BY COUNCILOR STENBERG:01-0221R
RESOLUTION REVERSING A DECISION OF THE BOARD OF ZONING APPEALS TO APPROVE THE CONSTRUCTION OF A 9,000 SQUARE FOOT 2-STORY RETAIL AND OFFICE BUILDING WITH 67 PARKING SPACES BY EXTENDING A BUILDING 50' INTO MORE RESTRICTIVE DISTRICT; TO EXTEND A PARKING LOT INTO A RESIDENTIAL DISTRICT, INCLUDING 3 SPACES ON THE REAR OF LOT OF 613-15 E. 5TH ST. AND TO ALLOW A PARKING LOT TO BE LOCATED ACROSS A PLATTED ALLEY FROM THE PRINCIPAL BUILDING, AS PER PLANS SUBMITTED BY THE APPLICANT, AND SUBJECT TO SPECIFIED CONDITIONS.
WHEREAS, Reasor Properties applied to the board of zoning appeals for a variance to construct a 9,000 square foot 2-story retail and office building with 67 parking spaces, by extending the proposed building 50' into a more restrictive district, extending the parking lot into a residential district and relaxing the requirements for parking spaces to be located on the same lot as the building being served on property located at 520 N. 6th Ave. E., and legally described as Lots 97, 99 and 101, Duluth Proper 1st Division East 5th Street, Lots 98, 100 and 102, Duluth Proper 1st Division East 6th Street, and Lots 14 & 15, Block 1, Norton's Division;
WHEREAS, the board of zoning appeals granted the variance to extend a building 50' into more restrictive district; to extend a parking lot into a residential district, including 3 spaces on the rear of lot of 613-15 E. 5th St. and to allow a parking lot to be located across a platted alley from the principal building, as per plans submitted by the applicant, with the following conditions:
1. That a landscaping/fencing plan which provides a buffer between the residential properties and the subject property be submitted by the applicant and approved by the city
2. An agreement to prevent severing any portion of the property from the remainder be filed with St. Louis County Recorder
3. An easement for three parking spaces on Lot 103 be filed with St. Louis County Recorder;
WHEREAS, Jim Soderberg, Executive Director of CHUM and John W. Hawley, Executive Director of Habitat for Humanity have appealed the aforesaid decision to the Duluth City Council;
WHEREAS, the city council has considered this appeal and hereby makes the following determinations pursuant to Sections 50-47 (b) and (c ) of the Code:
1. That the extension of the proposed building into the more restrictive adjacent district (being an R3 district) should not be permitted and the aforesaid conditions for making such extension will not safeguard the character of the adjacent R3 district.
2. That the extension of the proposed parking lot for the development into the more restrictive adjacent district (being an R3 district) should not be permitted because the aforesaid conditions for making such extension will not safeguard the character of the adjacent R3 district.
3. That the development of a low density commercial buffer between the residential area to the east of the subject property and the high traffic corridor of 6th Avenue East fronting on the property is not beneficial to the neighborhood.
4. That the building design with one story off East 6th Avenue East and one story off the alley level is not a beneficial design to the neighborhood.
5. That the existence of a substantial change in elevation between 5th and 6th Streets, when taken in combination with the existence of the developed alley right-or-way dividing the upper and lower lots and the traffic density and commercial development along 6th Avenue East, do not result in exceptional topographical conditions unique to the property in question such that the strict application of the Code provisions requiring that parking for the proposed development occur on the same parcel would not result in undue hardship to the owner thereof and that:
a. The aforesaid conditions, in combination, apply equally to other land or buildings in the area.
b. That, because of the aforesaid topographical factors, granting of the variance for parking is not necessary to preserve a substantial property right of the owner of the property.
c. That, given the topography of the property in questions and the developed nature of the 6th Avenue East corridor adjacent thereto, the granting of the variance will impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets or increase the danger of fire or imperil the public safety or unreasonably diminish or impair established property values within the surrounding areas or in any other respect impair the health, safety, comfort, morals or general welfare of the inhabitants of the city.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Duluth reverses
the board of zoning appeals' decision of February 27, 2001.