Agenda - Council - 01/25/2011 - Laserfiche WebLink

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CC Regular Session Date: 01/25/2011 By: Chris Anderson Community Development Item #: 7. 3. Information Title: Request for a Conditional Use Permit to Operate a Religious Institution in the R-1 Residential District (Rural Developing) Located at 5730 179th Lane NW; Case of Cross of Hope Lutheran Church Background: The City has received an application for a conditional use permit to operate a church on the property located at 5730 179th Lane NW. Churches are not permitted by right with the R-1 Residential zoning district, but are permitted through the issuance of a conditional use permit. A site plan and minor subdivision are also being processed concurrently with this application. January 25th represents the last opportunity for the City to review the Site Plan under MN Statute 15.99 (60 Day Rule). On November 8, 2010, the City invoked a sixty (60) day extension for the final plat, site plan, and easement vacation requests, giving the City until February 2, 2011 to make a decision on the final plat and site plan and February 12, 2011 to make a decision on the easement vacation request. The Applicant must approve of additional sixty (60) day extensions; should the applicant not grant an extension, the City will have to take action on the requests or they will be automatically approved. Due to the submittal date of the plans, the City was unable to schedule Public Hearings regarding vacation of easements and conveyance of property, which will be reviewed by the City Council separately in February. The City Council can take action on the Final Plat, Site Plan, and Conditional Use Permit this evening, contingent on said approvals. Notification: In accordance with City Code, property owners within 700 feet of the subject property were notified of the public hearing. Observations: In 1983, the City issued a conditional use permit for the operation of a church on this property. However, it appears that that permit was voided (by the City) in 1996 when churches became a permitted use in the R-1 district. Subsequent to the voiding of the original conditional use permit, religious institutions were categorized as a conditional use, and this church operation became lawful non -conforming. In addition to the conditional use permit request, the applicant has also submitted a site plan and minor subdivision to combine multiple lots into one and to construct a 17,070 square foot addition to the existing church. Due to the business -like nature of churches with regard to site layout and design, staff has utilized the B-1 Business standards for the review of the site plan and sketch plan, which would provide a higher standard for site design, landscaping, and architecture than the typical single-family residential district. The Planning Commission held a public hearing on November 4, 2010 regarding this request and there were no written or verbal comments submitted.