01-0868R

RESOLUTION REVERSING 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 said addition to applicant's building; 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 disagrees with the findings made by the board of zoning appeals pursuant to sections 50-47(b) and (c) of the Code and that the expansion of a commercial use extending into an R-3 residential zoning district can be made in this case;

        NOW, THEREFORE, BE IT RESOLVED, that the city council of Duluth finds that the long history of use of the building to be added to as a commercial building taken together with the character and use of other adjacent property and other property in the immediate neighborhood constitutes an 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 and which would result in particular and exceptional practical difficulties thereto, such that the grant of the requested variance is justified.

        FURTHER RESOLVED, that said city council finds that the special circumstances or conditions applying to the land in question are peculiar to such property or immediately adjoining property, and do not apply generally to other land or buildings in the vicinity, that the granting of the application is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the applicant, and the authorizing 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.

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



STATEMENT OF PURPOSE:  This resolution reverses 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 disagreed 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.