Agenda - Planning Commission - 02/05/2009

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City Attorney Goodrich stated that he has amended the findings of fact listed on page 229, paragraph 18: That the proposed use will not be unduly dangerous or otherwise detrimental to persons residing or working in the vicinity of the use or to the public welfare unless the animals are physically contained, and unless there are substantiated complaints in existence when one of the four dogs on the Subject Property is permanently removed from the Subject Property and a replacement dog is contemplated. He stated that he had also made revisions and added new paragraphs numbered 13 and 14to the Conditional Use Permit, as follows: 13. That in the event a dog is removed from the Subject Property, no replacement dog will, except upon a Finding by the City that there have been no complaints, which complaint is substantiated by the City, by neighbors objecting to the dogs on the Subject Property. 14. In the event there is a substantiated complaint, the City will conduct an additional public hearing in accordance with the City's Conditional Use Permit process to determine whether a fourth dog should be permitted on the Subject Property. Councilmember Strommen asked for clarification that if there are complaints there would be an additional public hearing. \ City Attorney Goodrich stated that just because there are four dogs does not mean there will be a new hearing, but when they are replacing a dog, it will be determined. Community Development Director Miller asked if the public hearing would be through the Planning Commission, as usual, or before the Council. City Attorney Goodfich stated that it would be the usual process with the public hearing at the Phmning Commission. Motion by Councilmember Look, seconded by Councilmember Elvig, to approve the revised findings of fact, as presented by City Attorney Goodrich. Motion carried. V oting Yes: Mayor Gamec, Councilmembers Look, Elvig, Dehen, Olson, and Strommen. Voting No: None. Absent: Councilmember Jeffrey. Motion by Councilmember Look, seconded by Councilmember Elvig, to adopt Resolution #08- 11-230 adopting Findings of Fact #0838 (as amended) relating to the applicant's request for a conditional use permit for a private dog ke1l1lel for four dogs at 6250 - 160th Lane NW and motion to adopt Resolution #08-11-231 granting approval of the Conditional Use Permit based on the revised Findings of Fact #0838 and declaring terms of the same. Motion carried, Voting Yes: Mayor Ganlec, Councilmembers Look, Elvig, Dehen, Olson, and Strommen. Voting No: None. Absent: Councilmember Jeffrey. Councilmember Olson left the meeting at 8:32 p.m. Case #6: Adopt . Ordinance Amending Chapter 4 of the City Code to Permit Disconnection of City Water Service City Council / November 25,2008 Page 13 of 24 P21