05-0444R


RESOLUTION DENYING AMENDMENTS TO THE CONDITIONS OF RESOLUTIONS 03-0426, 03-0462 AND 03-0463 RELATING TO SPECIAL USE PERMITS FOR COTTAGE HOMESTEADS II (RESOLUTION 03-0462); COTTAGE HOMESTEADS III (RESOLUTION 03-0463); AND MILLER HILL 47 LIMITED PARTNERSHIP (RESOLUTION 03-0426) FOR PROPERTIES LOCATED ALONG SUNDBY ROAD.

BY COUNCILOR GILBERT:

     WHEREAS, the city council did, on June 23, 2003, adopt resolutions 03-0426, 03-0462 and 03-0463 granting special use permits for Miller Hill 47 Limited Partnership; Cottage Homesteads II; and Cottage Homesteads III for low density planned developments on the following described properties:

     (a)  Miller Hill 47 (Resolution 03-0426), 1516 Sundby Road; that part of NE¼, NE¼, SW¼, Sec. 18, T50, R14, lying east of the County Road, except one acre on the south side (PID 2710-4570);

     (b)  Cottage Homesteads II (Resolution 03-0462), 1605 Sundby Road; Lot 1, Block 2, Miller Creek Division; that part of the E½ of SE¼ of NW¼, Sec 18, T50 R14, beginning at southwest corner thence north 208 feet thence east 86 feet to Sundby Road; thence southeasterly along said road to south line of said 40 thence west 172 feet to point of beginning (PID# 2710-4555); northerly 200 feet of the easterly 453.98 feet of NE¼ of SW¼ lying west of Sundby Road (PID# 2710-4605) and (PID# 2710-4603);

     (c)  Cottage Homesteads III (Resolution 03-0463), 400 feet north of Page Street; SE¼ of NE¼ of SW¼, Sec. 18, T50, R14, lying easterly of Sundby Road. except southerly 210 feet, lying within 100 feet of easterly 100 feet and except that part lying north of southerly 210 feet (PID 2710-4594); and

     WHEREAS, Cottage Investors, LTD, has submitted to the city council a request for amendments to the conditions of these Resolutions as follows;

     (a)  Resolution 03-0426: deletion of condition (b)(2) improvement plans for Sundby Road, including a sidewalk on one side of the roadway;

     (b)  Resolution 03-0462: deletion of condition (b)(2)improvement plans for Sundby Road, including a sidewalk on one side of the roadway;

     (c)  Resolution 03-0463: deletion of condition (b)(3)improvement plans for Sundby Road, including a sidewalk on one side of the roadway; and

said special use permit amendment applications were 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 denial to the city council; and

     WHEREAS, the recommendation of denial was made because of the city planning commission's findings that the required improvements are appropriate safeguards to protect the comprehensive plan and to conserve and to protect property values in the neighborhood if the conditions are observed.

     NOW, THEREFORE, BE IT RESOLVED, that the above described amendments to the special use permits is hereby denied.


STATEMENT OF PURPOSE:  This resolution denies amendments to special use permits granted to:

 

     (a)  FN 05047 Cottage Homesteads II (Res. #03–0462) provides 32 town home units on 12.75 acres of land. The changes to the improvement standards for Sundby Road should not be changed. The projected population of this development is 32 to 96 persons. This project will result in greater than current traffic demand on Sundby Road. Sundby Road should meet City Standards. This project would not have been recommended for approval without the extension of water and sanitary sewer utilities nor would the proposed development, in any fashion, have been recommended for approval without the upgrading of Sundby Road, including sidewalks.

 

     (b)  FN 05048 Cottage Homesteads III (Res. #03-0463) consists of 20 to 27 units, in four unit to six unit structures on 4.25 acres. This development would not have been recommended for approval without the extension of water and sanitary sewer utilities nor would the proposed development, in any fashion, have been recommended for approval without the upgrading of Sundby Road, including sidewalks. The projected population of this development is 40 to 71 persons.

 

     (c)  FN 05049 Miller Hill 47 Limited Partnership (Res #03-0426) for construction of 47 rental units on 6.26 acres (now to be marketed as for sale units). This development would not have been recommended for approval without the extension of water and sanitary sewer utilities nor would the proposed development, in any fashion, have been recommended for approval without the upgrading of Sundby Road. The projected population of this development is 47 to 121 persons. The changes to the improvement standards for Sundby Road should not be amended; the traffic impacts on Sundby Road will not change as a result of the development of this property. Sundby Road should meet City Standards. This development, in any fashion would not have been approved without the upgrading of Sundby Road, including sidewalks. 


In making their recommendation the planning commission made the following findings:

 

     (a)  Relaxation of the city street improvement standards will reduce the development costs.

 

     (b)  Relaxation of the improvement standards will only add to future cost increases to the subject properties. All streets in the City will ultimately be improved to the “Street Standards” adopted in 1990. (Reference the City of Duluth 25 Year Street Improvement Program) Not improving the subject portion of Sundby Road as part of these projects will only result in more disruption to the neighborhood when the future upgrade is made and added assessments to the affected properties will increase. It is also noted that the Minnesota Department of Transportation project will provide for street improvements for 300 feet of the developers property frontage and will provide sidewalk on Sundby Road to Page Street.


The Planning Commission approved this resolution at its June 14, 2005 meeting.


Date application received; May 19, 2005 Action deadline: September 17, 2005

 

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