5.1. PCSR 05-13-2008REQUEST FOR ACTION
To Item Number
Plannin Commission 5.1
Agenda Section Meeting Date Prepared by
Plannin Items Ma 13, 2008 Sheila Cartne ,Senior Planner
Item Description Reviewed by
Request by Pamela Rorwick for a Conditional Use Permit to erem Barnhart, Plannin Mana er
allow horses on less than 5 acres case# CU 08-10 Reviewed by
Action Requested
Staff recommends that the Planning Commission recommend approval of the Conditional Use
Permit to allow up to three horses on Lot 2, Block 1, Rocky Manor, with the following conditions:
1. The Plat must be recorded before the CUP is issued.
2. Three acres of fenced in pasture is required to have three horses.
3. The pasture fence shall be set back 5 feet from the property line.
4. The pasture area can not include the septic drain field area.
5. Any manure management plan shall be approved by the City of Elk River
Environmental Department and any other requires regulatory agencies.
6. Some sort of shelter with a roof must be provided for the horses at all times.
7. An increase in horses above 3, at any time will require a new Conditional Use Permit.
Background/Discussion
In February 2008 this property received approval to subdivide into two lots. Lot 1 is undeveloped and is
5.62 acres and Lot 2 contains the single family home, barn and pasture and is 4.00 acres.
Attachments
Location Map
Applicant's Narrative
Site Plan(s)
Case File: CU 08-10
Page 2
General Information
CUP
Pamela Rorwick
A lieant Pamela Rorwick
60 Day Rule The application has been deemed complete as of March 31,
2008. The Ci must take action by May 31, 2008.
Location and Size Approximately 4 acres north of 213th Avenue.
Location Existing Use Land Use Plan Designation Current Zoning
Subject Single family Rural Residential R1a
residential
Property
North Single family Rural Residential R1a
residential
$OUtll Single family Rural Residential R1a
residential
East Single family Rural Residential R1a
residential
West Single family Rural Residential R1a
residential
Overview/Analysis
The subject property has recently been rezoned to R1a, consistent with the 2008 Comprehensive
Plan updates. In the R1a district agriculture uses are allowed via Conditional Use Permit approval if
the lot is less than five acres. The subject property is four acres and does require a CUP in order to
have horses on the property.
Section 30-803 of the Elk River City Code regulates agriculture animals. The number of animals
permitted shall be one animal unit per acre of fenced in pasture. The subject site can have three
acres of fenced in pasture, not impeding the septic system therefore, three horses may be allowed.
This section also requires that shelter be provided with a roof. There is an existing barn on the site.
Horses and other agriculture animals are not uncommon in the R1a zoning district.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
S:\PLANNING MAIN\Case Files\CUP\CU 08-10 Rorwick\PC report.doc
Case File: CU 08-10
Page 3
CUP
Pamela Rorwick
7. Will not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
Clt~' 1.
2. Dill be consistent with the comprehensive plan.
3. Dill not impede the normal and orderly development and improvement of surrounding vacant property.
4. lYlill be served adequately by and will not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal water and sewer systems, parks and schools; and
will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public
thoroughfares.
5. lY>ill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. 1Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. mill fully comply avith all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the city.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in
Section 30-654.
In the review of the standards for CUP as outlined, it appears that the request is consistent with all
of these standards.
Comprehensive Plan
The subject property has a Comprehensive Land Use Plan designation of Rural Residential. The
Comp Plan states "The Rural Residential category shows the pattern of residential development
outside of the Urban Service Area. Housing in theses areas consists of Single-family detached
housing units. The area consists of a combination of farmsteads, large lot rural subdivisions and
cluster subdivision." Horses in this area would be consistent with the Comprehensive Land Use
designation.
Staff recommends that the Planning Commission recommend approval of the Conditional Use
Permit to allow up to three horses on Lot 2, Block 1, Rocky Manor, with the conditions listed
above.
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU 08-10 Rorwick\PC report.doc
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Location Map
City of N
El -~-,
^" Case Number: CU 08- I 0 RORWICK
River
Pamela D. Rorwick
9719 213' Ave NW
Elk River,MN 55330
763-241-0051
To whom it may concern:
I am hereby applying for a conditional use permit for the above address. The property
has recently been divided into two parcels lotl and lot 2. Lot 2 a 4 acre parcel has a
house, barn and fenced in pasture of approximately 1 acre currently on it. In order to
have the possibility of having three horses on the premises I will need the conditional use
permit. The addition of 2 acres of fenced in pasture can be done with no hardships or
hazards to adjoining properties. The manure removal plan can be accomplished by
having the manure spread on the future proposed pasture and to have no horses on that
site for 30 days. The new fenced in pasture will be located on the west and north side of
property as well as the southeast side of property.
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RECEIVED MAR 312008
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