PUBLIC HEARING: Consider a Request for a Conditional Use Permit to Maintain Four or More Dogs at the Property Located at 5520 140th Ln NW; Case of Diane Mattsen

The City has received an application from Diane Mattsen (the "Applicant") for a conditional use permit to maintain up to twelve (12) dogs on the property located at 5520 140th Lane NW (the "Subject Property").  While the Applicant is interested in only operating a private dog kennel, eight (8) of the potential twelve (12) dogs allowed on the Subject Property would not belong to the Applicant, which Ramsey City Code would define as a commercial dog kennel.

Staff attempted to notify all Property Owners within 350 feet of the Subject Property of the Public Hearing. A Public Notice was also advertised in the Anoka UnionHerald.

Section 10-52 (Definitions) of Ramsey City Code defines the following:

A "private dog kennel" is a place where a dog owner keeps four or more dogs over six months of age on property occupied by the dog owner for residential purposes and where the keeping of such dogs is incidental to the occupancy of the premises, and may include breeding and selling of dogs as a hobby.

A "commercial dog kennel" is a place where boarding and/or training is offered to any number of dogs not owned by the owner or occupant of the premises. Such boarding and/or training may also include but is not limited to related uses such as selling, breeding, showing, treating or grooming.

According to the strictest reading of these definitions, because the Applicant proposes to maintain dogs that they do not own, the issuance of the Permit would establish a commercial dog kennel on the Subject Property. However, what the Applicant proposes does not meet the intent of a commercial dog kennel and would instead act more as a private dog kennel. For instance, other than the four (4) dogs owned by the Applicant, all other dogs periodically maintained on the Subject Property would belong to the Applicant's family members and be cared for only short periods of time at no charge. The Applicant occassionally 'dog sits' for family members' dogs when they are traveling out of town. The Applicant has stated that there is no plan to care for dogs other those owned by the Applicant or the Applicant's family members and there are no plans for this kennel operation to be a business. Before allowed on the property, all dogs will be subject to standards in Section 10-59 of City Code (Rabies vaccination).

The Applicant has agreed to other restrictions, which she herself proposed as part of the application. All dogs maintained on the Subject property would be fifteen (15) pounds or less in weight. They would be outside generally between the hours of 8:30 AM and 8:00 PM for purposes of bathroom breaks and exercise (not continuously). When outside, all dogs would be secured within a proper enclosure (the "Enclosure") that meets the definition found in City Code Section 10-52. It consists of a small area on the Subject Property surrounded by a chain-link fence and a three (3) foot high privacy fence, as shown in Exhibit A. Exhibit B shows the placement of the Enclosure right next to the home on the Subject Property, which provides the dogs quick access to the outside and reduces the incidence of them loudly reacting to anything outside of the Enclosure. If the Enclosure does not adequately deter noise and it becomes a reasonable annoyance to neighbors, there are penalties that may be imposed and associated disciplinary actions taken to stop the annoyance as described in Section 10-69 (Dogs disturbing the peace). Additionally, revocation of the conditional use permit would be another option.

Two neighboring property owners have submitted letters of support for the Applicant and the proposed conditional use as shown in Exhibit C.

In addition to the kennel services, the Applicant also proposes to eventually breed dogs and provide temporary foster care to dogs on the Subject Property. Neither of these uses would allow the Applicant to maintain more dogs than the maximum of twelve (12) or the maximum size of fifteen (15) pounds.

Alternatives
Option 1: Approve Resolutions #14-08-148 and #14-08-149 granting a conditional use permit to maintain four or more dogs at the property located at 5520 140th Ln NW. The Applicant has stated that only dogs belonging to the Applicant (4) and the Applicant's family will be allowed on the Subject Property. This service will only take place when a family member requires dog care because of traveling out of town. The number of dogs will not exceed twelve (12) and their size will not be any greater than fifteen (15) pounds. When outside, the dogs will be contained within a proper enclosure that is bounded by a privacy fence that will not allow the dogs to lookout nor passersby to look in. Staff recommends this option.

Option 2: Approve Resolutions #14-08-148 and #14-08-149 with modified or additional conditions. This option would be based on discussions and could involve modifying the number of dogs allowed on the Subject Property or augmenting the conditional use permit to include additional conditions.

Option 3: Do not approve Resolutions #14-08-148 and #14-08-149 denying a conditional use permit to maintain four or more dogs at the property located at 5520 140th Ln NW. While the Applicant is seeking to maintain up to eight (8) more dogs in addition to the four (4) that she owns, only family members' dogs will be allowed on the Subject Property, they will be small in size (fifteen [15] pounds or less), and would only be on the Subject Property occassionally. When outside, the dogs will be secured within a proper enclosure bounded by a privacy fence that has been installed to reduce the ability to look out and the incidence of barking. Additionally, two (2) neighbors have voiced support for the Applicant and the conditional use. Staff does not recommend this option.

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

City Staff recommends approving Resolutions #14-08-148 and #14-08-149 granting a conditional use permit for a private dog kennel to maintain four or more dogs on the property located at 5520 140th Ln NW.

Motion to recommend that the City Council adopt Resolution #14-08-148 adopting Findings of Fact #0932 related to a request for a Conditional Use Permit for a private dog kennel to maintain four or more dogs on a parcel of property

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Motion to recommend that the City Council adopt Resolution #14-08-149 approving a Conditional Use Permit for a private dog kennel to maintain four or more dogs on the property 5520 140th Ln NW