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HomeMy WebLinkAbout2.d. KennelsCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR DISCUSSION COMMITTEE OF THE WHOLE MEETING DATE: July 10, 2002 AGENDA ITEM Kennels PREPARED BY: Gary Kalstabakken, Police Chief Charlie O'Brien Rick Pearson, City Planner it. t), ATTACHMENTS: Staff recommendations for kennel definitions and survey SUMMARY This item is presented for discussion and direction as a result of land use questions that came up during the .Tune 18, 2002 public hearing regarding kennel licenses There is an apparent discrepancy between kennels as they are regulated by the zoning ordinance and the city code The zoning ordinance does not currently draw a distinction between commercial and residential kennels It tends to treat all kennels as commercial kennels with severe restrictions based upon the amount of land available Kennels are only permitted in Commercial Districts (with no outdoor dog runs), Agriculture and Rural Residential Districts Kennels are only allowed in the Rural Residential District by Conditional Use Permit for properties of a minimum size of twenty acres There are also 75 ft setback requirements for structures fiom residential property lines Assuming that the Rural Residential District continues to develop for rural residential use, the day will come when there are very few 20 acre parcels available, thus making it almost impossible to get a CUP for a kennel The proposed animal ordinance work includes provisions for commercial and residential kennels However, in the mean time staff feels that the current language in the zoning ordinance should either reflect the City Code, or be repealed altogether An option short of repealing all animal related language from the zoning ordinance would be to expand the definitions and references towards kennels wherever applicable in the zoning ordinance Copies of the proposed definitions for residential and commercial kennels are attached RECOMMENDED ACTION: Intended for discussion and direction only. COUNCIL ACTION: Staff recommendations for kennel issues: NO KENNEL LICENSE For residential use properties a combination of three (3) dogs, cats, or ferrets may be kept with no kennel permit required RESIDENTIAL KENNEL "Residential Kennel' shall mean a place where more than three (3) dogs, cats, or ferrets over six (6) months of age are kept on premises that are zoned and occupied for residential purposes, and where the keeping of such animals is incidental to the occupancy of the premises for residential purposes A fresh litter may be kept for a period of three (3) months before such keeping shall be deemed to be a "kennel" Residential Kennels may not have more than 5 dogs, cats, or ferrets in combination Residential kennels are allowed in all areas zoned residential COMMERCIAL KENNEL "Commercial Kennel' shall mean a place where more than three (3) dogs, cats, or ferrets over six (6) months of age are kept, and where the business of selling, boarding, breeding, showing, treating or grooming such animals is conducted Commercial kennels must house all animals indoors between the hours of Sunset and Sunrise Commercial kennels are allowed in all districts zoned commercial No conditional use permits will be granted for kennels as a CUP goes with the land and would be extended to any new owner The twenty (20) acre stipulation in the Zoning Ordinance for kennels should be repealed By limiting the number of animals, establishing definitions and allowed areas for various types of kennels, and utilizing the ability of Council to approve or revoke kemiel permits through City Code procedures outlined in the proposed animal ordinance revisions the ability to avoid problematic situations and resolve them when they arise would be enhanced It is believed that the current pace of development will soon reduce the number of twenty -acre parcels dramatically Ordinances that require a certain size, zoning district, or otherwise severely limit the access to parcels that comply have been struck down in the courts And example of such a situation would be some cities attempts at zoning adult oriented businesses in such a way that no, or few, conforming sites exist Kennel Survey June 2002 Or Sale OTC I Lour N r Nlaxxmw.. oi� v videntral Business m selling, treating' or No 3+ showing, Breeding, goardmg, xincipal grooming or or pen ned areas outside 1,40 outside runs buildm set to sunrise Co business districts, in side sun. 1Q gnclosed building w'ithdog 4+ Enclosed ox fenced to confine dogs Unclear if separate res License 4+ Mentions Co e reial, didn't see definition 4+ re ated for selling boa 3 3 6 t confined or Gong g rooming 3+ 5 Kep training treating ox g breeding Rural Distract g ecial Use Permit 6+ do s k 5 6+ D x( litres K Nt, kep Boarded Zoned sale, or