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