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5. <br />B <br />C. <br />E. <br />F. <br />Section 10.20, Subdivision 3 (M) gives the Council the discretion to reduce <br />the required pasture acreage if the horses do not require pasture for feed <br />purposes (this is the reason for the Conditional Use Permit request). The <br />Smith/Murphy horses do not require pasture land for feeding. <br />The property contains a 0.4 acre pasture area and a bam. The bam was <br />constructed prior to any of the current standards relating to bams. Current <br />standards require the bam to be located 75' from any property line and 150' <br />from any adjacent residence. The bam is located approximately 20' from the <br />Luce Line right-of-way to the south, and approximately 20' from the west <br />property line. The bam is more than 200’ from the north property line and <br />500 ’ to the east property line. <br />The applicants own the property to the west. The residential structure on that <br />lot is approximately 60' from the bam. The next nearest residential structure <br />is 270’ and south of the Luce Line Trail. The Luce Line Trail is also a horse <br />trail. The property being adjacent to the Luce Line provides additional <br />opportunity to exercise the horses. <br />In 1997 the applicants contacted the University' of Minnesota Extension <br />Service to conduct a site visit to determine if any potential pollution impacts <br />were present on the property. It was the opinion of Jeremy Geske. Extension <br />Educator, specializing in Livestock Systems that due to the size of the <br />operation and the way it is managed that any impact to the wetland from <br />runoff from the site is extremely minor. <br />The use of the property for 2 horses has been allowed to continue over the <br />years as a legal non-conforming use and the location of the bam was legally <br />established since it was constructed prior to standards that required specific <br />setbacks. <br />The City Council finds that granting a conditional use permit will not be detrimental <br />to the health, safety or general welfare of the public, will not adversely affect light, <br />air nor pose a fire hazard or other danger to neighboring properties, nor will its use <br />depreciate surrounding property values and that the proposed level of use of the <br />Page 2 of 6 <br />1 <br />k r.r