HomeMy WebLinkAboutResolution 5297
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RESOLUTION NO. 5297
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR A
RESIDENTIAL DOG KENNEL FOR TAMMY SCHMITT,
2206 HILLVIEW ROAD; MOUNDS VIEW PLANNING CASE NO. 542-98
WHEREAS, Tammy Schmitt has applied for a conditional use permit for a residential dog
kennel at her property located at 2206 Hillview Road, property zoned R-l, Single Family
Residential, legally described as followed:
LOT 4, BLOCK 6, PINEWOOD TERRACE NO.3,
RAMSEY COUNTY, MINNESOTA
WH EREAS, The Mounds View Zoning Code allows, with a conditional use permit, three
to four dogs at a single-family residence; and
WHEREAS, the Mounds View City Council has reviewed the following documents
regarding this proposal:
a.
b.
Planning Application
Zoning Map
500 Foot Radius Map
Petition
Applicant's Statement
c.
d.
e.
WHEREAS, the Mounds View City Council finds that the signatures on the submitted
petition are valid and meet the licensing requirement for residential dog kennels; and,
WHEREAS, the Mounds View Police Department has confirmed that there have not
been any problems, complaints or calls made in reference to dogs at the property owned and
occupied by Ms. Schmitt; and,
WHEREAS, the Mounds View City Council makes the fol1owing findings regarding the
criteria for approval ofa conditional use permit, as required by Section 1125.01 Subd. 3.b.:
( I) 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.
(7) The use will not cause traffic hazards or congestion.
(8) Adequate utilities, access roads, drainage and necessary facilities have been or will be
provided.
Owning dogs, as many as four, will not have an impact to public facilities, nor generate additional
traffic or cause congestion.
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Resolution 5297
Schmitt Kennel CUP
December 28, 1998
Page 2
(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.
(3) The structure and site shall have an appearance that will not have an adverse effect upon
adjacent residential properties.
The dogs will be separated from the adjoining properties by a fence, which will help to prevent the
dogs from mIming loose through the neighborhood.
(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.
(5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning
district in which the applicant intends to locate the proposed use.
(6) The use is not in conflict with the Comprehensive Plan of the City.
Having dogs as pets is a common part of the suburban residential experience, an activity which does
not conflict with the zoning code nor the comprehensive plan.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
approves the conditional use permit, with the following stipulations:
I. No more than four dogs over the age of six months shall be allowed at the property.
2. The applicant shall be responsible for paying an annual license fee (currently thirty
dollars) upon approval of this permit and again on or before every first of September
thereafter.
3. The applicant shall maintain the property in a clean, quiet, orderly, and sanitary condition.
4. The backyard shall be completely fenced in to help prevent the dogs from leaving the
property.
Adopted this 28th day of December, 19~
DuaneMcc~?~ ~
ATTEST:
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ity Clerk I Administrator
(SEAL)
N :\DATA\G ROl1PSTOj','lDE V\DE VC ASES\542-98\5 297CC. RES
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RESOLUTION NO. 5297
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR A RESIDENTIAL
DOG KENNEL FOR ANDREA MACRANNOLDS, 2841 BRONSON DRIVE;
MOUNDS VIEW PLANNING CASE NO. 547-99
WHEREAS, Andrea MacRannolds has applied for a conditional use permit for a
residential dog kennel at her property located at 2841 Bronson Drive, property zoned R- I, Single
Family Residential, legally described as follows:
West ~ of Lot 14
...\'pring Lake Park Knolls Addition
Ramsey county, Minnesota
WHEREAS, the Mounds View City Council has reviewed the following documents
regarding this proposal:
1. Planning Application
2. Zoning Map
3. SOO-Foot Radius Map
4. License Application Form
5. Petition (insufficient)
6. Lcttcr to the Applicant, dated 2/8/99
7. Lctter to the Applicant, datcd 3/4/99
8. Planning Commission Resolution 577-99
9. Planning Commission Minutes, 4/21/99
10 Staff Report for City Council Action
WH EREAS, The Mounds View Zoning Code conditionally allows for a residential dog
kennel of three to four dogs at a single-family residence with, among other things, a residential
dog kennel license; and
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Resolution 5297
MacRannolds CUP
April 26, 1999
Page 2
WHEREAS, the licensing requirements for a residential dog kennel in Mounds View
specifY that a petition needs to be signed by more than fifty percent of the property owners within
500 feet of the subject property who approve of such a dog kennel license; and,
WHEREAS, according to Section 1125.01, Subdivision Ie, the City Council is to
examine the possible adverse effects of this use upon the neighborhood and community; and,
WHEREAS, according to Section 1125.01, Subdivision 3, the City Council is to address
a standard set of criteria regarding conditional use permit applications; and,
WHEREAS, according to Minnesota Statutes and City Code, public hearings are to be
held prior to any action with regard to conditional use permits; and,
WHEREAS, staff routinely performs background checks with the Police Department for
license applicants; and
NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council finds there
to be sufficient reason to believe that the general health, safety, well-being and welfare of the
community may be comprised by the granting of this conditional use permit request, and makes
the following findings offact related to its decision:
1. The submitted petition does not contain the required number of valid signatures from
within 500 feet of the applicant's property.
2. It is possible that the proposed use may tend to or actually depreciate the area in which it
is proposed due to the existing unsanitary conditions, barking dogs and noxious odors.
3. There is a past history of problems with dogs at this location as evidenced by the four
police reports since 1992 which impacts the safety and peace-of-mind of the neighboring
residents.
4. The health, s~fety and well-being of the neighborhood residents have been tested in the
past with regard to the applicant's dogs and may be further compromised by the permitted
allowance of four dogs at this location.
5. Dogs at this location have gotten loose and have at times not been under the complete
control of the applicant.
6. Testimony taken at the Planning Commission public hearing on April 21, 1999, siting
barking dogs, fear of bodily injury, unsanitary conditions and diminution of aesthetic
values and personal enjoyment of property, indicated a near unanimous desire to have this
conditional use permit application denied by the City Council.
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Resolution 5297
MacRannolds CUP
April 26, 1999
Page 3
BE IT FURTHER RESOLVED that based on the above findings, the Mounds View
City Council denies this conditional use permit request for a dog kennel; and
BE IT FINALLY RESOLVED that the applicant is hereby ordered to have two dogs
permanently removed from the property within thirty days of the adoption of this resolution or the
Mounds View Animal Control Officer will remove two dogs and bring them to the New Brighton
Veterinary Clinic at the applicant's own expense.
Adopted this 26th day of April, 1999. /'/j. ,) :-;:-/'// . C>::"
(~1UL/j.>~ / cr~'~~I//tc)
< Dan Coughlin, Mayot.... ", /
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ATTEST:
Charles S. Whiting, ity Clerk / Administrator
(SEAL)
N :\DATA\G Rot ;PS\COI\ID E VIDE VCASES\54 7 -99\5 297D. RES