DISCLAIMER

 

07-023-O                                                           REPLACEMENT

AS AMENDED

ORDINANCE NO. __________


AN ORDINANCE GRANTING TO PATRICIA KUSZLER A CONCURRENT USE PERMIT INTO THE RIGHT-OF-WAY OF LAKE AVENUE SOUTH MEASURING NINE FEET BY 50 60 FEET FOR AN EXISTING HOME LOCATED AT 3801 LAKE AVENUE SOUTH.

BY COUNCILOR STAUBER:

The city of Duluth does ordain:

     Section 1. Under the authority of Section 100 of the 1912 Home Rule Charter of the city of Duluth, as amended, and subject to the conditions, limitations, and restrictions hereinafter set forth, permission is hereby granted to Patricia Kuszler, her successors and interests, referred to herein as the permittee, to occupy and maintain a home in that part of Lake Avenue South right-of-way as the same was dedicated to the use of the public in the plat of Lower Duluth Lake Avenue, on file and of record in the office of the register of deeds in and for the St. Louis County, Minnesota, described as follows:

           The southwest nine feet of Lake Avenue, Lower Duluth Division, abutting Lot 381 and the west ten feet half of Lot 383, Lake Avenue, Lower Duluth Division, city of Duluth, St. Louis County, Minnesota, being more particularly described as:

                 Beginning at a "T" iron with Cap Number 13794 located at the south corner of the intersection of 38th Street and Lake Avenue. Then, go northeasterly on the extended right-of-way line of 38th Avenue, nine feet. Then, go southeasterly, parallel with and nine feet from the southwest line of Lake Avenue, 50 60 feet. Then, go southwesterly, nine feet to a "T" iron with Cap #13794 located in the southwest right-of-way line of Lake Avenue at the midpoint of Lot 383. Then, go northwesterly on the southwest line of Lake Avenue, 50 60 feet to the place of beginning.

                 Then, go northeasterly along the roof overhang 4.4 feet into the right-of-way of Lake Avenue to the corner of the roof overhang. Then, go southeasterly along the roof overhang 44 feet to the corner of the roof overhang. Then, southwesterly along the roof overhang 3.6 feet to the right-of-way line of Lake Avenue. Then, go northwesterly on the right-of-way line of Lake Avenue 44 feet to the place of beginning.

           This parcel contains 176 540 square feet, more or less, and lies wholly within Lake Avenue.

     Section 2. That before this ordinance shall be effective for any purpose whatsoever, the aforesaid permittee shall file with the city clerk: a duly executed and acknowledged written acceptance of the terms of this ordinance; a certificate of insurance approved as to form by the city attorney evidencing that the permittee has in force insurance meeting the following requirements:

     (a)  A commercial general liability insurance policy shall be maintained in force by permittee in an amount not less than $1,000,000 for bodily injuries and in an amount not less than $300,000 for property damage or $1,000,000 single limit coverage. Such coverage shall include all permittee activities occurring on the permitted premise whether said activities are performed by employees or agents under contract to permittee. Such policy of insurance shall be evidenced by a certificate of insurance filed with the city, shall be approved by the city attorney, and shall contain a condition that it may not be cancelled without 30 days written notice to the city of Duluth. The city of Duluth shall be named as an additional insured on said policy of insurance required by this paragraph. Current ISO additional insured endorsement CG 20 10 is not acceptable. If the ISO 20 10 is used, it must be a pre-2004 edition. The City reserves the right to amend its insurance requirements and the permittee shall file evidence of insurance that conforms to any amended insurance requirements within ten days of such notice.

     Section 3. That this permit shall expire on January 1, 2008, for any purpose whatsoever, unless prior to such date, permittee files with the city clerk certificates of insurance evidencing that permittee has in force insurance meeting the following requirements:

     (a)  Commercial general liability insurance policy shall be maintained in force by permittee in an amount not less than $1,200,000 for bodily injuries and in an amount not less than $400,000 for property damage or $1,200,000 single limit coverage. Such coverage shall include all permittee activities occurring on the permitted premise whether said activities are performed by employees or agents under contract to permittee. Such policy of insurance shall be evidenced by a certificate of insurance filed with the city, shall be approved by the city attorney, and shall contain a condition that it may not be cancelled without 30 days written notice to the city of Duluth. The city of Duluth shall be named as an additional insured on said policy of insurance required by this paragraph. Current ISO additional insured endorsement CG 20 10 is not acceptable. If the ISO 20 10 is used, it must be a pre-2004 edition.

     Section 4. That this permit shall expire on July 1, 2009, for any purpose whatsoever, unless prior to such date, permittee files with the city clerk certificates of insurance evidencing that permittee has in force insurance meeting the following requirements:

     (a)  Commercial general liability insurance policy shall be maintained in force by permittee in an amount not less than $1,500,000 for bodily injuries and in an amount not less than $500,000 for property damage or $1,500,000 single limit coverage or equivalent approved by the city attorney. Such coverage shall include all permittee activities occurring on the permitted premise whether said activities are performed by employees or agents under contract to permittee. Such policy of insurance shall be approved by the city attorney and shall contain a condition that it may not be cancelled without 30 days written notice to the city of Duluth. The city of Duluth shall be named as an additional insured on said policy of insurance required by this paragraph. Current ISO additional insured endorsement CG 20 10 is not acceptable. If the ISO 20 10 is used, it must be a pre-2004 edition.

     Section 5. That said permit granted under this ordinance may be terminated at any time when and if the city of Duluth determines to use the area occupied by said permittee for any purpose in accordance with the duly dedicated public easement or other lawful use. Giving the permittee six months written notice by resolution of the council of the city of Duluth to the last known address of the permittee shall be sufficient notice of termination.

     Section 6. That upon the giving of the notice of termination as aforesaid, the permittee shall remove said home to conform with city zoning code unless a variance is secured from appropriate authorities within said six months, all at the expense and cost of the permittee, and without right on the part of the permittee to claim from the city of Duluth, or any of its officers, agents, or servants, any compensation, reimbursement for damages of any kind whatsoever.

     Section 7. That by the acceptance of the terms of this ordinance as aforesaid, the permittee hereby agrees to save harmless and defend and indemnify the city of Duluth against any claims or demand which may arise against the city of Duluth by reason of any act or omission of the permittee.

     Section 8. The permittee shall, at her expense, protect, support, temporarily disconnect, relocate in the same street, alley or public place, or remove from the street, alley or public place, any property of the permittee when required by the city engineer by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines and tracks, or the installation or repair of any other type of structures or improvements by governmental agencies, when action in a governmental or proprietary capacity.

     Section 9. The permittee shall further observe the following conditions:

     (a)  That all city building codes will be observed in the maintenance and construction of modifications to the home;

     (b)  The type and location of the improvements shall be limited to and maintained in accordance with the site plan drawn by Howard Sterling Watts entitled “Res. of P&S Kuszler, 3801 Lake Avenue S., Duluth, MN, 55802” dated November 11, 2006, and on record as Public Document No. _______________;

     (c)  Chapter 50, Section 13, shall apply.

     Section 10.That this ordinance shall take effect and be in force 30 days from and after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance allows the permittee to maintain and remodel a home at 3801 Lake Avenue South by allowing for a concurrent use permit for nine feet by 50 60 feet of Lake Avenue South.


The planning commission held a public hearing on this petition at their regular meeting of April 10, 2007. A motion to approve, with conditions, the petition was approved by a vote of 10-0.


Deadline for action does not apply.