05-002-O

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 FROM M-1, MANUFACTURING, TO C-2, HIGHWAY COMMERCIAL, PROPERTY BOUNDED BY SUPERIOR STREET AND 28TH AVENUE WEST AND FIRST STREET ALLEY (JACKSON AND LANTHIER).

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 Planning Commission File No. 04133)

     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 ordinance will have no impact on the tax base. This zoning ordinance amendment provides a zoning change from M-1, Manufacturing, to C-2, Highway Commercial, Lots 17, 18, 19, 20, and 21, Marine Division, bounded by Superior Street and 28th Avenue West and First Street Alley.


The purpose of the rezoning is to allow the existing structure - 2803 West Superior Street, to comply with C-2 zoning requirements. This change will resolve issues with insurance coverage and the second and third floor building rehabilitation for apartments.


The Duluth city planning commission unanimously approved this zoning change following a public hearing held December 14, 2004. The commissioners based their recommendations on the following findings:

 1.   The building was built before the rezoning of the property in 1958 at which time the Interstate Highway I-35 was not a consideration.

 2.   This action would allow the property owner to obtain financing to rehabilitate the apartments on the second and third floors of his building, which has a history of being used as apartments.

 3.   The property across 28th Avenue West to the east is also zoned C-3; so, this zoning would be of the same nature.


Date petition was certified: November 30, 2004

Date planning commission approved petition: December 14, 2004

Action deadline: March 29, 2004

 

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