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4.1. PCSR 07-26-2022Request for Action To Item Number Planning Commission 4.1 Agenda Section Meeting Date Prepared by Public Hearings July 26, 2022 Chris Leeseberg, Senior Planner Item Description Reviewed by Kevin Armstrong- 19054 Waco St. NW Zack Carlton, Community Development Director Conditional Use Permit to allow a private Reviewed by kennel, Case No. CU 22-16 Action Requested Recommend, by motion, approval of the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The applicant shall receive a private kennel license from the city. 2. No more than six (6) animal units shall be allowed outdoors at once. 3. The number of animal units shall not exceed eight (8). 4. The removal of animal waste shall comply with Section 10-5. 5. Feces be cleaned from the property twice weekly. 6. No more than two (2) animals per supervisor shall be allowed when dogs are off-site. 7. All dog waste shall be cleaned up immediately when dogs are off-site. 8. 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. Background/Discussion The property is zoned R1b (single family residential) where private kennels require a Conditional Use Permit (CUP). The ordinance defines a private kennel as any premise where more than six domestic animal units over the age of six months, are harbored or kept. 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. The applicant who was assisting a family member ended up obtaining the fourth dog and is now seeking a CUP to allow 8 animal units (four dogs) on the subject parcel. They have four dogs: three labs and one German shepherd. Based on their weight, each dog counts as two animal units. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: August 2020 All the dogs are always kept in the home except to go to the bathroom or playtime/walks. The property has an in- ground fence and there are not outdoor kennels on site. Public Hearing Staff received a phone call from a neighboring resident inquiring what a commercial kennel meant. Staff explained the public hearing notice had an error and the requested was for a private kennel to allow them to have four dogs as pets with no commercial activities. 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. 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 can have up to six animal units without needing to obtain a permit. The applicant is asking for two additional 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. For this reason, staff is not recommending a physical fence as it would not be required for any other residents with six animal units. The property has an existing in-round fencing system. 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. As the surrounding area is already developed with single family homes, 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 when dogs are off-site. 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 Mission/Policy/Goal  Meet changing needs - Agile  Help, not hinder citizen quality of life Attachments  Location Map  Applicant’s Narrative  Site Plan  Section 10-5 Conditional Use Permit: Kevin Armstrong – 19054 Waco Street NW, Elk River, MN 55330 Description Narrative: I, Kevin Armstrong, had Remi (yellow lab) prior to my girlfriend moving in. When she moved in at the beginning of 2020, she brough 2 dogs (Bilbo – Black Lab, Sullivan – chocolate lab). Late November 2021, my sister was moving and needed a place to house her dog (Nemo – German Shephard), we agreed to watch him while she looked for a place to live. By January she was unable to find a place that takes dogs, so we ended up adopting Nemo. We never intended on owning 4 dogs, my intention was Remi, but life doesn’t always work that way. The boys are loved and cared for. They rarely are home alone (my girlfriend works from home). They get along well with each other having established a hierarchy and respect for each other. The boys are current on all their shots and are seen for their regular check-ups at the vet. Waste is cleaned up regularly, as you can imagine four dogs can leave quite a legacy if we do not keep up on this chore. The boys are brushed regularly too, to help mitigate the shedding and reduce the number of times a week we vacuum (which is a lot – we like a clean house) All four dogs are walked daily. Sometimes Nemo and Sullivan will get a second walk. Bilbo is almost 14, and Remi has some physical limitations, so any additional walks for these two is just too much. Sullivan can be seen in the neighborhood running leashed alongside my girlfriend, while Nemo loves to play ball in the back yard. All 4 dogs, including the new arrival Nemo (who learned very quickly), need to sit for their dinner and cannot start until given the approval. They all get a lot of attention, and although this was not planned, we wouldn’t have it any other way (although when it’s Bilbo’s time – he will not be replaced) Thank you. 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)