5.3 ITEM NO. 5.3
ity of
MEMORANDUM
Ilk/ 1iver10: Planning Commission
FROM: -Scott Harlicker, Planning Assistant`
DATE: May 28, 1996
SUBJECT: Request by Paul and Paula Kowalzek
for a Conditional Use Permit, Public
Hearing Case No. CU 96-3
Background
This request was initially for a variance to the 300 foot setback requirement
between an agricultural building and adjacent residences and a conditional use
permit to allow a horse on a lot less than five acres. These items were first before
the Commission on March 26, 1996 and were tabled pending an amendment to
the Zoning Ordinance relating to setbacks for agricultural buildings and the
requirement that agricultural uses on all platted property require a conditional
use permit.
• On May 20, 1996 the City Council approved an amendment that reduces the
setback requirement for agricultural buildings and fences and eliminated the
requirement that agricultural uses on platted property need a conditional use
permit.
The amendment affects this application in the following ways:
• The new setback requirement for agricultural buildings is 30 feet from the
property line and 50 feet from the right-of way. Since the proposed building
to shelter the horses is 126.5 feet from the property line and 57 feet from the
right-of-way, the Kowalzek's do not require a variance for the agricultural
building.
• The new setback requirement for agricultural fences is five feet from the
property line. The Kowalzek's are proposing the fence be setback 10 feet from
the property line so they do not need a variance for the fence.
• The keeping of horses on a lot less than five acres in the Ria zone still
requires a conditional use permit. Since the Kowalzek's property is zoned
Ria and is three acres in size, they still require a conditional use permit to
have horses.
1111
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Planning Commission Page 2
May 28, 1996
The Kowalzek's have indicated that since the reduced setbacks will allow them
• to enclose two acres for pasture, they would like permission to have two horses.
Analysis
The applicant would like to have two horses. Each horse will require one acre of
pasture. The applicant has indicated the enclosed pasture on the site plan and it
totals about 2.25 acres, which is enough pasture to accommodate two horses.
The Kowalzek's are proposing a split rail fence to enclose the pasture and they
will be using an existing pole barn to shelter the horses.
The application was compared to the seven standards for a conditional use
permit found in the Zoning Ordinance Section 900.42. It is staff's opinion that
this request complies with the seven standards for granting a conditional use
permit.
Recommendation
It is recommended that the commission recommend approval of a Conditional
Use Permit to allow two horses with the following conditions:
1. The fence enclosing the pasture must be at least five feet from any property
• line.
2. The area within 5 feet of the raised mound septic system shall not be included
in the pasture area.
3. No more than two horses shall be allowed on this lot.
•
s:\planning\scott\cu96-3a.doc
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