HomeMy WebLinkAbout06-11-1984 Council PacketMINUTES OF THE PLAWING COMMISSION MEETING OF MAY 21, 1984. PAGE 1
ATTENDANCE 7:30 P.M. The Planning Commission met on the abovc: date with the
following members present: Chairperson Goetten,
Adams, Kelley, Callanan, Rovegno and Sime. Planning
Commission member McDonald was absent. Zoning
Administrator Mabusth, Assistant Zoning Adminis-
trator Gaff ron and City Recorder Sutton represented
the City staff. Mayor Butler represented the City
Council.
#830 WILLIAM SMILEY
2720 PHEASANT ROAD
LOT LINE RBARRANGEAW..NT
PUBLIC HEARING
7:30-7:34 P.M. William Smiley of 2720 Pheasant Road and Yale William
Smiley of 3818 North Shore Drive were present.
Assistant Zoning Administrator Gaffron noted the
certificate of mailing and the ffidavit of
publication.
Rovegno moved, Sime seconded, to recommend approval of
the lot line rearrangement for William Smiley subject
to the following conditions:
1. Structure to be constructed or. new Lot 2 (old Lot
16) must adhere to the designated building envelope.
2. The City will approve no additional variances with
this application.
3. All improvements to Lot 2 (old Lot 16) are subject
to the performance standards that govern development
of lakeshore properties, including hardcover
standards.
4. Provide utility easement (for existing sanitary
sewer connection in favor of Lot 1 (old Lot 17 ) upon
transfer or sale of Lot 2 (old Lot 16).
5. Applicant to time the building schedule with the
upgrading of Lift Statior. 7.
C%nUN 11_ � ` 6. Payment of park fee in the amount of $440.
JUN I , l�i�+ Motion, Ayes ( 6) , Nays ( 0) .
CITY OF or. ' ~
MINUTES OF THE PLANNING COMMISSION !MEETING OF MAY 21, 1984. PAGE 2
#835 JUDO ROGERS
4490 FOREST LAKE LANDING
LOT LINE REARRANGEMENT
PUBLIC HEARING
7:55-8:05 P.M.
#819 WILLIAM MILLS
200 LEAF STREET
SUBDIVISION
Mr. and Mrs. Judd Rogers were present. Assistant
Zoning Administrator Gaffron noted the certificate of
mailing and the affidavit of publication. Judd
Rogers noted that the well is in the front of the house
and also that they are willing to remove the shed.
Assistant Zoning Administrator Gaff ron noted that at
the time the application was submitted, that staff did
not know that they would also need a variance.
Gaffron :-tated that the applicants will have to pay the
$100 variance fee.
Hardcover was discussed and it was determined that
because of the trade off in hardcover, no variance is
necessary.
Adams moved, Sime seconded, to approve the lot line
rearraiigement based on the following findings:
1. Difficulty in exiting existing garage to street.
2. Applicant is reducing hardcover on property.
Approval based on the following conditions:
1. No increase in hardcover and applicant to tradeoff
with existing hardcover
2. No side setback variance
3. Applicant to remove existing shed to reduce
hardcover on property.
Motion, Ayes (6), Nays (0).
William Mills was present. Assistant Zoning
Administrator Gaffron stated that staff needs
additional information concerning the septic primary
site.
Callhan moved, Sime seconded, to table William Mills
subdivision application until the septic is resolved.
Motion, Ayes (6), Nays (0).
MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 21, 1984. PAGE 3
C.D. WILLIAMS
1932 FAGERNESS POINT
VARIANCE
PUBLIC HEARING
7:34 - 7:50 P.M.
C.D. Williams was present. Kent and Janet Dahlen of
1926 Fagerness Point Road were present from the
audience. Assistant Zoning Administrator Gaffron
noted the certificate of mailing and the affidavit of
publication.
Assistant Zoning Administrator Gaffron noted that the
applicant is requesting to remodel and add on to the
existing house which is within the 75' lakeshore
setback. Gaffron stated that the property is
severely limited because of the hardcover.
Kent and Janet Dahlen of 1926 Fagerness Point Road
stated that there is a drainage proble•,i affecting them
and William's property. Dahlen su'jmitted a letter
noting their concerns.
Kelley stated that he would not be in favor of
increasing the hardcover on this pr,,)perty.
C.D. Williams stated that he would be glad to go upward
rather than to increase the hardcover on the property.
Rovegr:o stated that there are front setback, lakeshore
setback, and hardcover problems on the property.
Rovegno stated that the applicant shouldn't exceed the
existing hardcover.
Sime stated that he would not approve any increase in
hardcover. Sime suggested tabling the application
to give staff and applicant time to work with the
proposal.
Kelley moved, Callahan seconded, to table C.D.
Williams variance application to allow staff and
applicant time to work with the proposal. Motion,
Ayes (6), Nays (0).
MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 21, 1984.
PAGE 4
#828 LARRY KARKELA
4149 HIGHWOOD ROAD
VARIANCE
PUBLIC HEARING
8:22-8:40 P.M.
#831 ROBERT HAAPALA
4015 DAHL ROAD
VARIANCE
PUBLIC HEARING
8:41-8:45 P.M.
Larry Karkela was present. Assistant Zoning
Administrator Gaffron noted the certificate of
mailing and the affidavit of publication.
Sime asked about the design of the garage and if the
applicant was still planning on using it as an office.
Karkela stated that he is using a room in his home for an
office and that he will not be using the garage as an
office. Karkela stated that he still would like to
put in the windows in the garage to match the house.
Rovegno moved, Sime seconded, to approve the Karkela
variance application based on the following findings:
1. Applicant is improving the site and removing the
existing garage from the City right of way.
2. Street side setback is improved with proposal.
Approval based on the following conditions:
1. Total hardcover not to exceed 2,540 s.f.
2. my future grading within 75' of the lake must be
approved by Building Uepartment.
3. No plumbing allowed in garage.
Motion, Ayes (6), Nays (C).
Robert Haapala was present. Assistant Zoning
Administrator Gaffron noted the certificate of
mailing and the affidavit of publication. Gaffron
noted that this variance application was approved in
1981 by the Council but that the approval had expired.
Sime moved, Rovegno seconded, to approve the variance
application of Robert Haapala subject to the following
findings and conditions:
1. All buildings to be located within the building
envelope.
2. Maximum hardcover on the lot to be 4, 227 of or less
including buildings, driveways, patios, decks, etc.
3. No current or future variances granted for any
other performance standards requirements.
'MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 21, 1984. PAGE 5
#831 ROBERT HAAPALA 4. Payment of standard building permit fees
including SAC and Park Dedication fee at the time the
permit is issued.
#832 HARRIET HEHL
405 OXFORD ROAD
APPEAL - BOARD OF
PUBLIC HEARING
8:45 - 9:20 P.M.
REVIEW
5. Payment of $1,081.45 sewer hookup charge with
building permit.
6. Owner/applicant placed on notice that the
property is non -riparian to Lake Minnetonka and any
attempt on the part of the propertyowner to acquire
lake access via an easement through an abutting
lakeshore property will be considered an illegal act,
in violation of the Orono Zoning Code and owner subject
to prosecution.
Motion, Ayes (6), Nays (0).
Zoning Administrator Mabusth noted the certificate of
mailing and the affidavit of publication. Harriet
Hehl of 3348 Bayside Road was present. The following
neighbors were present for this application:
Emery & Louise Smith of 3420 Bayside Road
Richard Melby of 240 Crestview Avenue
Denris McGreevy of 3405 East Lake Street
Mary Lou Swenson of 3780 Bayside Road
Hazel Anderson of 3780 Bayside Road
Douglas Nash of 270 Crestview Avenue
George i Mildred Lind of 3310 Bayside Road
John Lehmeyer of 320 Crestview Avenue
Bonnie Boylan of 3240 Bayside Road
Charles 6 Jennie Thompson of 3200 Bayside Road
Don Boylan of 3240 Bayside Road
Jim Deanovic (contractor) of 405 Oxford Road
Daryl Behl (relative of Harriet Hehl)
Don Streeter of 4740 Lakeway Terrace
Chauncey Sandgren of 1215 Arbor Street
Marvel Sandoren of 1215 Arbor Street
Esther Addison of 3382 Bayside Road
Barbara Huber of 3390 Bayside Road
Art Burton (owner of 405 Oxford)
George i Kathe Jukish of 3280 Bayside Road
David Behl (relative of Harriet Hehl)
MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 21, 1984. PAGE 6
#832 HARRIET HEHL Zoning Administrator Mabusth stated that the Planning
Commission, as a board of appeals, must make a
recommendation to Council concerning staff's
interpretation of the pertinent sections of the
ordinances that relate to fencing. Mabusth stated
that the ordinance allows a 6' high fence to be
constructed along a major thorof are. Mabusth stated
that the fence is a non -encroachment in this case and
requires no setbacks.
Jim Deanovic of 405 Oxford Road stated that he had
checked with the City before constructing the fence
and that staff had approved the fence. Deanovic
stated that he has owned the house for two years and
that the fence construction was not intended to be
harmful.
Zoning Administrator Mabusth stated that Mrs. Hehl
does not question the cone in regard to the location of
the fence, but that she is concerned with the grade
change that took place.
Rovegno stated that the grade is usually reviewed
because of drainage concerns, and as per original
grading plans does not appear to have addressed any
other concern. The intent of the builder would appear
to have addressed drainage concerns only --the change
in grade was not to create 10-12' barricade.
Zoning Administrator Mabusth stated she would agree
that staff looks at grading plans to assure that
drainage would be directed away from neighboring
properties and to improve drainage cn the site.
Harriet Hehl stated that the grade was changed before
the fence was constructed.
Don Streeter stated that Mrs. Hehl has enjoyed the view
of the lake for 50 years. Streeter stated that the
ordinance allows a 6' high fence at existing grade but
the grade has been changed and a berm has been added.
Streeter noted that with the berming and filling that
the fence is actually 12' high because it does not meet
the ordinance section that "at existing grade".
Streeter stated that if the f4 °:. ad been built on the
existing grade that it would _,,Pt have blocked Hehl's
view of the lake.
Zoning Administrator Mabusth noted that the specific
section of the code referenced by Streeter has no such
reference to existing grade.
'MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 21, 1984. PAGE 7
#832 HARRIET HEHL Art Burton, owner of 405 Oxford Road, stated that the
intent of the berming and f illing was to bring the land
in line with the County Road. Burton stated that
Bayside Road is a heavily traveled road and that lights
do shine into the windows at night. Burton stated
that the fence was constructed for privacy reasons
also. Burton stated that the intent of the fence was
not a malicious one.
Zoning Administrator Mabusth read a section from the
Municipal Code relating to grade changes in the non -
encroachment fence section as follows:
"Fences, which do not exceed 3 112' in height; fences
not over 6' in height along the front lot line of lake
frontage lots which front on a major thorofare ... which
do not extend above the height of the ground floor
level of the principle building and extend to a
distance of not less than 2' from any lot line."
Rovegno asked what the origi-ial grade was before
construction was started.
Harriet Hehl stated that the grade was changed be -,'ore
the fence was constructed.
Don Streeter stated that it seems that the C.ty
Ordinances -in regard to height of fences can oe
circumvented if you can afford to do it. Streeter
stated that he doesn't feel that was the intent of the
ordinance but yet this is what has happened. Streett r
stated that the grade was raised, berming took place,
and then the fence was constructed.
Rovegno noted that the code specifically doesn't refer
to grade changes when dealing with fences along major
thorofares because the intent of that section was to
shield or provide privacy from heavily trafficked
roads. A 6' high fence may not work if additional
grading or fill is not allowed. Rovegno asked when the
construction of the fence took place.
Deanovic stated that it was approximately 6 months
after the berming.
Richard Melby of 240 Crestview Avenue stated that the
fence blocks off the view and breeze of the lake for all
the neighbors.
Emery Smith of 3420 Bayside Road asked how a fence like
that ever got constructed above grade like it is. Smith
stated the there was a. lot of fill that was put on the
property and then the fence put on top of that.
MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 21, 1984. PAGE 8
#832 HARRIET HEHL Don Boylan of 3240 Bayside Road asked if the berm was
built to put the fence on. Boylan stated that the
height of the fence is not 6' because he is 6' tall and
it goes way over his head. Boylan stated that the
fence is considerably higher than 6'.
Chauncey Sandgren of 1215 Arbor Street stated that he
is sympathetic with the neighbors in this area who
cannot view the lake anymore. Sandgren stated that
the lake cannot be viewed from a car anymore.
Sandgren stated that he questions the validity of the
6' fence ordinance when all you have to do is change the
grade to have whatever height fence you want.
Dennis McGreevey of 3405 East Lake Street stated that
the fence runs along his property line and deprives him
of the view.
Art Burton stated that in the previous house his family
ro-sided ' n that they were very concerned about the view
of the lake. Burton stated that in the deed it
specifjed that the house must be built in a certain
manner and spot so as not to ruin the lake view.
Burton stated that he sympathizes with the neighbors
but it is his right as a property owner to construct a
privacy fence. Burton noted that it is a heavily
trafficked read and the fence blocks the lights that
shine in tht house at night.
Deanovic, builder of house at 405 Oxford Road, stated
that before the fence construction neighbors would
cross his lard to access the lake. Deanovic stated
that after the fence construction that the neighbors
could not do that anymore.
Sime asked applicant/owner if there was any way to
compromise with the neighbors affected along Eastlake
Street by adding bushes or trees instead of the fence.
Burton stated that only three houses' view is
obstructed by the fence and one of thase houses is
uninhabited.
George Lind of 3310 Baysiide Road stated that the fence
devalues their property values.
Daryle Hehl (relative of Harriet Hehl) stated that the
fence is a solid one and nothing blows either way.
Hehl asked if the fence is structurally s-urd_
Deanovic stated that the fence is built in clay and
built very well.
MINUtES OF THE PLANNING COMMISSION MEETING OF NAY 21, 1984. PAGE 9
#832 HARRIET HEHL John Lehmeyer of 320 Crestview Avenue stated that
aesthetically the fence is incorrect for the
neighborhood. Lehmeyer noted that there are no other
fences in the area like this one. Lehmeyer stated
that this is setting a precedence for this
neighborhood.
Harriet Hehl submitted a letter from her neighbor Rose
Madden of 350 Crestview Avenue. Chairperson Goetten
read thr letter C.s follows:
"The reason most of us live in the Lake Minnetonka Area
is because we enjoy the surroundings. Our natural
surroundings are being shut away from us by fences such
as the one on Oxford Road. Also by some people
accumulating junk cars in their yard. I have lived in
the Stubbs Bay area for 38 years and could enjoy the bay
scenery as they change seasons. This is being denied
of us by the fence around the property on Oxford Road.
Sincerely, Rose Madden"
Chairperson Goetten closed the public hearing at 9:20
but discussion was continued among the Planning
Commission members.
Rovegno stated that Planning Commission mus' decide if
staff interpreted the :once ordinance correctly.
Adams felt that the fence does conform to all standards
of the pertinent ordinances. Adams stated that the
height of the fence does conform to all pertinent
ordinances. Adams stated that he didn't feel that
there has beeo illegal filling and no signs of a
deliberate intent to violate the ordinances of the
City. Adams stared that he didn't feel that the
filling was done maliciously but that it does appear
that the end result of what has happened is contrary t-
what the intent of the City's ordinances are. Adams
felt that a compromise should be made on the overall
height of the fence or perhaps a change in the City's
fence ordinance should be considered. btated
that if no one lived on the other side of the fence that
it would be a great way to build a fence.
Chairperson Goetten stated that the City has tried in
the past to resolve the fence ordinance issue and has
never been ab13 to. Goetten stated that changing the
fence ordinance would be time consuming and yet an
amendment of the code will not be able to address the
petitioner's concern now.
Sime stated that at the existing grade is where the
fence should have been put. Sime stated that he
interprets the City's ordinance to be existing grade
prior to the berming of this property. Sime stated
that the fence should have been included in the plans.
MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 21, 1984. PAGE 10
#832 HARRIET HEHL Rovegno stated that if the owner had used the existing
grade and constructed the fence, the fence would not
have served its purpose. Rovegno stated that the
ordinance allows residents who live on a major
thorof are to have a 6' high fence. Rovegno asked what
is existing grade.
Zoning Administrator Mabusth stated that staff would
interpret existing grade to be the grade established
with final site grade elevations approved with
buileing permit. Mabusth stated that it is the timing
of the tinal grading and the requirement to construct
the fence that has raised the issue of intent.
Mabusth added that although the ordinances clearly
permits the construction of the privacy fence along a
major thorofare irregardless of grade changes in
consideration of the Council's posit4nn on privacy
fences in lakeshore zones, she would tend to review
each case individually.
Callahan stated that the timing of the berming is not
important. Callahan stated that the grade as it
existed in the beginning is the grade at which the
fence should have been put.
Rovegno stated that the intent of the ordinance is to
allow someone who lives on a major thorof are the right
to put a full -privacy, 6' fence.
Kelley stated that the 6' fence goes parr.' down
Eastlake Street so only part of the fence is � Dng a
major thorofare .
Zoning Administrator Mabusth advised the fence along
that lot line assumed the setback for an accessory
structure at 10' from the lot line.
Chairperson Goetten stated that she felt that staff
did interpret the ordinances correctly.
Zoning Administrator Mabusth asked if residents along
a major thorofare have lake view protection rights.
Maousth stated that the ordinances address view rights
on lakeshore properties that abutt lakeshore with
placement of principal structures.
One neighbor noted that Mr. Burton is one individual
but that the fence affects the whole neighborhood.
Chairperson Goetten asked does a person have an
inherent right to historically view a lake when lots
become developed. Goetten asked if staff or Hennepin
County could do some type of study to see how high the
f enc:e would have to be to block the lights f rom cars at
night. Goetten asked Mr. Burton if the fence could be
replaced with landscaping.
MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 21, 1984. PAGE 11
#832 HARRIET HEHL Art Burton stated that he would rather keep the fence.
Burton stated that tha City ordinances allow him to
have a 6' high fence on a major thorofare.
Chairperson Goetten stated that the location of the
fence does conform to all standards of the pertinent
ordinances. Goetten felt that the height of the fence
conforms to all standards of the pertinent ordinances.
Goetten dial not feel that there had been illegal
filling or signs of a deliberate intent to violate the
ordinances of the City.
Kelley moved, Goetten seconded, to recommend to
Council that the location of the fence conforms to all
standards of the pertinent ordinances; that the height
of the fence conforms to all standards of the pertinent
ordinances; and that there has not been illegal
filling or signs of a deliberate intent to violate the
ordinances of the City; and that staff did interpret
the code properly. Motion, Ayes (4), Nays (2). Sime
and Adams voted nay.
Adams felt that the fence does conform to the standards
of the ordinances as written but that the fence does
not conform to the intent of the ordinances. Adams
stated that the intent of the ordinance would be that
the fence can be 6' above grade prior to 12-12-81
(existing grade date). Adams stated that he would go
with the grade of the ground next to the road.
Callahan noted that the questions asked are very
narrow.
Chairperson Goetten stated that she feels that the
ordinances were followed.
Sime stated that neither the letter of the ordinance
was followed nor the intent was followed. Sime stated
that the key is the grade and in his opinion the grade
should be existing grade before any construction took
place. Sime felt it was an error on staff's part
allowing the berming and the fence since the
combination of both would not be permitted by staff as
stated on page 2, last paragraph of the staff report.
#833 HARRY BROCKOPP
993 NILDP13RST TRAIL
VARIANCE
PUBLIC HEARING
10:10 - 10:20 P.M. Harry Brockopp was present. Assistant Zoning
Administrator Gaffron noted the certificate of
mailing and the affidavit of publication. Gaffron
stated that staff needs additional information in
order to do a review of the application.
Brockopp noted that the swamp is the problem that he
doesn't meet the dry buildable.
Sime moved, Kelley seconded, to table Brockopp's
variance application until applicant submits an
MINUTES OF THE PLANATING COMMISSION MEETING OF MAY 21, 1984. PAGE 12
#834 BRIAN FULMER
3505 WAYZATA BOULEVARD
CONDITIONAL USE PERMIT
PUBLIC HEARING
10:21-1.0:22 P.M.
Briar, and Cathy Fulmer were present. Assistant Zoning
Administrator Gaffron note3 the certificate of
mailing and the affidavit of publication. Gaffron
noted that the existing commercial kennel •ase of the
property is a legal non -conforming use. Gaffron
noted that cone:cial kennels are allowed only in
business districts. Gaffror noted that commercial
kennels are not listed in the residential districts in
the code.
Brian Fulmer stated that the 6C dog limit was just a
number that was picked because the City asked for a
maximum number of dogs to be kept on the property at the
time of the conditional use permit review. Fulmer
stated that staff sees this as an expansion. Fulmer
stated that when or a compares the square footage of the
existing building and the proposed one, the square
footage decreases. Fulmer stated that the number cf
boarding ::paces will increase slightly. Fulmer
stated that an electronic security Lystem would be
used to prevent any ogler mishaps like last fall.
Fulmer stated that the whole building would be
enclosed but there would be an open area for the dogs.
Fulmer stated that this new building could hold up to
96 dogs.
Chairperson Goetten asked about the living quarters
above the kennels. Goetten asked if the applicant was
planning to expand the parking area.
Fulmer explained the living quarters would be for
security purposes only. Fulmer stated that they
didn't feel that the change in the building would
warrant additional parking space.
Kelley asked if there wc.uld be any problems with the
sept is system. Kelley asked how the applicants would
dispose of the dog waste.
Assistant Zoning Administrator Gaffron stated that
additional septic testing will have to be done.
Zoning Administrator Mabusth stated that staff feels
that additional parking spaces should be provided.
Mabusth asked how many parking spaces are available
right now.
MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 21, 1984. PAGE 13
#834 BRIAN FULMER Fulmer stated approximately six spaces. Fulmer
stated that the solid waste goes out to the trash and
not to the septic system. Fulmer stated that the
water lis:.ae will not increase but decrease because
they will he using pressure hoses. Fulmer stated that
all the drainage goes to the septic system. Fulmer
stated that he had approximated the current square
footage (hardcover) 13,000 sf and the new building
devoted to boarding space would be 9,600 sf and 1,000
of non -boarding space.
Assistant Zoning Administrator Gaffron stated that
the Planning Commis —ion needs to address expansion of
a non -conforming use. Gaffron stated that in the
original conditional use permit a maximum of 60 dogs
was one of the requirements of that permit.
Kelley stated that he didn't feel that this was an
expansion but that the business is just growing.
Dr. Fulmer (father of Brian Fulmer) stated that the 60
dog maximum number was just picked arbitrarily.
Fulmer stated that starting a business from scratch
they didn't know how many dogs there wo;-'_d be in the
future so they just picked the number 60.
Chairperson Goetten stated that she didn't feel that
this was an expansion of the use because it doesn't
increase the hardcover.
Zoning Administrator Mabusth asked what would happen
to the building if that property no longer was used as a
commercial kennel. Mabusth asked what would they do
with that large of a structure in a residential zone.
Mabusth stated that Planning Commission should
recommend to amend the zoning code to allow commercial
kennels , .i a residential zone if they were to approve
tnis application. Mabusth stated that if the City
decides to amend the code, that the City would be
opening itself to other commercial kennel
applications. Mabusth stated that performance
standards should be set up for this issue.
Fulmer stated that there is a new state regulation
covers commercial kennels and that they will follow
those regulations. Fulmer stated that it would be
similar to those performance standards that the City
might like to use. Fulmer noted that the National
Boarding Kennel Association has regulations too.
Mayor Butler stated tha*- the Council will have a
problem with the seco,; tsidential unit on this
property. Butler stateo that the City could set up
performance standards using the same regulations and
language as the state does.
.i4INufts OF THE PLANNING COMMISSION MEETING OF MAY 21, 1984. PAGE 14
#834 BRIAN FUI,MER Rovegno stated that the second residential unit could
be treated as a guest house through a conditional use
permit because they have enough acreage. Rovegno
stated that the City could state that this residential
unit cannot be rented out and used as a guest house
only.
Kelley stated that commercial development within
Orono should be limited. Kelley stated that amending
the code would only encourage commercial development.
Callahan stated that amending the code is a long
process and the City should solve this one first.
Rovegno moved, Sime seconded, to recommend approval of
the conditional use permit of the non -conforming
commercial kennel use based on the following f indings:
1. The square footage proposed to be devoted to
kennel use on this prop.�rty is less than the square
footage used currently for the legal non -conforming
use.
2. Proposal provides security for the animals.
3. Proposal provides noise reduction to the
neighboring properties, noting one past noise
complaint on file.
4. The kennel is located on U.S. Highway 12 which is a
major arterial roadway.
5. Time schedule of the proposed construction is fall
and spring.
Approval is based on the following conditions:
1. Standards for operation of this kennel shall be
consistent with these provided by:
a) American Boarding Kennel Association
b) State of Minnesota, S.F. No. 682, Chap. 358
"Pet and Companion Animal Welfare Act"
c) City Inspection
2. Operator of this kennel shall be required to
provide on site private security in the form of a live-
in resident.
3. Parking shall be appropriate for intensity of the
use and should additional parking be required,
applicants will be required conform.
4. Waste dispcaal shalt be adequate to serve the
needs of the operation. The existing and proposed
septic systems are subject to City staff review.
MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 21, 1984. PAGE 15
#834 BRIAN FULMER 5. Drainage plan must be submitted addressing City
staff concerns.
6. Sigr.age is subject to review by City staff.
7. Building to be approximately screened per staff
review.
8. All other conditions that pertain to the existing
commercial kennel license and conditional use permit
will continue to be met.
Vote: Ayes (6), Nays (0).
Rovegno moved, Sime seconded, to recommend that staff
prepare a draft of an ordinance to allow commercial
kennels as a conditional use in appropriate
residential zones and draft appropriate performance
standards pertaining to kennel structures and the
operation thereof. Motion, Ayes (4), Nays (2).
Adams and Kelley voted nay.
Kelley stated that he would rather not see commercial
development in the residential zones.
Adams stated that applications for :ion -conforming
uses should continue to be reviewed individually.
APPROVAL OF MINUTES Kelley moved, Sime seconded, to approve the April 16,
1994 Planning Commission minutes. Motion, Ayes (6),
Nays (0).
REPRESENTATIVE TO ATTEND
COUNCIL MEETING Sime volunteered to attend the Council meeting of June
11, 1984.
ADJOURNMENT 11:22 P.M. Planning Commission adjourned at 11:22 p.m.