00-0739R

RESOLUTION AFFIRMING THE DECISION OF THE BUILDING APPEAL BOARD TO DENY AN APPEAL TO ALLOW A FURTHER EXTENSION OF TIME ON A GARAGE DEMOLITION ORDER TO THE END OF SUMMER 1999 TO COMPLETELY RENOVATE THE GARAGE, INCLUDING A NEW FOUNDATION, TO HOUSE VEHICLES, AT 23 EAST SEVENTH STREET, DULUTH, MINNESOTA.

BY COUNCILOR STENBERG:

WHEREAS, the building appeal board found that there is no evidence to justify any conclusion other than that the property is structurally substandard, Mr. Kale has had adequate time for renovation, that the demolition order is valid, and to uphold the decision of the building official; and

WHEREAS, Edward Kale has appealed to the city council the decision of the building appeal board to deny his request for an extension until the end of the summer of 1999 to allow more time on a demolition order for a garage owned by him at 23 East Seventh Street, to completely renovate the garage, including a new foundation; and

WHEREAS, the city council adopts the building appeal board's findings and independently makes the same findings; and

WHEREAS, the city council, in additional, finds that Mr. Kale requested an extension until the end of the summer of 1999 in his appeal to the building appeal board and has had an additional year beyond the extension requested in the appeal; and

WHEREAS, Mr. Kale has failed to submit plans, obtain permits or perform any work to comply with the order as of the end of the summer of 2000; and

WHEREAS, the city council reaches the conclusion that Mr. Kale has had adequate time for renovation, that the demolition order is valid, and to uphold the decision of the building official.

NOW, THEREFORE, BE IT RESOLVED, by the city of Duluth that the building appeal board's decision of March 10, 1999, is hereby affirmed by the city council and the appeal is denied, and the record in this matter consists of the city file, the materials presented by the owner and the city council proceedings.


STATEMENT OF PURPOSE:  This resolution affirms the decision of the building appeal board for an appeal of City Code, Chapter 10, Article II, Section 10-3, for property located at 23 East Seventh Street. The applicant requested the condemnation for demolition order be stayed and a further extension of time allowed for complete renovation of the garage at the above listed address.