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HomeMy WebLinkAboutItem 07City of Lakeville Planning Department Memorandum To : Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: April 28, 2017 Subject: Packet Material for the May 4, 2017 Planning Commission Meeting Agenda Item: Consider Revocation of Interim Use Permit No. 16-04 INTRODUCTION Mikayla Raines received City Council approval of an interim use permit on April 4, 2016 allowing her to keep up to three foxes on property at 12110 – 210th Street. Since the summer of 2016, staff has received notifications from the public that Ms. Raines was keeping more than three foxes on the property. Staff has monitored news reports and social media sites associated with Ms. Raines and has documented that there is, in fact, more than three foxes being kept on the property. Staff also confirmed this with two site inspections since the interim use permit was approved. Ms. Raines has indicated to staff and on the social media sites that she obtains baby foxes that she raises as well as other domestic house pets and wild animals that may be injured or have other needs. Section 11-7-7 of the Zoning Ordinance states that an interim use permit shall terminate upon violation of the conditions under which the permit was issued. At their April 17, 2017 meeting, the City Council approved a motion directing the Planning Commission to hold a public hearing in consideration of revocation of Interim Use Permit 16-04. EXHIBITS A. Approved Interim Use Permit B. Interim Use Permit Application and Narrative (2016) C. Property Survey 2 D. Planning Department Inspections Memo E. Social Media and News Accounts (10 Pages) BACKGROUND The 10 acre property where the foxes are being kept is largely wooded and is bisected by a Northern Natural Gas high pressure gas main and easement. The property includes a single family home and two detached accessory buildings as well as the animal enclosures. The property is owned by Sandi Raines, Mikayla’s mother. Planning Department staff received at least two calls from Ms. Raines in 2015 asking if the keeping of foxes was allowed on her property. Staff informed her than an interim use permit was required. Mikayla Raines came into possession of the foxes and installed an animal enclosure without first receiving approval of an interim use permit and administrative permit as required by the Zoning Ordinance. The foxes were discovered by a City building inspector who was on the property in January 2016 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 not subject to Building Code and Zoning Ordinance requirements. Staff has confirmed through two site inspections initiated by public complaint and through various news and social media reports that Ms. Raines is in violation of the interim use permit in regard to the number of foxes kept on the property. PLANNING ANALYSIS Zoning Ordinance Violations. During the review of compliance with the stipulations of Interim Use Permit No. 16-04, staff verified the following violations or possible violations on the subject property: • Keeping of more than three foxes. • Animals kept not allowed by the Zoning Ordinance including racoons and one or more constricting snakes. • A second and larger animal enclosure than allowed by the approved administrative permit. • A social media invitation to the general public to attend an open house and tour of the property and animals. 3 • An auto sales dealership licensed to the property owner, Sandra Raines, that included falsified City authorization. This violation is currently being rectified by the property owner but the City has not received written confirmation of such from the State of Minnesota. • A swimming pool business registered to the property as identified in State of Minnesota Secretary of State records. This would not be a violation if the business use is only an office in the house and no commercial equipment or pool chemicals are stored on the property. Termination of the Interim Use Permit. Section 11-5-7 of the Zoning Ordinance states that an interim use shall terminate on the happening of any of the following events, whichever occurs first: A. The date or event stated in the permit. B. Upon violation of conditions under which the permit was issued. C. Upon change in the city's zoning regulations which renders the use nonconforming. At their April 18, 2017 meeting, the Planning Commission recommended approval of an amendment to the Zoning Ordinance whereby any animals not defined as house pets would no longer be allowed to be kept on any property in the City, even by interim use permit such as that approved to Mikalya Raines in 2016. The City Council will consider this amendment at their May 15, 2017 meeting. Animals Allowed. Zoning Ordinance Section 11-35-3D 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. Lakeville’s requirements limiting the keeping of wild, domestic wild or other exotic animals are consistent with requirements of other cities in the state and region. The approved interim use permit does not allow the keeping of any other wild or exotic animals. Foxes are considered domesticated wild animals that do not fall into any of these three categories. Animal Enclosures. Following approval of the interim use permit, City staff approved an administrative permit to keep the foxes in a single enclosure approximately 140 square feet in area. An animal enclosure larger than 120 square feet requires approval of an administrative permit. The enclosure had been installed without first obtaining City approval of the administrative permit. Upon inspection of the property on March 10, 2017, staff noticed a much larger second enclosure had been installed on the south side of the detached accessory 4 building near the driveway. This enclosure had also been installed without administrative permit approval. Inside the larger enclosure were five foxes including four new pen enclosures. The larger enclosure measures approximately 40’ x 50’ in area. USDA Permit. City staff has confirmed that Mikayla Raines was issued a United States Department of Agriculture (USDA) permit to be a commercial dealer of foxes, which is a regulated business under USDA rules, but has not been able to obtain a copy of the permit due to matters of privacy and Ms. Raines unwillingness to provide staff with a copy. The current license expires June 17, 2017 unless it is renewed before that date. The USDA requires a permit to allow certain animals to be kept for exhibiting to the public or for commercial sale or transportation. It is not known what class of permit Ms. Raines holds. A Class A license is issued to dealers who sell animals that are bred and raised at their facility in a closed or stable colony. A Class B license is issued to other dealers whose business includes the purchase and/or resale of warm-blooded animals. Examples of dealers include commercial dog- breeding facilities, animal brokers, and operators of auction sales. Contrary to condition (a) of the approved interim use permit, the Minnesota Department of Natural Resources does not require a permit to keep foxes provided they are not being bred or taken from the wild. Public Comment. Staff has received a large number of emails due to notification on Ms. Raines’ social media accounts largely in support of her keeping the animals for fear the animals will be killed, the general treatment of animals at fur farms or other similar comments which is not the intention or purpose of this action. Conclusion. In consideration of the history of non-compliance with the conditions of the interim use permit approved in 2016 and in light of the kind-hearted and caring nature of Ms. Raines and her willingness to accept more than three foxes of any age plus wild or exotic animals not allowed by the interim use permit or Zoning Ordinance, the ability to enforce the conditions of the interim use permit and Zoning Ordinance requirements will be an on-going and time consuming effort. RECOMMENDATION Planning Department staff recommends that the Planning Commission review the information provided and make a determination as to whether there is justification to revoke Interim Use Permit No. 16-04 for repeated violation of the terms of the permit.