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Page 2 of 3 Res 9495 WHEREAS, the Mounds View Planning and Zoning Commission considered the application, and recommended Approval with Findings (Resolution 1140-21); and, WHEREAS, Mounds View City Code §160.452(B) establishes the Criteria for granting Conditional Use Permits (Findings in italics): The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area; Finding: The use will not create an excessive burden on public facilities. 2. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land; Finding: The outdoor kennel is not compatible with adjacent residentially zoned properties. The outdoor kennel will be about 20' set back from adjacent residential property, 2285 Groberg Street, and about 25' set back from the same apartment building. Although adequate screening is proposed between the kennel and adjacent apartment building, it is anticipated that dogs will bark at noise and movement which they cannot identify. Adjacent to the kennel is a carwash, which creates noise when in use. It is anticipated that dogs will bark at the carwash, further creating a nuisance onto the adjacent apartment building, and surrounding neighborhood. Although dogs will be attended to when outside, it is not practical for the attendant to always prevent dogs from barking. The barking creates a public nuisance. 3. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties; Finding: Adequate screening is proposed. 4. The use, in the opinion of the City Council, is reasonably related to the overall needs of the city and to the existing land use; Finding: The need has been demonstrated by the applicant. 5. The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use; Finding: Mounds View City Code §160.183(C) (Veterinary clinics, animal clinics and animal boarding facilities), specific to ventilation requirements, will be addressed through the Building Permit review. The City Council has denied a Commercial Kennel License to Paul Holt (Resolution 9492). Therefore, there is no justification to approve a CUP for an Animal Boarding Facility without a licensed operator. 6. The use is not in conflict with the Comprehensive Plan of the city;