01-0380R

RESOLUTION DENYING JIM GRUBA AND SHIRLEY REIERSON A VARIANCE FROM THE IMPERVIOUS SURFACE REQUIREMENTS OF SECTION 51-29 OF THE DULUTH CITY CODE FOR PROPERTY LOCATED AT 2525 MINNESOTA AVENUE.

BY COUNCILOR STENBERG:

        WHEREAS, on May 7, 2001, the appeal of Jim Gruba and Shirley Reierson to exceed the 30 percent impervious surface requirement of Section 51-29 of the Duluth City Code came before the city council in the city council chambers in Duluth, Minnesota, with Jim Mohn, Duluth planning staff; Jeff Jackson, planning commission; Jim Gruba, appellant; Noel Knutson, appellant's architect; and Shirley Reierson, appellant; all submitting testimony on the matter;

        NOW, THEREFORE, the Duluth City Council makes the following findings of fact in this matter:
        (a)     Appellants have a reasonable use of the property as it exists in that the single family dwelling now on the property is functional and could be expanded upward in its original footprint without a variance;
        (b)     Any problems caused by the existence of the driveway easement running through the property were known to appellants before they began negotiating for the property and may have been caused by the seller of the property.
        (c)     The area where the project is proposed is already crowded with structures and the project will negatively impact the neighborhood;
        (d)     The attached garage in the project could in the future be converted to living space creating additional unacceptable congestion;
        (e)     The increase in impervious surface from 43 percent to 50 percent in a crowded area like the project site is not consistent with the spirit of the city's shorelands regulations;
        (f)      Because of the use of the property appellants already enjoy, they have not shown that they have a hardship.

        THEREFORE, the appellants have not shown by substantial evidence that they have a hardship relating to the property at 2525 Minnesota Avenue and they are in the process of purchasing the property being fully advised of any deficiencies the property may have.

        RESOLVED, that the appellants have not met the standard set forth in Section 51-30 for a variance and their variance shall be denied and the decision of the planning commission in this matter shall be affirmed.



STATEMENT OF PURPOSE:  This resolution denies a the variance for Jim Gruba and Shirley Reierson at 2525 Minnesota Avenue from the impervious surface requirements of the shorelands provisions of the water resource management ordinance because they already have a reasonable use of the property and have not shown a hardship. The area surrounding the project site is already fairly crowded with structures and to allow an increase in the impervious surface in the area would not be consistent with the intent of the city's shoreland regulations.