DISCLAIMER

 

06-016-O

ORDINANCE NO. __________


AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 47 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM S-2, SUBURBAN RESIDENTIAL TO R-1-A, SINGLE FAMILY RESIDENTIAL, PROPERTY LOCATED AT 7717 CONGDON BOULEVARD (GILBERTSON).

BY COUNCILOR GILBERT:

The city of Duluth does ordain:

     Section 1. That Plate No. 47 of the zoning district map as contained in the Appendix to Chapter 50 of the Duluth City Code, 1959, is amended to read as follows:

(MAP)

(Reference File No. 06034)

     Section 2. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.


STATEMENT OF PURPOSE:  This zoning ordinance amendment provides a zoning change, from S-2, Suburban Residential, to R-1-a, Single Family Residential, four acres of land, currently occupied by six cabins and two single family homes located at 7717 Congdon Boulevard on the North Shore. This reclassification would restore the 1958 zoning classification of R-1-a, Single Family Residential, and give the property owners the ability to divide and sell the property as five residential lots. The applicant states that this reclassification will be in the public interest because it.


The Duluth city planning commission voted 7-2 to DENY this zoning change following a public hearing held May 9, 2006.


In recommending denial of the zoning change the commission made the following findings of fact:

     (a)  This zoning change is contrary to the nature and purpose of the S-2 zone created and imposed on the area of the Duluth North Shore Sanitary District and is in conflict with the mitigation obligations to the Minnesota pollution control agency for construction of the sanitary sewer in this district;

     (b)  Rezoning would be precedent setting for other developments in this district; and

     (c)  Under current zoning the property could be developed as two single family sites or maintained as resort cabins.


The two dissenting votes cited the current development of the property and that the reclassification would facilitate the potential conversion of the existing “grandfathered” nonconforming commercial use to five single family lots.


This ordinance should have no effect on the tax base.


Application Received: April 4, 2006

Action Deadline: August 1, 2006