5.6 PCSR 09-26-1995 - Laserfiche WebLink

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amendment to his Conditional Use Permit which would allow him to keep both • horses on the property. Analysis Agricultural Uses are a conditional use in the R1-a zone for parcels under 5 acres in size. The Barents property is 3.66 acres, but 1.03 acres is in the highway R.O.W. Therefore, the property only has 2.63 usable acres. The City Ordinance limits the number of horses allowed to one (1) horse per acre of pasture land, as per MPCA standards. The Barents currently have just under 1 acre of pasture. The Planning Commission should again look at the seven (7) standards for a conditional use permit as found in the Elk River City Ordinance Section 900.42. Staff has a couple of concerns with the addition of another horse to the property. The City Ordinance says that the standard is one horse per acre of pasture land, by allowing the second horse on this property, the number of horses would exceed the MPCA standards as well as the City Ordinance. The biggest concern with allowing two (2) horses on less than one acre of pasture land is the odor and waste associated with the addition of the second horse. Staff requested that Mr. Barents provide the City with information on how the additional waste • would be handled, but we did not receive that information. The complaint received by the City regarding this property was not a complaint about odor, rather, it was about the number of horses on the property. The complainant felt that the City was inconsistent in enforcing its ordinances and granting Conditional Use Permits. Staff has not received any other complaints about the property. However, the property to the west of Tyler Street is zoned Ric with city sewer and water. While odor has not become a concern yet, as this area develops, two agricultural animals on a property this size could become an even greater issue. Recommendation In Staffs opinion, this request does not meet the seven standards for granting a conditional use permit and, therefore, recommends denial of the Conditional Use Amendment to allow a second horse on the property based on the following findings: 1. The addition of the second horse will exceed the MPCA standard of one horse per acre of pasture land. If the amendment is granted, it will double the number of horses per acre and could detrimentally • affect the use and enjoyment of other property in the neighborhood. S:\PLANNING\KENDRA\CU95-21.DOC