04-0751R


RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A VARIANCE TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 25 FEET TO 22 FEET AND THE MINIMUM REAR YARD SETBACK FROM 25 FEET TO 19 FEET FOR THE CONSTRUCTION OF AN EIGHT UNIT CONDOMINIUM/TOWNHOUSE BUILDING ON PROPERTY LOCATED AT 908-26 LAKE AVENUE SOUTH.

BY COUNCILOR GILBERT:

     WHEREAS, Sola Properties, LLC, has applied to the board of zoning appeals for a variance to reduce the minimum front yard setback from 25 feet to 22 feet and the minimum rear yard setback from 25 feet to 19 feet for the construction of an eight unit condominium/townhouse building on property located at 908-26 Lake Avenue South and legally described as Lots 187, 189, 191, 195 & 197, Upper Duluth - Lake Avenue; and

     WHEREAS, the board of zoning appeals denied the variance to reduce the front yard and rear yard setbacks 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, Steven Sola 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 front yard and rear yard setback requirements 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 a 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 October 26, 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 front yard setback from 25 feet to 22 feet and the minimum rear yard setback from 25 feet to 19 feet for the construction of an eight unit condominium/townhouse building on property located at 908-26 Lake Avenue South. The zoning board determined that the applicant failed to present evidence supporting a conclusion that a hardship existed.