HomeMy WebLinkAbout2012-108-11/20/2012-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF THE DECISION OF THE ZONING BOARD OF RESOLUTION 2012-108
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF THE DECISION OF THE ZONING BOARD OF APPEALS
RELATING TO THE APPROVAL OF A VARIANCE TO ALLOW THE EXISTING
OFF-PREMISE SIGN (BILLBOARD) N THE BNSF RAILROAD RIGHT-OF-WAY
AT 190 WEST PROSPECT ROAD TO BE REMOVED AND REINSTALLED AT A
NEW LOCATION WITHIN THE SAME RAILROAD RIGHT-OF-WAY AT
190 WEST PROSPECT ROAD
WHEREAS, on August 9, 2012, the Zoning Board of Appeals (the "Board") approved a
variance to allow the existing off-premise sign(billboard)located in the BNSF railroad right-of-way
at 190 West Prospect Road to be removed and reinstalled at a new location within the same railroad
right-of-way at 190 West Prospect Road (the "Project"); and
WHEREAS, on August 23, 2012, a Notice of Appeal of the Board's decision was filed with
the City Clerk by Richard L. Anderson (the "Appellant"); and
WHEREAS, on November 6, 2012,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 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 Notice of Appeal conform
to the requirements of Section 2-48 of the City Code.
2. That the Board did not fail to conduct a fair hearing.
3. That the Board failed to properly interpret and apply the Land Use Code in the
granting of the variance because the Board based its decision, in part, upon its
finding that the granting of the variance would not be detrimental to the public
good when, in fact, the granting of the variance would be detrimental to the
public good.
4. That the granting of the variance would be detrimental to the public good
because:
a. the City has established in its sign code a policy that newly erected
off-premise signs should be prohibited because they generate negative
impacts on the aesthetics of the City,including visual clutter,and also
exacerbate traffic safety risks; and
b. the relocation of the billboard would increase the presence of off-
premise signage in the City,contrary to the foregoing policy,since the
relocation would enable a sign that has historically been used as a
one-sided sign to instead be used as a two-sided sign.
Passed and adopted at a regular meeting of the City Council held this 20th day of November,
A.D. 2012.
May
o T
G\,0 t OF F0�
ATTEST: ::0
City Clerk 0IYA D 0
2