00-0447R

RESOLUTION REVERSING 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 justify a reduction in lot size and property frontage requirements;

NOW, THEREFORE, BE IT RESOLVED, that the city council of Duluth finds that the need for housing of the type to be constructed by the appellant here together with the existence of a community neighborhood plan accepted by the neighborhood and the current lack of community unit plan provisions in Chapter 50 of the Duluth City Code, 1959, as amended, constitute 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 and which would result in particular and exceptional practical difficulties thereto, such that the reductions in the minimum frontage requirements and the minimum lot size requirements are justified.

FURTHER RESOLVED, that said city council finds that the special circumstances or conditions applying to the land in question are peculiar to such property or immediately adjoining property, and do not apply generally to other land or buildings in the vicinity, the granting of the application is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the applicant, and the authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets or increase the danger of fire or imperil the public safety or unreasonably diminish or impair established property values within the surrounding areas or in any other respect impair the health, safety, comfort, morals or general welfare of the inhabitants of the city.

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


STATEMENT OF PURPOSE: This resolution reverses 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 disagreed with the board's findings that a physical characteristic peculiar to the property prevented the owner from exercising a substantial property right, and that granting a variance would not result in negative impacts on the surrounding neighborhood. The council determined that granting a variance would not violate the requirements of the zoning code in an R-2 zone.