04-0646R


RESOLUTION GRANTING A SPECIAL USE PERMIT TO JAMES KING, SR., FOR SEASONAL CAMPSITES AT SPIRIT LAKE MARINE, INC., LOCATED AT 121 SPRING STREET IN RIVERSIDE (SPIRIT LAKE MARINE, INC.).

BY COUNCILOR GILBERT:

     WHEREAS,James King, Sr., Spirit Lake Marine, Inc., has submitted to the city council a request for a special use permit for seasonal campsites at marina on property described as:

           A parcel of land located in Government Lot Two (2), Section Twenty-six (26), and Government Lot Three (3), Section Twenty-three (23), Township Forty-Nine (49) North of Range Fifteen (15) West of the Fourth Principal Meridian, located in St. Louis County, Minnesota, and in Douglas County, Wisconsin, and described as follows, to wit:

                 Commencing at a point in said Government Lot Three (3) where the established U.S. Government Harbor Line intersects the boundary line of the States of Minnesota and Wisconsin; thence Southwesterly along said established Harbor Line 89.30 feet to the extended north boundary line of Rearrangement of Lenroot’s Addition to Ironton, which point is the place of beginning: thence North 57o 16' 14" West a distance of 44.28 feet to the boundary line between the States of Minnesota and Wisconsin as determined and marked by a survey made by a boundary commission appointed by the United States Supreme Court in Minnesota v. Wisconsin, 258 U.S. 149, a map of which survey is on file in the office of the clerk of said Court; thence continuing North 57o 16' 4" West a distance of 617.47 feet to a point; thence North 32o 43' 56" East a distance of 70 feet to a point; thence North 57o 2' 44" West 152 feet to a point; thence South 32o 57' 16" West a distance of 239.41 feet to a point; thence South 57o 2' 44" east a distance of 120 feet to a point; thence South 32o 57' 16" West a distance of 270 feet to a point; thence North 57o 2' 44" West a distance of 140 feet to a point; thence South 32o 57' 16" West a distance of 214 feet to a point; thence South 57o 2' 44" East to the established U.S. Government Harbor Line; thence Northeasterly along said Harbor Line to the point of beginning.

     EXCEPTING THEREFROM a parcel of land described as follows, to wit:

           Commencing at a point in said Government Lot Three (3) where the established U.S. Government Harbor Line intersects the boundary line of the States of Minnesota and Wisconsin; thence Southwesterly along said established Harbor Line 89.30 feet to the extended north boundary line of Lenroot’s Addition; thence continuing Southwesterly along said established Harbor Line 400 feet more or less to a point which is 122 feet Northeasterly of the extended Southwesterly pier facing the Southwesterly most pier of Spirit Lake Marine, Inc., which point is the point of beginning; thence Northwesterly on a line perpendicular to the said established Harbor Line 350 feet to a point of said pier; thence Southwesterly on a line parallel with said established Harbor Line 122 feet, more or less, to the point where said pier and the waters of the St. Louis River meet; thence Southeasterly along the Southwesterly edge of said pier to the said established Harbor Line; thence Northeasterly along said established Harbor Line to the point of beginning. Including all riparian rights incident thereto.

                     Together with and subject to easements for ingress and egress to, from and across said parcel of property as follows:

Easement A:

                 A joint driveway easement 24 feet in width and more particularly shown as Parcel A upon the attached Exhibits C and D which are made a part hereof by reference. Spirit Lake Marine, Inc., its successors and assigns, agrees that the obligation and cost of repair and maintenance of said joint driveway easement shall be shared equally with the owner of the adjoining premises which shares said joint driveway easement. Failure of any party to promptly pay for its share of any expense incurred in accordance with this Agreement shall result in such share becoming a lien on said party’s property, and the party who has paid for such expenses shall be entitled to enforce the same in any court of competent jurisdiction. Said joint driveway easement shall run with the land and shall be binding upon the successors and assigns of the parties hereto. The easement shall be used only for moving traffic and vehicles, and shall not be used to park vehicles or store property; and located at 121 Spring Street; and said permit application was duly referred to the city planning commission for a study, report and public hearing on September 14, 2004, and the city planning commission has subsequently reported its approval to the city council; and

     WHEREAS, the approval was made because of the city planning commission's findings that appropriate safeguards will exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood if conditions are observed (Reference File No. 04091).

     NOW, THEREFORE, BE IT RESOLVED, that a special use permit is hereby granted to James King, Sr., Spirit Lake Marine, Inc., to allow for the operation of seasonal campsites, in accordance with Section 50-35 (bb) of the City Code, at Spirit Lake Marina, 121 Spring Street, on the condition that the sites be located in accordance with the plan submitted by Spirit Lake Marine, Inc., dated received September 8, 2004, and as identified as Public Document No. ________ and the following conditions:

     (a)  That the facility secure and maintain all licensing requirements of St. Louis County and the state of Minnesota, in accordance with Minnesota Statutes Sec. 327.15, with copies filed with the city of Duluth building safety and inspection division; and

     (b)  The term of this permit is as set out in MSA 462.3595.


STATEMENT OF PURPOSE:  This resolution should have no effect on the tax base. This resolution grants a special use permit to James King, Sr., Spirit Lake Marine, Inc., to allow for the operation of 24 seasonal campsites at Spirit Lake Marina, 121 Spring Street. This permits is subject to the condition that the sites be located as per the plan submitted by Spirit Lake Marine, Inc. and the following conditions:

     1.)  That the facility secure and maintain all licensing requirements of St. Louis County and the State of Minnesota, in accordance with M.S.A. 327.15, with copies filed with the City of Duluth Building Safety and Inspection Division; and

     2.)  The term of this permit to run for 5 years (2009) at which time renewal may be requested.


The planning commission unanimously approved this resolution at its September 14, 2004, meeting.


Date Filed: August 6, 2004

Action Deadline: October 4, 2004