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Home My WebLink Aboutre: columbarium . , Matt K. Brol.l, Esq. CAMPBELL KNUTSON,P.A. 317 Eagandale Office Ce��ter 1380 Corporate Center Curve Eagan, MN 55121 E-Mail mbrokl(a�ck-law.com Website www.ck-law.com Direct DiaL (651) 234-6232 Office: (651) 452-5000 Fax: (651) 452-5550 "UNIFORM ELECTRONIC TRANSACTIONS ACT" DISCLAIMER The Uniform Electronic Transactions Act (UETA) does not apply if this communication relates to formation or negotiation of an agreement. A valid contract can be created only by an original document duly signed by the parties to agreement. CONFIDENTIALITY NOTICE The information contained in this transmission is privileged and confidential. It is intended only for the use of the individual or entity named above. Any dissemination or communication of this information by any other party is prohibited. If you have received this transmission in error, please notify the above-named sender immediately. -----Original Message----- From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Wednesday, October 18, 2006 3:24 PM To: Matt Brokl Subject: FW: Memorial Garden/Columbarium policy St Edwards Church Application 06-3233 In their CUP application they have requested to do a columbarium. At the public hearing Councilmember McMillan pulled me aside to voice her(very large) concerns about the"cemetery" they were proposing... I passed the concerns along to the applicant and they emailed this to me today. Could you take a look and see if there is anything here of concern? The St Edwards application is on Monday's agenda. Thanks. Melanie -----Original Message----- From: janet wheelock [mailto:jwheelock019@msn.com] Sent: Wednesday, October 18, 2006 3:13 PM To: Melanie Curtis Subject: Re:Memorial Garden/Columbarium policy Dear Melanie, I am enclosing here the policy St. Edward's has crafted for the proposed Memorial Garden/Columbarium part of our landscaping proposal. In it I believe we have addressed the concerns raised by council members. Could you distribute this as part of our supporting documents for our next Monday meeting? We feel confident that all the other supporting materials have been submitted, is that your take on things? I hope so! Thank you for all your help and see you Monday, Janet Wheelock z � , Melanie Curtis From: Melanie Curtis Sent: Thursday, October 19, 2006 11:29 AM To: Roland Aberg; Fritz Wright; 'janet wheelock' Cc: Mike Gaffron Subject: FW: 06-3233 865 Ferndale Road review 10-18-06 Attachments: 06-3233 865 Ferndale Rd N (10-18-06).pdf Roland, Janet, and all I spoke with our Attorney last night after receiving the columbarium documents from Janet. Our Attorney reviewed your documents. After doing so, he conducted a thorough search of our City code and it appears that a columbarium (or cemetery) is not a permitted use in the City. What this means is that in order for the Council to allow the construction of the columbarium a"use" variance would be required. A"use"variance is illegal. I apologize for the late notice of this important fact; however this all came about yesterday afternoon. The potential solution our Attorney suggested is that we could have the Council review and approve the bulk of your CUP/Variance application and deny the"use" variance for the columbarium. If the Council chooses to, the Zoning Code can be amended to allow cemeteries/columbarium as a permitted accessory or conditional use. This process (amending the code)will take a couple of months to complete as public hearings are required. If the Code is changed to allow cemeteries/columbarium we could consider your application for the memorial garden & columbarium separately (and hopefully without an additional application fee from the Church). All of this would of course need to be approved by the City Council. Please review the attached comments from our Engineers. After reviewing these Engineering comments I think it is more appropriate to wait on the City Council review so that when we do bring it before the Council all of the plans are correct and approved by our Engineers. Therefore I have removed the St Edwards application from the City Council agenda for this Monday. The next meeting is November 13th and my intention is to move the application to that agenda if we have all of the engineering issues ironed out. I know that I have just dumped a good deal of information in your laps, please do not hesitate to call me or our engineers (contact numbers on the attached memos) if you have questions. I should be in the office until early this afternoon. I have a sick daughter at home and I think I am beginning to catch whatever she has, so my intention is to leave a bit early today. 952.249.4627 Melanie Melanie Curtis Planner, City of Orono 2750 Kelley Parkway, Orono, MN 55356 Phone: 952-249-4627 Fax: 952-249-4616 mcurtis(c�ci.orono.mn.us 1 Christine Mattson From: Matt Brokl [MBrokl@ck-law.com] Sent: Wednesday, October 18, 2006 3:42 PM To: Melanie Curtis Subject: RE: Memorial Garden/Columbarium policy 17.50.230 - Religious Facilities A. Development standards. 1. In residential zoning districts. a. The development standards for religious assembly uses located in residential zoning districts shall be as specified in the Conditional Use Permit, issued in compliance with Section 17.61.050, except that the interior side setback shall be a minimum of 15 feet and the rear setback shall be a minimum of 25 feet. b. The front and corner side setbacks shall be the same as that required for an allowed use. 2. In commercial zoning districts. The development standards for religious assembly uses located in commercial zoning districts shall be in compliance with the subject zoning district. B. Storefront windows and doors. If the use is proposed to be located in an existing structure, any storefront windows and doors shall remain. All windows shall be transparent. C. Hours of operation for accessory uses. Uses accessory to a religious assembly use in an R district other than temporary homeless shelters may only operate between 9:00 a.m. and 9:00 p.m. by right; and between 9:00 p.m. and 9:00 a.m. subject to a Conditional Use Permit issued in compliance with Section 17.61.050. D. Columbariums. A columbarium in conjunction with a religious facility shall comply with the following requirements. 1. Location on site. The columbarium shall not project beyond the front foot of the building occupancy of the religious facility. 2. Enclosure required within residential zoning districts. A columbarium within a residential zoning district shall be located only within in a structure enclosed on all sides. 3. Standards for outdoor facilities. A columbarium located outside of a structure shall comply with the following requirements. a. The columbarium shall be set back a minimum of 20 feet from each property line, but shall be set back 100 feet from any property line abutting a residential use or a residential zoning district. b. The height of the columbarium shall not exceed eight feet. c. A masonry wall with a minimum height of six feet shall screen the columbarium from streets and adjacent lots. d. Landscaping shall be provided at a ratio of two square feet of landscaping for each square foot of columbarium area. 4. Parking requirements. The religious facility shall provide the minimum number of parking spaces required in Chapter 17.36 (Parking and Loading). 5. Contact information. The name, address, and telephone number of the individual, owner, board of trustees, or designated caretaker responsible for the maintenance of the columbarium shall be kept on record in the office of the religious assembly use. 6. Relocation after closure of religious facility. Upon discontinuance of the religious assembly use, the columbarium shall be relocated in compliance with all applicable State laws. i MEMORANDUM TO: Evelyn Turner FROM: Cynthia Kirchoff, Campbell Knutson, P.A. DATE: April 24, 2008 RE: Pet Cremation ISSUES: 1. Is there a state law regulating the disposal of the cremated remains of a pet? 2. Is there a state law regulating the disposal of human cremated remains? BRIEF ANSWERS: 1. No, pets, such as dogs and cats, are exempt from disposal regulations. 2. Yes, the scattering of cremated human remains cannot be commingled with other human remains without permission. However, remains may be scattered in a cemetery or at sea without permission. Every person owning a domestic animal that has died or been killed shall as soon as reasonably possible bury the carcass in the ground at a depth to prevent scavenging by other animals, thoroughly burn it or dispose of it by another method approved by the Board of Animal Health. Minn. Stat. § 35.82, subd. 2. A domestic animal does not include an animal that in common practice is maintained in the home of the owner, so the burial or cremation of a dog or cat is exempted from this section. Id. at subd. 4. A local government unit is authorized to regulate the disposition of carcasses of exempted domestic animals, though. Id. The cremation of human remains is governed by Minnesota Statutes, chapter 149A. Once cremated remains are released to an appropriate party, no further permits or authorizations are required for placement of the remains. Minn. Stat. § 149A.96, subd. 9. However, no cremated human remains shall be disposed of or scattered in a matter or in a location where remains are commingled with other human remains without permission of the person with the legal right to control the disposition. Minn. Stat. § 149A.95, subd. 16. This section does not apply to the scattering of remains in a dedicated cemetery or at sea. Id. 138205 •,,,.. . � °� 0 0 � = r;Kf.;� ,� CITY of ORONO ' ; a�"� '�� ,� � Municipal Offices �� .�, � � ' .� ; Street Address: Mailing Address: �kE3H04' 2750 Kelley Parkway P.O. Boz 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 Apri126, 2010 Betty Hall 3790 Lawndale Avenue N. #ll 8 Plymouth MN 55446 Dear Ms. Hall: You have asked about of the disposition of human ashes at St. Edward's Church in Orono. After discussing the matter with the City Attorney and other staff, we have concluded that a columbarium or placing urns containing ashes in the ground would constitute a cemetery. Orono zoning code does not make provision for cemeteries so St. Edward's would have to request that the zoning code be amended to allow cemeteries. Your third alternative, scattering the ashes in a garden, would not be considered a cemetery and would not require any City approvals unless there was earth movement or retaining wall required to create the garden. This would require a land alteration permit. If you have any questions feel free to contact me. Sincerel , �/ � �� Evelyn Turner City Planner 952-249-4623 eturner@c i.oron o.mn.us File: 865 Ferndale Road North Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us