00-0689R

RESOLUTION GRANTING A SPECIAL USE PERMIT TO LAKE SUPERIOR AND MISSISSIPPI RAILROAD FOR A PARKING LOT AND TRAIN STATION ON RAILROAD PROPERTY LOCATED AT FREMONT STREET AND GRAND AVENUE.

BY PRESIDENT GILBERT:

WHEREAS, the Lake Superior and Mississippi Railroad has submitted to the city council a request for a special use permit for a seasonal commercial and recreational use to provide a parking lot and train station on property described as: railroad property lying in Section 13, T 49 N, R15 W. Minnesota Meridian. The point of beginning is the south eastern corner of Lot 11, Block 11, Hunter and Markell's Grassy Point Division, according to the plat thereof on file with the register of deeds, St. Louis County, Minnesota. Beginning at the point of beginning, thence: southwesterly on and along the southeasterly line of Block 11, Hunter and Markell's Grassy Point Division, a distance of approximately 450 feet to the southwesterly corner of Lot 9, Block 12, Hunter and Markell's Grassy Point Division, thence; turning 90 degrees easterly from the southeasterly line of said Block 12, a distance of 100 feet, thence: turning 90 degrees northerly and following a line parallel to and 100 feet distant from the southeasterly line of Blocks 11 and 12, Hunter and Markell's Grassy Point Division, a distance of approximately 450 feet to a point; said point being 100 feet westerly of the point of beginning, thence: turning 90 degrees northwesterly a distance of 100 feet to the point of beginning. The above described property is subject to pedestrian and utility easements; and located at Fremont Street 150 feet east of Grand Avenue; and said permit application was duly referred to the city planning commission for a study, report and public hearing, and the city planning commission has subsequently reported its approval to the city council; and

WHEREAS, the approval was made because of the city planning commission's findings that appropriate safeguards will exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood if conditions are observed.

NOW, THEREFORE, BE IT RESOLVED, that the city council adopts the staff and planning commission's findings contained in the file and based thereon, and a special use permit is hereby granted to the Lake Superior and Mississippi Railroad for a seasonal commercial and recreational use in accordance with Section 50-32(i), DCC, to allow for the construction and operation of a parking lot and train station at Fremont Street, 150 feet east of Grand Avenue, on the condition that the property be improved and maintained in accordance with the plans submitted by the Lake Superior and Mississippi Railroad as identified as Public Document No. ________ and on the condition that the permit is for a period of ten years from the date of this resolution, at which time renewal may be requested.


STATEMENT OF PURPOSE:  This resolution grants a special use permit to the Lake Superior and Mississippi Railroad. The permit is for a seasonal commercial and recreation use, on a 450' by 100' strip of railroad property (being donated by the BNSF RR), to construct a parking area and a 20' x 24' x 14' high, train station for the seasonal operation (May-October) of the railroad. The LS & M RR is a tax exempt, nonprofit corporation which operates for tourist excursions. The railroad presently operates from the (rented) parking lot of the Tap A Keg Inn near the Zoo in West Duluth to the Boy Scout Landing in Gary-New Duluth along the St. Louis River.

The planning commission approved this resolution at its September 27, 2000, meeting.