Agenda - Council - 09/24/1996 - Laserfiche WebLink

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CASE #: REQUEST TO REZONE CERTAIN PROPERTY FROM R-1 RURAL RESIDENTIAL TO R-3 URBAN RESIDENTIAL; CASE OF NEW LIFE CHURCH By: Zoning Administrator Sylvia Frolik Background: As you recall, _New Life Church acquired property on the east side of T.H. #47 at about 172nd Lane. They are proposing to build their new church structure on the property but it is zoned R-1 Raral Residential, for which churches are not a permitted use. Consequently, the City received formal application for a rezoning of the property to R-3 Urban Residential, fo~ which churches are a permitted use. On July 2, 199r. 6, the Planning Commission conducted the public hearing and with some reservations, recommended rezoning the property to facilitate the development of the church. On J~ly 23, the City Council accepted the recommendation of the Planning Commission but also expressed concern with the creation of an urban parcel in a rural district and the development potential for it if the church did not become a reality. On August 13, 11996, City Staff reported that it has been determined that the City Code is not specific endugh to apply 4 in 40 density zoning to parcels that do not have sewer and water availablelto them. Therefore, if the church did not become a reality it would be · r possible for the!property to be developed with 1 acre single family residential lots. It was also reported tolCouncil that in recent Minnesota court cases it has been ruled that churches should not be e~tcluded from any residential district without very good cause. As a result of ~e August 13 meeting, City Council and City Staff agreed that rather than set a precedent of ¢reating urban parcels in rural districts, City Staff should make the necessary arrangements t4 amend the R-1 and R-2 residential districts to allow churches as permitted uses and deny the request for rezoning from New Life Church. Noti fi ca ti on: Representatives of the New Life Church were notified that this case would be on the agenda. Observations: The denial of th,e request for rezoning should be based on findings of fact that are negative in nature. The ,previous findings of fact g0404 (Resolution g96-07-176) are positive in nature. In a previous case this evening, City Council did take action necessary to amend the R-1 and R-2 residential districts to allow churches as permitted uses. The following items are enclosed: a) Resolution ~)6-07-176 adopting Findings of Fact g0404 b) Proposed findings of fact