4A - Amendment to Conditional Use Permit - Wilderness Resort Villas

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zone. B. The use or development, with conditions, conforms to the comprehensive land use plan. C. The use with conditions is compatible with the existing neighborhood. D. The use with conditions would not be injurious to the public health, safety, welfare, decency, order, comfort, convenience, appearance or prosperity of the City. 2. The following must be considered: A. The conditional use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted on that property, nor substantially diminish or impair values in the immediate vicinity. B. The conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. C. The conditional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. D. The conditional use will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. E. Adequate measures have been taken to provide sufficient off-street parking and loading space to serve the proposed use. F. Adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so none of these will constitute a nuisance and to control lights and signs in such a manner, that no disturbance to neighboring properties will result. G. The conditional use will not result in the destruction, loss or damage of a natural,scenic or historical feature of major significance. H. The conditional use will promote the prevention and control of pollution of the ground and surface waters including sedimentation and control of nutrients. Staff Findings: The following findings of fact were adopted in August of 2010 for the existing Conditional Use Permit. On the zoning&setbacks 1. The underlying zone is Shoreline Commercial and Open Space. 2. The Shoreline Commercial district allows commercial PUD's with a conditional use permit. 3. The Commercial PUD is subject to all of the setback requirements of the underlying zone,in this case Shoreline Commercial. 4. All of the units are outside of the 75 foot shoreline setback. 5. All units meet the 30 foot bluff setback. On the conditional use permit 6. There is no reason to believe that expansion on the Wilderness Resort, with vigorous conditions,would harm the health, safety, or welfare of the community. Operation over the past two years has not created such harm. Pequot Lakes Staff Report 4(a)-7 March 20,2014