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5.6 PCSR 09-26-1995 ��� ---\ ITEM 5.6. ( "ity of _I MEMORANDUM ,lk RiverTo: Planning Commission FROM: Kendra Lindahl, Zoning Assistailli4111/*/1 DATE: September 26, 1995 SUBJECT: Conditional Use Permit Request by David Barents, Public Hearing, Case No. 95-21 Request Mr. Barents is requesting an amendment to Conditional Use Permit Case No. 91-7 which would allow him to keep two (2) horses on his property. Location 19101 Tyler Street, northeast corner of the intersection of Twin Lakes Road and Tyler Street. • Zoning/Land Use R1-a (Single Family Residential)/LR (Low Density Residential). Attachments • Land use map • Zoning map • Site plan • CU 91-7 • Compliance letter dated 8/23/95 • City Ordinance Section 908 - Regulation of Animals Background Mr. Barents is requesting a Conditional Use Permit amendment to keep two (2) horses on his property at 19101 Tyler Street, Elk River, Minnesota. The applicant received a Conditional Use Permit in 1991 (CU 91-007) which allows him to keep one horse on his property. When the City received a complaint that he had more than one horse, staff investigated and found that he exceeded the • number of horses allowed on his property. Mr. Barents was then advised that he could either remove the second horse from the property or apply for an 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 amendment to his Conditional Use Permit which would allow him to keep both • horses on the property. Analysis Agricultural Uses are a conditional use in the R1-a zone for parcels under 5 acres in size. The Barents property is 3.66 acres, but 1.03 acres is in the highway R.O.W. Therefore, the property only has 2.63 usable acres. The City Ordinance limits the number of horses allowed to one (1) horse per acre of pasture land, as per MPCA standards. The Barents currently have just under 1 acre of pasture. The Planning Commission should again look at the seven (7) standards for a conditional use permit as found in the Elk River City Ordinance Section 900.42. Staff has a couple of concerns with the addition of another horse to the property. The City Ordinance says that the standard is one horse per acre of pasture land, by allowing the second horse on this property, the number of horses would exceed the MPCA standards as well as the City Ordinance. The biggest concern with allowing two (2) horses on less than one acre of pasture land is the odor and waste associated with the addition of the second horse. Staff requested that Mr. Barents provide the City with information on how the additional waste • would be handled, but we did not receive that information. The complaint received by the City regarding this property was not a complaint about odor, rather, it was about the number of horses on the property. The complainant felt that the City was inconsistent in enforcing its ordinances and granting Conditional Use Permits. Staff has not received any other complaints about the property. However, the property to the west of Tyler Street is zoned Ric with city sewer and water. While odor has not become a concern yet, as this area develops, two agricultural animals on a property this size could become an even greater issue. Recommendation In Staffs opinion, this request does not meet the seven standards for granting a conditional use permit and, therefore, recommends denial of the Conditional Use Amendment to allow a second horse on the property based on the following findings: 1. The addition of the second horse will exceed the MPCA standard of one horse per acre of pasture land. If the amendment is granted, it will double the number of horses per acre and could detrimentally • affect the use and enjoyment of other property in the neighborhood. S:\PLANNING\KENDRA\CU95-21.DOC will double the number of horses per acre and could detrimentally 110 affect the use and enjoyment of other property in the neighborhood. 2. The increase in odor caused by the additional horse on the small lot could cause odor problems which will be detrimental to surrounding property owners. 3. The original Conditional Use permit (CU 91-007) was very clear about limiting Mr. Barents to one horse on the site. 4. The applicant's property is adjacent to the current urban service area and may, therefore, be inappropriate to have more horses on the property than allowed by ordinance. • • S:\PLANNING\KENDRA\CU95-21.DOC City Council Minutes May 20, 1991 Page 9 5.10. Conditional Use Permit Request by David Berants/public Hearing Case #CU-91-007 Janelle Szklarski, Zoning Assistant, indicated that David Berants is requesting a conditional use permit to have one horse on his 2 1/2 acre parcel of property. Al Nadeau indicated that the Planning Commission recommended approval of the conditional use permit for one horse. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. Councilmember Kropuenske indicated that he had received a call from a neighboring resident. He indicated that the caller expressed a complaint regarding the fact that the horse was not shod and, therefore, was riding on the lawns of the neighbors rather than the street. Ms. Berants indicated that the horse was not shod and that the horse has been riding in the ditches. She indicated that she does have plans to shod the horse. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT WHICH WOULD ALLOW THE APPLICANT TO HAVE ONE HORSE ON HIS PROPERTY LOCATED AT 19101 TYLER STREET NW, WITH THE FOLLOWING STIPULATIONS: • 1 . THAT THE SHED BE SETBACK 300 FEET FROM ANY NEIGHBORING DWELLING. 2. THAT ANY FENCED IN AREA BE SETBACK AT LEAST 200 FEET FROM ANY NEIGHBORING DWELLING. 3. THAT MR. BERANTS BE LIMITED TO ONE HORSE ON THE SITE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE.MOTION CARRIED 5-0. Mayor Tralle requested that the horse be shod so that it can ride in the streets, rather than in the ditches. 5.12. Conditional Use Permit Reouest by Assembly of God Church Mayor Tralle noted that although this item has been tabled at the request of the applicant until July 15, he would receive public input at this time. Al Fisher, 11946 196th Avenue NW, indicated objection to the request from Elk River Assembly of God Church to operate a daycare facility to accommodate up to 59 children. He stated he bought his property to be in a private area. He felt that the existing church has not kept the area surrounding the church clean and orderly and indicated that there were traffic problems relating to the church in the area. He further stated that the "garage" for which they received a permit • is a house. He stated that it is the intention of the Church that the "garage" be a residence for out-of-town guests. He questioned the long range intent of the Church. City of ¶1k Ri• ver August 23, 1995 David Barents 19101 Tyler Street NW Elk River, MN 55330 RE: NUMBER OF HORSES Dear Mr. Barents: I spoke to your daughter on the phone today about the number of horses on your property at 19101 Tyler Street NW. She indicated that, instead of removing one of the horses, you will apply for an amendment to your 1991 Conditional Use Permit. • Enclosed is a permit application and a schedule. The completed application is due at City Hall by August 29, 1995. Be sure to include a site plan that details the exact size of the pasture, as well as, information explaining how you will be dealing with the additional waste associated with the second horse. If you have any questions, please call me at 441-4900. Sincere y, - Kendra Lindahl Zoning Assistant • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 SECTION 908 - REGULATION OF ANIMALS 908 .00 - Purpose It is the intent of this section to establish regulations which will allow the keeping of animals within the City in a safe, clean and healthy manner. The City recognizes that certain types of animals require regulations and standards to assure that the health, safety, and welfare of the public is protected and to promote the compatibility of land uses as it relates to the keeping of animals . 902 . 02 - Scope Provisions of this section of the ordinance relate to the regulation of animals in the context of land use compatibility. These standards and provisions are not exclusive of other regulations set forth in the City Code. The provisions of any other ordinance, statute or rule which impose other or greater restrictions shall also apply. • 908 . 04 - Definitions 1. AGRICULTURAL USES : The use of land for growing or producing field crops, keeping or producing of livestock and livestock products and poultry. The term shall include incidental retail selling by the producer of products raised on the premises, provided that customer parking space is furnished off the public right-of-way. The term shall not include feedlots . 2 . ANIMALS : A. DOMESTIC ANIMALS : For purposes of this Ordinance, domestic animals shall be defined as traditional house pets such as dogs, cats and birds which can be contained within a principal structure, throughout the entire year, provided that containment can be accomplished without special modification to the structure requiring a building permit from the City. Domestic animals also include birds and rabbits normally sheltered outside the home. B. AGRICULTURAL ANIMALS : Animals which are used for the production of food or other products . Agricultural animals shall include cattle, hogs, bees, sheep, goats, chickens, • turkeys, horses and other animals commonly accepted as farm animals in the State of Minnesota. 9218 411 C. DANGEROUS ANIMALS: A mammal, bird or large or poisonous reptile with a propensity to be dangerous to the safety and welfare of any person, property or other domestic animal . Examples of such dangerous animals include but are not limited to, bears, lions, wolves, coyotes, cougars, tigers, panthers, apes, alligators, crocodiles, large snakes (greater than six (6) feet) , and poisonous snakes, badgers, and ocelots, excluding dogs, cats, other traditional house pets and livestock. Dangerous animals shall also include any animal that has attacked or bitten any person when said attack or bite was unprovoked. Animals which are cross-bred with dangerous animals shall also be considered dangerous animals. D. NONTRADITIONAL OR EXOTIC ANIMALS : Animals which are not normally considered to be domesticated but are not dangerous animals as defined herein. 3 . ANIMAL UNIT: A unit of measure used to compare differences in production of animal wastes which has as a standard the amount of waste produced on a regular basis by a slaughter steer or heifer. 4 . FEEDLOT: A confined area used for housing or feeding • poultry or livestock where substantial amounts of animal waste will be generated, but not including barns or pens which are accessory uses incidental to a farming operation. For the purpose of this Ordinance, feedlots shall include only those operations with more than ten (10) animal units. 908 . 06 - REGULATIONS 1. Agricultural Animals - The keeping of agricultural animals in the A-1 and R-la zoning districts is a permitted use and shall be limited to unplatted parcels which are five (5) acres or larger. In the R-lb, R-lc, R-ld and R-le districts, the keeping of agricultural animals is a conditional use and shall be limited to unplatted parcels which are ten (10) acres or larger. A. The number of animals permitted shall be limited to one animal unit per acre of pasture land as outlined in the following table: ANIMAL ANIMAL UNIT VALUE slaughter steer or heifer 1. 0 animal unit horse 1. 0 animal unit • mature dairy cow 1.4 animal unit 9219 swine under 55 pounds . 05 animal unit 410 swine over 55 pounds .4 animal unit sheep . 1 animal unit duck .2 animal unit turkey . 018 animal unit chicken . 01 animal unit * For animals not listed in this table, the number of animal units shall be defined as the average weight of the animal divided by 1, 000 pounds . B. Stables and barns. - All agricultural animals shall be provided a shelter under roof appropriately sized to accommodate the specific animal in a humane manner. No stable or barn in which agricultural animals are kept or maintained shall be located within 300 feet of a neighboring dwelling or platted area. In addition stables, barns, or beehives shall meet normal structure setbacks from property lines . C. Fences - Agricultural animals shall be enclosed in a pen or corral . Fences for pens, corrals, pasture or similar enclosures must 'be of sufficient height and strength to • retain such animals . No fence shall be located within 200 feet of a neighboring dwelling. D. Sanitation and health - Any stable or barn in which animals are kept or maintained shall be kept clean so as to prevent the transmittal of disease to other animals or persons . Manure shall be removed from confined areas with sufficient frequency and disposed of properly to avoid nuisances from odors, or breeding of flies. If manure is used as fertilizer, it shall be turned under immediately if possible, or as soon as the frost leaves the ground. Application of manure should be conducted in such a manner so as not to permit run-off towards surface waters . If the City finds that the manure and other waste materials create a nuisance by attracting flies, other insects, or rodents or by creating offensive odors, the City may order that the manure and other waste materials be removed within four (4) days of notice to the owner of the land. 2 . Dangerous Animals Prohibited: No person shall keep or be allowed to keep in the City any animal which is dangerous by nature as defined herein. • 3 . Nontraditional or Exotic Animals : 9.220 A. A person may keep a nontraditional or exotic animal as • defined herein only upon issuance of a conditional use permit in accordance with Section 900 .42 . In determining whether an animal is considered nontraditional or exotic, it shall be the responsibility of the applicant to supply the City with the necessary data and information to reasonably prove that the animal is not dangerous in captivity. This information shall be part of the public record and shall be discussed as part of the conditional use permit review. B. If a conditional use permit is approved which allows the keeping of a nontraditional or exotic animal, this use shall be at a minimum subjected to the agricultural standards as set forth in Section 908 . 06 (1) . In reviewing a request to keep nontraditional or exotic animals, the City may impose conditions and restrictions as it finds necessary, including but not limited to the following: i. Restrictions on the number and type of animals . ii . Setbacks greater than those required in Sections 908 . 06 (1) (a) and 908 . 06 (1) (b) . iii . Restrictions on the size, height and type of enclosures . • iv. Screening or landscaping of the proposed use. C. The applicant must also submit a copy of all permits required from the Minnesota Department of Natural Resources, United States Department of Agriculture, United States Fish and Wildlife Service, and any other governmental agency if applicable. 908 .08 - Administration and Enforcement. 1 . Code Administrator - The Building and Zoning Administrator shall conduct and supervise the administration and enforcement of this Ordinance. 2 . Inspection - The City may at any time inspect the lot and structures where animals are kept to ensure compliance with the conditions and restrictions of this Ordinance and strict compliance with the terms and conditions of a conditional use permit. 3 . Violations and Penalty. Any person, firm, corporation or voluntary association which violates any provision of this • Ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as defined by State Law. 9.221 r City of �a Elks' River ZONING MAP CU 95.21 CASE P.O. Box 490 • 11065 Orono Parkway Eik Rive:, MIN 5_=--0 -(612) ) —1-742_0 o SITE MAP r - CU 95-21 n C RiverP,O, Box 490.13065 Orono Parkwav • Flk Ri'v, uv