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i'ouing File #994 Decemher 3, 1985 Page 3 of 5 Review of Kokesh's Horse Operation - (Exhibit B) The applica ask the City to consider the following activities in its review: 1. boarding and raising horses owned by applicants and others 2. stud services 3. brokerage of horses for applicants and others 4. riding lessons 5. horse shows (no more than 2 a year) 6. tack catalogue sales - no stock in trade or over counter sales Review of Application Section 10.20, Subdivision 3 W requires a conditional use permit for riding stables. The applicants' daughter provides riding lessons on site an3 applicants also note that they provide boarding facilities for horses owned by others in addition to renting horses for public use. Per definition 66 (Section 10.02) Public Stables or Barns, th.'.s definition includes boarding, rental of horses and riding lessons. The conditional use permit for public riding sty_ ..e will cover boarding of horses, rental of horses and riding lessons. In reviewing Section 1,).03, Subdivision 18 - Farming - a conditional use permit is not-equired because there has riot been an increase of more than 25% in horse otock. 2.0 horses in 1975 25 horses currently maintained 5 total increase or 25% Per current area allowance for the keeping of horses (Section 10.27, Subdivision 4 A) 1 acre for homestead, 2 acres for 1st horse and 1 additional acre for each additional horse: Total area of. 35 acres w-Duld allow the keeping of 33 horses. Applicants maintain 25 horses. Applicant's Attorney has asked that the number of horses aillowed on the site be subject to the provisi :ns of Section 10.27, Subdivision 4 A (K) rather than Section 10.03, Subdivision 18. This point was not specifically addressed by the Planning Commission in this application review. The conflict ; thin the code was briefly touched on in recent zoning amendment discussion;. A conditional use permit is not required in rural zones for keeping of horses and yet Section 10.03, Subdivision 18 - Farming, would limit any increase to 25R for farms in existence as of January 1975. In other words a new operation, not in existence on January of 1975, would be able to maintain 33 horses without a conditional use permit on the 35 acre Kokesh site but Kokesh would have to ripply for a conditional use permit if he went to 26 horses. The applicant asks that he be allowed to maintain the maximum number of :gorses at 33 units and if he sells off any land the number of horses maintained will be reduced.