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 M. Burns has appealed the aforesaid decision to the Duluth City Council; and
WHEREAS, the city council has considered this appeal and disagrees with the decision of the board of zoning appeals and finds that the granting of a variance to reduce the minimum corner side yard setback requirement is appropriate in this case.
NOW, THEREFORE, BE IT RESOLVED, the council finds that the location and topography of the property in relation to the St. Louis Bay and the need of the applicant to modernize the dwelling, constitute factors and circumstances that are unique to the subject property and which prevent the applicant, through no fault of their own from making a reasonable use of the property in conformance with the requirements of the zoning code.
FURTHER RESOLVED, by the city of Duluth that the board of zoning appeals’ decision of September 28, 2004, is hereby reversed by the city council and the appeal is granted.
STATEMENT OF PURPOSE: This resolution reverses 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 disagreed with the board’s findings and determined that a physical characteristic peculiar to the property prevented the owner from exercising a substantial property right, and that granting a variance would not result in negative impacts on the surrounding neighborhood. The council determined that granting a variance would not violate the requirements of the zoning code.