Title
RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 11 SOUTH 54TH AVENUE EAST, LOCATED IN THE F-2 LOW-RISE NEIGHBORHOOD MIX FORM DISTRICT.
Body
CITY PROPOSAL:
WHEREAS, 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 20-140); the commission gave due notice of public hearing and considered the application during a public hearing occurring on October 13, 2020; and
WHEREAS, the city planning commission, at their regular meeting on October 13, 2020, 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
WHEREAS, 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.
RESOLVED, that:
(a) The city council hereby grants Sarah & Seth Maxim an interim use permit to operate a two-bedroom vacation dwelling unit for up to 5 guests located in the F-2 Low-Rise Neighborhood Mix Form District at 11 South 54th Avenue East described as:
REARRANGEMENT BLOCK 119 LONDON ADDITION DULUTH
LOTS 11 AND 12 EX NLY 60 FT AND INC PART OF VAC 54TH AVE E EX ALL THAT PART OF LOT 11 AND VACATED 54TH AVE E DESCRIBED AS FOLLOWS COMM ON A PT ON THE WLY LINE OF 54TH AVE E AFTER THE SAME WAS PARTIALLY VACATED AND WHICH WLY LINE IS NOW LOCATED 66 FT W OF AND PARALLEL TO THE E LINE OF 54TH AVE E AND A LINE 60 FT S AND PARALLEL WITH S LINE OF SUPERIOR ST THENCE SWLY A DISTANCE OF 20 FT TO PT "A" WHICH IS PT OF BEG THENCE FROM PT OF BEG NELY A DISTANCE OF 20 FT ALONG THE WLY BOUNDARY OF 54TH AVE E TO A LINE 60 FT S AND PARALLEL TO THE S LINE OF SUPERIOR ST THENCE S 10 FT ALONG A LINE PERPENDICULAR TO THE LINE 60 FT S AND PARALLEL WITH S LINE OF SUPERIOR ST TO PT "B" THENCE SELY 38 FT TO PT OF BEG
(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 20-140); the commission gave due notice of public hearing and considered the application during a public hearing occurring on October 13, 2020; and
(f) The city planning commission, at their regular meeting on October 13, 2020, 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 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
c) The applicant must provide a written disclosure to all guests stating that quiet hours shall be observed between the hours of 10 p.m. and 8 a.m. in addition to other disclosures required by the Unified Development Chapter.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution grants to Sarah & Seth Maxim an interim use permit for a 2-bedroom vacation dwelling unit at 11 South 54th Avenue East. The interim use permit remains in effect for six years, or until the property changes hands, whichever occurs first.
The site is located in the F-2 Low-Rise Neighborhood Mix form district. Consistent with UDC provisions, there is not a restriction on the total number of vacation dwelling units on property located in form-based zoning districts.
The applicant has applied for all the required inspections and licenses.
On October 13, 2020, the city planning commission held a public hearing on the proposal and heard testimony from citizens. The planning commission voted 6 yeas, 0 nays, and 0 abstentions, to recommend that the city council approve the interim use permit with conditions.
Request filed: September 8, 2020
Action deadline: January 6, 2021