5.2 PCSR 04-10-2012REQUEST FOR ACTION
TO ITEM NUMBER
Plannin Commission 5.2
AGENDA SECTION MEETING DATE PREPARED BY
Plannin Items A ri110, 2012 Chris Leeseber ,Park Planner-Planner
ITEM DESCRIPTION REVIEWED By
Request by Tim Peterson fox Conditional Use Permit for Private erern Barnhart, Plannin Mana ex
Kennel, 11760 193rd Ave NW, Case No. CU 12-05 -Public REVIEWED BY
Hearing
ACTION REQUESTED
Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit
(CUP) request to have a private kennel with the following conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
require permits.
2. The private kennel shall be limited to five (5) animals over the age of 6 months.
Additional animals will require an amendment to the Conditional Use Permit.
3. Animal waste shall be disposed of per Section 10-9.
4. The applicant shall receive a private kennel license from the City.
5. All animals must be licensed and vaccinated.
6. All animals shall be on a six (6) foot or shorter leash when outside of the kennel.
7. No more than two (2) .animals per supervisor shall be allowed outside of the kennel.
8. All dog waste shall be cleaned up immediately when dogs are off of the subject property.
9. 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.
BACKGROUND/DISCUSSION
The applicant is requesting a CUP to allow five dogs to be at his residence. The ordinance requires a
private kennel license and CUP if there are more than three dogs over the age of six months.
Three of the dogs are registered Rottweiler's and are registered therapy dogs through "Therapy Dog
International." They visit hospitals, nursing homes, and do other special visits to work with individuals.
The two other dogs are registered French Bulldogs and are in training to become therapy dogs.
The subject property is .25 acres in size and the backyard is fenced in with chain link fencing. The
property is surrounded by single family residents to the west, north, and east. Directly to the south is a
multiple family residential development.
The applicant has received nine number letters of support of his request with four of these letters from
neighbors adjacent to the subject property. All the letters indicated that they have never had issues with
applicant's dogs.
-tarr~~~~ ~t
N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-05 Peterson Private Kennel\CU 12-
OS_PC.docx
APPLICABLE REGULATIONS
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. lYlill not endanger, injure or detrimentally a~ect the use and enjoyment of otherproperty in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
city.
2. bill be consistent avith the comprehensive plan.
3. 1Vill not impede the normal and orderly development and improvement of surrounding vacantproperty.
4. Weill be served adequately by and will not adversely a~ect essential public facilities and services including.
streets, police and fireprotection, drainage, refuse disposal, water and sewer systems, parks and schools; and
will not, in particular, create tra~ic congestion or interference ~arith traf~ic on adjacent and neighboring public
thoroughfares.
S. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons orproperty because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations
6. 1~ill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Will fully comply avith all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license orpermit to establish and operate the proposed use in the city.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in Section
30-654.
In the review of the standards for CUP as outlined, it appears that the request is consistent with all of
these standards.
ATTACHMENTS
^ Location Map
^ Applicants Narrative
^ Nine Letters of Support from Neighbors
^ Images of Dogs
^ Images of the Property
Action Motion by Second by Vote
FOllow Up
N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-05 Peterson Private Kennel\CU 12-OS_PC.docx
N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-OS Peterson Private Kennel\Location Map.dwg, 3/29/2012 9:28:04 AM
February 23, 2012
Elk River City Council
Planning Manager /Jeremy Barnhart, AICP
City Offices
Elk River, MN 55330
Mr. Barnhart,
This letter explains my request for the City of Elk River to grant me a conditional use
permit. I live at 11760 193rd Ave. N. W. Elk River, MN. I have 5 dogs that live with me
and I am asking for the conditional use permit to allow me to have them. Three of my
dogs are registered therapy dogs through "Therapy Dog International", these dogs are
registered Rottweilers. They visit hospitals, nursing homes and other special visits to
work with individuals. I have been involved.with Therapy Dog International for 15
years. I myself am a certified evaluator for Therapy Dog International. I have
evaluated and tested over 3,000 dogs from Minnesota to Anchorage, Alaska. My other
two dogs are registered French Bulldogs. These two dogs are in training to become
therapy dogs. I use my dogs as therapy dogs, companions, AKC competition dogs in
(obedience, confirmation, sheep herding and carting). All of my dogs are very will
socialized. I have 4 grandchildren that interact with my dogs on a regular basis. I have
attached several pictures of my dogs in their normal life and therapy activities.
Myself, I am a licensed American Kennel Club judge for. AKC dog shows, a certified
Canine Good Citizen Evaluator through the American Kennel Club and a certified
evaluator for Therapy Dog International. My occupation is the Vice President of
Operations for OSHA Environmental Compliance Systems, Inc.; we are an industrial
safety consulting organization. I have been with OECS, Inc. for 18 years.
My goal with dogs is to continue to work with organizations and individuals providing
them the service of dog companionship and therapy. Therapy dogs were used during the
days and months following the 911 disaster. They are important to the public and very
important to me. My French Bulldogs are really my buddies and will be great therapy
dogs in the future.
I am a responsible dog owner. I do not let my dogs out to run withp~myself or a
member of my family out with them. My dogs are always in my fenced yard when
running free. If I take them outside my yard they are always on a leash. All my dogs are
current on their vaccinations "Therapy Dog International" requires this. They receive
annual health checks by my vet "All Pets" in Zimmerman, Minnesota. I do not take
short cuts with my dogs care, health or training.
In closing I am asking your office to grant me a conditional land use permit for all the
reasons I gave above. If you have any questions please call or email. I have also
enclosed photos of my property.
-~' ~T
2-23-12
To Whom It May Concern:
I have lived at 11788 193rd Ave. NW since 2003. In this time, I am aware that my
neighbor Tim Peterson has a few dogs. I don't know how many dogs,. but his dogs have
never been a problem for me. In fact there are several people in our neighborhood who
do have dogs who are excessively noisy, do not respect the boundaries of yards, and are
just plain annoying to live around. Tim's dogs are not like this. Tim takes very good
care of his property, keeps his dogs on his property, and has not given me a single reason
to complain in the 9 years I have lived near him. (Tim's backyard and mine are about
100' apart) Feel free to call with questions.
Sincerely,
~..,..-
Troy Day
11788 193rd Ave NW
Elk River, MN 55330
(763) 267-7872
City of Elk River
We live across the street from Tim Peterson. We have never had any
problems with his dogs. When he moved in he had been there for six months
before we even knew he had dogs. The only time we have heard them is
when there was a litter of puppies in the front yard being played with. They
are very well behaved dogs. We personally don't have a problem with Tim
and his dogs.
Tim and Brenda Johnson
11751 193rd Ave.
P.O.Box 205
Elk River,Mn
February 22"d, 2012
To the City of Elk River,
This letter is to inform you that we fully support our next door neighbor, Tim
Peterson, in his attempt to have a conditional use permit for having more than the
allotted number of dogs with in the .City of Elk River, at his residence. Tim's dogs have
always been kept either on a leash, within the confines of his home, or fenced in his
backyard. Our entire family, including our children (4 & 12 year old sons), have played
with all his dogs, Rottweilers and other breeds, on multiple occasions. They are show
dogs, therapy dogs and family pets, which is all obvious by their constant good
behavior.
Thanks and feel free to contact us if you have any questions or concerns-
Brian Altringer & Melanie Waite-Altringer (neighbor's of Tim Peterson for MANY years)
11748 193rd Ave NW
Elk River, MN 55330
Abby Kittelson & Eric Kusch
11774193`d Ave NW
Elk River, MN 55330
February 22, 2012
The City of Elk River,
It was brought to our attention that there has been a complaint in regards to our
neighbor's dogs. We just wanted to inform you that since moving to the neighborhood we have
encountered absolutely no issues with his dogs. Tim is an excellent dog owner and since day
one has taken the appropriate actions to assure his dogs do not bother anyone in the area. Our
family is not bothered by his dogs in the slightest. In our hunt to purchase a new house, barking
dogs were a concern to our family, but we couldn't be any happier with how he handles his
responsibility as a dog owner.
Thank you,
Abby Kittelson & Eric Kusch
~!: ~~
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February 23, 1 Ol 2
14051 55t" St N E
Saint Michael, MN 55376
City of Elk River:
I am writing this letter to you to recommend that Tim Peterson
receive special considerations to have more than 3 dogs
living at his residence in Elk River.
I have known Tim for over 20 years. I am also a Canine Good
Citizen, STAR Puppy and Therapy Dogs International
evaluator. Tim and I have worked closely since 2002
evaluating dogs for these certifications.
All of Tim's dogs are certified working therapy dogs, which
mean he is actively visiting with his dogs at facilities..
This is such an important job and Tim has done a wonderful
job making days brighter for .many adults and children with his
dogs.
Please consider special permission for Tim to have over 3
dogs.
Thank you for your time.
Sincerely,
Pat Kinch
~~-y} 9iovl~
763-497-5809
~l~
February 22"d, 2012
City of Elk River
Attn: Animal Licensing/Permits
13065 Orono Parkway
Elk River, MN 55330
Dear City Administration & Council Members:
It has. come to my attention that Tim Peterson, along-time resident of Elk River is applying for a
conditional use permit. According to the city laws this is for residents that keep more than 3 animals.
One of the dogs that reside with Tim is co-owned by me and other individuals. I am not sure how this
could affect him even needing a permit as the dog is there on occasion (not full-time residency).
With regards to Tim's character and level of dog ownership responsibility; (hold it in the highest
regard. Tim is actively involved in several dog clubs promoting training and responsible ownership.
The clubs (to name a few) are Northstar Rottweiler Club, Therapy Dogs International, MN Purebred
Dog Breeders Association and The American Rottweiler Club. Tim is ever-present at my dog training
fility teaching classes and testing dogs and their owners to become certified therapy dogs.
I'd urge you to look at Tim's length of residence, his good standing within the city with his dogs and
his services to other dog owners and organizations. I have known Tim for over 15 years and .his merit
in the dog world is well-renowned.
Should you have any questions, .require further credentials or references for me or Tim Peterson do
not hesitate to contact me. Thank you for your kind consideration.
Sincer,
Tiffany Huebner, owner
Dogue Spot, Inc.
5600 Queens Ave NE
Suite 200
Otsego, MN 55330
tiffanyCc~doguespot.com
763-425-7768
2/23/2012
To Whom It May Concern:
I recently learned that Tim Peterson, who lives at ii~6o 193rd Ave NW in Elk River, is applying for a Kennel
License with your City, and I wanted to write a letter on his behalf.
I have known Mr. Peterson for approximately 9 years. Throughout that time, I have found him to be responsible,
compassionate, considerate, hardworking, respectful, and truly an upstanding citizen. A lot of our interaction has
been centered around animal events, and I have seen all of Mr. Peterson's dogs at various times. I can confidently
say that he takes excellent care of them. His dogs are .clean, well behaved, socialized, and obedience trained.
Many, if not all, have their. therapy dog certification allowing them to go into schools and nursing homes to
interact and assist with the students and residents. Mr. Peterson regularly socializes his dogs and attends weekly
training classes with them.
Mr. Peterson is also very involved in, and a huge asset to, all aspects of the dog world. He has held many various
board positions within numerous dog clubs., he has trained and shown several dogs in obedience, herding,
conformation, and carting, he is a Certified Therapy Dog Tester, and he is currently training to become an AKC
certified judge.
As a Police Officer in the metro area, I absolutely understand the need for cities to regulate how many animals a
person owns. However, I also believe that there should be exceptions for those people that have shown that they
are capable of handling and caring for more than the allotted amount. I believe that Mr. Peterson is definitely one
of those people. I would have no reservations about having him as a neighbor, or of him living in the City for.
which I patrol, knowing the level of care and conscientiousnessthat he puts into his animals and the consideration
he has for those around him.
All that being said, I urge you to approve. Mr. Peterson's Kennel License. He is a knowledgeable dog owner and a
respectful citizen that is capable of handling the rules and responsibilities that come with having that license.
Feel free to contact me if you have any questions or if you would like to speak to me further.
Sincerely,
Rachel A. Meehan
11613 Both Street NE
Albertville, MN 55301
#~63-300-7383
~t~ce~~i~acllc~l.~.gmail,coui
Apr, 6, ZUIZ 6;hUNIVI
Iuo, ~~~L r, L
April 1, 2012
City of Elk River
Re: Tim Peterson/Private Kennel Request
To Whom It May Concern:
RECEIVED
APR 062012
8Y~
My name is Sharon Gall.' I am writing to share my experience of living next to Tim Peterson and his dogs.
I was the previous owner of 19246 Freeport Court from 1999 to 2010. In 2004, Tim Peterson, moved in.
His dogs never caused a problem in the 6 years of him being neighbors with me. Tim has a secure fence
for them and a kennel. I neverfelt threatened by his dogs, nor did I fear the safety of my grandson
when he was over. Tim kept the yard looking neat and clean at all times. He was out in the yard twice a
day cleaning up fecal matter. The dogs were never outside for long periods of time. He spent several
hours training them, which it showed, through the dogs not barking an overabundance when they were
outside. They were never a disturbance to meat any time.
If you have any further questions, please feel free to contact me at 612-741-0760.
Sincerely,
Sharon M_ Gall
Leeseberg, Chris
From: Barnhart, Jeremy
Sent: Monday, April 02, 2012 3:25 PM
To: Leeseberg, Chris
Subject: FW: Tim Peterson -
FYI
Jeremy Barnhart, AICP (Planning Manager
763.635.1034 w ~ 763.635.1090 f
13065 Orono Parkway ~ Elk River (MN ~ 55330
~~
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From: Dennis and Gwen jmailto:dennishaus aC~charter.netl
Sent: Monday, April 02, 2012 3:20 PM
To: Barnhart, Jeremy '
Subject: Tim Peterson -
I am writing to support a request for Tim Peterson for a Conditional Use Permit for a private
kennel, at 11760193rd Ave NW, Elk River -Case No 12-05.
We live at 19342 King Circle, Elk River and have been Tim's neighbor since he's moved. to his
home. We have never had an issue with Tim or his dogs and know that Tim takes good care of
them and is very committed to raising them to be good, obedient and quiet dogs.
We hope that Tim is able to receive his Permit and continue with raising his dogs.
Gwen and Dennis Haus
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April 5, 2012
City of Elk River
Attn: Jeremy Barnhart, Planning Manager
13065 Orono Parkway
Elk River, MN 55330
Dear Mr. Barnhart,
We recently received a letter from the city stating that there would be a public hearing on
Tuesday, April 10, 2012 at City Hall to consider a Conditional Use Permit for a private kennel
which was requested by Tim Peterson of 11760 193~d Avenue NW, Case No. CU 12-05.
Tim and my family have been neighbors far many years. He has been an exemplary neighbor.
We have never had any issues with any of his pets (dogs). They are well contained within a
fenced yard. They are not annoying, nor do they bark incessantly. The only time we ever see
them is when he is working with them to train for shows, etc.
My family and I have no issues whatsoever in allowing this Conditional Use Permit. Please
consider issuing the permit and allowing Tim to continue to enjoy his pets and hobby.
Sincerely,
~ ~- .
~"' ~..
i'~
ill C ndiff, ~`
19 1 Kin Circle
Elk River, ~N 55330
Elk River Planning Commission
and City Council
The request for a private kennel permit at 11760193th Ave. N.W, case No.
CU 12-05, should not be allowed in a residential neighborhood. He has had
a illegal kennel for many years and we have had nothing but problems.
Dogs barking at all hours, morning, noon & night. They bark at us anytime
we are outside or walking up our driveway. We have contacted the Police
Department and nothing is done about it. I feel sorry for the residents
whose yards are next to the subject property. We have observed up to
nine dogs at a time in that yard. The kennel belongs out in the country, not
in a populated residential neighborhood.
r~~ ~ ~~~ e
~~~ --~
Dale & Shirley Halberg
19240 Freeport CT. NW
Elk River, MN 55330
1