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RESOLUTION REVERSING THE PLANNING COMMISSION’S DECISION TO APPROVE A PLANNING REVIEW FOR A HOTEL AT SUNDBY ROAD AND W PAGE STREET.
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CITY PROPOSAL:
RESOLVED, that the city council finds and concludes as follows:
(a) That on August 10, 2022, Kinseth Hotel Corporation submitted an application (PL 22-143) for a planning review for a hotel at Sundby Road and W Page Street, on Parcel 010-2710-04594, with final information constituting a complete application being submitted on September 7, 2022; and
(b) A sufficient petition was filed with the city requesting the planning review; and
(c) Pursuant to Section 100 of the City Charter and Section 50-37 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 same in a public hearing on September 13, 2022; and
(d) After considering public testimony, the planning commission tabled the item for more information and to ensure adequacy of mail notice as required under Section 50-37.1.H of the Duluth City Code. At the subsequent planning commission meeting on Tuesday, October 11, 2022, the planning commission reopened the public hearing; and
(e) According to Chapter 50 of the City Code, planning commission shall approve a planning review if it is determined that the application complies with all applicable provisions of the chapter; and
(f) The planning commission, at a Tuesday, October 11, 2022 regular meeting, after considering public testimony and information from the applicant, which is documented in Attachment 1, approved the planning review with a vote of 7 yeas, 1 nay, and 0 abstentions; and
(g)The planning commission’s findings and conclusions in support of its approval are set out in its October 13, 2022 action letter, which is Attachment 2 hereto; and
On October 21, 2022, the city received a notice of appeal from Ben Fye, a copy of which is attached as Attachment 3, requesting the city council reverse the planning commission’s approval; and
(h) The city council heard the appeal at its December 19, 2022 meeting; and
(i) The city council finds that the adjacent houses on Osage Street and W Page Street will have significant impacts from the proposed hotel, including impacts potentially inconsistent with the city’s comprehensive plan, that the planning commission should have considered; and
(j) The city council concludes that because the planning commission failed to consider those impacts, it erred when decided the application satisfied all applicable provisions in Chapter 50, and the application should be denied
FURTHER RESOLVED, that the applicant's appeal of the decision of the planning commission denying the planning review is granted, the decision of the commission approving the planning review is reversed, and the application is hereby denied.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution reverses the approval of the planning review for a 4-story hotel at Sundby Road and W Page Street. Appellant Ben Fye filed an appeal on October 21, 2022. The appellant’s letter requested that four nearby addresses be allowed to obtain short-term rental licenses; however, this request is not a legal authorized use under the zoning regulations.
In 2009, the owner of the subject property applied for rezoning from R-1-b (one-family residential) and Suburban to C-5 (commercial) in 2009 (FN 09004; ordinance 9963). Planning commission recommended denial in part because the comprehensive plan’s designation for the area did not support rezoning. City council voted 8 yeas and 1 nay to pass the rezoning. When the Unified Development Chapter was adopted in 2010, all C-5 zone districts were converted to the new Mixed Use Commercial (MU-C) zoning. MU-C districts require a planning review by planning commission.
This proposal for a hotel requires a planning review because it is in an MU-C district. The criteria for approval for a planning review is that the application must meet all zoning regulations in the UDC. The planning commission shall approve the planning review or approve it with modifications, if it is determined that the application complies with all applicable provisions of the chapter.
Planning commission held public hearings on September 13 and October 11, 2022, on the proposal. At its October 11, 2022 regular meeting, the commission voted 7 yeas, 1 nay, and 0 abstentions to approve the planning review.
Complete Application Received: September 7, 2022
City Council Appeal Received: October 21, 2022
City Council Action Deadline under Minn. Stat. § 15.99: March 6, 2023