HomeMy WebLinkAbout1989-054-02/28/1989-MAKING FINDINGS OF FACT REGARDING THE APPEAL OF THE PLANNING AND ZONING BOARD DENIAL OF THE 403 SOUT 4�
RESOLUTION 89-54
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE
APPEAL OF THE PLANNING AND ZONING BOARD
OF THE DENIAL OF THE 403 S. WHITCOMB PUD PRELIMINARY AND FINAL PLAN,
AND OVERTURNING THE DECISION OF THE BOARD
WHEREAS, on January 5, 1989, the Planning and Zoning Board, after
notice and hearing, denied the 403 S. Whitcomb PUD Preliminary and Final
Plan; and
WHEREAS, on January 19, 1989, Stephen McGinnis, by his attorneys,
March and Myatt, P.C. filed a notice of appeal , appealing the aforesaid
decision of the Planning and Zoning Board; and
WHEREAS, On February 21, 1989, the City Council , after notice and
hearing in accordance with Chapter 2, Article II, Division 3 of the City
Code, considered said appeal as filed by Stephen McGinnis; and
WHEREAS, upon hearing and after full consideration of the evidence as
presented to the Planning and Zoning Board, and after hearing argument
thereon, the Council made the following findings of fact:
1 . The grounds for appeal as stated in the notice of appeal of
Stephen McGinnis conform to the requirements of Section 2-48 of
the City Code.
2. The Planning and Zoning Board:
a. Did not abuse its discretion, and its decision was not
arbitrary and without the support of competent evidence in the
record;
b. Failed to properly interpret and apply relevant provisions of
the Code and Charter, including the Land Development Guidance
System and, by incorporation therein, the Comprehensive Plan
of the City, insofar, as the proposed use should have been
permitted, subject to certain specific terms and conditions
described below which would effectively mitigate the otherwise
negative impacts of the use;
c. Did not fail to conduct a fair hearing by exceeding its
authority or jurisdiction as contained in the Code and
Charter.
3. The use as proposed pursuant to the 403 S. Whitcomb PUD
Preliminary and Final Plan would not result in the intrusion of an
incompatible land use on the area adjacent to the subject
property, so long as the business permitted as an accessory use
thereunder remains limited to an antique business to be operated
solely by the occupant of the principal residence situated on the
premises; and, accordingly, such use, as so limited, would meet
the relevant requirements of the Code. Council therefore
overturns the findings and decision of the Planning and Zoning
Board.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the decision of the Planning and Zoning Board of January 5,
1989, denying the 403 S. Whitcomb PUD Preliminary and Final Plan, is hereby
overturned and the above-described use is hereby approved upon the terms
and conditions contained in Paragraph 3 above.
Passed and adopted at an adjourned meeting of the Council of the City
of Fort Collins held this 28th day of February, A.D. 98
Mayor
TTEST:
City C erk