01-0818R

RESOLUTION DENYING A CONCURRENT USE PERMIT TO A AND L DEVELOPMENT, INC., PIZZA LUCÉ, DULUTH TECHNOLOGY VILLAGE, 11 EAST SUPERIOR STREET, FOR AWNINGS INTO AND OVER THE EASEMENT FOR THE RIGHT-OF-WAY OF EAST SUPERIOR STREET.

BY COUNCILOR STENBERG:

        WHEREAS, A & L Development, Inc., Pizza Lucé, Duluth Technology Village, has submitted to the city council a request for a concurrent use permit for two awnings to project four feet over the sidewalk at 11 East Superior Street, described as the west 1/2 of south 100 feet of Lot 1, East Superior Street, Duluth Proper First Division; southerly 99 feet of east 1/2 of Lot 1 and southerly 99 feet of Lot 2, East Superior Street; west 1/2 of Lot 5, East Superior Street, Duluth Proper First; 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 A and L Development, Inc., Pizza Lucé, Duluth Technology Village, to allow for the construction awning over the public street easement of East Superior Street for the following reasons:
        (a)     The awning will alter the symmetrical architecture of the Superior Street facade;
        (b)     On a seasonal basis, the awnings will create a sidewalk maintenance and safety issue, i.e. ice on the drip line of the awning;
        (c)     This building is in a historic district as defined by the district court. The building was designed to reflect the historic character of the site and the former buildings and retractable awnings would be more in keeping with the historic character of the Old Downtown "District" and the architecture of the building.



STATEMENT OF PURPOSE:  This resolution denies a concurrent use permit to A and L Development, Inc., Pizza Lucé, Duluth Technology Village, their successors and interests, referred to herein as the permittee, to occupy, erect, and maintain fixed awnings in that part of East Superior Street adjacent to 11 East Superior Street.

The planning commission recommended this resolution, by a vote of eight to one, at its October 24, 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:
        (a)     The awning will alter the symmetrical architecture of the Superior Street facade;
        (b)     On a seasonal basis, the awnings will create a sidewalk maintenance and safety issue, i.e. ice on the drip line of the awning;
        (c)     This building is in an historic district, as defined by the district court. The building was designed to reflect the historic character of the site and the former buildings and retractable awnings would be more in keeping with the historic character of the Old Downtown "District" and the architecture of the building.

Date Filed: September 21, 2001
Action Deadline: January 18, 2002