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6.3. SR 08-17-1998ity of Item #6.3. River MEMORANDUM Mayor and City Council FROM: Stephen Wensman, Planner DATE: August 17, 1998 SUBJECT: Request by Howard and Linda Abel for a Conditional Use Permit, Public Hearing Case No. CU 98-19 Request Consider a request by Howard and Linda Abel for a conditional use permit to operate a private kennel out of there home. Location 21031 Elk Lake Road (County Road 1), Elk River, MN. Section 17, Township 33, Range 26. Zoning/Land Use Rla (Single Family Residential) / LR (Low Density Residential) Attachments Location map Site plans · Letter from applicant · July 28, 1998 Planning Commission minutes Overview The Abels have a purchase agreement to buy the subject property and intend to kennel their six dogs on the premises, which requires a conditional use permit in the Rla zone. Howard and Linda Abel have six Boxers which they raise as show dogs. According to the applicants, the dogs are their pets and the kennel is to be used for hobby purposes, rather than commercial. The Abel's occasionally breed there dogs (three times in ten years) and in the past, the puppies were sold prior to breeding and there has been no need to advertise their sale. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to Planning Commission/CU 98-19 July 28, 1998 Page 2 Facilities The applicant shall be providing 5 indoor (4' x 6') / outdoor (6' x 12') kennels with a concrete slab behind their detached garage. The dogs will have access to indoor heated and cooled kennels in the garage. The kennel area is buffered from the neighbors by roughly 50 feet of natural vegetation and is about 100 feet from the nearest neighbor (measured off aerial photo). Linda Abel runs a business out of her home and will be nearby to monitor the dogs. Kennel Permits Kennel permits are issued on an annual basis, expiring on December 31st following the first effective day of the kennel permit. Kennels are open to inspection by duly authorized City authorities at any reasonable time. A permit may be revoked by the Council by reason of the violation of City ordinance, health, nuisance order, laws or regulations. Planning Commission At the July 28th Planning Commission public hearing six neighbors voiced opposition to the private kennel primarily concerned about noise. Planning Commissioner Mesich stated that private kennels are permitted and the permits are reviewed yearly prior to reissue and that if there are any problems the permits can be revoked. Also, Commissioner Mesich spoke to the community service officer from Crystal and found that their were no complaints regarding the applicants dogs. Recommendation It is recommended that the City Council approve the conditional use permit for Howard and Linda Abel to operate a private kennel out of there home with the following conditions: 1. THAT THERE BE NO ON-SITE COMMERCIAL ACTIVITIES. 2. THAT THE PRIVATE KENNEL BE LIMITED TO SIX DOGS. 3. THAT ANIMAL WASTE BE DISPOSED OF PROPERLY. 4. THAT THE DOGS BE CONFINED TO THE GARAGE INDOOR KENNEL AREA IN THE EVENINGS. 5. THATTHE GARAGE BE FULLYINSULATED. s:\planning\stevewen\ccmmo\cu98-19c.doc Memo to Planning Commission/CU 98-19 July 28, 1998 Page 3 6. THAT THE APPLICANT RECEIVE A KENNEL PERMIT FROM THE CITY COUNCIL. s:\planning\stevewen\ccmmo\cu98-19c.doc , , ! __ __~ LOCATION City of ZONING · MAP CASE: 3065 Orono Parkway · P.O. Box 490 Elk River, MN 55330 .N To: From: Subject: Date: City of Elk River, Planning Commission Howard (Skip) and Linda Abel Information Pertinent to Conditional Use Permit Application June 28, 1998 We have signed an agreement to purchase the home at 21031 Elk Lake Road ,Elk River, MN, our tentative closing date is at the end of September, 1998. We are applying to the city for a "Hobby Kennel" permit. We are not applying for a commercial type of Boarding Kennel license. We raise and show high quality Boxers, some of our dogs in the past have been nationally ranked, all have achieved their AKC Champion titles. We do not breed often, in the past 10 years we have had only 3 litters, our puppies are usually sold before a breeding takes place and we have never advertised our puppies for sale in a newspaper. We are members of the American Boxer Club and the Minnesota Boxer Club. ! have judged a number of different breeds for various dog clubs' puppy sweepstakes (a type of practice dog show for young dogs). We travel to dog shows frequently and take our dogs, consequently there would be no dogs on the property many weekends during the year. We are responsible dog owners, our dogs are never left to run. Linda's office is in the house so she would be at home most of the time to supervise the dogs if necessary. We propose to pour a concrete slab behind the detached garage as a kennel floor and construct 5 indoor/outdoor kennel runs, each kennel run would be 6' wide by 12' long. The kennel runs to be constructed of commercial type of kennel fencing. We will also put 2 way dog doors into the garage (kennel) with accompanying kennels inside the building, the inside kennel runs would be approximately 4' wide by 6' long. The building is heated and we will also install an air conditioning unit, the dogs will usually spend the night inside the house however. Between the proposed kennel and the neighboring home there is a natural screen/barrier of trees, shrubs and bushes. We have never had any problems or complaints from our present neighbors regarding our dogs, we clean up after them and ensure that any excessive barking is promptly dealt with. We presently have 6 dogs, however one will be campaigned on the national show circuit next year and will be gone for that time. We thank you for your consideration. Planning Commission Minutes July 28, 1998 Page 5 10. OUTLOT A BE CCII~ABINED WLTJ-I THE AD~T PARCEL TO THE SOUTH 5.6. Request by Howard & Linda Abel for Conditional Use Permit for Kennel, Public Hearing Case No. CU 98-19 Staff report by Steve Wensman, Planner. Howard and Linda Abel have requested a conditional use permit to operate a private kennel at the home they plan to purchase at 21031 Elk Lake Road. Steve explained that there is a vegetative buffer separating the proposed kennel from the adjoining residence and estimated that the nearest residence is approximately 400 feet from the kennel site. Staff recommends approval of the request based on the conditions outlined in the staff report. Chair Mesich opened the public hearing. Greg Mills, 21133 Elk Lake Road, stated his bedroom window would be only about 50 feet from the kennels. He expressed his concern that the noise from barking dogs would be a concern and stated he opposed the request. He indicated he would have no recourse if problems arose after approval of the permit. Howard (Skip) Abel, applicant, indicated he and his wife have been showing boxers for approximately 10 years and have only had 3 litters. He stated he currently lives in a city and has not had a problem with dogs barking. Jeff Lamm, 21160 Elk Lake Road, questioned whether or not it would be poor planning to have a dog kennel abutting the Windsor Woods development. Mr. Lamm indicated he owns 50 acres across from the subject property. Mr. Mills stated he was approached by the Abel's realtor and asked how he felt about dogs, but he was not told they intended to operate a kennel. Marly Glines questioned what type of kennel Mr. Abel was proposing. Staff explained that the Abel's were proposing to operate a private kennel, not a commercial kennel. Mr. Glines indicated he is the owner of the Windsor Woods development and did not feel it would be appropriate to having barking dogs next to a development having homes in the $180,000 - $400,000 range. Mr. Abel, applicant, explained that the kennel would not be operated as a business. He indicated the dogs would be brought in at night. Mrs. Abel noted that she works out of her home and would be available to monitor the dogs during the daytime. Mr. Miller asked if there were other kennels in the city. Chair Mesich indicated that there are 3 other licensed kennels. Chair Mesich noted that he contacted the community service officer in the community where the Abel's currently reside and was told there have been no complaints regarding their dogs. Planning Commission Minutes July 28, 1998 Page 6 COMMISSIONER COTE MOVED THE PLANNING COMMISSION RECOMMEND APPOVAL OF THE REQUEST BY HOWARD AND LINDA ABEL FOR A CONDITIONAL USE PERMIT TO OPERATE A PRIVATE KENNEL, PUBLIC HEARING CASE NO. CU 98-19, WITH THE FOLLOWING CONDITIONS: 2. 3. 4. THAT THERE BE NO ON-SITE COMMERCIAL ACTIVITIES THAT THE PRIVATE KENNEL BE LIMITED TO 6 DOGS THAT ANIMAL WASTE BE DISPOSED OF PROPERLY. THAT THE DOGS BE CONFINED TO THE GARAGE INDOOR KENNEL AREA IN THE EVENINGS THAT THE GARAGE BE FULLY INSULATED THAT THE KENNEL LICENSE BE APPROVED BY THE CITY COUNCIL. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. There being no other comments from the public, Chair Mesich closed the public ~hearing. 5.8. Re, etail 5,9, blic repod by COMMISSIONER ~J,I/OJPSO THE PLANNIN ISSION REC( APPROVAL OF..~I:JE REQUEST ;AND COMPA_NfE~FOR AN AMENDMENT PUD AGREEME]~I~/FOR ELK RIVER/ .t~ CENT. T.E~I~ ALLOW HOTELS AND MO~ AS A CONDI~NAL USE. CO~ )~O"E SECONDED THE MOTIO~Hi MOTION / ~.?~ OF ~EQUEST BY SAND :~ ~S FO~ELIMINARY ~J (ELK ~I~R_ RET~ E~ER 2N~), PUBLIC HEARIh ~ J~P 98- C~I' ~ THOMPSON MOVED THE N~ COMMISSION RECOMMEND ~OVAL ~H~ R~U~ST BY SAND CO. S, ~NC. FOR ~ CONDiTiONaL ~RM~T, H~R~NG C~S~ NO. CU ~8.' ON THE FOLLOW~N~ CONDn AS RECOMMENDED B~ STA 1. THE DING SIGN C( JP THE OR ALI A 20 FOOT HIGH MI SIGN S WILL REQUIRE SIGN PI REEMENT WHICH WIDTH OF 15 FEET. ALL