Consider Request for a Non-Traditional Animal License to Maintain a Pot-Bellied Pig on the Property Located at 15830 Andrie St NW; Case of Tom & Edie Harer

This case was revised to temporarily remove public comment emails. The case will be updated on Monday, December 12 to update the public comment record, and all public comments received will be included in the record.

?The purpose of this case is to consider a Non-Traditional Animal License in order to maintain a pot-bellied pig at 15830 Andrie St NW. The request is occurring after the fact, as the Applicant is already maintaining the animal. There are also other animals (chickens, rabbits, cats, and a dog) that do not require City Council approval.

The Non-Traditional Animal License allowed by City Code Chapter 10 provides the City Council to approve or declare an animal a domestic animal although it is not specifically listed as such.

Staff attempted to notify all property owners within a 350 foot radius of the Subject Property of a public comment period via Standard US Mail.

Zoning
The Subject Property is located in the Northfork subdivision, is approximately 1.96 acres in size, and is zoned Planned Unit Development (PUD).  The underlying land use is Rural Developing. Surrounding properties are of similar size and are also within the Northfork PUD.  While located within a PUD, the City reviews uses, whether permitted or conditional, according to what the underlying zoning is, which in this case would be R-1 Residential (Rural Developing) as the Subject Property and the entire Northfork subdivision is outside of the 2030 MUSA boundary.  Maintaining animals in accordance with Chapter 10 (Animals) is a permitted use in the R-1 Residential District. 

Several comments that the City has received note that the Subject Property is not zoned for Agriculture (zone 1A).  It is important to clarify that that 1A designation is a tax classification, not a zoning designation.  The tax classification is assigned by Anoka County while the zoning designation is assigned by the City.  Within the R-1 Residential district, agriculture, including the raising of animals in accordance with Chapter 10 (Animals), is a permitted use.

Animals
Chapter 10 of City Code outlines the standards/conditions for maintaining certain types of animals on a property.  Non-traditional or exotic animals, which are animals that are not normally considered to be domesticated but are not wild animals (e.g. bears, lions, tigers etc.), require the issuance of a Non-Traditional Animal License to be maintained on a parcel.  A pot-bellied pig, a different breed of pig than the more traditional swine (agricultural/livestock breeds) and more commonly raised as a pet rather than for meat, would be considered a non-traditional animal.  In reviewing a request for a Non-Traditional Animal License, the City may impose conditions and restrictions as it finds necessary, including but not limited to the number and type of animals; greater setbacks than normal; restrictions on the size, height, and type of enclosures; and screening or landscaping of the proposed use.  The consideration of a Non-Traditional Animal License to maintain a pot-bellied pig does not create an exception, nor is it a variance, to any standard of City Code.  The provisions of Chapter 10 (Animals) provide the City the flexibility to consider a request of this nature and an animal of this type through a licensing process.

The Applicant has a mix of traditional pets and a non-traditional pet (pot-bellied pig) on the Subject Property.  In addition to the pot-bellied pig, the Applicant also has:

• Eight (8) chickens
  • Based on the size of the Subject Property, the Applicant would be eligible to maintain up to thirty-two (32) chickens. 
• Three (3) rabbits
• Two (2) outdoor cats
• One (1) dog

All residential parcels within the City are eligible to maintain up to three (3) dogs without a Private Kennel License.  City Code does not currently restrict or limit the number of cats or rabbits that can be maintained on a property.

When formulating a recommendation, Staff compared similar sized animals and the impacts to the parcel and surrounding area. While City Code attempts to assign an 'animal unit' based on size and waste production, pot-bellied pig is not specifically listed. That being said, information provided by the Applicant and a cursory review of information by Staff seems to indicate that this animal is comparable to a medium sized dog in terms of size and waste produced. The amount of animals on the parcel appears reasonable for the amount of animals allowed by code.

The Applicant has indicated that they manage manure from both the chickens and the pot-bellied pig on a regular basis by collecting it every two days and compost it in a composting bin.  Wood chips are added to the manure and the heat from the sunlight assists with the composting process.  The finished product is utilized on the Subject Property as a soil amendment in the flower beds, lawn, and wooded areas.  The Applicant also has an agreement with a local business that is willing to accept the manure and compost it on their property at no cost to the Applicant. Staff is recommending this alternative.

Accessory Buildings
The Applicant has installed two (2) detached accessory structures to provide shelter for the outdoor animals.  There is an eight foot by sixteen foot (8' x 16') chicken coop (also provides shelter for the two cats) and a four foot by four foot (4' x 4') shelter for the pot-bellied pig.  The total square footage for detached accessory buildings on the Subject Property (144 sq. ft.) is well below what City Code allows (2,400 sq. ft.).  The two structures have T1-11 cedar siding and are painted to match the color scheme of the home.  Both structures are located within a brown, chain link fence enclosure that provides ample exercise space for the animals while also preventing them from running at large.  The enclosure and structures are centrally located on the Subject Property and are well screened from the public road and adjacent properties by existing tree cover. 

It appears that the chicken coop structure does have electricity and there is no record of an Electrical Permit being issued.  The Applicant has been informed of this and is working on submitting the necessary application and paperwork to resolve this matter. This may result in corrections to the electrical system.

Home Owner's Association (HOA)
The Northfork neighborhood is part of an HOA, which does have it's own set of private covenants.  An HOA is able to adopt and enforce more restrictive standards than what is in City Code; however, enforcement of more restrictive standards is the sole responsibility of the HOA.  While City Staff acknowledges that there are HOA covenants, this request has been and should be reviewed based on standards outlined in City Code.  Some of the attached information relates to the HOA and an current disagreement between the HOA Board of Directors and the Applicant with regard to both the pot-bellied pig and the chickens that are on the Subject Property.  This information was either included with the Applicant's submittal and/or was received as part of public comments related to this request.

If the request were to be approved by the City Council, the Applicant would still need to address the matter with the HOA.  If the HOA were not to approve maintaining the Pig on the Subject Property, that ruling would supersede the License granted by the City. It is important to note that the City must conform to State Statute Chapter 15.99, and act within 60 days of receipt of the written request. The City can extend once by 60 days, but there needs to be reasonable cause or additional information as it relates to conformance with City Code. Staff does not believe postponing for the purposes of awaiting the HOA decision is an adequate reason.

Alternatives

Alternative 1: Adopt Resolutions #16-12-240 and #16-12-241 adopting Findings of Fact #0975 favorable to the Applicant and granting a Non-Traditional Animal License to maintain a pot-bellied pig at 15830 Andrie St NW.  The pot-bellied pig is maintained both in an outdoor, fenced in enclosure with a small structure for shelter as well as inside the home on the Subject Property.  It seems apparent that this animal is a pet rather than being raised as livestock (meat production).  The enclosure area is well screened from Andrie St, even during leaf-off winter conditions, and partially screened from Muirfield Circle.  The immediate neighbors to the south, west and north have all submitted comments stating that they do not object to the pot-bellied pig.  Staff supports this option.

Alternative #2: Adopt Resolution #16-12-240 approving Findings of Fact #0975 not favorable to the Applicant and deny the request for a Non-Traditional Animal License.  As the request relates to City Code, there does not appear to be sufficient evidence to indicate that this would impact the health, safety or welfare of the community.  The pot-bellied pig is being raised as a pet, not as traditional swine for meat.  There does not appear to be any issue with noise being a nuisance, the enclosure area is well screened from Andrie St and from adjacent properties, and the two property owners that abut the Subject Property are supportive of the request.  While there may be concern with regard to HOA covenants, the City is not responsible for enforcing them nor should the decision on this request be based on those covenants.  Staff does not support this alternative.

This case is being handled as part of Staff's regular duties.

Staff recommends adopting Resolutions #16-12-240 and #16-12-241 approving the Findings of Fact favorable to the Applicant and granting a Non-Traditional Animal License to maintain one (1) pot-bellied pig at 15830 Andrie St NW.

Motion to adopt Resolutions #16-12-240 and #16-12-241 approving Findings of Fact #0975 favorable to the Applicant and granting a Non-Traditional Animal License to maintain a pot-bellied pig at 15830 Andrie St.