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HomeMy WebLinkAbout102021 PC MINUTESCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES October 20, 2021 1. CALL TO ORDER The City of Apple Valley Planning Commission Meeting was called to order by Acting Chair Kurtz at 7:00 p.m. Members Present: Jodi Kurtz, David Schindler, Paul Scanlan, Keith Deikmann, Philip Mahowald, Becky Sandahl Member(s) Absent: Tim Burke City staff members attending: Community Development Director Bruce Nordquist, City Attorney Sharon Hills, and Department Assistant Breanna Vincent. 2. APPROVAL OF AGENDA Acting Chair Kurtz asked if there were any changes to the agenda – None. MOTION: Commissioner Schindler moved, seconded by Commissioner Diekmann, approving the agenda. Roll call vote: Ayes - 6 – Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of October 6, 2021. Roll call vote: Ayes – 6 – Nays – 0. 4. PUBLIC HEARING A. Land Use Considerations for the Keeping of Chickens Community Development Director Bruce Nordquist presented the staff report. Acting Chair Kurtz opened the public hearing. Resident Jon Rechtzigel (13835 Flagstaff Ave.) spoke in opposition of keeping chickens in Apple Valley citing concerns over water sanitation, how the City will enforce the proposed regulations, salmonella infections, how names were gathered for the petition, and whether the staff tasked with consideration over chickens have a vested interest as they are not Apple Valley residents. Mr. Rechtzigel also commented that although some owners would be responsible, many others may not be. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 20, 2021 Page 2 of 4 CD Director Nordquist responded to the concerns over the petition signatures, saying there were 250 signatures of which 223 were Apple Valley residents, 27 from neighboring communities. The signatures represented 169 households. Resident Elizabeth Salaba-Sharma (12677 Emmer Ct.) spoke in support of keeping chickens in residential areas. Mrs. Salaba-Sharma is a new Apple Valley resident from St. Paul and she mentioned how neighbor approval is a condition required by St. Paul prior to getting chickens. She also said chickens would be a great option for families and especially kids to experience taking care of a pet other than a dog. Resident Laura Tramonte (14082 Flintwood Way) spoke in opposition of keeping chickens in residential areas mentioning a lot of residential properties have small lot sizes. Mrs. Tramonte also mentioned smell being an issue. Resident James Kump (13881 Fleetwood Ave.) stated that Minnesota has short summers for people to enjoy the outdoors and the last thing people want is to smell chickens. He also cited the small lot sizes being an issue. Farmington resident Calvin Cook provided information in support of keeping chickens citing personal experience with raising chickens at his home. Resident Suzie Meserow (7620 157th St. Unit C) stated she would like the option of keeping chickens. Acting Chair Kurtz asked if there were any virtual comments – None. Acting Chair Kurtz closed the public hearing. CD Director Nordquist asked if the Commission had any recommendations regarding setbacks and lot size. Acting Chair Kurtz stated she would prefer a 20’ setback as opposed to the proposed 10’ setback as well as requiring neighbor approval. City Attorney Hills advised that the Commission could offer recommendations/discussion at the next meeting of November 3rd. City Attorney Hills also added that the neighbor approval is not recommended to be included in the Ordinance as it must apply equally to all residents and not be dependent on whether the applicant has a nice or agreeable neighbor. Attorney Hills also stated that the Planning Commission will not be making any motions on the Draft Ordinance as it is not a zoning/land use issue and City Council will ultimately make the decision. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 20, 2021 Page 3 of 4 Acting Chair Kurtz asked if the Commission would like to make comments. Commissioner Scanlan raised concerns over all lots being given the same opportunity for chickens though some lots may not have adequate space for a chicken coop with meeting setback requirements. He also asked if HOAs would have the ability to restrict chickens. CD Director Nordquist stated that HOAs would have this ability. Commissioner Mahowald commented that the diagrams in the packets showing examples of lots and the possible location of the chicken coops have a 5’ setback shown though a 10’ setback is being proposed. CD Director Nordquist responded that the 5’ is demonstrating that nothing is allowed in that drainage and utility easement. The diagram then shows the 10’ measure to show the setback from the property lines. Commissioner Schindler stated that lot size will be difficult as the lots are so varied. He said that setbacks would be the best way. Commissioner Sandahl commented that the 20’ setback would help keeping the coops further away from neighbors’ homes and specifically decks. Commissioner Schindler recommended having someone take a recording at 10’ and 20’ away from a chicken coop to see how sound is impacted and help determine what setback is best. 5. LAND USE None 6. OTHER BUSINESS A. Review of Upcoming Schedule and Other Updates The next Planning Commission meeting is Wednesday, November 3, 2021, 7:00 p.m. The next City Council meeting is Thursday, October 28, 2021, 7:00 p.m. 7. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Acting Chair Kurtz asked for a motion to adjourn. MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, to adjourn the meeting at 8:12 p.m. Roll call vote: Ayes – 6 – Nays – 0.