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Zoning File #1776 October 15, 1992 Page 2 Description of Request The applicant requests permission to install a barn and fencing for the keeping of two horses on her 1.5 acre parcel and the neighbor's 4 acre parcel. Herman Laue, owner of the adjacent 4 acre parcel, has provided a written letter indicating that the applicant may use his acreage to pasture the two horses (Exhibit E). The applicant plans to install a 12' x 16' barn 75' from the east lot line and approximately 30' north of the existing driveway (Exhibit D). A fence would be constructed from the northeast and southeast corners of the barn eastward to the adjacent 4 acre parcel. The adjacent 4 acre parcel is currently fenced with steel poles and barbed wire fencing. The properties are both located within the RR-1B zoning district which allows the keeping of horses for non-commercial purposes as a conditional use. The conditional use is contingent on the owner possessing a minimum of 3 acres. One acre is required for the home site and 2 acres must be open pasture area. Also, any stable or barn must remain at least 75' from any lot line and 150' from the nearest neighboring residence. The applicant's 1.5 acres is not sufficient to meet the requirements for the conditonal use. At best she could provide .8 acres of pasture by enclosing an area north of the driveway to the the property lines. She also would still require a variance in order to place the barn closer to the front yard lot line than the principal dwelling. By acquiring the use of the neighboring 4 acres, the pasture area would be sufficient for the two horses and would encroach less on neighboring residences. The applicant has an existing failing septic system with the drainfield crossing underneath the proposed pasture area. The system surface discharges occasionally approximately 25' from the proposed pasture area which poses a potential health hazard. Surface discharge was first noted on a May 2, 1991 inspection and repairs were requested. Due to the approval of the Stubbs Bay Sanitary Sewer Project, repairs were delayed until the hookup to City sewer could be made. Until hookup is made, the owner is required to pump out the system as often as necessary in order to prevent surface discharge ( see Exhibit G ) . During a site inspection on October 14 , 1992 , the system was observed discharging effluent to the surface at which time the owner was asked to pump out the system. The applicant did call and indicate that the tanks have since been pumped. A letter has been received from Lee and Jane Behrman, Rathy Anderson and Henry Furchner of 340, 398 and 360 Leaf Street respectively, requesting the denial of this variance request. Several concerns are noted by these neighboring residents including the proximity to existing dwellings, lot size, and the