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pf10-017
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pf10-017
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Planning Files - Planning File #
10-017
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� 24 "residential" zoning district, the church plainly is not a residence, and therefore is not <br />�25 subject to the regulations pertaining to home occupations. What's more, zoning codes <br />�2s must treat similar uses equitably without regard to what zoning district they're in, rather <br />127 than treating diverse uses similarly simply because they're in the same zoning district, as <br />� 28 the appellant seems to suggest in the same footnote. <br />129 <br />130 <br />131 <br />132 <br />133 <br />134 <br />135 <br />136 <br />4.7 As further evidence that the proposed community garden is a commercial venture of the <br />sort which is anathema to the neighborhood setting, the appeal points to the proposed <br />sign. Signs certainly can serve a commercial, advertising function, but they can also <br />merely identify something — like at least one home in Roseville which has a small, <br />personal vineyard with a sign posted in the yard, naming the vineyard. Signs are <br />regulated by the zoning code and, even though the proposed sign likely is not intended to <br />increase the business of the community garden, a new sign on the subject property will <br />have to comply with the applicable zoning requirements. <br />137 S.O ZONING AND QUASI-PUBLIC USES <br />138 <br />139 <br />140 <br />141 <br />142 <br />143 <br />144 <br />5.1 Notwithstanding the preceding discussion, there is room for debate as to whether the <br />proposed community garden is an unregulated activity by the private, church community <br />or whether it would fall under the regulations pertaining to public and quasi-public uses. <br />On one hand, the church's explicit intent for the community garden is that it would be <br />another expression of the congregation's ministry: helping to grow and provide produce <br />for food shelves and community members. On the other hand, the proposed community <br />garden can be seen as a low- or moderate-impact quasi-public use as defined below: <br />Low-impact quasi-public uses: <br />145 a. Are sponsored by a quasi-public <br />146 organization; <br />147 b. Have minor impacts in terms of: <br />148 1. Traffic generation; <br />149 2. Hours of operation; <br />150 3. Activities conducted; and <br />151 4. Light or noise generated; <br />152 <br />153 <br />154 <br />155 <br />156 <br />157 <br />158 <br />159 <br />160 <br />161 <br />181 <br />182 <br />183 <br />184 <br />185 <br />186 <br />c. <br />d. <br />Require no more than: <br />1. 10 employees; or <br />2. 15 parking spaces; <br />Must not involve: <br />1. Retailing; <br />2. Wholesaling; or <br />3. Warehousing of materials other <br />than normal office supplies; <br />e. Render services which are essentially <br />public <br />Moderate-impact quasi-public uses: <br />162 a. Are sponsored by a quasi-public <br />163 organization; <br />164 <br />165 <br />166 <br />167 <br />168 <br />169 <br />170 <br />171 <br />172 <br />173 <br />174 <br />175 <br />176 <br />177 <br />178 <br />179 <br />1B0 <br />b. Have moderate impacts in terms of: <br />1. Area requirements; <br />2. Traffic generation; <br />3. Parking requirements; <br />4. Hours of operation; <br />5. Number of employees; and <br />6. Light or noise generated; <br />c. <br />d. <br />Require more than: <br />1. 10 employees; or <br />2. 15 parking spaces <br />Must not involve: <br />1. Retailing; <br />2. Wholesaling; or <br />3. Warehousing of materials other <br />than normal office supplies; <br />e. Render services which are essentially <br />public <br />5.2 If the proposed community garden is determined to be a quasi-public use, more or less <br />separate from the church use, the question remains as to the level of impact of the <br />activity; "low-impact" quasi-public uses are permitted in the R-1 district, whereas <br />"moderate-impact" quasi-public uses require approval as conditional uses. Planning <br />Division staff believes that the proposed community garden falls short of the definition of <br />"moderate-impact" based on the following iindings: <br />Appeal_RCA_052410 <br />Page 4 of 7 .� <br />''\ <br />
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