4.5 PCSR 06-27-2017Request for Action
ToItem Number
Planning Commission4.5
Agenda Section Meeting DatePrepared by
Public HearingsJune 27, 2017BrieAnna Simon, Planner
Item Description Reviewed by
Michael Swanson21310 Brook RoadNW
Zack Carlton, Planning Manager
Conditional Use Permit to allow an increase to
Reviewed by
the number of horses permitted on a residential
property
Conditional Use Permit to permit a Home
Occupation for boarding and training horses, -
Case No. CU17-09
Action Requested
Recommend, by motion, approval of the Conditional Use Permit request by Michael Swanson to increase
the number of permitted agricultural animal units to 18, with th
1.The authorized use shall not begin until the Conditional Use Per
2.If the proposed work described in the application and Conditiona
substantially completed within two years of the Conditional Use val, the
permit shall expire and become void.
3.The Conditional Use Permit shall expire if the authorized use ce
4.The applicant must apply for and receive approval of all require
may begin.
5.No more than 18 animal units shall be allowed on the property.
6.A Manure Management Plan shall be submitted and approved by both staff and the Sherburne
County Soil and Water Conservation District.
7.The Manure Management Plan shall be followed as directed and approved by both staff and the
Sherburne County Soil and Water Conservation District.
8.For the Conditional Use Permit to remain active, a valid Manure
approved by the Sherburne County Soil and Water Conservation Dishe City
of Elk River for all future homeowners.
9.Any changes to the Manure Management Plan must be approved by th Sherburne County Soil
and Water Conservation District and filed with the City of Elk River.
10.If manure is used as fertilizer, it shall be turned under immedi
the ground. Application of manure should be conducted in such a
runoff toward surface waters.
11.If the city finds that the manure and other waste materials crea
other insects, rodents, or by creating offensive odors, the city
waste materials be removed on a more frequent schedule.
Recommend, by motion, approval of the Conditional Use Permit request by Michael Swanson for a
Home Occupation to permit the boarding and training of horses with the following conditions:
1.The citys Building Official and Fire Marshal shall inspect the for compliance with all
state and local building codes.
2.The authorized Conditional Use Permit shall not be recorded unti
have been completed.
3.The authorized use shall not begin until the Conditional Use Per
4.If the proposed work described in the application and Conditiona
substantially completed within two years after the Conditional U
permit shall expire and become void.
5.If the authorized use ceases formore than six months, the Conditional Use Permit shall expire.
6.The hours of operation shall be limited to 7:00 a.m. to10:00 p.m.
7.If the city finds that the manure and other waste materials crea
other insects, rodents, or by creating offensive odors, the city may order the manure and o
waste materials be removed on a more frequent schedule.
8.There shall be no animals permitted outside of the fenced pasture area.
9.All customer vehicles must be parked on site on an approved surface.
10.The applicant must apply for and receive approval for all requir
construction may begin.
Background/Discussion
Michael and Lindsey Swanson, owners of Swanson Stables LLC., areonditional Use Permit
(CUP) to increase the number of animal units at 21310 Brook Road NW. The property consists of 16.57
acres and is located in the Single Family Residential (R1-a) zoning district. Approximately 40 percent of
this property is wetland. Additionally, the Swansons are requesting a CUP to operate a Home
Occupation from 21310 Brook Road NW. Swanson Stables LLC will be a facility that American
Saddlebred horses will be boarded and show trained. The proposed use exceeds the requirements for a
permitted Home Occupation and requires a CUP to operate the proposed business from this lo
Property History
A CUP allowing the keeping of horses was approved for this property in 2012 but has since expired due
to cessation of the approved use. The previous CUP application stated there was 11 acres of non-water
land on this site permitting a total of 22 animal units or horseHowever, in
review of the materials provided in the 2012 application, staff
been completed. The 11 acres of non-water land used to determine the animal units at that time was
based on a survey showing the waters edge.
Based on recent standards, increasing the number of animal units on properties with wetlands, a wetland
delineation is required. Having an accurate delineation of the wetland boundary is a crucial element in
determining the amount of land available for fenced pasture land. Using assumptions outlined in the 2012
CUP, and a recent CUP which allowed in an increase in the number of animals on a residential lot, the
area of fenced pasture land is based on the area fenced, excluding wetla
Increased Animal Units
Section 30-803 Animals of the city code outlines the regulations which allow the keeping of animals
within the city in a safe, clean and healthy manner. Agricultura-
809(d)(2) of the city code. This section limits the keeping of a
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acre of fencedpasture land.Since this site is completely fenced in around the perimeter the
pasture land will include all areas except the wetlands, drivewa
The submitted wetland delineation dated May 2017 identifies the
NameEstimated Area
Wetland 1 4.14
Wetland 20.03
Wetland 31.09
Wetland 40.21
Wetland 51.04
Total Estimated Wetland Acreage 6.51
Property Acreage (GIS County Parcel Data)16.57
Remainder (Non-Wetland Estimate)10.06
Additionally, staff identified 1.06acresof driveway and building space on the site. Therefore, the existing
area of fenced pasture land is 9 acres, which can be doubled to
The CUPapplication requires the submittal and approval of a Manure Mana
protect the animals and neighboring properties. In addition, the
must be taken into account. Therefore, the Manure Management Plan developed in coordination with the
Sherburne County Soil and Water Conservation District will be filed, and remain with the property for
any future homeowners.
Discussion
The applicant requested a total of 22 animal units, which is what wasapproved in 2012. The applicant has
stated that they understand why they are not able to obtain the
However, the applicant would like to have a discussion with the
would be supported.
Home Occupation
The Swansons are requesting a CUP to operate the company, Swanson Stables LLC, at 21310 Brook
Road NW. Swanson Stables LLC will be a facility that American Saddlebred horses will be boarded and
show trained.The property is zoned Single Family Residential (R1-a) where home occupations carried out
in detached accessory structures and outdoor areas require a CUP. Residential uses abuts the property to
the North and East. A similar dairy farm operation is located to the South of the property and ERX
Motor Sports is located to the West.
Swanson Stables LLC would like to operate a boarding and training f
horse arena pole barn and the 4,116 square foot pole barn. The entire detached accessory structures will
be utilized for the proposed business and will house a number of horses at any given time, along with the
appropriate equipment needed to board and train these animals. Horses will spend the majority if their
time in the large horse arena, but will be able to access the fenced pasture land.
Other than the applicant, there will be no employees. The hours
will be 7:00 a.m. and 10:00 p.m.. and there will not be customers outside of those hours.
Comprehensive Plan
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Rural Residential includes land currently developed forresidential use in areas outside of the Urban
Service Area that are not currently served by municipal sewer and water. The predominant land use in this
area is single family detached homes. Increases in density or development should be allowed for achieving
certain public objectives such as preserving natural features.
The use is consistent with the comprehensive plan.
Applicable Regulation
Conditional Use Permit
The issuance of a Conditional UsePermit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and en
vicinity or the public health, safety, morals, comfort, convenience or ge city.
The proposed use will not detrimentally affect nearby property a
of the development and is surrounded by other residential establishments. The Manure Management
Plan will take neighboring properties into account.
2. Will be consistent with the comprehensive plan.
The use is consistent with the comprehensive plan. The proposedresidential guidance
for the property.
3. Will not impede the normal and orderly development and improveme
The proposed use will not affect the surrounding residential lot property has been used to
keep horses in the past.
4. Will be served adequately by and will not adversely affect essentia
streets, police and fire protection, drainage, refuse disposal,
will not, in particular, create traffic congestion or interference with traffic on adjacent and neigh
thoroughfares.
The facility will not be served by city services and there does
impacts to public facilities or services.
5.Will not involve uses, activities, processes, materials, equipment and conditi
detrimental to any persons or property because of excessive traf
vibrations.
The proposed use does not involve hazardous materials or activit
nearby properties or residents. Potential odors from manure are in the Manure
Management Plan and CUP conditions.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature o
The applicant has met with environmental staff and the Soil and Water Conservation District to
ensure the proposed use will result in the least possible impactands on the property and
surrounding properties. The proposed use does not result in loss
features of major importance and in fact will likely see improve
7. Will fully comply with all other requirements of this Code, including any applicable requirements and
Standards for the issuance of a license or permit to establish a
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The applicant is required to comply with all other sections of tequired
building permits in addition to the Conditional Use Permit.
If denial of such a permit should occur, it shall accompany reco
findings or a report stating how the proposed use does not complforth in Section
30-654.
In the review of the standards for CUP as outlined, it appears t
these standards.
Statutory Review Period
Per State Statute 15.99, the applicant has submitted a written request to extend thereview period to
August 25, 2017.
Financial Impact
None
Attachments
Location Map
Applicants Narrative
Non-pasture Land Map
Home Occupation Responses
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From:Michael Swanson
To:Simon, BrieAnna
Subject:Re: Home Occupation Conditions
Date:Wednesday, June 21, 2017 3:04:31 PM
Attachments:image001.jpg
image002.jpg
image003.jpg
not sure if you would like me to say more than what I have below
require very little response.
hope this helps. thank you again!!!
1.The occupation shall be carried on entirely within the dwelling
except that light construction contractors may use detached acce
would normally be allowed under the provisions of this ordinance
occupation is carried on in the garage, the minimum amount of re
be maintained as garage space.
- with the nature of our business (training American Saddlebred
possible to work within the home or garage but will be working o
arena that is located within 50 feet from our home.
2.There shall be no exterior evidence of the home occupation such
storage of business equipment, materials, merchandise, inventory
- this will be no issue, we will not display our business of an
3.No permitted home occupation shall require internal or external
customarily found in dwellings.
- agreed.
4.A maximum of one (1) full time equivalent employee other than th
customarily reside on the premises shall be employed. This provi
dwellings where the permitted home occupation is a meeting place
work is done off-site.
- agreed. My wife business has only one employee, her and that
5.Permitted home occupations involving teaching shall not exceed t
-agreed
6.Any sign or visible advertisements shall not exceed two (2) squa
mounted flat on the outside wall of the dwelling.
-okay
7.No permitted home occupation shall be serviced by delivery vehic
pounds gross vehicle weight.
-understood
8.No home occupation shall have outside employees and/or customers
10:00 p.m. and 7:00 a.m.
-as noted above, my wife is the only employee
9.Permitted home occupations shall not create a parking demand in
be accommodated in an existing driveway, where no vehicle is par
the curb line or edge of the paved surface.
-understood
10.The operation of any wholesale or retail business, unless it is
does not involve the sale, shipment, or delivery of merchandise
prohibited. On-site sales shall be limited to those clearly inci
the dwelling.
-understood
11.Permitted home occupations may not involve repair of internal co
of equipment which is not normally found in a home, except that
typically in an office may be used.
-understood
The applicant shall obtain and include with their application, w
12.
homeowner's association, if one is present, has received seven d
application for a home occupation.
-okay