Loading...
HomeMy WebLinkAboutRe: illegal farm animals • C417:1) °-1.- 0 CITY of ORONO ?:, Municipal Offices A k3 Street Address: Mailing Address: IA ��'�� ( �A. 2750 Kelley Parkway P.O. Box 66 .4 , ,)- + Orono,MN 55356 Crystal Bay,MN 55323-0066 ESH 27 September 2011 SENT VIA U.S. CERTIFIED MAIL NO.: 7007 0220 0000 1987 7697 KABAR II LLC Kathleen Bryan 4017 North Shore Drive Wayzata, MN 55391 RE: Illegal Farm Animals 4017 North Shore Drive It has come to the City's attention that chickens (farm animals) are being housed on your property. City Code Section 78-328(4)(b) regulates the keeping of farm animals. The keeping of farm animals is a conditional use and in order to keep farm animals within the LR-1B zoning district the property must M contain at least one acre for the dwelling and one acre for each animal unit, a total of two acres minimum. Your property is located within the LR-1B zoning district and according to Hennepin County is .65 of an acre in size. Your property does not meet the minimum requirements for the keeping of farm animals and you must discontinue upon receipt of this notice. This letter is your official notification that all farm animals must be removed before Wednesday, October 5, 2011. An inspection will be conducted on or about October 5, 2011 to verify compliance with this notice. Should you have any further questions I can be reached at 952.249.4627 or by email at mcurtis@ci.orono.mn.us. In the future, please do not hesitate to contact me with zoning related questions or questions about your property. Thank you for your cooperation. Sincerely, CITY OF ORONO U/661/10teea Melanie Curtis Planning &Zoning Coordinator c US Mail Telephone(952)249-4600 •Fax(952)249-4616 www.ci.orono.nm.us U.S. Postal Service Iti CERTIFIED MAIL;, RECEIPT ;:r (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.comt, r,- OFFICIAL LLS E 19711 Postage $ • yyj�AL O Certified Fee Return Receipt Fee Postmark c3 (Endorsement Required) 2,3('j sEp 28/011 Restricted Delivery Fee p (Endorsement Required) ru ru Total Postage&Fees $ 5� �' �� '°s 553 ir Sent To C:1 Omit. I I LI—Cal Ka-lhlun 2�.A1'1 of` osrFoteet, o � North shore, -" Ste k2 1-0. rANJ 5530i I PS Form 3800 August 2006 See Reverse for Instructions ID - 3 . 11 1s..13r\jan Cates -to (e,Forf SIS IVO i("0 ciC oma. Kir popzrlyq r UU.L1- +4_ tvo.puli canes. 4017 North Shore Drive 27 September 2011 Page 2 of 3 Sec. 78-328. Conditional uses. Within any LR-1 B one-family lakeshore residential district, no structure or land shall be used for the following uses except by conditional use permit: (1) Crop farms, provided that: a. The area is ten or more acres. b. There are no dwellings on the land, except for one for the property owner or the operator of the farm. c. There are no accessory buildings or structures on the land other than those allowed for a residential use. (2) 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. (3) 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. (4) The 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. c. Any building or structure associated with the animals is located more than 150 feet from the nearest adjacent residence and at least 75 feet from the nearest lot line. d. The use is operated in compliance with Chapter 62, Animals. (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. • 4017 North Shore Drive 27 September 2011 Page 3 of 3 (8) 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. c. 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: 1. 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. (9) 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. c. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is: 1. 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; c. 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 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. c. 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), 10.24(3); 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, §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) Editors Note: 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 References: State mandated permitted uses, Minn. Stat. §462.357, subd. 7.