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HomeMy WebLinkAboutItem -20W.S. 02Memorandum To: Planning Commission From: Frank Dempsey, AICP Associate Planner Date: March 14, 2014 wprks-essi,3n m No. a City of Lakeville Planning Department Subject: March 20, 2014 Work session — Chickens in Residential Districts Background Planning Department staff has received numerous inquiries from the public to allow the keeping of chickens (specifically laying hens) and other farm animals in single family residential zoning districts. The Zoning Ordinance defines chickens as farm animals which are allowed only on farm properties in the AP, Agricultural Preserve District, RA, Rural Agricultural District or the RAO, Rural Agricultural Overlay District. The Planning Commission discussed this issue as part of their overall Zoning and Subdivision Ordinance amendment process in 2011/2012. At that time, the Planning Commission decided to not consider an amendment to the Zoning Ordinance regulations concerning the keeping of farm animals. Because of numerous recent inquiries about the keeping of chickens in residential district, the City Council discussed the issue at their work session on February 24, 2014 and directed staff to bring this discussion to the Planning Commission for the purpose of amending the Zoning Ordinance to allow chickens in residential districts subject to specific performance standards and restrictions. The draft February 24, 2014 City Council work session minutes are attached for your reference. Whether it is a desire to provide local sustainable agriculture or a desire to raise hens as pets, there has been an increase in the number of people expressing interest in keeping some farm animals on their single family home properties. Some cities have seen increased interest from the public in allowing some farm animals, including chickens, bees and other poultry for pets or as a means of producing food on single family residential lots. Most requests are for four to six hens or a small number of bee hives. Any change to the Zoning Ordinance to allow the keeping of chickens should include regulations to prevent nuisances, protect the health and well-being of the animals, and minimize any potential negative impact to nearby properties. The Minnesota Department of Health does not consider back yard chicken flocks to be a health risk provided that the chickens are raised in a clean, isolated and well maintained environment. Research that was conducted of nine cities in the Twin Cities metropolitan area that are adjacent to or similar in character to Lakeville in regard to population and growth characteristics shows there are a variety of rules and regulations pertaining to the keeping of chickens in residential areas. Of the nine cities studied, three do not allow the keeping of chickens outside of rural residential or farm properties. Burnsville, Farmington and Eagan now allow chickens in residential areas subject to minimum coop and run design standards as well as requiring permits and regular inspections by city animal control officers. None of the cities, except Eden Prairie, allow the keeping of bees (apiaries) residential zoned properties. The cities that allow chickens in residential areas allow them by either an interim use permit (requiring a public hearing), administrative permit or licensing (staff approvals) or requiring no permit at all. Permits help ensure that persons keeping chickens submit plans and provide confirmation that they understand the city's regulations for keeping the animals. The non - permit approach relies solely on enforcement on a complaint basis. Staff contacted the six cities that allow the keeping of chickens finding that none of those cities have issued more than a small number of permits since amending their ordinance to allow chickens in residential areas. None claimed any significant complaints by neighbors in those cities. Exhibits 0 Comparison Table of Other Cities Regulations 0 October 17, 2012 Sun This Week Article (Eagan) 0 March 21, 2013 Sun This Week Article (Farmington) 0 March 6, 2014 Sun This Week Article (Apple Valley) 0 November 2, 2010 Star Tribune Article 0 November 14, 2010 Parade Magazine Article 0 November 17, 2011 Planning Commission Work Session Notes 0 Pioneer Press Article (publication date unknown) 0 June 24, 2013 Star Tribune Article 0 September 22, 2013 Pioneer Press Article 0 January 21, 2014 Star Tribune Article 0 Draft February 24, 2014 City Council Work Session Minutes SUMMARY Staff is requesting Planning Commission discussion and recommendations for performance standards for the keeping of chickens in residential districts. Staff will then draft a Zoning Ordinance amendment to present to the Planning Commission at a future public hearing. 2 V I W U 0 W J /a^ v I LL O (n O Lncal O z O P D 0 W M N L C C f0 a Bu AR a� n E Y C f�6 LL -a C CL 2- a w N Y L CCO ° Gv1 OQc`�i ^v $ �Uc u' a ° ccN c o� Q O oo �Q To3:�o ° z z zz o _ - m to a�' i 46 <. .7 '7 L 0 c Z O c O C ZQ Q Q Q Q Q Q Q z C O N Q Z z z z z z z � y z :3 2 n Q U � Q Q T Tu > N i' z Z Z p •� Z Z z N° y Q U ° Q a Q a a a a a a a a z z z z z z z z z z z z N w E N N •�•p x N C C p j„O O u y C M++.te a -+Y �t r g fr _@ 49 `C E }LnC z z c L ��40 z v > .5.>-- c N° Ul C m f0 n 7 r- m y C y gw to ° 4m W D O .2 � € Qi f0 Ln c OQ�v L ;O f0 O cy C C z z a 2rn � Z d CL .� w E d ° Ln N m t71 N O ` J7 � ca"o'c E_ c E �' c c W Q K f LnO o Ln E N D O y %D X w _ ° Q y o z } L i C 3 co _ CL o o Z O Z m C `ap9 .a N c U C Z O C 8 J Z E D O O o OLcv _ th M :E � U C f O ° C O 01 J M yC N C -2 N i C U 2 G E ° m y a_i N \ a L +' C C z p O N t7 'CA Gl C '7 °oLL n O y �S�cyg�gSwQ. p �j Om �' c v a 7 C G) «, ma �i 0 cti o E c c �i c 3� c }� O �L f f Q O z Q z OQ z z Q z Q z ¢ z Q z Q z Q z Q z z C� v $ II p p C ro a I 11< 11,111 � £ w£I] ac of z �' aJr �u M N L C C f0 a Bu AR a� n E Y C f�6 LL -a C CL 2- a Planning Commission Work Session November 17, 2011 detrimental impact on the aesthetics of the freeway corridor and the existing retail businesses in the Freeway Corridor District that have complied with the 30 foot maximum freestanding sign height. The Planning Commission directed staff to work with the property owner to identify options that would allow greater visibility of the Goodwill pylon sign to freeway motorists while working within existing Zoning Ordinance requirements. Potential Zonina and Subdivision Ordinance Amendments Staff went through the list of 32 possible Zoning and Subdivision Ordinance amendments listed in the revised planning memorandum dated November 9, 2011. The Planning Commission commented on the following proposed amendments: #1 — Agreed provided the number of administrative extensions for preliminary plats is limited. #2 — Agreed provided the City Council can refer the final plat to the Planning Commission if it is determined there are issues that need more extensive review and discussion. #3 — The submittal of building floor and elevation plans and a comprehensive sign plan should apply to commercial and industrial, not residential, plats. #6 — Specifically listing Quik Brik as a Grade A exterior building finish should be limited to larger sized commercial buildings, should be reviewed by the Economic Development Commission, and should be considered after the construction of WalMart is complete. #10 — Tie the driveway paving requirement to a minimum detached accessory building size and/or overhead garage door size (large enough to store or get a car in and out of). #13 — Input should be obtained from the owners of homes with buffer yard berming and landscaping, not just residential developers. Consider "saddle berms" as an option. #18 — Tie the animal feedlot regulations to the one horse per acre requirement. #22 — Input must be obtained from the Fire Marshal prior to amending the ordinance concerning propane tank exchanges. Not in favor of amending the ordinance to allow unattended clothing donation boxes. #25 — Concerns were raised about allowing doggie day care in multi -tenant commercial and industrial buildings. �.� #28 — Not in favor of allow chickens on urban residential lots. Willing to host a work session to listen to the arguments of the urban chicken advocates. The issue should also be reviewed by the City Council at a work session. #29 — Supports that City staff continue working with Dakota County to gain allowance of the MN Logos trailblazer signs in County right-of-way. #30 — Any increase in freestanding and wall sign allowances in the O -R District should be tied to the size of the building and the use of the property. #31 — Supported allowing multiple wall signs for each tenant of a multi -tenant industrial building provided the total wall sign area is limited to 15% of the building fagade for each tenant space, similar to previous wall sign regulations for commercial and industrial buildings. #32 — Consideration should be given to restricting the hours of operation for manufacturing uses, if they are going to be allowed back in the OP District, especially adjacent to residential uses. E SunThisweek I Eagan to allow backyard chickens Page 1 of 2 I& sunthisweek.com http://sunthisweek.com/2012/10/17/eagan-to-allow-backyard-chickens/ Eagan to allow backyard chickens By Jessica Harper New ordinance amendment to allow five chickens on residential property By the end of this month, Eagan homeowners will be able to raise chickens in their backyards thanks to an amended city ordinance. On Oct. 16, the City Council unanimously approved an ordinance amendment to allow residents to raise a few chickens on residential property. Mayor Mike Maguire and Council Member Cyndee Fields were absent. "This will be educational for the families who have chickens, and for that reason I support this," said Council Member Gary Hansen, who grew up on a farm that raised chickens and other animals. The decision is welcome news for Eagan resident Barb Harpster, who plans to raise a small number of chickens in her backyard. "I'm very glad we are joining other cities in allowing chickens," Harpster said. "They're great for organic gardening." Harpster, who grows a variety of heirloom vegetables and flowers, noted that chickens provide natural pest control and fertilizer. "The educational value to my kids is wonderful," said Harpster, who has two children. "It's a great way for them to learn about animals and responsibility." The issue was brought to the City Council in June by some residents who challenged the city's current ordinance prohibiting chickens and other farm animals in nonagricultural areas. The amendment, which is set to go into effect Oct. 26, allows residents to raise up to five chickens in the backyard of a single-family home. Residents will be prohibited from raising chickens at townhomes or apartments, and will be prohibited from keeping roosters on residential property. The amendment also prohibits the slaughter of animals and the sale of eggs on residential property. Backyard chicken owners will be required to have fences to keep the birds within the property and to "reasonably" match the exterior of the chicken coop to the home's finish. The amendment requires chicken coops to have a 10 -foot setback from property lines and a 25 -foot setback from dwellings. http://sunthisweek.com/2012/10/17/eagan-to-allow-backyard-chickens/ 3/12/2014 SunThisweek I Eagan to allow backyard chickens Page 2 of 2 Residents are required to obtain a $50 permit, which can be revoked if the owner fails to comply with requirements of the ordinance or of the homeowners' association. Residents will be required to have their property inspected to obtain a permit and a renewal. The permit fee is consistent with the city's fee for pigeons on residential properties. Council Member Paul Bakken suggested that city officials examine lowering the permit fee in the future if feasible. Chickens won't be allowed in homes or garages due to health concerns. According to the University of Minnesota Extension, which studies agricultural issues, humans can contract bacterial and respiratory infections by keeping chickens in their living spaces. Though Avian flu is a common concern, there are no cases being transmitted from birds to humans in the United States, according to the U of M Extension. Although residents will not be required to inform their neighbors before acquiring chickens, Bakken encouraged people to work with their neighbors out of courtesy. Eagan's amendment is consistent with chicken ordinances in other cities. To date, 14 Minnesota cities have adopted ordinances allowing small numbers of chickens in residential areas. Although most neighboring cities don't address coop space for each chicken, Eagan's ordinance will require coops to have a minimum of 2 square feet of interior floor space for each chicken. This isn't the first ordinance change to allow new pets within Eagan. The council previously amended an ordinance to allow pet pigeons in residential backyards. http://sunthisweek.com/2012/10/17/eagan-to-allow-backyard-chickens/ 3/12/2014 SunThisweek I Make way for chickens with Farmington ordinance Page 1 of 1 W sunthisweek.com http://sunthisweek.com/2013/03/21/make-way-for-chickens-farmington/ Make way for chickens with Farmington ordinance By Theresa Malloy Urban residents can have up to three chickens with permit After two years of debate, Farmington residents in urban areas can now raise chickens in their own backyards under an ordinance passed at the City Council meeting March 18. The initial draft of the ordinance allowed for a maximum of six chickens, but Council Member Christy Jo Fogarty and Mayor Todd Larson thought it was better to start out with three chickens, citing community concern. Fogarty said she had almost a dozen negative calls about the ordinance. "I am trying to balance what I heard," she said. "I don't care for it," Larson said, "but I do understand the need the community is bringing forward. I am willing to try it for a year." Not all supporters were squawking with excitement about the change. "I am disappointed, but at least it's something" said Annabelle Randow, 15. Annabelle and her brother, Stefan Randow, 12, were two of a handful of Farmington youths who supported the ordinance. "The original ordinance we drafted for the Planning Commission said five chickens," Stefan said. "They said we can do six and were confident it was going to pass." Lerew Kass, 14, another supporter, said he was surprised to hear about complaints. Besides one negative email sent to the city, he said he never heard from any dissenters. At the March 12 public hearing, only supporters showed up, said Tony Wippler, assistant city planner. The ordinance passed unanimously with the three -chickens limit, but council members Doug Bonar and Jason Bartholomay thought six chickens was an OK number. Bartholomay said he did not think three chickens was enough for people who wanted to get eggs. Bonar, who worked on the Planning Commission in past years reviewing the ordinance, said, "I'm confident that this has been thoroughly vetted in the last two years." He agreed to three chickens "in the interest of world peace." The council will review the ordinance after a year and keep track of complaints. Council members said they would consider more chickens in the future. People who apply for the Urban Chicken Permit will have to go through a public hearing process before the permit is approved. The city provides specific regulations about where the chickens will be kept and enclosure specifications. After a year, the permit will be administratively renewed after a city inspection. http://sunthisweek.com/2013/03/21 /make-way-for-chickens-farmington/ 3/12/2014 SunThisweek I Council: No backyard chickens in Apple Valley Page 1 of 1 4 sunthisweek.com http://sunthisweek.com/2014/03/06/council-no-backyard-chickens-in-apple-valley/ Council: No backyard chickens in Apple Valley By Andrew Miller There will be no cock-a-doodle-doo-ing coming from Apple Valley homes for the foreseeable future, with the City Council last week voting to affirm a ban on backyard chickens and other farm animals at residential properties. The vote followed a review of the city ordinance pertaining to household pets and farm animals that was prompted by a number of residents expressing interest in keeping chickens and goats at their single-family homes. The city's Urban Affairs Committee held a public comment meeting in September of last year that drew 35 people, with many expressing an interest in keeping chickens in order to have some flexibility in raising their own food. A handful of residents who spoke in opposition to backyard chickens and other animals at the September meeting cited concerns about noise, smells, the potential for conflicts between neighbors and impact on real estate transactions. The council, in affirming the residential farm animal ban last week, also updated the ordinance to include a prohibition on wild animals such as bears, raccoons and poisonous snakes. The new ordinance amendment also makes a provision for ferrets. Ferrets are now classified among acceptable household pets, and the total number of dogs, cats and ferrets is limited to no more than six per residence (with a maximum of three of any one type of animal). Apple Valley is not alone in its backyard chicken prohibition. According to a 2012 survey of 52 metro municipalities that was conducted by the city of Cottage Grove, about two-thirds of the cities surveyed do not allow the keeping of chickens on urban residential lots. Among Apple Valley's municipal neighbors, Eagan allows residents to have up to five chickens on their property; Lakeville currently does not allow chickens at residences, though that policy is now under review. http://sunthisweek.coml2014/03/06/council-no-backyard-chickens-in-apple-valley/ 3/12/2014 Format Dynamics:: C1eanPrint :: http://www.startribune.com/local/west/106572198.html?eh=KArks:D... Page] oft StarTribunexom Bloomington City Council softies chicken flap Hens can stay - as long as owners keep them 50 feet from property lines. Fowl fans had hoped for 30 feet. By MARY JANE SMETANKA1, Star Tribune Last update: November 2. 2010 - 10:35 PM Bloomington's long-running chicken debate ended with a dispirited squawk for chicken lovers when the City Council on Monday approved an ordinance change that allows about 21 percent of the properties in the city to keep hens. Set on making sure that neighbors are not bothered if the people next-door decide to keep hens, the council decided that chicken coops should be at least 50 feet from residential property lines. Council Member Amy Grady proposed the setback, which is half what it was in old rules that date from the 1950s. "I have no problem with having chickens on lots as long as they don't bother the neighbors," Grady said. Advertisement People who want to keep chickens have been vocal, starting a Facebook page to support Bloomington hens in advocating for a 30 - foot lot setback. Opponents have been just as active in letting council members know what they think, Grady said. "We have to balance those who want them with those who don't want them," she said. Council Member Karen Nordstrom said she saw allowing hens as part of the local food movement and "another step to making Bloomington a little better place to live." But Mayor Gene Winstead and council Member Vern Wilcox said they were not comfortable with having farm animals in a suburb. Council Member Steve Peterson said he considered the 50 -foot rule a good way to see how chickens work out. He assured chicken supporters in the audience that if no problems develop, perhaps the rule could be loosened in the future. Bloomington resident Jeanie Mellem, who became the public face of chicken advocates when she was cited last spring for illegally keeping four hens in her backyard, said Tuesday that the decision was "silly." The new rule is so restrictive that few people will be able to keep hens, she said. A 30 -foot Print Powered By ? Dynamics httn://www.�tarhihune.com/t.emnla.tes/ftien?l 298966792976 ]1/.3/2010 Format Dynamics:: C1eanPrint :: http://www.startribune.com/local/west/106572198.html?elr=KArks:D... Page 2 of 2 Sta-dribunexom setback would have allowed 96 percent of the residential properties in the city to have hens. "It just doesn't make any sense to me at all," Mellem said. She said she is not sure if she will be able to keep her chickens, and had contacted the city to see how measurements in her irregular lot would work. While she said she is confident she can find good homes for the hens if they need to go, she said she also is considering moving to another property that would be big enough to keep the hens she calls "the ladies." Mary Jane Smetanka - 612-673-7380 Shortcuts To Links In Article 1. http://ezuri.co/4b41 Advertisement Print Powered By cif Y httn•/%xnxnxr ctarfrihnnP rnm/tPmnlatac/fr1rn91'�RRR(1(�'7R747K 1 1 l�J?(11(1 ........................................................................ Backyard Chickens...................................................................... Cheep Chic Ins iburban backya7ds across Arwriea, chickens are coming hmne to most by Joanne Kmq�nan —7—N LIZABUMLAMPERT'S 1 daughter, Siena, wanted a horse. "But that would have been expensive," says Lampert, the owner of a public -relations agency just outside San Francisco. Instead she went to a local hay -and -feed store and bought the 10 -year-old a pair of chickens. "Then Siena thought they were getting lonely, so we got three more." Lampert pays her daughter $2 a day to feed them, herd them back into their coop every night, aid collect their eggs, generally two or three a day. "Che eggs are amazing," Lampert says. "They taste rich and creamy. The yolk—it's very orange. Siena used to ask for cereal for breakfast. Now she wants a veggie omelet." "MY daughter used to ask for' cereal for breakfast. Now she wants a veggie omelet.' Lampert is among the thousands who have muddied the line of demarcation between urban and rural America over the last few years, who've brought the 8 • November 14, 2010 cluck, cluck here and the cluck, cluck there of Old MacDonald's farm to their urban and suburban backyards. Municipalities like Detroit, perhaps concerned about the possibility of noise, fowl odors, and abandoned chickens, prohibit them. Others, including Spokane, have significant restrictions on coop construction. But a long list of cities—including Seattle, Chicago, New York, and Portland, Che.—are perfectly fine about being home for the (free) range, at least for hens. "Many people want to become more self-sufficient," observes Rob 0 0 Hen party: Besides laying eggs, chickens eat rugs and weeds— and provide fertilizer. Ludlow, founder of the community website BarkYardChickens.com. "Having a handful of egg -laying hens in a relatively small yard allows people to participate in the grow -local movement without having to move." Ludlow has no precise figures on the number of backyard -chicken owners in the U.S., but when he created his website three years ago it had only SO members; now, he says, there are more than 70,000. According to Ludlow, "There's a growing awareness of how fun and easy it is to raise backyard chickens, plus a growing realization that chickens are a multi-purpose pet. They eat the bugs and weeds in your yard, and they generate fantastic fertilizer." Of course, they also provide your breakfast. But generally not your dinner. "I would never eat one of my chickens," Lampert says. Tonya Langford Moyle and her husband, "Thatcher, of Portland, Ore., have half a dozen chickens, including a Rhode Island Red, a Dominique, and a Brahma, whose peak egg -laying capacity is six a day. "It makes us feel closer to the earth. And we thought it would be nice for our daughter," says Tonna, the vice president of a Web -design company, referring to 5 -year-old Una. Thatcher, a financial planner, went so far as to buy some architectural plans off the Internet and build a contemporary -looking coop with a clear roof. And his is hardly the only high -style henhouse in town; Portland even holds an annual "Tour de Coops." s r Visit us at PARADE.COM IR Twin Cities: Backyard chickens welcome, Watchdog says, as long as owners follow rules ... Page 1 of 2 Twin Cities: Backyard chickens welcome, Watchdog says, as long as owners follow rules By Debra O'Connor watchdog@pioneerpress.com TwinCities.com-Pioneer Press Posted: TwinCities.com A reader recently squawked to the Pioneer Press after noticing chickens in the back yard of a St. Paul home. "Very cute," the writer said. "But is this legal?" The Watchdog saw the post on SeeClickFix, an online feature on TwinCities.com that lets users alert their communities about quality -of -life issues. The Watchdog investigated to See whether a Chicks Fix was needed in the Macalester-Groveland neighborhood. As it turns out, the chickens are owned by the DuBois family, and the city of St. Paul confirmed the birds are legal. Homeowners Jacques and Katie DuBois followed the city ordinance when they first got chickens two years ago: They filed the paperwork, paid the fee, housed the chickens in an acceptable coop and secured the agreement of at least 75 percent of the neighbors living within 150 feet of their home. Jacques DuBois told the Watchdog that two of 10 neighbors did decline, with one claiming, "People in (ZIP code) 55105 don't want to have chickens there," while another said she didn't like the idea of having "livestock" around, DuBois said. But, he noted, that neighbor now brings her grandchildren over to observe Mario, Luigi and Oreo scratch and cluck. Across the nation, backyard chickens -- part of what's called "urban farming" -- are all the rage. In St. Paul, the population is exploding, said animal -control supervisor Bill Stephenson. "A lot of people like them as pets, and the eggs are a benefit," he said. In St. Paul, there's been a permit process in place for more than 20 years, but the city used to see only three or four requests per year from people wanting to set up backyard coops. Now, it can be that many per week. One animal -control employee works two days a week checking the living conditions and sanitation of chickens, beehives and other less -common animals kept in the city, Stephenson said. Some other metro -area cities allowing chickens in a regular -sized back yard are Minneapolis, Anoka, Burnsville, Farmington, Hastings, Rosemount, Roseville, West St. Paul and Maplewood. Some communities that don't allow them include Apple Valley, Eagan, Stillwater, Woodbury, Inver Grove Heights and, thus far, Cottage Grove. That's according to a survey done by the city earlier this year, when resident Rykna Olson, who grew up on a farm, asked that Cottage Grove consider allowing chickens. As she said in an email to the city, "I miss some of the amenities that a farm provides, especially fresh eggs." The Watchdog did some research herself and found some ordinances to be fussier than others: Ham Lake, for example, requires the color of the coop to blend with that of the house. Bayport's extensive regulations note that chickens can't be kept in the house. Several cities that are still largely rural require lots to be 3 or more acres. The upscale community of North Oaks, which used to be railroad magnate James J. Hill's farm, doesn't allow the birds at all. Most cities that allow chickens require a permit, charge a fee and check on the chickens' welfare regularly. Ordinances describe an acceptable coop's configuration, along with its placement on the property. Most ordinances recognize some neighbors may not be enthusiastic about living near a miniature farm. Most don't allow roosters because they're noisy and can be aggressive. In East Bethel, which doesn't bar roosters, spokeswoman Stephanie Hanson notes: "We have no complaints on chickens; however, we have numerous complaints on roosters." Most require some or all of the neighbors to sign off on the idea. http://www.twincities.comlci 20814598/watchdog-backyard-chickens-welcome-some-met... 1/22/2014 Twin Cities: Backyard chickens welcome, Watchdog says, as long as owners follow rules ... Page 2 of 2 In Maplewood, which adopted an ordinance last year, the owner of every property adjacent to the applicant's must agree, or the applicant has to prove his property lines are at least 150 feet from anyone's house. And most cities limit the number of chickens to three or four -- but not Minneapolis, where there's no official limit if a resident can convince 80 percent of the neighbors to sign off on the number and the city agrees they're properly kept. Minneapolis also allows roosters, but that has to be disclosed to neighbors and their signatures must be notarized. Minneapolis, which has allowed backyard fowl as far back as anyone in animal control can remember, now has a population of about 1,500 chickens, with an average of six to eight birds per household, according to permit coordinator Ann Thelen. Growth is still booming, with six to 10 application requests per week. "Hens are wildfire this year," Thelen said. And beehives, another part of the urban -farming movement, are gaining momentum. "They're coming in droves, too," Thelen said. On Tuesday, June 5, a Stillwater family who had been cited for illegally keeping chickens appeared before the city council to ask members to consider making chickens legal. The council agreed, 3-2, to look into the matter, and will charge the standard $500 to have the city research a resident's request. "There's enough illegal chickens out there that they're having a fundraiser to change the ordinance," said Mayor Ken Harycki. "They're pretty passionate about it. Apparently, there's a groundswell going on." Both Jacques and Katie DuBois grew up living in apartments, so having hens and a backyard garden at their St. Paul house is a way to experience something new and promote their children's health, Jacques DuBois said. The children, ages 9, 5 and 3, see the chickens as pets and will casually pick them up and carry them around. The family boxer and poodle mingle with the hens wandering in the yard. The family keeps different varieties, including the Ameraucana, nicknamed the "Easter Egger" because it lays blue-, green- and pink -tinted eggs. The hens are "dual-purpose," fit for both eggs and meat. They give enough eggs to satisfy the family's need and when, after three years or so, their laying days are done, there are companies that will process poultry for stew. The DuBoises' hens have the run of their fenced -in yard, but most have been able to flap over their 3 -foot -high fence; they've lost one to a neighbor's dog and one to a hawk. And once, the family accidentally got a rooster from their chick supplier. Since noise and aggression make roosters illegal in St. Paul, they couldn't keep him. So they ate him. Editor's note: Feel like an underdog because of a problem with a business, government agency or school? To ask the Watchdog for help, go to TwinCities.com/ watchdog, call 651-228-5419 or email watchdog@pioneerpress.com. Follow her at twitter.com/ pioneerwatchdog. http://www.twincities.comlci_20814598/watchdog-backyard-chickens-welcome-some-met... 1/22/2014 Mielke, Steven From: smielke@charter.net Sent: Monday, June 24, 2013 7:32 AM To: Mielke, Steven Subject: SM sent you an article from www.startribune.com Rise of the Suburban Farmer: some Minneapolis/St. Paul suburbs start to allow backyard chicken coops Shannon Prather, Star Tribune Charles Reinhardt admits he got busted for it about five years ago. He'd kept it under wraps for years right under his neighbors' noses. Then he slipped up and shared his secret with some neighborhood kids. Within days, it had flown the coop. "I had chickens. I let the neighbor kids come over and give them some corn and someone turned me in to the city," Reinhardt said. Initially, he was irked at the warning letter from Centerville City Hall. He complied and got rid of his chickens. Then he decided to challenge the system. It took several years but he finally persuaded the Centerville City Council to pass an ordinance allowing chickens. He's the first resident in the northern Anoka County suburb to apply for a two-year permit, at a cost of $75. He's already brought home four young hens to roost, the maximum allowed. He hopes to have fresh eggs within a few weeks. "I am a rebel. I will push things," Reinhardt says, a little tongue in cheek. "Actually, I kind of worried people would laugh at me and think I am weird. But I thought: I am 44 years old. I don't care what people think. You only live once. There is no reason I should have to move to have something as simple as that." Call it the rise of the suburban farmer. Urban farming has grown in popularity during the past decade as more health -conscious people clamor for locally grown and organic food options. Both Minneapolis and St. Paul allow back -yard chickens with permitting and other conditions. Now, some suburban city councils are following suit, but with provisions designed to protect neighbors from unwelcome noise and nuisance. Circle Pines and Centerville enacted ordinances that take effect this month allowing up to four hens — no roosters permitted. The city of Farmington in the south metro has also enacted a chicken ordinance this spring, allowing up to three hens at homes with certain zoning designations. Eagan also has started allowing chickens. But not every city council has fallen for the charms of the chicken. Blaine and Coon Rapids do not allow them on standard residential lots, according to their city clerks. Both city councils have discussed changing that in recent years but took no action. Audrey Matson, owner of Eggplant Urban Farm Supply, said the suburbs can actually be more skittish than big cities when it comes to allowing back -yard coops. "The suburbs are less likely to allow it even though they have more space," Matson said. "There's just concern there's going to be problems with smelly, badly -made coops and eyesores." Matson, who has spoken to city councils on behalf of wannabe chicken owners, says a little education helps local leaders understand that back -yard chicken farming can be quiet, neat and unobtrusive to neighbors. Matson said she's definitely seeing more suburban customers asking about chickens. Even then, it's still a rare breed of suburban homeowner who takes the leap, one city manager says. "We don't expect there will be a lot of applications for this," said Centerville's Dallas Larson. "If we get two or three applications in the course of a year, that may be about right. There is a lot of work that goes with [chicken farming]. There are a few people in that organic gardening group that will find it appealing." And there are hoops to jump through. Circle Pines' new ordinance requires that 70 percent of neighbors grant permission before a $75 two-year permit is issued. It also requires a 10,000 -square -foot minimum lot size and an enclosed coop or run. "The council wanted their neighbors to have some say," said City Administrator Jim Keinath. Farmington limits chickens to larger residential properties zoned R-1. The Farmington Planning and Zoning Commission must approve applications. The commission heard its first request Iast week. "I don't expect it will go gangbusters," said assistant city planner Tony Wippler. "There is a select group of people who raise chickens and I don't think it's widespread. I do know more and more communities are doing these things." Reinhardt said he decided he wanted chickens after seeing them in friends' back yards. "I kind of like them. They made me feel relaxed," said the disabled army veteran. He said he's looking forward to the homegrown eggs. He's embraced the homegrown food movement and feels the less chemicals and pesticides, the better. He anticipates his hens will lay about two dozen eggs a week. He uses the manure to fertilize his large vegetable garden. His four hens, which he bought as chicks, are four different breeds — a gold star, silver laced wine dot, Americana, and Rhode Island red. "I don't have names for them, but I know their personalities. I know how they act. " Shannon Prather - 612-673-4804 New Brighton backyard farm sows seeds of discord - TwinCities.com New Brighton backyard farm sows seeds of discord By Sarah Homer shomer@pioneerpress. com TwinCities. com-Pioneer Press Posted: Page 1 of 4 TwinCities.com From the front, nothing about the house in suburban New Brighton appears that different. A car sits in the driveway near a flower bed of towering magenta amaranth plants. A small pirate flag waves from atop a picnic table, a nod to the "Peter Pan" -inspired name the women who live here gave the half -acre property when they moved in seven years ago. Behind the one-story house, however, is a different scene. There, you see sprawling vegetable gardens, berry plants, bee hives and lots of fowl. A large coop extends from the back deck and houses about 15 laying hens, a dozen quail, a few heritage turkeys, a couple ducks and one Serama rooster. A basket brimming with vegetables sits on a table near a garden bed. Next to it is a bowl full of multicolored eggs. The collection represents a day's harvest at "Lost Boys Acre," an experimental urban farm operated by four women in the quiet residential neighborhood near Silver Lake Road and Interstate 694. What you don't see is the tension with their next-door neighbors, a couple in their 70s who have lived in their house for nearly 30 years, allegations of dishonesty and bullying traded between the two households. The dispute has spilled into New Brighton City Hall with complaints issued to staff and police. Kristie Kellis, 38, the registered owner of the house at 715 Forest Dale Road, said she has contacted the Minnesota Department of Human Rights as well. State officials, however, cannot confirm active complaints. While the city hasn't tracked the cost of the complaints in terms of staff hours, it has taken up substantial resources. Next-door neighbors Bob and Gerry Parrott say the women's farming is out of control and highly disruptive. Kellis says the Parrotts are unreasonable and that her property is well maintained. Furthermore, she says it's within her legal rights as a New Brighton resident to operate an urban farm. Although New Brighton has a nuisance ordinance, the city has no specific rules regulating the keeping and raising of fowl or other practices associated with farming within its city limits. Some 60 residents are said to be engaged in the practice to varying degrees. Prompted by the conflict -- now in its second year -- the city recently assembled a task force to study how other communities have tackled urban farming, an increasingly popular http://www.twincities.comlramseycountylci_241533 88/new-brighton-suburban-backyard-f... 2/19/2014 New Brighton backyard farm sows seeds of discord - TwinCities.com Page 2 of 4 practice in Minnesota and elsewhere. The committee is expected to make recommendations to the city council next spring. "We are not looking for this thing to spread," New Brighton Mayor Dave Jacobsen said of the Forest Dale Road conflict. "We hope the task force can clarify what is reasonable for urban farming before this issue turns our city into a battleground." IN CONFLICT On a recent tour of Lost Boys Acre, Kellis points out vegetables growing in one of the many backyard gardens. Most of them are planted in raised beds, but this year the women also planted in straw bales to honor the "experimental" part of their mission. The decision to raise quail was prompted by the same desire, Kellis said. "We experiment with what can be done in a suburban environment so we can educate other people about what works," Kellis said. She added that it's increasingly important for people to rethink how they get their food. The food they produce feeds Kellis and her three housemates as well as five other families who volunteer at Lost Boys Acre, she said. Additional food is shared with neighbors and friends. No money exchanges hands, Kellis said, adding that three of the women in the house have full-time jobs. Lost Boys Acre started raising birds about two years ago. Kellis describes the animals as relatively quiet and says odor is regulated through the use of a "deep litter" composting method. Bob Parrott disagrees. "We can't really enjoy our back yard anymore; it just depends which way the wind is blowing," Parrott said. "And then there's the noise. Have you ever heard a chicken laying an egg? It's like a woman in labor, and they have about 20 laying hens." The Parrotts also cite concerns about runoff into a pond behind their house, as well as unsightliness from the way the women maintain the property. Complaints to the city started about the time the birds arrived. Although staff can't disclose the names of complainants, 11 reports are on file related to Lost Boys Acre, according to information provided by New Brighton City Manager Dean Lotter. Some six reports have been filed with police. Only once were the women found to be in violation of city code, when a vehicle was parked on an unapproved surface, according to city records. http://www.twincities.comlramseycounty/ci_24153 3 8 8/new-brighton-suburban-backyard-f... 2/19/2014 New Brighton backyard farm sows seeds of discord - TwinCities.com Page 3 of 4 "Part of the problem here is perspective," Jacobsen said. "City staff don't have a calibrated nose to tell what the degree of odor is or how noisy it is at all hours.... There's a lot of gray area here." OTHER ISSUES? To Kellis, the lack of violations is proof the Parrotts' beef with her and her housemates goes deeper. She suspects the couple's real issue is their non-nuclear family and religious beliefs. Two of the women practice paganism. Kellis says she follows "Earth -based spirituality." Kellis points to a time when Gerry Parrott called police claiming a garden statue on the Lost Boys Acre property was an attempt by the women to "point demons at her," Kellis said. "They won't give us one specific thing we can do differently.... I can negotiate with a specific problem, but they won't give me one," Kellis said. "They just hate us." While acknowledging his wife's comment showed "ignorance," Bob Parrott said allegations of bias are attempts to distract from the real issue. "We're talking about backyard farming and what is reasonable for a residential area," Parrott said. "We're not opposed to it altogether, but to have 20 laying hens, a rooster, plus ducks, quail and turkeys seems way beyond what one household needs. They're basically running a large poultry business." A mediation attempt between the neighbors last winter was unsuccessful. Each side claims the majority of other residents in the neighborhood support them. Other neighbors surveyed by the Pioneer Press were split. "They have a lot going on there, but it seems clean and well cared for," said Chuck Hoffman, who lives down the street. "They're raising healthy food, which is hard to get at grocery stores these days." "It's easy to be OK with it if you don't live next door," said Nancy Nygaard, another neighborhood resident. "I wouldn't want them as my neighbor. They've got too many things going on that don't belong in this area." The women's other next-door neighbor couldn't be reached for comment. ELSEWHERE The city does not expect the task force to solve the dispute, Lotter said. "If the council passes no ordinance and chooses not to regulate anything, the conflict will continue. If the council adopts something very draconian ... the conflict will continue. There is no way to legislate an answer for people who don't want to get along," the city manager said. http://www.twincities.conilramseycountylci_241533 88/new-brighton-suburban-backyard-f... 2/19/2014 New Brighton backyard farm sows seeds of discord - TwinCities.com Page 4 of 4 Instead, the hope is the task force will help head off future problems with what is seen as a growing trend in urban communities, Lotter said. Members will spend the winter studying the issue with hopes of making recommendations to the city council in the spring. Cities across the metro area have approached the subject differently. Some -- Blaine, White Bear Lake and Coon Rapids -- ban keeping chickens. Shoreview allows up to four birds on properties smaller than 2 acres. Maplewood permits 10 with a permit as long as 100 percent of neighbors are on board. St. Paul requires 75 percent of neighbors sign off, though it places no cap on the number of chickens allowed. Minneapolis also regulates raising chickens. It's possible New Brighton will keep urban farming unrestricted, said Char Samuelson, a city council member. "Who knows? We need to study it and see what our residents want," Samuelson said. Other council members did not respond to calls for comment. Neither the Parrotts nor the women from Lost Boys Acre were allowed on the task force, a decision Kellis said shows bias on the city's part. Both sides will watch what happens closely. "A part of me is excited because this could allow for a really progressive conversation about food policy that could make New Brighton a leader," Kellis said. "But it worries me that the council's goal is regulation and they want to specifically target chickens." Bob Parrott said he hopes restrictions are coming; otherwise, he says he and his wife will move. "We're both 70 years old. How many years do we have left and what kind of enjoyment are we getting out of a place if we continuously have the issue of noise and the occasional smell?" he said. Lost Boys Acre will be around regardless of the outcome, Kellis said. "If every time someone tried to do something new ... they just walked away when it got hard, we would never have change," Kellis said. "Someone has to stand up to bullies." "I'd say we're the ones being bullied," Bob Parrott said. Sarah Horner can be reached at 651-228-5539. Follow her at twitter.com/hornsarah. http://www.twincities.comlramseycounty/ci_241533 88/new-brighton-suburban-backyard-f... 2/19/2014 StarTribune - Print Page StatTribune More Twin Cities suburbs are growing sweet on bees Article by. Kelly Smith Star Tribune January 21, 2014 - 7 49 AM More bees are moving to the 'burbs As buzz builds over the popular hobby and the dramatic worldwide do -of of bees, more than two dozen metro -area titres, Including Minnetonka, Bocimington and Stillwater, are allowing back -yard beekeeping On Tuesday, Eden Praline is expected to be the latest city to approve it And in Chanhassen, beekeeping classes are filling up, like one next month that's sold out to nearly 200 people interested in starting the hobby "The number of people doing it now Is surprising," said Gary Reuter, who helps teach classes at the Minnesota Landscape Arboreturn and run the University of Minnesota's Bee Lab 'People want to do their part to help [bees], and some of it is the back -to - nature thinlung " Scientists say a worldwide phenomenon known as colony collapse disorder is affecting bees, which are dying at a rate of 35 percent a year That news, along with the movement to produce food locally, has Increased interest in beekeeping Minneapolis and St Paul were among the first titles here to allow it Now rooftops from Minneapolis City Hall to downtown hotels host hives The trend has spread to suburbs. but demand so far has been moderate Stillwater has Issued six permits for residential beekeep- ing since allowing it about a year ago, no complaints have come up. In the north metro, Circle Pines started allowing residential beekeeping last July, but has had no applications yet. And Sl Paul Park has issued one permit since passing a beekeeping ordnance almost a year ago Beekeeping is gaining in popularity in response to colony collapse reports RENEE JONES SCHNEIDER • Slar Tnbum foe, Bees come and go from a bee hive in West Bath Maine Pat Wellenbach • Associated Press, Not all tales allow beekeeping Solite residents are wncerned about swarms or allergic reactions to bee stings Other suburbs either don't have a specific, Ordinance on CARLOS GONZALEZ • Star Tribune ftle beekeeping, outwardly prohibit it or restrict hives to rural proper- ties Carrying on a treditton That's the case in Eden Prairie, which currently limits beekeeping to rural areas Resident Chris Endres obbled for an ordinance change His grandfather and father passed on the beekeeping hobby to him, and now he's sharing it with his 17 -year-old daughter, both entering homemade honey in State Fahr contests But since he hasn't been allowed to keep the hives in his neighborhood, he's housed them at his cabin and at a trend's house in neighboring Minnetonka 'It's kind of like being a wine connoisseur; said Endres, who has tasting parties to show off his Minnetonka -made honey The proposed city ordinance to be discussed Tuesday has specific limitations, such as the colony size, and beekeepers have to register with police so neighbors can be notified Jim Schedin, the city's zoning administrator, estimates a half-dozen residents will end up registering with the city 'I've seen an uptick in merest," he said "We have bees to our east and bees to our north They're really everywhere' Mixed reaction Not everyone Is supportive though The sticking point for most people bee swarths bothering neighbors or affecting residents with allergies Some cities, Including Edina, prohibit beekeeping In Eden Prairie, Council Member Kathy Nelson was the tone opponent, saying that the hobby shouldn't negatively impact residents who have bee allergies, such as her daughter 'I don't see the overwhelming need to have a change, and it could have an extreme consequence for some families in town,' she sad 'It doesn't seem like something your next-door neighbor in a suburb would do I would never have purchased a home 0 1 knew bees were next door' Proponents like Endres say they understand concerns, but said that honeybees are often mistaken for hornets, wasps and yellow jackets. which are more likely to sting He said he hopes allowing beekeeping will Increase knowledge about honeybees and help show their benefits 'It really brings a lot of public awareness and sensitivity," he said "I dust don't think its a problem ' Kelly Smith • 612673-4141 Twitter Ckellystnb Page 1 of 2 http://www.startribune.com/printarticle/?id=241221411 1/22/2014 Council Work Session Minutes February 24, 2014 Page -5- Dan Licht of The Planning Company stated that the requirement for an administrative permit adds an enforcement tool for staff. Davis agrees that people should be able to do what they want with their property to a certain extent but also agrees with staff's recommendation to allow this use with an administrative permit to help regulate. Boarders would be limited to two and must rent for at least 30 days. Licht explained that the 30 day minimum provides a homeowner an opportunity for a non -family rental as a secondary income. Anderson asked if this would affect home trades and amendment to restrict these activities. He believes "1 in the ordinance. Licht stated that other provisions c programs from this amendment. Anderson asked fo about LaBeau asked about short-term temporary housing needfd� apply if the room was being turned over in less "family" might also come into the situation ijA support incidental rental of rental of single family He believes the amaai does not want the :e clearly defined t exchange transit. '?Ws -would only e.d that the definition of s intent is existing neighbors. is too broad. He would t long-term commercial t sufficient to not allow nightly B&Bs in proper zoning with a CUP. Swecker supports the consequence, clarifies other language in the L)r the homeowners and the neighbors. t to eliminate foreign exchange or home trades, but to provide ver, he believes that further definition and clarifications could exchange student or a situation where the family receives Licht believes the exception for foster care in the , an additional exception could be added. Council directed staff to continue to review and refine the language of the proposed ordinance and to allow the Planning Commission an opportunity to review revisions before bringing the amendment back to Council. 6. Chickens in Residential Zones Council received information from Associate Planner Frank Dempsey outlining the question of allowing residents to have chickens in an urban area, a topic which has come up for discussion Council Work Session Minutes February 24, 2014 Page -6- several times previously. Farm animals including chickens, goats, horses, bees, etc. are currently only allowed in agricultural zoned areas, which are generally larger in size and where there is less potential to impact a neighborhood. The Planning Commission's most recent discussion about this was in 2011 when they reviewed several zoning ordinance items based on feedback from the developers' forum. At that time the Planning Commission chose not to recommend a change. Mayor Little stated that he has received requests to allow chickens in residential areas mostly as a learning tool for children, as pets, and for urban farming. An support for allowing chickens, and the Mayor would supe only, not roosters - with some guidelines. Council Member Anderson would also support up tol eggs being for personal consumption only and not for Swecker asked if there are regulations on rabbits or du and would be a farm animal, but rabbits could be_&& structure. Swecker would support a maxis on premises and produce is for their own concerned about use of police resources chickens. Little wants the ordinancAto be neighbors' rights to enjoy their Council Member Davis is no up requests for other consi will discuss this with cauimuni for the PON ibly at the A 7. Parks, Trails with 4cated stronger two chickens - hens that ducll�'�re poultry tined in the principle Wwner must reside ber LaBeau is created by dogs and ckens do not infringe on cleanliness and setbacks. of chickial areas and believes it would open Ll would to enforce. Council Member LaBeau ave similar ordinances. discussion at a future Planning Commission ance standards, restrictions, etc. and return to session. off from the meeting. Plan Parks and Recrearector Brett Altergott stated that at the January 21 meeting Council requested an opport mty to highlight any issues or concerns prior to the Parks, Recreation and Natural Resources Committee's review of the Parks, Trails and Open Space Plan. Dan Licht of The Planning Company has been working with the committee and staff on the update. Council is being asked to provide comments and concerns to be used as a basis for the Parks & Rec. Committee to address issues that are of importance to Council.