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<br />City of Elk River <br /> <br />Memo <br /> <br />To: <br />From: <br /> <br />Tina Allard, Elk River City Clerk <br />Jeremy Barnhart, Planning Manage~ <br /> <br />CC: <br />Date: April 12, 2007 <br />Re: Proposed Dog Kennel license <br /> <br />I understand that the City has received a license request from a resident to operate a commercial <br />kennel at 11076 205'" Street NW, Mr. Tom Lane. As part of the city's review of these requests, <br />Planning Staff was asked to review the proposal concerning zoning approvals. You may know <br />that City Ordinance requires a conditional use permit for commercial kennels in the Rla zoning <br />district (Section 30-991-d-ll). This ordinance was established in 1982, and has been modified 7 <br />times since. <br /> <br />After discussing the requirements with the applicant via phone, Mr. Lane has provided a record, <br />indicating to Planning Staffs satisfaction that the business has been operating continuously since <br />1974. This would make his business a non-conforming business; allowed to continue, but not <br />enlarged. The Ordinance, in section 30-695, indicates that any use existing prior to September 4, <br />1980 may be continued, although such use does not conform to the provisions of this article. <br />However, the business is not permitted to be enlarged without a Conditional Use Permit Based <br />on the record provided by Mr. Lane, it appears that no more than 12 dogs were on site at anyone <br />time. Dogs in greater number than 12 would be perceived as an enlargement of a <br />nonconforming use, and require a Conditional Use Permit I will forward to you a copy of the <br />record as provided by Mr. Lane for the file. <br /> <br />Based on the preceding information, Planning staff would support issuance of the business <br />license, provided that no more than 12 dogs ate located on site. <br />