HomeMy WebLinkAboutResolution 1299 •
}y � Clty of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1299
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t� RE�OLU`I'ION DEPv'Y ING i�SARY KOLTES
A 198? KENNEL LICENSE F�T A RE�IDENCE
LUCATEti AT 23U0 BAYV��W PLACE
WHEI2FAS, the City of Orono is a municzgal corporation
organized and existing under. the laws of the State of P�iinnesota; and
WHEREAS, gursuant to State Statute 346 et. s�q. , State
Statute 3�7 et. seq. and Ch�pter 63 of the Orano Municipal Cade, the
City Counci�. has ac�opterl regulations for the keepir.g of dogs within
the City; �.nd
WHER�r�S, Section o3. 110 of the municipal code requires special
permission from the City Council for the keeping of more than two dogs
over the age of six months on any one lot or combination of Iots; and
WHEREAS, an June 24 , 19II1, Mary Kolt�s di�i apply for a kenne?
license to permit the keeping of three (3) dogs for anc�ther year at
her residence at 2300 Bayview Place, legally descrzbed as follows:
tots 32 , 33, 34, a:�d 35 ��7a11ace Addition to the Village o� Minnetonka
�Beach and hereinafter referrec to as the property; and
WF3EREAS, the City Council has r_eviewed the application; the
recommendations of st�f_f; comments and petitions subm�.tted by ne�_gh-
borhood citizens; and comments made by -�he applic�nt.
NOW, THFREFQP.E BE TT RESOLVED that th.e City Council of the
City of Orono hereby d�nies the 1981 kennel license app.lication of
Mary Koltes based upon ane or more of the followin� finding� of fact
concerning this applicatir�n:
1) The property is located in the LR-1C zoninr�
district ree�uiring a minimu.m of �1, 780 sf
or 2 acre in ar�a for eacn lot; the property
contains a tot�l af 28, 900 sf.
2) The majority of the developec� neighborhood
lots are substar�dard in are�.
3) The property is �wnecl by Jacquelynn Segrzer
�f 2260 Bayview Place and rented to Mary
KOIt�S.
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, , �ar� Kaltes
. Pa�e 2
` Cit� of ORONO
• RESOLUTION OF THE CITY COUNCIL
�
NO. 1299
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) The appli�.ant was grante3 a kennel licens�
for the license y�ar - �Iay l, 1980 through
April 30, 1981, with th� following cc�r�c�.itioz�s:
a) ^o a�low the keep�.ng of three {3) Iicensed
dogs - two afghans and one poadl�.
b) Dogs all�wed vn deck and in yard area under
res�raint wnen the owner is at home.
c) Dogs must be insi.de during hours 10: 00 PM
to h : 00 AMo
d) A four�th, unlicense� dc�g, sheep dog mix
was also �r.esent. Koltes ar3vised the aog
was a visit�r and woutd be gone in a few
weeks.
5) The Orono Police no�<� th� following conditions
on the g�roperty when called out on complaints
for the period beginning January 9, 1980 through
June 2 , 19$1�
a) excessive, Zoud barking at all times of
• the day and night
b) dogs found ru.nning unrestrained in the yard
and deck area while owner not a� home
c) the police have foun.d uptc� six dogs on
property
d) the police note appro�imately 12 comp.laint
calls during the time period noted above.
6) The wy-itten peiticns of the neic�hbors confirm
the foilowing conditions or_ the property:
a) Mary Koltes has left her dogs ur.restrained
on her property.
b) The dogs when left unrestrained in the yard
of deck �rea will bark at passerbys or any
noise at all timcs of the day an.d night.
c) One of the Koltes dogs attacked a dog
chained in a neighb�r' s yard and in turn
attacked the r.eighbor ' s child while attempting
to save the dog.
�) The Koltes c�ogs have been found disturbing
the restra;_ned dogs �n other neighboring
properties.
e) ThP unrestrained dogs ar� agressive, annoying
and c�arsgert�us fc�r the unsuspeetin.g passerby.
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� ' P�ar�� Koltes
' Pa�e 3
` Cit� of ORONO
• RESOLUTION OF THE CITY COUNCIL
NO. 1299
•
• � • •
) On December 29, 1980, Mary Koltes purchased
four dog licenses, 2101, 2102, 2103, and 2104.
License 2104 was for a sheep dog mix previously
identified as a visitor on an April 23, 1980
inspection.
8) On June 22, 1981, Council advised Koltes to
apply for a kennel license as her original
one expired on April 30 , 1981.
9) On June 24 , 1981, Mary Koltes applied for a
kennel license fnr three dogs.
10) On July 8, 1981, a routine inspection for a
kennel license was made by staff noting the
following conditions:
a) Three unrestrained dogs left on the deck -
one dog was barking inside.
b) Mary Koltes was not at home.
c) A brownish colored afghan ran out to the
car and bariced at staff inembers while an
• inspection was made of the property.
11) The neighbors ' petitions have asked Council
to deny a kennel license for Mary Koltes .
12) The applicant has stated for the record that
there have been several attempts by unknown
parties to shoot at the dogs on her property.
13) Council finds the conditions under which the
dogs are kept by Mary IColtes at her residence
located at 2300 Bayview Place to be a potential
danger to the public health, safety and general
welfare of the local community.
14) Council finds that the issuing of a kennel
license to Mary Koltes in consideration of the
foregoing findings would be contrary to the
intent and purpose of Chapter 63 of the Orono
Municipal Code.
15) The applicant has not introduced any evidence
contrary to any of the above findings of fact
except to confirm the above findings and by
her own word admit of the potential hazard to
the neighborhood.
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, M�ry Koltes
• P�ge 4
r
6 ` Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1299
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URTHERMORE, BE IT RESOLVED that based upon the foregoing
findings the City Council hereby requires Mary Koltes to remove two
of the licensed dogs or any additional unlicensed dogs from her res-
idence at 2300 Bayview Place by August 27, 1981.
Adopted by the City Council of the City of Orono Minnesota
at a regular meeting heed July 27, 1981.
_ /11� � t..
W liam an s , Mayor
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ATTEST:
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