Loading...
HomeMy WebLinkAbout1997-154-12/02/1997-APPEAL BUILDING PERMITS FAIRBROOKE HEIGHTS PUD LOTS 41 42 RESOLUTION 97-154 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE PLANNING AND ZONING BOARD RELATING TO BUILDING PERMITS FOR LOTS 41 AND 42 IN FAIRBROOKE HEIGHTS P.U.D. WHEREAS, on August 20, 1997, the City Manager, in consultation with other City staff, made a decision not to revoke building permits for Lots 41 and 42 in Fairbrooke Heights P.U.D.;and WHEREAS, on September 3, 1997, an appeal was filed with the City Clerk by Cheyrl Phinney appealing the decision of the City Manager to the Planning and Zoning Board as authorized pursuant to Section 2-353(4) of the City Code; and WHEREAS,on September 18, 1997,the Planning and Zoning Board heard and considered the appeal which was filed by Cheyrl Phinney, et al., and, at the conclusion of the hearing, determined that: (a) the Planning and Zoning Board had jurisdiction to decide the appeal; (b) the appeal had been timely filed; and (c) the City Manager's decision not to revoke the building permits for Lots 41 and 42 was proper; and WHEREAS, for the foregoing reasons, the Planning and Zoning Board upheld the decision of the City Manager regarding the building permits for Lots 41 and 42; and WHEREAS, on October 1, 1997, a notice of appeal of the Board's decision was filed with the City Clerk by Cheyrl Phinney, et al.; and WHEREAS, on October 2, 1997, a notice of appeal of the Board's decision was filed with the City Clerk by C and M Homes, Inc.; and WHEREAS, on November 18, 1997,the City Council, after notice given in accordance with Chapter 2, Article II, Division 3 of the City Code, considered said appeals,reviewed the record on appeal and heard presentations from both of the appellants and other parties in interest; and WHEREAS,City Code Section 2-5 6(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 Section 2-56(e) of the City Code, the Council hereby makes the following findings of fact and conclusions regarding both the appeal as filed by Cheyrl Phinney, et al. and the appeal filed by C and M Homes, Inc.: Section 1. That the grounds for appeal as stated in both of the appellants' notices of appeal conform to the requirements of Section 2-48 of the City Code. Section 2. That,with respect to the appeal filed by C and M Homes, Inc., the Board did not fail to properly interpret and apply the relevant provisions of the Code including, without limitation, the provisions of Section 2-353(4) of the Code, and that, accordingly, the Board's decision that it had jurisdiction to decide the appeal and that the appeal had been timely filed, is hereby upheld. Section 3. That, with respect to the appeal filed by Cheyrl Phinney, et al.,the Board did not fail to conduct a fair hearing for any of the reasons stated in said appellant's notice of appeal; the Board did not fail to properly interpret and apply any relevant provisions of the Code and Charter with regard to the subject matter of the appeal;and,accordingly,the Board's determination regarding the building permits for Lots 41 and 42 in the Fairbrooke Heights P.U.D. was proper is hereby upheld. Passed and adopted at a regular meeting of the City Council held this 2nd day of December, A.D. 1997. Mayor Pro Tern ATTEST: %WLk LAA'�*et. L City Clerk