BY COUNCILOR GILBERT:
BE IT RESOLVED, the city council has heard the appeal of David Mark Ridgewell of the decision of the board of zoning appeals denying applicants’ variance request and that the city council finds that, by reason of [condition of land], strict application of the zoning code to this property would result in [practical difficulty or undue hardship] to the owner, that relief therefrom may be granted without substantial detriment to the public good and without substantially impairing the intent of the zoning plan and the zoning code, that special circumstances or conditions applying to the building or land in question which are peculiar to such property or immediately adjoining property, and do not apply generally to other land or buildings in the vicinity and __________ that granting of the application is necessary for the preservation and enjoyment of a substantial property right, the right of __________ and not merely to serve as a convenience to the applicant and that authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets or increase the danger of fire or imperil the public safety or unreasonably diminish or impair established property values within the surrounding areas or in any other respect impair the health, safety, comfort, morals or general welfare of the inhabitants of the city.
BE IT FURTHER RESOLVED, by the city of Duluth that the board of zoning appeals’ decision of September 27, 2005, is hereby reversed by the city council and the variance request is granted.
STATEMENT OF PURPOSE: David Mark Ridgewell applied to the board of zoning appeals for a variance to reduce the minimum side yard setback on a corner lot from 20 feet to ten feet for the construction of an addition to an existing detached garage on property located at 322 North 80th Avenue West and legally described as Lots 15, 16 and 17, Block 28, Nortons Fairmont Park Division.
The board of zoning appeals denied the variance to reduce the corner side yard setback because it determined that the owner could design a conforming addition 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 reverses the decision of the board of zoning appeals to deny the variance request to reduce the minimum corner side yard setback from 20 feet to ten feet for the construction of a 904 square foot addition to an existing 576 square foot detached garage on property located at 322 North 80th Avenue West.
If the city council approves this resolution it is required to state the factual basis for its findings in the blank spaces provided in the body of the resolution. Such factual findings are required by the district court in order to avoid a determination that the decision was arbitrary and capricious.
Pursuant to Minn Stat. §15.99, the city council must act no later than January 7, 2006, which is 120 days from the date of application.
Application date: September 9, 2005
Final action date: January 7, 2006