4.2 PCSR 04-24-2018
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Request for Action
To
Planning Commission
Item Number
4.2
Agenda Section
Public Hearings
Meeting Date
April 24, 2018
Prepared by
Chris Leeseberg, Senior Planner
Item Description
Joseph Eiler – 21268 York St. NW
Conditional Use Permit – Beekeeping, Case No.
CU 18-08
Reviewed by
Zack Carlton, Planning Manager
Reviewed by
Action Requested
Approve, by motion, a Conditional Use Permit with the following conditions to satisfy the standards set
forth in Section 30-654:
1. No more than eight (8) bee hives shall be allowed on the subject property.
2. The apiary shall be setback 20 feet from side and rear property lines.
3. The apiary shall be setback 30 feet from any right-of-way.
4. Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound
and useable condition.
5. Each colony on the apiary site shall be provided with a convenient and adequate source of water
which must be located within ten feet of each active colony on the applicant’s property.
6. Materials from a hive such as wax combs or other materials that might encourage robbing by
other bees shall be promptly disposed of in a sealed container or placed within a building or other
bee and vermin-proof enclosure.
7. For each colony permitted to be maintained, there may also be maintained upon the same apiary
lot, one nucleus colony in a hive structure not to exceed one standard nine and five-eights (9-5/8)
inch depth box, ten frame hive body with no supers.
8. Beekeeping equipment must be maintained in good condition, including keeping the hives free of
chipped and peeling paint if painted, and any unused equipment must be stored in an enclosed
structure.
9. Hives shall be continuously managed to provide adequate living space for their resident
honeybees in order to prevent swarming.
Background/Discussion
The applicant is seeking a Conditional Use Permit (CUP) to keep up to eight bee hives on the subject
property (property). The property is zoned Single Family Residential (R1-a) where the keeping of bees
requires a CUP on parcels which are smaller than five acres. The property is 4.21 acres in size which
contains approximately 2 acres of wetland out of a larger wetland complex.
The keeping of bees should not impact the wetlands and city staff has no concerns, in regards to
wetlands, at this time. Fences are not encouraged to be placed within wetlands. The ordinance requires
fenced pasture land for agricultural animals. Obviously fencing would be ineffective with bees and is not
proposed to be required.
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The average lot size of properties within 250 feet of the property is 4.74 acre. hose properties range in
size from 1.65 to 15.19 acres.
The proposed apiary (collection of beehives) will be about 30’ off of the rear property line and almost
centered within the property. The nearest house structure is approximately 420’ away from the proposed
apiary location. The nearest “yard” space is approximately 260’ away
The proposed apiary location is approximately 420’ away from the nearest house structure and
approximately 260’ away from the nearest “yard” space.
Applicable Regulation
In approving a Conditional Use Permit, the council may impose such specific conditions with regard to
the development or operation of the proposed use as it considers necessary to satisfy the seven standards
set forth in section 30-654 and the requirements contained in this article and to promote compatibility
with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city.
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or
the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city.
In order to avoid endangering, injuring, or detrimentally affecting the use and enjoyment of other
property in the immediate vicinity or the public health, safety, morals, comfort, convenience or
general welfare of the neighborhood or the city, staff recommends the following conditions:
No more than eight (8) bee hives shall be allowed on the subject property.
The apiary shall be setback 20 feet from side and rear property lines.
The apiary shall be setback 30 feet from any right-of-way.
Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound
and useable condition.
Each colony on the apiary site shall be provided with a convenient and adequate source of
water which must be located within ten feet of each active colony on the applicant’s property.
Materials from a hive such as wax combs or other materials that might encourage robbing by
other bees shall be promptly disposed of in a sealed container or placed within a building or
other bee and vermin-proof enclosure.
For each colony permitted to be maintained, there may also be maintained upon the same
apiary lot, one nucleus colony in a hive structure not to exceed one standard nine and five-
eights (9-5/8) inch depth box, ten frame hive body with no supers.
Beekeeping equipment must be maintained in good condition, including keeping the hives free
of chipped and peeling paint if painted, and any unused equipment must be stored in an
enclosed structure.
Hives shall be continuously managed to provide adequate living space for their resident
honeybees in order to prevent swarming.
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2. Will be consistent with the comprehensive plan.
The property has a land use designation of Residential which allows for a variety of uses, including
the keeping of agricultural animals, permitted or conditional. The use will be consistent with the
comprehensive plan.
Staff does not see a need to impose specific conditions to satisfy this standard.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
The property is part of the Greenhead Acres Subdivisions (1-3). The property was created in 1979
and there are no undeveloped properties in the surrounding area. The use will not impede the
normal and orderly development and improvement of surrounding vacant property.
Staff does not see a need to impose specific conditions to satisfy this standard.
4. Will be served adequately by and will not adversely affect essential public facilities and services including streets,
police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in
particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares.
Although the proposed apiary site is within a wetland, the use will be served adequately by and will
not adversely affect essential public facilities and services including streets, police and fire
protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in
particular, create traffic congestion or interference with traffic on adjacent and neighboring public
thoroughfares.
Staff does not see a need to impose specific conditions to satisfy this standard.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental
to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations.
The keeping of bees will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons or property because of excessive
traffic, noise, smoke, fumes, glare, odors, dust or vibrations.
Staff does not see a need to impose specific conditions to satisfy this standard.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
As no new construction is being proposed, the use will not result in the destruction, loss or
damage of a natural, scenic or historic feature of major importance.
Staff does not see a need to impose specific conditions to satisfy this standard.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for
the issuance of a license or permit to establish and operate the proposed use in the city.
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With the exception of fencing, the use will fully comply with all other requirements of this Code,
including any applicable requirements and standards for the issuance of a license or permit to
establish and operate the proposed use in the city.
Staff does not see a need to impose specific conditions to satisfy this standard.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in Section
30-654.
Financial Impact
None.
Statutory Review Period
Per State Statute §15.99 the required 60 day review period ends on May 25, 2018. If this item is not acted
on during the April 24, 2018, Planning Commission meeting, a 60 day extension will be required.
Council Meeting
If acted on, this item will go to the May 21, 2018, City Council meeting.
Attachments
Location Map
Applicant’s Narrative
Site Plan
Project Narrative
Detailed description/scope of project
What is being proposed?
I would like to keep up to 8 hives of bees on my property to use as pollinators for recently planted fruit
trees and maybe get a little honey as a bonus, nothing commercial. I live at 21268 York St NW (Parcel
ID: 75-505-0144) on 4.21 acres zoned R-1a. I would like approval for 8 hives, although my intent is to run
two sets of hives following that University of MN Bee lab’s strategy of splitting and re-queening each
spring. I would start with 2 hives in population building mode for the first season. After the first winter, I
would split both (now 4 hives total) and have the two old queens (with high populations) be honey
producing hives and the two new splits that were re-queened be building up. Over the next winter the
old hives would be left to die off and the new splits become the two old hives. This cycle then continues
year after year.
The request for 8 hives allows flexibility if a population grows too fast or if a colony starts becoming
aggressive. I can split and re-queen, and then allow the original colony to die off over winter to start in
spring with two strong hives to split.
How is the request consistent with City of Elk River Comprehensive plan?
Based on my understanding of the Comprehensive Plan plus borrowing some words from previous
Planning Commission submissions, Elk River strives to be a leader in sustainability practices including
native plantings, greenspace and natural resources manamgement. Bees area key part of agricultural
products and pollination of fruits, vegetables, flowers and plans. Also Beekeeping is included in the
Green Step Cities Best Practices plan for city sustainability. As a bonus, bees can contribute to
sustainable food choices through honey production.
Honey bees are currently classified as agricultural animals, but given their size and behavior some of the
city codes do not apply. Below is a listing of applicable codes and my interpretation of how they apply to
bees.
Section 30-1: Bees are classified as agricultural animals.
Section 30-803.e.1: Agricultural animals in R-1a on parcels less than 5 acres require a conditional use
permit.
There was recently some effort to put city code changes in place for beekeeping, but it has been tabled
with one of the main concerns being beekeeping on smaller lot sizes. Since my parcel is close to the 5
acres threshold, is located in a more rural setting, and I am only requesting a small number of hives I
believe my request falls into the spirit of the regulations.
Section 30-803.e.2: Number of animal units allowed is based on per acre of fenced pasture land.
Bees are not in the table so I use the average animal weight divided by 1000. This works out to about 3-4
million bees per acre, or about 35-50 hives per acres. I’m requesting 8 hives on 4.21 acres.
Section 30-803.e.3 Stables and barns: Agricultural animals need a shelter.
Modern beekeeping uses hive boxes with removable frames. There are no permanent structures
required.
Section 30-803.e.4: Agricultural animals need to be fenced in.
Not applicable to bees as a fence won’t contain them. A flyover barrier to increase the natural flight
elevation of bees is an option I considered. Given my proposed apiary location near the middle rear of
my lot and the surrounding tree cover, I do not believe a flyover barrier would provide much benefit.
Hours of Operation
This is just being done as a hobby with no commercial ambitions so no hours of operations for me. The
worker bees will only fly out for nectar during the daylight when temperatures are above about 50F
degrees.
Number of Employees
No paid employees. Although my daughter is really excited to get a bee suit.
Number of parking stalls, existing and additional
None.
Is there a proposed screening of the site?
No
Proposed building materials
No permament structures required. All my hive boxes will be western red cedar stained with a timber
sealant to help with aesthetics and weather protection.
How do they comply with applicable design standards?
I plan on using Langstroth based bee hive equipment which is the most popular beehive type used in the
US. Langstroth hives are a modular hive that is stacked vertically and uses removable frames for brood
and honey. Many hives are commonly painted light colors in warmer climates to prevent overheating,
but that is not necessary in Minnesota.
Signage
There will be no signage.
Is there outdoor storage?
There will be no outdoor storage. All