HomeMy WebLinkAbout2005-140-12/20/2005-MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL OF THE SEPTEMBER 16, 2005, DETERMIN RESOLUTION 2005-140
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL OF THE SEPTEMBER 16, 2005,DETERMINATION OF THE
ADMINISTRATIVE HEARING OFFICER REGARDING THE
CHERRY STREET STATION PROJECT DEVELOPMENT PLAN
WHEREAS, on September 16, 2005, the City's Administrative Hearing Officer (the
"Decision Maker") denied the Cherry Street Station Project Development Plan (the "Plan"); and
WHEREAS, on September 21, 2005, a Notice of Appeal of the Decision Maker's decision
was filed with the City Clerk by Mikal S. Torgerson (the "Appellant"); and
WHEREAS, on September 30, 2005, a Second Notice of Appeal of the Decision Maker's
decision was filed with the City Clerk by the Appellant together with additional business associates
of the Appellant, all collectively referred to hereafter as the "Appellant"; and
WHEREAS,on November 29, 2005,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,after discussion,overturned the decision of the
Decision Maker; 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 Section 2-56(e) of the City Code, the Council hereby makes the
following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellant's Notices of Appeal
conform to the requirements of Section 2-48 of the City Code.
2. That the Decision Maker failed to properly interpret and apply the relevant
provisions of the Land Use Code in denying the Cherry Street Station Project
Development Plan for the following reasons:
a. The Decision Maker erred in determining that the third story
mezzanine of the building to be constructed pursuant to the Plan
constituted a fourth story so that the building would not comply with
the height standard in the CCR Zone District. The Council hereby
determines that the definition of the term"mezzanine"is best derived
from the City's local modifications to the Uniform Building Code,
as contained in Section 5-27 of the City Code, which definition the
Council enacted subsequent to its enactment of the Land Use Code
for the purpose of maximizing the aggregate area of a mezzanine and
which allows for mezzanines to be closed to the room in which they
are located. Accordingly,the Council determines that the mezzanine
as proposed in the Plan does constitute a mezzanine and not a fourth
story.
b. Although the Decision Maker determined that a three-story building
with a maximum height of seventy feet would not comply with
Section 3.5.1(C) and would not meet the criteria in Section 3.5.1(G)
of the Land Use Code, the building proposed in the Project
Development Plan reaches a height of fifty-five feet, rather that
seventy feet, and the proposed building does comply with Section
3.5.1(C) and 3.5.1(G)(1)(a) of the Land Use Code.
C. The Decision Maker denied the Appellant's request for modification
of the height limit under the criteria contained in Section
3.5.1(G)(1)(c) and also denied a request for a modification of
standards under the criteria of Section 2.8.2(H). The denials of these
requests for modification are moot because the Council has
determined that the building does not constitute a four-story building,
and accordingly,no modifications are needed in order for the Project
Development Plan to be approved.
3. That, for the foregoing reason, the decision of the Decision Maker denying
the Cherry Street Station Project Development Plan is overturned, and the
Plan is hereby approved.
Passed and adopted at a regular meeting of the City Cotiaw held this 20th day of December,
A.D. 2005.
Mayor
ATTEST:
City Clerk O