3.6. SR 05-07-2007
City of
Elk
River
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Consent
Meeting Date
May 7, 2007
Item Number
3.6.*
Prepared by
Jessica J\1i.ller, Executive
Secre /De u Ci Clerk
Reviewed by
Tina Allard, Ci Clerk
Reviewed by
Lori ohnson, Ci Administrator
Item Description
Request by Thomas Lane for Commercial Kennel License
Action Requested
Mayor and Council approval of the request by Mr. Thomas Lane, dba/Thisde Rock Ranch and Kennel,
locared ar 11076 - 205'" Avenue NW for a commercial kennel license with the following condition:
1. A Conditional Use Permit is required if the applicant wants to have more than 12 dogs on the site
at anyone time.
Backl:round/Discussion
Thomas Lane, dba/Thistle Rock Ranch and Kennel has made application for a commercial kennel license
located at 11076 - 205'" Avenue NW (Rta zoning district).
City ordinance requires a conditional use permit for commercial kennels in the R1a zoning district
(section 30-991-d-11). The applicant resides in the R1a district, however; he has provided staff with
records indicating that he has been in business at this location since 1974. Section 30-695 of the City
Code of Ordinances states that any existing use prior to September 4, 1980 may be continued, although
such use does not conform to the provisions of the article. However, the business is not permitted to be
enlarged without a conditional use permit. Based on the records Mr. Lane has provided, it appears that no
more than 12 dogs have been on site at anyone time; therefore, dogs in greater number than 12 would be
perceived as an enlargement of a nonconforming use and wonld require a conditional use permit.
The applicant has submitted all the necessary application materials and a kennel inspection has been
successfully completed by the Police Department. Kennels are inspected on a yearly basis prior to renewal
of the license to ensure that the applicant is meeting the requirements of the ordinance relating to
commercial kennels.
Financial Impact
N/A
Attachments
. Memo from Planning Manager Jeremy Barnhart dated April 12, 2007
I Action
Motion by
Second by
Vote
S; \Council\City Clerk \Kennel\CommKennelLane.doc
City of Elk River
Memo
To:
From:
Tina Allard, Elk River City Clerk
Jeremy Barnhart, Planning Manage~
CC:
Date: April 12, 2007
Re: Proposed Dog Kennel license
I understand that the City has received a license request from a resident to operate a commercial
kennel at 11076 205'" Street NW, Mr. Tom Lane. As part of the city's review of these requests,
Planning Staff was asked to review the proposal concerning zoning approvals. You may know
that City Ordinance requires a conditional use permit for commercial kennels in the Rla zoning
district (Section 30-991-d-ll). This ordinance was established in 1982, and has been modified 7
times since.
After discussing the requirements with the applicant via phone, Mr. Lane has provided a record,
indicating to Planning Staffs satisfaction that the business has been operating continuously since
1974. This would make his business a non-conforming business; allowed to continue, but not
enlarged. The Ordinance, in section 30-695, indicates that any use existing prior to September 4,
1980 may be continued, although such use does not conform to the provisions of this article.
However, the business is not permitted to be enlarged without a Conditional Use Permit Based
on the record provided by Mr. Lane, it appears that no more than 12 dogs were on site at anyone
time. Dogs in greater number than 12 would be perceived as an enlargement of a
nonconforming use, and require a Conditional Use Permit I will forward to you a copy of the
record as provided by Mr. Lane for the file.
Based on the preceding information, Planning staff would support issuance of the business
license, provided that no more than 12 dogs ate located on site.