HomeMy WebLinkAbout2003-102-09/16/2003-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE ADMINISTRATIVE HEA RESOLUTION 2003-102
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 July 14, 2003, the City's Administrative Hearing Officer (the "Hearing
Officer")approved the Discount Tire at Fossil Creek Project Development Plan(the"Project");and
WHEREAS,on July 24,2003,a Notice of Appeal of the Hearing Officer's decision was filed
with the City Clerk by Discount Tire Co., (the "Appellant"); and
WHEREAS, on August 11, 2003, an Amended Notice of Appeal of the decision was filed
with the City Clerk by the Appellant; and
WHEREAS,on September 2,2003,the City Council, after notice given in accordance with
Chapter 2, Article 11, 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,
remanded the matter to the Hearing Officer for rehearing; 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 failed to conduct a fair hearing by considering
evidence relevant to his findings which was substantially false or grossly
misleading.
3. That,for the foregoing reason,the Project is hereby remanded for rehearing.
Passed and adopted at a regular meeting of the City Council held this 16th day of September,
A.D. 2003.
'V
Mayor
T EST:
City Clerk