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STAFF REPORT <br /> Application: Rezoning from Wooded Residential to Residential Zone <br /> Applicant: William Wortham <br /> Background: Mr. Wortham is proposing to subdivide a property located in the Wooded <br /> Residential Zoning District. The property is 4.2 acres in size and is located on the north side of <br /> downtown between Highway 371 and Sibley Lake. <br /> Applicable Statutes: Ordinances applicable to this application are listed below, drawn directly <br /> from the Pequot Lakes Land Use Ordinance. <br /> State statutes require a 4/5ths majority of the Council is required to rezone a property. As with <br /> all rezoning applications we have considered, there are three questions that must be answered: <br /> 1. Is the parcel zoned correctly? <br /> 2. If the parcel is zoned incorrectly, what would be the correct zoning classification for this <br /> parcel? <br /> 3. How does the rezoning application relate to the Future Land Use map adopted with the <br /> Comprehensive Plan? <br /> A rezoning would establish a new classification for the parcel. All permitted and conditional <br /> uses would be allowed within whatever zoning classification is assigned. <br /> The current Ordinance does have an official definition for the Wooded Residential zoning <br /> classification. The Residential district is defined in the current Ordinance as being a district <br /> intended to allow medium density residential uses and to prevent the establishment of various <br /> commercial, industrial and other uses that may causes conflicts with residential uses in these <br /> areas. <br /> Findings of Fact: The following findings of fact are provided for your discussion in relation to <br /> this conditional use permit request. <br /> 1. The property is not zoned correctly as a description for the Wooded Residential zoning <br /> classification does not exist in the Ordinance. <br /> 2. The future land use map indicates a Commercial use for this property, not a residential <br /> zoning as requested by the applicant. According to the new Ordinance recently adopted <br /> by the City, single family homes would be conditional uses in the Commercial zone. <br /> 3. The parcel is currently bordered by a Wooded Residential property to the north and <br /> south, Residential to the west, and Multi-family Residential properties to the east. <br /> 4. Rezoning this property to Residential would not constitute spot zoning as adjacent <br /> properties to the west are of a Residential zoning classification. <br /> 5. The applicant is requesting the rezoning to fulfill a condition of the preliminary plat <br /> application of this property. <br /> Planning Commission Direction: The Commission can recommend approval of the rezoning, <br /> recommend denial, or table the request if additional information is needed. If the <br /> recommendation is for approval or denial, findings of fact should be cited. <br /> June Staff Report 1-1 <br />