DISCLAIMER

 

06-0132R


RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A VARIANCE TO REDUCE THE MINIMUM STREET FRONTAGE REQUIREMENT IN A SUBURBAN DISTRICT FROM 250 FEET TO ZERO FEET FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING ON VACANT LAND WITH ACCESS EASEMENT OFF SWAN LAKE ROAD, LEGALLY DESCRIBED AS N1/2 OF SW1/4 OF SW1/4 OF SE1/4 OF SECTION 7, TOWNSHIP 50, RANGE 14 (DENNIS JENSEN).

BY COUNCILOR GILBERT:

     BE IT RESOLVED, that the council has heard the appeal of Dennis Jensen of the decision of the board of zoning appeals denying 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; and in order to constitute a buildable lot, the land in question must have at least one border that is on a street, a public open space, or a public passageway that connects to a public street at each end (DCC 50-1.43, 50-1.77, 50-1.30, 50-1.44, 50-1.54, Blacks Law Dictionary).

     BE IT FURTHER RESOLVED, that the board of zoning appeals’ decision of January 24, 2006, is hereby affirmed by the city council.


STATEMENT OF PURPOSE:  Dennis Jensen applied to the board of zoning appeals for a variance to reduce the minimum street frontage requirement in a suburban district from 250 feet to zero feet for the construction of a single family dwelling on vacant land with access easement off Swan Lake Rd. and legally described as N1/2 of SW1/4 of SW1/4 of SE1/4 of Section 7, Township 50, Range 14.


The board of zoning appeals denied the variance to reduce the minimum street frontage because it determined that the code requires that this lot have 250 feet frontage on a street, public open space, or passageway that connects two streets. A private driveway or easement will not comply. The applicant did not show such frontage to the board of zoning appeals. They concluded that no hardship to the property existed which constituted special circumstances or conditions applying to the land in question which was peculiar to such property and that did not apply generally to other land 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 May 6, 2006, which is 120 days from the date of application.

 

APPLICATION DATE:      January 6, 2006

FINAL ACTION DATE:     May 6, 2006