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