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....... '~inutes of Regular Counci I i~eeting "age five August 9, 1976 Lynden asked how he could tell us what the Ownership Report is like if he has not seen it, and offered to show It to him. Lippert said it was not shown to him when he attended the public Hearing. He hasn't seen these things. Lynden asked if Lippert denies that property owners within 350' of the sUbJect property were notified? Lippert answered, "No, they were notified." . Lynden asked Lippert If he told Lippert that the Ownership Report shows the apparent record holder of the property is Northwostern College, would Lippert say there has been a procedural error? Lippert said that If that evidence is here It should be presented to the Planning Commission. Lynden said this is part of the public record (City and Planning Commission). If Lippert had taken.time to look at the repor~. he would have determined that the ownership report shows Northwestern College as the apparent record owner. Lippert said he Is trying to protect the residents of Arden Hills No.3 from adverse effects on their residential neighborhood by the enlargo- ment of a non-conforming use. Mayor Crepeau advised that the Councl I is here to protect the rights of the neighborhood, as wel I as those of Northwestern Col lege. Mr. Erickson stated that Northwestern College Is the fee-owner; bought the property in 1970 from the Nazareth Hall College and Seminary. Northwestern has subm I tted its app II cat I on and support I '~e documents; applied as the fee owner. The Ordinance reads that the Planning Commission shall review the application and documentation in support thereof, all of which has been done, and the Public Hearing held. The question of whether we are conforming or non-conformln~ was raised. I have not seen Mr. Lynden's opinion, but I understand It said essentially that Northwestern College Is properly acting in applying for a Special Use Permit. This permit Is for a college building. We (Northwestern) are In an R-I area which allows colleges as a special permitted use. We are applying for that Special Use Permit for the college building use. Erickson said that deferment of the matter could, as It often does. mean "death" for their permit; College has to bid on the open market like everyone else and cos~are rising. He said that the proposed new ordinance, as he understands It, has been approved by the Planning Commission and reviewed and amended by the Council. and colleges are stl II recognized as a permitted use in the R-J zone, the same as now. Erickson said that the proposed Zoning Ordinance permits schools. general education, in residential zones and defines general education to include nursery, primary, elementary, secondary schools, vocational, colleges. Junior colleges. universities having an accredited program, as defined by the State of Minnesota. Erickson referred Council to a report from Planner Fredlund which states that the Zoning Ordinance shal I reflect the Comprehensive Plan; the 1976 Comprehensive Plan recognizes the college In Its present location. . Crepeau suggested that Counci I will probably need some time to review the data submitted at tonight's meeting, as well as the recommendations of the Planning Commission which they received over the weekend. Lynden said he would also want some time to see the arguments from both counsels as to the question of deferment of the application pending the passage of the new zoning code; believes there Is some Gase law on that. Lynden suggested deferring the matter to some specific date (not pending adoption of the new Zoning Ordinance), and during the Interim requested that each of the attorneys send him a memo re the validity or Invalidity of the deferment of the application for a Special Use Permit. Lynden said he has some concern as to whether or not that is not denial of due process to the applicant; not in a position to tell you this tonight. Legal points aside, Crichton asked that the merits be reviewed for Council's benefit, Wingert summarized the Issue (as taken from Plan- ner Fredlund's report): I. Traffic, existing and anticipated. (Fine Arts center does -5-