HomeMy WebLinkAboutResolution 94-46~ESOLUTION NO. 94-46
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS
APPROVING AN OCCUPANCY PERMIT FOR THE COLUMBIA HEIGHTS SCHOOL
DISTRICT AT 4001 CENTRAL AVENUE
WHEREAS: The Columbia Heights School District has requested a
permit to operate an Early Childhood Special Education Program
within lease space at the Columbia Heights Mall, 4001 Central
Avenue; and
WHEREAS: The Central Business District of 9.112(1) of the City
Code does not specifically define school activities as a
permitted sales or service business within the Central
Business District; and
WHEREAS: There are limited lease space opportunities within
other residential zoning districts or the Limited Business
District; and
WHEREAS: Attorney General's Opinion and Minnesota Supreme
Court Decisions have found that government entities must
balance their interest to serve the best interests of the
public, including basing their Capital Improvement Decisions
on the following:
1. Whether the proposed use is a governmental as opposed to
proprietary use;
2. The extent of the public interest that would be served by
the use;
3. Whether the use is for a function mandated by the State;
4. Existing land used and compatibility with the uses; and
5. Alternatives available to the municipality.
NOW, THEREFORE, THE CITY COUNCIL RESOLVES:
"Based upon the restrictive nature of the Zoning Ordinance and
the limited lease space opportunities available to the School
District, the City of Columbia Heights finds that the greater
good of the public is served by issuing an Occupancy Permit to
the Columbia Heights School District to operate an Early
Childhood Special Education Program in leased space located at
4001 Central Avenue, Columbia Heights, Minnesota."
Passed this 8th day of August, 1994.
Offered by: Ruettimann
Seconded by: Peterson
Roll call: Jolly, Ruettimann, Peterson, Sturdevant - aye
Nawrocki - nay
r ~osep~ Sturde
o-A~ne Student, ~ncil Secretary