HomeMy WebLinkAbout2010-014-03/02/2010-MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL BY THE RIGDEN FARM MASTER ASSOCIATI RESOLUTION 2010-014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL BY THE RIGDEN FARM MASTER ASSOCIATION OF THE
DECEMBER 9, 2009 DETERMINATION OF THE LANDMARK PRESERVATION
COMMISSION TO DENY THE ASSOCIATION'S REQUEST FOR PERMISSION
TO INSTALL FIBER CEMENT SIDING ON THE RIGDEN FARM "BARN"
WHEREAS, on December 9, 2009, the City's Landmark Preservation Commission (the
"Commission") denied a request for permission to install fiber cement siding on the Ridgen Farm
"Barn"; and
WHEREAS,on December 23,2009,a Notice of Appeal of the Commission's decision was
filed with the City Clerk by the Rigden Farm Master Association (the "Appellant"); and
WHEREAS, on February 16, 2010, 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, after discussion, upheld the decision of the
Commission; and
WHEREAS, City Code Section 2-56(e) provides that no later than the date of its 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 City Council hereby makes the
following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellant's Notice of Appeal
conform to the requirements of Section 2-48 of the City Code.
2. That the Commission did not fail to conduct a fair hearing,did not exceed its
authority or jurisdiction as contained in the City Code or Charter and did not
improperly fail to receive all relevant evidence offered by the Appellant at the
hearing.
3. That the Commission did not fail to properly interpret and apply the relevant
provisions of the City Code in denying the Appellant's request for permission
to install fiber cement siding on the Rigden Farm "Barn".
4. That, for the foregoing reasons,the decision of the Commission denying the
request for permission to install fiber cement siding on the Rigden Farm
"Barn" is upheld.
Passed and adopted at a regular meeting oathe ci "ofs this 2nd
day of March, A.D. 2010.
Mayor
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