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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 />J J n J. ietz ayor <br />ATT : rf <br />Tina Allard, City Clerk <br />1 0 1 E R E I I I <br />NATURE <br />