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 reversed for 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.
(d) No hardship exists to support a variance because the need for a variance was created by the landowner when the original parcel known as 3302 Greysolon Road was divided into two parcels. Economic considerations are the only basis for the variance and economic considerations alone may not support the granting of a variance.
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 at lots 5, 6,11 and 12, Block 25, East Duluth Re-Arrangement, First Addition to Duluth. This resolution reverses that decision. 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.