WHEREAS, William Brakken and Rebecca Sieve submitted to the city council a request for a special use permit for a bed and breakfast home stay 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 to the city council; and

WHEREAS, the city council reviewed the entire record of 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;

NOW, THEN, based upon the record and testimony and debate in public meetings, the city council makes the following findings and conclusions:

(a) The city council considered Resolution 00-0005, a resolution to grant a special use permit to William Brakken and Rebecca Sieve for a bed and breakfast, at its meeting on January 10, 2000, at which time the city council considered the materials presented by the applicant in its application, a report prepared by the planning department staff, information submitted by the applicant and information submitted by the residents of the neighborhood;

(b) Based on the above information available to the city council and on the testimony presented at the city council meeting, 9 members present at the meeting, the city council voted 3-6 not to approve Resolution 00-0005;

(c) The city council, on February 14, 2000, approved Resolution 00-0106 findings of fact supporting denial of the first application for a special use permit;

(d) The current application does not differ in any material manner from the application considered and denied by the council on January 10, 2000. It does not make the use significantly less likely to permanently change the character of the neighborhood nor does it bring it into compliance with the code requirements. The council reaffirms its findings of facts made in Resolution 00-0106;

(e) The development of a bed and breakfast use on and in the property in question will have a permanent 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 which will change the character uses, and expected uses of the public streets and property and the private property in the area;

(f) The history of the planning of this business and other evidence show that the proposed use of the property as a bed and breakfast home stay in the manner in which it is proposed to be used will not be subordinate to a primary single family residential use of said property, and will, therefore, violate City Code;

(g) 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, therefore, a bed and breakfast business will adversely impact the residential quality of the neighborhood in which the structure is located, and will affect it adversely to a greater extent. Due to the surroundings to the north and east, it would create economic pressure for increased business uses in the residential area;

(h) The city council found that there was substantial neighborhood opposition to the proposed special use permit, which opposition continues.

NOW, THEREFORE, BE IT RESOLVED, that based on the foregoing, a special use permit application by William Brakken and Rebecca Sieve to allow for a bed and breakfast home stay, is hereby denied.

STATEMENT OF PURPOSE: On January 10, 2000, the city council heard an application by William Brakken and Rebecca Sieve for a special use permit for the operation of a bed and breakfast home stay in a R1-B at 2617 East Third Street. The city council voted 3-6 not to approve Resolution 00-0005, which would have granted the special use permit. Now the applicants return with a second proposal.

This resolution incorporates the testimony presented by the speakers at the city council meeting, the record of the entire proceedings, and the applicant's application for the special use permit into a formal resolution of denial, including the basis for the city council's denial of the application.