01-0080R

RESOLUTION OVERTURING A PLANNING COMMISSION ACTION APPROVING A SITE PLAN UNDER CONDITIONS OF A WATER RESOURCES MANAGEMENT ORDINANCE VARIANCE TO BETTY GEORGE SOLA, ET AL., FOR PROPERTY LOCATED AT 701 LAKE AVENUE.

BY COUNCILOR GILBERT:

        WHEREAS, an appeal has been submitted to the city council for the planning commission approval of a site plan in accordance with the conditions of a Water Resources Management Ordinance variance, granted on August 23, 2000, and affirmed by city council Resolution No. 00-0627 on September 11, 2000, to allow a 60 percent impervious surface of the surface area of property described as Lots 238 and 140, Lake Avenue, Upper Duluth, and Lots 235, 237 and 239, Minnesota Avenue, Upper Duluth, and located at 701 Lake Avenue South, 718-720 Minnesota Avenue; and

        WHEREAS, the city council planning committee heard public comment on the appeal of the November 14, 2000, planning commission action on January 16, 2001; and

        WHEREAS, the city council finds that the planning commission's finding that the site plan submitted by Blesener-Dahlberg-Prestige Architects entitled, "Site Plan, South Pier Inn," dated 10-18-00 and their calculation of the proportion of the parcel that has impervious surface is not compliant with the August 23, 2000, variance action "for up to 60 percent impervious surface," because impervious surface could conceivably, someday, be applied to a retained easement for a roadway.

        NOW, THEREFORE, BE IT RESOLVED, that the city council overturns the action of the city planning commission of November 14, 2000, and finds that the above cited site plan does not comply with the 60 percent impervious surface limitation of the surface area of the property described as Lots 238 and 140, Lake Avenue, Upper Duluth, and Lots 235, 237 and 239, Minnesota Avenue, Upper Duluth, and located at 701 Lake Avenue South, 718-720 Minnesota Avenue, as required by the planning commission variance, granted on August 23, 2000, and affirmed by city council Resolution No. 00-0627 on September 11, 2000, and that this decision is based upon the submissions to council and the file of the planning department and planning commission.


STATEMENT OF PURPOSE:  This resolution overturns the planning commission action of November 12, 2000, approving a site plan for "South Pier Inn" on the basis that the project exceeds 60 percent of the site. The planning commission approved the subject site plan by a unanimous vote at its November 14, 2000, meeting.