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N:\Departments\Community Development\Planning\Case Files\V\V 16-14 Gayle Murray\3-Planning Commission\V 16-14 sr BA 10-25-16.docx Background/Discussion The property owner, Gayle Murry, is proposing to construct a fence within the wetland buffer area to protect the wetland from the agricultural animals located at 19262 Ogden St NW. The property consists of 5.0 acres and is located in the Single Family Residential (R1-a) zoning district. Approximately 66 percent of this property is covered in wetland which translates to 80 percent of the property being restricted by the wetland setback. City ordinance identifies two wetland buffers: first, a 25 foot no mow/maintenance buffer, which prohibits alterations to the established vegetation, and second, an additional 20 foot buffer prohibiting structures but allows fences. The proposed fence extends 20 feet into the wetland setback area, which is permitted, and extends 25 feet into the wetland buffer area. The ordinance establishing both of the buffer areas was adopted in 2006. This lot has not been platted meaning that a variance for the proposed use would not have been required when the house was built. Section 30-1852 regulates wetland setbacks as shown in the image below. The fence will encroach into the 25-foot wetland buffer strip (red), but the fence is permitted within the required 20-foot wetland buffer (strip) setback (orange). The applicant is asking for a 25 foot variance from the 25-foot wetland buffer strip setback which does not allow fences. Staff has no concern with issuing a variance for the fence as proposed. 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 2.32 animal units. The applicant has stated that the limit of 2.32 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. If the