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� <br />� <br />� <br />� <br />� <br />� <br />]� <br />11 <br />7� <br />] ;� <br />l4 <br />1� <br />1� <br />Roseville City Council <br />DRAFT Minutes of 1/29/07 Pg 32 of 38 <br />noted that the applicant was asserting that they should be treated as such, as <br />defined by City Code, Section 1002.02. <br />Mr. Stark requested Council denial of the appeal of the Community Devel- <br />opment Director's Administrative Ruling. <br />Mayor Klausing welcomed Mark Manderfeld, Attorney for the appellant and <br />the property owner; Patricia Denny, Executive Director of Partnerships for <br />Minnesota Futures, Inc. (the les�ee/rente� of the property); and Jody <br />McClennan, The appellants, Ms. Denny and Ms. Mc�lennan, each pro- <br />vided extensive verbal testimony, with visuals, regarding their credentials, <br />the history of their firm, the company's mission, the nature of the business <br />being conducted on-site, and their research and interpretation of City Code <br />as obtained from the City's website, prior to current lease and use of the <br />property. <br />I� Mayor Klausing acknowledged that the firm's service to disabled individuals <br />a� was a laudable mission, but the item of dispute appeared to be the broad <br />7�r definition in City Code of "quasi-public" related to the purpose and use of <br />�� the property, and the Administrative Ruling that the use was inconsistent <br />� t with the spirit and intent of City Code as it related to permitted land uses in <br />� �� the R- � Zoning District. <br />�� <br />�� <br />�; Mr. Manderfeld interpretedthat the for-profit firm's provision of govern- <br />��, ment funded services and functions for public purpose and benefit and still <br />�� complied with City Code; and provided several examples of case law pro- <br />�� vided, based on condemnation law, (copies provided to City Attorney <br />�� Anderson???). <br />;�o <br />:� 1 Councilmember Pust respectfully disagreed, from her perspective as an at- <br />:� � torney; and sought to focus on information regarding land use, not condem- <br />�:� nation proceedings. Councilmember Pust acknowledged the administrative <br />;� 4 functions performed at the site, but questioned whether the work done was <br />;� � for a public purpose, and sited land use legislation and applicable statutes. <br />;�� <br />3� Mr. Manderfeld responded and asserted that, while no direct resident care <br />�� was provided at the site, the use of the property was not adverse to the <br />;� � neighborhood; and that the firm would qualify as a low impact public or <br />=� � quasi-public use as identified by code. <br />