04-055-O

ORDINANCE NO. __________


AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAPS NO. 35 AND NO. 38 AS CONTAINED IN THE APPENDIX TO CHAPTER 50,TO PROVIDE FOR THE RECLASSIFICATION FROM R-3 APARTMENT RESIDENTIAL TO R-4, APARTMENT RESIDENTIAL, PROPERTY BOUNDED BY EAST THIRD STREET, EAST FOURTH STREET, 17TH AVENUE EAST AND 18TH AVENUE EAST (DANIEL KING, ET AL.).

BY COUNCILOR GILBERT:

The city of Duluth does ordain:

     Section 1. That Plates No. 35 and No. 38 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:

(MAPS)

(Reference File No. 04084)

     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 R-4, Apartment Residential, Lots 1 through 16, Block 77, Endion Division, bounded by East 3rd Street, East 4th Street, 17th Avenue East, and 18th Avenue East. This ordinance should not affect the tax base.


The purpose of the rezoning is to allow the existing structures - Hillcrest/Lakeview Apartments, the Stratford Building (both built in 1922), and the Garden Apartments - to comply with R-4 zoning density requirements. This change will resolve outstanding insurance coverage and rebuilding issues.


The Duluth City Planning Commission unanimously approved this zoning change following a public hearing held August 25, 2004. The Commissioners based their recommendation on the following findings:

 

     1.)  Hillcrest/Lakeview Apartments (80 housing units)are currently on a 60,000 sq. ft. lot (400 ft. x 150 ft.). Under R-3 zoning, 1,500 sq. ft. of land is required per family dwelling; whereby, 120,000 sq. ft. would be required. Under R-4 zoning, only 500 sq. ft. of land is required per family dwelling; whereby only 40,000 sq. ft. would be required. Since they are on a 60,000 sq. ft. lot, the zoning change would make them compliant.

 

     2.)  The Stratford Building (24 housing units) is on a 15, 000 sq. ft. lot (100 ft. x 150 ft.). Under R-3 zoning, 36,000 Sq. ft. of land is required making them non-compliant. Under R-4 zoning, 12, 000 sq. ft. is required, which would make them compliant.

 

     3.)  The Garden Apartments (24 housing units) are currently on 45, 000 sq. ft.(300 ft.x 150 ft.), since the R-3 zone threshold is 36,000 sq. ft., they are in compliance with current zoning.

     4.)  The Hillcrest/Lakeview properties in particular do not meet the current density regulations for zone R-3 and in the case of a substantial fire loss, the owners would not be able to do a one-for-one replacement of the units under the current zoning of the property. This situation has caused a significant increase in the cost of insurance for the owners.

 

     5.)  The Hillcrest/Lakeview Apartments have recently been updated to code, are well maintained, are not likely to be torn down and replaced because it would likely be cost prohibitive.

 

     6.)  Although new structures with more than existing number of units could replace any of the apartment buildings on the block, the new ones would be required to meet setback requirements and additional off-street parking for R-4 zones.

 

     7.)  Owners of the currently non-compliant properties might be able to afford better maintenance and continued operation of these apartments, since insurance premium costs would be considerably less than under existing codes.

 

     8.)  The change could have a positive monetary impact on the future reuse and preservation of these historical buildings.

 

     9.)  Because of building set back standards, replacement buildings of even higher density would not likely result, since the height is regulated by the setbacks.



Date petition was certified: August 10, 2004

Action deadline: August 25, 2004