00-0726R

RESOLUTION ALLOWING A PERIOD OF TIME TO DEVELOP A PLAN FOR COMPLETE RENOVATION AT 222-224 WEST THIRD STREET, DULUTH, MINNESOTA.

BY PRESIDENT GILBERT:

WHEREAS, Mary Anderson has appealed to the city council the decision of the building appeal board to deny their request to allow the lifting of the condemnation for demolition order and allow further time to develop a complete plan for renovation of the structure at 226 West Third Street; and

WHEREAS, the city council has timely commenced the hearing of this appeal and determined that, without setting the demolition aside, it can continue the time before it makes its findings and conclusions and allow the appellants to add to the record and comply with law under the following conditions:

(a) Appellants shall post not later than {December 1, 2000} a {$40,000} demolition bond and a license for the city or its agents to enter the property to demolish the building if either deadline for submitting plans or the agreed upon construction schedule is not met;

(b) Appellants shall post not later than {December 1, 2000} a {$150,000} construction bond and a license to enter the property to complete the project if the agreed upon construction schedule is not met and completing the building is preferable to demolishing it;

(c) The owner shall designate and maintain an architect or engineer of record in accordance with section 106.3.4.1 of the Minnesota State Building Code;

(d) That said architect or engineer of record provide preliminary plans, specifications and a construction schedule for correcting all violations listed in the inspection report dated October 5, 1999, and in addition to those corrections any other deficiencies identified by the architect or engineer of record when examining the structure and preparing said plans and specifications, to be reviewed with the city of Duluth building official not later than {January 31, 2001};

(e) That said architect or engineer of record provide final construction plans, specifications and construction schedule so as to have them reviewed and approved by the city of Duluth building official not later than {March 30, 2001};

(f) That permits for said work are obtained and work started not later than {April 13, 2001};

(g) That said construction schedule identify specific phases and completion dates that will become part of the order to repair, which upon failure to meet said completion dates, the city will have the authority to exercise either the demolition bond and license or the construction bond and license at its discretion.

NOW, THEREFORE, BE IT RESOLVED, by the city of Duluth that the appellants-owners may agree to continue the deliberations in this matter by giving written notice to the building official, within ten days, of the acceptance of the above stated terms and conditions.

STATEMENT OF PURPOSE:  This resolution allows a period of time for development of a plan for complete renovation for property located at 226 West Third Street without setting the demolition order aside. The applicant requested the condemnation for demolition order be lifted and a further extension of time to develop a plan for complete renovation of the structure.