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8.b)1) Resolution 02-16-16-02 Booth IUP and VarianceI C" 0 1;1'10 1 A The right time. The right people. The right company MEMORANDUM To: Scandia City Council Neil Soltis, Administrator Copies To: Brenda Eklund, Clerk Lee and Barbara Booth, Applicants From: Sherri Buss, RLA AICP, Planner Date: February 3, 2016 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651)292-4400 (651)292-0083 Fax www.tkda.com Reference: Booth Commercial Kennel IUP and Variance Pro j . No.: 16022.003 Routing: SUBJECT: Booth Interim Use Permit (IUP) and Variance for a Commercial Kennel MEETING DATE: February 16, 2016 LOCATION: 16080 Scandia Trail North Scandia, Minnesota APPLICANT: Lee and Barbara Booth ZONING: General Rural (GR) District 60-DAY PERIOD: March 11, 2016 ITEMS REVIEWED: Application and materials received January 8, 2016 BRIEF DESCRIPTION OF THE REQUEST: The applicants are requesting an Interim Use Permit (IUP) for a Commercial Kennel located at 16080 Scandia Trail North. The proposed use also requires a variance from the required setback between the proposed use and the existing well. The subject property is located in the General Rural (GR) Zoning District, and includes 9.52 acres. BACKGROUND: In December, 2015, the City received a complaint that there appeared to be too many dogs living at 16080 Scandia Trail North. The City followed up on the complaint, and verified that there were 20 dogs living at the property. The family recently inherited a large number of dogs when a relative died. The City met with the property owners and the Animal Humane Society about the animals. The Animal Humane Society officer concluded that the conditions in the home needed some improvement, but did not An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Booth Commercial Kennel IUP and Variance Page 2 February 16, 2016 Scandia City Council warrant removing the dogs from the home. He provided information to the owners regarding how to obtain a State of Minnesota license for a kennel. The City also provided information to the Booths about the requirements and process to obtain a Commercial Kennel Interim Use Permit, and the city received the IUP application on January 8. The owners state in the application that they are working to comply with state regulations that permit up to 9 intact dogs (male and female dogs capable of breeding) and having 5 litters or less in a year. If they stay within those thresholds, the State will not require the applicants to obtain a State commercial kennel license. However, the number of dogs proposed and activities that include breeding and sale of animals do require a City IUP to operate a Commercial Kennel. The Planner has included a proposed condition for the IUP that the applicants shall comply with State regulations for kennels, and shall obtain and maintain any required State and Local licenses for the animals and the Commercial Kennel. The owners report that at the time of the application for the IUP, they had 20 adult Yorkshire terriers in the home-8 males (1 neutered and 7 intact), 12 females (4 spayed and 8 intact) and 1 spayed female cat. They indicated that they intend to comply with the state limits of 9 or less intact dogs through spaying and neutering some of the animals, and plan to have reached that goal by February 2. Applicants' Request for Commercial Kennel The applicants request that they be permitted to have up to 20 adult dogs over 6 months of age (9 "intact" dogs), 1 altered adult cat, and up to 5 litters of puppies each year. The number would permit them to care for some "special needs" dogs and care for the animals currently living in the home to the end of their lives. They report that they have 7 "special needs" dogs, ranging in age from 11-1 /2 years to 1-1 /2 years of age. The owners indicated that they have been involved in raising and breeding Yorkshire Terriers for over 15 years. They have only Yorkshire Terriers. The dogs are all "house" dogs, and live on the main floor of the home. There are no outdoor runs or accessory buildings that house the dogs, and the applicants have proposed no new facilities. The dogs utilize a fenced deck attached to the home for outside time, with 3-4 dogs using the deck at a time. The dogs sleep in the home. The applicants use washable potty pads for the animal waste. Solid waste is currently placed in the trash with the approval of the trash hauler. The pads are washed in the home washing machine. The applicants indicate that if needed, they could use disposable pads if the septic system is not adequate to handle the washing. 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 applicants propose to breed and sell Yorkshire terriers, 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: Booth Commercial Kennel IUP and Variance Page 3 February 16, 2016 Scandia City Council 1) The minimum lot area required for Commercial Kennels is 10 acres 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. GENERAL CRITERIA FOR GRANTING AN IUP 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 Impact of the proposed use on the health, safety and general welfare of the occupants of surrounding lands o Existing and anticipated traffic conditions, including parking facilities, and impacts o Effect of the proposed use on utility and school capacities o Effect of the proposed use on property values and scenic views o Relationship to the Comprehensive Plan o Ability of the proposed use to meet the standards of the Development Code o Effect of the proposed use on groundwater, surface waters and air quality 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: L 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 9.52 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 owners 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 Booth Commercial Kennel IUP and Variance Page 4 February 16, 2016 Scandia City Council (and many other cities) have a provision for Administrative Exceptions in the code to address situations 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 applicants applied to the City for an Administrative Exception to the required lot size for a Commercial Kennel. The existing parcel is approximately 95% of the size of a 10-acre parcel. The City Administrator granted the exception on January 8. Based on that approval, the parcel meets the minimum lot size required for a Commercial Kennel. Facilities and Setbacks The applicants proposed that the animals will be housed within the primary structure and within a fenced area on the deck attached to the structure. The house and deck (not including the attached garage) are setback approximately 105 feet from the nearest property boundary to the east, 160 feet from the west boundary, 173 feet from Scandia Trail, and over 1000 feet from the rear property boundary. If the animals are confined within the home and on the deck, the kennel will meet the setback requirements from the property boundaries. 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 on the fenced deck (excluding the attached garage and other accessory buildings). City staff provided an aerial photo that shows the well location. The applicants stated that the well is approximately 10 feet from the garage. The existing well does not meet the 50-foot setback requirement for separation between the kennel and well, and therefore requires a variance. The variance analysis is included in this staff report. Wastewater Treatment and Septic System The application states that the applicants use washable potty pads for the animal waste. Solid waste is currently placed in the trash with the approval of the trash hauler. The pads are washed in the home washing machine. The applicants indicate that if needed, they could use disposable pads to comply with the limits of the septic system. The Planner contacted Pete Ganzel, Washington County Health Department, to request that Pete evaluate the adequacy of the existing septic system to handle the Kennel waste, and to provide recommended conditions for waste handling for the proposed use. Pete's comments included: "Looking at the permit from 1983, the system appears to be reasonably -sized (1,250 gallon tank and 1200 square feet of drain field) for a four bedroom home. "I'm guessing, but likely they will have a separate laundry for the dog pads, and this is where the extra water and waste strength will come from. I'm assuming, too, that solids will be either taken off -site or composted? (This may need to be clarified in the CUP or management plan.) So the existing system maybe adequate depending on how many people are in the house. 10 small dogs may be equivalent to two or three people in water use or waste strength. So that leaves maybe three or four persons for the "People" side of the system capacity. Nitrogen concentration will be Booth Commercial Kennel IUP and Variance Page 5 February 16, 2016 Scandia City Council higher though than normal domestic waste, but the requirement for nitrogen reduction does not kick in until you reach 2500 gallons. You may require a compliance inspection (not strictly required under Section 8.12 [of the Subsurface Septic System Treatment ordinance], but "when deemed necessary," and the compliance inspector can make some determination of adequacy if found to be compliant. I recommend that the solids be taken off site if acceptable to the waste hauler." Based on the County staff comments, the Planner has recommended the following conditions related to waste treatment for the Commercial Kennel: All solid waste materials from the animals shall be disposed off -site and comply with the licensed waste hauler requirements for disposal. 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, and shall follow the actions that the County requires as a result of the inspection. The applicants shall provide a copy of the results of the compliance inspection to the City. The Commercial Kennel shall house a maximum of 20 adult Yorkshire terriers in the home. The Commercial Kennel shall have no more than 5 litters of dons Der vear. 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 of the Comprehensive Plan, to 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. Public Service Demands The proposed use will not impose additional costs for public infrastructure or public services. Booth Commercial Kennel IUP and Variance Page 6 February 16, 2016 Scandia City Council 3. Evaluation Based on General Criteria for Granting a CUP The criteria for granting a CUP are identified in bold text: Impact of the proposed use on the health, safety and general welfare of the occupants of surrounding lands 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 deck 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 potential impacts of the Commercial Kennel. (The conditions were recommended by a City Attorney in another community as typical conditions for a 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 City may inspect the Commercial Kennel annually to evaluate compliance with the IUP conditions, or more frequently if there is evidence of noncompliance. Existing and anticipated traffic conditions, including parking facilities, and impacts The proposed use is not expected to generate significant traffic. Parking will need to be contained on the property to meet ordinance requirements. Effect of the proposed use on utility and school capacities The use will not impact public utilities or school capacities. Effect of the proposed use on property values and scenic views The Commercial Kennel has the potential to affect 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 permit conditions and city ordinances should avoid or minimize potential impacts to neighbors. Booth Commercial Kennel IUP and Variance Page 7 February 16, 2016 Scandia City Council Ability of the proposed use to meet the standards of the 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 boundary setbacks. The use requires a variance from the required setback for the well. The variance analysis is provided, below. The Planner has included proposed conditions for the IUP that would require that the use comply with the standards in the Development Code. Effect of the proposed use on groundwater, surface waters and air quality The proposed use could impact ground waters through impacts to the existing septic system or well. The Planner has included conditions to address potential impacts and require a County compliance evaluation of the current system and proposed use. The variance from the well setback requires that all Commercial Kennel activities be conducted within the home and on the fenced deck, to protect the existing well from potential contamination. The project will not create new impervious surface or have other impacts to surface waters or air quality. Sign age The applicants have not proposed any signage for the use. A sign for this use would require a Conditional Use Permit if not proposed and approved as part of the IUP. 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 granting the IUP indicate that with the proposed conditions and approval of the variance, the proposed use meets the City's requirements and an IUP with conditions may be granted for the proposed use. CRITERIA FOR VARIANCES AND FINDINGS Chapter 1, Section 6.0 of the Development Code and Minnesota Statutes 462.357 include the criteria and required process for granting variance requests. Variances may only be granted when the terms of the variance are consistent with the Comprehensive Plan and in harmony with the general purpose and intent of the development code. The other variance criteria include: 1. The applicant proposes to use the property in a reasonable manner not permitted by the Development Code. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic conditions alone shall not constitute practical difficulties. Booth Commercial Kennel IUP and Variance Page 8 February 16, 2016 Scandia City Council 5. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 6. The required variance is the minimum action required to eliminate the practical difficulty. 7. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Need for the Variance and Performance Standards The Development Code requires that Commercial Kennels be setback at least 50 feet from existing or proposed wells. The performance standards include an exception for kennels that are accessory to veterinary clinics if "the kennel accessory to a veterinary clinic shall be enclosed completely within the principal structure." The applicants for this Commercial Kennel propose that the kennel be enclosed completely within the existing house and fenced deck attached to the house. The proposed condition is similar to the exception granted for veterinary clinics. The request is analyzed below based on the criteria for granting a variance. Findings Planner Analysis Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control. 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. The setback is required for kennels with outdoor runs and/or separate structures that house the animals because the waste may seep into the soil and could contaminate the well. The applicants have proposed and the conditions for the IUP require that all kennel activities will be confined to the existing home and attached, fenced deck. The situation will be similar to the veterinary clinics that are granted an exception in the ordinance, and should provide the same degree of protection for the existing well. The proposed variance is in harmony with the general purposes and intent of the official control. The conditions require that if a new well is added to the property, it shall meet the setback requirement in the Development Code. The property owner proposes to use the property in a reasonable manner under the conditions allowed by official control(s). Commercial Kennels are permitted in the General Rural District, and therefore the proposed use is a reasonable use based on the official controls. The practical difficulties are not caused by the landowner, and are unique to the property. Booth Commercial Kennel IUP and Variance Page 9 February 16, 2016 Scandia City Council The location of the existing well was determined prior to consideration of adding the Commercial Kennel use to the property. The well location meets the setback requirements for a residential use. The practical difficulties are related to the existing well location and proposal for a new use on the parcel, which is unique to the property. The variance would not alter the essential character of the area. The proposed Commercial Kennel use will be conducted within the existing house and fenced deck. The proposed use meets the setback requirements from other properties, and will not be visible from the roadway or adjacent properties. The location should limit potential impacts to adjacent properties. Granting the variance would not alter the essential character of the area. Economic conditions alone shall not constitute practical difficulties. The practical difficulties are the result of the location of the existing well. The practical difficulties are not only economic in nature. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The proposed variance will not impair the supply of light or air to adjacent properties, and with the conditions required for the variance that require that all Commercial Kennel activities 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. The required variance is the minimum action required to eliminate the practical difficulty. The variance requires that the Commercial Kennel activities be located within the existing house and fenced deck to protect the well from contamination. Any new wells on the parcel shall comply with the setback requirements from the Commercial Kennel. The proposed variance is the minimum action required to eliminate the practical difficulty. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The variance is not related to a need for direct sunlight for solar energy systems. The findings support granting a variance from the required setback for the well. PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATIONS The Planning Commission held a public hearing on the Booth's request at its regular meeting on February 2, 2016. Several residents submitted comments in writing and verbally at the meeting. The comments expressed concerns about issues such as waste management, the number of animals on the site, animal care, Booth Commercial Kennel IUP and Variance Page 10 Scandia City Council February 16, 2016 and included comments from neighbors supporting the request for the Commercial Kennel permit. The Booths provided additional information and responded to questions about their request. The Commission discussed the application at length. Key issues discussed included: required state permits and requirements, issues related to the well location and variance, waste management, and the need and process for inspection of the site. The Commission modified the conditions for approval based on the discussion, and recommended approval of the lUP and Variance for the Commercial Kennel. ACTION REQUESTED: The City Council can take the following actions for this request: 1. Approve the request. 2. Approve the request with conditions. 3. Deny the request with findings. 4. Table the request. PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends that the City Council approve an Interim Use Permit for a Commercial Kennel on the parcel located at 16080 Scandia Trail North and approve a variance to permit the Commercial Kennel to be located approximately 20 feet from the existing well. The Commission 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 on the fenced deck (excluding the attached garage and other accessory buildings). The dogs may be outside the home for brief periods of time in the front yard or other locations that are a minimum of fifty (50) feet from the well. 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 waste management. 3. If a new well is added to the property in the future, the new well shall comply with the required fifty (50)-foot setback from the Commercial Kennel. 4. 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. 5. The Commercial Kennel may house up to twenty (20) adult Yorkshire terriers over six (6) months of age (up to nine [9] "intact" dogs) and up to five (5) litters of puppies per year. The maximum number Booth Commercial Kennel IUP and Variance Pagel l Scandia City Council February 16, 2016 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. 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 city may inspect the Commercial Kennel annually to evaluate compliance with the IUP conditions, or more frequently if there is evidence of noncompliance. The applicants shall pay for the cost of inspections if required by the City. 10. 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 (1) year. 11. The applicants shall pay all fees and escrows associated with the review of this application. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 02-16-16-02 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 CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve 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. Resolution No. 02-16-16- Page 2 of 4 4. The use includes conditions to address the anticipated traffic conditions and provides adequate parking to meet City requirements. 5. The proposed use 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 use 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. The Commercial Kennel activities will be largely confined within the home and on the deck, with occasional brief use of the yard permitted in locations at least 50 feet from the well. Findings for Variance approval 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. The conditions permit occasional brief use of the yard in locations at least 50 feet from the well. 7. The variance requires that the Commercial Kennel activities be located within the existing house and fenced deck to protect the well from contamination. The conditions permit occasional brief use of outdoor areas, but require that the outdoor activities occur Resolution No. 02-16-16- Page 3 of 4 at least 50 feet from the well. 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. 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: 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). The dogs may be outside the home for brief periods of time in the front yard or other locations that are a minimum of fifty (50) feet from the well. 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 waste management. 3. If a new well is added to the property in the future, the new well shall comply with the required fifty (50)-foot setback from the Commercial Kennel. 4. 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. 5. The Commercial Kennel may house up to twenty (20) adult Yorkshire terriers over six (6) months of age (up to nine [9] "intact" dogs) and up to five (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. 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. Resolution No. 02-16-16- Page 4 of 4 9. The city may inspect the Commercial Kennel annually to evaluate compliance with the ]UP conditions, or more frequently if there is evidence of noncompliance. The applicants shall pay for the cost of inspections if required by the City. 10. 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 (1) year. 11. The applicants shall pay all fees and escrows associated with the review of this application. Adopted by the Scandia City Council this 16th day of February, 2016. Randall Simonson, Mayor ATTEST: Neil Soltis, Administrator/ Clerk