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Commissioner Van Scoy asked if the City retains the option to take action if further issues arise <br />as a result of the issuance of the CUP. <br />Community Development Director Miller replied in the affirmative, referencing item #3 of the <br />conditional use permit. <br />Commissioner Van Scoy recited item #3 of the CUP for the benefit of the public, which reads <br />"That upon confirmation of any complaints of odor or noise.Oblems relating to the dogs, the <br />City may take action to abate the nuisance in accordance w ection 5.09.03 (Dog Regulations), <br />subd. 18 (Dogs Disturbing the Peace), of the Ramsey Citycode." He also recited item #5 of the <br />CUP, which reads "That no dog under the ownership o the Permittee shall be allowed to run at <br />large; and at all times the dogs shall be physically controlled by a permanent confinement area, or <br />on a leash." <br />Motion by Commissioner Van Scoy, seconded' <br />econded by:Commissioner Brauer, to recommend that City <br />Council grant approval of the Conditional Use Perinitbased:on the findungsoffact, declaring <br />terms of the same. <br />Management Intern Haugen requested clarification regarding whether the permanent confinement <br />area condition is satisfied by the existing kennel i on the property or whether the Planning <br />Commission desires to requixesnew improvements to meet th e confinement condition. <br />Miller n <br />S S x. . ti ti <br />Community Development Director, o in the case heard by the Planning <br />Commission in September;ahe Plaguing Commission required a fenced -in area contiguous to the <br />home but did notrequire e„efi e: rope Iitfenced. <br />Planning Commission/November 6, 2008 <br />Page 5of19 <br />• <br />felt it was -'`arpropi " <br />Associate Planner Gladhill suggested amending condition #6 to • state "That the permanent <br />confinement arealmust be contiguous to the residence and enclosed by a permanent fence able to <br />• <br />confine all dogs urnderthe own of the Permittee." <br />Amended' Motion by Commssioner Van Scoy, seconded by Commissioner Brauer, to <br />45 <br />recommend that City Council. grant approval of the Conditional Use Permit based on the <br />amended findings of fact, declaring terms of the same, and amending condition #6 as follows: <br />6. That the permanent confinement area must be contiguous to the residence and <br />enclosed by a permanent fence able to confine all dogs under the ownership of the <br />Permittee. <br />Amended Motion carried. Voting Yes: Acting Chairperson Levine, Commissioners Van Scoy, <br />Brauer, and Hunt. Voting No: None. Absent: Chairperson Nixt, Commissioners Cleveland and <br />Rogers. <br />—227— <br />