06.01 - Req for Appeal-Dog Boarding-Public Hearing

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Excerpt from the July 15, 2010 approved Minutes PUBLIC HEARINGS: APPLICANT: Jeff Garland, L & J Investments Applicant requests a Conditional Use Permit for a Dog Boarding/Daycare Business (Reconsideration) A motion was made by Scott Pederson, seconded by Tom Adams, to reconsider the Conditional Use Permit request for a Dog Boarding/Daycare Business. All members voted "aye ". Motion carried. Mr. Marohn explained that the Planning Commission is taking a second look at the facts and that the Staff Report has not changed and includes the same Findings of Fact and Conditions as last month. The Planning Commission will consider new information. Applicant was present, as well as his attorney, Lonny Thomas. Chairman Woog stated there have been letters received from George Selvestra, Realtor Ken Olson, Harly Simchuck and Deb Brown. All of these letters will be made part of the record. When asked by Chairmen Woog, the applicants have nothing to add. Mr. Thomas stated that his letter had requested reconsideration. When he reviewed the Findings of Fact they were more supportive of approval rather than denial. He reserved comment to the end to `-- hear the comments from the public. The letter sent out includes a dog boarding case. The general rule is that you have 3 kinds of uses: allowed, conditional and prohibited. A conditional use is like an allowed use and would be allowed unless there are some specific findings that can't be fixed by a condition. The letter states primary concerns seem to be potential noise and potential negative impact on property values. Both issues addressed in the case are summarized in his letter. With respect to noise, you need more than just neighbors to say it will be noise. You need to find a basis. This can be more controllable. It can be tied to decibel levels. As for property values, the case summarized real estate and appraiser testimony was not valid enough for CUP denial. The applicant wants to work with the City. Mr. Thomas asked the Planning Commission to look at what is heard and determine if there is actually a problem that can't be controlled with conditions. Public Comment opened: Harly Simchuck, 5730 Lund Road — He lives immediately east of the Garlands property, 45 feet from the property line. He stated he submitted specific evidence in his letter that dog barking exceeds 105 to 118 decibels, which exceeds the 60 decibels allowed. He sent information stating tests are valid. Molly Ring, 30702 Rae Avenue — Stated she has taken her dogs to LaRee since 2002. She is very good with animals. The grooming shop is filled with dogs and there is never a barking issue. There are no feces left outside; she would never leave dogs to bark. She