00-0446R

RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO DENY THE REQUEST TO REDUCE THE MINIMUM LOT SIZE REQUIREMENT FROM 5,000 SQUARE FEET TO 4,687.5 SQUARE FEET AND TO REDUCE THE MINIMUM FRONTAGE REQUIREMENT FROM 50' TO 37½' FOR THE DIVISION OF THREE LOTS INTO TWO SITES TO BUILD TWO NEW HOMES ON A SITE PRESENTLY USED FOR ONE HOME ON PROPERTY LOCATED AT 418 NORTH 51ST AVENUE WEST.

BY PRESIDENT GILBERT:

WHEREAS, Jeff Corey and the Northern Land Trust applied to the board of zoning appeals for a variance to construct two homes on a site presently used for one home reducing the minimum frontage requirement from 50' to 37.5' and the lot size requirement from 5,000 square feet to 4,687.5 square feet on property located at 418 North 51st Avenue West and legally described as Lots 7, 8 & 9, Block 187, West Duluth Seventh Division; and

WHEREAS, Jeff Corey and the Northern Land Trust have appealed the decision denying the variance to the Duluth City Council; and

WHEREAS, the city council has considered this appeal and determined that the facts of this case do not justify a reduction in lot size and property frontage requirements;

NOW, THEREFORE, BE IT RESOLVED, that the city council of Duluth finds that there is no extraordinary or exceptional situation or condition pertaining to the piece of property in question which would render strict application of Chapter 50 of the Duluth City Code, 1959, as amended, thereto an exceptional or undue hardship upon the owner thereof or which would result in particular and exceptional practical difficulties thereto.

FURTHER RESOLVED, that said city council affirms the board of zoning appeals' decision of May 23, 2000.


STATEMENT OF PURPOSE: This resolution affirms the decision of the board of zoning appeals to deny a zoning variance for reduction of lot sizes and property frontage requirements in an R-2 two-family district. The council agreed with the board's findings that no physical characteristic peculiar to the property prevented the owner from exercising a substantial property right, and that granting a variance may result in negative impacts on the surrounding neighborhood. The council determined that granting a variance would violate the requirements of the zoning code in an R-2 zone.