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6.3. SR 06-18-2007 REQUEST FOR ACTION To Ci Council Agenda Section Communi Develo ment Item Description Request by Laura Osman for an Interim Use Permit for a Commercial Kennel, Case No. CU 07-10 Item Number 6.3. Prepared by Chris Leeseber , Park Planner Reviewed by erem Barnhart, Plannin Reviewed by Meeting Date une 18, 2007 Action Requested Staff recommends the City Council approve the Interim Use Permit request to operate a commercial kennel, as illustrated on drawings dated 3/26/2007, with the following conditions: 1. Applicant shall obtain a Commercial Kennel License from the City of Elk River. 2. The Interim Use shall terminate with the final platting of the property or with the sale of the property. 3. Upon expiration ofthe Interim Use, the applicant may apply for an extension to the Interim Use. 4. No more than six (6) dogs shall be boarded at one time. 5. If more than six (6) dogs are desired, the applicant shall apply for an amendment to the Interim Use Permit. 6. Signage shall not exceed two (2) square feet in size. 7. Signage shall be located on the subject property and not in the right-of-way. 8. Barking dogs shall be kept indoors. 9. All dogs, when not located in the dwelling, garage or fenced area shall be on leashes. 10. All kennels shall be kept clean and all dog waste shall be disposed of properly. 11. All dog waste deposited outside of the property shall be collected and disposed of properly. 12. There shall be no on-site commercial activities such as breeding or selling of dogs. 13. Identification tags shall be on each of the dog's collars indicating the name, address and phone number of the kennel. Background/Discussion The applicant would like to operate a commercial kennel facility on their 16-acre property which is their place of residence. At the May 21, 2007 City Council meeting, the Council inquired if the applicant would be willing to explore an Interim Use instead of the Conditional Use Permit which was applied for. It was agreed by both the applicant and the Council that the Interim Use was appropriate. Attachments . Location Map . Applicant's Narrative Case File: CU 07-10 Page 2 Commercial Kennel License Laura Osman . Applicant's Letter for Review as an Interim Use Site Plan Aerial Site Images Neighbors Petition . . . . General Information Applicant 60 Day Rule Laura Osman The application has been deemed complete as of March 29, 2007. The City must take action by May 24, 2007 Interim Use Permit for a Commercial Kennel License Approximately 16-acres south of 17 5th Avenue approximately at the Polk Street alignment. Requested Action location and Size location Existing Use land Use Plan Designation Current Zoning Subject Residential High Density Residential R1-a Property North Residential High Density Residential R1-c South Residential High Density Residential R1-a East Residential High Density Residential R1-a West Residential High Density Residential R1-a Overview The property is zoned R1a and in that zoning district, commercial kennels are allowed as a conditional use. The applicant would like to operate a commercial kennel facility on their 16-acre property. The property is an irregularly shaped parcel with approximately 10-11 acres being wetland with a drainage ditch bisecting a portion of the east end. The nearest residence to the proposed kennel area is approximately 200-250 feet to the west. A second residence is about SOO-feet to the east. The applicant is proposing to board up to six (6) dogs at one time. The dogs will be kept in the home and/ or garage. The garage is insulated and will be climate controlled for the summer and winter months. There is an existing fenced area for the dogs which is attached to the home which will provide an area for the dogs to get exercise. The dogs will also be walked on leashes on the sixteen acres and/or on the sidewalk and trails. S:\PLANNING\Case Files\CUP\CU 07-10 Osman\CU 07-10_CC-2.doc Case File: CU 07-10 Page 3 Commercial Kennel License Laura Osman Per the applicant's narrative, nuisance barking will be monitored carefully, and excessive barkers will be brought inside. This may be difficult to police, and the use in general may be inconsistent with the population density anticipated in the immediate area. Other than those persons who reside on the premises, there will be no additional employees and the hours of operation are proposed to be 24 hours a day, seven days a week. A parking demand should not be created in which the current driveway can accommodate. The driveway can accommodate up to six vehicles, however, it is unlikely that six vehicle will be dropping off dogs at one time. The applicant is proposing one small sign near the end of the driveway or mailbox. City ordinance does not allow signage in the right-of-way. The signage shall be located on the property and shall not exceed two (2) square feet in size. Comprehensive Plan The subject property has a High Density Residential land use and is part of a larger land mass in which the City Council has approved a concept master plan. This has been known as the 175th redevelopment area. Based on the High Density Residential land use, expansion of the Urban Service District could be anticipated. The Planning Commission did review a concept for a commercial recreational facility for this area at their April workshop meeting. This was scheduled for City Council workshop review, but was tabled. Natural Resources The Natural Resources Inventory (NRI) does not indicate any natural resource on the subject properly. Planning Commission Action One resident spoke at the public hearing and expressed his concerns with the request. He stated the area is a residential neighborhood and the increased noise from barking would not be desired. He also submitted a petition from surrounding property owners that are not in favor of the request. A second resident did state that there are many dogs in the area and spoke of the concern of dog waste, in general, in people's yard. The applicant gave a brief history of the negative relationship between themselves and the surrounding neighbors in regards to the past attempts of land acquisitions to assemble a larger tract of land for development. There was discussion related to when a Commercial Kennel License is required. Section 30-1 Definitions states: Kennel, commercial, means a'!Y premises where more than three (3) animals over six months if age are boarded, trained or bred for compensation. The applicant currendy does provide kenneling service for up to three dogs on site, which does not require a kennel license. The applicant was asked if the dogs would have any type of identification indicating they were from the kennel, should one ever get out of the kennel. Staff spoke with the applicant after the meeting, and they said they would be willing to attach tags to the dog's collars with information on where they came from. S:\pLANNING\Case Files\CUP\CU 07-10 Osman\CU 07-1O_CC-2.doc Case File: CU 07-10 Page 4 Commercial Kennel License Laura Osman The Planning Commission recommended approval of the request with a 5-1 vote. City Council Action At the May 21, 2007 City Council meeting, the Council inquired if the applicant would be willing to explore an Interim Use instead of the Conditional Use Permit which was applied for. It was agreed by both the applicant and the Council that the Interim Use was appropriate. The applicant is asking for Interim Use that would terminate with the final platting of the property or with the sale of the property. Upon expiration of the Interim Use, the applicant may apply for an extension to the Interim Use. Respectfully Submitted Chris Leeseberg Park Planner / Planner Action Motion by _ Second by _ Vote Follow Up S:\PLANNING\Case Files\CUP\CU 07-10 Osman\CU 07-10_CC-2.doc ~)~t Il\~~~iW2nd .rt\V:r}ro~l~k~,<r~~~{ fJ~" ~ ~ t: ! SJII PIT ...... / \ . 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L,~~~~fIJI 'II::::' \\! \ \ \ ccg;;'", 'I' '(\TJ l~ ui' N~ I Ii j; ~ ~~ >,,~==I/ I 'i;~ ~ii;~\~ '~\i ~ /"" I~': \ ""', \~\ r ~\ ~.~~ \ ",I" ~;~~\' L IN I; .\..-1 i715T- ~r-=1 \ \ AVDlfID", ~0i~ '=IJ\Jl'~ ;1 ~ lVD \ I J veTil Avel e-J \ r I[jIjllC .~ ~ r r > -r \1 \ \ \ \ II --C,., .. c .. ".. (:;',\ lvEfZ ::~~y ~)~~,'~~~I~ ~ 1 \ \tnJ [loJJ I~ /LJCJl i! 1i I[] nil n <~ "\,, "\." '~\<\ ." ;\V~RELL 1>>, LAP-F.!' "\\ ! DVlfJO" ~x" I c_ A _"~ /- Af\JD CARGill PRorRTY ! Location Map Case Number: CU 07-10 LAURA OSMAN Conditional Use Permit Project Narrative For Adventu.res in Pet Sitting, LLC I have discovered that there is a great need for additional dog boarding and daycare facilities in the area Therefore, I would like to run a boarding/doggie daycare facility in my home, garage, and yard. I have sixteen acres to easily accommodate six dogs at a time. My goal is to provide a loving, home environment for dogs when their owners are out of town or at work. The dogs will spend a lot of time in our home and garage. Our garage is insulated and will be climate controlled for the summer and winter months. It also has large windows to provide adequate light. The dogs will be let out frequently to play with supervision. We have a fenced in area attached to the home for the dogs to play and get exercise. Nuisance barking will be monitored carefully, and excessive barkers will be brought inside. The dogs will also be walked on leashes on our sixteen acres or on the paved sidewalk. The hours and days of operation will be 24 hours a day, 7 days a week. There will be no employees at this time. There is plenty of existing parking available in the current driveway. It can accommodate up to six vehicles. However, it is unlikely that we will ever have more than two clients picking up or dropping off dogs at one time. I would like to have one small sign near the end of the driveway or mailbox. June 4, 2007 Dear Mr. Jeremy Barnhart, I applied for a conditional use permit to run a commercial kennel on my propeqy " located at 10616 17Sth Ave NW, Elk River. The City Council suggested that I apply for an interim use permit as an alternative. Therefore, I would like to apply for an interim use permit to run a commercial kennel on my propeqy. I request that the expiration date would be upon Final Plat Approval for a new development or at the time we sell our propeqy. I understand that upon the expiration date, I can apply for an extension to the interim use permit, but realize there is no guarantee of approval. R~gar~~ fc" C /"'. .../ /" ~ ~&<G'- =",. V:#~ Laura J. Osman 0& 0& 080 0& 080 080 0& 0& 080 000 o 080 080 0& 000 o 0& 000 o 080 080 0& 080 060 0& 080 0& 0& 0& 080 0& 0& $I ! ~ ! ~ -,...,.,.......-. ",., ,...._.~ .-. '-,---..--, ~fl..) :- ....l) - - ~ .~ f JIt. 0;;- 5"" ~ ~ r- -..----...........--,.......".---..-..-.. '''--,---. 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I' a To: Elk River Planning Commission RE: CASE # 07-10 Regarding a request by Laura Osman for a Conditional Use Permit to operate a commercial kennel We, the undersigned, live in close proximity to the above named and are STRONGL Y OPPOSED to having a commercial kennel in our residential neighborhood. The sound of barking dogs would only add to the already noisy conditions we have had to endure due to the exploding construction in our area and non-stop traffic on Twin Lakes Road. The prospect of a puppy mill is unacceptable. This type of commercial venture would be a deterrent to any future investor who may be interested in developing surrounding properties. ,d-Ulc<-~j~ 1139 I TJli t- yi NLAJ ~111~ /739/ yYhL/<... ..5/. rlw, Qd(f,.~ 107/'1- J7S-l~ AvE.. N.W. ~~ 1766.5 ~Lfr:$/ ftyd~ (0 S- ",0 17~; 0;-f'lvc: ~./;4-!~e ~ ~ /7c-Ii- /iluc jG-.tu IO~ 00 , J r ~44nA I l 7 ~J. 5 ? c) 1/<.- ~-J. JJw. ~.. / .f'. 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