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4.3. PCSR 05-28-2019Request for Action To Item Number Planning Commission 4.3 Agenda Section Meeting Date Prepared by Public Hearings May 28, 2019 Chris Leeseberg, Senior Planner Item Description Reviewed by Karen Randall – 19101 Zebulon St NW Zack Carlton, Planning Manager Reviewed by  Conditional Use Permit for Private Kennel, Case No. CU 19-02 Action Requested Recommend, by motion, approval of a Conditional Use Permit allowing a private kennel with the following conditions to satisfy the standards set forth in Section 30-654: 1. The private kennel shall be limited to thirteen (13) animal units. Additional animal units will require an amendment to the Conditional Use Permit. 2. No more than six (6) animal units shall be allowed outdoors at one time. 3. The removal of animal waste shall comply with Section 10-9. All on-site waste shall be picked up and properly disposed of two (2) times a week. 4. All dog waste shall be cleaned up immediately when dogs are off-site. 5. The applicant shall receive a private kennel license from the city. 6. No more than two (2) animals per supervisor shall be allowed outside of the fenced area. 7. No dogs designated as dangerous or potentially dangerous are allowed to be kept on site, and the keeping of a dangerous or potentially dangerous dog shall be grounds for revocation of the permit. Background/Discussion The property is zoned R1-b Single Family Residential where Private Kennels require a Conditional Use Permit (CUP). The property has two enclosed fenced areas for the dogs. An area north of the house is for the seven smaller dogs and an area to the east is for the larger dogs. The applicant stated they will not be breeding or boarding animals and all of the pets on the property are spayed or neutered. The pets do not reside outside of the home and are never unattended when outdoors. Animal unit, domestic is a unit of measure for domestic animals. Domestic animals under 20 pounds, at full maturity, count as one (1) animal unit and domestic animals 20 pounds and over, at full maturity, count as two (2) animal units. Kennel, private, means any premise where more than six (6) domestic animal units over the age of six months, are harbored or kept. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity The applicant is seeking a CUP to allow 13 Animal Units on 7 dogs under 20 lbs. 7 animal units the subject parcel. The table outlines the weight and animal 2 dogs over 20 lbs. 4 animal units units being reviewed. 2 cats under 20 lbs. 2 animal units Total 13 animal units Police Reports Since 2009, there have been two police reports of Animal Complaints. In one instance, the applicant called about their own missing dog and in the other case the applicant found two dogs owned by a resident who lived about a mile from the subject parcel. Public Notice A resident spoke with staff about their concerns with the request, the on-going building projects, bright lights, and the frequent noise created by construction equipment running at all different times during the day. They are adamantly opposed to the request. Staff received an email from a neighbor regarding barking dogs, trash, littering, bright flood lights, on- going building projects, and the frequent noise created by construction equipment unit early morning hours. Applicable Regulation In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. 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. Without conditions, the use might 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. Any residential property in the city is allowed to have up to six animal units without needing to obtain a permit. The applicant is asking for over twice the allowed animal units to be located on the subject parcel. As all property owners in the city are allowed six animal units (inside or outside), the applicant/subject property should also be allowed the same amount as others in the city. To protect the general welfare of nearby residents staff recommends a condition stating no more than six animal units shall be allowed outdoors at one time. Additionally, no dogs designated as dangerous or potentially dangerous shall be allowed on site. 2. Will be consistent with the comprehensive plan. The request is consistent with the comprehensive plan, which guides the property for residential uses. Staff does not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. N:\\Departments\\Community Development\\Planning\\Case Files\\CUP\\CU 19-02 Karen Randall\\4-Planning Commission\\CU 19-02 sr PC 5-28- 19.docx As the surrounding area is already developed, the use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff does not see a need to impose specific conditions to satisfy this standard. 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 these facilities 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. Staff does not see a need to impose specific conditions to satisfy this standard. 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. Barking dogs, animal waste, and running at-large animals are always a concern with private kennels. The use could involve uses and activities that could be detrimental to any persons or property because of excessive noise and fumes. To address these concerns, staff proposes the following conditions, feces be cleaned from the property twice weekly, no more than six animal units shall be allowed outdoors at one time, and no more than two (2) animals per supervisor shall be allowed outside of the fenced area. 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. Staff does not see a need to impose specific conditions to satisfy this standard. 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 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. Staff does not see a need to impose specific conditions to satisfy this standard. 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. Financial Impact None N:\\Departments\\Community Development\\Planning\\Case Files\\CUP\\CU 19-02 Karen Randall\\4-Planning Commission\\CU 19-02 sr PC 5-28- 19.docx Statutory Review Period Per State Statute §15.99, the required 60-day review period ends on June 24, 2019. Council Meeting If acted on, this item will go to the June 17, 2019, City Council meeting. Attachments  Location Map  Applicant’s Narrative  Site Plans  Photo of Dogs  Police Reports  Neighboring Resident Email N:\\Departments\\Community Development\\Planning\\Case Files\\CUP\\CU 19-02 Karen Randall\\4-Planning Commission\\CU 19-02 sr PC 5-28- 19.docx Karen Randall Conditional Use Permit Case No: CU 19-02 *Ver �-1 Narrative: 19101 Zebulon St Nw, Elk River, MN 55330 Conditional UPer _ it Application/ Private Kennel Permit application. TZECEf YVU) APR 2 5 2019 Introduction: This narrative is to serve as supplementary information related to conditional use permit application of Karen Randall located at 19101 Zebulon St. NW, Elk River, MN 55330. The applicant is Karen M. Randall, FKA Karen M. Straka, the owner of the property. The purpose of the Conditional Use Permit application is to support a Private Kennel Permit application. The Conditional Use permit application is needed for several reasons including the lot size being only 2.5 acres, and the number of animals on the property. Background information: The animals at the property are household pets. We do not breed or board animals. All of the pets on the property are spayed or neutered. The pets do not reside outside of the home for living quarters and are not left unattended when outdoors. The property is enclosed with a privacy fence. Separately from the outward privacy fence on the property, the pets have a private yard also fenced within the property to protect them from other animals such as birds of prey etc. This separate yard is shaded and has additional shelter for them as well. The separate yard is primarily for the small dogs of the property to be able to safely play outside without risk of predatory wildlife harming them. The 2 Large pets have the run of the backyard of the property within the Privacy fence, as well as a kennel area to contain them if needed for any reason. Background on the animals: There are 9 dogs, 2 cats on the property, all pets, all housetrained. 7 of the dogs are small dogs, Pomeranians, a dachshund, a griffon Brussels, and a mix breed. All 7 of these little one's weigh under 20 pounds. Originally, we took them in due to abandonment, or some sort of health issue that landed them as a rescue somewhere, or abuse. Several of them were considered rescues for no other reason then having difficult personalities. We (my family) took them in with the intention of giving them the life that they should have, spoiled, loved and well cared for. Each has been spayed or neutered, microchipped, and kept fully current with health care, shots, and grooming. But more N -a importantly, they are a unique pack. They are not left outside or confined to kennels within the home. They are not "pets" as much as they are family members in a sense. They spend their time in whatever room of the house I am in at the time; they sleep on couches in pet beds and on the owner's bed. They have motion dampening car seats for their car rides, they don't often go on neighborhood walks, but when they do; a pet stroller is needed because they are not all as young and spry as they think they are. They wear jackets in the winter and even have a heating blanket for their hip issues. I realize this is a lot of unnecessary information, but I feel it is important to express their treatment. The 2 large dogs are LARGE. They have the run of half of the back yard, a full acre privacy fenced. My understanding is due to their size, they are considered more than 1 animal each. They are also spayed and neutered, as well as micro chipped and fully current on all medical procedures. They do not dwell outside unattended. They are provided a 12'x12' room inside the house that serves as an indoor kennel in the event of company in the house, because their size can be intimidating to some people. They also have an outdoor kennel so that they can be restrained outdoors if needed for some reason. Like the little dogs, they are not housed outside. The 2 cats of the house are both spayed and were both abandoned kittens when taken in. They are self sufficient and have the roam of the house. They are domestic, they are not allowed outside unless they are on a harness. Annoyance information: Every measure has been taken to ensure that the pets do not disrupt any neighbors. I have never heard a complaint or concern from the 2 neighbors I have. The yard is completely private, the animals only bark if there is someone approaching the property, or a stranger present on the property. Care and Supervision: The owner of the property works from home and is present attending to the pets. When the owner is unable to be home to care for the pets, the owner's son fills in. /v'3 Closing: I respectfully request the approval of the Conditional Use permit necessary for the Private Kennel Permit application to ensure that the pets can continue to reside at the property in their owner's care for the remaining span of their lives. I look forward to any feedback or answering any further concerns that may exist regarding the matter. Attachments: A Sheet with the description and information on each of the animals is attached. Several Photo's from Google Earth are attached to show the span of the property and location of private dog yard as well as adequate distance from neighbors. Animal/Pet list 19101 Zebulon St. NW RANDALL Private Kennel Permit Application Please Circle Dog Cat Pet's Name Gracey Breed Pomeranian Male/Female F Spay/Neutered y AGE 1 WEIGH! 11 LBS ('6 �og Cat Goliath Pomeranian M y 5 10 LBS Dog Cat Sampson Pomeranian M y 5 14 LBS Dog Cat Daisy Griffon Brussels F y 7 10 LBS Dog Cat Meaka Mimi Mutt (shiba Inu/pug) F y 3 15 LBS Dog Cat Sophie Toedoe Dachshund F y 2 19 LBS Do Cat Hopper Pomeranian M y 2 14 LBS Dog Cat BATMAN Mastador (Mastiff/labrador) M y 2 170 LBS Dog Cat Marshmello Mastiff/blood hound Mix F y 1 105 LBS Dog CC, at Sassy Short Hair Tiny/ Black&white F y 2 4 LBS Dog Cat Pepper Short Hair Tiny/Orange F y 3 6 LBS T PR! VA TE SM41 L DOG YARD AW'► • �" 75.177-0110 It LARGE DOGS Cl OSED rV YARD t 2 PRIVATE SMALL DOG YARD FULLY FENCED it f IF 19 16 t t r PICTURE ABOVE IS OF THE 7 SMALL DOGS TO DEMONSTRATE THEIR SIZE AND DEMEANOR. Incident Report 16005542 - NIN0710200 Page 1 of 1 ELK RIVER POLICE DEPARTMENT POLICE DEPARTMENT INCIDENTREPORT ICR# 16005542 AGENCY ORI# MN0710200 JUVENILE: Z Reported: 03-24-2016 1427 First Assigned: 1427 First Arrived: 1427 Last Cleared: 1433 W Committed Start: Committed End: ZTitle: Animal Complaint How Received: Other — Summary: I saw that dispatch had put a lost Shiba Inu on ProPhoenix. Before checking the dog's neighborhood, I called the complainant and she told me that the dog had just been found at the back of her property. Location(s) Address: 19101 Zebulon St NW City: Elk River State: MN Zip: 55330 Country: USA Officer Assigned: Prehatney, Jeff Badge No: 3667 Primary: Yes W U U. v_ O 0 MOC: 9560 Literal: Animal Complaint Statute: UCR: 2 W Involvement: Complainant Name: Straka, Karen Marie DOB: 11-08-1970 a Age: 45 z Address: (Residence) 19101 Zebulon St NW City: Elk River State: MN Zip: 55330 Country: https://pd. elkrivermn.gov/letg/Applications/Incident/ReportControls/IncidentReport.aspx?T... 5/7/2019 Incident Report 17013096 - MN0710200 Page 1 of I ELK RIVER POLICE DEPARTMENT POLICE DEPARTMENT INCIDENTREPORT ICR# 17013096 AGENCY ORI# MN0710200 JUVENILE: Z Reported: 06-29-2017 1707 First Assigned: 1704 First Arrived: 1704 Last Cleared: 1938 C Committed Start: 06-29-2017 Committed End: 06-29-2017 ci Title: Animal Complaint How Received: Radio Short Description: Found Dogs Summary: I received a radio call for two found dogs on the listed 1000 block. The complainant first wanted to keep the dogs at her residence in case a neighbor came looking for the dog. Later, the complainant wanted the dogs picked up. I recognized the dogs and attempted to contact the suspected owner with no success. I impounded a brown Vizsla and a white Spaniel mix at BOVH; Impound Forms 3182 and 3183. End. Update: The owner paid $150.00 impound fee and picked up his two dogs. 667. Location(s) Address: 19100 19101 Zebulon St NW City: Elk River State: MN Zip: 55330 Country: USA Officer Assigned: Davis, Nick Badge No: 668 Primary: Yes W U LL LL O L) MOC: 9560 Literal: Animal Complaint Statute: UCR: 2 W Involvement: Complainant Name: Straka, Karen Marie DOB: 11-08-1970 a Age: 46 Z Address: (Residence) 19101 Zebulon St NW City: Elk River State: MN Zip: 55330 Country: Involvement: Owner Name: Foster, James Seton DOB: 08-04-1966 Age: 50 Address: (Residence) 13558 Island View Dr NW City: Elk River State: MN Zip: 55330 Country: https://pd.elkrivennn. gov/letg/Applications/Incident/ReportControls/IncidentReport. aspx?T... 5/7/2019 Incident Report 19007176 - N4N0710200 Page 1 of 2 1i ELK RIVER POLICE DEPARTMENT POLICE DEPARTMENT INCIDENTREPORT ICR# 19007176 AGENCY ORI# MN0710200 JUVENILE: Z Reported: 04-11-2019 1346 First Assigned: 1346 First Arrived: 1346 Last Cleared: 1353 W Committed Start: Committed End: ZTitle: Animal Complaint How Received: Radio — Summary: I was forwarded information on an animal complaint by the SCSO. See report. Location(s) Address: 19101 Zebulon St NW City: Elk River State: MN Zip: 55330 Country: Officer Assigned: Prehatney, Jeff Badge No: 3667 Primary: Yes w U u - w O v O MOC: 9560 Literal: Animal Complaint Statute: UCR: N W Involvement: Owner Name: Randall, Karen Marie DOB: 11-08-1970 Q Age: 48 Z Address: (Residence) 19101 Zebulon St NW City: Elk River State: MN Zip: 55330 Country: Supplemental Report ICR: 19007176 Title: Animal Complaint Last Modified: 05-07-2019 1555 Created By: Jeff Prehatney On 4-11-19 at approximately 1340 hours, I, CSO Jeff Prehatney received a request from dispatch to call a deputy at Sherburne County. When I called the deputy he told me he had received an animal complaint which was for a residence in Elk River's city limits. XX XXXXXXXXXXXXX XXXX XXXXX X XXXXXX XXX XXXXX XXXX XXXXXXXXXXXX XXXXXXXXX XXX XXXXXXXXX XXXXXXXXXXXX XXX XXXX XX XXXX XXX XXX XXXX XXXXXXX XXXX XXXXX XXXXXXX XXXX X XXXXXXXXX X XXX XXXXX XXXXXXX XXXX XXXX XXXX XX XXX XXXXXX XXXXXXXXX XXX XXX XXXXX XXXXXXXX XXX XXXXX XXX XXXXXXXXXXX XXXXXXX X XXXXXX XXXX XXXXXX XXXXXXX XXX XXXXXXXX XXXXXX XXXXX XXXXX XXX XXXX XX XXX XXXXX XXX XXXX XX XXXX XXXXXXX XXXXX XXXXX XXXXXXX XXXXXX XXXXXXX XXXXX XXXX XXX XXX XX XXXXX XXXXXX XXXXX XXXX XX XXX XXXXXXXXXX XXX XXXX XXX XXXXXX XXXXXXX XX XXXXXXX XXX XX XXX XXXXX XXXX X XXXXXX XXX XXXXXXXXXXXX XXXX XX XXXX XXXXXX XX XXX XXXXXXX XXXX XXXXXXXXXX XXX XX XXXXXX XXX Before going to the residence I checked previous calls but didn't see any animal complaints for number of animals or barking dogs. At approximately 1420 hours I stopped in at 19101 Zebulon Street and met with dog owner Karen Marie Randall, DOB/11-8-70 and an unidentified son. I stood out on the front step and the front door was open ninety degrees. I didn't notice a smell coming from inside the residence. I advised Ms. Randall why I was there and asked her how many dogs she has. She told me she has a Mastodor and a Mastiff mix which she told me have there own yard and she gestured around the north side of the residence. She then told me she has seven small dogs, Pomeranian type dogs. I asked her how many cats she had and she said she https://pd.elkrivennn.govlletglApplications/Incident/ReportControls/IncidentReport.aspx?T... 5/7/2019 Incident Report 19007176 - N4N0710200 Page 2 of 2 has two cats. There are also stray kittens she feeds and provides shelter to in a shed on the property. She said the mother of the kittens had run off last summer and once the weather warmed up she would be taking the kittens to the veterinarian. After she told me how many animals she has, I told her that the city ordinance prohibits that many animals without a kennel permit. She told me she would obtain one and I gave her City Hall's number and told her to ask for Jessica Miller. I cleared the residence at approximately 1440 hours. I called Jessica Miller to advise her that Ms. Randall would be calling her, but she didn't answer. End of supplemental. Jeff Prehatney, 667. https://pd. elkrivermn. gov/letg/Applications/Incident/ReportControls/IncidentReport.aspx?T... 5/7/2019 Incident Report 19007176 - MN0710200 Supplemental Report ICR: 19007176 Title: Private Kennel Inspection Page 3 of 3 Last Modified: 05-21-2019 13071 Created By: Jeff Prehatney l On 5-21-19 at approximately 1206 hours, I CSO Jeff Prehatney met with dog owner Karen Randall at her residence for a private kennel inspection. I had not let Ms. Randall know I was coming. We walked around the back of the residence and Ms. Randall showed a large fenced backyard which was open to her two large dogs. She also showed me a smaller fenced side yard for her small dogs. There is a large fenced kennel area for the two large dogs to be put when smaller grandchildren come to visit. Ms. Randall told me none of the dogs live outside. When we went inside the residence she showed me a room for the two large dogs. She said that they are not allowed upstairs while the seven small dogs live upstairs. While I was in the residence I didn't notice any urine or feces smells as if the dogs were not being cleaned up after. I didn't see any reason to deny a private kennel permit. End of supplemental. Jeff Prehatney, 667. https://pd.elkrivemin.gov/letg/Applications/Incident/ReportControls/IncidentReport.aspx?... 5/21/2019 Response and factual representation of Mr. Brandt's Op Ed Email statement to the Planning Commission. In order to be expedient with my points of consideration I will use direct quotes in front of my responses for easy viewing. QUOTE: Dear Planning Commission, This relates to Karen Randall's request for a conditional use permit to run a private kennel. Unfortunately, we're unable to attend the May 28 Planning Commission hearing. My wife, Rachelle, and I are the next-door neighbors to the north, and would like to share some thoughts from our perspective. "Perspective" — We all have those, not all choose to state them in a manner that sheds light on our antagonistic nature while claiming fear of "harm". However, I am grateful this was done in an official manner to the Commission so it will be a matter of public record should any of the mentioned intensions be carried out it will be well documented. QUOTE: Dogs- There's been near -constant dog barking for at least 5 years at the neighbors' residence. I'm not sure how many dogs are there, but the number is high. When we step out of the house, a frenzy of barks includes (In my estimation) 4-6 small yapping dogs and at least one big, loud mature critter. This is a constant thing, typically any time we're in our yard it driveway. The neighbors to the North are quite active individuals, I assume late working as their garage is the closest structure to my property. They are young, work in their garage and driveway sometimes late into the night. Yes, this does cause a security light to trigger, therefore the large dogs (there are 2) notify by barking of a presence near the property. This is part of their function as I am a Single, Divorced, living alone in a large home female. Late night, 1,2 AM bond fires close to our home with friends of the neighbors during the summer does cause some household uproar with the animals as well, primarily the voices and smoke entering our ventilation systems and/or windows. This has not been a bother to us, but it does seem to be a bother to them so we will make the needed accommodations to close windows and if needed muzzle the dogs inside the house for the duration of their socializing. I will personally offer them the materials needed (as I have quite a bit in storage) as a gift to move their firepit to a safe location built to code. Further, the dogs are Not outside to produce "near constant barking" I can produce videos from the security system if needed to prove this actual FACT. I do however own 1 pathological barker, small dog. We work with her diligently, Daisy, she was a severely abused rescue who is triggered by absolutely any noise. She is 7 years old nearly, and muzzling her brings out further PTSD issues in her. I can only offer to continue to work with her. She is a work in progress and spends the majority of her time inside the house. When we remodeled the home in 2008 sound proofing sheet rock was used to be more noise conscious and considerate to the community. QUOTE: Does it detract from quality of life? You bet! If you don't know what I'm talking about; you're invited to _ live in our spare bedroom for a week. You'll think we're crazy for having not moved or raising hell with these folks. That's my fault, and I've become somewhat numb to it anyhow. 1 never want to Inconvenience people, even those whom I despise. More Importantly, I don't want Rachelle or myself to be harmed by retaliation from raising conflict with the neighbors; it's never worth it. If these folks are smart enough to realize their massive burden on the neighborhood, then they dorVt care anyway. This commentary speaks directly and in contradiction to his earlier statement of Anyone will tell you that we're pretty easy-going and peaceful people. I have a thick skin and don't let too much bother me, probably to a fault. That's why you haven't heard us complain about disturbances by our neighbors' dogs, trash, late-night skid steer work, etc. An average neighbor would've filed complaints, called the police, etc. long ago. We have never been approached by these particular neighbors in any degree, yet they claim they are concerned with being "harmed by retaliation". There is absolutely no basis for this statement. They do not know myself or my family members, they are simply making a statement to attempt to bring a dramatic effect to their perceived plight. A normal Fear baiting tactic to justify commentary of "despise" of people they do not personally know. Sadly, a modern wide spread technique to achieve whatever goal they have in sight, or simply to be heard. We have more respect for people than that in this household and frankly I am concerned that a neighbor we've had no communication with would allow themselves to be so upset and outraged without a simple knock at a door or a comment in passing that could serve to alleviate and resolve some of their concerns. RE: 'If these folks are smart enough to realize their massive burden on the neighborhood, then they don't care anyway". The property to the west on the river was purchased by my family to do several different things. 1) preserve the property from being developed and subjecting ours and the 2 properties adjacent to ours from the straight-line winds caused by heavy storms up the river channel. 2) To preserve the ability of the many neighbors and neighborhood children to have the ability to continue to use the property for atv trails, access to the river, fishing, dog walking etc. Due to the sloping of the grade between my property and the adjacent south neighbor property, we went to great extent and cost to install a massive rock drainage field with lead routes to prevent the flooding in the spring and water encroachment on the neighbor's driveway. This had ZERO effect on our usable property, yet was the right thing to do in my opinion. My ex-husband caused my neighbor to the South a tremendous amount of stress and annoyance. Possibly even as much as I was caused. They are wonderful people and have been a great encouragement in our efforts to continue and finish things here. Trash- Check out the fence line on our side. I know this sounds impossible, but we've watched trash get pitched over their fence and into our yard. We occasionally walk the fence line and pick up trash, and it's apparent that the wind didn't blow it there due to the brush situation on our side. Over the years, we'd find fast food bags, plastic bottles, TONS of construction waste (plastic, wraps, tarps, pieces of broken concrete, chunks of cement sculptures, even a wrought -iron bird cage -looking thing). These neighbors bring littering to a new level. On one occasion, we were backing out of our driveway when Rachelle noticed a guy pushing a massive armload of tree trimmings over their 7ft. fence and onto our yard. WHO DOES THATI 111111?????? 1 had to physically restrain Rachelle who was swearing and trying to get out of the car to accost that person. Again, it's just not worth it. There area lot of people who live or hang around that complex, and the crazy shit they do makes me think they might as well be dangerous too (especially with their lack of regard for their neighbors). Facts: the fence line on their side. 1) 1 own 4 feet past the fence, per code. And our fence is 6ft, not 7ft per code. Facts matter 2) They have also watched a crew scrape and remove the ENTIRE 4 ft of property line on that side of the fence. 3) We also walk the fence line and pick up trash. We are the only property with an entirely encompassing privacy fence. This neighborhood sometimes gets up to 50 mile an hour winds, we pick up trash of products we don't use all around the outside of our property line. This past summer, we replaced/reinforced all fence posts, cut back all brush around the property within our 4 feet. Contractors and family members did this and yes it was an inconvenience to all to do it, but necessary for structural integrity and upkeep of the fence. I do not believe the complainant is aware of the property lines, or has any consideration for the value and effort of the work we have done to OUR property and therefore the neighborhood property. Simply the misunderstanding and weight of not bringing something to my attention so I could resolve any concern. 4)Having to "physically restrain" anyone from attempting to "accost" a worker on another resident's property (male contractor) is a very concerning statement, for many personal and legal reasons. This is threat of intended harm to another person, a resident insurance potential issue if harm had been perpetrated, a criminal issue as well as a civil issue. It truly is quite a statement considering we are the ones being accused of having potential for retaliation. That speaks to the character of the individuals writing the OP ED submitted. A simple solution would have been to bring the matter to my attention (if the matter was real, as the contractors mentioned nothing) for a simple resolution. 5) "A lot of people who live or hang out around that complex." Gardeners 2, once or twice a week Contractors 2, each with 1 or 2 employees — have worked here mostly in the winter, and spring, and some summer for the past 3 years in an attempt to remedy the destruction of the property my ex-husband who had to be civilly evicted from squatting in my garage on the back of the property, did to the property. 2 adult 28 and 30 -year-old children of mine. (1 present daily, 1 who visits) 2 adult "bonus children I took in from a young age" now 25 and 26 (who visit) 3 grandchildren ( ages 5 and under who visit) And 2 years ago, 2 homeless adult children of a friend that had turned their lives around and needed some help continuing a path towards a better life. Both successfully moved after 1 year to their own residences and continue to do well. Currently my elderly sister from Maine who is here to assist me while I continue cancer treatments. We do not have parties; we do not have large gatherings other then at Christmas. On an average day (80 percent of the time) there are myself, My son, and now my Sister present on the property. Other family and or contractors or gardeners or lawn care company at the most present 20 percent of the days ever. I do not in any way feel that Contractors and family members constitute "a lot of people" and I find it a shame that they seem to attempt to apply some context by the use of the word "complex". I have a large home, I had a large family, I pray they learn to have a little less uneducated judgement in their life so that other's may not judge them. Judgement and embellishment that can be proven false with actual documentation is a venture taken with deeper intentions. QUOTE: Skid steers, etc.- Our neighbors' complex has been in some state of construction since well -before we moved here in August, 2008. For the first several years, they'd be running a skid steer and other loud equipment day and night. I'm talking lam ... our house is in the glow of flood lights and someone is going to town in a Bobcat. Engine noise and the constant "crash -bang" of implement work. Again, who does that? This statement is completely irrelevant at this time 2008 several years? Well sir welcome to 2019 and the individual responsible for that was my Ex-husband 5 full years now. I can supply his name for you to contact him directly with the rant you wish for him to hear and understand. However, I assure you, he did not and would not care. I on the other hand with my children and friends have completely remedied the trouble he caused both on our property and in the neighborhood. We have gone above and beyond. Without receiving assistance requested of the police department for intervention in his behaviors. Had you taken a moment to actually make the effort to inform me or my son of your concerns, we could have made the effort to bring understanding to you and made a difference so you would have not been "miserable". You did not afford us that opportunity. But I sincerely apologize you suffered, I also suffered so did others, no one is suffering now. Current facts go a long way in healing old wounds. QUOTE: Getting back to the point, we don't care if neighbors have private kennels, a horse corral, satanic cults, car shows, massive stashes of narcotics, etc... not my business. Please stay out of ours and possibly refrain from constantly littering on our property? The problem is this: I don't think these people care, and I can only assume the dog noise issue will increase. If that happens, we'll be even more miserable here and likely move. More likely, the next folks to live in our house will raise hell with these neighbors and cause a war like any reasonable neighbor should be doing. I refuse to raise issue with them for fear of retaliation, and at the end of the day we just want to be left alone. if the neighbors can have their private kennel, quit littering and keep the disturbance to the current level of obnoxious, I say go for it 0. 1) Accusations are a thing that should be thought through thoroughly, they have no basis in fact and sarcasm such as this does nothing to further an actual resolution, however they go a long way in deformation of character and calling attention to one's true nature. This OP ED has now raised concern, I did not prior have, for the safety of my animals and the people on my property at any given time. 2) The mention of war shows true intent of this Op ED from this "neighbor". The previous mention of "restraining" his Wife from proposed assault speaks to the same intent. "fear of retaliation" serves to show justification for their proposed Intent. 3) No cult here, Roman Catholics. 4) No horse corrals, No Car shoes, No narcotic stashes, no drinking or drug use either. 5) Just the desire to continue to care for the present animals we took responsibility for, for the extent of their lifespan we were able to provide them through their rescue. I received this email through Chris Leeseberg/ City planning 5/24. 1 promptly took property pictures the same time as receiving it when I returned home. Perspective pictures from street, view of our property from their property. Their property from our property. The entirety of our private back yard, my family's property across the street, the "security light" complained about, and the 4 ft of our property line outside the fence on the North side. As well as pictures of several items of trash that we picked up while walking that property line that were not ours. They are products we do not purchase therefore we do not produce. The exception was a bird house fallen and damaged off of our fence from the last rainstorm we just had. My OP ED re the subject: Fact, in 20141 finally managed to successfully divorce an individual that happened to be a methamphetamine addict. It was a very long process to that victory. It was a success gained after years of attempting to receive assistance from Police. Outside intervention resources, civil court retraining orders and failure to overcome his police "friendly informant" status. At the time of the divorce he was granted 2 years access to the garage on the property which resulted in an unforeseen consequence, He and another individual literally barricaded themselves in the back garage on the property. The legal battle and attempted involvement of police to assist continued. Unfortunately, meth addicts have no respect for property, others, or laws. Including but not limited to: bobcat usage in the middle of the night, pointless fidgeting projects of building retaining walls in the middle of the night, break ins of my own home, theft, destruction of property, annoyances beyond comprehension including deterioration of property, driving for years with no license with no consequences from being caught. Sadly, my life was threatened after an Elk River officer informed my ex-husband, I was the one who reported his activities and in exchange for "potential information leading to a bigger fish" for the officer. Out of this fear, after an extensive legal maneuver I obtained an eviction settlement. It was not honored; I tore down the garage to force its finality Feb 2016. 1 then worked tirelessly with great expense, assistance from family and friends and contractors to repair this property and amend for the embarrassment this individual caused in this neighborhood and to my family. This was done while I went through 3 cancer treatments in 2 years, determination to set things right has been a preset in this household. It is now finished. Finalizing it with the rebuild of the garage in winter 2019. 1 include this information not for consideration but for the benefit of the "neighbor", as most of it is a matter of public record. Despite his intent, wording, insinuations, and clear despise of animals by wording used to reference them (critter, yapping dogs), I actually respect that he was inconvenienced AT A TIME, FOR A PERIOD OF TIME. But I say this, I am home with these animals the majority of all hours of the day. I know exactly how much the animals bark and have the ability to impeach the neighbors accounting if needed. I would respectfully ask this "neighbor" as I now understand his distain for animals and people, he does not know yet "despises" to gain some respect or at least consider that other people, primarily this household as an example, have a care and concern for all life and living things. The majority of the animals present here are animals we chose to take in to care for, animals that had they been left in their situations elsewhere would have more than likely been put down to spare vet bills for health concerns with life ending potentials. These were not easy choices; they were choices made with great consideration and heartfelt desire to do good in this world. Please sir, take the time to actually meet a person and ask what they are about before taking to assumptions. I assure you, if my family would take extreme efforts to avoid the harm of an animal and save their life, my family would also never "harm" or "retaliate" against a person. Even a person who would use a letter to the Planning Commission to voice their thoughts of having to restrain themselves from personally harming us. We would much rather see you and your wife seek the help you need to find peace. My offer to this neighbor directly is this, you are welcome to come walk through our property to correct your opinion of its blight on the neighborhood. You are welcome to come and take whatever you would like material wise as a gift to build and properly place your fire pit to safety standards, and avoid its smoke flow from being so close to our windows and ventilation system. You are welcome to come and meet our animals, though you show clearly you have issues with animals, it may benefit you to allow them to know you so they do not feel the need bark at you. Of course, granting you the benefit of the doubt that you would not use their knowing you to cause them any harm. I will be more then happy after reading this complaint to put a solid wall of spruce trees from the front of the yard to the end of your house line on my 4 feet of property you utilize to ensure there is no need for you to be disturbed by any view of my property, this should also lend to block any security light issue and possibly even assist in restoring your peace of mind. It certainly would assist in resolving my concerns after reading your intentions towards us. I do not "war" I repair. Respectfully, Karen Randall Attachments: Statement from Contractor Statement from Contractor 2 Pictures labeled specifically to associate with claims made by email correspondence by North adjacent neighbor. Pictorial walk through of property. W MM ESA JE 494 NEC a. _ s^y s- ,� -!q` •.ars; .`fir e•' • � -�j1 .- - . • .. Y{+W R lMAti'' 40AWL `•� � ��t . ;� �• �}:. yP - � S ��.��y� '4,•F� .} y� r HBe �. �r - vy Vic_„ • _ .�• � • � - 'i" "� � a�', P; '-�. Y ��CC��..,__ !e r Y�.`. _ tl 1C. rr tg - # LJLILYLI 494 NEC a. _ s^y �t.� Ay` � ;r�.�,�•-� .Rye •SJ:� • -}. ,..� > �' ��e'_•' i • .% :. fir... ,,'- r .1 �41 - � .�.�•r:.' ' t :,r r, � r '_�. � ••;kyr e?• ��_��; ' •i'. s �� ^ .` r .4 +�Yyr mac, -n :� ' ? . r� •� • -_ •. ice•: • - J.� f -!r" � :�\ • � ., � ;.a. `� � � it e •.e ..:� _ --�'a.+�-'�!• ►- +'� r tiiz — - _. .-_ — i, R�y� � — .— .-_ - � .rte .,��%R�.rr� �• Y`Y � :'y .i r t pp,�, s, ,. .�}!:i •fit. v Yr'•:1 - / * • - ',n.r `j. �,' � _ � �"J� r �-.• 'gay �, .; � .•1 S � i •*' ,.pl` �. � .r• �,� Pr. .. k�'–•• •+'�i�� `.e rti ;.. .• •4.7-�... _ _ .. Z'•�`�;�r�,. . x.;� rte, :�.?:.- •:=•�,• _ #: yrr�.l'rliV :r-.;ti1•.+ - r _ •t,_1 - ... � ! - i+ � ti�',1' .ti�yy � - •� ` `rr:�� • -`,4.-.C.. y • i d.f .�T.�_ r.l ?�f '•� ^ � ��.ms`s ..�. Age`rti' $ •. r'r ~ • 5� :: • _ _ s 1! 9 T + -. V I EW PR DILA OU RIP - T- ' ' y- RemWN '4 ` TTT _ •' F !� Alt ri ■ 7�rf�,�a3 r ;�� e A. fri'��p`�, - r'•+ • -:. � ''�7' f5.�_ f'• .. X., '74- �I 11 .. , ` - -� !i\4' �!�•" '�L Y�• r'- _ - •, VIEW F OM NORTH INTO OUR FRONT YARD ' � ,x'yr ��• �• 1. � ' '1' r �V� '`fry ,'�� *`'�' 'Y _ ' a ;�:•' •r? �,' � t� - Xq .iy` • .:.tip. �."• i-il` �� , i . .'_ -i .`4 -' .. . . CONTIWED 4q5TH.ADJACENT PR -TY'LINE . ., t.+�(.•' Y t fix . � . , NORTH ADJACENT PROPcRTY LINA Ak �^+� I IT �•� •� � ,. _Y i ^ ; 1 -. ?!'. VMY., •, __ rel^ � �.•' ��e"•}� ' ' • �'L �„� ' - '. .}� �''� � �, ��' �:�;, �ss';f, ' ',, v - 'fie -Y � • . ,,fir .. ILI • _ •� _ .v Y- � '^V r h 'fir icy - �.� � � Y�0�' r ai : i K .� f • -r 41- Frl CONTINUED WALK DOWN PROPERTY ~ LINE ADJACENT NORTH • - r ," � � - r -.-rte' h . �!�' . - if -:f ^�"" l4� _+:.r'.P.�^'��•i. _ Vii.` Y Y�Y•. ti+�� _ - .. 1 �F r� y l v 1 �F ,��y' _„ of •r y .,i. •0', go .:f: _.may - -i _ •.7r i *;�_441 - `tot fir [ r v ti r ' � ,='•4�j,, •L� � dw �, � byIp r y EI�HSQR FIRE PIT 1144 49, y i ;Y a i •� �• p I f � o . This ends the view of their property from ours. ON OUR WALK DOWN THE LINE We Came across these items of "trash" A bag of socks brand no nonsense, a generic pop can, ice mountain water jugs. These are not items we purchase therefor not our "litter". We cleaned it up. y .tt--, �� r,ax .x: T rB I�{,% 7�� l3 �r�rT NA^� ° - •° � f - z � ' k "` � ��:,, �r � �, t.. �, > .� � ': �� i '�4�' +y r �`°7i i,��k� �i y -t, �+', �,. �C.•�d i4" 1 ;�' -q �''�+. � e fir. _>�+ ��\ ��i#�>��✓.C�•S �Y:'e x ... �'' 4:�, �1:' i - - a '. fa .f * t�fs"„ ! `� 1 a • ` � T� k�i�+` : �' �� i 15��s�,� � ct �-e e '� - i4 > �� 13 � ii. ,r 5 • '•gin'" '��'y� }. ,$ t'Ar* F ° r`,ar" }i. A# v .. V, a •l;+F `.- l. a `. `a �.•}.1 .,y a �r f�ffa•#! 9- Y,� sF ` t '� °!o�`� r es a. h` y 'C�, r' 1 .i . rte' e � < ti, r � 1 < � n : a a Sb � • '}jA��"``-3 �� r. � r. a / 9': 1;0 a2t _ -, THE FOLLOWING PICTURES ARE OF THE ENTIRETY OF OUR BACK YARD. Starting at the very back up to the house. The garage was recently built and is still being organized VIEW OF OUR GARAGE FROM NORTH ADJACENT PROPERTY i �R.' _ • � � * . � ,}:rte r' � �r"� � _ �;,r � fro 911 r T•`x'' yy .•�. Y~�1 ' - - +fir _ .�- • -.. � _ .�'t�.��-• J� IK w #1iWL7 IL I' 111T q al RPX 4; ��x �' `•f'io b� �� -� ,' '• _ - � Tr �� _ti .••Y .•�` - .. - � 1 it ti • .Y• -�.• - ,Tres �:- - y• �'} � aM'1 - .. i-•' i - s - r�. '.�. -.-� 'r � .. jam. - •',, .:�-+_'••, }..,,,,7777 _ r • s • ♦v ' 1w. W 1K - if �4j- A; 1 by .PI r �� ..� •cam" 4 - � - • - � _ �, moi: :. - r �. •• { �_ -fix: F AL 777 � 1 L _ -� - sR-'• - i J* tom' •�' - .y. ¢..w -~.�.� :'F?'��.c .•�� '••-.r �"+'•' -�-`F L s ' . � _- "a `r. . `# � •nt •�. �e z _ � � i J S may. 7 y '^�. � - --• .�;rte - -.. ..may. ��. .�, - _ .�`' #��• .'�.=fir': =�' .• =s. y' •' .'7� �� r• r. _ .. t y ' _+err _ _ � '�' • °i - , - -R s ;%m. - _ ,r �r►rsa� _ c ,fit jar 71 • lir• �-�..' '. 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Note there are trees blocking it as well Visual showing with our security light on, their light is on — lamination from our security light doesn't reach their home through the trees. Their Front and Back Porch light — no lamination present from our security light Inside Our Home 12x12 room converted to indoor Kennel for Large dogs when needed. q, 3 *douf PC, ala-9I(9 May 26,2019 My name is Anthony Crandall, I have done a few projects at the 19101 Zebulon St. NW residence of Karen Randall. Most recently the build of the garage in 2019. We built the garage in January through February, being dark by 5PM so we were done long before any noise ordinance would be in effect. The customer was very on top of making sure that there be no disturbances to the neighbors, that the area was organized and cleaned up appropriately. I've also worked in the house on the installation of a new exterior door to the back of the property. Ms. Randall has told me of the complaint from the neighbors and in my experience on site as well as In the house, 1 have not experienced any Issue of constant barking from their dogs. In fact, in my interaction with the animals, they seemed well behaved and well cared for as well as friendly. 11/.sr/ '50 CC), : rrknor No" A �= semar m"Oft ON conwr"on Ens a1, 20 a 3 . e6f «ndov6 Leeseber , Chris 9a.0n From: DAVID GILGENBACH — Sent: Tuesday, May 28, 2019 4:36 PM To: Leeseberg, Chris Subject: [EXTERNAL] Public Hearing Tonight on Private Kennels Chris, David and Karen Gilgenbach, 12473 191 st Ave NW Elk River, are responding to the the conditional use permit requested by Karen Randall at 19101 Zebulon St. NW Elk River We have a prior commitment at our church this evening. Thank you for allowing us to send our response to you. We ARE NOT in favor of approving a conditional use permit for 13 animal units for the following reasons: - A large kennel area such as requested is not appropriate for a residential area. Neighboring homes are located in very close proximity to each other. There is not a lot of land surface between between neighbors to cut the animal barking. - Dogs do bark. Noise carries. Even brief dog barking when you are trying to enjoy your home and yard is disturbing. - Are the enclosures/kennels sound proof? - This type of establishment would interfere with quality of life, possibly even resale of homes in the neighborhood. - It is stated that animals would be vaccinated in accordance with the city ordinance. Is this just rabies? There are other zoonotic diseases,(animal diseases that affect humans) lyme disease, leptospirosis, heartworm, that could potentially endanger other pets in the area. Thank You