HomeMy WebLinkAbout2024-044CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2014-044
A RESOL UTIONAPPROVING ANAMENDMENT TO THE CONDITIONAL USE
PERMIT FOR A COMMERCIAL KENNEL FOR THE PROPER TYSAFFILIATED WITH
AMINAL INN. (861130 STREET N. PIDs 16.029.21.43.0013,16 029.21.43.0001,
16 029.21.42.0011)
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Corwin and Katie Cheng of Animal Inn. Pet Resort and Spa Inc., 8633 34th,
Lake Elmo, MN 55042, (the "Applicant") has submitted an application to the City of Lake Elmo
(the "City") for an amendment to the existing Conditional Use Permit to expand their facility
capacity at the property located at 8611 34th Street North (PIDs 16.029.21.43.0013,
16.029.21.43.0001, 16.029.21.42.0011) (the "Property"); and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 105.12.250; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on March 25th 2024, recommended approval; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report dated May
7th, 2024, to the City Council; and
WHEREAS, the City Council considered said matter at its May 7th 2024 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the City
Council makes the following:
FINDINGS
1. That the procedures for obtaining said Conditional Use Permit are found in the Lake
Elmo Zoning Ordinance, Section 105.12.290.
2. That all the submission requirements of said Section 105.12.290 have been met by the
Applicant.
3. The conditional use permit amendment should not be detrimental to or endanger the
public heath, safety, comfort, convenience or general welfare of the neighborhood or
City.
4. This use is anticipated in the Limited Business land use guidance.
5. The facility has been in existence since the early 1970's. There also is a neighboring
property that is operating as an obedience training facility.
6. The conditional use permit amendment meets all specific development standards of
Article 15.
7. There is a pond on site which causes part of the property to fall within a flood zone.
However, the land use table lists base district uses such as kennels as an allowed use
with a Conditional Use Permit.
8. The proposed addition and new building are designed to be compatible with the
existing structure character. The character of the general vicinity should not be
changed.
9. There is a County highway to the north separating Animal Inn from the northern
residential properties. The closest home to the north is over 850 ft. away from the
property line. Along the southern property line there is an active rail line and large
pond that separates the property and residential properties. The distance from the
property line is conservatively measured at over 300 ft. Staff believe that the spacing
is sufficient to assist in mitigating any nuisances. It is not anticipated for the use to
become a nuisance.
10. The use will be adequately served by essential public facilities and services. A
condition of approval has been included for the property to connect to the existing 16-
inch Trunk Watermain.
11. The use should not create additional requirements at public cost, nor will it be
detrimental to the economic welfare of the community.
12. The use will not produce excessive traffic, noise, smoke, fumes, glare or odors.
13. Vehicular approaches to the property are not proposed to be changed and should not
create traffic congestion.
14. The proposed amendment and use will not result in the destruction, loss or damage of
the natural environment.
Ci10RCO Aid CIT Y ! a
Based on the foregoing, the Applicant's application for an Amendment to the Conditional Use
Permit is hereby approved subject to the following conditions:
1. The total number of dogs boarded at any point in time shall not exceed 300.
2. The total number of cats boarded at any point in time shall not exceed 30.
3. All past conditional use permits affiliated with the properties shall now be null and void.
4. The applicants must enter into a restrictive covenant agreement to ensure the three parcels
remain under common ownership.
5. Primary buildings must connect to City Water prior to the issuance of a Certificate of
Occupancy for the additions.
6. The applicant must provide plans for the water connection to the satisfaction of the City
Engineer, Public Works Director, and Fire Chief prior to the release of the building permit.
7. All city, state, or other necessary permits must be obtained prior to the release of the
building permit.
8. No construction may begin until the applicant has provided written documentation
demonstrating adequate wastewater management facilities exist or are proposed to serve
the proposed addition. This should include either a Washington County inspection
compliance report for the existing on -site wastewater system or a wastewater management
plan and permit approved by Washington County.
9. Address numbers must be plainly visible from the street and on the buildings. Primary
buildings must be identified by their use.
10. The Main buildings defined as Animal Inn, Animal Hospital, Kennel, and Animal Daycare
may be used for boarding. The two storage buildings labeled as shed and storage shall not
be used for boarding.
11. No outdoor kenneling shall be permitted on the property. This does not mean dogs cannot
run freely in fenced areas.
12. All fencing as proposed shall remain in place. Any desire to expand or erect new fencing
shall constitute the need for a CUP amendment. General repair and replacement of fencing
does not need an amendment.
13. There shall not be more than 4 principal buildings and 2 accessory buildings on the
property.
a. Principle buildings are labeled as Animal Inn, Animal Hospital, Kennel, and
Animal Daycare.
b. Accessory buildings are labeled as shed and storage.
14. The caretaker quarters located in the main building, identified as the Animal Inn building
on the Survey, can remain. Expansions of the dwelling space will require an amendment
to the CUP, other zoning or building codes may also apply.
15. Uses are stated and defined:
a. Boarding — Daily stay (Not overnight) and Long term stay (defined as being
overnight)
b. Grooming — Grooming services (baths, clipping, etc.) that do not extend into
veterinary service.
c. Pet Cemetery — Shall be maintained and operated as a cemetery for deceased pets.
d. Obedience training - Standard training and socializing of dogs.
e. Storage — Storage for items or products associated with the Animal Inn business.
Passed and duly adopted this 16'h day of April, 2024 by the City Council of the City of Lake
Elmo, Minnesota.
Jeff ij6ltz, Acting Mayor