5.1. PCSR 09-15-2009~j
City of
Elk -.--_~
River
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.1
Agenda Section Meeting Date Prepared by
Plannin Items Se tember 15, 2009 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by John Fahey for a Conditional Use Permit fora erem Barnhart, Plannin Mana er
Commercial Kennel, Reviewed by
Case No. CU 09-18 -Public Hearing
Action Requested
Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit
(CUP) request, as illustrated on drawings dated 8/24/09, with the following conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
require permits.
2. The commercial kennel shall be limited to fifteen (15) animals over the age of 6 months.
Additional animals 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 animals must be licensed and vaccinated.
6. All animals shall be on a six (6) foot or shorter leash when outside of the kennel.
7. No more than two (2) animals per supervisor shall be allowed outside of the kennel.
8. All dog waste shall be cleaned up immediately when dogs are off of the subject property.
Background/Discussion
The applicant currently has three dogs, three cats and 12 puppies and is applying for a Commercial
Kennel CUP.
In May of 2006, this property did receive a CUP for 15 horses on the property. That operation has since
ceased use for more than a year, lapsing the CUP.
Attachments
• Location Map
• Applicant's Narrative
• Site Plan(s)
Permit Application for Commercial Kennel
Case File: CU 09-18
Page 2
General Information
Commercial Kennel
john Fahey
Applicant John Fahey
60 Day Rule The application has been deemed complete as of September 10,
2009. The CitSJ must take action b November 10, 2009
Requested Action Conditional Use Permit for Commercial Kennel
Location and Size 9630 213' Avenue
Approximately 9.88 acres
Location Existing Use Land Use Plan Designation Current Zoning
Subject Single Family ~_ Rural Residential R1a-Single Family
Property Residential Residential
North Single Family RR R1a
Residential
South Single Family RR R1a
Residential
East Single Family RR R1a
Residential
West Single Family RR R1a
Residential
Overview
The Zoning Ordinance, Section 30-991 (d) (11) requires a Commercial Use Permit for residential
properties in the R1a district. The subject property is almost 10 acres in size.
Commercial Kennels are defined as: means any premises avhere more than three animals over six months of age
are boarded, trained or bred for compensation or are offered for .tale, except for animals being raised as agricultural
livestock, an animal hospital, a veterinary clinic or a pet shop.
The applicant is requesting a Commercial Kennel Conditional Use Permit for 15-20 animals.
Because of anticipated noise and waste reasons, staff is recommending that the number of animals
not exceed 15 animals.
The proposed kennel spaces will be located in a heated shop under the garage and also in the
detached pole building. There is an existing fenced area attached to the pole building and the
applicant is proposing adding another fenced area attached to the shop area of the house.
The kennel will be operated seven days a week with hours of operation for visitors will be 9:00 am -
8:00 pm.
S:APLANNING MAIN\Case Files\CUP\CU U)-18 Fahey Kermel\CU 09-18_PC.doc
Case File: CU 09-18
Pagc 3
Commercial Kennel
John Fahey
The applicants narrative explains in detail the amount and types of kennels that will be utilized as
well as fencing. Their Permit Application for Coirunercial Kennel addresses shelter, food supplies,
waste disposal, noise, care and supervision.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. Dill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
city.
2. lY/ill 6e consistent with the comprehensive plan.
3. 1-Ylill not impede the normal and orderly development and improvement of surrounding vacantproperty.
4. 1-Ylill be served adequately 6y and will not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer ystems, parks and schools; and
will not, in particular, create tra~c congestion or interference with traffic on adjacent and neighboring public
thoroughfares.
5. Dill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. Dill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Dill 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.
Action Motion by Second by Vote
FOllow Up
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Kennel Permit Narrative
This Kennel would be owned and run by our Family, which consists of 4 Adults and
two Children (ages 12 & 8). These dogs would be apart of our family and receive lots of
love and care from all of us 7 days a week. Hours for Visitors would be 9:00 am to 8:00
pm.
Under the garage is a heated workshop, which we plan on converting into a place for
our pregnant dogs and their puppies. There would be three 6' by 5' by 5' kennels with a
4' by 3' by 1'6" puppy boxes inside. We have a separate birthing box that is 6' by 4' by
3' with the puppy safety ledge. The Galvanized Fencing with green treated wood post
attached to house is 21' wide on one side by 73'9" (Includes a 10'6" gate) long by 21'8"
wide on other side. The chain link kennels attached to the barn on the outside would be
4' wide by 5' high by 12' long. The inside part of these kennels would be 4' by 5' by 3'.
Sincerely,
hn D. F ey
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~~~E RECEIVES
CITY OF ELK RIVER
PERMIT APPLICATION
~.-1 FOR
.Y,
Ver COMMERCIAL KENNEL
~~~~
~~~
60o p~(
I_ `~ 2
Full name of applicant ~.~ -" Y V~ ~ ~Gt ~ ~C.l, ~'~„ 1L.~-i J ~ t ~~ `~
Address of applicant a 3 ~' J'~-- ~ ~ ~ b ` ~~,~
(Street) (Cij) (State) (Zip)
Phone number of applicant ~~ ~~ ~~~f'
4.
5.
6.
Applicant is (check one): ~Indi~ridual ^ Corporation ^ Partnership
^ Other Organization
Indi~ridual:
A. If employed, name and address of emplo er ~a-~ ~ ~1 ~ lQ.,~C1 ~2 . / 3 O~ ~ y~ rd.
B. Have you ever been convicted of any crone, rrusdemeanor, or ~riolation
of any municipal ordinance relating to the care or treatment of animals?
^ Yes ~No
~rporation~Partnership, Other Organization:
A. Is the corporation, partnership, or other organization organized under
Minnesota lain? ^ Yes ^ No
If no, state in which organized
B. Is organization authorized to do business in Minnesota?
^ Yes ^ No
C. Attach copy of Certificate of Organization to transact business in Minnesota (received
from Secretary of States o~ce).
Attach list of the authorized agent or employee of the applicant who will transact
business in the City of Elk River on behalf of applicant including the fo1llowing 1
information: ~u, ~ 1 L y 'p ~.,5 K~ ~. G, ~, a '(~ ,n, -- ~ -~"1' ~~ C,~-~L,C,
Name_
Address
Phone #
8. Has the applicant or any other officer, director, partner, agent, or employee of the
applicant ever been con~ricted of a crime, misdemeanor, or violation of municipal
ordinances relating to the care or treatment of animals? ^ Yes ~ No
Address of commercial kennel Q ~/l,)lJ a' ~ 3 ~ ~ ~- ~ ~ ~ ~~ ~ l~ b v`Pi~
SS~.33o
10. Zoning designation of kennel location ~_
11. How many animals will be kept at the kennel? (~ - of 6 I'~'1 C~ ?C
~~
12. Describe the provisions made for each of the following actitrities:
A. Type of shelter and bedding {~~ i ~~ yS W ertf'e~. (..~f ~S~P ~ ~G~ `~
~1 o J J~ 1 n ~ n'~ ~~t 1"Q,~S
~o rtie.d~, '~ l ~.~ IGe~ s ~.,..~ Sh~~ .,~~s ~ti~~e.( r po ~ ~ t~c.S .
B.eating, lighting, and ventilation ~C~1'~SS ~r~ ~ t r ~ r (-~~~-.s~~d C9JV1'f -(`c~, ~ {~{-i /,
~ pt`~d - C ~ G~r ~ a,,p ~. ~nr~ ~ ~x~ (w~~.c, mnrt Q n~ 4 t_~t nel n~,,~ ~~r- ~f ~..~, I R,~J;
~ ~ ~ ~ • i ~ ~ >1~-~ n~ cxc.~~ ~-x.. ~,,r r, a \~s n Has 1-t-~esv~t-~ n~ l ~. ~ ~.s.
G Temperature control Ihp,~ ~. ln5 t Cn.,2-~r~ \ ct. ~ (' ~ (~q (` v~ ~~ S
~ ~ p.c~i , ~ S r Y' p___~__ ~t~ n ~'S~~.~ ~?~ ~ 4, t^G.c_. ~~C-S c~ ~- C 4, v1 ~2 ~ ~~
D. Storage/refrigerati~ of food supplies ~P~r t eat,f ~-~'t~~ ~ r\ ~()Sc~ ~ w6(' ~~~
E. Waste disposal Vt~ ~ ~, S ~- ~ '2-Q.- ~-Q ~ 1 C• 4"! ~ .
F.
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n'p, ;G''
13. What time and day of the week is most convenient for the Elk River Police Department to
conduct a kennel inspection? 'F~c' ~ b4.u S ^ 4 n ~_ '~1~
I am familiar with state laws and local ordinances regarding the care and treatment of animals and operation of
kennels and have reviewed the Code of Ordinances for the City of Elk Fiver, Chapter 7 0, and represent that the
above-described kennel activities will be operated consistent with state law and local ordinances as described above. I
acknowledge that I have completed this application true and correctly. I also understand that this permit must be
renewed eachyear. ~ ~
Fot Office Use
---------------------------------------------------------------------------------------
Application Fee Paid: ~}15~~ ~ `~~~
City Council Meeting Date for Conditional Use Permit:
Kennel Inspection Completed: ~~,rr~ -tZ f~ ~sl~s"~r~i
Comments:
Council A
Supervision of animals ~~ bP C ~ D~ (' ~ S SQ.c~. 7 ~4_v. S
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