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1.The citys Building Official and Fire Marshal shall inspect the for compliance with all <br />state and local building codes. <br />2.The authorized Conditional Use Permit shall not be recorded unti <br />have been completed. <br />3.The authorized use shall not begin until the Conditional Use Per <br />4.If the proposed work described in the application and Conditiona <br />substantially completed within two years after the Conditional U <br />permit shall expire and become void. <br />5.If the authorized use ceases formore than six months, the Conditional Use Permit shall expire. <br />6.The hours of operation shall be limited to 7:00 a.m. to10:00 p.m. <br />7.If the city finds that the manure and other waste materials crea <br />other insects, rodents, or by creating offensive odors, the city may order the manure and o <br />waste materials be removed on a more frequent schedule. <br />8.There shall be no animals permitted outside of the fenced pasture area. <br />9.All customer vehicles must be parked on site on an approved surface. <br />10.The applicant must apply for and receive approval for all requir <br />construction may begin. <br />Background/Discussion <br />Michael and Lindsey Swanson, owners of Swanson Stables LLC., areonditional Use Permit <br />(CUP) to increase the number of animal units at 21310 Brook Road NW. The property consists of 16.57 <br />acres and is located in the Single Family Residential (R1-a) zoning district. Approximately 40 percent of <br />this property is wetland. Additionally, the Swansons are requesting a CUP to operate a Home <br />Occupation from 21310 Brook Road NW. Swanson Stables LLC will be a facility that American <br />Saddlebred horses will be boarded and show trained. The proposed use exceeds the requirements for a <br />permitted Home Occupation and requires a CUP to operate the proposed business from this lo <br /> <br />Property History <br />A CUP allowing the keeping of horses was approved for this property in 2012 but has since expired due <br />to cessation of the approved use. The previous CUP application stated there was 11 acres of non-water <br />land on this site permitting a total of 22 animal units or horseHowever, in <br />review of the materials provided in the 2012 application, staff <br />been completed. The 11 acres of non-water land used to determine the animal units at that time was <br />based on a survey showing the waters edge. <br /> <br />Based on recent standards, increasing the number of animal units on properties with wetlands, a wetland <br />delineation is required. Having an accurate delineation of the wetland boundary is a crucial element in <br />determining the amount of land available for fenced pasture land. Using assumptions outlined in the 2012 <br />CUP, and a recent CUP which allowed in an increase in the number of animals on a residential lot, the <br />area of fenced pasture land is based on the area fenced, excluding wetla <br /> <br />Increased Animal Units <br />Section 30-803  Animals of the city code outlines the regulations which allow the keeping of animals <br />within the city in a safe, clean and healthy manner. Agricultura- <br />809(d)(2) of the city code. This section limits the keeping of a <br />N:\Departments\Community Development\Planning\Case Files\CUP\CU 17-09 Swanson\4-Planning Commission\PC 170627\CU 17-09 Swanson <br />PC 03-28-17.docx <br />