00-0434R

RESOLUTION EXPRESSING INTENT TO MODIFY THE NORTH SHORE DEVELOPMENT MORATORIUM TO ALLOW LIMITED CONSTRUCTION OF SINGLE FAMILY DWELLINGS AND REQUESTING ADMINISTRATIVE COORDINATION WITH RESPECT TO A BUILDING PERMIT ISSUED.

BY PRESIDENT GILBERT:

WHEREAS, by the passage of this resolution and the filing of Ordinance No. 00-018-O, the Duluth City Council hereby expresses its intent to modify the North Shore development moratorium contained in Ordinance No. 9439 to permit limited construction of single family residences under the terms and conditions set forth in Ordinance No. 00-018-O; and

WHEREAS, a building permit was inadvertently issued to Richard and Karen Sather for the construction of a single family residence within the moratorium area; and

WHEREAS, it appears that the residence the Sathers seek to construct will meet the conditions for the single family dwelling exception set forth in Ordinance No. 00-018-O; and

WHEREAS, the Sathers have expended time and money in reliance on the building permit they inadvertently received from the city;

NOW, THEREFORE, BE IT RESOLVED, that the Duluth City Council requests that the Duluth building official not seek to cancel or revoke the building permit issued to Richard and Karen Sather with the understanding that the city council proposes to pass Ordinance No. 00-018-O;

BE IT FURTHER RESOLVED, that the building official is requested to allow the Sathers to continue with their project during the time Ordinance No. 00-018-O is being enacted and on file before taking effect.


STATEMENT OF PURPOSE: This resolution sets forth the city council's intent to pass Ordinance No. 00-018-O, which creates a limited exception for single family residential construction in the moratorium area and would allow Sathers to continue with their project if they issue the covenant not to subdivide their land. This resolution further requests that the Sathers building permit not be revoked and that the Sathers be allowed to continue with their project while Ordinance No. 00-018-O is being passed and taking effect.