File #: 21-004-O    Name:
Type: Ordinance Status: Passed
File created: 3/24/2021 In control: Planning and Economic Development
On agenda: 4/12/2021 Final action: 4/26/2021
Title: AN ORDINANCE GRANTING DULUTH LINCOLN PARK 1 LLC AT 2360 WEST SUPERIOR STREET A CONCURRENT USE PERMIT TO ATTACH BALCONIES, ROOFTOP PARAPET WALLS AND CANOPIES ABOVE GROUND AND ATTACHED TO A PROPOSED 74 UNIT APARTMENT STRUCTURE AND WITHIN THE PLATTED RIGHT OF WAY FOR WEST SUPERIOR STREET AND SOUTH 21ST AVENUE WEST.
Attachments: 1. Exhibit I legal description of balcony, 2. Exhibit J legal description parapet, 3. Exhibit K legal description of canopy, 4. PL 21-006 Staff Report and Attachments
Title
AN ORDINANCE GRANTING DULUTH LINCOLN PARK 1 LLC AT 2360 WEST SUPERIOR STREET A CONCURRENT USE PERMIT TO ATTACH BALCONIES, ROOFTOP PARAPET WALLS AND CANOPIES ABOVE GROUND AND ATTACHED TO A PROPOSED 74 UNIT APARTMENT STRUCTURE AND WITHIN THE PLATTED RIGHT OF WAY FOR WEST SUPERIOR STREET AND SOUTH 21ST AVENUE WEST.

Body
CITY PROPOSAL:

The city of Duluth does ordain:
Section 1. Under the authority of Section 100 of the 1912 Home Rule Charter of the city of Duluth, as amended, and subject to the conditions, limitations and restrictions hereinafter set forth, permission is granted to Duluth Lincoln Park 1 LLC and their successor(s) in interests, referred to herein as the permittee, to construct and maintain the following on that property legally described below:
(a) The concurrent use area consists of locations on the north and west sides of the proposed building. Balconies will be located attached to each living space for units on the north and west fa?ades of the building. There will be a total of 14 balconies with each concurrent use area extending 4.33 feet into the right of way for West Superior Street and South 21st Avenue West. The balconies are described as concurrent use parcels 1 through 11 on Exhibit I. Canopies are proposed above each door on the building that borders a sidewalk at a minimum of ten (10) feet above street level along and extending into West Superior Street and South 21st Avenue West. The canopies are described as concurrent use parcels 1 through 4 on Exhibit K. The parapet rooftop wall will be constructed along the north and west building roof line and will extend approximately 4 feet into the right of way at a height of approximately 53-feet as depicted in Exhibit J. Balconies, Canopies and Parapet walls will need to comply with all building code requirements for encroachments into the public right of way.
Section 2. Before this ordinance shall be effective for any purpose whatsoever, the permittee shall file with the pla...

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