HomeMy WebLinkAboutRe: horse pasture �O�
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'qJ��xp'4�' 2150 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
May 15, 1997
Sandy Smith
30 Orono Orchard Rd.N.
Wayzata,MN 55391
• RE: Horse pasture at your residence (Section 10.20 M.)
Dear Ms. Smith:
We have received a complaint regarding the horses on your property. The complainant stated that
the number of horses seems to be too great for the pasture area causing the destruction of vegetation
in the pasture resulting in erosion of topsoil and waste towazds the wetland area to the North. After
reviewing the Orono Municipal Code and your site,we have determined that some problems do exist
with your current horse pasture.
The RR-1B zoning district allows one horse for a property with 3 acres of dry land and one
� additional horse is allowed per additional acre of dry land on a parcel. Our calculations indicate that
you have approximately 3.6 acres of land total (3.4 acres dry),which is adequate azea for only one
horse. The total acreage quoted does not include the 2.03 acres of 20 Orono Orchard Rd.N. as it is
� a separate parcel. Approximately.8 acres of dry land is available on 20 Orono Orchard Rd.N.which
would give you enough acreage for two horses only if the two properties were combined. '
The Orono Municipal Code requires a minimum of 2 acres of open pasture for one horse with one
additional acre of pasture needed for each additional horse. The current pasture area is
approximately .4 acres,which is well below the 3 acres re�quired for two horses and expansion of the
pasture is limited by the driveway,a property line,steep slopes and the residences. The City Council
can approve pasture areas less than 3 acres,but the horses must be stabled and the pasture area is not
needed for feed purposes.
Telephone (612) 473-7357 • FAX 473-0510
Now that a complaint has been received regazding the horses on your property,we must address this
issue in a timely manner. Please let me know how you wish to address this issue by May 30, 1997.
Call me at the City offices by if you have any questions.
Sincerely, '
���C/!��
Stephen Weckman
Field Inspector
cc: Lyle Oman, Building Official
3 0 O ran,o-O rc,�.a.v�d�2 aa.d�
Wa y�a�"a�, M N 5 5 3 91
May 26, 1997 ��C�����
M AY 3 0199J'
Mr. Steve Weckman �,�; ; ��r- ORO�'O
Field Inspector
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Dear Steve,
This is in response to your letter of May 15, 1997, regarding: "Horse pasture at your residence".
As I mentioned to you on the telephone last week, we are gathering information and studying the
issue that you have described.
We have not completed this process and plan to respond to your letter by June 15. Please
respond in writing that this date is acceptable.
Thank you.
Cordially, % ,
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S'andra Smith :James Murphy
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Street Address: Mailina Addreu:
��'�'' p'¢'�G 2750 Kelley Parkway P.O. Box 66
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Orono, MN 55356 Crystal Bay, MN 55323-0066
May 30, 1997
Sandy Smith
James Murphy
30 Orono Orchard Rd. N.
Wayzata, MN 55391
RE: Horse pasture at your residence(Section 10.20 M.)
Dear Ms. Smith and Mr. Murphy:
We received your letter requesting additional time(until June 15, 1997)to decide what you will do
regarding your horse pasture. Your request is accepted. Please call me at the City offices by if you •
have any further questions. . _
Sincerely,
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S�ephen Weckman
Field Inspectar
cc: Lyle Oman, Building Official
Telephone (612) 473-7357 • FAX 473-0510
MINNESOTAEXTENSIONSERVICE � � • ' '
UNIVERSITY OF MINNESOTA
DAKOTA COUIv'TY
4100 220th Street West
Farmington MN 55024-9539
(612)891-7700
TDD: (612)891-7749
FAX: (612)463-8002
E-mail: dakotaC�3mes.umn.edu
June 23, 1997
TO: Jim Murphy and Sandra Smith
FR: Jeremy Geske, Extension Educator, specializing in Livestock Systems
RE: My observations from the June 19 farm visit
CC: Tom Wegner
The message I received was that there was some concern about runoff from a horse lot entering a
wetland. 7im and Sandra wanted an expert opinion on pollution potential, and if a problem did
exist, advice on how to prevent it. We set up a farm visit, so I could see the situation first hand.
My initial reaction was A) there are only two horses and B) the lot was not devoid of vegetation.
It is my understanding then that this farm would not be considered a feedlot and a permit would
not be required. In addition, the amount of manure from two horses is relatively minimaL
There is a hill above the East side of the]ot. However, there is tl�ick vegetation on the hill and
Jim blades a ri8ge of dirt around the fence; both of which should reduce the amount of runoff
crossing the lot. For the most part, it appears that only rain (or snow) falling directly on the lot
would be a concern. The lot itself is very small and it appears that only about 2/3 of it drains
towards the wetland. Between the lot and the wetland is a narrow strip of grass and a gravel
road.
Considering the small size of the operation and the way it is managed, my opinion is that the
impact on the wetland from runof�through this lot is extremely minor.
In addition, the horses appeared to be in very good condition, and well taken care of. Jim and
Sandra�ave me the impression that they willing to follow any steps necessary to ensure they are
not polluting and that their horses are mana�ed properly. Their veterinarian could probably attest
to this.
If you would like more opinions, I would recommend inviting a representative from the Soil and
Water Conservation District and/or Minnesota Pollution Control Agency to inspect the sight.
I am also sending Jim and Sandra some information on composting horse manure.
UNIVERSITY OF MINNESOTA, U.S. DEPARTMENT OF AGRICULTURE,AND MINNESOTA COUNTIES COOPERATING
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���� CITY of ORONO
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$�,+gHO 2150 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystai Bay, MN 55323-0066
Ju1y 25, 1997
John Dalbec
1565 Orono Oaks Drive
Long Lake, MN 55356
Dear Mr. Dalbec:
In May 1997 staff received your complaint that there aze too many horses on the property at 30
Orono Orchard Road North owned by your neighbors, James Murphy and Sandra Smith. You
indicated a concern that because of a lack of pasture azea this use is resulting in destruction of
vegetation,topsoil erosion and waste dischazging to the nearby wetland. I have inspected the site
on two occasions and I have discussed this issue with the property owners. They have consulted
experts to assist in determining whether there is a potential pollution hazard. They believe that the
current number of horses and barn location must be considered as a legal non-conforming use. I
have spent considerable time reseazching City records to determine whether there is a basis for their
contention.
Your specific concerns as expressed in your letter of June 11 are:
1. Lot size does not meet code for maintaining two horses;
2. Pasture size does not meet code for two horses;
3. 'Sewage' drained directly to wetland;
4. Stable does not meet 75'to lot lines;
5. Stable does not meet 150'to adjacent residences.
List of Attachments
A-History of Property
B - History of Pertinent Codes
C - Plat& Topography Maps
D - Letter from Jeremy Geske,U of M 6/23/97
Analysis of Issues
Regarding concerns#1 and#2:
Telephone (612) 473-7357 • FAX 473-0510
t
!
John Dalbec
July 25, 1997
Page 2
- Two horses are kept stabled on the property.
- The lot size is approximately 3.7 acres of which 0.1 acre is wetland.
- The fenced enclosure on the property in which horses are kept is approximately 0.4
acre in azea,including the 2200 s.f.barn.
- Code Section 10.20 Subd. 3(1Vn as consistently interpreted by staff would require 1
acre for the residence plus 2 acres of pasture for the first horse, or 3 acres total. The
second horse would require an additional acre of pasture, for a total of 4 acres.
- When they purchased the property in 1988, Smith/Murphy were under the impression
that the property contained the required acreage for two horses. They have had two
horses at the site continuously since 1988. City records indicate two or more horses
were at the site prior to 1988, and in 1987 the City represented to the previous owner
that the property contained enough acreage to house two horses. The City never attempted
to enforce the pasture acreage requirements on this property in the past, and never
indicated to the owner that the lack of pasture was a problem.
- Code Section 10.20 Subd. 3(1Vn gives the Council the discretion to reduce the required
pasture acreage if the horses do not require pasture for feed purposes. The Smith/Murphy
horses do not require pasture for feed purposes. A legal non-conforming use does not
require specific Council action regazding the pasture requirement.
- City files and airphotos indicate the barn had been used historically for housing horses since
the mid-1950's or earlier. City records do not provide any documentation whether the use
of the site for keeping horses was ever suspended for any length of tnne. There is no
evidence that this or any previous owner of the property ever had an intent to abandon the
use of the property for housing horses.
- Tfie City did not require that the horse barn be removed at the tirr�e the property was
subdivided, suggesting that the City expected that the barn would continue to be used
for some accessory purpose when a new principal structure was built on the property.
- The City at the time of subdivision made no representations about the possible future
uses of the barn.
- All of tlie above information suggests that it would be difficult for the City to refute the
argument that the use of the property for housing at least two horses has been continuous
since the adoption of the codes requiring a minimum lot area and minimum azea of pasture,
,
John Dalbec
July 25, 1997
Page 3
and should be'grandfathered', i.e. considered.as a legal non-conforming use.
- Staff is unawaze of any past formal requests in the City for pasture acreage reduction,
hence there appears to be no precedent for reference.
Regarding concerns#4 and#5:
- The barn on Lot 10 is located approximately 20 feet from the Luce Line right-of-way
to the south, and approximately 20 feet from the west property line abutting Lot 13.
This relationship has existed for more than 40 years.
- The barn is more than 200 feet from the north line of Lot 10 and 500 feet from the
east line of Lot 10.
- Smith/Murphy aze owners of Lot 13.
- The barn is approximately 60 feet from the house on Lot 13, and approximately 270
feet from the next neazest residence,which is south of the Luce Line.
- The barn was established in its current location many years prior to the 1968 and
subsequent zoning code standards which made its location non-conforming.
- The standards for the 75' lat line setback and 150' "nearest adjacent residence" setback
were established to provide a buffer between horse barns and neighboring residential
properties. Except for Lot 13 which Smith/Murphy own, the existing barn location
meets the intent of such buffering, in staff s opinion. On the other hand, if Lot 13 is
sold to another party,the buffering might not be adequate.
- The Luce Line Trail is not only a pedestrian and bike trail but is also a horse trail by
design,hence the adjacency to a horse barn should not be incompatible:
Regarding concern#3:
- T'he fenced horse enclosure is approximately 40-50 feet from the apparent boundary
of the 3-acre Type 2/3 wetland located within Lots 10-11-12-13.
- A gravel driveway is located between the enclosure and the wetland.
- The City has a 26' wetland setback requirement in effect for structures and other activity
occurring near wetlands. The enclosure appears to meet this setback.
t
John Dalbec �
July 25, 1997
Page 4
- The property owners do not let manure accumulate to a point where it would hazbor
rodents, flies or insects. Sta,ff has visited the site and has observed that such noxious
conditions do not exist.
- During my inspections of the site on June 11 and July 2, 1997 I observed no excessive or
malodorous azomas.
- There was no accumulation of manure and water on the site that would indicate a
chronic mucky situation that could lead to a continuous odor or runoff problem.
- During the July 2 inspection, which was the moming after a heavy rain, I found no
indications that manure had been transported off the site to the wetland by runoff.
While there was not a dense vegetative ground cover within the enclosure during both my
inspections,about half of the enclosure does have some vegetative cover, and there was no
indication on July 2 that the area enclosed was eroding over the driveway and into the
wetland.
- I did observe that the driveway gravel had washed down hill from the east and was
a potential source of sedimentation to the wetland,which should be resolved by the property
owners who shaze that driveway.
- Smith/Murphy have consulted with an expert from the University of Minnesota, who
indicates in the attached letter that in his opinion, "the impact to the wetland from
runoff through tlus lot is extremely minor". He also indicated that with only two
horses, this site does not qualify as a feedlot, and with only two horses the amount
of manure to be dealt with is minimal.
- This site does not strike me as an eyesore, and while I could see no visible indications of
runoff leading to the wetland, such runoff could possibly occur. Bernung around the north
and west fence lines might help control runoff to some extent,although I have no compelling
information that leads me to conclude that it is necessary.
Conclusions
1. The City would have a difficult time simply requiring that one or both horses be removed
from the site due merely to not meeting the total acreage requirement(which is calculated
on the basis of pasture acreage requirements) for the following reasons:
a. Horses have apparently been kept at the site on a regulaz basis since prior to
the codes which established minimum acreage requirements;
b. There has been no apparent intent by the current or past owners to abandon
John Dalbec
July 25, 1997
Page 5
use of the site for horses;
c. When the City allowed the horse barn to be within a 3.7 acre lot as part of
subdivision of the property in 1980, the City did not require the barn be
removed.
d. In 1987,the City represented to the prior owner that two horses could be kept
on the property. While that conclusion may have relied on incorrect
information regarding lot size,the current owners relied on this representation
and have had two horses on the site without incident or complaint until the
current complaint surfaced.
e. The City Council at its discretion can a11ow the pasture requirement, and
hence the overall acreage requirement,to be reduced if it finds that the horses
do not require pasture for feed purposes. The Smith/Murphy horses do not
require pasture for feed purposes. In effect,the City has tacitly granted such
reduction by its past inaction.
2. The location and locational relationships of the barn were established prior to adoption of the
codes which made the barn location non-confornung. The history of use of the barn for
horses and the appazent intent by past and current owners to continue that use,plus the City's
lack of action to restrict or eliminate the use when the subdivision occurred,make it difficult
to require now that the use be ceased.
3. I find no compelling evidence that suggests the site is causing a pollution problem for
the wetland. The enclosure appears to be kept in such a manner that manure does not
accumulate to any extent. While stormwater from the site would generally run toward the
wetland there is no visual evidence that excessive nutrients are reaching the wetland(i.e. the
wetland perimeter vegetation is not significanfly different from that of any other wetland or
from other locations around this wetland). It would be very difficult to establish whether
nutrient levels at the edge of the wetland neaz the enclosure are higher than'normal'.
Absent any definite evidence of a pollution problem, and given the expert opinion of a
Livestock Systems Specialist from the U of M that the impact of the site on the wetland is
'extremely minor',I must conclude that this site is not causing a pollution problem. There is
no evidence of an odor problem(and no complaint of one).There is no evidence that the site
is harboring rodents, flies or insects(and no complaint that it is).
To summarize,my conclusion is that the use of the property for housing of two horses based on all
available information appeazs to be a legal non-conforming use,that the location of the barn and
enclosure in relation to neighboring properties was legally established prior to codes that required
specific setbacks, and that the keeping of horses on this property is not causing a pollution problem.
My conclusion in this matter,therefore,is that the two horses and e�sting facilitieswill be allowed
to remain on the property. I will recommend to the property owners that they establish measures to
� `
John Dalbec
July 25, 1997
Page 6
eliminate erosion of the gravel driveway toward the wetland. '
Thank you for your concern as well as your patience in allowing the City adequate time to
investigate the issues of this matter. Per your discussion with City Administrator Ron Moorse, if
you disagree with the City staff s conclusions, you should detail those concerns in a letter to the
Council for their consideration as an appeal of an administrative decision.
Sincerely,
.� � .
�
Michael P. Gaffron
Asst. Planning&Zoning Administrator
cc: James Murphy& Sandra Smith
Ron Moorse, City Administrator
Mayor Jabbour and City Council
�
History of Property
1. The existing horse barn has been at its current location and size since at least the mid-
1950's or eazlier.
2. The horse barn in the mid-1950's was accessory to the residence now owned by Mr. �
Struyk currently known as 40 Orono Orchard Road North. The property contained
approximately 40 acres at that time, including the residence and the barn. The small house
now known as 20 Orono Orchard Road N. (the"comer lot")was already on a sepazate parcel
as of the mid-1950's,although aiiphotos indicate that driveways interconnected the appazent
use of the two properties. The low azea north of the barn(now the middle of the wetland
in Lots 12 & 13)contained an oval riding ring.
3. The property, including the corner lot, was subdivide in 1978 to create new unsewered
building sites of two-plus acres each. In July 1978 the City approved two optional lot
configurations:
- a 12-lot plat with the barn and the comer house platted together as a single lot; or
- a 13-lot plat with the corner lot separate from the barn,but the corner lot expanded
to contain at least 2 dry-buildable acres
The second option was ultimately chosen, and the City allowed dry-buildable credit
for the wetland azea that exists today but which was dry in 1978. As a result, the
corner lot platted as Lot 13 contains 2-plus acres of which only half is considered dry-
buildable by today's standatrds and prevailing condition. And, Lot 10 with the horse
barn contains approximately 3.7 acres of which approximately 0.1 acre is wetland.
4. In approving the subdivision as it was ulrimately configured, the City did not address
the accessory structure status of the barn,and did not require that it be removed, although it
became an accessory structure without a principal structure. The City also placed no
conditions on the future use of the property,even though it obviously contained a horse barn
and fenced area historically use to keep horses.. .
5. A building permit was issued in November 1982 to Steve Neslund for a new home
to be constructed on Lot 12 which was constructed during 1983 and Certificate of
Occupancy issued in January 1984. Curiously, the Certificate of Survey used to
obtain the building pernut did not show the then-existing horse barn, although that
survey purports to show"the location of all buildings, if any,thereon...".
6. In July 1987 the City received a complaint about manure storage at the site. The
inspector did not find manure being stored but did find 3 horses. The inspector somehow
concluded that the site had 4.2 acres of land and ordered the third horse to be removed,which
was done without question since the third horse was apparently being housed only
temporarily for a friend of the owner. .
7. In October 1988 Neslund requested information about how many horses could be
housed on the property. Mabusth sent him the code but apparently did not define a
number of horses,possibly because she did not have acreage figures for the property.
8. In December 1988 Smith & Murphy moved onto the property. Within a short time
they started using the site for housing of horses. The City has no record of complaint
regazding those horses until Dalbec's May 1997 complaint.
, �
History of Pertinent Codes
1. The 1968 Zoning Code included "Animals" as an accessory use in the R-1C District
in which subject property was located. The standards for such use were as follows:
"34.037.Animals.The keeping of domestic animals for non-commercial purposes including
horses for the use of the occupants of the premises,provided that any accessory building used
for housing such animals shall be located not less than 150 feet from the nearest lot line
provided that a minimum of two acres of open pasture be available for a single horse,and
that one additional acre be available for each additional horse. Where the horses
are kept stabled without requirement for pasture for feed purposes,this minimum pasture
requirement may be adjusted at the discretion of the Council. Such minunum pasture acreage
shall be exclusive of minimum lot requirements and shall not include low lying lands."
The 1968 Code also defined Stables or Barns -Private in 34.040 as follows:
"Stables or Barns-Private. A building or structure used or intended to be used for housing
horses,mules,donkeys,or ponies belonging to the occupant of the property,and kept for
noncommercial purposes. (Should not.be located less than 150 feet from a dwelling on
adjoining property)."
2. In 1970 Section 34.037 was amended by adding the following language:
"No person keeping such animals shall permit or allow any of the following
conditions to exist:
a. The land upon which the horses are kept is unsightly or is a harbor for
rodents,flies and insects.
b. The winter accumulation of manure is not removed from the premises prior to May
15 of each year.
c. Other accumulation of manure is not removed so as to prevent an unreasonable
amount of objectionable aroma.
d. A failure to make a reasonable effort to keep the horses under control
and within proper fencing.
e. The animals have been treated cruelly or inhumanely.
f. A public nuisance exists on that property.
Also in 1970 the definition of Stables or Barns-Private was revised as follows:
"30.040 Stables er�nd Barns-Private. A building or structure used or intended to be used
for housing horses,mules, donkeys or ponies belonging to the occupant of the property.
(Should not be located less than 150 feet from the nearest
1 t line ."
3. In 1973 the Council adopted Chapter 110, "Animal Regulations" (See attached Ordinance
#157)which dealt with:
- Animals at lazge, including impoundment,disposition, and fees.
- Declazed that "No person shall keep any animal in a manner creating a public or
private nuisance:" �
- Included items a.thru f. as adopted by the 1970 revision of 34.037.
- Defined regulations for the riding of horses.
- Authorized the esta.blishment of a 3-person Livestock Commission to "assist che
Village Clerk in inspection of the premises of those seeking a horse permit,to receive complaints from
those aggrieved by animal owners or keepers,to investigate complaints,to advise animal owners
against whom complaints have been lodged, and to advise the Village Council as to appropriate
action."
- Again revised 34.037 as follows:
"34.037.Animals.The keeping of domestic animals for non-commercial purposes including
horses for the use of the occupants of the premises,provided that any accessory building used
for housing such animals shall be located not less than 150 feet from the nearest lot line,
prev�ided-t�a�e�minimum of two acres of open pasture g�t be available for a single horse,
and-t�one additional acre must be available for each additional horse. i�kere When the
horses are kept stabled ' and do not require pasture for feed purposes,
�t�e minunum pasture requirement may be adjusted at the discretion of the Council. Such
minimum pasture acreage shall be exclusive of minimum lot requirements and shall not
include low lying lands��^���a��P for Rasture or�a inz' g An�person keepine such animals
must comnlv with the�rovisions of Cha te�r 110."
4. In the 1975 code revision, Section 34.037 was renumbered as 34.031 and revised as follows:
"34.037.Animals.The keeping of domestic animals for non-commercial purposes including
horses for the use of the occupants of the premises,provided that any accessory building used
for housing such animals shall be located not less than 150 feet from the nearest lot line.�
minimum of one acre in s¢�e¢ate exclusive of one acre for th�principal building,must
�P�<����9��^f^*each animal unit excep�as hereinafter set forth.A minimum of two acres
of open pasture must be available for a single horse,and one additional acre must be available
for each additional horse. When the horses are kept stabled and do not require pasture for
feed purposes,the minimum pastw'e requirement may be adjusted at the discretion of the
Council. Such minimum pasture acreage shall
�not include low lying lands unusable for pasture or grazing.Any person keeping
such animals must comply with the provisions of Chapter 110."
5. Changes were made to the numbering when the Zoning Code was recodified in 1984.
Section 34.031 became Section 10.20 subd. 3(Nn. Section 30.040 became Section
10.02, Def. 65. Also, sections of Chapter 110 were either relocated to other sections
of the code or dropped. The provisions for a Livestock Commission were dropped.
6. In 1986, Def. 65 was revised as follows:
"65.Stables and Barns-Private. A building or structure used or intended to be used for
� , , ' the keepin¢of hoofed n;malc belonging to the
occupant of the property,and kegt for non-commercial nwposes.
„
Also in 1986, 10.20 Subd. 3(Nn was revised as follows:
"M. Animals. The keeping of domestic animals for non-commercial purposes including
horses for the use of the occupants of the premises,
f�wlamirane�a�oh > >- » + .�, i t �en c t ,
a vv .A
minimum of one acre in aggregate,exclusive of one acre for the principal building,must be
available for each animal unit,except as hereinafter set forth.A minimum of two acres of
open pasture must be available for a single horse,and one additional acre must be available
. for each additional horse. When the horses aze kept stabled and do not require pasture for
feed purposes,the minimum pasture requirement may be adjusted at the discretion of the
Council. Such minimum pasture acreage shall not include low lying lands unusable for
pasture or grazing.Any person keeping such animals must comply with the provisions of
the City Code."
Further, in 1986 a new section, 10.20 Subd. 3(1�was added to create a new conditional use
as follows:
_'N.Stables and Barns-Private The uce nf�accessorv building for kee '�u g animals for
noncommercial n�,m�cpc nr�vided it is for the non commercial use of the nronertv owner
9r resident and meets the available rea standardc utl' ed'n paragr�nh M of this subsection.
Further no such structure c all be located lecc than 150 feet from the ne rest adj ent
iesidence and no closer than 75 fePt fT�f.,rhP••.���o�r i..r u„o��
Note that Section 10.28, Subd. 4(A) was also revised so that "M. Animals" and "N.
Stables and Barns -Private" aze accessory uses in the RR-1B zone.
The reason for this exhaustive review of Code revisions is to assist in establishing at what
point certain items or activities may have become non-conforniing.
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