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City, property owner unable to come to agreement regarding miniature donkeys
By Kenny Green, kgreen@starlocalnews.com
The Mesquite City Council voted by a 3-4 vote to not allow the breeding of miniature donkeys after a lengthy debate during which the property owner and council members voiced their concerns over several issues within the proposed ordinance agreements.
Lonnie Crane applied for the zoning change to allow the operation of a donkey breeding business on property he owns at 1007 Rodeo Center Drive. The property currently has 11 donkeys and one horse, which are permitted by right based on the property's R3 zoning.
The city council had some concerns on Jan. 7 about the rezoning and asked the city staff to rework the ordinance to address the issues. Council members were concerned about the impact an agricultural property tax exemption, if sought by Crane, would have on future development of the property. Several members of the council worried that developers would be turned away due to roll-back taxes, which would be due if the property use was to become anything other than agricultural.
The city also added a provision that the permit would have to be renewed after two years. The new draft was intended to address the council's concerns about the possibility of an agricultural exemption creating a hindrance for future development of the property.
"When we postponed this we were trying to work through some rough details to make it pleasing for both you and the city," said Councilman Dennis Tarpley.
Crane did not like the latest version of the ordinance, as he said it forced him to give up his right to seek an agricultural exemption. He stated that the city would not ask a person to voluntarily give up their homestead exemption so they shouldn't ask him to give up his right for an agricultural exemption.
"We are not accepting the city council's proposal. There is no way I can sign away my legal rights to something that is given to me by right," Crane said.
He added that the rollback taxes would not hinder redevelopment of the property in the future, as it could be worked into the purchase agreement for the property. Crane said that the biggest hindrance of future redevelopment on the property would be drainage issues and the size and age of some of the trees.
Councilman Greg Noschese addressed the issue with Crane from the dais. He told Crane that the council and city staff worked to try and reach a compromise to allow him to operate his business and to protect the interest of the city.
"I get a sense that you are not happy with the staff recommendation," Noschese said.
Noschese asked Crane if there was anything in the proposed ordinance that would prevent him from operating the business as he wanted. Crane said that there was not anything in the ordinance that would prohibit him from operating the miniature donkey breeding business.
Noschese made a motion to pass the latest version of the ordinance drafted by the city staff. The motion was seconded by Councilman Bill Porter but failed by a 3-4 vote.
After the latest draft of the ordinance failed, Mayor Pro tem Stan Pickett made a motion to approve the original staff ordinance, which was presented at the Jan. 7 council meeting, but it failed due to a lack of a second. No other council member made a motion to approve or deny any of the drafts of the ordinance, which led Mayor John Monaco to announce the rezoning would be automatically denied due to a lack of motion from the council.
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