BY COUNCILOR NESS:RESOLUTION APPROVING FINDINGS OF FACT SUPPORTING DENIAL OF SPECIAL USE PERMIT TO WILLIAM BRAKKEN AND REBECCA SIEVE FOR A BED AND BREAKFAST INN FOR PROPERTY LOCATED AT 2617 EAST THIRD STREET.
WHEREAS, William Brakken and Rebecca Sieve submitted to the city council a request for a special use permit for a bed and breakfast homestay 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 city council has reviewed the entire record of the proceedings with regard to this matter including the application for the special use permit, the staff report to the planning commission, the testimony before the planning commission and the decision of the planning commission and has, in addition, itself received extensive testimony regarding the appropriateness of approving the special use permit for this development; and
WHEREAS, after a thorough review of the entire record regarding this application and consideration of the testimony by the council, said council determined to deny said application for the reasons hereinafter set forth; and
WHEREAS, said council believes it to be in the best interests of the applicants and the city that it adopt specific findings, based upon the record made at the city council meeting, setting forth the reasons for its denial of said application;
NOW, THEREFORE, BE IT RESOLVED, that based on the foregoing record and testimony the city council makes the following findings:
(a) That the development of a bed and breakfast use on and in the property in question will have a substantial negative impact on the single family character of said property, that such a use of said property will result in a change in the character of said property and that such change in the character of the property will be permanent;FURTHER RESOLVED, that, for the reasons set forth above, the application for a special use permit by William Brakken and Rebecca Sieve to allow for the operation of a bed and breakfast inn at 2617 East Third Street was denied by the city council at its meeting of January 10, 2000.
(b) That the proposed use of the property as a bed and breakfast homestay in the manner in which it is proposed to be used will result in a use subordinate to the primary single family residential use of said property;
(c) That the history of the planning of this business, the proposed structural change, and other evidence show that the proposed use of the property as a bed and breakfast homestay in the manner in which it is proposed to be used will not be subordinate to the primary single family residential use of said property;
(d) That because the property in question is located in a very quiet residential area served only by a dead-end street, as compared to other bed and breakfast operations which have been permitted, this neighborhood is more fragile than other neighborhoods where such developments have been permitted and is therefore more susceptible to suffering negative impacts as a neighborhood from the impacts of such a development;
(e) That the proposed use of the property as a bed and breakfast homestay in the manner in which it is proposed to be used will result in a negative change in the quality of the neighborhood;
(f) The signage proposed for this development would have a negative effect on the architecture of the structure in this setting.
The council has determined that the proposed development is not consistent with or appropriate in a single family development area and that its approval would have a detrimental effect on the surrounding neighborhood.