Agenda - Council - 12/13/2016 - Laserfiche WebLink

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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 916-12-240 and 916-12-241 adopting Findings of Fact 90975 favorable to the Applicant and granting a Non-Traditional Animal License to maintain a pot-bellied pig at 15830 Andric 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 Andric 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 92: Adopt Resolution 416-12-240 approving Findings of Fact 40975 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 Andric 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. Funding Source: This case is being handled as part of Staffs regular duties. Recommendation: Staff recommends adopting Resolutions 416-12-240 and 916-12-241 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 Andric St NW. Action: Motion to adopt Resolutions 416-12-240 and 916-12-241 approving Findings of Fact 90975 favorable to the Applicant and granting a Non-Traditional Animal License to maintain a pot-bellied pig at 15830 Andric St. Attachments Site Location Map Applicant's Summary of Request PIctures of the Pot Bellied Pig Chicken Info and Pictures