00-0693R

RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS RELATED TO THE WESTGATE PROJECT AND DENYING THE ISSUANCE OF BUILDING PERMITS.

BY PRESIDENT GILBERT:

BE IT RESOLVED, that the city of Duluth makes the following findings:

(a) A citizen has began construction of a 28-unit residential development at 6615-6703 Westgate Boulevard, Duluth;

(b) The developer has a special use permit for site design;

(c) The proposed use is consistent with applicable zoning restrictions. The special use that required permitting is that the proposal was for seven small buildings on the site, some without frontage on the existing street, rather than one or two buildings with street frontage;

(d) The record in this matter consists of the planning department and planning commission File No. 00046, the materials presented to the city council, and this resolution;

(e) The interested parties have had adequate notice and made timely applications and appeals;

(f) The building official reviewed the site and applications and duly issued building permits for footings and foundations as set out in the file;

(g) The board of zoning appeals, after hearing, approved the granting of the building permits, by written ruling dated September 27, 2000;

(h) The city attorney opined upon what issues were within the jurisdiction of the board of zoning appeals;

(i) In issuing the building permits, the building official should have ____________________________.

The city council, based upon its findings and the record, makes the following conclusion:
(a) The staff findings and actions of the building official and board of zoning appeals are hereby reversed.

STATEMENT OF PURPOSE: This resolution reverses the findings and conclusions of the board of zoning appeals.