05-0175R


RESOLUTION DENYING 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 an interim special use permit request to operate a temporary seasonal greenhouse on property legally described as Lots 1 and 2, Block 26, West 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 planning commission unanimously recommended conditional approval of the special use permit on January 11, 2005; the commission considered this matter again on January 26, revised its previous motion based on staff recommendation and unanimously recommended conditional approval of an interim special use permit; and

     WHEREAS, the city council finds that the conditions contained in this resolution do not address the shortcomings identified by the city building official (reference Planning Commission File No. 04139).

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth denies the request for an interim special use permit based on the findings that the current proposal does not qualify for a building permit. This is based on the requirements listed below:

     (a)  An accessible unisex bathroom is required;

     (b)  The greenhouse must be located at least 13 feet from the existing detached accessory building;

     (c)  At least 16 feet of parking area must be devoted exclusively to accessible parking.


STATEMENT OF PURPOSE:  This resolution denies an interim special use permit to Richard and Marcella Harteau to operate a temporary seasonal greenhouse at 1219 North 57th Avenue West. This property is legally described as Lots 1 and 2, Block 26, West Duluth.


The Duluth planning commission considered this request on January 11, 2005, and unanimously recommended conditional approval for a special use permit. Then, the commission considered this request again on January 26, 2005, revised its previous motion, and unanimously recommended conditional approval for an interim special use permit.


The city building official had recommended the applicant resolve specific building code issues. In addition to the public hearings of January 11 and 25, city planning staff held a meeting on February 23 with the property owner to resolve issues raised by adjoining property owners and the city building official. The property owner cannot meet building code requirements for a restroom, that the greenhouse cannot meet setback requirements and there is not enough area for parking; therefore, the department of planning and development is requesting the application be denied.


The alternative to this resolution is Resolution 05-0079.


This resolution will have no impact on the city’s tax base.


Application received: November 22, 2004

Action deadline: March 21, 2005

 

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