DISCLAIMER

PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE


08-0467R


RESOLUTION DENYING A WATER RESOURCE MANAGEMENT ORDINANCE SPECIAL USE PERMIT AND VARIANCE TO TARGET CORPORATION FOR ITS STORE AT 1902 MILLER TRUNK HIGHWAY.

BY COUNCILOR STAUBER:

     RESOLVED, that the city council finds the following facts:

     (a)  Target Corporation applied for a special use permit pursuant to Duluth City Code Section 51-28 for the redesign of the parking lot at its store at 1902 Miller Trunk Highway. In conjunction with its application for special use permit, target corporation also sought a variance pursuant to Duluth City Code Section 51-30 seeking an increase in allowable impervious surface from the existing condition of 79 percent to 85 percent. City Code Section 51-29(e) limits impervious surface to 30 percent;

     (b)  The parking lot redesign was necessitated by the loss of land area to the state of Minnesota pursuant to the state’s power of eminent domain which was acquired for the purposes of roadway expansions;

     (c)  Pursuant to Duluth City Code Section 51-50 an applicant for a variance must demonstrate the existence of a hardship;

     (d)  After conducting a public hearing, the city planning commission considered target corporation’s application for special use permit and variance at its June 10, 2008, regular meeting;

     (e)  The city planning commission unanimously denied the application for special use permit and variance because it determined that the proposed stormwater plans failed to adequately protect Miller Creek from degradation; and

     (f)  Target Corporation has filed an appeal of the city planning commission denial to the city council pursuant to Duluth City Code Section 51-10(d).

     RESOLVED FURTHER, that Target Corporation’s appeal is denied and the action of city planning commission sustained upon the following grounds:

     (a)  The stormwater plans proposed by Target Corporation fail to adequately protect Miller Creek from degradation; and

     (b)  Target Corporation has failed to present evidence that a hardship supports granting the requested variance.


COUNCIL REQUEST/PLNG


STATEMENT OF PURPOSE:  This resolution sustains the action of the city planning commission. The city planning commission denied target corporation’s application for special use permit and variance at its June 10, 2008, meeting.