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IT~ NO. 5.3 <br /> <br />r~ity of <br /> <br />vel <br /> <br />FROM: <br /> <br />DATE: <br /> <br />MEMORANDUM <br /> <br />Planning Commission <br />Scott Harlicker, Planning Assistan~ <br /> / <br /> <br />May 28, 1996 <br /> <br />SUBJECT: <br /> <br />Request by Paul and Paula Kowalzek <br />for a Conditional Use Permit, Public <br />Hearing Case No. CU 96-3 <br /> <br />Background <br /> <br />This request was initially for a variance to the 300 foot setback requirement <br />between an agricultural building and adjacent residences and a conditional use <br />permit to allow a horse on a lot less than five acres. These items were first before <br />the Commission on March 26, 1996 and were tabled pending an amendment to <br />the Zoning Ordinance relating to setbacks for agricultural buildings and the <br />requirement that agricultural uses on all platted properW require a conditional <br />use permit. <br /> <br />On May 20, 1996 the City Council approved an amendment that reduces the <br />setback requirement for agricultural buildings and fences and e]imin ated the <br />requirement that agricultural uses on platted property need a conditional use <br />permit. <br /> <br />The amendment affects this application in the following ways: <br /> <br />· The new setback requirement for agricultural buildings is 30 feet from the <br /> property line and 50 feet from the right-of way. Since the proposed building <br /> to shelter the horses is 126.5 feet from the property line and 57 feet from the <br /> right-of-way, the Kowalzek's do not require a variance for the agricultural <br /> building. <br />· The new setback requirement for agricultural fences is five feet from the <br /> property line. The KowMzek's are proposing the fence be setback 10 feet from <br /> the property line so they do not need a variance for the fence. <br />· The keeping of horses on a lot less than five acres in the Rla zone still <br /> requires a conditional use permit. Since the Kowalzek's property is zoned <br /> Rla and is three acres in size, they still require a conditional use permit to <br /> have horses. <br /> <br />13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 <br /> <br /> <br />