DISCLAIMER

07-0471R AS AMENDED


RESOLUTION REVERSING AND APPROVING 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 AND GRANTING SAID VARIANCE.

BY COUNCILOR STAUBER:

     RESOLVED, that the council hereby reverses 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 and granting said variance.

     RESOLVED FURTHER, that the council finds the following facts supports 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 demonstrated that the requested variance is supported by the existence of a hardship, said hardship demonstrated by the following facts:

          (1)      The construction of roadway to access one’s property is reasonable use;
          (2)      The presence of a wetland prevents this reasonable use of the property;
          (3)      The wetland was not created by the owner;
          (4)      The filled wetlands will be replaced on site so there will be no net loss.

     RESOLVED FURTHER, that the applicant shall comply with the following conditions:

     (a)  Replace the four six-inch culverts with four 12-inch culverts under the fill area;

     (b)  That the project be constructed according to the plans received on May 16, 2007, and prepared by Bocht Engineering, Sheets one through eight;

     (c)  That the project be constructed according to the plans provided by Tom Fait, Soil and Water Environmental Consulting, in the document titled "Revised 3-30-07, Attachment to project notification form: Karl Tarnowski 2015 Norton Road";

     (d)  That the applicant provide wetland monitoring reports for the next five growing seasons to determine if the replaced wetland is functioning. If it is found by the wetland conservation act technical evaluation panel to be deficient, the applicant shall correct the deficiencies.


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 reverses the action of the planning commission, requires the council to identify the facts supporting hardship, and imposes conditions for the construction authorized by the variance.


Action deadline: July 31, 2007