04-010-O

ORDINANCE NO. __________

AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO.38 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-3, APARTMENT RESIDENTIAL, TO C-2, HIGHWAY COMMERCIAL, PROPERTY LOCATED AT THE NORTHWEST CORNER OF 13TH AVENUE EAST AND EAST FOURTH STREET (CROTTY).

BY COUNCILOR GILBERT:

The city of Duluth does ordain:

Section 1.That Plate No. 38 of the zoning district map as contained in the Appendix to Chapter 50 of the Duluth City Code, 1959, is amended to read as follows:

(MAP)

(Reference File No. 03146)

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-3, Apartment Residential, to C-2, Highway Commercial, for the existing Shanty Bottle Shop property at 1231 East Fourth Street.

On September 26, 1994, this property was rezoned from C-2, Highway Commercial, to R-3, Apartment Residential, as part of Ordinance 9414 which rezoned several areas of the Central and East Hillside neighborhoods to implement the Medical Center and Medical Center Link zones.

The Duluth city planning commission approved this zoning change following a public hearing held February 10, 2004.

In approving the zoning change the commission made the following findings of fact in support of the change:
1. Amending the zoning will make the affected property a "conforming" use.
2. This is an expansion of an existing C-2 commercial district and does allow R-3 residential uses which are consistent with the draft land use recommendations of Planning District #6.
3. This request is consistent with historic planning commission and city council rezoning actions in the East Fourth Street corridor.

Date Petition Validated: January 13, 2004
Action Deadline: May 8, 2004