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HomeMy WebLinkAboutAugust 08, 2024 BOAA PacketShakopee Board of Adjustments and Appeals August 8, 2024 7:00 PM City Hall, 485 Gorman St. 1. Roll Call 2. Approval of Agenda 3. Call for Notarized Affidavits, Proof of Neighborhood Meeting and Sign in Sheet for appropriate Public Hearings 4. Recognition by Board of Adjustment and Appeals of Interested Citizens 5 Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Chair there will be an opportunity for members of the BOAA to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) 5.A. Meeting Minutes of July 11, 2024 6. General Business 6.A. PUBLIC HEARING - Conditional Use Permit for Vehicle Service/Repair and Exterior Storage at 1500 Maras Street 6.B. PUBLIC HEARING - Variance request to fence material requirements and an overheight fence in the front yard for ducks/geese in the Rural Residential (RR) zoning district at 1396 Blue Heron Trail 6.C. PUBLIC HEARING - Setback Variance of ISTS from Bluff Impact Zone 7. Other Business 8. Adjourn to Thursday, September 5, 2024 at 7:00 p.m. If a commissioner has any comments, concerns or questions, he or she should contract the staff project manager prior to the scheduled meeting date. Also, if a commissioner is unable to attend the meeting for any reason, please call the Department of Planning and Development at 952-233-9300 as soon as possible. Thank you! Page 1 of 76 5.A. Shakopee Board of Adjustments and Appeals August 8, 2024 FROM: Lori J. Hensen, City Clerk TO: President and Commission Members Subject: BOAA meeting minutes of July 11, 2024. Policy/Action Requested: Approve the meeting minutes of July 11, 2024. Recommendation: Approve the meeting minutes of July 11, 2024. Discussion: ATTACHMENTS: a July 11, 2024 Page 2 of 76 City of Shakopee Board of Adjustment and Appeals Meeting July 11, 2024 7:00 PM City Hall, 485 Gorman St 1. Roll Call: Present Commissioners: Schleck, Sandhu, Forsythe, Ranua, Sepulvado (Chair), Staff Kerski 2. Approval of Agenda Unanimous 3. Call for Notarized Affidavits, Proof of Neighborhood Meeting and Sign in Sheet for appropriate Public Hearings None 4. Recognition by Board of Adjustment and Appeals of Interested Citizens None 5. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Chair there will be an opportunity for members of the BOAAto remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) 6. General Business None 7. Other Business None 8. Move to Adjourn to Thursday, August 8, 2024 at 7:00 pm. Schleck moved to close, seconded by Forsythe, Unanimous. Meeting ended at 7:03PM Page 3 of 76 6.A. Shakopee Board of Adjustments and Appeals August 8, 2024 FROM: Amanda Schwabe, Planner TO: Board of Adjustment and Appeals Members Subject: PUBLIC HEARING - Conditional Use Permit for Vehicle Service/Repair and Exterior Storage at 1500 Maras Street Policy/Action Requested: Adopt Resolution PC2024-008, a resolution approving the proposed conditional use permit for vehicle service or repair and exterior storage at 1500 Maras Street. Recommendation: Adopt the resolution, as presented. Discussion: Applicant: Marie Paff, EJ Equipment Property Address: 1500 Maras Street Property Owner: Quiring Properties, LLC Lot Area: 2.15 acres Zoning: I-1, Light Industry 2040 Comp. Plan: Industrial Marie Paff, representing EJ Equipment, has applied for a Conditional Use Permit (CUP) for vehicle service/repair and exterior storage at 1500 Maras Street. The proposed vehicle service/repair operation with exterior storage is a Conditional Use in the Light Industry (I-1) zoning district and requires a CUP to operate. EJ Equipment is a private, woman -owned business specializing in maintenance services for commercial trucks and the wholesale of parts and equipment which operates three (3) facilities in Illinois and one (1) in Wisconsin. Their clientele mainly includes municipalities and commercial/industrial businesses with operating hours of Monday - Friday from 7 - 4:30 p.m. The applicant has entered into a long-term lease for approximately 1 acre of the 2.15 acre site and will utilize the existing building which includes office spaces, parts storage area Page 4 of 76 and six (6) service/maintenance bays. The site includes existing parking spaces for the proposed 7-10 employees on the east side of the building. Vehicles and equipment waiting to be serviced or pending delivery to the client will be parked to the west of the existing building behind the required screening (fence) for outside storage. A roofed enclosure is required to be constructed on the property to accommodate trash receptacles. Outdoor display or sales of vehicles will not occur at this facility. Utilities became available in Maras Street in 2023 following a city street reconstruction project. The property owner has a permit to install city services to the building which is anticipated to occur yet this year. As a result of the expenses associated with the utility connection work and a desire to have one (1) freeze/thaw cycle prior to completing paving work, the applicant is requesting a phased improvement plan for the required screening for the exterior storage, pavement for drive aisles and parking areas, and compliance with impervious surface requirements associated with the CUP. Typically, compliance with CUP conditions is required at the time of CUP approval and commencement of the use. Specifically, the applicant is requesting the following: Request 1 - Install paved property entrances by October 31, 2025. Staff Response: Staff is agreeable to an deadline of July 1, 2025 for paving provided a grading or building permit is obtained which includes a site survey by a licensed and registered surveyor in the state of MN showing existing and proposed conditions as well as existing and proposed impervious surface areas and totals. Request 2 - Install screening (fencing) for exterior storage by October 31, 2026. Staff Response: Staff is agreeable to a delayed installation of the required screening (six (6) foot tall privacy fence) for the proposed EJ Equipment exterior storage area to a deadline of July 1, 2025. The area required to be screened will require approximately 500 feet of fencing, which is less than the proposed fenced -in area which includes the entire subject property and PID 279120260 (Approximately 1,200 feet). As a result, the required fence should be able to be installed more economically. Staff feels it is reasonable to install the fence after the paving is complete to prevent damage to the fence during pavement installation. Request 3 - Count the unimproved lot area (approximately 30,000 sq. ft.) of the property to the south (PID 279120260) to comply with the lot coverage/impervious surface area requirements (max 75% of the lot area) for the subject property. Staff Response: Staff is not agreeable to utilizing property that is under separate ownership for purposes of impervious surface calculations outside of a Planned Unit Development. Section 151.011 (Conditional Use Permits), Subd. A (Criteris for Granting Conditional Use Permits) states "In granting a conditional use permit, the Board of Adjustment and Appeals Page 5 of 76 shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the City as a whole." The Board of Adjustment and Appeals shall not grant a CUP without making certain findings which are listed below with staff findings. Criteria #1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Finding #1 The city has not received any evidence that the proposed vehicle service/repair and exterior storage for EJ Equipment will be injurious to the use and enjoyment of other property in the immediate vicinity, not would it substantially diminish or impair property values in the area, provided the use complies with the conditions of the resolution. Criteria #2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area. Finding #2 The conditional use permit should not impede future development and improvement in the area, provided the use complies with the conditions of the resolution. Criteria #3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided. Finding #3 The Board finds that adequate utilities, access, drainage and other necessary facilities have been or will be provided for the site, as conditioned in the resolution. Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use. Finding #4 The use of the subject property as proposed by EJ Equipment is consistent with the purposes of the Light Industry (I-1) zoning district. Criteria #5 The use is not in conflict with the Comprehensive Plan. Finding #5 The use as proposed is not in conflict with the Comprehensive Plan (Industrial). Staff reviewed the above criteria and have found that the proposal would meet the criteria provided the conditions of the draft resolution are met. City Engineering provided comments, with conditions of approval, that have been incorporated into the draft resolution should the BOAA approve the request. ATTACHMENTS: Resolution PC2024-008 Page 6 of 76 o Location Map o Engineering Memo • Site Plan • Applicant Narrative • Applicant Leased Area Exhibit • Applicant Floorplan • Applicant Proposed Improvements Exhibit Page 7 of 76 RESOLUTION PC2024-008 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW VEHICLE SERVICE/REPAIR AND EXTERIOR STORAGE AT 1500 MARAS STREET WHEREAS, Marie Paff of EJ Equipment, applicant, and Quiring Properties, LLC, property owner, have made application for a Conditional Use Permit (CUP) to allow a vehicle service/repair facility with exterior storage on property located at 1500 Maras Street; and WHEREAS, the property upon which the request is being made is legally described in Exhibit A; and WHEREAS, all required public notices regarding the public hearing for the application were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee did review this application on August 8, 2024, and adopted the following findings: Criteria #1 Finding #1 Criteria #2 Finding #2 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity; The City has not received any evidence that the proposed vehicle service/repair and exterior storage for EJ Equipment will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area, provided the use complies with the conditions of the resolution. The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; The conditional use peituit should not impede future development and improvement in the area, provided the use complies with the conditions of the resolution. Page 8 of 76 Criteria #3 Finding #3 Criteria #4 Finding #4 Criteria #5 Finding #5 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided; The Board finds that adequate utilities, access, drainage and other necessary facilities have been or will be provided for the site, as conditioned in the resolution. The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and The use of the subject property as proposed by EJ Equipment is consistent with the purposes of the Light Industry (I-1) zoning district. The use is not in conflict with the Comprehensive Plan. The uses are not in conflict with the Comprehensive Plan (Industrial). NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota that the requested CUP is hereby approved, subject to the following conditions: 1. Paving shall be installed and completed by July 1, 2025. A grading or building permit shall be obtained which includes a site survey by a licensed and registered surveyor in the state of MN showing existing and proposed conditions (trash enclosure location, parking lot striping, fencing, etc.) as well as existing and proposed impervious surface areas and totals. 2. Screening of the approved EJ Equipment exterior storage area and parking facilities in the front yard setback shall be installed per City Code requirements by July 1, 2025. A grading or building permit shall be obtained prior to installation. 3. All waste receptacles shall be stored within the building or within an approved accessory structure, consistent with City Code requirements (which includes being enclosed with a roof). A grading or building permit shall be obtained and the enclosure constructed upon issuance of the CUP. 4. Compliance with the Engineering Memo dated July 31, 2024. 5. Compliance with Scott County Hazardous Waste permitting and disposal requirements. 6. Unlicensed or inoperative vehicles shall not be stored for more than 7 days, except in approved and screened exterior storage areas. 7. All washing, repair, assembly, disassembly, or maintenance of vehicles or equipment shall be conducted within the principal building, except for minor maintenance such as tire inflation, adding oil, and wiper replacement. 8. No public address system shall be audible from any residential property. 9. Parking shall only occur on the approved paved areas within the property. 10. Sales of vehicles is not permitted by this conditional use permit. 11. Operation of equipment and tools shall be in compliance with the noise and exterior lighting ordinance standards set forth in the City Code, including in the situations when vehicles are dropped off late in the evenings due to emergency situations. 12. No business activities shall occur within the public right-of-way. This includes dropping off of vehicles for service, street parking/storage of vehicles for service, and business vehicles. 13. Sign permits are required for any business exterior signage. Page 9 of 76 14. Compliance with any other local, state, or federal requirements including but not limited to Shakopee Public Utilities. Adopted in regular session of the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, held on the 8th day of August, 2024. Chairperson, Board of Adjustment and Appeals ATTEST: Michael Kerski, Director of Planning and Development PREPARED BY: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Page 10 of 76 EXHIBIT A Tract A: The Southerly 191.81 feet of the Northerly 383.63 feet, as measured along the East and West lines of that part of the West Half of the East 6/7 of the East Half of the Southeast Quarter of Section 12, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the Southwest corner of Lot 4, Block 1, Maras Addition, said point being on the West line of said West Half of the East 6/7; thence on an assumed bearing of South 0 degrees 18 minutes 12 seconds East, along said West line, 767.25 feet; thence on a bearing of East, parallel with the South line of said Lot 4, a distance of 283.87 feet; thence North 0 degrees 18 minutes 26 seconds West, a distance of 767.25 feet to said South line; thence a bearing of West, along said South line, 283.82 feet to the point of beginning. Tract B: The Southerly 191.81 feet of the Northerly 575.44 feet, as measured along the East and West lines of that part of the West Half of the East 6/7 of the East Half of the Southeast Quarter of Section 12, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the Southwest corner of Lot 4, Block 1, Maras Addition, said point being on the West line of said West Half of the East 6/7; thence on an assumed bearing of South 0 degrees 18 minutes 12 seconds East, along said West Half of the East 6/7; a distance of 767.25 feet; thence on an assumed bearing of East, parallel with the South line of said Lot 4, a distance of 283.87 feet; thence North 0 degrees 18 minutes 26 seconds West a distance of 767.25 feet to said South line; thence on a bearing of West, along said South line, 283.25 feet, to the point of beginning. Page 11 of 76 1500 Maras Street ( 11 fy WV 5A Y1uii��o�mlm�uli�lo�uuuuo �uuuuuu i iuu i i uuu1°4VVI4111111Pm' I',p" p';nildl''ll vIIV!�;t„Imii � o pulp IIIIII� dNiiiiVIIIIIIIItl 4r III gItlullilluluM 'ul , Irouuuuuuum um um ili111111@„„„„„, llllllill �iuIllVddl l� omimuum4 III, TT N °„RAuIIIIIVululili 000001011111111100loon���� VIII01111110 PJIIIIII VJ umeu, m6, �IIuJ���jN;9"911111111 Illlllllllllllllj!L...o moi�uo ,„1101 I'I'IY�IIjIVlil„1000001111111 illyNI This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. Scott County is not responsible for any misuse. colt FOilet',:r 087€1/ 2024 1:2,257 0 30 60 120 180 240 Feet City of Shakopee Memorandum TO: Amanda Schwabe, Planner FROM: Darin Manning, Project Engineer SUBJECT: Conditional Use Permit —1500 Maras Street PID NO.: 27-912025-0 CASE NO.: USE -000226-2024 DATE: July 31, 2024 The application indicates a request for a conditional use permit to allow for heavy equipment and truck part sales, service and exterior storage. The Engineering Department has completed its review and offers the following comments at this time for the applicant and for the planning department: 1. The driveway shall be paved with bituminous or concrete between the proposed storage area west of the building to Maras Street. This must be completed by July 1, 2025. See comments on "EJ Equipment Site Plan Visual_V1_V1". 2. The applicant must submit and obtain approval of a Storm Water Management Plan (SWMP) for the additional impervious surface area proposed. The SWMP must adequately address requirements set forth in the City of Shakopee's Comprehensive Water Resources Management Plan. The applicant will be responsible to pay the Storm Water Management Plan Review Fee, as required by the most current City of Shakopee Fee Schedule. 3. Prior to any land disturbing activity, the applicant will obtain a grading or building permit. The grading or building permit submittal must include construction plans that satisfy the requirements of City Code section 150.12 and meet the impervious surface area requirements. 4. Approval of the CUP does not constitute approval of the submitted plans. Recommendation The Engineering Department recommends approval of the application subject to the conditions above being addressed/completed by the applicant. H:ABOAA-PCV2024V08-08\USE-000226 (CUP for Vehicle Repair & Ext Star) 1500 Maras Street VCUP (1500 Maras St) 07 31 24 Engineering Mento.docx Page 13 of 76 Proposed Improvements for CUP R4::•d Pr. posed II:::::erncling Purple: Pr,.p sed Fencing Black: Proposed Paving Pave this area too. All paving to be completed by July 1, 2025. This will allow for one freeze thaw cycle after utilities are installed this year. Parking spaces shall be striped per approved plan. Obtain a grading permit prior to paving. Grading permit shall comply with impervious surface percentage requirements. vb"linnllvlI.ICSvt1lVh rill k ' viv III ! ��;iiiii�iiii IIIIII I 1111111111111111111111111111111i1 9f1'wIV,��llli`�,llVlllull�VR��44'd�lVl�lu�,l,��'��9��n� , g0 III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II Page 14 of 76 1500 Maras Street Site Plan N Ilu�' IIIIIC YIiG f YIiIV� ill111111111 loll l l' 'liiiil 1'1III11' 1;S ml' n 111111111111111110111111111111111111111111111111 i i�l����"�',Illl��rrr���luuuuuuluu�� II II IIII�II�IIIIII II h I� �� ,I ;;IIIIIIIIIIIIIlI� Ii�i�iliIIIIYI"�I '�'ii°lip �����i"NI;p'uuN'MNvvvv,H'M'm'N�w��ll' NAT 'v. „ �I'II 4 iwawu a Imb �' ' AI A 1tioYn n lu „„,,JJ I �;II'IM """Y�INIfN" ti III V i��'II. II� �� IV�����IliVl' )liin II (slim lllllllll N vow dlQloygl(lN' Itll, m u IIII 1 "��,,,IIII ( II, liiufllllh,Q' ff«< �'(ffffl' uul I �i(ipll IiiUl dN � 'ii II Ir/ III ' IG IIP NA'� , if dI Ih IIII, 1!% INN�dll 6 Jiiiimiiiiiiiiiouuuuuuuuua'I'° I��u�ll Nhnilllll Jojiii,J FA,I till 111111 INI rq'I �Ilulu III IAA loh;ulllllllllllll, uuuuu0uu"'mllllllllll111111 uuuuuuuuupuuuuu 11111111 uuuuuum� NIIIIIIIIIIII�IIIII III IVuMIiuuMlilmi'llld This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. Scott County is not responsible for any misuse. 'V `O(V i FfdtiftM c7./2024 r /I EJ Equipment Leased Area South 1/2 of Subject Property Screening for Exterior Storage Area Trash Enclosure EJ Equipment Exterior Storage Area Area to be paved June 17, 2024 mom 1/30'"Aftg00 @I11U1 .. City of Shakopee 485 Gorman St. Shakopee, MN 55379 (925)233-9300 Re: Proposed Use of 1500 Maras, Shakopee MN 55379 To the Shakopee Development Committee: We are writing to report on the proposed use of 1500 Maras, Shakopee, MN 55379 Who We Are: EJ Equipment is a private, woman -owned business specializing in maintenance services for commercial trucks and the sale of parts and equipment. With a current staff of 90 employees, the company plans to hire an additional 7 to 10 individuals for the Shakopee location. EJ Equipment already operates facilities in Illinois, situated in Addison, Manteno, and Troy, with a new location set to open in Sturtevant, Wisconsin, on July 1, 2024. The establishment in Shakopee will mark EJ Equipment's inaugural presence in the state of Minnesota. EJ Equipment's Six Core Values: 1. Safety: EJ Equipment prioritizes the safety and well-being of its employees, customers, and community in all aspects of its operations. 2. Integrity: EJ Equipment values honesty and transparency in all dealings with customers, suppliers, and employees. 3. Customer Experience: EJ Equipment is committed to understanding and meeting the needs of its customers, providing exceptional service and support 4. Reliability: EJ Equipment prioritizes delivering high -quality maintenance services and equipment parts consistently and on time. 5. Teamwork: EJ Equipment promotes collaboration and communication among employees to achieve common goals and drive success. 6. Accountability: EJ Equipment holds itself and its employees responsible for their actions and outcomes, fostering a culture of ownership. Intended Usage: The 1500 Maras property will serve as a facility for storing parts inventory for sale, service, and maintenance bays for trucks. The garage bays will be used for service and maintenance on trucks, while the back lot behind the building will be used for parking trucks undergoing service. The primary focus of the business will be on part sales. Operational Overview: EJ Equipment operates three main lines of business: Parts Sales, Equipment/Truck Sales, and Maintenance. As an authorized dealer for Heil, Vac -Con, Cues, Maintainer, Sany equipment, and parts, EJ Equipment holds the Heil dealership license for the state of Minnesota, allowing them to expand their presence in the local market. The clientele of EJ Equipment mainly comprises municipalities and commercial industrial businesses, with a commitment to providing exceptional customer service and maintenance to ensure the smooth operation of their fleets. Operating hours are Mon -Fri, 7:00 am to 4:30 pm Parts Sales: EJ Equipment functions as a wholesale parts dealer, facilitating sales through phone and email at the facility. An inventory of parts is maintained within the premises, enabling same -day deliveries within a 25 -mile radius of the Shakopee location or through shipping services. EJ EQUIPMENT • 6949 N 3000E Road • Manteno, Illinois • 60950 (800)522-2808 Page 16 of 76 IriPel mum IfFAR°41 OW, Equipment/Truck Sales: EJ Equipment assists customers in selecting the appropriate trucks and equipment for their specific needs. Upon placing a customized order, the truck and/or equipment undergo inspection at the facility. Unlike traditional retail car dealerships, outdoor display of trucks and equipment is not a feature at this facility. Upon completion of quality assurance checks, EJ Equipment delivers the purchased truck or equipment to the customer, typically within a week. The company emphasizes prompt service delivery without compromising on quality standards. Service: At EJ Equipment, servicing trucks and other municipal equipment is also an important line of business. We aim to maintain and repair service vehicles of high quality safely and promptly with little downtime for the customer. Vehicle service would take place inside the bays of the facility. All trucks not in bays and in the process of being worked on will be parked behind the facility. Truck maintenance services are essential for keeping commercial vehicles in optimal condition and operating safely and efficiently. These services typically include routine maintenance such as oil changes, tire rotations, brake inspections, and fluid checks. Truck maintenance services may involve specialized tasks like engine diagnostics, transmission repairs, parts replacements, and troubleshooting electrical systems. Professional mechanics with expertise in servicing trucks are responsible for conducting these maintenance services. They are equipped with the necessary tools and technology to diagnose issues and perform repairs as needed. By regularly scheduling truck maintenance services, businesses can prevent breakdowns, extend the lifespan of their vehicles, and ultimately save on repair costs in the long run. Enhancements: Interior: EJ plans to obtain a permit to make small modifications to the office area of the building. This includes removing carpet, installing new hard flooring, painting, and cleaning. The changes will only involve minor construction, and there will be no increase in square footage. Exterior Structure and Lot: No further alterations are planned for the building's structure. Trucks will be parked at the rear of the building, while designated parking spaces will be provided near the front entrance for employees and guests. There will not be any outside storage structures. Trash Handling: EJ will place an enclosed corral in the northwest corner of the leased property to house the garbage dumpster. The structure will be made of cinder blocks, have swinging gate doors, and be topped with a roof. CUP Process and the Maras Property: EJ Equipment and Ryan Quiring have entered into an 11 -year lease agreement for the 1500 Maras property. However, during the Change of Occupancy process, it was discovered that EJ would need a Conditional Use Permit (CUP) to operate the service side of their business on the property. Ryan Quiring, the landlord of the 1500 Maras Property, has a history of operating various properties in Shakopee for many years. Understanding the city's requirements for safety and aesthetics during a change of occupancy, Mr. Quiring is willing to make the necessary improvements such as greenery, paving, screening, and fire protection. The main focus for these improvements is EJ Equipment's Service and Maintenance line of business, which would be performed in the shop. While Mr. Quiring supports the city's goals, he is requesting a Phased Property Improvement Plan to ensure compliance without facing financial strain. Currently, Mr. Quiring is investing $850,000.00 to connect his Maras properties to the city sewer & water systems. The city's requirements for fencing, greenery, and paving conflict with this sewer construction, as installing these improvements would require removing them later for the sewer & water connection. Given Mr. Quiring's compliance with the city's requests and commitment to making the necessary improvements, he is seeking approval for a phased approach. This would allow him adequate time to complete the sewer & water connections, fencing, greenery, and paving in a timely manner, easing the financial burden by spreading out the costs. The Phased Property Improvement Plan would not delay any fire or safety improvements. EJ EQUIPMENT • 6949 N 3000E Road • Manteno, Illinois • 60950 (800)522-2808 Page 17 of 76 �I�rwa�u�u mom "y1.7AFttli OW, Phased Property Improvement Plan: Paving/Greenspace: Fencing: 1. We are proposing that we pave both entrances to the currently unpaved property. The far North entrance to the property is already paved all the way up to the building. We propose that we pave the other two entrances to the property, as noted in the site plan, the black lines. The proposal is in line with what was approved by the city for the CUP (same use) issued for 1431 Maras Street back in 2022, which was an entrance paved 24' wide by 100' deep. We are proposing the same requirement here, a 24' wide by 100' deep paved entrance to both the center and South entrances to the property, but we may choose to do a little more than that to tie it into existing pavement etc. The rest of the lot is paved with Class 5 aggregate, so this should put us in compliance with this requirement. 2. Timeline: We would ask that the city allow us to install this through the 2025 construction season (no later than 10/31/25). This would allow for one full freeze/thaw cycle after the utility hookup and help us spread out the costs of meeting the city requirements. 3. Estimated Cost: $55,000 4. Impervious Surface Maximum of 75% a. Attached is our proposal to address this requirement. We are asking the city to work with us on this one, given the property setup and 40+ years of historical use. The 1500 Maras property is approx. 2.19 acres (95,396.4 sq. ft.). Combined with Roger Zacharia's lot to the South, the approx. total lot size is 2.85 acres (127,276 sq. ft.). We already have an agreement in place with Roger to utilize a portion of his property and have also received permission from him to put a fence on the South and East property lines per our fencing/screening proposal to the city, as noted in the attached site plan. With this, we ask that the city include Roger Zacharia's lot in considering our proposal to meet this requirement. Roger's lot is essentially entirely pervious/green space, and that, along with our other proposed green space areas outlined in green in the attached site plan, that would give us pervious/green space of approx. 35,742 sq. ft., which would put us at 27.6% of pervious surface and would help us meet this requirement. Without this, it would be extremely difficult for us to achieve this requirement with our 1500 Maras lot on its own without significant impacts to our income earning ability, mixed with the costs associated with us working with the city to meet their other requirements. b. The green space being proposed on the 1500 Maras property specifically includes a 6' wide green space area along the East property line (less entrances), another 6' wide green space area along the West property line, along with the green space/landscaping that already exists around the North and East sides of the office portion of the building. 1. We will install a new fence as outlined in our site plan. The proposal is to install the South fence line, as well as the SE fence line, on Roger Zacharias' property. I have obtained permission from him to do so. The red lines in the plan represent the proposed fence location, and the purple lines represent gates, if gates are required. If not, then the entrance would just be open. 2. Timeline: We would ask that the city allow us through the 2026 construction season (no later than 10/31/26) to install this. This allows for two full freeze/thaw cycles after the utility hookup and helps us spread out the costs of meeting the city requirements. 3. Estimate Cost: $30,000 4. Requirement of not more than 50% of lot area; we fall well within this requirement. The proposed parking/outside storage, both the tractor/trailer parking that already exists on the South half of the property, along with what EJ is proposing for the North half of the property, totals approx. 36,975 sq. ft. The total 1500 Maras Street lot is approx. 2.19 acres, or 95,396.4 sq. ft., so the proposed parking/outside storage is only around 38.76%, well under the 50% limitation. 5. Requirement not to be located closer than 300 feet to any residential zone; no issues here as we are nowhere near this close to residential zoning EJ EQUIPMENT • 6949 N 3000E Road • Manteno, Illinois • 60950 (800)522-2808 Page 18 of 76 tl�rwa�u�u nom 1/1,7AFttli OW, Refuse Container Enclosure: If you have any questions, please reach out to Marie Paff, Director of Corporate Operations. Iade(u' IC nie uuliluairn ein .cornn (224)471-9561. Sincerely, John Larsen, COO EJ EQUIPMENT • 6949 N 3000E Road • Manteno, Illinois • 60950 (800)522-2808 Page 19 of 76 U II'p nIIIIIIIVnI' I% � IIIVI"'llllluuuul ti unl l000 ellgairor "11Ii IIII�Viiullllllmu'IY;'�I lllmo;il"uy�p NINpf Ullll " i'gv�'I,rt �im� i Il,l urrAul,�,lid �V'�'I�INIII�II!'I!!,I!1;Illl�lll nuu o�� �Ijllllllllllllllm. so u ..„1 1111111111111,, HVIINimlVuul �I�II rr4w„641 ie;04 d m EJ Equipment Rental Prope Blue: EJ Equipment Leased Property Yellow: Additional 1500 Maras Property (nc Green: Roger Zacharia's Parcel Page 20 of 76 Biuwed aaAoIIdwEi l.uawxu :� n 5£ O 1500 Maras Floor Plan ' L'9►r1 O O O O L9 00 1 vet .cci • V X N 979 CO X N r O 1 b► 1£'9► 9'b►- 1££ N N A CO O O 5'Z£ ► co V Page 21 of 76 Proposed Improvements for CUP Red: Proposed Fencing PurpVe: F:>rw posed Fencing Black: Proposed Paving Ora G I' ei ua Ili k:uern e 11111111111111111 N1 Nkliiu 11�61UI6�»»iu�u�uw�tiu�lui�m`n u��!�ul uuuai/II�II�!lVlUu utlllUpl 111 Irlor , , rril(lillto:lool! II � ���u ��,,,yli �Il"I'l'°I I u'Ouu 0uuirIilw�lII�luisVOVVONIVI��II uVIV�uI V Q I Page 22 of 76 6.B. Shakopee Board of Adjustments and Appeals August 8, 2024 FROM: Amanda Schwabe, Planner TO: Board of Adjustment and Appeals Members Subject: PUBLIC HEARING - Variance request to fence material requirements and an overheight fence in the front yard for ducks/geese in the Rural Residential (RR) zoning district at 1396 Blue Heron Trail. Policy/Action Requested: Adopt Resolution PC2024-009 Recommendation: Adopt the resolution as presented. Discussion: Applicant & Property Owner: Kayden Fox Address: 1396 Blue Heron Trail Lot Area: .99 acres Zoning: Rural Residential (RR) 2040 Comp. Plan: Suburban Residential Kayden Fox, property owner, has applied for a variance to retain an unpermitted fence greater than three (3) feet in height in the front yard that is constructed oft -posts and thin, flexible, galvanized steel wire with hexagonal gaps (poultry wire) material for ducks and geese in a residential zoning district. In April 2024 staff received a complaint associated with the fence materials, location of the fence in the front yard and right-of-way as well as the keeping of ducks and geese at the subject property. Upon receipt of the complaint, Planning staff advised the property owner of the fence material and location requirements as well as options for compliance. The Police Department manages the animal related sections of the City Code. The property owner relocated the fence out of the right-of-way of Heron Court S and Blue Heron Trail S following the code enforcement communication; however, the fence still exceeds the three Page 23 of 76 (3) foot height maximum in the front yard and does not meet the material standards. The complaint is an on -going case with the Code Enforcement Specialist in the Police Department as the property owner chose to apply for a variance for the fence height and location. The variance request is to keep the existing approximately four (4) foot tall poultry wire and t -post fencing in the front, side, and rear yards for use as grazing/pasture area for their eight (8) geese (a domesticated Chinese breed) and an undisclosed number of ducks for a minimum of three (3) years. The applicant is also requesting to be allowed to place the same fencing in the public right-of-way along Heron Court and Blue Heron Trail seasonally. Per City Code Section 111.02 B., fences up to three (3) feet in height are allowed in the front yard setback outside of easements and sight triangles. Fences are allowed to be up to six and one half (6.5) feet tall on residential properties in the side and rear yard. All fences need to be constructed of materials that are consistent with the building material standards in City Code Chapter 151 that are not deemed hazardous by the Building Official (primarily chain link (no slats allowed), ornamental metal, vinyl, or wood that is maintained) with the finished side facing adjacent properties or the public right-of-way. Fences require a building permit to be obtained prior to installation. The permit includes an inspection following installation to confirm compliance with the approved permit. The subject property is located in the Rural Residential (RR) zoning district allows low - density residential development in areas which are not served by municipal urban services with minimum lot size of 30,000 sq. ft. (.68 acres). The RR zoning district is not the same as the Agricultural Preservation (AG) zoning district which preserves and promotes agriculture in the unsewered areas of the city that are suitable for such use and requires a minimum lot size of 22.96 acres (1 per 40 density). City Code Section 130.04 addresses the keeping of animals, including Farm Animals on properties zoned for agricultural purposes and hen chickens. Hen chickens are allowed in all zoning districts provided they meet the requirements of City Code Section 130.04 H Including, but not limited to, a maximum of five (5) hen chickens, no roosters, confinement of chickens in a coop in the rear yard with the size based on the the number of chickens with screening, appropriately sized runs, and a provision to restrict injury or annoyance to persons on other property in the vicinity by reason of noise, odor, or filth. Geese and ducks are not listed Section 130.04 Other Animals or defined in that section of the Code as a Domestic Animal. They would be allowed as noted in the zoning code as Agricultural Use in the AG - Agricultural Zone, which is typically the farming areas of the city. Attached is the narrative provided by the applicant along with a comment letter received by Page 24 of 76 staff for your reference. Staff has prepared and attached a resolution with findings denying the variance request because it does not meet the variance criteria in City Code/State Statute, specifically the criteria listed below: • The circumstances were not created by the landowner. • The plight of the landowner is due to circumstances unique to the property. • The variance as requested will be in harmony with the general purposes and intent of the chapter. • The variance, if granted, will not alter the essential character of the locality. • The problems extend beyond economic considerations. ATTACHMENTS: • Resolution R2024-009 • Location Map • Applicant Narrative • Resident Comments • Fencing Exhibit o Property Photos o City Code on Animals Page 25 of 76 RESOLUTION NO. PC2024-009 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DENYING A VARIANCE REQUEST TO CITY CODE SECTION 111.02 (BUILDING PERMITS) AND 151.108 (CONSTRUCTION MATERIAL) FOR AN OVERHEIGHT FENCE IN THE FRONT YARD CONSTRUCTED OF POULTRY NETTING AND T -POSTS IN THE RURAL RESIDENTIAL ZONING DISTRICT WHEREAS, Kayden Fox (applicant and property owner) has made application for a variance to City Code Section 111.02, Subdivision B. and Section 151.108, Subdivision A, to retain an unpermitted fence greater than three (3) feet in height in the front yard that is constructed oft -posts and thin, flexible, galvanized steel wire with hexagonal gaps (poultry wire) for the keeping of ducks and geese at 1396 Blue Heron Trail in the Rural Residential (RR) zoning district; and WHEREAS, the property upon which the requests are being made are legally described as: Lot 2, Block 3, Timber Trails, in Scott County, MN; and WHEREAS, all required public notices regarding the public hearing for the application were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee did review the application on August 8, 2024 and adopted the following findings: Findings for the Variance Request to City Code Section 111.02 (Building Permits) and Section 151.108 (Construction Materials) Criterion l The application for the variance establishes that there are practical difficulties in complying with the official control. Practical difficulties means the following: 1.A. The property owner proposes to use the property in a reasonable manner not permitted by an official control; Finding I.A. The existing four (4) foot tall fence constructed of t posts and poultry wire is not reasonable as this residential development is not agricultural and the property is visible from a Page 26 of 76 city park (Timber Trails) and adjacent residences. A fence three (3) feet in height would be permitted in the front yard provided it meets the requirements of City Code Section 111.02B. The City Code was amended By Ordinance 885 in 2014 to allow hen chickens on all properties with conditions outlined in City Code Section 130.04H The City Code does not address decks/geese. 1.B. The plight of the landowner is due to circumstances unique to the property; Finding 1.B. The property is similar in size and has the same zoning designation (RR) as the immediately surrounding properties. There are no circumstances unique to the property that would prohibit the installation of a fence that meets the construction material, height, and location requirements. 1.C. The circumstances were not created by the landowner; Finding 1.C. The circumstances are created by the landowner's desire to keep an unpermitted fence that does not meet City Code requirements related to construction materials, height, and location. 1.D. The variance, if granted, will not alter the essential character of the locality; Finding 1.D. The variance would alter the essential character of the locality as there a limited number offences in this development and those that do exist are constructed of allowed materials (wood and chain link). The standards are in place so aesthetically pleasing, high quality materials that are easily maintained are utilized for fencing. 1.E. The problems extend beyond economic considerations. Economic considerations alone do not constitute practical difficulties. Finding I.E. The problems do not extend beyond economic considerations. The applicant is requesting to use the proposed t -posts and poultry wire in lieu of a fence constructed of chain link, vinyl, wood or other allowed materials. There are no circumstances unique to the property that would prohibit the installation of a fence that meets the construction material, height, and location requirements. Criterion 2 It has been demonstrated that a variance as requested will be in harmony with the general purposes and intent of the chapter and is consistent with the comprehensive plan. Finding 2: The proposed variance would not be keeping with the spirit and intent of Chapter 151 (Zoning) as it would allow the use of a lower standard of fencing materials at a height of four (4) feet in a very visible location adjacent to a city park (Timber Trails) and other residential properties in the development. The 2040 Comprehensive Plan guides this property as Suburban Residential as it will be served by municipal utilities in the future. Criterion 3 The request is not for a use variance. Finding 3: The request is not a use variance. Criterion 4 Conditions to be imposed by the Board of Adjustment and Appeals must be directly related to and must bear a rough proportionality to the impact created by the variance. Finding 4: The board is denying the proposed variance request, no additional conditions are necessary. Page 27 of 76 Criterion 5 Variances in the flood plain overlay zone also shall meet additional criteria: Finding 5: Not applicable since the property is not within the flood plain overlay zone. Adopted in the regular session of the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, held the day of August, 2024. Chairperson, Board of Adjustment and Appeals ATTEST: Michael Kerski, Director of Planning and Development PREPARED BY: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Page 28 of 76 1396 Blue Heron Trail This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. Scott County is not responsible for any misuse. colt F1 g 0BM/2024 1: 2,257 0 30 60 120 180 240 Feet We have lived on our 1 acre lot located on a dead end road at the south edge of town by a vineyard and pumpkin patch for 10 years now. Our lot is bordered to the north by Blue Heron Trail (with a 1.5 acre park across the street), to the east by our only adjacent neighbor, to the west by Heron Court and to the south by a vacant lot owned by Scott County. On the other side of the Scott County lot is an 11 acre RR property that has a one acre pumpkin patch where they grow pumpkins/corn for commercial sale. To the south of that property is a 26 acre AG property. Lake O'Dowd is nearby to the southwest on the back of the two properties to our south. One of the things we love about our property is it is in an older established neighborhood (our home was built in 1982) that, when built, was considered to be "in the country." As Shakopee has grown, more traditional housing developments have sprung up near us, but our development pocket has remained far more rural with area lots ranging from around 3/4 of an acre to 1 '/2 acres. Many of the lots are heavily wooded. Just across Marschall Road you find horses, a barn, and crops grown in an agricultural setting. It is common to see wildlife throughout the development; not just song birds but wild geese, ducks, deer, foxes, squirrels, and others. With the large lot sizes in the development many neighbors in the development have installed outbuildings/sheds and most keep some kind of animals/pets on their property. Our neighborhood structure allows for a wonderful combination of having neighbors while still having space to spread out more than a newer residential subdivision. Adding more uniqueness to the area is the design of the homes as no two look alike. Our home, for example, is a geodesic dome. Our neighbor to the east has a home built in to the earth. This variety adds to the character and sets this subdivision apart. In the last several years, the rural and more laid back nature of the area has actually increased with the closing of the intersection of Blue Heron Trail and Marschall Road. We now live on a dead end street with really only one connected neighbor. Our home itself sits positioned well to the front of our large lot and our backyard is huge but also far from the water source the birds require. I am attaching a photo/map from the Scott County GIS site to give a good idea of the layout of the area. Unfortunately much of what is the flattest surface is presently used as pasture for the birds is "side yard" and contains the trees the birds chose as shelter. Even in the dead of winter and 2' of snow, the birds prefer sitting under our pine trees to any coop offered. When COVID came around our family discussed getting backyard chickens but opted for domesticated ducks and geese because they eat bugs and grass and lay larger eggs. With the heavy woods in the area we thought the geese and ducks eating bugs would be a nice side benefit. We also thought that domesticated geese and ducks would be a better fit in the area given that wild ducks, geese, and heron had long been prevalent in the area (note the area street names: Heron Ct; Blue Heron Trail; Wood Duck Trail). We also felt that since our subdivision is zoned rural residential (RR) the geese and ducks made sense given the nature of the subdivision and how the area has been used over the years. This has allowed us to avoid harmful chemicals for weed/bug control that ultimately work back into our well supply. As a side effect of being one of the few lots to not use a lawn care service our yard is full of over a dozen native plant and pollinator species like our milkweed that contain hundreds of eggs for the Page 30 of 76 endangered monarch butterfly, wildflowers, a number of bees, mosquito eating dragonflies, and luminescent fireflies. Before buying the birds, I looked into the city code for RR that provides setbacks for machinery and buildings required for agricultural operations and figured it would be odd to give agricultural setbacks and not allow related agricultural uses. The fact that we had a neighboring pumpkin patch and the property just across Marschall to the east (also zoned RR) had horses and a rooster (which is only allowed in rural agricultural areas) seemed to support this line of reasoning. We researched and constructed a run suited to the needs of larger domestic geese and ducks that cannot fly. We had the birds for a few months before code enforcement first showed up. We had 8 geese at that time but a few wild mallards took up nesting in our yard as well as we're just off Lake O'Dowd. We explained our understanding of code, the fencing we were using, that our geese were domestic, and that the mallards were wild and free to come and go at will. Code enforcement seemed satisfied and being we never heard anything back we took that to mean we were fine to continue as is and did so for the next three years. Our sole neighbor has a sump pump that runs so much (presumably because their house is built into the ground as noted above) that our ditch was standing water even in years of drought. This year, it's become an all but unmowable mosquito factory given the volume of rain and saturation of the ground. I again looked at the code and it said that temporary garden fences 3' or less were allowed in easements so my solution was to add an outer ring to the run fence so the geese could help keep the grass down and the ducks could keep the mosquitoes down. We have been using t posts and poultry wire to make pens which we thought met the temporary criteria as they don't obstruct view and can be installed/removed in a minute and we relocate them semi regularly based on where we're growing what. Now, after having the birds for three years since code enforcement first visited, they returned this summer. Code enforcement has now insisted that we get a permit for an approved permanent fence rather than the temporary containment fence we had used for the birds to date. They also demanded we do this within 30 days. I ran the numbers and 3' chain link on just the two road facing property lines would be over $5,000 even if I installed it myself (and wouldn't be a sight barrier) while a 6' privacy fences seemed to start at $20k. When I said I couldn't afford that expense in a month's time, enforcement directed us to remove all the t -post fencing from the yard unless it was part of a run for the birds. However, they just applied the rules for chickens that are 1/4th the size of pasture grazing geese that require more room. An acre can support 20-40 geese for pasture grazing depending on quality. We grow a number of grasses/grains/greens throughout our whole yard for their consumption but once you account for house footprint and clay soil, they need most of the yard as their pasture/run. The larger grazing area allows waste to organically build soil whereas smaller pens create concentrations of waste that can be a health hazard to all involved and require more labor and care. Page 31 of 76 Unfortunately, just allowing more room per bird just results in an exorbitantly expensive box that would cover most of my yard that's too short for me to stand in. Code limits the runs to 6' high while I'm 6'3" and my posts are 5.5'. Further, our yard has a number of trees and sloping that we'd be hard pressed to find a space to erect something that could meet their spacial needs and the canopy requirements for chickens. They need access to larger volumes of water than chickens so we have a number of pools around the side yard we empty and refill every few days. Flipping and filling their pools inside a cage would lead to the enclosure becoming mud with them having nothing to graze. Geese also live about 20 years to a chickens 3-5, so this would be quite inconvenient for a long time. We talked to our only consecutive neighbor before getting the geese and they were all for it. Even years later they say they much prefer any sound our birds make to their three dogs barking or the traffic on Marschall. The neighbor across the cul-de-sac regularly tells us she loves watching the birds waddle across our backyard. Living across from a park, every week we see a family with kids enamored with the birds. Our geese are a domesticated Chinese breed. They're not aggressive like Canadian geese nor can they or the blue Swedish ducks fly. Three of our neighbors have birds and we're aware of a few other properties in what is/will be Shakopee that have water fowl and are actively engaged homesteading in a situation like ours. While I agree that the code for chickens makes sense in higher density areas where lots are between an eighth and a quarter acre and that waterfowl definitely shouldn't be kept downtown, I think lot size and location should factor in to how many of what kind of bird are allowed much like how horse count is dependent on acreage. Given we're going on our fourth year of having the geese and property values in our development have continued to go up while 3 other properties in the neighborhood also have birds, I believe we've met the criteria of 151.011A1. Specifically, our property has increased in value according to Scott County tax records by over $25,000 in the years we've had the geese and ducks. Every nearby property has also seen an increase in value during that same time frame based upon Scott County assessed values. One nearby home sold for $460,000 in October of 2021 and is now valued at almost $500,000 (PID 270610211). Another nearby sold in May 2023 for $500,000, in a year where it was assessed to be worth $460,000 (PID 270610330). Clearly our birds have not diminished or impaired property values in the immediate vicinity. Our use will also not impair anyone else's use of their property. Our use will stay entirely within our property boundaries and will not have any adverse impact on our direct neighbors. Our development does not really have any vacant property that is eligible for orderly development. The only vacant property is a split lot owned by Scott County that is owned as part of the trail expansion but that lot is not of the size that it would be developed. It is simply open space. If anything, having that lot connected to ours supports the conditional use request. Page 32 of 76 o iimmPmm 111111111111111111111111 Some more information about nearby properties in the immediate vicinity: Property id - 270610180- sole adjoined neighbor to east- 3 dogs, loves the birds over traffic on Marschall. Has provided a letter of support for this conditional use permit application. Property id - 273060010- southern neighbor house —500ft from property line with woodland between with 1 acre plot raising pumpkins/corn for Peter and Carmen's commercial market. Property id - 270610200- owned by county and used as driveway for above after trail expansion. Doesn't seem viable for development as is but my use wouldn't interfere with that regardless which should satisfy 151.011a2. I'm actually also interested in acquiring the portion of this parcel directly adjoining my lot but have had issues getting replies from the county to my requests. Property id - 270610211- southwest neighbor largely obscured by two rows of trees, their girls love our birds, and they also own birds. Property id - 270610221- due west with full view of our whole back yard but every time we bump into them they tell us how much they love watching the birds and have a dog. Property id - 270610170- northwest neighbor. They have their own birds as well. Property id - 270610370- northern neighbor is a city park that draws nature lovers that typically fawn over the birds. Nothing about my usage requires additional facilities which should satisfy 151.011A3. Access roads are adequate as is drainage and utilities. Our proposed use will not require an increase in utility capacity. Page 33 of 76 City code permits chickens in residential zones and horses are also allowed in RR based on lot size. Considering lot size, location by a lake at the periphery of city limits, amidst moderate scale agriculture including commercial crop on RR and AG, and horses across the road, I do not believe geese are inconsistent with the purpose behind the rural residential zoning district and already established rural agricultural -like usage already in the immediate area per 151.011A4. Additionally, given permitted horse count increases with lot size it seems reasonable to allow more birds on a 1 acre parcel than the same 5 allowed on smaller 0.11-0.15 acre lots. The county sets geese/ducks as .01 AG unit per acre. 100 birds is a lot but 5 per tenth/fifth/quarter acre would be reasonable as would setting the total per acre at 25/30 and just multiply by lot size. I have no reason to believe anything I do in my yard would do anything other than embrace the comprehensive plan per 151.011A5. The 2040 comp plan states a key goal is to align land use with the Envision Shakopee goal ---one of which emphasizes "connecting people to nature", which specifically includes wetlands. We actually attended the various events at Huber Park and the Community Center to support/vote for this very point years ago. Our birds, unlike chickens, actually further this goal. (Pages 7 and 35 of Envision Shakopee comp plan). The comp plan also sets a goal to "identify and remove barriers to local food systems in zoning code and land use policy." (Envision Shakopee plan p. 105). As noted above, our birds lay eggs and we consume those eggs. They are all natural, organic, and raised in our own yard. Our proposed conditional use supports this comp plan goal. Interest in homesteading has soared post COVID and it would be amazing if code could empower residents to cultivate closer bonds to their land than just manicuring turf. We wanted to have a better connection to our food beyond pulling it out of a cooler. A big part of homesteading is being both environmentally and economically conscientious and a static $20,000 privacy fence to hide birds neighbors actually enjoy is an artificial barrier against the comp plan considering a $1,000 in poultry wire has suited our every need for 3 years and is entirely reusable as our needs change with crop rotation or isolating sick/injured birds. Our proposed conditional use is also consistent with the comp plan goal to "preserve and enhance the unique identity and character of individual neighborhoods." As noted throughout this narrative our neighborhood is very unique within Shakopee. It is not a new cookie -cutter national builder based development. It has been allowed to develop in its unique way that encourages different uses than other neighborhoods. Our proposed use is consistent with the historic use of the neighborhood and with the comp plan goal of supporting those unique opportunities. (Envision Shakopee p. 114). Our requested conditional use fits with the guidance of the Envision Shakopee plan to shape zoning decisions in accordance with the goals of the comprehensive use plan. (Envision Shakopee p. 128). These years with the birds have been filled with joy. Everyone in our household suffers with anxiety, depression, PTSD, or something else. The birds have been a massive asset in coping with everyone's respective struggles. The changes mandated by code enforcement would turn our lives upside down and undermine the well being of our animals that live a rather long time to Page 34 of 76 be stuck in enclosures that don't meet their needs. The asks are also financially onerous and counter to the city's goals of increasing land use, connecting with nature, and removing barriers to healthy food. Existing use of property - Single family home with pasture for grazing geese and ducks using 3' high t -posts and poultry netting. Netting is 5' with 2' staked inside the pen to prevent sneaking under. Proposed use of property- 1- Given code already permits some farm animals in RR based on lot size, we request bird headcount similarly increase with lot size. The smallest lots in city limits are roughly 1/10th an acre, but 50 may be excessive; perhaps 5 minimum +5 per 0.2 acre (25/acre). 2- Given we've demonstrated for years the current fencing solution meets all practical use requirements for pasture grazing, flightless birds and imposes no harm or risk of harm to anyone or their property, we request allowance to use t post fencing within our property lines for a period of at least three years while we plant and cultivate natural barriers and save for a privacy fence should that prove insufficient. [Blue lines on aerial 2] 3- Given our remote location, lack of water/sewer service, very low chances of requiring utility repair, and the ease with which temporary fencing can be removed, we request permission to temporarily place fencing in spring and summer in our ditch. [Pink lines on aerial 2] HOSE Page 35 of 76 Certified Aradmremra of f tet ` a°asa Approved he AS auraaw *rds for G The premise of the WA standards is that aanmrmmais IrraySt he uaflowed to behave naturally. 'The following standards allow aammimmnaats the umfmtro tunut.y to perform haat armwW n instinctiveUfa ivom rs esseu^rttwap to their heeith ,aarnd wnuephibeitigi, Provisions are made to ensure six kaaalU interaction„, r"woi ndorta and duluymm' icad sand psyiuhµm Aoaaa, kal weI being„. 2,0.1 Breeds and strains mist be chosen with non.' asr ati n (O their ability to thrive m the prev Ring chmrmaatic coonditiwar^ms ofthe farm, in pastou✓e•rb✓ se tree rern e outdoor systeiinns, 6 OJ Birds must Iheve aar lea rmim fresh ga la" have a teedioroq Wan that veil qu mnutrituounal regime ampproprdulaatc for their wad"" St,i.3t,t ;,..nii 'tatty tit U, us , (ignite n I,;',,,a.r r;t vines L a .0 �f t a': reitairatrattattattitai !64r1 rL".tudn ra, d m ,, ., .,, 9fidat.5,0fifiitt and tanitubillfit fit in cynic, (id is It grin, ?!,-its, a vaned,. wwrehliula tarwced and � �� ✓r„ binds nixed 6,3 ,1 Ponllltry mmnuu,st, have constant access to food darn mdaayd'ubffht hours, 6 i,2 Birds must always have access to urmsolub e dfr'dr Itfiimufs must be able to pass the grit into the gizzard, (tote, Graft may be obtained (elm the environment or provided as a supmlemermt,, ,tf pruvmud as a s&ppawerrmunt at m"an be remove, 4 hours prior to slaughter. 7„.0iii A ra rhfhiirng and taaraaginmj area amn,arnaau; e intent plan must be in tmhe4`e thhaat dresses' the Specific farm site. it must enSure "hit:, 7,0,d ,1 Not aliocan'temf4 Poultry must Ihhmave Wncces to drawing green vegetatmon on the range will ,„1, ever eerr futia or a at' 7n0"8 3 the m,om°orud,aaUsitlumn of the u°r rr health put dlanans for tee birds. ainth'u Ai does amt°awaaa'e 7,.0.8.4 Birds have aam„ m ess to trams h, clean range no and foraging area' tdh t It not Il IYlluuted with manure., ,? „ tiff. m m"a of Watter,, sd"n tU n,, and feeding amas is addressed ,!w""we,, 7°„ah.t the activity of time !dairat.s must not cause more than 20'W'tim of far°am domdd y are kept on being denuded, an:gin and must be abet to fmmr i r'cart seeUr rmu,ufrmtdemm frmamrd tine range mate. d,,ie anr,,a "efn-mmrr,mart be e!taa , to graze. 7",:;;f.4 Clean mfri nlararnua ara%hnter must be continuously amvaadltaatat turn birds mnrm r ,✓ is 5..,,datint batntei r,6'sc,1 ,iii rrt, ,. 7;r;,iiiatt rr ur argic. 'Vitt, heave yet to Ifit fit rxdartit tide yard peritfitett.«itt anti tfitive hatedii t ti nit „t dele r, att for tat. t,!id ,Cun, ,r fnrlr,`tii N.� (inni ,f �✓ r f'�'�'t11 try ;f „CD„ dna Page 36 of 76 raf re raaaat mtr �rrlp manner that encoura and fora d.ng areas available. I geese shook h or rmnmas,t, aaarmaudaltmda r Woan h I e birds and provided in a lung bchasvior and aaSWIMS maximum use aaf the ranging w tr ewer a sfmr"'arhs I The minimum p by S f v,� c Cu rigini nd fom d/o, rasa fralr 1.3„16 Fully enclosed aovi e) terns on rangtalmg and totagiilig areas may uaanty b used when there is a predator risk that cannot be controlled by other means, $R1'',;, should be at Ill,eaast, td 7.4„„1 tdama" ' must ad, Ely end,uw ,, facer^r o ranging, and forugiing areas furor d°n i�tm u e usacrumsc to water for behavior Note: Different ,speed 's ,have differu, traafaaaaaam eat .r^r, d ;, All tr'a to water°, such that they cab dip Meer ,heauts'a taro mm tuna Arid spread waalea„ over feathers. Geese .sf'ma oold a1drt,Ounniadnry he provided as t 'a' a at n they a'a a 1m efl, Goslings are included to the ,,. , urraarnraent ahoy faauf' tfar a mist be protected' from the drysk of drowning, This may nr!c ssrtat r a:rota ,fratrra to run tuna of weer w cart;/oar deep air ter, 1,.4,2 aatama fmriktnes dur lb rmmm9 needs must be deep enough for birds to fully invert their red s%vimmm w Ihoot their feet toddling the bottom, 7.„,4,o3 Natural and asm^tdld'icdaad mar t r° sources must be duet. dean and wall maailiintmdn d. "1,.4.4 Ponds and ,, aiaarmmmnmmm wwraater rmrmn t be maintained and managed to prevent, environmental potlltwtdono. 07.6„2 4f binds are excluded from daytarrre ar,camss to cane urea atammt fabraafdi must be prowrudeddl with v°e taat¢wue rrnaaterv,all s•o that ttmr y can engage in rraas ttni awnirm ftwtd.) The therm aad c,lrmrrrfort of poultry must be protected by provision of hotuaiaa war shelter oath natural' or inn than t temperature and hurmmiodtty^ control aus required, The needs ds of all ages and stages of production ,and local climatic extremes must ken into ar°coirot when planning housing or shelter, B4Oi3 In extreme weather there must sheltered envirandwmemnfi, 8,t ,11 Birds ds at all times Imnest have ward rr an a they are not forted to stand Idols mud or rmmaamure. 8,^3.,11 There must be provision of to scde place of compf'tµt`mon,. means to feed a war atrmr lords turn a trade that provides dry footing so goo id birds to recover„ ,., .2 4f injured thirds ahe sepaaraatamcd' from the flock they must only be kept aafmart until such time they can m° dma the group writhout advPr'sety affecting ether the hraa&lth or welfare of the lI°iv" uto d ar time tiock„e 8,3L5 e lri i,iuditoty on emtmmamaamt ere housed hofursed lairds should Ilhaave visual and ft.4.f) in cold ter;ralpemratuures heaat, must be Iprowwiided as heresaaaslry to keep birds codintota'Llco Page 37 of 76 6/28/2024 Subject: geese From: "Peggy Breedlove -Gerard" <pbreedlovegerard@gmail.com> Sent: 6/28/2024 3:53:24 PM To: "Kayden Fox" <kaydenfox@_gmail.com>; To; The Board of Adjustments and Appeals My husband Paul Gerard and I have been neighbors of Kaden and Jessica Fox for many years now. It has come to my attention that they are currently having some potential legal challenges regarding their geese. We would like to go on record and say that we do enjoy the geese, and have had no problems with them for any reason. If you have any questions, you may feel free to contact me. Sincerely, Peggy Breedlove -Gerard pbreedlovegerard@gmail.com Page 38 of 76 1/1 �d'9111111';';°I uuMOVIIIIIUipl9 uuulRi u' 0111100 Y MMMM'6N'MM'MININ'MNN'" Nei � IIIIIIIIIIiiilliiiiliuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuullllllllllMIIIIIIIIIP loiI�INVII VIII ����I10����1u�" °I11uL1luIIIIIII11O0 llllllllll Y „IR uVd x'0 11 1111111111111111111111111111111111110 I"° 16 IIIIIII�V�i°"' d Dear City Board Members, I hope this message finds you well. I am writing in response to the recent request by my neighbor for approving a garden fence intended to enclose their ducks and geese, as well as their request to keep these animals, which are currently not permitted under our city code. While I understand the need for such a fence to ensure the safety and containment of the animals, I would like to express my conditional support for this request. I believe that if there are established rules and a proper permitting process for keeping ducks and geese within city limits, it could be a positive addition to our community. Such regulations would ensure that the animals are well -cared for and that their presence does not negatively impact the neighborhood. However, I am concerned about the appearance and quality of the proposed fence. To maintain the aesthetic appeal and overall cohesion of our neighborhood, I recommend that the fence be constructed of city approved materials. These options would provide the necessary functionality while blending seamlessly with the existing surroundings, thereby preserving the visual integrity of our neighborhood. In the interest of fairness and practicality, I suggest giving my neighbor until spring to put up a new fence. This extension will provide them with ample time to save up for the construction of a suitable fence that meets permitting standards. To support my position, I have included examples of permits and city codes from two other cities in our state that allow for the keeping of ducks and geese under specific conditions. Additionally, I have attached a news article from Aurora, Colorado, which recently added ducks to their list of permitted animals. These examples demonstrate that with proper regulations and community support, the integration of such animals can be successfully managed. In summary, I am supportive of my neighbor's request, provided that it complies with appropriate regulations and that the fence is constructed from suitable materials. I trust that the city board will consider these points and make a decision that benefits both our neighbor and the broader community. Sincerely, Page 41 of 76 City of Rochester DUCK APPLICATION Rochester Code of Ordinances Chapter 3-5 governs duck permits, With a permit, up to 3 hens are allowed on any premise. A permit for up to 12 hen ducks may be issued if the applicant its involved in educational or instructional activity. An applicant must submit a letter of request with the permit application explaining how the need for the greater number of ducks is directly related to the educational or instructional activity. Drakes are not permitted. Permit apppllicatiions must be submitted with a scaled diagram indicating the location of any duck coop and run, and willll be reviewed by City staff for coirnlplliiaince with the regulations in the ordinance. The City Council) must approve the application before a permit is issued, The Duck Application can be found here. Page 42 of 76 r Cll CKEN ROC MINN ESTER UCK NEW of 'R ENE AL APP FSR PEERNMTS TI1 $NDMDUALS CAT Rochester Code of Ordinances Chapters 3-4i and 3-5 require a permit for the keeping of Chickens or Ducks on the premises of any property in the City limits. A permit is good for up to two years, and expires on Dec. 315t of its second year. The fee for a permit is $36. Renewal applications arriving after Dec. 31st will incur a 50% expired license fee. Required fees must be paid at the time an application is submitted. Instead of sending in this form, applications can be submitted online through the Accela Citizen Access portal. See the following instructions: Register Public User Account (video): hatps://lforochestermnogov/IDocuments/ElectronicFileoaspx?dbud=0&docid=761.31.0 Applying for a New License (PDF): hops://www.rochestermn.gov/home/showdocument?id=2.5959 Fill in all blanks. Write N/A if a question is not applicable. Is this a renewal of an existing or previous permit with the City of Rochester? nYes ❑ No STEP 1. PREMISE ADDRESS Address and Owner Informt n Address Where Animals Are Kept City State Zip Code Property Owner Name Email Address Primary Telephone Number Alternate Phone Number What is your preferred spoken language? What is your preferred written language? Do you need an interpreter? nYes T7 No Office of the City Clerk www,rocheste_rmn.gov 507-328-2900 Ilicenses@rochestermn,.gov Last updated: 07/14/2023 Page 43 of 76 STEP 2. CONTACT INFORMATION Application Information Provide information about who is completing this application (may or may not be the same as the person obtaining the permit) First Name Last Name Primary Phone Number Type of Phone Cell Business nHome❑Other Alternative Phone Number Type of Phone nCell nBusiness nHomenOther Email Address Account Mailing Address City State Zip Code Please send official notices relating to this permit to: ❑Mailing Address Email LICENSE HOLDER Provide information about who this license will be issued to First Name Last Name Primary Phone Number Type of Phone Cell Business nHome❑Other Alternative Phone Number Type of Phone Cell Business nHomenOther Email Address STEP 3. INFORMATION ABOUT ANIMALS TO BE KEPT ON PREMISES IN THE CITY LIMITS Type of animal requested: T7 Chicken T7 Duck Number of Birds to be kept: (Note: Roosters are not allowed.) NOTE: Limit of 3 birds applies unless you are involved in educational or instructional activity; up to 12 birds can be approved with information about the educational or instructional activity. Are you attaching any additional information or documentation to support a request for 4-12 hens? In Yes In No Location of coop and enclosed outside yard/run: Size of coop: Sized of enclosed outside yard/run: STEP 4. REQUIRED DOCUMENTS AND PAYMENT Attached scaled diagram indicating location of any coop or enclosed run from adjoining structures and property lines Yes ❑ No License fee of $36 submitted for a two year permit (Permit expires on Dec. 31St of its second year) nYes No COMPLETE THE REQUIRED NOTIFICATION AND VERIFICATION SECTION, INCLUDING REQUIRED. SIGNATURE, ON THE NEXT PAGE OF THIS FORM Office of the City Clerk www,rochestermn..g.oy. 507-328-2900 IIIceinses__..roclhesterm n.,.gov Last updated: 07/14/2023 Page 44 of 76 NI STEP 5+ TIFICATION AND VERIFIC TION The information collected and required as part of this application will be used to determine eligibility for a City of Rochester License or Permit. Disclosure of this information is voluntary. It is not legally required to provide requested data, however, failure to do so may mean the City of Rochester is unable to process this application. All information contained in this application is public information upon submission pursuant to the Government Data Practices Act, Minnesota Statutes Chapter 13. Individuals have the right to see and obtain copies of the data maintained on them, including private data, and also have the right to be told the contents and meaning of the data, and to contest the accuracy and completeness of the data. Notice of Ability to Sign up for Electronic Notifications of Proposed City Ordinances As an applicant for a license or permit or renewal of an existing license or permit, you are also hereby notified that the City of Rochester distributes general city information and notices through an electronic notification system, and you may sign up to receive notices through this electronic notification system on the City's website at N ttp. //www.._roc_hes..erm...ggyi.: wart.::, tQLslig.0 p_._(.oIr/el aul...uapda_ es This includes notice of proposed ordinances at least 10 days prior to final adoption by the City Council in accordance with Minn. Stat. 415.19. A SIGNATURE IS REQUIRED IN ORDER TO PROCESS YOUR LICENSE APPLICATION I, (print name) , have read and understand the above information regarding my rights as a subject of government data and that all information I provide as part of this application is public. I acknowledge I have been provided information about what is required for me as an individual to obtain a permit from the City of Rochester, and how to receive notifications of proposed City ordinances. I agree I will strictly comply with all ordinances of the City of Rochester relating to the permit for which I have applied, and understand I can review all current City ordinances on the City website or in the City Clerk's Office. I further understand that the giving of false information as part of this application, regardless of when it is discovered, or failure to meet the requirements set forth in RCO Chapter 3-4 or 3-5, including all requirements relating to coops and runs, can constitute cause for denial, suspension, or revocation of my permit. Signature of Applicant Date Office of the City Clerk www,rocheste_rmn..gov 507-328-2900 Ilicenses@rochste....n,.gov Last updated: 07/14/2023 Page 45 of 76 7/30/24, 3:57 PM Rochester, MN Code of Ordinances CHAPTER 3-5. - DUCKS Sec. 3-5-1. - Limitation on number allowed. (a) It is unlawful for any person to keep or harbor ducks on any premises unless issued a permit to do so as provided in this chapter. Except as provided in subsection (b) of this section, no permit shall be issued for the keeping or harboring of more than three ducks on any premises. (b) A permit may be issued by the common council for the keeping or harboring of up to 12 ducks if the applicant is involved in educational or instructional activity, and the need for the greater number of ducks is directly related to the educational or instructional activity. (Code 1965, § 113B.01; Ord. No. 4351.3, § 1, 8-6-2018; Ord. No. 4512, §§ 1, 2, 2-5-2024) Sec. 3-5-2. - 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: Duck coop means a structure for housing ducks made of wood or other similar materials that provides shelter from the elements. Duck run means an enclosed outside yard for keeping ducks. Premises means any platted lot or group of contiguous lots, parcels or tracts of land. (Code 1965, § 113B.011; Ord. No. 4351.3, § 1, 8-6-2018) Sec. 3-5-3. - Permit. No person shall maintain a duck coop and run unless they have been granted a permit by the city. The permit shall be subject to all terms and conditions of this chapter and any additional conditions deemed necessary by the city to protect the public health, safety and welfare. The necessary permit applications are available online and in the city clerk's office. Included with the completed application must be a scaled diagram that indicates the location of any duck coop and run, and the approximate size and distance from adjoining structures and property lines. A permit for the keeping of ducks may be revoked or suspended by the council for any violation of this chapter following written notice and a public hearing. The fee for a permit shall be established as part of the fee schedule adopted by the common council. Issued permits will be valid until December 31 of the following year. (Code 1965, § 113B.02; Ord. No. 4351.3, § 1, 8-6-2018; Ord. No. 4435, § 1, 7-19-2021; Ord. No. 4512, § 3, 2-5- 2024) about:blank Page 46 of 76 1/2 7/30/24, 3:57 PM Rochester, MN Code of Ordinances Sec. 3-5-4. - Confinement. Every person who owns, controls, keeps, maintains or harbors ducks must keep them confined at all times while in the city in a duck coop and duck run. Any coop and run shall be screened with a solid fence or landscaped buffer with a minimum height of four feet. Any coop and run shall be at least 25 feet from any residential structure on any other premises. (Code 1965, § 113B.03; Ord. No. 4351.3, § 1, 8-6-2018) Sec. 3-5-5. - Requirements for duck coops and runs. All duck coops and runs must be located at least 25 feet from any dwelling on any other premises. All duck coops must meet the requirements of the building and zoning codes, must not exceed ten square feet per duck, and must not exceed six feet in total height. Attached fenced -in duck runs must not exceed 20 square feet per duck and must not exceed six feet in total height. Duck runs may be enclosed with wood and/or woven wire materials, and allow ducks to contact the ground. Duck feed and manure must be kept in rodent -proof and raccoon -proof containers and must not be placed in yard compost piles. (Code 1965, § 113B.04; Ord. No. 4351.3, § 1, 8-6-2018) Sec. 3-5-6. - Conditions. No person who owns, keeps or harbors hen ducks shall permit the premises where the hen ducks 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 duck coop and run authorized by permit under this chapter may be inspected at any reasonable time by a city animal control officer or other agent of the city. (Code 1965, § 113B.05; Ord. No. 4351.3, § 1, 8-6-2018) Sec. 3-5-7. - Violations. Any person who keeps or harbors ducks in the city limits without obtaining or maintaining a current permit or after a permit has been suspended or revoked by council action shall be guilty of a petty misdemeanor. (Code 1965, § 113B.06; Ord. No. 4351.3, § 1, 8-6-2018) about:blank Page 47 of 76 2/2 your permit is appro O V Backyard chickens and other fo q.l IAD f"J UJ O E z Page 48 of 76 7/30/24, 3:46 PM Minneapolis, MN Code of Ordinances 63.90. - Fowl. (a) No person shall keep, harbor, or maintain care, custody, or control over any fowl such as a chicken, turkey, duck, or pigeon, without obtaining a permit. Any person desiring a permit shall make written application to MACC. Approval of application is subject to reasonable conditions prescribed by MACC. Failure to adhere to permit conditions shall constitute cause for adverse action against the permit and shall be a violation of this section. (b) MACC may grant a permit pursuant to this section only after the applicant has met any educational requirements as established and published by MACC and has provided evidence of notification to all immediately adjacent property owners, in a format supplied by or approved by and to the satisfaction of MACC. If the applicant is a renter, approval from the property owner shall be required. Neighbor notification will be the responsibility of the property owner, though it may be carried out by the applicant. (c) Fowl must be purchased or acquired in accordance with Minn. Statute Sections 70.40 and 74.100 and any other applicable law. (d) The requirements of this section shall not prohibit the adoption of fowl to the public by any releasing agency, private shelter, rescue group, or public sheltering agency provided the adoption contract specifies that the animal cannot be sold, transferred, or otherwise disposed of for a period of six (6) months following the adoption without written consent of the releasing agency, except for euthanization by a licensed veterinarian to prevent pain and suffering or disease transmission. (e) No person having the care, custody, and control of any fowl shall abandon said fowl or allow any fowl to run at large off the property of its owner or custodian. (f) All permits shall expire twelve (12) months from the date of issuance unless sooner revoked. The application fees for such permits shall be as established in the license fee schedule and shall be payable upon application. MACC may inspect the premises annually or as deemed necessary. (g) Permits shall be classified into three (3) tiers, with Tier I consisting of one (1) to six (6) hens, Tier II of seven (7) to fifteen (15) hens, and Tier III of sixteen (16) to thirty (30) hens, with associated fees as established in the license fee schedule. (h) Standards of care, practice, restrictions, and enclosure requirements include the following: (1) Residential coops, pens or other structures shall be limited to six (6) fowl of any kind per permit. Permits in excess of the allowable number shall need to be approved by MACC and may require additional conditions. (2) Location of coop, run, or pen must be in compliance with all zoning code requirements and enclosed to ensure fowl are confined to permittee's property. The enclosure must be of proper size for the number and type of fowl being housed as prescribed by MACC. about:blank Page 49 of 76 1/3 7/30/24, 3:46 PM Minneapolis, MN Code of Ordinances (3) Residential coops, pens, or other structures shall be an allowed accessory to a dwelling subject to the following: a. The use shall be located not less than twenty (20) feet from any habitable building on an adjacent property. b. The use shall be visually screened from any adjacent residential use. c. The use shall be constructed of durable materials and shall be compatible with the principal structure and adjacent residential properties. d. The use shall be located entirely to the rear of the principal residential structure. (4) Fecal waste or litter shall be removed at such reasonable times to prevent odors from emitting over property lines. Such waste or litter must be double bagged and disposed of in city garbage or composted provided the method used and the location does not present a public nuisance or health issue. (5) Slaughter of any kind shall be prohibited within the City of Minneapolis. (6) Roosters shall be prohibited without special permit. (7) A permit to keep more than six (6) fowl or to keep roosters shall require the written consent of at least eighty (80) percent of the occupants of the several descriptions of real estate situated within one hundred (100) feet of the applicant's real estate. Such written consent shall be required on the initial application and as often thereafter as MACC deems necessary. (8) Any coop found to be a public nuisance provided notice to abate the issues has failed to correct the issue within a reasonable time is prohibited and all permits associated with the coop may be revoked or denied. The coop and all fowl shall be removed by the property owner within forty-eight (48) hours of notice of the revoked or denied permit at the expense of the permit holder or applicant. (9) MACC may deny, suspend, revoke or take other authorized adverse action against any permit applied for or granted pursuant to this section if any condition or requirement is violated or if the keeping of fowl becomes a public nuisance or for other good cause. (10) Public nuisance for the purpose of coops includes, without limitation, any chicken coop that on three (3) or more occurrences in a twelve (12) month period receives complaints of noise, odor, or any other violation from more than one complainant, provided the complaints are founded and established by MACC. (11) No person, business, or entity shall maintain or cause to be maintained any commercial business related to the keeping of fowl on residential property unless otherwise permitted by the City of Minneapolis. If so permitted, commercial coops must: a. Maintain any applicable business license, health department permit, zoning permit, and permit issued by the MACC. about:blank Page 50 of 76 2/3 7/30/24, 3:46 PM Minneapolis, MN Code of Ordinances b. Be limited to thirty (30) fowl of any kind with at least four (4) square feet provided for each fowl housed inside the physical coop and ten (10) square feet for each fowl while housed in outside run. c. Be maintained in such a manner as to prevent a public nuisance. d. Comply with all zoning and health regulations as well as any other applicable law. e. Be properly identified as required by MACC. f. Provide adequate care, as defined in this title. g. Provide adequate safeguards to protect the fowl from animals and to prevent unauthorized access to the fowl by general members of the public. h. Be kept in good repair, maintained in a clean and in a sanitary condition, and free of any vermin, obnoxious smells, and substances. (Ord. No. 2016-009, § 1, 2-12-16) about:blank Page 51 of 76 3/3 Aurora adds ducks to list of permitted pets as long as these rules are met Aurora City Council voted Monday night to allow domesticated ducks in city limits II LITTLETON, COLORADO — JUNE 15: Ducks and ducklings lounge by a stream in Denver Botanic Gardens' Chatfield Farms facility in Littleton, Colorado, Wednesday, June 15, 2022. (Photo by Jintak Han/The Denver Post) By SAJA HINDI I The Denver Post UPDATED: August 24, 2022 at 3:51 p.m. Aurora residents could soon keep domesticated ducks on their properties after the Aurora City Council approved the measure Monday night. Council members voted 9-1 in favor of the measure on first reading, with Councilman Curtis Gardner voting against it. The second vote is likely slated for Sept. 12, according to city staff. Duck owners must abide by certain requirements: They have to keep a minimum of two ducks as the ducks are social animals; single-family properties that are less than 20,000 square feet can have up to six chickens or two ducks and four chickens; single-family properties with 20,000 or more square feet can have up to eight Page 52 of 76 chickens or two ducks and six chickens or three ducks and five chickens, or four ducks and four chickens. Roosters will still not be allowed on residential properties within city limits. The ducks and chickens — which were already allowed — have to have a covered "predator -resistant" house in a fenced -in yard that's at least 2 square feet per hen or duck and the chicken and hens must have access to the coop and outdoor enclosure during the day. At night, they have to be secured inside from dusk to dawn. They also have to be sheltered so "as to prevent them from coming into contact with wild ducks or geese or their excrement, and to prevent them from running at large." From April through October, ducks have to have access to a single container with a minimum of 30 gallons of fresh potable water, according to the ordinance. And owners will have to get a city permit. While the City Council had serious questions about ducks running into other people's yards and water features, they also took advantage of the opportunity to use as many puns as possible during the discussion. At one point, Mayor Pro Tern Francoise Bergan asked, "do you have any concerns about quackery?" Page 53 of 76 V Fencing Exhibit opol111111P1110,4flopq 11110 11011111111111116Himuilloloonllllllll voolo co >- 0 L U co 2 w L cO d) c • y a) _C C L _c c• — ^W u! O a) o o a-. CO Q E • C Q LL LL < Page 54 of 76 View looking Southeast July 2024 View looking Southwest July 2024 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 0,0000000000000000000000000,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 00(((((((1���������������������������11111111111 0 000000000000000,00 0,00/0/0/////////000„0” , ,,;,0, 0loiml»»»», i I, ,, , 010 Page 56 of 76 1,00,1 View looking East July 2024 uui iitjjjjjjjjii��������' 111111111 mV v �I�kgomry, oo a co N- N - 0_ r— '5 co Lo a) 0) as d Staff Photos from June 2024 i l Il�ll�lll��lll�lllf �,�1 111111111111111111111 Staff Photos from June 2024 Page 60 of 76 Page 61 of 76 Page 62 of 76 Au trganglillielnientld Staff Photos from April 2024 Page 63 of 76 130.04 Other Animals Definitions. For the purpose of this section., the following definitions shall apply unless the context. clearly indicates or requires a different meaning, OMESTIC ANIMAL. Any of the following animals: I. Domestic dogs, excluding hybrids with wolves., coyotes, or jackals; 2. Domestic cats, excluding hybrids with ocelots or margays; 3. Farm animals; 4. The following other mammals: chinchillas; pot bellied pigs; and pygmy goats; 5. The following rodents: rabbits; guinea pigs; hamsters; gerbils; mice; and rats; 6. The following reptiles:: iguanas; ano➢es; chameleons; non -venomous snakes; terrapins; turtles; and tortoises; 7.. The following amphibians:: frogs; toads; and newts; 8. That to➢➢owing bird: captive -bred species of common cage birds, including parakeets; finches; love birds; cloves; parrots; cocka.atie➢s; cockatoos; 9. Nonpoisonous spiders; 10. Hermit crabs; and 11. Fish. h. W I@. l) ANIMAL Any animal other than a domestic animal. 2. Keeping. It is unlawful for any person to keep any wild animal in any part of the city. It is unlawful for any person to keep any animal which is not approved by the t1.S. Department of Agriculture, or the State Department of Natural Resources, in any part of the city. Except as otherwise allowed. in division. (H) below, farm animals, pot bellied pigs, and pygmy goats may be kept only in that portion of the city zoned for agricultural purposes or where these animals are a permitted, conditional., or accessory use.. 3. Housing. It is unlawful for any .person to keep any domestic or wild animal in any structure infested by rodents, vermin, flies, or insects. 4. Treatment. It is unlawful for any person to treat any domestic or wild animal in a cruel or inhumane manner. 5. Restraint and confinement. It is unlawful :for any person to permit any animal to run at large. 6. Trespasses. It is unlawful for any person to herd, ride, or drive any animal over and upon any grass, turf, boulevard, city park, cemetery, garden, or lot without specific permission therefor :from the owner. 7. Biting animals. 1. Animals bites human being. 1. Whenever any animal within the corporate limits of the city has bitten any human ibei_ng, and such animal is of a species which can carry rabies, the city shall impound. such animal for a period of 10 days separate and apart from. other animals until it is determined whether the animal had or has rabies. If the animal its found to be rabid it shall be destroyed. flit is found not to be rabid, it shall be returned to the owner provided the owner shall first pay for the cost of keeping said animal. If the owner does not claim or retrieve the animal, the animal may be disposed of as provided in this code of ordinances. 2. Whenever the city can determine the person owning, possessing or harboring the animal that has bitten the human being, the city may permit the owner to impound. such animal for a period of 10 days separate an.d apart from other animals under the supervision of a licensed veterinarian until it is determined whether the animal Page 64 of 76 had or has rabies. If the animal is rabid, it shall be destroyed. In all cases, the city shall make the determination of how the animal shall be impounded, and shall base its decision upon the owner's ability to properly impound the animal, and the current rabies vaccination. status of the animal. 2. Animal (rites anima/. Any animal known to have been bitten or exposed to rabies shall be impounded or destroyed; provided, however, that such animal may be immediately destroyed, if with reasonable effort it cannot first be taken up and impounded. If such an animal is irmpounded, it shall not be destroyed if the owner makes provision for suitable quarantine for a period of not less than 6 months, or proof of itmmunization is furnished and booster injections are given by a licensed veterinarian at the expense of the owner, lien chickens. U. No more than 5 hen chickens are allowed on any parcel of land in the city. 2. 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'tun. Hen chickens are not allowed in any part of a house or garage. 3. Any chicken coop or chicken run must comply with all applicable building and zoning codes and regulations. 4. No chicken coop or run shall be constructed on any parcel of hind before construction of the principal building. 5. A chicken coop or run cannot be located in the front or side yard. 6. A chicken coop or run must be setback at least .50 feet from any residential structure on any adjacent lot and at least 10 feet from the property line. 7. A chicken coop or run must be screened from view with a solid :fence or landscaped buffer with a 'minimum height of 4 feet.. 8. A chicken coop can be no larger than ➢ 0 square feet per chicken and cannot exceed 6 feet in height. A chicken run cannot exceed 20 square feet per Chicken and the fencing cannot exceed 6 feet in height. A chicken run may be enclosed with wood or woven wire materials, and may allow chickens to contact the ground.. A chicken run must have a protective overhead netting to keep the chickens separated from other animals.. 9. A chicken coop must be elevated a minimum of 12 inches and a u iaxirnn urn of 211 inches above grade to ensure circulation 'beneath the coop. 10, Chicken grains and feed must be stored in rodent -proof containers. 11, No chicken may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor, or :filth. 12. Any chicken running at large may be impounded by the city and, after being impounded for 3 days or more without: being reclaimed by the owner, may be destroyed or sold. A. person reclaiming any impounded chicken must pay the cost of impounding and keeping the same. AGRICULTURAL USE. Allowed only in AG Zone The use of land for the growing or production of field crops, livestock, or livestock products, including, but not limited to, the billowing 'Field crops such as barley, soy beans, corn, hay, oats, potatoes, rye, sorghum, and sunflowers; Livestock such as dairy and beef cattle, goats, horses, ponies, sheep, hogs, poultry, game birds, dogs., deer, rabbits, mink, and bees; or Livestock products such as milk, butter., cheese, eggs, meat, fur, and honey. Page 65 of 76 Page 66 of 76 6.C. Shakopee Board of Adjustments and Appeals August 8, 2024 FROM: Mark Noble, Senior Planner TO: Board of Adjustment and Appeals Subject: PUBLIC HEARING - Setback Variance of ISTS from Bluff Impact Zone Policy/Action Requested: Approve Resolution NO PC2024-010, a resolution approving the Variance of the bluff setback to allow an Individual Sewage Treatment System (ISTS) six (6) feet from the bluff impact zone, where 50' is the minimum required setback per City Code. Recommendation: Approve the requested staff recommendation. Discussion: Dale Denn, Homestead Septic, applicant, and Lincoln Castle, property owner, have made application for a variance for property located at 4935 Eagle Creek Boulevard. VARIANCE CONSIDERATION The applicant is proposing to construct a new Individual Sewage Treatment System (ISTS) for the property owner at 4935 Eagle Creek Blvd., as the current septic system is failing and the property owner is experiencing substantial backing up of their sewer. The City, applicant, and County have spent considerable time trying to locate a new septic system that would meet all of the criteria, with the proposed plan the best alternative that addresses the issue and would be the most acceptable location due to the limitations from the current system, setback limitations to their and adjacent properties wells, and the existing bluff along the rear of the property. There are no plans by the City to install public sanitary service lines for this or the adjacent property in the near future due to the significant distance from an existing service. The cost to extend services and hook up to city sanitary for just this one property would be not feasible. Bluff is defined as a topographic feature such as a hill, cliff, or embankment with an average Page 67 of 76 slope of more than 18% over a distance of 50 feet. The Bluff Impact Zone is defined as the bluff and land located within 20 feet from the top of a bluff. The attached site aerial identifies the location of the bluff on this property. The applicant has provided a concept site plan showing what is being proposed, and a short narrative supporting this proposal. City Planning does not feel that this replacement system will adversely affect this and the adjacent properties. What is proposed is the least impactful option, and is generally supported by the city and Scott County. FINDINGS: Section 151.015, Subd. B, of the City Code contains provisions for the granting of variances only if all of the following circumstances are found to exist. Staff has provided draft findings for purposes of discussion by the Board. The Board may use or modify these draft fmdings as it sees fit, as well as propose other findings. Criterion 1 Criterion 1 The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: 1.A. The property owner proposes to use the property in a reasonable manner not permitted by an official control; Finding 1.A. The applicant is proposing a reasonable use of the property, in a manner that is consistent with the spirit and intent of the City Code requirements. The property owner is experiencing a failing sewage system, and construction of a replacement system that could meet all city and county requirements is not possible. The design they are proposing is the least impactful to this and surrounding properties. 1.B. The plight of the landowner is due to circumstances unique to the property; Finding 1.B. The proposed replacement system in the location identified is the only option available to them. The property is narrow and the bluff is close to the rear of the residential structure. The well for this property and adjacent homes are in the front yard and locating this system would in the front yard would not allow for compliance with setbacks to the wells. 1.C. The circumstances were not created by the landowner; Finding 1.C. The landowner did not create this situation. They are only dealing with how to install a new system that minimizes impacts on adjacent properties and the bluff impact zone. 1.D. The variance, if granted, will not alter the essential character of the locality; and Finding 1.D. The variance will not alter the character of the area as the replacement system will generally be in the same location as the existing failing system, albeit slightly closer to the bluff impact zone. Page 68 of 76 1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding 1.E. The problems extend beyond economic considerations. They include physical limiting considerations. Criterion 2: It has been demonstrated that a variance as requested will be in harmony with the general purposes and intent of the chapter. Finding 2 The proposed variance would be in hatuiony with the general purpose and intent of Chapter 151 (Zoning). Criterion 3 The request is not for a use variance. Finding 3: The request is not a use variance. Criterion 4 Conditions to be imposed by the Board of Adjustment and Appeals will ensure compliance to protect the adjacent properties. Finding 4: Should the Board support this request, they should provide conditions that would ensure some foriii of protection of the adjacent properties. Criterion 5 Variances in the flood plain overlay zone also shall meet additional criteria: Finding 5: (Not applicable since the property is not within the flood plain overlay zone.) ATTACHMENTS: • Resolution PC2024-010 • Narrative • Septic Drawing • Site Aerial Page 69 of 76 RESOLUTION NO. PC2024-010 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A VARIANCE REQUEST TO CITY CODE SECTIONS 54.15.C.8 AND 151.007.J.4.M FOR PROPERTY AT 4935 EAGLE CREEK BOULEVARD. WHEREAS, Dale Denn, Homestead Septic, applicant, and Lincoln Castle, property owner, have made application for a Variance of the bluff setback to allow an Individual Sewage Treatment System (ISTS) six (6) feet from the bluff impact zone, where 50' is the minimum required setback per City Code; and WHEREAS, the property upon which the requests are being made is legally described as: East 100 feet of the West 825 feet of Section 15, Township 115, Range 22, Scott County, Minnesota; and WHEREAS, all required public notices regarding the public hearing for the application were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee did review the application on August 8, 2024 and adopted the following findings: Findings for the Variance Request to City Code Sections 54.15.C.8 and 151.007.J.4.M.: Criterion 1 The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: 1.A. The property owner proposes to use the property in a reasonable manner not permitted by an official control; Finding I.A. The applicant is proposing a reasonable use of the property, in a manner that is consistent with the spirit and intent of the City Code requirements. The property owner is experiencing a failing sewage system, and construction of a replacement system that could meet all city and county requirements is not possible. The design they are proposing is the least impactful to this and surrounding properties. 1.B. The plight of the landowner is due to circumstances unique to the property; Finding 1.B. The proposed replacement system in the location identified is the only option available to them. The property is narrow and the bluff is close to the rear of the residential structure. The well for this property and adjacent homes are in the front yard and locating this system would in the front yard would not allow for compliance with setbacks to the wells. 1.C. The circumstances were not created by the landowner; Finding 1.C. The landowner did not create this situation. They are only dealing with how to install a new system that minimizes impacts on adjacent properties and the bluff impact zone. Page 70 of 76 1.D. The variance, if granted, will not alter the essential character of the locality; and Finding 1.D. The variance will not alter the character of the area as the replacement system will generally be in the same location as the existing failing system, albeit slightly closer to the bluff impact zone. 1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding I.E. The problems extend beyond economic considerations. They include physical limiting considerations. Criterion 2: It has been demonstrated that a variance as requested will be in harmony with the general purposes and intent of the chapter. Finding 2 The proposed variance would be in harmony with the general purpose and intent of Chapter 151 (Zoning). Criterion 3 The request is not for a use variance. Finding 3: The request is not a use variance. Criterion 4 Conditions to be imposed by the Board of Adjustment and Appeals will ensure compliance to protect the adjacent properties. Finding 4: Should the Board support this request, they should provide conditions that would ensure some form of protection of the adjacent properties. Criterion 5 Variances in the flood plain overlay zone also shall meet additional criteria: Finding 5: (Not applicable since the property is not within the flood plain overlay zone.) NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the variance to City Code Sections 54.15.C.8 and 151.007.J.4.M is hereby approved, subject to the following conditions: 1. The design of the proposed replacement ISTS shall be similar to the plan submitted, and subject to final review/approval by the City and Scott County at time of building permit. 2. A certified land survey shall be required at time of building permit to ensure the setbacks proposed are met. 3. Obtain a grading permit prior to ground disturbance. 4. Install tree protection fencing at the drip line of all trees proposed to be protected, and install erosion control fencing at perimeter of project to ensure minimal erosion and ground disturbance of the bluff impact zone. Page 71 of 76 Adopted in the regular session of the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, held the 8th day of August, 2024. Chairperson, Board of Adjustment and Appeals ATTEST: Michael Kerski, Director of Planning and Development PREPARED BY: City of Shakopee 485 Gorman Street Shakopee, MN 55379 Page 72 of 76 Mark Noble From: Sent: To: Subject: Attachments: Mark, Dale Denn <Homesteadseptic@outlook.com> Monday, June 24, 2024 1:23 PM Mark Noble 4935 Eagle Creek Road Detailed Septic Drawing 4935 Eagle Creek Blvd - Detailed Septic Drawing.pdf Here is both an aerial shot with contours for accuracy and a fairly detailed, scaled, and accurate drawing of the proposed septic Mound and Tanks for this property. As can be seen, the lot is narrow and the bluff and unusable soil take up most of the lot in the back. The well is in the front and the setback leaves no room to work with in the front. The siting of the Mound is absolute and has no other options or wiggle room. The number of bedrooms is being reduced from 5 to 4 to even get this system in and meet property line setbacks. Please review at your convenience and contact me to discuss what action is needed out of your department. Thanks, Dale Denn HomeStead Septic 612-310-7887 1 Page 73 of 76 046 Poo 725 A Page 74 of 76 Page 75 of 76 nyti \ / � \ \ ` e': �$