04-003-O

ORDINANCE NO. __________

AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 29 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-2, TWO FAMILY RESIDENTIAL, TO R-3, APARTMENT RESIDENTIAL, PROPERTY LOCATED NORTHWEST OF MESABA AVENUE BETWEEN SECOND AVENUE WEST AND WEST CASCADE STREET (FINNIGAN).

BY COUNCILOR JOHNSON:

The city of Duluth does ordain:

Section 1. That Plate No. 29 of the zoning district map as contained in the Appendix to Chapter 50 of the Duluth City Code, 1959, as amended, is amended to read as follows:

(MAP)
(Reference File No. 03135)

Section 2. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.


STATEMENT OF PURPOSE:  This zoning ordinance amendment provides a zoning change, from R-2, Two Family Residential, to R-3, Apartment Residential, for property located northwest of Mesaba Avenue between Second Avenue West and West Cascade Street.

The intent of the rezoning is to facilitate the development of a four to eight unit condominium structure with basement parking.

The Duluth city planning commission recommended, by a 6-5 vote, denial of this zoning change following a public hearing held December 9, 2003. In making their recommendation, the commission cited the following findings:
(a) There is a lack of controls for and the potential use of excessive building heights;
(b) The commission finds this to be a case of spot zoning by jumping Mesaba Avenue;

(c) The current site has the potential for the construction of four dwelling units which is an adequate use of the land.

The department of planning and development had recommended approving the zoning change, citing that the request is a logical expansion of the existing R-3 District.

Note: At this drafting, it is anticipated that the council will receive companion ordinances related to the sale of a city lot, to be included in this rezoning, with a development agreement which provides for plan-specific development of the property, and a vacation resolution related to the west half of "West Cascade," which is requested to facilitate the desired development.

Date Application Received: October 21, 2003
Action Deadline: February 18, 2004