5.4. SR 08-17-2009REQUEST FOR ACTION
To Item Number
Ci Council 5.4.
Agenda Section Meeting Date Prepared by
Communi Develo ment Au st 17, 2009 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by Deb Unruh and Tim Marchiafava for a Conditional erem Barnhart, Plannin Mana er
Use Permit for a Private Kennel, Case No. CU 09-17 - Reviewed by
Public Hearing
Action Requested
Staff and the Planning Commission recommend the City Council approve the Conditional Use Permit
(CUP)-Private Kennel request with the following conditions:
1. No on-site commercial activities such as breeding, boarding or selling shall be allowed.
2. The private kennel shall be limited to five (5) dogs over the age of 6 months. Additional
dogs will require an amendment to the Conditional Use Permit.
3. Animal waste shall be disposed of per Section 10-9.
4. The applicant shall receive a private kennel license from the City Council.
5. All dogs must be licensed and vaccinated.
Summary
The applicant, with their five dogs, has lived at this property for five years and is requesting a Conditional
Use Permit for five dogs after the City received a "number of allowed dogs" complaint regarding the
subject property.
Planning Commission Discussion
The Planning Commission discussed the difference between private and commercial kennels.
Public Comment
One resident spoke in favor of the request. There were approximately 7 people in the audience for this
item.
Attachments
• Staff Report to Planning Commission dated August 11, 2009
Action Motion by Second by Vote
Follow Up
C:\Documents and Settings\jmiller\Local Settings\Temporary Internet Files\OLK3E\CU 09-17_CC.doc
REQUEST FOR ACTION
To Item Number
Planning Commission 5.1
Agenda Section Meeting Date Prepared by
Plannin Items Au st 11, 2009 Chris Leesebe ,Park Planner-Planner
Item Description Reviewed by
Request by Deb Unruh and Tim Marchiafava for a Conditional Jeremy Barnhart, Plannin Manager
Use Permit for a private kennel, Reviewed by
Case No. CU 09-17 -Public Hearing
Action Requested
Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit
(CUP)-Private Kennel request with the following conditions:
1. No on-site commercial activities such as breeding, boarding or selling shall be allowed.
2. The private kennel shall be limited to five (5) dogs over the age of 6 months. Additional
dogs will require an amendment to the Conditional Use Permit.
3. Animal waste shall be disposed of per Section 10-9.
4. The applicant shall receive a private kennel license from the City Council.
5. All Dogs must be licensed and vaccinated.
Background/Discussion
The applicant, with their five dogs, has lived at this properryfor five years and is requesting a Conditional
Use Permit for five dogs.
Attachments
Location Map
• Applicant's Narrative
Applicant's Private Kennel Application
Letters of Support
Case File: CU 09-17
Page 2
General Information
Privaze Kennel Conditional Use Permit
Unruh/Maichiafava
Applicant Unruh/Marchiafava
60 Day Rule The application has been deemed complete as of July 15, 2009.
The City must take action by September 15, 2009
Requested Action Conditional Use Permit -Private Kennel
Location and Size 19119 Waco Street
One Acre
Location Existing Use Land Use Plan Designation Current Zoning
Subject
Property Single Family Urban Residential R1b-Single Family
North Single Family Urban Residential R1b-Single Family
South Single Family Urban Residential R1b-Single Family
East Single Family Urban Residential R1b-Single Family
West Single Family Urban Residential R1b-Single Family
Overview
The Zoning Ordinance, Section 30-991 (d) (12) requires a private kennel license for residential
properties where more that 3 dogs reside. In the R1b zoning district, Private Kennels is a
Conditional Use Permit on parcels less than 5 acres in size. The subject property is one acre in size.
Private Kennels is defined as: any premises where moT~ than three dogs or three cats over the age of six months
are harbored or kept, except for a commercial kennel. Any premises of ten acres or more that are used to harbor or
keep up to ten cats over the age of .rix months shall be excluded from this d~nition as long as all of the cats have been
spayed or neutered.
In early June, the City received a "number of allowed dogs" complaint regarding the subject
property. The Code Enforcement Official sent a notification letter to the applicant indicating the
violation and explained what process they needed to complete in order to have five dogs. The
applicant promptly applied for their CLJI'.
The applicant has lived at this property for five years and has had five dogs for all of those years.
There is a small fenced area directly behind the house where the dogs are kept a majority of the
time.
There is no documented history of excessive barking, dogs ruruzing at large or aggressive animals.
The applicant's narrative addresses obedience, exercise, feces and noise.
S:\PLANNING MAIN\Case Files\CUP\CU 09-17 Unruh-Mat~hiafava\CU 09-17 PGdoc
Case File: CU 09-17
Page 3
Private Kennel Conditional Use Permit
Utuuh/Marchiafava
A private kennel license is subject to annual inspection bythe Police Chief. Additionally, if the
conditions of the Conditional Use Permit are not followed, the City may revoke the CUP.
The following Ordinance Sections address Noise and Feces:
Sec. 70-7. Noisy animals.
It shall be unlawful for any person to own, Deep, have in his possession, or harbor any animal which, by frequent and habitual
howling ye ping, barking or otherwise, shall cause serious annoyance or distu~hance to persons or to the neighborl.~ood; provided,
however, that the provisions of this section shall not apply to duly autbori~ed h. ospitals or clinics established and operating for the
treatment of small animals. l~TO person shall be convicted under the provisions of this section except upon evidence f~ om 50 percent
of the adult residents living within 500 feet of the residence of the animal complained of or from four persons each of a different
household, whichever is less, and no warrant shall be issued except after written notice .has been mailed or delivered to the occupant
of the premises where such animal is kept or harbored advising that a complaint has been made about the animal and calling
attention to the provisions of this section.
Sec. 70-9. Removal o animal feces.
(a) Any person having the custody or control of any dog or domestic animal shall have the responsibility for cleaning up any feces
of the animal and disposing of such feces in a sanitary manner. It shall furthermore be the duty of any person having custody or
control of any dog or domestic animal on or about any public place or private pzroper y of another to have in such person's
possession suitable equipment for the picking up, removal, and sanitary disposal of animal feces. The provisions of this subsection
shall not apply to a guide dog accompanying a blind person or to a service dog accompanying a disabled person or to a dog when
used in police or resczre activities. Every person convicted of a violation of this subsection shall be punished by a fine of not more
than ,900.00.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. 1Ylill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral avelfare of the neighborhood or the
city.
2. mill be consistent with the comprehensive plan.
3. 1~ill not impede the normal and orderly development and improvement of surrounding vacantproperty.
4. mill be served adequately by and will not adversely affect essential public facilities and services including
streets, police and fireprotection, drainage, refuse disposal, avateJ° and sezver° ~stenas, packs and sc/oools; and
avill not, in particular, create tra~c congestion or interference with tra~c on adjacent and neighboring public
thorougl fares.
S. mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to cry persons orproperty because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. Wlill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. mill fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license orpermit to establish and operate the proposed use in the city.
S:\PLANNINGMAIN\CaseFiles\CUP\CU09-17 Unruh-Maz-chiafava\CU09-17 PC.doc
Case File: CU09-ll
Page 4
Private Kennel Conditional Use Permit
Untuh/Murhiafava
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 complywith 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.
Action Motion by Second by Vote
Follow Up
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July 8, 2009
To whom it may concern;
I would like to comment with regard to Tim and Deb obtaining a conditional use permit and kennel
license in Elk River.
First and Foremost, I would like to commend Tim and Deb for being such extremely responsible dog
owners. They exercise and train with their dogs on a consistent basis. They have attending numerous
training classes and have very nice well behaved social dogs. It is evident that they have spent many
hours training and working with their dogs, and have done an absolute wonderful job.
I have visited Tim and Deb's house and I'm familiar with their set up for the dogs. They have a beautiful
back yard with a fenced play area for the dogs and they have dedicated their garage for an impressive
"Dog Room." Very comfortable, quite, clean, heated and air conditioned. Beyond acceptable
accommodations for a dog. Deb has always been very concerned about her dogs making noise and we
have talked about how to eliminate the unwanted barking, however, dogs bark when they play, it's the
natural thing for them to do. She is always taking into consideration of her surroundings and if it gets
noisy more than a few minutes she brings them inside. I have never driven by her house, being one of
her distant neighbors, and heard her dogs barking and/or carrying on.
Tim and Deb have a wonderful set up for their dogs and provide excellent care for them. I would highly
recommend Tim and Deb to be granted a conditional use permit/Kennel license.
Maureen Ivers
Elk River K9
Dog Obedience Training Center
3u1y 7, 2009
To Whom It May Concern:
I am sending this letter of support and recommendation for Tim Marchiafava and Deb
Unruh who reside at 19119 Waco St NW in Elk River, in reference to their application
for a kennel permit.
I live at 19008 Waco St NW just a few homes away and I want to share with you my
observation regarding the care of their animals. I do walk by their property almost on a
daily basis with my dog. If the dogs are outside in the gated area they will see us and may
bark, however Tim and Deb are always right there to discipline them and remove them
from the yard immediate as to not create any noise for the neighbors. Also when I visit
their home I can attest to the training that they do with their animals as well. The animals
are under continuous supervision, frequently exercised and the yard is kept clean of any
animal wastes.
Tim and Deb are very responsible pet owners and I would be support them to receive a
kennel permit in order for them to retain their existing animals.
Please feel free to contact me with any questions you may have in regards to this issue.
Thank you,
Susan Perkins
19008 Waco St NW
Elk River, MN 55330
763-257-4965
July 6, 2009
To Whom It May Concern:
Please accept this letter as my support of issuing a permit and private kennel license to Deborah Unruh
and Timothy Marchiafava residing at 19119 Waco Street NW Elk River, MN. I understand that having
more than 3 pets is cause to wonder if the animals are being well cared for or are a nuisance to the
neighborhood for noise, safety, orodors/cleanliness. Let me assure you that I do not believe any of
these to be issues for these pet owners but am pleased that the city does look into these cases to be
certain the health and welfare of the pets is up to standard.
As a Veterinary Technologist, I can assure you that the care and training received by their dogs is second
to none. And as a personal friend who spends a fair amount of time at their residence as well as a 3
month period that I lived with Deb at a former residence, f have witnessed the behavior of all the dogs
as well as the discipline given by the owners both day and night.
All of the dogs have attended puppy training classes, are kept up on all vaccines, and are exercised
multiple times per day. Deb works from home and is able to walk the dogs at least once a day as well as
let them out for their own exercise multiple times per day in the large fenced in area in the back yard.
This area is at least 100'x50' which is ample room for them to play. This area is poop-scooped every
single day to maintain cleanliness and far the health of the dogs. I know of no one who keeps their lawn
so meticulously clean of dog messes.
These dogs are NEVER let off leash to run the neighborhood as I've seen others do. They are always
walked on leash. None of the dogs are aggressive and are of any danger to children or adults in the
neighborhood. Barking is ceased within less than 5 minutes time and they are a{I trained with bark
collars if necessary -such as when other dogs are out in the area. It is always expected that dogs will
bark atone another but it is up to the owner to keep it under control. I firmly believe that Deb and Tim
work diligently on this. If the barking is not able to be stopped promptly, the dogs are put inside so as
not to disturb anyone. All dogs stay in their own .beds/crates in the air conditioned/heated garage.
Deb and Tim cal! on me occasionally for professional and medical advice if there is a concern with any of
their dogs and have even contacted me for behavioral advice and for products to help their neighbors
with their pets when they notice an issue. I cannot give a higher recommendation for pet owners and
hope that you will consider this when determining their qualifications for the above listed licenses.
Please feel free to contact me regarding these statements at any time. I can be reached by phone at
612-414-1268.
Sincerely,
Maria O'Conno.r, CVT