HomeMy WebLinkAbout1990-071-05/15/1990-APPEAL DENIAL COLLINSHAUS PUD OVERTURNING DECISION PLANNING AND ZONING BOARD SHREINER RESOLUTION 90-71
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE
APPEAL OF THE PLANNING AND ZONING BOARD'S
DENIAL OF THE COLLINSHAUS PUD,
PRELIMINARY AND FINAL PLAN,
AND OVERTURNING THE DECISION
OF THE BOARD
WHEREAS, on March 26, 1990, the Planning and Zoning Board, after
notice and hearing, denied the Collinshaus PUD, Preliminary and Final Plan;
and
WHEREAS, on April 6, 1990, Steven and Kelley Shreiner filed a Notice
of Appeal , appealing the aforesaid decision of the Planning and Zoning
Board; and
WHEREAS, on May 1, 1990, the City Council , after notice and hearing in
accordance with Chapter 2, Article II, Division 3 of the City Code,
considered said appeal as filed by Steven and Kelley Shreiner; and
WHEREAS, upon hearing and after full consideration of the record on
appeal as presented to the Planning and Zoning Board, and after hearing
argument thereon, the Council made the following findings of fact:
1 . The grounds for appeal as stated in the notice of appeal of
Steven and Kelley Shreiner conform to the requirements of
Section 2-48 of the City Code.
2. The Land Development Guidance System constitutes a viable
and legal alternative to the group home special review
provisions contained in Section 29-475 of the Code.
3. The Planning and Zoning Board:
a. Abused its discretion and made an arbitrary distinction
between "residents" and "live-in managers" as proposed
in the Collinshaus PUD, Preliminary and Final Plan; and
b. Failed to properly interpret and apply relevant
provisions of the Code and Charter by concluding that
the Collinshaus PUD did not conform to the criteria
contained in the Land Development Guidance System.
3. The Planning and Zoning Board did not fail to properly
interpret and apply the provisions of Chapter 13 of the Code
pertaining to discrimination nor did it fail to properly
interpret and apply the nonconforming use provisions found
at Section 29-541 et seq. of the Code.
4. The use as proposed pursuant to the Collinshaus PUD,
Preliminary and Final Plan, complies with the All Development
Criteria of the Land Development Guidance System including,
without limitation , the Neighborhood Compatibility
Requirements of the Land Development Guidance System.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the decision of the Planning and Zoning Board of March 26,
1990, denying the Collinshaus PUD, Preliminary and Final Plan, is hereby
overturned, and the Collinshaus PUD, Preliminary and Final Plan, is hereby
approved.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 15th day of May, A.D.I 1990. rr
Mayo
AT-
City Clerk