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217 Minn. 483, 497, 14 N. W.2d 913, 921 (1944)(corporate bylaws have the same force and <br />effect as provisions of a corporation's charter or articles of incorporation and must be obeyed <br />by the corporation and its directors, officers, and shareholders.). <br />Be this as it may, the City Council may not have too much "skin in the game," so-to- <br />speak, from an enforcement standpoint anyway. The fact that all agree that NCPC's planned <br />activity is substantially a public endeavor makes enforcement rather unnecessary anyway. <br />To be sure, whether the proposed "community garden" strives to assist the immigrant <br />population, the community gardeners on the Roseville waiting list,4 or the various food <br />shelves,s there can be no doubt remaining that the purpose of NCPC's proposed land use <br />activity is very public in its nature and design. The City itself admits this through its <br />promotion of NCPC's planned "community garden" to the public at large on the city website. <br />(See RCA Attachment D, p. 6-14)(PDF, 85-93). Clearly, the fact that the City was <br />promoting the activity to the general public is not new evidence to the City.6 The City <br />advertisement even noted that the community garden was going to be "large." (Id.) This <br />corresponds to NCPC's admission that the "community garden" will now start with 15-18 <br />plots and will expand in future years. (RCA Attachment C, p2 (PDF, p. 41)(Kim Spear May <br />l 9, 2010 letter to Bill Malinen).~ The planning division also now admits that "'[c]ommunity <br />gardening' would seem apt to fit the description of an essentially-public activity." (RCA, p. 6, <br />¶ 5.2(e).) <br />(3) THE PLANNING DIVISION ADMITS THAT THE ZONING CODES CAN REGULATE <br />COMMUNITY GARDEN ACTIVITIES. <br />The RCA states that: <br />...Euclidean (i.e., use-based) zoning codes like Roseville's are often intended <br />and interpreted to prohibit uses which are not included in a list of uses <br />associated with a given zoning district. This convention serves to obviate the <br />question of whether, say, a metal foundry may be established on an R-1 <br />property; a metal foundry is not in the list of allowed uses and, consequently, <br />would not be permitted. <br />(RCA, p. 2, ¶ 4.1.) Following the planning division's reasoning, a "community garden" does <br />not appear on the R1 list of permitted activities, so it must be prohibited much like a metal <br />foundry would be. The planning division even admits that: "The R1 district is designed to be <br />the most restrictive of the residential districts." (Id., p. 3, ¶ 4.3.)(quoting the Purpose <br />Statement of the R1 Zoning District). <br />' RCA Attachment C, p.2 (PDF, p. 41)(Kim Spear May 19, 2010 letter to Bill Malinen). <br />41d. (stating that "We are delighted that our community garden will shorten the waiting list of Roseville <br />residents wanting community garden plots.") <br />s Id. <br />6 See RCA, p. 1, ¶ 2.l (stating that the initial communication between NCPC and the city staff began in <br />mid- to late March.). <br />Its original plan, as presented to the planning division, began with 26 plots. RCA Attachment A, p. 21 <br />(PDF, p. 21). <br />3 <br />