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Memo to Planning Commission/0A96-5, OA 96-6 Page 4 <br /> April 23, 1996 <br /> This can result is some very unusual situations. In the A-1 zone, where the <br /> 40 minimum lot size is ten acres, a person could have a 10 to 15 acre platted parcel <br /> and still be required to obtain a conditional use to have horses and the neighbor, <br /> with only 5.5 acres of unplatted property, could have horses as a permitted use. <br /> To a lesser extent, the same type of situation could also happen the Ma zone; <br /> two neighbors could have similar sized parcels and if one is platted and the <br /> other is not, the unplatted lot could have a horse as a permitted use and the <br /> platted lot would require a conditional use permit. <br /> In order to address the issues of measuring the setback from adjacent residential <br /> structures, the size of the setback, the different setbacks for agricultural <br /> buildings and fences and the requirement that any platted property require a <br /> conditional use permit staff is suggesting the following: <br /> • eliminate the different setbacks for agricultural buildings and fences and <br /> establish one setback for both based on what the property is zoned; <br /> • establish a minimum setback that is measured from the property line and <br /> not the neighboring dwelling; <br /> • eliminate the need for a conditional use permit for agricultural uses on <br /> platted property and base the requirement only on a minimum lot size. <br /> Recommendation <br /> • In order to implement the above suggestions, staff is recommending the <br /> Planning Commission approve the code amendments as presented in the <br /> attached ordinance. In summary, the main points in the ordinance are: <br /> • Agricultural uses as a permitted use in the Al and Rla districts on lots 5 <br /> acres or larger; <br /> • Agricultural use as a conditional use in the Al and Rla districts on lots <br /> smaller than 5 acres; <br /> • Agricultural uses only as a conditional use in the R1b, R1c, Rid and Rle <br /> districts on lots 10 acres or larger; <br /> • Setbacks for agricultural buildings and agricultural fences will be measured <br /> from the property line and the same setback will apply to both agricultural <br /> fences and the agricultural structures. <br /> • <br /> s:\planning\scott\aguses.doc <br />