D-6. Approve Ordinance Amending City Code Concerning StablesCITY OF C HANHASSE N
Chanhassen is a Community for Life-ProvidingforToday and Planning for Tomorrow
TO:
Todd Gerhardt, City Manager
FROM:
MacKenzie Walters, Assistant Planner
DATE:
May 8, 2017 p`if
SUBJ:
Amendments to City Code — Stables
PROPOSED MOTION
"The Chanhassen City Council approves the attached ordinance amending the Chanhassen
City Code concerning stables; and approves summary ordinance for publication purposes."
City Council approval requires a simple majority vote of the City Council; to approve the
publishing of a summary ordinance requires a four-fifths majority vote.
EXECUTIVE SUMMARY
1
On January 9, 2017, staff presented an issue paper to the City Council in response to concerns raised
about locating stables in Residential Single Family -District (RSF). Council directed staff to draft an
ordinance removing stables as an interim use in Residential Single Family Districts and to update the
city's stable ordinance. A public hearing was held on February 7, 2017, where the proposed
ordinance was tabled to allow for revisions based on public input. A second public hearing was held
on April 18, 2017, where the Planning Commission moved to recommend that the City Council
approve the amendment with several minor changes recommended by the public.
The proposed ordinance will:
1) Remove stables as an interim use permitted in RSF Districts to address the
incompatibility of new stables in small lot, single-family districts.
2) Add definitions of "Free Choice", "Mini -horse", and "Pasture" to increase the
ordinance's clarity.
3) Add mini -horses and alpacas to Chapter 5's definition of "horse" to clarify that the
Chapter's provisions apply to these animals.
4) Remove colt from Chapter 5's definition of horse to remove a redundancy.
5) Specify minimum constructed free access shelter required for each horse. This was done
because existing provision allowed for undefined natural shelters, and was unenforceable.
6) Revise pasture requirements for horses to clarify that it is fenced and designated land, not
the entire property, which should be used to calculate pasture area, and create different
requirements for grassed and dry lot pasture to ensure that horses have adequate nutrition.
7) Specify that applicants shall indicate if pasture is dry lot or grassed to allay concerns that
grassed pasture requirements would be imposed on all permit holders.
PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Todd Gerhardt
Amendments to City Code—Stables
May 8,2017
Page 2 of 2
8) Stipulates that no stable permit can be issued to a lot with less than 120 square feet of free
access shelter.
9) Clarifies language requiring stabling facilities be setback at least 100 feet from residential
structures to clearly state that applicant's residences were exempted from this
requirement.
10)Clarifies cleanliness standards to reduce chances for provision to be abused to detriment
of stable permit holders.
11) Add Section 5-107.—Preexisting Uses to ensure that conditional use permits, interim use
permits, and non-conforming use permits can continue at pre-existing intensities even if
they do not meet code's new pasture and shelter requirements.
These changes will address the incompatibilities caused by allowing new stables in small lot
subdivisions, and will also provide the city's Stable Inspector with concrete and enforceable
guidelines for issuing stable permits.
PLANNING COMMISSION SUMMARY
On April 18,2017,the Planning Commission held a public hearing to take public input on the
proposed changes to the stable ordinance. Several residents requested minor changes to the proposed
amendment,but otherwise indicated that the proposed changes were acceptable. The Planning
Commission voted unanimously to recommend that the City Council approve the ordinance with the
recommend changes.
On February 7, 2017,the Planning Commission held a public hearing to take public input on the
proposed changes to Chapters 18 and 20 of the Chanhassen City Code. Numerous residents attended
the public hearing and expressed concern regarding the proposed changes to the city's Stable
Ordinance. The Planning Commission tabled the proposed amendments to the Stable Ordinance and
directed staff to work with the city's current horse owners to resolve these concerns. All other code
changes were forwarded to the City Council and subsequently approved.
RECOMMENDATION
Staff recommends adoption of the ordinance amending the Chanhassen City Code concerning
stables.
ATTACHMENTS
1. Proposed Ordinance
2. Summary Ordinance for publication purposes.
3. Staff Report: Stables
G:\PLAN\City Code\2017\2017-02 Various\Stables\Executive Summary_Stables_CC.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING
THE CHANHASSEN CITY CODE
CHAPTER 1, GENERAL PROVISIONS,
CHAPTER 5, ANIMALS AND FOWL, AND
CHAPTER 20, ZONING
CONCERNING STABLES.
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 1-2 of the Chanhassen City Code is amended to read as follows by adding
the following definitions:
Free Choice Means the horse has a free and independent opportunity to access a structure
without human intervention. A horse must be able to voluntarily enter and exit said
structure. (5)
Mini-horse means a horse that is 34 inches or less in height at maturity. (5)
Pasture means a fenced area of real property for the grazing or keeping of horses, cattle,
goats, or sheep. A pasture may be grassed which means that it provides sufficient and
suitable vegetation for the feeding of a horse during the growing season or a "dry lot"
which does not provide sufficient and suitable vegetation for the feeding of a horse. In a
"dry lot"the horse must be fed to meet its minimum daily nutritional needs. (5)
Section 2. Section 5-86 of the Chanhassen City Code is amended to read as follows:
Section 5-86. —Definitions
In this article, "horse" includes horses, ponies,mini-horses,mules,burros, alpacas or
llamas
Section 3. Section 5-89 (a) (3) of the Chanhassen City Code is amended to read as follow:
Horses must be provided a minimum of free choice protection of a constructed shelter
from direct rays of the sun when temperatures exceed 95 degrees Fahrenheit, from wind
and from freezing precipitation for all horses. Constructed shelters must be a minimum of
240 square feet for the first two horses and 60 square feet for each additional horse. Four
mini-horses or alpacas are equivalent to one horse. Each additional mini-horse or alpaca
in excess of four mini-horses or alpacas would require a minimum of 15 square feet of
additional shelter area. Constructed shelters must be structurally sound, free of injurious
matter,maintained in good repair, and ventilated.
Section 4. Section 5-104 of the Chanhassen City Code is amended to read as follows:
Section 5-104 Conditions required for issuance.
a. A stable permit shall be issued by the city clerk upon approval by the stable inspector
if the following conditions are met:
(1) Minimum pasture acreage for horses shall be determined as follows:
(a) Grassed pasture two (2) acres per horse. Mini-horses and alpacas may reduce
the required grassed pasture to one-quarter(1/4) acre per mini-horse or alpaca. A
grassed pasture provides sufficient and suitable vegetation for the feeding of a
horse during the growing season.
(b) Dry lot 400 square feet of pasture per horse. Mini-horses and alpacas may be
reduced to 200 square feet of dry lot per mini-horse or alpaca. A"dry lot" does
not provide sufficient and suitable vegetation for the feeding of a horse.
The applicant shall specify on the permit what acreage of pasture is grassed and
what acreage is dry lot.
(2) No stable permit shall be issued for a lot of less than one acre, or a lot with less
than 120 square feet of free access shelter
(3) Pasture area shall be enclosed by a sturdy wood,metal, or electrical fence which
will keep the animal or animals confined within.
(4) All shelters and stabling facilities must be setback at least 100 feet from any
structure used for residential purposes, excepting those owned by the applicant.
(5) The shelter or stabling facility shall be so located so as not to create a public
nuisance.
(6) The shelter or stabling facility shall be clean and sanitary. Excessive feces, urine,
mud or other waste products must not accumulate within the housing enclosures or to
the extent that these cause unhealthy conditions.
(7) Keeping, storing, stabling, or maintenance of horses shall not directly contribute
to the pollution of any public body of water.
(8) Accumulations of manure shall be located at least 100 feet from any well.
(9) All accumulations of manure shall be removed at such periods as will ensure that
no leaching or objectionable odors exist, and the premises shall not be allowed to
become unsightly.
(10) The shelter structure shall be a minimum of 200 feet from any wetland.
Section 5. Section 20-107 of the Chanhassen City Code is amended to read as follows:
Section 5-107. —Preexisting Uses
Properties with a valid stable permit as of May 8, 2017 may continue renew their
stable permit in the following situations:
1) Non-conforming uses: The applicant may apply for a stable permit for
up to the number of horses allowed by a previous permit, subject to the
requirements of sections 20-71 to 91.
2) Interim use permit: Interim use permits for stables shall not be revoked
by a change in zoning. Holders of interim use permits may continue to
apply for and receive stable permits under the terms of their interim
use permit.
3) Conditional use permit: Holders of conditional use permits may
continue to apply for and receive stable permits under the terms of
their conditional use permits.
In any case where a property owner wishes to increase the number of horses
housed on the property beyond what was allowed by a previous permit, they must
meet the requirements of this article.
Section 6. Section 20-616 of the Chanhassen City Code is amended to read as follows:
Section 20-616- Interim Uses.
The following are interim uses in the"RSF" District:
(1) Reserved
Section 7. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this May 8, 2017 by the City Council of the City of
Chanhassen, Minnesota
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
(Published in the Chanhassen Villager on )
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
SUMMARY OF ORDINANCE NO.
AN ORDINANCE AMENDING THE CHANHASSEN CITY CODE CHAPTER 1,
GENERAL PROVISIONS,CHAPTER 5,ANIMALS AND FOWL,AND CHAPTER 20,
ZONING CONCERNING STABLES.
The purpose of these code amendments are to amend Section 1-2 to define"Free Choice"as
horse having voluntary access to structure without human intervention, "Mini-horse" as an adult
horse under 34 inches in height, and "Pasture" as a fenced area of real property for grazing or
keeping animals, either grassed or dry lot; to amend Section 5-86 to include mini-horses and
alpacas and remove colts from the existing definition of"horse"; to amend Section 5-89(a)(3)to
require horses be provided with free choice protection of constructed shelter, and specify the
space required per horse;to amend Section 5-104 to stipulate grassed and dry lot pasture
requirements,minimum free access shelter amounts, clarify shelter and stabling facility setbacks
for residential structures, and revise cleanliness and sanitation requirements; to add Section 5-
107 to specify that pre-existing uses may continue under current IUP or CUP, and that non-
conforming uses may continue at pre-existing intensities; and to amend Section 20-616 to
remove private stables from the list of interim uses in residential districts.
A printed copy of Ordinance No. is available for inspection by any person during
regular office hours at the office of the City Manager/Clerk.
PASSED,ADOPTED, AND APPROVED FOR PUBLICATION this 8th day of May,
2017,by the City Council of the City of Chanhassen.
(Published in the Chanhassen Villager on )
Y
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q e CITY OF CIIANIIASSEN
S Chanhassen isa Community for Life-Providing for Today and Planning for Tomorrow
N ,o ,
TO: Planning Commission
FROM: MacKenzie Walters,Assistant Planner
Bob Generous, Senior Planner
DATE: April 18, 2017
SUBJ: Amendments to City Code - Stables
Proposed Motion:
"The Chanhassen Planning Commission recommends that the City Council adopt the attached
ordinance amending the Chanhassen City Code concerning stables."
BACKGROUND
On March 20, 2017 staff sent every stable permit holder a letter stating that a second public
hearing would be held on April 18, 2017 and including a copy of the proposed changes.
Recipients were encouraged to contact staff with any concerns. Two recipients contacted us to
discuss the changes.
On February 23,2017 staff sent every stable permit holder a letter including a worksheet
showing how the proposed amendment would impact the different types of properties and
encouraging the recipients to contact staff with any concerns. Three recipients reached out to
staff to discuss the changes.
On February 7, 2017 the Planning Commission held a Public Hearing on the proposed
amendment to the city's stable ordinance. Due to concerns about the impact of the changes on
existing stable permits,the amendment was tabled and staff was directed to work with the permit
holders to address these concerns.
On January 9, 2017 staff presented an issue paper to the City Council in response to concerns
raised about the suitability of stables in Residential Single Family Districts. The City Council
directed staff to draft an ordinance removing stables as an interim use in Residential Single
Family Districts.
On August 16,2016 staff presented an issue paper to the Planning Commission in response to
concerns raised about the suitability of stables in Residential Single Family Districts. The
PH 952.227.1100• www.ci.chanhassen.mn.us • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Planning Commission
City Code Amendments— Stables
February 7, 2017
Page 2 of 6
Commission directed staff to draft an ordinance removing stables as an interim use in Residential
Single Family Districts.
The Planning Commission has review responsibility for Chapters 18 and 20. A public hearing is
required to make changes in these chapters. We are requesting that the Planning Commission
review the proposed revision to Chapter 20 related to stables in the Single-Family Residential
District and recommend an ordinance amendment incorporating the changes. In addition, we are
proposing changes to other chapters of the City Code related to the stable ordinance and are
presenting them to the Planning Commission for review and comments.
The proposed ordinance amendment would allow the existing stables to continue as they
currently are. However, any expansion of their stable permits and all new stable permits would
need to comply with these new regulations.
We have also included language that would allow stable permits operating under an interim use
permit to continue under the current terms of the permit. Typically, interim use permits become
void upon a change in zoning; however, since these permits are already structured to terminate
on sale of property, it was determined that it was appropriate to allow them to continue until that
time.
DISCUSSION
Chapter 1, General Provisions
Issue: Some definitions need to be added to better clarify the requirements and meaning of the
ordinance relative to stables and stable permitting.
Staff is recommending that we add definitions to help clarify the stable regulations in chapter 5.
Free choice means the horse has a free and independent opportunity to access a structure
without human intervention. A horse must be able to voluntarily enter and exit said
structure. (5)
Mini-horse means a horse that is 34 inches or less in height at maturity. (5)
Pasture means a fenced area of real property for the grazing or keeping of horses, cattle,
goats or sheep. A pasture may be grassed which means that it provides sufficient and
suitable vegetation for the feeding of a horse during the growing season or a "dry lot"
which does not provide sufficient and suitable vegetation for the feeding of a horse. In a
"dry lot" the horse must be fed to meet its minimum daily nutritional needs. (5)
Planning Commission
City Code Amendments—Stables
February 7, 2017
Page 3 of 6
Chapter 5,Animals and Fowl, Article III, Horses
Issue: As currently written, the standards for allowing horses on a property count the entire
property in meeting the requirements of the minimum standards for horses. However, it is only
that area of the property that is not built on with a house or other structures that would be eligible
for use as pasture or dry lot area that should be counted toward the minimum requirements.
Staff has been investigating clarifications to the ordinance that should be made to facilitate this.
Staff has been in contact the University of Minnesota Equine Extension Services to development
best management practices for stables and pasture land. Staff is recommending the following
changes to the ordinance:
Section 5-86
In this article, "horse" includes horses,eels, ponies, mini-horses,mules,burros, alpacas or
llamas.
Clarifies that mini-horses and alpacas are included in animals allowed as part of a stable permit.
Section 5-89 (a) (3):
Horses must be provided a minimum of free choice protection er of a constructed shelter from
direct rays of the sun when temperatures exceed 95 degrees Fahrenheit, from wind and from
freezing precipitation for all horses. Natural or Constructed shelters must be a minimum of 240
square feet for the first two horses and 60 square feet for each additional horse of sufficient
size to provide the necessary protection. Four mini-horses or alpacas are equivalent to one
horse. Each additional mini-horse or alpaca in excess of four mini-horses or alpacas would
require a minimum of 15 square feet of additional shelter area. Constructed shelters must be
structurally sound, free of injurious matter, maintained in good repair, and ventilated.
Clarifies the minimum size standard for acceptable shelters for horses.
Section 5-104 Conditions required for issuance.
a. A stable permit shall be issued by the city clerk upon approval by the stable inspector if the
following conditions are met:
Planning Commission
City Code Amendments— Stables
February 7, 2017
Page 4 of 6
(1) Minimum pasture acreage for two horses shall be 1Y2 acres, and for three horses shall be two
acres, and an additional one third acre shall be required for each additional horse determined
as follows:
(a) Grassed pasture two (2) acres per horse. Mini-horses and alpacas may reduce the
required grassed pasture to one-quarter (1/4) acre per mini-horse or alpaca. A
grassed pasture provides sufficient and suitable vegetation for the feeding of a horse
during the growing season.
(b) Dry lot 400 square feet of pasture per horse. Mini-horses and alpacas may be
reduced to 200 square feet of dry lot per horse. A"dry lot" does not provide
sufficient and suitable vegetation for the feeding of a horse.
The applicant shall specify on the permit what acreage of pasture is grassed and
what acreage is dry lot.
(2) No stable permit shall be issued for a lot of less than one acre, or a lot with less than 120
square feet of free access shelter.
(3) Pasture area shall be enclosed by a sturdy wood, metal, or electrical fence which will keep
the animal or animals confined within.
(4) All shelters and stabling facilities must be setback at least 100 feet from any structure
used for residential purposes, excepting those owned by the applicant.
(5) The shelter or stabling facility shall be so located so as not to create a public nuisance.
(6) The shelter or stabling facility shall be clean and sanitary. Excessive feces, urine, mud or
other waste products must not accumulate within the housing enclosures or to the
extent that these cause unhealthy conditions. such that it will not be a harborage for
rodents, flies and insects.
(7) Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the
pollution of any public body of water.
(8) Accumulations of manure shall be located at least 100 feet from any well.
(9) All accumulations of manure shall be removed at such periods as will ensure that no leaching
or objectionable odors exist, and the premises shall not be allowed to become unsightly.
(10)The shelter structure shall be a minimum of 200 feet from any wetland.
Clarifies the minimum pasture standards for horses.
Planning Commission
City Code Amendments — Stables
February 7, 2017
Page 5 of 6
Section 5-107.—Preexisting Uses
Properties with a valid stable permit as of[Insert Date] may continue renew their stable
permit in the following situations:
1) Non-conforming uses: The applicant may apply for a stable permit for the
number of horses allowed by a previous permit, subject to the requirements of
section 20-71 to 91.
2) Interim use permit: Interim use permits for stables shall not be revoked by a
change in zoning. Holders of interim use permits may continue to apply for and
receive stable permits under the terms of their interim use permit.
3) Conditional use permit: Holders of conditional use permits may continue to
apply for and receive stable permits under the terms of their conditional use
permits.
In any case where a property owner wishes to increase the number of horses
housed on the property beyond what was allowed by a previous permit, they
must meet the requirements of this article.
This section has been added to help address concerns raised by current stable permit holders over
this amendment's impact on their properties. Since the number of horses on site varies over the
years, staff wanted to make sure that permit holders who are currently on the low side of their
historic use are not locked into an atypically low number of horses.
Chapter 20, Article XII, "RSF" Single-Family Residential District
Issue: City code permits stables in the RSF district as an interim use. This type of use is a hold-
over from the time when the city was more agrarian and began rezoning land from R1A to RSF
district. At that time, there were more equine uses throughout the community. At one time,
there was even a commercial stable located in the vicinity of Bretton Way and Teton Lane in
north central Chanhassen. Over time, this area has been subdivided in to single-family homes.
In March 2016, the City approved an interim use for a property on Ridge Road. At that time, it
became apparent that this type of use was becoming less compatible with the increasing
residential nature of these areas.
City code would still permit stables in the Rural Residential and Agricultural Estate districts.
Planning Commission
City Code Amendments—Stables
February 7,2017
Page 6 of 6
Staff is recommending that Section 20-616 be amended as follows:
Section 20-616- Interim uses.
The following are interim uses in the "RSF" District:
(1) Reserved Private stables subject to provisions of Chapter 5, article III.
(2) Commercial stables with a minimum lot size of five acres.
Existing stables in this district would be permitted to continue(Mara Schottenbauer, Ann Nye
and Nancy Link). No additional stable permits would be allowed in the RSF District.
RECOMMENDATION
Staff recommends approval of the ordinance addressing the stable permits.
ATTACHMENTS
1. List of existing Stable Permits
2. Proposed Ordinance
3. Letter from Matthew Christensen
4. Letter from Schubert
5. Letter from Vogel
6. Email from Nye
7. Pt Letter to Stable Permit Holders
8. 2nd Letter to Stable Permit Holders
9. 3rd Letter to Stable Permit Holders
10. Permitted Horses Worksheet
11. Affidavit of Mailing
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING
THE CHANHASSEN CITY CODE
CHAPTER 1, GENERAL PROVISIONS,
CHAPTER 5,ANIMALS AND FOWL,AND
CHAPTER 20, ZONING
CONCERNING STABLES.
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 1-2 of the Chanhassen City Code is amended to read as follows by adding
the following definitions:
Free Choice Means the horse has a free and independent opportunity to access a structure
without human intervention. A horse must be able to voluntarily enter and exit said
structure. (5)
Mini-horse means a horse that is 34 inches or less in height at maturity. (5)
Pasture means a fenced area of real property for the grazing or keeping of horses, cattle,
goats, or sheep. A pasture may be grassed which means that it provides sufficient and
suitable vegetation for the feeding of a horse during the growing season or a"dry lot"
which does not provide sufficient and suitable vegetation for the feeding of a horse. In a
"dry lot"the horse must be fed to meet its minimum daily nutritional needs. (5)
Section 2. Section 5-86 of the Chanhassen City Code is amended to read as follows:
Section 5-86.—Definitions
In this article, "horse" includes horses, colts,ponies, mini-horses,mules,burros, alpacas
or llamas
Section 3. Section 5-89 (a) (3) of the Chanhassen City Code is amended to read as follow:
Horses must be provided a minimum of free choice protection of a constructed shelter
from direct rays of the sun when temperatures exceed 95 degrees Fahrenheit, from wind
and from freezing precipitation for all horses. Constructed shelters must be a minimum of
240 square feet for the first two horses and 60 square feet for each additional horse. Four
mini-horses or alpacas are equivalent to one horse. Each additional mini-horse or alpaca
in excess of four mini-horses or alpacas would require a minimum of 15 square feet of
additional shelter area. Constructed shelters must be structurally sound, free of injurious
matter, maintained in good repair, and ventilated.
Section 4. Section 5-104 of the Chanhassen City Code is amended to read as follows:
Section 5-104 Conditions required for issuance.
a. A stable permit shall be issued by the city clerk upon approval by the stable inspector
if the following conditions are met:
(1) Minimum pasture acreage for horses shall be determined as follows:
(a) Grassed pasture two (2) acres per horse. Mini-horses and alpacas may reduce
the required grassed pasture to one-quarter(1/4) acre per mini-horse or alpaca. A
grassed pasture provides sufficient and suitable vegetation for the feeding of a
horse during the growing season.
(b) Dry lot 400 square feet of pasture per horse. Mini-horses and alpacas may be
reduced to 200 square feet of dry lot per mini-horse or alpaca. A "dry lot" does
not provide sufficient and suitable vegetation for the feeding of a horse.
The applicant shall specify on the permit what acreage of pasture is grassed and
what acreage is dry lot.
(2) No stable permit shall be issued for a lot of less than one acre, or a lot with less
than 120 square feet of free access shelter
(3) Pasture area shall be enclosed by a sturdy wood, metal, or electrical fence which
will keep the animal or animals confined within.
(4) All shelters and stabling facilities must be setback at least 100 feet from any
structure used for residential purposes, excepting those owned by the applicant.
(5) The shelter or stabling facility shall be so located so as not to create a public
nuisance.
(6) The shelter or stabling facility shall be clean and sanitary such that it will not be a
harborage for rodents, flies and insects.
(7) Keeping, storing, stabling, or maintenance of horses shall not directly contribute
to the pollution of any public body of water.
(8) Accumulations of manure shall be located at least 100 feet from any well.
(9) All accumulations of manure shall be removed at such periods as will ensure that
no leaching or objectionable odors exist, and the premises shall not be allowed to
become unsightly.
(10) The shelter structure shall be a minimum of 200 feet from any wetland.
Section 5. Section 20-107 of the Chanhassen City Code is amended to read as follows:
Section 5-107. —Preexisting Uses
Properties with a valid stable permit as of May 8, 2017 may continue renew their
stable permit in the following situations:
1) Non-conforming uses: The applicant may apply for a stable permit for
up to the number of horses allowed by a previous permit, subject to the
requirements of section 20-71 to 91.
2) Interim use permit: Interim use permits for stables shall not be revoked
by a change in zoning. Holders of interim use permits may continue to
apply for and receive stable permits under the terms of their interim
use permit.
3) Conditional use permit: Holders of conditional use permits may
continue to apply for and receive stable permits under the terms of
their conditional use permits.
In any case where a property owner wishes to increase the number of horses
housed on the property beyond what was allowed by a previous permit,they must
meet the requirements of this article.
Section 6. Section 20-616 of the Chanhassen City Code is amended to read as follows:
Section 20-616- Interim Uses.
The following are interim uses in the "RSF"District:
(1) Reserved
Section 7. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this May 8, 2017 by the City Council of the City of
Chanhassen, Minnesota
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
(Published in the Chanhassen Villager on )
Matthew Christensen
10 Pioneer Trail
Chanhassen, MN 55317
February 1,2017
Chanhassen Planning Commission
7700 Market Blvd
Chanhassen,MN 55317
Dear Chanhassen Planning Commission:
Thank you in advance for your time in reviewing my concerns. I have been in contact with planning
department employees and have a remaining concern with the proposed horse stable code changes that
are scheduled to be discussed in the February 7th Planning Commission meeting. While I understand the
rationale for reviewing stable code, I am concerned specifically with the severe change to number of
horses permitted. I feel this change places an unnecessary restriction on property usage and has a
significant negative impact to property values.
While each property will have its own considerations, I'm best able to illustrate with our personal
situation. My family moved to a 6.67 acre Chanhassen property in 2010. Prior to even making a
purchase offer,we met with city staff from several departments to ensure the property we were
considering would permit us to fulfill our dream of owning horses. All indications were positive and we
were provided with existing code as a basis for this decision.
We invested in a 2,300 square foot wooden barn in 2011. At the time we were granted a variance that
allowed us to exceed the 1,000 accessory building square-foot limit. While we never anticipated
approaching the current limit of 16 horses on our property,this facility enabled us or future owners to
comfortably accommodate 7 full size horses.
We have had 2 horses on our property for the past six years. They are unable to keep up with our
existing pasture, so I mow the pasture several times each summer. We supplement their diet with hay
and feed over winter and on rainy summer days. As we have five riders in our family,we have been
interested in adding a third horse to our existing stable,but have not yet found the right horse. We have
also investigated the possibility of acquiring a llama for its educational value.
Under the proposed regulations our allowance for horses would be reduced from 16 to 2,which would
severely inhibit our ability to fully utilize our facilities and pasture. I understand the University of
Minnesota guideline is an average of 2 acres pasture per horse,but in doing so they are considering
pasture to be the only source of nutrition. They also acknowledge that each pasture and horse is
different in terms of production capabilities and nutritional requirements. Dry lots are considered an
Chanhassen Planning Commission
February 1,2017
Page 2
acceptable alternative to pasture. Existing stable permit holders in Chanhassen are successfully
exceeding these guidelines by supplementing the horses' nutritional needs with hay and feed throughout
the year.
In addition to limiting expansion, I believe the proposed changes may in some cases revoke the ability to
keep horses on even properties with existing stable permits. I understand there is an allowance that
existing stable permit holders could continue renewing their permits at current levels. It is my
understanding that the permit is assigned to the property owner rather than the property itself. As a
result,I believe properties may further lose or have their capacity removed at the point in time they were
sold to new owners. While the new guidelines allow one horse at two acres of pasture,it is not ideal to
keep a single horse. As social animals they thrive only when they have a companion, so properties
would require at least 4 acres of pasture to feasibly host horses.
Finally,please note there are existing provisions within city code addressing animal welfare,natural
resource pollution,public health,manure management,nuisance animals, animal containment,and
facility care that cover all imaginable negative impacts to the public. With that in mind, I don't feel the
reduction in permitted horses accomplishes any change except reducing the number of horses in
Chanhassen.
My only request is to consider altering the minimum pasture requirements proposed. Removing
unusable land from the calculation of available acreage is an understandable proposed change to the
code. Retaining the existing calculation of permitted horses per acre and applying it to the reduced
calculation of pasture acres available would be a reasonable compromise. The existing calculations are
2 horses for the first 1.5 acres or 3 horses for the first 2 acres. An additional 1 horse is permitted for
each additional 1/3 acre.
Thank you again for your time and consideration.
Sincerely,
7*-05201
Matthew Christensen
Charlene and Bill Schubert
9610 Meadowlark Lane
Chanhassen, MN 55317
Chanhassen Planning Commission
7700 Market Boulevard
Chanhassen, MN 55317
February 3, 2017
Dear Chanhassen Planning Commission,
Thank you for the opportunity to review the proposed amendments to the city stable codes. We would
like to raise the following concerns in advance of the meeting scheduled for February 7, 2017:
• Shelter requirements: The proposed size of 240 square feet for the first horse is not consistent
with the University of MN Extension Services recommendations. The University states a 3 sided
12'x 12' lean-to can provide adequate shelter for 1—2 horses.Additionally, as the number of
horses increases the run-in shed dimensions should increase by 12 feet per horse. (see
http://www.extension.umn.eduhgricultureihorse/careLdry-iot-and-sheler-sizes/)
• Free Choice: There are times for medical or maintenance purposes a horse should not have free
choice of shelter. (i.e. they should be confined to a stall for protection.) The free choice
requirement may not always be in the best interest of the animal. We propose changes be
made to accommodate confinement when the horse owner deems appropriate for medical or
property maintenance purposes.
• Dry lot/grass pasture: Does the code allow for dry lot OR grass pasture. Code should be clear
that either is acceptable and both are not required.
• Will future permits for existing stables reside with property owners or the property itself? If
with property owners,the proposed changes have significate negative impact to property
values. If ever sold, property owners should be able to realize their investment in the structures
they have added to their property.
Your thoughtful consideration of these concerns is greatly appreciated.
Best regards,
Charlene Schubert and Bill Schubert
Elizabeth (Liz) Vogel
105 Pioneer Trail
Chanhassen, MN 55317
Chanhassen Planning Commission
7700 Market Boulevard
Chanhassen, MN 55317
Feb. 6, 2017
Dear Chanhassen Planning Commission,
Thank you for the opportunity to review the proposed amendments to the Chanhassen City Stable Codes.
As a long-standing resident and horse owner in Chanhassen, and a 2016 online horse pasture establishment
and management certificate course graduate from the University of Minnesota, I would like to raise the following
concerns in advance of the meeting scheduled for Feb. 7, 2017:
Overall
Many of the shelter and dry lot/grass pasture amendments being proposed are based off of the University of
Minnesota recommendations when a horse/stable owner would like to use a pasture as the main source of food
for horses. They are not requirements and do not take in consideration using supplemental hay and feed for the
keep of horses, or the special considerations needed for horses who are medically determined should not be
kept on pasture.
Ideally, those of us who have started and remain in Chanhassen as horse/stable owners, provide a unique and
enjoyable experience for all Chanhassen residents, want to keep codes as is. Our goal for any amendment
should keep this in mind, and not make it harder for current owners to share this unique and educational
experience of keeping horses to all those who call Chanhassen their home.
Shelter Requirements
The proposed size of 240 square feet for the first horses is not consistent with the University of MN Extension
Services recommendations, nor match what is shared in the pasture management course where this number is
listed as a 'general rule of thumb,' not a minimum requirement. Another difference, is in a natural or constructed
shelter. The new amendments take 'natural' out of the code, where the course is still using a 'dense and natural'
tree line as sufficient shelter.
Dry Lot/Grass Pasture
Does the code allow for dry lot and/or grass pasture or does there need to be a distinguished difference?The
code should be clear that either are acceptable or that it doesn't matter and acres are acres whether a dry lot or
grass pasture. The focus should be on adequate feed and nutrition for the horses, rather than how that is
accomplished. There may be medical reasons why the horses are not allowed on pasture, and should allow for
these considerations in the best interest of the horse. In the pasture management course, they recommend
having both as options, but that is in ideal situations, where multiple acres are at play, and if an owner would like
to use a pasture as a main source of nutrition during growing months.
Allowance for number of horses
Under the new amendment, my allowance for horses (or llamas, etc.), would be greatly reduced, which would
severely inhibit our ability to fully utilize our facilities and pasture.
Grandfathering of permits
Will future permits for existing stables/horse owners reside with property owners or the property itself?And is it
for how we are currently utilizing the property or can we make adjustments under the grandfathered codes?
Your thoughtful consideration of these recommendations and concerns is greatly appreciated.
Sincerely,
Liz Vogel
Potter, Jenny
Subject: RE: stable permits
From:CenturyLink Customer[mailto:annnye@q.com]
Sent:Wednesday, February 08, 2017 9:56 AM
To:Aanenson, Kate<kaanenson@ci.chanhassen.mn.us>
Subject:stable permits
Hi Kate,
I wanted to thank everyone for listening to the concerns of the stable owners at last night's meeting. We are an
eccentric bunch but at heart, we all really care about our horses and our homes.
I have kept horses at our house in Chanhassen for over 30 years. The city has grown around us and believe me,
we feel the squeeze of suburbia. It's scary to think this might come to an end some day. When the rules change
and the noose tighten's around our necks, we feel the need to protect our little patch of earth. So thank you for
"grandfathering" our properties into the new rules.
I saw some eye-rolling over the details of mini horses vs. alpacas etc.but I hope the commissioners realize that
these things matter to us greatly. We may roll our eyes at their home-owner association squabbles or whether or
not their neighbor can have a clothes-line or park their boat in the driveway. But everybody's concerns are
important. In my case, if I can't keep my horses here I will have to move. And I don't want to leave my home of
30 years.
Kate I would appreciate it if you would please forward this to the Planning Commission members. I couldn't
find their emails on the city website.
Thanks very much,
Aim Nye
1641 W. 63rd St.
952-401-9015
1
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9 S e, CITY OF ClIANHASSEN
Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
4' H A �
February 8, 2017
Dear Stable Permit Holder,
As you may be aware,City of Chanhassen held a public hearing on Tuesday,February 7,2017 to discuss
proposed changes to the sections of the City Code which govern stable permits.Along with removing
private and commercial stables from the list of interim uses allowed in Residential Single Family Districts
were proposed provisions which established or revised the city's minimum standards for horse pasture
and shelter.Many of you expressed concerns regarding the clarity, consistency and potential impact of
these provisions.
City staff will examine the proposed ordinance and,at a minimum,revise the shelter requirements to
conform to University of Minnesota Extension's Equine Winter Care Shelter Guidelines(240 square feet
for the first two horses and 60 square feet for each additional horse)and clarify the requirements for
individuals seeking a variance from standards established by the ordinance. As staff continues to receive
your feedback and research this issue other revisions may also occur.
We thank you for taking the time to reach out to us,and want to make sure that your concerns are
addressed before resuming discussion on the proposed amendments. In order to clarify the impact of the
proposed revisions on your property,city staff will review your existing permit and site conditions.We
will provide you with a breakdown of what is permitted under the existing ordinance,what would be
permitted under the proposed revisions,and let you know if your current permit would become a legal
non-conforming use and what that means.
Reviewing these permits and determining the impact of the proposed revisions for each permit may take
several weeks. Once city staff has assembled this information,we will contact you and, if you are
interested, schedule a time for you to meet with us and individually address any questions or concerns that
you have.
Again,thank you for all of your valuable feedback on these proposed changes. Please expect to be
contacted no later than February 28,2017 with information about how the proposed revisions will
impact your property and existing stable permit.
Sincerely,
MacKenzie Walters
Assistant Planner
PH 952.227.1100• www.ci.chanhassen.nln.11s • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
,�
CITY OF ClIANHASSEN
9 S Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
H ft
February 23, 2017
Dear Stable Permit Holder,
City staff wants to address any concerns you may have about how the proposed stable ordinance changes
could potentially impact your property.We have included a worksheet with this letter which will help you
determine how these changes may affect your property.
We would like to encourage all of you to contact City Staff to go over any concerns you have about the
proposed revisions.Please contact MacKenzie Walters either by phone 952-227-1132 or email
(mwalters(a),ci.chanhassen.mn.us)to either go over the worksheet or set up an in person meeting to
discuss the revisions.
MacKenzie Walters
Assistant Planner
PH 952.227.1100• www.cLchanhassen.mn.us• FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Permitted Horses Worksheet:
1) What is your property zoned?
a. RSF:No expansion possible,may continue with current number of horses.
i. Was it issued as Interim Use Permit?
1. Yes: It will terminate on sale of home.
2. No:It is a legal non-conforming.You/future home owners may continue
with current number of horses(unless no horses kept for 1 year).
b. RR: Still conditional use(unless your use predates classification as a conditional use,in
which case it is a legal non-conforming.)
c. A-2: Still permitted accessory use.
2) How much pasture do you have?
a. Classify all as dry lot:Total pasture sq.ft.divided by 400 sq.ft.equals maximum number
of horses. (divide by 200 for mini-horses).
3) What shelter is available?
a. Free access constructed structures
i. 240 sq.ft. for first 2 horses,60 square feet for subsequent horses.Take shelter
size(combined)subtract 240,divide by 60 than add 2 to total for maximum
number of horses(1/4 for mini horses).
b. No free access constructed structures.
i. May continue with existing number of horses so long as you/future owners do
not go 1 year with no horses.May not increase number without meeting free
access shelter requirements.
4) How many horses does the new ordinance permit?
a. Either the maximum allowed by 2.a or 3.a,whichever is less,or the number you currently
have(if it is more than allowed by 2.a or 3.a).
5) If I do not meet the requirements and want more horses, can I have them?
a. If you can modify your property so as to meet the requirements of the new ordinance,yes
(except as limited by an existing Conditional Use Permit or Interim Use Permit).
b. If you cannot modify your property so as to meet the requirements of the new ordinance,
you may seek a variance establishing alternative standards(U of M Extension class
completion and standards).
Please note that in almost all cases the number of horses allowed on a property, will be determined
by the amount of free access constructed shelter available or number of horses allowed by the
current permit.
G:\PLAN\City Code\2017\20I7-02 Various\Stables\Memo to Stable Owners(Follow up).docx
♦ T Y 0
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CITY OF CIIANIIASSEN
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9 S Chanhassen is a Community for Life-Providing forToday and Planning for Tomorrow
NH A �
March 20, 2017
Dear Stable Permit Holder,
City staff has finished revising the proposed amendment to the stable ordinance. We believe that
the revised ordinance addresses the concerns which were raised during the public hearing on
February 7, 2017. Included with this letter is a summary of the proposed changes, a copy of the
proposed amendment, and another copy of the worksheet which was included in the previous
letter.
The worksheet is very similar to the one that was sent to you with the letter dated February 23,
2017. The only change relevant to calculating the number of horses allowed on a property is
requiring a minimum of 120 square feet of free access shelter for all new or expanding stable
permits. Additional information was added to the first question about zoning districts to help you
determine if your property is currently a non-conforming use.
Please review the proposed amendment and contact staff if you have any questions or concerns.
You can contact MacKenzie Walters either by phone at 952-227-1132 or by email at
mwalters@ci.chanhassen.mn.us to discuss the proposed amendment or to clarify how the
proposed changes will impact your property. You can also set up an in person meeting to discuss
these issues.
The Planning Commission will hold a public hearing for the revised amendment at 7:00 p.m. on
April 18, 2017. Staff encourages you to contact us before then if you have any concerns about
the revised amendment or how it will impact you as an individual, or if you have concerns about
how the proposed changes will impact stable holders as a group. Contacting us before the public
hearing will make it easier for us to address your concerns.
Thank you very much for your patience and input throughout this process.
Sincerely,
t4
MacKenzie Walters
Assistant Planner
Enc.
G:\PLAN\City Code\2017\2017-02 various\Stables\Memo to Stable Owners(Notice of PH).docx
PFl 952.227.1100• www.ci.chanhassen.mn.us• FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Summary of Changes from February 7,2017
• Specify that applicant shall specify what acreage of pasture is grassed and what acreage is dry
lot.
• Establish minimum of 120 square feet of free access shelter for new/expanded permits.
• Added language clarifying that shelter and stables must be 100' from any residential
structures not owned by the applicant.
• Removed provision allowing a variance based on alternative standards from an accredited
equine management course.
• Added a section explicitly stating how non-conforming uses,interim use,and conditional use
permits are to be treated.Essentially all may continue at existing level,but may not expand
without meeting the new standards.
Summary of Changes from Current
• Include mini-horses and alpacas in definition of horse.
• Specify minimum shelter standards for horses and mini-horses.
• Revise minimum pasture standards.
• Remove private stable as an interim use from single-family residential districts.
Permitted Horses Worksheet:
1) What is your property zoned?
a. RSF:No expansion is possible,may continue with current number of horses.
i. Do you have an Interim Use Permit?
1. Yes:It will terminate on sale of home.
2. No:Current use is legal non-conforming.You/future homeowners may continue
with current number of horses(unless no horses kept for 1 year).
b. RR: Still permitted as a conditional use
i. Do you have a Conditional use permit?
1. Yes:Do you meet the requirements of the proposed revisions?
a. Yes:You continue operating under the existing CUP and new
ordinance.
b. No:Your CUP is legal non-conforming.You/future homeowners may
continue with current number of horses(unless no horses kept for 1
year).
2. No:Current use is legal non-conforming.You/future homeowners may continue
with current number of horses(unless no horses kept for 1 year).
c. A-2:Still permitted accessory use.
i. Do you meet the requirements of the new ordinance?
1. Yes:You continue operating under the new ordinance.
2. No:Current use is legal non-conforming.You/future homeowners may continue
with current number of horses(unless no horses kept for 1 year).
2) How much pasture do you have?
a. Classify all as dry lot:Total pasture sq.ft.divided by 400 sq.ft.equals maximum number of
horses.(Divide by 200 for mini-horses).
3) What shelter is available?
a. Free access constructed structures
i. 240 sq.ft.for first 2 horses,60 square feet for subsequent horses.Take shelter size
(combined)subtract 240,divide by 60 than add 2 to total for maximum number of horses
(1/4 for mini horses).A minimum of 120 square feet of free access shelter is required.
b. No free access constructed structures or free access constructed shelter less than above minimums.
i. May continue with existing number of horses so long as you/future owners do not go l
year with no horses.May not increase number without meeting free access shelter
requirements.
4) How many horses does the new ordinance permit?
a. Either the maximum allowed by 2.a or 3.a,whichever is less,or the number you currently have(if
it is more than allowed by 2.a or 3.a).
5) If I do not meet the requirements and want more horses,can I have them?
a. If you can modify your property so as to meet the requirements of the new ordinance,yes(except
as limited by an existing Conditional Use Permit or Interim Use Permit).
b. If you cannot meetthe requirements of the new ordinance,you would not be able to increase the
number of horses beyond what was permitted by a previous permit.
Please note that in almost all cases the number of horses allowed on a property will be determined by the
amount of free access constructed shelter available or number of horses allowed by a previous permit.
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Kim T. Meuwissen,being first duly sworn, on oath deposes that she is and was on
April 6, 2017 the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy of the attached notice of a hearing to consider
Amendments to Chapter 1, Chapter 5, and Chapter 20,Zoning of Chanhassen City Code,
concerning stable permits within the city to the persons named on attached Exhibit"A", by
enclosing a copy of said notice in an envelope addressed to such owner, and depositing the
envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses of such owners were those appearing as such by the
records of the County Treasurer, Carver County, Minnesota, and by other appropriate records.
Kim M-. issen, Deputy lerk
Subscribed and sworn to before me
this Ce day of Apr) , 2017.
0dAr‘..
°'.,`, ,"• JENNIFER ANN POTTER
tary Public
�/ \ • Notary
t My CombPublic-Minnesota. en 31,
CITY OF CHANHASSEN
Notice of Request for Amendment to City Code Regarding Stables
Dear Stable Owner:
The City of Chanhassen is proposing amendments to City Code regarding stable permits. The city is proposing
amendments to Chapter 1, Chapter 5, and Chapter 20, Zoning of Chanhassen City Code, concerning stable
permits within the city. The Planning Commission will review this request at their meeting on Tuesday, April
18, 2017 at 7:00 p.m. You are invited to attend this meeting and provide comment on this request.
Comments may also be submitted prior to the meeting by email to MacKenzie Walters at
mwalters@ci.chanhassen.mn.us, or by phone at 952.227.1132, or in writing to Chanhassen City Hall, P.O. Box
147, Chanhassen, MN, 55317.
Documents regarding this request are available for review on the city's website at
www.ci.chanhassen.mn.us/pendingords.
If you have any questions or need additional information prior to the Planning Commission meeting, please
contact MacKenzie Walters with the Chanhassen Planning Department at (952) 227-1132 or by email at
mwalters@ci.chanhassen.mn.us.
CITY OF CHANHASSEN
Notice of Request for Amendment to City Code Regarding Stables
Dear Stable Owner:
The City of Chanhassen is proposing amendments to City Code regarding stable permits. The city is proposing
amendments to Chapter 1, Chapter 5, and Chapter 20, Zoning of Chanhassen City Code, concerning stable
permits within the city. The Planning Commission will review this request at their meeting on Tuesday, April
18, 2017 at 7:00 p.m. You are invited to attend this meeting and provide comment on this request.
Comments may also be submitted prior to the meeting by email to MacKenzie Walters at
mwalters@ci.chanhassen.mn.us, or by phone at 952.227.1132, or in writing to Chanhassen City Hall, P.O. Box
147, Chanhassen, MN, 55317.
Documents regarding this request are available for review on the city's website at
www.ci.chanhassen.mn.us/pendingords.
If you have any questions or need additional information prior to the Planning Commission meeting, please
contact MacKenzie Walters with the Chanhassen Planning Department at (952) 227-1132 or by email at
mwalters@ci.chanhassen.mn.us.
Anne Marcotte Richard Chadwick
7240 Galpin Blvd 420 Lyman Blvd
Excelsior, MN 55331 Chanhassen, MN 55317
Michael Gorra Leslie O'Halloran Charlene Schubert
1680 West 78th Street 710 West 96th Street 9610 Meadowlark Lane
Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
Matt&Sarah Christensen Teri Byrne Andrea Carty
10 Pioneer Trail 700 West 96th Street 675 Lakota Lane
Chanhassen, MN 55317 Chanhassen, MN 55317 Chaska, MN 55318
Karen Hasse Pheasant Creek Farms LLC Martin Schutrop
630 West 96th Street 1705 Flying Cloud Drive 540 Lakota Lane
Chanhassen, MN 55317 Chaska, MN 55318 Chaska, MN 55318
Elizabeth Vogel Chuck&Sandy Worm Gary Carlson
105 Pioneer Trail 760 West 96th Street 3891 West 62nd Street
Chaska, MN 55318 Chanhassen, MN 55317 Excelsior, MN 55331
Carol Dunsmore Sandra Kadisak Ann Nye
730 West 96th Street 810 Pioneer Trail 1641 West 63rd Street
Chanhassen, MN 55317 Chanhassen, MN 55317 Excelsior, MN 55331
Dave &Judy Walstad Paws, Claws & Hooves Pet Boarding
10071 Great Plains Blvd 10500 Great Plains Blvd
Chaska, MN 55318 Chaska, MN 55318
Nancy Link
6285 Ridge Road
Chanhassen, MN 55317