4 Petting Farms Amendment
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CITY OF
CHANHASSEN
PCDATE: 1!19Æ9
6/06/00
CC DATE: {j,QtjÆ9
7/10/00
REVIEW DEADLINE:
61-22/49 6126,199
STAFF REPORT
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By: Kirchoff
PROPOSAL:
Request for a(n):
(1) Zoning ordinance amendment to allow petting farms as an interim use in
the A - 2, Agricultural Estate District; and
(2) Interim use pennit to operate a petting fann.
LOCATION:
7461 Hazeltine Blvd.
APPLICANT:
Susan McAllister
(Miss Rosie's Fann)
7461 Hazeltine Blvd.
Excelsior, MN 55331
474-5099
2020 LAND USE PLAN: Residential, Low Density
ACREAGE: 6 acres
DENSITY: N/A
SUMMARY OF REQUEST: The applicant would like to operate a petting farm on a parcel
currently utilized as a hobby farm and zoned A-2, Agricultural Estate District. The zoning
ordinance does not permit this activity, so the applicant is requesting an amendment. Staff
supports the idea of a petting farm in this district, but only as an interim use.
Notice of this public hearing has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has a high level of discretion in approving zoning ordinance amendments because the
City is acting in its legislative or policymaking capacity. A zoning ordinance amendment must
be consistent with the City's Comprehensive Plan.
The City has limited discretion in approving or denying interim use pennits, based on whether or
not the proposal meets the conditional use pennit standards outlined in the Zoning Ordinance. If
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7461 Hazeltine Blvd. .
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Petting Fanns ZOA and
Miss Rosie's Fann
July 6, 2000
Page 2
the City finds that all the applicable conditional use pennit standards are met, the pennit must be
approved. This is a quasi-judicial decision.
PLANNING COMMISSION UPDATE
On June 6, 2000, the Planning Commission reviewed this item and recommended approval of the
zoning ordinance amendment by a unanimous vote. The interim use pennit for the petting zoo
was approved by a vote of 4 to I (one commissioner abstained from voting, thus counting as a
positive vote). One commissioner did not support the level of activity proposed on the site.
In tenns of the zoning ordinance amendment to allow petting fanns, the Planning Commission
had concerns with staff's limit on the number of employees and types of animals. They
recommended that 3 full-time employees be pennitted per 5 acres, based upon the applicant's
request. Further, they cited dangerousness as the criterion for limiting animals, rather than by
type (e.g., wild or exotic). The definition of petting fann was also altered. These recommended
changes are in bold and outdated infonnation has been struck through.
Sec. 20-267. Petting Fanns.
I. The site must be on and have access to a collector or minor arterial as identified in the
comprehensive plan.
2. The minimum lot size shall be five (5) acres.
3. The applicant for the interim use pennit shall reside on the site. Only eae (I) three (3)
full-time equivalent non-resident or contracted employees may be employed on the site
per five (5) acres.
4. Oaly eastemary [!!fIB animals saall be allowed sa the site. Wild sr e¡¡etie Dangerous
animals shall be prohibited.
5. All structures and storage areas must be set back fifty (50) feet from public or private
rights-of-way, and three hundred (300) feet from an adjacent single family residence or a
minimum of fifty (50) feet from a side lot line, whichever is greater. The city council
may require storage areas to be completely screened by one hundred (100) percent
opaque fencing or benning.
6. Parking areas shall be screened from public or private rights-of-way and adjacent single-
family residences.
7. Hours of operation shall be from 8:00 a.m. to 8:00 p.m. The city council may further
restrict hours of operation if the use is located adjacent to property guided residential as
identified in the comprehensive plan.
8. No outdoor speaker systems shall be allowed.
9. Signage shall comply with article XXVI of the zoning ordinance.
10. Retail sales shall be limited to three hundred (300) square feet in area. Retail sales shall
be limited to petting fann related items.
11. Animals kept outside must have continual access to shelter to protect them from the
elements. If eheins eeRfiae animals they mast be attaeaed ia slIea a mar.ner as ta Hat
beeeme eatangled with eheins ef etaer animals. ,\aimals and must be in a confined area
with fencing.
12. A tennination date shall be established for the interim use pennit. The use shall be
pennitted until a particular date, until the occurrence of a particular event, or until zoning
Petting Fanns ZOA and
Miss Rosie's Fann
July 6, 2000
Page 3
regulations no longer pennit it. Prior to the permit expiring, the applicant may request an
extension to the interim use pennit by submitting a new application. The renewal
application will be subject to all city ordinances including any new ordinances enacted
after the original approval.
Section 20- 1. Definitions.
Petting fanns means "any activity whereby non-dangerous animals ellStemafily and histefieally
assseiated "vith beiHg FllÎsed sa agfiellkafal !f(! !eFlies ia the Uftited States are exhibited and
allowed to closely interact with visitors, regardless of compensation."
Section 5-76 (1) of the City Code defines dangerous animals as "any animal with a known
propensity or disposition to unprovoked attacks, to cause injury to or to otherwise endanger the
safety of humans or other domestic animals." However, this definition only refers to dogs and
cats, not to animals in general. Thus, there will be difficulty detennining whether an animal as
part of the petting fann is dangerous, so the zoning ordinance will need to be amended to include
a definition. Staff recommends that the definition of dangerous animal be included in Section
20-1 (Definitions) that states the following: "Dangerous animal means any animal with a known
propensity or disposition to unprovoked attacks, cause injury to or otherwise endanger the safety
of humans or other domestic animals or animals that are noisy or disruptive in behavior." If the
City Council does not incorporate the Planning Commission's recommendation in the approval,
this definition will not be necessary.
Staff does not support changing the number of employees and the type of animals pennitted with
the use or the definition of petting fann. However, Standard number II has been changed as
recommended by the Planning Co~ission.
The Commission also recommended that the pennit tennination period be extended from five to
seven years. Staff does not have any issues with extending the tenn for two additional years.
This has been changed in the conditions of approval.
Since the Planning Commission reviewed this item, the City became aware of the applicant's
septic system failure. The system will have to be brought into compliance prior to any business-
related activities taking place on the site.
Another issue has been brought to our attention. Staff has received complaints about the quality
of care that her animals have been receiving.
This staff report has been updated. All new infonnation is in bold and all outdated infonnation
has been struck through.
PROPOSAL/SUMMARY
The applicant would like to operate a petting fann on property currently utilized as a hobby fann.
The zoning ordinance does not pennit this type of activity on property zoned A-2, Agricultural
Estate District. Thus, the applicant is requesting a zoning ordinance amendment to pennit
Petting Fanns ZOA and
Miss Rosie's Fann
July 6, 2000
Page 4
petting fanns. The site is 6 acres and is to be accessed via the extension of West 78th Street and
TH 41. The property is currently accessed via TH 41 (or Hazeltine Blvd.).
Staff supports the idea of a petting fann as an interim use in an agricultural district and has
prepared standards for the use. The standards address access, minimum acreage, setbacks,
number of employees, types of animals pennitted and retail sales activity. The standards apply
to any petting fann operation in the A-2 district, not just the parcel requesting the amendment.
Staff believes that petting fanns should only be pennitted as an interim use pennit so a
tennination date can be specified. The A-2 district is essentially a "holding" area for urban
development. As development occurs within this district, a petting fann may be incompatible
with surrounding uses.
The site is bordered by the Meadows at Longacres and Bluff Creek on the north, the proposed
Pulte development on the south and east and TH 41 on the west. All surrounding properties are
guided residential, low density.
Staff recommends approval of the zoning ordinance amendment and interim use pennit with the
standards and conditions outlined in this report.
BACKGROUND
On March 15, 2000, the Planning Commission preliminarily reviewed a zoning ordinance
amendment for a petting fann in the A-2, Agricultural Estate District. In general, the
commissioners supported the concept, however, they requested additional infonnation about the
specific proposal requesting the amendment.
The Planning Commission reviewed the proposed zoning ordinance amendment and interim use
pennit for Ms. McAllister on April 19, 2000. The majority of the Planning Commission
maintained support for the amendment and proposal and had concerns regarding staffs standards
and conditions of approval. The Commission tabled the requests so the applicant could meet
with staff to discuss dividing issues. The applicant and staff were in disagreement as to the type
of animals and the number of employees that should be pennitted in conjunction with the
business. Staff met with the applicant however, no agreements were made.
The report attempts to separate the zoning ordinance amendment from the applicant's request, as
this amendment will impact any property in the A-2 zoning district. An analysis of the zoning
ordinance amendment to allow the use is first presented, and then in the following section Ms.
McAllister's proposal is discussed.
ANALYSIS (ZONING ORDINANCE AMENDMENT)
The purpose of a zoning ordinance is to protect the health, safety and welfare of the public.
Ultimately, the zoning ordinance intends to protect residentially properties from uses that may
become nuisances, such as those that produce a large amount of traffic or noise. Although the
proposal that initiated the request proclaims itselfto be a "petting fann," it will still impact
surrounding properties. That is, the increased traffic, noise and odors may become a nuisance to
Petting Fanns ZOA and
Miss Rosie's Fann
July 6, 2000
Page 5
the neighbors. The intent of the A - 2 district is to preserve rural character while respecting
development patterns by allowing single family development (see Attachment 4). In essence,
existing agricultural uses may remain, however, single family residences have the right to locate
within this district. A petting fann is certainly consistent with the intent of the district; however,
problems may arise with this type of activity operating adjacent to single family homes.
For instance, the City has received numerous complaints regarding a small 5 acre fann nestled in
a single family development. The property is not accessed through the development and a
business is not operated on the site, yet staff received complaints about animals visiting the
neighborhood and noise created by the fann animals. This is an example of how a quaint, rural
activity can be deemed a nuisance by a neighbor.
The zoning ordinance does not pennit business activity on residentially zoned property, with the
exception of home occupations, which are required to be ancillary to the primary use of the site.
This intends to protect residential uses from the negative impacts of other non-residential uses.
The proposed zoning ordinance amendment to pennit petting fanns as an interim use could
pennit a commercial activity to be the primary use ofthe site and alter policy in this district.
Meaning, if the acreage of the parcel is small, the business will quickly become the dominant use
of the site. This would not be pennitted in any other residential district. It is staff s opinion that
a petting fann is appropriate on a large operating fann. If one would consider a petting fann to
be a fann-based business, then the use would be secondary to the operation of a large actively
fanned property. The activity would be supporting a larger agricultural business and would be
ancillary. This is the optimal scenario.
Many of the existing businesses operating in an agricultural zoning district are legal, non-
confonning uses. That is, they were operating prior to an ordinance being adopted that
prohibited the activity. They would not be pennitted under the current zoning ordinance.
Essentially, the agricultural zone is a transition or "holding zone" between rural and urban uses
(particularly those properties north of Lyman Blvd). The agricultural use remains until the site is
developed according to the comprehensive plan. Since most of the properties zoned A-2 are in
this "transition" area, staff is recommending the activity be pennitted as an interim use rather
than a conditional use. An interim use is more appropriate for this type of activity because of the
potential negative impact on residential properties. Staff will be able to place a tennination date
on the use, so that after surrounding parcels are developed (or another event occurs) the use will
cease. A conditional use pennit is inappropriate for this use because it can operate without a
tennination date.
The following standards attempt to ensure that a petting fann located in an agricultural district
will not become a nuisance to the neighbors and limit the activity to an accessory use. Since this
is a request for an ordinance amendment, staff can create any standards deemed appropriate to
protect adjacent uses. The purpose of each standard is explained after each requirement. These
standards have not been changed since the Planning Commission meeting on April 19, 2000,
except for the criterion that the number of employees be based upon parcel area. A definition of
petting fann is also included.
Petting Fanns ZOA and
Miss Rosie's Fann
July 6, 2000
Page 6
Sec. 20-267. Petting Farms.
The following conditions shall apply to petting fanns:
1. The site must be on and have access to a collector or minor arterial as identified in the
comprehensive plan.
Purpose: To limit traffic conflicts, provide appropriate vehicular approaches and
provide access to the site without guiding traffic through a residential area.
2. The minimum lot size shall be five (5) acres.
Purpose: To limit nuisance complaints and provide separation between two possibly
incompatible uses.
3. The applicant for the interim use pennit shall reside on the site. Only one (1) full-
time equivalent non-resident employee may be employed on the site per five (5)
acres.
Purpose: To limit the intensity of the use and to allow more employees on larger
parcels, thus lessening nuisance complaints.
4. Only customary fann animals shall be allowed on the site. Wild or exotic animals
shall be prohibited.
Purpose: To ensure this activity is not operating as a zoo and incompatible with
surrounding uses. Staff does not recommend that wild or exotic animals be pennitted
with this type of activity to prohibit the use from evolving into a zoo. Further, staff does
not recommend that wildlife rehabilitation be allowed as requested by the applicant,
therefore limiting the intensity of the use. Individual applicants may wish to request
additional activities once their operation is running smoothly without complaints or
problems.
5. All structures and storage areas must be set back fifty (50) feet from public or private
rights-of-way, and three hundred (300) feet from an adjacent single family residence
or a minimum of fifty (50) feet from a side lot line, whichever is greater. The city
council may require storage areas to be completely screened by one hundred (100)
percent opaque fencing or benning.
Purpose: To limit odors and noise complaints.
6. Parking areas shall be screened from public or private rights-of-way and adjacent
single-family residences.
Purpose: To maintain the character of an agricultural or residential area.
Petting Fanns ZOA and
Miss Rosie's Fann
July 6, 2000
Page 7
7. Hours of operation shall be from 8:00 a.m. to 8:00 p.m. The city council may further
restrict hours of operation if the use is located adjacent to property guided residential
as identified in the comprehensive plan.
Purpose: To limit the possibility of nuisance complaints and intensity of the operation.
8. No outdoor speaker systems shall be allowed.
Purpose: To limit the number of nuisance complaints.
9. Signage shall comply with article XXVI of the zoning ordinance.
Purpose: To ensure compatibility of signage with other agricultural or residential uses.
10. Retail sales shall be limited to three hundred (300) square feet in area. Retail sales
shall be limited to petting fann related items.
Purpose: To limit the intensity of the use.
II. Animals kept outside must have continual access to shelter to protect them from the
elements. If eheins eamIRe animals they ffiIIst be attaehed ia slIea a lflBfIßer as ta !'let
beeame eatangled wita ehaifts sf etaer animals. ,\nimals and must be in a confined
area with fencing.
Purpose: To the protect animals associated with the use.
12. A tennination date shall be established for the interim use pennit. The use shall be
pennitted until a particular date, until the occurrence of a particular event, or until
zoning regulations no longer pennit it. Prior to the pennit expiring, the applicant may
request an extension to the interim use pennit by submitting a new application. The
renewal application will be subject to all city ordinances including any new
ordinances enacted after the original approval.
Purpose: To protect other properties in the transition zone between rural and urban uses.
Section 20-1. Definitions.
A petting fann can be defined as "any activity whereby animals customarily and historically
associated with being raised on agricultural properties in the United States are exhibited,
regardless of compensation."
The US Department of Agriculture (USDA) defines a zoo as "any park, building, cage,
enclosure, or other structure or premise in which a live animal or animals are kept for public
exhibition or viewing, regardless of compensation." Staff wants to ensure that the petting fann
will not evolve into a zoo, which is more appropriate in another zoning district. (Note: A
definition of zoo is not included with this ordinance amendment. The definition is included
as a means of comparison.)
Petting Fanns ZOA and
Miss Rosie's Fann
July 6, 2000
Page 8
Although one can compare the proposed petting farm operation to a zoo, staff believes
there is a difference. A zoo is a large-scale operation that displays all types of animals
(usually not household pets or farm animals) in simulated habitats, whereas a petting farm
is an operation in which farm animals are displayed in their farm or domesticated
environment.
ANALYSIS (INTERIM USE PERMIT)
The applicant would like to operate a petting fann on a 6 acre parcel zoned A-2 and guided
residential, low density (see Attachment 2). The petting fann is proposed to operate in
conjunction with an existing hobby fann. The applicant plans to provide pony rides, goat
milking, games, educational opportunities and barbecues. In addition, retail activities will take
place in a new structure.
The site plan indicates that an existing barn, stable, garage as well as a future retail building and
summer kitchen will be utilized for the operation. Four to five employees are proposed for this
year round business. Miss Rosie's Fann is planned to operate from 10:00 a.m. to 7:00 p.m., 5
days per week and 7 days in the future.
The operation entails the display of76-83 animals typically found on a fann including ponies, a
donkey, a horse, pigs, sheep, goats, rabbits, a calf, geese, ducks and chickens. These animals are
typically found on a fann. In addition, the applicant wants to show exotic and wild animals like
chinchillas, a red fox, hedgehogs, peacocks and prairie dogs. Staff does not support the
exhibition of these animals due to potential enforcement problems. The peacocks, for
instance, are known to be loud and disruptive. The City has received complaints about other
peacocks within the City. Further, ifthese animals are pennitted the use will be deemed a zoo.
Staff will support a petting fann, but not a zoo. (Webster's Dictionary defines a zoo as "a
place where a collection of wild animals is kept for public showing.")
The intent of the A-2 district is to preserve rural character while allowing residential
development. Staff believes that a petting fann is compatible with that intent. Although the idea
of a petting fann is fine, the applicant's request is a commercial activity disguised as agriculture.
It is much too intense to be ancillary to the residence and will most certainly impact surrounding
parcels. In order for staff to fully support the proposal, it must comply with the conditions of
approval. Staff has not changed the conditions of approval of the interim use pennit. The
conditions attached intend to mitigate any negative impacts that a petting fann may have on
neighboring sites.
UTILITIES
The site is currently serviced by a private well and septic system. The City has recently been
notified that the septic system has failed. The system must be brought into compliance
prior to any petting farm activity taking place on the site.
Water service will be available in conjunction with the extension of West 78th Street in 2001.d(The project is scheduled for December 2000 bid letting with completion in late 2001 or
Petting Fanns ZOA and
Miss Rosie's Fann
July 6, 2000
Page 9
early 2002.) Sec. 19-19 of the City Code states that issuance of building pennits for new
construction where the property is within 150 feet of the water system shall be conditioned upon
connection to the system. Further, it states that new wells shall not be pennitted in this instance
and that connection to municipal service will be required upon failure of the private water
supply. The City is currently conducting a feasibility study for the extension of sanitary sewer in
that area. Sanitary sewer may be available to the site in summer 2001, ifthe City authorizes
the project.
(Note: Typically, the tennination date for an interim use is based upon availability of municipal
services. In this instance, municipal water will be available soon.)
PARKING
The applicant anticipates parking for 20 vehicles and 2 buses and has indicated that no more than
100 people will be on the site at anyone time. The parking area is proposed along the extension
of West 78th Street. Staff cannot support this size of an operation on only 6 acres. Only 10
parking stalls and 1 bus will be pennitted.
Usually, staff requires curb and gutter to be installed for parking areas for a site plan. Since it is
an interim use this is not practical.
LANDSCAPING
The plan indicates that a large wooded area will be removed for construction of a parking area,
outbuildings and two horse rings. The tree preservation ordinance does not apply to this
situation; however, staffrecomme~s that the applicant submit a landscape plan to the city.
There are a number of opportunities' throughout the site to use landscaping and tree planting to
replace some of the lost canopy cover.
The parking area adjacent to West 78th St. will require landscape screening. Staff does not feel
daffodils will provide the necessary buffer from the parking lot views. Staff recommends
overstory, e'¡eFgreefls understory and shrubs be added to the daffodil planting in order to
provide year-round interest and screening. Specifically, buffer yard "B" requires 2 overstory,
6 understory and 6 shrubs to be planted along West 78th Street. Additionally, depending on
the total square foot size of the parking lot, landscape area and trees may be required for that as
well.
ACCESS
The site is to be accessed via the future extension of West 78th Street and TH 41. As part of the
construction of the access boulevard for TH 5, the access from TH 41 will be eliminated. The
applicant cannot have access for buses as shown on the site plan. The purpose of eliminating the
access off of TH 41 is for safety and an adequate vehicular approach.
Petting Fanns ZOA and
Miss Rosie's Fann
July 6, 2000
Page 10
LIGHTING/SIGNAGE
Lighting and signage are both proposed for the petting fann. The zoning ordinance requires
shielded, cut-off fixtures. Staff does not recommend a large amount oflighting, except for safety
reasons, so the operation maintains the rural character.
The site plan indicates a 32 sq. ft. (4-foot by 8-foot) sign is proposed at the West 78th Street
entrance. The ordinance pennits a 24 sq. ft. monument sign on properties zoned A-2.
BUILDING AND FIRE CODE ISSUES
The applicant is proposing to allow a private residence and accessory structures to be visited by
the public. Therefore, the proposal is required to meet the following building code requirements:
(1) All public buildings must meet code requirements as required for new buildings because of
the change of occupancy classification; (2) All buildings and areas intended for use by the public
must be on an accessible route and accessible to people with disabilities; (3) Two accessible
parking spaces must be provided; (4) Accessible sanitation facilities must be provided. The
number of fixtures required will be detennined after specific use infonnation is provided. If this
fann is intended to be used on a short tenn, seasonal basis, portable facilities may be provided,
any other use would require pennanent facilities. If pennanent facilities are required, two
acceptable septic sites must be evaluated and located by a licensed designer; (5) The food
preparation facilities requires approval from the Minnesota Department of Health; and (6)
Structures intended for public use must be evaluated by a structural engineer to detennine if the
building is safe for occupancy.
The fire code requires adequate access to the site in the event of a fire. Furthennore,
combustible material and electrical wiring must be reviewed by the Fire Marshal.
The aforementioned building and fire safety requirements will significantly impact the proposed
petting fann. These life safety issues are almost more important than the zoning ordinance
requirements. This will detennine whether Miss Rosie's Petting Fann can operate on this site.
ENFORCEMENT
This request is not a typical application. The planning staff do not have expertise in animals and
waste, thus making it difficult to address and enforce all the issues associated with a petting
fann. Keeping abreast of all the issues once this use is operating will be burdensome for staff.
FINDINGS
INTERIM USE PERMIT
Sec. 20-383. General Issuance Standards
The Planning Commission shall recommend an interim use pennit and the council shall issue
interim use pennits only if it finds that such use at the proposed location:
Petting Fanns ZOA and
Miss Rosie's Fann
July 6, 2000
Page 11
1. Meets the standards for a conditional use pennit set forth in the Section 20-232 of the
City Code.
2. Confonns to the zoning regulations.
3. The use is allowed as an interim use in the zoning district.
4. The date of event that will tenninate the use can be identified with certainty.
5. The use will not impose additional costs on the public if it is necessary for the public to
take the property in the future; and
6. The user agrees to any conditions that the city council deems appropriate for pennission
of the use.
Finding: Once the zoning ordinance amendment and interim use pennit are approved
and the applicant complies with the conditions of approval, the operation will confonn to
the above standards.
Sec. 20-232, Conditional Use Permit, General Issuance Standards
An interim use shall meet the standards for a conditional use. The Planning Commission shall
recommend a conditional use pennit and the council shall issue such conditional use pennits
only if it finds that such use at the proposed location:
1. Will not be detrimental to or damage the public health, safety, comfort, convenience or
general welfare of the neighborhood of the city.
Finding: If the intensity and level of use is reduced consistent with the staff
recommendation it should be compatible with the neighborhood. The applicant will have to
ensure that the operation of the use is not a nuisance.
2. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
Finding: The City's comprehensive plan states, "the city does not provide for purely
agriculture land use but supports the preservation of this use in the greater Carver County
area." This area is guided residential, low density.
3. Will be designed, constructed, operated and maintained so as to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area.
Finding: The original use of the property was part of a larger fannstead. The applicant is
seeking to preserve "the 1920's fannstead look and lifestyle." Staff is recommending
conditions that should make the use compatible with the surrounding land use. Currently,
there are limited neighbors so there maybe few complaints. As this area develops, the use
may not be compatible. Therefore, a ~ 7 year termination date appears reasonable.
Petting Fanns ZOA and
Miss Rosie's Fann
July 6, 2000
Page 12
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: Recommended conditions should minimize annoyance in the area.
5. Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and
schools; or will be served adequately by such facilities and services provided by the persons
or agencies responsible for the establishment of the proposed use.
Finding: Neighboring property owners have petitioned for sewer and water. This could be
allowed to remain as is for the ~ 7 year interim use and when the use of the property
changes, municipal services will be required. No additional wells or ISTS will be allowed.
The existing septic system has failed and must be brought into compliance.
6. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: No additional services are required with this use.
7. Will not involve uses, activities, processes, materials, equipment and condition of operation
that will be detrimental to any persons, property or the general welfare because of excessive
production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Finding: The staffhas limited the animals and added conditions to mitigate the impact of
smell and noise etc. Violations of noise and smell, etc. should be grounds for tenninating
the use.
8. Will have vehicular approaches to the property that do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: The site will have access off the new West 78th Street. Until this road is built and
access is gained, the business should not operate.
9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
Finding: Staff is recommending preservation of trees as well as additional plantings.
10. Will be aesthetically compatible with the area.
Finding: It is intended to have a fannstead use and lifestyle.
II. Will not depreciate surrounding property values.
Finding: Staff has provided conditions that should mitigate any negative impacts.
Petting Fanns ZOA and
Miss Rosie's Fann
July 6, 2000
Page \3
12. Will meet standards prescribed for certain uses as provided in this article.
Finding: With the new standards for petting fanns that staff has prepared and proposed
conditions it should be compatible.
Sec. 20-267. Petting Farms.
The following conditions shall apply to petting fanns:
1. The site must be on and have access to a collector or minor arterial as identified in the
comprehensive plan.
Finding: The petting fann wiU have access via W. 78th Street, a collector street.
2. The minimum lot size is five (5) acres.
Finding: The subject parcel is 6 acres.
3. The applicant for the interim use pennit shall reside on the site. Only one (1) full-time
equivalent non-resident employee may be employed on the site per five (5) acres.
Finding: The applicant's proposal specifies 4-5 employees. The operation will have to
be scaled down to meet this requirement. The Planning Commission recommended
that 3 fuU-time employees be permitted. Staff does not support this change.
4. Only customary fann animals shall be allowed on the site. Wild or exotic animals shall
be prohibited.
Finding: The applicant proposes to have wild and exotic animals in addition to the more
traditional fann animals. Staff does not support the wild or exotic animals because of
potential problems and nuisance complaints. The Planning Commission recommended
that the standard be changed to prohibit non-dangerous animals. Staff maintains
the idea that wild or exotic animals shall be prohibited because of the potential for
enforcement problems.
The applicant would also like to rehabilitate wildlife on the site. Staff believes that this is
too much activity for the 6-acre parcel. However, in the future, once the operation is
operating without any problems, the applicant may request that wildlife rehabilitation be
pennitted.
5. AU structures and storage areas must be set back fifty (50) feet from public or private
rights-of-way, and three hundred (300) feet from an adjacent single family residence or a
minimum of fifty (50) feet from a side lot line, whichever is greater. The city council
may require storage areas to be completely screened by one hundred (100) percent
opaque fencing or benning.
Petting Farms ZOA and
Miss Rosie's Fann
July 6, 2000
Page 14
Finding: The applicant's proposal indicates that all setbacks, but the 300 feet from an
adjacent single family residence can be maintained.
6. Parking areas shall be screened from public or private rights-of-way and adjacent single-
family residences.
Finding: A condition of approval requires additional plantings to buffer the parking area
from West 78th Street.
7. Hours of operation shall be from 8:00 a.m. to 8:00 p.m. The city council may further
restrict hours of operation if the use is located adjacent to property guided residential as
identified in the comprehensive plan.
Finding: The applicant indicates the petting fann will operate from 10:00 a.m. to 7:00
p.m. 5 days per week year round.
8. No outdoor speaker systems shall be allowed.
Finding: The applicant does not propose to use outdoor speaker systems.
9. Signage shall comply with article XXVI of the zoning ordinance.
Finding: The applicant proposes a 32 sq. ft. monument sign. The zoning ordinance
pennits a 24 sq. ft. sign not to exceed 5 feet in height. All signage requires a sign pennit
prior to installation.
10. Retail sales shall be limited to three hundred (300) square feet in area. Retail sales shall
be limited to petting fann related items.
Finding: The applicant proposes a 300 sq. ft. retail building.
11. Animals kept outside must have continual access to shelter to protect them from the
elements and must be in a esnHned lHea '.vith fencing. If chains caRfine animals they
mllst be attaehed in slIeh a manner as ts nat became satangled with ehains sf ether
animals. f.nimals and must be in a confined area with fencing.
Finding: The site plan indicates that all animals have shelter, except for the mini sheep.
Staff assumes that the sheep will be housed in the barn.
12. A tennination date shall be established for the interim use pennit. The use shall be
permitted until a particular date, until the occurrence of a particular event, or until zoning
regulations no longer pennit it. Prior to the pennit expiring, the applicant may request an
extension to the interim use pennit by submitting a new application. The renewal
application will be subject to all city ordinances including any new ordinances enacted
after the original approval.
Finding: The interim use pennit shall tenninate in ~ 7 years.
Petting Fanns ZOA and
Miss Rosie's Fann
July 6, 2000
Page 15
The Planning Commission's recommended changes are not incorporated into the
standards and conditions, with the exception of number 11 in the petting farm standard
and 7 year termination date specified in conditions of approval for the interim use permit,
Staff supports the zoning ordinance amendment and interim use pennit subject to the conditions
outlined in the report. Should the standards for petting fanns or conditions of approval of the
interim use pennit be altered significantly, staff may not support the requests.
RECOMMENDATION
Staff recommends the City Council adopt the following motions:
"The City Council approves Zoning Ordinance Amendment #00-1 to allow petting fanns as an
interim use in the A-2, Agricultural Estate District, as shown in Attachment 3."
"The City Council approves Interim Use Pennit #00-2, subject to the plans dated February 22,
2000, for the operation of a petting fann with the following conditions:
1. The site plan shall comply with Sec. 20-267. Petting Fanns as prepared by staff.
2. Accumulation of feces shall be located at least 200 feet from any well. Accumulation of
feces shall be removed at such periods as will ensure that no leaching or objectionable
odors exist. The premise shall not be allowed to become unsightly.
3. Parking shall be limited to 10 stalls with the provision for only 1 bus.
\
4. The applicant shall submit a landscape plan for the proposed development. The applicant
shall show the location, size and species of proposed trees and shrubs.
5. Landscaping shall be added to the area between the parking lot and West 78th Street to
provide a buffer. Included in the plantings shall be 2 overstory trees, 6 understory
e'/ergreeas and 6 shrubs.
6. Landscaping may be required for the parking lot if it exceeds 6,000 square feet.
7. The site shall only have access from West 78th Street.
8. A dead animal disposal plan shall be submitted to the city for review.
9. The pennit shall be reviewed annually to detennine compliance.
10. The applicant must apply and obtain all necessary pennits from regulatory agencies such
as Carver County, DNR, USDA, etc.
11. The interim use shall tenninate in ~ 7 years.
Petting Fanns ZOA and
Miss Rosie's Fann
July 6, 2000
Page 16
12. The Building Official's conditions are as follows:
a. All public buildings must meet code requirements as required for new buildings
because of the change in occupancy classification.
b. All buildings and areas intended for use by the public must be on an accessible
route and accessible to people with disabilities.
c. Two accessible parking spaces must be provided.
d. Accessible sanitation facilities must be provided. The number of fixtures required
will be detennined after specific use infonnation is provided. If this fann is
intended to be used on a short tenn, seasonal basis portable facilities may be
provided, any other use would require pennanent facilities. If pennanent facilities
are required, two acceptable septic sites must be evaluated and located by a
licensed designer.
e. The food preparation facilities require approval from the Minnesota Department
of Health.
f. Structures intended for public use must be evaluated by a structural engineer to
detennine if the building is safe for occupancy.
13. The Fire Marshal's conditions are as follows:
a. A 20 foot wide fire lane shall be provided.
b. The Fire Marshal shall review the existing buildings to be utilized for the petting
fann to detennine code compliance.
c. Smoking is prohibited in any building used in conjunction with the business.
d. "No Parking Fire Lane" signs shall be installed on the fire lane.
e. Any new driveway must be designed to support the weight of a fire truck year
round.
f. Any new driveway must be installed prior to the removal of the existing
driveway.
g. The amount of combustible material (i.e., hay, straw, etc.) on the floors of any
buildings used in the business must meet fire code requirements.
h. All electrical wiring must meet code.
14. The septic system shall be brought into compliance prior to the operation
commencing on the site."
Attachments:
1. Application
2. Site Plan and Description of Use
3. Ordinance Amendment
4. A-2, Agricultural Estate District
5. Memorandum from Steve Torell dated May 8, 2000
6. Public hearing notice and property owners list
7. Minutes from April 19, 2000 Planning Commission meeting
8. Minutes from the June 6, 2000 Planning Commission meeting
Petting Fanns ZOA and
Miss Rosie's Fann
July 6, 2000
Page 17
9. Article II. Division 5. Dangerous Animals
g:\plan\ck\zoning ordinance amendments\petting fann in a-2. 2nd.doc
CHA.lllr"·......""'....··, ...,.............'"'~....(
(DEVELOPMENT REVIEW APPLICATION
f·KA .MA~
.PPLlCANT: 51.ÆSÄ N MeA !-U'S'-Tt=.(L OWNER: 5LlSA rV Mt.A~(L
DDRESS: 1t.f(p1 8A"2£l.--·-f Nt..1?L..\If) ADDRESS: 7Lf{, I ttA~i"1 Nt::. -&-tÐ
GtfAN¡'¡A~µ ~AMt~,
ELEPHONE (Day time) 37t.f- ~or TELEPHONE: tf7Lf '.t::; DqOf
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
r,r~v 1')1':" t.::'_~tr."IHA"SEN
FEB 0 2 2000
_ Comprehensive Plan Amendment _ Temporary Sales Permit
L Conditional Use Permit " 40ÎVj - Vacation of ROW/Easements
- Interim Use Permit - Variance
_ Non-conforming Use Permit - Wetland Alteration Permit
_ Planned Unit Development' _ Zoning Appeal
_ Rezoning j{ Zoning Ordinance Amendment ip:r:jJ D
_ Sign Permits _
_ Sign Plan Review _ Notification Sign
..
- Site Plan Review' ~ Escrow for Filing Fees/Attorney Cost"
($50 CUP/SPAN ACN AR/W AP/Metes
and Bounds, $400 Minor SUB)
- Subdivision' TOTALFEE$ 677 .CD
A list of all property owners within 500 feet of the boundaries of the property must be Included with the
application. .
Building material samples must be submitted with site plan revIews.
'Twenty-sIx full size folded copies of the plans must be submItted, Including an 8Yz" X 11" reduced copy of
transparency for each plan sheet.
" Escrow will be required for other applications through the development contract
)TE - When multiple applications are processed, the appropriate fee shall be charged for each application.
I
PROJECTNAME I'I\ISS 1ZDSIG<S FAII2M
LOCAT10N~( l±Ð1.e-;:n~J;.. 'Bt-(/1/, ßH'cNftA'f:;6il¿~v
) . ,I. ,I,
LEGALDESCRfPTION SEc..-r-·01 -rwP-/l¿, (2AfJ(;-éO.2-~ ?fO NS}{¡. ~ '/4 œ'Sc..A::;.~ comn
AT Nc roW t-tE}{¡.7t,uJ¿¡. ílt? olJ é WI-€ NE-'4. 7c.v~ 13D~/TI+ Szq,¡<(,V 5t{D'--ro "Pfor=
. I 07Aclleb 13SS-~ IV B"'D'TH tJc.(-SJtW 1~5'ift'5.~q* IV
TOTAL ACREAGE l:?
PRESENT ZONING
REQUESTED ZONING À PDt "-G- A
WETlANDS PRESENT
A?u
YES ;( NO
~c( P, 1Å i\Å::>Ba2.. A:L PI-:;;Tf21q-
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION A'bDIIV6-- A c'UP· U/~E(¿ A7- brs;nGIC"f
REASON FOR THIS REQUEST îD o"P6!2AT6 A -pf=ìT( J\.G-. fA 12./'\1\
This application must be completed in full and be typewritten or clearly printed and must be accomparlÎed by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning
Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within ten business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make
this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior.to any
authorizatÍJn to proceed with the study. The documents and information I have submitted are true and correct to the'best of
my knowledge.
Signature of Fee Owner
AppUcation Received on if· 1 t:J. CO
The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
'_"''''",pro~d by~ 0/3/0 D
Date
;ry!ðlðD
Date
Receipt No. t:"fS -.ft__ y;r
Fee Paid Cfp61r?
The applicant should contact staff for a copy of the staff report which will be available on Friday prIor to the meeting.
Jf not contacted, a copy of the report will be mailed to the applicant's address.
-...-
dry'0FC>H¡o;¡qf\1;i\S.£I\I
¡:¡r,r~EIVEíJ
FEB 2 2 2000
CMKL't' 'n"''''...'.· _n.....'..... uct'l
MISS ROSIE'S FARM lIP
The purpose for my request is to enable me to operate a petting farm from my existing hobby
farm. My goal is to preserve the farmstead look and lifestyle with an historically correct (as
much as possible) 1920's genre, Visitors will be charged a small fee and in return will receive an
enriching experience for children and adults alike--an unforgettable way to have fun without
superheroes or violence,
Initial year around activities will include such things as:
Hands on petting farm opportunities
Pony rides
Goat milking
Learning about the farm life through stories read and told
Playing old farm games
Educational opportunities through Carver County 4-H animal projects (ability to lease
livestock and bring them to the Carver County Fair, potentially qualifYing for
prizes and to go to the state Fair.
Barbecues in the summer kitchen.
Future activities may include all or some of the following activities or related activities:
View photos of wildlife r~habilitation projects currently being conducted at :\1iss Rosie's
Frog pond catch and release
Bluff Creek nature walks
Picnic lunches-to-go
Picnics in the woods - blankets, not tables.
-
.
There will be farm-related items for sale including:
The adventures of Miss Rosie's Farm (storybooks written by Miss Rosie)
Natural fertilizer (creatively packaged)
Fresh eggs in brown, mint green, light blue, pink and olive green colors
Farm- related giftware and momentoes
Antique farmhouse treasures
Preserves
Garden vegetables
Potted herbs and plants such as goatsbeard, hens and chickens, etc.
Bluff Creek (trademarked) stepping stones offered in 200 I
Bluff Creek (trademarked) pottery, note cards and other selected merchandise, 200 I
(Of the Bluff Creek sales, a percentage of profits will be donated to maintain the Bluff
Creek Headwaters, Woods and Bluff Creek Area)
Examples of special events:
Winter:
Summer:
Live Nativity, Christmas Caroling - Christmas Holiday Season
Sheep shearing demonstrations with children participating in gathering and
bagging the wool for market.
Learn how to swing lariats and lassos with a real cowboy
FF A one-day workshops
Hours of Operation
Days of Operation
Season of Operation
10:00 a.m. to 7:00 p.m,
Initially: 5 days/week; Future: 7 days/week
Year around
Parking:
Location:
No. Vehicles: 20 plus 2 buses
10 cars and 2 buses - See Site Plan for current and future locations
Additional overflow: 10 stalls along driveway coming to tàrm from W. 78th St.
Note: Tours and visits will be planned so that no more than a maximum of
100 people will be on-site at anyone time. No more tha,n a maximum of 20 cars are
anticipated at anyone time.
Description of Existing Buildings\'
House
Barn - 2-stories (upper level is not currently used but may be used in the
future for small gatherings such as birthday parties)
Lower Level - walk-through animal viewing
Existing garage - Product sales. (Future product sales from expanded
garage or similar larger building to be acquired/constructed.)
Pump House
Pony Stable (not enclosed/pole type) approx. 20' X 20'
Chicken Coop
.
.
Future Buildings: Summer Kitchen 10' X 12"
Chicken Coop - to replace existing which will be used for storage
Wildlife rehabilitation building, approximately 10' X 14'
Summer Kitchen Building - Approximately size of a single garage, to be
used for food items, BBQ's and other packaged picnic items
Potential addition to house of approximately 1/2 existing footprint to be
used for home office
Additional Elements: Windmill and potentially a silo
Signage:
Identification at W. 78th Street Driveway. approx. 4' X 8'
Upcoming Special Events Chalk Board
12" X 18" signs including for example: Absolutely No Smoking. Bathrooms, 2 Miles/Hr.
No Customer Animals Allowed, Store. Do not Climb Fences, Chalk Board. Overflow
Parking, Etc.
Lighting:
Existing:
2 Mercury vapor lights (1 mounted on pole and I mounted on barn) shielded to
direct lighting downward.
Future:
Decorative street lamp at yard entry
4 Low level wattage exterior lights on east elevation of barn
I Mercury vapor light on northern driveway
Number of Employees
Currently: 2
Future: 4-5
.
Example of Animals to be Available:
(Note: This list is an example only, exact numbers of species will vary from time and species
selection will vary from time to time, but is not expected to vary dramatically from the list set
forth below.)
Species Quantity
Shetland Size Ponies 6
Mini Donkey I
Mini Horse 1
Potbellied Pigs 3-4
Feeder Pigs 4
Sheep 6
Pygmy goats 4
Milking Goat I
Rabbits 6
Chinchillas 2
Red Fox· 1
Hedgehogs 2-4
Young Calf I .
Gaggle of geese 8-12 .
Ducks 3
Chickens 20
Exotic White Peafowl 2
Red Golden Pheasants ,
~
Prairie Dogs 2
Various Rehab Animals such as squirrels, chipmunks, fox, coyote. (These animals require a
separate building so that they can be segregated from the animals viewed by the customers.)
Miss Rosie's Fann is a registered trademark with the U.S. Trademark and Patent Office. Several
of Miss Rosie's stories have been written in a series entitled The Adventures of Miss Rosie's
Fann. They are stories oflife from the animals' perspective.
Giftware items might include milk stools, goats milk soap, wool batts made of sheepswool,
prairie dresses, reproduction prints of early 1900's old masters depicting farm livestock and
poultry varieties, etc.
Miss Rosie's Farm has been USDA approved for the care and feeding of animals for purposes of
a commercial petting farm.
With respect to compliance with the City's general standards for issuing conditional use permits,
the applicant believes that:
I. The farm is and will continue to be operated in a way that is not detrimental to nor will it
eridanger the public health, safety comfort and convenience or general welfare of the
neighborhood or the city.
2. Upon approval of the application it will be consistent with the zoning for the property.
3.
The locations of buildings on the site will not be changed immediately and any future.
addition of buildings as set forth on the Site Plan submitted will not dramatically change
the appearance or character of the site. By preserving this site as a 'farm' the City will be
preserving some of the romantic qualities of the rural flavor, rolling and wooded
countryside which the residents of Chanhassen find so compelling.
.
.
4. The farm is now and will continue to be operated in a manner which is not hazardous or
disturbing to existing or planned neighborhood uses. There is a significant buffer at the
north and east property lines comprised of wetlands, hills and tree canopy. There are no
plans to clear these areas. The west and south property lines will abut existing and/or
proposed roadways.
5. The use requires no increase in public utilities, police or fire protection or other public
services.
6. As stated at No.5 above, the approval of this application will not create excessive (no
additional) requirements for public facilities and services and it will not be detrimental to
the economic welfare of the community, rather it will be an enhancement.
7. Similarly the use will not produce excessive traffic, noise, smoke, fumes, glare, odors,
rodents or trash. Management practices have been put in place to curb the potential
existence of problems from odors, rodents and trash (manure).
8. The vehicular approaches to the property are those which currently exist and/or which
will be created at the time of the completion of the frontage road which will abut the
property. No traffic congestion will be created nor will the surrounding public
thoroughfares be negatively impacted.
9. The use will not result in the destruction, loss or damage of solar access, natural, scenic
or historic features of major significance.
10 and II.. It will continue to be aesthetically compatible with the area and will not depreciate
surrounding property values. See answer at NO.3 above.
12. Upon approval of the modification requested, the use will meet standards prescribed for
certain uses set forth in the Code.
.
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE THE ZONING ORDINANCE
CONCERNING CONDITIONAL USE PERMITS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Section 20-1 of the Chanhassen City Code is amended by adding the
following definition:
Pettinf! farm means any activity whereby animals customarily and historically associated
with being raised on agricultural properties in the United States are exhibited, regardless of
compensation.
SECTION 2. Article IV., Division 3, Standards for Agricultural and Resjdential
Districts, of the Chanhassen City Code is hereby amended by adding the following section:
Sec. 20-267. Petting Farms.
The following conditions will apply to petting fanns:
1. The site must be on and have access to a collector or minor arterial as identified in the
comprehensive plan.
2. The minimum lot size shall be five (5) acres.
3. The applicant for the interim use permit shall reside on the site. Only one (1) full time
equivalent non-resident employee shall be employed on the site per five (5) acres.
.
4. Only customary fann animals shall be allowed on the site. Wild or exotic animals shall
be prohibited.
5. All structures and storage areas must be set back fifty (50) feet from public or private
rights-of-way, and three hundred (300) feet from an adjacent single family residence or a
minimum of fifty (50) feet from a side lot line, whichever is greater. The city council
may require storage areas to be completely screened by one hundred (100) percent opaque
fencing or benning.
6. Parking areas shall be screened from public or private rights-of-way and adjacent single-
family residences.
7. Hours of operation shall be from 8:00 a.m. to 8:00 p.m. The city council may further
restrict hours of operation if the use is located adjacent to property guided residential as
identified in the comprehensive plan.
8. No outdoor speaker systems shall be allowed.
9. Signage shall comply with article XXVI of the Zoning Ordinance.
10. Retail sales shall be limited to three hundred (300) square feet in area. Retail sales shall
be limited petting fann related items.
II. Animals kept outside must have continual access to shelter to protect them from the
elements and must be in a confined area with fencing.
12. A termination date shall be established for the interim use pennit. The use shall be
pennitted until a particular date, until the occurrence of a particular event, or until zoning
regulations no longer pennit it. Prior to the pennit expiring, the applicant may request an
extension to the interim use pennit by submitting a new application. The renewal
application will be subject to all city ordinances including any new ordinances enacted
after the original approval.
SECTION 3. Section 20-576 of the Chanhassen City Code is amended by adding the
following interim use:
(9) Petting fanns.
SECTION 4. This ordinal1~e shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this _ day of
City of Chanhassen, Minnesota.
,2000, by the City Council of the
.
Scott A. Botcher, City Manager
Nancy K. Mancino, Mayor
g:\admin\ord\pelting fanns.doc
A--ìTÃ.V1+-M~T +
ZONING
§ 20-572
(4) The maximum lot coverage is three (3) percent.
(5) The setbacks are as follows:
a. For front yards, one hundred (100) feet.
b. For rear yards, one hundred (100) feet.
c. For side yards, fifty (50) feet.
(6) The maximum height is as follows:
a. For the principal structure, three (3) stories/forty (40) feet.
b. For accessory structures, three (3) stories/forty (40) feet.
(Ord. No. 80, Art. V. § 2(5-2-5), 12-15-86)
Sec. 20-556. Agricultural preservation lands.
Properties designated under agricultural preserve status as provided for by Minnesota
Statutes chapter 473, shall be zoned A-I Agricultural Preserves until such designation is
requested by the landowner to be removed. No application fee is required for rezoning the
property from A-I to another district.
(Ord. No. 80, Art. V. § 2(5-2-6), 12-15-86)
Sec. 20-557. Interim uses.
The following are interim uses in the "A-I" District:
(1) Mobile homes (compliance with section 20-905 is not required).
(2) Bed and breakfast establishments.
(Ord. No. 120, § 3, 2-12-90)
Sees. 20-558-20-570. Reserved.
ARTICLE X. IA_2" AGRICULTURAL ESTATE DISTRICT
.
.
Sec. 20-571. Intent.
The intent of the "A-2" District is preservation of rural character while respecting
development patterns by allowing single-family residential development.
(Ord. No. 80, Art. V, § 3(5-3-1), 12-15-86)
Sec. 20-572. Permitted uses.
The following uses are permitted in an "A-2" District:
(1) Agriculture.
(2) Public and private parks and open space.
(3) Single-family dwellings.
Supp. No.9
1205
§ 20-572
CHANHASSEN CITY CODE
(4) State-licensed day care center for twelve (12) or fewer children.
(5) Utility services.
(6) State-licensed group home for six (6) or fewer persons.
(7) Temporary real estate office and model home.
(8) Arboretums.
(9) Antennas as regulated by article XXX of this chapter.
(Ord. No. 80, Art. V. § 3(5-3-2), 12-15-86; Ord. No. 259, § 7, 11-12-96)
Sec. 20-573, Permitted accessory uses.
The following are pennitted accessory uses in an "A-2" District:
(1) Accessory agricultural building.
(2) Garage.
(3) Private stables.
(4) Swimming pool.
(5) Tennis court.
(6) Signs.
(7) Home occupations.
(8) One (1) dock.
(9) Roadside stand.
(10) Private kennel.
(Ord. No. 80, Art. V. § 3(5-3-3), 12-15-86)
Sec. 20-574. Conditional uses.
The following are conditional uses in an "A-2" District:
.
(1) Reserved.
(2) Reserved.
(3) Reserved.
(4) Cemetery.
(5) Reserved.
(6) Reserved.
(7) Reserved.
(8) Reserved.
(9) Electrical substation.
Supp. No.9 1206
ZONING
§ 20-576
(10) Reserved.
(11) Churches.
(12) Recreational beachlots.
(13) Group homes for seven (7) to sixteen (16) persons.
(14) Golf courses.
(15) Towers as regulated by article XXX ofthis chapter.
(Ord. No. 80, Art. V. § 3(5-3-4), 12-15-86; Ord. No. 80-E, § 1, 11-16-87; Ord. No. 96, § 1,9-26-88;
Ord. No. 103, § 1, 5-22-89; Ord. No. 120, § 4(2), 2-12-90; Ord. No. 240, § 16,7-24-95; Ord. No.
259, § 8, 11-12-96)
State law reference-Conditional uses, M.S. § 462.3595.
Sec. 20-575. Lot requirements and setbacks.
The following minimum requirements shall be observed in an "A-2" District subject to
additional requirements, exceptions, and modifications set forth in this chapter:
(1) The minimum lot area is two and one-half (2'12) acres, subject to section 20-906.
(2) The minimum lot frontage is two hundred (200) feet, except that the minimum lot
frontage oflots fronting on a cul-de-sac shall be at least two hundred (200) feet at the
building setback line.
(3) The minimum lot depth is two hundred (200) feet, except that lots fronting on a
cul-de-sac shall be at least two hundred (200) feet at the building setback line.
(4) The maximum lot coverage is twenty (20) percent.
(5) The minimum setbacks are as follows:
a. For front yards, fifty (50) feet.
b. For rear yards, fifty (50) feet.
c. For side yards, ten (10) feet.
(6) The maximum height is as follows:
a. For the principal structure, three (3) stories/forty (40) feet.
b. For accessory structures, three (3) stories/forty (40) feet.
(7) The minimum driveway separation is as follows:
a. If the driveway is on a collector street, four hundred (400) feet.
b. If the driveway is on an arterial street, one thousand two hundred fifty (1,250)
feet.
(Ord. No. 80, Art. V. § 3(5-3-5),12-15-86; Ord. No. 170, § 1,7-23-92; Ord. No. 194, § 1, 10-11-93)
-
.
Sec. 20·576. Interim uses.
The following are interim uses in the "A-2" District:
(1) Reserved.
Supp. No.9
1207
§ 20-576
CHANHASSEN CITY CODE
(2) Mineral extraction.
(3) Reserved.
(4) Mobile homes (compliance with section 20-905 is not required).
(5) Bed and breakfast establishments.
(6) Commercial kennels, stables and riding academies.
(7) Wholesale nurseries.
(8) Golf driving ranges with or without miniature golf courses.
(Ord. No. 120, § 3, 2-12-90; Ord. No. 140, § 1,3-11-91; Ord. No. 240, § 17,7-24-95)
Sees. 20-577-20-590. Reserved.
ARTICLE XI. "RR" RURAL RESIDENTIAL DISTRICT
Sec. 20-591. Intent.
The intent of the "RR" District is to provide for single-family residential subdivisions
intended for large lot developments.
(Ord. No. 80, Art. V, § 4(5-4-1), 12-15-86)
Sec. 20-592. Permitted uses,
The following uses are permitted in an "RR" District:
(1) Single-family dwellings. \,
(2) Public and private parks and open space.
(3) State-licensed day care center for twelve (12) or fewer children.
(4) State-licensed group home serving six (6) or fewer persons.
(5) Utility services.
(6) Temporary real estate office and model home.
(7) Agriculture.
(8) Antennas as regulated by article XXX of this chapter.
(Ord. No. 80, Art. V, § 4(5-4-2), 12-15-86; Ord. No. 259, § 9, 11-12-96)
.
.
Sec, 20-593. Permitted accessory uses.
The following are permitted accessory uses in an "RR" District:
(1) Garage.
(2) Storage building.
(3) Swimming pool.
Supp. No.9
1208
i!o----
",. ~'''';''~
",.-
CITY OF
CHANHASSEN
90 City Cmt" Drive, PO Box 147
ChanhllJJm, Minntsotil55317
Phone 612.937.1900
Gm"a1 Fax 612.937.5739
Engineering Fax 612.937.9152
"ublic Saftty Fax 612.934.2524
Irtb www.ci.chanhfIJSm.mn.us
MEMORANDUM
TO:
Cynthia Kirchoff, Planner II ~
Steven Torell, Building Official / ì
May 8, 2000
FROM:
DATE:
SUBJ:
Site plan review for: Miss Rosie's Fann
I have reviewed the plan for Miss Rosie's Fann, a proposed petting zoo, and have
the following comments based on the limited infonnation provided:
-
All buildings must meet code requirements as required for new buildings because of
the change of occupancy classification.
All buildings and areas intended for use by the public must be on an accessible route
and accessible to people with disabilities.
Two accessible parking spaces must be provided.
Accessible sanitation facilities must be provided. The number of fixtures required
will be detennined after specific use information is provided If this fann is intended
to be used on a short tenn, seasonal basis, portable facilities may be provided, any
other use would require pennanent facilities. If pennanent facilities are required, :
two acceptable septic sites must be evaluated and located by a licensed designer.
Food preparation facilities would require approval from the Minnesota Department
of Health.
Structures intended for public use must be evaluated by a structural engineer to
detennine if the building is.safe for occupancy.
GIsafetylstlmemoslplan/missrosiesfann
· ,
._.......~dZá
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.--~
NonCE OF PUBUC HEARING
'. - .
PLANNING COMMISSION MEETING
TUESDAY, "UNE 8, 2000 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
890 CITY CENTER DRIVE
PROPOSAL: Zoning Ordinance Am.....ment APPUCANT: S...... McAllister
and Interim U.. Permit
LOCATION: 7461 Hazeltine Blvd.
NOTICE: You are Invited to attend a public hearing about a proposal In your area. The applicant,
Susan McAllister, is requesting an amendment to the City Code to allow petting farms as an InterIm
use In the A2, Agricultural Estate District and request for an Interim use pennlt to operate a petting
farm In the A2 District, located at 7461 Haze/tine Blvd.
What Happens at the MeetIng: The purpose of this pUblic hearing is to Inform you about the developer's
request and to obtain Input from the neighborhood about this project. During the meeting, the Chair will lead
the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The Developer will present plans on the project.
3. Comments are received from the public.
4. Public hearing Is closed and the Commission discusses project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during
office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Cindy at 937-1900 ext. 117. If you choose to submit written comments, It Is helpful to have one
copy to the department In advance of the meeting. Staff will provide copies to the Commission.
Notice of this public hearing has been published In the Chanhassen Villager on May 25, 2000.
..
SII8
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'I~~PW -:,,1
~09tS JaSI!1 .
ESTWOOD
01 PARK DR
~~SSEN ~ 55317
.'...'
òRALD A & ELAINE A
60 HAZELTINE BLVD
:CELSIOR ~ 55331
COB 0 CROOKS & MICHAEL A &
50 HAZELTINE BLVD
CELSIOR MN 55331
-INPSAVARYN ClOPAUL
;0 NORTH SHORE RD
\CONIA MN 55387
ARLES II' MARKERT
,I HAZELTINE BLVD
BOX31)
CELSIOR MN 55331
RON A& MARY M
1 HAZELTINE BLVD
CELSIOR MN 55331
:;ENTS OF UN IV OF C/O REAL
15TH AVE SE
DON HOWE
\iNEAPOLlS MN 55455
.
_LS PROPERTIES INC A TIN: TOM
BOX 971
AINERD MN 56401
Planning Commission Meeting - April 19, 2000
REGULATED BY THE STATE OF MINNESOTA'S WETLAND CONSERVATION
ACT.
Dave Hempel presented the staff report on this item.
Peterson: Any questions of Dave? Thank you. Motion and a second for a public hearing.
Kind moved, BIackowiak seconded to open the public hearing. The public hearing was
opened.
Peterson: This item is open for a public hearing. Anyone wishing to address the commission
please come forward and state your name and address please.
Kind moved, Sidney seconded to close the public hearing. The public hearing was closed.
Peterson: Public hearing closed. Commissioner comments. Anything?
Kind: I think the staff report looks complete to me.
Peterson: Ditto. Motion please.
Kind: I move the Planning Commission recommends the City Council approve Wetland
Alteration Pennit #99-1 subject to the following conditions I and 2.
Burton: Second.
Peterson: Any discussion?
Kind moved, Burton seconded that the Planning Commission recommends that the City
Council approve Wetland Alteration Permit #99-1 subject to the following conditions:
1. Wetland Conservation Act and the City of Chanhassen Surface Water Management Plan ,
requirements.
2. The applicant shall develop a sediment and erosion control plan in accordance with the
City's Best Management Practice Handbook. Type III erosion control fencing will be
required around the existing wetlands.
All voted in favor and the motion carried.
PUBLIC HEARING:
CONSIDER AN AMENDMENT TO THE CITY CODE TO ALLOW PETTING FARMS
AS A CONDITIONAL USE IN THE A2. AGRICUL TURAL ESTATE DISTRICT AND
REOUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A PETTING FARM
21
Planning Commission Meeting - April 19, 2000
IN THE A2 DISTRICT. LOCATED AT 7461 HAZELTINE BOULEVARD. SUSAN
MCALLISTER.
Public Present:
Name
Susan McAllister
Uli Sacchet
Vernelle Clayton
Boyd Peterson
Address
7461 Hazeltine Boulevard
7053 Highover Court
422 Santa Fe
9860 Pioneer Circle
Cindy Kirchoff presented the staff report on this item.
Peterson: Any questions of Cindy?
Burton: Mr. Chair I have a question. I may have missed it in the papers. Are they still, is the
applicant going to live in the house? Yeah?
Kirchoff: Yes.
Burton: Okay. And then I'm struggling with the home business ordinance and I'm wondering if,
does the interim use pertnit kind of trump that ordinance? Is that how it works?
Aanenson: Right. And that's when Cindy did the original research on this, that was part of our
discussion to say that, it doesn't fit into the home occupation. There's no way. That's why we
developed a separate interim use under the A2 district. Some of the things we struggled with is
that you have to keep in mind, whatever we put here, it can also be applied in any other A2
district that would meet the same criteria.
Peterson: Other questions?
.
Kind: Yes Mr. Chainnan. Rain, Snow or Shine, is that what it's called? Yeah. They have an
interim use pennit. How long is theirs for? What's the sunset?
Aanenson: It's outside of urban services. It was never our intention to provide municipal
services to that. That's an anomaly in the fact that it does have an interim use. More than likely,
and our comprehensive plan doesn't propose putting urban services south of existing 212. It's
predominantly flood plain. Most of that property there is in the flood plain. So it's a little bit
different but we do have that there is a date on that. Until urban services or the character changes
so more than likely it may never change. What we struggled with on this is that right now if you
go out to it, it is vacant but we project with this property going in and the frontage road, that over
the next few years it's going to change significantly and there may be more complaints when you
look at the proximity of some of those farm uses.
22
Planning Commission Meeting - April 19, 2000
Kind: What I'm wondering about is if the applicant needs to wait until West 78th is put in. She
can't even start her business right away so you know, 5 years now is 4 years or dare may I even
say less.
Aanenson: That was our concern...
Kind: So yeah, I'm not sure if 5 years is the right number either but I don't know how you arrive
at the right number.
Aanenson: Until they have access off of West 78th. From that date forward. That was our
concern if the use was going on now and.
Kind: So if the use is going on now, can't the access be 4l?
Aanenson: .. .sight lines. I'll let Dave comment on that but that's a good question.
Kind: Yeah. Yeah. Just one more before Dave jumps in. Just kind oflooking at some of the
differences between staff report and what the applicant has requested. Give me a little rationale
for number of employees that are non-residents.
Kirehoff: We were trying to limit the intensity of the use and that is what is permitted as part of
the home occupation ordinance. So I think allowing more employees will increase the intensity
of the use. It's only 6 acres and ifit's supposed to be a rustic farm type of activity on only 6
acres, you want to limit that activity. If they have 5 employees, the intensity of the operation may
be increased.
\
\
Kind: The parking controls that soniewhat, yeah.
Kirchoff: Yeah.
Kind: Okay. I think that's all. And then Dave, do you want to talk to the 41 thing?
.
Hempel: Sure Mr. Chairman, commissioners. Access control along 41 is under the jurisdiction
of Minnesota Department of Transportation or MnDOT as we refer to them as. The access
control that's currently in place is for single family fann resident. This proposed application I
would assume greatly intensifies that access. It may not be pennitted by MnDOT. MnDOT is in
negotiations with the applicant to relocate their driveway from Trunk Highway 41 to West 78th
Street. The time line for that however most likely will not occur until the year 2001. So she will
have her existing driveway through the year 2000. At least. So I had some reservations speaking
on behalf ofMnDOT on that control access point of her driveway. I would assume that they
would not want to intensify the use of that property through that access point. My opinion.
Thank you.
Kind: Thank you.
23
Planning Commission Meeting - April 19, 2000
Peterson: Okay, other questions?
Sidney: Yes Mr. Chair. Thinking here, and I'm not sure if! quite understand. I'm trying to
think about a petting fann in general and what a definition of a petting fann might be. On page 3
you talk about exhibition of animals, retail activities and special events and yet on the applicant's
brochure I see day camp as well. Could you speak to that? Will children be there all day and
what are the activities and such things?
Kirchoff: The infonnation that's located in the staff report was given to us by the applicant. The
brochure was more for informational use for you. And as far as we're concerned, this would only
be approving the petting farm and not a day camp.
Sidney: Okay. Does a day camp require a different type of?
Kirchoff: Well that's a more intensity of the use.
Sidney: So it's a question for the applicant I guess. Okay.
Peterson: Okay, anything else?
Blackowiak: Mr. Chair I've got a couple questions. Cindy when you were talkingabout
conditions, did you say II? And if so, did I miss something?
Kirchoff: Yes, they're misnumbered. The first condition is supposed to be the site plan. Show
compliance with Section 20-267 for petting fanns. That was supposed to be condition I and it
started with the following.
Blaekowiak: Okay. I understand that then. Got it.
Aanenson: So first we develop standards because we don't have any standards in place. Then
\\'C added conditions specific to this one.
.
Kirchoff: I apologize for that.
Blackowiak: Okay. I just thought I maybe had missed something. Okay, so back to Section 20-
267. We talked a little bit about hours of operation. I assume you mean 8:00 a.m. to 8:00 p.m.
on page 8. And it also says that the Council may further restrict hours of operation if use is
located adjacent to property guided residential. This property is located adjacent to property
guided residential. So what, give me a for instance. The council could say what? 9:00 to 5:00?
10:00 to 4:00? I mean kind of whatever works for them or would they, if they were there "first"
would they have a little more say? How does that, it looks like a rock, paper, scissor. I mean
who trumps ultimately? I mean who wins?
Aanenson: Well I think in deference to the applicant.. .give some standards to follow. If you're
not meeting the standards, if there's complaints or something there, I think you have to go back
24
Planning Commission Meeting - April 19, 2000
and readdress that, which you have a right to do, but I guess when we were looking at it, if you
have kids in activities with a lot of animals, it could be noisy and that's the concern that we had.
Is that noise at 8:00 p.m. Obviously in the winter I don't think you're going to have a lot of,
again we tried to keep the lighting down but in the summer.
Blackowiak: Okay. Would the noise and nuisance ordinance also apply to this so when we look
at hours of operation and that type of thing, that could also be used for guidance?
Aanenson: Or establish those.
Blackowiak: Okay. Then one more question. Oh yeah this is back to this, on West 78th versus
Highway 41. I think this is for Dave. . Currently the applicant does have two driveways on 41 so
MnDOT affectively could come in and say you can't have either? I mean what's, theoretically. I
mean I don't want you to speak for MnDOT but could they take both of those accesses away
from the applicant? Is that within their jurisdiction?
Hempel: Mr. Chainnan, Commissioners. I don't think they would take it away. Not total access
anyway. I think the secondary access has not really been used much and is under, from previous
discussions with the applicant and MnDOT, is in question whether it's been an actual pennitted
through the State, an access point. I mean it just happened there someday. It may not be an
approved access point from the beginning. There's being some research done on it. I don't think
that access point either has been used much. It would be, some maintenance done to move that
but as far as your question goes, I think it would maintain the current access there obviously until
the new frontage road's in.
Peterson: Okay, thanks. Other questions? Would the applicant or their designee wish to address
the commission? If so, please comE ,up forward and state your name and address please.
Susan McAllister: My name is Susan McAllister and my address is 7461 Hazeltine Boulevard.
And I'm here because I knew way back in 1989 or 1990 I was going to be standing here trying to
figure a way to preserve my farm because I love it so much. I love the ambience that goes with
it. You know the tranquility that's left in that corner goes with it. The green space that goes with:
it. The historical building. The life style that came with our fore fathers and the way that we say
that we're proud of our heritage. I'm here to protect that and to try to figure a way to make it
work and I put together this plan that I believe will do all of that. I think it'd be a great asset to
the community. I have a narrative in there that I believe has, you know I don't know, I hope all
of you have read it. I also have some letters that I would like to hand out or some infonnation
that appeared in the newspaper but just as a handout when I'm referring to it with, you know as
I'm addressing the concerns. Also I have some photographs of the area. The petting farm and so
on, and some photographs regarding the parking that there would be a concern with the 100% or
whatever coverage of storage areas or whatever. Or not parking but of the pink trailer that I have.
So do you mind if! hand that out?
Peterson: Go ahead. Okay I guess I'm, this has got quite a few different issues that are of
concern with people. I need to let you know up front that I'm approved by the USDA as a person
25
Planning Commission Meeting - April 19, 2000
that maintains and keeps my animals and handles them and I have strict guidelines to follow with
them, you know because I'm exhibiting animals. I currently and have for years had a petting zoo
that traveled. A petting fann or a petting zoo because I'm not you know traveling the fann, so
it's considered a petting zoo and I travel to different, you know like festivities in Excelsior or
wherever. I've gone to many nursing homes. A lot of things like that so that's what I currently
do. And I'm trying to simply have the public come in and enjoy what I'm doing and share it
because I think it's so wonderful. So I'll start with addressing the concerns I guess. Okay,
number one was, they're not necessarily in the order but intensity of the use of a 6 acre parcel.
Number two would be the parking limited to 10 stalls with the provision for only one bus.
Number three, only one non-resident employee shall be employed on the site. Wildlife or exotic
animals was another issue. And then the 5 year interim pennit instead of a conditional use. I
need to tell you also that I did apply for a conditional use. I am here requesting a conditional use
pennit. I am not here trying to get an interim use, but in the concerns I think it will address it a
little bit but if there's not a clarity, I want somebody to be able to ask me what it means, okay?
Okay, number one. Intensity of the use on a 6 acre parcel. I am assuming that the concern is that
the property might be physically too small for this type of an operation. The facilities on the site
are estimated to be well below the maximum coverage allowed of20% in the A2 zoning code.
From the diagram I have attached of the fann, you can see that the majority of the area remains as
pasture, wooded areas and adjacent wetlands in the Bluff Creek Watershed. This shows, I mean
wherever there's not, you know the dark buildings are the only thing that are there right now and
all this other, you know area is basically, it's green. I mean it's basically green. I'mjust going to
add a little, a summer kitchen which means that you know with the old fanns they had you know
grandma, or mama when she cooked wanted to keep the house as cool as possible without any air
conditioning so they would cook in the summer kitchen. It's approximately 10 x 12 feet, and I
would be serving like bar-be-ques and pre-packaged like foods like chips and so on out there.
It's a very simple type of thing. And then also where the garage is situated right in this area
would be a little bit of a larger you know like, well there's going to be the retail area and the
pony ring but so I mean basically as we go through, these dots don't mean any physical building.
It just means an area that I'm pointing out. Okay. I'm estimating that there would be no more
than 100 visitors at one time. They would be broken up into smaller and more manageable
groups of 10 or 20 people for touring. So the property will easily accommodate that number of
visitors without causing any crowding. For a comparison as a coincidence actually, I have found:
this copy of the article from the Villager which was dated, and you've got a copy of it, April6'h,
that talks about the Wells Fargo Family Farm that is actually being built at the Minnesota Zoo.
So what they're doing is they're re-creating a fann. It says they're re-creating the guests will be
immersed in a rural experience to celebrate Minnesota's agricultural heritage and future. It's on
an 8.5 you know, 5 acres the farm is situated on and will have several more buildings according
to the article than my plan and will also include crop plots, flower beds, vegetable gardens and an
orchard. It is estimated, according to the article to have 1.2 million visitors a year. My littlè fann
will have fewer facilities and a lot fewer visitors. I mean they are actually attached to the
Minnesota Zoo. So what I'm doing is basically what they're attempting to do but what they've
kind of like changed the buildings a little bit. The kids can be, it says in here for the grain
elevator, visitors can learn about the development of rural communities and how the grain
elevator works. Kids will become grain as they climb the leg and slide into the binds. My barn
is an actual, authentic one. It's, you know you get there by a country road and path. They've got
26
Planning Commission Meeting - April 19, 2000
a fann house. They've got a chicken house where visitors can explore the chicken's life cycle.
This is what I'm going to be doing. Kids can experience life as a chicken on kids size roosts and
on kid size nest boxes. I don't have that and I'm not going to attempt that. Dairy barn. In the
actual barn as you can see here, the barn is actually a gabled barn like I have and that, in the dairy
barn visitors will be seeing calves and their family cows in their tie stalls. In the milking parlor
visitors can observe daily cow milking demonstrations. I have goat milking demonstrations. The
swine barn. Throughout the summer the swine barn will have litters of piglets you know with
their mother in the fairing pin and they can see that. Then they've got the machine shed, the goat
and sheep barns so basically you know what it is, for $750,000 to start out with, they came up
with a new barn you know and they've got like a little more land, 8.5 acres and they've got the,
which I'm sure that they put in the flower beds and vegetable gardens. I only have a little over 6.
IfI take out the flower beds and the vegetable gardens I believe that I have basically the same
size that they're trying to accommodate with their plan. So I believe that I definitely can make
my little fannstead work. There's been comments about the, you know like maybe not enough
land or so on but actually when you look at the farms without the part that you plow and the
working area for the tractors and so on, the fields, the actual barn yard is the part I'm trying to
preserve and that kind of was 5 to, you know like maybe 10 acres at the most for like the fann
animals. I'm trying to preserve a snippet of what's left to preserve and I don't have an option of
buying any more land. I've tried. It's not available. Okay. I have reviewed my plans taking
staffs comments into consideration and I believe that my request is reasonable for this size
property. Especially considering the amount of open space that will be preserved in the
proximity of the Bluff Creek Watershed. Anything less than my proposal could negatively
impact the experience that I am trying to create for visitors in the community. As an example an
acre equals 43,560 square feet times 6 is 261,360 total square feet on the property. And it's the
20% ratio is 52,272 or 1.2 acres. I haven't even calculated the impervious surface because it's
basically open area, okay. And keep in mind I'm living there and I want to keep it looking like a
1920's farm. Like I said, I want it to look like that and I don't want it to look like Camp Snoopy
so it has to have that old farmstead look. Okay, number two with the parking limited to 10 stalls
with the provision for I bus. Assuming 5 people per car, 20 cars would accommodate 100
visitors. Assuming 50 people per bus, two buses would accommodate 100 visitors...I would
appreciate it being included in the motion as approval for staged construction. I can then start
out with smaller parking facilities and add to it as the need exists. As in this time right now
there's daffodils having, you know they're planted right where the parking would be. And at this
point people can park in the circular driveway. I'm not having an enonnous amount of people
coming to come over there right now. It's just, I need to work into it okay. Okay, so I'm asking
to change point number 2 on the recommendations on page 9 of the staff report. So let's see
where are we at? Okay, parking should be limited to 10 stalls with provision for only 1 bus. So
you know, okay. Number three. Only one non-resident employee shall be employed on the site.
Okay, this standard was detennined by the home occupation ordinance that applies to a business
being run out of a single residence. Okay, that refers to staff report page 3. The nature of this
facility requires help with a variety of tasks. If you read my description in my little brochure it's
really a colored version of a business plan is what it is. There's more than one activity going on
at a time and besides that there's cage cleaning and maintenance, animal cleaning and grooming,
yard, pasture and ground maintenance. Retail shop would have sales, stocking, bookkeeping, etc.
On-site demonstrations and tours. And the USDA license requires ample people to care for
.
.
27
Planning Commission Meeting - April 19, 2000
animals in supervised public involvement. My current fann activity currently requires 2
employees with a future estimate of 4 to 5. According to my rules and regulations book of the
USDA that I absolutely have to follow, it says for employees. A sufficient number of employees
shall be utilized to maintain the prescribed level of husbandry practices set forth in this sub part.
Such practices shall be under the supervision of an animal caretaker, who I am you know. Who
has a background in animal husbandry or care. So I cannot physically be down at the barn, let's
say I'm down at the barn. There's kids coming through or whatever. I have to make sure that
they're not teasing the animals and they're not doing anything to cause any injury or any kind to
anybody, including the animals. And the pony rides have got to be like led by a person. You
know when you open up the little gate the ponies know that that's the only way they can go is
around in a circle. Okay, you have to be there. That doesn't just go by itself. Then there's going
to be like goat milking demonstrations. Not every day but there will be. People taking, you
know like somebody taking the money or leading the tour so the Bluff Creek possibly water, you
know the Bluff Creek area okay. And the store. I mean there's no physical, possible way that I
could do that with only one person. On an every day basis. There's no way. Okay. Okay, this is
a reasonable request to meet the USDA requirements and properly service a 6 acre petting fann.
This will require either changing the ordinance point number 3 or the recommendation for this
permit on page 9 of the staff report to allow for 4 to 5 employees. And that, like you know, it
might not be 5 and it might not be 4 but I need to have, you know like I'm hoping that it could be
4 if! choose it. But I need to like I said to have, you know I can't have a liability situation like
that. It's something that I absolutely have to have to meet the requirements of the USDA.
Whether I'm you know like, even when I go out I have to have somebody helping me with the
little small one. Okay, number four. Wildlife or exotic animals. In our last meeting there was
some concern about whether or not my petting farm would include animals that might be
dangerous. I think we're all aware of some incidences recently that involved private citizens
who, on TV, who had purchased dangerous animals, a panther and a tiger specifically I recall,
and were housing them on their properties. This is not in Chanhassen okay. Just so you don't
get a little bit nervous. It's not in Chanhassen. I believe that those incidents and the city's
experience with prior "nuisance" complaints about other properties has resulted in the restrictions
being placed on my application. I would like to propose what I think might be a reasonable
compromise to that. 1 reviewed the city's animal and fowl ordinance which is Chapter 5 of the
C ùde Book which includes a section on dangerous animals. And the City's nuisance ordinance, ,
Chapter 13. There is nothing in those two chapters that would prohibit a resident from owning a
wild or exotic animal anyplace. In fact, many residents have pets that would fall under that
heading such as and including, parrots, ferrets, chinchillas, hedge hogs, doves, pigeons, snakes,
lizards, iguanas and so on. All can be purchased at local pet stores and just for your knowledge,
if anybody is holding a DNR permit that they are allowed to have like the Canadian Geese or
whatever as a native to our area. A Canadian Geese are exotic because they migrate and they
migrate to Mexico sometimes so they're definitely considered an exotic bird. I've checked all
this out with a vet so. Okay. In fact according to the City ordinance to own a "dangerous"
animal a resident just simply has to register it with the Public Safety Department and provide
proper housing. And if you look at the ordinance that's hardly anything, okay. And all it
requires a 4 foot leash and muzzled if possible. When in public. Okay. So I'm well within any
laws that are in place. I mean I'm not even teetering on breaking anything. Okay. My
application includes animals that are not necessarily considered customary fann animals but they
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Planning Commission Meeting - April 19, 2000
are certainly not considered dangerous. They are animals that are of interest to the public or are
available to the public that can learn about and experience first hand while visiting my petting
fann. There would also be animals that would only be on my property temporarily. I am a
qualified wildlife rehabilitation provider. I'm in the process of getting my license from the DNR.
That means I would nurse local wildlife patients back to health for transportation and release
back into the wild. This might include fawns, squirrels, birds, mink, ground hogs, coyote, or
coyote, however you want to say it. Fox, etc. My license requires that they be kept from the
public to avoid imprinting. So they would be housed away from the public and other animals.
That means that the public cannot look at them because if they get used to the public, they don't
know how to live wild. Okay, so they're going to be housed there but they are not going to be
interacting with the public, okay. Wildlife rehabilitation is a service that is grossly under
provided in Minnesota so I will be providing a much needed public service. I'm also located in a
really nice area where the Bluff Creek Watershed is. The head waters. There's a lot of wildlife
there. Every day almost 1 see the coyotes. I definitely see the fox. There's wild turkeys. There's
a lot of you know like deer or the fawn. When you hear like a gun shot at night, I didn't really
always know what that was but I found out from the police that it was, they were putting them
out of their misery because there was not place to put them. So any deer or fawn that gets injured
automatically you know, if they can't walk away from it, they're dead. You know that's just the
way it is. And there was an incident in Plymouth where a coyote jumped through some bakery's
window. I can't remember. It was McGlynn's Bakery's window. And you know, the wildlife
are getting displaced and this is going to be happening more and more. You know where they
think they see themselves in the mirror and they get scared or else they think that's something
else in the mirror off of a window and they you know, are curious or whatever. I don't know
what reasons but anyway I'm just saying that as we take away their area where they're used to
being, they're going to get displaced and they're also getting more friendly because I actually had
a coyote, and believe this or not. ,,\hen I had my 3 goats, I got up at, you know I always get up
early in the morning and I happeneø to look out and I saw my 3 goats, well there was 4 of them
there okay and I only have, at that tÎme I only had 3. I've got 4 now but one was sitting on it's
hind legs and I walked away from the window and I go wait a minute. Wait a minute. Goats
don't sit on their hind legs and I came back and the coyote was sitting right next to my goats
which was just amazing. So I mean I definitely, if any wild animals, I can tell you I've got them
right where I'm at. Okay, the existing city ordinance addresses nuisance situations that might
arise and include provisions for enforcement. City ordinances also address situations involving
dangerous animals. So I would like to propose rewording point number 4 of the ordinance to the
following. Are you familiar with the point number 4? Do I read it or do you, okay. Customary
fann animals and other domesticated animals will be allowed on the site. Large carnivorous
animals such as lions, tigers and bears will be prohibited. Okay, did you get that? See because
anybody right now could get any kind, I could right now just go to Stacy, Minnesota or down to
southern Minnesota or whatever without breaking any laws. I'm not even coming close to it, and
come back with a lion, tiger, bear, bobcat, lynx, you name it. Boa constrictor. I can have it and
anybody can have it in the city so, it's not anything I did. It's something that was put in place a
long time ago. Okay, the recommendations for this pennit could then include a condition that
reads, rehabilitating wildlife will be restricted to non-public areas and housed according to DNR
and USDA standards, which is page, you know refer to page 9 of the staff report. So that would
.
.
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Planning Commission Meeting - April 19 , 2000
then allow me, allow you people to feel more safe, okay. But allow me to do the rehabilitating of
the wildlife, so that's my proposal on that.
Aanenson: Mr. Chainnan can I just, before we lose track of this whole issue. This is an interim
use. Staff can apply conditions we think as reasonable. We just think that it's way too much for
us to try to regulate who can be seen. Who can't be seen. That was our recommendation. I
won't address the points but just the number and the type and the different standards. Certainly
she can have that but because she's asking for something different on the interim use we can
adopt standards and that's where we were coming from, just so you understand that issue.
Burton: Mr. Chair, I know this is going out of order but I'd like just to ask a question to follow
up while we're on this. I'm looking at what they have what the staff recommended and it says
it's subject to the plans dated February nod. So I'm not sure which, are the plans dated February
2nd the plans that are followed or the?
Aanenson: This site plan, right.
Burton: But her, this, Miss Rosie's fann thing that says what they're going to do, that's not the
plan?
Aanenson: That's her, that was her proposal. The staff developed criteria based on what we felt
what was reasonable and meets with the property and to mitigate those impacts and that's what
we're saying. She could do that now. There's certain things you can do in any residential zone
but what we're saying is since she's asking for a certain permit, we can set up standards. We're
saying it's way too confusing to try to keep track of all that. To go out and inspect and what can
be seen. What can't be seen. All that.
Burton: The other thing that's confusing me Mr. Chairman is that it's date stamped says
February 22nd on here and I'm not sure when it says subject to the plans dated February 22nd.
Does that mean that?
Kirchoff: That's the site plan.
.
.
Burton: Not these plans?
Aanenson: No, the site plan.
Susan McAllister: Okay Kate I need you to clarify what you're saying. I don't, you know I want
it clarified a little bit more.
Aanenson: You're asking for a change in the zoning ordinance. It's staffs job to review that
application and recommend standards. That's why our proposal is recommending standards that
we think are manageable. Although they may not be in concurrence with what your ultimate
wish is. We think that those are manageable standards. The Planning Commission and the
Council mayor may not agree with those conditions but we think that that is something that we
30
Planning Commission Meeting - April 19, 2000
can get our hands on. The depth of your proposal we think is too intense and we can't manage
something that big and that was our recommendation. Where we were coming from.
Susan McAllister: Okay, but we just talking about, weren't we just talking about.
Aanenson: Animals.
Susan McAllister: Yeah.
Aanenson: Your point was that you could have all these animals. Yes you can but you can't
have a petting zoo or a petting fann.
Susan McAllister: Okay, but if! don't you know, if! decided that I'm going to go away here and
get nothing you know from you or we can't work it out, then you can't even regulate my manure
right now because Chanhassen doesn't have you know a feedlot ordinance. I don't think they do.
I'm trying to work it out with you but.
Aanenson: We're trying to too. We're trying to avoid the situation that we just had the first item
of business of the, if it's a conditional use then it's, you can't have people to your property right
now to do the petting zoo. That's what we're trying to allow. But in order to do that we're trying
to mitigate, what scale is it going to be? We've already heard a horror story today of a situation
that's incompatible and that's what we're trying to avoid. If we give it a conditional use, if she
sells tomorrow that conditional use runs with the property. And that's what we're saying. That
mayor may not be the best decision. It's hard to look 5, 10, 15 years down the road. I was just
trying to explain...
Susan McAllister: Right, but getting back to the animal situation. I travel with my petting zoo,
okay. I can keep taking my show 011 the road and not, you know we might not come to any
workable arrangement here whatsoever. And if! can come to an anangement, or if we can work
this out with you, or if! can work this out with you, then you can put conditions on what I'm
doing now. Right now nobody's, you know there's, you know there's been no nuisance
cl,mplaints, okay. I've got, you know I've had no problems. You can't regulate. I could come, :
please don't take this wrong. I do not plan on coming home with a bear, okay. But you can't
regulate anything that I'm doing right now and I'm not trying to be brazen, believe me I'm not.
I'm trying to be workable but all I'm trying to do is say that I would like the public to come and
enjoy the experience. That allows you to put conditions on what I'm already doing now and
doing in the future. So, okay. All right, I'll go on. Five year interim pennit instead of a
conditional use pennit. My application has been submitted for a conditional use pennit due to
the large financial investment that will need to be made to provide the "historical preservation of
the existing farmstead". In a friendly conversation with staff! have speculated that one never
knows what might happen and this is how this became like an interim use type of thing, I think.
Maybe I would move on in 5 years. That's kind of, you know that's basically what I said. I did
not intend for that comment to be used to restrict the timeframe for my business and the use of
my property. I have contemplated setting up this business for a number of years now and I am
committed to seeing it done right. That means a significant financial and personal investment on
31
Planning Commission Meeting - April 19, 2000
my part which gets into historical preservation. I mean you know as time goes, it's going to be,
it's going to end up getting to that okay. So I am requesting that the city grant my request for a
conditional use pennit. If that is not possible the interim use pennit should remain in effect until
such time as the property no longer complies with the conditions of the pennit or becomes a
public nuisance in violation of the city's nuisance ordinance at which time it will revert to it's
current zoning and use. I could agree to a condition that would allow that after 10 years of the
original pennit being granted the city has a right to review the conditions of the pennit and make
changes consistent with the existing city ordinances. And that's referring to recommendation
number 10 of the pennit. Okay. Hang on a second. Okay, there was a location concern at one
point, adjacent to Highway 41 and the 78th Street frontage road for Highway 5 so access
transportation needs are easily accommodated in this location. Adjacent to the Bluff Creek
Watershed which will preserve additional green space and add the natural and historic character
of this area. And it's located in the proximity of other significant recreational and educational
destinations such as the Arboretum, Minnewashta Regional Park, Carver Park Reserve and the
Loring Nature Center. I'm a really good fit to this area, okay. The residential development
proposed on the adjacent property is buffered by the large pasture on the east side of the site.
Okay. This is the east side of the site so right here. And these are where the Pulte Homes are
proposed to go in here. Okay, in fact the conceptual proposal only located two townhome
buildings adjacent to the property line. Do you, I'll show you a map of that. I don't think you're
going to see this but there is two strips going right here, okay. So this is the east side and this is
the two strips, okay. West 78th Street separates the development to the south and the boulevard
plantings provide additional buffering. Only the end units of three buildings will parallel this
property. The residential development to the north is buffered by a large wetland complex which
is the Bluff Creek Watershed. The corner of Highway 41 and 5 has been referred to as the
entrance to the city. I believe that the historical preservation of a farmstead in this location
would further enhance this entry point to our community. And that's basically, I guess we can, if
you have any concerns about the pictures, you want to see, you know ask any questions, I'm glad
to answer anything. But what I'm trying to get at is for the significant amount of money I'm
going to have to invest in this to keep the buildings going and everything you know to look still
good, it's going, I can't afford to be there for 5 years and then even if you want to force me to not
be able to have you know people come over for, until my driveway's there, that's going to take
up another year which allows me 4 years. So that's my concern.
..
..
Peterson: Any questions of the applicant?
Sidney: Yes Mr. Chair. I alluded to a question about day camp. I guess what is your intention
for, you know would buses of kids come in for the day?
Susan McAllister: There's no day camp with this. Like I said no. I mean that brochure, I just, I
was putting out things. I'm an artist type of person. I can see things better like that and I just
thought you know this would make the beginnings of my brochure and so you know, that's
changed and it's not a day camp. It's only a petting fann.
Sidney: So what is the nature of the business then? Do people just come in unannounced so to
speak or do they set up appointments for car loads?
32
Planning Commission Meeting - April 19, 2000
Susan McAllister: Yeah, they would set up appointments and they also could come in
unannounced and you know, be able to have a really enjoyable experience. It's non-violence. It's
something that's totally different than what people are used to doing here and have the kids
actually interact with the animals. Be able to groom the animals. See a milking goat
demonstration. It's a hands on petting fann is what it is so they can like feel the fur of the
chinchilla. You know like especially for like blind kids or something. They need to touch
animals that are not big, lumbering pigs you know, so I need to have those little animals there.
And you know, I'm going to have a bird, aviary in the basement of the barn where I'm going to
be housing the peafowl which includes one peacock and two peahens. Some Chinese Golden
Pheasants which are native to Asia. The original, what the heck is it? Jungle fowl that is, as part
of my teaching program to kids, the jungle fowl is a very, the roosters and all the hens that we've
got now originated from the jungle fowl so it's considered an exotic bird.
Sidney: Okay so bottom line is no day camps?
Susan McAllister: No, no day camps. I'm sorry...I'm trying to sell this thing.
Sidney: But I do want to make one comment which I guess you missed the last Planning
Commission about the iguana but I do want to ask about prairie dogs because how do you keep
prairie dogs you know without letting them, or if they can get out and...
Susan McAllister: No, they would be in an appropriate size pen.
Sidney: So it's not a prairie dog town or anything?
Susan McAllister: Oh absolutely, I hope not. You know all the animals that I have are going to
be like in their proper area where they're not going to be running at large you know, so that. And
I have to. I can't do that and be licensed by the USDA. I can't. That's not, that just wouldn't.
I'd get in trouble with the nuisance ordinance you know and animal at large ordinance so.
SiJney: I guess what I'm having trouble with is your expectations for the intensity and I guess I :
don't feel that staff is really supporting that because I have a feeling like you do need more
employees for the amount of activity that you're talking about.
Susan McAllister: Well it's, according to my book it describes that I absolutely have to so. Ijust
can't physically do that with only one other person. It's just not possible so I don't know, I don't
know what to say about that. I guess I've said what I need to and that's what I need to say so.
Peterson: Other questions of the applicant?
Kind: Yes Mr. Chairman. You mentioned that you have peacocks right now. Have you had any
complaints about them?
33
Planning Commission Meeting - April 19, 2000
Susan McAllister: No. I have not. None, absolutely. I don't think. I mean nobody's ever
approached me with anything. I don't know how I could because the only, when I was here the
last time I told you know the staff and so on, whoever needed to know, that peacocks, the male
peacock will scream you know like at night or whatever in the day, but if it's at night it's sort of
an eerie sound actually and it's a very wild sound. And you know, he's trying to impress his
mate. I know a lot of other people that are like animals that do it every day but this guys only
does it 6 weeks out of the year so I think that's pretty good.
Kind: And you keep him closed in when he's doing that?
Susan McAllister: Yes, I do. It's from the middle of March til the first, or no. It's from the
middle of April to the first week in June, so that's about 6 weeks so, because like if.
Kind: I get the drift. I get the drift.
Susan McAllister: Okay, I'm just saying if you have animals and you don't know about them,
you're going to have problems.
Kind: You answered my question. And my other one was related to, on the site plan there's no
public restroom facilities. When all these kids are there, where do you propose for them to go to
the bathroom?
Susan McAllister: Well I'd have like a porta-potty there so.
Kind: Like the Bifs or something like that?
Susan McAllister: Yeah, something like that, right.
Kind: And then, one that just came up. When you put down that site plan that had the Pulte
development on there, that looks really amazing to me. You're like a little oasis right there with
all of the, does that look scary to you at all?
..
..
Susan McAllister: Well that looks like a people zoo. I'm an animal zoo and they're a people
zoo. I mean the best way to resolve this whole thing is to just you know zone the northeast side
of you know or the west side as a zoo of some sort and just have us live happily ever after and
interact with each other.
Kind: It's just when you put that down Ijust went wow. You're going to be surrounded. And
you're okay with that?
Susan McAllister: I don't know about okay. I don't want to go on and on but I just, you know if
I, where I'm at I'm trying to protect the farmstead look. If this is what it takes to get all these
houses there to preserve the trees, if that's what it is, then I have to accept it. It's sort of like the
laws of nature. The sun rises and sets at this time of the day at this month, okay. If that's what
that comes to to be able to protect the green space for the wild animals and the beautiful trees that
34
Planning Commission Meeting - April 19, 2000
we're never going to have unless we protect them, then that's what it comes down to. And I
have to really work hard and I'm prepared to work hard. I've been doing it for like 15 years
almost to maintain my animals and do a really good job. I'm a very responsible person. I believe
in the community values of this community and so on, about the citizenship and respect for the
other person and basically if I want somebody to treat me the way I would want to be, you know
treat them like I'd want to be treated and I am trying, you know I'm willing to try to work out and
be very responsible.
Kind: Okay, thank you.
Peterson: Other questions of the applicant? Thank you. Motion and a second for a public
hearing please.
Sidney moved, Kind secondcd to open the public hearing. The public hearing was opened.
Peterson: This is a public hearing. Anyone wishing to address the commissioners, please come
forward and state your name and address please.
Boyd Peterson: Yeah, Boyd Peterson, 9860 Pioneer Circle, Chanhassen. I think everybody in
this room should applaud this lady for going through what she's going to go through for this
community. I'm a father of four kids. I mean none of us are kids here but animals to kids, it's
like you know candy. Sounds like she's willing to put herself on a year by year, 5 year, 10 year
look at me. What do you think? Am I doing it right? Am I doing it wrong? IfI'm doing it
wrong, I'll leave. She's opening herself up. You know what more can we want you know.
Gateway to the town, perfect. You know they've got communities all around that would love to
have a place and a person like that t~at would go on a limb and put something like that in there.
Thank you.
Peterson: Thank you.
VIi Sacchet: I'm Uli Sacchet. I live at 7053 Highover Court. I think this is a really valiant
effort here that deserves to be supported in every which way. I'm concerned when I see so many ..
conditions put on this effort. I understand where you're coming from with trying to balance it in
the context of the ordinances and also in terms of future, where that would lead eventually and
that's certainly a liability that has to be looked at carefully. But I think there's a superceding
thing which is we can't, such a fantastic effort curtail it to the point that it couldn't even support
itself. .. . cutting down staff to the point that it's not workable. I mean I work with animals
myself as a hobby and it's a lot of work and to put something out there that is presentable and
confonns with the regulation on a State level, needs people to help. And also in order to make it
at least somewhat able to carry itself on a financial level, there has to be room for cars to park for
the people that want to come, whether it's a bus or two. So I would certainly encourage you to
look at that as an important thing to make this possible. To support an effort like that because
we're going to look back in two days and you put a very good comment, it's like an island. You
have a lot of people coming to this city and most of these people come out here because they
want to be a little more in the rural setting. And it's kind of a dichotomy what we have here and
35
Planning Commission Meeting - April 19, 2000
we have this exploding development, and it's wonderful. It's a great community. It's good
people. People come out here to be a little bit out of the rat race. Little bit in the rural
community and here is somebody who's going out of their way and willing to make a
tremendous sacrifice to preserve a little island of what most of us brought us out here so I would
urge you to consider that. Thank you.
Peterson: Thank you.
Vernelle Clayton: I'm Vernelle Clayton, I live at 422 Santa Fe Circle and you've seen me here
many times but tonight I'm here as a friend and fellow fanner. And I told Sue that I would
address one particular issue, partly because Ladd brought it up last time and now he's not here
but I thought I would do it anyway. I had a couple other comments that I thought I'd make... and
what she actually has out there now and what she can continue doing. But I think that's all
cleared up so I won't belabor that point. So I will just focus on what I thought I would tell Ladd.
And that is he was a little concerned about the size and Sue addressed it a little bit too and it's
probably clear in your minds now without any comment from me, but as she is enamored of rural
life, so am 1. She's willing to risk a great deal financially and spend an awful lot of time to
preserve it. What I do is I risk a little financial stability and security by buying out my siblings so
that I could in fact keep the farm that I grew up on because once you live on a farm, you never
really want to totally give it up. So I go out there from about now on until about the eñd of
October every other weekend and we fann. And so to put the size of her operation into
perspective and I know that some of you have fann backgrounds so I don't need to tell you this.
6 acres is quite a lot of space for what she wants to do. And so I'm concerned when we address,
I'm not quite sure what it is we're talking about when we talk about intensity. To put it in
perspective on my fann which is basically a cattle farm. Cattle and previously sheep. We used
to have a lot more types of things. We just have cattle now but when we had more things, over
winter which is what I consider a comparable situation for Sue. Over winter is when animals
don't go to pasture. They don't need the extra space. You feed them right in the yard and they
don't leave. In fact you don't want them to leave. The gates are shut. Over winter we had at
times in the range of 125 cattle. Let me back up. We had about 8 acres offaITn yard and a large
part of that was mowed, house, yard and approach and garden. On that then, in our barns we
kept, in and around our barns, approximately 125 heads of cattle. It varied. About 75 head of
sheep and because we just had a small chicken house, we only had about 100, but as you know
you can keep an awful lot of chickens in a small space. We didn't have anybody occupying for
most of the time. One site was over about the age of 10, the horse barn so that was still unused,
and we had two buildings fully filled with machinery. So that gives you some kind of
perspective. She's talking about upwards of 80 I think, and that includes some little bitty
animals. Now we had 125 cows so if you get the idea, she's got much more space. I would say
there is no intensity. If there's intensity to be considered I would think the traffic, the people
coming, but not the animals. I also wanted to say that I don't want to speak for Sue but I think
there are things that could be worked out that may a bit better for both the city and her than might
be presented to you tonight. For example, my grandparents farm now is owned by someone who
specializes in raising emu. Only a few miles away from my fann. Within a few miles there are
people that have buffalo, lama, ostrich. Often there are pheasants being taken care of for fall
release. Rabbits. Pet skunks. When I was little we had among other things, as my dad happened
.
.
36
Planning Commission Meeting - April 19, 2000
to run over with a lawn mower with a mower, or whatever, 10 and behold we would have a wild
duck, wild geese. At one time we had a pet coyote. Turtles, lizards, so all of these things are
from time to time fann pets. That's my point. Fanning these days, and this is not a relevant
point because she's wanting to replicate a 1920's fann, but fanning these days is emphasizing
alternative uses and alternative products so to speak. Animals and poultry and so I don't think if
you expand it you are talking about a zoo. These folks that raise lamas are not considered to be
raising zoo animals. So I think there are some language that can be cleared up that would benefit
both the city and Sue. And don't be afraid. I think that two things, don't be so restrictive that
she can't succeed. And two, don't be afraid of this. This can be something good for
Chanhassen. You can have enough restrictions. She's offering to let you have restrictions. But
don't be afraid. Go boldly with this. It can be really fun and really great for Chanhassen. Thank
you.
Peterson: Thank you. Anyone else?
Susan McAllister: I'm not going to talk long but I just want to reassure you that, well I want to
infonn you that there's people that, I hear them say they're coming to Chanhassen and I say why
do you come to Chanhassen? Just, I'm curious. For the country feel. For like the feel of the
country. We like the look of the open fields and so on. I want you to realize that the country is
not Chanhassen anymore and the country is only where you're going to allow it to be so that's
where the country is and that's what I'm trying to preserve and I want to preserve it forever so
that's what my real thought is.
Peterson: Anyone else?
Kind movcd, Sidncy sccondcd to closc the public hcaring. The public hcaring was closcd.
Peterson: Commissioners. Anyone want to jump into this one?
Blackowiak: Mr. Chairman I have a question of staff before we start. I need to kind of get
something clarified. The home occupation ordinance we looked at tonight, from my perspective
"as talking about restrictions on property zoned residential, okay. Now we're talking about
some property that's not zoned residential?
.
.
Aanenson: A2 is also a residential zone.
Blackowiak: It is a residential zone?
Aanenson: Yes. It does not meet the home occupation ordinance. You've got activities outside
the principle structure. Home occupation has to be in the home. That's why we're coming up
with some different standards.
Blackowiak: So then the one employee that we used for the home occupation really doesn't
apply to this. It's just a number that you chose?
37
Planning Commission Meeting - April 19, 2000
Aanenson: ...we've framed this up on intensity. Intensity isn't just animals. It's the activity
level on the property. How many employees are there? How many kids are there? What are the
hours of operation? Those are all factors of intensity. While I appreciate the comments on the
fann, I don't think those fanns are in close proximity to houses such as this is going to be.
Again, if you, if we look to 5 years down the road, this is going to be different. We certainly
want to preserve the agricultural of this property. That's why we're bringing this forward. We're
trying to strike that balance as what is the right amount of intensity on this property and again if
you give it a conditional use, you cannot revoke the conditional use. It runs with that property
forever and that was our concern. We're going out there and we don't know the ramifications.
We're going into a, all we can tell you is from our past experience where there's conflicts. And
we're saying we anticipate that and I think if we were to start smaller and say you know build on
that, we'd be, the staff would be much more comfortable with that. But say there's 5 employees
and then you have two school buses and, you're having 50 kids, 60 kids, 75 kids during the day
on that running around. I don't know. I don't know what the implications are. You don't do
that on a nonnal fann. There's a commercial store that you need to have somebody running. It's
a lot different than just preserving agricultural and so, there's some ramifications. The traffic, all
that. So that's what we were looking at intensity. Not just the number of animals. I'm certain
that that is probably the least of the problems. While there may be some nuisance with noise,
with peacocks, there are. Because we have that complaint already in the city with that noise.
Peterson: Other questions of staff before we give comments? Alison, do you want to begin the
commentary?
Blackowiak: I should have kept quiet.
Peterson: See that you should have.
Blaekowiak: Got you looking this way didn't I?
Peterson: Yep.
mackowiak: Sure I will. This is a tough one. I certainly applaud the idea. I think that it is
important to try to preserve some type ofChallhassen's history. I'm not sure of the location. It is
going to be an island, definitely. If indeed that proposed development goes through. We're
going to have all kinds of neighbors that are going to be right up next door and there will be
complaints and that's just a given. It's going to happen. Regardless of the fact that she was there
first, there are going to be people that are not going to be happy about it. I understand why she
would like a conditional use pennit versus an interim use. From a purely business point of view
however I would feel uncomfortable if! were trying to go into a new business with an interim
use, with simply an interim use pennit, for only 5 years. I just don't think that that's really
something that would give her the comfort level she might need to spend the time, money and
energy necessary to get something like this up and going. So I don't know that this is necessarily
even what she would want or accept in terms of a solution that would be acceptable to her. I
have some problems with some of the conditions. Specifically number of employees.
Specifically parking. I don't think either is enough to support what she wants to do, but the
~
,
38
Planning Commission Meeting - April 19, 2000
question I'm stil\ struggling with is if she has enough with, to achieve what she wants to do, is it
going to be too much for this site and I guess I don't have that answer right now. One of my
main kind of problems to myself is, the 781h Street access. I don't like that at all. Especially
since we're talking about that neighborhood being there. I think that that's going to potentially
raise more problems than an access off of Highway 41 would simply because you've got
residential neighborhoods. You've got, you know I assume pedestrian traffic, children, etc so for
me I would be more comfortable hearing staff recommend something off of 41. Dave, you're
shaking your head. I understand that but.
Aanenson: The sight line is terrible.
Blackowiak: 1 understand but I'm just saying that West 78th I don't think is going to be much
better. That's my opinion. I mean right or wrong. I mean I'm not an engineer but that's just
kind of what I'm thinking in terms of the neighbors. When there are neighbors there. It's going
to be a problem for them having traffic going through their neighborhoods and that's why I
would almost prefer doing something off of 41. Bottom line is, I just don't know what to say. I
wish she had 40 acres. That would be wonderful. I'm sure she does too. But I guess I am
struggling with the idea that we're not giving her enough to succeed. Yet if she does get enough
to succeed, it might just be too much for the site so I'm going to listen to the other comments and
hopefully get some more insight.
Peterson: And to that point, any other comments by commissioners?
Kind: Yes Mr. Chairman, I'll continue down the line here. I like the idea of supporting,
preserving little oasis, oasi. Oasises. And it is a nice little farm. I like the idea. I too am
concerned about the conditions, limiting it too much to where it's not a going venture. So I'd
like to see the parking increased to what the applicant has recommended or asked for, which is
20 cars or/and. It's not clear to me actually, would the buses go where the cars are so it's either
or deal? Or both? It's both, okay. So I'm torn on that. Because if you have all of that, that's
200 people. That's way more so actually I like it the way it was. Never mind. I think that's how
you restrict the use is by the number of parking and that we should increase the staff, the number
of people who can work there which was point number 3 under the petting fann. I don't know
how you call it. The ordinance. The section for petting fanns. I would like to see it four non-
residents of the place because that's what it sounds like it would take to make a go of it. What
else do I have here? Oh, and then the length of the interim use. Since the applicant has
expressed a willingness to be revisited, every 10 years or whatever the number is, I guess I'd like
to see it be longer than 5 years. I think 5 years is just not sending a very positive signal to the
applicant that she can really establish a business and build buildings so I like the idea of it being
more like 10 years or something like that. And have it relate to after the installation of the
driveway on West 78th. I like the entrance on West 78th. Sorry Alison. I just think it takes it off
the fray of 41. And until that road is built, she'll just have to take the show on the road or do
some of her prep work. It probably wil\ take her that long to prepare to open this business
anyway so those are my thoughts.
.
.
Peterson: Okay, thank you. Other comments?
39
Planning Commission Meeting - April 19, 2000
Sidney: Yes, I'll make some comments Mr. Chair. I like the idea of a petting zoo. Excuse me,
a petting fann. Should choose my words more carefuUy here. I was thinking it would be a really
fun place to bring my niece and 1 was so excited about it when I first saw that brochure and stuff.
I think that'd be a really fun place to go in the community for little children. I think we need
more of those types of areas. And I was thinking about you know intensity, is it activities and I
was thinking particularly in Stone Creek there's a smaU park with kids and it's just over run with
kids. It's very loud. There's a lot of noise and it goes on all day and into the night and I'm
wondering if we're really going to have anything more noisy than that with a petting fann.
Probably not. Or a ballfield if you've been around ballfields, you know with screaming kids. If
this were planned to be a park or a baUfield would we feel differently? And I think maybe not. I
think the petting fann is probably going to be in that same realm. Probably even more quiet.
Maybe not as intense in tenns of activities and so I'd be certainly in favor of the interim use
pennit for this particular use. I do like, would like to see the condition on the number of
employees changed and increased so that we have no more than 4 maybe listed, and I guess that's
part of the description of the petting fann. Also I made a note here about, I also would like to see
under petting farms the condition 4 address the request about being able to rehabilitate wildlife
so that only customary fann animals and the rehabilitation of wildlife shall be allowed on the
site. And then strike wild but leave exotic animals shall be prohibited. Those are my thoughts
for now.
Peterson: Thank you.
Bu¡10n: Mr. Chairman I'll jump in. I agree on the employee issue. I think it should be 4. On the
parking, I like starting off where it is but I would, I would guess the applicant could always come
back every year if she wanted to or even more often and ask for new things. So she can always
come back and ask for more parking. I don't know about the access issue. The access issue just
kills it. If it's limited to 78th Street then, and there is no 78th Street there, then this thing's not
happening'for quite a while anyway. But I also understand the concerns on 41 so I'm stuck there.
I do like the project. I think it's nice to have a petting fann. I'd like to have a petting farm there.
I'm not concerned about the size. I think it's pretty obvious that the applicant values the rural
li¡"e and animals and she's not going to do anything to undermine those things so I'm not really :
worried about that. I do have another comment on the definitional part. When you limit wild
and exotic animals, I think we need to work on the definition because if you limit exotic animals
out of there too, you really, it seems to me we're just basically carving out maybe some peafowl
and chinchilla or two from what she's planning. But I don't know, I think maybe, I don't know if
we can work on some definition that really excludes the type of animals that we don't want there.
You know the lions and tigers and bears type stuff. I would rather work on the definition to keep
those out but let her have some flexibility on some of the fun little animals. I guess that's it. I
don't know what we'll do tonight. I feel like if we pass, if this passes to staff what's suggested,
which I think is a good recommendation, that it really doesn't allow for it to go forward because
first of all we've got the street issue. But I don't know where to go and I guess I'll look to the
fellow commissioners on what we should do or can do here. I'm kind of stuck.
40
Planning Commission Meeting - April 19, 2000
Peterson: Okay. Boy, I guess I'm going to buck the trend. Even from the first session where we
had a working plan I wasn't enthused with either the site or the location and I'm not any more
convinced tonight that it's the appropriate of this site. But more importantly Ijust don't see the
location as being conducive for what we want to, or what she really wants to try to accomplish,
and more importantly how we want to transition from, if Pulte goes through and if that's a pretty
abrupt transition which I don't think is appropriate. I'm sensing that there's going to be more
traffic to the area than I did before. I see that as a negative so I guess keeping my thoughts
succinct, site plan. It's marginal for what I think should be there. Or conducive for a petting
fann and the location just doesn't work for me. I love the idea. I think it's a fantastic idea, just
the wrong spot so. I know I sense from my fellow commissioners that we want to make that
work, but in my heart I can't move ahead because it's just the wrong spot. So I'll be happy to
entertain a motion.
Blackowiak: Excuse me Mr. Chairman. Kate, I need to ask one question. Do we have any kind
of a legal time limit on this?
Aanenson: Yes.
Blackowiak: So what is there, what's our time line?
Kirchoff: June 2nd.
Blaekowiak: So even if it's a zoning ordinance amendment we still have to?
Aanenson: Yes. It's a request, correct.
,
Blackowiak: So we have to aet wit~in that time or else it automatically.
Aanenson: Well we will. We would give you, tell you to make some recommendation, either
approve or deny and send it forward to the City Council is what we would recommend. Not
tonight.
.
.
Blackowiak: Not tonight?
Aanenson: You have time yet.
Blackowiak: Okay. That's what I wanted to know, thank you. Well then I would like to make a
motion that we table this for tonight. The reason being is that I'm sensing, I think Ladd would
like to be here really. And also, I think that staff and the applicant need to get together and to
further detennine whether or not they can agree on interim use versus conditional use and a time
for the interim use. And really hammer out some of the conditions that would be acceptable both
to the applicant and to the staff, and then come back to the Planning Commission with a more
concrete plan that is acceptable to both parties.
Peterson: Is there a second?
41
Planning Commission Meeting - April 19, 2000
Kind: I second that.
Peterson: Any discussion?
Sidney: I agree.
BIackowiak moved, Kind seconded that the Planning Commission table the request for a
zoning ordinance amendment to allow petting farms as an interim use in the A2 District.
All voted in favor, except Peterson who opposed, and the motion carried with a vote of 4 to
1.
Peterson: I would nay for the reasons already noted. So what should we have Susan do in the
interim? Just work with you?
Aanenson: Yes.
Peterson: All right, thank you.
NEW BUSINESS:
Peterson: Any new business Kate?
Aanenson: Yes. I'll tell you what's coming up on the next meeting in May. Marsh Glen
subdivision. Was on again, off again, on again, off again. It appears that it's going forward now
as a traditional single family RSF subdivision. A lot of negotiations between Mr. Kroiss and
the... property owner. We haven't seen that also and we won't because they don't have to...
subdivision so we don't know. We just know what the lots will look like. We have two
variances on and then we're also going to put a kind of open discussion just talk about lighting.
We'll try to get that on.. .andjust talk about the impacts oflighting. There was an article in the
paper recently on that same discussion. Should I move to ongoing?
.
Peterson: Please.
ONGOING ITEMS.
Aanenson: Okay. We did hire a new stonn water, or excuse me. Water Resource Coordinator.
Laurie...and she starts next Wednesday so we'll have her meet with you at the next meeting.
We're excited to have her on board. I wanted to let you know that on May 1st, that's a work
session. The City Council will be interviewing all ofthe Planning Commission candidates, and
you're interviewing some more tonight but all of them will be going to that meeting. May 1 st.
And then on May 15th there's a tentative, I think you were told this before, ajoint Planning
Commission and City Council meeting. I'll let you know but it looks like we're like third on the
docket so I'll let you know approximately what time. The Senior and Park Commission, and
Environmental will also be going that night too. As far as the ongoing items for the meeting in,
42
Planning Commission Meeting - June 6, 2000
Peterson: Okay, thank you. Next item is Old Business.
CONSIDER AN AMENDMENT TO THE CITY CODE TO ALLOW PETTING FARMS AS AN
INTERIM USE IN THE A2. AGRICULTURAL ESTATE DISTRICT AND REOUEST FOR AN
INTERIM USE PERMIT TO OPERATE A PETTING FARM IN THE A2 DISTRICT. LOCATED
AT 7461 HAZELTINE BOULEVARD. SUSAN MCALLISTER.
Cindy Kirchoff presented the staff report on this Item.
Peterson: Questions of Cindy.
Blackowiak: Mr. Chair. Cindy, I have just a quick question here. You have a note in the stafTreport that
talks about a termination date for interim use permits that typically are based on availability of municipal
services. Do we normally follow that standard or do we, have we in the past specifically put·the number
of years into conditions?
Aanenson: Generally in the past, interim use was put in place to allow reasonable use ofthe property
until such time that sewer and water became available. For example, Swings was given the driving range
here, to give a reasonable use to the property based on it's location. So now that sewer and water will be
coming through, that use goes away. The reason we didn't want to put a conditional use on the property
is that runs forever on the property so if this owner were to sell, somebody else would come in. We felt
that was too intense. The interim use has a drop dead date. Generally it's tied to urban services. Could
we put something in there? Some other mechanism. Possibly. I guess our concern was that there is
some reviewal period and that it not be locked in forever on that piece of property because we're going
on uncharted waters on this one and we have some apprehension.
Blaekowiak: I guess my question, maybe more specifically was.
Aanenson: Can we force them to hook onto utilities?
Blackowiak: Well it says, you know n1unicipal water will be available soon. Is that, if we're not
requiring the interim use to stop when services are available, is that running counter to our current eode
or rezoning?
Aanenson: The ordinanee says when it gets within so many feet we can require them to hook up.
.
Blackowiak: Maybe you have the option.
Aanenson: Right. But generally if there's assessments also then the clock is running on those too. I'll
maybe let Dave speak a little bit on that.
Hempel: Mr. Chairman, Planning Commissioners. City ordinance, with regards to hook-up to utilities,
I'll just reiterate what Kate was saying there. Water main, you have to hook up to it if it's a new
dwelling within 150 feet. An existing dwelling and the well fails, then you would have to connect.
Otherwise it's status quo. Sanitary sewer is basically the same. One exception, sanitary sewer you
would have 12 months to hook up to it if you're on an existing septic system, even though the septic
system is functioning properly. There's been variances in the past where somebody's put in a new septic
system and then a year or two sanitary sewer comes by, the City Council can grant a variances to that.
Assessments against the property as a result of extension of sewer and water will occur. Typically those
25
Planning Commission Meeting - June 6, 2000
sewer and water assessments will be deferred against a property ifthere's no development occurring in
residential, commercial. But if like a green acres status or a fann, it will stay mostly likely deferred but
the interest clock continues to run on those assessments.
Blackowiak: Okay, thanks.
Aanenson: So it could be deferred. That's where the time clock, when maybe we put in when such time
that that changes. It's no longer a farm use or whatever.
Peterson: Other questions of staff?
Burton: Mr. Chairman I have a quick question. The proposed ordinance for the pet farms is one full time
equivalent non-resident employee may be employed on the site per 5 acres. And based on another
question, but in this case then she'd be allowed to have one full time employee?
Aanenson: Or two part time.
Burton: Okay. And I guess, I assume the term resident means living on that property?
Kirchoff: Correct.
Aanenson: Correct. Again, that's where we struggled with, if you look at the intent of the A2 district,
you're living on the property and so how can you separate what someone else is trying to create similar
that wasn't living on the property. Now it really becomes commercial. Most commercial property you
don't live at the same residence so we're trying to make sure we're staying on that same track.
Kind: Mr. Chair I have a question about animals. Currently the applicant has animals on the site. Does
she have special permits for any of those or are they all just regular animals that you're allowed to have
in a A2 district without permits?
Kirchoff: She doesn't have any permits from the City.
Sacchet: She doesn't need any.
K irchoff: Yes.
"
Kind: Yes she does need some?
Kirchoff: I'm sorry, I was answer his question. She doesn't have any permits from the city because we
don't require any.
Kind: Okay. So all the animals that are there are currently allowed in the A2 district?
Kirchoff: The animals that I saw are permitted in the A2 district.
Kind: Okay, thank you.
26
Planning Commission Meeting - June 6, 2000
Sacchet: I have a lot of questions about this one so I apologize in advance. First of all, the staff report
doesn't give a picture of the planned development next to it. It was my understanding that has not been
approved.
Aanenson: Correct.
Sacchet: But is being considered. And so that's to the south and to the east. Do we have any visual aid
that would show that?
Aanenson: No we don't. This Planning Commission had seen that before but it is, as proposed, around
this area would be up to I believe, south of that property would be like four-plexes, eight-plexes.
Adjacent further would be some duplexes so there will be.
Sacchet: And they would be right adjacent?
Aanenson: Exactly. That was our concern. Changing character and we're going to introduce some
conflict.
Peterson: Within 200 or 300 feet as I recall.
Aanenson: Probably less than that.
Peterson: So there is some buffer. Not very much bùffer.
Aanenson: Right.
Sacchet: The interim use permit cannot be renewed?
Aanenson: Yes it can.
Sacchet: It can?
Aanenson: Yes.
Sacchet: How?
.
Aanenson: You can ask for an extension.
Sacchet: The interim permit expires, the applicant can come back and start a new interim use permit?
How does that work?
Aanenson: Part ofthe interim use is there's ongoing inspections too. Assuming that there is compliance
and we haven't had complaints. Again, the intention, while we know this area is changing, again we
know we're going to introduce conflict, we want to see what that is, and that's why we're saying we'd
like to start with the lowest intensity and see where we go.
Sacchet: But we're willing to have it start and possibly grow into something if there is no complaints and
so forth?
27
Planning Commission Meeting - June 6, 2000
Aanenson: Well I think, you can certainly come back and amend the ordinance, but I think you said it at
the beginning. We'd rather start small and...and build on that and get out there where we, we don't do
animal enforcement. So we do have peacocks. We do get, in the city. We do get complaints on those.
So from our experience, and noise is a prevailing issue in this community, we're trying to prevent a
problem.
Sacchet: Well this is very encouraging. So the interim use permit is renewable. Questions. We're in the
question part. Yeah, here's the big question. We really have two things in front of us. We have this
petting farm set of rules on one hand, and we have the request of the applicant for the interim use permit.
So that's two distinct separate things. We're discussing them both at the same time Mr. Chair?
Peterson: Yes.
Sacchet: Okay. Because I definitely have comments about both. When we set the limit of one full time
equivalent non-resident employee, does that mean there's no limit of resident employees?
Kirchoff: Yes.
Sacchet: Thank you. When we say only customary farm animals, do we mean non-dangerous animals?
That's a tough one. Because I really think in a lot of these instances here, we're not addressing what the
real concern is and this is one of them.
Aanenson: On the face of it, our intent is to have a zoo. The intent was to preserve agriculture. What
was going on the property. When you would define petting, excuse me, not a zoo, at a farm. Okay,
we've introduced animals that are not typically found on a farm so herein lies this issue. I mean this is
intended to preserve Miss Rosie's Farm. found on a farm so herein lies this issue. I mean this is
intended to preserve Miss Rosie's Farm. It's farm property so now we've got things that are partially...
Sacchet: Well the reason why I bring this up, I mean in this proposed, what do we call it? The part about
the petting farms. That's a standard. That's what you call it?
Aanenson: Right.
Sacchet: Set of Standard Rules. You're distinguishing between a petting farm and a zoo. And I have a
hard time with that because we're defining a zoo as any park building, cage enclosure or other structure ,
or premise in which live animal or animals are kept for public exhibition or viewing. Necessarily if we
have a petting fann, there are going to be animals in a cage and so it's a zoo by definition. So we're
trying to make it something in terms of what animals are allowed. I think that's, and that's why we're
struggling with it. I think that's where we get into a bottomless pit. I mean how we can object to
chinchilla? But it's an exotic animal. And ultimately I think if where we have a solid ground under our
feet is if we say we don't want dangerous animals there. I think that is enforceable. I think we have a
very hard time with saying well you can have a cow, sheep, and goats because there are ostrich farms,
buffalo farms, a snake farm. There are you name it. They're out there on farms, and they're being
farmed. Now you can say okay, that's not customary or just say well that's not United States historically.
But is it our task to restrict it? I really thing it isn't, personally. My opinion is very strong about that. I
think we're encroaching here. I'll say more about that when we get later to that. You see then I have a
problem when you say well staff supports a petting farm but not a zoo. Well, by definition it's a zoo. It's
just a, we're restricting it and I think we're restricting it too far. Questions. We're in the questions part.
28
Planning Commission Meeting - June 6, 2000
A large wooded area will be removed. What's that based on? Because I went out there and there is a lot
of space. I don't think there's that much that needs to be cut down.
Aanenson: For the parking lot.
Kirchoff: It's based on a site plan.
Sacchet: The parking lot? When I was out there it seemed like there's about 3 trees, or how many?
tree? 2 trees? I mean is that a large wooded area? I don't quite get it.
Kirchoff: The site plan shows canopy coverage and that was reviewed by the City Forester to detennine
if additional plantings needed to be.
Sacchet: Okay, so that's Jill who makes that?
Kirchoff: Yes.
Sacchet: Access. The future extension of West 78th Street. When is that planned to come in? I guess
that's one for you Dave.
Hempel: Mr. Chairman, Planning Commissioners. It's kind of a moving target. The last I've heard is
the end of June, or first week in August is the letting of the project. It's a two year long project for the
upgrade of Highway 5, West 78th Street. I envÌsion it will probably be sometime, summer of2001 for
access off of78th Street, or even fall of 200 I.
Sacchet: So roughly a year from now?
Hempel: A year from now, right.
Sacchet: Okay, thank you. Statement\ Keeping abreast of all these issues once this use is operating will
be burdensome to staff. In what way?
Aanenson: We're not trained to do inspections on wildlife. We'd have to pay somebody outside to say
are these animals housed the way they're supposed to be? That sort of thing. We don't have...
Sacchet: Isn't the applicant having USDA, DNR, all these wonderful things that actually regulate exactly·
that? Isn't she certified and under a whole set of rules that go way beyond what we could ever think of?
Aanenson: We haven't seen anything.
Sacchet: Well, I'll ask the applicant when she comes up about that. I think that's, oh for signs. They
cannot variance, right? Size of variances.
Aanenson: You're developing the standards. You can give her whatever you want. What we tried to do
was put something that we believe was reasonable and controllable. You're creating the ordinance. You
can do, say whatever you want.
Sacchet: I think that answers the question part. Thank you.
29
Planning Commission Meeting - June 6, 2000
Peterson: Okay. Other questions? Would the applicant like to make a presentation? If so, please come
forward.
Susan McAllister: My name is Susan McAllister. I live at 7461 Hazeltine Boulevard and I really do
want to make a presentation because I have more paper than I've ever had. Nothing changes. I just get
more paper and my hair gets less blond. Okay. Number one, just to address, I would like to go through
this but I just want to address some questions that were brought up. UIi asked if about, or there was a
comment made that they don't manage animals and they don't get into that. I have got the USDA that
comes two times unpredicted a year, okay. If there's one little complaint and they get it, they come back
again. If! don't, you know like make corrections or whatever, I cannot do business until I've made the
correction. DNR, you know if I had animals specifically that related to them, they would make
inspections unannounced. Carol with the stable permit makes inspections on the horses. So basically
you know there's a lot of people that are involved that will mange what I'm doing. And I really am very
confident that the city is more fearful than anything and I think that's what really is driving a lot of these
rules. Is the fear of it and I can kind of see where they're coming from because years ago I had that
happen to me when I, years and years ago when I tried to take on somebody's animals after I had a
cesarean and I was taking care of her animals while she was on vacation. There was all this different
types of feeds for different types of animals, and I almost had a heart attack. Going I don't know how to
do this. This is too much, and then I liked it too much after that so that's how I got to where I'm at.
Anyway, VIi asked for, he was asking about interim use and I'm still applying for a conditional use, not
an interim use. If there's any types of complaints your nuisance ordinance and, nuisance ordinance and
is it the noise ordinance? I can't remember but there's two.. I've got them, do you want me_to read them
or show them to you? I mean they definitely will go way over and above what the problem could be, I
can tell you. I mean they will definitely save this place from that. And the animals that, Cindy kind of
answers questions in a very tricky way because actually the animals she said she saw are allowed. Well,
she was only in the barn for like about 10 seconds and she ran out so.
Peterson: Somebody bit her?
Susan McAllister: No, so I mean I don't know if! could really see many animals in 10 seconds but all
the animals that I have are allowed. There is not one animal, including my little fox that I have, that is
not allowed. I mean because I have read the ordinances and I have complied and I have registered my
little fox with the city. And so every animal, including the peafowl are allowed. Okay. The definition of
a zoo, just as UIi said, there is a problem. It's kind of hair splitting. It's absolutely ridiculous to a point
that the real definition of a zoo is animals held in cages for public display. I mean that's what a zoo is. I .
mean that could be, you know iflike I don't, if! have the farm and I don't want to put the animals in
cages, they can be running around and that would be even worst but that is the definition of a zoo. As far
as exotic animals. Many, many animals in the United States you know came from different countries.
Chicken are actually could be considered exotic because they all derived from the jungle fowl from
China. So actually you know like when you want to get into hair splitting, I could really split hairs with a
lot of people and like I said before, Canadian geese are considered exotic because they llÚgrate and they
migrate to Mexico, a lot of them. So they actually are considered exotic. The next problem is the West
781h Street. The building of West 78'h Street. I did contact, I can't remember him name at, what is it? I
know you know. What's his last name? It starts with a Van something or other I believe. Well he gave
me permission. He said he's writing me a letter. I have not received the letter which is really odd but
that I can continue to use the driveway until that road comes in. You know that that's, that he said he
mailed me the letter. I don't know where it went but I don't have it yet.
Aanenson: That is a true statement. Did you ask him about the intensification of the use?
30
Planning Commission Meeting - June 6, 2000
Susan McAllister: I told him. I showed him, I mailed him a copy of it. You know he said that he was
surprised that they were making a big issue of it, but whatever. He said that you know really it's the way
it is I guess. Okay, the trees. I'll show you some pictures of the trees that are going to be coming down.
And also I'm going to be giving you some letters ITom somebody. And then here's some copies of the
maps that show what I'm going to explain where everything basically is located. How far away it is.
Here's, you're going to get copies. You have 7 there. This is the original and you don't need that?
Okay. Here's some photographs and you can, well I'll explain to you when I run that. Okay, the trees.
Number 8, if you want to look at the photographs show in the wintertime, this was when Alison showed
up one day and I don't know, it was the beginning of April it could have been, or end of March. So these
photographs are taken, A, B, C and D are taken when there's no leaves on the trees, okay. This is going
to show the trees along West 78'" Street and it's going to cover the parking I can assure you. It's going to
cover the parking area. Okay. Then we've got E with a little circle in it shows one volunteer that was
holding up a blue cloth. That was symbolizing a car, okay. And you can't really see that very much and
that's in the dead of winter. Okay. N shows you know the way in basically as to where the parking's
going to be from West 78th Street. 0 shows the one, well one tree for sure has to come down and then
there's another large tree. That's the only thing that's coming down are those two trees, and yes it's true
that the map shows canopy but the canopy comes ITom a lot of the other trees besides that line of trees
along the woods so. And then do you have T anywhere? You don't have T?
Peterson: We have some coffee in the hallway.
Susan McAllister: I just got it. Alright. This T now is on the northern part where my manure area will
be and it's very dense there also. You can, if anybody has T with the little circle in it, there's a pink
horse trailer there that you can't really see at all, so. Okay. So what I'm trying to say to you is that I'm
only taking down two trees and the trees that I'm taking down, one specifically only has about an eighth
ofthe growth left on it because it's on it's last life cycle and ifI don't take it down, a storm's going to
easily take it down. And it's right where the parking is going to be so I love trees and believe me, this is
really hard for me to take two trees down so Ijust want to assure you of that. Okay... Okay, well
basically I just, you know like, you knpw she was licensed as a person that did wildlife rehabilitation and
I believe that I could you know not, yoù know I wouldn't have a problem with the DNR because I've
already spoken to them about it you know like months ago and explained to them the entire situation so
that's the only comment I want to make on this other than that. It's a really good one. Okay. I guess,
was there any questions so far, anything or can I kind of go through this real quick? Because I have some
comments. Okay. Then the zoning ordinance amendment. It talks about, the city has received numerous ~
complaints regarding a small 5 acre farm. I don't know where it is and I don't know, you know like it
doesn't pertain to me. I am a responsible person. I have not had any problems with my animals. There's
been no complaints about any noise or anything like that and I am not going to allow myself to be used
okay, because somebody had a problem and was not responsible. That's all it is. It's an example of
someone you know that is being irresponsible. I know that every time you have a Planning Commission
meeting, you know or City Council meetings, people are always up here talking about people next to
them making noise, or people doing this or people doing that. There's tons of those complaints. This is
me. I'm responsible. Okay. I don't know who the 5 acre guy is. I don't know. That's just the way it is
so. Okay. Petting farms, Section 20-267. Okay, when we come, we did really, I really went up to the
City Hall to try to work all this out so we wouldn't have to go through here but they wouldn't budge and I
can't, I cannot not have this. I have to have what I have to have or I can't do business. Okay. Number 3.
The applicant for the interim use permit shall reside on the site. You know only one full time equivalent
non-resident employee, okay. I've got to have 4 to 5 and I'm going to explain to you why. Because
according to this map, you've got the color copies of the maps. Okay. Now you've got the explanations
31
Planning Commission Meeting - June 6, 2000
of the duties that go along with each person. It shows the pony ring. You see the pink circle is the pony
ring. It's 25 feet in diameter just because of the fact that that's you know, that's that I come up with.
Okay, from the center of the pony ring to the pond is 190 feet away approximately, okay. Okay, I'll just
keep going and I'll explain what everybody's chore would be. Number 2 person that I need, the retail
store area is approximately, I mean these are approximates because they're all about 50 feet from the
center of the pony ring and 50 feet from the summer kitchen so that's quite a ways away. I can't have
people running back and forth, okay. It's just not possible. Number 3 person. The summer kitchen. It is
50 feet from the pond ring and 50 feet from the retail store. The number 4 person, the bam. That's 190
feet from the center of the pony ring. We don't even touch on the fifth person that I asked for originally
which would be taking care oflike the grounds or you know like the leading nature tours ofthe Bluff
Creek woods wetland area. Okay, but now I'm going to explain to you what the duties are and you try to
imagine one person who's got this duty going to another duty and doing it. The pony rides. The
responsibility is, that person takes the money from each rider. They mount and dismount the children.
They have constant and close monitoring of each pony and child to avoid potential problems. A child
crying or trying to jump offthe pony because off ear or being overwhelmed by this ride, okay. Starting
and stopping the rides. That's their responsibility. General care and watering, feeding and hourly
inspection of each pony in the ring. This is a constant thing. You have to lead these ponies.. .it's like
somebody leaving a carnival ride. Okay, so that person cannot leave that place. They can't go anywhere
else. Number 2 person which runs the retail store. Duties. Taking admission money and money for
purchases. Doing inventory updates. Restocking merchandise... Anybody that leaves the store is going
to get, you know they're... The summer kitchen, it's duties. Taking food orders. Cooking aIld serving
the food. Take the money for food purchases. Cleaning up after customers outside, and general
housekeeping of entire kitchen. I mean they're going to be people that are going to be leaving stuff
around and I expect that place to be clean and that's what this person's job will be. Then person number
4, which is 190 feet from the other person down at the pony ring is going to be talking about each animal
and farm life through the last 100 years with the people walking.. . talking about that. Making sure the
children are not climbing in or around animals, because they do. Making sure no one is teasing or
causing injury to any of the animals, because they will. General care, feeding, watering of each animals
because they need it. General housekeeping of the barn area because that's going to be listed with USDA
and I have to do that, plus they have to water and feed the animals, or I'll get in trouble if they show up,
okay. And the last thing I'm asking, a cell phone for anybody who has a question about the place. That's
what each person is doing at their location. They cannot go from one location to another. Okay, then the
last person was the general grounds keeping. This is something I don't have to have all the time. I don't
know about.. . but the Bluff Creek nature walks because when they come out there, the kids get
rambunctious. They're only there for like an hour. It's nice to have them do something else or whatever .
to make it a little longer you know experience for them so that's the, that's what has to be done there.
Okay. And then when you talk about, well I know how you can limit the time frame is having me do all
this stuff. I'll die is what's going to happen. I'll only being doing business for like 6 months so. Okay. I
have a terrible sense of humor.
Sacchet: Do you need a moment to catch your breath?
Susan McAllister: No, I'm fine.
Sacchet: Because I have a question. This one employee equivalent. How's it measured? I mean does it
mean if you have 8 people working for one hour a day? That's one employee equivalent or does it mean
if you have 16 people working one day for one hour and nobody the next day? Is that still within that? I
mean what's the definition of this term?
32
Planning Commission Meeting - June 6, 2000
Kirchoff: It'd be on a daily basis.
Sacchet: Daily basis, okay. And it does not include residents. Now the second question to this.
Susan McAllister: Don't make me get married. I don't do well in that.
Sacchet: You might need a family for this Sue. If you contract somebody for services, like somebody
come mow your lawn. That's not your employee. You're buying a service. Correct?
Aanenson: Well I'm sure there's ways. Our concern is that you can see by the description of that,
you've got a lot happening on 5 acres. That's our concern. There's a lot happening. A lot of employees.
100 people up there on 5 acres and.
Susan McAllister: 6.
Aanenson: 6 acres. That's our concem.
Sacchet: Okay, well yeah. I'm not trying to debate that. I'mjust trying to see how we can balance.
Aanenson: Could that be contracted out? Yes, but what's the difference between contracting out and
then someone who comes for an hour or two.
Sacchet: Well by definition it's not an employee. I mean if you look at legalities.
Aanenson: Who's paying for that service?
Sacchet: Still not employee. It's something you buy. Anyhow, I thought you needed a break.
Susan McAllister: Okay, well that's good. I don't care. I'll take all the support. Okay. Well I'mjust
saying that I need that. I cannot do, and I will not do, I won't do it without it. At the expense of keeping
animals and the entrance and everything, I have to have all these other things going on. There's zoos that
are in the red all the time because they can't make ends meet. I need, I came up with a creative way to
preserve the green space. To allow children to have fun in a non-threatening way. To have a very
enriching experience and what my goal is is to you know preserve the essence of the farm you know by
the activities and selling merchandise so that's the way it is. That's what I need. Number, okay so that
was number 3. Number 4 is the only customary farm animals will be allowed on the site. Okay, so I
know it's going to be hard. Wild or exotic animals shall be prohibited. I want to change it, I'm hoping
that we can change it to, and I really know this is, I feel this is going to work. Take out the only and put
customary farm animals shall be allowed on this site. Scratch out wild or exotic animals shall be
prohibited and add, large carnivorous animals such as lions, tigers, and bears shall be prohibited because
I really think that the city is really afraid of that and they need to say that. Instead of all this other stuff,
and we could be here splitting hairs forever because I can argue with you about exotic animals. And a
wild animal, my 800 pound sow is more wild than my little fox will ever be. She's only going to be 14
pounds at full growth. Okay. An 800 pound sow is you know, crazy. I mean she'd knock over every
chair if! brought her in here and said hi. She would knock everything over. She'd jump in your lap
besides. Okay. And this definition of a zoo, I think we should just drop it. I don't like the word zoo but
like I just said, you know animals held in cages for public display are considered a zoo. Sometimes that
could be government too, but whatever. We'll leave it for the animals. Okay. I want to do the wildlife
rehabilitation. I don't want to do it right now. I have to say I need to put this together and keep it this
~
33
Planning Commission Meeting - June 6, 2000
way but I want the city to know, and I've tried to explain this, that it is not possible for the public to view
wildlife being rehabilitated. It's against the rules. I could never do it. IfI had anybody even see it, it
could only be me or somebody else that was like a veterinarian or whatever but it has to be in a private
building away from people so. Number 5. Please explain to me what this means. All structures and
storage areas must be set back 50 feet from public or private right-of-way's and 300 feet from an adjacent
single family residential, or a minimum of 50 feet from a side lot line, whichever is greater. And I'll stop
there and I'm not going to be done with that paragraph but I don't understand that. Could somebody
explain, what's this 300 feet?
Kirchoff: That is for noise purposes and also for smell.
Susan McAllister: Okay, stop then please. Let me insert one thing. Isn't an industrial office park, you
know that abuts up to a single family residential only required to have 150 foot buffer?
Kirchoff: Well but you don't have number animals making noise and other people, the noise will be a
factor. And just /Tom experience, people.
Susan MeAllister: Cindy, you're not experienced. Not in the animal.
Kirchoff: No, I'mjust talking about noise in general. Noise in general. We receive numerous,
numerous complaints about noise.
Susan McAllister: From?
Kirchoff: Vehicles.
Susan McAllister: I'm not doing vehicles.
Peterson: Let's not sit here and argue.
Susan McAllister: Okay, well I'mjust saying. I don't understand the 300. I think it should be 150. I
mean I'm not any worse than an industrial office park or whatever. And I don't believe that a petting
farm is as loud as a park. Somebody had mentioned that a while back. Kids run and scream and jump at
parks and they're uncontrolled. They're out to have fun. These are guided tours. I mean kids do kind of
like run around from one place to another but they're not screaming because I tell them they can't. The .
animals don't like it and it's not smart so, okay. Then we get to that paragraph, the City Council may
require storage areas to be completely screened by 100% opaque fencing or berming. What's the storage
area? What are you considering a storage area? Is that a manure pile?
Kirchoff: Yes.
Susan McAllister: Okay, well I can tell you if you completely screen or enclose a manure pile, the goal
is to aerate manure and you aerate manure by allowing air to get to manure and that, I can, I probably
should have brought a bag of my nice compost up here so you could smell it. It doesn't smell. So I'm
just saying that you know I want you to come out there. I want somebody to come out there to take a
look at what it looks like, you know, and then make that decision. Don't just arbitrarily make that rule
because you have to know.
34
Planning Commission Meeting - June 6, 2000
Aanenson: These aren't arbitrary. We have other ordinances. We do have a large animal hospital in the
city. We've contacted other cities. We're the only city that's going to have this in the metro area. The
only city, and you can put whatever standards in here you want so I think you need to make the argument
with the Planning Commission.
Susan McAllister: Okay, well I'm asking if you would please just you know, if you have a question or
concern or whatever, if you would come out. I don't know if! can do that now because it might be too
late.
Peterson: If you can raise your issues and we'll entertain those in our discussion.
Susan McAllister: Okay. Okay, well I'm going on to say here that I've always taken really good care of
my animals and okay. I'm asking for 10 years instead of 5 years with the sunset of being you know 5
years. Instead of that, having 10 years and for me to be allowed to reapply. But then it says I have to
follow all new ordinances. Doesn't that kind of like ace me out right there? Any new ordinances that
have come into play since I have applied before, don't I get just automatically eliminated because I'm
sure there will probably be an ordinance that says no petting farms allowed in this city.
Blackowiak: Not necessarily.
Susan McAllister: What?
Sacchet: I wouldn't count on it. It's not ideal but.
Susan McAllister: I need more time. Ijust can't possibly do it in that short period of time. Okay.
Alright, the West 78th Street, like I said. I've got to have, Highway 41, the driveway's that existing right
now. The main driveway until that road comes in, whenever it comes in. I don't know when. Like I
said, I'm only taking down 2 trees so I do not feel I need to add any more plantings. I will give you the
daffodils and plant them myself. I gu,\ss there's one other thing that, when we get to the, oh boy. It's on
page 14, one of the conditions. Okay. 'Like it says, number 4. I don't believe I would need to do that
because I'm really protecting everything I can possibly protect. I don't even like taking down those two
trees. Number 5 also. Okay, number 7. The site shall only have access from West 78th Street. Okay, I
want to keep my back driveway just for my own personal use and also in case there was ever a fire or
whatever. I think that that would be something that anybody you know would like to have as a fire
department. I have to have that back driveway to get my trailer out of there, and it's really, it's very
dense and overgrown and I don't use it very often. When I use it, I need it. Okay. Number 12. The
building officials conditions are as follows. (a). It says all buildings must meet code requirements as
required for new buildings because of a change in occupancy classification. I would like to take out all
and just add only buildings used by the public, which would be the barn and the retail store that the
people would actually go into would meet code requirements because there's no, to me there's no point
in all buildings. I'm not doing anything with the house yet. If! were doing something with it in the
future, I would say that would definitely be a given.
.
Peterson: Is that the intent?
Aanenson: That's the intent. My understanding from the building official.
Peterson: Okay.
35
Planning Commission Meeting - June 6, 2000
Susan McAllister: Okay, because on (b) it just says all buildings and areas intended for use by the
public, and then it says must be... Okay, well I was a little bit nervous. Okay. I guess you know, hang
on. I'm almost done here. I've just got really quick. Okay, please keep in mind the 300 feet. Does that
mean I can't, is my, when West 7Sth Street comes in, does that mean that right now I'm on Highway 41 as
my frontage. The front of my property is Highway 41. When West 7Sth Street comes in, does that mean
that I'm going to be fronted on West 7Sth Street?
Aanenson: Correct.
Susan McAllister: So then that will be the front.
Aanenson: That's ultimately going to be your access.
Susan McAllister: Oh! So then this SOO, or the 300 feet. What exactly is that going to mean to me then?
When you say the 300 foot. I keep referring to that because that makes me a little nervous.
Kirchoff: That's measured from the barn to the dwelling. Not to the property line. It's not to the
property line. Just to keep that 300 foot separation between the two uses.
Susan McAllister: Between what? Between the barn and the property line or what?
Kirchoff: Dwelling.
Kind: Between the barn and a house. The physical house.
Susan McAllister: There's not 300 feet between the barn and the house.
Sacchet: Not your house. The new house.
Kirchoff: Not your house.
Susan McAllister: Oh a new house. Oh okay. Okay. Okay. Alright, well I guess you know does
anybody have any questions because I don't, I can't think of anything more to say I don't think yet.
Peterson: So what happens ¡fyou lose the USDA approval?
Susan McAllister: I'll re-apply for it because the only way that I'll lose the USDA approval is if I'm not
up to conform.
Peterson: That wasn't, my question was, do you need it?
Susan McAllister: Yeah I need it.
Peterson: Why?
Susan McAllister: I can't show one animal for pay, even if! travel with my petting zoo, which I do by
the way. I can't. If I'm not USDA approved so I have to have it.
Sacchet: And the same with the DNR. You need that to do rehab.
36
Planning Commission Meeting - June 6, 2000
Susan McAllister: Oh yeah.
Sacchet: And they enforce that those animals have to be totally out of the public's view.
Susan McAllister: Right. The public absolutely can view it. I mean all I can do, and the only reason
wby I want to do it is because I believe in it and I believe I'm in a very good spot for it because I hear
deer being shot all the time and I don't like that. And also because, the only thing I can do is just tell the
children what I do and maybe show, you know I show photographs of other animals that have been
rehabilitated, including mine just photographs. That's all I can do. I mean it's not going to make it a
higher use because it's not for them to see, so.
Peterson: Other questions?
Sacchet: Yes Mr. Chair. This aspect of meeting the building and fire safety inspection requirements.
You believe that can be met?
Susan McAllister: Right. I am of the.
Sacchet: For the buildings that will be accessible to the public. I think that was being implied. It wasn't
spelled out but it was implied of understanding.
Susan McAllister: Excuse me?
Sacchet: I think the implied understanding was that that rule applies to the parts of the farm that are
accessible to the public, right?
Susan McAllister: Okay, but are you asking me if I feel that the barn is going to be able to meet the
structural standards?
Sacchet: Well yes.
Susan McAllister: Yes. I believe it will, according to the structural engineer.
Aanenson: That's the structural engineer out there.
<
Sacchet: You have somebody working?
Susan McAllister: I'm working with somebody right now.
Sacchet: The same with the electric?
Susan McAllister: I believe so too because it was added in 1983. It was all changed over. So it's recent.
I can't imagine, you know I don't know what, you never know though. What entails things lately but I
believe that I would not have a problem with either one.
Sacchet: Okay, thank you.
Peterson: Other questions?
37
Planning Commission Meeting - June 6, 2000
Kind: Yes Mr. Chairman. Sue, you did not speak to parking, or if you did I missed it.
Susan McAllister: I didn't speak to it because.
Kind: Because you're okay with 10 stalls?
Susan McAllister: Well, at this time I believe I am. I don't want to have an over abundance of stalls
because I don't, you know it's really hard for me to tum that area into a parking area because I like the
green look. By the way, the map that I showed you in color, shows exactly where all the green space is.
It does, I mean my property line does abut with some of the Bluff, you know the wetland area like that
but Ijust wanted to let you know that that's all green.
Aanenson: But it's not all of her property.
Susan McAllister: No. But it's all green. All my property. Another trick question.
Peterson: Other questions? Alright, thank you.
Susan McAllister: Can I add one other thing too, because I forgot about it. This livestock and poultry
odor. I have gone to a workshop that shows exactly how to make your manure piles from cu~ing into
beautiful black dirt, okay. So I have, and it talks about measuring odor and it says that the nose can smell
over 10,000 different smells, okay. And so they actually have contraptions because I don't know what
other way to put it, but things that look like a box and you put it in your nostrils and you go to the smell
and then you time it and it.. .and then you mark down what you smell for a period of time. It's all very
technical and that's how the Department of Biosystems and Agriculture Engineering at the University of
Minnesota deal with potential problems with people. And I would like to add one other thing. Uli, I
don't think, well you weren't on the Planning Commission at the time but can I give you this copy? I
don't think that you got that, or did you get it?
Sacchet: Sure, you can give it to me.
Susan McAllister: One other comment, and I'm going to be done. Is that when I was here the first time.
Pderson; This is your third time before you were done.
to
Susan McAllister: Wait a minute, I'm done, I'm done. I've got my folder closed up. When I was here
this last time on April, whenever it was. 19'h. The people that did speak in my favor were not anybody
that I planned on. Vernelle is here. That's the only one I asked to come here and so the other ones were
just spontaneous. Not anything I had to do with. Thanks.
Peterson: Thank you.
Kind: I'm sorry, I have one question for her. I hate to ask it though.
Peterson: Then don't.
Kind: I'll ask you guys.
38
Planning Commission Meeting - June 6, 2000
Peterson: Well commissioners, this is before us again.
Blackowiak: Is this a public hearing? Do we need to?
Peterson: No it's not.
Blackowiak: It's not, okay.
Peterson: That means you have to gather your thoughts more quickly than you had planned.
Kind: Mr. Chair, I'll start with the question I was going to ask Sue and maybe you guys can help me.
The 300 feet between dwellings, is that an issue with this plan? Will she be at least 300 feet from a
dwelling?
Aanenson: Pulte Homes, I believe so.
Kind: Yeah, so that's not even. That's not an issue for this particular plan. We need to put it in there for
the standards.
Aanenson: That's what we need to keep in mind. Thank you very much because whatever we do here,
anybody else in the city that's equally zoned can do the exact same thing. Because we're now changing
the zoning ordinance and that's part of what we're saying. And also a conditional use. It could be sold
tomorrow and run by somebody else so you have to make sure that we look beyond the personal phase...
anyone else that's in an equal situation.
Kind: Okay.
Peterson: Anybody want to take a stab at it?
Sacchet: Yes. I do want to take a stab. First the standards. I have a problem with number 3, but I don't
have a really good idea how to solve it except trying to work around it and you know having creative
ways. ...but I don't have good solutions so if one of you has something about that issue, appreciate
hearing it. I do have a solution to number 4. Proposed solution. Number 4 reads, only customary farm
animals shall be allowed on the site. Wild or exotic animals shall be prohibited. I'd like to read,
dangerous animals shall be prohibited. Animals creating nuisances will need to be removed after one ~
warning. And not even go into the farm animal part. That's what I'd like to propose there. I do, just as a
comment. I think wildlife rehab should be encouraged because it's very tightly regulated by the DNR
and so it's a valiant effort. Number 10. Retail sales shall be limited to 300 square feet. I have a problem
with that because it's a fixed number. I mean if we have somebody with a real huge farm and they want
to have a petting farm added to it, would we want to limit that to 300 square feet? Should that be in
relation to the size ofthe location? That's a question.
Aanenson: That's a good question. You can make it a percentage but then let's think that through. If
somebody had 23 acres, would you want to give them a 1,000 retail, you know Frank's Nursery,
somebody that's competing? Again the intent of this ordinance is that you're providing something
ancillary to the use so when you go to experience it, that there's something there that kind of
compliments that experience. Not that you're going there just for the retail but the primary uses that
you're going to...
That's a good point and we could do a percentage but I guess I would...
39
Planning Commission Meeting - June 6, 2000
Sacchet: I'm alright with leaving that 300 but I want to state that as a concern for the public record that
if we have ever somebody come back in this context that they have to be looked at. Number II. I have a
problem with animals on chains. I'd like to take out that middle sentence. If chains confine animals they
must be attached in such a manner as to not become entangled with chains or other animals because the
next sentence says animals must be in confined area with fencing. I don't like the idea about chains. I'd
like that to go. Number 12. I'd like to have somehow reflected in there that an interim use permit is not
a drop dead thing. If we could say, establish for an interim use permit that can be renewed. That may be
re-applied for renewal or something like that. And I have a question. I'm not sure whether we are
violating some legal framework by saying, city ordinance including any new ordinances after the original
approval will apply. I'm not sure whether we're overstepping legally by doing that so that's, I don't
know.
Peterson: Where are you at on that one?
Sacchet: It's number 12. The last sentence. Do we have somebody here with legal knowledge? Matt?
Burton: I'm not going to give a legal opinion but it seems to me you could probably do it.
Aanenson: Yes. We've had that...
Sacchet: We can do it, okay.
Aanenson: It's up to you what you want to do. I think obviously there needs to be some sort of that's not
burdensome but.
Sacchet: I personally would strike it because it's really a thorn inside I think. Because there is enough
controls on this to deal with.
Aanenson: Let me just say.. .but whether we put it in here or not, it still may be a requirement.
Sacchet: It may be a requirement, okay. And then the last part of the standards, this section 20-1.
Definitions. I'd like to read, a petting farm can be defined as any activity whereby non-dangerous
animals are exhibited and allowed to closely interact with visitors regardless of compensation. And I'd
like to cross out the whole part about the zoo because it's irrelevant. That's the standards. Do we want 0
to deal with the standards and then do into the other parts?
Peterson: Let's talk about everything in context.
Sacchet: Want me to go on?
Peterson: Yeah.
Sacchet: Okay. Okay going on to the conditions are put on this. The recommendation and the
conditions. Again I'd like to state when we talk about interim permit, where it says the Planning
Commission recommends approval of interim use permit... 3. Parking shall be limited to 10 stalls with
the provision for only I bus. I'd like to add the word initially. Number 9. The permit shall be reviewed
bi-annually to determine compliance. I think once every other year is plenty of often enough and it's less
burdensome to staff because what are we really going to do. Number II. The interim use shall, maybe it
40
Planning Commission Meeting - June 6, 2000
should say the in initial interim use shall terminate, I'd like to increase !Tom 5 years to a little more and
that's for debate. Is 10 years the right number? Is 7 years the right number? But I'd like to give her a
little more. I'd like to spell out in 12(a), all buildings accessed by the public must meet and so forth.
And that's what I propose here for further consumption.
Peterson: Thank you. Other comments?
Kind: Yes Mr. Chair. Uli, did you, you're going quickly. Did you address number 7 in.
Sacchet: The Standards?
Kind: Not the Standards. In the interim use permit request about the site access.
Sacchet: No I did not.
Kind: I'm suggesting that that could be reworded to Highway 41 access must be abandoned upon the
completion of West 78th Street. And get rid of the way number 7 reads.
Peterson: We haven't got a motion so you can discuss your points.
Sacchet: Yeah, we can use it for discussion.
Kind: But anyway, that's an idea. I'm interested in other people's thoughts on that. Yeah, go ahead.
Sacchet: It's my understanding we can't take access away until the new access is there so really the
question is, what's the access for the petting farm. And that particular point I am worried about the
access from 41. I mean seeing what's happening down at Bandimere Park entrance and that one doesn't
have all the trees. I personally believe that it's not that much of a problem because I would think it's
going to take about a year to put this Ifgether so I would not support your giving access for the operation
from 41. '
Kind: Yeah, I think that's reasonable.
Sacchet: Because it's a safety issue.
Kind: And I too agree that I'd like to, I like the idea of it being interim use. I think that that's important
so we can review it. But I think we need to extend the amount of time just to, this is a big investment for
just 5 years so I'd like to see, 10 years I guess makes sense to me. I'll be interested in other people's
comments on that. And then what else did I have? That Vli may not have, oh. A suggested way to think
about number 4 under the petting farm conditions. This is the one that talks about animals. The way that
I thought it could be worded would be something like, animals currently allowed in A2 districts may be
publicly displayed. Animals that require special permits are allowed on site but shall not be publicly
displayed. And the third sentence, wildlife rehab is allowed on site but may not be publicly displayed.
.
Sacchet: I have real problems with that Deb because we're totally out of our jurisdiction with that.
Based on that, they could have cobras. There's no restriction to have a poisonous snake in this place.
There's no, and Sue was correct as far as there's no restriction to have dangerous animals.
Kind: Yet a hard thing to define though is dangerous.
41
Planning Commission Meeting - June 6, 2000
Sacchet: Well yeah, but I think when we say dangerous I think that that is about the best definition that I
feel we've found so far.
Kind: I think the city requires a permit for a cobra.
Sacchet: Do they?
Susan McAllister: .. .have to register them. You have to register them with the city. You have to have
them on at least a 4 foot leash. You have to have a. . . bury the cage underground 2 feet and have a cover
over the top.. .on the property and that's it.
Kind: So I'm suggesting that we make the distinction between animals that are currently under A2,
without a permit and then animals that require a permit.
Sacchet: Which you basically say dangerous...
Kind: Yeah.
Sacchet: Basically the same thing.
Kind: Yeah. But maybe easier to measure. Maybe. Big if.
Aanenson: Just to be clear. Animal control does this section ofthe code. It's out of our element.
Kind: Yes. I was assuming that. Let's see. Oh, the number of employees. I think if we really support
the idea of a petting farm concept in A2 district, that we need to allow applicants to meet their regulatory
agency requirements and that would require more employees so I think it would be reasonable for
number 3, under the conditions to state that 3 full time equivalent non-resident employees may be
employed on site per 5 acres. What else? And then of course that we clarify that it's public buildings
that meet building official things. Overall I like the concept. I like how it encourages preservation of
open space and I think Sue's come up with a creative way to keep her little oasis as we refer to it. And I
think it does celebrate our rural history and keeps a little slice of that life. And the LuAnn stated in our
last meeting, it's really very similar to a park as far as the intensity of the use and I like to think of it as a
privately owned park.
..
Peterson: Other comments?
Blackowiak: Sure. I've had a really hard time keeping Sue the person separate from the Miss Rosie's
Farm concept because to me they're one in the same and when I think of this petting farm permit, I think
of her and I'm really trying hard to think of the city. In other words, what we want in the city for a
petting farm. And if we want that in the city. We're getting into a lot of nit picking. You know how
many employees, this and that. I think the number of employees is really irrelevant. If she can afford to
have 40 employees, so be it. I mean I don't think she can. Just simply based on her size. And I don't
think that we need to start limiting numbers of employees, and I don't know if that's a part of the
ordinance if we do choose to go ahead with an ordinance. I think that's a little bit much.
Peterson: What if it takes 40 employees to make money to sustain it? That would be my concern too.
Negate that.
42
Planning Commission Meeting - June 6, 2000
Blackowiak: So what would your recommendation be? Have a limit or not have a limit?
Peterson: Oh yeah. Have a limit. Yeah.
Sacchet: I kind of like your idea of not having a limit because this is never going to make a lot of money.
I think realistically this is just an effort for the love of it, not for the money of it. And I would agree that
the cash flow will limit the number of employees very naturally personally.
Blackowiak: Unless Sue opens up a boarding house and has you know, 10 residents there and technically
they're a resident and they don't have to need any other apartment. You know there are ways around it.
Sacchet: But then it's not a petting zoo anymore. Then it becomes a boarding house.
Blackowiak: Yeah, that's it. That's what I'm saying. It's not just for her so I'm having a real hard time
trying to really separate these two issues and I guess I don't really, I'm still not sure what I think. We're
getting into a lot of specifics and I don't know if we need to be at that level yet. I guess that's my point.
So let's hear what Matt has to say.
Burton: Okay I guess I'll just take them in order again. Petting farm standards. At first I was thinking I
employee for 3 acres but I think 3 per 5 is fine with me. Perhaps that and the phrase, after it says non-
resident employee, put perhaps or contractor to avoid the loophole which we already developed. On the
definition of animals, I'm still struggling with, on number 4 what we should put there. I had originally,
one of my thoughts would be to say allow animals are limited to the following and then say, customary
farm animals, and then come up with some definition of the other group and what I had come up with
was non-carnivorous, wild or exotic animals which pose no danger to the public safety, whether or not in
captivity in a number not to exceed the number of customary farm animals on the property. That just,
that was the intent of limiting a number of the others in relation to the fann animals. Was to try to keep it
more of a agricultural, labor, petting zoo as opposed to some exotic zoo. Animal zoo. But I'm open to
anything on that one. I like the rest of the petting zoo standards laid out by staff and I wouldn't want to
change any others. I guess I heard UIi '8 suggestion on the definition again, maybe adding a non, that
would be fine but I didn't quite catch all of it but that might be one change that I'd be okay with. Going
over to the recommendations. I don't agree with adding the word initially in number 3. I think that they
can always come back and ask for changes regardless of whether the word initially is in there or not. I
agree leaving number 7 the way it is. I like the annual review so I guess I'm different there. I think I
would like to have the staff go out there annually. I agree that 5 years is probably not enough. I was
thinking more of 6 or 7, but I could easily persuaded for more. I agree with the change to number 12.
And I guess that's it. I think that it's a nice project to have in Chanhassen. I'd like to have it and I hope
we can work through it.
.
Peterson: Well. I guess I feel as though I'm kind of a broken record on this one. I think that, let me
speak to the general issues and standards first of all. I think the ones that we've been discussing, I think
that 5 acres is fine. I think the employees, I seemed not enough. I think that 3 per 5 acres would be the
maximum I would want to go. You start getting more than that, then you start, I start worrying about the
size and the activity. You're kind of defeating your purpose of having it be a small, intimate place. As
Sue described it earlier, as she was describing the need to have all these people, I just pictured it as being
much more active than not wanting it to be on 5 acres, and more importantly where it was residing. So
my concerns that were raised before are certainly there and if anything reinforce that I'm concerned
about where this is. You know I love the concept but the question is, is it in the right space for
43
Planning Commission Meeting - June 6, 2000
Chanhassen's, where it is in Chanhassen right now. A couple more points on the overall issuance
standards. I'm comfortable, I think we need the yearly review. I think that however we define customary
farm animals, it's going to be an issue and I think that, you know I think that removing wild or exotic
shall be prohibited. I think it's reasonable to delete that without an issue. You know at the end of the
day, at the end ofthe day I'm losing my voice but this just doesn't fit. I think it's too close to other
developments. I think it's going to, I don't think it has the intimacy that originally I had hoped for. Ijust
don't think that 6 acres for what wants to be accomplished as is presented today is enough. Particularly
this 6 acres and particularly where this 6 acres is at so, you know I'm comfortable approving the
standards as set forth but as far as the specific ones, I won't be voting in approval of it as I had not prior
to this point. With those comments, I'll entertain a motion.
Sacchet: Do you want me to take a stab at it?
Peterson: Sure.
Sacchet: The Standards. Change number 3.
Kind: Make your motion first.
Peterson: Make your motion.
Sacchet: Okay. I make a motion to adopt Section 20-267, Petting Farms as is plus the following
changes. Number 3 be changed to, the applicant for the interim use permit shall reside on the site. Only
three (3) full time equivalent non-resident employees may be employed on the site per five (5) acres.
Number 4 should be changed to read, dangerous animals shall be prohibited. Animals creating nuisances
or complaints will need to be removed after one warning. Number II. The middle sentence, if chains
confine animals should be struck out. Number 12. A termination date shall be established for the interim
use permit for which, how can we word this? For which application for renewal is possible. Something
to that effect? It's not really good words but that's the meaning. Section 20- I. Definitions to read, a
petting farm can be defined as any activity whereby non-dangerous animals are exhibited and allowed to
closely interact with visitors regardless of compensation. And strike the zoo paragraph. That's the
standards. Do we want to make this a separation motion? That's my motion for the standards.
Kind: Second. With a couple friendly amendments possibly. Number 12 I think could stay exactly the
way staff had it and delete the last sentence because in there it says prior to the permit expiring the
applicant may request an extension to the interim use.
.
Sacchet: Oh there it is already. Okay.
Kind: By submitting a new application. So number 12 with deleting the last sentence. And then
number 3, I liked Matt's suggestion to reword it to state 3 full time equivalent non-resident or contracted
employees may be employed on the site per 5 acres. And then I'm wondering about number 4. Ifwe
would like it uti's way or the permit versus non-permit way.
Sacchet: The reason why I didn't change. .. It seemed like the permit part is also based on the term
dangerous so I might as well use the same term and then we have it the same way.
Aanenson: And that term is defined in the city code...
44
Planning Commission Meeting - June 6, 2000
Kind: Okay. Groovy. Ijust wanted to get groovy in the Minutes. Okay, and that's it for my ftiendly
amendments.
Sacchet: They sound good.
Peterson: Any further discussion?
Blackowiak: I would just like to make a comment, I'm not sure what number you put it under but
destructive animals removed after one warning. I don't like that. I think that you get somebody who
doesn't like you. They make a phone call and they say, well they had a warning. And I don't think that
that's the intent. I think the intent is more, ifthere's a problem that somebody can apply the ordinance
existing and let's not make it a vendetta type of thing potentially.
Sacchet: Well how would we express that? Substantiated.
Blackowiak: Don't even say it.
Aanenson: It's in the animal section. It's defined.. .so I think that, as Alison said.
Sacchet: So we don't need to state that at all? Good.
Blackowiak: Yeah, I would take it out.
Sacchet: So the only thing that 4 would say is dangerous animals shall be prohibited.
Aanenson: Correct. Unless you wanted to add something.
Kind: And then I had one thing that I kind of wanted to add but I forgot about it. It was wildlife
rehabilitation is allowed on site, but may not be publicly displayed as an additional sentence to number 4.
Aanenson: That's a requirement of the DNR.
Sacchet: It's a DNR requirement that they cannot be displayed.
Kind: Okay, how about wildlife rehab is allowed on site?
~
Sacchet: It's allowed anywhere in the city.
Aanenson: Well when you're doing an interim use, you can attach any conditions you want. You can
prohibit other uses. This is not. .. there may be too much on the site so you can make that a condition.
Kind: But we're not prohibiting it right now so why.
Burton: Put in the other conditions and not in the petting farm.
Kind: Okay.
Peterson: Other discussion? It's been moved and seconded.
45
Planning Cornnússion Meeting - June 6, 2000
Sacchet moved, Kind seconded that the Planning Commission recommends approval of Zoning
Ordinance Amendment #00-1 to aUow petting farms as an Interim use In the A-2, Agricultural
Estate District, to read as follows:
SECTION 1. Section 20-1 of the Chanhassen City Code is amended by adding the following
definition:
Pettin!! Farm any activity whereby non-dangerous animals are exhibited and allowed to closely
Interact with visitors, regardless of compensation.
SECTION 2. Division 2, Conditional Use Permits, ofthe Chanhassen City Code is hereby
amended by adding the following section:
Sec. 20-267. Petting Farms.
The following conditions will apply to petting farms:
I. The site must be on and have access to a collector or minor arterial as identified in the
comprehensive plan.
2. The minimum lot size shall be five (5) acres.
3. The applicant for the interim use permit shall reside on the site. Only three (3) full time
equivalent non-resident or contracted employees shall be employed on the site per five (5)
acres.
4. Dangerous animals shall be prohibited.
5. All structures and storage areas must be set back fifty (50) feet from public or private rights-of-
way, and three hundred (300) feet from an adjacent single family residence or a minimum of fifty
(50) teet from a side lot line, whichever is greater. The City Council may require storage areas to
be completely screened by one hundred percent (100%) opaque fencing or berming.
6.
Parking areas shall be screened from public or private rights-of-way and adjacent single family
residences.
.
7. Hours of operation shall be from 8:00 a.m. to 8:00 p.m. The City Council may further restrict
hours of operation if the use is located adjacent to property guided residential as identified in the
comprehensive plan.
8. No outdoor speaker systems shall be allowed.
9. Signage shall comply with Article XXVI of the Zoning Ordinance.
10. Retail sales shall be limited to three hundred (300) square feet in area. Retail sales shall be
limited to petting farm related items.
II. Animals kept outside must have continual access to shelter to protect them from the elements and
must be in a confined area with fencing.
46
Planning Commission Meeting - June 6, 2000
12. A tennination date shall be established for the interim use pennit. The use shall be permitted
until a particular date, until the occurrence of a particular event, or until zoning regulations no
longer permit it. Prior to the pennit expiring, the applicant may request an extension to the
interim use pennit by submitted a new application. The renewal application will be subject to all
city ordinances including any new ordinances enacted after the original approval.
Section 3. This ordinance shall be effective immediately upon its passage and publication.
All voted In favor and the motion carried unanimously.
Peterson: I would entertain another motion this evening.
Kind: Mr. Chair I'll make a motion the Planning Commission recommends approval of Interim Use
Permit #00-2 subject to the plans dated February 22, 2000 for the operation of a petting farm, with the
following conditions I through 13. And change 12(a) to say, all public buildings must meet code
requirements as required for new buildings because of the change of occupancy classification. And I
think that's it unless we want to add a wildlife rehab thing here. I'll leave it at that. That's my motion.
Peterson: Is there a second?
Sacchet: A question, You're leaving the 5 year limit with the idea.
Aanenson: They can ask for an extension.
Sacchet: With the idea that it can be extended?
Aanenson: Correct.
,
Kind: Actually I meant to change that.\ I'm sorry. Change number II to read the interim use shall
terminate in 10 years.
Peterson: Is there a second?
Sacchet: I second this.
~
Peterson: Any discussion?
Burton: I'm starting to think that 10 is too long because you have to come back.
Kind: I'm open to a friendly amendment.
Burton: I'd make a friendly amendment that it be changed to 6 years.
Kind: How about 7?
Burton: That's fine.
Peterson: 7 y"
47
Planning Commission Meeting - June 6, 2000
Kind: 7? 7. I'm in a compromising mood. Number 11. The interim use shall tenninate in 7 years.
Peterson: Any further discussion?
Kind moved, Sacchet seconded that the Planning Commission recommends approval of Interim
Use Permit #00-2, subject to the plans dated February 22, 2000 for the operation of a petting farm,
with the following conditions:
1. The site plan shall comply with Section 20-267. Petting Farms.
2. Accumulation of feces shall be located at least 200 feet from any well. Accumulation of feces
shall be removed at such periods as will ensure that no leaching or objectionable odors exist.
The premise shall not be allowed to become unsightly.
3. Parking shall be limited to ten (10) stalls with the provision for only one (1) bus.
4. The applicant shall submit a landscape plan for the proposed development. The applicant shall
show the location, size and species of proposed trees and shrubs.
5. Landscaping shall be added to the area between the parking lot and West 78th Street to provide a
buffer. Included in the plantings shall be overstory trees, evergreens and shrubs.
6. Landscaping may be required for the parking lot if it exceeds 6,000 square feet.
7. The site shall only have access from West 78th Street.
8. A dead animal disposal plan shall be submitted to the city for review.
9. The permit shall be reviewed annually to determine compliance.
10. The applicant must apply and obtain all necessary permits from regulatory agencies such as
Carver County, DNR, USDA, etc.
11.
The interim use permit shall terminate in seven (7) years.
.
12. The Building Official's conditions are as follows:
a. All public buildings must meet code requirements as required for new buildings because
of the change in occupancy classifications.
b. All buildings and areas intended for use by the public must be on an accessible route and
accessible to people with disabilities.
c. Two accessible parking spaces must be provided.
d. Accessible sanitation facilities must be provided. The number of fixtures required will
be determined after specific use information is provided. If this farm is intended to be
used on a short term, seasonal basis, portable facilities may be provided, any other use
48
Planning Commission Meeting - June 6, 2000
would require permanent facilities. If permanent facilities are required, two acceptable
septic sites must be evaluated and located by a licensed designer.
e. The food preparation facilities require approval from the Minnesota Department of
Health.
f. Structures intended for public use must be evaluated by a structural engineer to
determine if the building is safe for occupancy.
13. The Fire Marshal's conditions are as follows:
a. A 20 foot wide fire lane shall be provided.
b. The Fire Marshal shall review the existing buildings to be utilized for the petting farm to
determine code compliance.
c. Smoking is prohibited in any building used in conjunction with the business.
d. "No Parking Fire Lane" signs shall be installed on the fire lane.
e. Any new driveway must be designed to support the weight of a fire truck year round.
f. Any new driveway must be installed prior to the removal of the existing driveway.
g. The amount of combustible material (i.e. hay, straw, etc.) on the floors of any buildings
used in the business must meet fire code requirements.
h. All electrical wiring must meet code.
All voted in favor, except Peterson 'yho opposed, and Blackowiak abstained. The motion carried
with a vote of 4 to 1. .
Peterson: Nay. For the reasons mentioned earlier. This goes onto council on the 26'h. Did you vote
or...
.
NEW BUSINESS:
ESTABLISHMENT OF MEMORIAL PROGRAM COMMITTEE AND APPOINT
REPRESENTATIVE.
Aanenson: There's two items under that. Ijust put one on the agenda. The report from Todd looking for
somebody on this memorial program. Just to clarifY that. We've had people that wanted to donate,
whether it's a bench or improve a park, and they wanted someone from the Planning Commission to be
on that. They're trying to formulate a policy.
Sacchet: Question. Do they want somebody from Planning Commission because it doesn't read it that
they do.
49
r
ANIMALS AND FOWL
§ 5-77
Sec. 5·74. Redemption.
(a) Any dog or cat ma)' be redeemed from impoundment by the owner, within the time
stated in the notice of impounding, upon payment of the license fee, a late fee for the license in
the amount established by resolution if unpaid, the impounding fees, and all other costs and
charges incurred by the city for impounding and maintenance .of said animal. The impounding
fees shall be as established by resolution.
¡bi Upon the presentation of a correct license tag and a receipt for an animal license fee
for the current year and for the required fees, the animal control officer shall release to any
owner the animal claimed by him.
(Ord. No. 24·C, §§ 7,8,7-12-76; Ord. No. 24-D, § 2,8-2-82; Ord. No. 24-E, § 1,2.10-86)
Sec. 5-75. Disposition ofunclalmed animals.
Any dog or cat which is not claimed as provided in section 5·74, within five (5) days after
impounding, may be sold for not less than the amount provided in section 5-54 to anyon~
desiring to purchase the animal. Any animal which is not claimed by the owner or sold shall
be painlessly disposed of and buried by the animal control officer. Whenever any licensed
educational or scientific institution shall request, pursuant to state law, any impounded
animal for research purposes, any such impounded animal remaining unclaimed for live \51
days after impounding shall be surrendered to such institution.
(Ord. No. 24-C, § 10,7-12-76)
DIVISION 5. DANGEROUS ANIMALS
Sec. 5-76. Definitions.
As used in this section, "dangerous animal"' means:
(1) Any animal with a known propensity or disposition to unprovoked attacks, to cause
injury to or to otherwise endanger the safety of humans or other domestic animals.
(2) Any animal that has attacked or bitten any person, except a person that has tor.
mented or abused it.
(Ord. No. 81, § 1, 10-5-87)
.
.
Sec. 5-77. Regulation of dangerous animals.
Ownership of dangerous animals within the city, with the exception of ownership by a
public law enforcement agency, is subject to the following regulations:
(1) LeCl$h and muzzle. No person shall permit a dangerous animal to go outside its
kennel or pen unless such animal is securely leashed with a leash no longer than four
(4) feet in length, if possible, or otherwise physically restrained. No person shall
permit a dangerous animal to be kept on a chain, rope or other type of leash outside
its kennel or pen unless a person is in physical control of the leash. Such animals may
not be leashed to inanimate objects such as trees, posts, buildings, and the like. In
addition, all dangerous animals on a leash outside the animal's kennel or pen must
Supp. No.1
273
§ 5·77
CHANHASSEN CITY CODE
be muzzled, if possible, by a muzzling device sufficient to prevent such animal from
biting persons or other aniplals.
(2) Confinement All dangerous animals shall be securely confined indoors or in a se-
curely enclosed and locked pen or kennel, except when leashed and muzzled as above
provided. Such pen, kennel or structure must have secure sides and a secure top
attached to ..the sides. All structures used to confine dangerous Animals must be
locked with a key or combination lock when such animals are within the structure.
Such structure must have a secure bottom or floor attached to the sides of the pen or
the sides of the pen must be embedded. in the ground no less than two (2) feet. All
structures erected to house dangerous animals must comply with all zoning and
building regulations of the city. All such Structures must be adequately lighted and
ventilated and kept in a clean and sanitary condition.
(3) Confinement indðors. No dangerous animals may be kept in any part of a house or
structure such as a porch or patio that would allow the animal to exit such building
on its own volition. In addition, no such animal may be kept in a house or structure
when the windows are open or when screen windows or screen doors are the only
obstacle preventing the animal from exiting the structure.
(4) Signs. All owners of dangerous animals within the city shall, within thirty_(30) days
of the effective date oHhis division display in a prominent place on their premises a (
sign easily readable by the public using the words "Beware of Dangerous Animal" or
similar words. In addition, a similar sign is required to be posted on the kennel or pen
of such animal.
(Ord. No. 81, § 1, 10.5.87)
(
Sec. 5,78. Registration.
All dangerous animals must be registered with the city public safety department within
sixty (60) days after the effective date of this division.
(Ord. No. 81, § I, 10·5-87)
Sec. 5-79. Penalty.
It shall be a misdemeanor for the owner of a dangerous animal to fail to comply with the
requirements and conditions set forth in this division. Any animal found to be the subject of a
violation of this division shall be subject to immediate seizure and impoundment. In addition,
failure to comply will result in the revocation of the license of such animal requiring the
immediate removal of the animal from the city.
(Ord. No. 81, § 1, 10·5-87)
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Secs. 5-80-5-85, Reserved,
Supp. No. I
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