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07-16-97 PCr.` CITY OF OTSEGO PLANNING COMMISSION MEETING OTSEGO CITY HALL JULY 16, 1997 8:00 PM 1. Chair Swenson will call meeting to order: Chair Carl Swenson called the Planning Commission meeting to order at 8:00 PM ROLL CALL: Chair; Carl Swenson, Commission Members; Jim Kolles, Ing Roskaft, Eugene Goenner, Arleen Nagel, Richard Nichols, William Jones, Alternate. Absent, Bruce Rask. Council Representative; Vern Heidner, Staff: Bob Kirmis, City Planner; Carol A. Olson, Secretary Mayor; Larry Fournier, CM Ackerman 2. Consideration of the Planning Commission Minutes of June 18th} 1997 Eugene Goenner - Motion on page 2, Should read - BILL JONES MOTIONED TO AMEND THE MOTION TO ADD THE NINE CONDITIONS FROM NAC's REPORT. EUGENE GOENNER SECONDED THE AMENDMENT. ALL IN FAVOR. AMENDED MOTION CARRIED. RICHARD NICHOLS MOTIONED TO APPROVE THE MINUTES OF JUNE 18, 1997. ING ROSKAFT SECONDED. ALL IN FAVOR. MOTION CARRIED. 2. Consider an Interim Use Permit to allow: A. Horses as an Interim Use in R-2 (Immediate Urban Service Large hot Residential 7.oningl Chair Swenson went over the applicants request and asked the applicant to comment. Valerie Bullock - On page two of NAC's report, under Recommendation: number 2,b. It is better for horses not to have a heated building. Mr. Kirmis - Mark and Valerie Bullock are requesting to keep a horse on 2.5 acre property located north of Co. Rd. 37 (70th St.) and east of Hwy 101. The property is zoned R-2, Residential - Immediate Urban Service (Large Lot) which presently does not allow the keeping of farm animals. To accommodate the request an amendment to the Zoning Ordinance and an interim use permit is necessary. The intent of prohibition of farm animals within residential zoning districts relates to compatibility issues such as value impact, odors, noise and animal confinement. PLANNING COMMISSION MEETING of July 16, 1997 cont'd Page 2 The site is considered unique in that it lies within the "rural service area". The rural area is intended to identify lands where a continuation of agricultural uses is desired. Related issues include value impact, odors, noise, and animal confinement. Mr. Kirmis went on to explain Exhibit A, Draft Amendment, and Exhibits B, C, and D. (see attached) Provided the City approve the ordinance amendment, NAC would recommend approval of the interim use permit subject to five conditions which Mr. Kirmis read. Chair Swenson opened the Hearing to the public. No one wished to be heard. Discussion was brought back to the Planning Commission. Eugene Goenner - I read in the report that if this was brought into the Immediate Urban Service Area, it would be considered an illegal non -conformity. Mr. Kirmis - There are two happenings. One, upon change in the City's zoning regulation which render the use non -conforming not allowing this any more, the permit terminates. Two, the property is included in the Immediate Urban Service Area. Eugene Goenner - wouldn't it already be considered a non -conforming use. Under the Feedlot Ordinance all livestock facilities are considered legal non -conformities. We are talking about putting animals that we are not allowed in the rural areas into an R-2 District, while not allowing A-1 to expand. Opposed to the Zoning Ordinance Amendment, if we are not allowing expansion to new or limiting expansion of existing farms. It doesn't make sense to allow it in a somewhat developed area. (R-2 District) Concern with potential problems, therefor, have problems with this amendment. Richard Nichols - There are a number of lots having horses. There is protection with the Interim Use Permit which provides revocation not a Conditional Use Permit. This is more stringent Page 3, e. The interim use terminate on the happening on any of the following events, (3) The redevelopment of the use and property upon which it is located to a permitted or conditional use allowed in the zoning district. (4) The Comprehensive plan is amended to include the subject property in the immediate urban service area. Such inclusion would establish the site as appropriate for urban development. Mr. Kirmis - Manure setback requirements apply in every area of the city. Density requirements apply here. Feedlot related setbacks are different. Found on page 142, Sec.20-27-4, Zoning General and specific requirements which are included in the report. Carl Swenson - With 2.5 acre as long as there are safe guards it seems appropriate to allow this request. Bill Jones - Isn't it also true that in other communities to be able to have the first horse there is a 10 or 15 acre minimum. Concerned with allowing this and opening more concerns for the future. PLANNING COMMISSION MEETING of July 16, 1997 cont'd Page 3 Chair Swenson directed discussion back to the public. Valerie Bullock - Has dealt with Sherburne Co., Hennepin Co., and Zimmerman, and this is consistent with other areas. I am zoned Residential and have people dumping manure on a consistent basis within 300 feet of my lot line. I could complain about that and I could make them stop, but we live in the country and I think it should be live and let live. There is a commercial horse ranch across the street and I lease 20 acres from Schwabs. Also, If you are going to have horses you will do whatever is necessary to maintain their health. Mr. Kirmis - One point One of the Conditions of allowing this is that the property lie within the Rural Service Area. There are instances of R-2 within RSA, but not many. The city not recommend rezoning any property in the city res. without it being the Immediate Urban Service Area. The Rural service area is intended to be agriculturally zoned land. This would only apply to a few scattered areas. (approximately 3 to 6) Chair Swenson closed the public hearing and brought the discussion back to the Planning Commission. RICHARD NICHOLS MOTIONED TO APPROVE THE ZONING AMENDMENT WHICH WOULD ESTABLISH THE KEEPING OF HORSES AS AN INTERIM USE IN THE CITY'S R-1 AND R-2 ZONING DISTRICTS. SECONDED BY ARLEEN NAGEL. MOTION CARRIED WITH RICHARD NICHOLS, ARLEEN NAGEL, CARL SWENSON, ING ROSKAFT, AND JIM KOLLES VOTING IN FAVOR. EUGENE GOENNER AND BILL JONES OPPOSED. MOTION CARRIED FIVE TO TWO. (5 TO 2) RICHARD NICHOLS MOTIONED TO APPROVE THE INTERIM USE PERMIT TO ALLOW THE KEEPING OF A HORSE UPON THE OWNERS PROPERTY SUBJECT TO THE CONDITIONS OF NAC'S REPORT EXCEPT FOR ITEM B-3 REVISED TO READ "CONTROLLED AS TO VENTILATED AND LIGHTING COMPATIBLE WITH THE HEALTH AND COMFORT OF THE ANIMAL(S)." (Omitting controlled temperature.) ING ROSKAFT SECONDED. Discussion: Bill Jones - If this is approved, how do we set the time period and who sets it. Is the duration the length of the interim use? Is it something we need to incorporate at the time of passage. Mr. Kirmis - Condition E establishes events that would trigger the termination of the Interim use permit. When one of these happens it triggers the event of termination. Bill Jones - liked having the controlled temperature left in under 2.b.3. in the list of the conditions. Chair Swenson asked Commission Member Jones if he was offering that as an amendment. Bill Jones - No PLANNING COMMISSION MEETING of July 16, 1997 cont'd Page 4 Richard Nichols - Don't think it appropriate for large animal livestock temperatures are normally controlled on a farm with ventilation. Problem with leaving it in is how do you define what it is and who determines. Bill Jones - The same way as with ventilation and lighting. At least make that a concern and by removing it from the document we have no control as far as heat. Richard Nichols - The State has laws on how animals have to be kept. Ventilation is the means to controlling temperatures. In my opinion temperature control should be struck. Chair Swenson - It has been my experience that people who own horses are generally very concerned with their well being. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. 4. Any other Planning Commission Business: None 5. Adjourn• ING ROSKAFT MOTIONED TO ADJOURN. ARLEEN NAGEL SECONDED. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. The Planning Commission adjourned at 8:50 PM. J Kolles, Secretary Recorded by: Carol A. Olson