05-0096R


RESOLUTION AMENDING RESOLUTION 88-0198 AND GRANTING A CONDITIONAL SPECIAL USE PERMIT TO WESTERN LAKE SUPERIOR SANITARY DISTRICT, FOR THE CONSTRUCTION OF AN EMERGENCY ELECTRICAL GENERATOR FOR THE PUMP STATION LOCATED AT 505 SOUTH 18TH AVENUE EAST.

BY COUNCILOR GILBERT:

     WHEREAS, Western Lake Superior Sanitary District has submitted to the city council a request for a special use permit to construct an emergency electrical generator on property legally described as Lots 7 & 8, Block 12, Endion Division of Duluth; 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. 04142).

     NOW, THEREFORE, BE IT RESOLVED, that a special use permit is hereby granted to the Western Lake Superior Sanitary District for the construction of an emergency generator located at 505 South 18th Avenue East, on condition that the project be developed consistent with plans entitled “Project Description for Planning and Zoning Application, Endion Pump Station Generator Installation and Switching Upgrades” as submitted by Sebesta Blomberg and Associates, Inc., dated January 5, 2005, and identified as Public Document No. _____; and subject to the following terms and conditions:

     (a)  The project is to be limited to, constructed and maintained in accordance with submitted plans;

     (b)  Tree plantings are to include a minimum of at least five Black Hills spruces with a height of at least four feet with a one year guaranty at or from the time of planting as shown on the site plan;

     (c)  Other required permits are to be secured prior to construction;

     (d)  Substantial compliance with conditions (such as tree size) can be approved in writing by the director of the planning department. Changes in permit conditions (larger building) will need planning commission approval.


STATEMENT OF PURPOSE:  This resolution amends Special Use Resolution No. 88-0198 and grants a special use permit to Western Lake Superior Sanitary District for construction of an emergency power system to assure a continuous supply of electrical power.


The planning commission recommended unanimous approval of this resolution at its regular meeting on January 26, 2005. The commissioners based the recommendation on the following conditions:

     (a)  The project is to be limited to, constructed and maintained in accordance with submitted plans;

     (b)  Tree plantings are to include a minimum of at least five Black Hills spruces with a height of at least four feet with a one year guaranty at or from the time of planting as shown on the site plan;

     (c)  Other required permits are to be secured prior to construction;

     (d)  Substantial compliance with conditions (such as tree size) can be approved in writing by the director of the planning department. Changes in permit conditions (larger building) will need planning commission approval.


This resolution should have no impact on the tax base.


Date Application Received: December 21, 2004

Action Deadline: April 20, 2005

 

DISCLAIMER