5.2. PCSR 05-08-2007REQUEST FOR ACTION
ver
To Item Number
Plannin Commission 5.2
Agenda Section Meeting Date Prepared by
Plannin Items Ma 8, 2007 Chris Leeseber ,Park Planner
Item Description Reviewed by
Request by Laura Osman for a Conditional Use Permit fora erem Barnhart, Plannin Mana er
Commercial kennel, Reviewed by
Case No. CU 07-10 -Public Hearing
Action Requested
Staff is recommending the Planning Commission recommend approval of the request with the
conditions as outlined.
Background/Discussion
The applicant would like to operate a commercial kennel facility on their 16-acre property which is their
place of residence.
Attachments
• Location Map
• Applicant's Narrative
• Site Plan
• Aerial
• Site Images
Action Motion by Second by Vote
Follow Up
Case File: CU 07-10
Page 2
General Information
Commercial Kennel License
Laura Osman
Applicant Laura Osman
60 Day Rule The application has been deemed complete as of March 29,
2007. The City must take action by May 24, 2007
Requested Action Conditional Use Permit for a Commercial Kennel License
Location and Size Approximately 16-acres south of 175' Avenue approximately at
the Polk Street alignment.
Location Existing Use Land Use Plan Designation Current Zoning
Subject
Property Residential High Density Residential R1-a
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 R1 a and in that zoning district, commercial kennels axe 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 500-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.
Per the applicant's narrative, nuisance barking will be monitored carefully, and excessive barkers will
be brought inside. This maybe difficult to police, and the use in general maybe 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.
S:\PI,ANNING\Case Files\CUP\CU 07-10 Osman\CU 07-10_PC.doc
Case File: CU 07-10
Page 3
Commercial Kennel License
Laura Osman
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
do 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.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. Will not endanger, injure or detrimentally a~ect the use and enjoyment of otherpropery in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
cif.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
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 tra~c congestion or interference with tra~c on adjacent and neighboring public
thoroughfares.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons orproperty because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
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.
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.
In the review of the standards for CUP as outlined, it appears that the request is consistent with all
of these standards.
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 for. 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 may recall reviewing a concept fox a commercial recreational facility for
this area at their April workshop meeting.
S:\PLt1NNING\Case Files\CUP\CU 07-10 Osman\CU 07-10_PC.doc
Case File: CU 07-10
Page 4
Natural Resources
Commercial Kennel License
Laura Osman
The Natural Resources Inventory (NRI) does not indicate any natural resource on the subject
properly.
Recommendation
Staff recommends that the Planning Commission recommend approval of the Conditional 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. No more than six (6) dogs shall be boarded at one time.
3. If more than six (6) dogs are desired, the applicant shall apply for an amendment to
the Conditional Use Permit.
4. Signage shall not exceed two (2) square feet in size.
5. Signage shall be located on the subject property and not in the right-of--way.
6. Barking dogs shall be kept indoors.
7. All dogs, when not located in the dwelling, garage or fenced area shall be on leashes.
8. All kennels shall be kept clean and all dog waste shall be disposed of properly.
9. All dog waste deposited outside of the property shall be collected and disposed of
properly.
10. That shall be no on-site commercial activities such as breeding or selling of dogs.
Respectfully Submitted
Chris Leeseberg
Park Planner /Planner
S:\PLANNING\Case Files\CUP\CU 07-10 Osman\CU 07-10_PC.doc
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"" Case Number: CU 07- I 0 LAURA OSMAN
River
Conditional Use Permit Project Narrative
For Adventures 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 aboarding/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.
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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
STRONGLY 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 vur 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.
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