7.4. SR 11-20-2000
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City of 1:{
Elk
Item # 7 . 4 .
MEMORANDUM
FROM:
The Mayor and City Council
Stephen Wensman, Planner'1rJ
DATE:
November 20, 2000
SUBJECT:
Conditional Use Permit Request by Linda Allen and
John Tomlinson for a Private Kennel, Public
Hearing Case No. CU 00-41
Reauest
.
Linda Allen and John Tomlinson request a conditional use permit to allow a
private kennel in the RIa zoning district.
Location
20460 Meadowvale Road, Elk River. The NW quarter of the NW quarter of
Section 19, Township 33, Range 26, Sherburne County.
Zon ineILanduse
RIa (Single Family Residential) / LR (Low Density Residential)
Attachments
. Location map
. Aerial Photo of site
. Letter of Intent
. Letter from Neighbor
. Letter from Rose Ann Baune
.
13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone (763) 441-7420. Fax (763) 441-7425
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Memo to the City Council/CD 00-41
November 20, 2000
Page 2
Overview:
The applicant is requesting a conditional use permit for a private kennel. A
private kennel is a conditional use in the RIa zoning district and is defined
as:
KENNEL, PRIVATE: Any premise where more than 3 dogs or 3
cats over the age of 6 months are harbored or kept except
for a commercial kennel....
According to the applicants, their children show the 3 adult Australian
Shepherds and one puppy in a 4H program. The applicant intends to
construct an outdoor kennel adjacent to a pole building to contain the dogs
when the applicants are not home. Typically, the dogs sleep in crates in the
entryway of their home or are in the fenced yard when the applicants are
home.
The dogs will be bred every couple of years, however they do not intend to
increase the number of dogs kept on the premises.
Analvsis:
The applicant's 10.97-acre property is part of an old farm and contains most
of the old farm structures, although the acreage was split off for development
long ago. The proposed kennel site is adjacent to the existing pole barn in the
farmyard area behind the home and will be 650 feet from the nearest
residence in a low-density residential zoning district.
Farm Animals
After receiving the neighbor's letter, staff inspected the site a second time to
substantiate some of the mentioned issues. Upon inspection, staff found
horses, sheep, goats, a cow, and chickens in excess of what is allowed by City
Ordinance for a 10.97- acre property. The applicants were unaware of the
Animal Ordinance, but have since reduced the number of animals on the
property and are in conformance with the ordinance.
Letter from Neifrhbor
When informed of John Tomlinson and Linda Allen's request, the Peck's
contacted staff regarding concerns about the dogs (see attached letter). Since
that time, the applicants have constructed a fence to keep the dogs a
minimum of 15 feet from the west property line to satisfied the Peck's
concerns.
\ \elkriver\sys \shrdoc \planning\stevewen \ccmmo \cuOO-41.doc
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Memo to the City Council/CD 00-41
November 20, 2000
Page 3
Plannin!! Commission
At the November 14, 2000 Public Hearing, several neighbors were present,
however none were in opposition to the private kennel. The Commission was
opposed to limiting the number of dogs.
Recommendation:
Staff and the Planning Commission recommend that the City Council
approve of the conditional use permit for a private kennel with the following
conditions:
1. THAT THERE BE NO ON-SITE COMMERCIAL ACTIVITIES SUCH AS
BREEDING, BOARDING OR SELLING.
2. THAT THE ANIMAL WASTE BE DISPOSED OF PROPERLY AS REQUIRED
BY CITY ORDINANCE.
3. THAT THE APPLICANT OBTAINS A PRIVATE KENNEL LICENSE FROM
THE CITY.
4. THAT THE DOGS BE LIMITED TO AN AREA ON THE PROPERTY THAT IS
SETBACK 15 FEET FROM THE WEST PROPERTY LINE.
5. THAT THE APPLICANTS COMPLY WITH THE ANIMAL ORDINANCE.
\ \elkriver\sys \shrdoc \planning\stevewen \ccmmo \cuOO-41.doc
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13065 Orono Parkway. P.O. Box 490
Elk River,MN 55330
CASE: CU 00-41
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From: Linda Allen [immamarat@hotmail.com]
Sent: Thursday, September 28, 2000 8:45 AM
To: swensman@ci.elk-river.mn.us
Subject: kennel license
Dear Steve,
We are applying for a private kennel license with the city of Elk
River. We have three children at home who show their dogs in the 48
program and also in open Dog Agility. We do on occasion breed our dogs,
and I kept a puppy from this last litter to show myself. We try to keep
our children active in the 48 program (esp. with the animals) because
we feel it helps to promote responsibility and also to keep them busy
and "off the streets". Dog showing is a teamwork event, therefore one
dog per person.
The dogs we have are Australian Shepherds. They re a medium size dog,
with a wonderful temperament. We have three adults and one pup about
five months old. We are planning on building outdoor kennels, but the
majority of the time the dogs are in the house with us. They sleep in
crates in the entryway.
We do plan on breeding (maybe once every couple of years) and could on
occasion have an older pup that is not sold right away, but I really
don't foresee this happening, our spring litter was sold in a weekend.
Aussies are known for being loyal family dogs and are in high demand.
.
Thank you,
Linda Allen
.
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From:
Sent:
'.JO:
Subject:
Rose Ann J Baune [roseannbaune@juno.com]
Friday, November 10,200011:01 PM
swensman@cLelk-river.mn.us
Linda Allen's dogs
Steve Wensman,
This is a letter regarding Linda Allen & John Tomlinson's dogs.
My name is Rose Ann Baune and I am the President of Canine Agility of
Central Minnesota Agility Club, Inc. These dogs have been in our Agility
program for 3 years now. They are working on and off leash with other
dogs in classes with no problems. Taking obstacles and doing different
exercises with other dogs in the same training area requires
concentration and commitment. Aggression is not tolerated in agility.
Linda and John's children show these dogs also in 4-8 programs and are
working around many people and dogs at shows with no problem controlling
them.
If you need any further information you may contact me at
roseannbaune@juno.com
Thank you,
Rose Ann Baune
President of C.A.C.M. Inc.
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13065 Orono Parkway. P.O. Box 490 CASE: CU 00-40
Elk River, MN 55330
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