Title
RESOLUTION REVERSING THE PLANNING COMMISSION'S DECISION TO DENY A VARIANCE FROM A SIDE YARD SETBACK FOR GARAGE AT 1231 W 4TH STREET.
Body
CITY PROPOSAL:
RESOLVED, that the city council finds and concludes as follows:
(a) That on March 4, 2024 Katherine Mueller and Kevin Farnum submitted an application (PL24-021) for a variance request from side yard setbacks at 1231 W 4th Street, wWith final information constituting a complete application being submitted on April 16, 2024; and
(b) A sufficient petition was filed with the city requesting the variance; and
(c) Pursuant to Section 50-37.9 of the Duluth City Code, as amended, such petition was duly referred to the city planning commission and such commission gave due notice of public hearing and did consider the same in a public hearing at a May 14, 2024 regular meeting; and
(d) After considering public testimony and information from the applicant, documented in Attachment A, the planning commission, at the May 14, 2024 regular meeting, denied the variance request with a vote of 5 yeas, 2 nays and 0 abstentions to deny the variance; and
(e) The planning commission's findings and conclusions in support of its denial are set out in the May 15, 2024 action letter, documented in Attachment B; and
(f) That on May 24, 2024, the city received notice of appeal from Katherine Mueller, a copy of which is attached as Attachment C, requesting the city council reverse the planning commission's denial; and
(g) That the city council heard the appeal at its July 15, 2024 meeting; and
(h) That the city council finds that the application is a request for a variance to reduce the 15 feet side yard setback for location of a detached garage and placement of a solar energy system on the roof of said detached garage; and
(i) That the city council finds bedrock presence on the property is so extensive resulting in practical difficulties to the applicant that placing a garage per applicant's request is the only reasonable locat...
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