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5.1 ekr { ITEM 5.1. ( ty of MEMORANDUM lk� ` 1iver TO: Planning Commission FROM: Scott Harlicker, Planning Assistan -/1l DATE: January 23, 1996 SUBJECT: Conditional Use Permit Request by Tom Mesich, Public Hearing Case No. CU 95-33 Request Mr. Mesich is requesting a conditional use permit for a dog kennel at his home. Location 11401 205th Avenue NW, Elk River, MN. PID # 75-115-4301, Section 15, Twp. 33, Range 26. • Attachments • Location Map • Site Plan • Letter from applicant Existing Conditions The property is zoned A-1 (Agricultural Conservation) and contains a single family house, attached garage and a pole barn. There is also a small fenced dog kennel with a single dog house attached to the garage. The adjacent properties to the north, south and east are zoned A-1 and all have single family homes located on them; the property to the west is also zoned A-1 but is vacant. Even though the adjacent lots are developed, the lots are of a sufficient size that there is several hundred feet between residences. The topography is hilly and vegetation is scattered woods and brush; this aids in providing a buffer between residences. Background • Mr. Mesich is requesting a conditional use permit for a dog kennel at his house located at 11401 205th Avenue. The applicant currently raises St. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Mesich Conditional Use Permit Request Page 2 January 23, 1996 • Bernards for show and has been doing it at a different location since 1974. Mr. Mesich currently lives and has a similar kennel in Lino Lakes; he has a purchase agreement for the property on 205th Avenue contingent upon obtaining a conditional use permit and a license for the dog kennel. The Mesichs own three St. Bernards, an eight year old male, a three year old female and a five month old puppy, which they are active in showing. The dogs are not bred for sale but are for private use and showing. They also own two house dogs. The kennels will consist of a six foot high, 16' by 20.5' enclosure that is separated into three runs. The enclosure will be attached to the garage which will be used to provide shelter for the dogs. The applicant has indicated that the kennel will be cleaned twice a day, morning and afternoon. Waste is currently disposed with the regular garbage; however, they are looking at providing a method of on site disposal. The applicant indicates that there is usually someone home so that the dogs are not left alone. The Lino Lakes police department was contacted and they indicated that there have not been any complaints filed about barking dogs or dogs running loose. • Evaluation of Request The definition of kennels found in the Zoning Code includes kennels used for commercial purposes. The granting of this conditional use permit would allow the applicant or future owners of this property to operate a commercial kennel. In order to limit the possibility of this becoming a commercial kennel in the future, a condition should be included that limits the number of animals kept on site at one time. According to Section 502.36 of the City Ordinance, kennels are also required to be licensed by the city; this permit must be renewed annually. The maintenance of animal quarters and kennels are also subject to the standards found in Section 502.38 of the City Ordinance. Recommendation This request was compared to the seven criteria listed in Section 900.20 of the Elk River City Ordinance and it was found to be in compliance with those criteria. Staff is recommending approval of the conditional use permit for a dog kennel to be located at 11401 205th Avenue, with the following conditions: • s:planning:pc:cu95-33 Mesich Conditional Use Permit Request Page 3 January 23, 1996 • 1. The applicant shall comply with Section 502.36 and Section 502.38 of the Elk River City Ordinance which regulate kennel permits and kennel conditions. 2. The number of dogs housed in the kennel shall not exceed three at any one time. • • s:planning:pc:cu95-33 • : Q , '1 j Irl iII 208TH x LOCATION' — ' 707Th AvENur i ,Ili I I!j I _ 1 . j 205Th AVENUE NW COUNTY R AO • I ''I� ••• 2.5TH A N ' 0 !--.' • f:ii rk';llW'illIllIllirillIll4l ,i it III r. ci ' ';:1 Illit ANN z . . , ../4 ., cc ,.. a . ,,,, iii, . , ,: I I us Aii ii 201ST AvENUE !j; I • • mi. l I I ® I t ;L. 1 � 0TH AVE. ,II' „,, _ =�1 iplir . iii -. ii. � CITY 3 z r^ / A.( LOCATION N i1! fkiver MAP 13065 Orono Parkway • P.O. Box 490 CASE: CU 95 ' 33 Elk River, MN 55330 SZr 1173 • • IZIZS IC) F'A F? E L_ as 16' x 20.5 6' High chain link with insulated dog houses Not to scale D 4 Y 4 l r1 ■ % /„. vdier ie. 2. N I WWt�JJONOW 'JAW SII IO 9S : ClC CE i • o • • TOM AND DEBBIE MESICH 7065 RICE LAKE LANE • LINO LAKES MN 55014-1215 (612)784-3059 Fax: (612)784-2063 December 1, 1995 Sandra Thackeray City of Elk River PO Box 490 Elk River MN 55330 Dear Sandra: Thank you for talking with me this week about our move to Elk River. We have a signed purchase agreement on the property at 11401 205th Ave NW but the agreement is contingent upon us obtaining a kennel license by 1/1/96. I have enclosed a completed license application and a check for$75. The proposed closing date would not be until 3/15/96. We are excited about moving to Elk River and are looking forward to having more"room to roam". I thought I would give you some additional information on our pets. I have been active in owning and • showing St Bernards since 1974. Currently we have 3 Saints, an 8 year old champion male,a 3 year old almost champion female, and a 5 month old puppy. We are not planning on adding any saints in the near future as we will be showing the puppy for at least two more years. We also have two house dogs, a dachshund, and a"pound puppy". We will be moving our outside kennels to the new house when we move in so the initial setup will be a six foot high, 16 x 20.5 foot,kennel enclosure separated into three separate runs. Each run will have an insulated dog house and food and water. In the winter,we have heated water buckets to provide fresh water at all times. We run the dogs and clean droppings morning and afternoon. Currently we place the droppings in a garbage can and dispose of it weekly with the regular garbage. It is our intent to explore an onsite dog waste disposal system after we move in. The house currently has a kennel in the rear yard with a door to the garage area and it is our intent to eventually place our current kennel on a concrete slab with two more accesses to the garage and to build a chain link enclosure in the garage. We will also be fencing in an exercise area for the dogs at the end of the kennel with a pea gravel surface, and eventually fence a larger area in the rear yard for a kid play yard. Currently,we live on a one acre lot in Lino Lakes and we have never had any complaints about noise or nuisance violations. I am the president of a small computer consulting company and I am able to work much of the time at home. My wife works only part time while the kids are in school. This means that there is usually someone home and we are very strict about barking. We are very involved with responsible dog ownership and have been members of the Greater Twin Cities St Bernard Club for many years. We train our dogs for conformation, obedience,and drafting and they all have been bred for wonderful temperament. Our older male also holds a Canine Good Citizen title. • • • Sandra Thackeray Page 2 December 1, 1995 We will be looking forward to meeting you and the City Council on 12/18. We feel we will make good neighbors for Elk River. Thank you again for your help. Tom Mesich • •