HomeMy WebLinkAboutItem 08December 3, 2010 Item No.
DECEMBER 6, 2010 CITY COUNCIL MEETING
JOHNSON CONDITIONAL USE PERMIT
Proposed Action
Staff recommends adoption of the following motion: Move to approve a conditional use permit for: 1) A
commercial horse stable in the RA District; 2) More than one horse per acre on an approximately 10 acre
lot, 3) More than one detached accessory building with a combined area greater than 8,712 square feet in
the RA District, and adopt the findings of fact dated December 6, 2010.
Overview
Tove Johnson has submitted an application for a conditional use permit to allow the operation of a
commercial horse boarding stable for up to 40 horses. The property is 9.66 acres in the RA, Rural
Agricultural District and located at 8229 — 190th Street. The property is owned by Bjorn and Jennifer Vogen.
Bjorn Vogen is the brother of the applicant, Tove Johnson. The property currently consists of an existing
single family home and several accessory buildings. A new 9,120 square foot pole -type horse barn is
proposed in conjunction with the horse stable. Indoor and outdoor riding areas, open pasture areas and
three -sided horse shelters in the pastures are included on the north and south sides of the property.
The Planning Commission held a public hearing on the conditional use permit at their November 18, 2010
meeting and recommended approval on a 3 -1 vote. There was public comment at the public hearing from
one person. The Planning Commission amended Stipulations 5 and 10 from the November 10, 2010
planning report concerning manure hauling and removal of an existing semi - trailer.
Since the public hearing, the following stipulations or parts of stipulations have been addressed:
Stipulation 10 — Staff has confirmed that the fire truck has been removed from the property.
Stipulation 12 — A copy of the signed and recorded shared driveway easement has been submitted.
Ms. Johnson has also submitted a request to have two additional horse loafing sheds in the two rear pasture
areas. The loafing sheds are movable and are 10' x 12' and 10' x 20" in size. The sheds will not be visible
from the street. Also, the neighbor that spoke at the public hearing has submitted an email stating that she
no longer has concerns regarding the conditional use permit as proposed. A copy of her emails is attached.
Primary Issues to Consider (see following page)
• Is the proposed commercial horse boarding and riding stable consistent with uses in the RA District and on
surrounding properties?
Supporting Information
• Conditional Use Permit form.
• Findings of fact.
• November 18, 2010 Planning Commission draft meeting minutes.
• Emails from neighbor Sherry Hauck.
• November 10, 2010 planning report.
Frank Dempsey, AICP,'Associtlte Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinances and Comprehensive Plan;
Notes:
Staff Analysis of Issues
• Is the proposed commercial horse boarding and riding stable consistent with uses in the RA District and
on surrounding properties.
The City Council has approved similar horse boarding and riding facilities by conditional use
permit in the RA District including Golden Ridge Stables located immediately adjacent to the west
(8315 - 190`" Street) on a 10 acre parcel and Jensen Stables located at 19650 Judicial Road on a
40 acre parcel.
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 10-
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville hereby grants a conditional use permit to Tove Johnson to allow the following
on property located at 8229 — 190 Street:
a) A commercial horse stable in the RA District.
b) More than one horse per acre on an approximately 10 acre lot.
c) More than one detached accessory building with a combined area greater than
8,712 square feet in the RA District.
2. Property. The permit is for the following described property in the City of
Lakeville, Dakota County, Minnesota:
The West Quarter of the Southeast Quarter of the Southwest Quarter of Section 16,
Township 114, Range 21, Dakota County, Minnesota, Except that part described as follows:
Commencing at the southwest corner of the above described parcel; thence
North, assumed bearing, along the west line of said parcel a distance of 458.00
feet to the point of beginning; thence North a distance of 195.00 feet; thence
East a distance of 45.00 feet; thence South a distance of 195.0 feet; thence
West a distance of 45.00 feet to the point of beginning.
3. Conditions. This conditional use permit is issued subject to the following
conditions:
a) A maximum of 40 horses shall be permitted on the property at any time.
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b) The proposed horse barn shall be constructed consistent with the approved plans
and shall meet the height and setback requirements of the Zoning Ordinance.
The proposed horse barn shall be constructed in the location identified on the
revised certificate of survey dated November 9, 2010 prepared by Jacobson
Engineers and Surveyors.
c) The proposed horse barn shall be constructed to be compatible with the other
buildings on the property, shall be maintained in a manner that is compatible
with adjacent residential uses, and shall not present a hazard to the public
health, safety and general welfare.
d) Pasture management, manure stockpiling, disposal and insect control shall be to
best management practices as recommended by the University of Minnesota
Agricultural Extension Service and shall meet all state and county requirements.
e) Hauling of manure by a certified hauler shall occur weekly during the Spring and
Summer months when manure cannot be spread on adjacent fields.
All new electric services shall be placed underground.
The handicap accessible satellite toilet shall be kept inside the horse barn as
identified on the plans submitted with the application. The satellite toilet shall be
maintained and serviced regularly.
h) A building permit is required prior to the construction of any building on the
property. Any future accessory buildings on the property other than those
approved with this conditional use permit will require a conditional use permit
amendment and building permit from the City.
i) A sign permit is required prior to the installation of any signs on the property.
j) The existing semi - trailer shall be removed from the property within 30 days
following the issuance of a certificate of occupancy for the propose pole barn.
Licensed or unlicensed semi - trailers shall not be permitted on the property other
than for delivery of materials used for operation of the horse boarding activity.
Semi - trailers on the property shall not be used for the storage of feed, bedding
or other materials.
f)
g)
k) Any horse feed or bedding material requiring shelter shall be stored in a building.
I) The property or accessory buildings shall not be used for the operation of any
commercial business, business storage or parking of commercial vehicles or
equipment other than those strictly required for operating the horse boarding
facility.
m) The existing house shall only be occupied by a single family and in compliance
with the Zoning Ordinance.
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n) There shall be no overnight camping allowed on the property, in the barns or any
other accessory building on the property.
o) Guest vehicles associated with the commercial stable are not permitted to park
on any public street while occupying the subject property.
4. Termination of Permit. The City may revoke the permit following a public hearing
for violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the allowed use has not
been completed or the use commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
STATE OF MINNESOTA )
COUNTY OF DAKOTA )
(
The foregoing instrument was acknowledged before me this day of
2010, by Holly Dahl, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to
authority granted by its City Council.
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
3
DATED: December 6, 2010
CITY OF LAKEVILLE
BY:
Holly Dahl, Mayor
BY:
Charlene Friedges, City Clerk
Notary Public
(SEAL)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
JOHNSON CONDITIONAL USE PERMIT
FINDINGS OF FACT
On November 18, 2010 the Lakeville Planning Commission met at its regularly
scheduled meeting to consider a conditional use permit for Tove Johnson to allow:
1. A commercial horse stable in the RA District.
2. More than one horse per acre on an approximately 10 acre lot.
3. More than one detached accessory building with a combined area greater
than 8,712 square feet in the RA District.
The property is located at 8829 — 190 Street. The Planning Commission
conducted a public hearing on the proposed conditional use permit preceded by
published and mailed notice. The applicant was present and the Planning
Commission heard testimony from all interested persons wishing to speak. The
City Council hereby adopts the following:
1. The property is currently zoned RA, Rural /Agricultural District.
2. The property is located in Planning District No. 12 of the 2008 Comprehensive
Plan, which guides the property for rural, residential agricultural and hobby
farm land uses. The property is also located in the Urban Reserve area of the
staged MUSA Expansion Areas component of the Comprehensive Plan.
3. The legal description of the property is:
FINDINGS OF FACT
The West Quarter of the Southeast Quarter of the Southwest Quarter of Section 16,
Township 114, Range 21, Dakota County, Minnesota, Except that part described as
follows:
Commencing at the southwest corner of the above described parcel;
thence North, assumed bearing, along the west line of said parcel a
distance of 458.00 feet to the point of beginning; thence North a distance
of 195.00 feet; thence East a distance of 45.00 feet; thence South a
distance of 195.0 feet; thence West a distance of 45.00 feet to the point
of beginning.
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4. Section 11 -4 -3E of the City of Lakeville Zoning Ordinance provides that a
conditional use permit may not be issued unless certain criteria and satisfied.
The criteria and our findings regarding them are:
a. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with
the official City Comprehensive Plan.
The commercial horse boarding facility is consistent with the rural residential
and agricultural uses identified for Planning District 12 of the Comprehensive
Plan.
b. The proposed use is or will be compatible with present and future
land uses of the area
Provided compliance with the conditional use permit, the commercial horse
boarding facility will be compatible with existing and future land uses in the
area.
c. The proposed use conforms with all performance standards
contained in the Zoning Ordinance.
Provided compliance with the stipulations of the conditional use permit, the
commercial horse boarding facility will conform with all performance
standards contained in the Zoning Ordinance and the City Code.
d. The proposed use can be accommodated with existing public
services and will not overburden the City's service capacity.
The subject property lies outside the current MUSA. The property is
served with private sanitary sewer and water. The commercial horse
boarding facility will have no impact on the City's service capacity.
e. Traffic generation by the proposed use is within capabilities of
streets serving the property.
Traffic generated by the commercial horse boarding facility can be adequately
handled by the streets serving the property.
5. The planning report, dated November 10, 2010, prepared by Associate Planner
Frank Dempsey is incorporated herein.
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DATED: December 6, 2010
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CITY OF LAKEVILLE
BY:
Holly Dahl, Mayor
BY:
Charlene Friedges, City Clerk
Planning Commission Meeting
November 18, 2010
Page 3
Nordling indicated that he wants to keep the rezoning square or rectangular
in shape and is satisfied with the rezoning area as proposed.
• Mr. Dempsey explained the process of how property can be removed from
the agricultural preserves program. He clarified that the only requirement
for property to be re -zoned A -P, Agricultural Preserve District is that it must
be at least 40 acres in size.
10.54 Motion was made and seconded to recommend to City Council approval of the
Richard Nordling rezoning of approximately 44 acres of his property from RA,
Rural Agricultural District to A -P, Agricultural Preserve District, as presented, and
adoption of the Findings of Fact dated November 18, 2010.
Ayes: Maguire, Lillehei, Adler, Glad.
Nays: 0
4 , ITEM 6. TOVE JOHNSON
Vice Chair Lillehei opened the public hearing to consider a Conditional Use Permit
to allow the following, located at 8229 - 190th Street:
A. A commercial horse stable in the RA District.
B. More than one horse per acre on a 10 acre lot.
C. More than one detached accessory building with a combined area
greater than 8,712 square feet in the RA District.
The Recording Secretary attested that the legal notice had been duly published in
accordance with State Statutes and City Code.
Ms. Johnson presented an overview of her request, including background
information on the property and her plans for the property. Ms. Johnson referred
to Stipulation 10 in the planning report and indicated that the fire truck is now
gone. Stipulation 10 also refers to a semi - trailer that shall be removed by December
31, 2010. She is requesting that this be allowed to stay until the proposed pole barn
is built as they are using the semi - trailer for the shavings which will eventually be
stored in the pole barn.
Ms. Johnson stated that she met with Sherry Hauck and feels that they have come
up with an agreement regarding the driveway concerns. Ms. Johnson understands
her neighbors' concerns and wants to be a good neighbor. She indicated that a lot
of time and effort has been put into her proposal and thanked the Planning
Commission for their consideration.
Vice Chair Lillehei opened the hearing to the public for comment.
Andrew Abeln, 24705 Blaine Avenue
Planning Commission Meeting
November 18, 2010
Page 4
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Planning Department staff recommends approval of the Tove Johnson
conditional use permit subject to the 16 stipulations listed in the November 10, 2010
planning report, and adoption of the Findings of Fact dated November 18, 2010.
Mr. Abeln is one of Ms. Johnson's horse trainers and is a resident of Farmington.
He indicated that he has trained horses his whole life and went to college for horse
training and horse management. He supports Ms. Johnson's application.
10.55 Motion was made and seconded to close the public hearing at 6:45 p.m.
Ayes: Lillehei, Adler, Glad, Maguire.
Nays: 0
Vice Chair Lillehei asked for comments from the Planning Commission. Discussion
points were:
• There was discussion regarding the driveway agreement between the
applicant and the Haucks. Mr. Morey stated that an additional sentence
could be added to Stipulation 12 of the planning report to reference the
proposed driveway relocation subject to staff review.
• Mr. Morey stated that leaving the semi - trailer on the property until the
proposed pole barn is constructed is acceptable and suggested that
Stipulation 10 of the planning report could be amended to require removal of
the semi - trailer from the property within 30 days following the issuance of a
certificate of occupancy for the pole barn.
• An extensive discussion took place regarding the applicant's manure
management techniques. Ms. Johnson indicated that in the winter months,
they store the manure outside because everything is frozen and there is no
foul odor. During the spring and fall, they spread the manure on the
adjacent farm fields. The 80 -90 days when the farm fields are growing crops
and unavailable for manure spreading they store the manure in dumpsters
and have it hauled away.
• Pasture management was discussed. Ms. Johnson explained how the horses
are rotated between the different pastures so seeding, weeding and rest
segments can take place periodically among each of the pasture areas. Not
all nine acres of pasture will be in use at any given time.
• Vice Chair Lillehei allowed Sherry Hauck to come to the podium to explain
her letter that was distributed at tonight's meeting. Ms. Hauck indicated
that she and the applicant tried to quickly come up with an agreement for
Planning Commission Meeting
November 18, 2010
Page 5
their driveways to be off -set so that headlights from vehicles exiting Ms.
Johnson's property are not shining directly into her home. They were not
able to determine an off -set driveway distance prior to the Planning
Commission meeting but she felt that they would be able to reach consensus
on an appropriate distance. Ms. Johnson agreed to revise her survey
showing the driveway relocation for staff review prior to consideration of
her CUP by the City Council.
• There was further discussion regarding whether the driveway relocation
should be made a stipulation of the Planning Commissions recommendation
on this CUP. Commissioner Glad suggested that the entire driveway should
meet the five foot setback requirement of the Zoning Ordinance. Mr.
Dempsey indicated that it is not unusual to have shared driveways in the
rural areas of the City.
• Mr. Morey suggested an amendment to Stipulation 5 that the hauling of
manure shall occur weekly only during the spring and summer months
when spreading the manure on adjacent farm fields is not an available
option.
10.56 Motion was made to table this agenda item to a future Planning Commission
meeting. There was no second so the motion failed.
10.57 Motion was made and seconded to recommend to City Council approval of the
Tove Johnson Conditional Use Permit to allow: A. A commercial horse stable in the
RA District, B. More than one horse per acre on a 10 acre lot, and C. More than one
detached accessory building with a combined area greater than 8,712 square feet in
the RA District, subject to the following stipulations, and adoption of the Findings
of Fact dated November 18, 2010:
1. A maximum of 40 horses shall be permitted on the property at any time.
2. The proposed horse barn shall be constructed consistent with the
approved plans and shall meet the height and setback requirements of
the Zoning Ordinance. The proposed horse barn shall be constructed in
the location identified on the revised certificate of survey dated
November 9, 2010 prepared by Jacobson Engineers and Surveyors.
3. The proposed horse barn shall be constructed to be compatible with the
other buildings on the property, shall be maintained in a manner that is
compatible with adjacent residential uses, and shall not present a hazard
to the public health, safety and general welfare.
4. Pasture management, manure stockpiling, disposal and insect control
shall be to best management practices as recommended by the University
of Minnesota Agricultural Extension Service and shall meet all state and
county requirements.
Planning Commission Meeting
November 18, 2010
Page 6
5. Hauling of manure by a certified hauler shall occur weekly during the
spring and summer months when manure cannot be spread on adjacent
fields.
6. All new electric services shall be placed underground.
7. The handicap accessible satellite toilet shall be kept inside the horse barn
as identified on the plans submitted with the application. The satellite
toilet shall be maintained and serviced regularly.
8. A building permit is required prior to the construction of any building on
the property. Any future accessory buildings on the property other than
those approved with this conditional use permit will require a
conditional use permit amendment and building permit from the City.
9. A sign permit is required prior to the installation of any signs on the
property.
10. The existing fire truck and semi - trailer shall be removed from the
property by December 31, 2010 within 30 days following the issuance of a
certificate of occupancy for the proposed pole barn. Licensed or
unlicensed semi - trailers shall not be permitted on the property other than
for the delivery of materials used for the operation of the horse boarding
activity. Semi - trailers on the property shall not be used for the storage of
feed, bedding or other materials.
11. Any horse feed or bedding material requiring shelter shall be stored in a
building.
12. A shared driveway easement shall be submitted prior to City Council
consideration of the conditional use permit.
13. The property or accessory buildings shall not be used for the operation of
any commercial business, business storage or parking of commercial
vehicles or equipment other than those strictly required for operating the
horse boarding facility.
14. The existing house shall only be occupied by a single family and in
compliance with the Zoning Ordinance.
15. There shall be no overnight camping allowed on the property, in the
barns or any other accessory building on the property.
16. Guest vehicles associated with the commercial stable are not permitted to
park on any public street while occupying the subject property.
Ayes: Adler, Glad, Lillehei.
Nays: Maguire. Commissioner Maguire felt she needed more information in
order to make a recommendation on the CUP application.
Ex- Officio Bussler excused himself from the meeting at 7:40 p.m.
Dempsey, Frank
From: Sherry Hauck [plx @frontiernet.net]
Sent: Monday, November 29, 2010 4:18 PM
To: Dempsey, Frank
Subject: re; Hauck concerns for 8229 190th street West
Hi Frank,
Just a note to confirm that I have meet with Tove Johnson and Bjorn Vogen
regarding the issues of headlights and traffic disturbances to our property as a
result of the increased activity at 8229 190th street.
They have committed to move the driveway 30 feet to the west to alleviate the
problem and suggested that they may be able to transfer trees from their father's
property to shield the approaching lights.
I greatly appreciate their acknowledgement of the problem and their commitment
to resolve it. I have no intention of bringing any other issues to the city's attention
and am satisfied to have my concerns taken care of. I wish them the best of luck in
their venture.
Sherry Hauck
952- 469 -5059
11/30/2010
Page 1 of 1
Dempsey, Frank
From: Sherry Hauck [plx @frontiernet.net]
Sent: Friday, November 12, 2010 10:14 AM
To: Dempsey, Frank
Subject: re: Objections to horse property at 8229 190th Street
Dear Mr. Dempsey,
Here's why:
I am submitting an objection to the conditional use permit for the property
located at 8229 190th St West.
My residence and the lifestyle I live will be impacted everyday in a
distressing manner if such a permit is approved.
• Our home lines up exactly with their new drive way, which has been
created by an easement. Our home is close to the road and the effects of
this are as follows:
• The headlights of this traffic enters our living room every time someone
leaves the property. The lights are a significant annoyance NOW and
with the possibility of 40 boarders and additional traffic for those
coming to take riding lessons it is beyond what should be expected in
a residential setting. Every vehicle has to stop at end of the driveway
before turning and that creates a floodlight effect for us each and
every night.
• My residence is subjected to ALL traffic entering and leaving the
property. Because of our location, no one can enter or leave without
yielding at the point of our driveway. This includes cars, horse trailers,
hay trucks and tractors.
These are the issues that MOST concern me and will change my surroundings from
a quiet, country setting to a busy commercial setting. I can tolerate the other
consequences of the new use of the property.(Such as loose horses and parking on
the street which happens now but are expected and not a big issue)
While I support Tove Johnsons interest in boarding horses I cannot support it to the
demise of my surroundings and home. Please consider my position.
I am proposing that conditions be outlined as a comprise and consideration to all it
effects:
Limiting the number of horses.
11/30/2010
Page 1 of 2
(A secondary concern is the total number of horses when you combine Golden Ridge stables
current 34 with another possible 40. My property is the lowest laying property and all runoff
from 8229 190th is diverted through culverts to my property, a public stream and my pond. This
is the lay of the land, I understand, but worth mentioning as it is much manure and urine
seeping into water resources. )
Thank you for reviewing my objection,
Sherry and Sam Hauck
8200 190th Street West
Lakeville, Mn 55044
952 -46 -5059 /cell: 952- 454 -2736
email: Plx @frontiernet.net
11/30/2010
Restricting traffic to only boarders and not allow outside lesson traffic.
*Or have the driveway diverted.
Page 2 of 2
Memorandum
To: Planning Commission
From: Frank Dempsey, AICP
7 V Associate Planner
m Noe
City of Lakeville
Planning Department
Date: November 10, 2010
Subject: Packet Material for the November 18, 2010 Planning Commission Meeting
Application Action Deadline: December 24, 2010
Agenda Item: Conditional Use Permit for Tove Johnson for the following:
1. A commercial horse stable in the RA District.
2. More than one horse per acre on an approximately 9.66 acre lot.
3. More than one detached accessory building with a combined area greater than
8,712 square feet in the RA District.
INTRODUCTION
Tove Johnson has submitted an application for a conditional use permit to allow the
above described uses as part of a request to operate a commercial horse boarding
stable for up to 40 horses. The property is a legal non - conforming 9.66 acre parcel of
record in the RA, Rural Agricultural District and is located at 8229 — 190th Street on the
north side of 190 Street and approximately three - tenths of a mile east of Highview
Avenue. The property is owned by Bjorn and Jennifer Vogen. Mr. Vogen is the brother
of the applicant, Tove Johnson. The property currently consists of an existing single
family home and a 960 square foot attached garage, an 864 square foot storage shed
and a 5,600 square foot horse barn. The new detached accessory building would be a
9,120 square foot, 20 foot tall horse barn located north of the existing horse barn.
Indoor and outdoor riding areas and open pasture areas are included on the north and
south sides of the property.
EXHIBITS
The following exhibits are attached for your review:
Exhibit A — Location /Zoning Map
Exhibit B — Aerial Photo
Exhibit C — Certificate of Survey and Site Plan
Exhibit D — Applicant Narrative
Exhibit E — Proposed Horse Barn Building Plans (3 Pages)
Exhibit F — Veterinarian Letter and Horse Care Letter (2 Pages)
Exhibit G — List of CUPs approved for accessory buildings — 1981 to present.
BACKGROUND
The existing 9.66 acre parcel, the house and outbuildings were previously under the
ownership of the Jack Roberts family who also owned the 10 acre property, horse barn
and commercial riding stable to the west until the early 1990's. In the mid- 1970's a
14,000 square foot horse barn was constructed on the parent parcel. Shortly
thereafter, Roberts subdivided his property to create two parcels whose shared property
lines jogged around the large horse barn.
The existing home on the subject property was constructed in 1971 together with the
864 square foot shed and some smaller detached accessory buildings. The existing 5,600
square foot barn was built after 1974. The house is served by a regulation compliant
private sanitary septic system and well. The well was recently tested and was shown to
be safe and suitable for human consumption.
Adjacent Land Uses. Adjacent land uses and zoning are as follows:
North — Undeveloped Agricultural Property (RA District)
East — Single Family Home (RA District)
South — 190 Street, Single Family Homes (RA District)
West — Single Family Home and Commercial Riding and Boarding Stable (RA District)
APPLICATION ANALYSIS
Chapter 18, Section 5 of the Zoning Ordinance allows accessory building requirements
to be exceeded by conditional use permit subject to the following criteria:
A. There is a demonstrated need and potential for continued use of the
structure for the purpose stated.
The property owner is requesting the additional horse barn and shelter building to
board up to 40 horses. The property is guided and zoned for agricultural use and
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is located in the Urban Reserve of the Staged MUSA Expansion Areas. The
proposed building and the commercial boarding stable are consistent with other
buildings and a commercial riding stable in the area.
The horse barn will be a pole barn type construction with finished steel siding
and a finished steel roof and will be 24 feet tall at the peak. The total proposed
building height as defined by the Zoning Ordinance will be 20 feet, which meets
Zoning Ordinance requirements for the RA District. The proposed horse barn
building materials and colors must be consistent and compatible with other
existing buildings on the property.
B. No accessory building or private garage shall be utilized for all or a
portion of a home occupation, for commercial activities or for
commercial storage.
The horse barn is proposed to be used solely as a commercial boarding stable as
allowed by conditional use permit in the RA District. No home occupation or
storage of home occupation equipment or vehicles not associated with the horse
boarding facility is permitted in any accessory building on the property.
C. The accessory building has an evident reuse or function related to a
single - family residential environment in urban service areas or hobby
farm environment in nonurban service areas of the city.
The property is in a large rural area of the City with hobby farms and agricultural
farms in the vicinity. The 2030 Land Use Plan guides the subject property and
other properties in the area for rural agricultural uses which are located in the
Urban Reserve of the Staged MUSA Expansion Areas.
Exhibit H is a list of accessory building conditional use permits approved from
1981 through present.
D. Detached accessory buildings shall be maintained in a manner that is
compatible with the adjacent residential uses and does not present a
hazard to public health, safety and general welfare.
All accessory buildings shall be maintained in a manner that is compatible with
the adjacent residential uses and does not present a hazard to public heath,
safety and general welfare.
Ms. Johnson's narrative describes a manure management plan that includes the
temporary stockpiling of the manure on the property, spreading on adjacent
agricultural properties with permission from the property owners or hauling with
a certified hauler when the manure cannot be spread on the adjacent fields.
Hauling would occur weekly when manure cannot be spread on adjacent fields.
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The University of Minnesota Agricultural Extension Service indicates that a typical
horse, which weighs about 1,000 pounds, produces between 45 and 55 pounds
of manure per day, or around nine tons per year or about 360 tons annually by a
40 horse facility. Spreading on agricultural property and hauling are typical
methods for disposing of manure in Dakota County according to the Dakota
County Soil and Water Conservation District.
The pastures shall be managed to allow continuously growing ground cover to
prevent exposed soils and to prevent soil erosion. Manure and pasture
management shall be according to the recommendations outlined by the
University of Minnesota Extension Service.
Best management practices for insect control as recommended by the University
of Minnesota Agricultural Extension Service shall also be followed.
A handicap accessible satellite toilet will be installed inside the proposed (or
existing) horse barn. The satellite toilet shall be maintained and serviced
regularly.
E. The performance standards and criteria of section 11 -4 -7 of this title
shall be considered and a determination made that the proposed
activity is in compliance with such criteria.
Existing Zoning Ordinance Non - Conformities. There are four existing non-
conforming conditions on the property:
1. The property is a legal non - conforming lot 9.66 acres in area. The minimum
lot area is 10 acres in the RA District.
2. The existing horse barn does not meet the 10 foot accessory building setback
to the east property line.
3. There is currently more than one detached accessory building on the property.
4. Fence and driveway encroachments.
5. Fire truck and semi - trailer parked on the property.
Lot Area and Width. The property is 9.66 acres in area and 329 feet in width.
The lot width meets the minimum 300 foot width requirement for parcels in the
RA District. The 9.66 acre parcel is considered legal non - conforming. The
minimum lot area requirement in the RA District is 10 acres.
Single Family Home. The existing house is proposed to be occupied by a
single family as outlined in the applicant's narrative. The house shall only be
occupied by a single family and in compliance with the Zoning Ordinance.
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Accessory Building Area. The Zoning Ordinance allows a maximum of 8,416
square feet or 2% of the lot area for accessory building space on a 9.66 acre lot
within the RA District. The existing and proposed accessory buildings on the
property would total 16,760 square feet in area (3.98% of the lot area) and would
include the following:
Existing Attached Garage — 960 square feet
Existing Shed — 864 square feet
Existing Horse Barn — 5,600 square feet
Proposed Horse Barn — 9,120 square feet
Two Existing Three -sided Horse Shelters in Pasture — 216 square feet (108 sf
each)
Setbacks. The proposed horse barn must be set back 30 feet from the front
property line, 10 feet from the side and rear property lines, and 10 feet from any
other building on the property. The location of the proposed horse barn meets
the accessory building setback requirements.
The existing three -sided lean -to horse shelters are designed to be moved to
different areas of the property and pasture if needed. The lean -to shelters shall
meet setback requirements at all times.
Access. The property is accessed from a driveway at 190 Street. The driveway
is located on the east property line and is shared between the two properties. A
shared driveway easement is required. A copy of the signed easement must be
submitted to the City prior to City Council consideration of the conditional use
permit.
Vehicle Parking. There is space designated for 10 visitor vehicles adjacent to
the existing barn on the east side of the property. The applicant believes this
provides adequate parking area for guest and employee vehicles. Guest vehicles
associated with the commercial stable are not permitted to park on any public
street while occupying the subject property.
Ms. Johnson's narrative indicates that they anticipate little traffic as this will be a
boarding facility and riding lessons for the owners of horses boarded on the
property. There will be no horse shows or events at this facility that will bring
additional visitors to the property.
Fences. All fences shall be kept in good condition at all times to prevent horses
from leaving the confines of the property. The site plan shows existing fences
crossing the east property line that is shared with the applicant's parents.
5
Signs. The Zoning Ordinance allows one sign up to 32 square feet in area and
eight feet in height in the RA District. A sign permit must be approved by the City
prior to installation of any signs.
Adjacent Commercial Riding Facility. The Golden Ridge Stables commercial horse
boarding and riding facility to the west at 8315 — 190 Street has been in operation
since a conditional use permit was approved 1973 as Shiloh Stables. The 1973
conditional use permit expired in 1975 and was not renewed until after the new and
current owners purchased the property in 1993. The current owners have owned or
been involved in the operation of Golden Ridge Stables since 1986. They provide riding
lessons and include periodic riding competitions at the facility. Golden Ridge Stable is
located on a 10 acre parcel (9.4 acres excluding the dedicated road easement). There
have been no known complaints regarding the operation of this commercial horse
boarding and riding facility.
Other Commercial Riding /Boarding Facilities. Jensen Stables is a riding and
boarding facility that was approved by conditional use permit in 1983 and amended in
1984 allowing up to 60 horses on a 40 acre property located at 19650 Judicial Road.
There have been no known complaints regarding the operation of this facility since the
conditional use permit was approved.
RECOMMENDATION
Planning Department staff recommends approval of the Tove Johnson Conditional Use
Permit subject to the following stipulations:
1. A maximum of 40 horses shall be permitted on the property at any time.
2. The proposed horse barn shall be constructed consistent with the approved plans
and shall meet the height and setback requirements of the Zoning Ordinance.
The proposed horse barn shall be constructed in the location identified on the
revised certificate of survey dated November 9, 2010 prepared by Jacobson
Engineers and Surveyors.
3. The proposed horse barn shall be constructed to be compatible with the other
buildings on the property, shall be maintained in a manner that is compatible
with adjacent residential uses, and shall not present a hazard to the public
health, safety and general welfare.
4. Pasture management, manure stockpiling, disposal and insect control shall be to
best management practices as recommended by the University of Minnesota
Agricultural Extension Service and shall meet all state and county requirements.
6
5. Hauling of manure by a certified hauler shall occur weekly when manure cannot
be spread on adjacent fields.
6. All new electric services shall be placed underground.
7. The handicap accessible satellite toilet shall be kept inside the horse barn as
identified on the plans submitted with the application. The satellite toilet shall be
maintained and serviced regularly.
8. A building permit is required prior to the construction of any building on the
property. Any future accessory buildings on the property other than those
approved with this conditional use permit will require a conditional use permit
amendment and building permit from the City.
9. A sign permit is required prior to the installation of any signs on the property.
10. The existing fire truck and semi - trailer shall be removed from the property by
December 31, 2010. Licensed or unlicensed semi - trailers shall not be permitted
on the property other than for delivery of materials used for operation of the
horse boarding activity. Semi - trailers on the property shall not be used for the
storage of feed, bedding or other materials.
11. Any horse feed or bedding material requiring shelter shall be stored in a building.
12. A shared driveway easement shall be submitted prior to City Council
consideration of the conditional use permit.
13. The property or accessory buildings shall not be used for the operation of any
commercial business, business storage or parking of commercial vehicles or
equipment other than those strictly required for operating the horse boarding
facility.
14. The existing house shall only be occupied by a single family and in compliance
with the Zoning Ordinance.
15. There shall be no overnight camping allowed on the property, in the barns or any
other accessory building on the property.
16. Guest vehicles associated with the commercial stable are not permitted to park
on any public street while occupying the subject property.
cc: Tove Johnson
Bjorn and Jennifer Vogen
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Bjorn and Jennifer Vogen /Property Owner and Tove (Vogen) Johnson /Applicant are submitting an
application for a conditional use permit to 1) allow a combination of accessory buildings larger than the
number of square feet allowed in the R -A, Single Family - Agricultural District and 2) allow a commercial
riding stable in the R -A, Single Family Residential District 3) allow more than one horse per acre on a
ten acre lot, all on land located at 8229 190 Street West.
The property was purchased in late December of 2009. We grew up next door to this property and our
parents still reside there. Since purchase we have been keeping our family's horses on the property and
evaluating potential long -term plans for the property. We are applying to operate a quality horse
boarding facility for up to 40 horses as well as construct a 60' x 152' steel and wood frame pole building.
The property contains a single family home which currently is rented out to a family of five who have
two horses on the property. They provide assistance with care and supervision of the horses 24 hours a
day. We will continue to have a renter in the house that has knowledge of horses and the property so
they can do late night checks and handle any issues that may arise during the overnight hours and when
other staff would not be present. The property currently has a barn with 9 stalls, a tack room, and an
indoor riding arena measuring 96' x 40'. There is also a second small steel building which previously
was used as a workshop.
Since purchasing the property we have significantly improved it, thus enhancing the neighborhood. We
have cleaned up a large amount of refuse, improved the pastures, cleared brush from fence lines and
upgraded the fencing, improved the footing and rails of the outdoor arena, and upgraded the driveway
from a dirt path to a properly draining driveway. We have also repaired the interior of the barn and
shed as well as fixed roof leaks on the barn, replaced windows, added adequate lighting, and repaired
the floor of the barn in the stalls and alleyway.
Our goal is to run a quality horse boarding and training facility. We will provide boarding for the horses:
primarily with a stall that the horse is brought into each night, fed, spends the night, fed in the morning
and then turned outside for a portion of the day. During the day these horses will typically be worked
by a Professional Trainer as well as ridden several times each week by their owner. A smaller portion of
the horses will live outdoors in a pasture area with a three sided loafing shed for protection from the
elements. These horses are fed grain twice a day and when there is limited grass in the pastures they
are provided with hay 24 hours per day. The typical horses we expect to board are stock type horses
that are actively involved in being trained and /or shown. It is typical for many of these horses to spend
a large portion of the day in a stall except while being ridden. We anticipate having two professional
trainers on staff that will work with and care for the horses.
We have researched proper pasture management and routinely drag the pastures to minimize any
manure buildup. We also routinely spray for weeds, cut the grass, fertilize, overseed, and rest the
pastures as necessary. We have brought the pastures to proper condition and have done a good job at
maintaining them. With a larger number of horses on the property we feel we still will be able to
maintain them in proper condition by continuing the routine management schedule we have started as
well as rotating pastures and utilizing dry lots.
EXHIBIT D
All stalls will be cleaned on a daily basis. Manure will be deposited daily in an unobtrusive location on
the property. Periodically manure will be hauled away and spread on the fields to the north of the
property. This field is owned by Joe Miller who has given us permission to spread manure on his fields
as needed. This is primarily done throughout the spring and fall while there are not crops planted on
the fields and snow does not prohibit us from entering the fields. This system has worked well this year
given the number of horses we have had on the property. Due to the increased amount of manure
generated by the additional horses, if needed, we are prepared to utilize a commercial dumpster system
and have a refuse company haul it away weekly.
We are requiring that all horses on the property follow a strict vaccination and worming schedule that
has been created for us by Cleary Lake Veterinary Clinic. AU horses are required to follow this schedule
in order to remain on the property. We will schedule routine veterinary and farrier visits that all
boarders may sign up to participate in or they may schedule their own. However they MUST keep their
horses up to date on all veterinary and hoof care or they will be asked to leave. We have a very good
working relationship with the staff at Cleary Lake Veterinary Clinic and will continue to maintain this in
order to provide the healthiest environment possible for the horses.
We will provide a handicapped accessible Satellite restroom for the use of the owners of the horses on
the property. This restroom will be located inside the proposed Pole Barn on the southwest end. There
is parking around the exterior of the barn. We do not expect that we will generate a noticeable increase
in traffic in the neighborhood. We will not be providing an hourly lesson program, horse shows or
events with a large number of people in attendance. Our prospective customers will be owners of the
horses and a number of them will have two or more horses thus generating even fewer cars.
We are requesting approval to build a 60' x 152' steel and wood frame Pole Barn. This space would be
used as an indoor riding arena. This building will be located due north of the current barn and will run
north and south. The siding of this building will match as closely as possible the siding on the existing
buildings. The proposed location of this building is at the rear of the property and not visible from the
road or any surrounding homes. The current arena measuring 40'x96' will have approximately 20 stalls
installed as well as tack and feed storage. We will also add a ventilation system and windows providing
natural light.
Our ultimate goat is to provide a healthy and safe environment for both horse and rider as well as
enhance the property and continue to be a good neighbor to the community.
"rove Jollv,sa't - e 0 / /52`
29 GA. COLORED METAL
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RVVI" I RUJJCJtkV'F'U V.L. Ott
MFGR'S. DRAWINGS FOR TRUSS
DETAILS & LATERAL BRACING.
2X4 #1/ #2 SPF ROOF PURLINS AT 22"
O.C. NAILED W/ (2)16d COM. NAILS.
29 GAUGE COLORED STEEL
ROOF PANELS AND TRIM.
NOTCH POST 1 1/2" FOR ROOF
TRUSS. NAIL TO POST WITH
(6) 4" RINGSHANK NAILS.
(1) 2X12X16' #2 S. PINE AND (1)1 3/4"
X 11 7/8" LEDGER FASTENED WITH
(12) 4" R.S. NAILS AT EACH COLUMN
(STAGGER SPLICES, PRE -DRILL AS
REQUIRED TO PREVENT SPLITTING.)
29 GAUGE COLORED STEEL WALL
PANELS AND TRIM. 2X4 #1/ #2 SPF
WALL GIRTS ea 20" O.C. NAILED WITH
(2) 4" RINGSHANK NAILS. (3) PLY 2X6
TREATED COLUMNS AT 8' -0" (SEE PLAN)
SLOPE GRADE AWAY
FROM BUILDING.
COMPACTED BACKFILL.
TREATED 2X6 X 16"
BLOCKING (ON 2 SIDES)
NAILED TO EACH FACE W/
(4) GALV. 4" RINGSHANK NAILS.
CONCRETE FOOTING.
SIDEWALL SECTION
2X4 CONT. LATERAL BRACING
AT 8' -0" 0.C. MAX. ATTACHED TO
EA. TRUSS W/ (2) 16d COM. NAILS.
(SEE FOOTING / FRAMING PLAN)
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October 20, 2010
To Whom It May Concern:
Sincerely,
Kath M. Ott, DVM
18577 Natchez Ave
Prior Lake, MN 55372
(952)435 -VETS (8387)
*re (952)435- 8777ax
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Cleary LakeVeterinary Hospital
Tove Johnson, Cedar Hill Stable, takes excellent care of the horses on her
farm. She is very diligent about maintaining their health & upkeep. She
maintains the farm nicely and could safely manage a larger number
of horses at the facility. She is well versed in nutrition & biosecurity
measure, including vaccination, isolation of sick or newcoming horses, etc.
Please call with any questions or concerns, 952- 435 -8387.
Your horse's life is our life's work!
EXHIBIT F
PROPOSED
WORMING SCHEDULE AND HEALTH CONTRACT
The health of all horses and the pastures at is very important to us. We have a required worming regimen for all
horses on the property. This schedule was created for us by Cleary Lake Veterinary Clinic. They took into
consideration the parasites typically present in this area and the fecal samples they collected while doing routine
care of our horses. You may select from one of the following two options:
OPTION A
Barn staff will worm your horse /horses with the appropriate wormer on or around the 15 (no earlier than the 13
and no later than the 17 of January, March, May, July, September and November. You will be charged the cost of
the wormer rounded up to the nearest dollar. We will purchase wormer at a reasonable price from the least
expensive source we have available. There will be no upcharge or service charge, simply the cost of the wormer.
You will be responsible for reimbursing the cost of the wormer with the following months Board payment.
OPTION B
You may worm your own horse /horses. Please purchase the appropriate type of wormer and administer it between
the 13 and the 17 of the month. Place the empty tube with your last name and the horses name on it in the white
payment box in the main barn between the 13 and the 17 of the month. If you have not wormed the horse with
the appropriate wormer and provided us with the labeled empty tube between the 13 and the 17 on the 18 we
will worm the horse /horses. If we need to worm the horse on the 18 there will be a $25 service charge plus the
cost of the wormer.
All charges will appear on the following month's statement and will be due with board on the first of the month
following the worming.
Worming Schedule:
January double dose Panacur
March Quest +
May double dose Strongid
July Ivermectin
September Equimax
November Quest
Please circle one of the following options and sign below
Option A: The stable will worm my horse(s) and I will reimburse the cost
Option B: I will be responsible for worming my own horse but will pay the fees if I
do not worm them according to the barn schedule
SIGNED: DATE:
We schedule Spring and Fall Veterinarian visits with Cleary Lake Equine Clinic. Any horse at the barn may be
examined and vaccinated that day with a reduced call fee. This scheduled appointment will be posted in the barn
with a sign -up sheet. If you have your horses vaccinated by another veterinarian, please provided proof in writing of
vaccination including the date and type of vaccinations given and by whom they were administered. For the health
and safety of all horses on the property we require that all horses be vaccinated according to the following schedule
no later than October 31 in the fall and April 31 in the spring. Prior to moving onto the property all horses are
required to provide proof of a current negative Coggins test.
Cedar Hill Vaccination Schedule:
March:
September: Flu /Rhino
Rabies
Strangles
PROPOSED VACCINATION SCHEDULE
Flu /Rhino
Sleeping Sickness/Tetanus / West Nile Virus
Coggins Test
SIGNED DATE
ACCESSORY BUILDING CONDITIONAL USE PERMITS
Applicant Year Size (sf) Zoning Inside MUSA Parcel Size
*Johnson 2010 16,760 (3 beds) RA No 10 acres
Hellevik 2010 5 Bldgs RA No 10 acres
Miler 2008 Exc. 15 ft RS -1 Yes 1.42 acres
Goss 2008 4,032 RA No 30 acres
Piekauski 2006 1,344 RS -3 Yes 1.60 acres
Meyer 2006 1,572 RS -3 Yes .66 acres
Rimnac 2005 2,096 RS -2 Yes 7.3 acres
Spangler 2005 869 RS -2 Yes 2.3 acres
Weinel 2004 1,480 RS -3 Yes .69 acres
Hanson 2002 576 RS -3 Yes 1.5 acres
Drogmuller 2002 2,184 RM -1 No 10 acres
Steinman 2002 624 RM -1 Yes 1.4 acres
Zeien 2001 1,102 RS -3 Yes 1.5 acres
Emond 2001 864 RS -CBD Yes .25 acres
Riehm 2000 1,310 RM -1 Yes 1.96 acres
Graham 2000 1,078 RS -CBD Yes .57 acres
Jensen 2000 1,470 RS -3 Yes .52 acres
Laun 2000 952 RS -CBD Yes .50 acres
Hendrickson 2000 4,452 R -2 Yes 15 acres
Pietsch 1999 2,400 R -1 No 22 acres
Smith 1999 896 R -3 Yes .35 acres
Edmonson 1998 864 R -2 Yes 3 acres
Krebs 1998 2,400 R -1 No 9.1 acres
Forland 1998 1,462 R -1 No 5 acres
Stuke 1998 2,520 R -1 No 20 acres
Miller 1996 2,240 R -2 Yes 3.7 acres
Menke 1996 1,620 R -2 Yes 15 acres
Teal 1996 2,160 R -2 Yes 10 acres
Curren 1995 960 R -2 Yes 3 acres
Cronen 1995 2,396 R -1 Yes 10 acres
Koble 1994 2,400 R -2 Yes 10 acres
*Hoffmann 1994 17,668 (2 Blds) RA No 10 acres
Goetze 1993 1,232 R -2 Yes 4.3 acres
Fenner 1993 936 R -2 Yes 9.5 acres
Oster 1992 2,400 R -2 Yes 10 acres
Clifford 1990 288 R -1 No 20 acres
Moe 1990 1,600 R -2 Yes 2 acres
Olson 1989 1,728 R -2 Yes 9.4 acres
Sorlie 1989 1,196 R -1 Yes 3 acres
Moss 1985 2,000 R -1 Yes
Tangen 1984 1,800 R -2 Yes
Grossman 1983 672 RA Yes
*Johnston/ 1983 30,000 RA No 38 acres
Rohleder /Jensen
Johnson 1983 3,402 R -1 Yes
Radunz 1983 5,000 R -2 Yes -
LaFavor 1983 1,600 R -2 Yes -
Harris 1982 900 R -2 Yes
Campbell 1982 400 R -2 Yes
Kalmes 1982 720 R -2 No
Zak 1981 1,632 I -1 No .74 acres
*Previously approved or proposed horse boarding stables
EXHIBIT G
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
JOHNSON CONDITIONAL USE PERMIT
FINDINGS OF FACT
On November 18, 2010 the Lakeville Planning Commission met at its regularly
scheduled meeting to consider a conditional use permit for Tove Johnson to allow:
1. A commercial horse stable in the RA District.
2. More than one horse per acre on an approximately 10 acre lot.
3. More than one detached accessory building with a combined area greater
than 8,712 square feet in the RA District.
The property is located at 8829 — 190 Street. The Planning Commission
conducted a public hearing on the proposed conditional use permit preceded by
published and mailed notice. The applicant was present and the Planning
Commission heard testimony from all interested persons wishing to speak.
FINDINGS OF FACT
1. The property is currently zoned RA, Rural /Agricultural District.
2. The property is located in Planning District No. 12 of the 2008 Comprehensive
Plan, which guides the property for rural, residential agricultural and hobby
farm land uses. The property is also located in the Urban Reserve area of the
staged MUSA Expansion Areas component of the Comprehensive Plan.
3. The legal description of the property is:
The West Quarter of the Southeast Quarter of the Southwest Quarter of Section 16,
Township 114, Range 21, Dakota County, Minnesota, Except that part described as
follows:
Commencing at the southwest corner of the above described parcel;
thence North, assumed bearing, along the west line of said parcel a
distance of 458.00 feet to the point of beginning; thence North a distance
of 195.00 feet; thence East a distance of 45.00 feet; thence South a
distance of 195.0 feet; thence West a distance of 45.00 feet to the point
of beginning.
1
4. Section 11 -4 -3E of the City of Lakeville Zoning Ordinance provides that a
conditional use permit may not be issued unless certain criteria and satisfied.
The criteria and our findings regarding them are:
a. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with
the official City Comprehensive Plan.
The commercial horse boarding facility with more than one horse per acre
and the existing and proposed detached accessory buildings on the rural
residential property are consistent with the rural residential and agricultural
uses identified for Planning District 12 of the Comprehensive Plan.
b. The proposed use is or will be compatible with present and future
land uses of the area.
Provided compliance with the conditional use permit, the proposed
commercial horse boarding facility will be compatible with existing and future
land uses in the area.
c. The proposed use conforms with all performance standards
contained in the Zoning Ordinance.
Provided compliance with the stipulations of the conditional use permit, the
proposed commercial horse boarding facility will conform with all performance
standards contained in the Zoning Ordinance and the City Code.
d. The proposed use can be accommodated with existing public
services and will not overburden the City's service capacity.
The subject property lies outside the current MUSA. The property is
served with private sanitary sewer and water. The commercial horse
boarding facility and detached accessory buildings will have no impact on
the City's service capacity.
e. Traffic generation by the proposed use is within capabilities of
streets serving the property.
Traffic generated by the commercial horse boarding facility can be adequately
handled by the streets serving the property,
5. The planning report, dated November 10, 2010, prepared by Associate Planner
Frank Dempsey is incorporated herein.
2