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History <br /> The property was part of the old City of Pequot Lakes(not Sibley Township pre-merger) and <br /> was zoned by the City as Multi-family Residential (MR). The City's future land use map <br /> designated the property as Transition Residential(TR). Mr. Hemmrich and Mr. Smith requested <br /> that the property be zoned Urban Residential (UR). <br /> After reviewing the request, the Planning Commission recommended to the City Council that the <br /> property be zoned Transition Residential. This recommendation was based off of the following <br /> findings of fact: <br /> 1. The rezoning to Urban Residential is not consistent with the City's Comprehensive Plan and <br /> Future Land Use Map,which designates this area as Urban/Rural Transition. <br /> 2. The properties are bordered on the north by property zoned Agriculture and on the south by <br /> property zoned Urban Residential. Properties on the west are zoned Transition Residential. <br /> 3. The parcel is bordered on the east by properties that the City has recommended to be rezoned <br /> to Transition Residential. <br /> 4. The Urban Residential zone is not compatible with the Agriculture zone. <br /> 5. The property was recently rezoned to Transition Residential, which has a minimum buildable <br /> lot area of 5 acres and a minimum lot width of 200 feet. Rezoning to Urban Residential <br /> would decrease the minimum buildable lot area to 6,250 square feet (roughly 0.14 acres) and <br /> decrease the minimum lot width to 50 feet. <br /> 6. The properties are not currently served by public sewer and stormwater services, nor are <br /> public sewer and stormwater services adjacent to the property. <br /> 7. The property has topographic characteristics that are not conducive to urban residential <br /> development. <br /> 8. The impervious coverage limit on the property would go from 15% to 40%, and much of the <br /> exiting vegetative cover would be lost. <br /> 9. There are ample areas of property zoned Urban Residential still available for development <br /> within the City. <br /> At their November meeting,the City Council adopted this recommendation and zoned the <br /> property Transition Residential. <br /> Procedure <br /> Mr. Smith has appealed this decision. From a technical sense, this is not an appeal but a request <br /> for reconsideration. We have requested from the City Attorney clarification as to what the <br /> procedure would be for this. In absence of any contradictory advice from Mr. Sandelin,we <br /> recommend the following guidelines in addressing Mr. Smith's request: <br /> 1. In order to discuss whether or not to consider the request, a motion to reconsider must <br /> be made and seconded. There should be discussion on whether or not to reconsider. <br /> 2. If the motion to reconsider is ultimately approved by a majority vote of the members <br /> present,then the issue is back on the table and the City Council can proceed with <br /> discussing the merits of the request. <br /> 3. To make a change to Urban Residential would require a 4/5ths vote of the City <br /> Council. For Pequot Lakes this means that 5 out of the 7 elected members must vote <br /> for the change. If two members are absent, all members present must vote the same. <br /> 14084 Baxter Drive, Suite 7 <br /> Baxter, MN 56425 <br /> (218) 828-3064 <br /> www.communitygrowth.corn <br />