4.2 PCSR 04-09-2013 Elk REQUEST FOR ACTION
River
TO ITEM NUMBER
Planning Commission 4.2
AGENDA SECTION MEETING DATE PREPARED BY
Planning Items April 9, 2013 Chris Leeseberg,Park Planner-Planner
ITEM DESCRIPTION REVIEWED By
Request by Greg and Terri Phillipi for Conditional Use Permit Jeremy Barnhart, Community
to allow horses at 18776 Cleveland St NW Operations and Development-Deputy
Case No. CU 13-05,Public Hearing Director
REVIEWED BY
ACTION REQUESTED
Staff recommends approval of the Conditional Use Permit (CUP) to allow five (5) agricultural animals
(horses) with the following conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
require permits.
2. All accessory buildings shall meet all applicable building and fire codes.
3. Additional animals above one animal unit per acre of fenced pasture land will require an
amendment to the conditional use permit.
4. A minimum of five acres of fenced pasture land needs to be provided.
5. Fenced pasture land shall be setback 100 feet of any property line.
6. All agricultural animals shall be provided a shelter under roof appropriately sized to
accommodate the specific animal in a humane manner.
BACKGROUND/DISCUSSION
The applicant is currently renting the subject property and is requesting a CUP to have four horses
(agricultural animals).
Property
The subject property is 37.16 acres in size. The northeast corner of the property has 100 feet of county
road right-of-way running through it. There is an NSP easement crossing the property in the southwest
portion.
Zoning
The property is zoned single family residential (both Ric &R1d). In these two zoning districts, the
keeping of agricultural animals requires a CUP and needs to occur on property five acres in size or
greater.
POWERED NY
N:\Departments\Community Development\Planning\Case Files\CUP\CU 13-05 Phillippi\CU 13-05_PC.docx
NATURE
Agricultural Animals
The ordinance allows certain animal units per acre of fenced pasture land. For horses,it is one per acre.
The number of animals may be increased,but no more than twice the allowed animals,if the applicant
obtains an approved manure management plan through the CUP process.
Stables and barns
All agricultural animals shall be provided a shelter under roof appropriately sized to accommodate the
specific animal in a humane manner. There is an existing accessory structure on the property and they a
proposing a 32' x 16' shelter.
Fencing
The applicant stated they will be fencing in at least 10 acres of land for the horses as show on the
attachment. The subject property is zoned R1-c and R1-d and Section 30-1007 of the City Code states:
The keeping of livestock (fences is prohibited within 100 feet of any property line in the R-1 b, R-1 c, and R-1 d districts.
The location of the fenced area has been indicated on a map and will need to meet these setback
requirements.
ATTACHMENTS
• Location Map
• Applicants Narrative
• Horse Fence Location Exhibit
• Shelter Drawing
Action Motion by Second by Vote
Follow Up
N:\Departments\Community Development\Planning\Case Files\CUP\CU 13-05 Phillippi\CU 13-05_PC.docx
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Greg and Terri Phillippi Project Narrative
We, Greg and Terri Phillippi, have had a dream of owning a farm and having our horses
(Crackers, Belle, Flash, and Rango) on our property for our family to enjoy for years. Our dream
finally came true when we came across our new property that we are now renting in Elk River.
It is true that we did not know of the permits that were necessary not only for the horse shelter
but also for the horses. We are sorry for any inconvenience we may have caused you, but it was
very important that we get our horses out of the boarding facility that they are in now in
Andover as we are now paying two house payments.
When we stumbled upon the house that we are currently renting in Elk River, we
wanted to move fast so we didn't lose out on such a wonderful opportunity for our family. So
we are now in a rental agreement in Coon Rapids until the end of May. Paying both rental
payments and board for our four horses would be nearly impossible for our family to withstand
financially. We didn't understand the permits that were necessary or we would have taken it
upon ourselves to take care of it earlier.
The property will be used to enjoy our horses,to enjoy the country (since we are so
used to Coon Rapids), for our family to be together, and to learn many new things. Our family is
very excited to be in Elk River. We are very excited about having our horses on our own
property because we have always boarded and have not had the opportunity to enjoy them
and take care of them on our own before. We have been horse owners for 10+years and we
feel as though we are ready for this move.
In conclusion, we want to thank you for this wonderful opportunity for our family. This
will help us grow, live, and learn new things together. The fact that we could possibly have our
horses on the property is very exciting, especially for our 19 year old daughter, Courtney, and
our 8 year old daughter, Ashley. Again,thank you very much and sorry for any inconveniences!
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