4.3 BASR 07-25-2017Request for Action
ver
To
Item Number
Board of Adjustments
4.3
Agenda Section
Meeting Date
Prepared by
Public Hearings
July 25, 2017
Brie-Anna Simon, Planner
Item Description
Reviewed by
Michael Swanson — 21310 Brook Road NW
Zack Carlton, Planning Manager
■ Variance to permit the keeping of four
additional animal units, Case No. V 17 -05
Reviewed by
Action Requested
Approve, by motion, the variance request by Michael Swanson to allow 22 animal units at 21310 Brook
Rd NW for the following reasons:
1. The general purpose and intent of the ordinance are met.
2. The property has a land use of residential and the use is consistent with the comprehensive plan.
3. The proposed use is reasonable and is permitted in the zoning ordinance.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of
the petitioners own action or inaction.
5. The variance will not alter the essential character of the locality.
If the Board approves the request, staff recommends the following conditions:
1. The area within the 25 foot wetland buffer strip is not to be maintained as yard area (no mowing,
no planting, no landscaping) and must be left to grow naturally.
2. All conditions and best practices outlined by the Wetland Conservation Act — Technical
Evaluation Panel decision shall be met.
3. All standards described in Section 30 -803 — Animals of the city code must be achieved for the
10.06 acres of fenced pasture land.
4. If the Conditional Use Permit (CU 17 -09) expires the variance permitting 22 animal units will also
expire. All variances for animal units shall be recorded with the approved Conditional Use Permit
for an increase in animal units.
5. The property owner must remain in compliance with all the conditions outlined in the
Conditional Use Permit (CU 17 -09).
Background /Discussion
TNEchael and Lindsey Swanson, owners of Swanson Stables LLC., are requesting a variance to increase the
number of animal units at 21310 Brook Road NW. Swanson Stables LLC will be a facility where
American Saddlebred Horses will be boarded and show trained. The property consists of 16.57 acres and
is located in the Single Family Residential (R1 -a) zoning district. Approximately 40 percent of the
property is wetland.
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 horses on the property with a CUP. However, in
p 0 W I R 1 0 B Y
I Is lWREE
review of the materials provided in the 2012 application, staff noted that a wetland delineation had not
been completed. The 11 acres of property used to determine the animal units at that time was based on a
survey showing the water's 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 wetlands, driveways, and buildings.
Increased Animal Units
Section 30 -803 — Animals, outlines the regulations which allow the keeping of animals within the city in a
safe, clean and healthy manner. Agricultural animals are permitted under Section 30- 809(d)(2) of the city
code. This section limits the keeping of agricultural animals to one animal unit per acre of fenced pasture
land. Since this site is completely fenced around the perimeter, the area of fenced pasture land will include
all areas except the wetlands, driveway, and buildings.
The submitted wetland delineation dated May 2017 identifies the followin
Name
Estimated Area
Wetland 1
4.14
Wetland 2
0.03
Wetland 3
1.09
Wetland 4
0.21
Wetland 5
1.04
Total Estimated Wetland Acreage
6.51
Property Acreage (GIS County Parcel Data)
16.57
Remainder (Non - Wetland Estimate)
10.06
Additionally, staff identified 1.06 acres of driveway and building space on the site. Therefore, the existing
area of fenced pasture land is 9 acres, which was doubled to 18 animal units with a CUP (CU 17 -09) that
was approved by City Council on July 17, 2017.
The applicant is requesting a total of 22 animal units, which is what was approved in 2012. The applicant
has stated that they understood why they were not able to obtain the 22 animal units with the CUP
application. Therefore, they are asking for a variance to increase the animal units on 21310 Brook Road
NW by 4 animal units.
Applicable Regulation
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria
described below. The variance is:
Is in harmony with the general purpose and intent of the ordinance, and
The intent of the animal ordinance is to protect animals and the property owners by providing
regulations to keep animals in a safe, clean and healthy manner. The applicant is working with
the Soil and Water Conservation District to develop a plan to provide protection for both the
animals and wetlands on the property. The general purpose and intent of the ordinance are met
with the proposed use.
N: \Departments \Community Development \Planning \Case Files \V\V 17 -05 Michael Swanson \4Planning Commission \V 17 -05 sr BA 7-25 -
17.docx
2. Is consistent with the City of Elk River comprehensive plan.
The property has a land use designation of residential, which permits agricultural animals and the
proposed residential use is consistent with the comprehensive plan.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties mean that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the Zoning ordinance;
The proposed residential use and the agricultural animals are reasonable and are permitted in the
zoning ordinance.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own
action or inaction; and
Wetlands are not unique to properties in Elk River. The subject property has approximately 40
percent of this property covered in wetland. New wetland classifications and restrictions were
established in 2006, the applicant purchased the property in 2017 and the previous CUP was
approved in 2012. Staff has worked hard to establish a standard practice for handling animals and
wetlands. Following this standardized practice of having a wetland delineation, working with the
Soil and Water Conservation, and excluding all non - pasture land in the animal unit calculation,
resulted in a lower number of animal units being permitted today than in 2012.
5. The variance, if granted, will not alter the essential character of the locality.
The variance will not alter the essential character of the locality. The proposed additional animal
units would be consistent with other pastured land in Elk River and the applicant has taken steps
to work with the SWCD to provide increased protection to the wetlands on site.
If the Board of Adjustments denies the request, or an appeal is made by any interested party by August 8,
2017, the application will automatically be forwarded to the City Council for consideration on Monday,
August 21, 2017, at 6:00p.m.
Financial Impact
None
Attachments
• Location Map
• Applicants Narrative
• Wetland Delineation Exhibit
• Non - pasture Land Area
• Section 30 -803 — Animals
N: \Departments \Community Development \Planning \Case Files \V\V 17 -05 Michael Swanson \4Planning Commission \V 17 -05 sr BA 7-25 -
17.docx
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Variance
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.
From: Michael Swanson [mailto:Michael.E.Swanson @hotmail.com
Sent: Wednesday, May 17, 2017 12:25 PM
To: Bednar, Amanda
Subject: Re: CU 17 -09 - Out of Office
I have that delineation back from Meaghan Watson, a team member of the agency
contracted. Attached is her report. It appears we have 10 acres of non - wetland and with the
CUP, I'd think we would be permitted to have 20 horses / animal units. Please let me know
what the next steps are and what I can do if anything to assist. thanks,
below is Meaghan's email to me. feel free to contact her if you need.
Good morning Mike,
Please see the attached figure detailing the approximate boundaries of wetlands identified on your
property. I have also included a brief table below with the acreages of each wetland and the total
wetland acreage for your property, compared with the GIS acreage in Sherburne County parcel data.
Please let me know if you have any questions about the figure or the data. Additionally, just to
reiterate, these boundaries are approximate and cannot be used to obtain a formal approved
wetland delineation, but will suffice for the City's requirements for your CUP application.
Name
Estimated
Area
Wetland 1
4.14
Wetland 2
0.03
Wetland 3
1.09
Wetland 4
0.21
Wetland 5
1.04
Total Estimated Wetland Acreage
6.51
Property Acreage (GIS County Parcel
Data)
16.57488
Remainder (Non - Wetland Estimate)
10.06488
Thank you for the opportunity to work with you!
Meaghan Watson
Environmental Scientist
Certified Wetland Delineator In- Training, #5202
mwatson(dwenck.com I D 763.252.6986 1 C 612.590.2620
7500 Olson Memorial Highway I Suite 300 1 Golden Valley, MN 55427
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Sec. 30 -803. - Animals.
(a) Definitions. The definitions in section 30 -1 are applicable in this section
(b) Purpose. It is the intent of this section to establish regulations which will allow the keeping of animals
within the city in a safe, clean, and healthy manner. The city recognizes that certain types of animals
require regulations and standards to ensure that the health, safety, and welfare of the public is
protected and to promote the compatibility of land uses as it relates to the keeping of animals.
(c) Applicability of other regulations. The provisions of this section relate to the regulation of animals in
the context of land use compatibility. These standards and provisions are not exclusive of other
regulations set forth in this Code. The provisions of any other ordinance, statute or rule which impose
other or greater restrictions shall also apply.
(d) Agricultural animals
(1) The keeping of agricultural animals in the Al and R -1 a zoning district is a permitted use on
parcels which are five acres or larger and a conditional use on parcels which are smaller than
five acres. In the R -1 b, R -1 c, and R -1 d districts, the keeping of agricultural animals is a
conditional use and shall be limited to parcels which are five acres or larger.
(2) The number of animals permitted shall be limited to one animal unit per acre of fenced pasture
land as outlined in the following table:
Animal
Slaughter steer or heifer
Horse
Mature dairy cow
Swine under 55 pounds
Swine over 55 pounds
Sheep
Duck
Turkey
Chicken
Note: For animals not listed in this table, the number of animal units shall be defined as the
average weight of the animal divided by 1,000 pounds.
Page 1
The total number of allowed animal units per acre may be increased, provided there is an
approved manure management plan following the Minnesota Pollution Control Agency
Technical Guidelines for Manure Management and Applications. Such approval may be
obtained through the conditional use permit process as noted in sections 30 -651 through 30-
657. In no event, however, shall the increased amount exceed twice the allowed animals as
indicated in subsection (d)(2).
(3) Stables and barns. All agricultural animals shall be provided a shelter under roof appropriately
sized to accommodate the specific animal in a humane manner. For setback requirements see
section 30 -1007.
(4) Fences. Agricultural animals shall be enclosed in a pen or corral. Fences for pens, corrals,
pasture or similar enclosures must be of sufficient height and strength to retain such animals.
For setback requirements see section 30 -1007.
(5) Sanitation and health standards. Any stable or barn in which animals are kept or maintained
shall be kept clean so as to prevent the transmittal of disease to other animals or persons.
Manure shall be removed from confined areas with sufficient frequency and disposed of
properly to avoid nuisances from odors or breeding of flies. If manure is used as fertilizer, it shall
be turned under immediately if possible, or as soon as the frost leaves the ground. Application
of manure should be conducted in such a manner so as not to permit runoff toward surface
waters. If the city finds that the manure and other waste materials create a nuisance by
attracting flies, other insects, or rodents, or by creating offensive odors, the city may order that
the manure and other waste materials be removed within four days of notice to the owner of the
land.
(e) Dangerous animals. No person shall keep or be allowed to keep in the city any animal which is
dangerous by nature as defined in section 30 -1.
(f) Nontraditional or exotic animals.
(1) A person may keep a nontraditional or exotic animal only upon issuance of a conditional use
permit in accordance with subdivision III of division 2 of this article. In determining whether an
animal is considered nontraditional or exotic, it shall be the responsibility of the applicant to
supply the city with the necessary data and information to reasonably prove that the animal is
not dangerous in captivity. This information shall he part of the public record and shall be
discussed as part of the conditional use permit review.
(2) If a conditional use permit is approved which allows the keeping of a nontraditional or exotic
animal, this use shall be at a minimum subject to the agricultural standards as set forth in
subsection (d) of this section. In reviewing a request to keep nontraditional or exotic animals,
the city may impose conditions and restrictions as it finds necessary, including, but not limited
to, the following:
a. Restrictions on the number and type of animals.
b. Setbacks greater than those required in subsections (d)(3) and (4) of this section.
Restrictions on the size, height and type of enclosures.
Screening or landscaping of the proposed use.
(3) The applicant must also submit a copy of all permits required from the state department of
natural resources, United States Department of Agriculture, United States Fish and Wildlife
Service, and any other governmental agency if applicable.
(g) Inspections. The city may at any time inspect the lot and structures where animals are kept to ensure
compliance with the conditions and restrictions of this article and strict compliance with the terms and
conditions of a conditional use permit.
(Code 1982, § 908; Ord. No. 04 -21, § 2, 12 -20 -2004)
Page 2
Cross reference— Animals, ch. 10.
Page 3