Duluth City Council affirms interim permit for Safe Bay at Vineyard Church after appeal

The Duluth City Council on May 29, 2025, voted 6-0 to affirm the Planning Commission's May 13 decision approving an interim use permit for a seasonal Safe Bay safe-parking site at 1533 West Arrowhead Road, the council's presiding officer said. The permit allows CHUM's Safe Bay program to operate for one year as an interim outdoor living site and, per the application, seasonally from May through October.

The decision follows an appeal filed May 21 by the Miller Law Office on behalf of nearby residents who contend city staff and the Planning Commission improperly interpreted the city's Unified Development Chapter (UDC) screening requirements. In the appeal hearing, the council acted in a quasi-judicial role and heard a staff report, statements from the appellants and the applicants, a public-comment period, and council questions before voting on a resolution to affirm the Planning Commission.

Planning and community development manager Jen Moses told the council the application had been reviewed by staff and the Planning Commission and that the application met the requirements of Chapter 50 of the Duluth legislative code for an interim outdoor living site. Moses said staff visited the site after the May 13 approval and confirmed screening was in place in photographs submitted to the record.

Brenda Miller, attorney for the appellants, told the council the appeal challenged how planning staff and the Planning Commission applied the UDC definition of a dense urban screen and alleged inconsistent enforcement. Miller said, "City employees illegally granted exceptions to the requirement of a dense urban screen that are not contained in the code," and testified that portions of the site bordering residential property had only snow fencing, rocks or partial screening that she said "do not comply with city code requirement of a dense urban screen." Miller also said a Planning Commissioner on the record stated he was "willing to bend the rules," which she argued showed improper treatment of the code.

Joel Kilgore, project organizer for Stepping on Up representing CHUM and Vineyard Church, disputed the appellants' claims and described program safeguards. Kilgore said staff are present during operating hours and that the program provides security, documentation of vehicles and guests, quiet hours and monitoring. He emphasized the program's role in preventing immediate displacement, saying, "These are not optional. These are necessary for human survival," and noted that the site uses a combination of an existing rock berm and approximately 190 feet of opaque mesh screening along the north property line to meet the code requirement.

Neighbors and community members offered contrasting views during public comment. Several adjacent property owners and appellants reiterated concerns about the location of screening, its durability in severe weather, the absence of a site survey before installation of a temporary screen, and potential safety hazards such as idling exhaust pooling in low areas and wildlife attraction to food. As one nearby resident said, "There is no fence on the west property boundary" and "snow fencing does not meet the 75% opacity requirement of city code." Several residents urged the council to deny or require revisions to the permit until a compliant, permanent screen and survey were provided.

Supporters of Safe Bay, including volunteers and representatives of local nonprofits and faith communities, told the council the program provides staffed, rule-governed overnight parking, sanitation access and a safer alternative to sleeping on the street. Volunteer and program leaders described few safety incidents while the program has operated and said CHUM and Vineyard Church added operational measures after neighborhood meetings, such as property-line signage, a bear-proof dumpster, additional trash service and on-site contact numbers.

Councilors framed their decision around the legal standard for appeals under the Unified Development Chapter and the city's comprehensive plan (Imagine Duluth 2035). Council discussion focused on whether the application complied with UDC Section 50 (including the dense urban screen definition), whether the use was consistent with the comprehensive land use plan, anticipated fiscal or environmental impacts, and whether time limits were needed to protect public health and safety. Multiple councilors noted the operation is seasonal (May'October), subject to yearly review, and that staff presence during operating hours is a program condition.

Councilor Kennedy moved to affirm the Planning Commission decision; Councilor Randolph seconded. The motion passed 6-0. Following the vote, several councilors urged continued dialogue among CHUM, Vineyard Church and neighbors and encouraged CHUM to maintain screening, rapid response to weather or security issues, and other mitigation steps discussed during the hearing.

Background and next steps: Planning staff said the city received the appeal May 21 and issued a letter under UDC Section 50-37.1 instructing the applicants to cease operations pending resolution of the appeal; speakers said that stay caused immediate displacement of people who had been using the site. The interim use permit is effective for up to one year and will be reviewed in subsequent permitting cycles; councilors said neighborhood engagement and operational oversight would continue as conditions of the program.

Votes at a glance: Resolution affirming the Planning Commission's approval of an interim outdoor living site at 1533 West Arrowhead Road (Safe Bay). Moved by Councilor Kennedy; seconded by Councilor Randolph. Vote: 6 yes, 0 no. Outcome: approved.