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HomeMy WebLinkAbout1991-150-11/19/1991-APPEAL HARMONY MARKET FILING THREE NASH FINCH COMPANY PLANNING AND ZONING BOARD STEELES MARKET RESOLUTION 91-150 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT REGARDING THE APPEAL OF THE PLANNING AND ZONING BOARD'S APPROVAL WITH CONDITIONS THE REQUEST FOR ADMINISTRATIVE CHANGE TO NASH FINCH/STEELE'S MARKET AT HARMONY MARKET, FILING THREE, FINAL P.U.D. WHEREAS, on September 23, 1991 , the Planning and Zoning Board (the "Board") , after notice and hearing, approved, with three conditions, the request for an administrative change to the Nash Finch/Steele's Market at Harmony Market, Filing Three, Final P.U.D. ; and WHEREAS, on September 26, 1991, Nash Finch Company and Steele' s Market (the "Appellant") filed a Notice of Appeal , appealing only that portion of condition number three of the aforesaid decision of the Board that pertains to the location of the three signs on the lower fascia of the building; and WHEREAS, upon hearing and after full consideration of the record on appeal as presented to the Board, and after hearing argument thereon, the Council made the following findings of fact: 1 . The grounds for appeal as stated in the notice of appeal of Nash Finch Company and Steeles Market conform to the requirements of Section 2-48 of the City Code. 2. As to the grounds alleged in the Appellant' s Notice of Appeal : a. The Board did not fail to receive all relevant evidence offered by the Appellant. b. The Board, in requiring that the Appellant's signs be lowered off the fascia of the building to which they are to be attached, abused its discretion, in that its decision was arbitrary and without the support of competent evidence in the record. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: (1) that the decision of the Planning and Zoning Board of September 23, 1991 , be, and the same is, hereby overturned; and (2) that the administrative change requested by the Appellant to the Nash Finch/Steele' s Market at Harmony Market, Filing Three, Final P.U.D. is hereby approved upon the first two conditions previously imposed by the Board and accepted by the appellant and without the additional condition that the signage proposed by the Appellant be lowered off the fascia of the building to which it is to be attached. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 19th day of November, A.D. 1991 . LC�1 -- Mayor ATTEST: City Cle