HomeMy WebLinkAbout2003-084-07/15/2003-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE ADMINISTRATIVE HEA RESOLUTION 2003-084
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE ADMINISTRATIVE HEARING OFFICER
RELATING TO THE BELLA VISTA PROJECT DEVELOPMENT PLAN
WHEREAS, on April 24, 2003, the City's Administrative Hearing Officer (the "Hearing
Officer") approved the Bella Vista Project Development Plan (the "Project"); and
WHEREAS,on May 7,2003,a Notice of Appeal of the Hearing Officer's decision was filed
with the City Clerk by Paul Thomas Kitze, et al., (the "Appellants"); and
WHEREAS,on July 1,2003,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 Appellants and other parties in interest and,after discussion,upheld the
decision of the Hearing Officer; 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 Notice of Appeal
conform to the requirements of Section 2-48 of the City Code.
2. That the Hearing Officer did not fail to conduct a fair hearing by failing to
receive all relevant evidence offered by the Appellants.
3. That the Hearing Officer did not fail to properly interpret and apply the relevant
provisions of the Code, including,but not limited to, Sections 3.5.1(C) and(G)
and 3.8.17(A)(3), in approving the project.
4. That, for the foregoing reasons, the decision of the Hearing Officer approving
the project is hereby upheld.
Passed and adopted at a regular meeting of the City Council held this 15th day of July,A.D.
2003.
M yor --
ATTEST:
City Clerk
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