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''\ <br />� <br />� J <br />REQUEST FOR COUNCIL ACTION <br />DATE: 5/24/2010 <br />ITEM NO: 12.b <br />t Approval: <br />City Manager Approval: <br />Item Description: Appeal of the administrative ruling that the Single-Family Residence (R- <br />1) District does not regulate community gardens <br />1.O REQUESTED ACTION <br />Based on the appeal, review whether Planning Division staff appropriately interpreted the <br />regulations and intent of the zoning code pertaining to community gardens in the R-1 <br />district. <br />Appeal Timeline <br />• Appeal received: Apri127, 2010 <br />• Thirty-day appeal hearing deadline, May 27 2010 <br />� Staff report prepared: May 19, 2010 <br />• Anticipated City Council action: May 24, 2010 <br />2.O BACKGROUND <br />2.1 North Como Presbyterian Church has plans to implement a"community garden" on its <br />property at 965 Larpenteur Avenue. In preparation for the community garden, church <br />representatives inquired about what process was necessary to receive approval for such a <br />project; initial communication between North Como Presbyterian Church representatives <br />and Planning Division staff began in mid- to late March. Planning Division staff <br />indicated that a community garden is not regulated by the zoning code and does not <br />require specific approval. A letter, included with the attached appeal materials, was later <br />provided to church representatives confirming that no approvals were required. <br />2.2 A neighboring property owner subsequently submitted the attached appeal of staff's <br />determination that community gardens are not regulated by the zoning code. Section <br />1015.04C (Appeals) of the City Code specifies that the Board of Adjustment and Appeal, <br />.. which is a role of the City Council, must hold a hearing within 30 days of the appeal to <br />review the information considered in the formulation of the administrative ruling that is <br />� the subject of the appeal. In this case, after considering the rationale for Planning <br />Division staff's interpretation of the zoning code as well as the appeal, the City Council <br />is tasked with determining whether Planning Division staff properly interpreted the intent <br />2.3 <br />of the zoning code. <br />If the City Council believes that Planning Division staff erred in its administration of the <br />zoning code, the Council should also discuss and determine: <br />a. <br />b. <br />Whether a community garden may be allowed in the R-1 district; and, if so <br />What process is required to allow a community garden in the R-1 district. <br />Appeal_RCA_052410. doc <br />Page 1 of 7 <br />