HomeMy WebLinkAbout2018-040-04/17/2018-MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE LANDMARK PRESERVATION COM RESOLUTION 2018-040
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING
THE APPEAL OF THE LANDMARK PRESERVATION COMMISSION'S
DECISION THAT 2601 SOUTH COLLEGE AVENUE IS ELIGIBLE
FOR FORT COLLINS LANDMARK DESIGNATION
WHEREAS, on February 21, 2018, the Landmark Preservation Commission (the "LPC")
conducted a de novo hearing and upheld the October 26, 2017, decision of the LPC Chair and
Community Development and Neighborhood Services Director that 2601 South College Avenue
(the "Property") is eligible for Fort Collins landmark designation pursuant to City Code Chapter
14; and
WHEREAS, on March 7, 2018, Bill Wells, Kriss Spradley, and Bill Barr (collectively the
"Appellants") filed a Notice of Appeal of the February 21, 2018, LPC decision; and
WHEREAS,the Appellants asserted in the Notice of Appeal that the LPC failed to properly
interpret and apply City Code Section 14-5, Subsections (1) through (5); and
WHEREAS, on April 3, 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, received new evidence for consideration as permitted by the City Code, and heard
presentations from the Appellants and City staff, and
WHEREAS,after discussion,the City Council found'and concluded based on the evidence
in the record and presented at the April 3, 2018, hearing that the LPC failed to properly interpret
and apply the following subsections of City Code Section 14-5:
1. Subsections 14-5(1) and (2), Significance and Standards for Determining Significance;
2. Subsections 14-5(3) and (4), Exterior Integrity and Standards for Determining Exterior
Integrity; and
3. Subsection 14-5(5), Context;
and
WHEREAS, based upon the LPC's failure to properly interpret and apply City Code
Section 14-5, Council overturned the February 21,2018,LPC decision and found that the Property
is not eligible for Fort Collins landmark designation; 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.
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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:
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 2-48 of the City Code.
3. That based on the evidence in the record and presented at the April 3, 2018, Council
hearing, the Appellants' allegation that the LPC failed to properly interpret and-apply City
Code Section 14-5, Subsection(1)through(5),has merit as described in the above recitals.
4. That the February 21, 2018, LPC decision regarding the Property is overturned and the
City Council hereby determines that the Property is not eligible for Fort Collins landmark
designation.
5. That except as stated herein,the Appeal is without merit and is denied._
6. That adoption of this Resolution shall constitute the final action ofthe 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 17th
day of April, A.D. 2018.
or
ATTEST:
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