Title
RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT IN THE F-8 DOWNTOWN MIX ZONING DISTRICT AT 30 NORTH FIRST AVENUE WEST (JASON TALY AND RACHEL WAGNER).
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council hereby grants Jason Taly and Rachel Wagner an interim use permit to operate a two-bedroom vacation dwelling unit for up to 5 guests located at 30 North First Avenue West, which is also known as 30 West First Street, located in the F-8 form district “Downtown Mix Use, and as described as:
Northerly 40 feet of Lots 14 and 16, Duluth Proper First Division, West First Street, 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 19-117); the commission gave due notice of public hearing and considered the application during a public hearing occurring on September 10, 2019; and
(f) The city planning commission, at their regular meeting on September 10, 2019, considered the application’s consistency with the use specific standards for vacation dwelling units and the criteria for granting interim use permits and voted to recommend approval of an interim use permit for a vacation dwelling unit subject to the conditions listed below.
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 licenses and permits for operation; and
b) The Interim Use Permit shall not be effective until the applicant has provided evidence that property owners within 100 feet of the vacation dwelling unit have been noticed with the applicant and/or their managing agent’s contact information; and
c) The applicant shall adhere to the terms and conditions listed in the Interim Use Permit document and provide evidence of compliance, and any modifications deemed necessary by the Land Use Supervisor, provided that no such administrative approval shall constitute a variance from Chapter 50
The applicant must provide all written disclosures to guests required by the Unified Development Chapter.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution grants to Jason Taly and Rachel Wagner an interim use permit for a two-bedroom vacation dwelling unit at 30 North First Avenue West. The interim use permit remains in effect for six years or until the property changes hands, whichever occurs first.
Applicant has obtained a City of Duluth Tourism Tax permit and has a State Tax ID number for paying sales tax. They have had inspections for the Minnesota Department of Health Lodging License and Duluth Fire Department Operational Permit, but they will need to complete the processes and be issued permits from the two entities before their interim use permit can be issued, as is a condition of this resolution. An additional resolution condition is the applicant must apply for, and be issued, a Hotel/Motel License from the city clerk.
The applicants live within the required distance when the property is rented and will notify the owners within 100 feet of the property with their contact information after council approval, as is a condition of this resolution.
The subject property is zoned F-8 and, therefore, is not subject to the limitation of 60 vacation dwelling unit interim use permits.
On September 10, 2019, the city planning commission held a public hearing on the proposal. The planning commission voted 9 yeas, 0 nays, and 0 abstentions, to recommend that the city council approve the interim use permit with conditions.
Request filed: August 7, 2019
Action deadline: December 5, 2019
PL 19-117