5.1. SR 07-19-2010REQUEST FOR ACTION
TO ITEM NUMBER
Ci Council 5.1.
AGENDA SECTION MEETING DATE PREPARED BY
Communi Develo ment ul 19, 2010 Chris Leeseber ,Park Planner-Planner
ITEM DESCRIPTION REVIEWED By
Request by John Fahey for an Amendment to an Existing erem Barnhart, Plannin Mana er
Conditional Use Permit for Animals, Case No. CU 10-14 - REVIEWED BY
Public Hearing
ACTION REQUESTED
Staff and the Planning Commission recommend the City Council approve the Conditional Use Permit
(CUP) request with the following conditions:
1. As a Conditional Use Permit is not a building permit, the applicant shall apply for all
required permits.
2. The commercial kennel shall be limited to fifteen (15) dogs or cats over the age of 6
months. Additional animals will require an amendment to the conditional use permit.
3. No more than ten (10) dogs shall be allowed.
4. Animal waste shall be disposed of per Section 10-9.
5. The applicant shall receive and maintain a commercial kennel license from the city
council
6. All animals must be appropriately licensed and vaccinated.
7. All animals shall be on a six (6) foot or shorter leash when outside of the kennel.
8. No more than two (2) animals per supervisor shall be allowed outside of the kennel.
9. All animal waste shall be cleaned up immediately when animals are off of the subject
property.
10. Applicant shall provide proof of liability insurance in at least the sum of $1 million.
11. No dogs designated as dangerous or potentially dangerous are allowed to be kept at the
kennel and keeping of a dangerous or potentially dangerous dog shall be grounds for
revocation.
12. Outdoor kennel space is to be located at least 250 feet from any principal structure on
neighboring properties.
13. No fenced pasture land shall be used for kennel space under this Conditional Use
Permit.
BACKGROUND/DISCUSSION
In September 2009, the applicant received a CUP (CU 09-18) to operate a commercial kennel. That CUP
allowed for 10 animals over the age of 6 months. The applicant wants to increase the amount to 15
animals, to allow for cats. It should be noted the current approved CUP is not specific to types of
animals.
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PLANNING COMMISSION
The Planning Commission suggested a change to the language to condition 13, allowing the use of the
fenced pasture land for dog training and exercise, but not boarding.
PUBLIC COMMENT
Staff received a written letter of support from a neighboring parcel before the meeting. This letter is
attached. No comments were received during the meeting.
ATTACHMENTS
^ Planning Commission Memo dated July 13, 2010
^ Location Map
^ Applicants Narrative
^ Letter of support
ACt1011 Motion by Second by Vote
Follow Up
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C~~G ;'
REQUEST FOR ACTION
ver
TO ITEM NUMBER
Planning Commission 5.1
AGENDA SECTION MEETING DATE PREPARED BY
Plannin Items July 13, 2010 Chris Leeseberg, Park Planner-Planner
ITEM DESCRIPTION REVIEWED By
Request by John Fahey for an Amendment to an existing Jerem Barnhart, Plannin Mara er
Conditional Use Permit for Anunals, REVIEWED BY
Public Hearing -Case No. CU 10-14
ACTION REQUESTED
Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit
(CUP) request with the following conditions:
1. As a Conditional Use Permit is not a building permit, the applicant shall apply for all
required permits.
2. The commercial kennel shall be limited to fifteen (15) dogs and cats over the age of 6
months. Additional animals will require an amendment to the Conditional Use Permit.
3. No more than ten (10) dogs shall be allowed.
4. Animal waste shall be disposed of per Section 10-9.
5. The applicant shall receive and maintain a commercial kennel license from the city
council.
6. All animals must be appropriately licensed and vaccinated.
7. All animals shall be on a six (6) foot or shorter leash when outside of the kennel.
8. No more than two (2) animals per supervisor shall be allowed outside of the kennel.
9. All animal waste shall be cleaned up immediately when animals are off of the subject
property.
10. Applicant shall provide proof of liability insurance in at least the sum of $1 million.
11. No dogs designated as dangerous or potentially dangerous are allowed to be kept at the
kennel and keeping of a dangerous or potentially dangerous dog shall be grounds for
revocation.
12. Outdoor kennel space is to be located at least 250 feet from any principal structure on
neighboring properties.
13. No fenced pasture land shall be used for the permitted animals under this Conditional
Use Permit.
BACKGROUND/DISCUSSION
In September 2009, the applicant received a CUP (CU 09-18) to operate a commercial kennel. That CUP
allowed for 10 animals over the age of 6 months. The applicant wants to increase the amount to 15
animals, to allow for cats. It should be noted the current approved CUP is not specific to types of
animals.
During the Planning Commissions review of the original CUP on September 15, 2009 the Commission
came to a determination that 15 animals (staff recommendation) was too many and suggested it be
N:\Departments\CommunityDevelopment\Plannin~\Case Files\CUP\CU 10-14 Fahey\CCJ 10-14 PCdoc
lowered to 10. The main reason for this was due to possible level of noise from barking dogs. The City
Council agreed with that determination and approved the CUP with a limit of 10 animals.
Staff is again recommending that the maximum animals be 15, but limiting it 10 dogs to maintain the
desire to keep the possible level of noise from barking dogs down.
Staff has is unaware of any complaints from the current Conditional Use Permit.
Horses
The applicant occasionally has horses on their property and they are kept in an area approximately half of
the size of property, which is fenced. Horses are a permitted use and do not require a CUP in this zoning
district on a property this size so they are not part of this request.
ATTACHMENTS
^ Location Map
^ Applicants Narrative
ACtio11 Motion by Second by Vote
Follow Up
N:\Departments\Community Development\Planning\Case Files\CUP\CU 10-14 Fahey\CU 10-14_PC.doc
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Kennel Permit Amendment Narrative
We are asking to increase our allowed animal number from 10 to 15, to allow for cats
(we were under the wrong impression after the meetings last year, that the count was for
dogs only), but would ask that Horses be excluded from that count.
I have spoken to four of our Neighbors (three of which are within the 350 feet from our
property lines) asking if there are any problems or concerns with our dogs that we should
be working on, none of which stated any problems or concerns. I have included some of
their E-mails.
Also, on our currant C.U.P. there is a requirement for us to build a structure for the
purpose of housing our dogs outside of our home. We'd like to remove that requirement,
due to the fact that we house our animals (dogs) within our home and have no desire to
house (kennel) them outside.
Sincerely,
John D. Fahey
Page 1 of 1
Barnhart, Jeremy
From: Sheila Heiss~
Sent: Tuesday, July 13, 2010 11:32 AM
To: Barnhart, Jeremy
Subject: RE: John and Kim petition
r. Barnhart,
y name is Sheila ails and will he eainc~ for my entire family on behalf of
our neighbors Sohn and Kim.
Thank you;
Sheila Hells
9641 21th Avenue 1~f
Ili l~.iver, Ml. 5530
07/ 15/2010
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
In the matter of: John Fahey
Request: Conditional Use Permit for Commercial Kennel
Case No. CU 10-14
John Fahey and Melissa Phillips, Owners
CONDITIONAL USE
PROCEEDINGS
ORDER GRANTING
CONDITIONAL USE
The above entitled matter came to be heard before the City Council on the 19~ day of July,
2010, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for
the following described property:
The North 331.23 feet of the Northeast Quarter of the Northeast Quarter, except
Parcel 5, Sherburne County Right-of--Way Plat No. 22. Subject to part taken for 213tH
Avenue NW over and across the North 33 feet thereof. Also subject to that part taken
for CSAH No. 13 along the East line thereof, Section 13, Township 33, Range 26,
Sherburne County, Minnesota
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons:
1. As a Conditional Use Permit is not a building permit, the applicant shall apply for
all require permits.
2. The commercial kennel shall be limited to fifteen (15) dogs or cats over the age of
6 months. Additional animals will require an amendment to the conditional use
permit.
CITY OF ELK RIVER CITY COUNCIL
3. No more than ten (10) dogs shall be allowed.
4. Animal waste shall be disposed of per Section 10-9.
5. The applicant shall receive and maintain a commercial kennel license from the
city council.
6. All animals must be appropriately licensed and vaccinated.
7. All animals shall be on a six (6) foot or shorter leash when outside of the kennel.
8. No more than two (2) animals per supervisor shall be allowed outside of the
kennel.
9. All animal waste shall be cleaned up immediately when animals are off of the
subject property.
10. Applicant shall provide proof of liability insurance in at least the sum of $1
million.
11. No dogs designated as dangerous or potentially dangerous are allowed to be kept
at the kennel and keeping of a dangerous or potentially dangerous dog shall be
grounds for revocation.
12. Outdoor kennel space is to be located at least 250 feet from any principal
structure on neighboring properties.
13. No fenced pasture land shall be used for kennel space under this Conditional Use
Permit.
DATED this 19th day of July, 2010.
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STATE OF MINNESOTA )
COUNTY OF SHERBURNE) ss.
OFFICE OF CITY PLANNING
AND ZONING
ELK RIVER
CITY OF ELK RIVER
I, Jeremy Barnhart, Planning Manager for the Ciry of Elk River with and in for said City, do
hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with
the original record thereof preserved in my office, and have found the same to be a true transcript of
the whole thereof.
If the proposed work described in a conditional use permit has not been substantially
completed within two (2) years after its date of issuance, the permit shall expire and become void
except that the Council may, following recommendations of the Planning Commission, extend the
permit for an additional period determined by the council on the receipt of a request for a permit
extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the
permit and shall expire if, for any reason, the authorized use ceases for more than six (6) months.
Jeremy Barnhart
Planning Manager
IN TESTIMONY WHEREOF,
Minnesota, in the County of Sherburne,
2009.
I have hereunto subscribed my hand at Elk River,
in the City of Elk River, on the day of
DRAFTED BY:
Ciry of Elk River
Elk River, Minnesota 55330
Signed before me a NOTARY PUBLIC
this day of
2009.
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