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Planning Commission Minutes Page 2 December 27,2016 4.2 Chris Murray— 19262 Ogden Street NW • Conditional Use Permit for Agricultural Animals, Case No. CU 16-34 Planner BrieAnna Simon presented the staff report. Staff recommended approval of the Conditional Use Permit with the 12 conditions listed in the staff report. Chair Johnson opened the public hearing. There being no comment,Chair Johnson closed the public hearing. Motion by Commissioner Konietzko and seconded by Commissioner Nicholas to recommend approval of the request by Chris Murray for a Conditional Use Permit to allow agricultural animals,with the following conditions: 1. If the proposed work described in the application and Conditional Use Permit has not been substantially completed within two years of the Conditional Use Permits date of approval,the permit shall expire and become void. 2. The Conditional Use Permit shall expire if the authorized use ceases for more than six months. 3. The applicant must apply for and receive approval of all required permits before any construction may begin. 4. No more than 6.26 animal units shall be allowed on the property. 5. All conditions approved by the Board of Adjustments on October 25,2016,for a wetland setback variance (Case No.V 16-14) shall be met. 6. All conditions and best practices outlined by the Wetland Conservation Act— Technical Evaluation Panel decision,dated October 14,2016,shall be met. 7. The Manure Management Plan shall be followed as directed and approved by the Sherburne County Soil and Water Conservation District. 8. For the Conditional Use Permit to remain active, a valid Manure Management Plan must be approved by the Sherburne County Soil and Water Conservation District and filed with the City of Elk River for all future homeowners. 9. Any changes to the Manure Management Plan must be approved by the Sherburne County Soil and Water Conservation District and filed with the City of Elk River. 10. If manure is used as fertilizer,it shall be turned under immediately,or as soon as the frost leaves the ground.Application of manure should be conducted in such a manner so as not to permit runoff toward surface waters. 11. If the city finds that the manure and other waste materials create a nuisance by attracting flies,other insects,rodents, or by creating offensive odors,the city may order the manure and other waste materials be removed on a more frequent schedule. 12. No on-site commercial activities such as breeding,boarding, or selling shall be permitted. Motion carried 7-0.