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RESOLUTION REVERSING THE PLANNING COMMISSION'S DECISION TO DENY AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 809 W 4TH ST .
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CITY PROPOSAL:
RESOLVED, that the city council finds as follows:
(a) On October 15, 2024, Brian Mooers (the "Applicant") submitted an application, PLIUP- 2410-0012, for an interim use permit for a vacation dwelling unit at 809 W 4th Street (the "Application"); and
(b) Based on the findings stated in the staff report, a copy of which is attached as Attachment A, staff recommended approval of such Application for an interim use permit subject to standard conditions of adherence to terms and conditions of the interim use permit, screening requirements, and alternation approval procedures; and
(c) The staff report included a finding that Applicant had been notified of a zoning
enforcement action for violation of Applicant's accessory home share permit by renting out more than the approved bedroom amount and not occupying the unit at 809 W 4th Street, and for violation of city code at 811 W 4th Street by operating a vacation dwelling unit without a permit; and
(d) Applicant was notified of the zoning enforcement action by city planning staff by phone
call on October 31, 2024, and by certified mail received on November 7, 2024; and
(e) Pursuant to Section 50-37.9 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 November 6, 2024 special meeting; and
(f) The planning commission made findings that, on November 6, 2024, the Applicant was
(1) in violation of an accessory home share permit at 809 W 4th Street and (2) in violation of a long-term rental license by renting the unit at 811 W 4th Street for short-term stays; and
(g) The planning commission denied the interim use permit because the request is not in harmony with the purposes and intent of the Unified Development Code (the "UDC")., and issued an action letter, a copy of which is attached as Attachment B; and
(h) On November 12, 2024, the city received Applicant's appeal, a copy of which is attached as Attachment C, appealing the planning commission's decision; and
(i) The city council heard the appeal at its December 9, 2024 meeting; and
0) That the city council finds that the Applicant, on the date of the planning commission decision, was in violation of the issued accessory home share permit at 809 W 4th Street; and
(k) That the city council finds that the Applicant, on the date of the planning commission decision, was in violation of their long-term rental license by renting for short-term stays at 811 W 4th Street; and
(I) The city council finds that, following written notice of the zoning code violations, the Applicant has taken steps to correct said violations at 809 W 4th Street and 811 W 4th Street such as updating the listing and allowable rental period; and
(m)That the city council finds that the granting of the Application will allow for use of a vacation dwelling unit bringing the property at 809 W 4th Street into compliance with the UDC.
FURTHER RESOLVED, that the decision of the planning commission to deny the application for an interim use permit for a vacation dwelling unit at 809 W 4th St is reversed on the following grounds:
(a) The request is in harmony with the purposes and intent of the UDC because granting the Application will allow for use of a vacation dwelling unit bringing the property at 809 W 4th Street into compliance with the UDC; and
(b) The Application complies with all applicable provisions of the UDC and is consistent with the use specific standards for vacation dwelling units in UDC section 50-20.3.V and the criteria for granting interim use permits in section 50-37.10; and
(c) The request is consistent with the comprehensive plan; and
(d) The request will allow reasonable use of the land; and
(e) The request does not negatively impact the health, safety, or welfare of the general public.
FURTHER RESOLVED, that the Application is hereby approved with the following conditions:
(a) The applicant shall adhere to the terms and conditions listed in the interim use permit; and
(b) The applicant shall construct, or obtain waivers from the screening requirement, prior to receiving the interim use permit; and
(c) Any alterations to the approved plans that do not alter major elements of the plan may be approved by the land use supervisor without further planning commission review; however, no such administration approval shall constitute a variance from the provisions of the UDC.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution reverses with conditions the planning commission's decision to deny the interim use permit for a vacation dwelling unit at 809 W 4th St. Appellant Brian Mooers filed an appeal on November 12, 2024.
The subject property was found to be operating in violation of the approved Accessory Home Share permit. Approving this permit will bring the property into compliance with the Unified Development Code.
Planning commission held a public hearing for the request on November 6, 2024. The planning commission voted 6 yeas and O nay to deny the interim use permit.
Complete Application Received: October 15, 2024 City Council Appeal Received: November 12, 2024 Action Deadline for Application: February 12, 2025