2015.01.22 PC Packet - Laserfiche WebLink

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Shirley Smith, 17260 Ingersoll Ave N, asked if yearly inspections by the City and MPCA were indefinite. Juba answered stating that the yearly inspections will be indefinite until the conditional use permit is revoked or amended. Lawrence Keck, 17376 Ingersoll Ave N, displayed a survey map of the applicant's property from 1994, pointing out a differing legal description and acreage. Chairmen Gwynn clarified that Staff's opinion is that the applicant's property is 10 acres and that the Planning Commission has no power in discrepancies of legal descriptions or property lines. Keck reiterated that the property should be viewed at 9.1 acres and therefore only six horses should be allowed on the property. Keck referenced a letter that a neighboring property owner wrote to the Commission requesting denial of the proposed conditional use permit. Keck referenced complaints taken in 2004 regarding the applicant's property. Keck referenced the University of Minnesota's Extension Office feedlot guidelines. He stated that according to the MPCA and Minnesota Department of Agriculture the property is in the protected shoreland area due to its proximity to the creek south of the property. Drainage from the property is within 300 feet of water. He states that the Hugo city ordinance does not allow a feedlot within 100 feet of a wetland. He claims there is a wetland on his property within 100 feet of the feedlot. He stated that one horse accumulates 864 pounds of waste per year. He stated that the waste management plan the applicant submitted is not in compliance with state regulations, as stockpiles are within 300 feet of flow distance of a DNR wetland. He stated that a wetland on the applicant's property has been filled. He stated that there could be 1 million pounds of manure on the applicant's property over the next ten years if the applicant is allowed to have 14 horses and he has concerns it will drain on to his property. He stated concerns on the placement of the culvert that is to be relocated, believing it will be drain into the wetland located west of the paddock areas. He stated concerns with the land only having 2.5 acres of usable land to spread the horse waste. He stated that the City has five pages of ordinances that deal with dogs and very Iittle ordinances that deal with horses. He stated that the applicant's maintenance of the property has become a public nuisance and that it has degraded the value of his property. He stated the applicant has not been in compliance with feedlot regulations and won't be in the future. He requests the applicant be allowed six horses. He stated he has a video of manure being illegally spread in the wetlands. He asked the Planning Commission to deny the conditional use permit for the property located on 17260 Ingersoll Ave. June Young, 17396 Ingersoll Ave N, requests the denial of the conditional use permit for the property located on 17260 Ingersoll Ave. She stated she owned the property before it was sold to Cindy Bellamy. Commissioner Knauss asked June Young if the feedlot paddocks existed before the property was sold to Cindy Bellamy. June Young said no. Cindy Bellamy was allowed to respond. She stated the manure runoff Keck referred to has a high decomposition rate so 1 million pounds of animal waste over the next ten years is unrealistic. She stated that only in extreme conditions does any waste drain onto the neighboring properties and the MPCA has visited the site and approved the location where the culvert is to be relocated. Chairman Gwynn closed the public hearing. Commissioner Knauss asked the applicant why she needs to maintain 14 horses. Bellamy, the