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<br />Commissioner Rogers concurred and stated you cannot predict if a dog will become aggressive <br />and/or bite somebody. <br /> <br />Commissioner Brauer requested clarification regarding the wording in the City Code about dogs <br />and specifically the requirement that they be under control. <br /> <br />Assistant Community Development Director Frolik stated the City Code reads that dogs are not <br />allowed to run at large and must be under the owner's control. . <br /> <br />Commissioner Brauer questioned how you keep five dogs under control. <br /> <br />Ms. Randall appeared before the Planning Commission and replied that two of the dogs are <br />always on tie outs and another ofthe dogs is a 12-year-old Shih Tzu. <br /> <br />Associate Planner Gladhill asked if there are specific materials the Planning Commission would <br />like, e.g., invisible fencing, chain link, if it is the intention of the Commission to include a <br />condition for a fenced-in area in the CUP. <br /> <br />Commissioner Brauer stated the applicants raised aesthetic concerns and felt it would be <br />appropriate to allow staff to work this issue out with the applicants. <br /> <br />Commissioner VanScoy stated the primary concern is the containment because of the number of <br />dogs. <br /> <br />Commissioner Cleveland stated it could even be a temporary contained area that would assure <br />the containment of the dogs during those seasons when they have the greatest potential to run. <br /> <br />Commissioner Hunt stated he had no problem with the number of dogs and was in agreement <br />with the containment requirement. He stated the law clearly states they have to be under control <br />and it is the owner's responsibility to find a way to contain them. <br /> <br />Acting Chairperson Levine concurred. <br /> <br />Motion by Commissioner Van Scoy, seconded by Commissioner Cleveland, to recommend that <br />City Council adopt Findings of Fact relating to the applicant's request for a conditional use <br />permit for a private dog kennel for five dogs at 7960 171 st Lane NW, with the following <br />amendments: <br /> <br />Finding of Fact #13 shall be amended to state: "13. That the proposed use will/v{ill not <br />may be unduly dangerous or otherwise detrimental to persons residing or working in the <br />vicinity ofthe use or to the public welfare unless the animals are physically contained." <br /> <br />New Finding of Fact #11: "11. Statements made at the public hearing and in police <br />incident reports indicate there have been incidents when dogs have been running at <br />large. " <br /> <br />Planning Commission/September 4, 2008 <br />Page 5 of 12 <br />