HomeMy WebLinkAbout2018-121-12/04/2018-MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE ZONING BOARD OF APPEAL'S RESOLUTION 2018-121
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE
APPEAL OF THE ZONING BOARD OF APPEAL'S DECISION APPROVING A
VARIANCE, WITH ONE CONDITION, FOR 216 NORTH COLLEGE AVENUE
WHEREAS, on September 13, 2018, the Zoning Board of Appeals (the "ZBA") reviewed
and approved Appeal #180021, which granted a variance for the property located at 216 North
College Avenue (the "Property") to increase the Property's sign allowance from 636 square feet
to 1,836 square feet in order to accommodate 4 existing rooftop off-premise signs, in addition to
on-premise signage for tenants of the Property related to voluntary redevelopment of the Property,
with the condition that the variance will expire on October 1, 2023,which is when the initial term
of the current lease between the Property owner and Lamar Advertising(the "Appellant") expires
(the"Variance"); and
WHEREAS,on October 1,2023,the Variance will expire and the Property owner will need
to come into compliance with existing sign allowance provisions of the Land Use Code, by
reducing the total signage on the Property in a manner of their choosing; and
WHEREAS, on September 27, 2018, Appellant filed an appeal (the ``Notice of Appeal")
of the ZBA approval of the Variance with the City Clerk; and
WHEREAS, the Appellants asserted in the Notice of Appeal that the ZBA failed to
properly interpret and apply Land Use Code Sections 3.8.7.1(D)(3) and 3.8.7.1(A)(3); and
WHEREAS, on November 27, 2018, the City Council, after notice given in accordance
with Chapter 2,Article II,Division 3,of the City Code,considered the appeal,reviewed the record
on appeal, and heard presentations from the Appellant; and
WHEREAS,after discussion,the City Council found and concluded based on the evidence
in the record and presented at the November 27, 2018, hearing that the ZBA properly interpreted
and applied Land Use Sections 3.8.7.1(D)(3) and 3.8.7.1(A)(3) and that the ZBA's decision did
not conflict with the Federal Highway Beautification Act and Colorado Outdoor Advertising Act;
and
'WHEREAS, Council finds that Appellant's appeal is without merit in its entirety and is
denied; and
WHEREAS, City Code Section 2-55(g) 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 2.55(g) of the City Code,the City Council hereby makes and
adopts the following findings of fact and conclusions:
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1. That the City Council hereby makes and adopts the determinations and findings contained
in the recitals set forth above..
2. That the grounds for appeal stated in the Notice of Appeal conform to the requirements of
Section 248 of the City Code.
3. That based on the evidence in the record and presented at the November 27, 2018, City
Council hearing, the ZBA's September 13, 2018, decision on the Variance is upheld in its
entirety.
4. The Appellants' allegation that the ZBA failed to properly interpret and apply the Land
Use Code is without merit and is denied in its entirety.
5. That adoption of this Resolution shall constitute the final action of the City Council in
accordance with City Code Section 2-55(g).
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th
day of December, A.D. 2018.
Mayor`
ATTEST:
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City C1 SEAL
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