11.03 - Sept 7, 2010 City Council Minutes

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City Council Minutes September 7, 2010 Page 3 of 13 ------------------------------- Mayor Adams opened the public hearing. The Mayor requested that anyone present address anything new which the Council has not already been made aware of at this time. Kevin Littman, 31177 Eastwood Drive, addressed the Council regarding the appeal. He referred to many of the issues listed in the appeal information submitted to the Council. He especially referred to the following issues: • The purpose of the zoning land use chapter is to protect the people • The City's Comprehensive Plan - purpose is to identify, preserve and enhance resources and quality of life for residents • The definition of rural residential zones • The role of the Planning Commission in relation to Chapter 17 especially reviewing records including covenants of plats • Public Hearing notice requirements — the City should go beyond the minimum 350 foot requirement for mailing of public notices in a rural area • Conditional Use Permit — the use is not necessarily allowable • The conditions of the conditional use permit • Vehicular approach — traffic, turning left on Nagel Road, and passing on the right • Plat covenants - based on the Crow Wing County land use code which does not allow dog kennels • Definition of a home occupation • Nuisance standards • July Planning Commission discussion to exclude dog kennels in rural residential neighborhoods • Lack of permits and licenses • The noise ordinance does not address the daytime noise • Animal boarding facility definition is inconsistent In conclusion Mr. Littman stated that the application is inconsistent with the City's comprehensive plan and city code and that there are preexisting conditions in the covenants. Jeff Garland stated that the information presented seems similar to that presented at the Planning Commission meeting. He also stated that since the last meeting he has decided to fence the whole property with a solid fence. George Sylvestra - 31208 Eastwood Drive - There are many instances in `.. the Code which disagree with having a kennel in a Rural Residential zone.