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HomeMy WebLinkAbout1996-139-11/19/1996-APPEAL CONCLUSIONS FINDINGS OF FACT HARBOR WALK ESTATES PUD PLANNING AND ZONING BOARD RESOLUTION 96-139 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 THE HARBOR WALK ESTATES PUD WHEREAS,on August 26, 1996,the Planning and Zoning Board ("the Board") denied the Referral of an Administrative Change for Harbor Walk Estates PUD (the "Project"); and WHEREAS,on September 9, 1996,a Notice of Appeal of the Board's decision was filed with the City Clerk by Sollenberger Development Corporation (the "Appellant"); and WHEREAS, on November 5, 1996,the City Council, after notice was given in accordance with Chapter 2, Article II, Division 3 of the City Code, considered the foregoing appeal, reviewed the record on appeal and heard presentations from the Appellant and other parties-in-interest; and WHEREAS, at the conclusion of said hearing,the City Council determined that the decision of the Planning and Zoning Board should be upheld and that the proposed administrative change for the project should be denied; and WHEREAS, Section 2-56(e)of the City Code provides that no later than the date of its next regular meeting, the City Council shall adopt, by resolution, findings of fact in support of its decision. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Council hereby makes the following findings of fact and conclusions: 1. That the grounds for appeal as stated in the Appellant's Notice of Appeal dated September 9, 1996, conform to the requirements of Section 2-48 of the City Code; 2. That the Board did not fail to conduct a fair hearing for any of the reasons stated in the Notice of Appeal; 3. That the Board did not fail to properly interpret and apply the relevant provisions of the City Code or Charter in denying the proposed administrative change for the Project; 4. That the proposed administrative change does not conform to the requirements of All Development Criterion A-2.2 of the Land Development Guidance System regarding building orientation and placement in that the fencing proposed pursuant to such administrative change would be inconsistent with the character of the neighborhood surrounding the Project; and 5. That, for the foregoing reasons, the proposed administrative change for the Project is hereby denied. Passed and adopted at a regular meeting of the Council of�ity of Fort Coll iys held this 19th day of November, A.D. 1996. ayor ATTE it- Clerk 2