06.01 - Req for Appeal-Dog Boarding-Public Hearing

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private. Failure on the part of the owner to prevent his /her dog from committing an act of nuisance shall be subject to the penalties hereinafter provided. Section 9 -2.12. KENNELS No person may maintain a kennel in the City of Pequot Lakes for dogs without securing a license from the City therefore and paying a fee to the City, to be set by the City Council by ordinance annually. Such license shall be in addition to the kennel license as prescribed in Minnesota Statutes, Sections 347.32 to 347.40. The definition of "kennel" set forth in Minnesota Statutes, Section 347.31, Subdivision 2, is hereby adopted by reference, the same as if it set forth in its entirety herein. Comment: Storage building modifications for the proposed kennel were in progress prior to the June CUP public hearing and continued thereafter the June rejection. To proceed with construction under a rejected CUP is an inconsistent and financially risky practice. Under what building or related permits) were these modifications approved under and what was the description of work? Please provide a copy of a related permits Does the applicant have a license from the Board of Animal Health? If so. what is the legal description of the kennel location and does the applicant meet the balance of MN Statutes 347.01 -31? Section 9 -2.14. PENALTY FOR VIOLATION 1. Any person who is found to be in violation of this Article shall be guilty of a petty misdemeanor. 2. Any person who harbors a dangerous dog or potentially dangerous dog in violation to the provisions of this Article shall be guilty of a misdemeanor. Section 9 -4.10. COUNCIL DISCRETION TO GRANT OR DENYA LICENSE The Council in its sound discretion may either grant or deny the application for any license or for the transfer or renewal of any license. No applicant has a right to a license under this Chapter. Comment: As identified at the July 15th P &Z meeting, P &Z indicated in this meeting that ordinances are in place enforce noise nuisances. Information submitted by those opposed to the kennel included evidence that dog barking will exceed the allowable thresholds (and potentially durations) identified in the Ordinance. The Code indicates that it cannot permit a use that will knowingly cause disturbance or nuisance. Relying on enforcement and the residents of Breezy Pines to manage and monitor what will inevitably be an uncontrollable violation is not appropriate and is inconsistent with the intent of the Code. CHAPTER 17 — LAND USE (ZONING) AND SUBDIVISION REGULATIONS ARTICLE 2. INTENT AND PURPOSE This section of the City Code was established pursuant to the authority granted by Minnesota Statutes, in particular the Municipal Planning Act, Minnesota Statutes 1983 Sections 462.351 to 461.364, the Municipal Shoreland Act, Minnesota Statutes 1973 Section 379, Minnesota Statutes 1980 Sections 462.351 to 462.364, The Land Subdivision and Condominiums Acts, Chapters 462, 505, 51S, 515A and 5158 and policies in Minnesota Statutes, Section 105,115 and 116, and any amendments thereto. Comment: MN Statute Section 462.351 identifies the obligations of the buyer, seller and CihLto disclose subdivision's regulations that have been filed and properly recorded. Page 3 of 20