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II 'Due to the ambiguity of the codes, the Community Development Department advised the applicant to apply for <br />the only Conditional Use Permit possibility shown in the zoning ordinance: <br />Commercial riding stables, horse boarding stables, horse arenas, dog kennels, animal hospitals with <br />overnight care and similar uses provided that: <br />a. The applicable provisions of Section 503 of the City Code relating to the keeping of <br />animals are determined to be satisfied. <br />Section 503 of the City Code is the basic animal portion of the city code. It does not include any specific dog <br />sections, nor does it call out a dog under the animal unit section. Therefore its applicability is quite limited. <br />Attached to this report is Section 502 which is the Dog section of the City Code. Section 502 includes specific <br />standards for dog kennels that will need to be complied with on this site. A staff recommended condition is <br />included with the report which requires compliance with both City Code sections. <br />Also attached is Section 607 which is the Kennels section of the City Code. This seems to be rather repetitive <br />of the `dog kennel' portion of Section 502, but does have slight discrepancies (as can be seen above). For <br />thoroughness a condition of approval requires compliance to this section as well. <br />Administration: <br />4110As listed in the Zoning Ordinance, the Planning and Zoning Board shall recommend a conditional use permit <br />and the Council shall order the issuance of such permit only if it finds the following criteria have been met: <br />a. The proposed development application has been found to be consistent with the policies and <br />recommendations of the Lino Lakes Comprehensive Plan. <br />b. The proposed development application is compatible with present and future land uses of the <br />area. <br />c. The proposed development application conforms to performance standards herein and other <br />applicable City Codes. <br />d. Traffic generated by a proposed development application is within the capabilities of the City. <br />e. Will not involve uses, activities, processes, materials, equipment and conditions of operation that <br />will be detrimental to any persons, property, or the general welfare because of excessive <br />production of traffic, noise, smoke, fumes, glare, or odors. <br />f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major <br />importance. <br />With a limitation to the number of animals that can be kept on the site, staff feels that all six on the Conditional <br />Use Permit requirements are being met on the site. <br />Process: <br />Pending approval of a Conditional Use Permit, the applicant has also submitted an application for a license for a <br />411 dog kennel. This application will require a separate review, and according to Section 502 will require a public <br />hearing and approval by the City Council before being issued. The Police Department is going to complete an <br />inspection of the site to determine its status in meeting the requirements for a kennel license. Once that <br />inspection is complete it will be forwarded to the City Council for review. <br />-70- <br />