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-2- P&Z 9/6/77 Mr. Nereson asked if anyone present knew of any complaints and explained to Mrs. St. Jean that a nuisance violation would supercede the conditional use. There were no more comments and the hearing closed at 8:05 p.m. Brad Bodle explained how the Nuisance Ordinance puts the burden on the neighbors to prove a violation and is a long drawn procedure. Mr. Bodle stated that he has already inquired about the possibility of making the permit renewable annually to take the burden off the City and neighbors to prove nuisance violations. Mr. Nereson explained that a file would be kept and if any complaints are recorded, the matter would be brought to the Commission's attention at renewal time. If no complaints have been registered the renewal would be issued from the Administrator's Office without additional fee. Ron West explained that the conditional use permit could not be transferred. Brad Bodle stated that any complaints on the kennel should be directed to the Administrator's Office. There was comment from the audience regarding the present dog ordinance, jerry Zimmerman stated that their questions should be taken up with the City Council. Brad Bodle made a motion to recommend to the City Council to grant a conditional use permit for a private kennel license to Fred St. Jean, 17721 Eaton Street NW for a kennel to be located: (See attached legal) with the following conditions: 1. Renewable upon annual review. 2. Between 8 to 10 adult dogs, mostly show dogs, some for breeding, about 3 litters per year. 3. Indoor housing, dogs locked in about 8:00 p.m. in summer and at dark in winter. Put out about 8:00 a.m. in summer and later in winter. Locked in from about Noon to 3:00 p.m. during summer heat. 4. Cyclone fencing 5. Doggie cesspool Motion seconded by Art Dunn and Carried 7 - O. Item 3. Public Hearing- Mr. Weise. Mr. Weise was not present an~ as there was not enough information to proceed, Mr. Ron West reco~ended that the hearing be tabled. Mr. Nereson stated that he would readvertise and re-notify all concerned for October 3, 1977. Item 4. Public Hearin~ - Robert Gfroerer, Preliminary Plat. Mr. Robert Gfroerer and Mr. Thomas J. O'malley were present. Mr. Nereson mentioned that he had spoken with Mr. Klemish and the Mr.~Klemish indicated that paving would start next week. No citizen input. Public hearing closed. Ken Peterson made a motion to recommend to the City Council to pass the Robert Gfroerer Preliminary Plat with a cash in lieu of land park dedication, seconded by Jerry Zimmerman, carried 7-0. Item 7. Mr. Vern Weaver, subdivision Mr. Vern Weaver was present to explain that because of the easement requirements on his property on Jarvis Street N.W., buyers have cancelled the purchase of this property.