HomeMy Public PortalAbout1989-86Member
adoption:
introduced the following resolution and moved its
CITY OF MEDINA
RESOLUTION NO. 87- /4
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO
JOHN MENARD
WHEREAS, John Menard (Applicant) has applied for a conditional use permit
to operate a dog kennel at 4175 Chippewa Road; and
WHEREAS, the proposed kennel is located on property currently owned by
Gladys Schlosser, who has consented to this application; and
WHEREAS, the City's zoning ordinance requires a conditional use permit
under such circumstances; and
WHEREAS, this matter has been reviewed by the planning commission on
November 14, 1989, and by the City Council on December 5, 1989; and
WHEREAS, it has been determined that the proposed dog kennel will not
impede the orderly development of adjacent properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Medina, Minnesota that a conditional use permit be granted to the Applicant for
the stated purpose, subject to the following terms and conditions:
1. The kennel is for the Applicant's personal use. The Applicant may sell
puppies bred at the facility but, he may not board dogs owned by others or
sell puppies bred elsewhere;
2. The maximum number of dogs over six months of age to be kept on the
property shall be 15. Any number of puppies under the age of six months
may be kept on the property provided they are the offspring of dogs legally
on the property. All dogs shall be either Irish setters or golden retrievers;
3. The kennel facility shall be located no closer to any property line than 150
feet and shall be designed to minimize the noise of barking dogs. There
shall be 12 runs, each approximately 12' x 6' x 6', and the facility shall
conform to the plans submitted to the City by the Applicant. The facility
shall include an eight foot stockade fence around the kennel and solid
concrete floors on the dog runs;
4. The Applicant shall maintain accurate records according to the AKS
requirements regarding the date, number, sire and dam of each litter
whelped or maintained on the property and shall make such records available
for inspection at reasonable times by city staff;
5. Hours of operation shall be limited to 8 a.m. to 9 p.m., seven days per week;
6. All animal waste material shall be disposed of in accordance with Medina
ordinances and the rules and regulations of the Minnesota pollution control
agency. Any container for solid waste disposal shall be located within the
property lines of Medina and shall be screened with a six foot opaque fence;
7. The Applicant shall take immediate and appropriate action to abate any
nuisance caused by barking dogs on the property. Such action shall include
taking all steps necessary to reduce outside stimuli for the dogs. For this
purpose a nuisance shall include, but not be limited to, ten (10) minutes of
continuous barking;
8. No dogs shall be sold or used for experimental purposes;
9. The Applicant shall submit an accurate site plan acceptable to the zoning
administrator which shows all structures, fences and dog runs on the
property. At the time of construction, the Applicant shall also submit a
survey of the property showing all proposed and existing structures;
10. The Applicant shall maintain all dogs in accordance with the standards of
the Minnesota purebred dog breeders association;
11. The gainery on the property shall be removed before June 1, 1990;
12. The City shall conduct an annual review of the property to ensure continued
compliance with the terms of this conditional use permit;
13. No more than five dogs shall be on the property until the new structures and
facilities hereby authorized have been constructed;
14. This conditional use permit shall lapse and shall be null and void if the
Applicant ceases for a period of twelve (12) months or longer to make use of
the property for the purposes authorized by this conditional use permit;
15. The terms of this conditional use permit shall be valid so long as the land
uses on surrounding properties remain the same. If there is any change in
the land uses of surrounding properties, the City reserves the right to
modify these terms to protect the health, safety and welfare of its citizens
and of persons residing nearby in Loretto;
16. The Applicant shall pay to the City a fee in the amount determined by the
staff to represent the actual cost to the City of reviewing this conditional
use permit application; and
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17. Violation of any term or condition of this conditional use permit or any
relevant portion of the Medina city code shall be grounds for revocation of
this conditional use permit.
Dated: , 1989.
d Scherer, "cuing Mayor
ATTEST:
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Donna Roehl, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by
member ,:';`,, and upon vote being taken thereon, the following voted
in favor thereof:
/1 L / c (� m l S -e- .r / /l to e
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
ME230-RES
Seri - Qvlce_ rn
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