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Minutes of Regular Council Meeting Page th rea September 13, 1976 . Therefore, Crichton said, as he reads the current ordinances, North- western College Is a non-conforming (pre-existing) use in this R-I district, whIch may not be allowed to expand. He said h~ understands that this Counc! I some years ago did approve a building permit to remodel the radio station offices at Northwestern Col lege and has approved a number of enlargements at Bethel College which is also a non-conforming use in an R-i district Cas he understands the ordinance'. He said these are obviously mistakes made by fallable Councilmen, 1ncluding himself. Crichton said he believes that the new zoning ordinance stemming from the 1976 Comprehensive Plan wi II correct the situation to permit priVate colleges in residentl la districts, and thus enable both Northwestern and Bethel to SUbmit a master plan and presumably receive Special Use Permits for planned growth. Crl chton sa I d that he must cons i der th i s app II cat I on on the ord f nances In effect at the time it was submitted and therefore moves that this Counci I deny the Special Use Permit requested by Northwestern College on the basis that private colleges are not a permitted use in residential districts. Crichton said he extends to the College his apologies that our previous mistakes may have led them into believing that we would continue to make the same mistakes. In discussion, Wingert noted that if Council denies the Special Use Permit, ordinance requires that no application shall be re-submltted for six months; suggested that Northwestern College may desire to withd~aw Its application so re-submlttal would not be necessary. Woodburn said he does not consider the College to be a non-conforming use; definition approved by Council specifically Includes colleges and universities; City Attorney has stated the application Is appro- priate as submitted; cannot Interpret the ordinance otherwise. Attorney Thomas Erickson, representing Northwestern College, noted that the 1976 Comprehensive Plan, adopted in February of this year, as well as the 1966 Plan, refers to two major colleges; the map for the 1966 Comprehensive Plan lists colleges under schools:, Erickson further noted that "schools, general educationR, as defined in the pro- posed new zoning ordinance, includes colleges and are shown as Permitted with a Speclel Use Permit In all residential zonas; zoning ordinance must Implement the plan; therefore, col lege Is properly applying for SpecIal Use Permit for. Fine A~ts building on the campus - a permitted use In R-I. Woodburn noted that thera Is a provision In the current Plan that, In It Is opi n I on, wou I d a II ow mod I fl cat Ions thereof to be made by ord I nance changes; although the two should be in concordance; the Plan Is the basic tool to avoid hap-hazard declslo~s; the Zoning Ordinance up-dates the Co.prehenslve Plan. . Attorney lippert said he does not agree. He stated that schools and colleges are not the same; does not feel colleges should be permitted in residential zones, only In L-B. He said the ordinance was revIsed In 1973 to be more restrictive to only permit uses as listed. Lippert said a college is not a school in -~his ordinance. Residents speaking In opposition to the Special Use Permit were Rlcha~d Hoffmann and Ward Hanson. Attorney Lynden referred Council to Ordinance No. 99, Section II! F. 7. x., noting that armories, convention hal Is and slmi lar uses are permIt- ted In all districts with a Special Use Permit. T. Erickson stated that this provides an alternate means on which to grant the permit at this time; conforms with the Plan and is allowed as a permitted use in the present zoning ordinance; Fine Arts build- Ing Is weil within Interpretation of the ordinance; decision should be made on these facts. Senator R. Ashbach stated hA feels that the arguments appear to be sound and present. a "tough decision" for the Council; suggested that -3-