01-0867R

RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO DENY A VARIANCE AUTHORIZING CONSTRUCTION OF A 23'11" X 33'6" L-SHAPED OFFICE ADDITION IN AN R-3 ZONING DISTRICT, ON PROPERTY LOCATED AT 217 NORTH 59TH AVENUE WEST (RICHARD LAUMEYER, LAKE SUPERIOR AGENCY OF THE PORT CITIES).

BY COUNCILOR STENBERG:

        WHEREAS, Richard Laumeyer has applied to the board of zoning appeals for a variance to construct a 23'11" x 33'6" L-shaped office addition to his building located in an R-3 Zone, allowing his business to expand on property located at 217 North 59th Avenue West and legally described as Lots 6, 7, 8 and 9, Block 124, West Duluth Fifth Division; and

        WHEREAS, the board of zoning appeals denied the variance to allow construction of a 23'11" x 33'6" L-shaped office addition to applicant's building which is located in an R-3 zoning district based upon the provisions of the Section 50-47(b) of the Code; and

        WHEREAS, the board determined no hardship to the property exists which would justify the granting of a variance under Section 50-47 of the Code; and

        WHEREAS, the board does not have the authority under Section 50-47 of the Code to grant use variances; and

        WHEREAS, Richard Laumeyer has appealed the aforesaid decision to the Duluth City Council; and

        WHEREAS, the city council has considered this appeal and hereby agrees with the decision made by the board of zoning appeals pursuant to Sections 50-47(b);

        NOW, THEREFORE, BE IT RESOLVED, that the city council of Duluth finds that there is no 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 or which would result in particular and exceptional practical difficulties thereto.

        FURTHER RESOLVED, the council finds that the property owner does not have a substantial right to construct the proposed addition to his commercial building on his property which is located in an R-3 Zone.

        FURTHER RESOLVED, that the city council of Duluth affirms the board of zoning appeals' decision of October 23, 2001, and the appeal is denied.



STATEMENT OF PURPOSE:  This resolution affirms the decision of the board of zoning appeals to deny a variance to construct a 23'11" x 33'6" L-shaped office addition allowing a business to expand in an R-3 zoning district, on property located at 217 North 59th Avenue West. The council agreed 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 would result in negative impacts on the surrounding neighborhood. The council determined that granting a variance would violate the requirements of the zoning code.