Minutes - Planning Commission - 12/03/2009

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Commissioner Cleveland stated she was a victim of a dog bite while out walking and the owners were present at the time. The number of dQgs is a concern to her. She stated she thinks the ordinance was changed to accommodate the residents as more dogs were brought into the community. She stated she would have a difficult time approving this request. Commissioner VanScoy stated that someone who works with dogs on a regular basis has the potential of being able to restrain them. He stated he could support this. Commissioner Hunt would agree that with the experience Mr. Buckman has, the size of the lot and the fence he would not have a problem with him having the dogs. You could have three dogs on a quarter acre, so this spreads out six dogs over a much larger area so lessens the potential of what a neighborhood could have. He stated he would tend to support this conditional use permit. Commissioner Dunaway stated the conditional use permit does allow for the City to address the barking and other complaints, the applicant's occupation, and the size of the property were considerations for him. Commissioner Brauer stated that the Commission doesn't have any standards for approving kennel licenses. This larger parcel is right in the center of a residential platted subdivision and six dogs in a residential area seems excessive for him. Planning Manager Miller stated the primary rational for the kennel license is that conditions can be given to the property owner that aren't required in City Code for the maintaining of dogs. Commissioner Brauer would like to have additional criteria for approving kennel licenses. He appreciates that Mr. Buckman has gone the extra mile with electrifying the fence. He stated he thinks that not approving this Conditional Use Permit would be inconsistent with what has been done up to this point. Planning Manager Miller displayed the map of the current and new fence placement. It shows that the fence is expanding the current containment area; the fence will not be on the whole three acres. Mr. Buckman explained the map. Mr. Landwehr wondered if his five year old granddaughter walked into his yard, because she doesn't understand property lines, would the dogs bite her. Commissioner Van Scoy stated that Mr. Landwehr's concern for the children is critical. That is why the conditional use process allows for conditions to be put into place, i.e. fencing, leashing. Mr. Buckman explained his experience with animals. Motion by Commissioner Van Scoy, seconded by Commissioner Hunt, to recommend that City Council adopt Findings of Fact relating to the Applicants' request for a conditional use permit for a private dog kennel for six dogs with the addition of Findings of Fact #19 to read "That the applicant is professionally trained in animal control". Planning CommissionlDecember 3, 2009 Page 4 of8