08-23-2021 Council Packet - Laserfiche WebLink

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COUNCIL MINUTES DRAFT 4 - Planning and Zoning Board unanimous approval; 120 - Requested council action. 121 Councilmember Cavegn moved to approve Resolution No. 21-75 as presented. Councilmember 122 Stoesz seconded the motion. Motion carried on a voice vote. 123 Councilmember Cavegn moved to approve Resolution No. 21-76 as presented. Councilmember 124 Stoesz seconded the motion. Motion carried on a voice vote. 125 6C) 426 Pine Street: i. Consider Resolution No. 21-67 Approving a Conditional Use Permit 126 for Commercial Stables; ii. Consider Resolution No. 21-68, Denying a Variance to Double the 127 Number of Allowed Animal Units- City Planner Larsen reviewed a PowerPoint presentation that 128 included information on the following: 129 - 416 Pine Street, request is for a conditional use for existing commercial stable and variance 130 to increase the number of horses allowed; 131 - Review of previous council presentations including historical information on CUP, wetland 132 information; 133 - Site Location and Aerial Map; 134 - Previous council actions going back to 1998, including opinion that CUP rights were lost 135 when use changed; 136 - Review of farm animal regulations; 137 - Size of parcel (25 acres in total) and animals allowed; 138 - Main areas of concern (wetland, animal health, facility management); 139 - Waste management plan and concerns; 140 - Conditional use recommendations (start fresh); 141 - Variance required to move past 25 animal units; 142 - Planning and Zoning Board recommendation (affirmative on CUP and denial of variance); 143 - Findings of fact; 144 - Council action consideration. 145 Mayor Rafferty noted that all members of the council have had the opportunity to visit the property 146 and he has also visited another horse ranch. He looked at other communities as well and he sees 147 guidelines in place similar to the City. 148 Jacob Steen, Larken Hoffman Attorneys, representing property owner Mr. Stowe, concurred that 149 they are seeking a CUP and variance for up to 50 animals on the property. As the council knows, 150 the property is large with large buildings and 25 acres of pasture. Mr. Stowe runs an efficient 151 operation. Many of the horses are geriatric and rescued and are cared for by volunteers; that typeof 152 horse generally doesn’t need as much pasture land. Mr. Stowe has jumped through every hoop 153 presented by the City yet here they are again facing a denial recommendation from the City for just 154 50 animals, less that the land will accommodate. He noted continuing issues surrounding the 155 conditions included by staff (non-conforming rights noted, Rice Creek Watershed District, annual 156 inspection requirement, hours of operation that don’t relate to use or other operations in the City). If 157 the City isn’t able to remove the conditions of concern then it would be their intent to withdraw the 158 application for the CUP. In regard to the variance, they believe they meet state law and city code in 159