12 11 23 Appeals and Adjustments MinutesBoard of Appeals and Adjustments December 11, 2023
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City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
Board of Appeals and Adjustments December 11, 2023
Council Chambers
CALL TO ORDER The meeting of the New Hope Board of Appeals and Adjustments was called to order
at 7:24 p.m.
DISTRICT 281
ZONING CODE
APPEAL
Chair Hemken introduced for discussion, Appeal by Independent School District
#281 alleging an error in city staff’s interpretation of the city’s zoning code definition
of “trade school”.
Mr. Joseph Langel, Ratwik, Roszak & Maloney, P.A., representing the Robbinsdale
Area School District, was recognized.
Mr. Langel stated the Robbinsdale Area School District is appealing the
determination made by city staff that the district cannot hold post‐secondary
enrollment options (PSEO) classes at the property it leases at 5420‐5440 Highway 169.
He stated the school district leases space in the industrial district for warehouse, cold
storage and classes for PSEO students. He stated the specific issue is the definition of
a trade school.
Mr. Langel stated the PSEO students are enrolled with Hennepin Technical College,
are taught by college instructors and receive college credits. He explained city staff
does not consider the high school students to be post‐secondary education students.
ROLL CALL Council present:
Staff present:
Also Present:
Kathi Hemken, Chair
John Elder, Board Member
Andy Hoffe, Board Member
Michael Isenberg, Board Member
Jonathan London, Board Member
Reece Bertholf, City Manager
Jeff Alger, Community Development Specialist
Erin Enstad, Abdo
Eric Hanson, Building Official
Tim Hoyt, Director of Police
Rich Johnson, Director of HR/Admin. Services
Beth Kramer, Communications Coordinator
Susan Rader, Director of Parks & Recreation
Jeff Sargent, Director of Community Development
Bernie Weber, Director of Public Works
Stacy Woods, Assistant City Attorney
Al Brixius, City Planner
Sarah Larson, WMFRD Chief
Shelby Wolf, WMFRD Deputy Fire Marshal
Board of Appeals and Adjustments December 11, 2023
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He stated the definition of post‐secondary education does not exclude high school
students.
Mr. Langel pointed out the city adopted the ordinance in 2015. He stated there is
nothing ambiguous about the term PSEO. He stated the city planner alleges the
definition of trade school was intended to distinguish trade schools from high
schools, but that distinction is not made in the code.
Mr. Langel stated in accordance with state statute, PSEO students are college
students.
He referenced comments made by the city attorney and noted the tax exempt status
of the property is not relevant to a zoning code issue.
He stated staff is attempting to redefine trade school in a manner not supported by
the current city code.
In conclusion Mr. Langel indicated a trade school is a permitted use of the property
leased by the district, and PSEO students are by law post‐secondary education
students. He stated the district respectfully requests that city staff’s determination be
reversed to allow the district to continue providing the courses.
Ms. Stacy Woods, assistant city attorney, stated the only item of issue is whether city
staff’s interpretation of trade school is in error.
Ms. Woods cited city code section 4‐1, Prohibition of uses not specifically authorized:
Whenever in any zoning district a use is neither specifically permitted nor denied,
the use shall be considered prohibited. She stated if K‐12 is not a permitted use in an
industrial district, it shall be deemed prohibited. There is nothing in the industrial
zoning district code that states K‐12 is a permitted or conditional use. There is a
definition of trade school for post‐secondary students. The definition of trade school
per city code section 4‐2 is a school or teaching unit that provides training, apprentice
education, or continuing education in manual, technical, and mechanical skills to
post‐secondary education students.
She stated the school district’s argument is that the city’s definition of trade school is
inadequate. She stated although city code does not have a definition of post‐
secondary schools, Minnesota Statute 120A.05 subd. 13 defines a “secondary” school
as any school with building, equipment, courses of study, class schedules, enrollment
of pupils ordinarily in grades 7 through 12 or any portion thereof, and staff meeting
the standards established by the commissioner of education.
Ms. Woods stated since secondary schools are focused on students in grades 7‐12,
post‐secondary schools can be assumed to accommodate students having completed
grade 12.
Ms. Woods pointed out educational buildings are allowed in a residential zoning
district as a conditional use. She stated the fact that similar language in not in the city
code for the industrial zoning district stating K‐12 is a permitted or conditional use,
means it is prohibited.
Board of Appeals and Adjustments December 11, 2023
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Mr. Al Brixius, city planner, provided the background of the ordinance. He stated the
language was set up to provide segregation between land use; not only to protect
people within one site but to protect adjoining properties. He stated in that respect
the limitation is to keep the language of trade schools consistent and compatible with
the existing industries surrounding the property. He stated introduction of school
age persons into an industrial area is not encouraged in order to protect students
from the industrial impact and to protect the existing industries so they are not
encumbered by complaints of nuisance or other incompatibility issues.
Mr. Brixius stated the code was drafted with the anticipation that trade schools
would be reliant on the type of industrial building and trades reflective of the other
industries in the zoning district. He stated staff’s interpretation is that the use at the
leased site is a high school regardless of curriculum or type of instructor as the
instruction is focused on high school students. He indicated staff does not believe the
school belongs in the district and does not believe it is in the best interest of the
students or the existing area industries.
Board Member London questioned whether the students apply for classes directly
through Hennepin Technical College.
Chair Hemken stated the issue at hand is the definition of a trade school.
MOTION
Motion was made by Board Member Elder, seconded by Board Member London,
determining city staff did not err with interpretation of city code. Voted in favor
thereof: Hemken, Elder, Hoffe, Isenberg, London; and the following voted against
the same: None; Abstained: None; Absent: None. Motion carried.
CLOSE HEARING Motion was made by Board Member London, seconded by Board Member Isenberg,
to close the hearing. Voted in favor thereof: Hemken, Elder, Hoffe, Isenberg, London;
and the following voted against the same: None; Abstained: None; Absent: None.
Motion carried.
ADJOURNMENT The meeting of the New Hope Board of Appeals and Adjustments adjourned at 7:46
p.m.
Respectfully submitted,
Valerie Leone, City Clerk