DISCLAIMER

 

06-0236R


RESOLUTION GRANTING CONDITIONAL APPROVAL TO AN AMENDMENT TO SPECIAL USE PERMIT RESOLUTION 03-0463, AS ADOPTED JUNE 23, 2003, BY COTTAGE HOMESTEADS OF DULUTH III FOR EXPANSION OF A LOW-DENSITY, PLANNED DEVELOPMENT ON PROPERTY LOCATED ON THE EAST SIDE OF SUNDBY ROAD AND 200 TO 400 FEET NORTH OF PAGE STREET.

BY COUNCILOR GILBERT:

     WHEREAS, Cottage Homesteads of Duluth III has submitted to the city council a request for an amendment to expand a special use permit for a low density planned development as approved by Resolution 03-0463, to add property and add one- four unit building on property located on the northwest corner Sundby Road and Page Street, expanding the special use permit property to include all lands described as: the SE1/4 of NE1/4 of SW1/4, Section 18, T 50, R14, lying easterly of Sundby Road (PID’s: 2710-4594, 2710-4592 and 2710-4590); and 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 denial to the city council; and

     WHEREAS, the city council finds that the amendment does comply with the “general standards to be considered” for structure setback requirements of Section 50-36.3(b) of the Code.

     NOW, THEREFORE, BE IT RESOLVED, that the requested amendment to special use permit as specified in Resolution 03-0463 is approved subject to the following conditions:

     (a)  That the rights-of-way as per Resolution 03-0463 as well as the new rights-of-way for Sundby Road and Page Street, in accordance with the drawing attached to the report, be dedicated to the city for street purposes. (By this action the planning commission is recommending acceptance of the rights-of-way);

     (b)  That prior to the issuance of any construction permits, the following must be approved in writing by the city engineer:

           (1)  Stormwater management plan;

           (2)  Sedimentation and Erosion control plans;

           (3)  Improvement plans for Sundby Road, including a sidewalk on one side of the roadway;

     (c)  That prior to the issuance of any construction permits, the following must be approved in writing by the city fire marshal:

           (1)  Placement of fire hydrants;

           (2)  Fire lane access to all structures.


STATEMENT OF PURPOSE:  This resolution grants conditional approval to a special use permit amendment request by Cottage Homesteads of Duluth III. The request is to amend Special Use Permit Resolution 03-0463 to add 1.21 acres and one four-unit building to the previously approved 4.25 acre project with five buildings. The original permit consisted of 20 to 27 units in four-unit to six-unit buildings (depending on floor plan configuration) in cooperative housing on 4.25 acres. The amendment would limit total development to six four-unit buildings. The accesses to the new building are by way of the approved southern driveway to Sundby Road and one driveway to Page Street.


This site is affected by the joint state, county and city funded project to realign portions of Sundby Road, Page Street and construct a new connection from Sundby Road/Page Street to Hwy 53. Right-of-way changes to Page and Sundby will alter the boundaries of the property described in this special use permit amendment, this proposal does recognize these new rights of way but does not provide the necessary public rights of way. The planning commission found that the requested amendment does not meet the required 50 foot structure setback from any low density planned development boundary line as specified in Section 50-36.3(b) of the Code.


The planning staff had noted that the setback requirements of Section 50-36.3(b) are “general standards to be considered” and should the commission find that the reduced setbacks which result from the joint street project and the reduced side yard of 25 feet (from the north property line) is appropriate that the several conditions listed in this resolution would be recommended.


The planning commission unanimously recommended denial of this request following a public hearing on March 14, 2006. The applicant did not appear. (FN 06-008)


Date application received: January 18, 2006  Action deadline: June 16, 2006