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5. Exceeding more than six Domestic Animal Units in the R-1c zoning district requires a <br /> Conditional Use Permit. <br /> 6. The applicant was seeking a CUP to allow 21 Animal Units on the Property. <br /> 7. The Planning Commission, on September 24, 2019,held a public hearing and voted 6-0 to <br /> recommend denial of the Conditional Use Permit, citing standard number seven was not met. <br /> 8. The City Council, on October 21, 2019,held a public hearing and directed preparation of a <br /> resolution of denial on the grounds that the application does not satisfy standards number one <br /> and seven: <br /> a. Will not endanger,injure or detrimentally affect the use and enjoyment of other <br /> property in the immediate vicinity or the public health, safety, morals, comfort, <br /> convenience or general welfare of the neighborhood or the city. <br /> b. Will fully comply with all other requirements of this Code,including any applicable <br /> requirements and standards for the issuance of a license or permit to establish and <br /> operate the proposed use in the city. <br /> 9. The City Council Finds that standard numbers one and seven for approval of a Conditional Use <br /> Permit has not been met because: <br /> a. A 0.23 acre residentially zoned parcel cannot adequately support 21 Animal Units. <br /> b. The waste generated from 21 Animal Units and its odor detrimentally affects public <br /> health, safety, and comfort of the neighborhood and the city. <br /> c. The property does not comply with all Code requirements with numerous code <br /> violations. <br /> i. Property maintenance <br /> ii. Unlicensed vehicle <br /> 10. Taking into consideration all of the testimony and evidence received, the City Council finds, <br /> based on the findings of fact set forth in paragraph above, the Application does not meet the <br /> requirements for approval of a Conditional Use Permit, and it is not in the public interest to <br /> approve the Application. <br /> DECISION <br /> Therefore, the City Council of the City of Elk River denies the Conditional Use Permit at 617 Gates <br /> Avenue NW,based on the findings of fact set forth above. <br /> Passed and adopted this 18th day of November 2019. <br /> John J. Dietz,Mayor <br /> ATTEST: <br /> Tina Allard, City NATUREJ <br />