WHEREAS, Keith and Patricia Olson 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 5, 6, 7 and 8, Block 9, Harrison Division, 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 the city council adopts and approves the findings of the planning commission, as set out in its records and in the statement of purpose of this resolution, these findings are the basis of the conclusion that a special use permit is hereby granted to Keith and Patricia Olson to allow for the operation of a bed and breakfast homestay, consisting of five guest rooms, at 2426 East Superior 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) Issuance of health license by St. Louis County;

(c) The parking lot be surfaced with crushed limestone (rather than bituminous) and the parking area construction plans be reviewed (for drainage purposes) and approved in writing by the city engineering division;

(d) That a planting plan, for additional shrubs between the parking lot and Superior Street, be approved by planning staff prior to the issuance of an occupancy permit;

(e) Any future signage be reviewed and approved by planning staff for compliance with Section 50-35(d)(3)(J).

STATEMENT OF PURPOSE:  This resolution grants a special use permit to Keith and Patricia Olson for the operation of a five guestroom bed and breakfast homestay (B&B) at 2426 East Superior Street. The B&B is to be named for the first owners of the property, "The Elise and Sheldon Frazer House." This request/permit provides for four guest rooms in the traditional bedrooms, and the addition of two more bathrooms, on the second floor of the building. The proposal is to provide one optional guest room on the main level which was a bedroom in the recent history of the home.

The planning commission unanimously approved this resolution at its November 14, 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 use of the property remains 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, there are no known or documented negative impacts on the neighborhood. There have been seven B&B's approved in the city of Duluth, four are homestay's and one B&B inn in the city that operate under the special use permit. Two that are now "permitted uses" (*) under amendments to the Code.

The Mansion , 3600 London Road, granted 2/7/1983 by Resolution 83-0054;
The Ellery House*, 28 South 21st Avenue East, granted 12/28/1987;
The Olcott House, 2316 East First Street, granted 6/22/1989 by Resolution 89-0566;
The Fireside Inn*, 2211 East Third Street, granted 12/11/1990*;
The Manor on the Creek (inn), 2216 East Second Street, granted 11/24/1997 by Resolution 97-0870;
The Cotton House (homestay), 2317 East First Street, granted 3/16/1998 by Resolution 98-0200;
The A.G. Thompson (homestay), 2617 East Third Street, granted 1/20/2000 by Resolution 00-0116.
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 and perpetual compliance with Section 50-35 will achieve this protection.

4. What appropriate conditions and safeguards, including performance bonds and a specified period of time for the permit, are necessary? 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.

Application received: October 23, 2000; Action deadline: December 22, 2000