HomeMy WebLinkAboutZoning Status o � o
CITY of ORONO
Municipal Offices
�'����� a �� Street Address: Mailing Address:
�9xOg� 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
January 14, 2005
Ashley Ferguson
3655 Plymouth Boulevard, Suite 105
Plymouth, MN 55446
Re: Zoning Status of Dog House Kennel, 3505 W. Wayzata Boulevard, Orono
Dear Ms. Ferguson:
The property at 3505/3507 W. Wayzata Boulevard, PINS 432-118-23-13-0001,owned by
D. Brian Fulmer, contains an existing residence and an existing commercial kennel
operation. The property is zoned RR-1B, Single Family Rural Residential District.
The RR-1B District does not allow as either a permitted, conditional or accessory use, a
commercial kennel operation such as that which exists on the site. The existing operation
is considered as a legal nonconforming use, operating under a Conditional Use Permit
granted in 1984 (Resolution No. 1654) which allows continued use of the boarding
kennel operation as a non-conforming use.
The kennel operation as it currently exists at its current site would be transferable to a
new owner. However,relocation of the operation to a new location in Orono would
likely require a zoning code amendment, as the only zoning district in Orono that
currently allows a boarding kennel operation is the B-5 Limited Neighborhood Business
District, a small district in the Navarre area of Orono, where "Kennels" are allowed by
conditional use permit.
If you have any questions,please feel free to contact me at 952-249-4600.
A
Sincerely,
/
Michael P. Ga:fron
Planning Director
Telephone(952)2494600 • Fax(952)249-4616
www.ci.orono.mn.us
REQUEST FOR COUNCIL ACTION
Date: February 9, 2006
Item No.:
Department Approval: Administrator Approval: Agenda Section:
Name: Michael P. Gaffron Zoning
Title: Planning Director
Item Description: Dog House Kennel, 3505 Wayzata Boulevard- Relocation Options
List of Exhibits
A- Letter from Brian Fulmer
Staff met with Brian Fulmer at his request on Monday February 6. Mr. Fulmer operates the
Dog House Kennel at 3505 Wayzata Boulevard, and lives in his residence next door at
3507 Wayzata Boulevard. MnDOT is acquiring the property, and Fulmer is vacating the
premises as of Friday February 10.
The property is zoned RR-1B, Single Family Rural Residential District. The RR-1B
District does not allow as either a permitted, conditional or accessory use, a commercial
kennel operation such as that which exists on the site. The existing operation is considered
as a legal nonconforming use, operating under a Conditional Use Permit granted in 1984
(Resolution No. 1654) which allows continued use of the boarding kennel operation as a
non-conforming use at this location.
Relocation of the kennel operation to a new location in Orono is not a simple matter under
the current ordinances. The only zoning district in Orono that currently allows a boarding
kennel operation is the B-5 Limited Neighborhood Business District in Navarre, where
"Kennels"are allowed by conditional use permit.
Staff has discussed with the City Attorney what methods might or might not be appropriate
for allowing the relocation. Simply adding `Kennels' as an allowed Conditional Use in one
of our RR- districts could open up this use to areas where it would be inappropriate.
Kennels are a `prohibited' use under Orono's Home Occupation licensing code. Some sort
of business license might be an option.
Brian is looking at two potential locations: 875 Wayzata Blvd (the New Horizons Daycare
site next to the Luce Line) and the Eisinger property (former landfill site at 3245 Wayzata
Blvd.)just east of the current Dog House location. Each site has plusses and minuses, and
staff has suggested that Brian discuss these options with Council. Please see his attached
letter.
COUNCIL ACTION REQUESTED
Review the options for relocation with Mr. Fulmer and the potential methods for
accomplishing this,with the City Attorney.
jl
D. Brian Fulmer,President
The Dog House Boarding Kennels,Inc.
Temporary Mailing address:
P. O.Box 360
Long Lake,MN 55356
February 10,2006
City of Orono
2750 Kelley Parkway
Orono,MN 55356
Dear Orono Council Members,
After being located at the curve of Highway 12 and Stubbs Bay Road for more than 28
years,our time has come to leave this site to make way for MNDOT's Highway 12
expressway.
We are asking your help in continuing to make Orono our home and providing our pet
boarding services to this community.
In order to address this situation,our request is twofold. First,we would like the city to
transfer our business license from our current location of 3505 West Wayzata Blvd to 875
West Wayzata Blvd effective as soon as possible. We have arranged a 19-month real
estate lease of this site that begins immediately. This site,formerly the New Horizon day
care facility,would provide an interim home and would allow us to provide nearly
uninterrupted service for our clients.
Next,we would ask the city for the approvals necessary to establish permanently our
business location at one of two Orono locations,either 3245 West Wayzata Blvd,,the
property just East of our present location or the leased site at 875 West Wayzata Blvd.
We are in purchase discussions with the owners of both parcels.
At the 3245 West Wayzata Blvd site, we have already done a significant amount of
preparatory work. Both Phase 1 and Phase 2 environmental testing has been done and the
results submitted to Minnesota Pollution Control Agency. They reviewed it and we are
aware of the limited uses allowed on the fill area.
2
We have worked with the City staff to choose sites within the city that would seem most
appropriate for our use. As well,we have stopped pursuing'sites that the staff deemed
less desirable.
The two chosen sites seem well suited to our needs; allowing us to have a residence and
boarding facilities on one site,as is our present situation. Both sites have good physical
separation from adjoining properties, as well as good road access. Our goal throughout
the search has been to avoid sites that would create controversy.
As a charter member of the American Boarding Kennels Association and Minnesota's
first Certified Kennel Operator,I've had the opportunity to know of and visit many"state
of the art"boarding facilities throughout the United States. As we now move to a new
location,we look forward to creating a wonderful pet resort here in the Orono
community.
Thank you so much for your consideration and as timely a decision as the process and
schedules will allow.
Sincerely,
D. Brian Fulmer
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,February 13,2006
7:00 o'clock p.m.
(#06-3171 John and Joan Brooks,Continued)
Mr. Brooks indicated he understands the conditions.
McMillan seconded the motion. VOTE: Ayes 4,Nays 0.
12. #06-3174 KEVIN AND SUELLYN TRITZ, 1056 LOMA LINDA AVENUE—VARIANCE—
RESOLUTION NO. 5425
Murphy moved,Sansevere seconded,to adopt RESOLUTION NO. 5425,a Resolution granting
variances for the property located at 1056 Loma Linda Avenue. VOTE: Ayes 4,Nays 0.
13. BRIAN FULMER,THE DOG HOUSE BOARDING KENNEL,3505 WAYZATA
BOULEVARD WEST—RELOCATION OPTIONS
Brian Fulmer,the Dog House,was present.
Gaffron stated Mr. Fulmer would like to discuss with the Council his options to relocate to other
properties within Orono. Gaffron stated his existing location is zoned single family rural residential,
which does not allow for a commercial kennel operation. Gaffron stated the business operates as a legal
nonconforming use.
Gaffron stated this matter has been discussed with the City Attorney,noting that this use is prohibited
under home use occupations. Gaffron stated the City is considering a business license process to allow
this use elsewhere in the City rather than adding this use to one of the City's other zoning districts.
Gaffron stated Mr. Fulmer has been working with the Eisingers in the past to purchase some land directly
east of where he is currently located but that to date no agreement has been reached.
Sansevere inquired why Mr. Fulmer has not dealt with this issue a long time ago. Sansevere inquired
whether Mr. Fulmer is currently operating his business.
Fulmer indicated his business will be closed on the 14`h and that he has looked at other options for
relocating in the past. Fulmer stated originally the property located at 875 Wayzata Boulevard was not an
option but is now a possibility. Fulmer indicated he has had ongoing discussions with the Eisingers and
that they have had environmental testing performed on that site. Fulmer stated there is an area of
undisturbed soil they would like to build on if an agreement is reached with the Eisingers.
Sansevere inquired whether the 875 Wayzata Boulevard property would be a temporary facility.
Fulmer stated it could become a permanent facility.
PAGE 19 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,February 13,2006
7:00 o'clock p.m.
(Brian Fulmer,the Dog House,Continued)
Gaffron stated Mr.Fulmer would like to know whether the Council is agreeable to allowing his dog
kenneling operation at either property.
Murphy stated he would like to discuss the property located at 875 Wayzata Boulevard. Murphy
indicated he has concerns with locating a dog kennel in close proximity to the Luce Line and that he
needs to be ensured that the dogs will not get loose. Murphy noted a large number of adults and children
utilize the Luce Line. Murphy stated he also has a concern with noise as it relates to the outside portion
of the business.
Fulmer stated they would use the current facility and that they would increase the height of the fenced in
areas. Fulmer stated at either site they would have perimeter fencing to prevent dogs from getting out and
that they would be willing to plant trees and other screening to mitigate the sight of the dog kennel from
the Luce Line.
White inquired how many dogs Mr. Fulmer currently has.
Fulmer indicated he has space for 65 dogs.
McMillan commented that there must be an issue with noise at times due to the large number of dogs.
Fulmer stated they have not had any complaints regarding noise in the past and that they attempt to keep
the noise at a minimum.
Murphy noted Mr.Fulmer's current location is fairly isolated.
Murphy indicated he is not opposed to the Eisinger property being used for this purpose but that he does
have a number of concerns with the property near the Luce Line. Murphy stated he has a concern that the
noise from the dogs will scare the horses,especially given the large number of dogs that would be housed
on the property.
Fulmer stated the trail would not be visible from the play areas and that they would not allow the dogs to
be close to the Luce Line. Fulmer noted the dogs would not be outside the entire time and would only be
allowed outside during certain daytime hours. Fulmer also pointed out that not all the dogs would be
allowed outside at the same time.
Murphy inquired how many dogs would be allowed outside at one time.
Fulmer stated approximately one-fourth or one-third of the dogs would be allowed outside each time.
Brokl stated he has discussed this matter with Mr. Fulmer and that the City is looking at implementing a
business license arrangement allowing this use at a particular location rather than changing the City's
code to allow that type of use within any particular zone or district.
PAGE 20 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,February 13,2006
7:00 o'clock p.m.
(Brian Fulmer,The Dog House,Continued)
McMillan noted that the City, of Long Lake is located adjacent to the Luce Line,which also needs to be
taken into consideration.
Sansevere inquired how close the nearest neighbor would be.
Fulmer noted the 875 Wayzata Boulevard property is almost 11 acres.
Gaffron displayed an aerial photo of the Wayzata property and surrounding area.
Sansevere inquired whether there could be a probationary period placed on this use if the operation is
located to the Wayzata property.
Brokl noted that a public hearing would need to be held for whichever location is decided upon.
White stated in his view it would be appropriate to table this discussion until further information is
provided.
Murphy stated he is reluctant to say he would be in favor of relocating the operation to 875 Wayzata
Boulevard without formal plans being submitted. Murphy indicated he has grave concerns with locating
this operation near the Luce Line and the Long Lake neighborhood.
Sansevere commented he would have preferred that Mr. Fulmer would have approached the City months
ago rather than waiting until the last minute.
White stated he would like to see a plan showing how the property would be utilized.
Sansevere suggested the dog runs be located as far away from the Luce Line as possible.
McMillan concurred that this matter needs to go through the proper process before a decision can be
made.
Gaffron stated the City currently does not have an established business licensing process. Gaffron stated
the City currently licenses garbage haulers and liquor establishments but that the City would need to
develop appropriate language to deal with this type of operation.
Sansevere encouraged Mr. Fulmer to decide which property would work best for him and then proceed
forward.
Gaffron stated a public hearing would need to be held on each different property and that that would not
be ideal. Gaffron concurred that Mr. Fulmer should decide on which property would work best.
McMillan stated from a public perception the Eisinger property might be more workable.
It was the consensus of the City Council that Mr. Fulmer work with Staff further on this matter.
PAGE 21 of 25