Agenda - Planning Commission - 09/04/2014

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Regular Planning Commission Meeting Date: 09/04/2014 By: Tom Olson, Community Development 5. 2. Information Title: Consider a Request for a Conditional Use Permit to Maintain Four or More Dogs at the Property Located at 5520 140th Ln NW; Case of Diane and David Mattsen Purpose/Background: The City has received an application from Diane and David Mattsen (the "Applicant") for a conditional use permit (the "Permit") to maintain up to twelve (12) dogs on the property located at 5520 140th Lane NW (the "Subject Property"). Of the potential twelve (12) dogs allowed on the Subject Property, eight (8) would not belong to the Applicant, which City Code Section 10-52 (Definitions) would define as a commercial dog kennel. The Applicant owns the other four (4) dogs and their maintenance on the Subject Property would represent a private dog kennel. In addition to the four (4) dogs owned by the Applicant, they also provide regular care for one (1) other dog owned by a family member. As expressed during the August Planning Commission meeting, Planning Staff was unaware of this last dog regularly cared for but not owned by the Applicant, as the Applicant did not identify it and the nature of its care on the Subject Property. The incident that prompted this request was a community service officer (the "CSO") visiting the Subject Property to investigate a complaint related to dogs. The complainant expressed concern with the number of dogs on the Subject Property and the level of noise they generated. The CSO spoke with the Applicant, who explained that there were more than three (3) dogs on the Subject Property. The CSO then informed the Applicant that a conditional use permit for the operation of a dog kennel would be needed to board more than three (3) dogs, as outlined in City Code Section 10-56 (Number of Dogs Permitted). Notification: Staff attempted to notify all Property Owners within a 350 foot radius of the Property of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County Union Herald. While the Public Hearing was closed at the August Planning Commission meeting, action on the request was tabled to the September meeting. Observations/Alternatives: Section 10-52 (Definitions) of Ramsey City Code defines the following: A "private dog kennel" is a place where a dog owner keeps four or more dogs over six months of age on property occupied by the dog owner for residential purposes and where the keeping of such dogs is incidental to the occupancy of the premises, and may include breeding and selling of dogs as a hobby. A "commercial dog kennel" is a place where boarding and/or training is offered to any number of dogs not owned by the owner or occupant of the premises. Such boarding and/or training may also include but is not limited to related uses such as selling, breeding, showing, treating or grooming. Using these definitions, this request will require the approval of establishing both a private and commercial dog kennel on the Subject Property. The private dog kennel is applicable to the four (4) dogs owned by the Applicant; the commercial dog kennel would be for the remaining eight (8). Of those dogs not owned by the Applicant, one (1) belonging to a family member is maintained on the Subject Property regularly. The other dogs not owned by the Applicant would also belong to family members and friends (the "Dog Owners") and be cared for only on occasion,