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RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 7 NORTH 19TH AVENUE WEST, UNIT 3, LOCATED IN THE F-5 MID-RISE COMMUNITY SHOPPING AND OFFICE FORM DISTRICT (NEWCASTLE 8, LLC).
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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 “Code”), the applicant applied for an interim use permit and the application was duly referred to the city planning commission (planning commission file no. PL 20-191);
WHEREAS, the commission gave due notice of public hearing to consider the application during a public hearing to occur on January 12, 2021; and
WHEREAS, the city planning commission, at its regular meeting on January 12, 2021, 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 the city council finds that:
(a) That applicant’s application for an interim use permit for a vacation dwelling unit was duly referred to the planning commission as file no. PC 20-191, that the commission gave due notice of a public hearing to be held at its regularly scheduled meeting of January 12, 2021, that said hearing was held, that the application was duly considered at said meeting and that the commission voted to recommend approval of an interim use permit for a vacation dwelling unit subject to the conditions listed below.
(b) Based on the evidence in the record of the application for an interim use permit for a vacation dwelling unit contained in PL 20-191 and on the testimony and evidence received during the public hearing, the application, as so modified, is consistent with the use specific standards for vacation dwelling units and the criteria for granting interim use permits contained in Section 50-20.3 U and Section 50-37.10 D of the Code.
(c) 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.
FURTHER RESOLVED, that the city council hereby grants Newcastle 8, LLC an interim use permit to operate an two-bedroom vacation dwelling unit for up to 5 guests located in the F-5, mid-rise community shopping and office District at 7 North 19th Avenue West legally described below, subject to the conditions set forth below:
NLY 62 FT OF LOT 305 AND ELY 1 FT OF NLY 62 FT OF LOT 307, BLOCK 054, DULUTH PROPER SECOND DIVISION
FURTHER RESOLVED, that the land use supervisor is authorized to issue an interim use permit for a vacation dwelling unit on the subject property (in the form of that attached hereto as Exhibit A) 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 required by the Code and by State statute and provided copies thereof to the land use supervisor; and
b) Said 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
c) The applicant shall adhere to the terms and conditions listed in said permit
FURTHER RESOLVED, that the land use supervisor may approve such changes or modifications to the applicant’s plans as included in applicant’s application as are otherwise authorized under the Code, provided that no such administrative approval shall constitute a variance from Chapter 50.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution grants to Newcastle 8, LLC an interim use permit for a 2-bedroom vacation dwelling unit at 7 North 19th Avenue West, Unit 3. 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-5 Mid-Rise Community Shopping and Office 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 January 12, 2021, 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 2 abstentions, to recommend that the city council approve the interim use permit with conditions.
Request filed: December 11, 2020
Action deadline: April 10, 2021