BY COUNCILOR GILBERT:
WHEREAS, John K. Baker, Paul T. Larson and James V. Erlemeier appealed to the board of zoning appeals the decision of the building inspector to deny a certificate of occupancy for the use of property for private commercial purposes, located at 24 East Willow Street and legally described as the easter;y 125 feet of Lot 8, Block 3, Central Acres; and
the board of zoning appeals denied the appeal upon the following grounds
WHEREAS, John K. Baker, Paul T. Larson and James V. Erlemeier have 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(a);
NOW, THEREFORE, BE IT RESOLVED, that the city council of Duluth finds that that the proposed use is not a use within the scope of the special use permit issued to St. Louis County and that the applicant does not have a substantial property right to use of the property for private commercial purposes on property which is located in an R-1 zone.
FURTHER RESOLVED, the council finds that it lacks the legal authority to authorize a use which is prohibited 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.