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RESOLUTION REVERSING THE PLANNING COMMISSION'S DECISION TO APPROVE APPLICATIONS FOR MINOR SUBDIVISION AND VARIANCES TO LOT AREA, FRONT, SIDE AND REAR YARD SETBACK REQUIREMENTS IN A MU-N ZONE DISTRICT AT 518 AND 526 NORTH 6TH AVENUE EAST.
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CITY PROPOSAL:
RESOLVED, that the city council of the city of Duluth hereby finds as follows:
a) Jayson Sundvall (the "Applicant") is the owner of the property located at 518 and 526 North 6th Avenue East in Duluth, Minnesota legally described on Attachment 1 (the "Property") upon which Applicant has applied for a minor subdivision of the parcel and lot area, front, side and rear yard setback variances for existing dwelling units on the property, for the purposes of Chapter 50 of the Duluth city code (the "Code");
b) Pursuant to the Code the Property is zoned as Mixed Use-Neighborhood ("MU-N"), and as applied to the Property, a minor subdivision per Section 50-37.5.D; and the minimum lot area for a parcel is 4,000 square feet for a one-family dwelling on a parcel and requires a front yard setback of 20 feet, side yard setback of 5 feet and rear yard setback of 25 feet (see Code-Table 50-15.2-1);
c) On February 20, 2020, Applicant submitted an application for a minor subdivision and variances to allow the two existing dwelling units to be established on separate parcels to be created through the subdivision process as reflected in city planning commission file no. PL 20-020 and PL 20-021;
d) Pursuant to section 50-37.5.D of the Code, in order for the Applicant to be eligible to receive a Minor Subdivision, the Applicant and the Property must meet or otherwise not violate the criteria set forth in Section 50-37.9 D of the Code:
e) Pursuant to section 50-37.9 of the Code, in order for the Applicant to be eligible to receive a variance to allow the for reduced setbacks, the Applicant and the Property must meet or otherwise not violate the criteria set forth in Section 50-37.9 C-M of the Code:
f) At its regularly-sc...
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