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City Council Minutes <br />January 17, 2097 <br />Page 6 <br />Mayor Dietz opened the public hearing. There being no one to speak to this issue, <br />Mayor Dietz continued the public hearing. <br />Moved by Councilmember Wagner and seconded by Councilmember <br />Westgaard to continue the public hearing to February 21, 2017. Motion carried <br />5-0. <br />7.4 Conditional Use Permit: Agricultural Animals, Chris Murray <br />Ms. Simon presented the staff report. <br />Mayor Dietz opened the public hearing. There being no one to speak to this issue, <br />Mayor Dietz closed the public hearing. <br />Moved by Councilmember Westgaard and seconded by Councilmember <br />Olsen to approve the conditional use permit request by Chris Murray to <br />increase the number of permitted agricultural animal units to 6.26, with the <br />following conditions: <br />1. If the proposed work described in the application and CUP has not been <br />substantially completed within two years of the CUP's date of approval, <br />the permit shall expire and become void. <br />2. The CUP shall expire if the authorized use ceases for more than six <br />months. <br />3. The applicant must apply for and receive approval of all required permits <br />before any construction may begin. <br />4. No more than 6.26 animal units shall be allowed on the property. <br />5. All conditions approved by the Board of Adjustments on October 25, 2016, <br />for a wetland setback variance (Case No. V 16-14) shall be met. <br />6. All conditions and best practices outlined by the Wetland Conservation <br />Act — Technical Evaluation Panel decision, dated October 14, 2016, shall <br />be met. <br />7. For the CUP to remain active, a valid Manure Management Plan must be <br />approved by the Sherburne County Soil and Water Conservation District <br />(SCSWCD) and filed with the City of Elk River for all future homeowners. <br />8. Any changes to the Manure Management Plan must be approved by the <br />SCSWCD and filed with the City of Elk River. <br />9. If manure is used as fertilizer, it shall be turned under immediately, or as <br />soon as the frost leaves the ground. Application of manure should be <br />conducted in such a manner so as not to permit runoff toward surface <br />waters. <br />10. If the city finds that the manure and other waste materials create a <br />nuisance by attracting flies, other insects, rodents, or by creating offensive <br />odors, the city may order the manure and other waste materials be <br />removed on a more frequent schedule. <br />11. No on-site commercial activities such as breeding, boarding, or selling <br />shall be permitted. <br />