7.b3 Resolution 05-21-19-03 Stroemer IUP
CITY OF SCANDIA, MINNESOTA
CITY COUNCIL RESOLUTION NO. 05-21-19-03
APPROVING AN INTERIM USE PERMIT FOR THE KEEPING OF LIVESTOCK IN
EXCESS OF THE NUMBER OF ANIMAL UNITS PERMITTED
WHEREAS, Daniel McGrath has made application on behalf of property owner John
Stroemer for an Interim Use Permit for the keeping of Livestock in excess of the number of
animal units permitted by the Development Code, at 13550 Scandia Trail North; and
WHEREAS, the property is legally described as follows:
THAT PT NE1/4-SW1/4 LYING W OF LN DRAWN FROM A PT ON N LN OF
SD1/4-1/4 DIST 831.29FT W OF NE COR THEREOF TO A PT ON S LINE SD1/4-1/4 DIST
817.91FT W OF SE COR THEREOF AND:THE E1/2-NW1/4-SW1/4 SD SEC 15 EXC THE W
300FT OF THE S 726FT THEREOF SUBJ TO EASE FOR SCANDIA TRL N(S.T.H #97)ALG
THE S LINE TOG WITH EASE CREATED; and
The Planning Commission reviewed the request at a duly noticed Public Hearing on May
7th, 2019; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it hereby
approves an Interim Use Permit for the keeping of Livestock in excess of the number of animal
units permitted by the Development Code, at 13550 Scandia Trail North, based on the following
findings:
Findings for Interim Use Permit approval
1. The keeping of animals is consistent with the rural character of the community, which is a
key component of the City’s Comprehensive Plan, and does not create need or impact
plans for public facilities or capital improvements.
2. The keeping of animals will not have negative impacts on the safety, health, morals or
general welfare of the community.
3. The keeping of animals is consistent with the rural character of the area, does not cause
injury, and is an expected part of the rural scenery.
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4. The keeping of animals is an allowed use and will not impact the ability of surrounding
properties to be developed for the uses permitted by the Development Code, which focus
on a rural lifestyle.
5. No additional public services are needed to accommodate animals on the site.
6. Livestock are allowed in the GR and AG-C districts on properties larger than five (5)
acres, which this is. There are fenced areas for the animals, although some fences appear
to be in disrepair. Agricultural structures on the property can provide shelter for the
animals, if accessible to them. There is no limit on the number or size of agricultural
buildings on parcels greater than 20 acres, which this is.
7. The use complies with the general and specific performance standards in the
Development Code.
8. Development Code Chapter 2, Section 4.15 Livestock and Livestock Operations (1)(C)
states that “The keeping of livestock in greater density than allowed as stated above shall
require an interim use permit.”
9. The keeping of animals is an allowed use on the GR and AG-C districts. The interim use
permit applies to the number of animal units being kept. There is not a distinction in the
Code for IUPs for excess animal units being allowed in some zoning districts and not in
others.
10. The applicant shall identify a date by which to come into compliance, which seems
reasonable to the City Council, and that date shall be the time limit for the interim use
permit. After such time, the permit would expire and the applicant would be expected to
be in compliance with the Development Code standards for number of allowed animal
units, or face enforcement action.
11. The costs to the public are those related to nuisance calls and officer visits, which are
limited.
12. The user will agree to any conditions that the City Council deems appropriate for
permission of the use.
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FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
1. The applicant shall take active steps to reduce the number of animal units on the property
in order to comply with the number allowed under the Development Code and shall
achieve compliance by October 31, 2019.
2. The facilities and enclosure areas for the animals, including fencing, shall be maintained
in good repair. Any fencing that does not properly contain the animals to the property
shall be immediately repaired.
3. The areas for animal movement and grazing shall be maintained such that they meet the
definition of “pasture” in the Development Code: “Areas where grass or other plants are
grown for grazing and where the concentration of animals is managed so that a vegetation
cover is maintained during the growing season.”
4. The city may inspect the property as needed to evaluate compliance with the IUP
conditions and in response to complaints from the public.
5. The Interim Use Permit shall terminate by October 31, 2019, by which time the applicant
shall be in compliance with the Development Code standards for the allowed number of
allowed animal units.
6. The applicant shall pay all fees and escrows associated with this application.
Adopted by the Scandia City Council this 21st day of May, 2019.
_________________________________
Christine Maefsky, Mayor
ATTEST:
_________________________________
Brenda Eklund, Clerk