HomeMy WebLinkAbout2002-077-08/20/2002-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE ZONING BOARD OF AP RESOLUTION 2002-077
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE ZONING BOARD OF APPEALS
RELATING TO THE 907 MATHEWS STREET LOT AREA VARIANCE REQUEST
WHEREAS, on May 9, 2002, the Zoning Board of Appeals (the "Board") denied the 907
Mathews Street Lot Area Variance Request (the "Project"); and
WHEREAS,on May 20,2002,a Notice of Appeal of the Board's decision was filed with the
City Clerk by Mikal Torgerson and Derrick Vandersluys, (the "Appellants"), and an Amended
Notice of Appeal was filed by the Appellants with the City Clerk on June 5, 2002 (the "Amended
Notice of Appeal"); and
WHEREAS, on July 16, 2002, 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 Appellant and other 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 grounds for appeal stated in the Appellant's Amended Notice of Appeal
conform to the requirements of Section 2-48 of the City Code.
2. That the Board did not fail to properly interpret and apply the City Code when
it determined that the proposal as submitted did not promote the general purpose
of the standard for which the variance is requested as well as, or better than, a
proposal which would comply with the standards for which the variance is
requested.
3. That the granting of the variance would actually encourage the proliferation of
the kinds of alley houses that Section 4.7(D)(1) was intended to limit.
4. That, for the foregoing reasons, the decision of the Board denying the 907
Mathews Street Lot Area Variance Request is hereby upheld.
Passed and adopted at a regular meeting of the City Council held this 20th day of August,
A.D. 2002.
Mayor .'=
ATTEST:
O-Ium
City Clerk
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