BY COUNCILOR GILBERT:
WHEREAS, William M. Burns, attorney on behalf of Alex and Brenda Kramer, has applied to the board of zoning appeals for a variance to reduce the minimum side yard setback on a corner lot from 15 feet to five feet for the construction of an addition to a dwelling on property located at 2635 Minnesota Avenue and legally described as Lots 157 and 159, Lower Duluth - Minnesota Avenue, and Lots 158 and 160, Lower Duluth - St. Louis Avenue; and
WHEREAS, the board of zoning appeals denied the variance to reduce the corner side yard setback because they found that no hardship to the property existed which constituted special circumstances or conditions applying to the building or land in question which was peculiar to such property and that did not apply generally to other land or buildings in the vicinity, and because it was not necessary for the preservation and enjoyment of a substantial property right and was merely a convenience of the applicant; and
WHEREAS, William Burns has appealed the aforesaid decision to the Duluth City Council; and
WHEREAS, the city council has considered this appeal and agrees with the decision of the board of zoning appeals that the granting of a variance to reduce the minimum corner side yard setback requirement is not appropriate in this case; and
WHEREAS, the council finds that there do not exist factors or circumstances that are unique to the subject property which cause the applicant, through no act of their own from enjoying a reasonable use of the property because the site is sufficient in size to be able to allow the proposed structure to meet the setback requirements imposed on it by the code;
NOW, THEREFORE, BE IT RESOLVED, by the city of Duluth that the board of zoning appeals’ decision of September 28, 2004, is hereby affirmed by the city council and the appeal is denied.
STATEMENT OF PURPOSE: This resolution affirms the decision of the board of zoning appeals to deny a request to reduce the minimum side yard setback on a corner lot from 15 feet to five feet for the construction of an addition to a dwelling on property located at 2635 Minnesota Avenue. The council agreed with the board’s findings that there were no physical characteristics peculiar to the property preventing the owner from exercising a substantial property right, and that granting a variance would result in negative impacts on the surrounding neighborhood. The council determined that granting a variance would violate the requirements of the zoning code.