HomeMy WebLinkAbout2012-025-04/17/2012-MAKING FINDINGS OF FACT REGARDING THE APPEAL OF THE FEBRUARY 16, 2012, PLANNING AND ZONING BOARD'DEN RESOLUTION 2012-025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE APPEAL OF THE
FEBRUARY 16, 2012, PLANNING AND ZONING BOARD'DENIALS OF
TWO STAND-ALONE MODIFICATIONS CONCERNING THE
PROPOSED CARRIAGE HOUSE APARTMENTS
LOCATED AT 1305 TO 1319 SOUTH SHIELDS STREET
WHEREAS, on February 16, 2012,the Planning and Zoning Board(the"Board")denied a
requested stand-alone modification from Land Use Code Section 3.4.7(B)concerning the proposed
Carriage House Apartments located at 1305 to 13-19 South Shields Street, and a stand-alone
modification from Land Use Code Section 3.4.7(E) concerning the proposed Carriage House
Apartments located at 1305 to 1319 South Shields Street (together referred to as the
"Modifications"); and
WHEREAS,on March 1, 2012, a Notice of Appeal of said decisions of the Board was filed
in the Office of the City Clerk by the applicant for the Modifications, Charles A. Bailey on behalf
of Catamount Properties, Ltd., alleging that the Board had failed to conduct a fair hearing by
considering evidence that was substantially false and grossly misleading, and further alleging that
the Board improperly interpreted and applied relevant portions of the Land Use Code in its denial
of the Modifications; and
WHEREAS, on April 3, 2012, after notice given in accordance with Chapter 2, Article II,
Division 3,of the City Code,the City Council considered said appeal,reviewed the record on appeal,
heard presentations by parties in interest to the appeal, and, after discussion, voted to uphold the
decisions of the Board denying the Modifications; and
WHEREAS,City Code Section 2-56(e)provides that no later than the date of its next regular
meeting after the hearing on an appeal,the City Council shall adopt, by resolution, findings of fact
in support of its decisions 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 Notice of Appeal conform to the
requirements of Section 2-48 of the City Code;
2. That, in reaching its decisions to deny the Modifications, the Board did not
fail to conduct a fair hearing;
3. That, in reaching its decision to deny the proposed modification from Land
Use Code Section 3.4.7(B), the Board properly interpreted and applied the relevant
provisions of the Land Use Code; and
4. That, in reaching its decision to deny the proposed modification from Land
Use Code Section 3.4.7(E), the Board properly interpreted and applied the relevant
provisions of the Land Use Code; and
5. That, in light of the foregoing,the February 16, 2012, decision of the Board
denying the proposed modification from Land Use Code Section 3.4.7(B)is hereby
upheld.
6. That, in light of'the foregoing,the February 16, 2012, decision of the Board
denying the proposed modification from Land Use Code Section 3.4.7(E)is hereby
upheld.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th
day of April A.D. 2012.
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Interim City Clerk '
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