Title
RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 1235 MINNESOTA AVENUE (THOMAS AND MARIANNE THIRY).
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council hereby grants Thomas and Marianne Thiry an interim use permit to operate a two-bedroom vacation dwelling unit for up to five guests located at 1235 Minnesota Ave and as described as: Lot 124, UPPER DULUTH MINNESOTA AVE; 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 16-049); the commission gave due notice of public hearing and considered the application during a public hearing occurring on June 14, 2016; and
(f) The city planning commission, at their regular meeting on June 14, 2016, 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; 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 licenses and permits for operation; and
(b) The applicant shall adhere to the terms and conditions listed in the Interim Use Permit document and provide evidence of compliance, which will be included in the resolution; and
(c) The applicant must disclose to all guests, in writing, the location of the nearest legal access to the Lake Superior beach; and
(d) The applicant must disclose to all guests, in writing, that quiet hours shall be observed between the hours of 10 p.m. and 8 a.m; and
(e) That the Interim Use Permit shall not be effective unless a variance is approved for parking to eliminate the requirement for two on-site off-street parking spaces.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution grants to Thomas and Marianne Thiry an interim use permit for a two-bedroom vacation dwelling unit at 1235 Minnesota Avenue. The interim use permit remains in effect for six years, or until the property changes hands, whichever occurs first.
The applicant has submitted the required materials and agency approvals except the Minnesota Department of Health Lodging License. The applicant does not have the required two off street parking spots. Existing parking is on adjacent property owned by Minnesota Power and the permit holder has a License Agreement for a period of one year and will automatically renew for subsequent terms of one year each to provide parking spaces. It is a condition of this resolution that the permit holder apply for a variance to the required off street parking standard for a vacation dwelling unit. This requirement is related to a planning commission action to recommend that the applicant not construct a curb cut and driveway accessed off of Minnesota Avenue.
The standard length of an interim use permit for this type of use is six years following the effective date of this resolution, or until there is a change in ownership of the property, whichever occurs first.
On June 14, 2016, 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 1 commissioner absent, to recommend that the city council approve the interim use permit with conditions.
Request filed: May 13, 2016
Action deadline: September 9, 2016