HomeMy WebLinkAbout2004-094-07/27/2004-MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL OF A DECISION OF THE LANDMARK PRESE RESOLUTION 2004-094
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL OF A DECISION OF THE LANDMARK PRESERVATION COMMISSION
REGARDING THE REQUEST BY DICK AND DIANNE RULE FOR A WAIVER
OF CONDITIONS OR PERMISSION TO RELOCATE OR DEMOLISH STRUCTURES
LOCATED AT 4824 SOUTH LEMAY AVENUE
WHEREAS, on May 12, 2004, the City's Landmark Preservation Commission (the
"Commission") denied(in part)the request of Dick and Dianne Rule for a waiver of conditions or
permission to relocate or demolish structures located at 4824 South Lemay Avenue(the"Request");
and
WHEREAS, on May 25, 2004, a Notice of Appeal of the Commission's decision was filed
with the City Clerk by Dick and Dianne Rule (the "Appellants"); and
WHEREAS,on June 8,2004, an Amended Notice of Appeal of the decision was filed with
the City Clerk by the Appellants; and
WHEREAS, on July 20, 2004, 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,
overturned the decision of the Commission and determined that the Appellants may either relocate
or demolish the structures which are the subject of this Appeal; 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 Appellants' Notice of Appeal
conform to the requirements of Section 2-48 of the City Code.
2. That the Commission failed to properly interpret and apply Section 14-53 of
the City Code because the spirit and purpose of Chapter 14 of the City Code
as stated in Section 14-2 and 14-3 is to protect structures which have been
designated as historic landmarks in the City and not to protect structures that
have not been designated if their preservation would work a substantial
hardship upon the owner of any such structure.
3. That the Council hereby finds that, pursuant to Section 14-53 of the City
Code,the Appellants have shown a substantial hardship and that their request
should be granted.
4. That, for the foregoing reason, the decision of the Commission denying (in
part) the Request is hereby overturned, and the Request is granted.
Passed and adopted at an adjourned meeting of the City Council held this 27th day of July,
A.D. 2004.
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