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7.1. SR 05-16-2016City of Elk — River Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date I Prepared by Public Hearin� May 16, 2016 Chris Leeseber , Senior Planner Item Description Eric Sandstrom —18049 Joplin Street NW ■ Conditional Use Permit for Private Kennel Reviewed by Zack Carlton, Planning Manager Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, the Conditional Use Permit for a private kennel with the following conditions: 1. The Conditional Use Permit shall not be recorded until all applicable conditions have been substantially completed. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. 4. The private kennel shall be limited to four (4) animals over the age of 6 months. Additional animals will require an amendment to the Conditional Use Permit. 5. Animal waste, on or off site, shall be disposed of per City Ordinance Section 10-9. 6. The applicant shall receive a private kennel license from the city. 7. All animals must be licensed and vaccinated. 8. No dogs shall be allowed to run at large as outlined in Section 10-2. 9. No more than two (2) animals per supervisor shall be allowed outside of the fenced in area. 10. All dog waste shall be cleaned up immediately when dogs are off of the subject property. 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. A six-foot high opaque privacy fence shall be installed on the east and south property lines, per the City's ordinance, by November 16, 2016. Chain link with vinyl slats will not be permitted. Background/Discussion Case No. CU 16-11 The property is zoned R -1b (Single Family Residential) where private kennels require a Conditional Use Permit (CUP). The applicant is seeking a CUP to have a private kennel to keep four dogs on their property. A private kennel means any premises where more than three dogs or three cats over the age of six months are harbored or kept. Analysis The applicant has three dogs that came from local rescue organizations and would like to add a fourth. The fourth dog is a deaf French bulldog that is also from a local rescue organization. All of the dogs have been spayed and neutered. P a w E R E U 6 Y NaA f RE] The eastern half of the property is fenced and the applicant does not kennel the dogs outside as they are inside dogs. There will be no boarding, breeding, or selling of the animals. The city has never received an animal complaint at the subject property. Applicable Regulation The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: mill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. The applicant already has 3 dogs and adding one additional dog and privacy fence should not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. Installing the privacy fence should allow adjoining properties to enjoy their property without being noticed by the dogs. 2. mill be consistent with the comprehensive plan. It is consistent with the comprehensive plan, which guides the property for residential. 3. Hill not impede the normal and orderly development and improvement of surrounding vacant property. It will not, as the surrounding area is already developed. 4. mill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer ystems, parks and schools; and will not, in particular, create trafc congestion or interference with traffic on adjacent and neighboring public thoroughfares. The property is adequately served by theses facilities and the proposal will not impede them. 5. mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive trafc, noise, smoke, fumes, glare, odors, dust or vibrations. Barking dogs will create noise, but is not believed to be excessive as the dogs will be inside a majority of the time. 6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. As no alterations to site are proposed, it will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. mill fully coVywitb all other requirements of this Code,' din any applicable requirements and standards for the issuance of a license orpermit to establish and operate the proposed use in the city. The use and CUP will comply fully with all requirements of the Code. 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. N:\Departments\Community Development\Planning\Case Files\CUP\CU 16-11 Sandstrom\City Council\7.1 sr.docx Planning Commission meeting summary Staff received videos and photos of the dogs located on the subject property the afternoon of the April 26, 2016, Planning Commission meeting. Staff presented the videos, photos, and staff report. Following staff s presentation, three residents questioned the impact an additional dog would have on the neighborhood residents due to the aggressiveness and noise displayed by the current dogs. It was indicated the dogs have gotten out of the fenced area and the dogs charge the fence when the neighbor children walk by to get to the bus. The applicant provided history of the rescued dogs and how they tend to behave. They stated that the dogs do run up and down the fence, but they have had no incidents, other than they had to ask the neighbor's kids to stop throwing rocks at the dogs. Staff indicated to the commission that adding a 14th condition requiring a six (6) foot tall opaque privacy fence would seek to alleviate neighboring residents concerns. Staff is not supportive of vinyl slats in the chain link fencing as the dogs could still see through it and the slats could easily be chewed up by dogs. The Planning Commission discussed the impact a privacy fence would provide as well as the required location of such fence. With the staff recommended 14"' condition, the Planning Commission recommended approval of the request with a 6-1 vote, Commissioner Thiel opposed. As there are no proposed structures or signs with this request, two conditions from the Planning Commission meeting have been removed as they dealt with building/sign permits. As a result, staff is recommending the 12 conditions in the action requested language. The 12"' condition is now the 14`' condition the Planning Commission recommended. Financial Impact None Attachments ■ Location Map ■ Applicants Narrative ■ Aerial photos ■ Submitted Photos & Videos N:\Departments\Community Development\Planning\Case Files\CUP\CU 16-11 Sandstrom\City Council\7.1 sr.docx t I'T 1'41 fl-7J�—; i J 75-59-5-0 Sandstrom Conditic ti 1 L;l e Permit F 7//7-� �44b-012 r 0 mr (:,,d Case N- CU 16-1 1 River We are requesting a conditional use permit to allow us to add an additional pet to our family. We currently have 3 dogs and would like to be able to add a fourth. All of our pets come from local rescue organizations. 2 of our dogs were found abandoned and injured. Our most current addition is a British Bulldog that was a mill dog. She was abandoned and found wandering with a life threatening internal infection and an eye that was so neglected that it had to be removed. We want to add another mill momma. She is a deaf French bulldog. She was surrendered to a local rescue after she could no longer have puppies and was going to be euthanized if the rescue did not take her. We take great care of our pets, even driving over an hour to take them to vets that specialize in their breeds. They are all inside dogs. They have all been spayed or neutered. We have a fully fenced in yard and we have a commercial service for waste disposal. i r w '7 ti� �. •�yi� �-�Kr� �.. -2 � 0 Tf� n rfr j 1 .f r r yy r. �jl i w rk AIR ti =Tqi Ir Imo,`°�If Y� _�* Y �� y � _. r .-�.�33.y ;� .- .7 : m ;° � , : . y �,� .:a- � -..z< v.:\\ 2 . . _ � �. �� )� Leeseher , � P9� 1 � -71 From: Dawn MARTIE - if ca-) 5 Senn: Monday, May 16, 2016 2:05 PM To: Leeseberg, Chris Subject: Tonight's Meeting Good Afternoon Chris - Happy Monday! I would first like to take a minute to "Thank you for your support and understanding" at the last meeting...... Regarding the conditional use permit to allow a private kennel next door to me. I would like to say the problem has not gotten any better since our last meeting. The dogs continue to be out of control / barking uncontrollably at my children and anyone walking around their yard (down the street). As you were made aware there is a bus stop on the corner of that home that has children there everyday. There is also a child with special needs that lives across the street and can rarely play in his own front yard because of the dogs charging the fence. understand that one proposal was to put the slates in the existing fence - but that does not help the dogs jumping and nipping problem. The problem is getting worse - with more children playing outside (including my own - in their own backyard) - the dogs are getting more aggressive and jumping higher and higher. Sooner or later they will figure out how to get over my fence and at my families expense. I strongly encourage any city member to view the recently submitted pictures & video (Sound too) to bring their children or grand children and come play in my yard if they truly believe there is no problem. I am so sorry I can not be in attendance tonight - I am hoping the city will follow thru with the recommendation to put up the 6 foot fence ASAP - including the side on the road. One neighbors decision to have to many aggressive dogs - should not be a whole neighborhoods problem. As they stated themselves they are rescuing dogs who come from terrible situations. This makes me feel these dogs are more venerable and able to attack if felt threatened in the least. I can tell you my tiny dog nor my children are the reason those dogs are aggressive and out of control. It seems a fence would be in their best interest as well. If more videos are pictures are needed I would be happy to take more - as this is a daily problem for my home and my neighborhood. Thank you once again for taking the time to hear my concerns Have a GREAT day! Dawn Martie 18037 Joplin Street NW Elk River, KAN 55330 ps..... ®n my letter of Public Hearing the City Counsel meeting date was incorrectly printed - which is the main my neighbors and myself were unable to come tonight and voice our concerns. I would be happy to have them email you as well if needed C C tr1 Is--I(."--,D-ni('0 Leeseber , Chris 117.E rvfvVt -T l From: Angie Shay Sent: Monday, May 16, 2016 4:00 PM To: Leeseberg, Chris Subject: City Council meeting tonight Hi Chris, I am writing to you regarding the conditional use permit to allow a private kennel that will be presented to the City Council this evening. Unfortunately, due to the date change, I will not be able to attend tonight as I do not have care for my special needs child. I was able to attend the Planning Commission meeting and would like to thank you for listening to our concerns. If at all possible would like a few items brought to the City Council attention on my behalf. I live on 160 112 Circle, I am on the "road" side of their house. 1) Since the Planning Commission meeting, I have not seen any change in the way the residents are trying to control their dogs. They continue to bark uncontrollably and charge the fence. 2) PLEASE make sure the City Council members are able to see the previously sent photos and videos. I think it is very important that they see how high the one dog in particular can jump. It is just a matter of time before it figures out how to get over the fence. That time scares me! 3) On behalf of my family and ALL the families in our neighborhood we would like to see a 6 foot opaque privacy fence put up along our side of the road as well as along the property lines. Our street is a cul de sac which means the only way out for EVERYONE that lives on this road is to go past the residents with the dogs. That means driving, walking, jogging and biking all has to happen while the dogs charge the fence and bark. The dogs are VERY intimidating! At the Planning Commission meeting the resident mentioned that children run their backpacks up and down the fence to tease the dogs. Neither my husband or myself have ever witnessed this. This is one more valid reason for the 6 foot fence to be put on our side of the road. If the dogs don't see us "maybe" they won't charge the fence and/or bark. It may help us as well as the residents concerns about the so called teasing. Thanks you again for listening to our concerns, Angie Shay Eric Sandstrom Conditional Use Permit ver 142 � a 5-012D 75 95-011.5 75-595—q 110 75595 105 IL k 7595�f275 75195-0210 4b 75 X46-0132 7 55 Sandstrom Condi6onal Use Permit 75X546-01 DO p TS -54 WO I 0 4r� 75-546-0122 f 75 Elly Cas e I : U 16-1 1 River Background ■ R1 -b ■ Requesting Private Kennel for 4 dogs ■ CUP required if over 3 dogs ■ No boarding, breeding, or selling ■ East 1/2 fenced ■ No animal complaints at address a tw �• •� �?fir '�'!lit . ,IPA t "s .- 1 � 1 �• •� �?fir '�'!lit . ,IPA t "s 1pb aiL � t s� : y� ter_ _ Ll -A o P, �IIA ._� 4 rw I' 0 7 R� 4% .N6. O%� 4bdl. A4 lm. r—.j--w p + 1 My 416� . 1 StiJ E lm. i t -i .� -_ ter- •�..,.�.. . �- • V � • t r - • r r.► w- . • -�► .ti 01 1 •i 4 loclorwop NO r e f 0 We Planning Commission Meeting - Public Hearing ■ Concerns ■ Impact additional dog? ■ Aggressiveness/energy ■ Noise ■ Dogs have been out of fence ■ Bus stop —charge fence Planning Commission Meeting - Public Hearing ■ Applicant provided history ■ Rescued dogs —how they behave ■ Dogs do run the fence ■ Dogs have not been out of fence ■ No incidents ■ Asked kids not to throw rocks Planning Commission Meeting ■ Add privacy fence to alleviate concerns ■ Staff not supportive of vinyl slats ■ See through ■ Chewed up ■ Fence location was discussed CUP Requirements ■ Staff's initial analysis of the application shows compliance with all seven of the conditions required for approval of the CUP. ■ With submitted documentation, #1 and #5 may not be met without a fence CUP Requirements 7. Vill not endanger, injure or detrilnentally a ffect the use and enZovment of other probero in health, safety, morals, comfort, neighborhood or the city. the immediate vicinity or the pudic convenience orgenerczl welfare of the CUP Requirements 5. Vill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, jumesglare, odors, dust or vibrations Action Requested ■ PC recommended approval 6-1 (Thiel opposed) ■ Approve, by motion, the CUP for a private kennel with conditions outlined in the memo Conditions 1. The Conditional Use Permit shall not be recorded until all applicable conditions have been substantially completed. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. 4. The private kennel shall be limited to four (4) animals over the age of 6 months. Additional animals will require an amendment to the Conditional Use Permit. 5. Animal waste, on or off site, shall be disposed of per City Ordinance Section 10-9. 6. The applicant shall receive a private kennel license from the city. 7. All animals must be licensed and vaccinated. 8. No dogs shall be allowed to run at large as outlined in Section 10-2. 9. No more than two (2) animals per supervisor shall be allowed outside of the fenced in area. 10. All dog waste shall be cleaned up immediately when dogs are off of the subject property. 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. A six-foot high opaque privacy fence shall be installed on the east and south property lines, per the City's ordinance, by November 16, 2016. Chain link with vinyl slats will not be permitted.