01-0468R

RESOLUTION A RESOLUTION GRANTING A SPECIAL USE PERMIT TO LINDA PAULSEN FOR A BED AND BREAKFAST INN FOR PROPERTY LOCATED AT 2104 EAST SUPERIOR STREET.

BY COUNCILOR STENBERG:

        WHEREAS, Linda Paulsen has submitted to the city council a request for a special use permit for a bed and breakfast inn, consisting of three guest rooms, on property described as: Duluth; Lots 1-3, Block 53, Endion Division, and parts of Lots 5, 6, 7, Block 52, Endion 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 a special use permit is hereby granted to to allow for the operation of a bed and breakfast inn , consisting of three guest rooms, at 2104 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)     Health license from St. Louis County.



STATEMENT OF PURPOSE:  This resolution grants a special use permit to Linda Paulsen for the operation of a three guestroom bed and breakfast inn (B&B) at 214 East Superior Street. The B&B is to be named "Immigrant House" reflecting on the history of the early owners of the property as well as the immigrant history of the city. This request/permit provides for three guest rooms in the traditional bedroom on the second floor of the building. The property is permitted to be a B&B homestay by virtue of the R-2, two family zoning of the property. The primary purpose of the permit as an inn is to allow for catering of groups, meetings and workshops of less than 12 people, which is not permitted in a homestay.

The planning commission unanimously approved this resolution at its June 12, 2001, meeting.

The heritage preservation commission certified this property at its June 13, 2001, 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 other 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 neighborhood. There are 5 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, on of which is adjacent to this property (The Ellery House*, 28 South 21st Avenue E, granted 12/28/87).
        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 issuance of 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. 

Date Application Received: May 15, 2001
Action Deadline: September 12, 2001