PUBLIC HEARING:  Consider Request for Conditional Use Permit to Maintain Two Horses on 2.50 Acres Located at 8010 176th Ln NW; Case of Linda Eidem

The City has received a request for a Conditional Use Permit to maintain two (2) horses at 8010 176th Ln NW. The Property is approximately 2.50 acres and is owned by Linda M Eidem and Scott A Boline.

City Code Section 10-24 allows horses to be maintained on parcels between 1.50 acres and 2.99 acres in size as a conditional use. As long as the Owner can abide by the terms of the ordinance and Conditional Use Permit, the City may grant approval as requested. The request would be consistent with uses allowed by City Code.

Staff attempted to notify all Property Owners within 350 feet of the Public Hearing. A Public Notice will be advertised in the Official City Newsletter.

The Applicant has provided the City with background and sketch plan of the proposed use. The Applicant has provided a majority of the required detail as requested by Staff. Prior to consideration for approval by the City Council, the Applicant shall provide the City with a revised Sketch Plan that adds the following details required by City Code to the plan sheet (note: most of these details were already provided on the plan sheet or under separate cover):

1. Name and Address of Owner
2. Legal Description of Property (Lot 6, Block 4, DEERWOOD)
3. Number of Horses
4. Location of all buildings
5. Location of fenced area
6. Location and distance of structures on adjoining lots
7. Area for manure storage and disposal

The Sketch indicates a lean-to structure. Evidence of this structure is verified by aerial photography. Staff has not been able to determine if a permit was necessary or secured for construction of this structure. The Applicant should provide evidence of past approval, or measurements indicating that the structure is less than 120 square feet. Based on the assumed age of the structure, if the structure is less than 120 square feet, a Zoning Permit was not likely required at the time of construction.

The use came to the City's attention through a City Code Violation Complaint. The Applicant is currently maintaining horses on the Property without the necessary Conditional Use Permit. With the proper CUP approval, Staff does not object to the proposed use, nor see a reason to deny the request. There is one (1) known objection to the proposed use, which concern may be mitigated with the proper approval. The Applicant submitted a number of letters of support.

Alternatives:

Alternative #1. Approve the request as presented. This is Staff's preferred option. A Conditional Use is essentially a Permitted Use if the Applicant is able to prove the proposed use is compatible with the surrounding area and is able to be sustained on the Property. The Conditional Use Permit process allows the City to impose reasonable conditions to mitigate potential concerns with the use. This process provides a tool for the City to allow a use that may not be able to be approved administratively without the ability to review on a case-by-case basis for site specific conditions. The Conditional Use Permit also provides the City a greater degree of enforcement.

Alternative #2. Approve the request with amendments. The Planning Commission does have the ability to attach additional reasonable conditions to the request if specific concerns are raised. In this instance, Staff does not believe additional requirements are necessary above what is already included in the draft permit.

Alternative #3. Deny the request. Staff does not recommend this option at this time. Staff has not observed conditions that would prevent the Applicant from complying with regulations once a permit is issued. Staff does not believe there is just cause at this time to deny the request.

All costs associated with processing the Application are the responsibility of the Applicant.

Staff recommends approval of the request.

Motion to recommend that the City Council adopt Resolution #13-06-087 adopting Findings of Fact #0912 related to the request for a Conditional Use Permit.

-AND-

Motion to recommend that the City Council adopt Resolution #13-06-088 granting approval of the Conditional Use Permit to Linda Eidem.

-OR-

Motion to recommend that the City Council deny the request for a Conditional Use Permit, based on Findings of Fact #0912.