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Why Beacon Point Matters

Some Fancy Footwork by the City of Duluth…?

Latest Update on the Controversial Beacon Point Development -  Fall, 2006

Big Dig on Duluth's LakefrontThe City of Duluth declined Responsible Development in Duluth’s 25-point appeal of the Beacon Point Condo project in August. (Click here for a scan of the City’s denial.)

Many of the reasons for declining the appeal seem to arise from a claim on the part of the City that the time has passed to appeal a particular aspect of the project or that the time has not yet arrived to appeal it. It would appear that the particular day on which a particular point can be appealed is perpetually not yet here or has already passed. It bears noting as well that the City did not allow the three City bodies to which this appeal was made (Planning Commission, Board of Zoning Appeals, and Building Appeals Board) to consider the appeal.

Since the date of this response from the City, Responsible Development in Duluth has attempted to re-file their appeal of the project. This second appeal has... and hasn’t been accepted by the City. The reality is, if the City were to formally consider the appeal, work on the condo project would likely have to be halted. So, although Responsible Development’s appeal paperwork is at City Hall and the checks made out to the City to cover the appeal costs have been accepted, the checks haven’t been cashed, so the appeal is not actually underway.

Responsible Development in Duluth reports that the City, especially the City Attorney’s office, seemed extremely reluctant to accept the appeal. Mr. Brown’s advice to the group, they say, was for them to attempt to try to get on the agenda of the three boards the appeal was directed to themselves, which would in effect put the onus on Responsible Development rather than on the City. Responsible Development was also informed that their two $120 filing-fee checks would not be cashed until the appeal was heard, which keeps the appeal in an indeterminate state until that hearing happens. The appeal should be heard by the three boards in approximately October.

In the interim, construction on the Beacon Point Condos continues.

Even though this appeal remains in limbo, Responsible Development plans to continue to pursue demanding that the City to enforce its own building codes as long as there are options available to them—other than the hugely expensive option of bringing in legal assistance. Responsible Development plans, for example, to request an Environmental Assessment Worksheet from the state on Beacon Point and has asked the city to forward the project’s site plan to the Department of Natural Resources (DNT), which oversees city enforcement of state regulations regarding shoreland.

Responsible Development in Duluth needs your financial help!

Please send your check to:
Responsible Development in Duluth
PO Box 3337
Duluth, MN 55803  

Here is a scan of the City’s letter of denial
(.pdf document)

 


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