BY PRESIDENT NESS:
BE IT RESOLVED, that the council has heard the appeal of David Mark Ridgewell of the decision of the board of zoning appeals denying the applicant’s 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 his own, from enjoying a reasonable use of the property because the site is of sufficient dimension to allow a reasonably sized addition to the existing structure to meet the setback requirements imposed on it by the Code.
BE IT FURTHER RESOLVED; that the board of zoning appeals’ decision of September 27, 2005, is hereby affirmed by the city council and any previous resolution in conflict with this resolution is overruled.
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. 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 January 7, 2006, which is 120 days from the date of application.
Application date: September 9, 2005 Final action date: January 7, 2006