04-068-O
REPLACEMENT

ORDINANCE NO. __________


AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 21 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION OF M-1, MANUFACTURING DISTRICT, TO R-3, APARTMENT RESIDENTIAL DISTRICT, PROPERTY BOUNDED BY FIRST STREET, 25TH AVENUE WEST AND SECOND STREET ALLEY (THARALDSON AND BERGH, ET AL.).

BY COUNCILOR GILBERT:

The city of Duluth does ordain:

     Section 1. That Plate No. 21 of the zoning district maps as contained in the Appendix to Chapter 50 of the Duluth City Code, 1959, as amended, is amended to read as follows:

(MAP)

(Reference No. 04103)

     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 change, from M-1, Manufacturing District to R-3, Apartment Residential District, Lots 397 and 399, Block 77, Duluth Proper First Division, bounded by First Street, 25th Avenue West and the Second Street Alley.


The purpose of the rezoning is to allow the existing structures - 2431 West First Street, 114 North Twenty-fifth Avenue West and 112 North Twenty-fifth Avenue West and associated outbuilding, comply with R-3 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 October 27, 2004. The Commissioners based their recommendation on the following findings:

 

     1.)  The homes were built before the previous rezoning and this action would allow property owners to finance or refinance their homes in the future.

 

     2.)  These are the only homes currently on this side of the block and they create a less obtrusive transition into the M-1 zoning than the avenue division provides.

 

     3.)  The lots border the R-3 zone to the north and west, so this would be an extension of the existing R-3 zoning, especially since the properties adjacent to the west, north, and south have similar residential characteristics.

 

     4.)  There were no objections from any interested parties or neighbors.

 

     5.)  The Lincoln Park neighborhood has been working with the City to improve housing conditions in this neighborhood, and the rezoning would eliminate some of the barriers for these homeowners to do so.

 

     6.)  The City and neighborhood are interested in increasing housing stock. If the property is not rezoned, and these homes burn down, or eventually become inhabitable, the current zoning would not allow them to be replaced.

 

     7.)  The character of the land provides a more suitable visual transition between the existing R-1 and M-1 zones than the current western M-1 zoning border.

 

     8.)  The City supports keeping housing in this area.


This ordinance will have little or no tax impact.

 

Date petition was received:  August 27, 2004

Date petition was certified: September 8, 2004

Date petition amended to include Lot 397: October 1, 2004

Date petition re-certified:  October 7, 2004

Action deadline: February 4, 2005