HomeMy WebLinkAbout2008-127-12/16/2008-MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL BY RANDY WHITMAN OF THE JULY 17, 20 RESOLUTION 2008-127
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL BY RANDY WHITMAN OF THE JULY 17, 2008,
DETERMINATION OF THE PLANNING AND ZONING BOARD TO DENY
THE WHITMAN STORAGE FACILITY- REQUEST FOR A MODIFICATION
OF STANDARD
WHEREAS, on July 17,2008,the City's Planning and Zoning Board (the "Board")denied
a request for Modification of Standard of Whitman Storage Facility Project#11-08 (hereafter, the
"Project"); and
WHEREAS,on August 19,2008,an Amended Notice of Appeal of the Board's decision was
filed with the City Clerk by Randy Whitman (the "Appellant"); and
WHEREAS, on December 2, 2008,the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, considered said appeal, reviewed the record on
appeal, heard presentations from the Appellant and, after discussion, upheld the decision of the
Board; and
WHEREAS,City Code Section 2-56(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 City Council hereby makes the
following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellants' Amended Notice of
Appeal conform to the requirements of Section 2-48 of the City Code.
2. That the Board did not fail to properly interpret and apply the relevant
provisions of the Land Use Code in denying the Appellant's request for
Modification of Standard.
3. That,for the foregoing reason,the decision of the Board denying the request
for Modification of Standard is upheld.
Passed and adopted at a regular meeting of the Coup ' of e City of Fort Collins held this
16th day of December, A.D. 2008.
Mayor
ATTEST:
City Clerk