04/12/2010 Council Packet - Laserfiche WebLink

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Use of property: At the Planning and Zoning Board the applicant informed the city that they are operating a riding stable from this location. Previous discussions with the applicant only included `horse training'. This distinction raises an issue with the use of the property. The zoning ordinance includes a use entitled `Keeping of farm animals' and another for `Commercial Stables, Commercial Kennels, and similar uses'. `Keeping of Farm Animals' is allowed as a permitted use, with a limit of one animal unit (equivalent to 1 horse) per two acres of land. In the case of this site, the property owner has just over 8 acres which equates to 4 animal units (4 horses). However, anytime a horse is boarded, or lessons are given, the use has to be considered `Commercial Stables, Commercial Kennels, and Similar Uses', which is only allowed by Conditional Use Permit. The subject site does not have such a CUP, and can not comply with the conditions required by that CUP: 1. The applicable provisions of Chapter 503 are determined to be satisfied. 2. Property shall be in conformance with minimum lot size requirements of the zoning district. 3. Cages, enclosures and housing facilities shall be a minimum of 50 feet from any neighboring habitable dwelling and 100 feet from any property line, or located in the middle of the parcel, whichever is greater. The subject site is under the 10 acres required by the Rural zoning district, and therefore can not be used as a `Commercial Stable, Commercial Kennel, and Similar Use'. The applicant does lease another 17.5 acres of land from a neighbor, but staff's interpretation is that while the leased land may be counted towards the animal unit calculation, it may not be used to satisfy the requirements of the CUP. Accessory structures: The Zoning Ordinance allows properties that consist of more than 5 acres and less than 10 acres in area to have 4,200 square feet of Accessory Structure area. That amount may be spread between up to 3 separate structures so long as one of those structures is attached to the dwelling. The subject site is currently developed with three accessory structures. The details on those structures and the proposed structure are depicted in the following table: Structure Structure Size Structure Type Structure A 400 square feet Attached Garage Structure B 2240 square feet Detached Structure Structure C 1620 square feet Detached Structure Existing Total 4,260 square feet Structure D (Proposed) 3,696 square feet Fabric Structure on Pony Wall Proposed Total 7,956 square feet Only parcels consisting of 20 or more acres are allowed to exceed 5,000 square feet of accessory structures and /or the limit of three accessory structures. • •