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Home My WebLink About08-20-2012 Planning Commission Packet PUBLIC ATTENDANCE MEETING DATE J ' ' C� ; � ❑ COUNCIL - ; PLANNING COMMISSION ' OTHER Assistive Listening Device available upon request. Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER � J �-�� ,� ��l�f j �fC �� `,� ��'. � � �� , ,� � � � 2. �; � �ly� ��l v� r ��." �,y�.-•f �- - �� L:� r , � � � �..(. � 3. � h � v`� !C> � -a?��:,Z� 1_ - 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. V:\(LEGAL FORMS)\�FORMS)\PUBLIC ATTENDANCE.DOC � AGENDA City of Orono Planning Commission Meeting for August 20, 2012; 6:30 PM � Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600/www.ci.orono.mn.us Council Representative: Cynthia Bremer Audience Members: � Please sign in for the public record if you wish to address the Planning Commission. The sign in sheet is in the lobby. Memos regarding each of the Agenda items are available in the Public Packet—located in the lobby near the sign in sheet. Items on the Consent Agenda, including (*) asterisk items, are reviewed in total by the Planning Commission and may be approved through one motion with no further discussion by the Planning Commission. Any items may be removed by any Planning Commission Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Applicants will be asked to move to the podium to answer questions after staff presents the application. The Planning Commission is an advisory bodytto�the City Council. If action is taken on any items on this agenda, they will be scheduled for an upcoming City Council meeting. �Consent Agenda � � * 1. Approval of Planning Commission Meeting Minutes of July 16, 2012. New Business ° 2. 12-3568 Jim Smith of Concept Landscaping on behalf of William &Anita Rouse, 4051 Highwood Road, Variance and Conditional Use Permit � 3. 12-3569 Chris Janssen of Mills Construction, LLC on behalf of Jason Wilsey, 990 North Shore Drive West, Conditional Use Permit 4. Roosters—Potential Ordinance Amendment Planning Commission Comments 5. Report of Planning Commission representatives attending City Council meetings on � July 23, 2012 &August 13, 2012. 6. Other issues for discussion. ADJOURNMENT . Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected 8� Email Nbtifications � a . � � Date Application Received: 07/19/11 Date Application Considered as Complete: 08/05/11 60-Day Review Period Expires: 10/04/11 To: Chair Schoenzeit and Planning Commission Members . Jessica Loftus, City Administrator � From: Melanie Curtis, Planning&Zoning Coordinator '� ^,V � IV' Date: 14 August 2012 Subject: 12-3568,Jim Smith of Concept Landscaping on behalf of William &Anita Rouse, 4051 Highwood Road CUP for Grading 0-75' zone Hardcover Variance Public Hearing ----------------------------------------------------------------------------------- Zoning District: LR-1B,One Family Lakeshore Residential, 1.0 acre/140' Lot Area: 0.5 acre (22,215 square feet) � Lot Width: 91'at the OHWL&96'at the 75'setback Application Summary: The applicant is requesting.hardcover variances within the 0-75' zone in order to remove and replace the lake yard stair. A CUP is also required as the amount of disturbance in the 0-75' zone exceeds 10 CY. � Staff Recommendation: Planning Department Staff recommends approval with conditions. City Code Sections � Sec. 78-1282. Driveways,stairways, lifts and landings. . Sec. 78-1286. Topographic alterations/grading and filling. � Sec. 78-1288. Hard cover limitations. • List of Exhibits " Exhibit A. Applications Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Stair Plans � Exhibit E. Submitted Hardcover Calculations , Exhibit F. Site Photographs—by Applicant Exhibit G. City Code Sections Exhibit H. Property Owners List Exhibit I. Plat Map Background The applicants would like to reconstruct and reconfigure their lake access stair system to make it safer and allow for better screening from the lake. The lake access stair hardcover is allowed hardcover within the 0 to 75' zone however the new stair configuration will increase hardcover by 251 square feet and must be reviewed and approved as a variance. � FILE#12-3568 ' 15 august 2012 Page 2 of 4 ------------------------------------------------------------------------------------ LOT ANALYSIS WORSHEET Lot Area/Width: - LR-16 Lot Area Lot Width �Required 43,560 s.f. (1.0 acre) 100'� Actual 22,215 s.f. (0.50 acre) 91' @ OHWL&96' @ 75' ' Hardcover Calculations: Hardcover Total Area Allowed Hardcover Existing Hardcover Proposed Zone in Zone Hardcover 0-75 7,610 s.f. 0 s.f 1,104 s.f.* 1,235 s.f. (0%) (14.5%) (16.2%) 75—250 14,605 s.f. 3,651 s.f. (25%) 5,040 s.f.* 5,040 s.f. (34.5%) (534.5%) *After exclusion of fabric or plastic-lined landscape beds ------------------------------------------------------------------------------------ Hardcover Variance The applicant's proposed plan increases hardcover within the 0-75'zone by 251 square feet over the existing level; resulting in 16.2% hardcover where 14.5%currently exists. The increase is the result of widening the stair to the code-allowed 4-foot width where the current stair is approximately 2.5 feet wide. Conditional Use Permit � Earth movement which exceeds 10 cubic yards within 75 feet of the lake requires a CUP. The , applicant's grading activity is very minimal and may not quite trigger the CUP requirements; • however,staff felt it was appropriate to follow the CUP review analysis. The City Engineer has reviewed the plans from a stability and safety perspective; and has generally approved the applicant's plans. The public hearing should address any additional non- engineering related concerns regarding erosion prevention or stabilization of slope; natural re- .vegetation and appearance from the lake, excess hardcover and impacts to adjacent properties. City Code section 78-1286 offers guidance for reviewing this type of CUP. • • Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. Comment: The proposal will be reviewed to assure limited exposure of bare soil and .-.. -. establishment of stabilizing vegetation. • • Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. � FILE#12-3568 15 august 2012 Page 3 of 4 , Comment: The City requires the applicant have an erosion control plan and collects an escrow security to assure the applicant and contractor will maintain erosion control protection throughout the duration of the project. • Fill or excavated material must not be placed in a manner that creates an unstable . slope. Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer for continued slope stability and must not create finished slopes of 30 . percent or greater. - Comment: The city engineer will review the plans to assure protection of the slope as well as the lake. • Fill or excavated material must not be placed in bluff impact zones. Any alterations � below the ordinary high water level of public waters must first be authorized by the commissioner of the department of natural resources under Minn.Stat. § 103G.245. Comment: Alterations below the OHWL or within a bluff impact zone are not proposed. • Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby property. .. Comment: Topographic alterations are not proposed. �-:= , • Placement of natural rock riprap, including associated grading. of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit shall be obtained per the requirements of section 78-969. NA � �• Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the elevation or the ordinary high water level are subject to � • approval of the department of natural resources and other agencies with concurrent jurisdiction. NA Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon tf►e health, safety and welfare of the community, existing and anticipated tra�c conditions, light and air, danger of fire, risk to the public safety, and the effect on va/ues of property in the surrounding area. The P/anning Commission sha/l consider recommending approval for variances from the litera/ provisions of the Zoning Code in instances where their strict enforcement would cause practica/ di�cu/ties because of circumstances unique to the individual property under consideration, and shall recommend approva/only when it is demonstrated that such actions will be in keeping with the spirif and FILE#12-3568 ' ° 15 august 2012 Page 4 of 4 intent of the Orono.Zoning Code. Staff finds the applicant has demonstrated practical difficulties specific to the topography of the lot and in the orientation, width and condition of the existing staircase. Staff supports granting the 0-75' zone hardcover variance and a CUP to allow construction of the new stairway to the lake. Issues for Consideration • 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? � 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variances? 4. Does the Commission find there are additional conditions which should be placed upon the CUP approval? 5. Are there any other issues or concerns with this application? Staff Recommendation �• Planning Staff recommends approval of the CUP for the minimal grading work within the 0 to 75 foot zone as well as a hardcover variance to allow the reconstruction and reorientation of the lake access stair. � PC Exhibit A � City of Orona Variance Application Sfreef Address: Application# / v�} -3 'rJ�� ;�� 2750 Kelley Parkway Date Received: 7-1 -/� � Orono, MN 55356 Q � Staff: � � •Main: 952-249-4600 Fee: 7 - +� � ,,;j� �+ fax: 952-249-4616 Renewal: $350 �',�, : • � �ti�" Maifing Address: After-the-fact: 0 Double Fee �.�.E�og,� P.O. Box 66 . Escrow Fe . $700/ ,500 Crystal Bay, MN 55323-0066 This application form must be completed in full. Appficant will be notified within 15 days as to the status of the application. Incomplete applicafions will not.be placed on Planning Commission Agendas. PROPERTY INFORMATION: � � � � � Site Address; """ ��l ��1 �"n °°� �� Property Identification Number(PIN): e7- �� -�3 -�-�-f -CaC�7� °° Date Property Acquired (month/year): o _ ❑ Yes, I own the adjacent parcels. Zoning District: . � APPLICANT INFORMATION: (Co plete legal names n�marital status r quired for each interested party) Name: o�,.ce �- ; J�.,.� 5.��.��. Phone (home): �. -�E•'l - `�� Phone (work): Complete Address: S c: . � o��--� ' City, State & ZIP ��,."„�� c S 3�� EmaiL ��.5��310� ��aw��eJ,�e{ .�.�-� Fax: �SZ-►�I'11-�-tli `� OWNER INFORMATION: (Comple�legal names and marital status required for each interested party) . Name: : �i�:l,`� «-� d,-�-5� ' Phone (home): • S 1- �l - b \ hon (work): �,l�$t�-�-�g S` Complete Address: \ � �do 00. City, State ZIP � t� � S 3� EmaiL ��,.,�.Se� �'3-3 o a��. C o � Fax: DESCRIPTION OF REQUEST: � Describe the request in detail (attach additional sheets if necessary): V v � C � � ��.. f c� 1ti_ � \al. L�S _�� , �C \ ti't��r�-�� c u` � � `\ �CJ SS � 6LJ� l� U's O•q., h'� �a u7� o �w� � o S�a h. d� ��'l�b , l� c"7 �� u� � s 20�2 CITY OF Of�ONO REQUIRED SUBMITTALS: . All of the following information must be submitted by the app(ication deadline date in order for your .application to be processed. �� e� .J.� _ Z, uYi' ❑ ' 0~ � � Escrow Agreement si ned � '� �� _ (tC► c2 E�`.�. . • � . ., , . :. . . �� .� ❑ _ � Pre-A�� lication Form _ . .. , .. _ . _._ � � � .��* ° �� ❑ � � �Practical Difficulties Documentation � �, . _ _ . _ :� � g �-- �P.o.t�'� �O�`�e _s, - � .� ,_. . : _ . , . ._ . ..,. .__. . ._� , . . .. ❑ ❑ Surve � meetin ALL re uirements �� . ie,:.�� s _s ` _ �,� �; �.: _.. : .. _ _ _ .. . . . _,. .. _ _ . . _ ' ❑ � Hardcover Calculation s � • � . . �v��.- �� . _ _ '—�v . ��" '. It1 ' S"�`'�� C'e = �li� � =4 h. , � : . : : � ; ,.. . __ .. . _ . ._. . _._� ... t , : __ _ . _ �___.._ �_�_.._._. .. ,� : � _9. � ,�V Wetland Defineation ' . ,. . _� . ' �`�r'��B.�fifer`-`,� _ , . : �^- - ` __ ;� . :� _ _ . __ _ � . _.�. : - . .. _ .. ❑ Buffer Im rovement Plan n�- �� - � APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, � • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • ' ' • Certify that the informafion supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitEing a complete application .being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. � , • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. ' � , �• Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please�make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to yo r project. . � �.� �� Applicant's Signature: o� ��I..n,�� ,�J;,,.� Date: �`�"�`�� . a w..'E� '� �'o�..c e�E- Applicant's Signature: �—a�s =� � �Date: Owner's Signature: ` j� �� Date: �`�*`1 \'� . � Owner's Signature: Date: � RECEIV�D � JUL 18 2012 .� . . CITY OP ��2C7N0 - . . RECEIiIED City of arono �u� 1 s zo�z Conditional Use Permit or Ca�oFOROtie Other Land Use Permit Application ' Sfreef Address: � '" `'=' � 2750 Keiley Parkway. Application# _ ''��./�j.':., Orono,MN 55356 Date Received: /�'� r/��, Staff: �`�.V L/`,'� Main: 952-249-4600 � . _ J ` �?�::;.. '' fax: 952-249-4616 Fee: I�,a �'�•;�.,; p,,�, Mailing Address: EsCrow#&$ .� 4i-,f.r.. -. ��-�� ci�::: -�:,-;•� �;. P.O.Box 66 � 'F' '1�i t:,��r��;� p„ Crystal Bay,MN 55323-0�66 Permit Fee .{,Qk��.:oSr.t4'�' . Notes: �SH This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. incomplete applications will not be placed on Planning Commission Agendas. Job Site Address: CONTRACTOR/APPLICANT INFORMATION: Name: Conc�.oi' La�e d 5caow•a� Phone: 4S�. +l'1 z +1 ��`d Fax: q5� +!T'z y�f 9 Address: �r�' P,�.'.s� La,�.,_ - CitY: t^'Iou�NO ZIP: 5536'{ " " Contact Person: .5;;,,,,� P �y. �,,,,,;,�� ContacYs hone number sa►n«.�_ Email '�h•5,,,,�TK 31oz @ Applicantis: Contractor Homeowner (CircleOne) �- -�rot►'4�ec,w�'E , ma'C PROPERTY OWNER,�f�FORM�TION: � Name: {�tL� ov�s� � Phone(day): �� `d1� c8 Mailing Address: �ID51 L-�i�k.Joa�. c� O naxo ZIP: 553��{ Email and/or Fax r ousd� i z 3 � a.o 1 �w� Overall Project Description: � ��,R, ��kacc s -}o .Aa.k�e.. Check Box TYPE OF CONDITIONAL USE PERMIT A IicaUon Fee Escrow After-the-Fact Double Amend Existing CUP � �700 N/A Commercial!Industrial Use �700" $700 Duplex Credit(per building) � �700* 5700 Grading and F.illing-501 cu.yd.or more 5700"+Permit Fee $700 Grading and filling—within 75'of OHWL(includes seawalls&reiaining walls) �700"+Pertnit Fee $700 � Grading and filling—wettand and floodplain �700*+Pertnit Fee $700 Guest Hause/Guest Apartment 5700* $700 Industrial(church,school,etc.) �700* $700 Renewal, IF no change to ori inal plan $350 NA Residential Accessor Structure �700` �700 Check Box OTHER LAND USE APPLICATIONS Application Fee Escrow A eal of Administrative Decision $100 NA Commercial Site Plan Review $700" �10,040(minimum) Comprehensive Plan Amendment 5700 NA Easement/Ri ht-of-Wa ROW Vacation,with Subdivision �200" NA Easement/Ri ht-0f Wa ROW Vacation,without Subdivision $700" NA Rezoning �700 NA .•� PID(5 acre minimum er code) �2001 acre miraimum�1.000 510.000(minimum) � PUD Rezonin H 12 Corridor Onty —Residential �700+$40 er dwellin unit �10,000(minimum) PUD Rezonin H 12 Corridor Onl —Commercial/lndustrial $200/acre minimum�875 510.000(mmimum) �._�.____�...._._.�._---.._...._---•-- *plus,Engineering& Legal Review Costs RGy��G� JUL � 8 2012 Cl�OF OR�N� RECEIV�D , JUL � 8 2012 REQUIRED SUBMITTALS: �� (�RONO All of the following information must be submitted by the application deadline date in order for yo lic t on o be processed. ..;;.. Not :: , . ..:.:_, .:.:: � . �. �.�RCios�? . .A":� lieable :.:;-: ;.: ..::. ' ....., . _._ . . .,,., ... ......:.. .................. .. ..........,: ❑ ❑ Escrow A reement si ned . .;; .� ..;:-�: .... .;.;:..� ..:: :..... 'Escrow.r.ecet�red.:.; ...:::.:>.. ... .. <„�.�. .<.: :....-: ; .. . . ..::.... ..... . . :.. .: ....,.. ,. O ❑ Pre- lication Form '. �:' � . .::':.... :;. .D...::•:. . A::_licat�o!?-'Form..:`... . .:::: . ._.. .......... .. .. ... .. . .. ..........�. . , ... .,_,.. ...., .,.:.,.. ❑ � Certified Pro e Owners List . _ , .. . ..... ... �:.CI .':: _ �::.:�.. . Sun!e .(me:ettn AL.Lre,u�rementsl ........: .. .,�::... . . ::� . ....:.• ... .. ... ...... .......... � ❑ Pro osed Plans . _. , .::::.D...:.�: .....,,';: R...:;:..,.. .Har'daove.r:GaEc�il"atr�an s.:::: ::,:�:... ...::..:......:..:.. .. . .:. .. .. : .::. _ . ..... .... . ,-. � ❑ � Se tic S stem Site Evaluation Re ort . � .: :�..�.. .:: .,. ...;> C]..,..:::. .. .Wefland:D�itneation ,..:.:. ..... ::: .;::. .. ., .`:: _ . .;,. , :- :.,,. _ ...:: .. ...,::_ . ❑ ❑ � Wetland Buffer Evaluation _ _ _ _ _ _ _ .. . . ,.;:. t�..:.:::.. ....;....F'J.....`�:... >B:af.fer.im`r.ouerriettt.Ptan...r .. ...:::: .. ..::;. ...:.:.:: ..,,::; ;... .<;; ....: ... ..... .. . . O ❑ J .... . .. , ❑ . � APPUCANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment} and/or consultant expenses incurred in review of this application, and - • Certify that the information supplied is true and correct to the best of hislher knowledge. The applicant and . owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by eity Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner andlor Appficant acknowledge they must be present at all scheduled review meetings of the . Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Owner's Signature: �i./..��'�-�. Date: 1 F� ! �� Owner's Signature: Date: Applicant's Signature: _—,�� Date: -� - 3 - ►L Applicant's Signature: Date: RECEIVED JUL 18 2�11 �tTY OF ORONO .� ' PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance app(ications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical diffculties be demonstrated in . • order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land`owner. Personal and economic situations are nof considered valid pracfical difficulfies. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you � leave something out it will not be considered. Please address each of fhese difficulties criferia as they relate to fhe reque`sf, if they do nof apply, write N/A in the y space provided: � 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter.° � � ' �J�� ` � otW. wo� S�a.�e � a,,,.. o:, a S�'^� b�� ,. �� .�� s�.�- '- �.�. � �� o c cic s a.�s �a l�e ln.� - o�.. ��cs ws�eKAo ea.�� .�v_ "�i' "�'O �`2�`LC.e e�-lv.0 C'L Q� S�C`� G Y� "� a C . . 2. "The pli�ht of the I downer is due to circumstances unique to his pr�perty not created by e landowner." � � �a� �� a..r�: l,� w`-�� c �v�,ti�e o �e ':�� eti� `��e �+ 3. The variance, if grant d, will not alte(r the es e tial character of the localityt" �� a y a �•o�� .t-� b� `t� `� G�nv�rc�c,Fer' ct.1 �� W�o ��. GLQST� �� c i. 0. X�C.��r o ''E'�.z �a L°, 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists und�r the terms of the Zoning Chapte ." I\ ; , l..`C `I S W.zs'� CL.A�`�[a. �P �S "��7 5�S ��`� C� �c�wµ��r n.«:1 �t ��•t.� 5. "Practical difficulties include, but are not Iimited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesofa Statutes, Secti�116J.06, Subd. 2, when in harmony with this Chapter." 1 � 5 `,s wa L �:o l` c�,l�l 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected p rson's lantd is located." �� e`• t.�1 t ` r ' '�'� `t'�C' n,�e_ a.r � a�ec� �e o'�� `E�'`.2 L.:� a. .t4.z ��,.•�e... ' . RECEII/�D Variance Application U.pdated: January 31,2012 • - �s- JUL 18 2012 CITY�F�F20N� � .. 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwellin 'g_� ( f � �:..5 4� u.a'`� ��e C°��'c 1�� 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediat d�oining roperty." \ � ` �ti..� s�� cm.�. `.sS�� ''r-e��: �fi-1ti� -e�-t....� oT �� c�r S i S �(n� 1�+c.�:�..2 '� v �eI F ' 9. "The c itions do not a I enerall t other lan or stru�ures in the istrict in wh'ch said land is located." �� o p�gowS Y � ,a, ` t��+�.`��,e� �a �t '�d D �2 �a. �e.6�.a r e -Q r'c D a r�..1 - 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the app►li�caqnt." (� 1 -1 , `."�e- ne.�.eJ � `� i S 0.[t 0 a1,� GL S 43 2 �o�+�.� `. �,Q-�o t�-t�e. !- .� ^c`k•. ?_A oSi,o h. b e 6 w S S C W.-n�� S'L � '� � O cJ.L �� `�� $Ci� "t C ��.0 �c� � 11. "The granting of the proposed variance will not in any way impair health, safety, comfo�, morals, or in any other respes�.h�_contrary to the intent of the Zpning C de" � 1,.`�S `c S �-� �.rc�io�;t2 s�a.��-�,e...�� 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to allevia#�i�emonstr ble difficulty." ` ` n y`, �h�\� ��` `a�` �Q Q�,\ �1�4qr SO � ��r 4� VS��l \�� , C �G w � a� ` �� A.•1 d �i 0��p �k�Ti C Practical Difficulties Statement � Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compfiance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): ` �A„�.�L � ��.� W�.e��:v� �V�,2 �rA�a h.� lJ'�A �e ax2. c�c�\a-��, ��e s�-e,ps '�o '�l�.e �a,.ke, �� a��l..�:o� 1 `�-�.2 C.u.i a�....� S�el4s �, o uo� �e�� Co�, d-� �+-•� S`a.`,�t-� .�.�� .��.�. �i.� a� �c c.�.e�,�- i ts�.e �.,��: ''E� 6�e y^- ��ta�o i cl o a„cti, s ecr�F�o k S w � �Q`�-�c�� c.J� �wti S�o s p l t So ^tie � �G �r o si,o� o�-�dL i'•��m�� `�'i`�a..`F C�..v o�-�.� li�-ap.0<'-�.S �.`�� c�'h� qo:.�.� S' �chi°op�'� d�v�ti '�� S�,P� . �e�GVo` 1w�o T4f \�1.��. WCAi�"�c�.�� c.s9��`� 0. 'S �O �0 • , \ �Oc7C o"`�'4^� � ° '`�'e� ��nw �� `o�.�� ' �� t Ci� (�O"t- ��. RECEIVED VarianceApplication Updated: January31,20,2 JUL � 8 2012 � - 19- C9TY OF ORONO � • ,il� E . ,� . � Ut WIL LIA MR � '� �ti .� �:�.,; OF TRACT A, R.L.S. NO. 1420 � `'°j� Y�tf� HENNEPIN COUNTY, MINNESOTA �� ,� ::':f�. .;:,� .s, �: ' x�� . \ � ,�.�-,,�'�5� � � � ;ti � ,.� ,956-—� � :� r. ��'— (961.5) �� ;� _�-.---� / g5��- F�CD �\ \ ��\\\\ - . P _ _ � � Qp - __ . � �_ �� __ ` ` _ �O� ST°"Fw ` � ��, \ �� . --, , �3 �' ` � �� \ �� p � /" l � � ��; �_ -' �QO �.,�.-- � � � \ `�'� -- ,�0�2 _ _- ��;-, ��,, � . `� `� � Vv \ \ \ � , . � N6,�'- __,��2�' '� �� , �, �. � � E � ao �� . N` // � g50��\\ � \� \� \\ r � '�° ,, �, � -� �9� \ ��\ ��\ \��\ � � � � � � � ��'ry�EXISTING ' '1•1-7. .. \ ��\ �\ w° I I (948.��——� BUILDINGOr, ?��.t (951:8)\ \\��• � I 1 �,� ry ^ �� f�� / � 1 � � � � ` �'� / � I 1 .--- � � -- �i � \ � � DECK � \� � I � � �� s;a.....`.'• Za.a � \ \ \ \�� 20 � \ `� � � � � \` � �� i(947.2) ---------- ,,� � EXISTING '� � � , � . }' � � w v�. �, �\ � i � � �' \ �P � � ��--�i (956.3) �—�� N � \ o � � � . �� y �' GARAGE ` i �� '� \�� ^ - � � � GARAGE FLOOR / �\ �\ � O � i� Z ELEV=954.2 / i �,——954— ——�\ ZA.5 \ \ �� \� �z � \ . �// � / � \ \ \ � \� Q¢ M \�-------�i /• m . \ � \\ Um O � (953.7) \ \ \ ,�' '�F�� G T '�, � ��'�;Tf�,� C r f.� ------� , z ��—� � (949.0) � �� ' � \ \ � . � � � ��_ -�5r ' \\ wO j \ ` ```�� \� ,� '� .fi2••• 27.s ! \`__� �\ � 950.8) � � R � . • / O i�.� � � RDER �\ i _�� I � a 35.1 -9�6-�.S \ �-__� ---1\ � � M /�^. � � EXISTING � ; �� (949.1) �� HOUSE �J cn r� ,.3 ,�o ,� � � m ; #4051 �952.-2>� �, s o U, , � ..� ,.3 , ---_ ,_ � (949.1) N i ��p sz.i � —�_ —�� %E EVS952.4 — � � � �� - � � DECK ff'. -.!�� -� 75' ;` .p �; \ y . ---o�\ ��-g48----SE�B�4G14-- __ v! _ � OG � 948.5 _ ——— LINE (948.9) (Tl —��` �� m (946.6) __ `'___ � __----946-4 -----_ _ — _CJ1�946_9) —_- '---___- � _�'�� \` / ,-- F � 4 _,=�---- -__ -p'----- -- (944.9) ____�� ______-942- . (940.1 `�� _ ------ ��-- �� PROPOSEDSTEP �94Q-� � --------___ T _ ��' � (9423y� �' � ---- ,� _cn— / --cJ38--- — —�, —�--��- �/'' ��MANHOLE � �/ � �n _�� BRICK BORDER(TYP) ———--—___ i p�� -- � 1�— --- ��/ � i�// O �— � _ --_�------__ —�� / �� o -----934---- � ___ __ _ _--_ ---- / _- ---� , , �\N%� o _----- �/ ///_ , // -- � �� Q-Q (939:7-�--g _ ____ � �� R 0 32-, +� O �� - S c+o rn �� ,- ' - �� ---_ N M --_ ��' � � (934.5) ,,—�' �� 0 c� LEGAL DESCF — � ,— � �� 2� � � 0 3 929.4 C � ___,�� , ,� ��,6-� O LINE �pHW� �� Tract A, Regist• —— ,, —�� ,'— . � files of Registr� _—— � ,—' � �ounty, Minne: _ -- ' ,+ __—�'�� / ' o : der � -—-942-= EXI: n / --�= Pro � �/ ,$1 L� A � E (931.7): EXI: � n // Bearings � . � � i � i � ic -rn � ii,� n • PC Exhibit D 1 ��w . �_ ,� .,� <" �� ' . �' . �� «.. ;` , U1 � � � � , � �� -- � �- N � � �- - . oW � � � z � � � � � -- _ �._ � . � �_ _ —_� l� ._ _ � ,,� . .. � � . _ � � . o � d . Ac � . � � � � ,: . - � � � ,... z� � � . � � j o � (j t t � � i: � � � � � � �: � r� � ;: � � �� P � g , � � N � � �j � � � N � /� � � . � � � � �� ' . V�' �� s � ' . ,. � � a ' �.�" � � —.\�.�' o � � � � � � � � � � . � � � � � � � � ��" � � � � � � � � . ti��. GiJ/L L /AM /�d�f J�� 7-/3-�Z PC Exhibit E • HARDCOVER CALCULATION WORKSH�ET SETBACK ZONE: (CIRCl.E�NE) 0-75' 7�-250' 250-�00` 300-1000' EXfSTING HARDCOVER IfV ZONE . A. House x = Z`f � S.F. Length � ' Width X .. . - S.F. . • x � - S.�. $. Garage x = S.F. C. Driveway x � = S.F. ° x � = S.F. D, Sidewalk Cox�c. rTr-Ps x . _ /2 0 S.F. STOr✓E X = ' /7 / S.F. E. Pati ec � x = � ✓�3 4 S.F. � x = - S.F. F. Landscape x = S.F. Underlain x = S.F. By Piastic x = S.F. G. Retaining � x = S.F. Walls H. Other Qo�e OFY�,J' /2 6 x O. 3 = ,3$ S.F. TOTAL HARDCOVER IN ZONE " - l/o¢ S.F. A � TOTAL PROPERTY AREA IN ZONE ' - 76/� S.F. B • A //o�L + g 7cs/o x100 = /4.Sr °/u : _ PROPOSED HARDCOVER IN.ZONE ` A. House x = S.F. Length Width x = S.F. x - � S.F. B. Garage � x = S.F. C. Driveway x - S.F. x = S.�. D. Sidewalk Ca�c. .J'�'E'r�1 X CT�.4 E R caeGvEn) _ — �� S.F. � x = S.F. /�icoPGL�'D fTE�S f �.�/ �. PafiolDeck x � = S.F. � x - S.F. F. Landscape x � = S.F. � Underiain x = S.F. � . By Plastic x = � S.F. G. Retaining x = S.F. Walls • • H. Other x = � S.F. RE'G•�!V TOTAL HARDCOVER lt�ZONE ' //o¢ _�2 p,� ��i _ !23'S S.F. A J �Q TOTAL PROPERTY AREA IN ZONE - '�6 i o S.F. B U� �8?Q�? A /2 3'S = B 7 6/O x 100 = /S. 2 3 CP1J�, . . • , oF�R�NO r w GfJ/L G//j N�l /��u r E 7�--13--/2 HAR�COVER CALCULATION WORKSHEET �' SETBACK ZONE: (CIRCLE ONE} 0-75' 75-250' 250-500` b00-1 d00' EXISTING HARDCOVER IN ZONE . . A. House x = 20 8 9 S.F. • Length � • � Widfh X .� = S.F. X = S.F. B. Garage x = 7`� ,(� S.F. ' Si�FO 2 8 5 C. Driveway ��'�� ,2 r r��C� t.v�t Lk x - _ �� ¢ i o S.F. � X . : _ - S.F. �. �1�£FMBHF P.tIOCy�QU G��4�< E I�TEPS X = 3 I T $.�. . X = � S.F. E. Patio/Deck � x = ' S.F. � X = - S.F. . F. Landscape x - S.F. _ Underlain x = S.F. By Plastic x = S.F. G. Retaining tu�c,� /� x !• 5 �''�' Z7 S.F. >.� Walls � /to c�: BO2��2 / 2 H. Ofher pa,�oE2s 3 s5 x o.3 = /0 7 s.F. TOTAL HARDCOVER IN ZONE - SO 4 O S.F. A TOTAL PROPERTY AREA IN ZONE - / 4. SC�.S S.F. B • A So4o -�- B l�f. 6^OS x100 = � 34�. S/ °/a PROPOSEQ HARDCOVER IN.ZONE A. House x = S.F. Length Width X = S.F. X � = S.F. B, Garage � x = S.F. C. Driveway x - S.F. x = S.F. D. Sidewalk x = S.F. X = S.F. E. PatiolDeck x = S.F. X = S.F. F. Landscape x = S.F. � Underlain x = S,F. f� N �; By Plastic _ x = S.F. i� � �= . w O . G. Retaining x = S.F. � `— u- Walls • V O � } . � ± F. H. Other x = S.F. �, � TOTAL HARDCOVER lt�ZONE � - 5.F. A TOTAL PROPERTY AREA IN ZONE _ g.F, g A �' B x 100 = % f1 -'^ ��.v+cc+ .a. .. . 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S�; . i.i�t'y�Y�i •t..r ' a •►. . . - .W .ii..-wt$�r PC Exhibit G • Sec. 78-1282. Driveways, stairways, lifts and landings. (a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the property has no other frontage on or access to a public or private road. (b) . Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to ' shore areas. Stairways, lifts and landings shall be allowed in the shore setback zone and must meet the following design requirements: �(1) Stairways and lifts must not exceed four feet in width. (2) Landings for stairways and lifts shall not exceed 32 square feet in area. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surtace of the public water, assuming summer, leaf-on conditions, whenever practical. �F�, ;�,�. (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimensional and performance standards of subsections(1)--(5)of this section are completed in addition to the requirements of the Minnesota Regulations, �chapter 1340. � (7) A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. (Ord. No. 101 2nd series, § 1(10.56(16)(F)), 2-24-1992; Ord. No. 59 3rd series, §2, 5-11-2009) Sec.78-1286.Topographic alterations/grading and filling. (a) Grading and filling and excavations necessary for the construction of '' ' structures, sewage treatment systems, and driveways under validly� issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this article. (b) Grading, filling or excavating of more than ten cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling or excavating of ten cubic yards or less shall require city staff review and permit and be subject to other pertinent sections of this chapter. --:;;a.. (c) Public and private roads, driveways, parking areas, and public or private watercraft access ramps shall not be constructed within 75 feet of the . ordinary high water level of the public waters enumerated in section 78- _ ' 1217. If no alternatives exist, such improvements shall be subject to the , standard zoning variance review procedure, and such review shall take into account the following considerations: (1) Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. ' (2) All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction. � (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and driveways, a land alteration permit will be required as follows: (1) For movement of one through 500 cubic yards of material anywhere • within the Shoreland Overlay District, a staff-issued land alteration permit - shall be required. (2) For movement of more than 500 cubic yards of material with in the Shoreland Overlay District, conditional use permit approval by the city council is required in addition to the required land alteration permit. , (e) The following considerations and conditions must be adhered to during � � the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 1,2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would •' affect the following functional qualities of the wetland: a. Sediment and pollutant trapping and retention; b. Storage of surface runoff to prevent or reduce flood damage; c. Fish and wildlife habitat; d. Recreational use; e. Shoreline or bank stabilization; and f. Noteworthiness, including special qualities, such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other sections of city ordinances or by other local state or federal agencies including but not � limited to watershed districts, state department of natural resources, or the United States Army Corps of Engineers. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. � (3) Mulches or similar materials must be used, where necessary, for � temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. • (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. (5) �Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water � conservation districts and the United States Soil Conservation Service. (6) Fill or excavated material must not be placed in a manner that creates an unstable slope. (7) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer for continued slope stability and must not � create finished slopes of 30 percent or greater. (8) Fill or excavated material must not be placed in bluff impact zones. (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner of the department of natural resources under Minn. Stat. § 103G.245. (10) Alterations of topography must only be allowed if they are accessory to ' permitted or conditional uses and do not adversely affect adjacent or ' nearby property. (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit shall be obtained per the requirements of section 78-969. (fl Excavations where the intended purpose is connection to a public water, s,,,_. such as boat slips, canals, lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the elevation��or the ordinary high water level are subject to approval of the department of � natural resources and other agencies with concurrent jurisdiction. . (Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24-1992; Ord. No. 127 2nd series, § 8, 7-11-1994; Ord. No. � 163 2nd series, § 3, 12-8-1997; Ord. No. 171 2nd series, §2, 4-4-1998; ' Ord. No. 28 3rd series, § 17, 8-22-2005) Sec. 78-1288. Hard cover limitations. (a) Hardcover allotment. The following hardcover restrictions apply to all properties in the Shoreland Overlay District: (1) Hardcover zones. - a. Within 75 feet of the Ordinary High Water Level (OHWL)of any lake or ' tributary, no hard cover or impervious surface shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. b. Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hardcover. . c. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. d. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover.:�;:.- (2) Zone to zone credit/debit. a. The allowed allotment of hardcover for the 250 feet to 500 feet zone or ` the 500 feet to 1,000 feet zone may be increased up to an unused square footage of allowable hardcover of a zone closer to the OHWL. b. Unused hardcover cannot be transferred to a zone closer to the OHWL. c. If hardcover is credited from one zone to another, additional hardcover � may not be later added to the zone closer to the OHWL if the presence of such hardcover would have prevented the crediting. � d. The allowed hardcover in any zone shall be decreased by the amount of legal non-conforming hardcover in the zone next closer to the OHWL. (b) Additional hardcover provisions. (1) Overhangs: a. Where an overhang is.supported by a post, the area under the overhang to the outer edge of the post shall be considered as hardcover. b. All but the outer two feet of an unsupported overhang ten feet or more off the ground shall be considered hardcover. The following drawings are included for illustrative purposes: [Drawing 1]. , (2) Decks:Hardcover may be added under a deck attached to a principal ' structure if the deck is conforming or legal nonconforming and the added hardcover is otherwise permitted. (3) Driveway easements:The following principles apply where one or more � properties�(secondary property) gain its driveway access from an adjacent property(primary property) by virtue of a driveway easement: a. That portion of the driveway on the primary property that serves both the primary,and secondary property is considered hardcover for the primary property. b. That portion of the driveway on the primary properly that serves only the secondary property is not considered hardcover for either the primary or secondary property. � c: The area of the driveway on the primary property that serves only the secondary property shall not be included in the lot area of the primary property for purposes of calculating hardcover. The following drawings are included for illustrative purposes: [Drawing 2]. (c) Fufure improvements. The following items shall be included in hardcover calculations regardless of whether they are proposed to be construction at the time of building permit application: � (1) Proof of a two-car garage (detached or attached). (2) For all garages a driveway, subject to the standards in paragraph (d)of this section. (3) A 24 inch wide sidewalk from the front door to the driveway. • (4) The minimum stairway or landing at all exterior doors as required by the building code. (d) Driveways. All driveways shall comply with the following minimum dimensional standards: (1) Driveways serving end loading garages shall maintain a driveway apron � with minimum width equal to the width of the overhead door(s). For purposes of this section, a driveway apron is that portion of a driveway that extends 15 feet from the _ _ • garage door(s) on an end loading garage. (2) Driveways serving side loading garages shall provide a minimum turn � around or back up depth of 20 feet, as measured from the garage door(s). (3) Minimum driveway taper ratio shall be 2:1. (4) Driveways shall be at least eight feet in width at the street or private road. (5) A turnaround shall be provided for a driveway with direct access to an `� arterial or collector roadway, or for a side load garage as determined necessary by the city planner.The minimum dimensions of the turnaround shall be eight feet in width by 12 feet in depth. . (6) "Wheel strip" driveways are allowed, but the entire width of the driveway (from outside to outside of the strips)will be considered hardcover. (e) Compliance. (1) It is unlawful to convert, enlarge, or alter any structure or use any structure in a manner that violates the hardcover limitations. �?• (2) Nonconforming hardcover may not be relocated or expanded in any way . �.,.. . , unless the property is brought into conformance except: a. A roofline may be changed but the roof may.not be extended over , unroofed portions of the structure. b. An additional story may be added over roofed portions of a structure. c. An open or screened porch may be converted into a two or three season porch or year round living space(including replacing a postfoundation ' with a perimeter foundation) provided hardcover is not increased. (3) This section is independent of lot coverage regulations in the city Code. Accordingly, a property must conform to both hardcover and lot coverage regulations. � . .�,� � PC Exhibit H i ` RUN DATE: 7/23R012 HENNEPW COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) I i � 38 07-117-23 44 0003 38 07-117-23 44 OOU4 38 07-117-23 44 0005 CHRISTINE L WOOD P S&E A LUZAICH KABAR Il LLC 4005 NORTH SHORE DR 4009 NORTH SHORE DR . 4017 NORTH SHORE DR CHRISTINE L WOOD PETER&ELIZABETH LUZAICH KABAR II LLC , 4005 NORTH SHORE DR ' 4009 NORTH SHORE DR 4017 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 44 0009 38 07-117-23 44 0010 38 07-117-23 44 0011 R S PROCHNOW&S B PROCHNOW JOHN T SANBORN ETAL F LJOHNSON&D G FOSS 4075 HIGHWOOD RD 4079 HIGHWOOD RD � 4091 HIGHWOOD RD ROBERT S&SARAH B PROCHNOW J T SANBORN FREDERIC JOHNSON 4075 HIGHWOOD RD 4079 HIGHWOOD RD 409I HIGHWOOD RD MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 44 0012 38 07-117-23 44 0013 38 07-117-33 44 0014 ALONZO B SERAN III GARY L GERMUNDSEN JACK D&EILEEN M STEWART 4099 HIGHWOOD RD 4101 HIGHWOOD RD 4105 HIGHWOOD RD ALONZO B SERAN Ill GARY LAWRENCE GERMUNDSEN JACK D STEWART 4099 HIGHWOOD RD 4101 HIGHWOOD RD , 17405 23RD AVE N MOLfND MN 55364 MOUND MN 55364 PLYMOUTH MN 55447 38 07-117-23 44 OOIS 38 07-117-23 44 0031 38 07-117-23 44 0037 G W&J LAPPLEBAUM SCO'[T G&CA'CHERINEANDERSON 7AMES M CLEARY . 4109 HIGHWOOD RD 4132 HIGHWOOD RD 38ADDRESS LJNASSIGNED GEORGE W/IOANNE LE.PPLEBAUM SCOTT G&CATHERINEANDERSON 7AMES CLEARY 4109 HIGHWOOD RD 4132 HIGHWOOD ROAD 4109 NORTH SHORE DR MOUND M1V 55364 MOUND MN 55364 MOLJND MN 55364 38 07-117-23 44 0038 38 07-117-23 44 0056 38 07-117-23 44 0057 JAMES M CLEARY HENNEPIN FORFEITED LAND STATE OF MINNESOTA 4109 NORTH SHORE DR 38 ADDRESS UNASSIGNED 38 ADDRESS LJNASSIGNED JAMES CLEARY CITY OF ORONO DNR REAL ESTATE MGMT 4109 NORTH SHORE DR P O BOX 66 ATfN DEBBIE GURTIN MOUND MN 55364 CRYSTAL BAY MN 55323 500 LAFAYETTE RD • ST PAUL MN 55155 38 07-117-23 44 Q058 38 07-117-23 44 0059 38 07-117-23 44 0062 HENNEPIN FORFEITED LAND HENNEPIN FORFEITED LAND NANCY L MACGIBBON 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 4056 NOR.TH SHORE DR C1TY OF ORONO CITY OF ORONO NANCY L MACGIBBON P O BOX 66 P O BOX 66 11500 TIMBERLINE RD CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 MINNETONKA MN 55305 38 07-117-23 44 0066 38 07-117-23 44 0067 38 07-117-23 44 0068 1 L ELMORE S K A ELMORE J M CUMMINGS&M R CUMMINGS V G&M C REDWING 4060 NORTH SHORE DR . I505 NORTH ARM DR 1493 NORTH ARM DR . JOHN&KRISTEN ELMORE JOHN M&:MARIE R CUMMINGS VIRGIL/MARYALICE REDWING 400D NORTH SHORE DR I505 NORTH ARM DR 1493 NORTH ARM DR MOUND MN 55364 MOUND MN Si364 MOUND MN 55364 RECEOVgD JUL 2 5 2012 CI�I OF ORONO RUN DATE: 7/23/2012 HENNEPIN COUNTY PROPERTY INFOIL�IATION SYSTE�I(PROPERTY OWNERS L[ST) PC EXFI1I�It H�l !i 38 07-117-23 44 0074 38 07-117-23 44 0076 38 07-117-23 44 0077 VIL OF ORONO WILLIAM R&AMTA M ROUSE , D&S MCCURDY 38 ADDRESS UNASSIGNED 4051 HIGHWOOD RD 4041 NORTH SHORE DR CITY OF ORONO WILLIAM R&AMTA M ROUSE DALE J MCCURDY PO BOX 6G � 4051 HIGHWOOD RD 4041 NORTH SHORE DR CRYSTAL BAY M,1 55333 ' . MOWi D M�I 55364 MOUND Ivt�1 55364 38 07-117-23 44 0085 38 07-117-23 44 0086 38 07-117-23 44 0088 D H PHIPPS/1 M OBRIGEWITSCH RICHARD SCOTT STABECK PHLLLIP M OTTO 4064 NORTH SHORE DR 4I04 HIGHWOOD RD 4116 HIGHWOOD RD DANIEL H PHIPPS RlCHARD SCOTT STABECK PHiLLIP M OTCO ' 4064 NORTH SHORE DR 4104 HIGHWOOD RD 4116 HIGHWOOD RD MOLND M�1 55364 MOUND MN 55364 MOWi D MN 55364 38 07-117-23 44 0089 38 07-117-23 44 0092 JAM ES A KISCH CONSTANCE A GRUSS 4108 HIGHWOOD RD 4040NOR'CH SHORE DR IAMES A KISCH CONSTANCE A GRUSS 4108 HIGHWOOD RD 4040NORTH SHORE DR MOWi D MDl 55364 MOUND MDl 55364 � +E.� 1 CERTIFY THAT THE FACTS REPRESENT ARE ACC ND TRU SENTATION OF NFORMAT[ON AS]TAPPEARS TH1S DATE ON THE CO O HE Ei, P 0 Y T CPAYER SERVICES DEPARTMENT. DATE: � ., �,.�r B : •J�. I_ i. (.0 L _ , ¢. ...�.. � ' �G��O�� JUL 2 5 2Q�? - �1�'Y OF ORONC� � �� 3 - ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM � �we) �(� L-� i� � G t) S��7�of ��- d �10 !�.(, t� S�-� o �..�' � (� [print name(s)] [print address] have�Sre_viewed the�lans for the proposed improvement or proposed use of the property located at � ` ,.�_ �Iso referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) �not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. �� - � � � '] �� Z- Property Owner Date . Property Owner Date If you have any information that may assist the City"in the review of this Land Use Application, please submit your comments to the Building &Zoning Office at least 10 . days prior to the scheduled meeting date. �.y . rt,t�,�r*,k,t�t**�,k,t**,�v��r�r*«,t�r,�r�r+�**,k-k*�r**e**ne,t«,t�,r*�r,t**�r*�x*«*******�+r*,tx,t�ne,e**,�,t,k,t«,e�+t,e��,t�,t,t�,t�,�r***�nt*,r,rk,�t,t,�.��+r,k+�,k,r�** . ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) L�,��l��G�� of �U�s � ` l�u�U6C�� [print name(s)� [p'r' t address] have reviewed th�pl s for the proposed improvement or proposed use of the property located at oS� �� ,.�o also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. 7-I?- ��- Property Owner Date Property Owner Date If�ou have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building &Zoning Office at least 10 days prior to the scheduled meeting date. C�O�� VarianceApplication Updated: January 31,zo,2 JUL � $ 2012 ' - 17- � C61�O� ORONO HEIVNEPIN COUNT�'MAIL LABEL GENERATOR PC Exhibit I � . ; ! � ; �� ;� �� Hennepin County Mailing Label Map ; �$ Provided By: Taxpayer Services Department i �� s �� t9�� . r�.,� �..,..s,...--..-,.�.,.,.r..�.....�. {7s� ,�"' i� � #9t} � � + � °_�.�� E�9j 1�1 �� r i �s2� �� ,�' � �`''.� �=-M . i� �� ,�� . ��`�"- "� . - �( �` � � � ,n�� , ° ' �►� ,,�`.� .• r�� x:� x � � r',��,�.�y .. 5t �l" � `� P�..,t�'r� •�4��', h—.�! t} ��,�. •'��l�� +��1 � '� i `•r, � �� 'r� � '� � � '; �r � �78} � Z � ��g� �� " � Cn! �� : �r ,! � �'e3} � ' , � � ,,` .� �,(-1. 1�'�I�.��["�j�y�� # [db) + ,M(,qf( :�. Y � ��t f:�A�F M-Z .: .^M q , . � � ; . �� Y�� . {{i �• /� . . .. � . �} �{� - � i �r �2�.�� .� : -� �{�r`'"�[c;; j �:t � , � �, ':� {.� * • � :1 � .:. ��py . �i� ° � ' ,i • ' o. , k�'4� � , Q? , a.l. �� .; +� '��:• ` l � .\�'/'+ �� f`a �~' .l`_fi ��y 5,i R'�� ' . �Y �, . �- r �,. i,f !,: y _,,�/��F� E �p r� ��'.ow...�✓"r . .' / ;y�P , .� K�,�, ,� � �� . �'� . 1`i`I# �, l . . `��.l� t��'b p�.#�T°''.. ' �"r .r 4,� .. 3� 6$� ��} � 1'�� ° � �# ' � �. ..,` ' �I� } i � �) �� :� {�� . , t�� : , _ .. ; � � ,; : , �:�. .. - • ; :. _ ; , `.^ ! ..: ,. '�. ! 4g� ,.; �.,.�" , , -- . � ' - . �. , . , � _ _ �: �) `e,' i . It8} �,,..� ` k ;: `� �9} �� ;- _ , '�''� �T-1�4�-23-22 L � . � � .• " ��$, .��1� . � � ... � y . , . . . . . . . . �, . . , . i P _ .. _ .. ., . .. ... .� ._ . . ' i ... �x . .. .��#. . '' ' . �r . � ��' . .. � .._.. . } ' . . ' . .. -' I rt. . . .. .. � . : .. _. .. . . . . . ' . . . . . . -_' �, i 1 Mww�.rtneeresr.n�w1.arenvn.J.arnm.......xtlmnr�v�.•-ew•r�e.!�uvN+�..�<.wm�nrrWnmM[muen�s...clM.n:xaaYnswxY`i:rr�.v.Kw�ee*ev�FS�u+alyi+Misv+�libcmit..�Maauf�weaa:sa«�.x+�.x+.�v.w � ��For more information contact: Print Date: 7/23/2012 � � � Hennepin County GIS Division �aP L@ge`�1d: : �; �300 South 6th Street Map Scale: 1" = 222' � �i Minneapolis,MN 55487 Buffer Size• 350 feet ''�°�� i gis.infoC�co.hennepin.mn.us ' � .-:_ ,2 1rVfatet' �'aj01' ROa(15 � i� �-......... j ;° �� : : Parlc M�inor Roads I �� Map Comments: � ��' Parcet �� ; '� �� I � BufFer Region \�� # E4051 HIGHWOOD RD v+ " E � '� ��i i0RON0, MN ' � �:Y Selected Parcels �� ' � � , i � � � � ' i i I '�� i�NN�P9M j � iiai � R � " x .t� r ; � I i �E� f I i ! 1 t i� � — . ��i�� JUL 2 5 2012 � co-�r oF oRONo http://hcgis/agsmailinglabels/Printing.aspx?URL=c77defe 1-19e7-4c58-9e 17-01 e3f5dece 1 f.png&BufferSi... 7/23/2012 t T �;-a ' Date Application Received: 07/18/12 Date Appiication Considered as Complete:OS/06/12 60-Day Review Period Expires: 10/OS/12 To: Chair Schoenzeit and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planning&Zoning Coordinator �(/ Date: 14 August 2012 Subject: ##12-3569,Chris Janssen of Mills Construction on behalf of Jason Wilsey 990 North Shore Drive W . � CUP for a guest apartment � Public Hearing ----------------------------------------------------------------------------------- Zoning District: RR-1B, One Family Residential, 2-acres/200' lot Area: 2 acres(87,295 square feet) ;��_ lot Width: 238' '°"'" Application Summary: The applicant is requesting a conditional use permit to allow a guest apartment to be incorporated into the design of the proposed home. . Staff Recommendation: Planning Department Staff recommends approval of the CUP subject to the conditions listed. Pertinent Zoning Ordinance Sections Sec. 78-418(2J. Conditional uses. Sec. 78-916. Granting of a permit. List of Exhibits � � . � Exhibit A. Application � Exhibit 8. Proposed Survey " Exhibit C. Proposed Building Plans and Elevations Exhibit D. . Relevant Code Sections Exhibit E. Property Owners List � Exhibit F. Plat Map Background The subject property was platted in 2005 and is located in the RR-16 rural residential zoning district; the property is two acres in area. The property owner is proposing to construct a new residence on the currently vacant property. The property owner would like to construct a guest apartment within the proposed home to function as a private space for visiting family. Because the guest apartment is proposed to have its own separate exterior door, a conditional use permit is required. � S FILE#12-3569 14 August 2012 Page 2 of 3 ------------------------------------------------------------------------------------ LOT ANALYSIS WORSHEET Lot Area/Width: RR-16 Lot Area Lot Width Required 87,120 s.f. (2 acres) 200' Actual 87,295 s.f. (2 acres) 238' Setbacks• RR-16 Required Proposed Front 50' 216.5' Rear 50' 50.5' . South Side 30' : � 120' North Side 30' 40' Structural Covera�e: � As the lot exceeds 1.99 acres in area,structural coverage limitations do not apply. Hardcover Calculations: � The property is located outside of the Shoreland_Overlay District; hardcover restrictions do not apP�Y� . � . ------------------------------------------------------------------------------------ Analysis The Planning Commission must find that the proposed guest apartment is or will be: 1. Consistent with the community management plan; 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; • 3. Adequately served by police,fire, roads,and stormwater management; � 4. Provided with an adequate water supply and sewage disposal system; 5. Not expected to generate excessive demand for public services at public cost; 6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; 7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; 8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; 9. IVot expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared . to the impairment or impact of generally permitted uses; 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; 11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference,general unsightliness, or other means; S , FILE#12-3569 14 August 2012 Page 3 of 3 12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; � 13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; 14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or�districts;and 15. Not detrimental to the public health, public safety,or general welfare. ` Discussion The non-rental guest apartment provisions in the zoning code allow for two types of guest apartments: an apartment with a door to the outside and an apartment without a door to the outside. The non-rental guest apartments in Orono homes are used any number of ways for example, as a true "mother-in-law apartment" for parents/grandparents; as an apartment for domestic employees;or as private quarters for short-term guests. According to the zoning code, a guest apartment must be physically connected to the home and access to the apartment in all cases must be primarily through the principal structure and not via a separate "front door". If an additional door is provided�which accesses directly to the outside of'the home a conditional use permit is required. Prior to applying for a building permit, the applicant approached Planning staff with questions regarding the design of the proposed home which included a guest apartment for extended family. The home's design is a walk-out rambler with 4 garage stalls. Upon review of the proposed plans planning staff felt the design did not conform to the traditional guest apartment layout in that the home appeared to be a duplex. The property is zoned for a single family dwelling and duplex is not permitted. Staff urged the applicant to redesign to eliminate the � "duplex feel".As a result,the applicant provided modifications to the design to better define the spaces and the intent. This is the plan attached as`Exhibit C. Due to the proposed exterior patio door at the rear of the home a conditional use permit is still required. � The property and proposed home are conforming to the zoning district requirements for lot area, lot width and setbacks. The City's septic manager will review and must approve the proposed septic design for the proposed home which includes all bedrooms (and the guest apartment) prior to issuance of a building permit. The owner will be required to follow the covenants outlined for the guest apartment as part of the CUP approval. Issues for Consideration Does the Planning Commission identify any issues or concerns with this application? • Staff Recommendation � Planning Staff finds the proposed guest apartment meets the 15 conditions outlined in City Code Section 78-916 regarding issuance of conditional use permits. Staff recommends approval of the CUP for the proposed guest apartment subject to the following conditions: the service door between the garage and the guest apartment must be completely eliminated; the guest apartment shall be utilized solely for non-paying guests or domestic employees; the guest apartment shall not be addressed separately from the principal residence; and the guest . apartment shall not have separate utilities. ' ' PC ExhibitA � City of Orono Conditional Use Permit or Other Land Use Permit Application St�eet Address: Application# 2750 Kelley Parkway �0.� Orono,MN 55356 Date Received: O u� � Main: 952-249-4600 Staff: � �°� fax: 952-249-4616 Fee: �.:.,� ,q ``�j✓• ?' � MailingAddress: ESC�oW#&$ �� 1 '� :� �f� P.O.Box 66 � ��G Crystal Bay,MN 55323-0066 'Permit Fee 9kEsHO4' Notes: This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application, Incomplete applications will not be placed on Planning Commission Agendas. Job Site Address: C�aL� �//�i�/� �/��%-,•� .K/�-iii� � CONTRACTOR/APPLIC NT INFORMATION: �� Name: �iG�.l ��,�dr_��i�i�� /� >;,:. Phone: �2 -3rl�r� '�pL� Fax: �� -��.3i�.� Address: l�1rs ,3�'� .�r�' �� CitY;��r��s_.i��IP: ,�iU� Contact Person: �'/�� y�n,-f�n ContacYs phone number Email ��,�„��j,,2��,;,�,� Applicant is: ontra Homeowner (Circle One) � /ri.ji� G�ir,,z. . PROPERTY OWNER INFORMATION: Name: __�>�i.�..,-_ /� �/�,�.�-��. Phone(day): 6� ��f ��z Mailing Address ZIP: Email and/or Fax , L Overall Pro)ect Descrlpt on: ' Check Box TYPE OF CONDITIONAL USE PERMIT ' A Ilcation Fee Escrow After-the-Fact ~ Double Amend Existing CUP $700 N/A Commerclal/Industrial Use � � $700* $700 '" Duplex Credlt(per building) $700* '` $700 Gradin and Flllin -501 cu. d.or more $700*+Permit Fee $700 Grading and fllling-within 75'of OHWL(includes seawalls&retainin walls) $700*+Permit Fee $700 Grading and fllling-wetland and floodplain $700"+Permit Fee $700 Guest House/Guest A artment $700* Industrlal(church,school,etc.) $700* . $700 Renewal,IF no chan e to ori inal lan $350 NA Residential Accesso Structure $700` $700 Check Box OTHER LAND USE APPLICATIONS A Ucation Fee Escrow A eal of Administrative Declsion $100 NA Commercial Site Plan Review $700* $10,000(minimum) Com rehenslve Plan Amendment $700 NA Easement/Ri ht-oT-Wa ROW Vacation,with Subdivision $200* NA Easement/Ri ht-of Wa ROW Vacation,without Subdivision $700` NA Rezoning $700 NA PID 5 acre minimum er code $200/acre minimum$1,000 $10,000(minimum) PUD Rezonln Hw 12 Corridor Onl -Residential $700+$40 er dwellin unit $10,000(minimum) PUD Rezonin Hw 12 Corridor Onl -Commercial/lndustrial $200lacre minimum$875 $10,000(minimum) *plus,Engineering&Legal Revtew Costs CUP&Other Land Use Applications Updated: January 31,zo,2 _ �3- RECEb��D JUI. � B 2012 � �ITY OF ORONQ REGIUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to � be processed. �5c a�,N �.�tyi�5 "�� NOt��b' $ '"P'�'`tCm �� 3'{F'¢'�,E i�.r'�5��i� '"'v"�; ��'�'' R�� ,- �?-rz;ii h„tY;tv�"{��a* ��r L 1. H z�x«�c :�, -�:r,°�'a ".d°'� -r .r ic L �4 k Kk � br,.�4�d r t �„Z �, �� ` .fi�`'`� � �t�'t"�'t sc +�Vr� � ..ts 'n t �8qi '. ., . ,r,p. �'+.��-�. fi°-��k�'vYG'�`I�v�,j�..�n-�i��,�4'��y �d;� ��a.��tl�� ,�y,;"mt,ss;t.`,t ��sl.iL ��k+�s��i.�`��y3K��h� S'FrZ �:.Ericlosed p. �A icable_ �,� ,,,,,��,� �., , � .�� ';„��x }_� ,:s .;uv ..�e, s�-�b',�.�'• � .e ..,�..!"�.�_ ,v� �.4� �Rw�.�S,.r.�.Fxd�,..,r.,o�s�.,..ta.�t�...�"`.�.�t ❑ Escrow A reement si ned ,_.,.. ,pY 3 ,>=�=�t4�,,�+�r��:-, � k�a`�'-�Escrow:received �'�^" �°'��'��ni�`^�'�-,�tc:'�� aiv �'�-��4 �4'' �. +ya�� 3°r�$� t �? ..v.a, :�•.a.�i �,: , . ' ' �; �,Sk9�t�1�1'�' . R�.7�r�,�, .,s.u' .,�. .�?, Ae'L_w��.r }:S #�i�l N+�gl-�. t:}�sy'Aii,'w.,i.+a �....� � 'iK�� Fl. .^�'�: ❑ �Pre-A lication Form .i M z �c r, _ :.�. .._ ,.F. y, „„ v.S :.� �� rrai�xni c a rr � r � ':f�.fi� _,,.t^��+ p�1�'�°.m.��::�".ra�,'�c�'SFE ;A IICetI0f1.FQCffl�y.��`�`'+r..�'4`:��4�;s&.'�,%.�;a."1.�:.t,.�y`n�:ri..:4a�`.4.'.r'_x.�„1^.��"*.+��,'crl��:�°a,Y . 'k7�SC�"��i�':��!'n.° � ❑ Certi�ed Pro ert Owners List ;t�"�,.��ih�'��f �s.:;;,h��.;�`^��.x��: �Surve }"meefiii� �ALL•;(e uireiiienfs�;�'�}�;,�'1,n.��:�;4Ner��'��r��'��'ry"�xry.ly;s',.r, �,k��;(� ❑ ❑ Pro osed Plans y.� XJ S! .kti�F4}'k� 3,T'�t'n :.?+ - +�w.+,4 �g r�`�'.t�.'.'�1.�'.P�..iFt�° y ...�Yv � �a t�"'�� i,'M.n„ :...i.H`i�x�r,'t''^°y'f".� . �.�;-, >.��: �:� ��r, ❑'.,,<_�. .,HardcoverfCalculatiori s :��;�:��.�.�r��.��;YS,R.,-Y,;�..�.�.�_.°�'�:.._'�x��x��s.��:.,rx,� e,.,�.,: ❑ ❑ Se tic S stem Site Evaluation Re ort � u:�'I4 0/s:�i�r''y 4 • :4�R1 � �SX � �. ,.�. i ... -. :��M 3 �,�}.�Ck.Dt`'e�'S j v)' Y . ... 15 h S$� �?^?s.is.��i. `ie t +il: � ��+ ,�_i,��.��❑;��;��,�:�WetlarndsDehneation.�:•„F��='�°�,fe,��;�r;w_x; ?,.�v x..rtK�m�,:r.a,P,e�"h-s.:rs�.r,^�at';w '� «!��:�.wa� ❑ ❑ Wetland Buffer Evaluation K•" ;?�Ap�..�i'r`� -.�ru r .7'� ,:AV +�r c # �� a,�r�.,�s tu�,,.�.rar :�. �'r+ ;-ttX.Mt .:p�.+: 1 4� k:-� 'rr�as.�' �_. ,:ti. 'w�, �:�N . r,s �.;pE❑.s,. . . � :;,BUffB[:,IfTI rovement``.P�BfI��i�n� e�%��,.,.'� xuaA„�s. rn��s�`"Y.xc.x,:x�i.-�%�.,r�,o�§�'r�«�c��°��f�'�,��. ❑ ❑ . �;u�4;i_d�,.��.�;,, rt.b :�f�r.��S`.jn❑'',�T.C��':.r:i.iri'�"d.�i)��a«�::tw!'�rSg�r�.t€`�,,.rc'�`.'��.�Fi°2tiS3�4r+��t�Prt��.e�ci+'��tr�S.N''-•^�4=§��°:.'�i+l-�'s4ri�.�rS1".��?i�zS�G��n,�n�h�:x''iF�_�m��.t{'ilaa'.r��".t�.': APPLICANT AND/OR OWNER: Agree to provide all information required o�requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application,and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a comptete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicanUowner and advise the City Planner assigned to your project. Owner's Signature: Date: Owner's Signature: Date: ApplicanYs Signature: ��- Date: ��lG��!�/� Applicant's Signatur � Date: 'YY , �'.♦y . t RECEtV�D JUL � 8 2012 CUP&Other Land Use Applications �ITY OF ORONO Updated: January 31,2012 - 14- � 1 .,;� � 'i.:�• � 1 t :�' '. , � S."� Established in 1962 � ; , �.: , INVOICE NO. ' 80386 LOT SURVEYS COMPANY,INC. '��f'�} F.B.NO. 1056-62 • , LAND SURVEYORS � �� t SCALE:1"= 30' REGISTERED UNDER THE LA WS OF STATE OF MINNESOTA : 7601 73n1 Arcnuc Nonh (763)5G0.)093 v � • Demlee Fpmd Iron Monurtanl� MILLS CONSTRUCTION LLC �linnapolie,Minnew�u55426 FuNo.560-J532 O UcmleshmManumrnl 3urvP�.�rs C�Pr�ifirtt�r ° �a�""'�°�� a � "--- oorro�e,Ezm�Ng cenmw Propeny Iceated in Seclion 7,Township I 17,Rnnge 23,: ��'i �-- oaroas rropoaea eoaiow Hennepin Counly,Minnesola. ' xppp,p penotea Exbthp Elevamn , - Property Address:990 NoAh Shore Dri'vc W,Orono,MN HARDCOVER CALCULATIONS �'� �°"°�`"Propo6ed�d°" Proposed Bw(d�ng - 5362 sq.ft • -�°°"°'e'S"°e`°°`°"'ae° a �i�No.ol-�17-z3-zz-ool8 Deck�Patio - �160s ft ' NOTEPmposedpradeaaroeubjeclWrosu4sofsoC . , � q�. Insb. Denchmark:Center line of North Shoro Drive o s��e � Reta�ning walls - •. 57 sq.ft . � aos�s ror Proposed EuBdNg Informetbn must be checked PP� w�th nOP�veO hultling plan eM devebpmont w sou�h lina P�oposBd Driveway - 5903 sq.ft , bcarings is B�Qy,e ya„y��auon a�a cauwawn. Eleva�ion=1006.0 Ceet PI'o osed Walk i- �l 02 5 .ft � - essumcd pmpusea pradee sno�m on mLv s�avey ere G 9 Mi�m�,�a r�v�sa�io��r�om ma ' ` Total llardcover - l l 584 sq.ft � draMape,gredMg eM/w devobpment plana ' Area of Lot =87269 5 ft �� NOTE:Tho iolatlonsMp beNian�D�OOSOd Ibor • � �/• obvalbm w be verlfled by buAdx. � a Percentage of Hardcdver= 13.3� i oz3.5 P � IOp090d TOP O/B�DCk , ' � ��OZ3.� prtposedGaraBaFbor r � �1014.5 prtposedLawstFloor . . �- 7ypo ol BuBdNg 990.6 tbc • 991•� ' � � FuIlbaSement Walkovt x 99O'� l-Story Frame � ' � � i � • 9n?;"a°' No.799/5 � � ,� ,� . � � • ' � � .' � � grovel dr�veway / � � �� i � / �� \ 163�_____- /.6 �993.6 � � i �� 992-___-�� '' �, \ I /� . � � �� . i�/ � � �N ' �� ' ��', � �•1004.1 /� '' \ ppff �r4 � �' � 993.8 tbc� I99/�7_ �� 992.6 . 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Lot 1,Block 1,ENGLUND THIRD ADDITION � � � � • . , Hennepin County,Minnesota � 1 � -xx- DENOTES PROPOSED SILTFENCE - -----� ---- -- . �- _. _. . . � ---�^---°-- -RETAINING WALL HEIGHT ABOVE GRADE TO BE A MAX.OF 4 FEET.AS PER THIS PLHN. • . -GRADING LIMITS ARE DEfINED BY PROPOSED CONTWRS. � i -ALL AREAS WITHIN GRADING LIMRS SHALL BE SPRING TOOTH TIILED TO A � "' � UNIFORM DEPTH OF 10 INCHES,FINISH GRADED AND SODDED AS PART OF THE � $ LANDSCAPE INSTlLLLATION. � � � Post Spaang 4 leet _GRADING LIMITS SHALL BE DEFINED ON SITE BY A SIIT FENCE INSTALLATION TO (typivll CODE OR SPECIFIC REQUIRMENTS AS DEFINED BY THE CITY OF ORONO.TYPICAL N „��q . INSTALLATION,STATIC SIICING METHOD,SEE DETAIL '^ The on�y easemenLs shawn are from plals of record or Intortnalbn Gnded nrv � PERMANENT EROSION AND SEDIMENT CONTROL PLAN: provided by cllenL „�V_ fxr3Gng 6nde -ALL AREAS WITHIN GRADING LIMITS SHALL AS NECESSARY HAVE EXISTING TOPSOIL - ----- REMOVED AND STOCKPILED ON SITE.FlNAL GRME SHALL INCORPORATE EXISTING u, STOCK PILED TOPSOIL AND ADDITIONAL TOPSOII AND ADDITIONlLL TOPSOIL AS I Certi(y lhel lhiS plen,SpeclflCallOn,Of r0port W85 prepafed by me or iu - NEEDED TO PROVIDE A MINIMIUN TOPSOIL DEPTH OF 4 INCHES OVER THE ENTIRE under my direct supervision and lhat I am a duly Licensed land � GRADED nREn. � Surveya under the laws of the Slate of Minnesola. -ALL AREAS WITHIN THE GRADING LIMITS OUTS�DE OF UWDSCAPED AREAS SHALL BE SILT FENCE DErAIL � � SODDED.ALL LANDSCAPED AREAS SHALI HAVE EDGING AND DECORATIVE STONE OR Surveyed lhls 11th day of January 2012. 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Cn °o � � � I f „H �c`�r�b j•' �i� F .+ I ~ w. � - �� ¢ K Qp�a . � � a � " � 7� � "�l . ' S� ai P , , . P f� �N ' '�',r�i ` I •�.S I. � .. �o l � . t. �— -_ �, � � � . - I � � ' l I � � � s� �. � . � I �-,F-- ' � �F ;- - - -- - ��- - � � � — � i� '1�=iY�' _ — L�— T � � I I � �� , ._ � � � -- � e � �� . : ,� I ,-.�-..__ . c� ,� 6� ' � - :¢ ' 3� ; 6� � r --- - - � ` � � �I � ; � � � fi � , � � , � � l� � . � I , I �; : �� _ .-_ � � � � � � -� � � �; C� � , _ � �, , � --� � ' • PC Exhibit D Sec. 78-418. Conditional uses. � Within any RR-1 B one-family rural residential district, no structure or land shall be used for the following uses without a conditional use permit: (2) Guest houses and nonrental guest apartments. a. Guest houses, provided that: 1. � The lot is at least two times the minimum lot area required by this section; and 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. b. Guest apartments with exterior ingress and egress, provided that: . 1. The application for a guest apartment adequately addresses the concerns of parking, sewage treatment, exterior access method, and interior access method; . 2. There is at least one access door to the apartment from inside the principal dwelling and this door is the primary means of accessing the apartment; 3. The guest apartment does not have a separate address; 4. The guest apartment's utilities are not metered separately from the � principal dwelling; and • , 5. The guest apartment is for the sole use of the occupants of the principal dwelling, including their domestic employees and nonpaying guests. Sec.78-916. Granting of permit. (a) The planning commission may recommend and the council may grant a conditional use permit as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: . (1) Consistent with the community management plan; . y (2) Compliant with the zoning code, including any conditions imposed on specific uses as _ required by article V, division 3 of the City Code; (3) Adequately served by police, fire, roads, and stormwater management; (4) Provided with an adequate water supply and sewage disposal system; (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is ' planned to be used in the future; . (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interterence, general unsightliness, or other means; . (12) Not cause excessive non-residential traffic on residential streets, parking needs that . cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; and (15) Not detrimental to the public health, public safety, or general welfare. (b) A conditional use permit may be granted subject to such conditions as the council may prescribe. � (c) A conditional use permit shall remain in effect as long as the conditions imposed by the city council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. (d) A certified copy of any conditional use permit shall be filed with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the property included. (Code 1984, § 10.09(6); Ord. No. 77 3rd series, § 1, 7-12-2010) . RUN DATE:' 7/23/2012 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PC Exhibit E 38 07-117-23 22 0012 38 07-117-23 22 0013 38 07-117-23 22 0017 � D A PRATC&P J PRATI' KATHLEEN POLLOCK B&V VAN SLOUN 900 NORTH SHORE DR W 950 NORTH SHORE DR W 4735 WEST BRANCH RD DAVID&PATRICIA PRATT KATHLEEN POLLOCK BRUCE P&V1RVE L VAN SLOUN 900 NORTH SHORE DR W 950 NORTH SHORE DR W 12809 FOREST MEADOW DR MOUND MN 55364 MOUND MN 55364 MINNETONKA MN 55305 38 07-117-23 22 0018 � 38 07-117-2323 0002 38 07-117-23 23 0003 JASON WILSEY D&K VON BANK THOMAS G WIENER ETAL 990 NORTH SHORE DR W l068 NORTH SHORE DR'W 1070 NORTH SHORE DR W JASON WILSEY DUANE&KATHLEEN VON BANK THOMAS WIENER 8151 33RD AVE S #206 , 1060 NORTH SHORE DR W � 100 W MONTEGO DR BLOOMINGTON MN 55425 MOUND MN 55364 CASA GRANDE AZ 85122 38 07-117-23 23 0029 38 07-117-23 23 0038 36 12-117-24 ll 0004 HENNEPIN FORFEITED LAND KAMAL KARAM C LESLIE KARAM GRANT R WENKSTERN 38 ADDRESS UNASSIGNED 1030 NORTH SHORE DR W 855 RED OAK LA CITY OF ORONO • KAMAL KARAM&LESLIE KARAM GRANT R WENKSTERN 2750 KELLEY PKWY 1030 NORTH SHORE DR W 710 NORTH SHOitE DR W P O BOX 66 MOUND MN 55364 MOUND MN 55364 CRYS'CAL BAY MN 55323 ti y.. 36 12-117-24 14 0003 36 12-117-24 14 0004 D W BAILEY&C J BAILEY JEFFREY L MARTINEAU 1055 CO RD NO 19 1035 CO RD NO 19 DEAN W&CAROL JO BAILEY JEFFREY L MARTINEAU , 1055 CO RD NO 19 2526 N SHORE DR MOUND MN 55364 WAYZATA MN 55391 1 CERTIFY THAT'fHE FACTS REPRESEN RE AC AND TR RESENT OF INFORMA7'ION AS IT APPEARS THIS DATE ON THE CO i H� � CO TY ' PAYER SERVI S DEPARTMENT. DATE11I� � � �� BY. , �G��'V�� ,I►II 2 7 2012 �IT'Y OF �ORONC� HF.NN�PIN COUNTY MAIL LABEL GENERATOR PC Exhibit F �f � � !� ;i ; � -• Hennepin County Mailing Label Map � i � Provided By: Taxpayer Services Department � � �� { i3} [�l' t�} ; � �� ' �., {ss} ,��y. } + M �f^:1��. _ � i . � .. . . {.' �� . . _ . , - . .' . �.i I , � � ... � t ( + � � .. . . .. - � ( � � �� '1�'��1' , .�� f ry�i� '' ;� T " `" �� _ ' � ` �� : c�� . � ! � ' ,t3�' ��7�3�� ;: '. ' + vy�,.—W.t��y,�.,,.,� .=+w+.. F ��r � 3��, � 7 � •r !�' r � i . . u�,` . � . 1 -p.# i: � `( �t ��Y, � � `. �.. . :. ,.. *� � , ,.. .. ��- ,'i: . � ..� . , .,.. � ., ,,, , -'_ ,'. . - �sa'v '. ,.�^+-'—...��.:. '' tR Yi�� 1), 7 � , y �� _ T ! - � �. r. • , ��_ �;�. � :�:� .�.. r1'( .. � y�y(�r� �. ' ��. .. ��,� t'r F V t � a R"!"! ` .�:ar t iiI��F;�.�� I � . �� 1�'��-�I?� s � ° ::r�3 ,� � , ,.,� � � -t �� . � + � : � '` ��. � "i ;� �.� � z �� . � i' , ' i - � , J----�<,-..--,, �' I � d�'��d4? �l�t�t1 121} � tdS #'20) �) t� f+ � . � (t9a _ � � �l �t�) �� (For more information contact: P�int Ddte: 7/23/2012 �ap Legend: � i Hennepin County GIS Division " I 300 South 6th Street Map Scale: 1" = 293' I � !Minneapolis,MN 55487 BUff2f SiZ2: 350 feet � � � 1 ;gis.info@co.hennepin.mn.us Water Major Raads ; � � . �� Par k Minor Roa ds � y� :Map Comments: ; Parcel " � �p ' j �-- � � Buffer Regian Y, �1.°�� ` '9 9 0 N O R T H S H O R E D R W i � '��— , � ; 40RON0, MN I �`�� Se lecte d Parce l s `+� � [ � � � � ' ; f , E�I I � I ' i1�R��. '�� I i �t� � � HENNEPlN� �� , ` �� Z� , !r� � ( � �f, �E t � ' � �,. •� RECEIV�� JUI 2 7 2012 CI�O� �f�ONO http://hcgis/agsmailinglabels/Printing.aspx?URL=94af321 a-a68b-4793-a474-c19b5b054e3d.png&Buffer... 7/23/2012 ;y i� . _,�. . . � Date Application Received: NA Date Appiication Considered as Complete: NA ' 60-Day Review Period Expires: NA To: Chair Schoenzeit and Planning Commissioners Melanie Curtis,Planning&Zoning Coordinator -Jason Barnes, CSO . . Jessica Loftus, City Administrator From: Mike Gaffron,Asst. City Administrator Date: August 15, 2012 Subject: Roosters -Potential Ordinance Amendment-Public Hearing Attxchments: A-Draft Ordinance Amendment for Discussion . B -Public Hearing Notice � C-PC August 2012 Work Session Memo and Attachments D - Letter from Wade &Laura Shatzer Dated 8/4/12 � Introduction In response to a sma11 number of ongoing complaints from one or two residents about incessant crowing of roosters located at a property on Watertown Road in the 5-acre RR-lA Rural Residential zoning district,the City Council directed that staff and Planning Commission review the issue of whether the keeping of roosters should be prohibited within the City. This resulted in a discussion at Planning Commission's August 1 work session, at which one of the residents affected by the roosters related their concerns and a request that roosters be banned and chickens be fiu-ther regulated. � Notice for a public hearing on the issue of roosters has been posted and published, such hearing to be held at the Planning Commission's regular meeting of August 20. This hearing process is required if a zoning code amendment ultimately results from the discussions. However, owners of roosters in tlie City have not been identified or individually notified. The level of public input has been minimal and essentially one-sided in discussions to date; it is unknown whether there is some level of public sentiment toward a pro-rooster viewpoint. Background As previously noted,the basic issue is that roosters have a natural propensity to crow loudly in early morning hours and intermittently throughout the day. The high-pitched sound travels significant distances, and may be heard hundreds of feet away. In a completely rural setting this may be acceptable; in a rural residential setting of 2- acre and 5-acre lots that characterizes 80% of Orono, separation distances between homes may not have much effect on reducing the noise impact. The work session memo provided an overview of existing City of Orono ordinances regarding the keeping of animals, and full copies of the pertinent ordinances were included in that packet. Chapter 62: Animals of the Orono Municipal Code (not part of the Zoning Code) contains provisions that regulate the keeping of farm animals with regard to housing conditions, containment of animals and trespassing, and animal noise. Relative to roosters,the animal noise regulations (Section 62-10)would consider it a violation when a rooster crows repeatedly for at least five minutes,with one minute or less between each crowing instance. The provisions of Chapter 78: Zoning Code further regulate animals by establishing zoning districts in which animals are allowed as an accessory or conditional use; minimum acreages required for keeping various animals; and the location of animal housing structures. �r� r . Roosters August 15,2012 Page 2 ` To summarize the existing code sections related to chickens and roosters: - Chickens are `farm animals' by definition. - The code does not distinguish between chickens (hens) and roosters;they are all defined as � `fowl'. � - Fowl are allowed in the 2-acre and 5-acre Rural Residential districts as an accessory use. - Fowl are allowed in the Lakeshore Residential 1/2-acre, 1-acre and 2-acre districts and in the RS district, as a conditional use,requiring a CUP. - The number of fowl allowed is based on the size of the properly; the minimum acreage for farm animals is at least one acre for the dwelling and one additional acre for each animal unit. - One animal unit is equivalent to 50 fowl under Orono code. Therefore, a 2-acre lot would � � be allowed 50 fowl, a 3-acre lot would be allowed 100 fowl,4-acre lot allowed 150, etc. �.r.� - Slxuctures for housing of animals, including fowl, must be 75 feet from neighboring lot +�: lines and 150 feet from neighboring residence structures. - Animal noise such as crowing that occurs repeatedly for more than 5 minutes at intervals of less than one minute is considered a noise violation. It should be noted that the general noise ordinance regulations contained within Chapter 58: Environment of the municipal code do not address animal noise. Scope of Review , As noted previously,the direction from Council was merely to consider a ban on roosters, and did not suggest that we should address other general animal regulations with respect to chickens and other fowl, such as the location,numbers, and manner in which they are kept. While these may be concerns of some small number of residents, staff is recommending that the focus of � , consideration at this time be limited to the issue of roosters. The low number and type of complaints received lately and in past years regarding fowl does not warrant a wholesale revision of the existing animal ordinances, in the opinion of planning staff(CSO Jason Barnes,who deals with animal issues, is in complete agreement with this position). � Analysis � The existing noise ordinance does not easily address the issue of roosters crowing, in that the thresholds for violation(crowing repeatedly for 5 minutes with intervals less than one minute) may not be met even though the crowing is an incessant annoyance. The extent of monitoring needed to determine if a violation is technically occurring is a frustration for both staff and the affected neighbors. Additionally, options for eliminating a rooster noise issue are extremely limited. While a barking dog can be fitted with a bark collar or brought into the house to address a noise issue,neither option is available for dealing with roosters. Removal of the annoyance rather than attempting to regulate it in this case may be most appropriate in the case of roosters. While a number of cities have banned roosters,there is no clear uniformity among local ordinances that deal with poultry. One generalization that staff believes can be made is that cities with higher density development are more likely to have banned roosters, and in some 1 � :T . Roosters August 15,2012 Page 3 cases also banned or limited the number of chickens at a property. Some cities have esta.blished ' a licensing or permit requirement for the keeping of chickens. It appears common that many cities have allowed chickens in just their rural-density(agriculture or farming) districts, and/or required minimum lot sizes in order to keep chickens. City Attorney Soren Mattick has provided a sample ordinance from one of the southern Twin Cities communities (Exhibit C of work session packet materials). This is not necessarily a suggested ordinance, but is just an example of what one other city has adopted. Soren's admonition to us is that we should avoid an ordinance that hinges approval of chickens and/or roosters on a neighbor's approval. He also notes that a ban on roosters enacted within the Animals section of the Code (Chapter 62)will not be subject to a grandfathering of existing roosters; whereas grandfathering is a risk if such a ban is added to the zoning code. Staff has not taken an inventory of roosters throughout the City and at this point does not intend to do so. We believe the number of properties with roosters is relatively minimal, and the number of properties housing roosters that have gei�erated complaints is extremely minimal (perhaps two in the past 10 years). While there may be a number of properties in Orono that keep chickens without roosters, any neighborhood concerns generated by them have been and are expected to continue to be addressed and resolved through existing ordinances. Staff fmds no value in attempting to establish a licensing or permitting program for chickens or roosters at this time. Finally, staff would refer to the Purpose section of the Orono zoning code, in which the first Guiding Principle reads as follows: (1) The city is growing in population from a rural agricultural community to a rural residential communiry. Use of land for residential purposes is considered primary with other uses viewed as supporting this use. While present commercial or industrial activity, where consistent with residential use and other guiding � principles, will be protected by ordinance or conditional use permit, it is not the intention to expand or allow all such commercial or industrial activity to a degree where it conflicts with the primary residential use and the other guiding principles. The continued use of land for farming and similar purposes will be protected by ordinance or conditional use permit where sufficient acreage allows such use to continue without conflict with expanding residential use. It is this potential conflict between the historic rural agricultural use and new residential use that plagues every suburban fringe community. Orono has chosen to accommodate agricultural and `�» farming uses to the extent that they don't conflict with the Rural Residential character for which a majority of Orono's land is guided and zoned. On 40-plus acre lots, one would likely expect that a rooster crowing in the distance is part of the normal ambience; on 2-acre and 5-acre lots which characterize Orono's rural area, a rooster crowing next door can be a real annoyance. r � T: 1 Roosters August 15,2012 Page 4 Code Revision Options A ban on the keeping of roosters could be included in the zoning code (Chapter 78) or it could be established within the animal regulations (Chapter 62). There are iwo specific reasons that it may be more appropriate in Chapter 62. First, Section 62-9 entitled"Animal•Limits" already • exists within the Code, dealing with the limits on numbers of dogs and cats that can be kept. This could easily be amended to establish a ban on roosters. Alternatively, Section 62-10 entitled "Noise" could be amended. Second, establishment of a ban on roosters in Chapter 62 does not constitute an element of the Zoning Code, and therefore existing roosters would not be `grandfathered'. This is a key factor in the City's ability to resolve existing issues. Issues for Consideration 1. Should the City Code be amended to prohibit the keeping of roosters? 2. Should the City Code be amended to merely regulate (provide minimum standards for) '" the keeping of roosters? -r' ' ��. 3. If keeping of roosters is regulated rather than prohibited, what parameters for keeping them should be regulated? 4. Is there a benefit to requiring a permit or license for roosters that can be revoked if some level of violations occurs? 5. Is there any reason to further regulate the keeping of chickens or other fowl (absent the issue of roosters)beyond the provisions within the e�sting City codes? 6. What section(s) of the Code should be amended-Animals?Zoning? Environment? Staff Recommendation Planning Commission should hold the public hearing and take public comments. Staff recommends that the extent of code revisions at this time be to merely prohibit the keeping � of roosters anywhere in the City. This would be consistent with the intent of Orono's Rural Residential zoning. � Staff recommends that the language of Chapter 62, Section 62-9, Animal Limits,be amended to include language that prohibits roosters. A draft ordinance amendment is attached for consideration. � Staff recommends that no further regulation of chickens or fowl be considered at this time, as there are no demonstrated issues that cannot be addressed through enforcement of existing ordinances. Options for Action 1) Recommend adoption of code revisions per staff recommendation. 2) Table for fiu�ther information(specify). 3) Take some other action. . � � PC ExhibitA ORDINANCE NO. , THIRD SERIES AN ORDINANCE AMENDING CHAPTER 62 OF THE ORONO 1VIUNICIPAL CODE BY AMENDING SECTION 62-9 � REGARDING AlvIMAL LIMITS TO INCLUDE PROHIBITION OF ROOSTERS The City Council of Orono, Minnesota ordains as follows: SECTION 1. Orono Municipal Code Section 62-9 is hereby amended to read as follows: � 62-9: Animal limits. � No person sha11 own, harbor,keep or have custody of more than two dogs or more than four cats, over the age of six months, on:his property without having first secured a residential kennel license as required�in article III, division 3, subdivision II, of this chapter except individuals involved in any animal-related � business. Individuals involved in the business of selling, boarding,breeding, treating or grooming animals must receive a commercial kennel license. Animals which have been specially trained and certified to perform certain tasks, such as � for the handicapped,police K-9s, search and rescue, and other designated working animals, are not counted in this requirement,nor are animals that are part of any registered foster parent program. (b) No person shall own, harbor,keep or have custody of a rooster on his propert� SECTION 2. This Ordinance shall be effective upon approval and publication. Adopted by the City Council of Orono on this day of , 2012 by a vote of ayes and nays. Lili Tod McMillan, Mayor ATTEST: , �:<. Linda S. Vee, City Clerk � � ' PC Exhibit B CITY OF ORONO • . 2750 Kelley Parkway, P.O. Box 66 Crystai Bay, MN 55323 , � Phone (952) 249-4600 Fax(952) 249-4616 � NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, August 20, 2012, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 12-3568 Concept Landscaping on behalf of William Rouse, 4051 Highwood Road, LR-1 B zoning district, request a 0 to 75' zone hardcover variance and conditional use permit for land alteration within the 75-foot lake setback to allow reconstruction and reorientation of a lake access stair system. 12-3569 Mills Construction, LLC on behalf of Jason Wilsey, 990 North Shore Drive West, RR-1 B zoning district, requests a conditional use permit for a guest apartment within the principle structure. 12-3570 Nancy & Brent Bordson, 760 Tonkawa Road, LR-1 B zoning`=district, request lot area and lot width variances; and a 75' to 250' zone hardcover variance in order to construct a new residence. The subject property has 117 feet in width at the OHWL and 110 feet at the 75-foot setback and 23,643 square feet in area where 140 feet in width and 43,560 square feet in area are required. 34.2% hardcover is proposed within the 75'to 250' zone where 25% is allowed and 34.3% currently exists. 12-3571 City of Orono is considering an amendment the zoning code to regulate the keeping of roosters within Residential districts. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to tH'e hearings. Written comments are, accepted and should be submitted to the City of Orono by August 14, 2012 if possible. Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. Y . City of Orono By: Planning Commission Melanie Curtis Planning &Zoning Coordinator To be published in The Laker& The Pioneer IVewspapers on August 4, 2012. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office � [ � , ' PC Exhibit C MEMORANDUM � PC Work Session 8-1-2012 To: Chair Schoenzeit and Planning Commissioners Melanie Curtis, Planning&Zoning Coordinator Jason Baxnes, CSO Jessica Loftus, City Administrator � _ , From: Mike Gaffron, Asst. City Administrator Date: July 25, 2012 Subject: Roosters -Potential Ordinance Amendment � Attachments: A- Existing Pertinent Orono Code Sections B - Submitted Information from Laura Schatzer, 3685 Watertown Road C - Sample Ordinance (For Discussion Only) � D - Selected Information Materials �Background The City Council has directed that staff and Planning Commission review the issue of whether the keeping of roosters should be prohibited within the City. This direction is a result of ongoing complaints from one or two residents about incessant crowing of roosters located at a property on Watertown Road in the 5-acre RR-lA Rural Residential zoning district. Laura Schatzer of 3685 Watertown Road has requested that her letter and attachments dated June 11, 2012 be included in your information packet- see Exhibit B. _ The basic issue is that roosters have a natural propensity to crow loudly in eaxly morning hours and intermittently throughout the day. The high-pitched sound travels significant distances, and may be heard hundreds of feet away. In a completely rural setting this may be acceptable; in a rural residential setting of 2- acre and 5-acre lots that characterizes 80% of Orono, separation distances between homes may not have much effect on reducing the noise impact. � Provided below is a review of existing City of Orono ordinances regarding the keeping of animals. Relative to roosters, the animal noise regulations (Section 62-10) would consider it a violation � when a rooster crows repeatedly for at least five minutes, with one minute or less between each crowing instance. . .�,;.. Scope of Review -, . This review could easily mushroom into a discussion about general animal regulation with respect . to chickens and other fowl, such as the location, numbers, and manner in which they are kept. The very minimal volume of complaints received outside of the recent situation does not suggest a need for an overhaul of the animal ordinances. The Council direction in this regard is merely to consider a ban on roosters. The request from one member of the public that greater controls be placed on � i Roosters July 25,2012 Page 2 keeping of chickens may be worthy of some discussion, but the focus should be limited to dealing with the issue of roosters. � Existing Pertinent City Codes (See Exhibit A) Animal regulations aze found in two distinct sections of the Orono Municipal Code: � - Chapter 62: Animals (primarily enforced by Police Department) Pertinent sections are: . 62-1: Definitions of Animals and Farm Animals 62-3: Keepin� states that farm animals must be kept in accordance with Chapter 78 62-5: Housin� states that it's unlawful to keep any animal in any structure infested by rodents, vernun, flies or insects. . 62-6: Trespasses states it is unlawfiil to herd, drive or ride any animal over property without specific permission frorn the owner. . 62-10: Noise discusses the standards for what constitutes `disturbing peace and � quiet'; how to determine whether a violation exists; and the complaint process. - Chapter 78: Zoning Code (primarily enforced by Planning/Zoning/Bldg Dept.) Pertinent sections regarding animals are: 78-1: Definitions ofAccessory Use o�Structure;Agriculture;Animal Unit; Commercial Kennel;Farm Animals;Noxious matter or materials;Pasture; . RidingAcademy;Stabl� or barn,private; Stable or barn,public; Stockfarm; Use, accessory; Use, conditional. � 78-5: Purpose of the zoning code acknowledges that the character of Orono is changing from a rural agricultural community to a rural residential community,that residential use is primary, and that the continued use of land ' for farming and similar purposes will be protected by ordinance where sufficient acreage is available to allow such use to continue without conflict with the expanding residential use. This language has been in the preamble section of the Zoning Code since 1975. � � , 78-303, 328, and 348: Conditional Uses section of the LR-lA, LR-1B and LR-1C lakeshore residential zoning districts. The language is identical in all three: � Part(3)a. discusses the acreage requirements for keeping horses. - Part(3)b. indicates the minimum acreage for farm animals is at least one acre for the dwelling and one acre for each animal unit. Part(3)c.requires that any building or structure associated with animals must be located more than 150 feet from the nearest adjacent residence and at least � 75 feet from the nearest lot line. Part(3)d. requires compliance with the provisions of Chapter 62. 78-394 and 419: Accesso ,r�es section of the RR-lA and RR-1B rural residential � zoning districts. The language is identical to that in the LR- district sections � noted above, except that as an accessory use, no conditional use permit is � required. I. 1� Roosters&Chickens July 25,2012 Page 3 . 78-565: Conditional Uses section of the RS seasonal recreational district. Wording is slightly different than for other districts - does not include the setback requirements for animal housing structures, and does not refer specifically to Chapter 62 but does require compliance with the City Code. To further summarize the above specifically related to chickens and roosters: - Chickens axe `farm animals' by definition. - The code does not distinguish between chickens (hens) and roosters; they are all defined as `fowl'. - Fowl are allowed in the 2-acre and 5-acre Rural Residential districts as an accessory use. - Fowl are allowed in the Lakeshore Residential 1/2-acre, 1-acre and 2-acre districts and in the RS district, as a conditional use, requiring a CUP. - The number of fowl allowed is based on the size of the property; the minimum acreage for farm animals is at least one acre for the dwelling and one additional acre for ea�h animal unit. - One animal unit is equivalent to 50 fowl under Orono code. Therefore, a 2-acre lot would be allowed 50 fowl, a 3-acre lot would be allowed 100,fowl, 4-acre lot allowed 150, etc. - Structures for housing of animals, including fowl, must be 75 feet from neighboring lot lines and 150 feet from neighboring residence structures. - Animal noise such as crowing that occurs repeatedly for more than 5 minutes at intervals of less than one minute is considered a noise violation. It should be noted that the general noise ordinance regulations contained within Chapter 58: . Environment of the municipal code do not address animal noise. � ( Brief Analysis � While a number of cities have banned roosters,there is no clear uniformity among local ordinances that deal with poultry. One generalization that staff believes can be made is that cities with higher density development are more likely to have banned roosters, and in some cases also banned or limited the number of chickens at a property. Some cities have established a licensing or permit requirement for the keeping of chickens. It appears common that many cities have allowed chickens in just their rural-density (agriculture or farming) districts, and/or required minimum lot sizes in order to keep chickens. City Attorney Soren Mattick has provided a sample ordinance from one of the southern Twin ``` Cities communities (Exhibit C). This is not necessarily a suggested ordinance, but is just an example of what one other city has adopted. Soren's admonition to us is that we should avoid an ordinance that hinges approval of chickens/roosters on a neighbor's approval. He also notes that a ban on roosters enacted within the Animals section of the Code (Chapter 62)will not be subject to a grandfathering of existing roosters; whereas grandfathering is a risk if such a ban is added to the zoning code. � � Roosters&Chickens . July 25,2012 Page 4 . ' Attached you will find a variety of materials gleaned from the internet with regards to dealing with chickens and roosters in suburban settings. Feel free to do your own internet searching on this topic! Issues for Consideration 1. Should the City Code be amended to prohibit the keeping of roosters? 2. Should the City Code be amended to merely regulate (provide minimum standards for)the keeping of roosters? 3. If keeping of roosters is regulated rather than prohibited, what parameters for keeping them should be regulated? 4. Is there a benefit to requiring a permit or license for roosters that can be revoked if some level of violations occurs? 5. Is there any reason to further regulate the keeping of chickens or other fowl (absent the issue of roosters)beyond the provisions within the existing City codes? 6. . What section(s)of the Code should be amended-Animals? Zoning?Environment? Staff Recommendation ` Planning Commission should review the topic of roosters and consider whether or to what extent the City should further regulate fowl. ..�,�. tvluutt;uuc r a�,c i � � � Ororeo, IV�Bn�eso�a, Code of Ordinances» Title V-PUBL6C PROi'ECTION » Chapter 62 -ANIMA�S » ARTICLE I. -IN GENERAL» � ARTICLE I. - IN GENERAL � Sec. 62-1.-Definitions. `' • Ssc.52-2.- Interference with o�cers prohibited. ✓ Sec. 62-3.-Keebinq: , Sec.52-4.-Animals in transit. � ` ✓ Sec. 62-5.-Housinq. � Sec. 62 6 -Trespasses �� Sec.62-7.-Regulation of horses. Sec.62-8.-�eeding of waterfowl. Sec.52-9.-Animaf fimits. � Sec. 62-10.<-Noise. Secs.62-19-62-40.-Reserved. Sec. 62-�. - D�f�ai#aons. . The following words, terms and phrases,awhen used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animals means farm animals and all other animals, reptiles and feathered birds or fowl except dogs, domestic cats, gerbils, hamsters and caged household birds. Dangerous animals means any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics, would constitute a danger to human life or property if it is not kept or maintained in a � safe manner or in secure quarters. The term "dangerous animal" also means and includes any domestic mammal, reptile or fowl which, because of its size or vicious propensity or other characteristic, would constitute a danger to human life or property if it is not kept°or maintained in a safe manner or in secure quarters. The term "dangerous animal"does not include a dangerous dog as defined in Minn. Stat. § 347.50. Farm animals means cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honeybees. Owner means any person who owns, harbors, feeds, boards, keeps or otherwise possesses an animal, and who is the head of the household of the residence, or the owner or manager in charge of the establishment or premises at which an animal remains, or to which it retums. ��c�- (Code 1984, §9.13(1)) Cross reference—Definitions generally, § 1-2. Sec. 62-2. - Int�r�erence with officers prohibited. http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2f... 7/18/2012 --------___ " � � It is unlawful for the owner of any dog to interfere with any police officer or other city employee in the perFormance of his duty to enforce this chapter. (Ord. No. 137 2nd series, §9.12(11)(3), 7-24-1995) Sec. 6L-3. - K�epin�. It is unlawful for any person to keep or harbor any animal, not in transit, except; • (1) Farm animals kept in. accordance wifh chanfer 78 . . _ ., ; :, �2) Animals kept as part of a show licensed under this Code; �3) Animals used in a parade for which a permit has been issued; � �4) Animals kept in a laboratory for scientific or experimental purposes; or (5) Animals kept in an animal hospital or clinic for treatment by a licensed veterinarian. (Code 1984, §9.13(2)) S��. 6�-�. -�i�air��l� in �ra�s�t. � It is unlawful for any person to transport animals unless they are: (1) Confined within a vehicle, cage or other�means of conveyance; . �2) Farm animals being transported in a portion of the city zoned for rural purposes; or � �3) Restrained by means of bridles, halters, ropes or other means of individual restraint. (Code 1984, §9.13(3)) . Cross reference— Traffic and vehicles, ch. 66. Sec. 62-5: -"Hoaasi�ag. It is unlawful for any person to keep any animal in any structure infested by rodents,vermin, ,. . flies or insects."' ' (Code 1984, §9.13(5)) Sec. 6�-6. -.�Tresp�sses. � It is unlawful for any person to herd, drive or ride any animal over and upon:any grass, turf, bouleva'rd,�city park, cemetery,gacden or lot without specific permission from tiie,owner.; (Code 1984, §9.13(6)) S�c. 6�-7. - Rega�9a#��n o�ho�°s��. (a) The term "horse" as used in this section means any breed of horse, pony, mule or ass. �b) It is unlawful for any person to ride or to drive:a horse after the hour of sunset and before the hour of sunrise along or crossing any public way without appropriate lighting or reflectorized clothing. ��) It is unfawful for any person to ride or drive a horse in any public park, beach, golf course or other public property, except within the right-of-way of public streets and highways, and in areas duly designated as trailways or hitching areas. (d) The city administrator shall designate and signpost those areas in public lands, parks and beaches where horses may be ridden and driven. � http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3a%2£.. 7/18/2012 , Niumcoae . � rage s ot 4 (e) Every person riding a horse or driving a horse-drawn vehicle upon a public street shall be subject to those provisions of this Code applicable to the driver of a motor vehicle, except those provisions which by their nature can have no application. , (fl It is unlawful for any person to interfere with any horse being ridden, driven or kept in a lawful manner. ' (Code 1984, §9.13(13)) Se�. 6�-8. - Feeding of waterfowl. (a) Statement of purpose. It has been determined that the presence of large numbers of wild waterfowl on and around ponds and lakes in the city causes a public health nuisance in and around such ponds and lakes, including the surrounding beaches and properties, which is inimical to the health and general welfare of the public. The purpose of this section is to prevent such conduct that may attract such wild waterfowl to properties in the city. �b) Feeding of wild waterfowl prohibited. No person shall feed, cause to be fed, or provide food for wild waterfowl in the city on lands either publicly or privately owned. ��) Exceptions. This section does not prohibit the temporary care or feeding of a wounded bird on one's own premises. (Code 1984, §9.13(14)) Se�. 62-9. -Animal limifs. � . No person shall own, harbor, keep or have custody of more than two dogs or more than four cats, over the age of six months, on his property without having first secured a residential kennel license as required in article III, division 3, subdivision II, of this chapter except individuals involved in any animal-related business. Individuals involved in the business of selling, boarding, breeding, treating or grooming animals must receive a commercial kennel license. Animals which have been specially trained and certified to perform certain tasks, such as for the handicapped, police K-9s, search and rescue, and other designated working animals, are not counted in this requirement, nor are animals that are part of any registered foster parent program. (Ord. No. 208 2nd series, §8, 10-22-2001) � . Sec. 62-10. - Noise. . __ . ��(a) `Disturbing peace ancJ quiet, No person�owning, operating, having charge of or occupying any; budding or premises shall keep or:allow to be kept any animal which shall, by any noise,� unreasonably.disturb the peace and quiet of any person in the vicinity.The term "unreasonably disturb the peace and quiet" shall include but is not lirnited to:the creation of any noise by any animal which can be heard by any person; including the animal control officer or a 1aw enforcement o�cer, from a location outside of the building or prerriises where the animal is being kept and which animal noise occurs repeatedly over at least a five-minute period of time with one minute or less lapse ortime between each animal noise during the five-minute period. ' (b) Complaint. Any person may caU or deliver a complaint to the animal control officer, stating facts and:circumstances of an alleged violation of this section. The animal control officer � shall investigate such complaint. If a violation occurs in the presence of the animal control officer, a summons may be issued. If probable cause of a violation exists, which violation did not occur in the presence of the animal control officer, all reports, witness statements and evidence may be submitted to the city prosecuting attorney for a formal complaint. http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2f... 7/18/2012 ..�........v.... �»b.. . ..� . 1 � (Ord. No. 137 2nd series, §9.12(14), 7-24-1995;Ord. No. 208 2nd series, §8, 10-22-2001) S��Se �2-19--��-�3)� - ��fr�/�d�. ' . . �... �:�,: http://library.municode.com/print.aspx?h=&clientID=13 094&HTMRequest=http%3 a%2f... 7/18/2012 � r Excerpts re Animals - OronoZoriin�Code'Section 7.8-1: Definitions .,,; Sec. 78-1, - Definitions.��~ , The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless specifically defined in this section, the words and phrases used in this chapter shall have the meanings given to them in chapter 82. Accessory use or structure means a use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental to the principal use or structure. � Agriculture means the utilization of land by raising plants, trees or shrubs or the � raising of domestic animals or fowl, or both, for the purpose of selling to secure a profit. Aniinal unit means, for one animal unit equivalency, one cow or steer; one horse, '=� donkey or burro; three sheep; or 50 fowl. . � Commercial kennel means any premises where three or more domestic animals over � six months of age are owned, boarded, bred or offered for sale. � Farm animals means cattle, horses, mules, sheep, goats, Ilamas, alpacas, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honeybees. Noxious matterormaterials means material capable of causing injury to living ' organisms by chemical reaction, or•is capable of causing detrimental effects on the physical or economic well-being of individuals. Pasture means land used for grazing horses, cattle or other domestic animals. Riding academy means a building, structure or other facility which is used for the instruction and training in the care and handling of horses, mules, donkeys or ponies for a fee or other valuable consideration. Stable or bam, private, means a building or structure used or intended to be used for the keeping of hoofed animals belonging to the occupant of the property, and kept for noncommercial purposes. � .�;�� Stable or bam, public, means a building or structure used or intended to be used for . housing of horses, mules, donkeys or ponies which are owned by those other than the �ccupant of the property, where animals may be rented for a fee for riding purposes or where riding lessons may be provided. � , � Stock farm means a parcel of land comprising an area of ten acres or more that is used to house and feed any number of farm animals when such farm animals are kept for profit. Use, accessory, means a use subordinate to the principal use on a lot and � exclusively used for purposes incidental to those of the principal use. � Use, conditional, means those occupations, vocations, skills, arts, businesses, � professions or uses specifically designated in each zoning use district which, for their respective conduct, exercise or perFormance in such designated use districts, may require reasonable but special, peculiar, unusual or extraordinary limitations, facilities, or regulations • in such use district for the promotion or preservation of the general public welfare, health, convenience or safety in such use and in the city and, therefore, may be permitted in such use district only by a conditional use permit, which is designed to meet the problem that arises where certain uses, although generally compatible with the basic use classification of � a particular zone, should not be permitted to be located as a matter of right in every area included within the zone because of hazards inherent in the use itself or special problems which its proposed location may represent. , ivlunicoae rage i or� . Sec. 78-5. - Purpose. . (a) Guiding principles. , ., , . . .. . . . .� ., .. ��) The city is growmg in populafion from a rural agricultural community to a rural . . ., _ , . _. .� residential comrriunity.�Use_of land for residential purposes is"`considered primary uvith .._., . . , , other uses`viewed as supporting�fhis use. While present commercial or industrial . activity, where consistent virith residential use and other guiding principles, will be protected by ordinance or conditional use permit, it is not the intention to expand or � allow all such commercial or industrial activiry to a degree where it conflicts with the primary residential use and the other guiding principles.:The-:continued use of land for farming and similar purposes will be,pr.otected by ordinance orconditional use permit where sufficient;acreage.allows such.use to continue virithout conflict:with expanding - . __. residential use. . (2) The maintenance of open space and the avoidance of overcrowding of land is a basic guiding principle in this plan. In addition to avoiding the ill effects of excessive, intensive land development, it is the policy to also avoid the threat to public health which occurs-with excessive crowding of private sewage disposal systems on substandard building sites. �3) The city has recognized that many of the open space policies which have previously provided the basic direction of the land use policies have proven to be inadequate. It - is now clear that on-site disposal systems must not be allowed on any site of less than �� two acres. It is now clear that the physical characteristics of the city make the extension of public services such as sewer extremely expensive and almost impossible in some areas. The city and other governmental agencies have learned that the premature development of open areas can be costly and disastrous to the environment. (4) Of paramount importance to the citizens of the city and to the citizens of the metropolitan area is the preservation of Lake Minnetonka and the wetlands that � provide the only practical system of filtration and purification of the stormwater so vital to the preservation of Lake Minnetonka and the groundwater supplies in the area. The disastrous effects of intense residential and commercial development within the city, and especially in those areas adjacent to Lake Minnetonka and the wetlands, are painfully evident. The adoption of additional regulations, rezoning of certain areas and � the creation of larger lot sizes in unsewered areas is mandatory in order to protect the safety, health and welfare of the citizens of the city. �5) The guiding principles of maintaining open spaces, avoiding the ill effects of overcrowding, avoiding premature development, avoiding the future pollution problems which are inherent in any plan to intensely develop land adjacent to wetlands and Lake Minnetonka, and the need to change some allowedpuses in order p,;�.Cny'a ,,:i-w,.� to preserve the quality of the groundwater supplies in the area were recognized in the comprehensive municipal plan adopted on December 2, 1974, and the amendments to the comprehensive zoning chapter and map adopted by the council on December � 19, 1974. The principles established in the 1974 comprehensive municipal plan were further reinforced by the 1980 Orono Community Management Plan adopted by . Resolution No. 1338 on November 23, 1981, and the 2000-2020 Orono Community Management Plan adopted by Resolution No. 4723 on November 13, 2001. The http://library.municode.com/print.aspx?h=&clientID=13 094&HTMRequest=http%3 a%2£.. 7/18/2012 • - -------�-� v � � � official zoning map has since been revised by Ordinance No. 2 2nd series, adopted June 11, 1984; Ordinance No. 33 2nd series, adopted March 30, 1987; Ordinance No. � 64 2nd series, adopted October 10, 1988; Ordinance No. 83 2nd series, adopted April 23, 1990; Ordinance No. 149 2nd series, adopted August 26, 1996; Ordinance No. 157 2nd series, adopted April 14, 1997; Ordinance No. 187 2nd series, adopted May 10, 1999; and Ordinance No. 207 2nd series, adopted October 22, 2001. �b) Intent and purpose. This chapter is adopted for the purposes of: (�) Protecting the public health, safety, morals, comfort, convenience and general welfare; �. �2) Dividing the city into zones and districts restricting and regulating therein the location, construction, reconstruction, alteration, and use of structures and land; �(3) Promoting orderly development of the residential, business, industrial, recreation and . public areas; �4) Providing adequate light, air and convenience of access to property; �5) Limiting congesfion in the public right-of-way; (6) Preventing overcrowding of land and undue concentration of structures by regulating the use of the land and buildings and the bulk of buildings in relation to the land and buildings surrounding them; (7) Providing for the compatibility of different land uses and the most appropriate use of land throughout the city, preventing the destruction of the natural environmental assets located within the city, protecting the quality of stormwater runoff, Lake Minnetonka, Long Lake, the wetlands and marshes within the city; ($) Providing for a more orderly transition from a rural agricultural to rural residential environment; . . �9) Providing for the administration of this chapter; (10) Defining the powers and duties of the administrative, officers and bodies; and � (11) Prescribing penalties for the violation of the provisions of this chapter. . (Code 1984, § 10.01((1), (2))) http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2£.. 7/18/2012 , 1vlurucoae Yage 1 ot� � L�2-�� Sec. 78-3fl3. - Conditionat uses. . Wthin any=LR-1A�one-family lakeshore residential district, no structure or land shall be used for the following uses except by conditional use permit: (1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that: � ' a• All principal buildings are located at least 100 feet from any adjacent property zoned for residential use; and � b• All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use. �2) Guest houses and nonrental guest apartments. a• � Guest houses, provided that: ' � �• The lot is at least two times the minimum lot area required by this section; and ' 2• The guest house is for the sole use of the occupants of the principle �-..; dwelling,�including their domestic employees and nonpaying guests. ' b• Guest apartments with exterior ingress and egress, provided that: . � � �• The application for a guest apartment adequately addresses the concerns of parking, sewage treatment, exterior access method, and interior access method; 2• There is at least one access door to the apartment from inside the principal dwelling and this door is the primary means of accessing the � apartment; 3• The guest apartment does not have a separate address; 4• The guest apartment's utilities are not metered separately from the principal dwelling; and 5• The guest apartment is for the sole use of the occupants of the principal dwelling, including their domestic employees and nonpaying guests. (3) Keeping of farm animals for noncommercial purposes and for the use of the occupants of premises, provided that: a• Where the applicant requests a conditional use permit to keep horses, there must be at least one acre for the dwelling and two acres of open pasture for the first horse. If the applicant requests a conditional use permit to keep more than one horse, the property must have one additional acre of open pasture'for each additional horse. Calculations of minimum pasture acreage shall not include any land defined as a wetland or wetland buffer under section 78-1602. When . � horses are kept stabled and do not require pasture for feed purposes, the �:, ��`�� minimum pasture requiremerit may be adjusted at the discretion of the council. 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 c. ' http://library.municode.com/print.aspx?h=&clientID=13 094&HTMRequest=http%3 a%2f... 7/18/2012 ---------•- .. i � 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 fhe nearest � lot line. d• The use is operated in compliance with Chapter 62, Animals. (4) Places of worship, provided that all buildings and structures, except columbaria, are � located at least 50 feet from any adjacent property zoned for residential use. �5) Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article. �6) Public service structures, provided that: a• All buildings are located at least 50 feet from any adjacent property zoned for residential use; and b• The architectural design of the structure is compatible with the architectural design of the surrounding area. . � �7) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: . a• The council finds that the proposed use of the accessory structure with a � bathtub or shower will not be detrimental to the residential ch�aracter of the neighborhood. . b• The council finds that the plumbing fixtures proposed are in keeping with the � intended use of the accessory building. � � �• The accessory building is conforming in location, size and height. d• The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: �• Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2• Used as a dwelling unless a guest house conditional use permit is obtained. . 3• Rented, leased or otherwise provided for use as a dwelling under any circumstances. (8) Schools, daycare centers, uses accessory to a high school. � a• Pre-kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students. � � b• Daycare centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children. �• Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is: �• Located on the same tax parcel as the high school to which it is . accessory and is owned by the local school district; . 2• Not separated from the high school building by a public road; , 3• Operated by the school district or by a nonprofit organization; and 4• All structures are located at least 50 feet from any adjacent property zoned for residential use. �9) Two-family dwelling, provided that: http://library.municode.com/print.aspx?h=&clientID=13 094&HTMRequest=http%3 a%2f... 7/18/2012 1v1U111VVUl+ 1'Q�jG J Vl J '� f' � a. Public sanity sewer service is available; b• The lot is adjacent to a commercial or industrial parcel; �• The dwelling is within 200 feet of the commercial or industrial parcel; and d• The design of the dwelling is compatible with the surrounding residences. (10) Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or non-residential use. All portions of columbaria located above ground shall meet the following standards: ' a• Located at least ten feet from property boundaries. b• Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or non-residential use. �• Located at least ten feet from the edge of the paved, traveled roadway. , d Shall not exceed eight feet in height including any appurtenances. . e• Direct views from all adjoining residential parcels shall be buffered by appropriate means. (Code 1984, §§10.20(3), 10.23(4);Ord. No. 145 2nd series, § 1, 3-11-1996; Ord. No. 161 2nd series, §§3, 4, 6-7- 1997;Ord. No. 178 2nd series, § 1, 12-8-1997,•Ord. No. 179 2nd series, §2, 10-12-1998;Ord.No. 28 3rd series, § 5, 8-22-2005;Orcl. No. 44 3rd series, §3, 2-25-2008;Ortl. No. 45 3rd series, §3, 2-25-2008;Ord. No. 79 3rd series, §4, 11-8-2010;Ord. No. 82 3rd series,§9, 12-13-2010;Ord. No. 90 3rd series, §4, 12-12-2011) Editor`s not� Ord. No. 79 3rd series, §4, adopted Nov. 8, 2010, set out provisions intended for use as subsection 78-303(18). To facilitate inclusion of Ord. No. 82 3rd series, adopted Dec. 13, 2010, and at . the editor's discretion, these provisions have been included as subsection 78-303(11). http://library.municode.com/print.aspx?h=&clientID=13 094&HTMReque st=http%3 a%2£.. 7/18/2012 . Municode Page 1 of 3 � �� 1 � . . ��c. 7�-32�. - Condifionai uses. � Within anyrLR�=1B one-family lakeshore residential district, no structure or land shall be used for the following uses except by conditional use permit: � (1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, � provided that: a• All principal buildings are located at least 100 feet from any adjacent property zoned for residential use; and b• All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use. �2) Guest houses and nonrental guest apartments. a� Guest houses, provided that: �• The lot is at least two times the minimum lot area required by this section; and >�-. 2• The guest house is for the sole use of the occupants of the principle -- dwelling, including their domestic employees and nonpaying guests. b• Guest apartments with exterior ingress and egress, provided that: �• The application for a guest apartment adequately addresses the concerns of parking, sewage treatment, exterior access method, and interior access method; 2• There is at least one access door to the apartment from inside the principal dwelling and this door is the primary means of accessing the � apartment; 3• The guest apartment does not have a separate address; � 4• The guest apartment's utilities are not metered separately from the principal dwelling; and � 5• The guest apartment is for the sole use of the occupants of the principal - dwelling, including their domestic employees and nonpaying guests. (3) Keeping of farm animals for noncommercial purposes and for the use of the occupants of premises, provided that: a• Where the applicant requests a conditional use permit to keep horses, there must be at least one acre for the dwelling and two acres of open pasture for the first horse. If the applicant requests a conditional use permit to keep more than one horse, the property must have one additional acre of open pasture for each additional horse. Calculations of minimum pasture acreage shall not include any land defined as a wetland or wetland buffer under section 78-1602. When • horses are kept stabled and do not requir.e:pasture for feed purposes, the . minimum pasture requirement may be adjusted at the discretion of the council. . . 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 c. • http://librarv.municode.com/print.aspx?h=&clientID=13 094&HTMRequesrhttp%3 a%2f... 7/18/2012 1V1U111liVUG � � � 1 0.�G G Vl J � T 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. d• The use is operated in compliance with Chapter 62, Animals. �4) Places of worship, provided that all buildings and structures, except columbaria, are . � located at least 50 feet from any adjacent property zoned for residential use. (5) Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article. �6) Public service structures, provided that: • � a� All buildings are located at least 50 feet from any adjacent property zoned for residential use; and . � b• The architectural design of the structure is compatible with the architectural design of the surrounding area. ��) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage . treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a� The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. ' b• . The council finds that the plumbing fixtures proposed are in keeping with the � intended use of the accessory building. . � ' . �• The accessory building is conforming in location, size and height. d• The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: �• Used for a home occupation unless specifically approved by the city or if allowed by this Code. . 2• Used as a dwelling unless a guest house conditional use permit is obtained. � 3• Rented, leased or otherwise provided for use as a dwelling under any � circumstances. �$) Schools, daycare centers, uses accessory to a high school. a• Pre-kindergarten, primary and secondary public schools and private schools . with a curriculum similar to a pre-kindergarten, primary or secondary school. � Schools may include before and after school care for students. . b• � Daycare centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children. . � �• Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is: � ' �• Located on the same tax parcel as the high school to which it is � � � accessory and is owned by the local school district; 2• Not separated from the high school building by a public road; � 3• Operated by the school district or by a nonprofit organization; and 4• All structures are located at least 50 feet from any adjacent property � zoned for residential use. �9) Two-family dwelling, provided that: http://library.municode.com/print.aspx?h=&clientID=13 094&HTMRequest=http%3 a%2f... 7/18/2012 , M�nicode Yage 3 ot 3 a. Public sanity sewer service is available; b• The lot is adjacent to a commercial or industrial parcel; �• The dwelling is within 200 feet of the commercial or industrial parcel; and d• The design of the dwelling is compatible with the surrounding residences. (10) . Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned . for residential or non-residential use. All portions of columbaria located above ground shall meet the following standards: a• Located at least ten feet from property boundaries. b• Located at least 50 feet from principal structures located on any adjacent property, whether such property is-zoned for residential or non-residential use. �• Located at least ten feet from the edge of the paved, traveled roadway. d• Shall not exceed eight feet in height including any appurtenances. e• Direct views from all adjoining residential par�els shall be buffered by appropriate means. ' (Code 1984, §§ 10.20(3), 10.24(3);Ord. No. 145 2nd series, § 1, 3-11-1996;Orrl.No. 161 2nd series, §§3, 4, 6-7- � 1997;Ord. No.:178 2nd series,§ 1, 12-8-1997;Ord. No. 179 2nd series, §2, 10-12-1998;Ord. No. 28 3rd series, § - 6, 8-22-2005;Ord. No. 44 3rd series, §4, 2-25-2008;Ord. No. 45 3rd series, §4, 2-25-2008;Ord. No. 79 3rd series, � §5, 11-8-2010;Ord. No. 82 3rd series, § 12, 12-13-2010;Ord. No. 90 3rd series, §5, 12-12-2011) � Editor's not� � Ord. No. 79 3rd series, § 5, adopted Nov. 8, 2010, set out provisions intended for use as subsection � 78-328(17). To facilitate inclusion of Ord. No. 82 3rd series, adopted Dec. 13, 2010, and at the editor's discretion, these provisions have been included as subsection 78-328(11). State law reference—State mandated permifted uses, Minn. Stat. §462.357,subd. 7. � .�.;;,�: http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2£.. 7/18/2012 . M�anicode Page 1 of 4 �-� - 1 � Sec. 78-348. - Conditional uses. � � Within any LR-1 C one-family lakeshore residential district, no structure or land shall be used for the following uses without a conditional use permit: � (1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that: a• All principal buildings are located at least 100 feet from any adjacent property ' zoned for residential use; and b• All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use. �2) Guest houses and nonrental guest apartments. a• Guest houses, provided that: �• The lot is at least finro times the minimum lot area required by this section; and ' 2• -_��•- The guest house is for the sole use of the occupants of the principle � dwelling, including their domestic employees and nonpaying guests. . b• Guest apartments with exterior ingress and egress, provided that: �• The application for a guest apartment adequately addresses the concerns of parking, sewage treatment, exterior access method, and , interior access method; � 2• There is at least one access door to the apartment from inside the principal dwelling and this door is the�primary means of accessing the , apartment; , � 3• The guest apartment does not have a separate address; 4• The guest apartment's utilities are not metered separately from the principal dwelling; and � 5• .The guest apartment is for the sole use of the occupants of the principal - � dwelling, including their domestic employees and nonpaying guests. � ' �3) Keeping of farm animals for noncommercial purposes and for the use of the � occupants of premises, provided that: a• Where the applicant requests a conditional use permit to keep horses, there must be at least one acre for the dwelling and two acres of open pasture for the " first horse. If the applicant requests a conditional use permit to keep more than . one horse, the property must have one additional acre of open pasture for each ' additional horse. Calculations of minimum pasture acreage shall not include any land defined as a wetland or wetland buffer under section 78-1602. When �G,... horses are kept stabled and do not require pasture for feed pu[poses, the minimum pasture requirement may be adjusted at the discretion of the council. 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 c. . http://librarv.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2£.. 7l18/2012 LYl1.lL11vVliV � "tJ� � "� � .1 � 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. . d• The use is operated in compliance with Chaqter 62, Animals. (4) Personal wireless service antennas. Personal wireless service antennas erected on a municipal structure other than a water tower may be allowed as a conditional use if they meet the following criteria: a• Such antennas must be in compliance with the city policy regarding the use of city-owned property for wireless telecommunication antennas; b• Such antennas must meet the conditions listed for personal wireless service antennas as a permitted use in the LR-1 C zoning district. �• Such antennas may be located in the following locations: �• Co-located on an existing city emergency warning siren tower. 2• Co-located on a replacement city emergency warning siren tower,with a height not to exceed 75 feet. 3• Co-located on a new city emergency warning siren tower, at a location that meets the city's emergency warning needs, with a height not to exceed 75 feet. ' d• Such antennas shall meet the following performance standards: �• The antennas must be located on the existing emergency warning sirens poles, unless the height of the existing pole, or the capacity of the existing pole to support both the siren and the antenna(s) is inadequate to minimally meet the needs of the carrier. In this case, the carrier may be allowed to install a replacement tower that will accommodate both the emergency warning siren and the telecommunications antenna(s). The existing emergency siren towers can be replaced with towers with a maximum height of 75 feet, with the condition that the tower accommodates both the emergency warning siren and the telecommunications antenna(s). The city may also require the tower to have the capability of accommodating one additional carrier's antenna � (S)• - 2• A new emergency warning siren tower location, selected by the city to meet its emergency waming needs, could also be used as a telecommunications antenna site through co-Iocation of the warning siren and antenna. The standards set out in [subsection] 1. above also apply to a siren tower in a new location. 3• The height of a tower can be no higher than the minimum height required to address a gap in coverage. 4• The setback of a tower from a property line must, at minimum, be equal � to the height�of the tower, except where an existing emergency warning siren is located on a site that does not enable this setback too be provided. 5• A carrier must demonstrate through an engineering analysis that there is � � a gap in coverage. 6• At the city's discretion, a tower must be designed to structurally enable co-location by another carrier, and the carrier must agree to allow co- location. http://library.municode.com/print.aspx?h=&clientID=13 094&HTMRequest=http%3 a%2f... 7/18/2012 . Mumcode rage� or 4 7. The carrier must provide computer-generated photos showing the views , (as selected by the city)with and without the tower. . 8• , All consultant analysis and legal analysis related to the towers and the lease of the towers shall be paid by the carrier. � 9• The carrier is required to provide coverage maps to demonstrate the specific gap in coverage and need for an additional tower and antenna (s), and to demonstrate there are no existing tower options within a .radius of two miles that could accommodate the carrier's antenna needs. � 10. The size of the cabinets on the ground needed to house the support equipment for the antennas is limited to the minimum necessary size, as determined by the city council. Appropriate vegetative screening of � � ground cabinets shall be provided by the carrier, subject to approval by the city council. The council at its discretion may allow the use of non- vegetative screening methods such as berming, fencing, etc. 11. "Stealth"-type antennas (cylindrical) vs. an array of panels, is required if the technology is available. ' 12• Only monopole towers are allowed. �5) Places of worship, provided that all buildings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use. (6) Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article. �7) Public service structures, provided that: a• All buildings are located at least 50 feet from any adjacent property zoned for residential use; and b• The architectural design of the structure is compatible with the architectural � design of the surrounding area. �$) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a• The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. � b• The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. �• The accessory building is conforming in location, size�and height. d• The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: �• Used for a home occupation unless specifically approved by the city or if � „�,k�_ allowed by this Code. �,,;�_ 2• Used as a dwelling unless a guest house conditional use permit is obtained. 3• Rented, leased or otherwise provided for use as a dwelling under any - circumstances. �9) Schools, daycare centers, uses accessory to a high school. a. http://library.municode.com/print.aspx?h=&clientID=13 094&HTMRequest=http%3 a%2f:.. 7/18/2012 ..,,.��......... � . - •o- - -- - � � Pre-kindergarten, primary and secondary public schoois and private schools� with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students. b• Daycare centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children. � �• Indoor ice arenas accessory to a high schbol provided the arena, including ' accessory uses, is: � �� Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district; 2• Not separated from the high school building by a public road; 3• Operated by the school district or by a nonprofit organization; and 4• All structures are located at least 50 feet from any adjacent property zoned for residential use. (10) Two-family dwelling, provided that: • a• Public sanity sewer service is available; b• The lot is adjacent to a commercial or industrial parcel; � �• The dwelling is within 200 feet of the commercial or industrial parcel; and d• The design of the dwelling is compatible with the surrounding residences. (11) Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet fro.m principal structures located on any adjacent property, whether such property is zoned for residential or non-residential use. All portions of columbaria located above ground shall meet the following standards: a• Located at feast ten feet from property boundaries. b• Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or non-residential use. �• Located at least ten feet from the edge of the paved, traveled roadway. d• Shall not exceed eight feet in height including any appurtenances. e• Direct views from all adjoining residential parcels shall be buffered by appropriate means. (Code 1984, §§ 10.20(3), 10.25(4);Ord. No. 145 2nd series, § 1, 3-11-1996;Ord.No. 161 2nd series, §§3, 4, 6-7- 1997;Ord. No. 178 2nd series, §1, 12-8-1997;Ord. No. 179 2nd series, §2, 10-12-1998;Ord.No. 226 2nd series, §2, 5-27-2003; Ord. No. 28 3rd series, §7, 8-22-2005;Ord. No. 44 3rd series, §5, 2-25-2008;Ord. No. 45 3rd series, §5, 2-25-2008; Ord. No. 79 3rd series, §6, 11-8-2010;Ord. No. 82 3rd series, § 15, 12-13-2010; Ord. No. 90 3rd series, §6, 12-12-2011) Editor's note— , ' Ord. No. 79 3rd series, § 6, adopted Nov. 8, 2010, set out provisions intended for use as subsection 78-348(19). To facilitate inclusion of Ord. No. 82 3rd series, adopted Dec.,13, 2010, and at the editor's discretion, these provisions have been included as subsection 78-348(12). http://library.municode.com/print.aspx?h=&clientID=13 094&HTMRequest=http%3 a%2£.. 7/18/2012 , 1vlurucoae rage i or� • �� / � Sec. 78-394. - Accessory.;uses,,Y.A Within any'RR-1A�one-family rural residential district, the following uses shall be permitted _. - accessory uses: (1) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. (2) Communication reception/transmission devices as follows: a• Accessory antennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur shortwave radio transmitting and receiving antennas. Accessory antennas that are accessory to the principal use of property are permitted accessory uses in all zoning districts provided they meet the following conditions: �• Height. A ground-mounted accessory antenna shall not exceed 20 feet in height from ground level. 2• Yards. Accessory antennas shall not be located within the required front ��i yard setback, corner side yard setback or side yard setback a�'utting a street. � 3• Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises. . 4• Locafion. Accessory antennas shall not be Iocated within a required yard or setback area or within drainage or utility easements.Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. � , 5• Building permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural . _ component data for the accessory antenna, including details of. , anchoring. The building official must approve the plans before installation. . 6• Lightning protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. , , � 7• Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the � National Electrical Code as adopted by the city. 8• Color/content. Accessory antennas shall be of a neutral color and shall not be used as signage:.� b• Amateurshorfwave radio antennas and fowers. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts, provided ' they meet the following conditions: . �• Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2£.. 7/18/2012 ..�»......,..., -°a- - �- � r 2. Yards. Amateur shortwave radio antennas and towers shall not be located within a front, corner side or side yard. 3• Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower�from the property line. . � �3) Gardening and other horticultural uses, including aviaries and decorative landscape � features. �4) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of s�ction 78-1376, and the licensing provisions of section 26-76, when applicable. �5) Keeping of farm animals for noncommercial purposes and for the use of the occupants of premises, provided that: a• Where the applicant requests a conditional use permit to keep horses, there must be at least one acre for the dwelling and two acres of open pasture for the first horse. If the applicant requests a conditional use permit to keep more than � one horse, the property must have one additional acre of open pasture for each additional horse. Calculations of minimum pasture acreage shall not include any land defined as a wetland or wetland buffer under section 78-1602. When horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the council. 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 �• 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. d• The use is operated in compliance with Cha�ter 62, Animals. �6) One roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way. " ��) Private garages and parking space. � �8) Private swimming pools, tennis courts, and paddocks. . �9) Signs, as regulated in this chapter. (Code 1984, §§ 10.20(3)(M), (3)(N), (4), 10.27(4); Ord. No. 961 2nd series, §6, 6-7-1997;Ord. No. 221 2nd series, §3, 9-23-2002; Ord. No. 28 3rd series, §9, 8-22-2005;Ord. No. 82 3rd series, §22, 12-13-2010) �...5-. http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3a%2£.. 7/18/2012 , Muxucoae rage i oi� . . n�2- l D Sec. 7�-4'!9. -:Accessory uses. � Within any RR=9 B'one-family rural residential district, the following uses shall be permitted accessory uses: (1) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. ` • (2) Communication reception/transmission devices as follows: a• Accessory anfennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur shortwave radio transmitting and receiving antennas. Accessory antennas that are accessory to the principal use of property are permitted accessory uses in all zoning districts provided they meet the following conditions: �• Heighf. A ground-mounted accessory antenna shall not exceed 20 feet � in height from ground level. 2• Yards. Accessory antennas shall not be located within the required front . `�+� yard setback, corner side yard setback or side yard setback abutting a =�``� street. � 3• Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises. 4• Location. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers ' shall be set back from adjacent property lines a horizontal disfance no � less than the maximum height of the antenna. 5• Building permifs. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building • permit applications shall be accompanied by a site plan and structural , . component data for the accessory antenna, including details of . . anchoring. The building official must approve the plans before installation. 6• Lightning profecfion. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 7• Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. $• Color/content. Accessory antennas shall be of a neutral color and shall not be used as signage. _�=�; b• Amateur shortwave radio antennas and towers. Amateur shorlwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts, provided they meet the following conditions: �• Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet. � http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2£.. 7/18/2012 2. Yards. Amateur shortwave radio antennas and towers shali not be located within a front, corner side or side yard. � 3• Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. ' �3) Gardening and other horticultural uses, including avia�ies and decorative landscape features. (4) Home occupations, as defined in this chapter. All home occupations shall comply with ' the provisions of section 78-1376, and the licensing provisions of section 26-76, when applicable. �5) Keeping of farm animals for noncommercial purposes and for the use of the occupants of premises, provided that: a• Where the applicant requests a conditional use permit to keep horses, there must be at least one acre for the dwelling and two acres of open pasture for the first horse. If the applicant requests a conditional use permit to keep more than one horse, the property must have one additional acre of open pasture for each additional horse. Calculations of minimum pasture acreage shall not include " any land defined as a wetland or wetland buffer under section 78-1602. When . � horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement rnay be adjusted at the discretion of the Council. b• Where the applicant requests a conditional use permit to keep farrn 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 78-9�02 �• 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. � d• The use is operated in compliance with Chapter 62, Animals. � (6) One roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way. ��) Private garages and parking space: ($) Private swimming pools, tennis courts, and paddocks. (9) Signs, as regulated in this chapter. (Code 1984, §§ 10.20(3)(M), (3)(N), (4), 10.28(4);Ord. No. 161 2nd series, §6,.6-7-1997;Ord. No. 221 2nd series, §3, 9-23-2002; Ord. No. 28 3rd series, §10, 8-22-2005;Ord. No. 82 3rd series, §25, 12-13-2010) http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2£.. 7/18/2012 iviuiuwue . rage i or�+ R � � J Sec. 78-565. -�Cond.i.tional uses. Within any'RS seasonal recreational district, no land or structures shall be used for the following uses except by conditional use permit: . (1) Principal dwellings. One-family detached dwellings used or occupied for 181 days or more in any one year, or any dwelling regardless of the duration of use for which the � owner wishes to claim a principal residence homestead tax credit. A conditional use permit may be issued for such nonseasonal dwelling use, provided the applicant demonstrates and the council finds that the property is large enough to be permanently self-supporting in terms of water supply and sewage treatment, and that extra private precautions are taken for fire protection and security of persons and property, as follows: a• The minimum dry buildable record lot area required for approval of a principal dwelling conditional use permit without a variance shall be 5.0 acres. Approval � of a principal dwelling conditional use permit on an existing record lot of less than 5.0 acres shall be subject to strict showing of compliance with health and _,»u . � � ._. sanitation performance standards. b• An on-site sewage treatment system shall be provided in conformance with the requirements of se�tion 78-574 �• . A domestic water well shall be provided which conforms to current state health department regulations for depth, for setback from lake, wetland and sewage treatment system components, and which is capable of supplying domestic fire protection. d• The dwelling shall be built or rebuilt to conform to current state building code requirements, including provision for a permanent foundation, a heating system and insulation conforming to energy.code standards. e• The dwelling shall be equipped with approved smoke detection devices, and • with some form of manual or automatic fire extinguishing equipment. f• The dwelling shall be provided with telephone service. � 9• The lot or parcel shall be located directly on the shoreline or other access shall be available via a privately improved and maintained access to the shoreline. h• All property in common ownership shall be combined into one tax parcel if contiguous; or if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. �2) Guest cabins. Accessory separate dwellings or sleeping quarters containing indoor toilet and/or kitchen facilities located on the same lot, parcel or property as a permitted seasonal dwelling or as a conditionally permitted principal dwelling. A conditional use permit may be issued for one or more private guest cabins; provided the applicant demonstrates and the council finds that the additional living or sleeping facilities will not contribute to overcrowding or overuse of a small property or will not adversely affect neighboring properties, and that extra private precautions are taken for fire protection and security of persons and property, as follows: a• Private guest cabins shall be used solely by the occupants of the seasonal or principal dwelling, including their domestic employees, caretakers or nonpaying guests. Private guest cabins shall not be rented or leased for compensation. http://library.municode.com/print.aspx?h=&clientID=13 094&HTMRequest=http%3a%2f... 7/18/2012 a.aw�aavvwv " V " '� ' l A. b. The minimum dry buildable record lot area required for approval of a private guest cabin conditional use permit without a variance shall be 5.0 acres. Approval of a private guest cabin conditional use permit on an existing record lot of less than 5.0 acres shall be subject to strict shawing of compliance with health and sanitation performance standards. � �• The guest cabins and the seasonal or principal dwelling shall all be connected . to on-site sewage treatment systems in conformance with the requirements of section 78-574 d• The guest cabins and the seasonal or principal dwelling shall all be equipped with approved smoke detection devices and with some form of manual or automatic fire extinguishing equipment. e• All property in common ownership shall be combined into one tax parcel, if contiguous; or, if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. f• Not more than one private guest cabin constructed without indoor plumbing, toilets or kitchen facilities, and used only for additional sleeping quarters, shall be permitted on any property as an accessory use without requiring a . conditional use permit, provided the accessory cabin does not exceed 600 square feet in floor area and provid"ed all accessory building performance standards are met. Use of more than one accessory building for additional sleeping quarters, or use of an accessory building in excess of 600 square feet in floor area, shall require issuance of a conditional use permit and compliance with the provisions of subsection (2) of this section. � (3) Day-use recreafion areas. Land or structures owned or used by any private club, association or group of unrelated individuals as a regular meeting place for group activities, including without limitation boating activities, swimming, fishing, picnicking, athletic fields, nature trails and other day use. Overnight camping shall be permitted only on an occasional and incidental basis. This category includes day use scout, church, YMCA or YWCA camps, private nonprofit parks and boating groups, clubs or , associations. This category;does not include public day-use parks. A conditional use permit may be issued for a day-use recreation area, provided the applicant demonstrates and the council finds that the property is large enough to support the proposed use without adverse effect upon the lake, upon the land or wetlands, upon neighboring or nearby properties, and that extra private precautions are taken for fire protection and fbr security of persons and property commensurate with the number of users expected on the property, as follows: a• The minimum dry-buildable record lot area required for approval of a day-use recreation area conditional use permit without a variance shall be 5.0 acres. If the number of expected users at any one time exceeds 100, the minimum lot area required shall be increased to maintain a ratio of at least 1.0 acre per 20 users. b• � The minimum lot width at the shoreline shall be 200 feet. �• The club, association or group shall each year obtain a joint-use dock license from the city and from the Lake Minnetonka Conservation District, and shall at all times abide by all its terms. The number of licensed boat slips shall not exceed one slip per 50 feet of shoreline. d. http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2£.. 7/18/2012 o Mu�ucode Yage j oT 4 Any swimming area shall be suitably marked off and separated from boat traffic areas, and safety equipment or supervisors shall be provided as may be � . required by the council. e• On-site sewage treatment shall be provided in conformance with the requirements of section 78-574 � f• All new buildings or structures on the property, except accessory structures 120 square feet in floor area or smaller, shall be approved by the council as to , size, location and proposed use prior to issuance of any building permits. � 9• The property shall be provided with telephone service for emergency use. �� h• The lot or parcel shall be located directly on the shoreline, or other access shall be available via a privately improved and maintained access to the shoreline. �• All property in common ownership shall be combined into one tax parcel, if � contiguous; or, if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. (4) Overnight camps. Land or structures owned or used by any public agency, unit of government or any private club, association or group for overnight or extended camping by families or individuals, including related activities, such as boating, swimming, fishing, picnicking, athletic fields or nature trails. This category includes overnight scout, church, YMCA or YWCA, Park Reserve and Veterans'Association camps. A conditional use permit may be issued for an overnight camp, provided the applicant demonstrates and the council finds that the property is large enough to support the proposed use without adverse effect upon the lake, upon the land or upon ' neighboring properties, and that e�ra private precautions are taken for fire protection and for security of persons and property commensurate with the number of users expected on the property, as follows: a• The minimum dry-buildable record lot area required for approval of an overnight camp conditional use permit shall be�5.0 acres. If the number of dwelling units exceeds five, the minimum lot area required shall be increased to maintain a ratio of at least 1.0 acre per dwelling unit. For purposes of this section, one dwelling unit shall mean up to two developed camping spots for � tent camping or each separate cabin or structure used for sleeping purposes, , whether or not such cabin or structure includes separate toilet or kitchen facilities. ° b• The minimum lot width at the shoreline shall be 200 feet. �• Any common kitchen, dining room or eating facility shall conform to the requirements of county environmental sanitation food protection ordinances, � including all applicable licenses and inspections. d• The camp operator shall each year obtain a joint-use dock license from the city � .and from the Lake Minnetonka Conservation District, and shall at all times abide by all of its terms. The number of licensed boat slips shall not exceed _ one slip per 50 feet of shoreline. ;;�-. e• Any swimming areas shall be suitably marked off and separated from boat traffic areas, and safety equipment or supervision shall be provided as may be � required by the council. f• Toilet and sanitation facilities, including on-site sewage treatment systems, shall be provided in conformance with state health department regulations and the requirements of section 78-574 9• http://library.municode.com/print.aspx?h=&clientID=13 094&HTMRequest=http%3 a%2f... 7/18/2012 ivi�.uii�vu� -...a.. • .,� • �. c All new buildings or structures on the property, except accessory structures 120 square feet in floor area or smalier, shali be approved by the council as to size, location and proposed use prior to issuance of any building permits. h• The property shall be provided with telephone service for emergency use. �• All cabins or other structures used for sleeping purposes shall be equipped with approved smoke detection devices and with some form of manual or automatic . fire extinguishing equipment. 1• All assembly buildings having an occupancy load of 50 persons or more shall be equipped with fire extinguishing equipment consisting of hand-held fire extinguishers and either an automatic fire sprinkler system or other means of fire suppression equipment as may be approved by the counciL k� An emergency preparedness plan shall be required to address fire protection, medical emergency and police public safety services for all times the camp is occupied. . �• All property in common ownership shall be combined into one tax parcel, if contiguous; or, if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. (5) PRD subdivisions. Planned residential development subdivisions limited to detached . one-family seasonal dwellings only, subject to the"minimum 5.0 dry-buildable acres per dwelling unit net density otherwise required in the RS district, and subject to the � limitations of division 10 of this article. The minimum total land area for a PRD � subdivision shall be 20.0 acres. � (6) The keeping of domestic animals for noncommercial purposes, including horses for � the use of the occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as set forth in this subsection. A minimum of finro acres of open pasture must be available for a single horse,and one additional acre must be available for each additional'horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the council. Such minimum pasture acreage shall not include wetlands as defined in section 78-1602. Any person keeping such animals must comply with the provisions of this Code. (Code 1984, §§ 10.20(3), 10.31(3);Ord. No. 28 3rd series, §13, 8-22-2005) http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2£.. 7/18/2012 .__��__,__�l ...__ ____-...._____�____._.___ _._....._._'__.'_._-_________ ._.._ June 11, 2012 Dear Mr. Gaffron, Hello, my name is Laura Shatzer. I live with my husband Wade and three daughters on a 10 acre lot at 3685 Watertown Road in Orono. We have lived here for four years. We moved to the area because it is so beautiful and peaceful and the schools are terrific! � The area has continued to amaze us with its beauty but unfortunately it has been diminished by having to listen.to the sounds of a neighbor's roosters. The purpose of my letter to you is to explain why this has been a challenge for us and to request that the City of Orono put into place a no � chicken (or limited hens) no rooster ordinance. � Recently, I have been in communications with Christine Mattson in zoning and planning regarding the City of Orono and its stance on homeowners raising chickens and roosters. She gave me your name and advised that I send you a letter explaining my situation and reques� I will forward a copy � of this letter ccnd enclosures to the Orono City Council. � Our request is that the City of Orono revisit whether or not it will allow residents to raise chickens and roosters within city limits. Our neighbor,just three houses to the west of us (referred to as neighbor R), has been raising chickens and roosters. We might be zoned rural, allowing for chickens, but the homes are quite close together—only a stone's throw away in many cases. We can clearly hear her roosters, even inside our home sometimes with the windows closed and fan on. It has caused us stress because we want to enjoy the peacefulness of the area but are forced to listen to her roosters crow off and on all day long. We have kindly contacted her several times over the last year, as you will see below, but the roosters are still here. We wish the city of Orono had a strict no rooster policy in place like our neighboring cities so that we didn't have to try and plead directly with our neighbor. Here is some background information on our personal situation. If you want to skip the details of � our situation, please jump to the middle of page 2. �• Neighbor R moved in a few months after we did in 2008. She began raising chickens last spring 2011. The noise from her roosters (several roosters) became a big nuisance. There were mornings I could hear the roosters as early as 4—5 am with our windows closed and the air conditioner on. Roosters do not discriminate when it comes to the days of the week. We could see them in our next-door neighbors yard to the west of us, and sometimes ours. Often, they would crow off and on all day competing with each other. You could hear them several times in a minute. It caused me stress and it was uncomfortable having to ask neighbor R several times to take care of the noisy roosters (which she didn't think was a problem). The problem escalated in the fall when our elderly next door neighbor to the west of us called me upset because several (10 or so) of the chickens were in her yard and garage. They chickens and roosters where perching in her garage rafters and letting their droppings fall onto their new convertible and Christmas wreaths that they make and sell during the holidays. The chickens were also digging up the flowers and plants in their flowerbeds according from what I heard and saw. ' .'--.'-_.__.---- -_.. .--°--•-----"-----�-----'-------"-------"-�--�'-.-...- ------ -- °--°�--`--:�._...._ At this point I called animal control�and talked to Jason Barnes about my neighbors issues with the chickens/roosters and my complaint about the noise. He was very understanding about the problem � and encouraged our neighbor to call if the problem continued. Our neighbor eventually called and officer Barnes came out to deal with the chickens/roosters and discovered that neighbor R required a dog kennel license as well. Neighbor R assured me that her sons would take care of the roosters and there wouldn't be a problem in the future. And, that they would take care of any newly hatched roosters as welL Unfortunately, this spring I began to hear roosters again. At first it wasn't so bad because they were young—kind of funny sounding and not too loud or frequent. � � I contacted the neighbor R via text. She said they only have bantams this year,not the big roosters like last year. She said her sons want to show them in the State Fair. She also said they would keep them in the coup until8 am and put them back in at 8 pm. I appreciated this and said this should be okay but that I would let her know if they became annoying. I was somewhat worried because I knew she had several hens. The crowing eventually got louder and more frequent and it didn't sound like she just had bantam roosters. I can hear them alinost every time I step out my side door and sometimes while I'm in my house with the windows closed and fan on. My husband Wade noticed a large traditional rooster in her yard recently. We think she has around 5 or 6 roosters altogether. I contacted officer Barnes to let him know the roosters were back and to see what could possibly be done. It was an informal call. Neighbor R and I have continued to communicate via text. She thinks I'm being unreasonable and not practicing good neighbor relations=patience or kindness. My response was that good neighbor relations is not keeping several roosters that can be heard blocks away. And, that I believe I have been extremely patient and have tried to be kind about the issue, which I've been dealing with for a year now. She said she is finding a new home for the roosters. So far, we can still hear the roosters. Currently, neighbor R's home and two other homes close to us are for sale. My hope is that the City of Orono will put into place a no chicken (or limited hens), no rooster ordinance to prevent problems such as the one I have presented here. I do not want to have to battle roosters every year with existing or new neighbors. We love the area and hope to live here a long time. We want to be able to spend time outside without being bombarded by the screechy sounds of roosters. The occasional neighborhood sounds like a lawn mower, tractor, chain saw, kids playing, dog barking, a party, nature and the like is expected. It is the constant repetitive sounds that are irritating—obviously explaining why other cities have noise ordinances in place and do not allow roosters. � lf �; • . � Out of curiosity, I contacted our neighboring city hall offices to see what they allow or do not allow when it comes to homeowners raising chickens. Here is what I found: � City Chickens Yes/No Roosters Yes/No Buffalo No No Delano No No Independence • Long Lake No No Maple Plain No � No Medina No/Yes(rural2+acres) not specified* Minnetonka** No No Mound No No Loretto Yes (limit 6 hens) No Watertown No No � *All animals fall under the animal noise ordinance. **When I called the City of Minnetonka,the desk clerk firmly said"NO ROOSTERS" before I could even finish asking, "do you allow chickens?" � _�� 4"?' xk'++ �`r,x I have enclosed a copy of an email from Cindy at the Loretto City Hall and a copy of their chicken license/permit application and annual fee requirement. I have also enclosed a copy of a recent article from twincities.com Watchdog Backvard chickens welcome in some metro-area cities, as lon�as residents follow the rules. The article explains that � some communities allow chickens but that roosters are a problem and in most areas, they are not allowed. Clearly, all of our neighboring cities have addressed the issue of homeowners raising chickens. It is clear from the data that chickens are rarely allowed and roosters are never allowed with the exception of Medina who has a strict animal noise ordinance in place. • I was surprised to learn that Delano,Bu�ffalo and Watertown do not allow chickens. Thei'r cities ' have a large amount of rural land,I think more rural land than Orono. Overall, my desire is that the City of Orono will consider adopting an ordinance similar to Loretto's where it allows for a limited number of chickens with a license/permit but no roosters. And,the no rooster policy will be enforced by the city so that neighbors do not have to go back and forth . creating bad feelings and an uncomfortable environment. Thanks you so much for taking the time to address my concerns and consider my request for a city ordinance pertaining to raising chickens, that of which is more similar and in line with our neighboring cities. �1i�- � Please feel free to contact me via email at lshatzernaol.com and/or by my cell phone at 952-210-7597. Sincerely, Laura Shatzer .,,f `1 , 4{ ,.Ct` ;a :✓: . � � l.l . . . .... . _ _ __ _ ' '"O— __' k..""__"'" From: Cindy Patnode<cpatnode@ci.loretto.mn.us> To: Ishatzer<Ishatzer@aol.com> Subject: Chicken Application.rules . Date: Thu,Jun 7, 2012 2:51 pm _ Attachments: Application_Form.pdf(46K) Here you go.... Cindy Patnode , � . City Clerk City of Loretto (pop. 652 as of 4/1/2011) 279 Medina St. N., Suite 260 PO Box 207 Loretto, MN 55357 phone 763-479-4305 fax 763-479-2685 www:ci.loretto.mn.us � �t:�;. :.x.1 •dh� ! h: i ••ti • http://mail.aol.com/36301-111/aol-6/en-us/mail/PrintMessage.aspx 6/8/2012 -- ' --...—�---_._—. _--._ ..--�-------_�_--------------------_�------ --------- . � City of Loretto � Chicken License Application Form Application Information: Applicant: ' Street Address: , Loretto, MN 55357 Telephone Numbers: Email: ************************************************************************************************�*** Initial all items below for compliance: Principle use of building is single family home. Maximum of six chickens will be kept on my property. �;. No rooster will be kept on my property. ''`' No slaughtering of chickens will be done on my property. ' �' Food materials that are stored outside shall be in closed containers with lids. � Chickens shall not be raised or kept for fighting. Cockfighting is prohibited. I have not been convicted of cruelty to animals under a code, ordinance, or statute from this state, or a code, ordinance, or statute from another state.. All licensees must pass a mandatory inspection within thirty (30) days of obtaining chickens by authorized city personnel, who may refuse to grant or revoke a license. Each chicken license application shall be accompanied with a scaled site plan of the proposed building and fenced yard enclosure showing compliance with all appl�icable ordinance requirements, subject to the review and approval by , the city. All chickens shall be provided a secure and well ventilated roofed structure in compliance with the current zoning and building codes, and the following: 1. The roofed structure shall be fully enclosed, wind proof, have one (1) square foot window to fifteen (15) square feet of floor space and have a heat source to maintain an adequate indoor temperature during extreme cold conditions. � 2. The floors and walls of the roofed structure shall be kept in a clean, . sanitary and healthy condition with all droppings and body excretions collected on a daily basis and placed in a fir.e-proofed covered , container until transported off the premises. 3. Chickens shall be kept in the roofed structure or any attached fenced yard enclosure at all times: Licenses/Chickens/Application Form 5/26/10 1 , : City of Loretto � Chicken License Application Form � i. The fence around the yard enclosure shall be securely constructed with a mesh type material and shall have protective overhead netting to keep the chickens separated from other animals; ii. The fenced enclosure shall be well drained so there is no accumulation of moisture; iii. The ground or floor of the fenced yard enclosure must be covered with vegetation, concrete or other surface approved by the • � authorized city personnel, so that it can be, and is, sufficiently maintained to adequately dissipate offensive odors. iv. The floor area or combination of the floor and fenced area for keeping chickens sfiall not be less than ten (10) square feet of floor area per - animal; v. No roofed structure or fenced �rard enclosure shall be located closer than five (5) feet to any principal building and ten (10) feet to any side yard and/or rear yard prope�ty Ime; � vi. The roofed structure and fenced yard enclosure is prohibited in the front yard. *********************************************************************************************** Licenses shall apply annually and the license will expire each December 31St. The current fee for an animal license is $25.00, plus expenses. I agree that all fees incurred by the City resulting from the review of this request are my responsibility and I will pay them in a timely manner. I agree to allow the Code Inspector on my property to make an inspection between the , hours of 8 a.m. —5 p.m. Monday— Friday. , � Submit copy of inspection report to City Hall for license issuance. Signature of Applicant: � � Date: OFFICE USE ONLY Application of$ paid on by check# or cash Completed Application received on by Application reviewed on by Inspection scheduled on by and approved or denied � License# Expires on: Licenses/Chickens/Application Form . 5/26/10 ' , , wa�cnuog: tsacxyara cnicxens weicome in some meir�-drea ciue5, d5 i�n;a5 resiueii�s iui... rabc � u� � Watchdog: Sackyard chickens j%velcorne in some metro- � area cities, as long as residents follow the rules By Debra 0'Connor watchdog@pioneerpress.com TwinCities.com-Pioneer Press Posted: TwinCities.com A reader recently squawked to the Pioneer Press after noticing chickens in the back yard of a St. Paul home. "Very cute,"the writer said. "But is this legal?"The Watchdog saw the post on SeeClicicFix, an online feature on TwinCities.com that lets users alert their communities about quality-of- life issues. The Watchdog investigated to See whether a Chicks Fix was needed in the Macalester-Groveland neighborhood. As it turns out,the chickens are owned by the DuBois family, and the city of St. Paul confirmed the birds are legal. Homeowners Jacques and Katie DuBois followed the city ordinance when they first got chickens two years ago: They filed the paperwork, paid the fee, housed the chickens in an acceptable coop and secured the agreement of at least 75 percent of the neighbors living within 15o feet of their home. � . Jacques DuBois told the Watchdog that two of io neighbors did decline,with one claiming, "People in (ZIP code) 55105 don't want to have chickens there,"while,another said she didn't like the idea of having "livestock" around, DuBois said. But,he noted, that neighbor now brings her grandchildren over to observe Mario, Luigi and Oreo scratch and cluck. Across the nation, backyard chickens--part of what's called"urban farming" -- are all the rage. In St. Paul,the population is exploding, said animal-control supervisor Bill Stephenson. "A lot of people like them as pets, and the eggs are a benefit,"he said. . In St. Paul,there's been a permit process in place for more than 2o years,but the city used to see only three or four requests per year from people wanting to set up backyard coops. Now, it can be that many per week. One animal-control employee works two days a week checking the living conditions and sanitation of chickens, beehives and other less-common animals ' kept in the city, Stephenson said. Some other metro-area cities allowing chickens in a regular-sized back yard are Minneapolis, Anoka, Burnsville, Farmington, Hastings, Rosemount, Roseville,West St. Paul and Maplewood. Some communities that don't allow them include Apple Valley, Eagan, Stillwater, Woodbury, Inver Grove Heights and, thus far, Cottage Grove.That's according to a survey done by the city earlier this year,when resident Rylcna Olson,who grew up on a farm, asked that Cottage Grove consider allowing chickens.As she said in an email to the city, "I miss some of the amenities that a farm provides, especially fresh eggs." . The Watchdog did some research herself and found some ordinances to be fussier than . others: Ham Lalce, for example, requires the color of the coop to blend with that of the house. httn://cnf cleannrint.net/cnf/cnf?�cti�n=nrintXcurl=httn%3A%2F°/n2.Fwww.twi��cities.cnt��._. �i/1'0/2012 �_�.�.��'_�_��'.v"'�"��"_'��__"��'�` �'."__ �'_.�._"��_��"'_w_�___'��' ��___.��.__�..�.�: Bay�ort's extensive regulations note that chickens can't be kept in the house. Several cities that are still largely rural require lots to be 3 or more acres.The upscale community of North Oaks, which used to be railroad magnate James J. Hill's farm, doesn't allow the birds at all. Most cities that allow chickens require a permit, charge a fee and check on the chickens' welfare regularly. Ordinances describe an acceptable coop's configuration, along with its � placement on the property. . Most ordinances recognize some neighbors may not be enthusiastic about living near a , miniature farm.�Most don't allow roosters because they're noisy and can be aggressive?In '�` East Bethel,which doesn't bar roosters, spokeswoman Stephanie Hanson notes: "We have � no complaints on chickens; however, we have nurnerous complaints on roosters." Most �' require some or all of the neighbors to sign off on the idea. In Maplewood, which adopted an � ordinance last year, the owner of every property adjacent to the applicant's must agree, or � the applicant has to prove his property lines are at least 15o feet from anyone's house. And most cities limit the number of chickens to three or four--but not Minneapolis, where there's no official limit if a resident can convince 8o percent of the neighbors to sign off on the number and the city agrees they're properly kept. Minneapolis also allows roosters,but that has to be disclosed to neighbors and their signatures must be notarized. Minneapolis,which has allowed baclryard fowl as far back as anyone in animal control can � remember, now has a population of about 1,50o chickens, with an average of six to eight birds per household, according to permit coordinator Ann Thelen. Gro�n�th is still booming, with six to 10 application requests per week. � "Hens are wildfire this year,"Thelen said. And beehives, another part of the urban-farming movement, are gaining momentum. "They're coming in droves,too,"Thelen said. On Tuesday, June 5, a Stillwater family who had been cited for illegally keeping chickens appeared before the city council to ask members to consider mal:ing chickens legal.The council agreed, 3-2,to look into the matter, and will charge the standard $50o to have the city research a resident's request. � . , "There's enough illegal chickens out there that they're having a fundraiser to change the ordinance," said Mayor Ken Harycki. "They're pretty passionate about it.Apparently,there's a groundswell going on." Both Jacques and Katie DuBois grew up living in apartments, so having hens and a backyard � garden at their St. Paul house is a way to experience something new and promote their children's health, Jacques DuBois said.The children, ages g, 5 and 3, see the chickens as pets and will casually pick them up and carry them around.The family boxer and poodle mingle with the hens wandering in the yard. The family keeps different varieties, including the Ameraucana, nicknamed the "Easter httn://cnf.cleanvrint.net/cnf/cnf?action=urint&url=httn%3A%2F%2F�vw�.v.t4vincities.com... 6/l 0/20 l 2 vv awiiuvg. ya�riycuu�iu�nc►i� WGLl,V111G 111 JU111G 111GLLV-CL1G0.1+111GJ� a� iviig a�iv��u��w �v�... �a�� ., v� ., , , ,, . Egger"because it lays blue-, green- and pink-tinted eggs.The hens are "dual-purpose,"fit for both eggs and meat.They give enough eggs to satisfy the family's need and when, after three years or so,their laying days are done, there are companies that will process poultry for stew. The DuBoises'hens have the run of their fenced-in yard,but most have been able to flap over their 3-foot-high fence; they've lost one to a neighbor's dog and one to a hawk. � And once, the family accidentally got a rooster from their chick supplier. Since noise and � aggression make roosters illegal in St. Paul,they couldn't keep him. . So they ate him. Editor's note: Feel like an underdog because of a problem with a business,government agency or school?To ask the Watchdog for help, go to TwinCities.com/watchdog, call 651- 228-541g or email watchdog@pioneerpress.com. Follow her at pioneerwatchdog. httn://cn£cleannrint.neticnf/cnf?actirn�=rn•int&url=httn%�A%2F%2Fvv�vw.twincities.com... 6/10/20l 2 . ., � Mike Gaffron From: . Soren Mattick Sent: Tuesday, July 17, 2012 10:53 AM , To: Mike Gaffron Subject: Sample Chicken Ordinance l�§ 92.15 CHICKENS AND OTHER FOWL. � (A) Permit required for keeping of chickens and other fowl. No person shall anywhere in the city keep, harbor or maintain care, custody or control over any chicken without obtaining a permit issued by the city. (1) No permit shall be granted to.keep any chicken within a dwelling unit or part thereof, nor on any property containing two or more dwelling units. (2) This section shall not apply to dogs, cats, ferrets or rabbits, nor to veterinarians or licensed pet . shops or licensed kennels. (B) Application for permit. Any person desiring a permit under this section shall make written application to the City Code Enforcement Officer. Approval of application is subject to conditions prescribed by�the city in the Appendix. Failure to adhere to conditions in the Appendix is cause for cancellation of the permit and/or may result in an administrative citation. �(C) Duration of permit. All initial permits issued shall expire on December 31 of the following year after its issuance unless sooner revoked. Renewal permits shall expire on December 31 of the second year following its issuance unless sooner revoked. The application fee for such permit shall be set by City Council and may be changed from time to time. (D) Refusal to grant permit. The city may refuse a permit to keep or maintain chickens hereunder for failure to comply with the provisions of this section, and shall refuse a permit if such chickeris should not be kept upon the premises described in the application or the permit. If any such permit is refused,the fee paid with the application shail be retained by the city. . (E) Numbers and types of chickens allowed. � (1) No more than five chickens shall be maintained at any one residence or premises. (2) Hen chickens may be kept within the residential zones R-1 and R-lA. � (3) The keeping of roosters is prohibited. Chickens shall not be raised or kept for fighting. (F) Impounding of non-domesticated animals, chickens, and other fowl. Any non-domesticated animal, including chickens and other fowl, kept in violation of this section may be impounded by the city, and after being so impounded for five days or more without being reclaimed by the owner, may be destroyed or sold. Any person reclaiming such impounded animal shall�pay the costs of impounding and keeping the same. (G) Public or private nzcisance. . . 1 � I 1. (1) No person shall allow any chicken under his or her ownership or control to disiurb the peace and � c�uiet of the city or to otherwise become a public or private nuisance so as to annoy, injure or endanger the health, safety, comfort or repose of the public. . (2) Nor shall the owner of chickens maintain them in a manner so as to create a nuisance to owners of property adjacent to or in close proximity with the property on which the chickens are located. (3) Factors to be considered in deciding whether the keeping of chickens creates a public or private nuisance include,.but are not limited to,the following; (a) The condition of any structure or building wherein any chicken and other fowl is kept. (b) The proximity of pens, fences and other structures to adjacent property lines. � (c) The general nature and characteristics of the neighborhood. (d) The number of chickens kept on ariy one parcel. (e) The relative size of the parcel on which the chickens axe kept. (fl The type of chickens being kept. � '(g) The extent to which neighboring property is protected from the effects of the chickens, e.g.,� solid fences, landscape screening, buffer areas, and the like.� (h) The presence of objectionable odors and/or noise. (i) The relative danger the chickens would pose if exposeci to the general public. (H) Pens and yards. All chicken coops and chicken runs wherein chickens are kept or permitted to be shall be maintained in a clean and sanitary condition, devoid of all rodents and vermin, and free from objectionable odors. Such structures shall be maintained in good condition and shall be sufficient in strength and size to allow the particular chickens being kept to move about,but also able to prevent the escape of the chickens by climbing digging, chewing, manipulating of locks, gates or any other means if such restraint is necessary to prevent the creation of a nuisance. Upon complaint of any individual, the city shall inspect any such structure or premises, and issue any such order as may be necessary to cany out the provisions liereof. (I) Chickens within ciry limits; confinement. Every person who owns, controls,keeps,maintains or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run while in the city. Chickens are not allowed to be located in any part of the home, unfenced yard and/or garage. (J) Chicken coops ancl chi�ken rt�ns. (1) Any chicken coop and run fencing must be consistent with building and zoning codes. (2) No chicken coop or run shall be constructed on any lot prior to the time of construction of the principal structure. (3) Chicken coops and runs shall not be in the front or side yard. . " z , • (4) Any chicken coop or run shall be set back at least 50 feet from any residential structure on any adjacent lots, and ten feet from the property line. . (5) Any coop or run shall be screened from view with a solid fence or landscaped buffer with a minimum height of four feet. (6) All chicken coops must have a minimum four square feet per chicken,must not exceed ten square feet per chicken, and must not exceed six feet in total height. Fenced-in chicken,runs must not exceed 20 square feet per chicken, and fencing must not exceed six feet in total height. Chicken runs may be enclosed with wood and/or woven wire materials, and may allow chickens to contact the ground. Chicken runs must have a protective overhead netting to keep the chickens separated from other animals. (7) Chickens must be secured in a chicken coop from sunset to sunrise each day. (8) Chicken coops must be elevated a minimuxn of 12 inches and a maximum of 24 inches above grade to ensure circulation beneath fihe coop. (9) Chicken grains and feed must be stored in rodent-proof containers inside a structure. . (K) Conditions and inspection. No person who owns;>controls, keeps, maintains or harbors hen chickens shall pernut the premises where the hen chicken are kept to�be or remain in an unhealthy, unsanitary or noxious condition, or to permit the premises to be in such condition that noxious odors are carried to adjacent public or private property. Any chicken coop and chicken run authorized under this section may be inspected at any reasonable time by the City Code Enforcement Officer or other agent of the city. (L) Enforcement. The City Code Enforcement OfFicer shall enforce the provisions of this section. (Ord. 11-06-01, passed 6-16-11) � G�§ 92.99 PENALTY. ' Any violation of this chapter is a misdemeanor. Each day on which this violation continue shall constitute a separate violation. � ('87 Code, § 508.18) G�APPENDIX: CHICKEN CARE SHEET CONSIDERATIONS BEFORE PURCHASE VJhile livestock animals must be kept as carefully as pet animals, it is important to keep in mind that when these animals axe kept as pets they can live up to 14 years or longer. ��s; • Will you have sufficient time to clean the coop on a weeldy basis? Are you willing to spend $10 to $15 twice a yeax for fecal examination? Are you able to provide the birds with proper veterinary care and the vaccinations needed? 3 , � Chickens need to be tended to twice daily. Will you have a person ready to substitute for you when you have a reason to be absent? HOW TO RECOGNIZE HEALTHY CHICKENS Smooth, shiny and full plumage. Intensely colored red comb and wattles. Alert and shiny eyes, . Relatively firm, well formed;they must be clean; animals must be active, curious, busily picking or scratching for food; chickens should be actively dusting and preening their plumage; birds should be free of ectoparasites like mites, fleas or ticks. THE RIGHT PLACE FOR THE COOP Chickens require light, warmth and shelter from wind and drafts. The coop should be constructed with a . southern exposure for the front (including a window and door);this will provide some heat and light to the coop. To protect the coop from winds,hedges, shrubs or bushes should be placed toward the northeast and western sections of the coop. Despite their love of warmth, chickens tolerate heat poorly, as they have no sweat glands to allow for perspiration. For summer heat you must provide access to shade. • Space Requirements: If you plan to raise large breeds, at least four square feet will be needed for each . bird. If the chickens will be confined to the coop for a great portion of the time, they will need more room: � allow ten square feet for each bird, or six to eight square feet per bantam. • Nesting Box: Some kind of nesting box will be needed in the coop. Supply one nest for every four hens. • Perches/Roots: Perches or roosts will also be needed; a good rule of thumb is one per bird. • Heat: You might consider running electricity to your coop. This is especially desirable if it tends to get very cold in the winter, as chickens are prone to frostbitten combs and wattles. A few properly placedheat lamps, kept burning at night, will keep chickens warm and may prevent their drinking water from freezing. • Walls: Avoid building materials that permit absorption of moisture, as this will have a bad effect on the health of your chickens. Chemically treated wood is the most suitable building material for coops. Treatment of the wood should be done only with chemical compounds that are non-toxic to animals. A good compound with antifungal agents is good for humid areas. Clear varnish is also good. Everything should be treated or painted before it is assembled. Wooden structures should be built with double walls that have a one and one- half inch insulated layer between them. All bantams need warmer coop temperatures than larger chickens. � • Roofing: The coop roof should be made.of a material that will not collect and hold heat. The roof surface should be covered with an insulating tar paper to protect from heavy rains. The roof should be slightly , inclined to allow water to run off; if it overhangs at the front wall, it will protect from downpours. A few small openings along the eaves allow moisture to escape and provide fresh air. • Floorings: The floor should be one that will not collect and hold moisture, is easy to clean, and that the chickens will not have trouble walking on. A dirt floor fulfills most to the essential demands, a concert floor is ideal, especially since it discourages rodents. A wood floor is adequate;provided it is at least on foot off the 4 � � , ground, insulated and sealed properly. It is a good idea to throw litter on the floor wherever the chickens will be to absorb moisture and facilitate cleaning. , CLEANING How often the coop is cleaned depends on a lot of variables. If the chickens are kept inside,ideally droppings should be removed every day, but not less than every two to three days. Perches/roosts should get a quick ' , wiping off at the same time. In a larger coop outdoors, once a week�might be appropriate,but a major cleaning must be done twice annually: once in the spring and again in the fall. All of the litter must be removed, and all � parts and accessories washed, scrubbed and thoroughly disinfected and dried before returning the birds to the coop. � FEEDING It has been found that chickens, like people,need a variety of foods in order to remain healthy, and like people, suffer several nutritional disorders if certain things are missing for their diet. Prepared chicken feeds are designed to provide a perfectly balanced diet. Most prepazed feeds contain such ingredients as meat and bone � scraps, blood meal, bone meal, molasses, ground grains and grain meals. They also contain minerals and vitamins that chickens axe knawn to need. • Scratch: This is an old time favorite chicken feed and is a mixture of various whole grains and cracked corn. This feed goes over big with chickens,but is not complete dietary ration. Scratch mixiures with a high proportion of corn are not recommended. Some corn is fine, but as grains go, corn is lower in protein and higher in fat, and it tends to make the chickens obese. � • Grit: Chickens must have acce'ss to grit in order for their digestive systems to function properly. Since chickens do not have teeth,the grinding function is performed by their gizzards. The gizzards uses grit as a grinding agent, which may simply be pebbles and other small stones. The grit gradually gets ground up along with the grain so it must be continuously renewed. � • Greens: Chickens love fresh greens, salad scraps,weeds and surplus or overripe fruit and vegetables from the garden. These are an important part of feeding program for a backyard flock. Not only will it help � keep down your feed bill, but it adds variety and needed vitamins and nutrients to their diet. When you feed scraps, sort out anything that has begun to rot as it might make the chickens sick. HOW MUCH AND HOW OFTEN TO FEED An average bantam in confinement may consume 40 to 50 pounds of feed annually,while a larger breed may consume twice that amount. Chickens won't eat more then they need, so they should be allowed to eat as much as they want. Although feed should be continuously available, it is wise to feed them each day rather then put a lot of feed out every few days. Feeding troughs are more sanitary and economical then just throwing feed on the ground. Once a week you should clean out the feed troughs and dispose of any residue to help keep the feed fresh. :�;• � WATER � Fresh water must be available to the chickens at all times. This cannot be overemphasized. They must have clean water with their feed to be able to digest it properly. A chicken is more than 50% water. A'large chicken will drink from one to two cups of water a day, depending on the weather. Chickens cannot drink much at one time, so they must drink often. Puddles of stagnant water from rain or leaky waters are a breeding ground for hannful bacteria and other disease-causing organisms, and also tend to become fouled by the chickens' 5 1 , excrement. Even if fresh water is available,puddles should be eliminated so the chickens do not have access to them for this reason. NOISE � If you are going to be keeping any roosters, you should know that it is a myth that they only crow at sunup. The truth is they crow anytime they feel like it, sometimes even at night. If complaints are received, your permit could be revoked. . PREDATOR PROTECTION � You must provide protection from predators; raccoons, fox, mink and skunks all lilce chickens. Raccoons can open latches and reach through screens. RESOURCES Gail Damerow, Your Chickens:A Kid's Guide to Raising and Showing. Barbara Kilarski,Keeping Chickens! Tending Small Flocks in Cities, Suburbs and Other Small Spaces. Andy Lee, Chicken Tractor, the Gardener's Guide to Happy Hens and Healthy Soil. - Leonard S. Mercia,Raising Poultry the Modern Way. Jay Rossier,Living with Chickens. . ' Sue Weaver, Chickens, Tending a Small Scale Flockfor Pleasure and Profit, Hobby Farms Book Series. Raising PoztltYy Magazine Backyardpoultrymag.com INTERNET SOURCES . www.albc-usa.or�_ The American Livestock Breeds conservancy provides information on heritage breeds of , poultry. www.featherside.com A great place to research all breeds of poultry. MPR's All Things Considered on urban chickens in the Twin Cities (with audio recording of the original broadcast) http://minnesota.publicaradio.org/displav/web/2007/06/18chikencoops/?rssource=l (Ord. 11-06-01,passed 6-16-11) . Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only.These documents should not be relied upon as the definitive authority for local legislation.Additionally,the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy.The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. Forfiurther information regarding the official version of any of this Code of Ordinances or other documents posted on this site,please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. O 2011 American Legal Publishing Corporation techsupport(a�amleqal.com 1.800.445.5588. 6 �iry or �oiaen v aiiey, N11v: Kaising c:riicKens ln(iolcten V alley'! Lity �tudies Yossibillties Yage l ot L ' 'D"I YOU ARE HERE: Home > News & Events > News Archive > Raising Chickens In Golden Valley? City Studies � Possibilities ' Raising Chickens In Golden Valley� City Studies Possibilities � POSTED 04-27-2012 ' Should Golden Valley make it possible for residents to keep chickens on their property? That's the question the City's Environmental Commission will be looking into over the next six to 12 months. Currently, Section 10.3Z of the Golden Valley City Code prohibits residents from keeping, transporting, and housing animals and fowl or treating them in a cruel or inhumane manner. � At its April 17, 2012 meeting, the City Council directed the Environmental Commission to study the City's current ordinance and make recommendation as to whether or not it should be amended and, if so, what amendments should be considered. As part of the study, the Commission will: consult with professionals (Animal Humane Society, Chicken Run Rescue, etc) regarding chickens on private property in urban environments review similar ordinances for adjacent and other Twin Cities' metropolitan cities discuss issues and concerns relevant to the topic with code enforcement and police staff for Golden Valley and for adjacent or metropolitan cities � discuss relevant land use issues with Golden Valley's Planning staff and Planning Commission discuss potential impacts on the environment and other wildlife (coyotes, raccoons, etc) with nature and wildlife professionals talk to legal counsel about issues related to neighbors' consent on fowl keeping conduct self-directed, independent information- and fact-finding efforts as needed account for diverse views on the topic � The Environmental Commission's final report will detail all considerations related to chickens on private property, including data and information collected from all the research and interviews conducted, arranged by topic. The report will also include a summary of pros and cons of allowing chickens on private property in Golden Valley and a recommendation to the City Council. - Public Input On online feedback form is available for Golden Valley residents who wish to provide input about the issue of raising chickens in Golden Valley. The Environmental Commission will consider comments from completed feedback forms when studying the issue., and all feedback will become part of the public record and final report. This entry posted in � Communitv Send your comments using this feedback form. http://www.goldenvalleymn.gov/newsarchive/index.php/2012/04/27/raising-chickens-in-gol... 7/6/2012 ; �nver Urove tieignts Louncii lieoates urnan Lnicxen uramance -inver�rrove neignts, ... rage i oi 1 ` � *� �-�- . . ..'�r";;.�.... . ,,.,�,. � . 4 . .�., �Ir�y j �s �+. �u 4 f I f•Y ,..� � I.�,CL, �� ,.. � . .a�.�:;::�...�.a:.:;��.�.�:.,`= "�,;&� onrrno r,,;�;; �, � Edito�JeR Roberts icH.robertsl�patch.com � Patch Newsletter Nearbv I�in i n I InVerGroveHeights��f� �� 88° . Home I News � Events ( Directorv � Commute i Pfcs&Clias � More Stuff i 0. 1 f ! Update: Like Inver Grove Heiqhts on Facebook and follow us on Twitter(calnverGrovePatch» Govemment Inver Grove Heights Council Debates Urban Chicken Ordinance Should the city allow residents to raise chickens in urban areas?ThaPs the question facing ' members of the Inver Grove Heights City Council. �`'L� By David Henke Email the author September 28,2011 „ �� Email Print 40 Comments ,� ,� � .,�„� Related Topics:Citv Council and Urban chickens ' �`+Y'{r `,�'�'�� `�� ; Should Inver Grove Heights community members be allowed to raise chickens in residential . ,, �•�' �� neighborhoods?Tell us in the comments. .��;•�r . �M�'� ..�e�;'� "`�, . . - �� . � :�,ti' '6 I I�I . " . �^-•._ �a_ . J ... Does a coopful of chickens in an urban area constitute a public nuisance? That was the question at the core of a debate between members of the Inver Grove Heiafits Citv Council on Monday night,as they considered a new orcJinance allowing local residents.to raise chickens within residential neighborhoods in the city. Citv rec�ulations currently prohibits residents from raising chickens—and other farm or non-domestic animals—in districts that are not zoned for agricultural use.But at least one council member,Rosemary Piekarski Krech,believes the city should ease its regulations to permit backyard chicken coops.On Monday,the council directed city staff to create a formal draft of the proposed ordinance,which will likely retum to the council for approval later this year. During the work session,Councilor Bill Klein strongly opposed the proposed ordinance,saying the smell and noise of a chicken coop in residential neighborhoods would create a public nuisance and lead to an enforcement headache for the city.Chicken coops,he added,may draw other predators, like foxes and coyotes,deeper into the city,causing more problems for homeowners. - °If you want chickens,move to a rural area,"Klein said."There's nothing thaYs gang to move me to vote for it." But Piekarski Krech,who lives in an agricultural area and raises her own flock of chickens,believes that,with the advent of the sustainable food mo4ement and the desire to eat locally,more and more people are interested in urban chidcens. "With two or three hens,you can supply your whole family with eggs,"Piekarski Krech said.'I think iYs what people are doing,and it makes sense to me.° If the ordinance is crafted correcUy,Piekarski Krech added,the potential for a public nuisance would be minimized. Any ordinance permltting chickens in a residential area should prohibit roosters—which produce a lot of noise—limit the number of chickens a resident can raise and require a minimum setback distance from other properties,City Planner Allan Hunting wrote in a memo provided to the council. If the city were to draft an ordinance,Hunting added,it should require residents to confine iheir chickens in a coop at all times,allow coops only in the • back yard of homes and require owners to apply for some kind of city-issued pertnit http://invergroveheights.patch.com/articles/inver-grove-heights-council-debates-urban-chick... 7/6/2012 � �: � �� . o� nAinnetrista - Chapter 12 - Public Safety Farm animals mean those animals commonly associated with a farm or performing � work in an agricultural setting. Unless otherwise defined, such animals shall include � members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable. 1110.09. Farm animals. � Subdivision 1. Requirements. Farm animals may only be kept in A or AP zonina districts, or on a residential lot of at least ten acres in size provided that farm animals on said residential lots are not sheltered within 300 feet of an adjoining piece of property. Subd. 2. Exception. �:. An exception shall be made to this subsection for those animals brought into the city as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. 1110.17. Nuisances. Subd. 4. Animal noise. No person owning, operating, having charge of, or occupying, any building or premises� keep or allow to be kept any animal which, by any noise, unreasonably disturbs the peace and quiet of any person in the vicinity. The phrase "unreasonably disturbs the peace" includes, but is not limited to the creation of any noise by any animal_ a that can be heard by any person (which may include members of the ci� public safetv department) from�a loc�tion outside of the building or • premises where the animal is being kepti b) where the animal noise occurs repeatedly or where the animal noise would be found to be excessive and unreasonable bv a aerson of ordinarv � sensibilities: and . �''`t�� (c) where the animal noise would be found to be out of character for the zonina ��'}� status of that propertv. . ,. Page 1 of 1 �c�-� D��Zi'c��N et;� c�� g p,�t.c��4r�r�-� c�^� 925.115. Farm Animals. CNo�'/N �oN�N� �ap�' .�� 1. A person who keeps or allows the keeping of a farm animal on property in the city must comply with the following: � � a. The parcel of property where a large farm animal is kept must be at least one acre in size,not counting wetlands and undeveloped land not usable for pasture. The parcel of properry where a small fann animal is kept may be smaller than one-half acre,but the number of small fann animals allowed must be reduced proportionally, rounded down to the nearest whole number. When determining the size of the property under this paragraph, and paragraph b below, only one parcel of land can be included. Parcels of land cannot be combined to meet the minimum axea unless those parcels are already combined under one properly identification number. � b. The maximum number of farm animals allowed are: category � number . large farm animals over six months in age one per acre sma11 farm animals over six months, except fowl five per half acre � small farm animals that are fowl of any age five per half acre c. A farm animal must not be kept or maintained on a regular basis on the front yard of the property, as defined by the zoning ordinance. d. A farm animal that is kept outside must be provided a shelter structure of appropriate size,that is accessible to the animal at all tunes. The shelter structure may not be located closer to the boundary line of adjacent occupied property than it is to the principal structure on the animal owner's property,but not less than 10 feet. e. The farm animal must be contained on the property by the use of a fence or other appropriate device. � : f. Crowing roosters are not allowed if the crowing can be heard of£the property of the owiier. g. A farm animal must not be kept on residentially-zoned property if it is being used as part of a commercial purpose, whether or not the commercial use occurs on the residentially-zoned property. - This provision does not apply to a property that is being used for agricultural purposes and that qualifies for the agricultural property tax classification established in Minn. Stat. § 273.11. h. The ground or floor of the area where a farm animal is kept must be covered with vegetation, concrete, or other surface approved by the Minnetonka health authority, so that it can be, and is, � sufficiently maintained to adequately dissipate offensive odors, in compliance with section 925.080(2) ?�"'_° (a) and (c). http://www.amlegal.com/nxt/gateway.dll/Minnesota/minneton/chapter9publicsafety?f=tem... 6/26/2012 � � ✓ r� Ptymouth City Code 915.01 � Section 915 � Ani ma! Control 915.01. Definitions. Subdivision 1. For purposes of this Section,the terms defined herein have the meanings given them. Subd. 2. "Owner" means any person owning, keeping,harboring or having custody of a • dog or other animal within the City. Subd. 3. "Public nuisance animal"means any animal to which any of the£ollowing conditions apply: A. Animals that are found on any property against the wishes of the owner of the property; B. An animal that damages the property of anyone other than its owner; ,. . C. Animals that are dangerous animals; D. Animals that cause unsanitary conditions of enclosures or surroundings as determined by the county health officer; � E. Animals that are diseased animals dangerous to human health; � F. Animals that bark excessively or make prolonged and disturbing noises interfering with the peace and quietude of the neighboring property; or G. Animals that have been determined to be strays. Subd. 4. "Stray" (used as a noun) means any unidentified and unattended animal which appears to not have an owner. (Ord. 2009-18, 11/10/2009) Subd. 5 "Unprovoked"means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. Subd. 6. "Unreasonably clisturb the.peace and quiet"shall mean generally,.but is not limited to,the creation of any noise by any Animal which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the building or premises where the Animal is being kept and which animal noise occurs repeatedly over at:least a five-minute period of time with one minute or less 1apse of time between each animat noise ,#i3� during the five—minute period. 915.03. Dutv of Animal Owners to be Responsible Owners. It shall be the duty of every owner of any animal, or anyone having any animal in his or her possession or custody,to . exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might result from his or her animal's s Nl�nnesota Cities Chicken Ordinances and Rules Yage 1 ot 1 s-�� cN � 8 � I� � �� ..s- "Some Maplewood residents have been raising chickens in their back yards for years,but starting in August they can do it without breaking the law. The City Council passed an ordinance last week that legalizes the practice and adds the east metro suburb to the growing number of Twin Citles communities that allow urban agriculture. • ' "It is a trend that some people are into,"said City Council Member John Nephew,who voted in favor of the ordinance."For people,it's a hobby or educational tool to teach kids where eggs come from.It's a flne thing for the very small number of people who are doing that,and we should not stand in the way." The ordinance wfil require anybody reising chickens to pay$75 to the ciry for a Iicense and$50 to renew each year. Residents will be able to have as many as 10 hens--but no roosters--in a back-or side-yard coop that is at least 5 feet from any property Iine,and chickens must wear a leg band wlth the owner's name and phone number. The ordinance,passed on a 4-1 vote,aiso requires unanimous approval from owners of adJacent properties." It also requires that food be stored in rodent-proof containers and prohiblts beheading within city Ilmits. 'They will have to cross the road to klll it,"said City Manager]im Antonen,who said the clty will inspect coops to be sure they are In compliance. Maplewood jolns communities such as Shoreview,Oakdale,Rosemount,Minneapolis,St.Paul and Burnsville,which also allow chickens.Whlte Bear Wke considered a chicken ordinance,but voted against it. Antonen said the issue over chickens has been debated in Maplewood for more than two years after a few citizens approached the city's Environmental and Natural Resources Commissian,which studied and recommended the ordinance. Nephew said it will give the city some leverage In dealing with complaints. Police Chief Davld Thomalla said there Is no way of knowing how many undocumented chickens there are In the city,but that his departrnent getr occaslonal complalnts. • , That includes strey chlckens.The c(ty currently pays$42 for any animal--chicken or other--It brings to the Hlllcrest Boarding facility,plus$18 a day.It also pays an animal controi officer$82 per call plus$38 an hour. The leg bands will ailow the city to Identify the owner and require the owner to reimburse the city for any fees associated with . containing strays,said Shann Finwall,the clty's environmental planner. Not everybody is enthusiastic about the ordinance change. , "I don't Ilke that you are going to have chickens In Maplewood,"said Shirley Taugner,a 52-year Maplewood resident whose nelghbors have chickens in violatlon of the law."They are dirty and they poop and do their stuff all over." But that is reason for the ordinance,sa(d council Member]ames Llanas. 'There needs to be rules regulating how chickens are treated,and for nelghbors to be respectful,"he said. •;z . . , http://www.backyardchickens.com/t/540565/minnesota-cities-chicken-ordinances-and-rules 7/6/2012 � , ' � � List of Minnesota Cities with Chicken Laws from thecitychicken.com Apple Valley, MN. The City Code states that only domestic animals commonly referred to as "house pets" may be kept in those zoning districts zoned for residential uses. This means the City does not allow, either as a permitted use or as a conditional use,the keeping of chickens at single family residences. The keeping of chickens is considered an agricultural pursuit and is permitted only in those areas zoned for agricultural uses. _ Blaine, MN, Domestic farm animals, including cattle, horses, sheep, goats and chickens are only permitted in Agricultural (AG) and Farm Residential (FR)zoning districts. Buffalo, MN. Chickens are not allowed within city limits. • Burnsville, MN. The City Code was changed in 2009-to read: No more than 4 chickens shall be maintained at any one residence or premises. Hen chickens may be kept within the residential district. The keeping of roosters is prohibited. � Edina, MN. Chickens not allowed. � Elk River, MN. Elk River defines an `animal' as a dog, cat, or other animal which is harbored, � fed, or kept by any person. No dog, cat, or other anirnal shall be allowed by its owner to run at large. Little Falls, MN. Has an ordinance that does not allow chickens to live in town. (As of 2010.) � The Town was approached in 2010 to revise the Town ordinance to allow chickens, so get on- board with this agenda if you live in Little Falls, MN. Minneapolis, MN. Unlimited. Applicant needs consent from 80 percent of neighbors within 100 feet of real estate. Chickens must b.e penned. Plymouth, MN. The City of Plymouth does not allow chickens in residential zoning districts. Rosemount, MN. You can have up to 3 hens, no roosters. You must get written permission from a11 the neighbors whose yards border yours. You must keep them in a coop between 12 and 24 inches above ground and the legs of the coop must be sunk in cement footers. And there is a $25 annual fee to keep chickens. . Roseville,MN. See City Code section 407.02: G. Keeping of Farm Animals: The keeping of cows,horses, sheep, goats or any four-legged animal commonly known as farm animals, OTHER THAN those commonly called poultry, in any pasture, stable or any enclosure within 300 feet or less of any other lot in any residence district. (Ord. 629, 9-28-70) St. Paul, MN. Can have one chicken without a permit, but more than one you have to get permission from 75% of neighbors 150 ft. around, or proof you have no neighbors for 150 feet. No roosters, and no selling eggs without a permit. St. Francis, MN. No fowl may be kept on a parcel of real estate smaller in area than five acres, � except for the keeping of pigeons and doves. . • , � "�CJ Shoreview, MN • Chicken Licenses Chickens may be kept within the City limits on residentiai properties located in the RE, Residential Estate Zoning District and the R1, Detached Residential District, subject to the following conditions: On residential properties less than 2 acres in size can have a maximum of (4) hen chickens or pullets. Roosters are prohibited. On residential properties more than 2 acres, may need a conditional use permit for more than (4) hen chickens or pullets. Roosters may be permitted. The butchering of chickens is prohibited Chickens shall be fully contained on the property at all times through the use of fencing. Shelters must comply with all requirements of the Development Code. . � Food materials are stored outside shall be in closed containers with lids All contaiment areas and shelters shall be maintained in a clean, sanitary, and odor free environment and shall be free from the presence of rodents or vermin at all times. Chickens shall not be raised or kept for fighting. Cockfighting is prohibited. License: No person shall keep, maintain or breed chickens on property located in Shoreview unless a license is obtained pursuant the provisions of the City Code, Chapter 600. Licenses are valid for 2 years, and the license fee is $19. Chicken License Application -� Contact Information For more information, please call 651.490.4600. ♦ ' � �� • "�� - 24 CONNtemplations [Vol.44:1 � �....,,--nn*r^�rsi-r+��,��,-•n.e-ww„'i�rr-� ;�. 5,�-C',�'-+-1°".t?e'��:`.,^';'' t7n � �r•�n�-�r +'�c—i;�^�mr'i^y•.+��i�..:),�.��. �MINNESOTA,k;4"` �s �' � ;�; ��dr �,� ? ,�„Y "� k y,�' ,„,,i x,� .� ____._,.,.... . .a'.,�.k-�s7'�"�,:..:«..,.,s.FS.�:.wwo,...,.,.:.+5;::�'u''.vu�+.c..:::." ..�:.'m:.c#a. .sY15:C.�.Ynn...��«'�irL��2su'�� 30. _Fergcrs Falls . Fergus Falls banned chickens from residential neighborhoods unless lots were at least ten acres and unless any shelters were at least three hundred feet from the property line.10 In July 2009, the city council revised its animal regulations to provide for no . more than twelve chicken permits annually; chicken permits were to be obtained by the animal control office, and allowed up to four hens,�provided the applicant satisfied numerous, onerous requirements.11 One resident complained that the council spent more time on the chicken ordinance than they did on a four million dollar appropriation for a hockey arena for which there was resident opposition.l�Z The chicken ordinance was reportedly based on Duluth's chicken law.13 3]. Mankato ""' After lobbying and battling for nearly two years over a proposed � backyard chicken ordinance to replace a ban, the Mankato City Council passed an onerous two-year pilot project that provides for the allocation of three chicken permits per year.174 The preceding year, a proposed ordinance to legalize backyard chickens was voted down four-to-three.175 After reportedly spending fifteen hours of staff time to research twenty Minnesota cities and write the ordinance amendment, the council reintroduced the proposal with key compromises on the permitting process and neighbor consent requirement.176 In the context of inflamed emotion and impassioned debate, the proposed amendment passed five-to-two in June 2010."' At one point, in voting against a public meeting to discuss the amendment, the mayor stated: "There's a lot of anger around this issue for some reason. More so than the war by far. I don't 170 F&RGUS Fnia.s,MwtJ.,Cr['Y ConE§§6.21(A)(b),(D)(2009)(amended by OxDUaa.taCS 119, July 2009). �'�FERGUS Fru.ts,MPrrr.,OxnIDIrwCE No. 108(July 2009)(codified at FERGUS F�u.ts,Mirrx. CrrY CoDE§6.35,repealed by FEttGUS Fn1.LS,MtNt�.,Oltutxnt�CE I 19(Apr.2010)). 'n Lauren Radomski,Arena Protesters Take to Ainvaves,FERGUS FA[.LS DAILY J.,Oct.22,2009. "'Brandon Stahl,Fergur Fa/Is and Duluth,Connected 6y Chickens,Din,u'rx N�vs'I7tis.BLOGS (July 7,2009). • ""Moxxatro, MnvN., CITY CODE § 9.6 (2010); Dan Linehan, Monkato Counci! Approves Chrcken Ordinance:I!'s a Test Run for Two Years,FttEE PRFSS,June 14,2010. 175 Dan Linehan,Chicken Permits Go to Council Test Monday,FREE PRESS,May 8,2010. � i�b Id ��'Linehan,supra note 174. � � � � 2012] DEBATING OVER BACKYARD CHlCKENS 25 think it would be a healthy discussion.""8 Ultimately, the unanimous neighbor-consent requirement proved unwieldy for potential chicken owners, and of only four permit applications ' picked up from the city, none had been returned a month after the council approved the three-permit test run.179 Four months after the controversial chicken-law vote, one incumbent councilmember referred to the issue as "more noise than substance."180 32. St.Pau[ Under Section 198.02 of the city code, no person shall kee� more than one chicken on his premises without a permit.� � Applicants for a permit must provide the written consent of at least seventy-five percent of the owners or occupants of �;,... privately or publicly owned real estate within one hundred fifly •� feet of the outer boundaries of the premises for which the permit . ` is being requested.182 Lobbying of backyard chicken groups and blatant disobedience � persuaded several councilors to draft a proposed amendment to the city code to allow up three hens and to forgo the permit � requirement.183 In October 2009, the city council rejected the proposed , amendment in a four-to-three vote, but it did reduce the permit fee.�sa 17e Dan Linehan, Lols of Gucking About Chickens at Council Meeting, FREE PRESS, May 10, 2010. 179 Dan Linehan,Chicken Permits Slow to Take Flight,Ftt�PxESS,Aug.14,2010. 160 Dan Linehan,Ward 5 Race a Battle over Mankaro's Srex•ardship,FREE PxESS,Oct.27,2010. 1e�ST.PAUL,MINN.,Cmt CoDS§198.02(2009). �gZ/d.§198.04. 183 Patrick B.Anderson,A Chicken in Every Yard?,ST.PAUL PIONEER PRESS,Oct. 14,2009,at B 1;Patrick B.Anderson,A Few Feathers Plucked from Chicken Ordinance,ST.PAUL PIONEER PRESS, Oct. 15,2009,at B2;Chris Havens,Chickens May Come Home to Roost in St.Paul,S'rnx TxtsuNE, Aug. 16,2009,at 1B. � � '�'St. Paul City Council Meeting Minutes, Oct. 14, 2009, at 6; see also Mderson, A Few . 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PC Exhibit D REVISED ' Wade and Laura Shatzer 3685 Watertown Road Orono,MN 55359 � 952-473-9045/952-210-7597 August 4, 2012 Dear Mr. Gaffron, � While you were out on vacation, I'm sure you are aware that the planning commission held their work session on August lst. Ms. Curtis kindly invited me to attend the meeting to listen and observe. I did my best to be quiet and listen but it was very difficult as I could see that no one,with the exception of Melanie,was very familiar with the case and the many documents the both of us had provided-this may not have been the case... but just my observation. At the meeting I asked for permission to speak. No one objected. In retrospect, I probably should have kept my mouth shut. As you know, from my original letter and phone calls,this has been a very difficult situation for both my husband and,myself last year and now again this year. Just again this morning my husband went .-� :, out to have coffee on our deck and was bombarded by the sounds of roosters crowing continuously. ``' We feel that it is unreasonable and ruins the peaceful setting of our property-why we moved here in � the first place. � Recently I learned that another neighbor(to the west of the neighbor with the roosters) completely agrees that the roosters are loud and obnoxious—he calls it noise pollution. However,he would like to remain anonymous and not be involved since he lives right next door. He did share with me that the chickens would come onto his deck last year and "crap all over" as he put it. He also shared this with Officer Barnes. The neighbor with the roosters moved the coup from his side of her yard to the Butterfield's side of her yard(east side). The coup is at most 10 feet from their property line and I believe it is to be 75 . feet from any property line. I doubt she has over 150 feet between the two property lines to be in accordance with the current ordinance zoning code 78—419. • We are exhausted with dealing with this issue(as is Officer Barnes most likely). We hope and pray for a reasonable resolution from the City of Orono now and to help prevent a situation like this from occurring again in the future with a clearer chicken/rooster ordinance. We are not asking that Orono change from a rural community,but rather implement some common sense standards regarding the number of chickens allowed and prohibit roosters like many communities do (most recently Shorewood-I recently talked to Paul Neilsen,planning director—he says to say"hi"). It should never be okay,rural community or not,to continuously annoy your neighbors breaking noise ordinance 62-10—at this point it is feeling like harassment. � } The problem with our current chicken(fowl) ordinance/regulations is that anyone who owns several acres could potentially have hundreds of chickens and/or roosters which would put them into the chicken production business. They would have hundreds of eggs a day/week to deal with andlor chickens that would need to be butchered for meat... no single household would need this many chickens/roosters—per a discussion with Mr.Nielsen,planning director of Shorewood. . ' . • .� �. _�c. Allowing a single resident to own this many chickens (fowl) opens up a whole new set of concerns of sanitation waste run off,public health concerns, odors,noise and business regulations... Most people would never go down this road for several reasons and one being they are aware that this ' many chickens is costly to raise,time consuming and unnecessary and that roosters are loud.and can be a serious noise issue for their neighbors. � Without proper guidelines and regulations we run the risk of someone owning several chickens and roosters as is the case with our neighbor. The problem with roosters is even one or two can be too � many as they crow very loudly and can be heard for several blocks away—even piercing the walls of homes. They also crow all through out the day. The most reasonable solution, out of respect for the ' community, we believe is to prohibit roosters and put a reasonable limit on the number of chicken/fowl that can be owned. What if every household decided they wanted to go into the business of raising chickens and produced several roosters too. Do we want to be known as this kind of community—where someone's right to own a noisy rooster is more important that someone's right to enjoy the peacefulness and quietness of their property/community? We understand that there is a public hearing on this topic being held on Tuesday August 20�'. We � are pleased and thankful that the city is willing to open tliis topic up for discussion and consider making changes. Unfortunately, however, our family is scheduled to take our one and only family� vacation to a cabin in Wisconsin for the week. We are in a tight spot,with the hearing and our only family vacation being scheduled the same week. Since we have been dealing with this issue a11 summer, which has been very time consuming and stressful, -not including all we dealt with last year as well... we really feel strongly that we need a break to get away and have some peace and quiet and relax. We would like to ask,if at all possible, if the public hearing could be delayed a couple of weeks so that we would have the opportunity to participate since we brought the issue to the city in the first place. We realize this is a lot to ask considering all that has taken place,but it is the only family vacation we have planned for the summer. If rescheduling the hearing is not an option,would it be possible for us to prepare a statement and have someone read it for us? We also have a video recording we would like to play. Will the Orono City Council be present as well? Whatever you can do to help us with this case and possibly move the public hearing to another week . would be greatly appreciated! We know that we are asking a lot here and would like to thank you, Ms. Curtis, Ms. Loftus,Mr. Barnes,Mr. Mattick and Mr. Potts for your willingness to address our concerns and help. Please feel free to share this letter with all named parties above, the Orono City Council, Planning Commissioners and any others you think appropriate. Thank you and we look forward to hearing your comments and responses to this letter. Sincerely, Wade and Laura Shatzer cc: Melanie Curtis � K�, ---.._ ��4£. r7f;�_� __„_ .��. � A k�� -- �i�.,�� ..�� __' .'__'_'__'. '__'-'__' -.___._'_'_____'._-____'__- .'_'_'_"_-_' _ , . £ __'— __ _".__'__-.- ' _ 2-O F`r,in� Z��," � Zrf�e''' ��" Z.p4..,•, I ' ,�� -- -- ---- ----------- I-- _. .I U�O ---.._y 2 �— ._ ��~ _z,�. -�---I o`z�' --— ---=l` �� --- --..._ �- -- 10'-0" _ � 4�'��'F I � —� � ��y�' 1 f.�ti�5 fK�P."�Sv�"1 7Y�.�s0�1. I � smoRg �24xL9 2yxZ9 �.F 5 � � ? �'� ' I I . 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