04-030-O

ORDINANCE NO. __________

AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 19 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE FAMILY RESIDENTIAL DISTRICT, TO C-2, HIGHWAY COMMERCIAL DISTRICT, PROPERTY LOCATED AT 2901 MORRIS THOMAS ROAD(BECHTHOLD).

BY COUNCILOR GILBERT:

The city of Duluth does ordain:

Section 1. That Plate No. 19 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. 04019)

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-1-b, One Family Residential, to C-2, Highway Commercial, for the former St. Louis County toolhouse property located at 2901 Morris Thomas Road.

The purpose of this rezoning is to make this property available for commercial use as a full service auto repair and restoration facility.

The Duluth city planning commission recommended, by a 6 - 4 vote, denial of this zoning change following a public hearing held April 28, 2004. The commissioners based their recommendation for denial on the following findings:
1.) There is no private "right" to the use of this property; a limited use was granted to St. Louis County for the public convenience.
2.) The C-2 Highway Commercial District is intended for those land uses that, in general, require larger parking lots and spaces to conduct business than typical commercial or retail uses. Typically, they are located near other similar commercial uses. There are no commercial uses in this immediate area.
3.) There is no relationship to historic or current land use planning efforts in this neighborhood.
4.) This is a spot zoning request. (See definition in the staff report.)

Date petition was certified: March 9, 2004
Action deadline: July 7, 2004