Loading...
HomeMy WebLinkAbout2000-072-05/16/2000-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE WATER UTILITY HEAR RESOLUTION 2000-72 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE WATER UTILITY HEARING OFFICER DENYING THE APPLICATION OF EARLE AND MAXINE HORTON FOR A XERISCAPE CERTIFICATION AND GRASS HEIGHT VARIANCE WHEREAS,on March 15,2000,the Water Utility Hearing Officer,Steven Klausing,issued a decision upholding the determination of the Water Utility denying the application of Earle and Maxine Horton for a xeriscape certification and grass height variance; and WHEREAS, on March 27, 2000, a Notice of Appeal of the Hearing Officer's decision was filed with the City Clerk by Earl and Maxine Horton(the "Appellants"); and WHEREAS, on April 10, 2000, an Amended Notice of Appeal of the Hearing Officer's decision was filed with the City Clerk by the Appellants; and WHEREAS,the foregoing Amended Notice of Appeal contains allegations that the Hearing Officer failed to properly interpret and apply relevant provisions of the City Code and Charter and failed to conduct a fair hearing; and WHEREAS,on May 2,2000,the City Council,after notice given in accordance with Chapter 2, Article 11, Division 3, of the City Code, considered said appeal, reviewed the record on appeal, reviewed the relevant City Code and Charter provisions and,after discussion,decided to modify the decision of the Hearing Officer; 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 CITY 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 as stated in the Appellant's Amended Notice of Appeal conform to the requirements of Section 2-48 of the City Code. 2. That the Hearing Officer failed to properly interpret and apply the relevant provisions of the City Code. 3. The Council specifically finds that: (a) The Hearing Officer incorrectly found that the City's xeriscape certification and grass height variance program is a valid regulatory scheme. (b) The ordinance designating a xeriscape certification and grass height variance program did not provide direction to the Water Utility director to be followed in exercising the authority granted. 4. The City Manager is hereby directed to repeal the City's current xeriscape certification and grass height variance program,which program was administratively adopted. 5. The City Manager is hereby directed to provide the City Council with research and information which will assist the Council in considering the adoption of an ordinance authorizing the Water Utility to adopt a xeriscape certification and grass height variance program. 6. The City Manager is hereby directed to hold all pending applications for xeriscape certification in abeyance until the City Council adopts an ordinance authorizing the Water Utility to adopt a xeriscape certification and grass height variance program, or until the City Council determines that such a program will not be adopted. Passed and adopted at a regular meeting of the City Council held this 16th day of May,A.D. 2000. Mayor ATTEST: 1.4fll s City Clerk