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contiguous parcels that may all be used in the horse operation. Finally, the Property is unique because the Applicant bought the Property in the good faith belief that it could be used for purposes of horse boarding and showing, per the 1968 SUP, which has never been terminated. Staff Comment.• Both the 1968 special use permit and 1997 conditional use permit have expired because the uses have ceased for more than one (1)year (City Zoning Ordinance Section 1007.016(2)(k) related to Conditional Use Permits). 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. 5. The variance shall not alter the essential character of the locality. Permitting fifty animal units on the Property will not alter the essential character of the locality. The City has recently granted a CUP for the Property allowing for twenty-five (25)horses. For over fifty(50) years the essential character of the structures on the Property has been for horse-related uses. The incremental increase in horses will be consistent with this character. 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. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. The variance being sought does not change the Property's use. The use of the Property is already the operation of a horse stable. Storing animals is a permitted use in the rural district under the zoning code. City Code § 1007.080(5)(f). 7. In accordance with MN Stat. 462.357, Subp. 6,variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14,when in harmony with the zoning ordinance. This requirement is not implicated by the Application. PLANNING& ZONING BOARD INPUT 1. The approved 2020 CUP allows for 6 portable animal shelters with a combined total of 1,200 s£ The property owner currently has 8,000 sf. Should the CUP and/or variance allow for more portable animal shelters? RECOMMENDATION Staff offers the following conditions for the Planning & Zoning Boards consideration: 15