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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