Agenda - Council - 04/10/2001 - Laserfiche WebLink

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renting four, plus or minus, acres to the Dahlheimers and does not currently own any ho~$~:?~n h~s ten acre parcel. In the event Mr. Matusesld chooses to have horses, the number oLhorg~s could have would be based on six acres if he is still leasing four of his ten to the Dahlheimers. The leased pasture area is located to the south of the apl; /. The applicant has stated that there is a fenced path leading from her homestead ~sture I to allow the horses the to between the two area option roam properties. that the manure produced by the horses is dispersed to surrounding spread subject property. City Code requires barns to be set back a 1 I and 75 feet from property lines. The 2.5 acre parcel contains a ~1,650 square feet) barn that is located approximately 64 feet from the The applicant also has a round pen area for the horses on the 2.5 acre parcel, met on January 17, 2001 to review the request for a conditional use four. on less than three acres. The Planning Commission met on Febraa~, ,01, to co ~e required public · hearing and consider the request for a conditional as6!i }5:T ree le E~e submitted at the ~ pubhc heanng expressing concern or oppos~tmn to the fi:~i ;~f~! :: The Horse Care Board and the Planning Commission recommended >v~ ~ conditional use permit I contingent upon the applicant providing annual verification that f~i:~:,es are b$~g leased from il Mr. Matuseski (the adjacent neighbor}and that if the lease bemee~:;~D ers and Mr. Matusesk~ ~s terminated, the apphcant ram~l*e~?ve two horses fi-om the p to comply w~th I C~ty Code restrictions of two horse~'ii~n 1.5,~l~k~'~,~ee acres w~th a conditional use permit. The · Horse Care Board and the Pla~':~g'XCbmmissi6h:~,a~!:?m~emmended t,t~'at the cond~tmnal use _ permit include language to es'¢¢iish th'~j~e grant es not set a precedent in ~ allowing leased land to count as acrea~"i:towards~"numb~)bennitted horses a property owner can have; rather, th~s approval ~s an:atte~p~:!o gmn coh~62 of a non-conforming s~tuat~on ~ that has existed si!)~e 1~8.4,: As an aside tti,e.:,~[~ng Comrmss~on asked the Horse Care Board · to consider whetller~;°r not leased land shoul~(~p eligible in the formula, for determining number of perm~tted'h~rses. The Hpr~e Care Board :~e! 9~ !Eebruary 26, 2001 and recommended that ~ language be added to the ordinance to allow le~cl tand to be ehgnble m determ~mng number of · Councilmemb'er:~ef~6n"ihquii;eai~i~¢::~6Uid be possible to issue an :interim use permit rather I than a condition~l!.Uie~,~rmit since a C;~dlk~ional use permit runs with the land. /:,{;i~?)":"~unity Developmdh(i!Dire, c'~br Frolik replied that the problem with. an interim use permit is ffi ?!!!i?~:' that they h tike year time'iinsit?;';'~ I ¢;:~:' Councilmember Andersofi:inquired if an interim use permit could be renewed. Community ,D.¢.¥elopment Director Frolik explained that if Ms. Dahlheimer looses the lea~s.e_.d :~ii?i?':':.~thenl she world have to give up two of the horses as part of the terms of the conditional use Councilrnember Anderson inquired if the applicant could agree to a time limit or a renewal pefi6d.'' City Council/February 27, 2001 Page 5 of 22 -55-