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Memo to Planning Commission/0A96-5, OA 96-6 Page 2 April 23, 1996 single family residential districts (ie. Rib, Ric, Rid) would be allowed only as a IIconditional use on more than 10 unplatted acres. Further amendments were approved in 1992 in response to a request to raise ostriches in the agricultural zone. The amendments adopted in 1992 are reflected in the current Ordinance. The current regulations state that agricultural uses in the A-1 and Rla zone are a permitted use if on five or more unplatted acres, a conditional use on less than five acres or if the property has been platted and in the other single family residential districts allowed only as a conditional use on more than 10 unplatted acres. At the March 26, 1996 Planning Commission meeting, the Commission discussed an application for variance from the 300 foot required setback between agricultural buildings and adjacent residences and a conditional use permit to have a horse. The applicant, the Kowalzeks, had constructed a metal building on their lot that was initially going to be used as a storage building and conformed to the setback requirements for an accessory structure. At the time they built the pole barn there was no neighboring dwelling that they had to be 300 feet from. After the building was completed, they decided to use it to stable a horse. In the mean time, the neighbor to the west built a house within 300 feet of the pole barn and thus triggered the need for the Kowalzeks to request a variance to have an agricultural building within 300 feet of an adjacent dwelling. As a • result of this application, the following issues were raised: • the point was made that it is unfair to hold property owners accountable to a setback requirement from something that they have no control over; it would seem more fair and logical to establish setback requirements from a fixed and known point, such as a property line; • the size of the setback and the need to have different setbacks for animals being enclosed by a fence and those in a structure; • the issue of lot size and the need to make a distinction between platted and unplatted property. Analysis Setback requirements The current method of measuring the setback of an agricultural building from an adjacent residential structure can causes problems. It does not allow a property owner to plan out or phase development of their property regarding placement of an agricultural building and fence. Their plans hinge on where • their neighbor places their house or constructs an addition. By measuring the setback from a fixed point, like principle structures and other accessory s:\planning\scott\aguses.doc