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6.6 PCSR 03-28-2017E lls River` Request for Action To Item Number Planning Commission 6.6 Agenda Section Meeting Date Prepared by Public Hearings March 28, 2017 BrieAnna Simon, Planner Item Description Reviewed by Michael Swanson — 21310 Brook Road NW Zack Carlton, Planning Manager ■ Conditional Use Permit to allow an increase to the number of horses permitted on a residential Reviewed by property, Case No. CU 17 -09 Action Requested Open and close the public hearing. Background /Discussion A Conditional Use Permit allowing the keeping of horses was approved for this property in 2012 but has since expired due to cessation of the approved use. In reviewing the current application, along with material provided in the 2012 application, staff noted that a wetland delineation had not been completed. Staff requested the applicant complete a delineation to accurately identify the acres of pastureland available, and, in turn, the number of animals permitted on the property per city ordinances. The wetland delineation cannot be completed until this spring. Staff and the applicant have agreed to delay the application. This will provide the applicant and staff with the time needed to complete the delineation and review the plans. Statutory Review Period Per State Statute 15.99, the applicant has submitted a written request to extend the review period to August 25, 2017. Financial Impact None Attachments • Location Map • Applicants Narrative • Extension Letter 4A UO'E t o r r . tr--4; lk lop r I „5� s 40 I MF - ; s Conditional Use Permit Swanson Stables LLC 21310 Brook Road NW Elk River MN 55330 Michael and Lindsey Swanson - Swanson Stables LLC., is filing for a conditional use permit at our newly purchased address. Swanson Stables will be a facility in which American Saddlebred horses will be boarded and show trained. The address is presently approved for up to 11 horses, 1 per tillable acre and we would like this doubled for future business growth. The property line is fully fenced and can accurate the potential increase number of animals. The manure / waste from the horses will be professionally hauled away. Please contact us with any questions you may have. Conditional Use Permit Application Page 2 Print Name: 1/6/2017 Last Modified Description of Project Narrative CVe\"— The narrative is your opportunity to describe, promote, and sell your proposal to the Planning Commission and /or City Council before the meeting(s). A typewritten narrative explaining your request in detail should include, but not limited to, all the following applicable information: ■ Detailed description /scope of project. ■ What is being proposed? ■ How is the request consistent with City of Elk River Comprehensive Plan? • Hours of Operation • Number of Employees • Number of parking stalls, existing and additional • Is there proposed screening of the site? • Proposed building materials ■ How do they comply with applicable design standards? ■ Signage — (at time of installation, a separate permit is required far each sign) • How many? • Proposed sizes? • Locations? • What type? ■ Is there outdoor storage? ■ What is being stored? ■ How much? ■ Proposed screening? Erosion Control I have read, understand, and agree to the erosion control measures as outlined in Sections 30 -972, 30 -416, and all other locations of Elk River City Code and agree to install or implement the measures upon approval by the City of Elk River. I understand that failure to implement these measures may result in immedia ension and possible restoration and mitigation measures. Applicant Signature: DatZ Print Name: //It N:\Dcparcments\Commun4 Development \Planning \Admin \Application Forms \Conditional Use Permit 2017.docx From: Michael Swanson To: Simon, BrieAnna Subject: Re: Swanson CUP - CU 17 -09 Date: Thursday, March 23, 2017 7:32:39 AM Attachments: imaoe001.ipo imaae002.ipa imaoe001ioa "The third option is to extend your Conditional Use Permit application. This can be done with a letter to the city stating you would like to extend your permit application to a specific date. If you take this option we would recommend August 25, 0217 for a deadline. With this option your project would be on hold until you decide to either proceed or withdraw as long as it is prior to the extension date. This gives you time to decide what your next steps are. If you decide to withdraw at that time we would return all but the $350 used for administrative fees and escrow. If you decide to move forward with a wetland delineation, coordination with the SWCD and Conditional Use Permit you would not have to reapply for a permit at this time. Staff would move forward with the fee, escrow, information on file and all new information provided." I would like go ahead with an extension of the permit application to August 25, 2017. We want to proceed with the CUP but need to consult a few options as to what is best for us moving forward and the extension. let me know please if this is sufficient and or if you would like a more detailed response for an extension on the permit till August 25, 2017. Thank you From: Simon, BrieAnna <BSimon @ElkRiverMN.gov> Sent: Wednesday, March 22, 2017 2:24:20 PM To: michael.e.swanson @hotmail.com Cc: Leeseberg, Chris; Carlton, Zachary; Bednar, Amanda Subject: Swanson CUP - CU 17 -09 Good afternoon Mr. Swanson, There are a couple options that can happen at this time with your Conditional Use Permit. These are as follows: 1. Continue the process as is. Staff will present your item to Planning Commission next Tuesday March 28, 2017 with the condition of a wetland delineation prior to being approved by the City Council. Your application will then move to the final approval process of the City Council as soon as the wetland delineation is complete. With the 60 day extension, the delineation and Conditional Use Permit final decision will need to be complete prior to June 27, 2017. 2. The second option is to withdraw your application. Myself or another staff member will need to know by tomorrow Thursday March 23, 2017 by noon. Since administration items and staff time have occurred for this item, we will be able to refund your payment excluding $350. This $350 is part of the required fee and escrow for staffs time. If we are informed of the withdraw by noon tomorrow at the latest all but the $350 will be returned. Otherwise, this item will go to Planning Commission which will require more staff's time and less will be returned. With this option your property is permitted to have 8 animal units, which equates to 8 horses. If you would like to go beyond the permitted 8 horses a wetland delineation, coordination with the Soil and Water Conservation District (SWCD), and an approved Conditional Use Permit will be required. This can happen any time prior to exceeding the permitted 8 animal units. If this option is chosen you will have to reapply for a Conditional Use Permit at that time. 3. The third option is to extend your Conditional Use Permit application. This can be done with a letter to the city stating you would like to extend your permit application to a specific date. If you take this option we would recommend August 25, 0217 for a deadline. With this option your project would be on hold until you decide to either proceed or withdraw as long as it is prior to the extension date. This gives you time to decide what your next steps are. If you decide to withdraw at that time we would return all but the $350 used for administrative fees and escrow. If you decide to move forward with a wetland delineation, coordination with the SWCD and Conditional Use Permit you would not have to reapply for a permit at this time. Staff would move forward with the fee, escrow, information on file and all new information provided. If this is the option you choose, myself or another staff member will need to know by tomorrow Thursday March 23, 2017 by noon with the extension letter. If we are not informed by noon the escrow on hold will be reduced for staff's time to prepare documentation for the upcoming Planning Commission meeting as the item moves forward. Again with this option your property is permitted to have 8 animal units, which equates to 8 horses. If you would like to go beyond the permitted 8 horses a wetland delineation, coordination with the Soil and Water Conservation District (SWCD), and an approved Conditional Use Permit will be required. This can happen any time prior to exceeding the permitted 8 animal units. This is a lot of information. Please give me a call after you have read this email if you have any questions and so we can walk through your options in more detail. Thank you for your time. BrieAnna Simon I Planner 763.635.1034 w 1763.635.1090 f 13065 Orono Parkway I Elk River I MN 155330 ❑ ❑® ®❑