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4. Extension of Temp Use Permit, Westsude Baptist Church 4/7 I r CITY OF k 111, CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 1 MEMORANDUM TO: Don Ashworth, City Manager FROM: Jo Ann Olsen, Asst. City Planner `` DATE: February 17, 1988 //'' _ SUBJ: Extension of Temporary Conditional Use Permit for Westside Baptist Church 1 On February 23 , 1987 , the City Council waived the conditional use permit process to permit the Westside Baptist Church to be located in the Murphy Building in the IOP District (Attachment #1) . The temporary location of the church was limited to one year. Westside Baptist Church moved into the Murphy Building on March 15 , 1987. Therefore, the temporary conditional use permit 1 expires on March 15 , 1988. Westside Baptist Church is in the process of finding a new loca- tion and may actually be out of the Murphy Building by March 15 , 1988 . If it is not possible for them to relocate by March 15th, the City Council would have to either extend the temporary con- ditional use permit or require that they vacate the building on March 15 , 1988. RECOMMENDATION The City Council should either approve or deny an extension to permit the Westside Baptist Church to be located in the Murphy building in the IOP District past March 15 , 1988 . 1 ATTACHMENTS 1 . City Council minutes dated February 23 , 1987. I I 1 I -1 City Council Meeting - February 23, 1987 work on my property and no benefit including a pond which in fact can be an 1:- atrocious sight at times. What I want to do is hide that thing. Councilman Geving: Let me say this though. I believe this improvement project will greatly enhance your property. I really believe that what is there now with the water that's coming down there is making your property less sellable. What we're attempting to do is correct that. Lou Tesler: It's not affecting my property whatsoever. It's affecting my neighbor's property. I have no drainage problem on my land. I think Mr. Warren verified that. Councilman Geving: I just hope that you don't hold up this improvement project. Lou Tesler: I don't know how we can resolve it. What are you asking? ' Mayor Hamilton: I think what we need to do, rather than sit here and argue it is to have Gary meet with Mr. Tesler and see if it can be worked out and if it's unreasonable then they'll have to come back. Then we have no problems with the easements and whatever is required for us to get on there to do the work? Okay, good. Gary will be giving you a call to move ahead with the project. Get your signatures. Thanks all of you for coming. , Mayor Hamilton moved, Councilman Horn seconded to move ahead with the Sunset View Addition, Lots 10-14 Drainage Plan using Plan A as outlined by the City Engineer. All voted in favor and motion carried. WAIVER OF CONDITIONAL USE PERMIT REQUEST, WESTSIDE BAPTIST CHURCH, BRIAN PIKE. 1 Jo Ann Olsen: The applicant is currently in the Minnetonka West Jr. High. They must find a temporary location facility for locating their church. They found space in an industrial office park and that is not zoned to permit churches. We also have a temporary use section in the Ordinance which we found that Conditional Uses run with the land. Essentially Staff has found to properly intrepret the Ordinance, we must have an Ordinance amendment and even if we do, we would not be able to recommend allowing a church. .. Should the Council wish to go with the temporary use, it should help the process. Mayor Hamilton: I understand that but I sure have a problem with that. I can't believe that there isn't some way we can accommodate this and just make it a temporary use. Whether it's a non-conforming use. I don't care how we structure it or how we word the contract or any agreement we may draw up with Pike and the church, I just can't believe that we can't do this and allow them to use someplace in the industrial until such time as they have found quarters elsewhere where they are allowed. They're planning on building a church, or talking about it, in the R-1A District. This is one of the things that frustrates me so dang much about government law and government zoning ordinances and all that. It almost gives you no room for leeway and it is very frustrating. 34 i _ 3 City Council Meeting - February 23, 1987 Councilman Geving: Its frustrating because we make the rules and we should be able to bend the rules when the need is there. Here is an emergency situation. These people are being thrown out of their present facility. They want a temporary Conditional Use Permit for no more than a year in an industrial area and we have to be reasonable people. I think that's why we're elected. To be reasonable and to accommodate situations like this. What if their church already existed and burned down and they had to move into a temporary quarters in an industrial complex? It would be no different and ' we're not going to wait two months until it gets through the planning process and the entire government structure so this gets approved. I too am very frustrated about how the wheels of government and we create these rules ourselves Tom. We ought to be able to accommodate a church or any other ' emergency situation. I'm all in favor of waiving whatever is necessary to allow the Westside Baptist Church to utilize those quarters for the next 12 months. Councilman Johnson: I tend to disagree with our Attorney. Not that I'm an Attorney but we've passed a City Ordinance and our City Attorney got to look ' over the City Ordinance and should have told us at that time that our City Ordinance wasn't legal. He had a shot at it. We passed the Ordinance and as far as I understand, this Ordinance is the law of the City until somebody challenges it and the Court kicks it out. The Westside Baptist Church folks ' are not going to challenge the Ordinance because it does what they want it to do. I think we're doing exactly what our Ordinance says we can do and I hope our City Attorney won't challenge our own City. ' Mayor Hamilton: Then he won't have a job. ' Councilman Johnson: We passed the Ordinance. It's the law until it's challenged and found illegal in Court so as far as I'm concerned we should pass this based on our present City, published is our newspaper last week, our Zoning Ordinance. We got the provisions in there in that section that's ' quoted. Councilman Horn: I wish the Attorney were here tonight. Are we violating any ' precedent in this thing? Are we setting precedent? Jo Ann Olsen: Applicable to the new Ordinance, you have to conform with the Christmas tree sales. You don't have to challenge the Ordinance. ' Councilman Horn: To do what? Jo Ann Olsen: You do have the power which way to go. Barbara Dacy: Based on an emergency situation, make a statement of fact as to ' why. Jo Ann Olsen: We are pointing out that we really don't have a section for. .. Councilman Horn: But we can use our perogative if we think it's an emergency? 1 35 4 City Council Meeting - February 23, 1987 Councilman Geving: I'm going to modify my motion to indicate that the reason for the waiver of the petition for this permit for the Westside Baptist Church is based upon an emergency situation and that because of this emergency we are waiving the normal Conditional Use process. Mayor Hamilton: I'll amend my second. Councilman Johnson: i don't believe it's even necessary because we are permitted under a Conditional Use Permit. Councilman Geving: Yes, but I'm just trying to strengthen why we're doing it so in the future we'll have no precedence. Mayor Hamilton: Non-precedent setting. Councilman Johnson: What you're doing with your motion is admitting that our Section 4 of Article 6, Supplemental Regulations, is not there. I would say we want a motion that we would like to do a temporary conditional use per Section 4, Article 6 rather than trying to by-pass our Ordinance for an emergency. ' Councilman Geving: I think it is an emergency and that's the way I stand. Councilman Geving moved, Mayor Hamilton seconded to approve the waiver of the Conditional Use Permit for the Westside Baptist Church to utilize the office space in the Industrial Park for the next 12 months based on an emergency situation. All voted in favor and motion carried. CONDITIONAL USE PERMIT REQUEST FOR A LANDSCAPE CONTRACTOR'S YARD/WHOLESALE NURSERY, MERLE VOLK/GARDENEER. Jo Ann Olsen: The applicantion is for a landscape contractor's yard. The site is located on the northwest corner of Galpin Blvd. and CR 18. Currently there are two other contractor yards on the site. Merle Volk and R & W Sanitation. Again, the City Attorney has interpretted the Ordinance that you must review this as a separate use. The site is in the northeast corner of the site and it will have access from CR 117. There is an existing barn that will be removed and there will be some storage bins for storage. They will be extending the berm to further screen the parking, the trucks and equipment. There will be separate plantings to the east to further screen the site from CR 117. Carver County has reviewed the site plan and has not felt the increase in traffic will be detrimental enough to warrant additional access improvements. The Ordinance requires that you can not have more than two contractor yards within one mile and this contractor's yard, again would have to be considered separate so then it would be within one mile of another contractor's yard. Therefore, it would require a variance to the Ordinance. Staff is concerned, about the possibility of cleaning up the site by adding additional berms and storage area. The Planning Commission recommended approval with the following conditions: 36 ' — — - '/