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RESOLUTION REVERSING THE PLANNING COMMISSION’S CONDITIONS OF APPROVAL ON A PLANNING REVIEW FOR A 15-ROOM ADDITION AT 1033 MINNESOTA AVENUE.
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CITY PROPOSAL:
RESOLVED, that the city council finds as follows:
(a) On September 20, 2018, Park Point Marina Inn and Suites LLC submitted an application (Planning Commission File No. “PL 18-122”, staff report attached as Attachment A) for a mixed-use waterfront (MU-W) planning review to allow a 15-room, 3-story, 6,100 square foot addition to an existing hotel at 1033 Minnesota Avenue;
(b) The addition meets the intent and requirements of the MU-W district in place at the time of the original application;
(c) While the addition of hotel rooms will increase parking demand while removing on-site parking, this site demonstrates adequate parking and therefore is not required to meet section 50-15.6.E of the Duluth City Code, 1959, as amended;
(d) The planning commission considered the application at its October 9, 2018, and November 13, 2018 regular meetings. Planning Commission determined that the proposal generally met the purpose and requirements of the MU-W zone district and approved the MU-W planning review, but established specific conditions regarding timing for project development, parking, and building design. The Action Letter dated November 14, 2018, is attached as Attachment B.
(e) On November 20, 2018, the city received an appeal from Mr. Terry Anderson of the Park Point Marina Inn and Suites, LLC (“Applicant”), a copy of which is attached as Attachment C, requesting the city council remove conditions 1, 2, and 4 of the planning commission’s decision;
(f) The city council heard Applicant’s appeal at its January 14, 2019 meeting;
(g) Also at the January 14, 2019 meeting, the city council heard an appeal by third parties of the planning commission’s approval of the underlying application to expand the hotel;
(h) At the January 14, 2019 meeting, the city council reversed the planning commission’s approval of the underlying application to expand, and returned the resolutions regarding Applicant’s appeal of the conditions to administration;
(i) Applicant sought St. Louis County District Court review of the City Council’s January 14, 2019 actions in Court File No. 69DU-CV-19-1706;
(j) On November 13, 2020, the District Court issued an order reinstating the planning commission’s approval of the underlying application to expand, and requiring the city council to consider Applicant’s appeal of conditions on that approval;
(k) Based on correspondence dated December 11, 2020, attached as Attachment D, and materials in Planning File PL 18-122, Applicant appears to have established the availability of on-site parking for the proposed hotel expansion. (m) Action by the city council shall result in a project approval effective date as of the date of city council resolution approval arising from Applicant’s appeal.
FURTHER RESOLVED, that the decision of the planning commission to add conditions 1, 2, and 4 is reversed on the grounds that these conditions are not necessary to protect the public health, safety, and welfare of the community, and the following replacement conditions are established:
(a) Condition 1 is revised to state: Applicant must apply for a building permit within one year of the date of approval, consistent with the requirements of UDC Section 50-37.1.N.4.
(b) Condition 2 is reversed.
(c) Condition 4 is revised to state: Applicant shall provide updated site plans clearly showing parking meeting the requirements of the UDC.
Statement of Purpose
STATEMENT OF PURPOSE: The resolution reverses the planning commission’s decision to add conditions 1, 2, and 4 to its approval of the Planning Review for a 15-room addition to the existing hotel at 1033 Minnesota Avenue, and establishes replacement conditions based on updated information pertaining to the project’s development.
Condition 1 originally stated: Applicant must apply for a building permit within 180 days of planning commission approval. No administrative extensions shall be granted.
It is proposed that a revised Condition 1 state: Applicant must apply for a building permit within one year of the date of approval consistent with the requirements of UDC Section 50-37.1.N.4.
Condition 2 states: To protect the viability of the current Planning Review and its basis in establishing parameters to protect the health, safety, and welfare of the community, any further applications submitted within 180 days of planning commission approval by applicant for further planning commission review related to subject property shall nullify the current action of the planning commission.
It is proposed that Condition 2 be reversed.
Condition 4 states: Prior to issuance of a building permit, applicant shall provide an additional 13 parking spaces on or immediately adjacent to the site, or demonstrate that supplemental parking is available within 500 feet of the site with off-street pedestrian access using a trail or sidewalk connecting to the hotel’s primary entrance.
It is proposed that a revised Condition 4 state: Applicant shall provide updated site plans clearly showing parking meeting the requirements of the UDC.
The city council reversed the planning commission’s approval of this project in January 2019 in response to an appeal by an unrelated party (Resolution 19-0021R). No action was taken by the city council on Applicant’s appeal, because the project was denied. Since that time, actions in Minnesota District Court have resulted in the necessity of city council consideration of Applicant’s appeal. The basis for timing of this consideration by the city council is established by those Minnesota District Court actions.
Original City Council Appeal Received: November 20, 2018
Original Complete Application Received: September 20, 2018
Original Action Deadline for Application: January 18, 2019