City Council Agenda and Packet 2019 01 08

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City Council Meeting Minutes December 18, 2018 Page 5 of 14 on religion or religious denomination and prohibits local governments from applying zoning laws that unreasonably restrict religious uses within their jurisdictions. Mayor Pro Tem Lipton asked if this is considered to be a religious use. City Attorney Kelly noted the applicants have framed it as a part of their religious exercise at that site which they want to be able to offer to their congregation. Councilmember Leh asked how critical the applicant's characterization is. City Attorney Kelly stated it is not determinative, but Council should take it into consideration along with any presentation and public comments. The criteria in the LMC need to be applied as is always the case. Councilmember Leh stated he is concerned there is some ambiguity in the characterization of the use, church vs. cemetery. He wonders how the lack in clarity in the LMC might affect this application review. He was concerned the lack of clarity could be a problem for the City. City Attorney Kelly stated the City's use categories require a Special Review for both churches and cemeteries and they have the same criteria. Councilmember Leh asked if "compelling interest" should be more clear as the public does not necessarily understand that legal term. City Attorney Kelly stated the compelling interest comes into play if it can be shown that a substantial burden has been placed on the exercise of the religious activity. Then the government must demonstrate that the burden placed on the activity advances a compelling interest in the least restrictive means possible. Courts will look at what burden has been placed on the applicant under the strictest standards. Courts have found that aesthetics and abstract traffic concerns are not compelling interests. Applicant Presentation Stephanie Lord, 917 Arapahoe Circle, pastor of Christ the Servant Lutheran Church (CTS), stated this is a remembrance garden which will include the columbarium. She noted cremated remains are inert and do not change over time. She noted each niche has a granite faceplate only accessed by a special tool or key. The congregation has worked for 18 months and learned a lot from their neighbors which is why they changed the design to have the least neighborhood impact and be an internal resource to the church. The location of the columbarium was moved so it is walled in and accessible only through the sanctuary when the church is open, primarily daytime hours. The visible part is the 7'4" wall that matches the building and it will be landscaped. The church has been at this location for 30 years and this remembrance garden is one percent of the total footprint. The church averages three memorial services per year and she sees no reason to think that will increase. 18