Agenda - Council - 09/23/2014 - Laserfiche WebLink

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lour 1111.1siion: To work together to reiposibty grow our community, and to provide quality, coat -effective, and efficient government ierrlcas. CC Regular Session 7. 1. Meeting Date: 09/23/2014 By: Tom Olson, Community Development 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 the Public Hearing process and Planning Commission review unfolded, the recommendation moving forward on this request is to allow for seven (7) dogs on the Subject Property, but not the twelve (12) as originally requested by the Applicant. 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. Observations/Alternatives: Using definitions described in City Code Section 10-52 (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, oftentimes when the Dog Owners are away from home for a length of time that requires boarding service. This service provided by the Applicant is done at no charge to the Dog Owners. The Applicant has stated that there are no plans for this kennel operation to be a business. Before allowed