HomeMy WebLinkAbout2003-022-02/18/2003-MAKING FINDING OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE PLANNING AND ZONING RESOLUTION 2003-022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE PLANNING AND ZONING BOARD
GRANTING THE REQUEST OF IN-SITU, INC. TO MODIFY
TWO LAND USE CODE STANDARDS
WHEREAS, on December 19, 2002, the City's Planning and Zoning Board (the "Board")
approved the request of In-Situ,Inc.to modify two standards contained in the City's Land Use Code;
and
WHEREAS, on January 2, 2003, a Notice of Appeal of the Board's decision was filed with
the City Clerk by Eric Hamrick and David Roy on behalf of the City Council (the "Appellant"), and
an Amended Notice of Appeal was filed with the City Clerk on January 21, 2003, (the "Amended
Notice of Appeal"); and
WHEREAS, on February 4, 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 parties in interest and, after discussion, upheld the decision of
the Board; 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 Board did not fail to properly interpret and apply the relevant
provisions of the City's Land Use Code, and specifically Sections 2.8.2(H),
3.4.1(E)and 4.16(1))(3)(a)3,in approving the modifications of the standards
set forth therein.
2. That, for the foregoing reasons, the decision of the Board approving such
modifications is hereby upheld.
Passed and adopted at a regular meeting of the City Council held this 18th day of February,
A.D. 2003.
ayor
TTEST:
4
City Clerk