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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 _ rP,~.l ~IIg1 -- II ~ h ~' ~ k ~ '~'i~~~ `'~-r-i r Vii`' ~ ~.. ~a eU~ ~" E LUG ~ - -- ~~~~ ~ ~' f i~~ r ,i~ ,~ ISL.. I; I of '~ ~ 1J,1 L 1 f l, ~-~~~ d h ~ ~, - J ~, I1 1 D~ '1~ r ~~ 1~ - a' ~ ~ ~ G \ !' ' ~r',~ ~~'1~> L I 1 ~,I I. c t~ i f- ~,~,~~~~~ ~.v,~ , I;LU~~ ail -- n[[.i.ru~r, ~ Firm pN CI> ~~a~rr t i ~ 'I~ rug _ - - { ~ I)7 [~'~ F v1 ~ ~ ~~ f)~)K V ,1 ~ G ~, ,~.t ;~. ~ }.tT X31 Ill' ~Ij.^.l)~ ~,,1.St; ~ ~~ ~.. <- C J' Location Map N city or El -~-~ "" 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. ~; ii ~ 1~ } ,~~,~ E ~ ~ _ s, ,~ i ~: ,- ..~ ,~ .. _ _~ ..__. _ _ 1 ~. i ~ ~ 3 p...~ n ~ ~q s ~-- .~.~, ~~ -~ ~~ I L~`~~ 21 ~{ N; -h' ~ + ~ .~ -+- :; i °~" .._ __ _ . ~..._ ___ _-- z~F+ u~ oAT~ RE'YED 3•zG_•a~ ~Q~~ . _ ~_......T...W.~ ti ~-~36 ~,-~ ~. j . ~~:.~% L~ ~f~ ~ rVyflj.-~c.- 9 V 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. ,~ ~ ~ I ~ ~ ~-~~~ L Y~ ~L°~ C' _ ' ~ `~ l ~ 3 ~~ 7y~, f~ -3~". nlw, ~ ~• , ~o7i~ r75~~' Rv~ tCl.vV .~-~ ~ ~~~s ~,~~ sr ~~ ~a 5 ~~ /75~=~~~ ~~ ~~- ~~E ~ o s v v ~~ 7.5 -- ~vc G~. Gt,. ~ ~~ j~~G~ ?Sa S t~~~ ~~- ~~ ~~~ ~ ~, `~~ ~~ ~, ~ 3 ~ s ~y~~ -~ ~ .~ ~ti ,~' / l ~LJ J 75c ~ 1 /7~''~igc.~ ,- ~lGv ,- ~e~~~ ~~~ ~~N~