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Planning Commission Minutes October 24, 2000 Page 4 . their dogs sleep in the entry at night, so they will not be spending a significant amount of time in the kennel. Steve Eckholm, 14199 202nd Avenue NW, neighbor to the south of the applicants, expressed his concern that there would be excessive barking if the applicants decided to have more dogs. Commissioner Baker asked the applicant how often he anticipated there would be litters of puppies on the premises. Mr. Tomlinson stated that they would likely be breeding no more than every two years. Ms. Peck stated that she has never heard the applicants' dogs barking. Chair Mesich felt that the conditions of the kennel license are very strict and would cover issues such as noise or odor. He noted that barking of dogs could also be addressed under the nuisance ordinance. There being no further comments from the public, Vice Chair Chambers closed the public hearing. Chair Mesich stated that he felt a definite number of feet should be stated in Condition No.4, regarding the area which is setback from the west property line. Ms. Peck stated the area is already defined by the fence that the applicants recently put up. She stated that the distance varies from 15 feet to 25 feet from the property line, due to the angle of the property line. . Chair Mesich expressed his concern that the applicant be limited to the number of dogs he may have, stated in Condition NO.5. He stated that he felt it was questionable if placing a limit on the number of dogs in a private kennel was allowed under the law. He stated that circumstances may sometimes warrant having more than the number allowed, such as when a dog becomes old and can no longer be shown or bred. The Commissioners discussed whether or not the condition should be changed. Ms. Peck asked if the applicant were allowed to keep more dogs, would he be allowed to expand the kennel. Mr. Tomlinson stated that he did not feel this was an issue, since he did not intend to have more than 4 dogs. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY LINDA ALLEN AND JOHN TOMLINSON FOR A CONDITIONAL USE PERMIT FOR A PRIVATE KENNEL WITH THE FOLLOWING CONDITIONS: . 1. THAT THERE BE NO ON-SITE COMMERCIAL ACTIVITIES SUCH AS BREEDING, BOARDING OR SELLING. 2. THAT THE ANIMAL WASTE BE DISPOSED OF PROPERLY AS REQUIRED BY CITY ORDINANCE. 3. THAT THE APPLICANT OBTAINS A PRIVATE KENNEL LICENSE FROM THE CITY. 4. THAT THE DOGS BE LIMITED TO AN AREA ON THE PROPERTY THAT IS SETBACK A MINIMUM OF 15 FEET FROM THE WEST PROPERTY LINE. 5. THAT THE THERE BE NO MORE THAN 4 ADULT DOGS KEPT ON THE PROPERTY. 6. THAT THE APPLICANTS COMPLY WITH THE ANIMAL ORDINANCE.