HomeMy WebLinkAbout2000-019-01/18/2000-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A BUILDING REVIEW BOARD DECISION REL RESOLUTION 2000 -19
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE BUILDING REVIEW BOARD
RELATING TO THE LARIMER COUNTY DETENTION CENTER EXPANSION
WHEREAS,on October 28, 1999,the City Building Review Board(the"Board")denied the
variance request of Larimer County regarding the City Building Code which specifies certain
guardrail safety standards relative to the Larimer County Detention Center Expansion Project at 2405
Midpoint Drive (the "Project"); and
WHEREAS, on November 10, 1999, a Notice of Appeal of the Board's decision was filed
with the City Clerk by Larimer County (the "Appellant"); and
WHEREAS, on January 4, 2000, 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,
decided to overturn the Board's decision; 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. 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. The Board failed to properly interpret and apply the relevant provisions of the
City Code and Charter in denying the Project.
3. The Council specifically finds that the proposal of the Appellant of a guardrail
designed such that a twelve-inch sphere could not pass through it, as has been
installed in the Larimer County Detention Center Expansion, is an alternate
design that,given the nature of the use of the Larimer County Detention Center,
is equivalent to the design prescribed by the City's Building Code in protecting
the safety of both the public and the inmates and employees sought to be
protected by the guardrail.
4. Accordingly, the Council hereby overturns the Board's decision denying the
Project and approves the alternate design proposal as presented by the Appellant.
Passed and adopted at a regular meeting of the City Council held this 18th day of January,
A.D. 2000.
Mayor
ATTEST:
City Clerk
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