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:
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City Clerk