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City Council Regular Meeting Minutes May 24, 2005 Page 5 1 this site. Would there be a problem having funeral homes and cemeteries falling within two 2 different zoning districts. There was discussion about the historical nature of the site. The entire 3 site with all buildings is eligible for historic preservation. The Administration Building is maybe 4 not of historic significance, but the entire site and all the pieces of the puzzle may be. What 5 would the role of the Administration Building be in this text change. Perhaps we should impose 6 conditional uses to control the situation. She pointed out a motion was made to approve the text 7 amendment, but not seconded. A motion was made to deny and this was passed with one nay 8 vote. 9 10 Mayor Faust stated a note was received from Mr. Dan Tyson, which states his client requests the 11 postponement of the above hearing. 12 13 Mr. Tyson stated his client is requesting to not proceed with a vote on this matter. This matter 14 will be brought to this body at another time when the language of the Ordinance could be 15 modified and reviewed to ensure compliance with the inconsistent zoning his client suffers with 16 a cemetery in an R -1 District since it is a non - conforming use. He said that Alderwoods has 17 been on this journey for six months and tried to do everything the City has asked. The cemetery 18 is the favorite choice of our Chairman of the Board and is a very important place for 19 Alderwoods. He is asking to remove from the text amendment the reference to "funeral home" 20 and "crematorium" from the permitted uses, which was originally thought to be appropriate. He 21 said they heard from the City, and the people that attended the meeting, that a funeral home in 22 this location is something the City does not want. Therefore, they are removing this from the 23 request. He suggested leaving the Administration Building the way it is. The request now is to 24 make the zoning consistent with cemetery use. He noted this may bring issues to this body that 25 have not been considered before and may not have been considered by the Planning 26 Commission. He is asking that this issue be laid over to another time. He recognized there is a 27 60 -day constraint imposed by the state, which could be a concern. He stated his client authorized 28 him to waive the 60 -day rule. He asked that the cemetery be made a legal conforming use. 29 30 Councilmember Gray inquired what the advantage is for the client to change the zoning. 31 32 Mr. Tyson explained that his client originally request that ROS use be permitted. The Council 33 voted no on that issue. This was the selected method of approach with Staff and the City 34 Attorney to bring to this body. There are inconsistencies. To have a legal non - conforming use, 35 though legal, is a hardship for his client. He stated in recognizing that we did have a different 36 plan ahead in locating the new funeral home, we have removed it from the table. Now the 37 request is to change the uses within the zoning to allow cemeteries within the district. 38 39 Mayor Faust said he appreciates them try to clean things up. He pointed out that as long as they 40 are in a legally non - conforming use, they have full use of the property. He said it is difficult to 41 see that there is a legal hardship. It is grandfathered into the R -1. He stated he does not see a 42 compelling reason to change the use. He accepted their withdrawal of working with the Staff. 43 44 Mr. Gilligan, City Attorney, stated that while there may be something of a burden being legal 45 non - conforming, the only limitation is there cannot be expansion. Is a valid use of land as it 46 presently exists. 47