Loading...
HomeMy WebLinkAbout2021-068 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 21-68 RESOLUTION DENYING A VARIANCE TO DOUBLE THE NUMBER OF ALLOWED ANIMAL UNITS AT 426 PINE STREET WHEREAS, the City received a land use application for a variance to double the number of allowed animal units from 25.0 to 50.0 related to the commercial stables located at 426 Pine Street and related parcels; and WHEREAS, the June 9, 2021 Planning & Zoning Staff Report and the July 12, 2021 City Council Staff Report provide supporting narrative and documentation to the land use application; and WHEREAS,the "Subject Site" consists of three (3) parcels (PID #05-31-22-22-0006, #05-31-22-22-0003 and #05-31-22-22-0005); and WHEREAS,the "Property" consists of two (2) parcels (PID #05-31-22-22-0003 and PID #05-31-22-22-0005); and WHEREAS, in 1968, the City Council approved a special use permit for riding stable/show arena on the Property and in 1997, Council approved a conditional use permit for BMX Track/Arena; and WHEREAS, both the 1968 special use permit and 1997 conditional use permit rights are lost and expired because the uses have discontinued for more than one (1) year. This is supported by State Statute 462.357, subd. l(e), Nonconformities, City Code Section 1007.041,Non-Conforming Uses and Structures and City Code Section 1007.016(2)(k), Conditional Use Permits; and WHEREAS, the Property is zoned R, Rural and allows for commercial stables with a conditional use permit per City Ordinance Section 1007.080(7)(1); and WHEREAS, Council Resolution No. 21-67 approved a conditional use permit (CUP) for commercial stables on the Property; and WHEREAS, per Resolution No. 21-67, a maximum of 12.5 animal units are allowed on the Property without an approved facility management and waste handling plan; and WHEREAS, Resolution No. 21-67 doubled the number of allowed animal units from 12.5 to 25.0 on the Property with an approved facility management and waste handling plan; and WHEREAS,the variance request is to again double the number of allowed animal units from 25.0 to 50.0 on the Property; and 1 WHEREAS, the legal description of the Property and Subject Site parcels are as follows: PID# 05-31-22-22-0003: E 400 FT OF N 650 FT OF W3/4 OF NWI/4 OF NWI/4 OF SEC 5 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC PID # 05-31-22-22-0005: THE W3/4 OF NWI/4 OF NWI/4 OF SEC 5 TWP 31 RGE 22, EX E 400 FT OF N 650 FT THEREOF, ALSO EX THAT PRT OF SD W3/4 DESC AS FOL: BEG AT A PT ON W LINE OF SD W3/4 800 FT S OF NW COR THEREOF, TH S ALG SD W LINE 208 FT, TH E 208 FT, TH N 208 FT, TH W 208 FT TO POB, ALSO EX N 375 FT OF SD W3/4, EX RD, SUBJ TO EASE OF REC; and PID #05-31-22-22-0006: N 375 FT OF W3/4 OF NWI/4 OF NWI/4 OF SEC 5 TWP 31 RGE 22, EX E 400 FT THEREOF, EX RDS, SUBJ TO EASE OF REC WHEREAS,the Planning & Zoning Board reviewed the variance application on June 9, 2021 and recommended denial with a 3-1 vote and 1 abstention. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The variance to double the number of animal units is not in harmony with the general purposes and intent of the ordinance. Per City Zoning Ordinance Section 1007.040 General Provisions, the general purpose and intent of the General Provisions is to assure compatibility of uses'to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. Per City Zoning Ordinance Section 1007.058 Commercial Stables (1) Purpose: The purpose of this section is to provide performance standards for the operation of n commercial stables. 2 Per Resolution No. 21-67 approving a conditional use permit for the Commercial ^ Stables, a maximum of 12.5 animal units are allowed on the Subject Site without an approved facility management and waste handling plan. The CUP also allows the number of animal units to be doubled to a maximum of twenty-five (25.0) on the Subject Site with an approved facility management and waste handling plan. The variance request to double the number of animal units again from 25.0 to 50.0 does not enhance the health, safety and general welfare of the residents of the community due to the following issues: 0 Wetlands and Floodplain There are approximately 12 acres of wetlands and 22 acres 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 so it does not drain into ditches and wetlands. Including but not limited to, Minnesota Pollution Control Agency (MPCA) guidelines state that 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 that a "...manure storage area must not be constructed within a floodplain... ". Manure bins and/or manure storage shall be located outside the joodplain. • Animal Health Given the limited amount of upland area, there are issues regarding the amount of pasture the animals have for grazing and manure management. 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. 0 Facility Management and Waste Handling Plan Per the University of Minnesota Extension-Horse website, the average 1,000 pound horse produces 56 pounds of manure per day. This equates 2,800 pounds of manure per day for 50 horses. Due to the large volume of manure produced by 25-50 horses and the limited storage capacity on site due to wetlands and floodplain, the applicant is proposing to haul excess manure off-site with a dump truck which creates excessive noise and traffic. 2. The variance shall be consistent with the comprehensive plan. The variance is not consistent with the following City's 2040 Comprehensive Plans goals and policies due to wetland,floodplain, animal health and manure management issues: 3 • Chapter 3: Land Use Goal 7: Sustain Lino Lakes'natural resources which make it such a desirable place to live a. Policy (a): Protect and preserve the natural resources throughout the city. • Chapter 7: Local Water Management Plan Executive Summary Goals of the City's Local Water Management Plan include but are not limited to: Goal 2.1 Protect and improve water quality and the scenic and ecologic values of City lakes, wetlands and other aquatic assets. Goal 3 Maintain and enhance, where possible, the functions and services of existing wetlands and associated habitats with the City. Goal 4.1 Provide adequate storage and conveyance of runoff to protect the public safety and minimize property damage. Goal 7.1 Identify,protect and preserve the desirable natural areas and ecological and aquatic resources of the community. • Chapter 10: Parks, Greenways & Trails Goal 4: Identify,protect and preserve the desirable natural areas and ecological and aquatic resources of the community. 3. There shall be practical difficulties in complying with the ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The applicant failed to demonstrate practical difficulties. There are no practical difficulties in complying with the Commercial Stable Ordinance 1007.058. Council Resolution No. 21-67 approved a conditional use permit stating a maximum of 12.5 animal units are allowed on the Subject Site without an approved facility management and waste handling plan and a maximum of twenty-five (25.0) animal units are allowed on the Subject Site with an approved facility management and waste handling plan. If the property owner/applicant cannot comply with the 12.5 or 25 animal unit requirement, they would not be able to comply with the 50 animal unit conditions. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. n 4 The plight of the landowner is not due to circumstances unique to the property. The property is not unique when compared to other similar sized rural properties with similar uses and large accessory structures. The landowner is allowed to operate a commercial stable in accordance to Resolution No. 21-67. The landowner purchased the property under the false assumption they could have an unlimited number of animal units. 5. The variance shall not alter the essential character of the locality. The variance will alter the essential character of the locality which is a single family home, riding stable and arena in a rural residential neighborhood. The number of allowed animal units has already been doubled from 12.5 to 25.0 with the approved conditional use permit. The magnitude of quadrupling the number of animal units from 12.5 to 50 alters the essential character of the locality. 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 will not be granted for any use that is not allowed under the ordinance for property in the zoning district. The property is zoned R, Rural and commercial stable is allowed with an approved conditional use permit. 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. Not applicable. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby denies the variance request to double the number of allowed animal units from 25.0 to 50.0 on the Property. Adopted by the Council of the City of Lino Lakes this 9th day of August, 2021. The motion for the adoption of the foregoing resolution was introduced by Councilmember Stoesz and was duly seconded by Councilmember Cavegn and upon vote being taken thereon,the following voted in favor thereof: Cavegn, Stoesz, Ruhland, Lyden, Rafferty The following voted against same:None Ro Rafferty, Mayor ATTEST: '� Julian Bartell, City Jerk 5