01-0042R

RESOLUTION DENYING A SPECIAL USE PERMIT AMENDMENT REQUEST BY GEORGE HOVLAND FOR CONDOMINIUM/APARTMENT AND TOWNHOUSE UNITS ON BLOCK 2, LAKEVIEW DIVISION FIRST ADDITION.

BY COUNCILOR GILBERT:

        WHEREAS, the city council did, on November 1, 1975, approve Resolution No. 76-546 granting a community unit plan, subject to conditions, within Lots 1 through 3 of Block 2, Lakeview Division, First Addition, with Lot 4 of Block 2 being "limited to uses which are accessory to the apartment uses of lots one through three but shall not be commercial uses, it being understood that said prohibitions of commercial uses shall not prohibit recreational facilities if they do not contain liquor or other such commercial sales establishments. Any building on said Lot 4 shall be approved by the city council prior to construction"; and

        WHEREAS, George Hovland has submitted to the city council a request for an amendment to Resolution 76-546 to provide for:
                (a)    Replatting of Lots 1-4 and Outlots A & B, in Block 2, for the alteration of the cul-de-sac of "Lovers Lane"and expansion of affected lot areas;
                (b)    Increasing the allowable building heights to 661 feet (above Lake Superior) on Lot 3; 653 on Lot 2; and 634 on Lot 1, to accommodate up to six story buildings;
                (c)    Allow for six townhouse units on Lot 4;
                (d)    Eliminate the requirement for "a 300 foot long dense evergreen planting screen be provided in the area of 12th Avenue East";
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 recommendation for denial to the city council; and

        WHEREAS, the recommendation for denial was made because of the city planning commission's findings that the amendments did not provide safeguards to protect the adjacent city park or protect property values in the neighborhood.

        NOW, THEREFORE, BE IT RESOLVED, that the city council affirms the planning commission's recommendation and denies the requested amendment based on the following finding:  the requested height amendment does not respect the intent of Resolution 76-546 with regard to impact on the adjacent city park or protect property values in the neighborhood.


STATEMENT OF PURPOSE:  This resolution denies a special use permit amendment request by George Hovland for the conditions of a community unit plan special use permit issued November 1, 1975, as Resolution 76-546 (inserted below with requested amendments stricken and underlined). The 1975 plan allowed for the development of 159 apartment units to be built on Lots 1-3, Block 2, Lakeview Division First Addition. This amendment request would allow for the construction of 3-6 story condominium/apartment buildings on Lots 1, 2 and 3, Block 2 and 3-2 unit town homes on Lot 4, Block 2. Total number of units was to be reduced to 132. This amendment also sought to allow replating of Block 2 to provide for a realignment of Lovers Lane, reduction of the size of the cul-de-sac and amendments to the lot boundaries accordingly. Further was a request for elimination of the requirement to plant 30 evergreen trees in a 300 foot long strip of Chester Park along the rear of on lot on Denney Drive.

The planning commission adopted this negative resolution, by a vote of 5-3, at its January 9, 2001, citing the following finding: the change in height does not respect the intent of Resolution 76-546 with regard to impact on the adjacent city park or protect property values in the neighborhood;

This application was accepted on December 20, 2000. Deadline for action is April 18, 2001. However, the provisions of Ordinance No. 9436 (which provides for amendment of a community unit plan) expires on February 27, 2001.

The planning staff had recommended approval of amending Resolution 76-546 to read as follows:

        a.    The construction on this site is limited to Block 2, "Lakeview Division, 1st Addition" the project as delineated in the Preliminary Plat drawing described as Public Document No. 65580, it being understood that said document limit residential development to no more than 159 126 condominium and or apartment units, all being located within lots one through three of Block 2, and the existing four single-family dwelling lots located as shown in Block 1. Lot 4 of block 2 shall be limited to not more than six townhouse units or uses which are accessory to the apartment uses of lots one through three but shall not be commercial uses, it being understood that said prohibitions of commercial uses shall not prohibit recreational facilities if they do not contain liquor or other such commercial sales establishments. Any building on said Lot 4 other than 6 townhouse units shall be approved by the City Council prior to construction.

        b.    The height of the condominium or apartment structures shall be limited as follows:

                i.    No part of any building roof shall exceed 665' Duluth datum (+ roof access) on Lot 3, Block 2. the highest elevation of land, within the boundaries of said preliminary plat.

                ii.    Not withstanding i. Above, no part of any building roof on Lot 1, Block 2 shall exceed an elevation of 25 feet lower than the highest point of land within any part of the preliminary plat 640' Duluth datum (+ roof access).

                iii.   Not withstanding i. above, no part of any building roof on Lot 2, Block 2 shall exceed an elevation 10' lower than the highest point of land within said preliminary plat of 655' Duluth datum (+ roof access).

        c.    A 300 foot long dense evergreen planing screen be provided in the area of 12th Avenue East. Such planting screen shall consist of two rows of pine or spruce trees having a minimum height of six feet at time of planting, such rows being centered 20 feet apart with trees in each row no more than 15 feet apart. Such planting screen shall be installed prior to occupancy of any apartment unit within the property and shall be continuously maintained.

        d.   That prior to the issuance of any building permit for construction of said property the ownership of land described in Public Document No. 65580 the plat of "Lakeview Division, 1st Addition" as "Reserved for Public Chester Park" shall have been conveyed through proper instruments to the City of Duluth, such conveyance to be subject to continued public park use with a specific title restriction to prohibit through traffic across said park. Such restriction shall be so written as to not provide for reversion for non-compliance but to permit District Court action for enforcement.

        e.    That prior to the issuance of any building permit for construction on said property the Director of the City of Duluth Department of Planning and Development shall have certified in writing that the following has been accomplished:

                i.    That condition #d c above has been complied with.

                ii.    The City Planning Commission shall have reviewed and approved detailed elevation, site, landscaping, and road construction drawing to assure that the development character and limitations specified in this resolution and Public Document No. 65580 have been fulfilled. In addition to such drawing, certified survey information shall be submitted to assure compliance with the building height restriction of this special use permit.

                iii.   That a covenant running with the land has been filed with property title to this land assuring that the use of the land as delineated by and limited in this resolution will not be expanded in the future.

        Note: Public Document No. 65580 was copy of the Preliminary Plat of "Lakeview Division, 1st Addition"

        Re: Planning Commission File Nos. 1-75152, 00063 and 01003