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--. Mr. Bill Malinen Monday, Apri126, 2010 5 .t garden" or "urban agriculture" is yet an additional occupation in an R-1 district. The residential zoning ordinance prohibits home occupations that are not entirely confined to the residential dwelling. "The home occupation shall be conducted entirely within the dwelling." Ord. § 1004.01(G)(2)(a). Further, only the resident plus one non-resident can be engaged in the home occupation. Ord. § 1004.01(G)(2)(b). NCPC's planned land use as a"community garden" or "urban agriculture" is clearly not confined to the dwelling; its plans call for at least 26 non- residents to engage in the occupation; and its plans materially change the character of the premises to agricultural. NCPC is therefore required to obtain a conditional use permit. NCPC's proposed additional occupation as an"urban agriculture" site also qualifies as a moderate impact quasi-public use. Ord. §§ 1002.02; 1004.015. So, not only do its plans violate Ord. § 1004.01(G)(2), ordinance section 1004.015 expressly requires that NCPC obtain a conditional use permit for its planned moderate impact quasi-public activities. At the same time, Roseville's recent treatment of NCPC's additional occupation as a State Fair Parking site is quite definitive. In 2008, the planning division required NCPC to obtain a conditional use permit for leasing its existing church parking areas for State Fair Parking. The City of Roseville must treat NCPC no differently now when its present plans involve the leasing of its land to the general public for the purposes of urban agriculture. NCPC's Proposed Land Use Violates Minn. Stat. � 31 S. 47 (2008). Much like the Minnesota Business Corporation Act (Minn. Stat. Ch. 302A) and the Minnesota Nonprofit Corporation Act (Minn. Stat. Ch. 317A), Minnesota law also regulates religious societies and associations. Minn. Stat. Ch. 315 (2008). NCPC's governing documents were in fact "enacted pursuant to the provisions of Minnesota Statutes, Chapter 315 and where applicable aze subject thereto." (NCPC Bylaws art. I, § 1.)14 Section 317.47 states in pertinent part: "[p]roperty and its income under the control of the board must be devoted only to the purposes of the association." Minn. Stat. § 315.47 (2008). Clearly, NCPC; by planning for its property to be leased, without financial benefit to itself, to others not affiliated with the church; is allowing its property to be used by other parties in a manifestly agricultural manner that is beyond the religious purpose of the NCPC association. Therefore, NCPC's proposed land use violates state law and its governing documents. NCPC's Proposed Land Use Has A Significant Likelihood Of Causing Nuisances. The size and scope of NCPC's "community garden" or "urban agriculture" has a significant likelihood of bringing nuisances to the nearby neighborhood. Traffic to the neighborhood will obviously be affected. � 5 Urban agriculture of the size and scope planned by NCPC will likely bring pests such as rats, mice, rabbits, skunks, raccoons, foxes, deer, and - NCPC's various occupations by way of Ord. § 1004.015. See Minn. Stat. § 462.357, subd. 1(2008)("The regulations shall be uniform for each class or kind of buildings, structures, or land and for each class or kind of use throughout [a zoning] district."). 14 http://www.northcomochurch.org/documents/NorthComoBy-Laws.pdf 15 Furthermore, as is clearly deduced from the plans, the NCPC "community garden" contemplates the primary use of city street parking due to the initial 26 plots being positioned far from the existing off street parking areas of the church. (See NCPC Plans).