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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...
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