The URL can be used to link to this page

Home My WebLink AboutCC RES 12-053 RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR RELIGIOU ASSEMBLY AT 3055 OLF HIGHWAY 8 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 103740 Box: 31 Folder: RES 2012 Document: CC RES 12-053 RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR RELIGIOU ASSEMBLY AT 3055 OLF HIGHWAY 8 CITY OF SAINT ANTHONY VILLAGE RESOLUTION NO. 12-053 RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR RELIGIOUS ASSEMBLY AT 3055 OLD HIGHWAY 8 WHEREAS, on February 14, 2012, the City of Saint Anthony Village (the "City") received a request from Muxamedrashid Ali and Mr. Michael Medina(together, the "Applicant") for a Conditional Use Permit("CUP") to establish a place of religious assembly within a portion of the property located at 3055 Old Highway 8, legally described in Exhibit A to this Resolution (the "Property"); and WHEREAS, the Applicant has indicated there is a valid, enforceable purchase agreement with the owner of the Property; and WHEREAS, the Applicant has requested a CUP for a place of assembly for a portion of the building that is located on Parcel A of the Property and for required parking on Parcel B of the Property; and WHEREAS, the Property is located within the light industrial zoning district; and WHEREAS, a public hearing was properly noticed and held at the regularly scheduled May 15, 2012 Planning Commission meeting; and WHEREAS, the Planning Commission reviewed and considered the request based on the record and related documents shown in the Applicant's application at the Planning Commission's special session on June 4, 2012; and WHEREAS, the City welcomes and makes available within its zoning districts space devoted to religious assembly uses; and WHEREAS, the Zoning Code allows places of religious worship as conditional uses within the City's residential zoning districts, which comprise a majority of the City's available space; and WHEREAS, at the time the Applicant filed its application, the Zoning Code allowed the conditional use of"assemblies, meeting lodges, and convention halls" within the City's light industrial and commercial zoning districts; and WHEREAS, on October 25, 2011, the City Council denied an application for a CUP to locate a Christian church in the light industrial zoning district, finding, among other things,that religious assemblies were an inappropriate use in the light industrial zoning district; and WHEREAS, the City staff has undertaken a Study for the Purpose of Considering Amendments to the City Zoning Code Regarding the Regulation of Assemblies, Meeting Lodges, and Convention Halls (the "Study"), which the City Council received at its June 12 meeting; and WHEREAS, the Study concludes that the term"assembly" as used in the Zoning Code was not intended to include places of religious worship; and WHEREAS,the Study concludes that the City did not intend places of religious assembly to exist as conditional uses within the City's commercial and light industrial zoning districts, which are the primary economic centers of the City but comprise a limited area of the City's available space; and WHEREAS, the Study concludes that religious assembly uses best belong integrated into the residential zoning districts, which comprise the majority of the City's available space; and WHEREAS, the Study recommends not allowing places of religious or non- religious assembly within the light industrial zoning district because allowing any assembly use within the light industrial zoning district would counteract City planning and economic development goals; and WHEREAS, the Study recommends allowing religious and non-religious assembly uses within the commercial zoning district as a means of offering a reasonable non-residential alternative for all types of assemblies (religious and non-religious) to find space within the City; and WHEREAS, amendments to the City's Zoning Code are required to accomplish the Study's recommendations; and WHEREAS, the City Council has adopted and approved the Study and its recommendations, including amendments to the City's Zoning Code; and WHEREAS, consistent with the Study's findings and recommendations, the City Council has directed City staff to prepare a text amendment to the City Zoning Code to eliminate all assembly uses within the light industrial zoning district and permit all assembly uses in the commercial zoning district; and WHEREAS, the Applicant's CUP is not consistent with the current and proposed amended City Zoning Code, is not consistent with prior City Council actions as noted above, and is not consistent with the recommendations of the Study; and WHEREAS, under Minnesota Statutes section 15.99, the City Council is required to take action to approve or deny the Applicant's CUP request on or before June 12, 2012. NOW, THEREFORE, BE IT RESOLVED that based on the findings and recommendations stated above, the City Council denies the Applicant's request for a Conditional Use Permit for the religious assembly use on the Property. DENIED in the regular session of the City Council on June 12, 2012. J rome O. Faust, Mayor Attested: &&&'& r Barbara Suciu, Clerk EXHIBIT A Legal Description of Property Parcel A: That part of the Northeast Quarter of the Southeast Quarter and that part of the Southeast Quarter of the Southeast Quarter in Section 6, Township 29, Range 23 described as beginning at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence West parallel with the North line of said Northeast Quarter of the Southeast Quarter a distance of 282.66 feet; thence Southwesterly 864.38 feet, more or less to a point on the South line of the North 350 feet of said Southeast Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast corner of the North 350 feet of said Southeast Quarter of the Southeast Quarter; thence East along said South line 95.58 feet; thence Northeasterly to a point on the East line of said Northeast Quarter of the Southeast Quarter distant 143.1 feet South from the point of beginning; thence North along said East line to the point of beginning, EXCEPT that part lying Northerly and Northeasterly of the following described line: Commencing at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence West, parallel with the North line of said Northeast Quarter of the Southeast Quarter, a distance of 282.66 feet; thence Southwesterly, along a line that intersects a point on the South line of the North 350 feet of said Southeast Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast corner of the North 350 feet of said Southeast Quarter of the Southeast Quarter, a distance of 188.86 feet and to the actual point of beginning of the line to be described; thence South 52 degrees 33 minutes 36 seconds East, a distance of 260.03 feet to the Southeasterly line of the above described property, and said line there terminating. Certificate of Title No. 1332882 Parcel B: That part of the Northeast Quarter of the Southeast Quarter and that part of the Southeast Quarter of the Southeast Quarter in Section 6, Township 29, Range 23 described as beginning at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence West parallel with the North line of said Northeast Quarter of the Southeast Quarter a distance of 282.66 feet; thence Southwesterly 864.38 feet, more or less to a point on the South line of the North 350 feet of said Southeast Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast corner of the North 350 feet of said Southeast Quarter of the Southeast Quarter; thence East along said South line 95.58 feet; thence Northeasterly to a point on the East line of said Northeast Quarter of the Southeast Quarter distant 143.1 feet South from the point of beginning; thence North along said East line to the point of beginning, 4823-0351-8735\1 6/13/20129-39 AM Lying Northerly and Northeasterly of the following described line: Commencing at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence West, parallel with the North line of said Northeast Quarter of the Southeast Quarter, a distance of 282.66 feet; thence Southwesterly, along a line that intersects a point on the South line of the North 350 feet of said Southeast Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast corner of the North 350 feet of said Southeast Quarter of the Southeast Quarter, a distance of 188.86 feet and to the actual point of beginning of the line to be described; thence South 52 degrees 33 minutes 36 seconds East, a distance of 260.03 feet to the Southeasterly line of the above described property, and said line there terminating. Certificate of Title No. 1332881