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HomeMy WebLinkAboutItem 08 Date: April 4, 2016 Item No. _____ MIKAYLA RAINES INTERIM USE PERMIT 12110 – 210TH STREET Proposed Action Staff recommends adoption of the following motion: Move to approve an interim use permit to allow Mikayla Raines to keep up to three foxes and adopt the findings of fact. Overview Mikayla Raines has submitted an application for an interim use permit (IUP) to allow her to keep up to three foxes in an animal kennel on a 10 acre property zoned R-A, Rural/Agricultural District. The Planning Commission held a public hearing on the IUP request at their March 17, 2016 meeting. The Planning Commission voted 3-2 to recommend approval of the IUP subject to seven stipulations. The two Commissioners who voted nay expressed concerns with the interim use permit process and enforcement of the interim use permit stipulations. Three persons spoke at the public hearing representing two properties in the area. Two people spoke to the character of the applicant and in favor of the request and the other raised concerns regarding the foxes potentially attracting wildlife that could be detrimental to cattle on his adjacent property to the south. Primary Issues to Consider • Is the keeping of up to three foxes a compatible interim use on a rural residential property? • What happens if the interim use permit is not approved? Supporting Information • Staff Analysis of Primary Issues to Consider • Interim Use Permit • Findings of fact • March 17, 2016 draft Planning Commission meeting minutes • March 10, 2016 planning report Financial Impact: $ None Budgeted: Y☐ N☒ Source: ________________________________ Related Documents (CIP, ERP, etc.): Zoning Ordinance _______________________________________________ Notes: Envision Lakeville Community Values: A Home for all Ages and Stages of Life_______________________ Report Completed by: Frank Dempsey, AICP, Associate Planner________________________________________ 2 Primary Issues to Consider Is the keeping of up to three foxes a safe, compatible and reasonable interim use on a rural residential property? Staff reviewed the application, narrative and plans provided by the applicant Mikayla Raines and inspected the property prior to the public hearing. Staff also contacted the Minnesota Department of Natural Resources Wildlife Conservation Officer assigned to the Lakeville area to inquire about any required state permits for the keeping foxes. The DNR allows the keeping of foxes but requires a DNR permit. The DNR Conservation Officer informed staff that he visited the property, inspected the animal enclosure and examined Ms. Raines’ paperwork related to the acquisition of the foxes and determined that the DNR would approve a permit subject to City zoning approval (the Interim Use Permit). This information was used in the formulation of the staff recommendation and findings of fact. The Planning Commission deliberated, as a point of concern raised by a member of the public, whether to require any female foxes to be spayed at an age to be determined by a professional veterinarian with the implication that female foxes may attract other foxes or predator wildlife to the area which could then endanger cattle in the area. The interim use permit process allows the City to measure and mitigate potential impacts posed by the request as well as to adopt reasonable stipulations and a sunset date on the use which is not an option available with permitted or conditional uses. The majority of Planning Commission members agreed that the stipulations and findings of fact presented in the staff report were adequate to protect the public health, safety and general welfare. What happens if the interim use permit is not approved? If the interim use permit is not approved, the foxes will have to be removed from the property or a citation would be issued for violation of the Zoning Ordinance. If a citation were issued, the City would present the case in court as a misdemeanor violation of the Zoning Ordinance. 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA INTERIM USE PERMIT NO. 16-____ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves an interim use permit for Mikayla Raines to allow the keeping of up to three foxes located at 12110 – 210th Street. 2. Property. The permit is for the following described property located in the City of Lakeville, Dakota County, Minnesota: That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 114, Range 21, according to the Government Survey thereof, lying west of the East 329.50 feet of said Northeast Quarter of the Northwest Quarter and lying east of the following described line: Beginning at a point on the north line of said Northeast Quarter of the Northwest Quarter, distant 657.67 feet east of the northwest corner of said Northeast Quarter of the Northwest Quarter; thence southerly parallel to the west line of said Northeast Quarter of the Northwest Quarter, to the south line of said Northeast Quarter of the Northwest Quarter, and there terminating. 3. Conditions. The permit is issued subject to the following conditions: a) The applicant must obtain a permit from the Minnesota Department of Natural Resources (DNR) to keep the foxes as a condition of this Interim Use Permit. The applicant shall submit the approved DNR permit to the City within 30 days of approval of the Interim Use Permit. b) A maximum of three foxes may be kept on the property. c) The animal enclosure shall be kept in humane and sanitary conditions. Objectionable waste odors shall not be noticeable beyond the property line. 2 d) An Administrative Permit application shall be submitted for the animal enclosure that is more than 120 square feet in area. e) The keeping of all animals shall be compliant with Zoning Ordinance requirements. f) The interim use permit shall terminate when: i. Mikayla Raines no longer resides on the property. ii. If Mikayla Raines is no longer permitted by the DNR to keep foxes. iii. If the keeping of foxes has been discontinued for more than one year. g) 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. 4. Termination of Permit. The City may revoke the interim use permit following a public hearing for violation of the terms of the permit. 5. Criminal Penalty. Violation of the terms of this interim use permit is a criminal misdemeanor. Date:_______________________ CITY OF LAKEVILLE BY:___________________________ Matt Little, Mayor BY:___________________________ Charlene Friedges, City Clerk The following instrument was acknowledged before me this 4th day of April 2016, by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. __________________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue (SEAL) Lakeville, MN 55044 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA INTERIM USE PERMIT MIKAYLA RAINES FINDINGS OF FACT AND DECISION On March 17, 2016 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Mikayla Raines for an Interim Use Permit to allow the keeping of up to three foxes on property located at 12110 – 210th Street. The Planning Commission conducted a public hearing on the proposed interim use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The property is located in Comprehensive Planning District No. 10, which guides the property for Rural Density Residential uses. 2. The property is zoned RA, Rural/Agricultural District. 3. The legal description of the property is: That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 114, Range 21, according to the Government Survey thereof, lying west of the East 329.50 feet of said Northeast Quarter of the Northwest Quarter and lying east of the following described line: Beginning at a point on the north line of said Northeast Quarter of the Northwest Quarter, distant 657.67 feet east of the northwest corner of said Northeast Quarter of the Northwest Quarter; thence southerly parallel to the west line of said Northeast Quarter of the Northwest Quarter, to the south line of said Northeast Quarter of the Northwest Quarter, and there terminating. 4. Section 11-5-3 of the City of Lakeville Zoning Ordinance provides that an interim use permit shall comply with the same criteria as a conditional use permit. The criteria and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The Comprehensive Plan does not address the keeping of animals not defined as house pets, however, the application to keep three foxes on a rural residential lot 10 acres in size and located outside the MUSA is deemed acceptable. 2 b) The proposed use will be compatible with future land uses of the area. Finding: The proposed keeping of foxes will be compatible with the surrounding rural residential properties located outside the MUSA. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: The proposed animal enclosure complies with setback requirements. The stipulations of the interim use permit are intended to address the permitting and housing of foxes on the subject property. d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The proposed use will not overburden the City’s service capacity. e) Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: The proposed keeping of three foxes will not impact traffic on 210th Street, which serves the property. 5. The planning report dated March 10, 2016 prepared by Frank Dempsey, Associate Planner is incorporated herein. DECISION The City Council approves the interim use permit in the form attached hereto. DATED: April 4, 2016 LAKEVILLE CITY COUNCIL BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk City of Lakeville Planning Department Memorandum To : Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: March 10, 2016 Subject: Packet Material for the March 17, 2016 Planning Commission Meeting Agenda Item: Interim Use Permit to allow the keeping of foxes Action Deadline: April 23, 2016 INTRODUCTION Mikayla Raines has submitted an application for an interim use permit to allow the keeping of not more than three foxes at a single family residence located at 12110 – 210th Street. The property is zoned RA, Rural/Agricultural District. The request is being made pursuant to Title 11-35-3D of the Zoning Ordinance. EXHIBITS A. Aerial Photo Maps (2) B. Location and Zoning Map C. Property Survey D. Application Narrative E. Photographs (2) Surrounding Land Uses and Zoning North – 210th Street (CSAH 70) South – Undeveloped (RA) East – Single Family Home (RA) West– Single Family Home and Two (RA) The subject property is largely wooded and is divided east to west by a Northern Natural Gas high pressure gas main and easement. The nearest homes adjacent to the kennel located on the subject property are 600 feet to the northeast and 480 feet to the west. 2 PLANNING ANALYSIS Section 11-35-3D of the Zoning Ordinance states, “With the exception of the keeping of animals allowed by subsections A, B, and C of this section, no other animals are allowed except by interim use permit as regulated under the provisions of chapter 5 of this title.” Subsection A refers to the keeping of house pets, subsection B refers to the keeping of horses, and subsection C refers to the keeping of farm animals. Foxes are considered domesticated wild animals that do not fall into any of those categories as defined by the Zoning Ordinance and thus are not permitted outright under this section. The purpose of the interim use permit is to determine whether the keeping of the proposed animals are consistent with the planned land use of the property and to determine whether there are any potential, measurable mitigating impacts to surrounding properties that can be addressed through stipulations listed in the interim use permit. The applicant obtained the foxes and installed the kennel without first receiving interim use permit and administrative permit approval. The foxes were discovered by a building inspector who was on the property in response to an inquiry about a building being constructed near the south property line. The building inspector and Planning Department staff concluded that the building under construction was considered recreational equipment and not subject to Building Code and Zoning Ordinance requirements. The purpose of the recreational building is outlined in the applicant’s narrative. The foxes, however, require interim use permit approval. The Department of Natural Resources requires the public to obtain a permit to keep foxes. The DNR has indicated they would inspect the premises and issue the applicant a permit to allow keeping the foxes contingent upon City approval of the interim use permit. Zoning. The property is zoned RA, Rural/Agricultural District which allows single family homes and rural land use and agricultural related uses. The RA District allows the keeping of horses and other farm animals provided the property meets the minimum lots size requirement of 10 acre. Comprehensive Plan. The Comprehensive Plan guides the property for rural and rural/residential land uses through 2030. The property is not located within the current MUSA. Animal Kennel. The animal kennel in which the foxes will be kept is located on the east side of the existing detached garage. The kennel is roughly 13 feet by 16 feet which requires approval of an Administrative Permit. The kennel is set back 13 feet from the side property line. A minimum of 10 feet is required for a kennel. Interim Use Permit Criteria. Section 11-5-5 A-F of the Zoning Ordinance requires that an interim use permit comply with the following: A. Meet the standards of a conditional use permit set forth in subsection 11-4-3E of the Zoning Ordinance. 3 Findings of Fact for approval of the interim use permit request are attached. B. Conform to the applicable general performance standards of Section 11-4-7 of the Zoning Ordinance. Not applicable to this request. C. The use is allowed as an interim use in the respective zoning district. The keeping of animals not listed in 11-35-3, subsections A, B, and C is not allowed except by Interim Use Permit. D. The date or event that will terminate the use can be identified with certainty. The interim use permit will lapse when Mikayla Raines no longer resides on the property, if her keeping of foxes has been discontinued for more than one year or if she is no longer permitted by the DNR to keep the foxes. E. The use will not impose additional unreasonable costs on the public. There are no unreasonable public costs anticipated should this request be approved. F. The user agrees to any conditions that the City Council deems appropriate for permission of the use. RECOMMENDATION Planning Department staff recommends approval of Mikayla Raines’ request for an interim use permit to allow the keeping of foxes at 12110 – 210th Street, subject to the following stipulations: 1. The applicant must obtain a permit from the Minnesota Department of Natural Resources (DNR) to keep the foxes as a condition of this Interim Use Permit. The applicant shall submit the approved DNR permit to the City within 30 days of approval of the Interim Use Permit. 2. A maximum of three foxes may be kept on the property. 3. The animal enclosure shall be kept in humane and sanitary conditions. Objectionable waste odors shall not be noticeable beyond the property line. 4. An Administrative Permit application shall be submitted for the kennel that is more than 120 square feet in area. 5. The keeping of all animals shall be compliant with Zoning Ordinance requirements. 4 6. The interim use permit shall terminate when: a) Mikayla Raines no longer resides on the property. b) If Mikayla Raines is no longer permitted by the DNR to keep foxes. c) If the keeping of foxes has been discontinued for more than one year. 7. 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. Dakota County, MN February 23, 2016 0 225 450112.5 ft 0 60 12030 m 1:2,400 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. EXHIBIT A EXHIBIT C 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA INTERIM USE PERMIT MIKAYLA RAINES FINDINGS OF FACT AND RECOMMENDATION On April 4, 2016 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Mikayla Raines for an Interim Use Permit to allow the keeping of up to three foxes on property located at 12110 – 210th Street. The Planning Commission conducted a public hearing on the proposed interim use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT 1. The property is located in Comprehensive Planning District No. 10, which guides the property for Rural Density Residential uses. 2. The property is zoned RA, Rural/Agricultural District. 3. The legal description of the property is: That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 114, Range 21, according to the Government Survey thereof, lying west of the East 329.50 feet of said Northeast Quarter of the Northwest Quarter and lying east of the following described line: Beginning at a point on the north line of said Northeast Quarter of the Northwest Quarter, distant 657.67 feet east of the northwest corner of said Northeast Quarter of the Northwest Quarter; thence southerly parallel to the west line of said Northeast Quarter of the Northwest Quarter, to the south line of said Northeast Quarter of the Northwest Quarter, and there terminating. 4. Section 11-5-3 of the City of Lakeville Zoning Ordinance provides that an interim use permit shall comply with the same criteria as a conditional use permit. The criteria and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The Comprehensive Plan does not address the keeping of animals not defined as house pets, however, the application to keep three foxes on a rural 2 residential lot 10 acres in size and located outside the MUSA is deemed acceptable. b) The proposed use will be compatible with future land uses of the area. Finding: The proposed kennel with up to three foxes will not be considered compatible with the surrounding rural residential properties located outside the MUSA. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: The proposed keeping of foxes will comply with setback requirements for a kennel. The proposed stipulations are intended to address the permitting and housing of foxes on the subject property. d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The proposed use will not overburden the City’s service capacity. e) Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: The proposed keeping of three foxes will not impact traffic on 210th Street, which serves the property. 5. The planning report dated March 10, 2016 prepared by Frank Dempsey, Associate Planner is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit in the form attached thereto. DATED: March 17, 2016 LAKEVILLE PLANNING COMMISSION BY:_____________________ Jason Swenson, Chair 3 DATED: _________________ CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk