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 easterly 125 feet of Lot 8, Block 3, Central Acres; and
WHEREAS, the board of zoning appeals had jurisdiction to hear appeals of the building official's decision pursuant to Section 50-47(a) of the Duluth City Code; and
board of zoning appeals denied the appeal upon the following grounds and
WHEREAS, John K. Baker, Paul T. Larson and James V. Erlemeier have appealed the aforesaid decision to the Duluth City Council pursuant to Section 50-49 of the Duluth City Code; and
WHEREAS, the city council has considered this appeal and hereby disagrees with the findings made by the board of zoning appeals and has concluded that the allowance of private commercial use in a residential single-family zoning district can be made in this case and that a certificate of occupancy may be issued;
BE IT RESOLVED, that the city council of Duluth finds the following:
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 a certificate of occupancy for the use of property for private commercial purposes in an single-family zoning district on property located at 24 East Willow Street. In approving this resolution the city council is required to provide the necessary factual findings upon which it relies to support its decision. The failure to make findings weakens the ability to defend the council's action if its decision is subject to judicial challenge.