Agenda - Planning Commission - 12/03/2008

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Motion carried. V oting Yes: Acting Chairperson Levine, Commissioners Van Scoy, Hunt, and Brauer. Voting No: None. Absent: Chairperson Nixt, COmIilissioners Cleveland and Rogers. The public hearing closed at 7:23 p.m. Commission Business Commissioner Van Scoy stated the Planning Commission recently had a similar case and the issue involved the dogs leaving the property. He stated he felt if this request is approved, it should be consistent with the earlier case requiring physical containment. He added.he was not sure the invisible fencing would meet this requirement. Acting Chairperson Levine concurred and noted that staff is recommending approval contingent upon a permanent confinement area. Associate Planner Gladhill noted that item #5 of the CUP states that no dog under the ownership of the Permittee shall be allowed to run at large and at all times the dogs shall be physically controlled by a permanent confinement area, or on a lease. He added item #6 of the CUP addresses the permanent fence issue as well. Commissioner Van Scoy indicated the Findings reflect that the City has received four statements from property owners in support of the CUP request; since that time, two letters in opposition to the CUP request have been submitted along with one verbal statement. He stated the Findings should be revised to reference these statements. Associate Planner Gladhill stated item #11 of the Findings will be revised to reflect the additional comments received by staff. Motion by Commissioner Van Scoy, seconded by Commissioner Brauer, to recommend that City Council adopt Findings of Fact relating to the applicant's request for a conditional use permit for a private dog kennel for four dogs at 6250 160th Lane NW, with an amendment to Finding of Fact #11 referencing the receipt of two letters in opposition to the CUP request and one verbal statement in opposition to the CUP request. Management Intern Haugen noted that Finding of fact #9 also requires revision to reflect the correct color (black) of the Labrador Retriever. Commissioners VanScoy and Brauer agreed to the friendly amendment to the motion. Motion carried. Voting Yes: Acting Chairperson Levine, Commissioners Van Scoy, Brauer, and Hunt: Voting No: None. Absent: Chairperson Nixt, Commissioners Cleveland and Rogers. Commissioner Van Scoy asked if the City retains the option to take action if further issues arise as a result of the issuance of the CUP. Planning Commission/November 6, 2008 Page 4 of 18 P4