HomeMy WebLinkAbout2014-015-02/18/2014-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF THE DECEMBER 17, 2013, ADMINISTRATIV RESOLUTION 2014-015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL
OF THE DECEMBER 17, 2013, ADMINISTRATIVE HEARING OFFICER
DECISION REGARDING THE STONER SUBDIVISION
WHEREAS, on December 17, 2013, Administrative Hearing Officer, Kendra L. Carberry
(the "Hearing Officer") approved a major amendment to the Stoner Subdivision, MJA #130045)
located at 1017 West Magnolia Street (the "Decision"); and
WHEREAS, on December 31, 2013, a Notice of Appeal of the Decision was filed with
the City Clerk by a neighborhood organization known as "Protect Our Old Town Homes" (the
"Appellant"); and
WHEREAS, on February 4, 2014, 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 overturned the Decision; and
WHERES, City Code Section 2-57(g) 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 2-57(g) of the City Code, the City Council hereby
makes the following findings of fact and conclusions:
l. 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 Hearing Officer failed to property interpret and apply Land Use Code
Sections 3.5.1 and 4.7(A) in approving the major amendment because the
proposed amendment was not compatible with the established architectural
character of the adjacent neighborhood.
3. That the City Council hereby overturns the decision of the Hearing Officer and
finds that the proposed major amendment to the Stoner Subdivision does not
comply with Sections 3.5.1 and 4.7(A) of the Land Use Code because it is not
compatible with the established architectural character of the adjacent
neighborhood, particularly with regard to building bulk, mass, scale and rooflines.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of February, A.D. 2014.
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