Minutes - Council - 02/27/2001 - Laserfiche WebLink

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renting four, plus or minus, acres to the Dahlheimers and does not currently own any horses on his ten-acre parcel. In the event Mr. Matuseski chooses to have horses, the number of horses he could have would be based on six acres if he is still leasing four of his ten acres to the Dahlheimers. The leased pasture area is located to the south of the applicant's property. The applicant has stated that there is a fenced path leading from her homestead to the leased pasture area to allow the horses the option to roam between the two properties. The applicant has stated that the manure produced by the horses is dispersed to surrounding neighbors and spread on the subject property. City Code requires barns to be set back a distance of 50 feet from dwellings and 75 feet from property lines. The 2.5-acre parcel contains a 30 foot by 55 foot (1,650 square feet) barn that is located approximately 64 feet from the nearest property line. The applicant also has a round pen area for the horses on the 2.5 acre parcel. The Horse Care Board met on January 17, 2001, to review the request for a conditional use permit for four horses on less than three acres. The Planning Commission met on February 6, 2001, to conduct the required public hearing and consider the request for a conditional use permit. Three letters were submitted at the public hearing expressing concern or opposition to the granting of the permit. The Horse Care Board and the Planning Commission recommended approval of the conditional use permit contingent upon the applicant providing annual verification that four acres are being leased from Mr. Matuseski (the adjacent neighbor) and that if the lease between the Dahlheimers and Mr. Matuseski is terminated, the applicant must remove two horses from the property to comply with City Code restrictions of two horses on 1.5 to three acres with a conditional use permit. The Horse Care Board and the Planning Commission also recommended that the conditional use permit include language to establish that the granting of this permit does not set a precedent in allowing leased land to count as acreage towards the number of permitted horses a property owner can have; rather, this approval is an attempt to gain control of a non-conforming situation that has existed since 1984. As an aside, the Planning Commission asked the Horse Care Board to consider whether or not leased land should be eligible in the formula for determining number of permitted horses. The Horse Care Board met on February 26, 2001, and recommended that language be added to the ordinance to allow leased land to be eligible in determining number of permitted horses. Councilmember Anderson inquired if it would be possible to issue an interim use permit rather than a conditional use permit since a conditional use permit runs with the land. Community Development Director Frolik replied that the problem with an interim use permit is that they a five year time limit. Councilmember Anderson inquired if an interim use permit could be renewed. Community Development Director Frolik explained that if Ms. Dahlheimer loses the lease then she would have to give up two of the horses as part of the terms of the conditional use permit. Councilmember Anderson inquired if the applicant could agree to a time limit or a renewal period. City Council/February 27, 2001 Page 5 of 23