4.1. DRAFT MINUTES 05-03-2021 - Laserfiche WebLink

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City Council Minutes Page 3 April 19, 2021 ----------------------------- Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. th Tim Mullin, 14280 214 NW, Elk River, addressed concerns as the neighbor of the applicant including smell and bugs from keeping pigs, if the pigs would be kept over winter, the process of complaints in the case of smell or noise, who verifies the complaint and if there is a cost to confirming the problem, the timeline of the grievance process, and the request for more chickens than allowed on the property size. Currently, the ordinance states that 12 chickens are allowed on 2.5 or more acres and the applicant has 12 chickens on 2.2 acres and is requesting 24 chickens. Mr. Mullin also asked if there is a time limit to get a Conditional Use Permit (CUP) and if it expires. Does the CUP go with the house and would there be an effect on property value? th Carlos Soza, 14296 214 Ave NW, Elk River, the applicant, addressed some of the concerns stating his family wants to maintain a good relationship with their neighbors and the city. He is willing to forego pigs due to the smell and work within the regulations that are proposed. Mayor Dietz closed the public hearing. Mr. Leeseberg answered Mr. Mullins questions. The applicant has two years to complete the conditions of the CUP. The CUP will only expire if the applicant does not have any activity for six months and the CUP will go with the property. Agricultural animals have a section of the ordinance and chickens have another layer of rules. The applicant currently has more than the permissible number of chickens based on his property size but the CUP would allow for more. Attorney Beck talked about the revocation of a CUP and complaints. Complaints would be investigated by staff and, if there are violations of the conditions, it would require a hearing and a decision from the council on whether the conditions have been violated. If so, the CUP could be revoked. Determining a violation due to smell is difficult. There is no cost to neighboring properties to investigate a complaint. Attorney Beck explained that the CUP would be in affect until its use for agricultural animals was discontinued for six months. However, seasonal animal use would not cause it to expire. Attorney Beck suggested, if the applicant was no longer requesting pigs, the council could approve the CUP with the condition that there were no pigs. Council was not in favor of allowing pigs. The CUP allows council to put in conditions to control the quantity and type of agricultural animals allowed.