08-15-2002 Planning Commission Meeting

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STAFF REPORT Page 1 of 7 STAFF REPORT Application: Request for a Re-Zoning from Commercial Waterfront (CW)to Residential (R-1). Applicant: Gerald Calhoun Background Information: This parcel was created when a resort was split up in the Rush Bay subdivision. Mr. Calhoun's parcel is Lot 3 of Block 1 of this subdivision. The old resort was zoned Waterfront Commercial. The City has record of the subdivision, but has no record of a rezoning of this property. Mr. Calhoun would like to construct a single-family dwelling and utilize his property as residential. Applicable Statutes: A 4/5ths majority of the Council is required to rezone a property. Therefore, any recommendation to rezone should have broad-based support. There are two questions that must be answered during a rezoning. First, is the property zoned incorrectly? Second, if the property is zoned incorrectly, what would be the correct zoning classification for this parcel? Staff Findings: The Rush Bay subdivision was presented and approved as a residential subdivision. None of the parcels in the subdivision are being operated as rental property. The Calhoun property does not contain commercial elements. Residential zoning is consistent with adjacent properties and the intent of the City of Pequot Lakes when they approved the Rush Bay plat. Your Staff cannot find a minimum lot size for a Waterfront Commercial parcel. Section 55.030 (Minimum Lot Requirements) indicates that the Division 150 PUD standards and also the Shoreland standards must be adhered to. Section 25.040 (Minimum Lot Requirements) contains minimum lot sizes for only residential lots. These lot sizes are consistent with the State of Minnesota Shoreland Management standards. The PUD Section 150.080 (Minimum Size by Zoning District) states that for the Waterfront Commercial District, the reader should "see PUD's". The smallest lot size for a PUD listed in the Ordinance is in the Residential or Commercial districts at 5 acres. The Calhoun lot is half an acre, must lower than what would be required to establish a Waterfront Commercial use. Planning Commission Direction: The Commission can recommend to the Council that they approve this rezoning. The Commission can also recommend that the Council not approve the rezoning. Finally, the Commission can table the rezoning to gather further information or schedule a site visit. Staff Recommendation: Based on the findings, your Staff recommends that the Commission approve the request. When platting the Rush Bay subdivision, the developer and the City's intentions were to create residential parcels. The fact that the rezoning was not done seems to be an oversight. Without a rezoning, Mr. Calhoun cannot use the property for a single-family dwelling, as it was designed for.