04-0126R

RESOLUTION REVERSING 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 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) as it relates to the building inspector's enforcement of Section 50-56(b)(7) (dispersion of dwellings); 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 disagrees with the findings made by the board of zoning appeals pursuant to Sections 50-49 of the Code and that the allowance of a duplex in a residential single-family zoning district can be made in this case;

NOW, THEREFORE, BE IT RESOLVED, that the city council of Duluth finds the following:
(a) The character and use of other adjacent property and other property in the immediate neighborhood is __________________________________;
(b) There exists 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, the condition being ________________________________________________________________________;
(c) This condition listed above, would result in particular and exceptional practical difficulties to the legal use of the property, those difficulties being ______________________________________________________, such that the granting 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, and so the granting of the application is necessary for the preservation and enjoyment the owner's substantial property right of ___________________________________________________________________, 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; and

The use of the property as a two-family dwelling is an allowed use in an R-1 zone because ___________________.

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


STATEMENT OF PURPOSE:  This resolution reverses 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). In approving this resolution the city council is required to provide the necessary factual findings upon which it relies to support its decision.