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HomeMy Public PortalAbout2011-097 Resolution Approving Waiver from Regulations Related to Keeping Animals as PetsMember Weir introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2011-97 RESOLUTION APPROVING A WAIVER FROM REGULATIONS RELATED TO THE KEEPING OF ANIMALS AS PETS AND GRANTING A PRIVATE KENNEL LICENSE TO BRUCE AND JEAN NEUMANN AT 25 HAMEL ROAD WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Bruce and Jean Neumann (the "Applicants") own certain property located at 25 Hamel Road (the "Property") in the City; and WHEREAS, the Property is approximately one-half acre in area and City regulations limit the keeping of dogs on property under eight acres to a maximum of four dogs through a private kennel license; and WHEREAS, the City Council is authorized to grant a waiver from the limitation of keeping no more than four dogs on the Property upon a showing by the Applicants of good cause; and WHEREAS, the Applicants have requested a waiver from the limitations on the number of dogs allowed in order to keep twelve dogs on the Property; and WHEREAS, on November 1, 2011, following notice required by City regulations, the City Council reviewed the requested waiver and heard from the Applicants and other interested parties; and WHEREAS, the City Council has determined that limiting the number of dogs on the Property to fewer than twelve is necessary to protect the health, safety and welfare of the public and the animals; and WHEREAS, the City Council has determined that the Applicants have shown good cause to allow up to six dogs to be kept on the Property and that strict adherence to the limitation of four dogs on the Property is not necessary to protect the health, safety, or welfare of the public or of the animals because of the following factors: 1. The dogs proposed to be kept on the Property are very small; and 2. Some of the dogs proposed to be kept on the Property rarely, if ever, are outside of the home. NOW, THEREFORE BE IT RESOLVED, by the city council of the City of Medina, Minnesota that a waiver from the limitation on the number of dogs allowed on the Property is Resolution No. 2011-97 November 15, 2011 hereby approved and a private kennel license is hereby granted subject to the following terms and conditions: 1) The number of dogs on the property shall not exceed six, and no dog kept on the Property shall exceed 15 pounds in weight. 2) The Property shall be kept in sanitary conditions and the applicant shall pick up all animal waste at least one time per week. 3) The dogs shall be kept as pets and no selling of puppies or other commercial activities related to the dogs shall occur. 4) The Applicants shall ensure that sustained barking does not occur which the Police determine may impact neighboring properties. 5) Dogs shall not be allowed outside between the hours of 9 p.m. and 7 a.m. unless accompanied by a person. 6) The Applicants shall ensure that dogs are not allowed to run at -large. The Applicants shall maintain fencing sufficient to ensure the dogs are contained on the Property. 7) The Applicants shall consent to the City inspecting the property to review compliance with these conditions and other relevant regulations related to the keeping of animals. 8) This license shall be valid only for the Applicants named and only on the Property identified. At such time that neither Applicant resides at the property, the license shall be revoked. 9) The Applicants shall consent to inspection of the Property by the City at any reasonable time in order to verify compliance with the terms and conditions contained herein. 10) This license may be revoked if the City Council determines that the Applicants are in violation of the aforementioned conditions or otherwise determines that the operation of the private kennel constitutes a public nuisance. Dated: November 15, 2011. ATTEST: By: � "� Scott T. Johnson, City Administrator -Clerk By: J T. M. Crosby, Jr., Ma or 147( The motion for the adoption of the foregoing resolution was duly seconded by member Pederson and upon vote being taken thereon, the following voted in favor thereof: Resolution No. 2011-97 2 November 15, 2011 Crosby, Martinson, Pederson, Siitari, Weir And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2011-97 3 November 15, 2011