5.1. SR 05-19-2008REQUEST FOR ACTION
To Item Number
Cit- Council 5.1.
Agenda Section Meeting Date Prepared by
Communi Develo ment Ma 19, 2008 Sheila Caxme ,Senior Planner
Item Description Reviewed by
Request by Pamela Rorwick fox a Conditional Use Permit to iexem Barnhart, Plannin Mana ex
Allow Horses, Public Hearing -Case No. CU 08-10 Reviewed by
Action Requested
Staff and the Planning Commission recommend approval of the Conditional Use Permit to allow up to
three horses on Lot 2, Block 1, Rocky Manar; 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. A 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.
Summary
In February 2008 this property received approval to subdivide into two lots. Lot 1 is undeveloped and is
5.G2 acres and Lot 2 contains the single family home, barn, and pasture and is 4.00 acres. Section 30-803
of the Elk River City Code regulates agriculture animals. The number of animals permitted shall be one
anunal unit per acre of fenced in pasture. The subject site can have three acres of fenced in pastue, 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 ui the R1a zoning district.
Planning Commission Discussion
The Plannuig Coxnxnission held a public hearing on May 13, 2008, there was no public comment at this
hearing. The Planning Commission unanimously approved the CUP with no discussion.
Attachments
• Staff Report to Planning Coumtission dated May 13, 2008.
ACtlon 1Vlotion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU D8-]0 Rorwick\CC memo.doc
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.1
Agenda Section Meeting Date Prepared by
Plazmin Items Ma 13, 2008 Sheila Cartne ,Senior Planner
Item Description Reviewed by
Request by Pamela. Roxwick fox 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 Coxnuussion 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/Discussio n
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)
Cvse File: CU 08-10
Page 2
General Information
CUY
Pamela Ro[wick
Applicant Pamela Rorwick
60 Day Rule The application has been deemed complete as of March 31,
2008. The Ci must take action by Ma 31, 2008.
Location and Size Approximately 4 acres north of 213s' Avenue.
Location Existing Use Land Use Plan Designation Current Zoning
Subject Single family Rural Residential R1a
Property residential
North Single family Rural Residential R1a
residential
South Single family Rural Residential Rla
residential
East Single family Rural Residential R1a
residential
West Single family Rural Residential Rla
residential
Overview/Analysis
The subject property has recently been rezoned to Rla, consistent with the 2008 Comprehensive
Plan updates. In the R1a district agriculture uses axe 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 axe not uncommon in the Rla zoning district.
Aoolicable 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 OS-10 Roewick\PC cepoct.doc
Case Pile: CU 0&III
Page 3
CUP
Pamela Roxwick
1. Will not endanger, injure or detrimentally affect the use and enjoyment of otherpropevty in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
city.
2. Will be consistent with the comprehensive plan.
3. Wild not impede the normal and orderly development and improvement of surrounding vacant properly.
4. Will be served adequately by and will not adversely affect essential public facilities and services including
streets, police and fzreprotection, drainage, refuse disposal, water and sewer.rystems, parks and schools; and
will not, in pav2icular, create traffic congestion or interference with traffic on ad acent and neighboring public
thoroughfares.
5. Widl not involve uses, activities, processes, matevialr, equipment and conditions of operation that will be
detrimental to any persons orpropeviy because of excessive traffic, noise, smoke, fumes, glove, odors; dusd or
vibrations.
6. Will not result in the destruction, loss or damage of a natural, scendc or histovic feature of major importance.
7. Widl 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 and operate the proposed use in the city.
If denial of such a permit should occur, it shall accompany xecotnmendations or determinations by
findings ox 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 fox 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 Axea. 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
5:\PL.4NNING MAIN\Case Files\CUP\CU 08-10 Ro~wick\PC repottdoc
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Location Map N
City of
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R1Ver Case Number: CU 08-10 RORWICK
Pamela D. Rorwick
9719 213u' 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 pazcels loll and lot 2. Lot 2 a 4 acre parcel has a
house, bam 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 hazdships 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 31 ZOf~