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Mounds View Planning Commission April 6, 2005 Regular Meeting Page 2 ________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Case CU05-002. Consideration of a Conditional Use Permit (CUP) for a Residential Dog Kennel at 8370 Pleasant View Drive. Applicant: Elizabeth Stoltz. Planner Prososki indicated that the applicant, Elizabeth Stoltz, is requesting a conditional use permit to allow for a residential kennel at 8370 Pleasant View Drive. The applicant is proposing to keep three German Shepard dogs as pets. Planner Prososki stated that one of the conditions of the residential kennel license is that the applicant must submit a petition signed by at least 50% of the property owners within 500 feet of the applicant’s property stating that they agree with the establishment of the kennel. The applicant has indicated that the signatures will be submitted at tonight’s meeting. Planner Prososki reported that the applicant is planning to enclose the backyard with a five-foot tall fence. There is currently a small fenced area in the yard and an existing kennel in the yard. The applicant has three German Shepard dogs; one male and two females. All three dogs are neutered or spayed. The applicant has indicated that the dogs are “inside” dogs most of the day. The dogs are only let outside when the applicant is home and are not outside from 10 p.m. to 7 a.m. Planner Prososki stated that she contacted the Mounds View Police Department and requested any complaints or reports filed regarding animals at the subject property. There is one complaint on file with the Police Department. On March 5, 2005, the Police Department received a complaint about barking dogs at the residence. Planner Prososki reported that many neighboring property owners commented on this request. The neighbors have concerns about allowing the applicant to keep three dogs, specifically because they indicate that the dogs bark excessively. Some of the neighbors have concerns that there are already several dogs in the neighborhood that allows this applicant to have three dogs would set a precedence, which would make it harder for the City to deny other potential applicants in the area. Planner Prososki stated that some of the neighbors have concerns about the barking and the loss of enjoyment of their property, but are reluctant to force the applicant to sell or give away one of her pets. Planner Prososki noted that staff has provided two versions of Resolution 790-05. One version recommends approval of the conditional use permit request and the other recommends denial. Planner Prososki explained that Staff does not typically attach two resolutions; however, this request is somewhat more complex than a typical conditional use permit request and seems to warrant attaching two versions of the resolution.