Loading...
CUP 4-2022 816 N. 7th; Lisa Robinson pigsCity of Van Buren Conditional Use Permit Application/Animal Visit: www.vanburencity.org/Planning Planning Commission meetings are the 15v Tue day of every month CONDITIONAL USE NUMBER: Application fee: $150 APPLICANT NAME: w15A ,C • hTELEPHONE NUMBER: 14 4v S "(o g ADDRESS: 9, f to ND v I PD D2)X S A-08II / PROPERTY OWNED BY: L15A X 1 PY0k0wFELEPHONE NUMBER: ADDRESS: d� GENERAL LOCATION OF PROPERTY: !Z I (e N0I 1 n PRESENT USE: N(j1&� ZONED: (� i PROPOSED USE: �al9S� 3 Mihc�ii!'P .�,��i+ti,nP WAGS APPLICANT SIGNATURE Y LEGAL DESCRIPTION OF PROPERTY: Attach Survey or Actdatascout.com info IQCHECK HERE IF APPLYING TO KEEP/MAINTAIN ❑COWS❑HORSENHOGS❑GOATS❑ SHEEP ❑FOWL Please state how many 3 The Van Buren Planning Commission shall reference the Natural Resource Conservation Service as a guide when determining the appropriate size of land required for the animals to be P. REFERENCE: ORDINANCE 31-2018 OFFICE USE ONLY MUST BE POSTED IN NEWSPAPER 15 DAYS PRIOR TO MEETING PLANNING SECRETARY: PUBLIC NOTICE SENT SIGN POSTED-STREETDPT PUBLIC HEARING DATE: PLANNING COMMISSION ACTION: APRVD� DENIED PERMIT EXPIRES: OTHER INFORMATION: APPLICATION DATE: I L.-- e GRGGf:ID.7Q3 V23a�i7� iW-093 0] o- 33 5-0 0 SE LM N, PqT 1 EN PFF E N _ p ESS EN, ECILEVIO RNOL03] T00y R CID OM RGnT R G A y Ril s3id1■ .MrAN; PATRI ( � I i0ao33 3- GBY, a09 N Bd; s i`INs'oN;�LfIS��KH, Y, E„� �1 >0o-033 p000 0e 6�I��w G' V ERAN8 VO ABLE LIVI G OBRIOE, DAME jut Wool No FAMILY iR PATRICIAANN ] SELMA AIRIC N+bn0i ytl liLs§ CPR ]0P03306-000 0 AI 1LfrJ 11 ST Ann ER LEWIslDE0000 9 I I_J LEN I FAMFill ST't'+ A7.791 00 LETS. Mn EG v An I00-]]a02,Nr]TH ST 00PERp ES LLG RA DNLL E�STEP, G S .B ARLETf Y T. E BIA 1 k � •s 1i1P L .eotgoEurvF ua 0.06600.0a.0 One prapeM boundaries and .•aadetea lnl0rmaron depiGedon E E - .NATHAN G Onegraphite :ere carved fromtheC�ewbrd County, P+kanses NE'LN 0. a 1p21-502(6)Cameos. means storage n man aUsti no aCode RCEL Glsl ISpe enlago s offa me storage and nkedpaMlbn a wmpuhases.ledzed rered InProm se Code mepsand linked melds cologne. As DP staged snot represent coal trope-lybdurinq dergifal pdorm ilre _. on 1. daesnolrepresenllaq detepenytionof a deaadp00ns,relis PUFF,ORIG NE E k saibdInMeanaary determination of NeinaNlduelpercels MMdetl in Me cetlaeVe. S/12/22 Van Buren Planning Commission Re: Ordinance 31-2018 Pursuant to the requirements for a completed application the following issues are to be addressed: a) Description of the proposed use: Y The care and maintenance of 3 Julianne pigs within the confines of 816 No, 71h, Van Buren, AR 72956. ➢ The pigs in question are kept mostly inside the house as they are therapy animals as stated in the attached Doctors letter as Exhibit 1. ➢ The remainder of their time is spent outside, in a fenced area of the backyard that includes 3.67 acres of land, which coincides with the municipal code requirement (6,08,02) that requires 1 acre of land per animal. Y Exhibit A shows the fenced area of land where the pigs spend their time outside. ➢ Exhibit B shows the view of the pen from Pat Selman's house. ➢ Exhibit C shows the view of the backyard from the end of Lisa Robinson's driveway beside the road. Y Exhibit D shows the distance from the pen to Pat Selman's house. ➢ Exhibit E shows the front of the pen. ➢ Exhibit F shows the distance between Pat Selman's shed and the fence. ➢ Exhibit G shows the distance from Lisa Robinson's shed and the fence. ➢ Exhibit H shows the size of the pigs in question. b) Description of the measures to be taken to insure compatibility: ➢ A privacy fence is used around a portion of the property to ensure safety and compliance as well as keeping with neighborhood appearance protocols. ci Possible adverse impacts to inelude: ➢ No known impacts at this time. d) Copy of subdivision's restrictive covenants: Y No known restrictive covenants at this time. 15 copies of the completed conditional use application, an aerial survey of the land in question, and an answer to each inquiry of Section 3, Subsections A -Dare included. 5/12/22, 11:15 AM IMG 20220512_105834491_HDR.jpg hops://mail.google.comlmail/u/0/?tab=rm8ogbl#inbox/QgrcJHsNjCMJXnKxcLXtTIwCIVpkCLgPDSq?projector-1 &messagePartld=0.19 1/1 5/12/22, 11:14 AM ^: �`na D� �(`�.tJ� u1C�w�, IMG_20220512_110634129_HDR.jpg a.• `>; https://mail.google.comlmail/ul0/?teb=rm8ogbl#inbox/QgrcJHsNjCMJXnKxcLXtTtwCl VpkCLgPDSq?projector-18messagePartld=0.9 1l1 5/12122, 11:13 AM IMG_20220512_105812122_HDR.jpg https://mail.google.com/mail/W0/?teb=rm8ogbl#InboxlQgrcJHsNjCMJXnI6ccLXlT1wCIVpkCLgPDSg7projector-18messagePartld=0.6 1 /1 5/12/22, 11:14 AM %<I'la�r� � a III IM _20220512_105442985_HDR.jpg r a IF FF N. Fee I Filey, FL d r ..� A. rr rs'y Im l�i^rf 41.pt vl. Ikrrr � s' h. .i7 < aI FOR IF ir- M-= i It it IF I La IF Ir yFk(S5 +sg t N k f j it https://mail.google.com/mail/u/0/?tab=rm&ogbl#inbox/QgrcJHsNjCMJXnKxcLXtTtWCIVpkCLgPDSq?projector--1 &messagePartld=0.10 1/1 5/12/22, 11:15 AM IMG_20220512_110003184.jpg hops://mail.google.com/maiVulO/?lab=rm8ogbl#inbox/QgrcJHsNjCMJXnKxcLXtTfwClVpkCLgPDSq?projector=l8messagePartld=0.14 1 /1 5/12/22, 11:12 AM � „� j �1 � � � 5) L e ��' I I I��G_20220512_110205979.1P9 �'e �.r �.� i \ ;[ j �' ��� � r, �1 ;3 rti w � 1p., � 4 5� .� � > �� �; • - �� hllpsa/maiLgoogle.cronJmail/ul0l?tab=rm&ogbl#inbox/ClgrcJHsNjCMJXnfCxcLXtTtwClVpkCLgPDSq?projector-1 &messagePartld=0.3 05-12-'22 09:01 FROM- Adult Med Clinic 479-441-5847 T-097 P0002/0002 F-908 _'.. A. .., ^ • ... I�Y.L�Y�i Lisa has three miniature pigs she has raised since they were babies. She got them for therapy and companionship when she was confined to a wheelchair. They are housebroken and are in the house a lot of _ . the.time-. She. has .installed.a privacy..fence so when.they are outside, they are safe inside her yard. This is also a barrier between her and her neighbors. N : I CITY OF VAN BUREN, ARKANSAS ORDINANCE NO, 3 - 2018 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND THE VAN BUREN MUNICIPAL CODE CHAPTER 6.081 REGARDING ANIMALS AND FOWL INSIDE THE CITY LIMITS. WHEREAS, after a planning commission review of the requirements in the City of Van Buren Municipal Code Chapter 6.08, regarding animals and fowl kept inside the city limits, there is a need for requiring a conditional use permit for these purposes; and WHEREAS, a notice of a Public Hearing was duly published, and a Public Hearing was conducted by the Van Buren Planning Commission to consider revisions thereto; and WHEREAS, the proposed amendments to the Van Buren Municipal Code herein were recommended by a unanimous vote of the entire Planning Commission, NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION ] : Section 6.08.01 of the Van Buren Municipal Code shall be amended as follows: A. It shall be unlawful for airy person to kcen;qrrnairdainof-perrnitto run ''""" within the corporate limits of the city, any cows and/or horses except -without a conditional use permit, and as otherwise provided in this chapter. B. The Van Buren Planning Commission shall reference the Natural Resource Conservation Service as a guide when determining the appropriate size of land required for the animals to be kept. The keeping ft,.... es nenvE9..;A,:,, r they are maintained an an enelosed pasture containing one (1) aere for- eawh Animal. SECTION 2: Section 6.08.02 of the Van Buren Municipal Code shall be amended as follows: A. It shall be unlawful for any person to keep any hogs, goats, or sheep within the city er-te permit any such animals any sueh Rilinlglq in rim at large within the I I without a conditional use permit, in an established stockyard and as provided in Section B. and as otherwise provided in this chapter. The Van Buren Planning Commission shall reference the IN Resource Conservation Service as a guide when determiningthe he appropriate size of land required for the animals to be kept. 2. ALL WILL BE DELETED ALL WILL REMAIN 4. ALI. WILL REMAIN 5. ALL WILL BE DELETED SECTION 3: Severability. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict. The provisions of this Ordinance are hereby declared to be severable, and if provisions shall for any reason be illegal or invalid, such holding shall not affect the validity of the remainder of this Ordinance. IN WITNESS WHEREOF., the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of W for and l� agathe foregoing Ordinance at its regular meeting held on the 17"' day of December 2018. Robert D. Mayor ATTESTED: Ph Ihs Thomas City Clerk/Treasurer APPRO S TO RM: Candice A. Settle City Attorney 6.04.13 Field of Dreams, Notwithstanding any existing ordamoces or regulations to the contrary, effective 1May 1, 2011, ao person shall bring onto oral I ow onto the Van Buren Field of Dreams, any dog, with the exception of service dogs for the vision impaired or other qualifying disability at any time. Violations oftbis provision will be subject to fines of no more than Two I-fundred Fifty Dollars ($250.00). Lich occurrence constitutes a separate violation of this ordinance. (Ord. No. 2011-5, Sec. 1 .) Sections: 6.08.01 Horses and cows 6.08.02 Hogs, goats and sheep 6.08.03 Diseased animals 6.08.04 Releasing animals 6.09-05 fowl 6.08.06 Cruelty to animals 6.08,07 Wild and exotic animals 6.08.01 Horses and cows A. It shall he unlawful for any person to keep, maintain or permit to t1m at large within the corporate limits of the city, any cows and/or horses except as provided in this chapter. 'Fire violation of this section is hereby declared to be a misdemeanor. It shall be the duty of the proper law enforcement official to enforce the provisions hereof. 13 The keeping oFhorses or cows within the corporate limits of the city is permitted where They arc maintained ou an enclosed pasture containing ate (1) acre for each animal. C The keeping of horses and cows in enclosures as herein provided within the limits of the city shall be under the supervision and control of the proper Saw enforcement official. Should any of the enclosures become harbors for breeding 88 005-19 flies; iosquitoes and rats, or should they become unsanitary, obnoxious, unhealthful and/or discomforting to any of the citizens of the city because of conditions created by keeping of said animals, the proper law enforcement official, upon investigating and finding any such conditions to exist. shall sc-rve written notice on the owners or keepers of the premises as to the conditions thereof by delivering a copy of the notice to the owner or keeper, or by posting same in a conspicuous place on the premises, and if within five (5) days after service of notice said owner or keeper has not con-ected the conditions the city attorney is authorized to institute an action in a Coll]( of competent jurisdiction to abate same as a nuisance. 6.08.02 Homes. boats and sheep. A. JL shall he unla�aful for any person to keep any hogs, goats or sheep within the city or to permit any such animals to run at large within the city; except when ill transit, they may be kept for a period not to exceed twent)y-four hours in an established stockyard and as provided in Section B. B. A permit valid for a period of one year may be issued to keep goats and sheep within the corporate limits of the city «vhere they are maintained on an enclosed pasture containing one (1) acre for each animal and upon fulfilling the requirements herein. Each permit is for one (1) goat or (1) sheep and non -transferable to another animal. 2. An applicant must frll out an application for the permit specifying the name of the applicant, a phone number the applicant may be reached at during the day, the address the animal(s) to be kept, the amount of property owned or kept by the applicant where the animal(s) will be located, the period of time the animals) will be kept on the property, that the property containing the animal(s) is enclosed. and the names and addresses of abutting property owners with wRitten permission from all butting property owners within the city limits of Van Buren. Said application shall be filed with the City Clerk's office. The applicant must submit $5.00 to the clerk upon tendering the application to cover administrative costs associated with issuing the permit. (Ord. No. 14-04, Sec. 1.) 3. The keeping of sheep and goat in enclosures as herein provided within the limits of the city shall be under the supervision and control of the proper law enforcement official. Should any of the enclosures become harbors for breeding flies, mosquitoes, and rats, or should they become unsanitary, obnoxious, unhealthful and/or discomforting to any of the citizens of the city because of conditions created by keeping of said animals, the proper 89 law enforcement official, upon investigating and finding any such conditions to exist, shall serve written notice on the owners or keepers of the premises as to the conditions thereof by delivering a copy of the notice 4. to the owner or keeper, or by posting same in a conspicuous place on the premises, and if within five (5) days after service of notice said owner or keeper has not corrected the conditions, the permit shall be immediately revoked. Said owner or keeper shall not apply for another perm t for a period of one (1) year after said revocation. 5. Said permit shall expire after a period ofone (1) year from its date of issuance. A new permit may be. applied for and issued after thirty (30) days prior to the expiration of a permit wider the guidelines set out herein. (Ord. No. 2000-16, Sec, 1.) 6.08.03 Diseased animals. No person shall be allowed to transport into this city arty animal affected with a contagious disease. 6 OS 04 Releasing animals It shall be unlawful for any person to Imowingly release any animal in any public place within the corporate limits of the city. 6.08.05 Fowl. It shall be unlawfid for any person owning or having control of any chickens, turkeys, or other fowl to allow the same to run at Iarge within the city. b OS 06 Cruelty to animals. If any person shall drive, overload, torture, torment, deprive of necessary sustenance or cruelly beat or needlessly mutilate or kill any animal, he shall be guilty of a misdemeanor. 6.08.07 Wild and exotic animals A. No person shall keep or permit to be kept on his premises any wild, exotic or dangerous attimal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, circuses, veterinary clinic or hospital, or facility for education or scientific purposes, however, such parks, exhibitions and facilities shall use protective devises adequate to prevent such animals from escaping or injuring the public. B. No person shall keep or permit to be kept any wild, exotic or dangerous animal as a pet. � -90- A. Wild, exotic or dangerous animal means any animal which is not commonly domesticated, or which is not native to North America, or which, irrespective of geographical origin, is of a wild or predatory nature, or any other animal which because of its size, growth, propensity, vicious nature or other characteristics, would constitute air unreasonable danger to human life, health or property if not kept, maintained or confined in a safe and secure manner, including those animals which, as a result of their nature or wild condition, cannot be vaccinated effectively for rabies. B. Wild, exotic or dangerous an mats shall include, but not be limited to, alligators and crocodiles, monkeys and other non -human primates, raccoons, skunks, porcupines, wolf, fox, coyote, bears, venomous snakes and lizards, venomous fish and piranha, weasels, wolverines, ferrets, badgers, cheetahs, cougars, leopards, lions, lynx, panthers, mountain lions, tigers, wild cats, bob cats, birds of prey, and fighting cocks and fighting game birds. (Ord. No. 23-94, Sec. 1.) -91- City of Van Buren, .Arkansas :uf oillr�r���;a 111 North 12� Street • Van Buren, Arkansas 72956 PLANNING COMMISSION MEMORANDUM. TO: PLANNING COMMISSION FROM: WALLY BAILEY, PLANNING DIRECTOR SUBJECT: 816 NORTH 7TH STREET — CONDITIONAL USE REQUEST TO DEEP HOGS DATE: MAY 25, 2022 CC: The Van Buren Municipal Code states "It shall be unlawful for an y person to keep any hogs, goats, or sheep within the city without conditional use permit, in an established stockyard and as provided in Section B, and as otherwise provided in this chapter." A copy of Ordinance No. 31-2018 amending the Municipal Code is attached. Lisa Robinson of 816 North 7th street has submitted a conditional use application to keep three (3) miniature Julianne pigs. The application indicates the pigs are kept inside and outside the home. The application also indicates the pigs are for therapy. The conditional use application comes because of a complaint from a neighbor and Code Enforcement notifying Ms. Robinson of the city code requirement. The Ordinance states "The Van Buren Planning Commission shall reference the Natural Resource Conservation Service as a guide when determining he appropriate size of land required for the animals to be kept." When I contacted the NRCS they could no not help with this question. They review more for farms which requires them to meet with the owner and survey the property for many different reasons. They did not have a specific table or chart that is used for hogs. They do not review for therapy animals. We asked the Crawford County Extension Office this same question and they indicated 6 pigs per acre as a standard. Please contact me if you have any questions