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Plannvzg Commission IVlinutes August 11, 2009 Page 2 kennel license, in that no boarding or sales is conducted. He stated that the city originally received a complaint, and upon inspection, staff found there were more than three dogs on the property. The applicant was informed of the conditional use permit requirement, and they immediately started the process to comply. Mr. Barnhart stated that four letters of support have been received. Mr. Barnhart stated that staff recommended approval of the request with the five conditions listed in the staff report. Commissioner Ives asked if there were any regulations regarding location and height of the kennel. Mr. Barnhart stated that there are no requirements in the land use regulations; however, there may be requirements in the city's kennel license. Vice Chair Lemke opened the public hearing. Susan Perldns,19008 Waco Street NW -stated that she has known the applicants for a number of years, and that the dogs are well taken care of and well-disciplined. She stated the applicants' yard is immaculate and you wouldn't know they had five dogs. There being no other comments, Chair Lemke closed the public hearing. Commissioner Ives asked staff how often kennel licenses are checked. Mr. Barnhart explained that there are two levels of inspection. First, the conditional use permit is reviewed for compliance with the conditions of approval. Also, kennel licenses are inspected on an annual basis by the Police Department. Commissioner Anderson stated that he supported the conditional use permit, and that the positive letters of support are recognized by the Commission. MOTION BY LEMKE AND SECONDED BY ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY DEB UNRUH AND TIM MARCHIAFAVA FOR A CONDITIONAL USE PERMIT FOR A PRIVATE KENNEL, CASE NO. CU 09-17, WITH THE FOLLOWING CONDITIONS: 1. NO ON-SITE COMMERCIAL ACTIVITIES SUCH AS BREEDING, BOARDING OR SELLING SHALL BE ALLOWED. 2. THE PRIVATE KENNEL SHALL BE LIMITED TO FIVE (5) DOGS OVER THE AGE OF 6 MONTHS. ADDITIONAL DOGS WILL REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. ANIMAL WASTE SHALL BE DISPOSED OF PER SECTION 10-9. 4. THE APPLICANT SHALL RECEIVE A PRIVATE KENNEL LICENSE FROM THE CITY COUNCIL. 5. ALL DOGS MUST BE LICENSED AND VACCINATED. MOTION CARRIED 5-0. 5.2. Request b~ City of Elk River for Ordinance Amendment Relating to Restaurants. Public Hearing- Case No. OA 09-05 Mr. Barnhart reviewed the proposed ordinance amendment to allow Class I and Class II restaurants in the C-3 zoning districts as permitted use, and Class I restaurants in the C-4 zoning districts as a permitted use.