02-18-2025 Planning Commission Packet (2)

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FILE # LA24-000066 18 February 2025 Page 2 of 8 domesticated animals or farm animals. Staff is considering pigeons as farm animals (fowl) as the pigeons will be kept outside of the existing single-family residence in a zoning district that permits the keeping of farm animals. Sections 62-1 and 78-1 of Orono’s City Code define farm animals as “cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honeybees.” Chapter 62 also defines animals as “farm animals and all other animals, reptiles and feathered birds or fowl except dogs, domestic cats, gerbils, hamsters and caged household birds”. Neither of the relevant Code Chapters provide standards specific to the keeping of pigeons. Staff conducted research of zoning regulations in other communities in the Twin Cities area, and other similarly-sized rural communities within Minnesota. Most communities do not have a broad definition of domesticated animals that could include pigeons, or reference pigeons whatsoever. Only one community studied, the City of Champlin, defines pigeons, regulates them, and requires an annual permit. The pigeons in this situation are domesticated show pigeons and have been described by the applicants as similar to other fowl or feathered birds, but kept in a manner more akin to farm animals in an outdoor building. Practical Difficulties Analysis Applicant Submittal Information: The applicant has provided responses to the City’s practical difficulty criteria. They indicate the lot size is unchangeable and excludes them from having farm animals. Additionally, they have selected a location on their property that best mitigates the potential impacts of the pigeons. By siting the coop 35 feet from the eastern property line and 55 feet from the southern property line, they will use existing tree coverage to screen the coop from other properties and East Long Lake Road. Planning Staff Practical Difficulty Analysis: Staff does not view a nonconforming lot size as a practical difficulty to support a conditional use permit for an accessory use, keeping farm animals. The property owners already have a conforming, primary residential use on the site. The minimum lot area requirements of one (1) acre for the dwelling and one (1) acre for each animal unit are in place to provide separation from the animals and adjacent neighbors. If the property cannot meet the minimum area requirements it may not be a good fit for keeping farm animals. If pigeons are found to be less impactful than traditional farm animals, the proposed location within 75 feet of the adjacent property lines may be reasonable. The existing natural features of the wooded property and topography may screen the use from neighbors. Conditional Use Permit (Sections 78-303) Section 78-303(3) states: Keeping of farm animals for noncommercial purposes and for the use of the occupants of premises, provided that: b. Where the applicant requests a conditional use permit to keep farm animals other than horses, there must be at least one acre for the dwelling and one acre for each animal unit. Calculations of minimum acreage required shall not include any land defined as a wetland or wetland buffer under Section 78-1602: This criterion has not been met. A variance is requested to allow farm animals on the subject property which is 0.77 acres in size. c. Any building or structure associated with the animals is located more than 150 feet from the nearest adjacent residence and at least 75 feet from the nearest lot line: 201