05-0318R


RESOLUTION REVERSING A DECISION OF THE BOARD OF ZONING APPEALS TO APPROVE THE REDUCTION OF THE TOTAL NUMBER OF PARKING SPACES REQUIRED FROM 79 TO 41 FOR THE REMODELING OF THE VACANT SECOND AND THIRD FLOORS INTO 24 DWELLING UNITS ON PROPERTY LOCATED AT 2803 WEST SUPERIOR STREET.

BY COUNCILOR GILBERT:

     WHEREAS, WB Ibiza, LLC, owns property located at 2803 West Superior Street and legally described as Lots 17 through 21, Block 19, Marine Division; and

     WHEREAS, WB Ibiza, LLC, is planning to remodel the vacant second and third floors of the building located on said property to accommodate 24 dwelling units and continue the existing commercial use on the ground floor; and

     WHEREAS, pursuant to city code the proposed remodeling would require the provision of a minimum of 79 parking spaces; and

     WHEREAS, WB Ibiza, LLC, applied to the board of zoning appeals for a variance to reduce the minimum parking space requirement from 79 to 41; and

     WHEREAS, the board of zoning appeals considered this matter and determined that imposing the full regulations of the Code would result in a hardship for any use of the second and third floors of this existing building and granted the variance to reduce the required parking from 79 to 41 spaces; and

     WHEREAS, Daniel Good, Christine Good, Samuel D. Good, Peggy Himebaugh, Steven Veit of North West Plow and Auto and Colin Hayes, president of the Teamsters Local 346 have appealed the aforesaid decision to the Duluth City Council; and

     WHEREAS, the city council has considered this appeal and hereby makes the following determinations pursuant to Section 50-47(c)(6)of the Code:

     (a)  That upon appeal the board is empowered to permit the following exception, regardless of the limitations established by 50-47(b):

                 To vary the parking and loading regulations of Chapter 50 whenever the character or use of a building is such as to make unnecessary the full provision of parking or loading facilities or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or convenience;

     (b)  The proposed combination of commercial and residential uses of the property would cause the greatest parking demand to occur at the same time and requires the provision of sufficient parking to satisfy the competing demands of the commercial and residential uses to avoid unauthorized overflow into other nearby privately owned parking lots;

     (c)  It is the conclusion of the city council that the proposed character or use of the building does not justify the reduction of the full provision of the parking requirements and that imposing such regulations would not result in an unreasonable hardship upon the use of the lot and is merely an advantage or convenience to the applicant;

     NOW, THEREFORE, BE IT RESOLVED, that the city council of Duluth reverses the board of zoning appeals’ decision of April 26, 2005.


STATEMENT OF PURPOSE:  This resolution reverses the decision of the board of zoning appeals to reduce the minimum parking space requirement from 79 to 41 requested by the applicant as part of a planned remodeling of the vacant second and third floors into 24 dwelling units on property located at 2803 West Superior Street.

 

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