DISCLAIMER

 

06-0408R


RESOLUTION DENYING A REZONING PETITION TO PROVIDE FOR THE RECLASSIFICATION FROM S-2, SUBURBAN RESIDENTIAL, TO R-1-A, SINGLE FAMILY RESIDENTIAL, PROPERTY LOCATED AT 7717 CONGDON BOULEVARD (GILBERTSON; FN 06034).

BY COUNCILOR GILBERT:

     Mark and Kimberly Gilbertson have submitted to the city council a petition to rezone from S-2, Suburban Residential, to R-1-a, Single Family Residential, four acres of land, property described as Lots 1-5, 62-66, Lakewood Division, and located at located at 7717 Congdon Boulevard on the North Shore; and said petition 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 because of findings that the requested rezoning classification is inappropriate to protect the comprehensive plan and to conserve and to protect property values in the neighborhood.

     NOW, THEREFORE, BE IT RESOLVED, that the petition to rezone the subject property to allow for R-1-a single family zoning is denied based on the following findings:

     (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 MN PCA for construction of the sanitary sewer in this district;

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

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


STATEMENT OF PURPOSE:  This resolution is a counter action to Ordinance 06-016-O and denies a petition for 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 rezoning 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 rezoning 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 MN PCA for construction of the sanitary sewer in this district;

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

     (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 rezoning 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