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Regular City Council Meeting Monday, May 24, 2010 Page 8 b. Appeal the Administrative Ruling that the Single-Family Residence (R-1) District does not Regulate Community Gardens Community Development Director Patrick Trudgeon clarified the specifics of this process appealing the administrative ruling and interpretation of Planning Divi- sion staff that Single-Family Residence Districts (R-1) do not regulate community gardens, as detailed in Section 2.4 of the RCA, specific to City Code, Section 1015.04C specifying evidence provisions. Mr. Trudgeon asked that, if the City Council findings supported that appeal that Planning Division staff erred in its administration of the zoning code, that they also discuss and determine whether a community garden may be allowed in an R-1 District; and if so, what process would be required to allow them. Mr. Trudgeon noted receipt of numerous written correspondence and e-mails, at- tached to the RCA dated May 24, 2010 (Attachment D), as well as later ones pro- vided as bench handouts. Mr. Trudgeon, in opening statements, assured Councilmembers and the public that this decision was not a subjective finding by staff or done "on a whim," as suggested inane-mail; but was based on staff's interpretation of specific guid- ance in City Code for low and moderate uses, and staff's determination that a community garden use was a low impact use, not requiring a Conditional Use Permit (CUP) application process. Mr. Trudgeon reviewed the history of the garden, the City's advertising of it on the City's website through the Parks and Recreation Department at the request of the church for supporting local food shelves, and unknown to the either his or the Parks and Recreation Director's knowledge, and simply staff seeking to support community-sponsored events, but not endorsed or being "pushed" by the City. Mr. Trudgeon further advised that the City Attorney's response to the appeal was included in the packet materials (Attachment B). Mayor Klausing noted the differences in local government and presumptions that people were free to do as they chose on their private property without the gov- ernment permitting it unless there was an existing government restriction in place to regulate use, in consideration of the need to protect the health, welfare and safety of the community. Discussion included the definition of low and moderate impacts in the land use chart. Public Comment Additional Bench Handouts at meeting included: written and/or e-mail correspon- dence in opposition from Lois V. Nyman, 1720 N Chatsworth Street; Larry Leiendecker; Marilyn Salay; and Marty Marchio, 962 West Larpenteur Avenue.