HomeMy WebLinkAboutCity Council Resolution 2004-426CITY OF PLYMOUTH
RESOLUTION 2004-426
DENYING THE APPEAL OF EVERGREEN COMMUNITY CHURCH
FOR A RELIGIOUS USE IN THE I-2, GENERAL INDUSTRY DISTRICT (2004106)
WHEREAS, on August 12, 2004 Evergreen Community Church submitted an application for a
Conditional Use Permit (CUP) to conduct their worship services and other related activities in a
portion of the Midwest Business Center Building, located at 5205 Highway 169 North; and
WHEREAS, the Zoning Administrator reviewed the application and found that the application
could not be accepted because the Zoning Ordinance does not allow religious institutions either as
a permitted or conditional use in the I-2, General Industry zoning district in which the site is
located; and
WHEREAS, on September 3, 2004 Evergreen appealed, alleging a possible violation of the
federal Religious Land Use and Institutionalized Persons Act (RLUIPA); and
WHEREAS, the City Council, acting as the Board of Zoning Appeals, has reviewed the appeal
and the application for conditional use permit at a duly called public meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the appeal of Evergreen
Community Church, based on the following findings:
1. The Zoning Ordinance does not allow religious uses in the I-2, General Industry
District.
2. There is no violation of RLUIPA, as Plymouth's zoning ordinance does not treat a
religious assembly on less than equal terms than equivalent non -religious assemblies.
3. The prohibition of churches in the I-2 zoning district does not impose a substantial
burden on the religious practices of Evergreen Community Church.
FURTHER, BE IT RESOLVED, that the application for a conditional use permit by Evergreen
Community Church is hereby disapproved, because the Plymouth Zoning Ordinance does not
allow churches in the I-2 District and does not provide for such an application; and
FURTHER, BE IT RESOLVED, that the staff is directed to undertake a review of the Zoning
Ordinance to determine if the changes should be made to allow churches in industrial districts, or
may be needed to comply with RLUIPA.
ADOPTED by the City Council on October 12, 2004.
Resolution 2004-426
(2004106)
Page 2
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Plymouth City Council on October 12, 2004 with the original thereof on file in my office, and the
same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk