HomeMy WebLinkAbout2003-048-04/01/2003-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE PLANNING AND ZONIN RESOLUTION 2003-048
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE PLANNING AND ZONING BOARD
RELATING TO THE CARIBOU APARTMENTS PROJECT DEVELOPMENT PLAN
WHEREAS, on January 16, 2003, the City's Planning and Zoning Board (the "Board")
approved the Caribou Apartments Project Development Plan (the "Project"); and
WHEREAS,on January 30,2003,a Notice of Appeal of the Board's decision was filed with
the City Clerk by Janet Winters, (the "Appellant"), and an Amended Notice of Appeal was filed by
the Appellant with the City Clerk on February 20, 2003 (the "Amended Notice of Appeal"); and
WHEREAS, on March 25, 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 Board; 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 Amended Notice of
Appeal conform to the requirements of Section 2-48 of the City Code.
2. That the Board did not fail to conduct a fair hearing by substantially ignoring
its previously established rules of procedure, or by considering evidence
relevant to its findings which was substantially false or grossly misleading,
or by failing to receive all relevant evidence offered by the Appellant.
3. That the Board did not fail to properly interpret and apply the relevant
provisions of the Code in approving the project.
4. That, for the foregoing reasons, the decision of the Board approving the project is
hereby upheld.
Passed and adopted at a regular meeting of the City Council held this 1st day of April,A.D.
2003.
Mayor
ATTEST:
City Clerk
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