5.1. PCSR 08-28-2018 - Laserfiche WebLink

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Analysis The applicant has four German Shepherds (8 animal units) and one Maltipoo (1 animal unit), for a total of nine animal units as defined under Elk River city ordinances. The city allows up to six animal units without a CUP, but the applicant is applying for a CUP to house the nine animal units they currently own. The dogs are normally kept indoors, where they are fed and watered. The property has a fenced backyard for the dogs to play, and there are no outdoor kennel structures. Applicable Regulation The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. Multiple reports of dogs loose in the neighborhood have been received by the Police Department; see attached. Numerous written warnings and police citations have been issued for dogs at large and unlicensed dogs between 2011 and 2017. A chain link fence was installed in the backyard of the property in 2016 to prevent the dogs from escaping, and since installation of the fence only one loose dog has been reported. 2. Will be consistent with the comprehensive plan. The request is consistent with the comprehensive plan, which guides the property for residential uses. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The request will not impede development as the surrounding areas are either undevelopable wetlands, or developed residential lots. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The property is adequately served by theses facilities and the proposal will not impede them. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. There have been reports and complaints of excessive odor from feces in the backyard. The smell is reported to be strong enough to extend past property lines. Occasional barking at night has been reported to city staff, but no police complaints have been received. To address these concerns staff proposes a condition that the feces be cleaned twice weekly – to include the winter months. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. As no alterations to site are proposed, it will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. N:\\Departments\\Community Development\\Planning\\Agendas\\PC Packets\\2018\\08-28-2018\\5.1 sr Anderson Kennel.docx