09-15-2009 PC MIN - Laserfiche WebLink

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Planning Commission Minutes Page 3 August 11, 2009 Commissioner Anderson concurred with Commissioner Westberg and therefore, the application does not meet all the criteria for granting the conditional use permit. Commissioner Bell stated that the properrywas granted a conditional use permit for 15 horses which would have created more waste than 15 dogs. Chair Scott noted that the CLIP for horses was a different owner and that permit has since expired. Mr. Leeseberg stated that the nuisance ordinance does not have a time limit on barking. He also noted that having more than three dogs triggers the need for a kennel license. Commissioner Lemke stated he was not in favor of adding a 9th condition for a time limit on barking, due to the fact it would be hard to enforce. He stated he was generallyin favor of the request, but felt 15 dogs maybe too many. Commissioner Ives stated that the applicant has stated he would be breeding dogs, and since puppies under the age of six months are not included in the max;mum number allowed by ordinance, the number of adult dogs could likely be dropped to five. Commissioner Anderson stated that he could see a potential for the applicant to go over the limit, if he did not find buyers for all the puppies before theyreached six months in age, and enforcement would be a problem. Commissioner Westberg stated that one barking dog could be as annoying as fifteen. Mr. Fahey, applicant, stated that the reason he was requesting fifteen is because the health guarantee theyprovide states that if a buyer is not satisfied, the puppies cannot go to a shelter and must be returned to them. Mr. Fahey stated that he would be willing to place bark collars on all of the dogs. MOTION BY COMMISSIONER ANDERSON TO RECOMMEND DENIAL OF THE REQUEST BY JOHN FAHEY FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL KENNEL, CASE NO. CU 09-18. The motion died. MOTION BY COMMISSIONER IVES TO RECOMMEND APPROVAL OF THE REQUEST BY WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. THE COMMERCIAL KENNEL SHALL BE LIMITED TO TEN (10) ANIMALS OVER THE AGE OF 6 MONTHS. ADDITIONAL ANIMALS 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 COMMERCIAL KENNEL LICENSE FROM THE CITY COUNCIL. 5. ALL ANIMALS MUST BE LICENSED AND VACCINATED. 6. ALL ANIMALS SHALL BE ON A SIX (6) FOOT OR SHORTER LEASH WHEN OUTSIDE OF THE KENNEL. 7. NO MORE THAN TWO (2) ANIMALS PER SUPERVISOR SHALL BE ALLOWED OUTSIDE OF THE KENNEL.