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