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Planning Commission Regular Meeting Minutes February 21, 2012 Page 3 1 • In speaking with the City Attorney, he indicated that a CUP will have to be requested for 2 each additional permitted conditional use as listed in the Zoning Code for the Light 3 Industrial zoning district. 4 • Additionally, since schools are not a permitted conditional use for the L 1 zoning district, 5 the applicants will have to petition an amendment to the zoning code, subdivision 6 §152.142 PERMITTED CONDITIONAL USES, to include schools. 7 • A suggestion was made that the property could be re -zoned to an R -4 designation to 8 accommodate having a school on this site. The City Attorney reported that rezoning 9 would create several legal non - conforming uses because of the businesses that are 10 currently housed in the St. Anthony Business Center. The realtor for the applicant had 11 reported that there are currently several businesses currently operating in the building, 12 some of the leases going out to 2015. The City Attorney advised that re- zoning should 13 not be an option at this time. 14 • This property was also split into two (2) lots in 2009 to encourage redevelopment of the 15 site. Lot A, which is the north half of the property, which serves as the parking lot for the 16 building. Lot B includes the building and parking, sufficient to support the current 17 tenants. Abu - Huraira Islamic Center plans to purchase both lots, which will then provide 18 sufficient parking for their cultural, educational and religious activities. When asked, the 19 City Attorney indicated that there is no requirement for the proposed buyers to combine 20 the lots; they may do so whenever they feel it is appropriate. 21 • An important consideration for the City to weigh is if this property is granted a CUP for 22 assembly, their religious activities may have them petitioning Hennepin County for 23 property tax exclusion once their tenants have fulfilled the terms of their lease and have 24 moved out. This would be a consideration with any religious group that proposes to buy 25 any non -tax- exempt property in the City. 26 27 Mr. Michael Medina, Project Architect, stated they are requesting a CUP for this property. Mr. 28 Medina referred to a photograph and drawings of the property. Mr. Medina stated the building 29 would be ideal for the assembly. The sprinkler systems would be changed to meet their needs. 30 Mr. Medina provided a letter explaining their plans for the building. There would be minimal 31 requirements for remodeling. Mr. Medina stated the building was well- maintained and the 32 mechanical systems should be sufficient for the building. These systems may be upgraded in the 33 second phase. 34 35 Chair Heinis requested Mr. Medina explain the colored areas on the diagram. 36 37 Commissioner Cincoski asked how many tenants are directly upstairs. Mr. Medina stated there 38 is 50% occupancy. Mr. Medina reviewed the prayer hours. 39 40 Commissioner Niccum asked where the school would be located. Mr. Medina stated the school 41 would be ancillary to the center where classes would be taught. These classes would be held on 42 the first floor and be held during the prayer times. Religious studies would be taught on 43 weekends, possibly. 44