Laserfiche WebLink
clearly there are ~.~o special rules allowing churches to engage in activities that single family <br />homeowners cannot. <br />Beyond this is the clear understanding now that the proposed land use of a <br />"community garden" can indeed be regulated through a conditional use permit. If not by the <br />absence of the use from the R1 district list of uses (see supra text at 3-4), then by the public <br />use provisions of Ordinance section 1004.02. Here, the City Code specifically regulates <br />activities that are quasi-public and have a moderate impact on the surrounding neighborhood: <br />"moderate impact quasi-public use." <br />There is no dispute that NCPC is a private entity and that any public use of its land <br />would qualify under the applicable definition of "quasi-public.i13 Further, there can be no <br />remaining dispute that the "community garden" activity is public in its services rendered. <br />(See RCA Attachment C, p2; PDF, p. 41)(Kim Spear May 19, 2010 letter to Bill Malinen <br />stating that the intention of the "community garden" is to satisfy the needs of the immigrant <br />population, the community gardeners on the Roseville waiting list, and various food shelves). <br />The planning division also now admits that "'[c]ommunity gardening' would seem apt to fit <br />the description of an essentially-public activity." (RCA, p. 6, ¶ 5.2(e).) <br />As for whether the impact of the activity is "low" or "moderate," any question in this <br />regard is answered by the fact that NCPC now plans for 15-18 plots initially and will expand <br />in future years. (RCA Attachment C, p2 (PDF, p. 41)(Kim Spear May 19, 2010 letter to Bill <br />Malinen). The puzzling contention that the proposed activity will be "low impact;" as in less <br />than 10 employees requiring no more than 15 parking spaces; is dispelled by the fact that 64 <br />Appellants in the affected neighborhood say otherwise. Indeed, the Appellants' contention <br />that the planned activity qualifies as "moderate impact" is supported by the fact that we all <br />can count. Fifteen to eighteen plots obviously contemplates family, friends and guests of the <br />leaseholder of each plot. (See RCA Attachment C, p23; PDF, p. 62)(example gardener <br />agreement.) Thus, each plot contemplates multiple persons that can expand from 18 upwards <br />to 50 persons initially involved. This will grow larger due to NCPC's intention for future <br />expansion. Even a "community garden" involving as few as 5 plots can involve more than <br />] 0 persons when considering that it is not just one person per plot that is involved with the <br />land use activity. <br />Additionally, the planning division's attempt to distinguish between W2 employees <br />and volunteers is without merit. It cannot be ignored that the proposed "community garden" <br />is being managea by the church and its employees, which by themselves number greater than <br />ten. Just the persons (employees and volunteers) identified as the "community garden" <br />planning committee total nineteen: <br />Planning Committee: <br />Kim Spear <br />Sue Rickers <br />Gavin Watt <br />Jym Hubbell <br />Carolyn Peterson <br />Heather Good <br />Charlie Good <br />Darby Laing <br />Eric Brandsness <br />Michael Wilson <br />Ordeen Finkelson <br />Dorothy Finkelson <br />Jim Amey <br />Rita Amey <br />Dan Graham <br />Justin Miller <br />Conrad Miller <br />Dawn Miller <br />Carole Ruct <br />is "A quasi-public use is any use which is essentially public as in its services rendered, although it is <br />under private control or ownership." Ord. § 1002.02. <br />