00-0698R

RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 60 FEET TO 16 FEET FOR THE CONSTRUCTION OF A 36 FEET X 28 FEET DETACHED GARAGE ON PROPERTY LOCATED AT 10801 STATE HIGHWAY 23.

BY PRESIDENT GILBERT:

WHEREAS, James and Gail Leland applied to the board of zoning appeals for a variance to reduce the minimum front yard setback from 60 feet to 16 feet for the construction of a 36 feet x 28 feet detached garage; and

WHEREAS, the board of zoning appeals denied the variance to reduce the front yard setback applicable to said property because it found that no physical characteristic peculiar to the property prevented the owner from exercising a substantial property right, and that granting a variance would result in negative impacts on the surrounding neighborhood; and

WHEREAS, James and Gail Leland have appealed the decision denying the variance to the Duluth City Council; and

WHEREAS, the city council has considered this appeal and has determined that the facts of this case do not justify a reduction in the required front yard setback requirement; and

WHEREAS, the city council of Duluth has considered this appeal and determined that the facts of this case do not justify a reduction in the front yard setback from State Highway 23 from 60 feet to 16 feet because no physical characteristic peculiar to the property prevented the owner from exercising a substantial property right, and that granting a variance would result in negative impacts on the surrounding neighborhood;

NOW, THEREFORE, BE IT RESOLVED, that the city council of Duluth affirms the board of zoning appeals' decision of September 26, 2000.


STATEMENT OF PURPOSE:  This resolution affirms the decision of the board of zoning appeals to deny a zoning variance for reducing the front yard setback from 60 feet to 16 feet. 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 a suburban district.