00-0514R

RESOLUTION VERIFYING THE DENIAL OF AN APPLICATION FOR SPECIAL USE PERMIT AMENDMENT AND FINDINGS OF FACT SET OUT IN RESOLUTION 00-0472, ADOPTED JULY 10, 2000.

BY PRESIDENT GILBERT:

BE IT RESOLVED,

(a) That the Duluth City Council verifies that by vote taken on July 10, 2000, the council passed Resolution 00-0472, which resolution denied the request of Summit Management for an amendment to a community unit plan, and set forth findings that formed a basis for that action, the denial taking effect July 10, 2000;

(b) That the city council verifies that the findings stated in the Resolution 00-0472, and its statement of purpose are bases for its decision;

(c) That the citizens of the city, after much public debate, perceived the passage of Resolution 76-546 to preserve for all time that the only development on the subject property would be no more than 159 apartment units located on Lots 1 through 3 of Block 2, and subject to other conditions set out in 1976; that the requested amendment changed the type, location and number of housing units and vacated a street easement; this amendment is a large change in use which violates the public reliance upon the conditions adopted in 1976;

(d) That the introduction of 350 students living in the area will result in overuse and damage to Chester park, will require a large parking lot which produces storm water problems, will increase traffic at the entry to Kenwood Avenue and the already overburdened intersection of Kenwood Avenue and Skyline Boulevard;

(e) That the findings and recommendation of the planning commission are adopted by the city;

(f) That many residents of the area proposed for development appeared before the council in opposition, and the developer appeared before the council in favor and to explain his project; all interested parties had notice and an opportunity to be heard;

(g) That the record in this matter is this resolution, Resolution 00-0472, and its attachments and statement of purpose, the planning commission file and meeting minutes, and the planning department files 00062 and 00063.


STATEMENT OF PURPOSE: This resolution verifies the previous denial of a requested amendment to a special use, explains findings previously made, specifies the record, memorializes due process was followed, and makes findings based on the personal appearances at the previous city council meeting.