Curry v. Young

Knutson, Chief Justice.

Defendant city of Minneapolis appeals from an order deny-ings its motion for summary judgment in this action brought by plaintiffs as owners of the southerly portion of Lot 14, Block 3, Lowry’s First Subdivision of Columbia Heights, to compel the city to grant a setback variance from a zoning ordinance and a building permit to enable plaintiffs to build a dwelling house on the lot. The zoning ordinance, which was adopted in 1963, requires a setback of 25 feet from the street.

The trial court found that plaintiffs’ lot, in the absence of a variance, would be unusable for…