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First, placing a community garden on land zoned POS is quite different than placing a <br />community garden on land zoned R 1. For land zoned POS it is highly conceivable that the <br />community will congregate on the land for the various outdoor activities associated with <br />public parks and open spaces. The same is not true for land zoned R1; the most restrictive <br />residential district; where the NCPC is situated. Second, the five residents abutting the Oasis <br />community garden do not have frontal views of the garden. Rather, the community garden is <br />an extension of their backyards. (See Satellite Picture, Ex. 1)." To be sure, the five abutting <br />R 1 landowners to Oasis Park obviously anticipated the public and outdoor aspects of the park <br />and woodland area when they purchased their homes. Third, the City of Roseville manages <br />and maintains the community garden in the Oasis Park. Apparently, it has successfully done <br />so for many year:. So, the City of Roseville is already in the business of regulating and <br />managing the activity. Moreover, the City obviously has long been aware of the public <br />nature of the activity - so much so that it restricted the placement of the community garden to <br />land zoned POS that was in an area tucked away from significant exposure to single family <br />homes. Despite claims to the contrary, this speaks very loudly to the moderate impact <br />associated with the public nature of community gardens. <br />(5) THE ZONING CODE REQUIRES THAT NCPC OBTAIN A CONDITIONAL USE PERMIT <br />The RCA emphasizes that the planning division "does not find room for legitimate <br />debate about whether a church achieves the status of a residential dwelling by virtue of it <br />being a 'house of God."' (RCA, p. 3, ¶ 4.6.) Regrettably, this view is indicative of the overly <br />simplistic examination that the planning division has given to the issue that was placed <br />before it. See supra note 8. Any references made to the NCPC building being a "house of <br />God" simply acknowledges that it is NCPC's (i.e., the land owners') view and belief. <br />Whether we might agree with it or not; or give credence to the belief or not; I believe that we <br />should not summarily discount the land owners' belief in this regard. In summarily <br />discounting the land owners' belief, the planning division overlooks that the NCPC building <br />is actually situated on land zoned Rl. Certainly, it must follow the Rl rules just as I have to <br />follow them. Despite the implication to the contrary, there are no special rules for churches <br />in an R1 district. Just because the land owner is a church does not mean that it can engage in <br />activities, in this case outdoor activities, that other landowners in the same RI district are <br />prohibited from doing. Any contrary view or implication is just patently wrong.12 As a <br />matter of fact, the planning division admits that land use as a church today in an Rl district <br />would require a conditional use permit. (RCA, p. 2, ¶ 4.2.) This reflects that somewhere <br />along the line the City of Roseville made the determination; in the furtherance of the health, <br />safety, morals, and general welfare of the community; that church use on R1 land required <br />regulation because of the impact that such use has on the surrounding neighborhood. So, <br />~ ~ This is not new evidence as the City is deemed to have been aware of this at the time of its "formal <br />action." <br />12 See Minn. Stat. § -162.357, subd. 1 (2008)("The regulations shall be uniform for each class or kind of <br />buildings, structures, or land and for each class or kind of use throughout [a zoning] district.")(emphasis <br />added). <br />