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ITEM NO. 5.3 ity of MEMORANDUM Ilk/ 1iver10: Planning Commission FROM: -Scott Harlicker, Planning Assistant` DATE: May 28, 1996 SUBJECT: Request by Paul and Paula Kowalzek for a Conditional Use Permit, Public Hearing Case No. CU 96-3 Background This request was initially for a variance to the 300 foot setback requirement between an agricultural building and adjacent residences and a conditional use permit to allow a horse on a lot less than five acres. These items were first before the Commission on March 26, 1996 and were tabled pending an amendment to the Zoning Ordinance relating to setbacks for agricultural buildings and the requirement that agricultural uses on all platted property require a conditional use permit. • On May 20, 1996 the City Council approved an amendment that reduces the setback requirement for agricultural buildings and fences and eliminated the requirement that agricultural uses on platted property need a conditional use permit. The amendment affects this application in the following ways: • The new setback requirement for agricultural buildings is 30 feet from the property line and 50 feet from the right-of way. Since the proposed building to shelter the horses is 126.5 feet from the property line and 57 feet from the right-of-way, the Kowalzek's do not require a variance for the agricultural building. • The new setback requirement for agricultural fences is five feet from the property line. The Kowalzek's are proposing the fence be setback 10 feet from the property line so they do not need a variance for the fence. • The keeping of horses on a lot less than five acres in the Ria zone still requires a conditional use permit. Since the Kowalzek's property is zoned Ria and is three acres in size, they still require a conditional use permit to have horses. 1111 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425