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City Council <br />April 15, 2002 <br />Page 2 <br /> <br />There currently is a 10 foot by 15 foot kennel located within a four foot high fenced running <br />area that is approximately 75 feet by 50 feet. The running area is located about 75 feet <br />directly behind the house. There are individual houses for each dog. <br /> <br />Planning Commission Action <br /> <br />There was discussion about the interpretation of the ordinance regarding what breeding <br />meant. Does the ordinance allow breeding but not selling? Would it be considered a <br />"commercial use" if breeding occurred and an ad was placed in the paper to sell the puppies. <br />Mr. Beck, the City Attorney, felt that technically, this would be considered "commercial". <br /> <br />Discussion followed regarding placing a restriction on the license. It was felt to it would be <br />unfair to restrict the Johnson's from raising and selling a litter of puppies, since this is a right <br />enjoyed by other citizens in the City. It was also noted that the ordinance states that <br />residents are allowed up to 3 dogs over the age of six months. Puppies could be sold before <br />they reached six months. <br /> <br />The applicant was questioned if the dogs were barkers and he stated only if wildlife comes <br />near the kennels. <br /> <br />Recommendation <br /> <br />Staff and Planning Commission recommend that the City Council approve the conditional <br />use for a Private Kennel with the following conditions: <br /> <br />1. THAT THERE BE NO ON-SITE COMMERCIAL ACTIVITIES SUCH AS <br /> BREEDING, BOARDING OR SELLING. <br />2. THAT THE PRIVATE KENNEL BE LIMITED TO 4 DOGS OVER THE <br /> AGE OF 6 MONTHS. ADDITIONAL DOGS WILL REQUIRE AN <br /> AMENDMENT TO THE CONDITIONAL USE PERMIT. <br />3. THAT THE ANIMAL WASTE BE DISPOSED OF PROPERLY. <br />4. THAT THE APPLICANT RECEIVES A PRIVATE KENNEL LICENSE <br /> FROM THE CITY COUNCIL. <br /> <br />S:\PLANNING\Case Files\CU 02-06 Johnson\CU02-06_CC.DOC <br /> <br /> <br />