DISCLAIMER

07-0470R


RESOLUTION AFFIRMING THE ACTION OF THE PLANNING COMMISSION DENYING THE APPLICATION OF KARL TARNOWSKI TO FILL 2,640 SQUARE FEET OF WETLANDS ON PROPERTY LOCATED AT 2015 NORTON ROAD.

BY COUNCILOR STAUBER:

     RESOLVED, that the council hereby affirms the planning commission action of June 12, 2007, denying the application of Karl Tarnowski to fill 2,640 square feet of type six (shrub swamp) wetlands on property located at 2015 Norton Road for the purpose of constructing an auxiliary private roadway.

     RESOLVED FURTHER, that the council finds the following facts support its action:

     (a)  The applicant submitted an application for a variance, pursuant to Duluth City Code Chapter 51, Article IV, to fill 2,640 square feet of type six (shrub swamp) wetlands;

     (b)  Section 51-35(b) of the City Code provides that the applicant for a variance shall demonstrate the existence of a hardship;

     (c)  The term “hardship” is defined by Section 51-2 as follows: The property in question cannot be put to reasonable use under the conditions allowed by the regulations set forth in this Chapter; the plight of the landowner is due to circumstances unique to his property, not created by the landowner. Economic considerations alone shall not constitute a hardship;

     (d)  The applicant’s stated reason for the variance was to allow for the construction of an auxiliary roadway on the property to provide access to the northern 3-1/2 acres of the lot for “forest management purposes”;

     (e)  The applicant currently resides on the ten acre parcel and the southern approximate three acres of the lot is currently developed with a house, garage, septic system, driveway, and yard. The applicant currently enjoys a reasonable use of the property;

     (f)  The applicant failed to demonstrate that the requested variance was necessary to access the northern three and one-half acres for “forest management purposes” and the roadway would serve as a mere convenience;

     (g)  The applicant has failed to demonstrate the existence of a hardship.


STATEMENT OF PURPOSE:  This matter is before city council upon the applicant’s appeal of the planning commission’s denial of his variance in which the applicant is seeking permission to fill wetlands located on his ten acre parcel. The applicant resides on the parcel. The council has appellate jurisdiction pursuant to Duluth City Code 51-10(d). This resolution affirms the action of the planning commission and identifies the facts supporting the denial.


Action deadline: July 31, 2007