6.3. SR 02-17-1998£ity of
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FROM:
DATE:
MEMORANDUM
Item # 6.3.
Mayor and City Council
Scott Harlicker, Planning Assistan~
February 17, 1998
SUBJECT:
Request by Jodi & Sean Ladd for
Conditional Use Permit -
Commercial Kennel, Public Hearing
Case No. CU 97-31
Request
Consider a request by Jodi and Sean Ladd for a conditional use permit for a
commercial kennel.
Location
The property is located at 1163 219th Avenue, the northeast corner of 219th
and Highway 169
Zoning/Land Use
A1 (Agricultural Conservation) /A (Agricultural)
Attachments
Location map
· Site plan
· Letter from applicant
Overview
The applicants, the Ladds, are proposing to convert a portion of an existing
pole barn into a commercial kennel. They will have the capacity to house 20
animals. The property is about 15 acres and includes the pole barn, a corral
and the applicant's house with an attached garage. The surrounding
properties are zoned A1 with access to the site from 219th , which is a private
road. There are separate driveways for the house and the barn.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City Councili/CU 97-31
February 17, 1998
Page 2
The kennel will be used to board dogs. It will consist of 20 pens. Eighteen
pens will have an inside area of 4' x 6' and an outdoor yard area that is 4' x
12'. Two pens will be slightly larger with inside areas that are 8' x 6' and
yards areas that are 10' x 10'. There will also be an office area. There is room
for expansion; however, the applicant has not indicated any plans for
expansion at this time. The kennel will be serviced by a separate septic
system and animal waste will be hauled away by a commercial refuse hauler.
The kennel will have a separate driveway. Parking should be adequate; 6
parking spaces are proposed including one handicapped space. The parking
area and driveway should be paved and striped.
The applicant is proposing a wind break on the northwest side of the kennel
to consist of either a stockade fence, pine trees or a combination of both.
There are mature trees located on the property between the house and the
kennel.
The three closest residences are located about 1500 feet to the north, 1900
feet to the east and on the west side of Highway 169 about 900 feet away.
The applicant will be living on the property so the dogs will not be left alone.
According to Section 502.36 of the City Ordinance, commercial kennels are
also required to be licensed by the city. This license must be renewed
annually. The maintenance of kennels are also subject to the standards found
in Section 502.38 of the City Ordinance.
Planning Commission Meeting
At the January 27, 1998 Planning Commission meeting 2 people spoke at the
public hearing. The neighbors to the north and east were concerned about
noise. The applicants explained that the dogs would only be outside when
someone was home, and since they live on the property, they do not want to
listen to dogs barking either.
Recommendation
The Planning Commission and staff recommend the City Council approve
this request for a conditional use permit to allow a commercial kennel with
the following conditions:
1. THE PARKING AND DRIVEWAY BE PAVED AND STRIPED.
2. THE APPLICANT SHALL COMPLY WITH SECTION 502.36 AND 502.38 OF THE CITY
ORDINANCE WHICH REGULATES KENNEL PERMITS AND KENNEL CONDITIONS.
\\elkriver\sys\shrdoc\planning\scott\cu973 Icc.doc
Memo to Mayor and City Councili/CU 97-31
February 17, 1998
Page 3
3. THE SEPTIC SYSTEM FOR THE KENNEL BE INSTALLED PRIOR TO THE ISSUANCE OF A
CERTIFICATE OF OCCUPANCY.
4. THE SITE PLAN BE AMENDED TO SHOW A DUMPSTER ENCLOSURE WITH A GATE.
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Item 6.3.a.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Sandra Thackeray, City Clerk
February 17, 1998
Commercial Kennel License
Jodi Lee Bastyr Ladd has made application for a commercial kennel license
to be located at 11631 219th Ave NW. The commercial kennel will be used to
board up to 20 dogs. Prior to this agenda item, the Council reviewed a
request by Ms. Bastyr Ladd for a conditional use permit for this same issue.
If the CUP is approved by Council, staff recommends that the commercial
kennel license also be approved.
Kennels are inspected by the Animal Control Officer on a yearly basis prior
to renewal of the license. This ensures that the applicant is meeting the
requirements of the conditional use permit and the conditions of the
ordinance relating to commercial kennels.
ACTION REQUESTED
If the conditional use permit is approved, it is requested that the Council
move to approve the commercial kennel for Jodi Lee Bastyr Ladd at 11631
219th Ave NW.
\\elkriver\sys\shrdoc\council\kennel.doc
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
duplicate to be furnished to the City Administrator, and the
triplicate to be retained by the pound keeper.
2. If at the end of five (5) days after said impounding, the
animal has not been redeemed, it may be sold at private sale, or
the keeper of the pound may dispose of the animal in a humane
manner or pursuant to the terms of Minnesota Statutes, Section
35.71.
502.32 - POSSESSION OF NUISANCE ANIMALS
No person shall keep, own, harbor, or otherwise possess within the
City an animal which is a public nuisance animal as defined in
Section 502.00.
502.34 - ANIMALS DISTURBING THE PEACE
It shall be unlawful for any person to own, keep, have in his
possession, or harbor any animal which by frequent and habitual
howling, yelping, barking or otherwise, shall cause serious
annoyance or disturbance to persons or to the neighborhood;
provided, however, that the provisions of this ordinance shall not
apply to duly authorized hospitals or clinics established and
operating for the treatment of small animals. No person shall be
convicted under the provisions of this ordinance except upon the
evidence from fifty percent (50%) of the adult residents living
within five hundred (500) feet of the residence of the animal
complained of or from four (4) persons each of a different
household, whichever is less, and no warrant shall be issued
except after written notice has been mailed or delivered to the
occupant of the premises where such animal is kept or harbored
advising that a complaint has been made about the animal and
calling attention to the provisions of this ordinance.
502.36 ~ PERMITS FOR COMMERCIAL AND PRIVATE KENNELS
1. No person shall own, harbor, or keep upon his premises more
than three (3)dogs or cats over the age of six (6) months unless
in a commercial or private kennel duly permitted under this
section. If the premises is ten (10) acres or more, said person
may own, keep, or harbor up to ten (10) cats over the age of six
(6) months as long as they have been spayed, neutered, and
documentation to that fact is provided.
2. No person shall operate a commercial or private kennel in
this City without first obtaining a permit. Application for such
permit shall be made to the City Administrator and shall be
accompanied by the permit fee.
5.13
3. Commercial and private kennel permits shall be issued on an
annual basis, expiring on December 31 following the first
effective day of the kennel permit. The commercial kennel permit
fee shall be the amount per year or fraction thereof as set by the
Council from time to time.
4. Commercial and private kennels shall be kept in a clean and
healthful condition at all times and shall be open for inspection
by duly authorized City authorities at any reasonable time. A
commercial or private kennel permit may be revoked by the Council
by reason of the violation of this ordinance or any health or
nuisance order, laws, or regulations.
MAINTENANCE OF PRIVATE KENNELS AND COMMERCIAL DOC
KENNELS.
1. Private and commercial kennel facilities shall be
structurally sound and maintained in good repair. Indoor housing
facilities should be adequately ventilated and have ample light
and heat, either natural or artificial.
2. Animals kept outside shall be provided with access to shelter
to protect them from the sun, rain, and snow, together with
adequate bedding when the temperature falls below 50 degrees.
3. If animals are confined by chains, such chains shall be so
attached that they cannot become entangled with the chains of
other animals or any other objects. Chains shall be of a size
commonly used for the size of animals involved and shall be
attached to the animal by means of a well-fitted collar. Such
chains shall be at least three times the length of the animal as
measured from the tip of its nose to the base of its tail.
4. Enclosure shall be of sufficient size to allow each animal to
turn around fully and stand, sit, and lie in a comfortable normal
position. The floors of the enclosure shall be constructed so as
to prevent injury to the animal's legs and feet.
5. The temperature for indoor housing facilities shall not be
allowed to fall below 50 degrees Fahrenheit for animals not
accustomed to lower temperatures.
6. Disposal facilities shall be provided to minimize vermin,
infestation, odors and disease hazards.
7. Adequate storage and refrigeration shall be provided to
protect food supplies against contamination and deterioration.'
5.14