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HomeMy WebLinkAbout1994-083-05/17/1994-APPEAL FAIRBROOKE PUD NORTHBROOK PATIO HOMES PLANNING AND ZONING BOARD RESOLUTION 94-83 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL FROM THE DECISION OF THE PLANNING AND ZONING BOARD RELATING TO THE NORTHBROOK PATIO HOMES AT FAIRBROOKE PUD, PRELIMINARY WHEREAS, on March 28, 1994, the Planning and Zoning Board ("the Board") approved, with conditions, the Northbrook Patio Homes at Fairbrooke PUD, Preliminary ("the Project") ; and WHEREAS, an Amended Notice of Appeal of the Board's decision was filed with the City Clerk by Robert H. Clay on April 25, 1994; and WHEREAS, on May 10, 1994, the City Council , after notice given in accordance with Chapter 2, ArticTe H, Division 3, of the City Code, considered said appeal , reviewed the record on appeal and heard presentations from the appellants and other parties-in-interest; and WHEREAS, at the conclusion of said hearing, the Council determined that the Board's decisions regarding the Project should be upheld, with one modification; and WHEREAS, Section 2-56 of the City Code provides that no later than the date of its next regular meeting after the hearing of an appeal , the 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 as follows: Section 1 . That the Council hereby finds as follows: (a) that the Board did not fail to conduct a fair hearing by considering evidence relevant to its findings which was substantially false or grossly misleading; and (b) that the Board properly interpreted and applied the relevant provisions of the City Code in making its decision. Section 2. That the Council , after considering the evidence and the arguments presented by the appellant, as well as those opposed to the appeal , has determined that the decision of the Board should be upheld, with the addition of a second access onto Prospect Street. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 17th day of May, A.D. 1994. "PF ATTEST: ayor e o City"