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HomeMy WebLinkAboutItem 09 Date: May 15, 2017 Item No. _____ MIKAYLA RAINES INTERIM USE PERMIT Proposed Action Staff recommends adoption of the following motion: Move to approve the revocation of Interim Use Permit No. 16-04 and adopt the findings of fact for revocation. Overview On April 14, 2017, the City Council directed the Planning Commission to hold a public hearing to consider the revocation of the Mikayla Raines interim use permit allowing her to keep up to three foxes on property located at 12110 – 210th Street. The City Council was presented with information concerning violation with the conditions of the interim use permit. The Planning Commission held a public hearing on May 4, 2017. Several people spoke at the public hearing. There were also email comments submitted that were included with the Planning Commission packet via an on-line link. Based on the materials and testimony submitted, the Planning Commission voted unanimously to recommend revocation of the permit. Primary Issues to Consider • What are the City Council’s options on this agenda item? 1) Move to revoke the Interim Use Permit and adopt the findings of fact consistent with the Planning Commission’s recommendation, or 2) Move to deny revocation of the interim use permit, thus giving Mikayla Raines another chance to comply with the conditions of the interim use permit. Supporting Information • Findings of Fact for revocation of Interim Use Permit No. 16-04 • May 4, 2017 draft Planning Commission meeting minutes • April 28, 2017 planning report Financial Impact: $ None Budgeted: Y☐ N☐ Source: ______________________________ Related Documents (CIP, ERP, etc.): Zoning Ordinance ________________________________________________ Notes: Envision Lakeville Community Values: Safety Throughout the Community___________________________ Report Completed by: Frank Dempsey, AICP, Associate Planner_________________________________________ 192560v2 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA IN RE: REVOCATION OF INTERIM FINDINGS OF FACT USE PERMIT NO. 16-04 AND DECISION On May 15, 2017, the Lakeville City Council met at its regularly scheduled meeting to consider revocation of Mikayla Raines’ Interim Use Permit No. 16-04. The Planning Commission held a public hearing on the revocation at its regularly scheduled meeting on May 4, 2017 and unanimously recommended revocation of the Interim Use Permit. Mikayla Raines and the Property Owner were provided advance written notice of the hearing at the Planning Commission meeting and were provided an opportunity to speak at the meeting. The City Council considered the following information on the proposal: Materials and reports provided by City Staff, narrative and other materials submitted by Mikayla Raines, information from the Public Hearing and Planning Commission meeting of May 4, 2017 including the City Staff report and recommendation, emails from the public, heard testimony from all interested persons wishing to speak, and, based upon its knowledge of the property and the community, now makes the following: FINDINGS OF FACT 1. Sandi Raines, Trustee of the Sandi J. Raines Family Trust, is the owner of the property located at 12110 – 210th Street West, Lakeville, Minnesota 55044 and legally described as: That part of the Northeast Quarter of the Northwest Quarter of Section 35, 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. (“Property”). 2. The Property is zoned RA, Rural Agricultural and the primary use is residential. 3. In 2015, Mikayla Raines, a resident of the property, came into possession of foxes and installed an animal enclosure without first receiving approval of an interim use permit and 192560v2 2 administrative permit for the keeping of foxes and an animal enclosure exceeding 120 square feet on the Property. 4. In January 2016, a City building inspector discovered the foxes on the Property in response to an inquiry about a building being constructed near the south line of the Property. Mikayla Raines was notified of the violation concerning the keeping of animals on the Property. 5. Section 11-47-5(G) of the Lakeville City Code provides that the “keeping of animals subject to chapter 35 of this title” is a permitted accessory use in the rural agricultural district. 6. Zoning Ordinance Section 11-35-3D of the Lakeville City Code provides as follows: 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 provides for the keeping of house pets, but excludes domesticated wild animals. Subsection B refers to the keeping of horses. Subsection C provides for the keeping of farm animals. Foxes are considered domesticated wild animals that do not fall into any of the three categories provided under 11-35-3D. 7. Thereafter, Mikayla Raines applied for an Interim Use Permit for the keeping of foxes on the Property. As part of her application materials, Mikayla Raines indicated she would not keep more than 3 foxes on the Property. 8. The City Council approved Interim Use Permit No. 16-04 (“Interim Use Permit”) for the keeping of foxes on the Property, which Interim Use Permit was issued on April 4, 2016. 9. In addition to other conditions, the Interim Use Permit provided the following: • A maximum of three foxes may be kept on the [Property]. • An Administrative Permit application shall be submitted for the animal enclosure that is more than 120 square feet in area. • The keeping of all animals shall be compliant with the Zoning Ordinance requirements. • 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. 10. The Interim Use Permit also provided that “The City may revoke the permit following a public hearing for violation of the terms of the permit.” 11. Following the approval of the Interim Use Permit, City staff approved an administrative permit for an animal enclosure 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 under 11-18-7(E)(4). 192560v2 3 12. City staff conducted two inspections of the Property, after receiving public complaints and reviewing various news and social media reports that Mikayla Raines was in violation of the terms of the Interim Use Permit by having more than 3 foxes on the Property. 13. On June 22, 2016, City Staff arranged for an inspection of the Property with Mikayla Raines. During the inspection, City Staff observed two foxes in the pen and one on a leash in the front yard. When asked how many foxes she had on the Property, Mikayla Raines replied “four.” City Staff reminded Mikayla Raines that her Interim Use Permit permitted no more than 3 foxes on the Property. Mikayla Raines indicated that the fourth fox was temporary and would be gone in a few days. 14. On March 10, 2017, Associate Planner Frank Dempsey inspected the Property with the permission of Mikayla Raines. Mr. Dempsey observed at least 5 foxes on the Property. Another fox belonging to Mikayla Raines had been missing for some weeks at that time. Mr. Dempsey again reminded Mikayla Raines that her Interim Use Permit limited her to 3 foxes. Mikayla Raines asked how the Interim Use Permit could be amended to allow more than three foxes. Mr. Dempsey indicated that she would have to apply for an amendment to the Interim Use Permit. 15. As part of the inspection of the Property on March 10, 2017, staff verified that the animal enclosure measures approximately 40 feet x 50 feet in area. Inside the enclosure were five foxes including four new pen enclosures. 16. At the public hearing before the Planning Commission, Mikayla Raines admitted that she had more than 3 foxes on the Property, and that she desired to accept additional foxes from fur farms and breeders to provide a fox sanctuary. 17. 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. 18. At its regular City Council meeting on April 17, 2017, the City Council directed the Planning Commission to schedule a public hearing to evaluate the status of the Interim Use Permit and possible revocation based on the inspections performed by City Staff concerning the violations of the Interim Use Permit. 19. Following the public hearing on May 4, 2017, the Planning Commission determined that Mikayla Raines was in violation of the terms of the Interim Use Permit concerning the number of foxes allowed on the Property and recommended revocation of the Interim Use Permit. 20. The Interim Use Permit and all materials presented to the Planning Commission at the public hearing on this matter are incorporated herein by reference. DECISION 192560v2 4 1. Interim Use Permit No. 16-04 is hereby revoked. 2. All foxes must be removed from the Property within 30 days. Dated: _____________________, 2017. CITY OF LAKEVILLE BY: ______________________________ Douglas P. Anderson, Mayor ATTEST: ______________________________ Charlene Friedges, City Clerk Planning Commission Meeting Minutes, May 4, 2017 Page 6 • Infiltration and stormwater management on the property was discussed. They are meeting the City requirements. The proposed development will not impact the trees along Lee Lake. Motion was made by Lillehei, seconded by Einck to recommend to City Council approval of the following, located west of I-35 and south of 162nd Street (CSAH 46): A. Preliminary plat of three lots and one outlot to be known as Lee Lake Subdivision; B. Conditional use permit for a planned shoreland development; C. Amendment to the Jackson Landscaping planned unit development (PUD), and development stage PUD plans for a 120 dwelling unit multiple family building and a 62,400 square foot self- storage facility; and D. Vacation of a public drainage and utility easement (Document No. 3023214) and a public drainage, utility and sloping easement (Document No. 1107262), subject to the seven stipulations listed below: 1. The submitted plans and applications shall be subject to review by the DNR. 2. The developer shall provide the ingress/egress and cross parking and utility easements over drive-aisles, surface parking stalls and private utilities within Lots 1-3, Block 1. 3. Construction of the future retail building on Lot 1, Block 1 shall be subject to PUD Development Stage Plan approval. 4. All grading, drainage, erosion control, and storm water management issues are subject to review and approval of the City Engineer. 5. All utility issues are subject to review and approval of the city Engineer 6. Park dedication requirements shall be satisfied as a cash fee in lieu of land in accordance with Section 10-4-8 of the Subdivision Ordinance and the 2017 Fee Schedule. 7. The existing billboard within the subject site shall be removed from the subject site consistent with Zoning Ordinance requirements prior to the issuance of any building permits. Ayes: Einck, Lillehei, Swenson, Kaluza, Reuvers, Drotning, Bakewicz Nays: 0 Mr. Morey thanked the development team and agreed with Commissioner Lillehei that the development team conducted an excellent neighborhood meeting. 7. Mikayla Raines Chair Swenson opened the public hearing to consider the revocation of Interim Use Permit (IUP) No. 16-04 issued to Mikayla Raines for the keeping of up to three (3) foxes pursuant to Chapter 11-35-3.D of the Lakeville City Code, located at 12110 – 210th Street. Chair Swenson explained the purpose of this public hearing and the purview of the Planning Commission in regard to this agenda item. Based on the findings, the Planning Commission will make a recommendation to the City Council. The Planning Commission will not review or determine whether a fox sanctuary on this property is appropriate. Planning Commission Meeting Minutes, May 4, 2017 Page 7 Chair Swenson explained that individual comments should be kept to three minutes, and asked that people do not repeat what has already been said. He asked those in attendance to please refrain from clapping or interrupting the person speaking. He added that negative remarks about City staff or the Planning Commission will not be tolerated. Mikayla Raines and her sister, Jennifer Swanson, presented an overview of why she felt that Mikayla should be able to keep foxes on her property. Ms. Raines stated that her IUP that was approved last year states that she can have three foxes, and right now she has more than three. Ms. Swanson stated that rescuing foxes and teaching children at the schools about foxes and fur farms is something that Mikayla is extremely passionate about. She wants to have a sanctuary on the property and she wants to dedicate her life to rescuing animals. She has her USDA license and has constructed enclosures for these foxes consistent with USDA requirements. Mikayla is continually being contacted to take in more foxes. Ms. Swanson stated that Mikayla is contributing to the community in great ways. She is asking to be able to continue to bring foxes to her property, save them from being destroyed, and then find good homes for them. Ms. Raines apologized for not limiting the amount of foxes she keeps to three. At the time the IUP was approved, she was not aware of the fur farms and now she wants to be able to save the foxes when she can. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Mikayla Raines proposed and had received approval of an interim use permit (IUP) on April 4, 2016 allowing her to keep up to three foxes on the property. Through public notifications, news reports, social media sites, and two site inspections, staff documented that there are more than three foxes being kept on the property. Ms. Raines has indicated to staff and on social media sites that she has obtained baby foxes that she raises as well as other domestic house pets and wild animals that may be injured or have other needs. Mr. Dempsey reviewed the conditions of the approved IUP. The approved IUP does not allow the keeping of any wild or exotic animals other than foxes. He reviewed the Zoning Ordinance requirements for the keeping of animals in the City. He pointed out that the Zoning Ordinance states an IUP shall terminate upon violation of the conditions under which the permit was issued. Mr. Dempsey identified other violations on the subject property, which are listed in the April 28, 2017 planning report. Following the approval of the IUP, City staff approved an administrative permit to keep the foxes in a single enclosure approximately 140 square feet in area. The enclosure had been installed prior to obtaining City approval of the administrative permit. An inspection took place on March 10, 2017 where staff noticed a much larger (approximately ¼ acre) second enclosure had been installed without administrative permit approval. Inside this enclosure, which included four new pen enclosures, there were five foxes. Planning Commission Meeting Minutes, May 4, 2017 Page 8 City staff has confirmed that Mikayla Raines was issued a USDA permit to be a commercial dealer and exhibitor of foxes, but Ms. Raines is unwilling to provide staff with a copy of the permit. The current license will expire on June 17, 2017 unless it is renewed by the USDA. Mr. Dempsey commented on the number of e-mails that have been sent to the City mostly in support of Ms. Raines keeping the animals for fear the animals will be killed or sent to fur farms. Mr. Dempsey stressed that the purpose of tonight’s agenda item is strictly related to compliance with the conditions of the approved IUP. Mr. Dempsey stated that in consideration of the history of non-compliance with the conditions of the IUP approved in 2016 and because 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 approved IUP or by the Zoning Ordinance, the ability to enforce the conditions of the IUP and Zoning Ordinance requirements will be an on-going and time consuming staff effort. Planning Department staff is recommending that the Planning Commission review the April 28, 2017 planning report and make a determination as to whether there is justification to revoke IUP 16-04 for repeated violation of the terms of the permit. Chair Swenson opened the hearing to the public for comment. The following people spoke at the public hearing: Jordan Van Osdel, 15551 Dunraven Trail, Apple Valley Steve and Lynn Brekke, 20880 Laredo Path, Lakeville Mikayla Raines, 12110 – 210th Street, Lakeville Sandi Raines, 12245 – 125th Street, Lakeville Devon Thomas Treadwell, 3075 - 119th St. W. Faribault Tyler Kistner, 4885 Dominica Way, Apple Valley Russell Olson, 12150 – 210th Street, Lakeville Garrett Lampert, 14437 CR 35, Elk River Jim McCarty, 17477 Goodland Path Sheila Schwartz, 732 - 15th Street SE, Owatonna Kevin Wilken, Animal Care Inspector with the USDA John Vaughn, 1670 Mallard Drive, Eagan Regina Goncharenko, 18057 Everglade Court, Farmington Mitchel Rowlands, 20079 Ideal Way, Lakeville Coty Palmer, 11975 – 84th Avenue, Maple Grove Comments made from the audience: • Questioned the validity of the IUP? • Should consider amending or nullifying the IUP. • Thought with the proper licensing from the City of Lakeville, Ms. Raines would be able to keep the foxes. • Because the subject property is zoned permanent rural agricultural, this is a good use of the property. Planning Commission Meeting Minutes, May 4, 2017 Page 9 • Foxes are domesticated farm animals, not wild animals. • Keeping the foxes contained on her property seems to be a problem. • A neighbor commented on the urine smell from the foxes. • Foxes are a lot quieter than dogs, they don’t bark. • Suggested that Ms. Raines become a veterinarian if she wants to work with animals. • Are three foxes a realistic number? Could the number of foxes be adjusted? • Nice to have so many people united on one topic. • A USDA official shared with the Planning Commission what getting a USDA license entails. • We have a rare opportunity to save foxes that would otherwise be destroyed at the fur farms. • Should reach a compromise with the City so Ms. Raines can keep more than three foxes. • Ms. Raines explained that the expanded enclosure fencing was a requirement of her USDA license. • Ms. Raines helps special needs children through interaction with the foxes. • Should determine if keeping foxes on the subject property is impacting the Vermillion River Watershed District. Motion was made by Drotning, seconded by Reuvers to close the public hearing at 7:59 p.m. Voice vote was taken on the motion. Ayes – unanimous Recess at 8:00 p.m. Reconvened at 8:10 p.m. Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Chair Swenson thanked everyone in the audience for their comments and the respect everyone has shown. He reiterated the Planning Commission’s purpose related to this agenda item. • The City Attorney summarized the Zoning Ordinance requirements for the keeping of animals. She stated the City can be more restrictive than the USDA requirements. The applicant must follow the City’s Zoning Ordinance requirements. • The City of Lakeville allows up to three dogs. If you have more, then you need a kennel permit and they are only allowed in the agricultural districts by IUP. • Compliance with the approved IUP is the key to this discussion and Ms. Raines, by her own admission, has not been in compliance with the IUP. • The Planning Commission asked Ms. Raines if she has the desire to comply with the IUP? Ms. Raines indicated that two of the foxes are hers. The others are being sponsored. The rescuing of foxes is completely different from what she was originally asking for with her IUP. Planning Commission Meeting Minutes, May 4, 2017 Page 10 • The Planning Commission made it clear that they are not experts on the keeping of foxes. They are volunteers that help develop Zoning Ordinance requirements, and make recommendations to the City Council. • The Planning Commission is inspired by the number of people that come to public hearings and help educate the Planning Commission on topics like foxes and bee keeping. • The Planning Commission reiterated that tonight’s public hearing is to determine if Ms. Raines is following the conditions of her approved IUP. Tonight’s public hearing is not to consider an amendment to the IUP to allow more than three foxes to be kept. Chair Swenson allowed Ms. Raines and her mother, Sandi Raines, to come to the podium to explain that Mikayla keeps the baby foxes for a limited amount of time, she bottle feeds them for approximately 10 weeks and actively starts to find homes for the babies shortly thereafter. She is a non-profit and wants to continue rescuing foxes. • The Planning Commission is not opposed to the rescuing of foxes, but it is their purview to determine if the requirements of the Zoning Ordinance and the conditions of the approved IUP are being met. Motion was made by Reuvers, seconded by Drotning to recommend to City Council revocation of Interim Use Permit No. 16-04 issued to Mikayla Raines for the keeping of foxes, for repeated violation of the terms of the permit. Chair Swenson expressed his appreciation to the audience for the respectful dialogue at tonight’s meeting. Ayes: Lillehei, Swenson, Kaluza, Reuvers, Drotning, Bakewicz, Einck Nays: 0 There being no further business, the meeting was adjourned at 9:02 p.m. Respectfully submitted, Penny Brevig, Recording Secretary City 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.