RESOLVED, that the city council finds as follows:

     (a)  An application was filed with the city clerk requesting a special use permit for a 10,000 square foot medical clinic for property described as Lots 4 to 8 and Lots 25 to 29, Block 57, Lots 3 to 9, Lots 30 to 35 and parts of Lots 1, 2, 10, 27, 28, 29 and 36 Block 64, and 27-29, Block 64 all in Lester Park Fourth Division (FN 07153); and

     (b)  Pursuant to Section 50-35(h) of Article IV of the Duluth City Code, 1959, as amended, such petition was duly referred to the city planning commission and such commission gave due notice of public hearing and did consider same in public hearing; and

     (c)  The planning commission, at its December 11, 2007, regular meeting, recommended approval of the request with conditions; and

     (d)  The approval was made because of the city planning commission findings that appropriate safeguards will exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood if conditions are observed.


     The city council of the city of Duluth approves a special use permit for a 10,000 square foot medical clinic, subject to the following conditions:

     (a)  City engineer approval for curb cut locations and traffic considerations;

     (b)  Public works approval for utility extensions, final locations and storm water plan, including water quality;

     (c)  Fire department approval for access and hydrant locations;

     (d)  Planning director for approval of final site plan, such review to include:

           (1)  Edge treatments, screening to adjacent properties, the "face" on the Superior Street;

           (2)  Lighting, parking lots and buildings, with particular attention to prevent spill beyond property boundaries;

           (3)  Signs;

           (4)  Continuity for pedestrians from bus stop, extend sidewalk to Superior Street entrance;

           (5)  Clearing limits for site;

           (6)  Compliance with wetland regulations;

           (7)  Placement of buildings and parking areas to minimize impacts on adjacent residential properties;

           (8)  Service areas, trash enclosures, snow storage locations, etc.;

           (9)  Building elevations;
      (e)  There shall be no development ever on the site within 300 feet of the shoreline of Lester River;
      (f)  There shall be an undeveloped buffer zone surrounding the site which zone is the first 50 feet from the property line. No development shall be allowed in this zone, except for a vehicle and pedestrian main entrance access;
      (g)  The utility easement of record that passes through Lot 3, Block 57, Lester Park Fourth Division, shall not be used as a part of any residential care facility or clinic project on this property, to the extent a limit is allowed by law;
      (h)  The residential care facility and medical clinic uses that make up the proposed project shall not be expanded in the future, to the extent this limit is allowed by law

STATEMENT OF PURPOSE: On December 11, 2007, the planning commission held a public hearing on the matter, and voted 7-1-1 to recommend that the city council approve the 10,000 square foot clinic as requested. Since the planning commission meeting, objections voiced at the commission’s public hearing resulted in significant site plan revision in response to comments. This action would be based on the revised site plan and the detailed conditions noted above. (FN 07153)

Action deadline: February 28, 2008           Date filed: October 30, 2007