2014.12.15 CC Minutes - Laserfiche WebLink

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Hugo City Council Meeting Minutes for December 15, 2014 Page 9 of 11 Approval of CUP for Additional Animal Units at 17260 Ingersoll Avenue North Cindy Bellamy and Shirley Smith have submitted an application for a Conditional Use Permit (CUP) to allow double the amount of animal units allowed on property. The applicant is requesting to have 14 horses on the property where seven are allowed by ordinance. The ordinance allows double the amount of animal units with a CUP and an approved facilities and waste management plan. At its December 4, 2014 meeting, the Planning Commission held a public hearing and recommended Council approve the CUP application with a vote of 4-2. Two residents spoke in opposition of the issuance of the CUP citing mismanagement of manure, drainage onto other properties, and excessive number of horses. Planner Rachel Juba presented the application to the Council. She explained that this was initially brought to the City's attention as a complaint on the management of the animal waste, drainage onto neighboring property, and the excessive number of horses on the property. Staff inspected the property and found there were violations and provided the applicant with a letter outlining them and requesting compliance. Staff met on site with the property owner on several occasions and made contact with the Minnesota Pollution Control Agency (PCA) to ensure all State regulations in regard to feedlots and manure stockpiling are being met. The applicant has been working with staff and the PCA to correct the violations and to comply with City ordinance and State standards. The PCA has issued the applicant a letter of compliance, and staff is comfortable with the management plan as submitted. Rachel reviewed with Council the criteria for approval of a CUP and stated that the application meets all the requirements. Property owner Cindy Bellamy stated that her horses have been on the property for 18 years, and she thought her property was in compliance. She said she is addressing the manure issue, and she explained that part of it is used for spreading on her property and the rest is taken elsewhere. She said she is now familiar with the rules and has no problem complying. Vince Niemczyk, 17233 Henna Avenue North, stated he has no problem with horses but is concerned about the water in the ditch that runs into Judicial Ditch 2. He also asked if a contractual agreement should be required to spread manure on another's property. June Young, 17396 Ingersoll Avenue North, asked Council to consider six horses on the property. She said she has not seen the manure removed, just moved. Her main concern is manure runoff into the water. Larry Keck, 17376 Ingersoll Avenue North, stated that the culvert is on his property, and if the culvert is moved, runoff will still go onto his land no matter where they put it. He said that no manure has been removed from the property, and that he had a survey showing that wetlands have been filled. He talked about another complaint in 2004 that was resolved by getting grazing rights on other properties. He said he didn't think a CUP was needed to regulate her; she has 9.1 acres and should only have six horse regardless of whether she has the CUP. He also said that she is still regulated as a feedlot, and it is not 100 feet from his wetland, so it is in violation. The Council discussed the wetlands, elevations of the paddocks, lack of complete compliance,