08-09-2021 Council Packet - Laserfiche WebLink

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7 Staff recommends voiding these two 2020 resolutions and creating a new conditional use permit resolution to avoid confusion and provide clarity. New conditions of the CUP are listed in Resolution No. 21-67. • Resolution No. 20-130 Approving Conditional Use Permit Termination Agreement for 426 Pine Street This resolution required the property owner to sign a Conditional Use Permit Termination Agreement acknowledging the 1968 Special Use Permit and 1997 Conditional Use Permit are void. This agreement is no longer required since the SUP and CUP have expired as previously explained. Variance Request Per the Applicant’s Narrative Letter, the property owner is seeking the following City approval: 1. Variance from Animal Unit Restriction. Applicant is seeking a variance from the Stable Ordinance’s animal unit restrictions and the cap of 25 animal units. Applicant is requesting fifty (50) animal units to be kept on the Property. The property owner’s Findings of Fact are stated in their Mary 11, 2021 land use application (Attachment #5). Staff Comments Staff has 3 main areas of concern. • Wetlands and Floodplain There are approximately 12 acres of wetlands and 22 acres of floodplain on the 25 acre Subject Site. This limits the amount of upland area to operate a commercial stable, pasture farm animals and properly manage manure waste. Including, but not limited to, Minnesota Pollution Control Agency (MPCA) guidelines state for manure application, a minimum setback of 300 feet from protected wetlands is required. A 50 foot non-manured vegetated buffer can be used in place of the 300 foot setback during non-winter months. MN State Rule 7020.2005 Subpart 1. states a “…manure storage area must not be constructed within a floodplain…”. Manure bins and/or manure storage shall be located outside the floodplain. • Animal Health Given the limited amount of upland area, staff has concerns regarding the amount of pasture the animals have. Per the University of Minnesota Extension-Horse website, 2 acres of pasture are required for each horse and manure should not be spread on pastures with more than 1 horse per 2 acres.