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Approved <br /> preparation. She added that this ordinance would affect privately run catering businesses that are <br /> utilizing the churches kitchen facilities. O'Brien asked if any food would be consumed at the <br /> church. Gundlach replied that the food would be taken off site and not eaten at the church. <br /> O'Keefe inquired if there are any other private businesses that are allowed to work out of a <br /> church facility. Gundlach replied that she could not find any other similar circumstances. <br /> O'Keefe asked if the neighborhood had received any notices regarding the meeting. Gundlach <br /> reported that there was a notice in the newspaper,but did not flyer residents within 350 feet, <br /> because it is not required for an ordinance change, she did note that the surrounding buildings are <br /> almost all business or office with very little residential. Fernelius added that the caterer and the <br /> church would have to come before the commission with a special use permit before the use is <br /> approved and that would trigger the public hearing notice to residents within 350 feet. O'Keefe <br /> stated that commercial uses on commercial properties taxes are collected, and inquired if taxes <br /> would be collected for this private business. Fernelius replied that taxes are unrelated to this <br /> ordinance. <br /> Schiferl stated that he has an issue with the ordinance,because it is allowing a new use in a <br /> building that was not approved when they received their original special use permit. Baker <br /> replied that the kitchen space would not be dedicated to the caterer,but a shared space with the <br /> church and that there are commercial day cares at churches. O'Brien stated that while he shares <br /> Schiferl's concern of permitting an unrelated use, it would be nice to allow a continuous use of a <br /> kitchen that is very expensive to put in. Howard replied that he is concerned that this may allow <br /> other churches in the city to start catering businesses out of their kitchens and is worried that the <br /> ordinance seems to be written for this specific situation. Zisla added that by allowing the caterer <br /> they would be allowing a business/commercial use in a residential zone. <br /> Pat MacKenzie,MacKenzie and Friends,Inc, stated that he had a catering business in Eden <br /> Prairie that he ran out of a church,but will be relocating to New Brighton this coming fall and <br /> would like to relocate his business up here. He added that he did not know the area was zoned <br /> residential,because everything around the church is commercial and retail. The food would be <br /> prepared at church and would be taken off site,however he would be willing to help prepare food <br /> for the church with any events that they have. Baker inquired if he had to pull a special use <br /> permit for the church down in Eden Prairie. MacKenzie replied that he did not have to pull a <br /> special use permit,but the kitchen had to be licensed and on the license it stated"rental kitchen." <br /> Tim Thompson, Pastor for Atonement Lutheran Church, stated that the Church and Mr. <br /> MacKenzie have a wonderful relationship and they are excited to help him with this endeavor. <br /> They have not negotiated all the details,but they do plan on him paying rent, and he in turn lets <br /> the church donate any extra food that may be left over. <br /> Zisla stated that there has always been a question of intensity of use for schools and churches, <br /> however this particular use will have only two employees,and seems consistent with the intended <br /> use of this building. Schiferl added that the home occupation is similar and that is allowed in the <br /> city. Baker inquired from staff if a homeowner decided to put in a commercial kitchen in their <br /> home would they be able to apply for a home occupation and run a catering business out of their <br /> home. Gundlach replied that the home occupation standards have a separate set of conditions,but <br /> they could host a business out of their house. <br /> Howard re-expressed his concern that this ordinance is written for this specific situation and <br /> thinks that it should be more general and he is concerned that by having a two employee <br /> C:ADocuments and Settings\jgoepcALocal Settings\Temporary Internet Files\OLK28\04-18-2006 MINUTES.doe <br />