File #: 21-0625R    Name:
Type: Resolution Status: Passed
File created: 8/13/2021 In control: Planning and Economic Development
On agenda: 8/23/2021 Final action: 8/23/2021
Title: RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 5723 GRAND AVENUE, LOCATED IN THE F-3 MID-RISE COMMUNITY SHOPPING FORM DISTRICT, UNIT 1 (STEVE BECKS).
Attachments: 1. Attachment 1, 2. Attachment 2

Title

RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 5723 GRAND AVENUE, LOCATED IN THE F-3 MID-RISE COMMUNITY SHOPPING FORM DISTRICT, UNIT 1 (STEVE BECKS).

 

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 21-117); the commission gave due notice of public hearing and considered the application during a public hearing occurring on August 10, 2021; and

 

                     WHEREAS, following said hearing, the city planning commission, at its regular meeting on August 10, 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:

                     (a)                     The city council hereby grants Steve Becks an interim use permit to operate a studio vacation dwelling unit for up to 2 guests located in the F-3 Mid-Rise Community Shopping Form District at 5723 Grand Avenue Street described as:

LOT 27, BLOCK 141, WEST DULUTH 5TH DIVISION

                     (b)                     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                                          

(c)                     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

                     

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.

Statement of Purpose

STATEMENT OF PURPOSE:  This resolution grants to Steve Becks an interim use permit for a studio vacation dwelling unit at 5723 Grand Avenue.  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-3 Mid Rise Community Shopping 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 August 10, 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 0 abstentions, to recommend that the city council approve the interim use permit with conditions.

Request filed: July 7, 2021

Action deadline: November 4, 2021