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<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 tiot 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 />
<br />.
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<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 ofa
<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 />
<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 />
<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.
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<br />.
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<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
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