Laserfiche WebLink
� � <br />52� that is not confined to the dwelling (i.e., building). State law mandates that <br />52� land use regulations be applied uniformly. See Minn. Stat. § 462.357, subd. <br />52� (2008)("The regulations shall be uniform for each class or kind of buildings, <br />52s structures, or land and for each class ar kind of use throughout [a zoning] <br />53o district.")(emphasis added). <br />53 � Here, there are no special rules for churches so far as I can tell (how could <br />5s2 there be - see Establishment Clause). So it seems that, because the Church is <br />533 situated on land presently zoned R 1, that any activity in addition to being a <br />534 church (which was allowed on R1 land at NCPC's inception) would qualify as <br />5sF an additional occupation. This would be fine if it followed the same rules for <br />5:�� home occupations on R1 land. However, because the activity is not confined <br />5:5 i to the building and contemplates more than one non-resident (26+) being <br />53�; involved in the occupation, the proposed activity should require a CUP. As I <br />5s9 wrote before, the fact that I choose to live in my building and the Church <br />s�c technically doesn't have anyone living it its building (other than being a house <br />54 � of God) shouldn't obscure the reality that both buildings sit on land zoned R1. <br />542 The R1 rules apply to the Church equally as they apply to me. <br />54;� The City required the Church to obtain a CUP in 2008 when it decided to <br />544 lease its land (parking areas) to the State Fair to be used as a"park and ride" <br />5�.: for the last two weeks in August each year. It seems odd that when the <br />5�s Church wants to lease its land to the public for a"community garden" that a <br />54� different approach is now being taken by the planning division. As I wrote <br />5�� previously to Mr. Malinen, we shouldn't forget that the NCPC land (zoned <br />5�Q R1) is already being used as a church (an activity that today would require a <br />55o CUP) and that NCPC is also engaged in the activity of being a school <br />55� (requiring a CUP), and a state fair parking facility (requiring a CUP). Now it <br />5F2 wants to lease its land to the public for the purposes of "urban agriculture" in <br />553 an area densely populated by single family homes as well. This causes me <br />55� (and I'm sure others) to say: "Enough is Enough." <br />555 At the risk of going a bit off topic, this neighborhood has had to endure a lot <br />5Fc of activities by the Church over the years. For the most part, they have not <br />55� greatly impacted the neighborhood. But, in 2008 the Church began adding to <br />558 its customary activities with the addition of the state fair parking facility. This <br />5F� is a miserable two weeks in late summer for us in the affected neighborhood; <br />5EO having to endure the traffic, noise, and the daily clean up of state fair trash in <br />5s�� our yards. Now, the Church wants to add to its enterprise by converting its <br />562 land to a large "community garden." Indeed, the visitors of the Church (its <br />563 members) who make these land use decisions don't live in the affected <br />5�4 neighborhood and seemingly don't contemplate (because they aren't <br />565 personally affected) that their land use decisions have impact on the <br />5s� surrounding neighborhood. Their current plans even contemplate that we, the <br />56� affected neighbors, will be the "eyes on the garden... who can welcome and <br />�6� redirect gardeners, or alert coordinators as needed." (See Appeal letter, n. 5). <br />56� In essence, the Church members making the land use decisions for the Church <br />5�o want the affected neighborhood to police the "community garden" for them in <br />5�^ their usual absence. Not only is this presumptuous, it is quite absurd. Really - <br />5�2 Enough is Enough. <br />