04-23-1996 PC MIN - Laserfiche WebLink

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Planning Commission Minutes April 23, 1996 Page 8 . Commissioner Minton stated the City of Elk River is looking for the best way to let Cargill do operations the way it has been done. We want a balanced growth for the community. Tim Thomas, Attorney for Cargill, stated Cargill has no intentions of every leaving Elk River. staff report by Scott Harlicker. The City of Elk River is requesting to amend Section 900.12, Section 900.18 and Section 908.06 of the City of Elk River Code of Ordinances relating to permitted and conditional uses in the agricultural and single family residential zones, dimensional regulations for accessory uses and setbacks for stables, barns, and agricultural fences. . At the March 26,1996 Planning Commission meeting, the Commission discussed a variance application to the required 300 foot setback and a conditional use permit to have a horse. As a result of this application the following issues were raised: the difficulty of complying with setbacks from something over which they have not control, the size of the setback and the issue of differentiating between platted and unplatted property when determining if a conditional use permit is needed. Commissioner Kuester had questioned whether a horse is a hobby or an agricultural animal. Steve Ach, City Planner stated according to the State of Minnesota a horse is considered an agricultural animal. Scott Harlicker stated the current method of measuring the setback of an agricultural building from an adjacent residential structure can cause 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 structure are, the uncertainty of not knowing if they will be able to complete their plans is removed. The current setback requirements are 300 feet for agricultural structures and 200 feet for livestock fences. . The current Ordinance has two criteria that are used to determine if an agricultural use is a permitted use or a conditional use, size of the property and whether the property is platted or unplatted. In the A-1 and R 1 a zones, the minimum lot size required to have agricultural activity (Le. horses) as a permitted use is five acres on unplatted property. If the property is platted, no matter how large the lot is, agricultural uses require a conditional use. In the other single family residential zones, agricultural uses are only allowed as a conditional use on 10 unplatted acres.