Adopt Resolution #23-293 Approving a Conditional Use Permit from Rare Pomeranians at 15110 Uranimite St NW

The City has received an application from Angeliah Kohout (the "Applicant") for a Conditional Use Permit for a Commercial Dog Kennel to operate a commercial dog breeding business called Rare Pomeranians at 15110 Uranimite Street NW (the "Subject Property"). The business has operated from the property since September 2022, per customer reviews found on the Google listing for the business. However, City staff did not become aware of the business until October 2023, when the applicant contacted the City to obtain a permit for a Private Kennel License. Upon further review of the initial application, it was discovered that the Applicant operates a dog breeding business. Thus, due to the commercial nature of the request, staff guided the Applicant to submit a new application for a Conditional Use Permit for the dog breeding business.  The Applicant's proposed use is classified as a Commercial Dog Kennel in the Rural Residential (RR) zoning standards, although the Applicant does not currently intend to board other owner's dogs. Due to the proposed use having a defined use category in the Zoning Code, the Applicant requires a Conditional Use Permit instead of a Home Occupation Permit.

Staff attempted to notify property owners within 350 feet of the Subject Property, as reflected in the Anoka County Property Records, of the request for Home Occupation Permit consideration and the Public Hearing to be held by the Planning Commission. A notice of the Public Hearing was published in the Anoka County UnionHerald, the City's official newspaper. A proposed development sign was placed on the property.

Subject Property
The Subject Property is located along the west side of Uranimite Street NW, between 150th Lane NW and 152nd Lane NW. The Subject Property is zoned RR, Rural Residential, on the newly-adopted zoning map. Additionally, the property is guided Rural Developing in the City's 2040 Comprehensive Plan. It is 0.85 acres in size and accesses Uranimite Street NW to the east. Surrounding properties are similar in size and are also zoned RR and guided for Rural Developing land uses.

Summary
Rare Pomeranians has been operating on the Subject Property since September 2022, according to Google reviews for the business listing. The Applicant purchased the property in 2022. The business mainly consists of breeding and selling Pomeranian dogs. The Applicant is self-employed and has no employees. All business operations, including breeding, marketing, and care for the dogs, occur inside the residence. Additionally, the Applicant converted an existing accessory structure in the backyard to function as a doghouse, with electricity, heat, and air conditioning.

The Applicant currently has four dogs: Prince, a 6 year old male; Juliet, a 2 year old female; Harley, an 11 month old female; Faith, a 5 month old female. None of the dogs are spayed or neutered. Aside from bathroom and exercise purposes that occur in the fenced-in backyard, all four dogs primarily stay in the residence with the Applicant. In addition to these four dogs, the Applicant is interested in housing up to three more dogs, bringing the total to seven.

Upon inspecting the property as part of the application, staff found the property to be in compliance with the International Property Maintenance Code, and all areas of the house were found to be clean and well-kept. The four dogs each have their own kennels inside the residence, and there is adequate room for the Applicant to add more kennels as needed. The residence also has separate rooms for breeding, bathing, and marketing the dogs. The accessory structure, which was constructed by a previous owner to function as a children's playhouse, was converted to a four-season doghouse with a bed, electricity, heat, and air conditioning. Staff's only point of concern was a weak spot in the fence around the backyard, which the Applicant plans to fix by reinforcing the fence with additional materials. 

The Applicant intends to own the three additional dogs, and does not currently have plans to start a commercial pet boarding operation. If the Applicant were to pursue pet boarding on the property, a new or amended Conditional Use Permit would be required to accommodate that use. Staff has communicated this point to the Applicant.

Public Correspondence
At the time of writing this case, Staff has received one written comment stating opposition to the request. A copy of the written comment is attached to this case. Staff notes that the Police Department has not received any barking dog complaints on the property.

Alternatives to Consider
Alternative 1: Approve the Conditional Use Permit with conditions attached to the resolution as recommended by the Planning Commission.
 
Alternative 2: Approve the Conditional Use Permit with additional requirements.
 
Alternative 3: Deny the Conditional Use Permit based on certain findings.

All costs associated with this request are the Applicant's responsibility.

At the Planning Commission meeting on November 30, 2023, the Commission unanimously voted to recommend approval of the Conditional Use Permit.

Motion to adopt Resolution #23-293, Approving a Conditional Use Permit for a Commercial Dog Kennel for a Commercial Dog Breeder at 15110 Uranimite St NW.