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RESOLUTION AFFIRMING 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 staff by phone 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 a 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 an appeal from the Applicant, a copy of which is attached as Attachment C, appealing the planning commission's decision; and
(i) That the city council heard the appeal at its December 9, 2024 meeting; and
U) That the city council finds the Applicant, on the date of the planning commission decision, was in violation of the accessory home share permit at 809 W 4th Street by (1) failing to occupy the unit as required under UDC section 50-20.5.G, (2) renting more bedrooms than the amount authorized under the permit and (3) operating a vacation dwelling unit without a permit; and
(k) That the city council finds that the Applicant, on the date of the planning commission decision, was in violation of the long-term rental license at 811 W 4th Street by renting for short-term stays, thereby operating a vacation dwelling unit without a permit; and
(I) That the city council finds that there are currently 167 licensed vacation dwelling units in the city, with 80 of those in form districts, and 87 are subject to a cap of 100, with 72 potential applicants on the eligibility list; and
(m) The city council is encouraged to make decisions on planning applications pursuant to the criteria in UDC section 50-37.1.J; and
(n) Under UDC section 50-37.1.J, the burden of proving compliance with the UDC rests with the Applicant, and the city "shall deny or recommend denial of [an] application or approve it with conditions ... " if, in part, an application does not comply with the requirements of the UDC; and
(o) Under UDC section 50-39.1.A, 12, it shall be a public nuisance to use any dwelling unit as a vacation dwelling unit without the approvals or permits required under the UDC; and
(p) The city council finds, at the time Applicant submitted the Application, the Applicant was already advertising and operating vacation dwelling units without a permit at 809 W 4th Street and the adjoining property located 811 W 4th Street, and UDC section 50.39.2.C further authorizes the city to, among other remedies, issue an order requiring compliance, issue administrative citations, withhold permits or approvals on applications, or take action to prevent violations of 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 is affirmed on the following grounds:
(a) The Application is not in harmony with the purposes and intent of the UDC because
(1) The Applicant was found to be operating a vacation dwelling unit without a permit and failed to come into compliance, following proper written notice of such violations; and
(2) City council concludes that granting the interim use permit for a vacation dwelling unit at 809 W 4th Street would be inequitable and unfair to potential applicants on the waiting list.
(b) The Application impacts the health, safety, or welfare of the general public because:
(1) The city council has determined that operating a vacation dwelling unit requires an interim use permit because time limits and development terms established to protect the public health, safety, and welfare from potential longer-term impacts of the requested use and impose safety and inspection requirements; and
(2) The city council has established a cap on the number of vacation dwelling units, not located in a form district, because the city has an interest in inspecting all vacation dwelling units for safety ,preserving traditional neighborhoods, and maintaining housing stock for residents; and
(3) The Applicant's operation of vacation dwelling units without a permit puts the health, safety and welfare of the general public at risk by exceeding the number of vacation dwelling units established by city council and putting the public at risk of renting a unit that is not subject to the city's inspection and development terms.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution affirms the planning commission's decision to deny an 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 an Interim Use Permit for a property that is not compliant with the existing Accessory Home Share permit is not consistent with the intent of the Unified Development Code.
Planning commission held a public hearing for the request on November 6, 2024. The city 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