BY COUNCILOR GILBERT:
WHEREAS, pursuant to Section 50-140(c) of the Duluth City Code, Jacob Kapsner has appealed to the city council regarding the planning commission’s denial of a water resources management ordinance variance request for property legally described as Lots 185 and 187, Lake Avenue, and Lots 186 and 188, Minnesota Avenue, Lower Duluth; and
WHEREAS, the applicant seeks to alter the property descriptions to create two 8,000 square foot lots, each less than the10,000 square-foot minimum lot area required in a general development shoreland zone; and
WHEREAS, pursuant to Section 50-30 of the Duluth City Code 1959, as amended, such request was referred to the city planning commission and such commission gave due notice of public hearing; and
WHEREAS, such commission, at a public hearing held May 10, 2005, unanimously resolved to deny this variance request; and
WHEREAS, the city council’s planning and economic development committee held a committee hearing on July 11, 2005, to consider this appeal and determined that the requirements of Section 51-29 and 51-30 of Chapter 51 of the Duluth City Code are met; that the ordinance requires a showing of hardship; and that review of the facts, features or events show compliance; and
WHEREAS, the city council finds that a hardship does exist (reference Planning Commission File No. 04088).
NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth finds that the variance request and plans submitted meet the requirements of sections 51-29 and 51-30 of Chapter 51 of the Duluth City Code.
RESOLVED FURTHER, that the decision of the city planning commission is reversed and the department of planning and development is ordered to issue a final action document granting the variance request.
STATEMENT OF PURPOSE: This resolution reverses the action of the city planning commission and its denial of a water resources management ordinance variance to the requestor and directs the city planning staff to issue a final action of approval, subject to the requirements and conditions described above, for property located at 2810 and 2814 Minnesota Avenue. This resolution will not impact the tax base.