Title
RESOLUTION VACATING A BUILDING LINE EASEMENT LOCATED ON PART OF LOT 4, BLOCK 19, HARRISON’S DIVISION.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described in (e) below; and
(b) Pursuant to Section 100 of the City Charter and Section 50-37.6 of Chapter 50 of the Duluth City Code, as amended, such petition was duly referred to the city planning commission and such commission gave due notice of public hearing and did consider same in a public hearing and the city planning commission found that the petitioned portion of the building line easement is not needed; and
(c) The city planning commission, at its Tuesday, June 13, 2023, regular meeting, recommended approval of the vacation petition (PL 23-095); and
(d) The city council finds that the portions of the building line easement proposed to be vacated:
1. is not and will not be needed to restrict building location within in the lot because the city council has adopted Chapter 50 of the Duluth Legislative Code, the Unified Development Chapter; which regulates building location; and
2. is not otherwise needed to promote the public health, safety or welfare of the citizens of Duluth.
(e) The city council of the city of Duluth approves the vacation of the portion of the building line easement as shown in Exhibit A; and
(f) That the city clerk is, pursuant to Section 100 (b)(7) of the Home Rule Charter of the city of Duluth, 1912, as amended, authorized to record, with the register of deeds and/or the registrar of titles of Saint Louis County, Minnesota, a certified copy of this resolution showing the easement to be vacated; and
(g) That the vacation shall lapse if this resolution is not recorded within 90 days of city council approval.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution vacates the portion of the building line easement in part of Lot 4, Block 19, Harrison’s Division, in preparation for site development with a dwelling.
Building line easements were used by land developers in the years before the City adopted a land use zoning ordinance to regulate building placement within lots. Structures were not allowed to be constructed within the building line easement, in this case the 30 feet nearest E. Superior St., presumably, to provide space for front yard landscaping and an orderly street presence. The City’s adopted Unified Development Chapter (Chapter 50) now performs this function with front yard setbacks.
On June 13, 2023, the Duluth city planning commission held a public hearing on the proposal, as shown in the staff report in Exhibit B, and voted 5 yeas, 0 nays, and 0 abstention to recommend the city council approve the vacation petition.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
Petition Received: May 11, 2023
Action Deadline: N/A
PL 23-095