5.1. PCSR 08-28-2018Analysis
The applicant has four German Shepherds (8 animal units) and one Maltipoo (1 animal unit), for a total
of nine animal units as defined under Elk River city ordinances. The city allows up to six animal units
without a CUP, but the applicant is applying for a CUP to house the nine animal units they currently
own.
The dogs are normally kept indoors, where they are fed and watered. The property has a fenced backyard
for the dogs to play, and there are no outdoor kennel structures.
Applicable Regulation
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will 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.
Multiple reports of dogs loose in the neighborhood have been received by the Police
Department; see attached. Numerous written warnings and police citations have been issued for
dogs at large and unlicensed dogs between 2011 and 2017. A chain link fence was installed in the
backyard of the property in 2016 to prevent the dogs from escaping, and since installation of the
fence only one loose dog has been reported.
2. Will be consistent with the comprehensive plan.
The request is consistent with the comprehensive plan, which guides the property for residential
uses.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
The request will not impede development as the surrounding areas are either undevelopable
wetlands, or developed residential lots.
4. Will 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 systems, parks and schools; and will not, in
particular, create traffic 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. Will 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, fumes, glare, odors, dust or
vibrations.
There have been reports and complaints of excessive odor from feces in the backyard. The smell
is reported to be strong enough to extend past property lines. Occasional barking at night has
been reported to city staff, but no police complaints have been received. To address these
concerns staff proposes a condition that the feces be cleaned twice weekly – to include the
winter months.
6. Will 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.
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7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards
for the issuance of a license or permit 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.
Public Comments
Three comments have been received since mailing the public hearing notices. Specific comments
included concerns about cleanliness and odors.
Financial Impact
None
Attachments
Location Map
Applicants Narrative
Police Reports from 2011 to 2018
Section 10-9
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CUP 18-13 for Tammy and Brian Anderson for a Private Kennel at 13490 214 Av
Summary of calls related to dogs at the Anderson residence
1. 04-14-11: A caller reported that 2 German Shepards were running loose and killed a deer
behind the caller’s house. Brian was issued a written warning by ERPD for Dog at Large and No
City Dog license. The MN DNR investigated as well and said they were issuing a civil citation for
the dogs killing the deer. No other info.
2. 11-24-2011: A caller reported an aggressive German Shepard in the Anderson’s yard. Officer
confirmed it was out. Dog escaped from a kennel in the garage and went out a broken window.
Brian cited for No Dog license after repeated warnings.
3. 12-12-2011: Tammy reported to an officer that her male German Shepard was loose from the
yard. Nothing further in report.
4. 06-13-2012: Tammy reported finding a stray white Lab. The dog was eventually returned to it’s
owner by a CSO and the owner was warned.
5. 06-15-2012: A caller reported finding a small white dog at her residence. The dog was
impounded at Barrington Vet. The dog was released to the Andersons. Tammy received a
written warning for dog at large.
6. 11-28-2012: A caller reported that a German Shepard from the Anderson house frequently runs
loose and chases people into their own homes. Tammy received a written warning for dog at
large.
rd
7. 07-08-2013: Tammy located 2 dogs running in traffic near Hwy 169 and 193 Av. One was a
small brown and white dog, the other was described as a golden lab (unknown if they meant
golden retriever or yellow lab). Tammy located owner of lab on collar and contacted them.
Tammy took the little dog home so it wouldn’t have to go to Barrington Vet. No further info on
disposition of little dog.
8. 04-26-2017: A caller reported finding a small white Poodle running in his yard. He drove around
the neighborhood but could not find an owner. He brought the dog to the PD, and it was
impounded at Barrington Vet. The dog had a microchip and it registered to Tammy. She paid
the impound fee and was given a warning for dog at large.
9. 09-05-2017: Tammy reported that her daughter found a cat in the drive thru of US Bank a
couple days prior to the call. Tammy tried to find an owner but could not. It appears Tammy
kept the cat. There was no disposition listed for the cat.
10. 09-13-2017: Tammy called dispatch to report one of her German Shepard’s was lost. While the
CSO was talking to her the dog was found in it’s kennel.
11. 06-08-2018: A caller reported that the Anderson’s have 4 dogs living at their residence, and the
odor from the large amount of dog feces in the back yard extends past the property line. CSO
notified City Hall to send a letter and also advised Code Enforcement.
Sec. 10-9. - Removal of animal feces.
(a) Any person having the custody or control of any dog or domestic animal shall have the responsibility
for cleaning up any feces of the animal and disposing of such feces in a sanitary manner. It shall
furthermore be the duty of any person having custody or control of any dog or domestic animal on or
about any public place or private property of another to have in such person's possession suitable
equipment for the picking up, removal, and sanitary disposal of animal feces. The provisions of this
subsection shall not apply to a guide dog accompanying a blind person or to a service dog
accompanying a disabled person or to a dog when used in police or rescue activities. Every person
convicted of a violation of this subsection shall be punished by a fine of not more than $100.00.
(b) The provisions of this section shall not apply to the ownership or use of Seeing Eye dogs by blind
persons, dogs used in police activities of the city, such as the canine corps, or tracking dogs used by
or with the permission of the city's police department.
(Ord. No. 00-15, § 3, 9-11-2000)