The City denied the request and continued to press the Church to leave the Caturia Building. The City gave preliminary approval to a change in zoning for the site but the Church withdrew its request and requested rezoning of its 10th Street property. The Church then proposed yet another location, at 515 East 3rd Street in an area zoned for industrial use. The City denied the request but gave the Church an extension of time to vacate the Caturia Building. The Church requested the City to amend the zoning ordinance to allow church activities at the theatre. The Church responded by negotiating to purchase a theatre in the central business district. The City notified the Church that it must discontinue using the Caturia Building for church activities. The City denied the zoning change but the Church went ahead with the purchase.ĭuring this time the Church leased the Caturia Building in the central business district and began conducting church activities there. Seeking a permanent home, the Church first purchased property on 10th Street in an industrial zone, making the purchase contingent on City approval of a change in zoning to residential use, which would encompass churches. The congregation quickly outgrew that location and the Church rented space in the local high school. The Church first met in Pastor James Bzoskie's home. The Cornerstone Bible Church was organized in Hastings in 1983. Uses allowed under special permit include gas stations, drive-in establishments, creameries and small animal clinics. Permitted land uses in the C-3 zone include commercial establishments, public and semi-public buildings, private clubs, second-floor apartments, parking lots and "ccessory uses incidental to the foregoing principal uses." Id. in recognition of the existing downtown commercial development and of the need for its future expansions, rehabilitation and redevelopment." Hastings, Minn., Zoning Ordinance § 10.17 subd. The City zoned its central business district commercial (C-3) with the intent of establishing "a community-regional commerce district. The goals of the Revitalization Plan are promoted by the City Planning Commission and are enforced under the City's zoning ordinance. It developed a Downtown Revitalization Plan designed to preserve and restore the central business district. In the mid-1970s the City set out to revitalize its central business district. Although the City has expanded and now covers more than ten square miles, the riverside business district has been preserved and is a significant business area. Established along the Mississippi River in 1853, the City's business district developed parallel to the river. The City of Hastings (City) is the second oldest city in the State of Minnesota. Upon review we affirm in part, reverse in part, and remand for trial. The suit arose from enforcement of a zoning ordinance restricting the location of the Church from the town's central business district. Cornerstone Bible Church (Church) and its pastor, James Bzoskie, appeal the district court's grant of summary judgment in favor of the City of Hastings, Minnesota.
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