RES 19-57Ver Resolution 19- 57
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.
I 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
Ordinance.
INIATUREJ
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.
J J n J. ietz ayor
ATT : rf
Tina Allard, City Clerk
1 0 1 E R E I I I
NATURE