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4a4 PC Resolution BoothIUP 2.2.16CITY OF SCANDIA, MINNESOTA PC RESOLUTION NO. 02-02-16-01 APPROVING AN INTERIM USE PERMIT AND VARIANCE FOR A COMMERCIAL KENNEL WHEREAS, Lee and Barbara Booth, 16080 Scandia Trail North, have made application for an Interim Use Permit to permit a Commercial Kennel on their parcel, and a Variance from the required 50 -foot setback to locate the kennel approximately 20 feet from the existing well at 16080 Scandia Trail North, City of Scandia; and WHEREAS, the property is legally described as follows: W 1/z -W '/2 -NE '/4 -SE '/4 except N 33FT thereof subj to exist hwy & reservations of rec except that portion which lies within trang parcel loc in NE 1/4 -SE 1/4 of SD Sec 13 desc as foll: beg at inters of E line of SD NE 1/4 -SE 1/4& S line of N 33FT of SD NE 1/4 -SE 1/4 thn W along SD S line dist 1282.22FT to W line of SD NE 1/4 -SE 1/4 thn S along SD W line dist of 19 FT M/L to pt beg 33FT S of an inplace stone monument thn E 1282.35 FT to pt of beg Section 13 Townshp 032 Range 020; and The Planning Commission reviewed the request at a duly noticed Public Hearing on February 2, 2016: and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does recommend approval of an Interim Use Permit to permit a Commercial Kennel at 16080 Scandia Trail North, and a Variance to permit the Commercial Kennel to be located approximately 20 feet from the existing well on the property, based on the following findings: Findings for Interim Use Permit approval 1. The proposed Commercial Kennel is consistent with the City's Comprehensive Plan. 2. The proposed use is allowed with an Interim Use Permit in the General Rural District in which it is proposed. 3. With the required conditions, the proposed project will not have negative impacts on the health, safety and general welfare of the occupants of surrounding lands. PC Resolution No. 02-02-16-01: Page 2 of 4 4. The project includes conditions to address the anticipated traffic conditions and provides adequate parking to meet City requirements. 5. The proposed project is not expected to negatively affect public utilities, services and school capacities or increase the demand for public infrastructure or public services. 6. The proposed project is not expected to negatively affect property values and scenic views. 7. The proposed project is not expected to negatively affect groundwater, surface waters and air quality. Findings for Variance approval 1. Granting the variance is in harmony with the general purposes and intent of the Development Code. The Development code permits Commercial Kennels that are part of a veterinary clinic to be exempt from the setback requirement for wells if the kennel is totally enclosed within the primary structure, and those conditions are required for the proposed Commercial Kennel at 16080 Scandia Trail North. 2. The proposed use is permitted in the General Rural District with an Interim Use Permit. 3. The location of the existing well meets the required setback for the Single -Family Residential use, and was located prior to consideration to add the Commercial Kennel use on the parcel. The practical difficulties are related to the location of the existing well and addition of the proposed use, which is unique to the property. 4. Conditions required for approval of the Interim Use Permit and Variance will manage the use so that it would not alter the essential character of the area. 5. The practical difficulties are the result of the existing well location, and are not only economic in nature. 6. The proposed variance will not impair the supply of light or air to adjacent properties, and with the conditions required for the Interim Use Permit and Variance that require all Commercial Kennel activities to be conducted within the existing home and fenced deck, the use will not increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. 7. The variance requires that the Commercial Kennel activities be located within the existing house and fenced deck to protect the well from contamination. It requires that any new wells on the parcel meet the required setback from the Kennel. The proposed variance is the minimum action required to eliminate the practical difficulty. PC Resolution No. 02-02-16-01: Page 3 of 4 8. The variance is not related to a need for direct sunlight for solar energy systems. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. All Commercial Kennel activities, including activities related to the care, breeding, training, and sale of dogs shall occur within the existing home and on the fenced deck (excluding the attached garage and other accessory buildings). 2. The applicants shall comply with State and County regulations for kennels, and shall obtain and maintain any required State and Local licenses for the animals and the Commercial Kennel. The applicants shall comply with the County Health Department recommendations for kennel management. 3. If a new well is added to the property in the future, the new well shall comply with the required 50 -foot setback from the Commercial Kennel. 4. The Commercial Kennel may house up to 20 adult Yorkshire terriers over 6 months of age (up to 9 "intact" dogs) and up to 5 litters of puppies per year. The maximum number of dogs shall be consistent with the findings of a Washington County compliance inspection of the existing septic system and determination of the number of dogs that the septic system can handle. 5. The applicants shall request that Washington County complete a compliance inspection of the existing septic system that meets the requirements of Section 8.12 of Washington County's Subsurface Sewage Treatment System Regulations (Chapter Four of the County Development Code) by April 1, 2016. The applicants shall follow all actions that the County requires as a result of the inspection. The applicants shall provide a copy of the results of the inspection to the City. 6. All solid waste materials from the animals shall be disposed off-site and shall comply with the requirements of the licensed waste hauler for disposal. 7. 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. 8. The Commercial Kennel shall comply with the City's noise ordinance and Ordinance 166, regulating dogs. 9. The property owners shall comply with the Development Code requirements for exterior storage, including: All personal property shall be stored within a building or fully - screened so as not to be visible from adjoining properties and public streets. Recreational vehicles shall be stored in the side or rear yard, and meet all structure setbacks. PC Resolution No. 02-02-16-01: Page 4 of 4 10. 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. 11. The facilities for the confinement or care of the animals, including the deck and fencing, shall be maintained in good repair. 12. 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. 13. 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. 14. 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. 15. The Commercial Kennel owners shall control traffic generated by this use so traffic does not negatively impact adjacent properties. All parking for the use shall be contained on the property. No parking is permitted on public roadways. 16. The city may inspect the Commercial Kennel annually to evaluate compliance with the IUP conditions, or more frequently if there is evidence of noncompliance. 17. 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. 18. The applicants shall pay all fees and escrows associated with this application. Adopted by the Scandia Planning Commission this 2nd day of February, 2016. Christine Maefsky, Chair ATTEST: Neil Soltis, Administrator/ Clerk