HomeMy WebLinkAboutSTEELE'S MARKET AT HARMONY MARKET PUD, 3RD FILING - FINAL - 54-87E - REPORTS - APPEAL TO CITY COUNCIL • •
AGENDA ITEM SUMMARY ITEM NUMBER: 18
DATE: November 19, 1991
110 FORT COLLINS CITY COUNCIL STAFF• Ted Shepard
SUBJECT:
Resolution 91- 150 Making Findings of Fact Regarding the Appeal of the Planning
and Zoning Board Approval of the Request for Administrative Change to Nash
Finch/Steele's Market at Harmony Market, Filing Three, Final P.U.D. The Appeal
Pertains Only to a Portion of Condition Number Three.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
On September 23, 1991 the Planning and Zoning Board voted 6-0 to approve, with
three conditions, the request for an administrative change to Nash Finch/Steele's
Market at Harmony Market, Filing Three, Final P.U.D. The appeal relates only
to the locational aspect of condition number three of the Planning and Zoning
Board's final decision. Condition number three reads as follows:
• "The three signs on the lower fascia be lowered off the fascia and be of
blue color to carry the established signage theme across all three anchors and
to promote consistency."
On November 5, 1991, Council voted 5-0 to overturn the decision of the Planning
and Zoning Board. 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 appellant's notice of appeal was based on the allegation that:
The Planning and Zoning Board abused its discretion, in that its decision was
arbitrary and without the support of competent evidence in the record.
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4111 RESOLUTION 91-150
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE
APPEAL OF THE PLANNING AND ZONING BOARD'S
APPROVAL WITH CONDITIONS THE REQUEST FOR
ADMINISTRATIVE CHANGE TO NASH FINCH/STEELE'S MARKET
AT HARMONY MARKET, FILING THREE, FINAL P.U.D.
WHEREAS, on September 23, 1991, the Planning and Zoning Board (the "Board") ,
after notice and hearing, approved, with three conditions, the request for an
administrative change to the Nash Finch/Steele's Market at Harmony Market, Filing
Three, Final P.U.D. ; and
WHEREAS, on September 26, 1991, Nash Finch Company and Steele's Market (the
"Appellant") filed a Notice of Appeal , appealing only that portion of condition
number three of the aforesaid decision of the Board that pertains to the location
of the three signs on the lower fascia of the building; and
WHEREAS, upon hearing and after full consideration of the record on appeal
as presented to the Board, and after hearing argument thereon, the Council made
the following findings of fact:
1 . The grounds for appeal as stated in the notice of appeal of Nash
Finch Company and Steeles Market conform to the requirements of
Section 2-48 of the City Code.
4110 2. As to the grounds alleged in the Appellant's Notice of Appeal :
a. The Board did not fail to receive all relevant evidence offered
by the Appellant.
b. The Board, in requiring that the Appellant's signs be lowered
off the fascia of the building to which they are to be
attached, abused its discretion, in that its decision was
arbitrary and without the support of competent evidence in the
record.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows: (1) that the decision of the Planning and Zoning Board of September
23, 1991, be, and the same is, hereby overturned; and (2) that the
administrative change requested by the Appellant to the Nash Finch/Steele's
Market at Harmony Market, Filing Three, Final P.U.D. is hereby approved upon the
first two conditions previously imposed by the Board and accepted by the
appellant and without the additional condition that the signage proposed by the
Appellant be lowered off the fascia of the building to which it is to be
attached.
t
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Passed and adopted at a regular meeting of the Council of the City of Fort
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Collins held this 19th day of November, A.D. 1991.
Mayor
ATTEST:
City Clerk
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