HomeMy WebLinkAbout2006-033-03/21/2006-MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL OF THE DETERMINATION OF THE ADMINIS RESOLUTION 2006-033
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL OF THE DETERMINATION OF THE
ADMINISTRATIVE HEARING OFFICER REGARDING THE
RAVEN VIEW PROJECT DEVELOPMENT PLAN AND
MODIFICATION OF STANDARD
WHEREAS,on December 13,2005,an administrative hearing was held regarding the Raven
View Project Development Plan and Modification of Standard; and
WHEREAS, on December 30, 2005, after deliberation, the administrative hearing officer
concurred with the staff recommendation and approved the Raven View Project Development Plan
and Modification of Standard; and
WHEREAS, on January 11, 2006, a Notice of Appeal of the hearing officer's decision was
filed with the City Clerk by Lois and Robert Gore, Eric Stenner and Charles Fletcher (the
"Appellants"); and
WHEREAS, on January 25, 2005, an Amended Notice of Appeal was filed with the City
Clerk's Office by the Appellants; and
WHEREAS, on March 7, 2006, 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,
modified the decision of the hearing officer to include certain additional findings; 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' Notice of Appeal and
Amended Notice of Appeal conform to the requirements of Section 2-48 of the City
Code.
2. That the hearing officer's decision approving the Raven View Project Development
Plan and modification of standard number 12-05 and number 12-05A is hereby
modified to include the following additional findings:
(a) that the granting of the modification of standard would not be
detrimental to the public good;
(b) that the property has unique physical conditions of being nearly
landlocked from public streets with the only access being to Taft Hill
Road such that the strict enforcement of the City's LOS standards
would work a substantial hardship upon the applicant; and
(c) that the decision of the hearing officer, as modified to include the
above stated findings, should be upheld because the hearing officer
properly interpreted and applied the provisions of the Land Use Code
in approving the project.
Passed and adopted at a regular meeting of the Co cil of the City of Fort Collins this 21 st
day of March, A.D. 2006.
Mayor
ATTEST:
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City Clerk