WHEREAS, William Brakken and Rebecca Sieve have submitted to the city council a request for a special use permit for a bed and breakfast inn on property described as Lot 9 through 12 including vacated portion of 27th Avenue East, Block 1, Harrison Division of Duluth, and Lot 5, Block 4, Sterling Division, located at 2617 East Third Street; and said permit application was duly referred to the city planning commission for a study, report and public hearing, and the city planning commission has subsequently reported its approval to the city council; and

WHEREAS, the approval was made because of the city planning commission's findings that appropriate safeguards will exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood, if conditions are observed.

NOW, THEREFORE, BE IT RESOLVED, that a special use permit is hereby granted to William Brakken and Rebecca Sieve to allow for the operation of a bed and breakfast inn at 2617 East Third Street, subject to the condition that the property be maintained in perpetual compliance with Section 50-35(d) of the Code, as identified as Public Document No. _________________ and the following terms and conditions:

(a) Heritage preservation commission certification of the property and approval of the building plans identified in the public document; and

(b) Issuance of certificate of occupancy by the building inspection division; and

(c) Health license from St. Louis County.

STATEMENT OF PURPOSE: This resolution grants a Special Use Permit to William Brakken and Rebecca Sieve for the operation of a five bedroom Bed & Breakfast Homestay at 2617 E. Third Street. The B&B is to be named after the second owners of the subject property, A.G. & Clara Thomson. The property is presently owned by Jay Litman and is being sold to the Brakkens contingent upon this permit. This request/permit includes a two story addition to the rear of the building to add one bedroom on the main floor and a bathroom to the second floor. This addition must also be approved by the Duluth Heritage Preservation Commission. Action is expected at the next regular meeting.

The Planning Commission approved this resolution by a vote of 7-2 at its December 15, 1999 meeting.

In making their recommendation, the commission made the following findings:

1. Will the proposed special use result in a random pattern of development with little contiguity to existing or programmed development?

No, the primary use of the property remains as residential. The B&B operation will not create any impacts on the neighborhood than the residential use of the property by a large family or a single family with guests.
2. Will the requested use cause anticipated negative fiscal or environmental impacts upon the community?
Based on the history of other B&B operations (four that operate under the Special Use Permit and two others that are now 'permitted uses" under amendments to the code) in the city, over the past 16 years, since the opening of the Mansion on London Road, which was the "first" in Duluth, there are no known or documented negative impacts on the neighborhood.
3. Will conditions and safeguards protect the comprehensive plan and conserve and protect property and property values in the neighborhood?
Without additional conditions, the maintenance of the property under the provisions of the special use permit will achieve this protection.
4. What appropriate conditions and safeguards, including performance bonds and a specified period of time for the permit, are necessary?
Except for certification by the Heritage Preservation Commission and issuance of building permits and health department licensing, compliance with the requirements of the code and safeguards are in place. There is no apparent need for performance bonds to insure compliance. Failure to maintain the property in conformance with this permit will void the permit.