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Planning Commission Minutes June 25, 2002 Page 2 e 5. Planning Commission Representative to Attend City Council Meeting Commissioner Jenson will attend the July 15,2002 City Council meeting. 6.1. Request by John Bailey for Conditional Use Permit to Allow Horses in R1c Zoning District. Public Hearing - Case No. CU 02-22 Staff report by Scott Harlicker. John Bailey requests a conditional use permit to permanently stable and pasture 5 horses and temporarily shelter and pasture 5 additional horses on 17.5 acres of fenced pasture. The property is located in the floodplain between the Mississippi and Elk Rivers. Staff recommends approval of the request with one condition. Chair Pederson opened the public hearing. John Bailey, Jr., applicant, explained that the property was owned by his parents who are now deceased and their estate is going through probate. Mr. Bailey stated that the property has been used to pasture horses for the past 60 years. The reason for the request is to ensure that a future buyer will be allowed to continue to pasture horses. Chair Pederson asked how the manure was handled. Mr. Bailey stated that it was spread on site, but that it could be hauled away, since there is vehicle access to the property off Morton Avenue. Mr. Harlicker stated that the ordinance requires 1 acre per horse so that waste can be handled on site, and this property has more than adequate space. e Commissioner Baker asked if there were horses on the property now. Mr. Bailey stated that there currently are six horses pastured on the site. Commissioner asked if the other homeowners on Morton were aware of this request. Mr. Harlicker stated that all property owners within 350 feet of the property were notified. Dan Anderson, 209 Morton Avenue, stated that he has been a neighbor of the Bailey family for many years and is very familiar with the property. He noted that no income can be derived from the property since it is in the floodplain, and felt that pasturing horses was a good use of the property. Mr. Anderson expressed his support for approval of the request There being no further public comment, Chair Pederson closed the public hearing. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY JOHN BAILEY TO ALLOW UP TO 10 HORSES ON 17.3 ACRES WITH THE FOLLOWING CONDITION: 1. IF MORE THAN 10 HORSES ARE ON SITE, THE CUP SHALL BE AMENDED. COMMISSIONER JENSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6.2. Request by Contour Excavating. inc. for Preliminary Plat Approval (Birchview). Public Hearing - Case No. P 02-12 e