01-0568R

RESOLUTION REVERSING A DECISION OF THE BOARD OF ZONING APPEALS TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 25' TO 1' FOR THE CONSTRUCTION OF A 64' X 24' SINGLE FAMILY DWELLING WITH A 10' X 4' VESTIBULE AND A 24' X 24' ATTACHED GARAGE, ON PROPERTY LOCATED AT 1402 E. SKYLINE PARKWAY, AS PER PLANS SUBMITTED BY THE APPLICANT, AND SUBJECT TO THE STIPULATION THAT THE EXISTING AND FUTURE FILL MATERIALS AS WELL AS THE BUILDING PLANS COMPLY WITH ALL REQUIREMENTS OF THE BUILDING SAFETY DIVISION AND THE SURVEY CORNER PINS BE RE-ESTABLISHED.

BY COUNCILOR STENBERG:

        WHEREAS, George Hovland has applied to the board of zoning appeals for a variance to reduce the minimum front yard setback from 25' to 1' for the construction of a 64' x 24' single family dwelling with a 10' x 4' vestibule and a 24' x 24' attached garage, on property located at 1402 E. Skyline Parkway and legally described as Lot 3, including the SWLY 10' of Lot 4, Boulevard Terrace First Addition; and

        WHEREAS, the board of zoning appeals granted the variance to reduce the minimum front yard setback from 25' to 1' for the construction of a 64' x 24' single family dwelling with a 10' x 4' vestibule and a 24' x 24' attached garage as per plans submitted by the applicant, and subject to the stipulation that the existing and future fill materials as well as the building plans comply with all requirements of the Building Safety Division and the survey corner pins be re-established; and

        WHEREAS, Tom Staubus has appealed the aforesaid decision to the Duluth City Council; and

        WHEREAS, the city council has considered this appeal and hereby disagrees with the following findings made by the board of zoning appeals pursuant to Sections 50-47 (b) and (c ) of the Code and that the reduction in the minimum front yard setback can not be made in this case.
        (a)     That the existence of a substantial change in elevation between the front property line (Skyline Parkway) and the rear property line (alley), does not 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 not result in undue hardship to the owner thereof;
        (b)     The 100 foot wide Skyline Parkway easement (66' wide city standard) and the 24' improved surface do not result in special circumstances;
                (1)     The aforesaid conditions, in combination, apply generally to other land or buildings in the area;
                (2)     That, because of the aforesaid topographical factors, granting of the variance is not 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 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.

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



STATEMENT OF PURPOSE:  This resolution reverses the decision of the board of zoning appeals to approve a variance to reduce the minimum front yard setback from 25' to 1' for the construction of a 64' x 24' single family dwelling with a 10' x 4' vestibule and a 24' x 24' attached garage, on property located at 1402 E. Skyline Parkway as per plans submitted by the applicant, and subject to conditions. The council disagreed with the board's findings and found 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.