5.1. PCSR 11-10-2009REQUEST FOR ACTION
To Item Number
Plannin Commission 5.1
Agenda Section Meeting Date Prepared by
Plannin Items November 10, 2009 Chris Leesebe ,Park Planner-Planner
Item Description Reviewed by
Request by Laura C-sman to Amend Existing Interim Use Jerem Barnhart, Plannin Mana er
Permit for Commercial Kennel, 10616 175`" Avenue, Public Reviewed by
Hearing -Case No. CU 09-23
Action Requested
Staff recommends that the Planning Commission recommend approval of the Interim Use Permit
request, as illustrated on drawings dated 10/26/09, with the following conditions:
1. As an Interim Use Permit is not a building permit, the applicant shall apply for all
required permits.
2. The Interim Use shall terminate with the final platting of the property or with the sale of
the property.
3. Upon expiration of the Interim Use, the applicant may apply for an extension to the
Interim Use.
4. No more than fifteen (15) animals shall be boarded at one time.
5. If more than fifteen (15) animals are desired, the applicant shall apply for an amendment
to the Interim Use Permit.
6. Signage shall not exceed two (2) square feet in size.
7. Signage shall be located on the subject property and not in the right-of--way.
8. Barking animals shall be kept indoors.
9. All animals, when not located in the dwelling, accessory structure(s) or fenced area shall
be on leashes.
10. All kennels shall be kept clean and all animal waste shall be disposed of properly as per
Section 10-9.
11. All animals shall be on a six (6) foot or shorter leash when outside of the kennel.
12. No more than two (2) animals per supervisor shall be allowed outside of the kennel.
13. All animal waste deposited outside of the property shall be collected and disposed of
properly.
14. There shall be no more than one (1) independent contractor on site at any time.
15. There shall be no on-site commercial activities such as breeding or selling of animals.
16. Identification tags shall be on each of the animal's collars indicating the name, address
and phone number of the kennel.
17. No animals designated as dangerous or potentially dangerous are allowed to be kept at
the kennel and keeping of a dangerous or potentially dangerous animal shall be grounds
for revocation.
18. The previously approved Conditional Use Permit CU 07-10 (Sherburne County Document
#659209) will expire upon approval of this Conditional Use Permit CU 09-23.
Casc bile: CU 09-23
Yagc 2
lntcnm Usc Pern'ut
Laura Osman
Background
The applicant received an Interim Use Permit (IUP) to allow a commercial kennel by the City= Council on
June 18, 2007. The approval was for six animals. A condition on that permit was they would be required
to amend their IUP if they wanted more animals.
Attachments
• Location Map
• Applicant's Narrative
• Site Plan
• Floor Plan
General Information
Applicant Laura Osman
60 Day Rule The City must take action by December 23, 2009
Requested Action Interim Use Permit
Location and Size Approximately 16 acres south of 175` Avenue near the Polk
Street alignment.
Location Existing Use Land Use Plan Designation Current Zoning
Subject
Property Single Family High Density Residential R1a
North Single Family High Density= Residential R1c
South Single Family High Density= Residential R1a
East Single Family High Density Residential R1a
West Single Family High Density Residential R1a
Overview
The property is zoned R1 a and in that zoning district, commercial kennels are allowed as a
conditional use.
The applicant would like to increase the number of animals at their commercial kennel facility= on
their property to fifteen (15). The previous approval (CU 07-10) allows 6 animals.
The 16-acre 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.
S:AP].ANNING MAIN\Casc l:iles\CUP\CU U)-23 Osman IUA\CU 09-23_PC.doc
Case Pilc: CU U9-23 Interim Use Permit
Page 3 ],aura Osman
The applicant is proposing to board up to fifteen (15) animals at one time. The animals will be kept
in the home and/or accessory structure(s). They are going to convert one of their detached
accessory structures into a boarding facility. There is an existing fenced area for the animals which is
attached to the home which will provide an area for the animals to get exercise. They are planning
on enlarging the fenced area to create one larger area that connects the house to the proposed
boarding facility. The anunals 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.
The applicant currently has independent contractors that work on their property for about an hour a
day doing clean up work. They are asking permission to have one of six independent contractors
for approximately 2 hours a day on site doing work.
The existing driveway can accommodate up to six vehicles which should be sufficient for proposed
use.
Signage shall be located on the property and shall not exceed two (2) square feet in size.
The City Council approved a similar request in the same zoning district on September 21, 2009.
That applicant requested 15-20 animals but the Council approved up to ten. The difference between
these two requests is the current applicant is not proposing any breeding activities.
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 had approved a concept master plan. This has been known as the 175`h
redevelopment area. Based on the High Density Residential land use, expansion of the Urban
Service District could be anticipated.
Additionally, the subject parcel is located in the 171" FAST study.
Applicable Regulations
In determining whether to authorize an interim use, the planning commission and city council shall
consider the following criteria:
~. The period of time for avhich the interim use permit is to be granted mill terminate before any adverse impacts
are felt upon adjacent properties.
2. There is adequate assurance that the property aa~ill be left in suitable condition after the use is terminated.
3. The use is similar to uses defined in the tinning district in which the property is located.
4. The date or event that will terminate the use can be identified with certainty.
5. Authoritiing the use will not impose additional costs on the public if it is necessary for the public to take the
property in the future.
6. The applicant and user agree to all conditions that the city counczl deems appropriate for authoritiation of the
interim use.
S:APLANNING Ml1IN\Case Files\CUP\CU 09-~ Osman iUP\CU 09-23_PC.doc
Case Pile: CU 0')-23
Yagc 4
Interim Use Pemvt
],aura Osman
7. The applicantprovides assurances deemed adequate by the city council that the use avill terminate as provided
in the interim use permit. The city council may require the applicant to deposit a cash amount with the city, or
provide some other form of security, to ensure compliance aa~ith this criteria.
Required findings: The city council must determine that the authorization of the interim use will
not result in adverse effects on the public health, safety, or welfare.
Action 1~Zotion by Second by Vote
FOllow Up
5:AP1,ANMNG MAIN\Case Piles\CUY\CU 09-23 Osman IUP\CU 09-23_PC.doc
WV LT~££~Oi 6002/8Z/OT '6Mp~deW uoi~e~o~~d~I uews0 £Z-60 fly\dfl7\sa~i~ ase~~9NINNVId\ S
-~ „ w -, a- -
~ ~ ~" Z' ° m~,,
+ s ~,. ___
z
r
Y , ,
r ~~ abS'
y _ _- a ~~j 6%
da ~:
_' <
t
a ~
~
A.S{" - x w~
'yg.
'~~
~
~c~ ~'
nil' a ` 'i` s ~ _
x- [o-
C J.
.
~ d
~~ ~ ygqq~yy~~~rr... ~
~w ~ fr~~~~r ,~~~ ~ _
•Y • ^ J~' v
_ __ _.
'
.~. ..?
,... .
aa a
~..
i
~
T -
a
~.
.. ,. ..r r,.. 4d !.'~~k
y .. 1 a
~
``t,
~~
• •'•~
'
~ F
r
~
~
x
At
,.. * ...
... is } is 3~ c `~ .d. 9A "'.a . "RJNr; ~
~•
+S'~
i ..
i~ 4y„-'r+
' ~ ~' ~ p 1 v jog-~ d;' ~
~ t.
{, ~Y
..• / ^
~
~
f
~F
^'",~
-
'
~
}}} y
a rte' ' p' '~ . j~'~ ~' ~~'
~ '~
Y i
E
~.
f ~ r
~~
A r
-- --- d
_ - _z,~-'TAT T
_-_ -_
..
,_... _... ~ i~ , ~~ '~ ~~
~~ ~~,~V'+ ~~. ~ -
au ~ ~ ~.~
-- .~_
I _
„~,
- ~,_
- ;~r~
,,
-
~. ~
~.
__ ; ~,.
/
_
_,,
-~ --- -
~ ~~
,~
.
~<
ti'' k
i _- ~( 1.
/"n
_ __ _ _ _ -~
___ '
/'- .~- _
F. - ~- 'T" t
F1 - ___.
i
T 14
~ -
~.~
-'
~ ~
.. ~ .:
:. j n
~, '
~i
7
~- {
r
~;
_.i -. ".Ti _._ __..
-~-_
___-
-_ ;
qi
\ a
Request for Amendment to Interim Use Permit
I am currently operating a very successful pet sitting business called Adventures in Pet
Sitting, LLC. This is my full time job, and my business consists of visiting client's pets
in their home as well as boarding dogs at my home.
I currently board up to six dogs at a time. The dogs are boarded in our attached garage, 3
season porch, and basement. We have a fenced back yard for them as well.
My customers love bringing their dogs to me. They have spread the word to many of
their family members, friends, co-workers, etc. The need for a loving, home-like
boarding facility is greater than I expected, and I would like to be able to provide my
service to more customers to meet the demand. We feel that we can easily accommodate
more boarding and daycare dogs to fill the needs of dog owners in the Elk River area.
Our project consists of converting our large detached garage (36.5 feet x 22.5 feet) into a
dog boarding facility and adding additional fencing on our property. Moving the dog
boarding into the detached garage will allow us to use our attached garage far our cars
and storage again. Once the existing building is remodeled, we can easily accommodate
12 boarding and daycare dogs on our 16 acres. We would like to request permission to
board 15 dogs in case there is some overlap (dogs getting dropped off before others are
picked up).We anticipate that we will only reach full capacity on summer weekends and
holidays.
Our current driveway, which can fit 6 cars, will still be more than adequate space for
parking. We usually only have one customer visiting at a time. On rare occasions there
may be two customers at a time. We will continue to offer dog boarding services 24
hours per day, 7 days per week.
Finally, I have a few independent contractors that work for my pet sitting business. I
would like permission for them to help on our property for a few hours per week. They
would help with cleaning the facilities and yard as well as giving the dogs some extra
love and attention.
We are aware that the city is currently reviewing plans for possible future development to
occur on our property. We hope to use our properly as we are allowed under current
zoning. As previously agreed, the Interim Use Permit shall terminate with the final
platting of the property or with the sale of the property. We understand that we can apply
for an extension to the interim use permit at that time.
We take the guidelines that the city has set for us very seriously and will continue to
follow them closely. We are extremely conscientious of our neighbors and make sure to
bring dogs inside when they begin to bark excessively. Dogs are kept on leashes when
they are not inside the building or fenced yard. The facilities and property are kept very
clean.
We provide a premier service to dog owners in the Elk River area. Our customers are
very happy with our service, and we love providing it.
~~
1
t
i
Qr
,s..
€ +~.,~,
~....
~ 1 ~
~.,'
I
{
~ I
~y
~ ~ ~ '"7"
.~
~,...~.,
~ ~,.
~..
~~
Y~
.-~
r'?
~~
I
C;
3
tt
~.`.
`~
~..J
i.1 ~
W
~_
W
~W~/ ~
,,Li.
'~Y Q
~ r
y.
r
~~^
--a
wi
C .~
~__
-~ j `~ .. - ~".." I
x.~
V
ld]
t~
~ O
~
`/`~
~~ F _~t f
'~-
~
r
~.~
~.
__ ~
f. _,, c~
~~
:~
i~v+ ~ ~~
/ '
'.f
~.~-
I `F+
~~'
^~ I~
C.
~~~_t ~~
Y
.~-'~~ I
~ j
n
./-'
i
1