DISCLAIMER

 

08-0149R


RESOLUTION APPROVING A SPECIAL USE PERMIT TO WILLIAM STAUDUHAR FOR A RV PARK AND MARINA AT 121 SPRING STREET.

CITY PROPOSAL:

     The city council finds as follows:

     (a)  An application was filed with the city clerk requesting a special use permit for a RV park for property legally described as:

           A parcel of land located in Government Lot 2, Section 26, and Government Lot 3, Section 23, Township 49 North, Range 15 West, of the Fourth Principal Meridian, St. Louis County, Minnesota, and in Douglas County, Wisconsin, and described as follows, to wit: commencing at a point in said Government Lot 3, where the established U.S. Government Harbor Line intersects the boundary line of the states of Minnesota and Wisconsin; thence southwesterly along said established Harbor Line 89.30 feet to the extended north boundary line of Rearrangement of Lenroot's Addition to Ironton, which point is the place of beginning; thence North 57 degrees 16 minutes 4 seconds west a distance of 44.28 feet to the boundary line between the states of Minnesota and Wisconsin as determined and marked by a survey made by a boundary commission appointed by the United States Supreme Court in Minnesota vs. Wisconsin, 258 U.S. 149, a map of which survey is on file in the office of the clerk of said court; thence continuing north 57 degrees 16 minutes 4 seconds west a distance of 617.47 feet to a point; thence north 32 degrees 43 minutes 56 seconds east a distance of 70.00 feet to a point; thence north 57 degrees 2 minutes 44 seconds west 152.00 feet to a point; thence south 32 degrees 57 minutes 16 seconds west a distance of 239.41 feet to a point; thence south 57 degrees 2 minutes 44 seconds east a distance of 120.00 feet to a point; thence south 32 degrees 57 minutes 16 seconds west a distance of 270.00 feet to a point; thence north 57 degrees 2 minutes 44 seconds west a distance of 140.00 feet to a point; thence south 32 degrees 57 minutes 16 seconds west a distance of 214.00 feet to a point; thence south 57 degrees 2 minutes 44 seconds east to the established U.S. Government Harbor Line; thence northeasterly along said Harbor Line to the point of beginning.

           The foregoing description is based upon a drawing dated February 24, 1978, over the signature of T. M. Black, which drawing is made a part hereof by reference (Public Document No. _________________).

           EXCEPTING THEREFROM a parcel of land described as follows, to wit: commencing at a point in said Government Lot 3 where the established U.S. Government Harbor Line intersects the boundary line of the states of Minnesota and Wisconsin; thence southwesterly along said established Harbor Line 89.30 feet to the extended north boundary line of Lenroot's Addition; thence continuing southwesterly along said established Harbor Line 400 feet, more or less, to a point which is 122.00 feet northeasterly of the extended southwesterly pier facing the southwesterly most pier of Spirit Lake Marine, Inc., which point of beginning; thence northwesterly on a line perpendicular to the said established Harbor Line 350.00 feet to a point on said pier; thence southwesterly on a line parallel with said established Harbor Line 122 feet, more or less, to the point where said pier and the waters of the St. Louis River meet; thence southeasterly along the southwesterly edge of said pier to the said established Harbor Line; thence northwesterly along said established Harbor Line to the point of beginning; and

     (b)  Pursuant to Section 50-35(n)and Section 50-35(bb) 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 February 12, 2008, regular meeting, recommended approval of the requests 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.

     FURTHER RESOLVED THAT, the city council of the city of Duluth approves a special use permit for a RV park and marina (FN 07155), subject to the following conditions:

     (a)  A scaled site plan showing setbacks for each pad, road, building, parking area and other development is to be submitted prior to issuance of permits with subsequent approval by the planning director;

     (b)  Written approval from the fire department that the roads on the piers and throughout the proposed development are adequate for fire truck access;

     (c)  A wetland delineation is to be submitted for the wetland on the far southern edge of the development and adherence to applicable wetlands regulations prior to issuance of permits;

     (d)  Best management practices for the marina are to be developed as part of the management of the RV park and marina. These are to be submitted to the planning director for approval;

     (e)  Any alterations to the approved plans that do not alter major elements of the plan may be approved by the planning director without further planning commission or city council action; however, no such administrative approval shall constitute a variance from the provisions of Chapter 50;

     (f)  Approvals and permits which are under the jurisdiction of the United States army corps of engineers are to be secured prior to start of the project and submitted to the city of Duluth planning and development department;

     (g)  Approvals and permits which are under the jurisdiction of the Minnesota department of natural resources are to be secured prior to the start of the project and submitted to the city of Duluth planning and development department;

     (h)  Approvals and permits which are under the jurisdiction of the Wisconsin department of natural resources are to be secured prior to the start of the project and submitted to the city of Duluth planning and development department;

     (i)  Project is to be constructed according to drawings titled “marina/RV resort conceptual plan” date stamped February 5, 2008, by the planning and development department and includes the following:

           (1)  Conceptual plan - sheet 1/9 dated 1/15/08 miscellaneous plan changes prepared by Bocht Engineering;

           (2)  Boundary topography survey - sheet 2/9 dated 5/23/07 prepared by Alta Survey Company;

           (3)  Site photos - sheet 3/9 dated 10/29/07 added sheet prepared by Bocht Engineering;

           (4)  Entire conceptual plan - sheet 4/9 dated 1/21/08 modify pier one prepared by Bocht Engineering;

           (5)  Site utilities - sheet 5/9 dated 1/15/08 revised pier two utilities prepared by Bocht Engineering;

           (6)  Pier one conceptual plan - sheet 6/9 dated 1/21/08 revised layout prepared by Bocht Engineering;

           (7)  Pier two conceptual plan - sheet 7/9 dated 1/21/08 revised detail prepared by Bocht Engineering;

           (8)  Parking / boat ramp conceptual plan - sheet 8/9 dated 10/29/07 miscellaneous changes prepared by Bocht Engineering; and

           (9)  Entrance road and common area conceptual plan - sheet 9/9 dated 10/29/07 miscellaneous changes prepared by Bocht Engineering;

     (j)  Approvals and permits which are under the jurisdiction of the St. Louis County health department are to be secured prior to start of the project and submitted to the planning and development department; and

     (k)  Conditions as outlined by the Minnesota department of natural resources letter of February 12, 2008, are to be met.


PC/PLNG CF:tmf 2/13/2008


STATEMENT OF PURPOSE:  On December 11, 2007, the planning commission held a public hearing on these two items and tabled taking action. On February 12, 2008, the planning commission held another public hearing on the matter, and voted 8-0-0 to unanimously recommend the city council approve the RV park and marina as requested with conditions as noted above.

 

Date filed: October 31, 2007            Action deadline: April 28, 2008