4.2 PCSR 12-27-2016 - Laserfiche WebLink

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Background/Discussion The property owner, Chris Murry,is constructing a fence in the rear yard of the property located at 19262 Ogden St NW to protect the wetland from the agricultural animals located on the property.The property consists of 5.0 acres and is located in the Single Family Residential (Ri-a) zoning district.Approximately 66 percent of this property is covered in wetland. Section 30-1852 regulates wetland setbacks. On October 25,2016,the applicant received a 25 foot variance from the 25-foot wetland buffer strip setback which does not allow fences.The applicant has worked with the Sherburne Soil and Water Conservation District(SWCD) to develop a Conservation Practice plan and cost-share application for wetland and wetland buffer restoration. Kristin Mroz and SWCD staff have visited the property multiple times to determine the best solution for the property. As a part of the project,that applicant has applied for a Wetland Conservation Act Decision under exemption of conservation practices.The applicant received an approval decision on 10/19/2016. Additionally, Section 30-803—Animals of the city code 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. With the current location of the fenced in area, 19262 Ogden St NW can have 3.13 animal units without a conditional use permit.The applicant has stated that the limit of 3.13 animal units is currently being exceeded.To establish compliance within the ordinance,a conditional use permit will be required to increase the permitted number of animal units,which includes a manure management plan. A condition of the variance approved on October 25,2016 required the Murry's to apply for a conditional use permit to comply with Section 30-809 Agricultural Animals. The applicant is asking to permit a total of 6.26 animal units. Currently the applicant has 4.8 animal units with the following: • Four horses—4.0 animal units • Two pot bell pigs—0.8 animal units The applicant is not anticipating exceeding 4.8 animal units at this time but with the constructed fence a total of 6.26 animal units is permitted per this request. The Conditional Use Permit application requires the submittal and approval of a Manure Management Plan in order to protect the animals and neighboring properties. In addition,the health of the wetland on this property must be taken into account.Therefore,the Manure Management Plan was developed in coordination with the Sherburne County Soil and Water Conservation District and will be held on file to remain with the property for any future homeowners. Applicable Regulation Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other propery in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. The proposed use will not detrimentally affect nearby property as the use fits with the intended use of the development and is surrounded by other residential establishments. The Manure Management Plan takes neighboring properties into account. \\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\CUP\CU 16-34 Chris Murray\4-Planning Commission\CU 16-34 Murray PC 16-27-16.docx