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City Council Minutes May 20, 1991 Page 9 5.10. Conditional Use Permit Request by David Berants/public Hearing Case #CU-91-007 Janelle Szklarski, Zoning Assistant, indicated that David Berants is requesting a conditional use permit to have one horse on his 2 1/2 acre parcel of property. Al Nadeau indicated that the Planning Commission recommended approval of the conditional use permit for one horse. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. Councilmember Kropuenske indicated that he had received a call from a neighboring resident. He indicated that the caller expressed a complaint regarding the fact that the horse was not shod and, therefore, was riding on the lawns of the neighbors rather than the street. Ms. Berants indicated that the horse was not shod and that the horse has been riding in the ditches. She indicated that she does have plans to shod the horse. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT WHICH WOULD ALLOW THE APPLICANT TO HAVE ONE HORSE ON HIS PROPERTY LOCATED AT 19101 TYLER STREET NW, WITH THE FOLLOWING STIPULATIONS: • 1 . THAT THE SHED BE SETBACK 300 FEET FROM ANY NEIGHBORING DWELLING. 2. THAT ANY FENCED IN AREA BE SETBACK AT LEAST 200 FEET FROM ANY NEIGHBORING DWELLING. 3. THAT MR. BERANTS BE LIMITED TO ONE HORSE ON THE SITE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE.MOTION CARRIED 5-0. Mayor Tralle requested that the horse be shod so that it can ride in the streets, rather than in the ditches. 5.12. Conditional Use Permit Reouest by Assembly of God Church Mayor Tralle noted that although this item has been tabled at the request of the applicant until July 15, he would receive public input at this time. Al Fisher, 11946 196th Avenue NW, indicated objection to the request from Elk River Assembly of God Church to operate a daycare facility to accommodate up to 59 children. He stated he bought his property to be in a private area. He felt that the existing church has not kept the area surrounding the church clean and orderly and indicated that there were traffic problems relating to the church in the area. He further stated that the "garage" for which they received a permit • is a house. He stated that it is the intention of the Church that the "garage" be a residence for out-of-town guests. He questioned the long range intent of the Church.