6.3. SR 06-17-1996ITEM 6.3.
r~ity of
iver o.·
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Scott Harlicker, Planning Assista
June 17, 1996
Request by Paul and Paula Kowalzek for
Conditional Use Permit, Public Hearing
Case No. CU 96-3
Request
Paul and Paula Kowalzek are requesting a conditional use permit in order to
have two horses on a platted lot of less than five acres.
Location
14225 214th Avenue NW. Lot 1, Block 1, North Meadows Addition
Zoning/Land Use
Rla (Single Family Residential / LR (Low Density Residential)
Attachments
· Report to Planning Commission dated May 28, 1996
Overview
The keeping of horses on a lot less than five acres requires a conditional use
permit. The Kowalzek's lot is slightly more than three acres in size. Since each
horse requires one acre of pasture and they will be able to enclose two acres of
their lot for pasture, the Kowalzeks are requesting permission to have two
horses.
They are proposing to utilize an existing pole barn to shelter the horses and are
proposing to enclose the pasture with a split rail fence. The fence will be five feet
from the west property line, 30 feet from the north property line and ten feet
from the east and south property lines; the barn is 57 feet from the right-of way
on 214th Avenue and 126 feet from the west property line. The fence and barn
comply with the setback requirements for agricultural buildings and fences.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to City Council
Juno 17, 1996
Page 2
At the May 28, 1996 Planning Commission meeting, the Commission discussed
the this item; a pubhc hearing was held and no one spoke out against the
request.
Recommendation
The Planning Commission and staff recommend approval of a conditional use
permit to allow the Kowalzeks to have two horses on their property located at
14225 214th Avenue with the following conditions:
1. The fence enclosing the pasture must be at least five feet from any property
2. The area within five 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\cu96-3ac.doc
IT~ NO. 5.3
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FROM:
DATE:
MEMORANDUM
Planning Commission
Scott Harlicker, Planning Assistan~
/
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 properW 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 e]imin ated 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 KowMzek'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 Rla zone still
requires a conditional use permit. Since the Kowalzek's property is zoned
Rla and is three acres in size, they still require a conditional use permit to
have horses.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to Planning Commission
May 28, 1996
Page 2
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.
Anal~/sis
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 Kow~lT, ek'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 apphcation was compared to the seven standards for a conditional use
permit found in the Zoning Ordinance Section 900.42. It is st~Ws 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:\plauuiu g\scottXcu96-3a.doc
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