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City of Lino Lakes May 11, 2021 Page 2 During this time Applicant had an average of twenty-two (22) and a maximum of twenty-six (26) horses. Applicant has a private riding club with six (6) friends who sometimes bring other riders. Half of the horses are rescue animals and are either too old to ride or have significant health conditions. Horses are kept in stalls but are also allowed out on pasture in the spring, summer, and fall. Horses are allowed to graze the twenty (20)-plus acres during these times. A substantial portion of the horses’ diet is comprised of hay. Manure generated by the animals is composted and used for fertilizer for pasture and hay fields. During the fall manure is removed from the Property by third parties for use off site. Any excess manure is removed from the Property by a dump truck. On July 13, 2018 the City passed Ordinance Number 10-18 (“Stable Ordinance”), establishing City Code of Ordinances (“City Code”) section 1007.058, which created numerous performance standards for Commercial Stables, including capping the maximum number of animals and requiring a conditional use permit (CUP). In response to enforcement letters sent by the City following adoption of the Stable Ordinance, Mr. Stowe applied for a CUP for a commercial stable, which was approved on November 9, 2020 (“2020 CUP”). The 2020 CUP was subject to several conditions that significantly limited the Arena operations. The conditions included a maximum of 12.5-25 animal units with horses each counting as 1 animal unit—for a maximum of 25 horses on the Property. Prior Land Use Approvals On October 14, 1968, the City approved a special use permit (the “SUP”) for the Property to allow for the above-described boarding structure and Arena to be used for horse boarding and horse shows. At the time of approval of the SUP, the City had no limits on the number of animals that could be kept on the Property. The SUP did not place any conditions on the number of horses boarded on the Property. In late 1997, the City granted an amended conditional use permit to permit use of the Property for purposes of a BMX bike racing facility. As referenced above, in November 2020, the City approved Resolution 20-129 for a conditional use permit for the Property authorizing a commercial stable and recreational use.2 The City placed conditions on the property including, but not limited to, (1) maximum of 12.5 animal units allowed on the property without an approved facility management and waste plan; and (2) a maximum of 25 animals are allowed on the site with MPCA approved facility management plan and waste plan. 2 Also, in November 2020, the City approved Resolution No. 20-144 to, among other things, amend Resolution 20-129 to correct a typographical error.