Loading...
HomeMy WebLinkAboutADRIAN SUBDIVISION, 1ST FILING - PDP - 42-03A - REPORTS - CITY COUNCILPassed and adopted at a regular meeting of the Council of the City of Fort Collins held this 18th day of January, A.D. 2005. Mayor ATTEST: City Clerk RESOLUTION 2005-003 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL OF THE NOVEMBER 1, 2004, DETERMINATION OF THE ADMINISTRATIVE HEARING OFFICER REGARDING THE ADRIAN SUBDIVISION, FIRST FILING PROJECT DEVELOPMENT PLAN WHEREAS, on November 1, 2004, the City's Administrative Hearing Officer (the "Decision Maker") approved the Adrian Subdivision, First Filing Project Development Plan; and WHEREAS, on November 15, 2004, a Notice of Appeal of the Decision Makers decision was filed with the City Clerk by Dr. Steven L. Schaeffer and Ms. Sandy Knox (the "Appellants"); and WHEREAS, on December 1, 2004, an Amended Notice of Appeal of the Decision Maker's decision was filed with the City Clerk by the Appellants; and WHEREAS, on January 4, 2005, 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 Appellants and, after discussion, upheld the decision of the Decision Maker; 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 Council hereby makes the following findings of fact and conclusions: That the grounds for appeal as stated in the Appellants' Amended Notice of Appeal conform to the requirements of Section 248 of the City Code. 2. That the Decision Maker did not fail to properly interpret and apply the relevant provisions of the Land Use Code in approving the Adrian Subdivision, First Filing Project Development Plan. 3. That, for the foregoing reason, the decision of the Decision Maker approving the Adrian Subdivision, First Filing Project Development Plan is upheld. January 18, 2005 -2- Item No. 20 (D) Division 3.3.1(B)(2) states that "the general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed development shall be designed in a way that enhances an interconnected street system within and between neighborhoods and otherwise accomplishes the purposes and intent of the Land Use Code". (E) Division 3.3.3(C) states that "any lands that are subject to high groundwater shall not be platted for building lots with basements". (F) Division 3.6.2(L)(1)(a) states that "a private drive shall not be permitted if it prevents or diminishes compliance with any other provisions of the Land Use Code". (G) Division 3.6.2(L)(1)(b) states that "a private drive, instead of a street, shall be allowed to provide access to an unusually shaped parcel of land". At the January 4, 2005 hearing on this matter, Council considered the testimony of City staff, the Appellants, and the opponents to the appeal and determined that the Administrative Hearing Officer did properly interpret and apply all relevant laws. City Council upheld the decision of the Administrative Hearing Officer. AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT ITEM NUMBER: 20 DATE: January 18, 2005 STAFF: Steve Olt Resolution 2005-003 Making Findings of Fact and Conclusions Pertaining to the Appeal of the November 1, 2004, Determination of the Administrative Hearing Officer Regarding the Adrian Subdivision, First Filing, Project Development Plan. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY On December 1, 2004, an appeal of the November 1, 2004 decision of the Administrative Hearing Officer to approve the Adrian Subdivision, First Filing - Project Development Plan was filed by the Appellants Dr. Steven L. Schaeffer and Ms. Sandy Knox. On January 4, 2005, City Council voted to uphold the decision of the Administrative Hearing Officer. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. BACKGROUND The Appellants notice of appeal was based on the allegation that: 1. Relevant laws were not properly interpreted and applied. (A) Division 4.3 RL - Low Density Residential District, Sections (D)(1) and (D)(2). (D)(1) states that "the minimum lot area shall not be less than six thousand (6,000) square feet". (D)(2) states that "the minimum lot width shall be sixty (60) feet for a single-family dwelling". (B) Division 3.2.3(E)(2) Solar Access, Orientation, Shading - Alternative Compliance states that "the decision maker shall take into account whether the alternative design fosters nonvehicular access". (C) Division 3.3.1(13)(1) states that "no lot in a subdivision shall have less area than required under the applicable zoning requirements of the city".