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Request for Action <br />ver <br />To <br />Item Number <br />Board of Adjustments <br />4.3 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Public Hearings <br />July 25, 2017 <br />Brie-Anna Simon, Planner <br />Item Description <br />Reviewed by <br />Michael Swanson — 21310 Brook Road NW <br />Zack Carlton, Planning Manager <br />■ Variance to permit the keeping of four <br />additional animal units, Case No. V 17 -05 <br />Reviewed by <br />Action Requested <br />Approve, by motion, the variance request by Michael Swanson to allow 22 animal units at 21310 Brook <br />Rd NW for the following reasons: <br />1. The general purpose and intent of the ordinance are met. <br />2. The property has a land use of residential and the use is consistent with the comprehensive plan. <br />3. The proposed use is reasonable and is permitted in the zoning ordinance. <br />4. The plight of the petitioner is due to circumstances unique to the property not a consequence of <br />the petitioners own action or inaction. <br />5. The variance will not alter the essential character of the locality. <br />If the Board approves the request, staff recommends the following conditions: <br />1. The area within the 25 foot wetland buffer strip is not to be maintained as yard area (no mowing, <br />no planting, no landscaping) and must be left to grow naturally. <br />2. All conditions and best practices outlined by the Wetland Conservation Act — Technical <br />Evaluation Panel decision shall be met. <br />3. All standards described in Section 30 -803 — Animals of the city code must be achieved for the <br />10.06 acres of fenced pasture land. <br />4. If the Conditional Use Permit (CU 17 -09) expires the variance permitting 22 animal units will also <br />expire. All variances for animal units shall be recorded with the approved Conditional Use Permit <br />for an increase in animal units. <br />5. The property owner must remain in compliance with all the conditions outlined in the <br />Conditional Use Permit (CU 17 -09). <br />Background /Discussion <br />TNEchael and Lindsey Swanson, owners of Swanson Stables LLC., are requesting a variance to increase the <br />number of animal units at 21310 Brook Road NW. Swanson Stables LLC will be a facility where <br />American Saddlebred Horses will be boarded and show trained. The property consists of 16.57 acres and <br />is located in the Single Family Residential (R1 -a) zoning district. Approximately 40 percent of the <br />property is wetland. <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 horses on the property with a CUP. However, in <br />p 0 W I R 1 0 B Y <br />I Is lWREE <br />