01-0715R

RESOLUTION DENYING A CONCURRENT USE PERMIT TO CARLA BLUMBERG FOR A DECK IN THE RIGHT-OF-WAY OF 19TH AVENUE EAST ADJACENT TO 1902 EAST EIGHTH STREET.

BY COUNCILOR STENBERG:

        WHEREAS, Carla Blumberg has submitted to the city council, a request for a concurrent use permit on the east ten feet of the 19th Avenue East right-of-way, described as the easterly ten feet of 19th Avenue East adjacent to Lot One, Block 25, Highland Park Addition to Duluth and adjacent to 1902 East Eighth Street, 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 of denial to the city council; and

        WHEREAS, the recommendation of denial was made because of the city planning commission's findings that appropriate safeguards do not exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood if conditions are observed.

        NOW, THEREFORE, BE IT RESOLVED, that a concurrent use permit request is hereby denied to Carla Blumberg to allow for the construction of decks on the public street easement of 19th Avenue East for the following reason: The applicant was unable to provide specific information on the intended private use of the public easement. She did state that she intends to operate a business at the location and had not secured any tenants. Without more specific information, the council is unable to determine the following:
        (a)         Extent to which such use would conflict or interfere with the public use of that portion of the easement physically being used or occupied by the public;
        (b)     Whether the use would conflict with existing utilities;
        (c)     How the outdoor use would affect the quiet enjoyment of the surrounding neighborhood.



STATEMENT OF PURPOSE: This resolution denied a concurrent use permit to Carla Blumberg for the avenue easement adjacent to 1902 East Eighth Street.

The planning commission recommended this resolution by a vote of nine to one at its September 11, 2001, meeting. The planning commission is recommending denial of the request for a concurrent use permit, on the grounds and reasons expressed by the commission during their deliberations: The applicant was unable to provide specific information on the intended private use of the public easement. She did advise the commission that she did not intend to operate a business at the location and had not secured any tenants. Without more specific information, the commission is unable to determine the following:
        1.     Extent to which such use would conflict or interfere with the public use of that portion of the easement physically being used or occupied by the public.
        2.     Whether the use would conflict with existing utilities.
        3.     How the outdoor use would affect the quiet enjoyment of the surrounding neighborhood.

Application received: August 2, 2001
Action deadline: November 31, 2001