06/09/2021 P&Z Packet - Laserfiche WebLink

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The variance request is consistent with the City's 2040 Comprehensive Plan("Comp Plan"). Relevant land use goals and policies under the Comp Plan include: a. Goal 7: Sustain Lino Lakes' natural resources which make it such a desirable place to live a. Policy(a): Protect and preserve the natural resources throughout the city. See Comp. Plan Chapter 3, Goals and Policies. Applicant proposes to continue using the Property in a manner that will protect and maintain the natural resources on the site, including its natural wetlands and grasses. Horses will graze the grass and waste generated by the horses will be used as fertilizer. Excess waste, if any, will be removed off site. Horses that may not be desirable to others will be taken of, cared for, well fed, and regularly exercised. Staff Comment: Per the University of Minnesota Extension-Horse website, manure should not be spread on pastures with more than 1 horse per 2 acres. The property owner shall also comply with Rice Creek Watershed District (RCWD) regulations per their March 25, 2021 letter regarding current wetland and floodplain violations. 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. The City approved the Property's use for boarding and showing horses over fifty years ago. Applicant proposes to use the Arena and boarding structure for the express purposes for which they were approved, constructed, and operated for several decades. The boarding structure alone provides sufficient space to house over fifty(50) horses. Without the additional horses, a large portion of the Arena will go unused. Half the horses that will be maintained on the Property are elderly or ill. These horses require less exercise and a smaller area for exercise. The Arena provides adequate space for these horses. Storing fifty animal units on the Property is a reasonable use of the Property that is not otherwise allowed. Staff Comment:From 1968 to the 1990's, the riding stable and arena were used for horse shows and horse boarding. From the 1990's to approximately 2010, the arena was used as a BMX track/arena. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The Property is unique because, for over 50 years, it has retained structures erected for the specific purpose of boarding and showing horses. A prior landowner maintained at least 100 horses on the Property. The Property is also unique in that the City previously granted Applicant's predecessor in title a conditional use permit allowing an unlimited number of horses. Furthermore, the Property is unique in that the landowner owns three 14