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Page 2 of 3 <br /> Cc: 'City Of Pequot Planning &Zoning' <br /> Subject: RE: Stellar Properties <br /> ....#appears that....the zoning has in fact been changed from commercial to forestry. <br /> "...it would seem that there would need to be a fairly compelling reason to not proceed with the preliminary plat <br /> under commercial zoning. <br /> So if I understand correctly, the zoning has been changed to Forestry, but we should proceed as if it were <br /> Commercial. <br /> If there was an approval,would that make the lots non-conforming since they would not meet the minimum <br /> Forestry lot size of 10 acres? Would they need a rezoning to be developed commercially, since commercial uses <br /> are not allowed in the Forestry zone? <br /> -Chuck <br /> From: Paul Sandelin [mailto:psandelin @lakesarealaw.com] <br /> Sent: Thursday, August 17, 2006 2:27 PM <br /> To: marohn @communitygrowth.net <br /> Subject: RE: Stellar Properties <br /> Changes to the zoning while an application tends to complicate the matter although it appears that there has not <br /> been formal preliminary plat approval and the zoning has in fact been changed from commercial to forestry. I <br /> don't see anything in the record which indicates the application was withdrawn. I think the planning commission <br /> needs to make a decision on the rezoning first. I do think they need to give some consideration to the fact that an <br /> application was filed and is pending based upon commercial zoning and then the zoning was changed while an <br /> application is pending. I have not seen any reported cases on that situation but it would seem that there would <br /> need to be a fairly compelling reason to not proceed with the preliminary plat under commercial zoning. If the <br /> planning commission is going to deny the plat under commercial zoning then the commission would have to show <br /> that the plat does not meet the requirements of the ordinance. that seems like a cleaner record than denying <br /> because it is forestry. <br /> From: Charles Marohn [mailto:marohn @communitygrowth.net] <br /> Sent: Thursday, August 17, 2006 2:00 PM <br /> To: Paul Sandelin <br /> Cc: 'City Of Pequot Planning &Zoning' <br /> Subject: RE: Stellar Properties <br /> The question was whether or not the City could rezone the property while there was a pending application and, if <br /> it could, would the application be considered under the original or the new zoning. <br /> Landecker is arguing that they do not need to apply for a rezoning since the property was commercial at the time <br /> they submitted the application. <br /> The application was tabled by the Planning Commission, but withdrawn afterwards by the applicant's <br /> representative. There is no documentation of this except for our last staff report, which indicates that was our <br /> understanding. It is our weakest argument since it is not well documented, which is why we need to make sure <br /> we follow the correct process here. <br /> If the Planning Commission is asked to rule on a rezoning to Forestry, they will almost assuredly deny it. That <br /> has been their mood. <br /> If the Planning Commission is required to process this plat under commercial zoning, they will likely deny it. <br /> Would the zoning then go to Forestry based on the decision during the city-wide rezoning? <br /> -Chuck <br /> 8/24/2006 <br />