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HomeMy WebLinkAbout08-20-15CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES August 20, 2015 Chair Swenson called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Chair Jason Swenson, Vice Chair Linda Maguire, Brooks Lillehei, Paul Reuvers, Karl Drotning, Jason Kelvie, Scott Einck (arrived at 6:14) Members Absent: Pat Kaluza, Ex -officio member Nic Stevens Others Present: Daryl Morey, Planning Director; Kris Jenson, Associate Planner; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The August 6, 2015 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the following item was distributed to the Planning Commission at tonight's meeting: 1. An e-mail from D.R. Horton regarding the Schraeder IUP request (Agenda Item #5) Mr. Morey indicated that the September Planning Commission meetings are scheduled for September 10th and 24tH Mr. Morey welcomed Madi Drent. She is a Lakeville North High School junior who is interested in city planning. She has attended a staff Development Review meeting and is interested in observing a Planning Commission meeting. 5. Eric Schraeder Chair Swenson opened the public hearing to consider the application of Eric Schraeder for an Interim Use Permit to allow the keeping of raptors for the purposes of falconry pursuant to Chapter 11-35-3D of the City Code, located at 18855 Iden Way. Eric Schraeder presented a brief overview of his request. Mr. Schraeder explained that he is in the process of having a house built in the Chokecherry Hill subdivision. He has a red tailed hawk. He has been practicing the art of falconry for four years in Richfield and would now like to train and keep the hawk in his backyard in Lakeville. Planning Commission Meeting Minutes, August 20, 2015 Page 2 Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that Eric Schraeder has submitted an application for an interim use permit to allow the keeping of two raptors for the purposes of falconry at 18855 Iden Way, which is surrounded by mostly undeveloped residential property or public road right-of-way in the Chokecherry Hill subdivision. Ms. Jenson reviewed the pertinent sections of the Zoning Ordinance, which is reviewed in detail in the August 13, 2015 planning report. Mr. Jenson stated that the applicant would construct a shed in the rear yard of his lot. A portion of the shed would be a mews, which is the term for the raptor housing. This structure must meet the RST -2 District setback requirements and will require a building permit. The Minnesota Department of Natural Resources (DNR) requires that the raptor facilities be inspected and approved by a DNR officer. Ms. Jenson indicated that Mr. Schraeder currently has a Minnesota General Class Falconry Permit which was issued by the DNR. The U.S. Fish and Wildlife Service permits the state to allow falconry in that state. The applicant intends to train the bird on the property with a creance or leash. The bird will not be used for hunting on the property. Because Planning Department staff had never received a request for the keeping and training of raptors in the city, Ms. Jenson contacted several cities in the south metro to determine how their ordinance would address such a request. The list of cities is included in the August 13, 2015 planning report. With the exception of Farmington, which has the same ordinance language as Lakeville, all other cities surveyed do not allow the keeping of raptors. Ms. Jenson reviewed the criteria for an Interim Use Permit listed in Section 11-5-5 of the Zoning Ordinance and included in the August 13, 2015 planning report. Ms. Jenson stated that the Planning Department staff recommends approval of the Schraeder IUP subject to the six stipulations listed in the August 13, 2015 planning report. Chair Swenson opened the hearing to the public for comment. Frank Taylor, 4292 Old White Bear Avenue, White Bear Lake Mr. Taylor has been practicing falconry for 47 years. Mr. Taylor displayed his red tailed hawk that he brought to the meeting tonight and explained noise (they are not a vocal bird), weight (approximately 3 Y2 pounds), eating and sleeping habits (they sleep at night), etc. He noted that the bird is kept on a leash while it is being trained. He explained a weathering yard, which is like a dog kennel and is set up next to the mew (shed). The weathering yard is where the bird will perch to get sunlight and where the bird will take a bath. The mew is where the bird will get its shade and sleep at night. Planning Commission Meeting Minutes, August 20, 2015 David Hipke, 18877 Iden Avenue Page 3 Mr. Hipke thanked Mr. Taylor for his informative presentation. He hoped that a similar presentation could be provided to the neighborhood residents so they understand how falconry works. He asked what was involved with the training of the bird and what the birds were fed. Mr. Taylor and Mr. Schraeder explained the training and feeding process. Motion was made by Reuvers, seconded by Drotning to close the public hearing at 6:42 p.m. Ayes: Lillehei, Einck, Maguire, Swenson, Reuvers, Kelvie, Drotning Nays: 0 Chair Swenson asked for comments from the Planning Commission. Discussion points included: • The Planning Commission agreed that this was a very informative presentation. • Some Planning Commissioners were concerned that Section 11-35-3D of the Zoning Ordinance refers back to the general criteria for consideration of an interim use permit and does not provide specific performance standards for the evaluation of requests pertaining to the keeping of raptors or other wild animals. They were supportive of the use but did not feel the IUP was the appropriate tool given the purpose and intent identified in Section 1-5-1 of the Zoning Ordinance. • A concern was expressed that approval of an IUP would allow raptors in single family neighborhoods but that chickens are not allowed. • Commissioner Drotning stated that he is not comfortable recommending approval of this IUP application because there are no clearly defined performance standards to guide his review and vote on this request. • The Planning Commission agreed to review the Zoning Ordinance process for the keeping of wild animals at a work session in conjunction with their annual discussion of possible Zoning Ordinance amendments. • Mr. Morey summarized staff's discussions with Mr. Schraeder when he initially approached the City with his request. Mr. Morey indicated that a similar request has not been submitted to the City in his 27 years working for Lakeville. He stated that staff's initial response to Mr. Schrader was that because falcons were not specifically listed as a household pet or farm animal in the Zoning Ordinance, they were not allowed. Mr. Schraeder submitted an email appeal to the City Council. Planning Department staff then contacted the City's planning consultant, who identified the IUP allowance of Section 11- 35-3D of the Zoning Ordinance. When staff informed Mr. Schrader of the IUP process, he submitted an application. With respect to the accessory building, Mr. Morey stated that there are Zoning Ordinance requirements for size, height and setbacks which Mr. Schraeder will need to follow. He clarified that if the accessory building is 200 square feet or less, the applicant will need to submit a zoning permit application, which will be reviewed by staff for Planning Commission Meeting Minutes, August 20, 2015 Page 4 conformance with the Zoning Ordinance requirements. The zoning permit application process is separate from the IUP application. Motion was made by Reuvers, seconded by Drotning to recommend to City Council approval of an Interim Use Permit for Eric Schraeder to allow the keeping of raptors for the purposes of falconry pursuant to Chapter 11-35-3D of the City Code, located at 18855 Iden Way subject to the following stipulations: 1. The applicant must have a current falconry permit from the Minnesota Department of Natural Resources (MN DNR) as a condition of this Interim Use Permit. The interim use permit may be renewed by the applicant upon successful renewal of the MN DNR Falconry permit and submittal of a copy of the renewed permit to the City of Lakeville Planning Department by September 30, 2017. 2. Prior to construction of the shed/mews, a building permit must be issued by the Building Inspections Department. The structure must pass a final inspection by the Building Inspections Department as well as pass inspection by the Minnesota DNR. 3. There shall be no hunting from the subject property. 4. A maximum of two (2) raptors may be kept on the property. 5. The interim use permit shall expire: a. When the Schraeder's no longer hold a permit from the Minnesota Department of Natural Resources for falconry; or b. When the Schraeder's no longer reside at 18855 Iden Way (Lot 14, Block 5, Chokecherry Hill 2nd Addition). 6. The interim use permit may be revoked for cause upon determination that the authorized interim use is not in conformance with the conditions of the permit or is in continued violation of Lakeville City Code or other applicable regulations. Ayes: Swenson, Reuvers, Kelvie, Lillehei Nays: Einck, Maguire, Drotning Commissioners Einck, Maguire and Drotning agreed that they were supportive of the application, but they do not feel that the review criteria for an IUP has been satisfied. Chair Swenson thanked Mr. Taylor and Mr. Schraeder for their presentation. He stated that the use isn't the issue, but rather the City's ordinance process. There being no further business, the meeting was adjourned at 7:29 p.m. Respectfully submitted, Penny Brevig, Recording Secretary