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5.1. PCSR 05-25-2021 Request for Action Cir"ci Elk - River= To Item Number Planning Commission 5.1 Agenda Section Meeting Date Prepared by Public Hearings May 25, 2021 Chris Leeseberg, Senior Planner Item Description Reviewed by Private Kennel, 18857 Albany Street Zack Carlton,Planning Manager Conditional Use Permit for a Private Kennel Reviewed by Action Requested Recommend, by motion, approval of the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section I 30-654: � 1. The private kennel shall be limited to ten (10) animal units. Additional animal units will require an amendment to the Conditional Use Permit. C 33 2. No more than six (6) animal units shall be allowed outdoors at once. 3. The removal of animal waste shall comply with Section 10-5. x 4. No more than two (2) animals per supervisor shall be allowed RR outside of the fenced area. s . 5. All dog waste shall be cleaned up immediately when dogs areIa off-site. - ..' cn_12_ 6. The applicant shall receive a private kennel license from the city. 7. No dogs designated as dangerous or potentially dangerous are allowed to be kept on site, and the keeping of such dog shall be grounds for revocation of the permit. y 8. The backyard is to be fenced with a six-foot tall 100 percent opaque fence and is to be maintained at all times. Figure I - Background/Discussion The property is zoned R1-c (Single Family Residential) where Private Kennels require a Conditional Use Permit (CUP). The applicant is seeking a CUP to have a private kennel to have five dogs over 20 pounds (10 animal units) at their property. The property is 0.21 acres in size and is in an established neighborhood surrounded by single family homes. The entire backyard of the subject parcel is fenced. Private Kennel 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 P I I E R E I I Y A welcoming community avith revolutionary and spirited resourcefulness, exceptional INAWR service, and community engagement that encourages and inspires prosperity. Updated.August 2020 Domestic Animal Unit 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. Incident Reports The Police Department has received complaints regarding the dogs on the subject parcel. The Incident Reports are attached. In general, they outline concerns/complaints of the number of dogs, continued barking, fighting amongst the dogs,welfare of dogs, and other animals on site. Applicable Regulations 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. mill 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 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 can have up to six animal units (3 dogs in this case) without needing to obtain a permit. The applicant is asking for four additional animal units (2 dogs),beyond what is allowed by ordinance,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 only 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. mill 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. mill not impede the normal and orderly development and improvement of surrounding vacant property. 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. mill be served adequately by and will not adversely affect essential public facilities and services including streets,police and fare protection, drainage, refuse disposal, mater and server systems,parks and schools;and will not, in particular, create trafc congestion or interference nvith 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. mill not involve uses, activities,processes, materials, equipment and conditions of operation that mill 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 as outlined in Section 10-5;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. mill 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. mill fully co*ywitb 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 Mission/Policy/Goal ■ Help, not hinder citizen quality of life ■ Ethical, efficient,and responsible ■ Opportunity to live,work, and play ■ Work with citizens to achieve goals Attachments ■ Location Map ■ Applicant's Narrative ■ Aerials ■ Kennel Inspection Report ■ Police Department Incident Reports ■ Ordinance Section 10-5 Conditional Use Permit for 18857 Albany ST NW, Elk River MN • What is being proposed is to allow the household to have a private kennel license. There are no plans to build or alter the property from its current layout as there is no changes currently needed for this. This is for Private pets on our property. • This is a private household so the pets would be there 24 hours a day. • There are no employees as this is a private household. • We currently have a 4-car driveway • Not sure what is meant by screening of the property. Currently no plans to change anything on the property just need CUP to have the kennel lic. • No building materials needed as nothing is being built • No signage is being posted • Outdoor storage is not done on this property as it is a personal residential property • Sec. 10-5. - Nuisance animals. (a) It shall be the obligation and responsibility of the owner of any animal in the city, whether permanently or temporarily therein, to prevent such animal from committing any act which constitutes a nuisance. Failure on the part of the owner to prevent his/her animal from committing an act of nuisance shall be subject to the penalty herein provided. (1) Noisy animals. It shall be unlawful for any person to keep or harbor an animal which habitually barks or cries. Habitual noise shall be defined as barking or crying for repeated intervals of at least five minutes with less than one minute of interruption. Such barking or crying must also be audible off of the owner's premises. Repeated barking or crying due to intentional provocation by an unrelated individual residing off the property of the owner is not considered habitual for purposes of this subsection, nor is barking or crying related to a periodic external stimulus such as a nondomestic animal, machinery or unusual activity within the vicinity of the premises. (2) Excrement. The owner of any animal shall be responsible for cleaning up any feces of the animal and disposing of such feces. Feces on the property of others or on public property must be cleaned up immediately. Feces on your own property is required to be cleaned up. (3) Running at large. Any domestic or agricultural animal shall not be permitted by the owner to run at large within the city. For purposes of this section the term "at large" means any animal not restrained by chain or leash not exceeding eight feet, except: a. Police dogs; b. Animals restrained in a vehicle, fenced-in area, or building; c. Animals on the premises of the owner and under the control and direction of the owner so as to be effectively restrained by command as by leash. d. Animals accompanied by the owner and under the control and direction of the owner so as to be effectively restrained by command as by leash. e. Off-leash dog park. (4) Destruction of property. It is a nuisance for an animal to molest, defile, or destroy any property, public or private. (5) Vicious animals. It is a nuisance for an animal to bite, attack, or endanger the safety of humans or domestic animals. (6) Diseased or dangerous animal. a. Any animal displaying symptoms of being rabid may be seized and shall be confined by the animal shelter at the expense of the owner, until found to be free from rabies. b. If any animal appears to be diseased, vicious, dangerous, or rabid, or has been exposed to rabies, and such animal can't be taken up and impounded without serious risk, such animal may be disposed of if reasonably necessary for the safety of any person. (7) Non-domesticated animal nuisances. The city does not manage wildlife. Wildlife removal is handled by the Minnesota Department of Natural Resources or a private pest removal company. (b) Disposition of seized animal. Any animal seized under the provisions of section 10-5 shall be taken to the animal control shelter and kept there to be reclaimed by the owner. The owner shall pay all fees related to impounding. An animal shelter shall maintain records in accordance with Minn. Stats. § 346.47, subd. 2. (c) Violations. No animal shall be permitted to be a nuisance. Any owner who keeps, harbors, or is in physical control of an animal that is a nuisance shall be in violation of this article. (Ord. No. 19-25, § 1, 12-2-2019) I am writing to voice my concern regarding our neighbors Jxxx and Txxx wanting a kennel license. I decided not to attend tonights hearing as I know is going to cause even more tension between these neighbors and myself. I will start out by saying, I know Txxxx loves saving animals mainly PitBulls. Over the course of 6 years, I believe they have had up to 8 pits. There has been nice ones and some not so nice ones. When concerns would arise, we would tell her about them. Not one time when voiced my concern has, she taken resposibilty for my concern. She either laughed it off, made a remark, or said it was our dumb dog that caused the issue. I don't have a problem with someone trying to save animals. I think that is great! But my concern is the aggressive behavior my family, our dog and myself has had to deal with. Since Txxxx moved in with Jxxx the number of dogs they had grew fast. Their dogs would escape from their fence, they have run out the front door. Shown aggression toward Joe, when he was leaving for work and thier dog was in our front yard. A kitten we were watching was killed by one. of their dogs. My dog was bit in the nose by one of thier dogs through a knotthole in the fence, he was bleeding pretty good. One of thier dogs, would sit by the fence when I have my grandchild outside and if the ball went by the fence it would bark at my grandson in an aggressive manner. I have done daycare at my home on and off for several years. I have even babysat Txxxxs son Tyy. The multiple dogs that have come and gone has put on a lot of stress on me and the children I watch. (Besides Tyy, the neighbor’s son) Due to the nature of some of the dogs accross the fence. The past year the tension between our families has grown. Txxxx and I had an arugument last year about defunding the police. She told me she doesn't care for police and her dogs are her protection. I disagreed with her and that is what manley started the hate she has towards me. She told me “Nobody will come between me and my dogs" Because of our disagreement, I have been called names, harrasses by Txxxx, if she has company over they have harrased me. She loudly calls my dog vicious and blames us for every misshap that happens with the dogs. They have thrown objects over the fence at my dog,and if my dog would get too close to the fence line, Jxxx would squirt our dog with thier powerful water shooter. The tension and freedom of enjoying our yard has progressivley gotten worse. Joe my boyfriend of 10 years and who has resided here has always told me not to report these to keep peace and he would handle the situation. Joe and Jxxx would try to come up with ways to keep peace with the dogs. My concern wasn't about the dogs barking, it was about feeling safe in my own back yard with small children and how they lack accountability for their dogs’ behaviors. The dogs barking was/is about a 10-20 second bark. No matter what the misshap was this family always has and still blame our dog, me or my family for their dogs’ issues. Dog’s barking, their dogs fighting, dogs showing aggression etc.... Txxxx constintlay harrasses me and it has gotten pretty extreme. She blasts me on social media, texts my adult children, texts Joe, calls me names, yells at me to move out of my house etc..... I personally had to block their phone numbers from my phone and from social media... these being personal personal or regarding dogs. I only tell you some of this so you might understand the fear I live in daily with so much negative energy. It is a proven fact that Dogs feel their owner’s energy, and I can tell you this, her dogs feed off her energy towards us. As I do daycare my question is, would you build a daycare next to a dog kennel where there is a shared fence? a history of dog aggression? I do daycare and this continues to scare me daily. Now I didnt want to talk about personal issues regarding our neighbors, but I feel the need to let you know our argument was that her dogs are her protection and the way I am harrassed and threatned and blamed for her animal’s behavior has put even more fear in me and has added huge stress in my family. To protect us from furter accusations regarding the dogs, I have had to set up security camaras, we had to build a privacy wall on our deck, we need to look over at their yard to make sure their dogs are not outside, we have a stick handy just in case one of thier dogs get over the fence and attack our dog or worse a person. None of this will stop a bad situation, it will only show what happened after the fact. The past couple months, since their last dogs, dog fight, I have not seen the two aggressive dogs in their yard. The nieghborhood has been quiet. My fear is if this goes through and her dogs go back to her home, the dog problem will only get worse again. I don't feel comportable living nextdoor to 5 pitbulls who a couple of them have shown aggression towards our dog, killed a kitten, has put fear in each one of us at one point or another, and my grandchild shouldn't have to fear playing in our backyard. They have never taken any kind of resposibilty for any of the behaviors I have mentioned here. They either laugh it off or blame me and our dog. I truly believe it has been too much for thier family to handle at times and the stress has carried over to me, my dog and family. Thank you for listening to my concerns this evening, Victoria Taylor Hughes Hello, My name is Stephanie Hughes. I have lived at 18869 Albany St. NW in Elk River from September 2017 to March 2020 1 have moved back in May of 2021. During the time I have lived there, I have witnessed numerous dog fights, I have witnessed the dog's owner running around the neighborhood catching the dogs that have escaped from their house/yard. During one of the times, they have escaped, I was walking out of the front door with my at the time 3 year old son, when one of her dogs ran out of the their front door while the owner was opening it.This dog ran up to me and my child. I had to block my child as we froze in fear as the owner was yelling at her dog and holding it back from us.This has also happened to other family members of mine. There was also an occasion that 3 of her dogs escaped from their yard while I was getting in my car to go to work early in the morning. The dogs were running in all different directions in the neighborhood.The owner was no where to be seen, so I went over and knocked on their door letting them know their dogs were running around the neighborhood. The owner screamed for her young son and they both went running after their dogs. I have witnessed the child at the resident kicking and punching the dog with a closed fist. When we let the owner know about this, her response was, "That makes sense, that's why they are getting mean." The owner has also brought our dead cat that was mutilated over to our home saying he found her by Their yard. Earlier this year was the most disturbing incident, I was outside with my now 5-year-old and my mom when 4 or 5 Pitbull dogs were outside in their yard. 2 of the dogs began to fight. One having bitten down on the others neck. Both owners came out and started screaming at the dogs while kicking and punching these dogs with all their might to try to get them to let go of each other. One owner yelled over at us stating, "I can't take this anymore"while calling us foul names in front of my child. My child went inside crying and has had a fear of dogs since then. It was traumatizing to me the way the dogs were crying in pain, I cannot believe my child at such a young age had to witness that as well and not only see the dogs aggressing with each other and not letting go, but seeing the owners scream, cry, punch and kick their dogs with all of their force. A few weeks after this incident, my child was playing outside on his bike when the owner came out into their yard. My son asked the owner is she was happy now. (She was upset and screaming when her dogs were fighting) She then went inside her home and slammed the door before texting me threatening/foul texts. My son is five and was just trying to be nice. When we have made police reports, the police also advised us about the dangers of their dogs and had told us to carry a large stick or something similar outside when my child is playing outside in our fenced in backyard because the officer was aware of how aggressive the dogs are and explained the dangers of the locking of their jaws when they bite. With all of these incidents, they have verbally blamed us for their dogs behavior.Their reasoning is that when our dog barks on the other side of the fence, it upsets their dogs and makes them aggressive. We live in a neighborhood with many friendly-dog owners, dogs are always barking. But how our one dog can make 5 or more pit bulls aggressive from barking on the other side of the fence is unknown to us. It is why I and the rest of my household is opposed to allowing them permission to have more dogs than the City allows. They are not only dangerous, as I, my child and family and many others in the neighborhood have witnessed, but also the fact that they blame other neighbors for their own dog's action. If something more serious were to happen, I believe they will not accept responsibility, but try to blame it on others. We live in a neighborhood with many, many children. Seeing what these dogs can do is frightening as a parent who's child also resides in the neighborhood.