WHEREAS, William Brakken and Rebecca Sieve have submitted to the city council a request for a special use permit for a bed and breakfast homestay, consisting of six guest rooms, on property described as: Lots 6 - 12, Block 1, and adjoining vacated 27th Avenue East, Harrison Division of Duluth: Lots 1-3, Block 1, Willards Addition to Duluth except that part within 390 feet of the Easterly line of 26th Avenue East; Lot 6 except the westerly 30 feet and all of Lots 7 & 8, Block 3, and Lot 5, Block 4, Sterling Division of Duluth; and

That part of the SW ¼ of SW¼ of NW¼ which lies between the center line of 27th Avenue East extended and a line parallel with the easterly line of 26th Avenue East and 390 feet easterly thereof, and 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 homestay, consisting of six guest rooms, 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, and as identified as Public Document No. __________ and the following terms and conditions:

(a) Issuance of certificate of occupancy by the building inspection division;
(b) 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 six guest room Bed & Breakfast Homestay at 2617 East Third Street. The B&B is to be named after the second owners of the subject property, A.G. & Clara Thomson. This request/permit provides for 4 guest rooms in the traditional bedroom on the second floor of the building, including a bath room to be added to one bedroom on the second floor building. The proposal is to convert the 4 room apartment on the upper level of the carriage house to provide two guestrooms.

The Planning Commission approved this resolution by a vote of 8-3 at its February 8, 2000 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. A family is defined by the code as "One or more persons related by blood, marriage or adoption, including foster children, and in addition to and including five other unrelated persons occupying a dwelling and living as a single housekeeping unit."

2 Will the requested use cause anticipated negative fiscal or environmental impacts upon the community?

Based on the history of other B&B operations there are no known or documented negative impacts on neighborhoods. There are 4 B&B's in the city that operate under the Special Use Permit and 2 others that are now "permitted uses" under amendments to the code.

The Mansion, 3600 London Road, granted 2/7/83 R#83-0054
The Ellery House*, 28 South 21st Avenue E, granted 12/28/87
Olcott House, 2316 East First Street, granted 6/22/89 R#89-0566
Fireside Inn*, 2211 East Third Street, granted 12/11/90
Manor on the Creek, 2216 East Second Street, granted 11/24/97 R# 970870
The Cotton House, 2317 East First Street, granted 3/16/98 R# 98-0200

* Originally approved under the Special Use Permit provisions but became "permitted uses" in R-2 Zoning with Ordinance No. 9368, on May 11, 1998.

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, the 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.