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Home My WebLink About20100503 - VI-14VI -14 Memo To: Mayor Hicks, and City Council From: Justin Fortney, Associate Planner Date: May 3, 2010 Subject: Dakota County Historical Society — Chicken License #2010-18 - License to keep chickens at the Historic Leduc Estate REQUEST The Dakota County Historical Society has applied for a license to keep chickens at the Historic Leduc Estate. RECOMMENDATION The Planning Commission voted 7 -0 to approve the license. Notification was sent to 62 property owners within 350 feet of the LeDuc property with no comments being received as of yet. ATTACHMENTS • Keeping of Chickens - Ordinance • Resolution • Location Map • Photographs • Application BACKGROUND INFORMATION The HPC (Heritage Preservation Commission) and the SHPO (State Historic Preservation Office) have reviewed and approved plans to build a chicken coop on the site. They plan on having 16 chickens (within limits) and have agreed to the terms of the ordinance as outlined on their application (attached). The license is probationary for the first year, but may be revoked at anytime the conditions of the ordinance are not met, including unresolved nuisances. ORDINANCE REGULATIONS § 155.07 SPECIAL PROVISIONS. (II) Keeping of chickens. (1) Purpose. The purpose of this division is to provide a means, through the establishment of specific standards and procedures, by which chickens can be kept in areas that are principally not used for agriculture. It is recognized that the keeping of chickens is clearly incidental and subordinate to the primary use and will not be allowed to negatively affect the character, health, safety, or general welfare of the surrounding area. (2) Regulations. The keeping of chickens requires a license to be granted by the City Council. The following conditions are requirements of the license. (a) Allowed in specified zoning districts as an accessory use to a school or museum. (b) No roosters are permitted. (c) Four (4) chickens are allowed per acre. Chickens are prohibited on properties less than one (1) acre. (d) Confinement restrictions. Chickens must be kept and confined as follows: 1. Fenced area to keep the chickens contained on the property at all times. 2. Food containers and feeders must not be accessible to rodents and wild birds. 3. Sanitary conditions must be maintained. 4. Fecal matter shall not accumulate in a manncr that causes odor. 5. Injury or annoyance to others. No chicken may be kept or raised in a manner as to cause injury or annoyance to persons or other animals on other property in the vicinity by reason of noise, odor, or filth. 6. Impounding chicken. Any chicken at large or in violation of this section may be impounded by the City, and after being impounded for five (5) business days or more without being reclaimed by the owner, may be humanly euthanized or sold without notice. Failure to claim an impounded chicken may result in the revocation of license. A person reclaiming any impounded chicken shall pay the cost of impounding and keeping the same. 7. Covered enclosure (coop) must be provided to protect chickens from the elements and predators. The required enclosure must meet the following requirements: a. All accessory building regulations under section 155.05.D b. Completely covered, secured, and with a solid floor. c. Setback 25 feet from homes on adjoining lots. (3) License. Keeping chickens requires a license to be granted by the City Council. (a) Staff shall notify property owners within 3 50 feet of the Planning Commission meeting, at which a recommendation will be made to the City Council for granting of the license. Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this code. (b) The license shall not run with the land and shall not be transferable. (c) If the license is approved by the City Council, staff shall inspect the property to determine if all of the provisions of this section are met prior to issuing the license. (d) Licenses shall be issued for a 1 year probationary period from the date of City Council approval. The City Council shall consider issuance of a full license at the end of the probationary period. (e) The City Council may revoke the license if the conditions of this section are not followed or if unresolved nuisances arise_ (f) A license fee shall be paid to the City prior to issuance of the license. The license fee shall be established by ordinance. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A LICENSE FOR THE DAKOTA COUNTY HISTORICAL SOCIETY TO KEEP CHICKENS AT 1629 VERMILLION STREET Council member its adoption: introduced the following Resolution and moved WHEREAS, The Dakota County Historical Society has petitioned for approval License to keep chickens at 1629 Vermillion Street, legally described as all of Lot 24 Ex E 117.37 Ft, Auditors Subdivision No 9 Dakota County, Minnesota; and WHEREAS, on April 26, 2010, a review was conducted before the Planning Commission of the City of Hastings, as required by city ordinance; and WHEREAS, The Planning Commission of the City of Hastings recommended approval of the License, which is probationary for the first year and subject to the conditions of this resolution. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the License request of the Dakota County Historical Society as presented to the City Council subject to the following conditions: 1) Staff will not issue the license until all of the improvements are made and inspected by staff. 2) The applicants shall operate in a manner consistent with the information provided on the application. Council member put to a vote adopted by moved a second to this resolution and upon being present. Ayes: _ Nays: _ Absent: ATTEST: Paul J. Hicks Mayor Melanie Mesko Lee City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 3r day of May, 2010, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk This instrument drafted by: (SEAL) City of Hastings (JJF) 101 4th St. East Hastings, MN 55033 The L.eDuc family raised chickens on their home farm. In are attempt to Interpret the agricultural aspect of General William L-eDuc's life, the gardeners' and staff are planning to build a coop to raise 12 -16 chlc6ns- on the grounds to encourage visitors to imagine the area as a Yarm.' This is the plan for the coop which we propose to build. We are presenting it to the members of the Historical Preservation Commission for approval. We plan to build the 12' 8' coop north of the Simmons Shed. The shed will be built on skids to provide flexibility should there be a need in the future to move It. Inside will be 2 rooms As a person enters on the west side, they will be in a small storage room for feed & other materials needed to care for the chickens, This small roam will provide an additional barrier to any chickens who may consider escaping into the wider world, The larger of the two room, on the east, will house the chickens,. In addition, there will be an enclosed outdoor area for the chickens C the run"). It will be connected to the coop on the south side, between the coop and the Simmons Shed. There will be a small door in the coop to allow the chickens access to the run, as well as a gate in the fence surrounding the run for human access to the area. .... • I i� f F • Phi sat r.t�v the eigment? t # properties, Val tda xou e-U , that -.any �� o; w bi V fi of �`� ula ' . xx wskwe wAfty Applkant.Nh& arid Me -nease-,Maki a �� -te _ :�F�.:: ��5r,� . - Qf��,�;r �:�•�: ��- a Keeping of Cht �is