HomeMy WebLinkAbout08/13/13City of Farmington
430 Third Street
Farmington, MN 55024
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) May 14, 2013 Regular Meeting
b) June 11, 2013 Regular Meeting
c) July 9, 2013 Regular Meeting
3. PUBLIC HEARINGS
a) Urban Chicken Permit Application
Applicant: Zinaida Goncharenko
18057 Everglade Court
Farmington, MN 55024
4. DISCUSSION
a) Property Maintenance Ordinance draft
5. ADJOURN
AGENDA
PLANNING COMMISSION
August 13, 2013
7:00 P.M.
CITY COUNCIL CHAMBERS
A Proud Past A Promising Future
Committed to Providing High Quality,
Timely and Responsive Service to All
Of Our Customers
Planning Commission, July 9, 2013, pg 2
5. Adjourn
MOTION by Primmer, second by Bjorge to adjourn at 7:30 PM APIF, MOTION
CARRIED.
Respectfully submitted,
Sue Miller
Administrative Assistant
Approved
TO:
FROM:
SUBJECT:
DATE:
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
Planning Commission
Tony Wippler, Assistant City Planner
Urban Chicken Permit Zinaida Goncharenko 18057 Everglade Court
August 13, 2013
INTRODUCTION
Zinaida Goncharenko is seeking approval of an Urban Chicken Permit. The subject property is 18057 Everglade Court.
Planning Division Review
Site Address: 18057 Everglade Court
Applicant: Zinaida Goncharenko
18057 Everglade Court
Farmington, MN 55024
Property Owner(s):
Attachments:
Legal Description:
Lot Area:
Existing Land Use:
Surrounding Land Uses:
Existing Zoning:
DISCUSSION
Zinaida Goncharenko
18057 Everglade Court
Farmington, MN 55024
1. Application (Ex. A)
2. Site Plan aerial (Ex. B)
3. Coop picture (Ex. C)
4. Section 10 -6 -29 of City Code (Ex. D)
Lot Seven (7), Block Two (2), DEER MEADOW 2 ADDITION
0.24 acres (10,454 sf
Single family residence
Single- family dwellings are adjacent to the north, east, and south. Ponding area owned
by the City is adjacent to the west.
R -1 (Low Density Residential)
Zinaida Goncharenko has applied for an Urban Chicken Permit. The permit is requesting the keeping of three (3) hen chickens on the
property located at 18057 Everglade Court. The applicant, prior to submitting for an urban Chicken Permit, had been keeping birds on
the premises, including two geese, a rooster, and several hen chickens. The situation was brought to the City's attention by a
complaint. There is an existing coop on site that had been previously constructed (Ex. C). The coop is approximately 52 square feet
in size (8' x 6.5') with a height of eight (8') feet. Section 10 -6 -29 (K)7states that coops must have a maximum size of ten (10) square
feet per chicken with a maximum height of eight (8') feet. The code allows for a maximum of three hen chickens, therefore, the
largest a coop could be is 30 square feet. The existing coop exceeds this requirement by 22 square feet. The Commission will have to
determine whether they will allow the existing coop to remain as a grandfathered nonconforming structure or require that the coop be
reduced to the required 30 square feet. Staff's recommendation is that the coop, if the permit is approved, be reduced to the 30 square
feet maximum that is allowed by code.
As shown on the attached aerial (Ex. B), the coop is currently located on the northern side of the home adjacent to a deck. Code
requires that the coop be placed in the rear of the property. The current location of the coop does not meet this requirement as it is
located in the side yard of the property. Again, this is an existing coop that the Commission must determine if it will be allowed to
remain in its current location as a grandfathered nonconforming structure. Staff's recommendation is that the coop be moved to the
rear of the property in a location acceptable to City staff as there is ample room in the rear of the property to accommodate the coop
and maintain the required setback of twenty-five (25') feet from any adjacent home.
Lot coverage is not an issue with this request. The lot coverage with the existing coop, which is larger than allowed by code, will be
approximately 19.16 The maximum lot coverage allowed in the R -1 Zoning District is 30
Section 10- 6- 29(K)6 of the City Code states that any coop or run shall be screened from view with a solid fence or landscape buffer
with a minimum height of four (4') feet. The northern property line is fenced with chain link as the properties to north have chain link
fences around their rear yards. The remainder of the yard is unfenced. A condition, if the permit is approved, will be that a landscape
buffer of at least four (4') feet in height be installed near the coop in a location acceptable to City staff.
ACTION REQUESTED
Approve the Urban Chicken Permit subject to the following conditions:
1. A renewal permit shall be applied for and administratively approved every year after the Urban Chicken Permit has been
approved that chickens are kept on the property.
2. That the existing coop be reduced from 52 square feet to the maximum allowed size of 30 square feet.
3. That the coop be relocated to the rear of the property in a location that is acceptable to City staff.
4. A landscape buffer of at least four (4') feet in height must be installed near the coop in a location acceptable to City staff.
5. All other domestic fowl (rooster and geese) shall be removed from the premises.
6. All other requirements specified in Section 10 -6 -29 of the City Code shall be abided by.
Respectfully submitted,
erAti
Tony Wippler, Assistant City Planner
Cc: Zinaida Goncharenko, 18057 Everglade Court
1
URBAN CHICKEN PERMIT APPLICATION
1
Please identify coop and run information on a scaled site plan or property survey that shows lot lines, structures
and existing conditions.
Site Address for chickens:
The above referenced property's Homeowner's Association rules, if any, do not prohibit the keeping of chickens on the
property: (please initial) Yes /�1 No Not Applicable p
Applicant: Zi �l d(�" Vciiik /C1 Phone: g 3 Aloe(
Address:
Street City State Zip Code
Property Owner Name:
Address:
Property Owner Signature
(If different than applicant):
Current Zoning District:
Current Land Use:
IS O 7 f a e le- C/-
Street City
fz`
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.cifarmington.mn.us
1
r jJ[ 1 2013
Phone:
State Zip Code
Date:
Coop/Run Information
Number of Chickens:
Dimension of chicken coop: I
Dimension of chicken run: !'1 14
Will a fence be added in addition to the coop and run? Yes
8' MA- (detailed plans elevations required)
(detailed plans elevations required)
Description of exterior materials for the coop and run: S 'O P
Xtfr �.�rL
If yes, describe Location, size and materials for fence:
Request submitted to Planning staff on
FOR OFFICE USE ONLY
Public Hearing set for:
Advertised in Local Newspaper:
Planning Commission Action:
Approved Denied
Fee Paid
City Council Action (if necessary):
Approved Denied
$100
Date for Renewal, if approved:
Comments:
Conditions Set:
Planning Division:
Date:
I hereby acknowledge that this information is complete and accurate; that the work will be in conformance with the
ordinances and codes of the City of Farmington; that I understand this is not a permit, but only an application for a permit.
I acknowledge that structures will be constructed in accordance with the approved plans.
Applicant's Printed Name
Applicant's Signature
Date
2
DRAFTED BY:
City of Farmington
430 Third Street
Farmington, MN 55024
Dakota County, MN
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a
legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
Dakota County assumes no legal responsibility for the information contained in this data.
Map Scale
1 inch 32 feet
8/8/2013
10 -6 -29: CHICKENS ON URBAN RESIDENTIAL LOTS:
Page 1 of 3
(A) Permit Required: An urban chicken permit shall be required for the keeping of any hen chickens on
residential property less than two and one -half (2 acres in size, provided said property is zoned R -1
(low density residential) and has a minimum lot size of ten thousand (10,000) square feet. The keeping
of chickens on lots two and one -half (2 acres and larger are regulated under section 6 -4 -2 of this
code. An urban chicken permit requires a public hearing be held by the board of adjustment after a fee,
established by the city council, is paid and all adjacent property owners are notified. Supporting
information /documents to be submitted to the planning division with an urban chicken permit
application are:
1. Number of chickens to be kept on the property.
2. Site plan or property survey showing the proposed location of the chicken coop and /or chicken run
on the subject property.
3. To scale building plan, including elevations, of the proposed coop and /or run.
(B) Duration Of Permit: The urban chicken permit shall be valid for one year from the date of board of
adjustment approval. A renewal permit will be required every year after the initial board of adjustment
approval that chickens are kept on an approved residential lot. An application for a renewal permit
shall be filed with the city thirty (30) days prior to the expiration of the current permit. The urban
chicken permit may be terminated or not renewed for violations of the ordinance following notice to the
permit holder and an opportunity for a hearing at the board of adjustment.
The renewal permit will be reviewed and approved administratively. The fee for a renewal permit will
be established yearly by the city council.
(C) Automatic Termination Of Permit: If the owner of hen chickens, who has an approved permit, moves
from the premises approved for said hens the urban chicken permit shall automatically become null
and void.
(D) Limitation On The Number of Chickens: No person shall keep on any single family residential property
more than three (3) total hen chickens.
(E) Three Or More Dwelling Unit Properties: Chickens are not allowed on properties that contain three (3)
or more dwelling units.
(F) No Roosters: No person shall keep roosters, or adult male chickens, on any residentially zoned
property less than two and one -half (2 acres in size.
8/8/2013
(G) No Cockfighting: Cockfighting is specifically prohibited within the city.
(H) No Slaughtering: The slaughter of chickens is prohibited on residentially used or zoned properties.
Page 2 of 3
(I) Ownership Occupancy: The owner of the chickens shall live on the property on which they are being
kept.
(J) Confinement: Every person who owns, controls, keeps, maintains or harbors hen chickens must keep
them confined on the premises at all times in a chicken coop or chicken run while in the city. Chickens
are not allowed to be located in any part of the home and /or garage.
(K) Shelter And Enclosure Requirements: Chickens shall be properly protected from the weather and
predators and have access to the outdoors in an enclosure or fenced area. The shelter and /or
enclosure shall meet all of the following requirements:
1. Any chicken coop and run fencing must be consistent with building and zoning codes.
2. No chicken coop or run shall be constructed on any urban residential lot prior to the time of
construction of the principal structure.
3. One chicken coop and /or chicken run will be allowed per residential lot provided the maximum lot
coverage of the underlying zoning district is not exceeded.
4. Chicken coops and runs shall not be located in the front or side yards and shall not be placed within
any drainage and utility easements found on residential lots.
5. Any chicken coop or run shall be set back at least twenty five feet (25') from any principal structure
on adjacent lots and a minimum of ten feet (10') from all property lines.
6. Any chicken coop or run shall be screened from view with a solid fence or landscaped buffer with a
minimum height of four feet (4'). All fencing shall be in accordance with section 10 -6 -12 of this
chapter.
7. All chicken coops must have a maximum size of ten (10) square feet per chicken and must not
exceed eight feet (8') in total height. Fenced in chicken runs must not exceed twenty (20) square feet
per chicken and fencing must not exceed six feet (6') in total height. Chicken runs may be enclosed
with wood and /or woven wire materials, and may allow chickens to contact the ground. Chicken runs
must have a protective overhead netting to keep the chickens separated from other animals.
8. Chicken coops must be elevated a minimum of twelve inches (12 and a maximum of thirty six
inches (36 above grade to ensure circulation beneath the coop.
9. Chicken grains and feed must be stored in a rodentproof container.
8/8/2013
Page 3 of 3
(L) Conditions /Maintenance And Inspection: No person who owns, controls, keeps, maintains or harbors
hen chickens shall permit the premises where the hen chickens 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 to be carried to adjacent public or private property. Any chicken coop and chicken run
authorized under this section may be inspected at any reasonable time by the city. (Ord. 013 -660, 3 -18
-2013)
8/8/2013
TO: Planning Commission
FROM: Tony Wippler, Assistant City Planner
SUBJECT: Draft Property Maintenance Code
DATE: August 13, 2013
INTRODUCTION
DISCUSSION
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
Attached, for discussion purposes only, is a "working" draft of a proposed ordinance amendment to Section 4 -5 -5 of the City Code
related to property maintenance.
The Commission and City Council met on June 10, 2013 to determine what the expectations for this type of ordinance are and how the
product outcome will look. The Commission on July 9, 2013 also had additional discussion on trigger points for determining when a
structure may be in non compliance of the proposed ordinance. At that meeting, the Commission determined a trigger of between
25% 35% of a given wall should be used.
The attached draft property maintenance ordinance attempts to address the exterior appearance of residential structures and to provide
a mechanism to have non compliant structures brought into compliance.
The main components of the revised draft ordinance are as follows:
Provides a trigger point for noncompliance of 25% for painted areas, missing siding, missing or loose pointing of any brick or
stone wall, stucco walls.
All exterior building structure projects that require a building permit must be completed within six (6) months of building
permit issuance;
Outlines the duties and powers of the City's Building Official or designee in regards to the enforcement of this ordinance;
Establishes a procedural process for notifying the owner of the non compliant structure.
Establishes a violation for non compliance.
ACTION REQUESTED
Discuss the attached ordinance amendment and provide feedback to staff.
Respectfully submitted,
b
Tony Wippler, A sistant City Planner
(ADDITIONS ARE IN RED)
4 -5 -5: RESIDENTIAL PERFORMANCE STANDARDS:
(A) Uniform Building Code: All residential units shall meet applicable requirements of
the CABO One and Two Family Dwelling Code, 1986 Edition, which has been
adopted by reference by the City.
(B) Dwelling Unit Restrictions:
1. No garage, tent, accessory building or motor home shall c any time be used as
living quarters, either temporarily or permanently.
2. Basements and cellars may be used as living qi
principal residential dwelling. Energy conse
housing shall be exempt from this provision
3. Tents, playhouses or similar structure
purposes such as children camping out o
4. The minimum dimension of C ana art of the b
(22'). This shall not be construprohibit small
restrict architectural design flexi grity.
5. All dwellin g u e design
x
complying w' e um buildin
(C) Accessory Buil
1.
accessory buildings.
(b) Gre
buildif
1
I's or
esigns s
s as a portion of the
earth sheltered
or play or recrnal
welling shall be twenty two feet
Zdividual room additions or to
permanent foundations
accessor r ildings that shall be permitted on each
cre But Less Than Two Acres: Three (3) accessory
(c) Greater Than Two Acres But Less Than Three Acres: Four (4) accessory
buildings.
(d) Accessory Buildings: All accessory buildings shall comply with lot coverage
and size limitation requirements under the city zoning ordinance 2
2. The same or similar quality exterior building material shall be used in the
accessory and principal building. All accessory buildings shall also be compatible
with the principal building to the extent that the exterior appearance of the
accessory building is not at variance with the principal building from an aesthetic
and architectural standpoint.
3. Accessory buildings exceeding one hundred twenty (120) square feet in floor area
shall be designed for placement on a permanent foundation complying with the
uniform building code.
4. The height of an accessory building shall be measured from the mean ground level
to the uppermost point of the roof. Except as expressly permitted by a conditional
use permit, accessory buildings shall be limited to twenty feet (20') in height. (Ord.
093 -319, 12 -6 -1993)
(D) Property Maintenance
Purpose: To ensure that the exterior appearance of resi etr tructures are
maintained in an acceptable manner and do not become a chro ttt. nuisance, life safety
issue or substantially diminish property values.
1. General Requirements
(a) Scope: The provisions of this section shall govern the minimum conditions and the
responsibilities of persons fore exterior maintenance of structures.
(b) Responsibility: The owner oft pr e*mises shall maintain the structures in a safe condition
emcnts of this section.
that is in compliance with the req
2. Exterior Building
(a) General: The exterior of a building structure shall be maintained in good repair,
structurally sound and sanitary so as not to pose a threat to the public health, safety or
welfare.
(b) Structure. The toundation. exterior walls, exterior roof, and all appurtenances thereto shall
be kept in sound condition and repair. [he foundation must adequately support the building
at all points. Lxteriur walls shall be maintained and kept free from decay, dilapidation by
cracks, tears or breaks from deteriorated plaster, stucco, brick, wood, vinyl, aluminum and
steel siding, or other material that is extensive and shows evidence of neglect. The
protective surface on exterior walls of a building above ground level must be maintained
and in repairr so as to provide a sufficient covering and protection of the structural
surface a'against its deterioration. Without limiting the generality of this
tective surface of a building shall also be deemed to be out of re
subdivisior►�.ti g air if: p
The protective surface is paint which is blistered or peeled to an extent of more than
twenty -five percent (25 of the area of any place or wall or other area including windows,
trims, cornices, railings, and other such areas;
More than twenty -five percent (25 of a wall that is protected by vinyl, aluminum or steel
siding that is revealing any part of the underlying structure.
More than twenty -five percent (25 of the pointing of any chimney or the pointing of any
brick or stone wall is loose or has fallen out; or
2
More than twenty -five percent (25 of the finish coat of a stucco wall is worn through,
chipped away, broken, or damaged, revealing the metal lathe or any part of the underlying
structure.
(c) Completion of Exterior Building Structure Projects: All exterior building structure projects
requiring a building permit (including, but not limited to, siding) must be completed and
pass inspection by the City's Building Official within six (6) months of building permit
issuance.
3. Duties and Powers of the Building Official or designee.
(a) General. The Building Official or designee shall enforce the *ions of this section
(b) Right of Entry. The Building Official or designee is authorized to enter the premises or
structure at reasonable times to inspect subject to constitutional restrictions on unreasonable
search and seizures. If entry is refused or not obtained, the Building Official or designee is
authorized to pursue recourse as provided by law.
(c) Identification. The Building Official or designee shall carry proper identification when
inspecting structures in the performance of duties under this section.
(d) Notices and Orders. The Building Official or'desigi*'shall issue all necessary notices or
orders to ensure compliance wit this section.
(e) Modifications. Whenever there are practical difficulties involved in carrying out the
provisions of this section, the Buildinu Official or de shall have the authority to grant
modifications for individual cases. the Building Official or designee shall first find that
strict comptianw is section impose an undue hardship on the owner, and that the
modification does en the health, aesthetic, life and fire safety requirements.
Modifications shall only ate to an extension of time to remedy the violation; no
modification from specif ode requirements shall be granted.
(b) F
1. Be in
4. Noticed Orders.
(a). Notice to Owner or to Person or Persons Responsible. Whenever the Building Official or w designee determines that flOs. has been a violation of this section or has grounds to believe
at a violation 1 occurre entice shall be given to the owner or the person or persons
onsible therefore in the manner prescribed in subsections (b) and (c) of this subsection.
h noti* escribed in subsection (a) of this section shall:
2. Include a description of the real estate sufficient for identification;
3. Include a statement of the violation or violations and why the notice is being issued;
and
4. Include a correction order allowing a reasonable time to make the repairs and
improvements required to bring the structure into compliance with the provisions of
this section.
(c) Method of Service. Such notice shall be deemed to be properly served if a copy thereof is;
3
I Delivered personally; or
2. Sent by certified or first -class mail addressed to the owner at the last known address; or
3. If the notice is returned showing that the letter was not delivered, a copy threreof shall
be posted in a conspicuous place in or about the structure affected by such notice.
(d) Transfer of Ownership. It shall be unlawful for the owner of any structure who has
received a compliance order or upon whom a notice of violation has been served to sell,
transfer, mortgage, lease or otherwise dispose of to another unit until the provisions of the
compliance order or notice of violation have been complied with, or until such owner shall
first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance
order or notice of violation issued by the Building Official or designee and shall furnish to
the Building Official or designee a signed and notarized statement from the grantee,
transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or
notice of violation and fully accepting the respa] Fity without condition for making the
corrections or repairs required by such comple order or notice 0' Violation.
5. Violation.
(a) It shall be unlawful for a person, firm or c
any of the provisions of this section.
(b) Notice of Violation. The Builc tig Official or designee shall serve a notice of violation or
order in accordance with Section 4-5-5 (D)4 of this section or as required by State Statute.
4
e in conflict with or in violation of
(c) Prosecution of Violation. If the notice oI v Iola 111/1 is not complied with, the Building
Official or designee shall institute the appropriate proceedings at law or in equity to
restrain, correct or abate such violation of the provisions of the section or of the order or
direction made pursuant thereto.
(d) Violation Penalt person who sha l violate a provision of this section, or fail to
evvitli. r with any of the requirements thereof is guilty of a misdemeanor. Each
y that a "violation continues after due notice has been served shall be deemed a separate
offense.
(e}tement of Viol 'on. The imposition of the penalties herein prescribed shall not
p s e the City ;;fig; ±rney from instituting appropriate action to restrain, correct or abate a
vio