04-0125R

RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO DENY THE APPEAL OF THE DECISION OF THE BUILDING INSPECTOR WHICH DENIED THE APPLICATION TO CONSTRUCT A TWO-FAMILY DWELLING IN A SINGLE-FAMILY DISTRICT ON PROPERTY LOCATED AT 1007 WEST EIGHTH STREET (TIM COLLELO, BY HANFT FRIDE, PA).

BY COUNCILOR GILBERT:

WHEREAS, Tim Collelo has appealed to the board of zoning appeals the decision of the building inspector to deny an application to construct a two-family dwelling in a single-family district, on property located at 1007 West Eighth Street (proposed), and legally described as Lots 165 and 167, Block 105, Duluth Proper Third Division; and

WHEREAS, the board of zoning appeals denied the appeal to allow construction of said two-family dwelling on property which is located in a single-family residential zoning district based upon the provisions of the Section 50-47(a) of the Code as it relates to the building inspector's enforcement of Section 50-56(b)(7) (dispersion of dwellings); 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, neither the board nor the city council has the authority under Section 50-47 of the Code or M.S.A. 462.357 to grant use variances; and

WHEREAS, Tim Collelo 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 property right to construct the proposed two-family dwelling on his property which is located in an R-1 zone.

FURTHER RESOLVED, the council finds that it lacks the legal authority to authorize a variance from the use restrictions applicable in an R-1 zone.

FURTHER RESOLVED, that the city council of Duluth affirms the board of zoning appeals' decision of January 27, 2004, and the appeal is denied.


STATEMENT OF PURPOSE:  This resolution affirms the decision of the board of zoning appeals to uphold the decision of the building inspector denying an application for a permit to construct a two-family dwelling in an single-family zoning district on property located at 1007 West Eighth Street (proposed). The board found that due to the existence of a duplex within 300 feet of the proposed structure, the construction of the proposed duplex would violate Duluth City Code Section 50-56(b)(7), that the applicant failed to demonstrate the existence of a hardship, and that the relief the applicant requested constituted a use variance which is prohibited by state law.