DISCLAIMER

 

06-0419R


RESOLUTION DENYING A REZONING PETITION TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-A, SINGLE FAMILY RESIDENTIAL, TO R-1-B, SINGLE FAMILY RESIDENTIAL, PROPERTY LOCATED AT 4100 LONDON ROAD (BELL).

BY COUNCILOR GILBERT:

     The city council finds as follows: Thomas and Mary Bell have submitted to the city council a petition to rezone from R-1-a, Single Family Residential, to R-1-b, Single Family Residential, property described as Lot 1 in Section 18, Township 50 North of Range 13 West lying between two lines denominated Line A and Line B, which lines are described as follows:

           Line A: Beginning at a point where the center line of London Road intersects the centerline of 42nd Avenue East in the city of Duluth, running thence westerly along the centerline of said London Road a distance of 361 feet to a point, which is the northerly point of Line A; thence southerly on a line 328 feet westerly from and parallel to the westerly line of 42nd Avenue East to the shoreline of Lake Superior, which is the southerly point of Line A.; and

           Line B: Beginning at a point where the center line of London Road intersects the centerline of 42nd Avenue East in the city of Duluth, running southerly along the centerline of 41st Avenue East, extended, on a line parallel to Line A above described to the shoreline of Lake Superior, which is the southerly point of Line B; on London Road in Lakeside;

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 approval to the city council because of findings based on the findings that the expansion of the Lakeshore Lutheran Home complex has significantly changed the character of the immediate neighborhood and uniquely impacted this property immediately adjacent.

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

     (a)  The rezoning would allow the property to be subdivided into two lots flag-shaped lots, both fronting London Road, which would result in an inconsistent lot subdivision along the shore side of London Road;

     (b)  The rezoning is contrary to the nature, purpose and density of the R-1-a zone created and imposed on the lakeshore side of London Road;

     (c)  The zoning in this area was established prior to the Bell purchase of their home in 1993;

     (d)  There are no established transition zone guidelines under current zoning;

     (e)  Owners of properties east of Bell’s could request that the boundaries be extended to include their properties;

     (f)  The property to the west of Bell’s, zoned R-3, is already considered to be the transition zone between the R-4 zone to its west and the R-1-a zone to its east;

     (g)  New construction near the lake creates a unique impediment to any immediately adjacent property, which could be used by other property owners to the east over time;

     (h)  A precedent could be set to rezone other lands to the east along London Road to deal with construction impediments;

     (i)  Fire access to the new lot to be developed is undesireable.


STATEMENT OF PURPOSE: This resolution is a denial action of Ordinance 06-015-O for a zoning change, from R-1-a, Single-Family Residential to R-1-b, Single-Family Residential, 1.1 acres of land, in a Natural Environmental Shoreland Management Zone, currently occupied by 1 home located at 4100 London Road on the shore of Lake Superior. The rezoning will give the property owners the ability to sub-divide the property into 2 residential lots (two flag-shaped”) each with 50 feet of frontage on London Road, so that another home can be built on the lot which will have lake frontage. The applicant states that “this rezoning will be in the public interest because the property is more than 650 feet in length and the rezoning will allow more full use thereof. The property abuts an R-3 zone and if rezoned R-1-b will provide a transition zone area between the R-3 zone on the west and the R-1-a zone on the east.”


The Duluth city planning commission voted 5-1-2 to APPROVE this zoning change following a public hearing held May 9, 2006.


In recommending approval of the zoning change the commission made the following findings of fact: The expansion of Lakeshore Lutheran Home complex has significantly changed the character of the immediate neighborhood and uniquely impacted this immediately adjacent property.


This ordinance should have no effect on the tax base.


Application received: February 9, 2006

Action deadline: June 9, 2006