6.14 --�/
\ -
Item # 6.14.
y of ,/iItMEMORANDUM
lk1iverTO: Planning Commission
FROM: Stephen Wensman, Planner
DATE: May 25, 1999
SUBJECT: Request by Marc Bailey for a
Conditional Use Permit, Public
Hearing Case No. CU 99-15
Request
Please consider a request by the applicant for a conditional use permit for a
home occupation.
Location
19091 Zebulon Street NW, Elk River, Block 1, Lot 1, Village Estates.
•
Zoning/Land Use
Rlb (Single Family Residential) / MR (Medium Density Residential)
Attachments
• Location/zoning map
• Site plan
• Floor plan of detached garage
• Photos of interior
• Letter from applicant
• Letter of affidavit
• Letter from Police Department
• City Ordinance, Section 908 -Regulation Of Animals
Overview
The applicant requests a conditional use permit to operate Marc Bailey
Captive Bred Reptiles and Rodents, a home business to raise, breed and sell
lizards and rodents. According to the Elk River City Code, the keeping of
• exotic or non-traditional animals requires a conditional use permit. A
13065 Orono Parkway • P.O. Box 490 • Elk River,MN 55330 • TDD&Phone: (612)441-7420 •Fax: (612)441-7425
Memo to Planning Commission/CU 99-15
May 25, 1999
Page 2
• Conditional Use Permit is also required due to the proposed alterations to the
detached garage. The applicant has an attached garage for the parking of his
personal vehicles.
Proposed Business
According to the applicant, the animals will be raised in compliance with
state and federal guidelines (presently, there are no Federal or State
licensing procedures). The animals to be raised include non-venomous
snakes and laboratory rats and mice. As proposed, the rats and mice will be
kept entirely within an existing detached garage in escape proof cages in an
area secured so the animals cannot escape to the outside. As proposed, the
snakes will be kept in state of the art cages in a room within the home. The
applicant has indicated the detached garage will be properly ventilated,
heated, and the waste dealt with properly in a timely manner to prevent any
odor or chance of disease.
The applicant has no other employees at this time, but foresees having one
part time employee in the future. The business is primarily by mail (UPS)
with no walk in business. Deliveries of supplies will likely be once every six
weeks. There are no signs proposed for the business (See applicant's
• attached letter).
Elk River City Ordinance
City ordinance, section 908.04, regarding animals states that:
A person may keep a nontraditional or exotic animal as defined
herein only upon issuance of a conditional use permit....
No person shall keep or be allowed to keep in the City any
animal which is dangerous by nature as defined herein.
Examples of such dangerous animals include but are not limited
to, ... large snakes (greater than six (6) feet,...
Recommendation
Staff recommends that the Planning Commission recommend approval of the
conditional use permit for a conditional use permit for a home occupation and
to raise, breed, and sell laboratory mice and lizards with the following
conditions:
1. THAT THE HOME OCCUPATION BE PRIMARILY CONDUCTED WITHIN THE
• DETACHED GARAGE AND HOME.
f:\shrdoc\planning\stevewen\pcmmo\cu9915.doc
Memo to Planning Commission/CU 99-15
May 25, 1999
Page 3
III 2. THAT ALL CONCERNS OF THE CITY BUILDING OFFICIAL BE ADDRESSED,
INCLUDING APPLYING FOR AND RECEIVING A BUILDING PERMIT PRIOR TO
ESTABLISHMENT OF THE HOME OCCUPATION.
3. THAT THE AREAS USED FOR ANIMALS BE VENTILATED PROPERLY TO
PREVENT ODOR.
4. THAT THE ANIMAL WASTE BE PROPERLY DISPOSED OF AND IN A TIMELY
MANNER TO PREVENT ODOR OR DISEASE.
5. THAT THE HOME OCCUPATION BE LIMITED TO LABORATORY MICE, RATS
AND LIZARDS.
6. THAT THE HOME OCCUPATION BE LIMITED TO MAIL ORDER TYPE
BUSINESS ONLY.
7. THAT ANY KEEPING OF SNAKES BE LIMITED TO A SIZE OF SIX (6) FEET OR
LESS AS REQUIRED BY CITY CODE.
8. THAT THE ANIMALS BE KEPT IN STATE OF THE ART, ESCAPE PROOF CAGES.
9. THAT THE AREAS FOR ANIMALS BE KEPT CLEAN SO AS TO PREVENT THE
TRANSMITTAL OF DISEASE TO OTHER ANIMALS OR PERSONS.
•
•
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April 1999
To: The City of Elk River
I am applying for a conditional use permit
for a home occupation. The name of my business is
Marc Bailey Captive Bred Reptiles and Rodents .
All ofthe animals I raise comply with state
and federal guidelines and laws. Most of the
snakes will never exceed 4-5 feet in length and all
pose no threat to any human or house pet. I do
keep some boa constrictors that can obtain lengths
up to 8 feet but possess no threat. All snakes will
be kept in state of the art secured caging in a
contained room in the house. I do not keep any
poisonous (venomous) species .
I also raise laboratory strains of mice and
rats that will be kept in laboratory type
conditions in a detached garage. All mice and rats
are kept in escape proof laboratory cages in an
area that will be sealed• for escape or introduction
• of outside
At this point in time I have no employees,
however I do look forward to possibly having one
part time employee in the future. This is
primarily a mail order type business with no
walk-in type transactions taking place. I will
receive delivery of supplies approximately once
every six weeks .
Sincerely, ,
Marc Ba' ley
•
• 23 April 1999
Dr. Janell Osborn
759-5th Ave. So.
So. St. Paul, MN. 55075
(651 ) 455-6540
To Whom It Concerns:
Marc Bailey of Marc Bailey-Captive Bred Reptiles
and Rodents, runs a very clean and quality
conscience home base business.
Mr. Bailey is familiar with epidemiological
principles and applies them accordingly.
All of the animals in his care are looked at on a
regular basis and cared for in a humane manner.
There is no indication of infectious disease in
any of his animals.
111
Sincerely,
Janell Osborn, D.V.M.
Accreditation and Licensure by the
State of Minnesota: #13697
Memorandum
k/
To: Planning Commission
>.. From: Cheryl) Edinger, CPS
E 1kbRiver Date: 05-19-99
Police Department Subject: Request by Marc Bailey for a conditional use permit,
Public Hearing Case No. CU-9915
I have reviewed a copy of Mr. Bailey's request for a conditional use permit in the
City of Elk River. Although we don't want to deter anyone from establishing a
business in the city, there are several concerns which should be pointed out.
1) The police department is not trained or equipped to deal with reptiles or
amphibious creatures such as lizards or snakes. We do on occasion
dispatch stray snakes which wander onto private or public property, but
have no equipment to handle or contain either of these two species.
2) There is a secondary concern with Boa Constrictors. If the snake would
exceed 6' in length it could pose a hazard to small animals or even
411/ children. We would ask that no snakes be held in captivity whose length
exceeds 6'.
3) The commission may want to address who would insure compliance with
planning unit recommendations as this is a non-regulated or licensed
business.
4) It might be advisable to require a monitored burglar alarm system on the
premises to detect any tampering with the animals or cages.
The likeliness of mass escapes is most likely slim and even if it occurred, would
result in most of the creatures expiring due to climate or conditions. Infestation
issues, danger to the neighborhood, and biological concerns are fairly minimal.
The primary concern is our lack of both equipment and experience in dealing
with these particular species should the need arise.
•
13065 Orono Parkway • P.O. Box 723 • Elk River, MN 55330 • (612) 441-2324 • Fax (612) 441-8937
S
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.
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
9229
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 on
parcels which are five (5) acres or larger and a conditional use
on parcels which are smaller than five acres. In the R-lb, R-ic,
R-ld, and R-le districts, the keeping of agricultural animals is
a conditional use and shall be limited to parcels which are 5
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
swine under 55 pounds . 05 animal unit
swine over 55 pounds . 4 animal unit
sheep . 1 animal unit
duck .2 animal unit
turkey .018 animal unit
, chicken .01 animal unit
•
9.230
* 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. For
setback requirements see Section 900. 18 (2) .
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. For setback requirements see Section
900. 18 (2) .
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
._,\_fr-' allowed to keep in the City any animal which is dangerous by
nature as defined herein.
\\3.
Nontraditional or Exotic Animals:
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
9231
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.
•
9.232