07.07 - Reconsider Request to Rezone Property from Forest Management to Commercial by Dan Couture

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Page 3 of 3 From: Paul Sandelin [mailto:paandelin @lakesarealaw.com] Sent: Thursday, August 17, 2006 12:19 PM To: Charles Marohn Cc: City Of Pequot Planning &Zoning Subject: Stellar Properties Chuck: I reviewed the packet of information which Dawn dropped off at my office last week. I also have your letter dated July 13, 2006 as well as Mr. Landecker's letter dated July 17, 2006. Although there is no specific issue I have been asked to review it appears that there is some question regarding the current zoning of the property in addition to the status of a previous plat application. As I indicated previously I represented Mr. Couture with respect to the purchase of the property. The minutes from the planning commission action (and prior council action)on this matter indicate that the property was previously zoned commercial which zoning was approved unanimously by the commission and city council. Then it appears that as a result of the city wide rezoning in 2005 the property was rezoned to forestry while a preliminary plat application was pending. It appears from the minutes that a preliminary plat for this property was approved some time in 2003 1 presume for another property owner. I do not have any record of whether there was further action on that plat application. Subsequently there was a preliminary plat application on behalf of Stellar Properties which was presented in September 2004, based upon the current zoning at that time of commercial, and was then tabled for the applicant to obtain comments/input from MnDOT regarding access to the property from Hwy 371. There are then minutes from a planning commission meeting in October, 2004 indicating the application was tabled. I do not have any further minutes indicating subsequent formal action by the planning commission or the City Council. There does not appear to be any formal record which would indicate that the preliminary plat application has been withdrawn, approved or denied. This of course raises the issue of whether preliminary plat approval has been granted or denied under Minn. Stat. Sec. 15.99. The minutes reflect however that the tabling was at the applicant's request but there is not an end date to tabled motion in terms of when that application would be brought back for further action. That should be clarified in the record. I also reviewed some comments or reference regarding potentially spot zoning for the current rezoning request. Given the previous zoning of commercial for the property and a record in terms of minutes and unanimous motions which supported that zoning classification, I do not believe spot zoning would be a legitimate basis for denial of the rezoning request. It seems to me that there is still a pending preliminary plat application that the commission will need to address in addition to the current rezoning request. Those two matters should be determined based upon the merits of the application and city ordinances. If you need anything further please let me know. Thank you. Paul Sandelin SANDELIN LAW OFFICE 30849 First Street P.O. Box 298 Peq not Lakes, MN 56472 Phone: 218-568-8481 Fax: 218-568-8444 psandelin(a)lakesarealaw.com This communication may contain confidential or privileged information. If you are not the intended recipient, you may not disseminate, distribute or copy this information. If you have received this communication in error, please notify me by telephone immediately and destroy the information. Thank you. 8/24/2006