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HomeMy WebLinkAboutResolution 9495RESOLUTION No. 9495 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA DENYING A CONDITIONAL USE PERMIT FOR AN ANIMAL BOARDING FACILITY, 5491 ADAMS STREET (PLANNING CASE CU2021-004) WHEREAS, the applicant, Paul Holt, representing the property owner (Bbak Ventures, LLC) has applied for a Conditional Use Permit for an Animal Boarding Facility on property located at 5491 Adams Street, legally described as: P I D: 08-30-23-12-0052 Lot 3, Block 4 of Spring Lake Park Highlands WHEREAS, the property is zoned B-2 Limited Business. Mounds View City Code §160.183(C) requires a Conditional Use Permit for Veterinary clinics, animal clinics and animal boarding facilities within the B-2 district with conditions; 1. Noise and odor are effectively confined to the premises in accordance with Ch. 91 of this code of ordinances; 2. A mechanical ventilation or exhaust system shall be installed to control, capture and remove emissions or odors generated by the use. The systems shall be separate from other ventilation systems in the building. The system shall be designed to prevent the migration of emissions or odors to other parts of the building. Installation must comply with Minnesota Building Code Mechanical Systems, Ch. 1346; 3. All animal boarding activities shall be conducted indoors, except for necessary outdoor exercise. At no time shall any animal be left unsupervised while outdoors; 4. Outdoor exercise shall be conducted so as not to unreasonably annoy, injure or endanger the health, safety, comfort or welfare of the public; 5. All animal boarding facilities shall comply with the nuisance codes established for the city; and 6. All animal boarding facilities shall comply with the state's Pet and Companion Animal Welfare Act (M. S. §§ 346.35 through 346.44, as they may be amended from time to time). WHEREAS, Mounds View City Code §160.450(E) states; "The Planning and Zoning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgment shall be based upon (but not limited to) the following factors": 1. Relationship to Municipal Comprehensive Plan; 2. The geographical area involved; 3. Whether the use will tend to or actually depreciate the area in which it is proposed; 4. The character of the surrounding area; and 5. The demonstrated need for the use. 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; Page 3 of 3 Res 9495 Finding: Animal Boarding is not specifically addressed in the Comprehensive Plan. It does relate to Land Use Goals and Policies; Goal 1 (Stabilize and strengthen neighborhoods); Ensure redevelopment complements adjacent land uses and character. When considering development, preserve vegetative buffers between different land uses when possible and establish vegetative buffers when none exist. Adequate screening is proposed. However, the outdoor kennel does not complement the adjacent residential property, nor residential neighborhood, because of the anticipated barking and potential odors. 7. The use will not cause traffic hazards or congestion; Finding: The use will not cause traffic hazards or congestion. 8. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Finding: Public utilities are adequate. WHEREAS, a Public Hearing was held November 22, 2021. Notice was published in the Shoreview Press on November 9, 2021, and mailed to property owners within 500' of the subject property. Four residents provided testimony (three in opposition); and, NOW, THEREFORE, BE IT RESOLVED, based upon the above Findings, the Staff Report, the Planning and Zoning Commission's recommendation, and in consideration of public testimony, the City Council DENIES a Conditional Use Permit for an Animal Boarding Facility. Adopted this 13T" day of December, 2021 Carol A. Mueller, M Attest: 1-2_ ., Nyle;'fkmundXity Xdministrator Doc No T02722426 Certified, filed and/or recorded on Jan 10, 2022 9:44 AM Office of the Registrar of Titles Ramsey County, Minnesota Todd J. Uecker, Registrar of Titles Heather L. Bestler, County Auditor and Treasurer Deputy 203 Pkg ID 1501235M Document Recording Fee Torrens $46.00 Document Total $46.00 Existing Certs 640476 This cover sheet is now a permanent part of the recorded document.