01-0565R

RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO REDUCE THE MINIMUM FRONT YARD SETBACK FOR DWELLINGS FROM 25' TO 8' AND TO ALLOW TWO MAIN BUILDINGS TO BE TEMPORARILY LOCATED ON THE SAME LOT DURING THE CONSTRUCTION OF A NEW 30' X 40' SINGLE FAMILY DWELLING WITH A 24' X 24' ATTACHED GARAGE ON PROPERTY LOCATED AT 1110 E. SKYLINE PARKWAY, AS PER PLANS SUBMITTED BY THE APPLICANT, AND SUBJECT TO SPECIFIED CONDITIONS.

BY COUNCILOR STENBERG:

        WHEREAS, Michael J. Clevette and Tamara Henderson applied to the board of zoning appeals for a variance to reduce the minimum front yard setback for dwellings from 25' to 8' and to allow two main buildings to be temporarily located on the same lot during the construction of a new 30' x 40' single family dwelling with a 24' x 24' attached garage on property located at 1110 E. Skyline Parkway and legally described as SLY 83' of Lot 12 and Lots 13 and 14, except that part within 17' of 12th Street, Block 33, Lakeview Division;

        WHEREAS, the board of zoning appeals granted the variance to reduce the minimum front yard setback for dwellings from 25' to 8' and to allow two main buildings to be temporarily located on the same lot during the construction of a new 30' x 40' single family dwelling with a 24' x 24' attached garage, as per plans submitted by the applicant, and subject to the following conditions:
        (a)     That a time limit for the completion of the new dwelling and the removal of the old dwelling be 1 year from taking the permit out, and;
        (b)     That a building demolition performance bond be executed in accordance with and approved by the city attorney in an amount sufficient to demolish said existing dwelling in the event that the terms of this variance are not met, and;
        (c)     That a license to enter real property to demolish the building be submitted to and approved by the city attorney, with the following conditions:
 

        WHEREAS, Thomas Branlund, Gene Keyser and Carol Tierney have appealed the aforesaid decision to the Duluth City Council; and

        WHEREAS, the city council has considered this appeal and hereby agrees with the following findings made by the board of zoning appeals pursuant to Sections 50-47(b) and (c) of the Code:
        (a)     That the reduction in the minimum front yard setback and the allowance of two main buildings to be temporarily located on the same lot during construction can be made in this case and would result in the replacement of a non-conforming dwelling which is only accessible from the alley;
        (b)     That the existence of a substantial change in elevation between the front property line (Skyline Parkway) and the rear property line (alley), does result in exceptional topographical conditions unique to the property in question such that the strict application of the code provisions requiring a 25' minimum front yard setback would result in undue hardship to the owner thereof;
        (c)     The substantial change in elevation between the improved Skyline Parkway and the front property line does result in exceptional topographical conditions unique to the property in question such that the strict application of the code provisions requiring a 25' minimum front yard setback would result in undue hardship to the owner thereof and that:
                (1)     The aforesaid conditions, in combination, do not apply generally to other land or buildings in the area;
                (2)     That, because of the aforesaid topographical factors, granting of the variance is necessary to preserve a substantial property right of the owner of the property;
                (3)     That, given the topography of the property in questions and the developed nature of the Skyline Parkway corridor adjacent thereto, the granting 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;
                (4)     The dwelling will comply with the maximum height requirements and any objections based on obstruction of views of the lake could not be considered in their decision; and

        WHEREAS, the council finds that the property owner has a substantial right to build a dwelling on his property and this right would be lost if the variance was not granted. This would be a hardship. The right of adjacent owners to light and view are preserved by compliance with applicable height restrictions by the applicants.

        NOW, THEREFORE, BE IT RESOLVED, that the city council of Duluth affirms the board of zoning appeals' decision of June 26, 2001.



STATEMENT OF PURPOSE:  This resolution affirms the decision of the board of zoning appeals to approve a variance to reduce the minimum front yard setback for dwellings from 25' to 8' and to allow two main buildings to be temporarily located on the same lot during the construction of a new 30' x 40' single family dwelling with a 24' x 24' attached garage on property located at 1110 E. Skyline Parkway, as per plans submitted by the applicant, and subject to conditions. The council agreed with the board's findings and found 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.