7.5. SR 07-17-2017 - Laserfiche WebLink

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3. The authorized use shall not begin until the CUP is recorded. 4. If the proposed work described in the application and CUP has not been substantially completed within two years after the permit’s date of issuance, the permit shall expire and become void. 5. If the authorized use ceases for more than six months, the permit shall expire. 6. The hours of operation shall be limited to 7:00 a.m. to10:00 p.m. 7. 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. 8. There shall be no animals permitted outside of the fenced pasture area. 9. All customer vehicles must be parked on site on an approved surface. 10. The applicant must apply for and receive approval for all required permits before any construction may begin. Background/Discussion Case No. CU 17-09 Michael and Lindsey Swanson, owners of Swanson Stables LLC., are requesting a CUP to increase the number of animal units at 21310 Brook Road NW. The property consists of 16.57 acres and is located in the Single Family Residential (R1-a) zoning district. Approximately 40 percent of this property is wetland. Additionally, the Swanson’s are requesting a CUP to operate a Home Occupation from 21310 Brook Road NW. Swanson Stables LLC will be a facility that American Saddlebred horses will be boarded and show trained. The proposed use exceeds the requirements for a permitted Home Occupation and requires a CUP to operate the proposed business from this location. Property History A CUP allowing the keeping of horses was approved for this property in 2012 but has since expired due to cessation of the approved use. The previous CUP application stated there was 11 acres of non-water land on this site permitting a total of 22 animal units or horses on the property with a CUP. However, in review of the materials provided in the 2012 application, staff noted that a wetland delineation had not been completed. The 11 acres of non-water land used to determine the animal units at that time was based on a survey showing the water’s edge. Based on recent standards, increasing the number of animal units on properties with wetlands, a wetland delineation is required. Having an accurate delineation of the wetland boundary is a crucial element in determining the amount of land available for fenced pasture land. Using assumptions outlined in the 2012 CUP, and a recent CUP which allowed in an increase in the number of animals on a residential lot, the area of fenced pasture land is based on the area fenced, excluding wetlands, driveways, and buildings. Increased Animal Units 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. Since this site is completely fenced in around the perimeter, the area of fenced pasture land will include all areas except the wetlands, driveway, and buildings. The submitted wetland delineation dated May 2017 identifies the following: N:\\Public Bodies\\Agenda Packets\\07-17-2017\\Final\\7.5_CU 17-09 Swanson CC 7-17-17.docx