Title
RESOLUTION AFFIRMING THE PLANNING COMMISSION'S DECISION TO DENY AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 809 W 4TH ST.
Body
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"...
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