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HomeMy WebLinkAbout2005-003-01/18/2005-MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL OF THE NOVEMBER 1, 2004, DETERMINAT RESOLUTION 2005-003 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL OF THE NOVEMBER 1, 2004, DETERMINATION OF THE ADMINISTRATIVE HEARING OFFICER REGARDING THE ADRIAN SUBDIVISION, FIRST FILING PROJECT DEVELOPMENT PLAN WHEREAS,on November 1,2004,the City's Administrative Hearing Officer(the"Decision Maker") approved the Adrian Subdivision, First Filing Project Development Plan; and WHEREAS, on November 15, 2004, a Notice of Appeal of the Decision Maker's decision was filed with the City Clerk by Dr. Steven L. Schaeffer and Ms. Sandy Knox (the "Appellants"); and WHEREAS, on December 1, 2004, an Amended Notice of Appeal of the Decision Maker's decision was filed with the City Clerk by the Appellants; and WHEREAS, on January 4, 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 Appellants and, after discussion, upheld 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 Appellants' Amended Notice of Appeal conform to the requirements of Section 2-48 of the City Code. 2. That the Decision Maker did not fail to properly interpret and apply the relevant provisions of the Land Use Code in approving the Adrian Subdivision, First Filing Project Development Plan. 3. That,for the foregoing reason,the decision of the Decision Maker approving the Adrian Subdivision, First Filing Project Development Plan is upheld. Passed and adopted at a regular meeting of the Council of the City of rt Collins held this 18th day of January, A.D. 2005. Mayor ATTEST: City Clerk