Title
RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A PRIVATE CLUB IN AN R-2 ZONE DISTRICT.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council hereby grants Joseph Durbin of Duluth MakerSpace an interim use permit to operate a Private Club for Duluth MakerSpace located at 2623 West 2nd Street, and as described as:
LOTS 425 427 E ½ 429 OF BLOCK 085 OF DULUTH PROPER SECOND DIVISION; and
(b) Minnesota Statutes Section 462.3597 authorizes the city to issue an interim use permit that allows a use to exist until a specified date or until an amendment to this chapter authorizes or prohibits that use; and
(c) The city council finds that a time limit is needed to protect the public health, safety and welfare from potential longer term impacts of the requested use at this location; and
(d) The interim use permit shall remain in effect for up to six years following the effective date of this resolution, or until there is a change in ownership of the property, whichever occurs first; and
(e) Pursuant to Section 50-20.3.U and Section 50-37.10.D of the Duluth City Code, 1959, as amended, the applicant applied for an interim use permit and the application was duly referred to the city planning commission (PL 17-064); the commission gave due notice of public hearing and considered the application during a public hearing occurring on May 9, 2017; and
(f) The city planning commission, at their regular meeting on
May 9, 2017, considered the application’s consistency with the use specific standards for private club use and the criteria for granting interim use permits and voted to recommend approval of an interim use permit for a private club subject to the conditions listed below; and
FURTHER RESOLVED, that an interim use permit for the subject property, is approved subject to the following conditions:
a) The Interim Use Permit shall not be effective until the applicant has received all required permits for occupancy, construction, and building repairs; and
No Certificate of Occupancy shall be granted until all the required screening and landscaping has been installed.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution grants to Joseph Durbin an interim use permit for a private club at 2623 West 2nd Street. The interim use permit remains in effect for six years, or until the property changes hands, whichever occurs first. A club or lodge is allowed as a special use in an R-2 district; due to potential health, safety, or welfare impacts that this use may have on the neighborhood, the planning commission recommended that the city council approve this use as an interim use permit.
The applicant will need to meet the requirements of dense urban screen and the proposed fencing will need to be installed along the parking stalls before a permit can be issued.
On May 9, 2017, the city planning commission held a public hearing on the proposal and heard testimony from citizens. The planning commission voted 7 yeas, 0 nays, and 0 abstentions, with 2 commissioners absent, to recommend that the city council approve the interim use permit with conditions.
Request filed: April 4, 2017
Action deadline: August 2, 2017
Petitioner:
Joseph Durbin.
5467 Dunaiski Rd
Duluth, MN 55811
PL 17-046