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'"� April 26, 2010 Bill Malinen Roseville City Manager 2660 Civic Center Drive Roseville, MN 55113 � Re: Appeal of City Planning Division's "Administrative Determination" on the proposed use of North Como Presbyterian Church ("NCPC") property. � Dear Mr. Malinen: This letter is being sent to you for the purpose of appealing the Roseville City Planning Division's "Administrative Determination" regarding the proposed use of NCPC's property as a so-called "community garden." As you will see by the attachments to this appeal, the Administrative Determination took two forms. First, an initial determination by Brian Lloyd (associate city planner) that was conveyed by letter to NCPC on April 8, 2010. Then, Mr. Lloyd confirmed his initial determination; with concurrence from the City Planner and Community Development Director; by a follow up email on April 14, 2010. Together the Administrative Determination held that implementation of the planned "community gazden" would not conflict with Roseville's zoning ordinances because the R-1 zoning district "does not regulate gardens." We, the affected neighbors whose signatures are affixed hereto, vigorously disagree with this ad hoc determination because (1) the general term "garden" as used by the planning division clearly ignores the substance and character of the proposed land use, (2) the proposed land use violates the current residential zoning ordinances, (3) the proposed land use violates Minn. Stat. § 315.47 (2008), and (4) the proposed land use has a significant likelihood of bringing nuisances to the affected neighborhood. Therefore, we strongly urge the City of Roseville to require that NCPC apply for a conditional use permit for the planned use of its land as a"community garden" - also known as an"urban agriculture" site.2 The Substance and Character of NCPC's Planned Land Use Is Agricultural. While the city does not purportedly regulate "gardens" in R-1 districts, the deep concern of the affected neighborhood is that what is planned by NCPC is not a private garden as the R-1 district obviously contemplates by reference to backyard garden sheds in the city ordinance.3 Rather, the planned land use is a material alteration of the present use of the NCPC land to an � 965 Larpentew Avenue West, Roseville, MN 55113. z The United States Department of Agriculture (USDA) uses the terms "community garden" and "urban agriculture" interchangeably. See, e,g, <http://afsic.nal.usda.gov/nal_display/index.php?info_centei=2&tax level=2&tax subject=301&topic_id=1444>; see also Access to Affordable and Nutritious Food.• Measuring and Understanding Food Deserts and Their Conseguences, United States Department of Agriculture <http://www.ers.usda.gov/Publications/AP/AP036/AP036g.pdfl; see also Dena Sacha Warman, Community Gardens: A Tool for Community Building, Urban Agriculture Notes (last modified Feb. 12, 2001) <http://www. c ityfarmer. org/waterlooCG.htm I# waterloo>. 3 See Ord. 1004.01(A)(2). The zoning ordinance, while referencing "garden shed," does not define "garden." �E�� ;% `� �li��':