00-0699R REPLACEMENT
RESOLUTION MODIFYING 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 BY 28 FEET DETACHED GARAGE ON PROPERTY LOCATED AT 10801 STATE HIGHWAY 23, AND REDUCING THE SETBACK TO 30 FEET.
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 by 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 justify a reduction in the required front yard setback requirement, the property contains a 150 feet state highway easement, the existing buildings are located with a 30 feet setback from the front property line, the board of zoning appeals granted a variance to 30 feet in 1997, the 30 feet setback will allow the garage to be located by existing buildings; and

WHEREAS, the city council of Duluth has considered this appeal and determined that the facts of this case do justify a reduction in the front yard setback from State Highway 23 from 60 feet to 30 feet because a physical characteristic peculiar to the property, including the location of existing buildings and the highway easement, prevented the owner from exercising a substantial property right, and that granting a variance would not result in negative impacts on the surrounding neighborhood; and granting the variance is necessary for the preservation of the substantial property right of constructing a building allowed by zoning; the granting of the variance will not deprive neighbors of light or ventilation, increase traffic or congestion, cause any danger, lower property values in the area, or in any way impair the health, safety or welfare of inhabitants of the city. The requirements of City Code 50-47 are met.

NOW, THEREFORE, BE IT RESOLVED, that the city council of Duluth modifies the board of zoning appeals' decision of September 26, 2000, and allows a variance from enforcement of the front yard setback to a 30 feet setback for construction of this garage building.


STATEMENT OF PURPOSE:  This resolution modifies 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 and establishes the setback at 30 feet. The council disagreed 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 would not result in negative impacts on the surrounding neighborhood. The council determined that granting a modified variance would not violate the requirements of the zoning code in a suburban district.