Agenda - Council - 10/14/2008 - Laserfiche WebLink

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person and has made adjustments to her home to accommodate the situation. He stated that the bottom line, in his opinion, is to look at the dogs here and he doesn't have a problem with the small dogs. He stated that he would look at this different if this was five black labs running around because he agrees with Councilmember Dehen that can be dangerous. Motion by Councilmember Elvig, seconded by Councilmember Strommen, to Adopt Resolution 408-09-190 adopting Findings of Fact 40831 relating to the applicant's request for a conditional use permit for a private dog kennel for five dogs at 7960 - 171St Lane NW and adopt Resolution #08-09-191 granting approval of the Conditional Use Permit based on the Findings of Fact # 0831 and declaring terms of the same. Further Discussion: Councilmember Olson stated that she feels that Councilmember Dehen does bring up a good point because the ordinance says three dogs are allowed which is why Ms. Randall is here. She noted that it stated in the packet that she has one dog that is elderly. Ms. Randall stated that two of them are over eleven years old.. Councilmember Olson proposed that the CUP permit be for the five dogs that Ms. Randall currently has, and as they "pass" that they not be replaced. Ms. Randall stated that she was told that wasn't what the CUP was for and that once she had it she had it for life. City Attorney Goodrich stated that the Council can put additional stipulations, if it chose, that when a dog expires, the limit is then three. Councilmember Dehen stated that would be akin to an interim use permit until the dogs die. Mayor Gamec stated that the CUP is based on controlling these dogs and if the rules are not abided by, then there will be a problem. He stated that he feels this is for a lifetime providing she maintains the rules that the City sets. Councilmember Look asked what would happen if all five dogs die and she replaces them with five black labs. Mayor Gamec stated that if she can keep them under control, then he feels that is fine. Ms. Randall stated that she feels she has proven that she will follow the rules because she has followed the recommendations by the Planning Commission. Mayor Gamec -stated that most people don't come forward and try to follow the rules, so he would like to support people that do it in the right way like Ms. Randall. Ms. Randall stated that all dogs are spayed and neutered and are current with their vaccinations. City Attorney Goodrich stated that he feels it would be appropriate to include a condition to limit the size of the dogs. Ms. Randall stated that she wouldn't have a problem with that. Councilmember Strommen stated that Condition #5 says no dog under ownership shall be allowed to run at large, and at all times the dogs shall be physically controlled by either a permanent or temporary confinement area or on a leash. She stated that this says nothing about the breed or the size. She stated that she understands there may be some issue with larger breed dogs, but the CUP states that the dogs must be physically controlled. Councilmember Look noted that he understands the intent is to physically control dogs, but people put in invisible fences and the dogs still sometimes get out and become a risk, which is where he has concerns. Motion carried. Voting Yes: Mayor Gamec and Councilmembers Elvig, Strommen, and Jeffrey. Voting No: Councilmembers Dehen, Look, and Olson. City Council / September 23, 2008 Page 16 of 21