7.2 SR 04-15-2013REQUEST FOR ACTION
TO
ITEM NUMBER
Mayor and City Council
7.2
AGENDA SECTION
MEETING DATE
PREPARED BY
Public Hearings
Aril 15, 2013
Chris Leeseber , Park Planner - Planner
ITEM DESCRIPTION
REVIEWED By
Conditional Use Permit: Greg and Terri Phillippi to Allow
Jeremy Barnhart, Community
Horses at 18776 Cleveland Strect NW, Case No. CU 13 -05
Operations and Development - Deputy
Director
REVIEWED BY
Cal Portner, City Administrator
ACTION REQUESTED
Staff and the Planning Commission recommend the City Council approve the Conditional Use Permit
(CUP) with the following conditions:
1. As a Conditional Use Permit is not a Building Permit, the property owner shall receive all
required permits for any building or structure modifications, including all exterior signage.
2. Additional animals above one animal unit per acre of fenced pasture land will require an
amendment to the Conditional Use Permit.
3. A minimum of five acres of fenced pasture land needs to be provided.
PLANNING COMMISSION
One commissioner asked what would happen with the request in the future if the property were platted
in a manner that reflected the preliminary plats approved in the area. Staff indicated that the property
and its uses would be taken into consideration when and if the property were final platted.
The Planning Commission had no concerns with the request and unanimously recommended approval.
Public Hearing
No one spoke at the public hearing.
ATTACHMENTS
■ Planning Commission Memo Dated April 9, 2013
Action Motion by Second by Vote
Follow Up
P 0 N E O E 0 B T
M \Departments \Community Development \Planning \Case Files \CUP \CU 13 -05 PHhppi \CU 13- 05_CC.docx 116AMURE1
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REQUEST FOR ACTION P W
To
ITEM NUMBER
Planning Commission
4.2
AGENDA SECTION
MEETING DATE
PREPARED BY
Planning Items
Aril 9, 2013
Chris Leeseber , 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 R1c & 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.
P 0 N E R E 0 0 y
N: \Departments \Community Development \Planning \Case riles \CUP \CU 13 -05 PhUppi \CU 13- 05_PC.docti M WRE
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 properly 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 PhMppi\CU 13- 05_PC.docs
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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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