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7.1. SR 10-21-2019City of Elk - River Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearinj October 21, 2019 Chris Leeseber , Senior Planner Item Description Reviewed by Conditional Use Permit: Private Kennel at 617 Zack Carlton, Planning Manager Gates Avenue, Marvin Ziner Reviewed by Action Requested Direct staff, by motion, to prepare a finding of fact denying the Conditional Use Permit as the seven standards required for approval are not satisfied. This would be brought back for consideration during the November 18, 2019, Council meeting. Alternatively, the Council may discuss specific conditions associated with approval of the application. Background/Discussion Case No. CU 19-15 The property is zoned R1-c (Single Family Residential) where Private Kennels require a Conditional Use Permit (CUP). Kennel, private, means any premise where more than six (6) domestic animal units over the age of six months, are harbored or kept. 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. The applicant is seeking a CUP to allow 21 Animal Units (show and wool rabbits) on the subject parcel. RR 0� _ • CR 33 Planning Commission During the public hearing, numerous residents voiced their concerns on the run down condition of the subject parcel (images were submitted) and questioned how the applicant would be able to care for rabbits when they cannot care for their property. The Planning Commission voiced the same concerns and stated the property needs to be in code compliance. The Elk River Vision A avelcoming community avith revolutionary and spirited resourcefulness, exceptional p Q w E H E u e T service, and community engagement that encourages and inspires prosperity ,� g /� The Commission recommended denial of the request, citing regulation #7 would not 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. City Code Enforcement staff have been working with the property owner this past summer to address numerous violations. An inspection was first completed on August 8, 2019, and staff cited property/landscape maintenance, long grass, and odor violations in a letter dated August 8, 2019. The property owner contacted the city on August 19, 2019, and stated he would not be able to address the violations until May of 2020. Staff conducted follow-up inspections on August 23, 2019, and September 273 2019. All inspections have failed, and staff will be moving forward with additional code enforcement activities to address the property maintenance concerns. Financial Impact None Statutory Review Period Per State Statute �15.99, the required 60-day review period ends on October 25, 2019. If the City Council decides not deny the request and postpone action, the review period will need to be extended another 60 days. Attachments Planning Commission Memo dated September 24, 2019 60-day Extension Letter Submitted Site Photos N:\Public Bodies\Agenda Packets\10-21-2019\Final\7.1 sr.docx River Request for Action To Item Number Planning Commission 4.2 Agenda Section Meeting Date Prepared by Public Hearings September 24, 2019 Chris Leeseber , Senior Planner Item Description Reviewed by Marvin Ziner — 617 Gates Ave. NW Zack Carlton, Planning Manager ■ Conditional Use Permit (CUP) to operate a private Reviewed by kennel (keeping and raising show rabbits) Action Requested Approve, by motion, a Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The private kennel shall be limited to 21 animal units. Additional animal units will require an amendment to the Conditional Use Permit. 2. The cages housing the animals shall meet all accessory structure setback requirements. 3. All on -site animal waste shall be picked up and properly disposed of in a sanitary manner off -site, twice a week. 4. The removal of animal waste shall comply with Section 10-9. 5. City staff shall regularly inspect the premise for compliance with city ordinances. Background/Discussion The property is zoned R1-c (Single Family Residential) where Private Kennels require a Conditional Use Permit (CUP). Kennel, private, means any premise where more than six (6) domestic animal units over the age of six months, are harbored or kept. Animal unit, domestic is a unit of measure for domestic animals. Domestic animals under 20 pounds, at full maturity, count as one Figure I (1) animal unit and domestic animals 20 pounds and over, at full maturity, count as two (2) animal units. The applicant is seeking a CUP to allow 21 Animal Units (show and wool rabbits) on the subject parcel. The 8 French Angora and 13 Jersey Wooley rabbits are kept in cages. In the summer months, the cages are located under the overhang on the north side of the house and in the winter months, they are housed in the garage. The rabbits are raised for showing and their wool. Applicable Regulation The Elk River Vision A n.,elcoming community nvith revolutionary and spirited resourcefulness, exceptional p o w E n E o e r service, and community engagement that encourages and inspires prosperity [NAWR � 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: 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 orgeneral n elfare 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 over three times the allowed animal units to be located on the subject parcel. Without specified conditions, having an increased amount of animal units could lead to public health issues and excessive odors. The city has received a couple of complaints regarding odor coming from the subject parcel. To address these concerns, staff proposes the following conditions: feces be cleaned from the property twice weekly; limiting the number of animal units to 21; and requiring the cages to comply with the accessory structure setbacks. 2. Will be consistent with the Comprehensive Plan. The property is guided for residential uses that allow private kennels. The use will be consistent with the Comprehensive Plan. 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 vacantproperty. As there are no vacant properties in the subject area, 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 di posal, water and sewer ystems, parks and schools; and will not, in particular, create traffic congestion or interference nvith traffic on adjacent and neighboring public thoroughfares. The use 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. Staff does not see a need to impose specific conditions to satisfy this standard. 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, fumes, glare, odors, dust or vibrations. Animal waste and odors 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 odors. To address these concerns, staff proposes the following conditions: feces be cleaned from the property twice weekly; and the private kennel shall be limited to 21 animal units. N:\Departments\Co=unit5T Development\Plaiuiing\Case Files\CUP\CU 19-15 Ziner\4-Plaiuiuig Commission\4.2 sr CU 19-15 PC 9-24-19.docx 6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The use 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. iVill fully coVyn4tb all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orpermit to establish and operate the proposed use in the city. With the proposed conditions, 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 Statutory Review Period Per State Statute �15.99, the required 60-day review period ends on October 25, 2019. Council Meeting If acted on, this item will go to the October 21, 2019, City Council meeting. Attachments ■ Location Map ■ Applicant's Narrative ■ Site Photos ■ Section 10-9, Removal of Animal Feces N:\Departments\Co=unit5T Development\Plaiuung\Case Files\CUP\CU 19-15 Ziner\4-Plaiuiuig Commission\4.2 sr CU 19-15 PC 9-24-19.docx • � r Chris Leeseberg, Senior Planner 13065 Orono Parkway Elk River, MN 55330 Property Description Sec: 34 TWP: 33.0 RG:26 Lot: 42 BLK: Acres:.23 Walker's Addition Revised Lot 42 Property ID: 75-417-0420 Description of Project Narrative RECEIVED AUG 2 6 .2019 It was my understanding that the raising of show and wool rabbits was grandfathered in for this property since 1990 and for the previous property 557 7th St since (1975-1990). The rabbits 8 French Angora and 13 Jersey Wooley are housed in cages as specified by the American Rabbit Association. In the summer they are housed under the overhang on the North side of the house and in the winter in the garage. The rabbits are raised for their wool. The wool is harvested by plucking. They are not killed. This is greater than the six rabbits under the City of Elk River Comprehensive Plan. This is a family operation. My son Dale shows and cares for the rabbits. Hours of operation: Caring and feeding the rabbits. Number of Employees: None No additional parking stalls. No additional building materials. No signage. Outdoor storage: In the winter rain panels are stored under the overhang on the North side of the house. Out of sight of the public. No Erosion problems on the property. All other measures were addressed when the house was constructed. Applicant Signature: r Date Print Name—�f�' �' October 15, 2019 Mary Ziner 617 Gate Avenue Elk River, MN 55330 Dear Mr. Ziner On August 26, 2019, the City received your completed Conditional Use Permit (CUP) application for a private kennel located at 617 Gates Avenue. State Statute requires a decision by the City within 60 days of this application. The Statute also allows the City to extend the timeline an additional 60 days if necessary. Due to the recommendation of denial from the Planning Commission and the possibility of denial from the City Council, the city will need additional time to draft findings of fact for denial of the CUP, the City is extending the 60-day timeline to December 24, 2019. Please feel free to contact me if you have any questions. Sincerely, Chris Leeseberg, Senior Planner Ph: 763.635.1033 cleeseberg&ElkRiverMN.gov 13065 Orono Parkway Elk River, MN 55330 Phone: 763.635.1000 PV01#1HID 09 4A URE www.ElkRiverMN.gov e. ee Ar ,r 7 ?Aw y R - r e e # 9 ILA* { h # -j e r r loomAim�.T�y t 9F i too r A. " _41 Y" A 9F4�. # �C RL 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) v 0 a :� ,� ,� ��, � �..� 0 fi ccbq jo ilk ul" r 1* I.w 9 - W-.0100 WN i L � •_ 0 z U4"i—ftWM . 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Atary do C� }- 1NeQrc-dlcf o(We- fc7 G#,¢r7J jony�L '7OgTa'y"', un orfU na f e- cis c� �� ufide Z�`n �� pro i cge are- filer n �n rN"'6 r® er appearanC�ha57 11 � ever�ot��r'e�' Ui'l�e� e`cct�l� j � ���e✓C�u��S�er r t� dc� �e H, a � IIW OL S"�e �) ► W j 4� ci o ®T c ab r + ��r Je Yale" �ack Y� C�� lS w�`� �u1�✓�7�]es� beld`ev'e -Me r� bo�yb� i C TtE,� S 1-0�E CHepw,tdp-r55 cpvep,, ADD FuT-URE 3,9-PE l O-03 <rHfi:5,Xjff f-APrej/A/ TW P t, w� So 0w i-1 c) (.- Tn-- e f -Y s (J o Q`_A AF(3'1-.O: rH IH 5 PERfn r7" PEU D rA16 5,r(sFkcrOA� �m,0q©vf-M.F lvT 0 6v5:® o rrj0rus � � f 7Y F :r1j5 Pe.c-i-f-P,57vvd No lJ� 1 ZO f "!4 8 a 0. 11 Y "i, lot: 1 r i "i .y i 4 qAMM W .�, aB N-� t ► ., 3 r ��• �` "�""�'" 1t' �.. __ �.++aw-.�.• ate. * -44. • ' loop M" - f diva T ° j dr• j db - �h y 1 ■ • At a N 0- lb `' 40 M - r Conditional Use Permit 701 40 iner Ziner Conditiomql Use Per remit: Case No: CU 1 -15 River Background ■ Zoned RI -c ■ Private Kennel = CUP ■ Kennel, -Pnivate, means any premise where more than six (6) domestic animal units over the age of six months, are harbored or kept ■ Anll;val unit, dol;lestic is a unit of measure for domestic animals ■ under 20 pounds = I ■ 20 pounds and over = 2 Background ■ CUP to allow 21 Animal Units ■ 8 French Angora ■ 13 Jersey Wooley ■ Rabbits kept in cages ■ North side of house in the summer ■ Garage in the winter AA IL. Lie ` t #'_y�- IV. ` i M 46 lit n 1 " el � F y ism ,. s' F 46 S 11.y9 y vi f, low I . fd n y: 9 z � Is z N a1 , s f a A MOT -ANN 41 AO A 4�ii tll t7- F me 4 W, Tim i iLti !i 0 !im MM Ian I � _r*-c,-"�;►•..r--��*...._ � ,,..,� s►e,rp'i�r=-"ter — r���=- j' lrTim ,- i` ! ' J %1M IIII i,, E iON MEN �.a��f� �� --�1.•l.' ^�/v���{f'�?�� -� � � _r-- p � Asa ��';Ri �,1�lI�I�IIIIII ��w�I> f1111111111i iL 11 I I;�Ii1�� c'r� INFIRM., f111�1 So r gym•'�ir .....,..et Planning Commission ■ Numerous residents voiced concerns with property and the request ■ PC agreed with the concerns Code Enforcement ■ With recent direction to proactively address code issues ■ City staff has been actively working on this since August CUP Requirements ■ The PC recommended denial... citing regulation #7 not met ■ Dill fully comply avith all other requirements of this Code, in any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Action Requested ■ Direct staff, by motion, to prepare a finding of fact denying the CUP as the seven standards required for approval are not satisfied ■ This would be brought back for consideration during the November 18, 2019, Council meeting ■ Alternatively, the Council may discuss specific conditions associated with approval of the application City Council Meeting ■ Per State Statute §15.99 the required 60-day review period ends on October 25, 2019 ■ A 60-day extension letter has been sent to the applicant Ziner Conditiomql Use Per remit: Case No: CU 1 -15 River 1. Alp.y ILL X F x jo 64 co 11 4-4 Milk Id GYP F •a � y r } w * 3 F F �. e a s' '. . ... �ekr p` r �4 •, � r ,.���. ti •. -,ham 4 �,. -, o .JYi s i , (r _..-CiL- .. 44 PA I 111 i Y s.• • , r _ _Ik�,, - . 1644r 14 R K I I Ow .• . f .�. . Y t.. 44 .Jr • Y� P 4 W-1 7% lei, it 16 7ot f,4 wA If QA- A. 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