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6. Report on Nielsen Wilkie Commercial Kennel Interim Use Permit444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651) 292-4400 (651) 292-0083 Fax www.tkda.com MEMORANDUM To: Scandia Planning Commission Reference: Nielsen Wilkie Commercial Kennel Interim Use Permit (IUP) Copies To: Neil Soltis, Administrator Brenda Eklund, Clerk Patricia A. Nielsen Wilkie, applicant From: Sherri Buss, RLA AICP, Planner Proj. No.: 16322.007 Date: November 6, 2017 Routing: SUBJECT: Nielsen Wilkie Interim Use Permit (IUP) for a Commercial Kennel MEETING DATE: November 14, 2017 LOCATION: 21775 Manning Trail North Scandia, Minnesota APPLICANT: Patricia A. Nielsen Wilkie ZONING: General Rural (GR) District and Shoreland Overlay District REVIEW PERIOD: December 31, 2017 (Extended per applicant request to permit site visits) ITEMS REVIEWED: Application and materials received May 15, 2017; application incomplete until completion of site inspection and report by a local veterinarian and deputy on October 20, 2017. BRIEF DESCRIPTION OF THE REQUEST: The applicant is requesting an Interim Use Permit (IUP) for a Commercial Kennel located at 21775 Manning Trail North. The subject property is located in the General Rural (GR) Zoning District and Shoreland Overlay District of German Lake, and includes 9.7 acres. Commercial Kennels are places where 4 or more dogs over 6 months of age are boarded, bred, trained, or offered for sale. BACKGROUND: The City recently received a report about the number of dogs living at 21775 Manning Trail North. The City Administrator and Sheriff’s deputy followed up on the report, and verified that the number of dogs and breeding activities require that the owner obtain an IUP for a Commercial Kennel to permit more than 4 adult dogs to live and be bred, trained and offered for sale on the property. Nielsen Wilkie Kennel IUP and Variance Page 2 November 14, 2017 Scandia Planning Commission The owner stated in the application that the Shetland Sheepdogs (Shelties) at the property are mainly pets, and they are used for occasional breeding as well. She has had dogs on the property for 50 years and has bred and shown the dogs during those years. She noted that the dogs live in the house and run in a large fenced yard area three times per day. There are no separate kennel buildings. She stated that the house and yard are screened from neighboring properties by existing trees. The sketch plan of the property is attached and shows the fenced yard area in relation to the house, well, septic tank, and German Lake. The applicant reported that she had 35 adult dogs at the time of the application for the IUP (May 2017), and that the number has been similar in the past. The local veterinarian and deputy who visited the property on October 20 reported that there were 37 dogs and 2 cats on the property. The applicant has requested that she be permitted to have up to 40 dogs in the IUP. The applicant said that she mainly shelters, trains, and finds homes for dogs, and does occasional breeding. She anticipates a maximum of 2 litters of puppies each year when the dogs are bred (though no breeding occurs during many years), and the average Sheltie litter includes 4 puppies. She requests that the number of dogs be slightly higher than the current number because her contracts with new owners permit them to return dogs if the new homes do not work for the dogs or owners. The request to have 40 dogs on the property that are bred, boarded and sold requires a City IUP for a Commercial Kennel, but does not meet the threshold for a State of Minnesota license for a Commercial Kennel. Site Visits Findings City staff requested that a local veterinarian and the Sheriff’s deputy visit the proposed kennel site and complete a report about the conditions at the site. They completed separate visits on October 20, 2017. They used criteria that the Minnesota Board of Animal Health uses for inspections of commercial dog or cat facilities. The letters and completed form for the visits are attached to this staff report. In general, the inspections found that the conditions for the animals currently living at the property are adequate for their health and well-being. The deputy noted that the conditions have improved since a visit he completed earlier in the summer. Dr. Tom Randall noted that he has been caring for the applicant’s pets for over 10 years, and that he believes that they have received appropriate care, and that he has not treated her animals for any problems caused by neglect or abuse. DEVELOPMENT CODE CRITERIA FOR A COMMERCIAL KENNEL IUP Scandia’s Development Code defines Commercial Kennels as “any place where 4 or more dogs over 6 months of age are boarded, bred, trained, or offered for sale.” Private kennels are defined as “any place where 4 or more dogs over 6 months of age are owned by any member of the household.” The applicant proposes to breed, train and sell Shelties, and have more than 4 adult animals, and therefore the use that is proposed is classified as a Commercial Kennel. The Development Code has several performance standards for Commercial Kennels: 1) The minimum lot area required for Commercial Kennels is 10 acres Nielsen Wilkie Kennel IUP and Variance Page 3 November 14, 2017 Scandia Planning Commission 2) The confinement care or breeding of animals shall be within an enclosed structure and shall be setback a minimum of 100 feet from any property line and 50 feet from any water supply well. 3) An individual sewage treatment system shall be installed with the capacity to handle waste and hosings from the kennel and kennel runs. 4) The above standards may be waived for kennels accessory to a veterinary clinic. A kennel accessory to a veterinary clinic shall be enclosed completely within the principal structure. Commercial Kennels must also meet the requirements for all IUP’s included in the Development Code. The City’s Development Code identifies the general criteria that should be considered for evaluating an IUP request and granting this permit. The Code indicates that the criteria that the Planning Commision shall consider include the following:  The proposed use shall meet the applicable standards for a conditional use permit included in the Development Code, which include: o In compliance with and not have a negative impact on the Comprehensive Plan, including public facilities plan and capital improvement plans. o The use will promote the general welfare and not be detrimental to or endanger the public health, safety, morals, or comfort. o No negative effect of the proposed use on property values and scenic views o Will not impede development and improvements of surrounding properties and uses. o Adequate public facilities are available for the use o Ability of the proposed use to meet the standards of the Development Code o Complies with general and specific performance standards for the use  The use is allowed as an interim use in the respective zoning district  The date or event that will terminate the use can be identified with certainty  The use will not impose additional unreasonable costs on the public  The user agrees to any conditions that the City Council deems appropriate for permission of the use DETAILED EVALUATION OF THE IUP REQUEST: I. Evaluation based on Commercial Kennel Criteria and Development Code Performance Standards Lot Size The minimum lot size required for a Commercial Kennel is 10 acres. The applicants’ parcel is approximately 9.7 acres in size, based on analysis of the plat recorded for the property. Because the property size is slightly less than the minimum allowed in the Code, the owner requested an Administrative Exception to the zoning standard. The Administrative Exception Section of the Code allows the Zoning Administrator to grant the Exception for a single family lot that deviates from a minimum lot requirement by 5% or less, so that the lot may be considered to be in compliance for the purposed of the lot size criteria identified for the Use Standards included in the Code. The Code includes the criteria for granting the Administrative Exception. Scandia (and many other cities) have a provision for Administrative Exceptions in the code to address situations Nielsen Wilkie Kennel IUP and Variance Page 4 November 14, 2017 Scandia Planning Commission where there may have been a surveyor error, a portion of the lot has been acquired for right-of-way, or other issues beyond the control of the landowner that have slightly reduced the lot size. The applicant applied to the City for an Administrative Exception to the required lot size for a Commercial Kennel. The existing parcel is approximately 97% of the size of a 10-acre parcel. The City Administrator granted the exception on October 24. Based on that approval, the parcel meets the minimum lot size required for a Commercial Kennel. Facilities and Setbacks The applicant has proposed that the animals will be housed within the primary structure and within a fenced area near the structure. There is no separate kennel building. The house and fenced area are setback approximately 110 feet from the nearest property boundary to the south, 160 feet from the west boundary, 110 feet from the south boundary of the property, 125’ from the north boundary, and approximately 600 feet from Manning Trail North. The Planner estimated that the outdoor area is approximately 250-300 feet from the edge of the wetlands to the west of German Lake. If the animals are confined within the home and fenced area, the kennel will meet the setback requirements from the property boundaries. The location of the well on the parcel is shown on the applicant’s sketch. The well is 50’ from the front of the home, and approximately 75’ from the closest edge of the outdoor yard area used by the dogs. The location meets the ordinance standard. The Planner included a proposed condition that requires that all activities related to the care, breeding, training, and sale of the dogs shall occur within the existing home and fenced area (excluding the attached garage and other accessory buildings). Wastewater Treatment and Septic System The application states that the puppies use washable potty pads for the animal waste. Adult dogs use the outdoor fenced area. Solid waste is currently placed in an on-site waste digester and composted. The “puppy pads” are placed in the trash and hauled away from the property. The ordinance requirement for a separate septic system for commercial kennels is based on an assumption that the kennel has a separate kennel building and that the concrete floor of the building will be hosed to a drain to a separate septic system. The Nielsen-Wilkie kennel area has no separate building, and waste is not hosed to drain to a septic system. It is similar to a kennel that is housed in a veterinary clinic, with animals housed within the building. A previous Commercial Kennel application (Booth Kennel IUP) included similar physical conditions, with the dogs living mainly in the primary structure and using an outdoor yard area. In that case, the County Health Department staff recommended that any solid wastes from the kennel be taken off-site by the applicant’s waste hauler. Nielsen Wilkie Kennel IUP and Variance Page 5 November 14, 2017 Scandia Planning Commission Based on the kennel layout, County staff recommendations, and the similarity of the applicant’s site use to the Booth site, the Planner has recommended the following conditions related to waste treatment for the Commercial Kennel:  The applicant may use the on-site waste digester to compost solid waste materials. The digester and any composted materials shall be located or placed at least 100 feet from wetlands, German Lake, and the private well on the property. (The 100-foot setback is the same distance required for feedlot setbacks in the Development Code.)  All solid waste materials from the animals that are not processed in the waste digester shall be disposed off-site and comply with the licensed waste hauler requirements for disposal. Maximum number of dogs The Development Code does not specify a maximum number of dogs that may be cared for at Commercial Kennels. The applicant has requested that the City permit up to 40 dogs in the Commercial Kennel. She currently has 37 dogs. The site visits by the Veterinarian and Sheriff’s deputy found that she is managing that number of dogs successfully. The Veterinarian noted that he has been caring for the applicant’s pets for over 10 years, and that he believes that they have received appropriate care, and that he has not treated her animals for any problems caused by neglect or abuse. The City has had no complaints about the property or dogs from the neighbors. Based on the applicant’s history with the use, staff recommend that the IUP permit a maximum of 40 dogs and up to 2 litters of puppies per year at the Commercial Kennel. 2. Evaluation Based on General Criteria for Granting an IUP The criteria for granting an IUP are identified in bold text: Comprehensive Plan Conformance The General Rural (GR) District was established to provide for a wide range of land uses that are able to coexist within a rural setting, including traditional and specialty agriculture, horse and hobby farms, limited raising of animals, market gardening, residential development and institutional use. The request is consistent with the goals and policies of the Comprehensive Plan, that permit limited raising of animals in the GR District. Zoning District The use is an allowed use with an Interim Use Permit in the General Rural District. Period of Permit The Planner has included a proposed condition that the Interim Use shall terminate with a change in ownership of the property, or if the property owner ceases to board, breed, train or offer dogs for sale for one year. Nielsen Wilkie Kennel IUP and Variance Page 6 November 14, 2017 Scandia Planning Commission Public Service Demands The proposed use will not impose additional costs for public infrastructure or public services. 3. Evaluation Based on General Criteria for Granting a CUP The criteria for granting a CUP are identified in bold text: The use must comply with and no negative effect on the Comprehensive Plan, including public facilities and capital improvement plans. As noted above, the proposed use is consistent with policies in the Comprehensive Plan that permit kennel uses in the General Rural District. The proposed use will not require new public facilities or impact the City’s Capital Improvement Plan. The use will not have negative impacts on the health, safety, morals, conduct, and general welfare of the community. The proposed Commercial Kennel use has the potential to impact health, safety and welfare due to the wastes produced by the kennel, potential noise impacts of barking, and potential impacts to neighbors if the animals are not confined to the property. The Planner has included conditions related to waste management, numbers of animals permitted, and confinement of the animals to the home and fenced yard to avoid some of the potential impacts to neighbors. The Planner has also included the proposed conditions that follow to address impacts such as noise and provide for adequate management of the Commercial Kennel.  The size, number, species, facilities for and location of animals kept on the property shall be maintained so as not to constitute a danger or nuisance by means of odor, noise or other issues.  The Kennel shall comply with the City’s noise ordinance and Ordinance 166, regulating dogs.  The person(s) caring for any animals and operating the Commercial Kennel shall be of sufficient age, knowledge, and experience to adequately and safely care for and control the animals.  Facilities for the confinement or care of animals, including the yard and fencing, shall be maintained in good repair.  Facilities for the confinement and care of the animals shall be of sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition or debility, stress or abnormal behavior patterns. Nielsen Wilkie Kennel IUP and Variance Page 7 November 14, 2017 Scandia Planning Commission  The kennel facilities shall be cleaned as often as necessary to prevent contamination of the animals contained therein and to minimize disease hazards and reduce odors.  Animals shall be provided wholesome, palatable food and water free from contamination and of sufficient quantity and nutritive value to maintain all animals in good health.  The City may inspect the Commercial Kennel annually if needed to evaluate compliance with the IUP conditions, or more frequently if there is evidence of noncompliance. The proposed use will not be injurious to the use of other properties in the vicinity or substantially diminish and impair property values or scenic views. The Commercial Kennel has the potential to affect the use of nearby properties if wastes and nuisances such as noise and odors are not managed to confine the impacts of the kennel to the property. The indoor confinement of the animals and adherence to the proposed permit conditions and city ordinances should avoid or minimize potential impacts to neighbors. The property and kennel areas are well-screened by existing trees and buildings, and will not impact scenic views. The proposed use will not impede the development and improvement of surrounding properties for uses that are permitted in the district. The use will not impact the ability of surrounding properties to be developed for the uses permitted by the Development Code. Adequate public services are available or could be provided to accommodate the use. No additional public services are needed to accommodate the Commercial Kennel use on the site. Ability of the proposed use to conform to the regulations of the Zoning District and Development Code. The proposed use is permitted in the GR District with an Interim Use Permit. The Code includes requirements and performance standards for Commercial Kennels. The analysis in this staff report indicates that the proposed kennel complies with standards including lot size and well and boundary setbacks. The Planner has included proposed conditions for the IUP that would require that the use comply with the standards in the Zoning District and Development Code. The use complies with the general and specific performance standards in the Development Code. The Planner has recommended conditions for the proposed kennel. The use will need to comply with the conditions in order to comply with the performance standards in the Development Code for this use. Nielsen Wilkie Kennel IUP and Variance Page 8 November 14, 2017 Scandia Planning Commission Summary of the Evaluation of the IUP Request The evaluation of the proposed use based on the requirements and standards for the Commercial Kennel Use and the IUP indicate that with the proposed conditions, the proposed use meets the City’s requirements and an IUP with conditions may be granted for the proposed use. ACTION REQUESTED: The Planning Commission can recommend the following: 1. Approve the request. 2. Approve the request with conditions. 3. Deny the request with findings. 4. Table the request. PLANNING STAFF RECOMMENDATIONS: The Planner recommends approval of an Interim Use Permit for a Commercial Kennel on the parcel located at 21775 Manning Trail. The Planner recommends the following conditions: 1. All Commercial Kennel activities, including activities related to the care, breeding, training, and sale of dogs shall occur within the existing home and fenced yard area identified on the site sketch. 2. The Commercial Kennel may house up to 40 dogs over 6 months of age, and up to two litters of puppies annually. 3. The applicant may use the on-site waste digester to compost solid waste materials generated by the dogs. The digester and any composted materials shall be located or placed at least 100 feet from wetlands, German Lake, and the private well on the property. 4. All solid waste materials from the animals that are not processed in the waste digester shall be disposed off-site and shall comply with the requirements of the licensed waste hauler for disposal. 5. The size, number, species, facilities for and location of animals kept on the property shall not constitute a danger or nuisance by means of odor, noise or other issues. 6. The Commercial Kennel shall comply with the City’s noise ordinance and Ordinance 166, regulating dogs. 7. The person(s) caring for any animals and operating the Commercial Kennel shall be of sufficient age, knowledge, and experience to adequately and safely care for and control the animals. 8. The facilities for the confinement or care of the animals, including the deck and fencing, shall be maintained in good repair. Nielsen Wilkie Kennel IUP and Variance Page 9 November 14, 2017 Scandia Planning Commission 9. The facilities for the confinement and care of the animals shall be of sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition or debility, stress, or abnormal behavior patterns. 10. The facilities shall be cleaned as often as necessary to prevent contamination of the animals contained therein and to minimize disease hazards and reduce odors. 11. Animals shall be provided wholesome, palatable food and water free from contamination and of sufficient quantity and nutritive value to maintain all animals in good health. 12. The city may inspect the Commercial Kennel annually to evaluate compliance with the IUP conditions, or more frequently if there is evidence of noncompliance. 13. The Commercial Kennel Interim Use shall terminate with a change in ownership of the property, or if the property owner ceases to board, breed, train, or offer dog for sale for one year. 14. The applicants shall pay all fees and escrows associated with this application.