05-0079R


RESOLUTION GRANTING AN INTERIM SPECIAL USE PERMIT TO RICHARD AND MARCELLA HARTEAU TO OPERATE A TEMPORARY SEASONAL GREENHOUSE AT 1219 NORTH 57TH AVENUE WEST.

BY COUNCILOR GILBERT:

     WHEREAS, Richard and Marcella Harteau, 1219 North 57th Avenue West, have submitted to the city council a request for an interim special use permit to operate a temporary seasonal greenhouse on property legally described as Lots 1 and 2, Block 26, West Duluth Sixth Division; and

     WHEREAS, said permit application was duly referred to the city planning commission for a study, report and public hearing, and the city planning commission has subsequently reported its recommendation of conditional approval to the city council; and

     WHEREAS, the city council finds that the conditions contained in this resolution address the shortcomings identified by the city planning commission's findings of inadequacies in the submitted documents and that with the conditions contained herein, appropriate safeguards will exist to protect the comprehensive plan and to conserve and protect property values in the neighborhood if said conditions are observed (reference Planning Commission File No. 04139);

     NOW, THEREFORE, BE IT RESOLVED, that an interim special use permit as authorized by MSA 462.3997 is hereby granted to Richard and Marcella Harteau, 1219 North 57th Avenue West, to operate a temporary seasonal greenhouse in accordance with Chapter 50, Article 4, of the City Code, subject to the following conditions:

     (a)  Daily operation is limited to the following hours:

           (1)  Monday through Saturday 9:00 a.m. to 7:00 p.m.;

           (2)  Sunday 11:00 a.m. to 7:00 p.m.;

     (b)  Months of operation are limited to May, June and July 2005;

     (c)  Signs are to be removed at the end of the hours of operation daily;

     (d)  Parking is provided off street;

     (e)  Initial permission is given for months of May, June and July 2005, with review by the planning commission after the close of the season to consider same months in 2006 (if requested by the applicant);

     (f)   No authorization is granted or implied to operate after July 2005;

     (g)  Other permits and regulation must be secured prior to operation of the greenhouse;

     (h)  The applicant agrees to the term as established by this interim special use permit.


STATEMENT OF PURPOSE:  The resolution grants an interim special use permit to the Harteaus to operate Marcella’s Greenhouse, 1219 North 57th Avenue West, as a temporary seasonal greenhouse, subject to the following conditions:

     (a)  Daily operation is limited to the following hours:

          (1)  Monday through Saturday 9:00 a.m. to 7:00 p.m.

          (2)  Sunday 11:00 a.m. to 7:00 p.m.

     (b)  Months of operation are limited to May, June, and July 2005.

     (c)  Signs are to be removed at the end of the hours of operation daily.

     (d)  Parking is provided off street.

     (e)  Initial permission is given for months of May, June, and July 2005, with review by the planning commission after the close of the season to consider same months in 2006 (if requested by the applicant).

     (f)  No authorization is granted or implied to operate after July 2005.

     (g)  Other permits and regulation must be secured prior to operation of the greenhouse.

     (h)  The applicant agrees to the term as established by this interim special use permit.


On January 11, 2005, the Planning Commission recommended conditional approval of the special use permit request. Then, on January 26, 2005, the Commission revised its previous motion, and recommended approval of an interim special use permit.


This resolution, if approved, should have no impact on the city's tax base.


Date Filed: November 22, 2004

Action Deadline: March 21, 2005

 

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