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6.3. SR 4-15-2002City Item 6.3. MEMORANDUM TO: FROM: Mayor and City Council Chris Leeseberg, Planner DATE: April 15, 2002 SUBJECT: Case No. CU 02-06 Mike & Monica Johnson - Conditional Use Permit Request for a Private Kennel Request Mike & Monica Johnson request a Conditional Use Permit for a Private Kennel. Location 13926 200th Avenue NW Lot 6, Block 2, Hobbit Hills Attachments · Location Map · Site Plan · Photo of existing kennel area Zoning/Land Use Rla, Single Family Residential / LR, Low Density Residential Analysis The applicant is requesting a Conditional Use Permit for a Private Kennel in order to keep four (4) dogs, two (2) of which will be inside the home. In the Rla District, private kennels are allowed as a conditional use. The subject property is a 2.6-acre parcel. City Council April 15, 2002 Page 2 There currently is a 10 foot by 15 foot kennel located within a four foot high fenced running area that is approximately 75 feet by 50 feet. The running area is located about 75 feet directly behind the house. There are individual houses for each dog. Planning Commission Action There was discussion about the interpretation of the ordinance regarding what breeding meant. Does the ordinance allow breeding but not selling? Would it be considered a "commercial use" if breeding occurred and an ad was placed in the paper to sell the puppies. Mr. Beck, the City Attorney, felt that technically, this would be considered "commercial". Discussion followed regarding placing a restriction on the license. It was felt to it would be unfair to restrict the Johnson's from raising and selling a litter of puppies, since this is a right enjoyed by other citizens in the City. It was also noted that the ordinance states that residents are allowed up to 3 dogs over the age of six months. Puppies could be sold before they reached six months. The applicant was questioned if the dogs were barkers and he stated only if wildlife comes near the kennels. Recommendation Staff and Planning Commission recommend that the City Council approve the conditional use for a Private Kennel with the following conditions: 1. THAT THERE BE NO ON-SITE COMMERCIAL ACTIVITIES SUCH AS BREEDING, BOARDING OR SELLING. 2. THAT THE PRIVATE KENNEL BE LIMITED TO 4 DOGS OVER THE AGE OF 6 MONTHS. ADDITIONAL DOGS WILL REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. THAT THE ANIMAL WASTE BE DISPOSED OF PROPERLY. 4. THAT THE APPLICANT RECEIVES A PRIVATE KENNEL LICENSE FROM THE CITY COUNCIL. S:\PLANNING\Case Files\CU 02-06 Johnson\CU02-06_CC.DOC Case Number: Location Map CU 02-06 MIKE & MONICA JOHNSON N THE SEPTIC SYSTEM AND WELL LOCATIONS ARE TO BE DETERMINED BY OTHERS. 4ARK: TELEPHONE PEDESTAL LOCATED AT THE NER OF LOT 6, BLOCK 2 =.D ELEVATION = I00.00 5 / / H 97.5.~ ng 4=28 '54 '23" -- L=93., 55.0 2O / "tPPARENT ',, // ! ' FILLED ~l [ AREA - LOW GROUND ' BLOCK '- - N 89'45'09" E H tO.t 55 + 2 0 ~ 0 ~ <o -- T MINIMUM BUILDING ,SETBACK LINE -. 4ii. O£ 2O