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Mr. Bill Malinen Monday, April 26, 2010 4 Even our neighboring community Falcon Heights touches upon the "communiTy garden" activity in its "suburban agriculture" definition: Falcon Heights § 113.3 Farm, suburban (agriculture) means a suburban farm is a noncommercial food-producing use primarily intended for the use of the residents, and usually on less than ten contiguous acres. Suburban agricultural uses may include production of crops such as fruit trees, shrubs, plants, flowers, vegetables, and domestic pets. NCPC's intended use of its land is quite simply agricultural in its scope and character.10 This conclusion cannot be avoided by narrowly placing a nebulous "garden" label on NCPC's land use plans. Furthermore, as will be seen infra, NCPC's proposed activity qualifies as a moderate impact c�uasi-public use, which requires a conditional use permit under the residential zoning ordinance. � NCPC's Proposed Land Use Violates The Residential Zoning Ordinances. NCPC, despite being a church, sits on land zoned R-1.12 In fact, NCPC's land use as a church was a permitted use in an R-1 district at the time of its inception. Thus, the R-1 zoning ordinances are presently applicable to the NCPC property. In addition to being a church, NCPC also engages in the assorted occupations of being a pre-school and a State Fair Parking facility. These additional occupations require a conditional use permit in R-1 zoning districts. Ord. § 1004.015. Under the residential zoning ordinance "home occupation" is defined as: "[a]ny occupation or profession engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises." Ord. § 1002.02.13 NCPC's planned land use as a"community 10 See Farmington Township v. High Plains Co-op., 460 N.W.2d 56, 57-59 (Minn. App. 1990)(examining the substance of the land use and holding that because a lease arrangement involving a petroleum tank was more analogous to agricultural supply, the land use was not related to agriculture itself.) ""Moderate impact public or quasi-public uses include activities with more than ten (10) employees on site far any one activity, requiring more than fifteen (IS) parking spaces for any one activity.... A quasi-public use is any use which is essentially public as in its services rendered, although it is under private control or ownership." Ord. § 1002.02. 12 However, the comprehensive plan shows the NCPC property as"institutional." Roseville Comp. Plan at 4-31. Institutional land uses include civic, school, library, church, cemetery, and correctional facilities. Id. at 4-10. "The Comprehensive Plan seeks to support the existing mix of land uses by... [m]aintaining the integrity of existing single-family neighborhoods that constitute the majority of land use in this district." Id; see also Minn. Stat. § 473.858, subd. 1(2008)(providing that "the zoning ordinance shall be brought into conformance with the [comprehensive municipal] plan" if there is a conflict.). 13 One can get hung up on whether the NCPC is a technically a"residential dwelling" or not. But, clearly, the fact that the property is zoned R-1 does not obscure the reality that (1) NCPC obtained its status in the R-1 district due to being a"house of God," (2) it is presently trying to benefit from its R-1 status by claiming that "gardens" aren't regulated in R-1 districts, and (3) the city has previously enforced R-1 conditional use permit requirements on � ^