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RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DECISION TO DENY AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 608 W 4TH ST, UNIT 3.
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CITY PROPOSAL:
RESOLVED, that the city council finds and concludes as follows:
(a) That on November 2, 2024, Justin Voegele (“Applicant”) submitted an application (PLIUP-2411-0018) for a vacation dwelling unit permit at 608 W 4th Street, Unit 3 (“Application”); and
(b) Based on the findings stated in the staff report, a copy of which is attached as Attachment A, staff recommended denial of the Application on the grounds that the application failed to demonstrate compliance with the parking standards in Section 50-20.3.V.3 of the Duluth City Code (the “Code”), which require operators of one-bedroom vacation dwelling units to provide at least one legally authorized off-street parking space and the Applicant proposed a parking space located in the property’s front yard in violation of the parking restrictions in Section 50-24.4 of the Code for residentially zoned property; and
(c) Although the Applicant has stated that a building permit and site plan issued in 1977 previously authorized use of the proposed front-yard parking stall, staff review of the 1977 records shows: (1) the permit approved construction of a residential building addition and deck and did not authorize the use of a front-yard parking stall, and (2) even assuming the permit did authorize front yard parking, the city lacked authority to issue such approval because the Code has continuously prohibited front yard parking spaces in residential districts since at least 1958.
(d) Pursuant to Section 50-37.1 of the Duluth City Code, as amended, the Application 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 March 11, 2025, regular meeting; and
(e) The city planning commission, at a Tuesday, March 11, 2025, regular meeting, after (1) testimony from Applicant and staff, (2) received evidence from the Applicant regarding the above-referenced 1977 building permit, and (3) took notice that the planning commission had previously issued a vacation dwelling unit permit for the subject property; and
(f) The city planning commission adopted the staff findings and denied the Application because it failed to demonstrate compliance with the parking standards in Section 50-20.3.V. of the Code, and issued an action letter, a copy of which is attached as Attachment B; and
(g) On March 20, 2025, the city received an appeal from the Applicant, a copy of which is attached as Attachment C, appealing the planning commission’s denial of the Application; and
(h) The city council heard the appeal at its April 28, 2025, meeting; and
(i) The city council is encouraged to make decisions on planning applications pursuant to the criteria in Section 50-37.1.J of the Code, which places the burden of proving compliance with the UDC on the Applicant and states, in part, the city “shall deny or recommend denial of [an] application or approve it with conditions…” if the application does not comply with the requirements of Chapter 50 of the Code; and
(j) The city council finds the one off-street parking stall proposed by the Applicant is located in the property’s front yard; and
(k) Section 50-24.4 of the Code prohibits parking in the front yard of residentially zoned properties; and
(l) The city council concludes that the Applicant has (1) failed to demonstrate that the 1977 city building permit authorized the proposed front-yard parking stall, and (2) even assuming the permit did authorize the proposed parking stall, the City lacked authority to issue such approval because the Code has continuously prohibited front yard parking spaces in residential districts since at least 1958 (see Ord. No. 7158, § 20.3.3), and the past errors of city officials do not legally justify approval of new or continued uses that violate the UDC (see Mohler v. City of St. Louis Park, 643 N.W.2d 623, 634 (Minn. Ct. App. 2002)).
(m) The city council adopts the findings and conclusions of staff and the planning commission, and concludes the Applicant does not meet the use-specific standards to operate a vacation dwelling unit, as the property does not have the required legal off-street parking stalls required under Section 50-20.3.V. of the Code.
FURTHER RESOLVED, that the decision of the planning commission to deny the Application for an interim use permit for a vacation dwelling unit is affirmed on the grounds that the Application does not comply with the requirements of Chapter 50 of the Code, and does not promote the best interests of the city and the general health, safety, or welfare of the citizens of Duluth.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution affirms the planning commission’s decision to deny the interim use permit for a vacation dwelling unit at 608 W 4th St, Unit 3. Appellant Justin Voegele filed an appeal on March 20, 2025.
The subject property does not have the required off-street parking space. The off-street parking space proposed by the applicant is prohibited under UDC 50-24.4, so the application does not satisfy the off-street parking requirement to operate a vacation dwelling unit under 50-20.3.V.3.
The city planning commission held a public hearing for the request on March 11, 2025, and voted 5 yeas and 4 nays to deny the interim use permit.
City Council Appeal Received: March 20, 2025.
Complete Application Received: November 2, 2024.
Action Deadline for Application: April 30, 2025