BY COUNCILOR GILBERT:
RESOLVED, that the May 24, 2006 action of the planning commission approving a variance from the 150 foot setback from the ordinary high water mark as required by Duluth City Code 51-29(e) (Planning File No. 06025) is affirmed upon the following reasons:
(a) At the time of the passage of the Water Resource Management Ordinance, codified as Chapter 51, the property located at 3302 Greysolon Road consisted of a single parcel accommodating a single family home. The legal description of this parcel was Lots 5-12, Block 25, East Duluth Re-Arrangement, First Addition to Duluth. This property enjoyed a reasonable use.
(b) The property owner has now divided the parcel and desires to sell the newly created lot legally described as Lots 5, 6, 11 and 12, Block 25, East Duluth Re-Arrangement, First Addition to Duluth.
(c) The newly created lot meets the minimum dimension requirements of Chapters 50 and 51 of the City Code, but a home cannot be built on the lot without a variance from the required 150 foot minimum building set back from the ordinary high water mark. The water resources that establishes the ordinary high water mark is an unnamed stream located east of the parcel but does not abut the parcel. A single family home complies with the zoning for the new parcel and is a reasonable use.
(d) The new parcel cannot be put to a reasonable use because of its proximity to the water resource. The inability to enjoy a reasonable use of the land constitutes a hardship and supports the variance approved by the planning commission.
STATEMENT OF PURPOSE: On May 24, 2006 the planning commission approved a variance from the 150 foot building set back from the ordinary high water mark for a lot legally described as lots 5, 6, 11 and 12, Block 25, East Duluth Re-Arrangement, First Addition to Duluth. This resolution affirms that action. These lots were previously part of a larger parcel of land but the owner (DeArmond) divided the parcel into two parcels. One parcel, not the subject of the variance request, is already developed. The second parcel created is undeveloped and is a potential single family home site. The second parcel meets the minimum size requirements of both the zoning ordinance and the Water Resource Management Ordinance. The lot is too narrow to accommodate the 150 foot minimum set back from ordinary high water mark. In this case the water resource that establishes the ordinary high water mark is a unnamed stream located to the east of the parcel. The parcel does not abut the stream.