DISCLAIMER

 

05-0671R


RESOLUTION OVERTURNING A PLANNING COMMISSION ACTION GRANTING A WATER RESOURCES MANAGEMENT ORDINANCE VARIANCE TO JOE KLEIMAN FOR PROPERTY LOCATED AT 422 SOUTH 19TH AVENUE EAST.

BY COUNCILOR GILBERT:

     WHEREAS, an appeal has been submitted to the city council of the planning commission granting of a Water Resources Management Ordinance variance allowing a 60 percent impervious surface on 63.2 percent of the area of property described as southerly 58 feet of Lots 15 and 16 and all of Lot 14, Block 23, Endion Division of Duluth and located at 422 South 19th Avenue East; and

     WHEREAS, the city council conducted a planning committee hearing on September 19, 2005, and finds that permits have been issued for redevelopment of the property with an impervious surface coverage of 23 percent, that the planning commission's findings granting the variance were not consistent with the intent and purposes of the Water Resources Management Ordinance, that denying this variance does not cause an undue hardship because permits have been issued for the land in compliance with Section 51-29 of the Code, that allowing 62.3 percent impervious surface is contrary to the purpose and intent of Chapter 51 of the City Code.

     NOW, THEREFORE, BE IT RESOLVED, that the city council overturns the action of the city planning commission of August 9, 2005, and denies the Water Resources Management Ordinance variance which would have permitted a 63.2 percent impervious surface for the property described as southerly 58 feet of Lots 15 and 16 and all of Lot 14, Block 23, Endion Division of Duluth and located at 422 South 19th Avenue East.


STATEMENT OF PURPOSE: This resolution overturns the unanimous planning commission action of August 9, 2005, which granted an impervious surface variance from the General Development Class I Shoreland Zone requirement of 30 percent maximum surface to allow for up to the existing 63.2 percent impervious surface for the redevelopment of property located at 422 South 19th Avenue East.


However, the necessary permits for development of the property in accordance with Chapter 51 of the City Code have been issued. No hardship exists and the need for a variance no longer exists.