HomeMy WebLinkAbout09-24-07 Item 7A, Miniature Horse Classification
Request for Council Action
Prepared By:
Dept.:
Council Mtg. Date:
Final Action Needed By:
James Lehnhoff
Community Development
9-24-07
Agenda
7.A
Budgeted Amount
Actual Amount--
Funding Source:
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Motion to approve/deny a request to classify miniature horses as domestic animals as defined in the Zoning Code.
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Denied request to classify miniature horses as domestic animals.
PTRC:
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X Memo/Letter:
September 24, 2007, Memo to the City Council from James Lehnhoff
Resolution No.:
Ordinance No.:
Engineering Recommendation: i
Attorney Recommendation:
X Other:
70-1:
7D-2:
70-3:
Draft Planning Commission Meeting Minutes
Supplementary Information from Natalie Linders of 1945 Glenpaul Avenue
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None.
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~HILLS
MEMORANDUM
DATE:
September 24, 2007
CC Agenda Item 7.A
TO: Mayor and City Council
FROM: James Lehnhoff, City Planner
SUBJECT: Zoning Code Definition Interpretation
Miniature Horse: Domestic Animal or Farm Animal
Requested Action
Motion to approve/deny a request to classify miniature horses as domestic animals as defined in
the Zoning Code.
Background
In August 2007, Staff received a request to allow a miniature horse on a residential property.
Upon review of the City's Zoning Code, Staffs initial opinion was that miniature horses should
be classified as "farm animals" since horses are usually associated with farms instead of
residential areas. Farm animals are subject to certain setback regulations that greatly restrict the
ability of most properties to host farm animals (1325.07 Subd 7). If miniature horses are
classified as farm animals, the resident would not be able to have a miniature horse on her
property. However, the Zoning Code's definitions for domestic, farm, and wild animals do not
directly address miniature horses, and there is room for interpretation on the definitions for
animals.
Ms. Linders is requesting the City Council to review the definitions in the Zoning Code to
determine if miniature horses should be classified as domestic animals or farm animals. The
report to the Planning Commission and a supplementary letter with additional information from
Mr. Linders is also included (Attachment 7D-2 & 3).
Zoning Code
The definitions in Section 1305.04 of the Zoning Code for domestic, farm, and wild animal are
as follows:
City of Arden Hills
City Council Meetingfor September 24, 2007
\\Metro-inet.uslardenhillslPlanningICity Council Memos\2007\Miniature Horses\092407 - Minature Horses - domestic animals.doc
Page 1 of 3
Section 1305.04
Subd. 8 Animals, domestic. Common household pets, such as dogs and cals, other
animals kept for amusement, companionship, decoration, or interest.
Subd. 9 Animals, farm. Animals traditionally kept or raised on a farm for the purpose of
providing food or products for sale or use, such as cattle, horses, goats, sheep, swine, fowl,
bees, and animals raised for fur.
Subd.10 Animals, wild. Animals such as wolves, tigers and poisonous snakes that are not
normally a domestic animal
Section 1325.07 Subd 7 regulates the number and type of animals that are permitted on a
property:
Section 1325.07 Subd 7
A. Location for Buildings Housing Farm Animals. Any building in which farm animals
are kept shall be located a distance of !WO hundred (200) feet or more from any lot line.
Any open structure in which farm animals are kept shall be a distance of four hundred
(400) feet or more from any lot line.
B. Number of Animals Allowed. Up to four (4) domestic animals, excluding birds and
fish, are permitted in any dwelling unit, but without a residential dog kennel license not
more than !WO (2) may be dogs. Up to three (3) dogs are allowed with a residential dog
kennel license. Dog enclosures may be located only in a rear yard in all zoning districts.
C. Animals for Research. Animals for research may be kept in appropriate places by
conditional use permit.
D. Wild Animals. Wild animals are not permitted in any district.
Based on the setback requirements for fann animals in the above requirements, most residential
properties are simply not large enough to host farm animals and still meet the required setbacks.
A property owner could apply for a variance from those setbacks; however, it is difficult to
fathom exactly what the hardship would be to grant that type of a variance. Domestic animals do
not have any additional setback requirements.
While a regular horse would be classified as a farm animal, there is room for interpretation on
whether a miniature horse qualifies as a fann animal or a domestic animal. The definition for
domestic animal includes "...animals kept for amusement, companionship, decoration, or
interest," which could conceivably include miniature horses. However, while a miniature horse
may not be a typical farm animal based on the above definition, a miniature horse is probably
also not considered a "common household pet." The wild animal definition does not appear to
apply to this situation.
Although Ms. Linders is requesting this Zoning Code interpretation for her specific property, this
interpretation would apply to all properties and it does set a precedent for future decisions on
City of Arden Hills
City Council Meeting for September 24, 2007
\\Metro-inet.uslardenhills\PlanninglCity Council Memos\2007\Miniature Horses\092407 ~ Minalure Horses - domestic animals.doc
Page 2 of3
miniature horses. If miniature horses are classified as domestic animals, they would be permitted
on most properties subject to the regulations in Section 1325.07 Subd 7.A-D. This does not
necessarily set a precedent for all other types of uncommon household pets; however, it may
open the door to other types of requests.
Recommendation
The Planning Commission reviewed the request and is recommending (6-1) classifying miniature
horses asfarm animals. However, the Commission did indicate that a revision of the domestic
and farm animal definitions should be addressed in the near future.
If the City Council determines that miniature horse should be included in the domestic animal
definition, the City Attorney has recommended that we modify the Zoning Code to explicitly
include that in the definition. A Zoning Code modification will require a public hearing with the
Planning Commission.
Options
1. Motion to approve a request to classify miniature horses as domestic animals as defined in
the Zoning Code.
2. Motion to deny a request to classify miniature horses as domestic animals as defined in the
Zoning Code.
3. Motion to table the request (a motion to table this request should include direction on what
additional information is needed to make a final decision).
Attachments
7A-l
7A-2
7A-3
Draft Planning Commission Meeting Minutes
Supplementary Information from Natalie Linders of 1945 Glenpaul Avenue
September 5, 2007, Report to the Planning Commission-
http://www.ci.arden-hills.mn.us/plannin~cases
City of Arden Hills
City Council Meetingfor September 24, 2007
\lMetro-inet.uslardenhills\PlanningICity Council Memos\2007\Miniature Horses\092407 - Minature Horses - domestic animals.doc
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Attachment 7 A -1
Draft Planning Commission Minutes
September 5, 2007
September 24,2007, City Council Meeting
.......
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ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 5, 2007
IS
UNFINISHED AND NEW BUSINESS
A. MINIATURE HORSES
Chair Sand stated that Natalie Linders, a IO-year old resident and her mother Carol
Linders, requested an interpretation of the zoning code on whether miniature horses
should be classified as "domestic animals" or "farm animals."
Mr. Lehnhoff reported that farm animals are not prohibited, but typi%atly it is difficult to
put them on any standard city lot.
hsiciilted to be farm animals
iniaturBhorse as a domestic
uired if thlsls an exercise in
pet. Mr. LehnhQffstated that
.. it would seem thlit the Linders
. tated that the City Attorney
termined that a miniature horse
Commissioner Zimmerman stated that currently horses are
regardless of the type of horse. He stated that considerin
animal would require a revision of the zoning code.
civics or if there is an intent to have a miniature h as
if miniature horses would be considered domes. nimal
would pursue the idea of purchasing a minia
recommended a revision of the zoning codes if
should be considered a domestic animal.
Commissioner Modesette inquirechifthis could be consid
Commissioner Stodola stated that there pogs,thi'lt weigh more and are larger than
miniature horses. She stated that it isbelit:ved that~d&gs are descended from wolves and
horses from horses.
Commissioner. Barson statedJhat he wollld view the existing ordinance as referring to
domestic animals as cats, dogs, and birds and the other animals are not. He stated that
neighbors ""ill have 6bjtC1tions to horses next door. He stated that they are not a common
animallnan'urbiJJ1 setting.
Q()lIlmissioner Modesette stated she is not opposed to a broader interpretation beyond
dogS;i11d cats as doni~stic animals. She stated that she thinks there is an allowance for
horseSill.St. Paul. .~re stated that she would consider entertaining changing the zoning
code to allo}" fort1t;einterpretation to be bigger than dogs and cats.
Commissiofi.el-'.Larson inquired about exercising the horses.
Commissioner Stodola stated that they wouldn't be able to go strictly by size. She
provided an example of a Minneapolis resident who owned a lion.
Chair Sand stated that it may be a good idea to look at the entire ordinance for
clarification. He stated that it may be opening Pandora's Box to allow animals other than
dogs and cats.
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ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 5, 2007
16
Mr. Lehnhoff stated that current definition for domestic animals states "common
household pets, such as dogs and cats, other animals kept for amusement, companionship,
decoration, or interest." He stated that is where the interpretation came in for miniature
horses. He stated that it does go beyond cats and dogs right now.
Commissioner Larson stated that there are dogs that could be more dangerous as a result
of the treatment by the owner. He stated that another concern is the number of animals.
Commissioner Modesette stated that there are requirements in t
about the number of cats and dogs.
"ning ordinances
Mr. Lehnhoff stated that there is a maximum of three cats ~!Jc<cll;'lh
Commissioner Zimmerman stated that he concurs that.a.hoffie is a fann j111aLHe stated
that they need to look at the ordinances to be sure that they are definitive 3n<cl.objective in
nature.
Commissioner Holewa inquired if a resident owned:a miniature horse would they be
issued a violation. Mr. Lehnhoff stated that it could be turned over to the code
enforcement officer as a violation; however, we wou!d:."\yorkwith them before it turned
into an actual violation. For eXil1ppl~,they could request'alJlifferent interpretation of the
zoning code from the Planning Eorn.mission aIld City Copncil or possibly a zoning dode
change.
Commissioner Hole\Vll111quired about ili.e grounds of the violation. Mr. Lehnhoff stated
it would be in violation of the zoning code based on the current interpretation.
Commissioner La.rson statecFithatthedefinition of fann animals specifically mentions
horses.
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Col1lli'llssioner Mode.settesta~edthe ambiguity in the zoning ordinance can be deliberately
I?Il'le~d for longevityin helRing for a case by case review, which preserves the quality of
beingt[llral, unique'~1ld different. She stated that she hesitates to see this as something
that doesn't have any flexibility.
CommissioilerZ;ifumerman stated that horses are currently considered a farm animal. He
stated that (;ortsidering certain types of horses as domesticated pets would require a
change in the ordinance. He stated that they can only make decisions based on objective
criteria.
Commissioner Larson stated that injecting ambiguity in the ordinance begs the question
of who is involved and what is involved.
Commissioner Modesette inquired if they know enough about the distinction of miniature
horses from horses.
ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 5, 2007
17
Chair Sand stated that this is a specific request by a specific person, but the decision
impacts the whole City. He inquired if they were to keep the current ordinance, if there
would be a possibility to grant a variance. Mr. Lehnhoff stated that a person could apply
for a variance from the setback requirements for farm animals; however, they would need
to meet the variance evaluation criteria.
Commissioner Stodola inquired about what would happen if a person moved in to the
City with a miniature horse as a pet.
out what
Commissioner Holewa stated that there is room for
the language. He stated he would be in favor of
City.
Chair Sand stated that in similar situations they oft.ellresellrch the topic
surrounding cities do before making a decision.
Commissioner Larson stated that they are wi!1ingtoJookat the animal ordinance.
Commissioner Larson moved, Commissioner Thompso1tseconded, to classifY miniature
horses as farm animals and the ordinance fi:>radditional information on
domestic and farm animals.
the option in a new ordinance to consider
Commissioner Holewa stated that he
individual situations.
Commissioner Zimmerman stated that 0
Lehnhoff stated that a person could reques
n is available through a variance request. Mr.
a variance for the setback.
The
(6-1).
will be reviewed at the Monday, September 24,2007, City Council meeting.
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Attachment 7 A - 2
Supplementary Information from Natalie
Linders of 1945 Glenpaul Avenue
September 24, 2007, City Council Meeting
sept. l.G, 200"7-
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DeClY An;(eV\, H-LLLs CLtij CoulMLL:
Mij V\,ClVlA.e LS NCltClLLe LLV\,ders ClVI-oI, CIS ijou ~lMW, I wouLd LL~e to
fi.VI-oI out L f CI VlA.Lv\'LClture horse CCl V\, be Iupt LV\, Arolev\' H-tLLs. ( wouLd
LL~e to s-peCl~ to the CLtij CoulMLL Clt ijour li\.tx.t VlA.eettV1-0 ov\, sept.
24t~ to ex:pLClLv\' whij VlA.Lv\'LClture horses Clye dOVlA.esttc -pets.
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=045 c;Lev\'-pCluL Ave.
Arolev\' HiLls, MN 551.1..2
MINIATURE HORSES FOR SALE!
ADORABLE, AFFORDABLE, AND AVAILABLE!
Are your children afraid of full size horses, heard that ponies were mean? Then you would LOVE a
Miniature Horse! Minis have wonderful dispositions, love people, and are as simple to care for as
a large dog (easier, actually). You don't need a lot of space, they don't eat much, and do a great job
of "mowing the lawn"J They greet you with a hearty whinny, love attention, but do not require
much - they are fine without a Lot of bother, in short - they are the perfect pet for the horse lover
who has space limitations or whose children are intimidated by full sized horses. They are valued
for their good disposition, trainability and especially their small size. They also possess an innate
ability to soothe the senses, encourage us by their need to please and heal us by their
compassionate fundamental nature. Is it any wonder then, that the horse can be considered a
superb therapist?
www.tbart.netunder"forsale"
What are they gOod tor"!
page 1 01"1.
Home What is "MinialureH=e ~aretheygoOdfur? Whatcareisrequired?
Links to MiniFllmlS
Last Updated: 07116/07
What are Miniature Horses Good For?
Because of their gentle, affectionate nature and small size, miniature horses are
-t( excellent pets. It is not uncommmon to have a little nose nuzzling you as you
work in the barn or yard. The foals are particularly lovable as they normally
range between 16 and 21 inches in height at birth. Many an owner has yielded
to the temptation to pick up a foal like a baby and "rock away."
Many people buy miniature horses who have big horses and want their
children to love, to know how to care for and to learn to handle horses years
before they are ready for even the most gentle big horses.
Many horse lovers, young and old, who may not have the space or time to take
care of a large horse can enjoy this outstanding breed; and, because of its size,
http://www.minihorses.org/what_are_theY-EoodJor.htm
9/16/2007
What care IS reqUlred'!
Page I of2
H01Ile
WhatisaMirlio\1....HOISe Whateretbeygoodfotl (~C8feisrequired?
~2
liIIks to Mini Fauns
Last Updated: 07/16/07
What Care do Miniature Horses Require?
-N Miniature horses require much the same care as standard-size horses, except in much
17' smaller quantities. It is possible to keep a miniature horse in a good-sized backyard by
feeding hay and grain (check your zoning!). A bale of hay will usually last one miniature
horse two to four weeks, and approximately one pound of good grade commercial food
per 100 pounds of body weight is normally adequate as a daily ration for a stalled horse.
Like big horses, they need their shots and a good deworming program. Because of their
size, people tend to overprotect them; but miniature horses are just as hardy as any other
equine with regard to weather conditions. They need to be groomed as often as possible
and their feet trimmed at least six times per year.
http://www.minihorses.org/what_care_isJequired.htm
9/16/2007
What are they good tor'!
Page 2 of2
it is no more cost or care than a large dog.
Miniature horses can easily be trained to pull a cart. Special carts are available
for pleasure driving, and a miniature horse can pull one or two adults on a
long, pleasurable ride. Miniature horses are the perfect solution for those that
are handicapped, as their gentle nature and small size allow easier handling.
PhotD by Jim Rhoads
email: lhITilnch@Rrodigy.net
@ Web Site created by B3Lbara McDermott
RETURN'mIQp OEJ?AGE
http://www.minihorses.org/what_are_theY--.loodJor.htm
9/16/2007
mID1ature norse
l:"age 1 or ()
What in the World is a Miniature Horse?
Ever see a real live horse that is only
as tall as a yardstick? A real live tiny
horse that is perfectly-proportioned?
Well, THA Ts what a Miniature Horse
is!
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Miniature Horses are found all over the world and are available
in all colors and styles.
Black &. White Pinto
Silver Dapple
http://www.horsequest.comlbredshow/minilminiature.htm
Brown
Palomino
9/16/2007
IUlmature horse
Chestnut
Silver Dapple
Page 1. oto
perlino
Red Pinto
Black mare
Miniature Horses in Argentina are called Falabellas. They are a
particular bloodline of Miniatures. There are also Falabellas in other
countries now. In Great Britain, Australia, and New Zealand, Miniature
Horses are also called Miniature '\
Ponies or Miniature Shetlands. Many
of them came from Argentina and the
United States. The American Miniature
Horse is a blend of many bloodlines
and has become one of the most
popular horses available. There are
thousands of them registered all over
the world and people who fall in love
with them can never have "just one"!
The Miniature Horse is known as a "height breed." The American
Miniature Horse Association (AMHA) registers Minis that are 34 inches
or under. The American Miniature Horse Registry (AMHR) registers Mini
in two divisions: "A" Division for horses that are
'i~ 34 inches and under; and "B" Division for
http://www.horsequestcomlbredshow/minilminiature.htm
9/1612007
lD1lliature norse
page j 01 ()
horses that are 34 inches up to and including
38 inches. Other organizations register Minis for racing, for performance,
and for show.
SOu.What Do You Do With Them?
In addition to raising Miniatures to sell, many people train their Miniature
to show. Miniatures can be trained to drive and jump; they are very
smart and can leam an obstacle course
very quickly. Many Miniatures have been
taught to do wonderful tricks.
it
But, above all, Miniatures make wonderful
pets and companions. They have proven
themselves over and over as Ambassadors
of Good Will by participating in exhibitions,
parades, and fairs, and reaching out their
tiny soft noses to invalids, the elderly in
. ;~~ homes, and hospitalized children. Their
small size and
gentle disposition
makes them very
attractive to people
who might be
afraid of a full-size horse. And often older folks
who can no longer handle full-size horses find
that a Miniature is just the ticket so that they
can remain involved with horses.
Are Miniature Horses REAL Horses?
YES! They have all the same needs and traits that full-size riding horse
has! And that is very important to know, because unlike a dog or cat
that is part of the household, horses must have certain care and
attention in order to stay healthy and fit. So, if you want to get a
Miniature, you must learn a great deal about equine care and health.
Many sad tales of "starving Minis" in a field somewhere are a direct
result of ignorance. Someone thought they could just throw some hay
out every day and that would do it.
Can I Keep One in My Room?
http://www.horsequest.comlbredshow/minilminiature.htm
9!l6/2007
IDlDIature horse
page 4 ot 6
Well, you could invite one into your room for awhile, but your Mini will
need a home of his own. Horses are very sensitive to changes in their
surroundings, pasture mates, humans and daily routine. Making the
transition from his old home to yours will be
stressful, but with a little foresight, you can
help him acclimatize more easily.
Your first concern should be safe,
adequate housing for your Mini. It doesn't
have to be fancy, but should be sturdy,
well-ventilated (but draft-free), well lighted,
and large enough to provide a comfortable
stall. A 10' x 10' box stall is ideal for a Mini. Ceilings should be high
enough to allow good circulation of air; however, be sure that the
ventilation is not so great as to be drafty. Ideal flooring for stalls is day
or dirt. Stalls should be free of nails, wood splinters, sharp edges, or
anything else on which your Mini might injure himself. Believe it - if its
there, he'll find it!
What Else Do I Need
to Know?
LOTS! Your Mini needs to
be properly fed and have
plenty of clean fresh water
at all times. He needs to
have a safe place to
exercise and play, and roll
and snooze. He needs to
be able to get out of the
hot sun in the summer
and the cold wind in the
winter.
He will need to be
groomed daily to keep his
coat in good condition and
pest-free.
His feet will need care and
attention on a regular
basis.
http://www.horsequest.com/bredshow/minilminiature.htm
9/16/2007
trunlature horse
Your Mini will need to
have vaccinations on a
regular basis and he will
need to be treated for
worms regularly. - ALL
HORSES HAVE THEM.
Page 5 ot6
What Do I Need to Do BEFORE I Get a Miniature Horse?
First and foremost, this can't be stressed enough.....lf you don't live in a
rural area, check with the local zoning board BEFORE you buy a Mini
~ and bring it home. Every town in every state is different. Miniatures
have not been around long enough to set any kind of precedent and,
most likely, YOU will be the pioneer in your area.
Second, spend enough time researching the
kind of Mini you want and know what you want
to do with it. Visit with breeders in your area,
attend shows, and join the local club to learn
all you can about what is available before you
buy.
Third, if you decide to buy a mare in foal, give
yourself enough time to learn what to expect
and to find a good vet and someone to help
out, if necessary, when the time comes.
But I Still Have Questions......
Read all you can find about Minis, talk to other owners, visit farms,
attend shows, and Ask Your Questions. Most folks are tickled pink to
talk about their Minis!
@ Copyright 2000, Small Horse Press @
All rights reserved
http://www.horsequest.com/bredshow/minilminiature.htm
9/16/2007
Attachment 7 A - 3
Report to the Planning Commission
September 5, 2007
http://www.ci.arden-hills.mn.us/planningcases
September 24, 2007, City Council Meeting