07-0625R


RESOLUTION DENYING A CONCURRENT USE PERMIT TO MITCH’S, INC., DBA MITCH’S BAR AND GRILL, FOR THE SIDEWALK ABUTTING 2113 WEST SUPERIOR STREET (MARK MITCHELL).

BY COUNCILOR STAUBER:

     RESOLVED, that the petition for a concurrent use permit filed by Mitch’s, Inc., DBA Mitch’s Bar and Grill, seeking the concurrent use of the public sidewalk abutting 2113 West Superior Street is denied based on the following findings:

     (a)  The public sidewalk is currently physically used and occupied by the public;

     (b)  The use of the sidewalk for public smoking and the consumption of intoxicating beverages during the winter months is a safety hazard; and

     (c)  Applicant controls private property that is adequate for the proposed use.


STATEMENT OF PURPOSE:  This resolution is a counter action to Ordinance 07-063-O and denies the concurrent use permit request from Mitch’s, Inc., DBA Mitch’s Bar and Grill, located at 2113 West Superior Street. Applicant states the purpose of this request is to provide an area for smokers and for the consumption of alcoholic drinks.


The Duluth city planning commission voted to deny this concurrent use permit following a public hearing held September 11, 2007, by a vote of five yes, four no, and one abstention.


Application Received: August 2, 2007

Action Deadline: Does not apply