05-0011R


RESOLUTION DENYING A REZONING PETITION TO SHERMAN AND ASSOCIATES FOR PROPERTY LOCATED BELOW THE HORSESHOE BEND OF 40TH AVENUE WEST/HAINES ROAD ABOVE THE CANADIAN PACIFIC RAILROAD RIGHT-OF-WAY (SHERMAN AND ASSOCIATES).

BY COUNCILOR GILBERT:

     WHEREAS, Sherman and Associates has submitted to the city council a petition to rezone property described as the N1/2 of NW1/4, SE1/4, Section 6, T49, R14, except a strip of land 80 feet wide, transferred to Village of West Duluth, except roadway right-of-way, and said petition was duly referred to the city planning commission for a study, report and public hearing, and the city planning commission has subsequently reported its no recommendation to the city council; and

     WHEREAS, the planning commission conducted a public hearing and received information regarding the applicant on November 9, 2005. The petition was tabled and readdressed on December 14, 2004.

     NOW, THEREFORE, BE IT RESOLVED, that based upon the information and evidence on the record before it, the petition to rezone the subject properties to allow for a R-1-a, One Family Residential, zoning classification is denied based on the following findings:

     (a)  The site is physically separated from the traditional West Duluth neighborhood by the railroad;

     (b)  The site has physical limitations in terms of geology and topography as well as vehicular access issues for the potential density permitted by R-1-a zoning;

     (c)  The site is impacted by the railroad use;

     (d)  Development of this site would alter the strong edge provided by the railroad between the skyline corridor and the developed neighborhood;

     (e)  These issues make rezoning of this property to R-1-a inappropriate at this time.


STATEMENT OF PURPOSE:  This resolution will have no effect on the tax base. The resolution denies a rezoning petition from S, Suburban, to R-1-a, One Family Residential, for property located below the horseshoe bend of 40th Avenue West/Haines Road above the Canadian Pacific Railway right-of-way. The purpose of the rezoning is to facilitate the submittal of a special use permit for a townhouse development.


The Duluth city planning commission conducted a public hearing on this petition on November 9, 2004, and tabled action until December 14 to allow time for review and comment by Neighborhood District #2. Following additional public comment on December 14, 2004, and a failed motion (on a 5-6 vote) to deny the rezoning petition, the planning commission resolved (on a 10-1 vote) to submit this petition to the city council with no recommendation. The planning staff had recommended denial of the rezoning. The alternative, granting the request to rezone, is found in companion Ordinance 05-001.


Date petition certified: October 13, 2004

Action deadline: January 26, 2005

 

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