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7.2. SR 08-17-2009REQUEST FOR ACTION To Item Number Ci Council 7.2. Agenda Section Meeting Date Prepared by Administration Au ust 17, 2009 Tina Allard, Ci Clerk Item Description Reviewed by Consider Private Kennel License to Rebecca Krause Lori Johnson, Ci Administrator Reviewed by Peter Beck, Ci Attorne Action Requested 1. Council motion to approve a private kennel license to Rebecca Krause with the following conditions: ^ The private kennel shall be limited to eight dogs over six months. ^ No onsite commercial activities such as breeding, boarding, or selling allowed. ^ Animal waste must be disposed of properly per Section 10-9. ^ Doberman Marlie (microchip # 4A1-163-5916) shall comply with current ordinance requirements for potentially dangerous dogs and shall be confined within a building or secure, covered enclosure and shall not be taken out of such building or secure, covered enclosure unless muzzled and on a leash. ^ The fence must be connected with the appropriate metal connecting devices sufficient enough to prevent a dog from exiting. ^ Violation of any of these conditions shall be cause for revocation of this private kennel license. If the Council denies the license, the denial must be based on findings of fact. This item would come back to Council for formal adoption of a resolution denying the license to the applicant, and the applicant must be given an opportunity for a hearing. Background/Discussion In June Rebecca Krause applied for a private kennel license for property located at 19425 Ogden Street. This property is zoned R1A and a conditional use permit is not required as private kennels are permitted on 5 buildable acres or greater. A kennel inspection was completed and passed. The exercise area is an area about two acres in size which is fenced in. The dogs shelter is the kitchen, living room, and back enclosed porch which has a doggy door to the exercise area. The porch is also the sleeping area for the dogs. The exercise area was clean and the animals had adequate food and water. The applicant owns 8 dogs that have all been licensed and vaccinated. There are no requirements regarding a limit on the number of dogs an owner is allowed in city ordinance. Neighbors were sent a notice regarding this request. The following complaints have been filed with the Police Department. S:\Admuustration\Council RCA\Licensing\Kennel\Priv Krause.doc Date Complaint Februa 24, 2008 Barkin do May 11, 2009 Veterinarian reported possible dog fighting operation. Complaint unfounded and applicant was told they needed to get rid of some dogs or get a private kennel license because the exceed the number allowed. June 17, 2009 Dog bite from Doberman Marlie. Dog declared potentially dangerous and re aired to be microchi ed. Do has been microchi ed. une 29, 2009 Barkin do ul 1, 2009 Barkin do ul 29, 2009 Barkin do All private kennels in the R1 districts required a conditional use permit unti12005 when a citizen requested private kennels be allowed as a permitted use on parcels greater than 5 acres. Staff is revising the animal ordinance and there may be additional changes required in the zoning ordinances. Staff will make additional changes to these ordinances based on Council comments. Attachments ^ Map ^ Elk River Kennel Statistics ^ Sampling of Other Cities Requirements Action Motion by Second by Vote Follow Up S:\Administration\Council RCA\Licensing\Kennel\Pri~- Krause.doc ~~-~~~-~ 75-131-i~~1: 75-13~D-1't~8 ~5-13:1-1~~?'_F r i 75-i ~f1-1~J~ +y`~-? 3~-7+F~ 7 ~~-,Fi 1 ~ -:i.32~a 75-x'17-d12 75-X17-03~~ N Vf e ~-1 ~~-1415 ~ T~-1 ~~-14416 Q ,r 5-51'-~ 3~0 Page 1 of 1 http://tsc-gis-ims2a.schneidercorp.com/output/SherburneCountyMN_tsc-gis-ims... 08/13/2009 Elk River Kennel Statistics Commercial Kennels Allowed in the R1a, A1, I1, I2 districts and require a conditional use permit Al Zoning PUD 4 Total in City Private Kennels Allowed in the R1 districts. Also requires a conditional use permit if lot is smaller than 5 acres or in a cluster subdivision. Allowed in Al as an accessory use and no conditional use permit is required. 2 R1 a (6 and 4 dog limit set on these) 1 R1d (No doh limit set) 3 Total in City S:\Administration\Licenses\Animal\Kennel Stats.doc Max # Animals Allowed Do you limit # Max # Animals WITH w/out kennel ferrets, rabbits, kennel gerbils? Anoka Tota13 dogs/cats combined Other domestic No kennel permits allowed animals not regulated. Ferret considered non- domesticated & not allowed Andover 3 dogs & 3 cats Other domestic No max/CUP always animals not regulated required & only on 2.5 acres or more Big Lake Total of 3 dogs or cats Other domestic No kennel permits allowed combined indoor animals not re ated. Chaska Total of 2 cats or dogs Other domestic Combined total dogs/cats combined animals not re ulated cannot exceed 5 Otsego No data received Ramsey No data received Ham Lake 2 dogs. Cats not regulated Other domestic No max (includes dogs anunals not regulated bred for show, hunting, or (ferrets not pleasure) referenced Lino Lakes 3 dogs. Cats not regulated Other domestic Private kennel allows a 4`'' animals not dog re ulated. S:\Administration\Licenses\Kennel\Notes from Other Cities.doc