HomeMy WebLinkAbout1992-02-24 Letter, Codes for Grazing HorsesGITYofORONO
Municipal Offlca
Post Offlce Ben
Crystal Bay, MiniMsoia SS32}4M)66
February 24, 1992
Mr. Jack Shannon
Edina Realty
1120 East Wayzata Blvd.
Wayzata, Minnesota 55391
Re: 940 Brown Road South - Horses
Dear Mr. Shannon:
I have reviewed the various Orono Zoning Code Sections regarding
horses, in relation to the property at 940 South Brown Road. Also
included in my analysis are Shorelancl Regulations expected to be
adopted by the City Council on Monday, February 24, which have a
bearing on the possibilities.
I would make the following observations and comments:
1.This property is located in the RR-IB Rural Residential zone
in which horses are an allowed accessory use, hence if a
proposal for keeping horses meets all pertinent standards,
you would not inherently need a conditional use permit or
variance.
2.Based on air photo base maps with wetland and property
boundary overlay, the property contains approximately 4 1/2
acres of dry buildable land, the eastern third of which is
wooded.
3.Orono Code requires a minimum of 3 acres in order to have
one horse, and at least 2 acres of that must be dedicated as
open pasture. One additional acre of open pasture must be
added for each additional horse.
4."Open pasture," by definition, cannot include wetland areas.
Further, the proposed Shoreland Regulations would not allow
grazing in steep slope or bluff areas, and if the enclosure
for grazing or pasture areas is less than 1 acre per horse
total, this by definition becomes a feedlot and must, meet a
300' setback from lakeshore as defined by the Ordinary High
Water Level (OHWL) contour.
TELEPHONE-473-7357 • FAX-473-0510
Mr. Jack Shannon
February 24, 1992
Page 2
5.The 929.4' OHWL for the Tanager Lake basin (and of Lake
Minnetonka) very possibly extends to the wetland/dry land
boundary located in the middle of the subject property.
Under that assumptionr no grazing would be allowed within
100' of that boundary^ reducing the potential viable pasture
acreage by nearly an acre. As I see it, this reduces your
potential acreage devoted to pasture to something less than
3 acres, which ultimately appears to limit the property to 1
horse.
6.Regarding animal housing structures, based on the air photo
the existing barn does not meet the minimum setback standard
of 75' from the nearest lot line nor 150' from the nearest
residence. Further, the Shoreland Regulations would require
such structure to be at least 100' from the OHWL; it appears
to be questionable whether the barn meets this. Use of the
existing barn for housing a horse would require a variance.
7.Depending on the actual location of the OHWL (929.4 contour)
for Tanager Lake, this may or may not be technically
considered as a lakeshore lot. (If it was considered as a
lakeshore lot for zoning setback purposes, this does not
suggest that lakeshore access is reasonably feasible.)
However, as a lakeshore lot, the location of any proposed
barn would likely be subject to an "average lakeshore
setback," which might further limit the possible locations
for a conforming barn.
In order to provide a more definitive answer regarding the keeping of
horses, you would have to provide a detailed survey showing the 929.4
OHWL elevation for the Tanager Lake basin and submit a specific
proposal for where you would place a horse barn meeting the setback
requirements. My best estimate is that ultimately you would be
allowed one horse on the property but I can't guarantee that without a
specific proposal and detailed survey information.
Please contact me if I can provide further assistance.
Sincerely, ./
Michael P. GaCrfron
Asst. Planning & Zoning Administrator
MPG/ch
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