HomeMy WebLinkAbout1992-016-01/21/1992-1513 CONSTITUTION AVENUE APPEAL FINDINGS FLEENER VARIANCE ZONING BOARD OF APPEALS RESOLUTION 92- 16
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING AN APPEAL FROM
THE ZONING BOARD OF APPEALS AND REMANDING THE
MATTER BACK TO THE BOARD FOR A NEW HEARING
WHEREAS, on November 14, 1991, the Zoning Board of Appeals, after notice and
hearing, denied a setback reduction variance for a carport addition at 1513
Constitution Avenue ("the requested variance") ; and
WHEREAS, on November 25, 1991, Ed and Thelma Fleener ("the appellants")
filed a Notice of Appeal , appealing the aforesaid decision of the Zoning Board
of Appeals; and
WHEREAS, on January 7, 1992, the City Council , after notice and hearing in
accordance with Chapter 2, Article II, Division 3 of the City Code, considered
said appeal ; and
WHEREAS, upon hearing and after full consideration of the record on appeal ,
and after hearing argument thereon, the Council made the following findings of
fact:
1 . The grounds for appeal as stated in the appellants' Amended
Notice of Appeal substantially conform to the requirements of
Section 2-48 of the Code; and
2. With respect to the merits of the appeal , the Zoning Board of
Appeals failed to afford the appellants a fair hearing in
that:
a. the Board failed to consider the requested variance in
the context of previously granted variance requests for
other carports;
b. the Board failed to properly consider all evidence
relevant to its decision, including the location of
other existing improvements on the appellants' lot; and
C. the Board failed to adequately consider the fact that
the appellants' lot is an older corner lot, which fact
may present "peculiar and exceptional practical
difficulties" to the appellants within the meaning of
Section 29-41 of the City Code.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
that the decision of the Zoning Board of Appeals of November 14, 1991, denying
a setback reduction variance for a carport addition at 1513 Constitution Avenue,
is hereby overturned, and the matter is remanded to the Zoning Board of Appeals
for a new hearing.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 21st day of January, A.D. 1992.
v �//lf/
Mayor `
ATTEST:
City Clerk