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<br />Community Development Director Miller replied in the affirmative, referencing item #3 of the <br />conditional use permit. <br /> <br />Commissioner VanScoy 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 problems relating to the dogs, the <br />City may take action to abate the nuisance in accordance with Section 5.09.03 (Dog Regulations), <br />subd. 18 (Dogs Disturbing the Peace), of the Ramsey City Code." He also recited item #5 ofthe <br />CUP, which reads "That no dog under the ownership of the Permittee shall be allowed to run at <br />large; and at all times the dogs shall be physicalJy controlled by a permanent confinement area, or <br />on a leash." <br /> <br />Motion by Commissioner Van Scoy, seconded by Commissioner Brauer, to recommend that City <br />Council grant approval of the Conditional Use Permit based on the fmdings of fact, declaring <br />terms of the same. <br /> <br />Management Intern Haugen requested clarification regarding whether the permanent confinement <br />area condition is satisfied by the existing kennel on the property or whether the Planning <br />Commission desires to require new improvements to meet the confmement condition. <br /> <br />Community Development Director Miller noted that in the case heard by the Planning <br />Commission in September, the Planning Commission required a fenced-in area contiguous to the <br />home but did not require that the entire property be fenced. <br /> <br />Commissioner Van Scoy stated he felt it was appropriate to require a fenced-in area contiguous <br />to the home. <br /> <br />Associate Planner Gladhill suggested amending condition. #6 to state "That the permanent <br />confmement area must be contiguous to the residence and enclosed by a permanent fence able to <br />confine all dogs under the ownership of the Permittee." <br /> <br />Amended Motion by Commissioner Van Scoy, seconded by Commissioner Brauer, to <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 /> <br />, <br />6. . That the permanent confmement 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 /> <br />Amended Motion carried. V oting Yes: Acting Chairperson Levine, Commissioners VanScoy, <br />Brauer, and Hunt. Voting No: None. Absent: Chairperson Nixt, Commissioners Cleveland and <br />Rogers. <br /> <br />Case #2: <br /> <br />Public Hearing - Request for a Home Occupation Permit; Case of Gene & <br />Cindy Goede <br /> <br />Planning Commission/November 6, 2008 <br />Page 5 of 18 <br /> <br />P5 <br />