DISCLAIMER

05-0582R


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 20 FEET AND TO EXCEED THE ALLOWANCE FOR PROJECTIONS INTO A FRONT YARD WITH A STAIRWAY AT FIVE FEET FROM THE PROPERTY LINE FOR THE CONSTRUCTION OF A TWO FAMILY DWELLING ON PROPERTY LOCATED AT 3129 MINNESOTA AVENUE (MARICK DEVELOPMENT, INC., BY DANIEL MADDY).

BY COUNCILOR GILBERT:

     BE IT RESOLVED, that the council has heard the appeal of Marick Development, Inc., of the decision of the board of zoning appeals denying applicants’ variance request and finds that there does 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.

     BE IT FURTHER RESOLVED; that the board of zoning appeals’ decision of July 26, 2005, is hereby affirmed by the city council.


STATEMENT OF PURPOSE:  Marick Development, Inc., applied to the board of zoning appeals for a variance to reduce the minimum front yard setback from 25 feet to 20 feet and to exceed the allowance for projections into a front yard with a stairway at five feet from the property line for the construction of a two family dwelling on property located at 3129 Minnesota Avenue and legally described as Lots 255 and 257, Minnesota Avenue, Lower Duluth, and Lots 256 and 258, St. Louis Avenue, Lower Duluth.


The board of zoning appeals denied the variance to reduce the front yard setback because it determined that a legal conforming dwelling could be designed to fit this lot without needing a variance. Thus, they concluded 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. The applicant has appealed to the Duluth City Council.


This resolution affirms the decision of the board of zoning appeals to deny the variance request based upon the reasons provided by the appeals board.


Pursuant to Minn.Stat.§ 15.99, the city council must act no later than November 5, 2005, which is 120 days from the date of application.


APPLICATION DATE: July 8, 2005

FINAL ACTION DATE: November 5, 2005