3C - Conditional Use APplication - Andrew Kratochvil

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Staff Findings:The Staff provides the following findings of fact for consideration: 1. The proposed use is an appropriate conditional use in the Commercial District as a retail store is classified as a commercial use, being that it provides services to the community. 2. The proposed use does not conflict with the Comprehensive Land Use Plan. The Plan discusses the role of retail businesses in the area and how they provide an effective means for attracting outside tourist dollars. Also, they are helping Pequot Lakes to become a destination city by bridging its dependence on the highway and the visibility it provides. 3. The proposed use, with conditions, would be compatible with the existing neighborhood as properties to the north and south are commercially zoned and property to the west is undeveloped shoreline residential. 4. The proposed use would not be injurious to the public health,safety,or welfare as retail stores typically do not carry out activities that are detrimental to the public. 5. The proposed use is unlikely to be injurious to the use and enjoyment of other properties in the immediate vicinity, as the services provided by the proposed use would be held within the confines of the building and the proposed use is located within a commercial district. 6. The proposed use should not impede the normal and orderly development and improvement of surrounding vacant properties. There are no additional public services or facilities required for the development of this property. 7. The applicant proposes to access this property off a tract of land that will be co- owned by the property owner and the property owner of the parcel directly to the west. Both lots will be accessed off State Highway 371 on Tract C. This should not create traffic congestion or an interference with traffic on surrounding public thoroughfares. 8. The applicant proposes to construct additional parking space on the property to serve the staff and patrons. The Ordinance requires one space for every loo square feet of gross retail floor space.The submitted site plan does not indicate a specific number of parking spaces. The Ordinance requirements for this retail building would be 30.3 parking spaces for the 3,030 square feet of gross retail floor space. 9. The applicant has placed the parking spaces at back of the building. The Ordinance requires that all parking be placed to the side or the rear of the building. 10. The applicant has proposed to add more "green" around the building as he has stated on his application. He is proposing to add flower pots around the building. There are not any plans to remove any other vegetation or add additional screening. Conditions placed on this application should ensure that the 50% screening requirement from the road or any non-residential parcel in the area is met. 11. The parking standards require that more than five contiguous parking stalls be landscaped. The applicant has indicated to add additional "green" around the building,but landscaping within the parking area itself has not been shown. 12. The proposed use is unlikely to produce noise, dust,or odors at a level that would constitute a nuisance. 13. There are not any known sites of historic or natural significance on this site. 14. The subject property already contains an ISTS.There have not been any proposed plans to change or add additional ISTS. Pequot Lakes Staff Report 3(c)-4 April 17,2oo8