HomeMy WebLinkAbout2004-002-01/06/2004-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE ADMINISTRATIVE HEA RESOLUTION 2004-002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE ADMINISTRATIVE HEARING OFFICER
RELATING TO THE DISCOUNT TIRE AT FOSSIL CREEK
PROJECT DEVELOPMENT PLAN
WHEREAS, on October 7, 2003, the City's Administrative Hearing Officer (the "Hearing
Officer") approved (with conditions) the Discount Tire at Fossil Creek Project Development Plan
(the "Project"); and
WHEREAS, on October 21, 2003, a Notice of Appeal of the Hearing Officer's decision was
filed with the City Clerk by Merilee J. Lube, (the "Appellant"); and
WHEREAS,on November 10,2003,an Amended Notice of Appeal of the decision was filed
with the City Clerk by the Appellant; and
WHEREAS,on December 16,2003,the City Council,after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, considered said appeal, reviewed the record on
appeal, heard presentations from the Appellant and other parties in interest and, after discussion,
upheld the decision of the Hearing Officer; and
WHEREAS,City Code Section 2-56(e)provides that no later than the date of its next regular
meeting after the hearing of an appeal, City Council shall adopt, by resolution, findings of fact in
support of its decision on the appeal.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that, pursuant to City Code Section 2-56(e), the Council hereby makes the following
findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellant's Notice of Appeal
conform to the requirements of Section 2-48 of the City Code.
2. That the Hearing Officer did not fail to properly interpret and apply the
relevant provisions of the Land Use Code.
3. That,for the foregoing reason,the decision of the Hearing Officer approving
(with conditions) the Project is hereby upheld.
Passed and adopted at a regular meeting of the City Council he his 6th day of January,
A.D. 2004.
Mayor
ATTEST:
Q
City Clerk