00-018-O AS AMENDED ON 6/12

ORDINANCE NO. __________

AN ORDINANCE AMENDING SECTION 4 OF ORDINANCE NO. 9439, WHICH IMPOSED A MORATORIUM ON NORTH SHORE DEVELOPMENT IN DULUTH, TO ALLOW LIMITED CONSTRUCTION OF SINGLE FAMILY HOMES UNDER CERTAIN CONDITIONS.
BY PRESIDENT GILBERT:

The city of Duluth does ordain:

Section 1. That Section 4 of Ordinance No. 9439 be amended to read as follows:

Section 4. Exceptions to moratorium.

It is the intent of the Duluth City Council that this moratorium should not impose undue hardship upon the existing residents or residential lot owners in the moratorium area. Therefore, the following actions are exempt from the moratorium:

(a) The repair or remodeling of any structure in existence on the effective date of this ordinance provided that no change in use of the structure, as defined in Chapter 50 of the Duluth City Code, is made;

(b) The construction of a garage which is accessory to an existing residence, is 900 square feet or less in area, is not designed for human occupancy and contains no plumbing facilities;

(c) The construction of a one-family dwelling provided that the following conditions are met:

(1) The lot to be built upon has at least 200 feet of frontage on an improved roadway and has an area of at least two acres;

(2) The lot to be built upon was owned by the party doing the building before March 20, 2000;

(3) The party owning the lot to be built upon files with the county recorder a properly executed covenant, approved as to form by the city, agreeing that as a consideration for receiving a building permit to construct a one-family residence on the lot, the lot will never be subdivided without the expressed consent of the Duluth City Council in a city council resolution.

Section 2. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.

STATEMENT OF PURPOSE: This amendment to the North Shore development moratorium adds a limited exception to the ordinance to allow construction of a one-family dwelling on lots that meet certain criteria. The criteria are:

1. That the lot has 200 feet of road frontage and has an area of two acres (these are the current zoning criteria for construction in an "R-1-a" zone in an unsewered area);

2. That the lot was owned by the person building the one-family dwelling before the moratorium took effect (March 20, 2000). This provision is to prohibit people from buying land to take advantage of this exception.

3. The owners of the lot to be built upon must file with the County Recorder a covenant that the lot will never be subdivided without expressed approval of the Duluth City Council.