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5.1. SR 11-16-2009T'o ~tenn iVunlber Ci Council 5 ~ ~ Benda ecti®n eet~ng ate Prepared b~ Commun.it Develo ment November 1 G, 2009 Chris Leeseber , Parr Planner-Planner stern e~criptr~n ev~ewed y Request by Laura Osman to Amend Existing lnteri.~n Use Jerem Barnhart, Plannin Mana er Permit for Commercial I~ennel,lOGIG 175`' Avenue, Public evaewed b~ Hearing--Case No. CU 09-23 Actin a jested Staff and the Planning Coinn~ission recommend the City Council approve the Znteri~n Use Permit request, as illustrated on drawings dated 10/2G/09, with. the following conditions: 1. As an Interim Use Permit is not a building permit, the applicant shall apply for all required permits, Z. The interim use shall terminate with the final platting of the property or with the sale of the property. 3. No more than fifteen X15} animals shall be boarded at one time. 4. If more than fifteen X15} animals are desired, the applicant shall apply for an amendment to the Interim Use Permit. 5. Signage shall not exceed two ~2} square feet in site. G. Signage shall be located on the subject property and not in the right-of-way. 7, liarl~ing animals shall be kept indoors. S. All animals, when not located in the dwelling, accessory structures}, or fenced area shall be on leashes. 9. A11 l~ennels shall be Dept clean and all animal waste shall be disposed of properly as per section 1U-9. 10. All animals shall be on a six ~G} foot or shorter leash when outside of the fennel. 11, lilo more than two ~2} animals per supervisor shall be allowed outside of the kennel. 12. All animal waste deposited outside of the property shall be collected and disposed of properly. 13. There shall be no more than one ~1} independent contractor on site at any time. 14. There shall be no on-site commercial activities such. as breeding or selling of animals. 15. Identification tags shall be on each of the animal's collars indicating the name, address and phone number of the kennel. 1G. No animals designated as dangerous or potentially dangerous axe allowed to be kept at the kennel and beeping of a dangerous or potentially dangerous animal shall be grounds for revocation, 17, The previously approved Conditional Use Permit CU o7-1() Sherburne County Document #G5920~} will expire upon approval of this Conditional Use Permit CU Q9-23. S,~PL~]NNING NIAIN~Case Fifes~CUl~~CU D9-23 osman IUI'~CU U9-'?3~CC,doc umr~a~~° The property is zoned R~ a and in that zoning district, comtnexcial kennels are allowed as a conditional use. The applicant received an interim Use Pe~.•~nit ~fUP} to allow a commercial l~ennel by the City Council on June ~ 8, 2007. The approval CCU 07-10~ was fox six animals. A condition on that permit was they would be required to amend their fUP i£ they wanted maze anhnals. The applicant would lil~e to increase the number of animals at tl~eix commercial l~ennel facility on theit• property to fifteen X15}. Mann~~~ yr~r~~ssivn i~cus~ivn The Planning Commission wanted claxi~~cation on what an independent contractor was. The applicant clarified that she ~voxks with six different people who help maintain tl~e site, but they axe not obligated to only work at her site. The expiration. of the pex~nit was also discussed and explained that upon expiration of the fnteri~n Use, . t e app cant may app y o~• an extension to the Inter.~n Use. The Planning Commission unanimously recommended approval of the request. Pubic vmment No one spol~e at the public heating, tta~chnnent5 W Staff report to Planning Commission dated November 10, 2009 Ctiv~ 1~Iolion by Second by Vole Fvilvw p S:~PI,t1NNINC~ NiAIN~Case l~iles~CUl'~CU Q9-23 Osman IUP~CU 09-23~CC,doc ~~ ever REQUEST FOR ACTION o item ember Planning Commission 5.1 Benda eCti®n eetin ate reared by Planning Ttems November 10, 2009 Chris Leeseberg, Parr Planner Planner item e~cr~ption ev~ew~d by Request by Laura Osman to Amend Existing Tnteri.m Use Jeremy Barnhart, Planning Manager Permit f or Cammercial Kennel, ~ 0616175" Avenue, Public evi awed by Hearing ~- Case Na. CU 09-23 Action Requested Staff recommends that the Planning Commission recommend approval of the Interim Use Pernut 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 far all required permits, Z. 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 X15} animals shall be boarded at one time. 5. If more than fifteen X15} animals are desired, the applicant shall apply far an amendment to the Interim Use Permit, G. ~ignage shall not exceed two ~2}square feet in size. 7. ~ignage shall be located on the subject property and not in the right~of~way. s. Barbing animals shall be kept indoors. 9. All animals, when not located in the dwelling, accessory structures} 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 ~G} foot ar 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 ~~.} independent contractor on site at any time. 15. There shall be no on-site commercial activities such as breeding or seliYng of animals. 1G. 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 ox potentially dangerous are allowed to be kept at the kennel and keeping of a dangerous or potentially dangerous animal shaft be grounds for revocation. ~.~, The previously approved Conditional Use Permit CU 0710 Sherburne County T~ocument G59249} will expire upon approval of this Conditional Use Permit CU 09~Z3. Case File: CU U)-23 Pale 2 Interim Use Permit Laura Osman a.c~~r~un The applicant received an Interim Use Permit ~IUP} to allow a commercial fennel by t11e Cit~T Council on June 18, 2007. The approval was for six anifnals. ~. condition on that permit eras they urould be required to amend their IUP if they wanted more animals. tta~chr~ents Location 11~Iap Applicant's Narrati~re Site Plan Floor Plan ~nera~ n®rr°~ati~n [~ca~nt Laura ~s~ra.an ay use The Cit~T must take action by December 23, 200 equ~~t~ eta®n Interim Use Permit ®eat~~n a.nd Sze Approximatel~r IG acres south of 175' Avenue near the Poll Street alignment. L®ca,t~~n xi~t~n se Lind s~ fan e~[nati®n urr~nt ~nin uh~ect r®p~rty Single Family Hi h Densi Residential g tY R1a ~rth Sitlgle Family High Density Residential R1c Guth Single Family High Density Residential R1a a,~t Single Fan~il.y High Densit~T Residential R1 a Est Single Family High Density Residential R1a verya~ The property is zoned RI a and in that zoning district, con~nercial kennels are allowed as a conditional use. Tlae applicant would like to increase the number o~ animals at their commercial fennel facilit~T on their property to ~.fteen ~I5}. The previous approval CCU 07~10~ allows G animals. The I C~-acre propert~r is anirregularly-shaped parcel with approximately I0 -1 i acres being wetland with a drainage ditch bisecting a portion of the east end, The nearest residence to the proposed fennel area is approximately 200 - 250 feet to the west. A second residence is about. 500 feet to the east. s:~PLANNING Mt1IN~Case Fi~es~CUP~CU 09-23 Osman IUP~CU D9-23,~PC,dac Case rile: CU 09-23 Page 3 interim Use Pe~Ynit Laura Osman The applicant is proposing to board up to fifteen X15} animals at one tine. Tl~e animals will be kept in the hatne and/or accessa~~T stt-ucture~s}. They are going to convert one of their detached accessory stL-uctures into a boarding facility. There is an existing fenced area for tl~e anianals which is attached to t11e hone which will provide an area for the animals to get exercise. They are planning on enlarging tl~.e fenced area to create one larger area that connects the house to the proposed boarditlg facility. The animals will also be walled on leashes on the sixteen acres and/or on tla.e sidewalk and trails. Per tl.~.e applicant's narrative, nuisance barking will be monitored carefully, and excessive barkers will be brought inside. The applicant currently has independent contractors that worl~ on then propert~T for about an hour a day doing clean up work. They are asking permission to have one of six independent contractors far approxitnatel~r 2 hours a day on site doing work. The existing drivewa~r can accommodate up to six vehicles which should be sufficient fox proposed use. Signage shall be located on the property and shall nat exceed two ~2} square feet in size. The City Council approved a silxail.ar request in the same zoning district on September 21, 2009, That applicant requested 15-20 ai~i.mals but the Council approved up to ten. The difference between these two requests is the current applicant is not proposing any breeding acti~nties. ®~rehensiv~__ [a~ The subject property has a High Densit~T Residential land use and is part of a larger land ~raass in wl~ch the Cit~r Council 11ad approved a concept master plan. This has been known as the 175' redevelopment area. Based on tl~e High Densit~~ Residential land use, expansion of the Urban Set~vice District could be anticipated. Additionally, the subject parcel is located in the 17~~~ FAST study, ~IC~~~~ eu~a~~~n5 ~~ In determining whether to authorize an interifn use, the planning com~ni.ssion and city council shall consider the following criteria: ~, ~']~e peg°lad of tzme fa~° ~hid~ the inte~~m use pe~ry]nit is to begs°anted ~i]l te~~]inate before a~~~ ad~~erse impacts a~°e felt upon adjace~at p~°ope~~ies, Z. T']~er e is adegua~e assurance ghat ~]ae p~~ope~ y ~vill. lie ]~t i~a sr~i~ab]e condition afte~~ tlae use is te~~ni~zated. 3. T'he use is sirni]ar to uses defined in the honing dist~~ct in ~I~ic]~ tl~e propel~j~ is ]acated. 4. T`I~e date a~~ e~~e~~t t].~a~ ~a~il] te~~ni~zate the u.re ca~71~e identified ~itl~ ~~~~aisaty. ~, Authoritiing t]~e use gill not impose additional casts an t]~e pub]ic if it is ~2ecessa~ for t]~e~ublic to ta,~e t]~e prape~ y in the futu~~e. ~. ~'he app]cant and use~~ agree to al] co~aditions that tl~e ci~~ cairncil deems appra~riate for autho~~~ation of t]~e Zl2te~"l9n use, S:~PL~~.NNING NIA~N~Case Files~CUP~CU f19-?3 osman IUP~CU {19-23.~~'C,doc Case l1i~e: CU ~9-23 Page 4 Intez~m Use I'etYrut Laura Osman 7, ~'I~e ap~lica~~tprovide~ assu~~ances deemed adegudte ~y t1~e cite ca~rncil that t]~e use ra~ill te~~~~zinate arp~°ovided in t]~e inte~~~a 1r..~e~e~~zit, ~'he cif council ~~aay ~°egari~~e tl~e applicant to deposit a cash ar~zou~zt n~it1~ t]~e city, or ~~°o7~ide sor~ae otl~e~n fo~~n of sec1~~°l y, to e~2.~1~j°e co~~a~liance ~ltl~ tl~i~ c~~lte~~ia, Requited fi~Idi~gs: The city cou:~cil must detet~n~n.e that tine authorization of tine inteiiin use uri~l not ~esu~t i~ adverse effects on ~.ae public healt~l, safet~T, o~ welfare, C~~a~1 II.lotion b~~ Second b~~ Tote ~I~o' S:~PLt1NNING MAIN~Case I~iles~CUP`C[] (]9-?3 Osman IUP~CU ~9-23~PC.dac cque~ far ~me~~.~e~~t ~ ~ntc~x. Jse F~~t I am currently operating a very successful pet sitting business called .~.dventures in pet fitting, LLB. This is my full time fob, and my business consists of visiting client's pats in their home as well as boarding dogs at my ham.e. 1 currently board up to six dogs at a time, The dogs are bearded in oar attached garage, ~ season porch, and basem.ent~ we have a fenced back yard for them as well. Nly custan~ers love bringing their dogs to roe. They have spread the ward to many of their family m.en~bers, friends, eo~warkers, etc. The need for a laving, homelike boarding facility is greater than 1 expected, and ~ would like to be able to provide my service to more custarners to moat the damand. we feel that we can easily accan~.odate more boarding and daycare dugs to fill the needs of dog owners in the ilk River area. Clur project consists of converting our large detached garage X36.5 feet x ~~.~ feet into a dog boarding facility and adding additional fencing an our property. having the dad bearding 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 accamm.odat~ 1 ~ boarding and daycare dogs on our 1 ~ acres, we would like to recl~uest permission to baatd 1 S dogs incase there is some pverlap dogs geeing dropped off before others are picked up},we anticipate that we will only reach full capacity an summer weekends and holidays. fur current driveway, which can fit ~ cars, will still be more than adequate space far parking, we usually only have one customer visiting at a time. ~n rare occasions there may be two custam.ers at a time, we will continue to offer dog boarding services ~~ hours per day, 7 days per week. Finally, ~ have a few independent contractors that work for my pet sitting business. ~ would like permission far them. to help on cur property for a few hours per week. They would help with cleaning the facilities and yard as well as giv~.g tho dogs sorr~e extra live and att~ntl0n. we are aware that the city is currently reviewing plans for possible fine development to occur an our properly, we hope to use our property as we are allowed under current zoning, ~.s previously agreed, the lnter~ Use hermit shall terminate with the final platting Qf the property or with fhe solo of the property, we understand that we can apply for an extension to the interim use permit at that t%n~e. 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 made sure to bring dogs inside when they begin to bark excessively. dogs are kept on leashes when they are not inside the building or f enced yard. The facilities a~.d praper~y are dept very clean, ~e px~vide a premier service to dag ov~mers in the ~~~ River area. fur cu~~omers are very happy with cur ~erviee, and vie dove pravzd~ng z~. ~~• wi.~ ww .~wr nr;~t ..rrr .mom .- 's ( .. ~r .. Y; ~~ r: ~. :. ~, I ~*,~.. 3 M:' ~r. ~. l f i 1+A!:wxd amwx rvwn s S { ` 1 S~ F .. C t 5 yF P ~~ ~~ T . ~ .... w~ ~„h ~~ ~~.. .. ~. ~ ~Y .. .. ~LC f ~ •k ' G`~ ~ ~~ ~1, f ~ ~.~ "vT,.N •:uwan' Mr ~.~. .+J:N..:1: i1LwiFridawF ~. MM1 r..~ ~V4Y11 t ~, } k t S . r`, ~. M~ CdMMf1M' ~~F . ~ .n •]- ... '~M. wMwVwM~N' Ul~ti WXNNN . ~,. .~ i 0 0 ,I ~ ._ V~~~ .. '_. .. ... _ _. .. - I I '- i ~' 1 ~ ~~ ,I ~ t~ _~ ,.. ~ I ~ E i r'~h~ 1 ~~11 . ~"J1r7 ~`~ ~ \ ~ , ~N ~15Y1 I f ~ ~ i 1 ~~ ,..I CJ . r ~~ `~~ ~R- - r=r.~...,~.. - - ~... Y. ,..._ .~ .. k 1 I i j I I 1 I „~ ~ ~ f ~~ 1 ' f w i ~ -, r'` ~., ,~ ~~-~ ~~; t ~~ r1~ ~ ~~ ~ ~ ' ~ ~ ~~.w ~~~-~ .I h '•..,r~ t~ r• ~"~ .~ ~ _ - r~~ ! \~ 1 e ~~",~' ~~ ~~ s~ ~ 'k, ~" i; E: ~. ~. .~ "~~ .n. ~ i W~ LZ~~~~OZ bQOZ/8ZIOi '6Mp~deW uo~~e~olldflI'~ews® €Z-60 fl~ldfl~ls~fs~ ~s~~1~NINNb'1d1~5 Applicant CU 09-23 Amend Existing IUP November 16, 2009 Location Map Overview June 2007 received IUP Currently allowed 6 dogs R1a 16-acres Expand to 15 dogs Convert detached shed into boarding facility Adding fencing Driveway 6 cars One at time typically Residence 200’-250’away Site Plan Birds Eye View Floor Plan Analysis The Interim Use shall terminate with the final platting of the property or with the sale of the property. They are asking permission to have one of six independent contractors for approximately 2 hours a day on site doing work. Planning Commission Clarification on Clarification on Independent Contractor Independent Contractor When the permit expires? When the permit expires? Unanimously approve Unanimously approve Recommendation Staff and the PC Staff and the PC recommend the CC recommend the CC approve theIUP request, approve theIUP request, as illustrated on drawings as illustrated on drawings dated 10/26/09, with dated 10/26/09, with conditions outlined in the conditions outlined in the staff memo dated staff memo dated November 16, 2009. November 16, 2009.