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RESOLUTION REVERSING 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) 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
(d) The city planning commission, at a Tuesday, March 11, 2025, regular meeting, after (1) testimony from 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
(e) 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
(f) 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
(g) The city council heard the appeal at its April 28, 2025, meeting; and
(h) The city council finds that the Application demonstrated that the city approved the construction and use of the Applicant’s proposed off-street parking area in 1977 and it has existed and been in use since that time; and
(i) The city council therefore concludes the Application is consistent with Chapter 50 of the Code, the comprehensive plan, and the general health, safety, and welfare of the citizens of Duluth.
FURTHER RESOLVED, that the decision of the planning commission to deny the Application for an interim use permit for a vacation dwelling unit at 608 W 4th St., Unit 3 is reversed on the following grounds:
(a) The Application is consistent with Chapter 50 of the Code and satisfies the requirements for a vacation dwelling units under Section 50-20.3.V of the Code; and
(b) The Application is consistent with the comprehensive plan; and
(c) The Application will allow reasonable use of the land; and
(d) The Application does not negatively impact the health, safety, or welfare of the citizens of Duluth.
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, a copy of which is attached as Attachment D.
(b) 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 Chapter 50.
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 608 W 4th St, Unit 3. Appellant Justin Voegele filed an appeal on March 20, 2025.
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.