HomeMy WebLinkAbout2009-001-01/06/2009-MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL OF THE WATER BOARDS AUGUST 28, 2008 RESOLUTION 2009-001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL OF THE WATER BOARD'S AUGUST 28, 2008,
DENIAL OF THE FLOODPLAIN VARIANCE FOR A SCHOOL IN THE
POUDRE RIVER 500-YEAR FLOODPLAIN
WHEREAS,on August 28,2008,the City's Water Board(the`Board" denied a floodplain
variance for the Nature School at 720-750 East Vine Drive,as a critical faci 'ty in the Poudre River
500-year floodplain(the "Variance"); and
WHEREAS, on September 10, 2008, a Notice of Appeal of a Board's decision was filed
with the City Clerk by representatives of the applicant for the Var' nce (the"Appellants"); and
WHEREAS,on September 30,2008,an Amended No 'ce of Appeal of the Board's decision
was filed with the City Clerk by the Appellants; and
WHEREAS,on December 16,2008,the City C cil,after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, c sidered said appeal, reviewed the record on
appeal, heard presentations from the Appellants an other parties-in-interest and,after discussion,
upheld the decision of the Board, and
WHEREAS,City Code Section 2-56 provides that no later than the date of its next regular
meeting after the hearing of an appeal, Ci Council shall adopt, by resolution, findings of fact in
support of its decision on the appeal.
NOW,THEREFORE, BE IT SOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that, pursuant to Seed n 2-56(e) of the City Code, the Council hereby makes the
following findings of fact and co clusions:
I. That the gro s for appeal as stated in the Appellants' Amended Notice of
Appeal con rm to the requirements of Section 2-48 of the City Code.
2. That t Water Board held a fair hearing and did not fail to receive all
relev t evidence that was offered by the Appellants, nor did it consider
ed ence relevant to its findings which was substantially false or grossly
isleading.
3. That the Water Board did not fail to properly interpret and apply the
provisions of the City Code in denying the Variance.
DEFEATED 2-4
Issue remanded to Water Board
4. That the August 28, 2008 decision of the Water Board denying the vari e
is hereby upheld by the City Council.
Passed and adopted at a regular meeting of the Council of the City of F rt Collins this 6th
day of January, A.D. 2009.
Mayor
ATTEST:
City Clerk
DEFEATED 2-4
Issue remanded to Water Board