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HomeMy WebLinkAboutWAFFLE HOUSE - PDP - 17-02 - REPORTS - CITY COUNCILPassed and adopted at a regular meeting of the City Council held this 17th day of December, A.D. 2002. ATTEST: City Clerk 2 Mayor RESOLUTION 2002-112 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE ADMINISTRATIVE HEARING OFFICER RELATING TO THE 616 SOUTH COLLEGE AVENUE PROJECT DEVELOPMENT PLAN WHEREAS, on September 30, 2002, the City's Administrative Hearing Officer (the "Hearing Officer") approved the 616 South College Avenue Project Development Plan (the "Project"); and WHEREAS, on October 8, 2002, a Notice of Appeal of the Hearing Officer's decision was filed with the City Clerk by Judith A. and Grant W. Reid, (the "Appellants"), and an Amended Notice of Appeal was filed by the Appellants with the City Clerk on October 24, 2002 (the "Amended Notice of Appeal"); and WHEREAS, on November 19, 2001, the City Council, after notice given in accordance with Chapter 2, Article 11, Division 3, of the City Code, considered said appeal, reviewed the record on appeal, heard presentations from the Appellant and other parties in interest and, after discussion, upheld the decision of the Hearing Officer; 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 City Code Section 2-56(e), the Council hereby makes the following findings of fact and conclusions: 1. That the grounds for appeal as stated in the Appellant's Amended Notice of Appeal conform to the requirements of Section 2-48 of the City Code. 2. That the Hearing Officer did not fail to conduct a fair hearing by substantially ignoring her previously established rules of procedure or by considering evidence relevant to her findings which was substantially false or grossly misleading or by failing to receive all relevant evidence offered by the Appellants. 3. That the Hearing Officer did not fail to properly interpret and apply the relevant provisions of the Code, and specifically Sections 3.4.7(E), 3.5.1(A), (B), and (E)(1) and 3.5.3(D)(1) in approving the project with conditions. 4. That, for the foregoing reasons, the decision of the Hearing Officer approving the project is hereby upheld. AGENDA ITE% SUMMARY 'A NUMBER: 22 FORT COLLINS CITY COUNCIL DATE: December 17, 2002 FROM: Clark Mapes SUBJECT: Resolution 2002-1 12 Making Findings of Fact and Conclusions Regarding the Appeal of a Decision. of the Administrative Hearing Officer Relating to the 616 South College (Waffle House) Project Development Plan. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: On October 24, 2002, an Amended Appeal of the September 30, 2002 decision of the Administrative Hearing Officer to approve the 616 South College (Waffle House) Project Development Plan was filed by Appellants Judith A. and Grant W. Reid. On November 19, 2002, City Council voted 4-3 to uphold the decision of the Hearing Officer. In order to complete the record regarding this appeal, the Council needs to adopt a Resolution making findings of fact and finalizing its decision on the appeal.