Agenda - Planning Commission - 09/26/2024

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Applicant and Permittee to keep two horses outdoors on the property. The 75-foot setback does not apply to pastures or outdoor roaming areas. Rather, the only setback that does apply to pastures, in some instances, is a 3-foot setback for electric fences from property lines per Section 106-585 of City Code. The Applicant is not intending to use an electric fence. Instead, to ensure the pasture is adequately secured for the keeping of horses, the Applicant has built a wooden fence setback at least 20 feet from the south property line, aligned with the south edge of the existing stable. She has also repaired existing wooden fences along the north and west sides of the pasture, both of which are setback at least 3 feet from the respective property lines. This ensures that the wooden fence could later be reinforced with an electric fence without having to obtain further permission from Planning Commission or Staff. City Code Section 106-220 discusses the practical difficulties that are allowed to be used for justifying variances. Among them, the Applicant has identified the following practical difficulties and associated justifications for the variance: . That the property owner proposes to use the property in a reasonable manner not permitted by the zoning code. The owner requests a variance to be allowed to use the stables and indoor riding arena for his therapy horses. When the owner purchased this property, it was marketed as a hobby farm consisting of a pasture area with two shelters, a stable, and an indoor riding arena. The structure was clearly previously used as a horse stable with an attached riding arena. The structure existed several years before the property was subdivided, causing the need for a variance. There are several similar properties in Ramsey that also have horses and stables. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. The owner purchased the property with the reasonable presumption that it was a hobby farm with stables and an indoor arena. He had no pre-existing knowledge of any nonconformities. The building was built prior to the owner purchasing the property, and no modifications, alterations, or expansions have been made to the building When the property was split by a previous property owner, the new property line was placed 32 feet from the edge of the stable and 21 feet from the edge of the riding arena. • The variance, if granted, will not alter the essential character of the locality. As noted previously, the horses are currently housed in the pasture. The utilization of the stables and indoor arena will not alter the locality. There are several similar properties in Ramsey with horses and stables. Using the existing stable as such will be consistent with the neighborhood's character and history. • Economic considerations alone do not constitute practical difficulties. The owner purchased the property with the understanding that he could keep horses in the stable. It was his sole intent to purchase this property for that use. The owner is a veteran and takes care of his horses as a means of therapy. With the above justifications, the Variance request seems reasonable and would allow the Permittee to use the property to keep horses, as the facilities are clearly designed for horses. Home Occupation Permit The initial application included a request for a Home Occupation Permit for Commercial Dog Boarding under the business name of "Sniffspot". However, as of the time of writing this case, the Applicant has withdrawn that portion of the application after deciding not to pursue the "Sniffspot" business any longer. Additional Considerations This case was initiated by a code enforcement complaint regarding the "Sniffspot" business operating without a Home Occupation Permit. Staff has worked with the Applicant to resolve these issues. In working with the Applicant, it was discovered that the Variance would be needed to keep the horses in the stable. The stable otherwise meets all accessory structure setbacks and could be used in other manners. The stable setback only applies if the building is used for the keeping of horses, which is the Applicant's intent. Alternatives Alternative 1: Approve the Variance to the stable setback. Based on the existing conditions of the property, the design and apparent historical use of the accessory building as a horse stable, and the context of the surrounding neighborhood, this request seems reasonable. Chapter 10 regulations allow horses to be kept outside on the property, with an enclosed roaming area being allowed up to the property line, so using the existing accessory building as a horse stable seems reasonable. Staff supports this alternative.