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TO:Chair Peterson and Oronn Planning Commission <br />Ron Moorse. Citv Administrator <br />FROM: Jeanne A. Mabusth. Building & Zoning Administrator <br />DATE:April 11, 1995 <br />SUBJECT:Frank Kokesh. 4100 Watertown Road <br />A. #1995 Class I Subdivision - Continuation of Public Hearing <br />B. #2012 Variance/Public Hearing <br />A. Application #1995 <br />List of Exhibits <br />A - PC Action Notice 2/28/95 <br />B - Berg Letter 3/15/95 <br />C - Revised Preliminary Plan <br />Status of Application <br />At the February 22. 1995 meeting of the Planning Commission, the application was tabled to <br />provide both applicant and staff additional time to address several issues raised by the <br />Commission, review Exhibit A. <br />The City Attorney was to review the interpretation of the ordinance as it relates to Section <br />10.03, Subd. 18. In addition, staff was to ask the attorney to consider the issue of grandfather <br />rights as it related to the historic use of the property and the 1985 application that approved 25 <br />horses on the total 31.2 acre property. The attorney concurred with staff s interpretation of the <br />code. If the prof>erty was less than 10 acres in 1968 or 1975, the property could never have <br />qualified under Section 10.03, Subd. 18 for the keeping or horses. Per Orono code the 9 acre <br />parcel does not qualify as a farm and did not in the past. If more than the allowed number of <br />horses were to be maintained on site, then a separate variance application would be required. <br />It should also be noted that a future owner who planned to board or train animals not owned by <br />the owner per Section 10.27, Subd. 3 [Section 10.20, Subd. 3(0)] or riding academy use per <br />[Section 10.20, Subd. 3(P)1 would require the filing of a new conditional use permit. <br />Review Exhibit B. the applicant has agreed to file a separate variance application. Members will <br />review the variance request upon completion of subdivision review. <br />Applicant was to provide an amended survey reflecting the exclusion of road rights-of-way in <br />the area of the property to the south of Watertown Road from the total area of Parcel A. The <br />area of the property is as follows: <br />9.28 acres - exclusive of road right-of-ways. <br />7.73 acres dry (exclusive of 1.5 acre wetland) <br />7.73 contiguous acres (exclusive of 2,5(X) s.f. parcel to south of Watertown Road)