Title
RESOLUTION REVERSING THE PLANNING COMMISSION'S DECISION TO DENY A SPECIAL USE PERMIT FOR A RESTAURANT AT 1303 WEST ARROWHEAD ROAD.
Body
CITY PROPOSAL:
RESOLVED, that the city council finds as follows:
(a) That on March 9 2022, 1303 LLC submitted an application (Planning Commission File No. "PL 22-040", staff report attached as Attachment A) for a special use permit for restaurant on property located at 1303 Arrowhead Road;
(b) That pursuant to Section 50-37.6 of Chapter 50 of the Duluth City Code, as amended, such petition was duly referred to the city planning commission and such commission gave due notice of public hearing to be held by the Commission on April 12, 2022; and
(c) That the city planning commission, at a Tuesday, April 12, 2022 regular meeting, duly conducted a public hearing, after which it found that the granting of this special use permit would result in impacts that could negatively impact traffic levels and safety at the intersection of Arrowhead Road and Dodge Street and, for these reasons, denied the special use permit; and
(d) That on April 22, 2022 the city received an appeal from Mike Schoonover, a copy of which is attached as Attachment B, requesting the city council appeal planning commission's denial;
(e) That the city council heard the appeal at its June 13, 2022 meeting;
(f) That the council finds, based on the record and the public testimony before it, that granting the subject special use permit application is consistent with the City's comprehensive land use plan as the Future Land Use Designation of the property is Urban Residential, which "may include student housing areas, live/work units, and limited neighborhood retail" and is appropriate for "commercial uses that serve (the) neighborhood" and the proposed special use permit project of a small commercial building with a small restaurant and outdoor dining area is an appropriate use in an urban residential neighborhood and is a commercial use that w...
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