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4.6. SR 11-18-2019 Eclty1� ,.,�� Request for Action River To Item Number Mayor and City Council 4.6 Agenda Section Meeting Date Prepared by Consent Agenda November 18, 2019 Chris Leeseber , Senior Planner Item Description Reviewed by Resolution for Finding of Fact: Conditional Use Zack Carlton,Planning Manager Permit,Mary Ziner Reviewed by Cal Portner, City Administrator Action Requested Adopt,by motion, a resolution of making findings of fact and denying a Conditional Use Permit request by Mary Ziner for a Private Kennel at 617 Gates Avenue NW. Background/Discussion Case No. CU 19-15 On October 21, 2019, the City Council reviewed the Conditional Use Permit (CUP) request from Mary Ziner for a Private Kennel at 617 Gates Avenue NW. Council evaluated the application against the standards for approval outlined in City Code Sec. 30-654, and concluded the standards had not been met. The City Council voted 5-0 to direct staff to prepare a resolution outlining the finding of fact for denial of the CUP at their October 21, 2019,regular meeting. On October 21, 2019, Council continued the item to November 18, 2019, to allow more time for inclusion of additional finding of fact. Statutory Review Period In accordance with State Statute §15.99, the required 60-day review period was extended to December 24, 2019. Attachments ■ Resolution for Finding of Fact ■ City Council Memo dated October 21, 2019 ■ Planning Commission Minutes dated September 24,2019 ■ City Council Minutes dated October 21, 2019 The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAWRE1 City of Elk River Resolution 19- A Resolution of the City Council of the City of Elk River Making Findings of Fact and Denying the Conditional Use Permit Request by Mary Ziner for a Private Kennel at 617 Gates Avenue NW in the City of Elk River WHEREAS, Mary Ziner ("Applicant"),has applied ("Application") for a Conditional Use Permit for a Private Kennel at 617 Gates Avenue NW (Case No. CU 19-15); and WHEREAS, the Planning Commission held a public hearing on September 24, 2019, to receive testimony and evidence from city staff, the Applicant and any other persons regarding the Application; and WHEREAS, the Planning Commission recommended denial of the Application,moving the Application forward to the City Council; and WHEREAS, the City Council held a public hearing on October 21, 2019, to receive testimony and evidence from city staff, the Applicant and any other persons regarding the Application; and WHEREAS, the Applicant and all others wishing to speak were given the opportunity to present testimony to the Planning Commission and City Council; and WHEREAS, the City Council, at the conclusion of its October 21, 2019,public hearing on the Applicant's Application, directed city staff to draft findings of fact denying the Application and continued the item to November 18, 2019. NOW, THEREFORE, the City Council of the City of Elk River,Minnesota,makes the following findings of fact and decision with respect to the Application by Mary Ziner for a Conditional Use Permit for a Private Kennel at 617 Gates Avenue NW. FINDINGS OF FACT 1. The building at 617 Gates Avenue NW, (the "Property") was constructed in 1955 for use as a residential dwelling. 2. The Property is zoned R-1c, single-family residential. 3. On August 26, 2019, the Applicant submitted a Conditional Use Permit application for the Property,proposing a Private Kennel, for show rabbits. 4. Show rabbits are considered Domestic Animals pursuant to the City of Elk River Zoning NATUREJ 5. Exceeding more than six Domestic Animal Units in the R-1c zoning district requires a Conditional Use Permit. 6. The applicant was seeking a CUP to allow 21 Animal Units on the Property. 7. The Planning Commission, on September 24, 2019,held a public hearing and voted 6-0 to recommend denial of the Conditional Use Permit, citing standard number seven was not met. 8. The City Council, on October 21, 2019,held a public hearing and directed preparation of a resolution of denial on the grounds that the application does not satisfy standards number one and seven: a. 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. b. 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. 9. The City Council Finds that standard numbers one and seven for approval of a Conditional Use Permit has not been met because: a. A 0.23 acre residentially zoned parcel cannot adequately support 21 Animal Units. b. The waste generated from 21 Animal Units and its odor detrimentally affects public health, safety, and comfort of the neighborhood and the city. c. The property does not comply with all Code requirements with numerous code violations. i. Property maintenance ii. Unlicensed vehicle 10. Taking into consideration all of the testimony and evidence received, the City Council finds, based on the findings of fact set forth in paragraph above, the Application does not meet the requirements for approval of a Conditional Use Permit, and it is not in the public interest to approve the Application. DECISION Therefore, the City Council of the City of Elk River denies the Conditional Use Permit at 617 Gates Avenue NW,based on the findings of fact set forth above. Passed and adopted this 18th day of November 2019. John J. Dietz,Mayor ATTEST: Tina Allard, City NATUREJ /i Elk -�- Request for Action Fiver 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. J Alternatively, the Council may discuss specific conditions associated with approval of the application. "\ CR 33 Background/Discussion Case No. CU 19-15 RR The property is zoned R1-c (Single Family Residential) where Private Kennels require a Conditional Use Permit (CUP). f_HwiO • CR 12 Kennel,private, means any premise where more than six 6 domestic r animal units over the age of six months, are harbored or kept. Animal unit, domestic is a unit of measure for domestic animals. �9 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 Figure i wool rabbits) on the subject parcel. 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 rveLcoming community with revolutionary and spirited resourcefulness, exceptional p Q w E e E o e r service, and community engagement that encourages and inspires prosperztyI'MUR 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 27, 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 Elk Request for Action River 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. CR 33 3. All on-site animal waste shall be picked up and properly P 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 RR with city ordinances. Hwy 10 ' Background/Discussion CR 12 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 PR animal units over the age of six months, are harbored or kept. p1 6y I 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 n ith revolutionary and spirited resourcefulness, exceptional P 0 w E R E 0 s r service, and community engagement that encourages and inspires prosperity 11NA U R 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: 7. 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,e are 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. WIN 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 vacant property. 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. Vill 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 ystems,parks and schools;and will not, in particular, create traffic congestion or interference with 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. WIN 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\Plaiting\Case Files\CUP\CU 19-15 Zmer\4-Planning Commission\4.2 sr CU 19-15 PC 9-24-19.docx 6. Wl'ill 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. Will 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\Plaiunung\Case Files\CUP\CU 19-15 Zmer\4-Planning Commission\4.2 sr CU 19-15 PC 9-24-19.docx r r i r un ars 4 uP4 Ln AM c+� r r F E 0 A4 ..f �jr d F , CI rL 1It cm r � � e Chris Leeseberg, Senior Planner RECEIVED 13065 Orono Parkway Elk River, MN 55330 AUG 2 6 .2019 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 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: J r Date Print Name �f'�' � '� C-Ity of Elk River 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 P U f E H E 0 A 9 Phone:763.635.1000 /,M URE www.ElkRiverMN.gov ■ h — t = Y — x -1 � x .r . .,�: �_ i l.. �� 711• -Ae Rr .e , , lox ILI R if, - A � dp f�r F + r • •a r� J , � r ^ • df ^ it :o4L 441 { 'Y 'f .. ..... 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IL . ,�" r Ago r_ -ar or a E iA `n M �r • - ■ 4 ` l �, � M 4 � ` • A � 9► A ■ � 7 1' f r aw. 41 s Aldo W of ' qw ` ORO'e , s r f 0 i Planning Commission Page 2 September 24,2019 ----------------------------- Mr. Leeseberg stated he hadn't received any comments regarding this proposed • development. Commissioner Larson-Vito asked about space requirements for emergency service vehicles to turn around. Mr. Leeseberg stated there is no pull-through planned for this development but that would be available on 183rd Ave. NW with turn-around space in the cul-de-sac. Commissioner Jordan stated the stormwater basin appears in close proximity to the lots. Mr. Leeseberg stated stormwater staff has reviewed this and while it does appear close,staff states it has met all requirements. He stated this is considered a dry basin and won't hold much water. Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to recommend approval of the Zone Change from Business Park (BP) to Planned Unit Development (PUD)with the following condition: 1. A PUD Agreement must be approved by the City Council prior to recording the Zone Change. Motion carried 6-0. Moved b Commissioner Larson-Vito and seconded b Commissioner Beise • Y Y to recommend approval of the Conditional Use Permit (CUP) establishing a residential Planned Unit Development,with the following conditions: 1. A PUD Agreement shall be developed and signed by both parties prior to issuance of a building permit. 2. A grading permit from Sherburne County is required for work adjacent the CSAH 12. 3. Submit plan profile sheets and connection details for sewer and water system additions. 4. A city rental license is required for all units operated as a rental unit. 5. Complete a tree inventory with the applicant to verify landscaping requirements have been met. Motion carried 6-0. 4.2. Marvin Ziner—617 Gates Ave. NW ■ Conditional Use Permit (CUP) to operate a private kennel (keeping and raising show rabbits, Case No. CU 19-15 Mr.Leeseberg presented the staff report. He provided an update to Condition 1 to read as follows: "The private kennel shall be limited to 21 rabbits.Additional rabbits will require an amendment to the Conditional Use Permit." He explained the need to • N X ARI Planning Commission Page 3 September 24,2019 ----------------------------- change"animal units" to"rabbits" as anyone that owns the property in the future could own numerous animal units which could include dogs or cats. Commissioner Larson-Vito asked for clarification why rabbits are considered agricultural animals if the applicant's rabbits are being shown and raised for having their wool harvested. Mr. Leeseberg stated it was a determination made by city staff that rabbits are considered domestic animals as outlined in the city code. Commissioner Rydberg asked about previous uses being grandfathered in and if there were CUPs issued. Mr. Leeseberg stated staff is not aware of any CUPs issued for this property and nothing was "grandfathered in." He stated the animal unit is a fairly new addition to city code. Chair Johnson asked if there should be a condition of no breeding or no increase of additional rabbit units. He also asked if there were setbacks in place for the cages to be further away from property lines. Mr. Leeseberg stated the same guidelines as dogs and cats would be enforced with this CUP, explaining animals aren't counted as an animal unit until 6 months of age • and at that time, they would need to be removed. He stated a condition could be added of no breeding. He indicated there are no setbacks for cages and has been considering since the staff report was written of a 5 or 10 foot setback for the cage location. Chair Johnson opened the public hearing. Allen Whiteoak, 627 Gates Ave. NW, stated he lives next to the applicant and indicated the easiest way for him to deal with the applicant's rabbits was to build an 8'panel fence. He stated the cages are located on the property line and suggested they be moved from the side of the applicant's property to the back yard. He explained the history of problems with animal smell and waste not being disposed of in a timely manner and stated the waste sometimes sits in black plastic bags or a wheelbarrow at the end of the applicant's driveway for weeks at a time. He also discussed the overall condition of the property itself. He was opposed to approval of the conditional use permit. Dennis Heath, 520 7`'' Street, stated his wife, Carol, has called the city and the mayor numerous times over the years to ask the city to get the property cleaned up. He asked about the rules regarding how many rabbits one can keep. He submitted photos of the property showing long grass and weeds,garbage,and an unlicensed truck located in the driveway,a compost pile located near the Whiteoak property • line,and rabbit waste. He stated the rabbit waste rots and stinks because it isn't cleaned up in a timely manner and doesn't feel the applicant should be allowed to have even one rabbit. Ei � rINX, T'IJRE Planning Commission Page 4 September 24,2019 ----------------------------- Peter Warner, 620 Gates Ave., submitted a handwritten letter from another • property owner,Larry Krieg,who couldn't attend the public hearing. Mr. Warner also submitted his own photos of the condition of the applicant's property and expressed his concerns with the health hazard to the neighborhood from the rabbits and their waste,and the vermin he thinks will eventually show up. He stated he cannot trust the applicant to comply with the condition of keeping the rabbit cages clean as they don't currently keep them clean. Carol Heath, 520 7''' St., stated she has called the city numerous times and talked to Code Enforcement Officer Dave Hetrick,who visited the applicant's property and took pictures. She stated the yard wasn't cleaned up but only seemed to get worse. Dale Ziner, 617 Gates Ave. NW, the person who lives at the property and cares for the rabbits. His father is the applicant. He stated he now does twice weekly cleanings of the rabbit cages. He stated he contacts a farmer from Foreston who stops twice a week to pick up the wheelbarrow of rabbit waste. He stated he is trying to sell the truck in the driveway but is having title issues. Mr.Whiteoak stated the applicant's Chevy truck is on jacks and has been on the property for 15 years. There being no one to speak,Chair Johnson closed the public hearing. Commissioner Larson-Vito asked about records of existing or on-going code • violations reported with the property. Mr. Leeseberg stated he did speak to Mr. Hetrick for an update on the code enforcement efforts at the property, and the yard upkeep is a separate issue that is being dealt with. He apologized to the neighbors that the cleanup efforts haven't been as quick as they would have liked and explained a few years ago,the city didn't have a mechanism for prohibitin rabbits,which is why the code changed to include rabbits as a domestic animal. He stated they have received many phone calls about this property in particular and therefore they are requesting the applicant to obtain a CUP. He stated dealing with blighted properties is not a simple overnight process but also shouldn't take years either. He stated a game plan for cleanup of the property will be included to the council information,which is separate from the CUP. Commissioner Larson-Vito stated she felt the condition of the property and the keeping of rabbits are related and asked if existing codes aren't being followed, she asked why the Planning Commission would have any reason to believe the conditions set forth in the CUP would be mitigated in this instance. Mr. Leeseberg agreed the two items are related but believed the CUP cannot legally be denied because the applicant's grass isn't mowed or because there's a truck in the front yard. . INX'T'Wld11 Planning Commission Page 5 September 24,2019 ----------------------------- Commissioner Larson-Vito asked if the Planning Commission could deny the request on the basis that imposing conditions would not resolve those issues. Mr. Leeseberg stated the Planning Commission could indeed deny the request if they believed the conditions proposed would not resolve the outstanding issues of the property. Chair Johnson asked if the CUP is passed by the City Council and the conditions weren't met as outlined in the CUP,what was the reclamation process. Mr. Leeseberg indicated the applicant would have to remove 15 rabbits from the property. Chair Johnson asked if the CUP was revoked and the applicant removed 15 rabbits, there would be no other conditions in place to enforce the upkeep and condition of the remaining 6 rabbits. Mr. Leeseberg agreed, as the city wouldn't have any enforcement of checks. Commissioner Feinstein asked how often the rabbits are shown. Mr. Ziner stated the rabbits are shown during the spring and fall (show season),with an average of three shows a month during those times. He stated under USDA guidelines,rabbits are considered a dual use,as pets and as livestock. • Chair Johnson asked Mr. Ziner if he was comfortable with conditions as resented. J p Mr. Ziner stated he was comfortable with the conditions as presented and he would work on getting the property cleaned up. He stated both he and his father have mobility and health issues and have asked friends for help with property cleanup but they haven't shown up. He stated he understands there's an issue with the condition of the property but is limited with health issues. He stated they are trying to get the property cleaned up. Commissioner Jordan stated he doesn't feel rabbits, chickens,hogs,or goats belong on a city lot but rather on farm land. He felt in this case,there were too many animals in such close proximity to neighboring homes. He stated placing setbacks for cage location isn't going to help because the lot was too small to make any difference. He stated if history's a guide with an unkempt property,he didn't feel confident that there wouldn't be continuing problems and felt they're going to get worse but not because the applicant and his son want that. He stated in the previous city where he worked,they would not approve a CUP until a property was brought up to code. He stated he would not support this request. Commissioner Larson-Vito asked about requiring a property to be adhering to all City ordinances before issuing a CUP, noting the city does require businesses to do • so, and asked if there were different requirements for residential properties. ► I / EIEI IT NA'W'RE Planning Commission Page 6 September 24,2019 ----------------------------- Mr. Leeseberg explained the challenge of requiring properties to adhere to all city • code before approving an application. He stated the nuisance chapter of the city code is not in Chapter 30. He believed it was slippery slope to impose requirements for properties to come into compliance with city code before issuing a permit. Chair Johnson asked if the commission can impose design standards for things like chicken coops and beehives,he's wondering if they can impose a design standard as a condition. Mr. Leeseberg stated if the commission felt it would assist in complying with the standards,then they could,but they can't impose design standards for aesthetic reasons. Commissioner Feinstein stated he isn't hearing the applicant will comply,he's hearing them say they will try to comply. Chair Johnson stated he is hearing the applicant may not be able to keep up with things today but is wondering if a CUP will help enforcement. Commissioner Beise stated he feels 21 rabbits would have an effect on the neighbors with the waste they create and 6 would be better. Commissioner Rydberg felt like having 6 rabbits would be considered a hobby but 21 rabbits seems in excess and particularly on a small city lot where smells can affect • neighboring properties. He doesn't support imposing conditions to alleviate the problems that 21 rabbits creates. He stated he would not be in support of this CUP. Moved by Commissioner Jordan and seconded by Commissioner Rydberg to recommend denial of the Conditional Use Permit for Marvin Ziner at 617 Gates Ave. NW. Motion carried 6-0. The City Council will make the final decision regarding this request at the October 21,2019,meeting. 4.3. Auto-Rec Bodyworks Inc.- 21475 US Highway 169 ■ Amendment to the Conditional Use Permit (CUP), Case No. CU 19-14—continued from August 27, 2019 Mr. Leeseberg presented the staff report. Councilmember Ovall stated this updated plan is a significant change to what was originally submitted and asked if the applicant is aware that the home on the property cannot be used a residential dwelling. Chair Johnson opened the public hearing. • rsfall tr NXTIMEE City Council Minutes Page 2 October 21,2019 --------------------------- Motion carried 5-0. S. Open Forum No one appeared for Open Form. 6.i City of Elk River Volunteer of the Month Mayor Dietz presented the October Volunteer of the Month award to Ray Ott. He highlighted the following • Has donated over 1,000 hours of volunteer time to CAER " Involved with food rescue and outreach at CAER " Works with special events and fundraisers for CAER • Assists with clients and welcomes new volunteers at CAER ■ Works with family homelessness program at Great River Family Promise 6.2 Retirement Recognitions • Dave Hetrick • Mechell Turok Staff and Council recognized Dave(16 years) and Mechell (13 years) for their service to the community. 5.3 Promotion of three firefighters Fire Chief Dickinson presented the staff report. Mayor Dietz administered the oath of office to Jae Evenson,Joe Libor Sr.,and Mark Lees. 7.1 Conditional Use Permit: Private Kennel at 617 Gates Avenue, Marvin Ziner Mr.Leeseberg presented the staff report. Councilmember Christianson asked about the timeline of completing code enforcement changes on the property. Mr. Carlton said the applicant stated they could not be completed until May 2020 but the city was moving forward on further code enforcement.. Mayor Dietz opened the public hearing. Dennis Heath,520 7'St NW, Rachael Whiteoak,627 Gates Ave NW,Carol Heath,520 7''St NW,expressed concern regarding the current condition of the property and voiced opposition to granting the kennel license. PIwEREI i ! [NATURE] City Council Minutes Page 3 October 21,2019 ---------------------------- Mayor Dietz closed the public hearing. Councilmember Wagner confirmed the applicant already owns more than the allowable number of animals. Mr. Leeseberg confirmed the CLIP process was intended to bring the property into compliance. Council stated this property has been a problem for a number of years and needs to be cleaned up. Staff will prepare finding of fact to deny the CLIP including too many animal units on the property as well as code enforcement violations. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to direct staff to prepare a finding of fact denying the Conditional Use Permit as the seven standards required for approval are not satisfied.Motion carried 5-0. 7.2 Conditional Use Permit:Auto Repair Business—Auto-Rec Bodyworks Inc., 21475 US Highway 169 Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing.'There being no one to speak to the issue, Mayor Dietz closed the public hearing. Council discussed modifying condition number 2 to require moving the residential building from the property no later than 24 months from October 21,2019. Moved by Councilmember Westgaard and seconded by Councilmember Ovall to approve a Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The approved Conditional Use Permit (CU 16-09)will become void. 2. The 1,500 square foot office/house structure shall be removed by October 21,2021, 3. The building shall meet all building and fire codes. 4. The building shall be inspected by the city's Building Official and Fire Marshal to verify compliance with all building and fire codes and all identified violations must be addressed prior to issuance of any new building permits for the property. 5. All septic systems must provide a certificate of compliance or notice of noncompliance,for the existing septic system, and must be signed by a licensed inspection business or by a qualified employee certified as an inspector who is authorized by the local unit of government.The certificate of compliance or notice of noncompliance must be submitted to ABT NTURE