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Mr. Bill Malinen Monday, April 26, 2010 2 inconsistent agricultural use (or sharecropping) that is public by its very design. See Minn. Stat. § 273.13, subd. 23(� (2008)("Real estate of less than ten acres, which is exclusively or intensively used for raising or cultivating agricultural products, shall be considered as agricultural land"); see Id., subd. 23(g)("Land shall be classified as agricultural even if all or a portion of the agricultural use of that property is the leasing to, or use by another person for agricultural purposes");4 see also Ord. § 1002.02 (defining moderate impact quasi-public use.) Additionally, NCPC knew early on from its research into "community gardens" that its planned land use would naturally depend on neighborhood involvement.s The fact that the planned use calls for (initially) 26 separate plots6 to be leased out to members of the surrounding communities of Roseville, St. Paul, and Falcon Heights; to some not even affiliated with NCPC; dispels any notion that the planned use is a private residential garden. Moreover, the fact that the plans call for a sign to advertise the "community garden" very much dispels any claim that the planned land use is consistent with the residential scheme as is illustrated by both the current zoning code and the comprehensive plan. Indeed, the proposed plan entails that NCPC land will be leased out (for free or otherwise) for the express purpose of growing and cultivating produce for public consumption. This is clearly an agricultural land use. Even though NCPC's proposed agricultural land use is not contemplated by the Roseville residential zoning ordinance as a permitted use, not permitted use, accessory use, or conditional use, the mere absence of a particular use does not in itself inean that the city is without authority to regulate such use. See Wedemeyer v. Ciry ofMinneapolis, 540 N.W.2d 539, 542 (Minn. App. 1995) (recognizing Minnesota's long history of acknowledging the right of municipalities to exercise police powers by regulating land use and development). Clearly, as explained verbally by Bryan Lloyd, "a metal foundry is not contemplated by the residential code, but the city would not permit that to be placed in a residential district." One can come up with any number of other ridiculous examples (refinery and fertilizer/manure factory quickly come to mind), that would equally make the point that the city can indeed require a non-envisioned land use go through the conditional use permit mechanism that is designed to protect the health, safety, morals, and general welfare of the community. Agricultural use of residential land is a non-envisioned use that cries out for city regulation through the mechanism of a conditional use permit. To be sure, the reason urban zoning codes typically do not envision agricultural or farming activities is because they are presumptively nonconforming or not permitted. This is undoubtedly why Roseville does not include a"metal foundry" in the residential zoning district list of permitted, not permitted, accessory, or conditional uses. It is self evident that such a land use would be prohibited. The same is true for a"community garden" or "urban agriculture." 4 While religious organizations are obviously tax exempt and not subject to the property tax provisions; Minn. Stat. § 273.13, subd. 1; the property tax classification provisions of the Minnesota statutes are quite illustrative and are often used for defining agricultural products and land use. See e.g., City of Plymouth Zoning Ord. § 21005.02. 5"Our tours of community gardens taught us that often a neighbor adjacent to the gardens is the 'eyes on the garden' person who can welcome and redirect gardeners, or alert coordinators as needed. We hoped you could be that person, or one of those people." (Kim Spear April 18, 2010 email to Larry Leiendecker). 6"Next we had a landscape architect draft an overall plan for the community garden, revised it in several ways, and decided that a phased approach to the garden was important - do a small garden successfully and grow the effort when and if the time is rigt�t." (Kim Spear April 18, 2010 email to Larry Leiendecker) (emphasis added). The current plan calls for 26 plots to be leased out to the community, with room to grow for more. (See NCPC Plans.) � ---�