07-0560R


RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS THAT JAMES BECHTHOLD’S CURRENT USE OF PROPERTY LOCATED AT 2901 MORRIS THOMAS ROAD DOES NOT CONFORM TO THE LIMITATIONS APPLICABLE TO A PUBLIC GARAGE AS DEFINED BY SECTION 50-1.32 OF THE ZONING CODE.

BY COUNCILOR STAUBER:

     BE IT RESOLVED, that the council finds as follows:

     (a)  James Bechthold (Bechthold) requested an interpretation by the building official that his current use of property located at 2901 Morris Thomas Road and zoned C-2, was an authorized use with the scope of the definition of “garage, public” provided in Section 50-1.32 of the Zoning Code;

     (b)  The building official opined that Bechthold’s use was not an authorized use in a C-2 zone, but was a use allowed in the C-4 zoning classification;

     (c)  Bechthold timely appealed the building official’s determination to the board of zoning appeals (BZA) pursuant to Section 50-47(a) of the Zoning Code;

     (d)  At its July 24, 2007, meeting the BZA heard Bechthold’s appeal and determined that the building official had correctly applied the Zoning Code;

     (e)  Bechthold timely appealed the BZA decision to the city council which has heard the appeal as required by Section 50-49 of the Zoning Code;

     (f)  The building official has correctly in interpreted the definition of “garage, public” as provided in Section 50-1.32 of the Zoning Code.

     BE IT FURTHER RESOLVED, that the board of zoning appeals’ decision of July 24, 2007, is hereby reversed.


STATEMENT OF PURPOSE:  James Bechthold appealed to the board of zoning appeals the building official’s interpretation of the definition of “garage, public” under Section 50-1.32 and the conclusion that his current use of the property was not allowed in the C-2 district.


The board of zoning appeals affirmed the decision of the building official concluding that the building official had correctly interpreted the Zoning Code. Bechthold has now appealed to the Duluth City Council.


This resolution reverses the decision of the board of zoning appeals and will authorize Bechthold’s use.


Pursuant to Minn Stat. § 15.99, the city council must act no later than October 13, 2007 which is 120 days from the date of application.

 

APPLICATION DATE:      June 15, 2007

FINAL ACTION DATE:     October 13, 2007