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Planning Commission Minutes May 13, 2008 FOLLOWING CONDITIONS: 1. THE PLAT MUST BE RECORDED BEFORE THE CUP IS ISSUED. 2. THREE ACRES OF FENCED IN PASTURE IS REQUIRED TO HAVE THREE HORSES. 3. THE PASTURE FENCE SHALL BE SET BACK 5 FEET FROM THE PROPERTY LINE. 4. THE PASTURE AREA CAN NOT INCLUDE THE SEPTIC DRAIN FIELD AREA. 5. ANY MANURE MANAGEMENT PLAN SHALL BE APPROVED BY THE CITY OF ELK RIVER ENVIRONMENTAL DEPARTMENT AND ANY OTHER REQUIRES REGULATORY AGENCIES. 6. SOME SORT OF SHELTER WITH A ROOF MUST BE PROVIDED FOR THE HORSES AT ALL TIMES. 7. AN INCREASE IN HORSES ABOVE 3, AT ANY TIME WILL REQUIRE A NEW CONDITIONAL USE PERMIT. MOTION CARRIED 5-0. 5.2. Request by City of Elk River for Ordinance Amendment to Prohibit Flag Lots, Public Hearing -Case No. OA 08-04 Ms. Cartney presented the staff report. She noted that the Council had some concerns with the flag lot design approved for an administrative subdivision in February 2008. On March 10, 2008,Council directed staff to prepare an ordinance for review which prohibits flag lots, and implemented a moratorium on flag lots for six months. Staff recommends approval of the ordinance as proposed. Commissioner Lemke asked why the Council wished to prohibit flag lots. Mr. Barnhart explained that property disputes could arise, and the design was not conducive the future infrastructure projects for orderly development of neighborhoods. Commissioner Scott questioned if a property owner could still request a variance for the flag lot design. Mr. Barnhart stated that a variance cannot be granted for a prohibited use. He explained that restricting flag lots can be used as tool to better design future subdivisions. Commissioner Westberg questioned what criteria determine whether a lot is a "flag" lot, and what if flag lot has 2 "flags". Ms. Cartney explained what type of lots the Council is trying to prohibit. Commissioner questioned if the base of the "flag" was wide, would it be prohibited. Ms. Cartney stated that it would not be defined as a flag lot in that case. Mr. Barnhart noted that width of a flag lot at the street is not based on a number, but rather, they would look at how the properties would likely develop in the future. Chair Westgaard opened the public hearing. There being no public comment, Chair Westgaard closed the public hearing. MOTION BY COMMISSIONER AUSTAD AND SECONDED BY COMMISSSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT TO PROHIBIT FLAG LOTS, CASE NO. OA 08-04. MOTION CARRIED 5-0. Page 2