5. City Code Amendment: Allow Commercial Raising of Fur Bearing Animals, Riding Academies, Commercial Stables and Kennels.r
MEMORANDUM
CITY OF E
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Sharmin Al -Jaff, Planner II
DATE: February 26, 1996
SUBJ: City Code Amendment to the BF, Fringe Business District to allow commercial
raising of fur- bearing animals, operation of riding academies, commercial stables
and kennels, Nancy Lee and Patrick Blood
BACKGROUND
On November 15, 1995, the Planning Commission reviewed an application requesting an
amendment to the zoning ordinance in the BF - Fringe Business District, to allow the
construction of a multi- faceted facility that could provide services for the care of domestic
animals including kennels and stables, "humane society" services, and city /police drop off
availability. The applicant is proposing this change take place by amending the definition of
agriculture to read as follows:
Agriculture means the commercial use of land for raising of livestock and poultry,
growing and producing of fruits, vegetables, field crops and nursery stock, including tree
farms and choose - and -cut Christmas tree sales. The term does not include the
commercial raising of fur- bearing animals, nor the operation of riding academies,
commercial stables or and kennels.
Agriculture is a permitted use in the BF, A2 and RR districts. Changing the definition of
agriculture as requested by the applicant will impact all these districts.
Staff recommended the Planning Commission table action on this request and direct staff to
develop standards to allow commercial raising of fur- bearing animals, operation of riding
academies, ' commercial' stables andkennels °a conditiorratusep imirin =the °BF°'District. 'Wet
recommend these standards be incorporated into Chapter 5, Animals and Fowl.
Don Ashworth, City Manager
February 26, 1996
Page 2
ANALYSIS
Staff has developed standards to allow Commercial Kennels and Stables. Since the applicant
requested a humane society establishment, staff did not develop standards for Riding Academies or
Fur Bearing Animals. These types of uses are not typically associated with humane societies.
We need to point out that since kennels include animal runs, care must be taken in locating them
away from residential areas and providing noise buffers or barriers. The proposed amendments
provide standards to minimize negative impacts on neighboring properties.
PLANNING COMMISSION UPDATE
On February 7, 1996, the Planning Commission reviewed and recommended the City Council
approve the proposed ordinance amendment. A question was raised in regard to the need for such a
facility in Chanhassen. Currently, when an animal is impounded, it is taken to a local vet clinic
until it is claimed by its owner. This facility will provide other options for people who are looking
for a place to board their pets and a second place for the Animal Control Officers to take stray
animals. There were several issues raised at the meeting. These issues are as follows:
A major concern was the recommended 200 foot setback of structures from any residential
structures. Some of the commissioners felt that the recommended setback will not provide
adequate noise buffer. To address this concern, staff explained that proposed amendment Sec. 5-
22. (7) states that "All dogs and cats shall be housed indoors overnight (from 10:00 p.m. to 6:00
a.m.). Further more, Sec. 5 -22. (9) states "Dogs are not allowed to habitually bark in a manner
considered a nuisance as defined by the City Code or Nuisance Ordinance." Also, the 200 foot
setback is a common requirement among other communities.
The second issue raised was in regard to the size of the accessory structure. Staff recommended a
maximum area of 1000 square feet for the accessory structure. The applicant requested the size be
increased since there is a potential for horses to be housed in these accessory structures and a 1000
square feet is too small. The Planning Commission recommended staff review the accessory
structure size limitations. Staff is recommending the following change for proposed Sec. 20 -295.
(1) "No more than one principal structure and 2 accessory structures shall be permitted in the
rear or side yards. The accessory structures may not cover more than 4 0% of the side or
rear yard area. Wetlands shall be excluded from yard calculations. exceed 1,000 square
The third issue was in regard to the structure's setback from the public right -of -way. Staff
recommended a 25 foot front yard setback which is the standard for the BF district. The City
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Don Ashworth, City Manager
February 26, 1996
Page 3
Council could approve an increased setback of an additional 25 feet to accommodate landscape
buffering from the right -of -way. This change will result in a 50 foot front yard setback.
PROPOSED AMENDMENTS
The following reflects the proposed changes. All amendments will be shown in bold letters:
ARTICLE XX. "BF" FRINGE BUSINESS DISTRICT
Sec. 20 -773 Conditional Uses
The following are conditional uses in a BF District:
1. Motor fuel stations without car washes.
2. Truck/trailer /auto /sporting goods and boat sales /rental
3. Utility services
4. Cold storage and warehousing
5. Miniature Golf Course (Pursuant to Sec. 20 -265).
6. Commercial Kennels
7. Commercial Stables
Section 20 -1 Definition:
'
Commercial Kennel means any place where a person accepts dogs and cats, more th
one (1 ` ye , from the general public and where such animals are kept for the purpose
'
of selling, boarding, breeding, training, treating or grooming.
Commercial Stables means any place where a person accepts horses, colts, ponies,
mules, burros, or llamas, from the general public and where such animals are kept
'
for the purpose of selling, boarding, breeding, training, treating or grooming.
ARTICLE IV. CONDITIONAL USES
DIVISION 4. STANDARDS FOR BUSINESS, OFFICE,
INSTITUTIONAL AND INDUSTRIAL DISTRICTS
Sec. 20 -295. Commercial Kennels and Stables.
The followin g applies lies to commercial kennels and stables:
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Don Ashworth, City Manager
February 26, 1996
Page 4
(1) No more than one principal structure and 2 accessory structures shall be
permitted in the rear or side yards. The accessory structures may not cover
more than 4 0% of the side or rear yard area. Wetlands shall be excluded
from yard calculations. exceed 1,000 square feet o. r
(2) The structure must be in compliance with Chapter 5, Articles II and III.
(3) The site must be located on a collector street.
(4) The accessory structure must be a minimum of two hundred (200) feet from
wetland area, 2-5 50 feet from public or private road right -of -way, and 200
feet from an adjacent single family residence or a minimum of fifty feet from
a side or rear lot line, whichever is greater.
(5) No person shall maintain or operate any commercial kennel or stable without
a permit issued by the city as regulated by the City Code.
(6) A minimum lot size of one (1) acre is required to be licensed for operation of
a commercial kennel or stable.
(7) Every commercial kennel or stable shall be enclosed or fenced in such
manner as to prevent the running at large or escape of animals confined
therein.
(8) Both commercial kennels and stables shall be open for inspection by the City
authorities at any time.
(9) It shall be unlawful for any person to own or keep three (3) or more dogs
and /or cats over six (6) months of age on his /her premises in the City without
obtaining a kennel permit pursuant to this section and the City Code.
(10) Light sources shall be shielded.
(11) No outdoor speaker systems shall be allowed.
(12) Compliance with all State and County Regulations.
Chapter 5, Sec. 5 -16, Definitions dealing with Animals and Fowl is amended as follows:
Commercial Kennel means any place where a person accepts dogs and cats, from the
general public and where such animals are kept for the purpose of selling, boarding,
breeding, training, treating or grooming.
Commercial Stables means any place where a person accepts horses, colts, ponies,
mules, burros or llamas, from the general public and where such animals are kept
for the purpose of selling, boarding, breeding, training, treating or grooming.
, Sec-,&2-2., : 1-s&R4anre-
After a Conditional Use Permit has been approved by the City Council, a Commercial
Kennel permit shall be issued by the city clerk if the following conditions are met:
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Don Ashworth, City Manager
February 26, 1996
Page 5
(1) Housing enclosures for dogs and cats shall be at least two hundred (200) feet
from any neighboring residential structure used for human habitation.
(2) Land upon which dogs are to be sheltered must be surrounded by a sturdy
fence which will keep dogs confined.
(3) No Commercial Kennel Permit shall be issued for a lot of less than one (1)
acre.
(4) Housing and shelter must be provided which will keep animals comfortable
and protected from the elements, and housing or shelter shall be so located as
not to create a nuisance.
(5) Accumulations of feces shall be located at least two hundred (200) feet from
any well.
(6) All accumulations of feces shall be removed at such periods as will ensure
that no leaching or objectionable odors exist, and the premises shall not be
allowed to become unsightly.
(7) All dogs and cats shall be housed indoors overnight (from 10 p.m. to 6 a.m.).
(8) All dogs and cats shall be housed indoors when the commercial kennel
operator-employee(s) is not present at the subject property.
(9) Dogs are not allowed to habitually bark in a manner considered a nuisance
as defined by the City Code or Nuisance Ordinance.
(10) Outdoor exercise (dog runs) confinement areas shall be screened and
buffered. Such screening and buffering may be accomplished by using
berms, fencing, a green belt planting strip (evergreens), or natural
topography.
(11) The following conditions must be upheld in regard to the site's animal
quarters:
a. Indoor housing facilities must be structurally sound with ample heat,
light, and ventilation.
b. Animals kept outside must have continual access so animals can get in
and out to shelter and protect them from sun, rain, and snow.
C. If animals are confined by chains, such chains must be attached so not
to become entangled with chains of other dogs.
d. Individual animal enclosures must be of a size to allow each dog to
turn around fully, stand, sit, and lie in a comfortable condition.
e. The temperature of indoor housing facilities shall not be less than 50
degrees Fahrenheit for dogs not accustomed to lower temperatures.
-f. Disposal- :.facilities,are,provided.to minimize.= ,iirus .,infestation,odors
and disease hazards.
g. Adequate storage and refrigeration is provided to protect food
supplies against contamination and deterioration.
Don Ashworth, City Manager
February 26, 1996
Page 6
STAFF RECOMMENDATION
Staff recommends the Planning Commission recommend approval of the proposed ordinance
amendments as follows:
ARTICLE XX. "BF" FRINGE BUSINESS DISTRICT
Add the following Sec. 20 -773, Conditional Uses
The following are hereby added to conditional uses in a BF District:
6. Commercial Kennels
7. Commercial Stables
Amend Section 20 -1 Definition:
Commercial Kennel means any place where a person accepts dogs and cats, more tha
one ( ) year , from the general public and where such animals are kept for the purpose
of selling, boarding, breeding, training, treating or grooming.
Commercial Stables means any place where a person accepts horses, colts, ponies,
mules, burros, or llamas, from the general public and where such animals are kept
for the purpose of selling, boarding, breeding, training, treating or grooming.
Adopt standards for Commercial Kennels and Stables as follows:
ARTICLE IV. CONDITIONAL USES
DIVISION 4. STANDARDS FOR BUSINESS, OFFICE,
INSTITUTIONAL AND INDUSTRIAL DISTRICTS
Sec. 20 -295. Commercial Kennels and Stables.
The following applies to commercial kennels and stables:
(1) No more than one principal structure and 2 accessory structures shall be
permitted in the rear or side yards. The accessory structures may not cover
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Don Ashworth, City Manager
February 26, 1996
Page 7
more than 4 0% of the side or rear yard area. Wetlands shall be excluded
from yard calculations.
(2) The structure must be in compliance with Chapter 5, Articles II and III.
(3) The site must be located on a collector street.
(4) The accessory structure must be a minimum of two hundred (200) feet from
wetland area, 50 feet from public or private road right -of -way, and 200 feet
' from an adjacent single family residence or a minimum of fifty feet from a
side or rear lot line, whichever is greater.
(5) No person shall maintain or operate any commercial kennel or stable without
' a permit issued by the city as regulated by the City Code.
(6) A minimum lot size of one (1) acre is required to be licensed for operation of
a commercial kennel or stable.
' (7) Every commercial kennel or stable shall be enclosed or fenced in such
manner as to prevent the running at large or escape of animals confined
therein.
(S) Both commercial kennels and stables shall be open for inspection by the City
authorities at any time.
(9) It shall be unlawful for any person to own or keep three (3) or more dogs
' and /or cats over six (6) months of age on his /her premises in the City without
obtaining a kennel permit pursuant to this section and the City Code.
(10) Light sources shall be shielded.
(11) No outdoor speaker systems shall be allowed.
(12) Compliance with all State and County Regulations.
Chapter 5, Sec. 5 -16, Definitions dealing with Animals and Fowl is amended as follows:
Commercial Kennel means any place where a person accepts dogs and cats, from the
general public and where such animals are kept for the purpose of selling, boarding,
breeding, training, treating or grooming.
Commercial Stables means any place where a person accepts horses, colts, ponies,
mules, burros or llamas, from the general public and where such animals are kept
for the purpose of selling, boarding, breeding, training, treating or grooming.
' Section 5 is also proposed to be amended by creating standards for issuing a Commercial Kennel
permit, as follows:
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February 26, 1996
Page 8
Sec. 5 -22. Issuance.
After a Conditional Use Permit has been approved by the City Council, a Commercial
Kennel permit shall be issued by the city clerk if the following conditions are met:
(1) Housing enclosures for dogs and cats shall be at least two hundred (200) feet
from any neighboring residential structure used for human habitation.
(2) Land upon which dogs are to be sheltered must be surrounded by a sturdy
fence which will keep dogs confined.
(3) No Commercial Kennel Permit shall be issued for a lot of less than one (1)
acre.
(4) Housing and shelter must be provided which will keep animals comfortable
and protected from the elements, and housing or shelter shall be so located as
not to create a nuisance.
(5) Accumulations of feces shall be located at least two hundred (200) feet from
any well.
(6) All accumulations of feces shall be removed at such periods as will ensure
that no leaching or objectionable odors exist, and the premises shall not be
allowed to become unsightly.
(7) All dogs and cats shall be housed indoors overnight (from 10 p.m. to 6 a.m.).
(8) All dogs and cats shall be housed indoors when the commercial kennel
employee(s) is not present at the subject property.
(9) Dogs are not allowed to habitually bark in a manner considered a nuisance
as defined by the City Code or Nuisance Ordinance.
(10) Outdoor exercise (dog runs) confinement areas shall be screened and
buffered. Such screening and buffering may be accomplished by using
berms, fencing, a green belt planting strip (evergreens), or natural
topography.
(11) The following conditions must be upheld in regard to the site's animal
quarters:
a. Indoor housing facilities must be structurally sound with ample heat,
light, and ventilation.
b. Animals kept outside must have continual access so animals can get in
and out to shelter and protect them from sun, rain, and snow.
C. If animals are confined by chains, such chains must be attached so not
to become entangled with chains of other dogs.
yd. dividual- animal- ene-losures-must- he- ofna- sizeato- =allow-.eae-h. dog t—ID
turn around fully, stand, sit and lie in a comfortable condition.
C. The temperature of indoor housing facilities shall not be less than 50
degrees Fahrenheit for dogs not accustomed to lower temperatures.
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Don Ashworth, City Manager
February 26, 1996
Page 9
f. Disposal facilities are provided to minimize virus infestation, odors
and disease hazards.
g. Adequate storage and refrigeration is provided to protect food
supplies against contamination and deterioration.
ATTACHMENTS
1. Staff report dated November 7, 1995
2. Conditional Use Ordinance
3. Animals and Fowl Ordinance
4. Planning Commission minutes dated February 7, 1996.
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
41
TO: Planning Commission
FROM: Sharmin Al -Jaff, Planner II
DATE: November 7, 1995
SUBJ: City Code Amendment to the BF, Fringe Business District to allow commercial
raising of fur- bearing animals, operation of riding academies, commercial stables
and kennels, Nancy Lee and Patrick Blood
The applicants are requesting an amendment to the zoning ordinance in the BF - Fringe Business
District, to allow the construction of a multi- faceted facility that could provide services for the
care of domestic animals including kennels and stable, , "humane society" services, and city /police
drop off availability. The applicant is proposing this change take place by amending the
definition of agriculture. The current definition of "agriculture" in the zoning ordinance is as
follows:
Agriculture means the commercial use of land for raising of livestock and poultry,
growing and producing of fruits, vegetables, field crops and nursery stock, including tree
farms and choose - and -cut Christmas tree sales. The term does not include the
commercial raising of fur- bearing animals, nor the operation of riding academies,
commercial stables or kennels.
Agriculture is a permitted use in the A2 - Agricultural Estate District; RR - Rural Residential
District; and BF - Fringe Business District.
The applicants are requesting the definition be amended to read as follows:
Agriculture means the commercial use of land for raising of livestock and poultry,
growing and producing of fruits, vegetables, field crops and nursery stock, including tree
farms and choose - and -cut Christmas tree sales. The term does not include the
commercial raising of fur- bearing animals, rter the operation of riding academies,
commercial stables er and kennels.
MEMORANDUM
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Planning Commission
November 15, 1995
Page 2
As mentioned earlier, agriculture is a permitted use not only in the BF district, but in the A2 and
RR districts as well. Attachment #I reflects current BF, RR, and A2 zoned property. Changing
the definition of agriculture as requested by the applicant will not only impact the BF district, but
will also impact all of those areas highlighted on the map. To fully understand the effect of this
potential amendment, we must examine the meaning of the proposed uses.
The zoning ordinance Section 20 -1 provides the following definition:
Commercial Kennel means an establishment in which dogs, cats, or other domesticated
animals more than one (1) year old are housed, groomed, bred, boarded, trained, or sold
for gain.
Chapter 5 of the City Code dealing with Animals and Fowl offers the following definition:
Commercial Kennel means any place where a person accepts dogs or cats from the
general public and where such animals are kept for the purpose of selling, boarding,
breeding, training, treating or grooming.
The city code does not contain definitions of commercial raising of fur- bearing animals,
operation of riding academies, or commercial stables.
These uses are permitted in some districts as follows:
ZONING DISTRICT
CLASSIFICATION A -1
A -2
RR RSF BF
Agriculture P
P
P P
Commercial Kennels
NP
]UP
Commercial Stables
IUP
IUP IUP
Riding Academies
IUP
IUP = Interim Use Permit
P = Permitted
' Staff believes that changing the definition of agriculture as requested by the applicant will create
e someRin emnpatible=tmes -=mme districts,- and - will - snake °it - for =the- city=to regulatmhe
use. A better approach would be to regulate these uses as a Conditional Use Permit in the BF
District only. The Planning Commission could direct staff to develop a set of standards for these
uses that would address issues such as noise, disposal of feces, and shelter for the animals.
Planning Commission
November 15, 1995
Page 3
STAFF RECOMMENDATION
Staff recommends the Planning Commission table action on this request and direct staff to develop
standards to allow commercial raising of fur- bearing animals, operation of riding academies,
commercial stables and kennels as a conditional use permit in the BF District. We also
recommend these standards be incorporated into Chapter 5, Animals and Fowl.
ATTACHMENT
1. Map showing the areas impacted by the definition of agriculture.
2. Map showing BF District.
3. Application and legal description.
4. Public hearing notice and property owners notified.
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PREPARED BY:
CHANHASSEN ENGWEERING DEPT. -
REVISED JAN, 1995
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CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937 -1900
DEVELOPMENT REVIEW APPLICATION
I APPLICANT: Nancy Lee & Patrick Blood OWNER: Same
1 ADDRESS: P.O. Box 94 ADDRESS:
I Shakopee, MN. 55379
TELEPHONE (Day time) (612)445-0503 TELEPHONE:
1.
Comprehensive Plan Amendment
11.
Vacation of ROW /Easements
2.
Conditional Use Permit
12.
Variance
3.
Interim Use Permit
13.
Wetland Alteration Permit
4.
Non - conforming Use Permit
14.
Zoning Appeal
5.
Planned Unit Development
15.
X Zoning Ordinance Amendment
6.
Rezoning
7.
Sign Permits
8.
Sign Plan Review
Notification Signs
9.
Site Plan Review
X
Escrow for Filing Fees /Attorney Cost"
($50 CUP /SPRNACNAR/WAP /Metes
and Bounds, $400 Minor SUB)
10.
Subdivision
TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the property must
Included with the application.
' Twenty -six full size folded copies of the plans must be submitted.
8 /z' X 11" Reduced copy of transparency for each plan sheet.
" NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
" Escrow will be required for other applications through the development contract
u
PROJECT NAME
LOCATION 10500 Great Plains Blvd
LEGAL DESCRIPTION Sec . 36 , TWP 116N, Range 23W
See attached description
PRESENT ZONING BF - Fringe Business District
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION Please see attached
REASON FOR THIS REQUEST Please see attached.
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying
with all City requirements with regard to this request. This application should be processed in my name and I am the party
whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of
ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the
authorized person to make this application and the fee owner has also signed this application.
1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best
of my knowledge.
�i
10/13/95
Signature o Applicant, Date
Signature of Fee Owner
Application Received on
Fee Paid
Receipt No.
0
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The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the
meeting. If not contacted, a copy of the report will be mailed to the applicant's address. I
Date
t
Nancv Lee and Patrick Blood
RE: Zoning Ordinance Amendment
REQUESTED LAND USE DESIGNATION AND RE, EASON FOR THIS REQUEST:
"Agriculture" is a permitted use in the Business Fringe District.
The last sentence of the City definition of Aariculture states:
"The tern does not include the commercial raising of fur - bearing animals, nor the
operation of riding academies, commercial stables or kennels."
'\�'e are reque.stiug that this exclusion be chanaed to an inclusion of the Agriculture
definition.
W e would life to build a multi- faceted facility that could provide services for the care of
domcsiic anunals including kennels and stablos. "humane society" seiwicWs, and City,police
drop off availability.
t h,11111assell and the �I?rroundln, area dots -lot ha �inytlliti(, Re thl, ava- 0 kible to thern.
That part of Government Lot 4, Section 36, Township 116, North Rang-
23 West of the 5th Principal Meridian, Carver County, Minnesota.
which lies southerly of the southerly right -of -way line of the
Chicago and North Western Railway Company (formerly Minneapolis and
St. Louis Railway Company) and northerly of the northerly line of
State Highway No. 169 acrd No 212, EXCEPTING therefrom that pert
contained in the following3
That part of Government Lots 3 and 4, Section 36, Township 116, Range
23, described as follows: Commencing at the West Quarter corner of
said section; thence South along an extension of the west line of
said Government Lot 4, a distance of 14.65 feet; thence northeasterly
deflecting to the left 106 0 21 1 30 11 , a distance of 1327.05 feet to the
actual point of beginning of the tract of land to be described;
thence continuing northeasterly along last described course 170.35
feet; thence northwesterly deflecting to the left 89 0 15 1 , a distance
of 50 feet to a point marked by a Judicial Landmark; thence
continuing northwesterly along last described course, a distance of
473.2 feet to a point marked by Judicial Landmark; thence
Northwesterly deflecting to the left 63 0 38 1 , a distance of 40 feet to
a point marked by a Judicial Landmark; thence southwesterly
deflecting to the left 25 a distance of 146 feet to a poin-
marked by a Judicial Landmark= thence southeasterly 545.52 feet to
the actual point of beginning, a point being marked on the last
described course by a Judicial Landmark; distant 50 feet
northwesterly of actual point of beginning.
And except that part of the South Half of the Northwest Quarter o ng
of way line of Tru f
Section 36 Township 116 Range 23, described as follows: Starti
at a point on the North right Trunk Highway No. 169
which point is 50 feet North of the center line of the pavement at a
point 1487.4 feet Northeasterly from the West line of said Section 36
as measured along the center line of said pavement and running thence
North 13 °32' West or at an angle of 89 ° 15' with said pavement a
distance of 473.2 feet; thence North 77 °10' West, 40 feet; thence
South 77 °20 West, 146 feet= thence Southeasterly 501 feet to the
North right of way line of said Trunk Highway and thence
Northeasterly along said right of way line 171 feet to place of
beginning.
And EXCEPT that part of said Government Lot 4 lying easterly of
following described line: Commencing aL Lhe West Quarter corner of
saids:section;!1 South along an extension of the west line of
said, Government'3 Lot 44 a distance of 14.65 feet; thence northeasterly
deflecting- to:the{left'106•21'30 ", a distance of 1487.40 feet to the
actual point `Of'; beginning of the line to be described; thence
northwesterly deflecting to the left 89 0 15' to the South line of said
Chicago and North Western Railway Company and said line there
terminating.
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NOTICE OF PUBLIC HEARING
PROPOSED ZONING ORDINANCE AMENDMENT
CITY OF C1 ANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Wednesday, November 15, 1995 at 7:00 p.m. in the Council Chambers in
Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider an amendment
to the City Code to allow commercial raising of fur- bearing animals, operation of riding academies,
commercial stables and kennels in the BF, Fringe Business District, Nancy Lee.
All interested persons are invited to attend this public hearing and express their opinions
with respect to this proposal.
Sharmin Al -Jaff, Planner II
Phone: 937 -1900, ext. 120
(Publish in the Chanhassen Villager on November 2, 1995)
Roger & Betty O'Shaughnessy
1000 Hesse Farm Road
!''t.....1... A A c c 2 1 Q
Debra Wendorf
740 Vogelsberg Trail
Chaska, MN 55318
Skip Cook
15506 Village Woods Dr.
Eden Prairie, MN 55433
Mr. Paul Burke
U. S. Fish & Wildlife
4101 E. 80th Street
Minneapolis, MN 55425 -1665
Verne & Susan Severson
675 Lakota Lane
Chaska, MN 55318
Jack Brambilla
550 Valley Park Dr.
Shakopee, MN 55379
J. Michael Sorenson
Rt. 2, Box 187K
Belle Plaine, MN 56011
Norman & Karoline Monroe
565 Lakota Lane
P. O. Box 115
Chaska, MN 55318
John Malzahn
10551 Great Plains Blvd.
Chaska, MN 55318
SuperAmerica Group, Inc.
P. O. Box 14000
Lexington, KY 40512
Bert & B. Notermann
812 Co. Rd. 78 E.
Shakopee, MN 55379
Chester & Betty Teich
825 Flying Cloud Drive
Chaska, MN 55318
Allen Rothe
750 Vogelsberg Trail
Chaska, MN 55318
Ms. Ruth Sobnosky
Dept. of Transportation
1500 Co. Rd. B2 West
Roseville, MN 55113
Control Credit, Inc.
7841 Wayzata Blvd., #200
Minneapolis, MN 55426
Maynard C. Happe
495 Lakota Lane
Chaska, MN 55318
Robert Drury
575 Flying Cloud Dr.
P. O. Box 193
Shakopee, MN 55379
I § 20 -201
L
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CHANHASSEN CITY CODE
"HC -2" Highway 5 corridor district.
(Ord. No. 80, Art. IV, § 1, 12- 15 -86; Ord. No. 123,'§ 1, 3- 12 -90; Ord. No. 212, § 2, 7- 11 -94)
Sec. 20 -202. Zoning map.
The boundaries of the districts established by this chapter are delineated on the zoning
map; the map and all notations, references and data shown thereon are hereby adopted and
made part of this chapter and will be on permanent file for public inspection at the city hall.
(Ord. No. 80, Art. IV, § 2, 12- 15 -86)
Cross reference — Official maps, § 15 -20 et seq.
Sec. 20.203. District boundaries.
Except where referenced on the zoning map, a street or alley line or other designated line
by dimensions shown on the map, the district boundary lines of all districts except the flood
fringe and floodway district, shoreland management district and wetland overlay district shall
follow lot lines or the centerlines of streets or alleys. Where interpretation is needed as to the
exact location of the boundaries of any district, the board of adjustments and appeals shall
make the necessary interpretation.
(Ord. No. 80, Art. IV, § 3, 12- 15 -86)
Sec. 20.204. Schedule of uses permitted by district.
Uses of land, buildings, and structures not permitted below as either principal, accessory
or conditional are prohibited. All district regulations shall also be subject to the provisions of
all other applicable provisions of the chapter.
(Ord. No. 80, Art. V, § 1, 12- 15 -86)
Secs. 20- 205 - 20.220. Reserved.
ARTICLE IV. CONDITIONAL USES*
DIVISION 1. GENERALLY
Sec. 20.221. Nature; burden of proof.
Conditional uses include those uses which are not usually allowed within the zoning
district, but which may under some circumstances be suitable. The applicant shall have the
burden of proof that the use is suitable and t} the standards set forth in division 2 of this
article have been met.
- (Ord. §'2(3 -2 -1), 12- 15 =86) .
Secs. 20. 222 - 20.230. Reserved.
*State law reference — Conditional uses, M.S. § 462.3595.
Supp. No. 7 1174.2
DIVISION 2. CONDITIONAL USE PERMITS
Sec. 20.231. Application, public hearing, notice and procedure.
The application, public hearing, public notice and procedure requirements for conditional
use permits shall be the same as those for amendments as provided in article II, division 2,
except that the permit shall be issued on the affirmative vote of a majority of the entire
council. Although specific submissions required to complete an application for a conditional
use permit may vary with the specific use and the district in which it is located, all applica-
tions for such permits must include at minimum a site plan that clearly illustrates the fol-
lowing: proposed land use building mapping and functions, circulation and parking areas,
planting areas and treatment, sign locations and type, basic lighting concerns, the relation-
ship of the proposed project to neighboring uses, environmental impacts and demand for
municipal services.
(Ord. No. 80, Art. III, § 2(3 -2 -2), 12- 15 -86)
Sec. 20.232. General issuance standards.
The planning commission shall recommend a conditional use permit and the council shall
issue such conditional use permits only if it finds that such use at the proposed location:
(1) Will not be detrimental to or endanger the public health, safety, comfort, convenience
or general welfare of the neighborhood or the city.
ZONING
§ 20 -232 1
1
I I
(2) Will be consistent with the objectives of the city's comprehensive plan and this chapter.
(3) Will be designed, constructed, operated and maintained so to be compatible in ap-
pearance with the existing or intended character of the general vicinity and will not
change the essential character of that area.
(4) Will not be hazardous or disturbing to existing or planned neighboring uses.
F�
1
Supp. No. 7 1174.3
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§ 20 -233
(5) Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
systems and schools; or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed
use.
(6) Will not create excessive requirements for public facilities and services and will not
be detrimental to the economic welfare of the community.
(7) Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents,
or trash.
(8) Will have vehicular approaches to the property which do not create traffic congestion
or interfere with traffic or surrounding public thoroughfares.
(9) Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
(10) Will be aesthetically compatible with the area.
(11) Will not depreciate surrounding property values.
(12) Will meet standards prescribed for certain uses as provided in this article.
(Ord. No. 80. Art. III, § 2(3 -2.3), 12- 15 -86)
Sec. 20 -233. Conditions imposable on permits.
(a) In reviewing applications for conditional use permits, the planning commission and
the council may attach reasonable conditions to mitigate anticipated adverse impacts associ-
ated with these uses, to protect the value of other property within the district, and to achieve
the goals and objectives of the comprehensive plan. Such conditions may include, but are not
limited to, the following:
(1) Controlling the number, area, bulk, height and location of such uses.
(2) Regulating ingress and egress to the property and the proposed structures thereon
with particular reference to vehicle and pedestrian safety and convenience. traffic
flow and control and access in case of fire or other catastrophe.
(3) Regulating off - street parking and loading areas where required.
(4) Utilities with reference to location availability and compatability.
(5) �Berming;n fencing; sereening ,- Iandscaping�or'(ether=far lities�tprotect property.
(6) Compatability of appearance.
Supp. No. 2
1175
§ 20 -233 CHANHASSEN CITY CODE
(b) In determining conditions, special considerations shall be given to protecting immedi-
ately adjacent properties from objectionable views, noise, traffic and other negative character-
istics associated with such uses.
(Ord. No. 80, Art. III, § 2(3 -2 -4), 12- 15 -86)
Sec. 20 -234. Denial for noncompliance.
If the council denies a conditional use permit, it shall state findings as to the ways in
which the proposed use does not comply with the standards required by this chapter.
(Ord. No. 80, Art. III, § 2(3 -2 -5), 12- 15 -86)
Sec. 20 -235. Permits not personal.
A conditional use permit shall be issued for a particular use and not for a particular
person.
(Ord. No. 80, Art. III, § 2(3 -2 -6), 12- 15 -86)
Sec. 20 -236. Expiration,
If substantial construction has not taken place within one (1) year of the date on which
the conditional use permit was granted, the permit is void except that, on application, the
council, after receiving recommendation from the planning commission, may extend the
permit for such additional period as it deems appropriate. If the conditional use is discon-
tinued for six (6) months, the conditional use permit shall become void. This section shall
apply to conditional use permits issued prior to February 19, 1987, but the six -month period
shall not be deemed to commence until February 19, 1987.
(Ord. No. 80, Art. III, § 2(3 -2 -8), 12- 15 -86)
Sec. 20 -237. Revocation and inspection.
(a) Failure to comply with any condition set forth in a conditional use permit shall be a
misdemeanor and shall also constitute sufficient cause for the revocation of the conditional use
permit by the city council following a public hearing. The property owner shall be notified in
advance of the city council's review of the permit.
(b) Inspections will be conducted at least annually to determine compliance with the
terms of a conditional use permit.
(Ord. No. 80, Art. III, § 2(3 -2 -7), 12- 15 -86; Ord. No. 106, § 1, 8- 14 -89)
Secs. 20- 238 -20 -250. Reserved.
DIVISION 3. STANDARDS FOR AGRICULTURAL AND RESIDENTIAL DISTRICTS
Sec. 20 -251. Scope.
-In =addition - to --a'li -�oth - starrd , ards- required - Eby— ge -, 20 =232, -the =standards n—this
division shall apply to conditional uses if they are to be located in agricultural or residential
districts.
(Ord. No. 80, Art. V, § 9(5 -9 -1), 12- 15 -86)
Supp. No. 2
1176
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1
Chapter 5
ARTICLE I. IN GENERAL
Secs. 5- 1 -5 -15. Reserved.
ARTICLE II. DOGS AND CATS
DIVISION 1. GENERALLY
Sec. 5 -16. Definitions.
The following words, terms and phrases, when used in this article, shall have the mean-
' ings ascribed to them in this section, except where the context clearly indicates a different
meaning:
At large means off the premises of the owner and not under restraint.
Commercial kennel means any place where a person accepts dogs or cats from the general
public and where such animals are kept for the purpose of selling, boarding, breeding,
training, treating or grooming.
Impoundment means the status of being in the physical custody of the police or any
' animal control officer of the city, including, without limitation, confinement in the city pound
or in the animal control officer's vehicle.
Owner means any person who owns, harbor or keeps or has custody of a dog or cat, or the
parents or guardians of a person under eighteen (18) years of age who owns, harbors, keeps or
has - custody of a dog or cat.
1� 'Cross reference — Animals in parks, § 14-65.
State law reference — Authority of city to regulate animals, M.S. § 412.221, subd. 21.
Supp. No. 1
' 267
I
ANIMALS ANlij ` FOWL*
Art. I. In General,
Art. II. Dogs and Cats, §§ 5-16 -5-85
Div. I. Generally, §§ 5- 16 -5 -35
'
Div. 2. Rabies Control, §§ 5- 36 -5 -50
Div. 3. License, § § 5- 51 -5 -70
'
Div. 4. Impoundment, §§ 5 -71 -5-75
Div. 5. Dangerous Animals, § § 5 -76 -5-85
Art. III. Horses, §§ 5- 86- 5.106
Div. 1. Generally, § § 5 -86 -5 -100
'
Div. 2. Stable Permits, § § 5- 101 -5 -106
ARTICLE I. IN GENERAL
Secs. 5- 1 -5 -15. Reserved.
ARTICLE II. DOGS AND CATS
DIVISION 1. GENERALLY
Sec. 5 -16. Definitions.
The following words, terms and phrases, when used in this article, shall have the mean-
' ings ascribed to them in this section, except where the context clearly indicates a different
meaning:
At large means off the premises of the owner and not under restraint.
Commercial kennel means any place where a person accepts dogs or cats from the general
public and where such animals are kept for the purpose of selling, boarding, breeding,
training, treating or grooming.
Impoundment means the status of being in the physical custody of the police or any
' animal control officer of the city, including, without limitation, confinement in the city pound
or in the animal control officer's vehicle.
Owner means any person who owns, harbor or keeps or has custody of a dog or cat, or the
parents or guardians of a person under eighteen (18) years of age who owns, harbors, keeps or
has - custody of a dog or cat.
1� 'Cross reference — Animals in parks, § 14-65.
State law reference — Authority of city to regulate animals, M.S. § 412.221, subd. 21.
Supp. No. 1
' 267
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§ 5 -16 CHANHASSEN CITY CODE 0I
Private kennel means any place where more than two (2) dogs or cats over six (6) months of
age are kept or harbored, provided such anirr als are owned by the owner or lessee of the I
premises on which they are kept or harbored. i .
Sterilized means neutered in the case of male dogs or cats, or spayed in the case of female
dogs or cats. I
Under restraint means under control by means of a leash not exceeding six (6) feet in
length, or within the property of the owner's premises.
(Ord. No. 24 -C, §§ 1, 19, 7.12 -76; Ord. No. 24 -D, § 1, 8 -2 -82)
Sec. 5-17. Interference with enforcement.
,
It shall be unlawful for any person to break open the pound or to attempt to do so, or to
take or let out any dog or cat therefrom, or to take or attempt to take from any oflicer any dog
,
or cat taken up by him in compliance with this article, or in any manner to interfere with or
hinder such officer in the discharge of his duties under this article.
(Ord. No. 24 -C, § 14, 7- 12 -76)
Sec. 5.18. Kennel license.
(a) No person shall maintain a private or commercial kennel in the city without securing
a license therefor from the The
city council. fee for the license shall be as established by
resolution. No license shall be required for a private kennel consisting of cats, if the kennel is
located on a tract or parcel of land being used for agriculture as that term is defined in the
'
zoning ordinance. and if the cats are kept for rodent control purposes incident to the agricul-
tural use of the tract or parcel of land.
('o) Kennel licenses shall expire on the April 30 next following their issuance. Upon
application for renewal of a kennel license, an authorized city employee shall inspect the
kennel of the applicant. The employee shall submit to the city clerk either an affirmative
'
certification that the kennel is maintained in a neat, orderly, and safe condition, or a negative
certification that said kennel is not so maintained. The city clerk may issue a renewal kennel
license provided that:
(1) The certificate is affirmative; and
(2) No complaints have been received by the city.
In all other cases, the kennel license shall be renewed only upon city council approval.
(Ord. No. 24 -C, § § 20.01, 20.02, 7- 12 -76)
Cross reference — Licenses, permits and miscellaneous business regulations, Ch. 10.
'
Sec. 5-19. Running at large.
No dog or cat shall,be. allowed by its _ owner,_to...r.un,.at.- large. The . pol -ice,or-- anim- aLcontrol
ofFiicers of the city shall take up and impound any dog or cat found at large in violation of this
section,.
'
(Ord. No. 24 -C, § 12, 7.12.76)
Supp. No. I
268
11
ANIMALS AND FOWL § 5 -36
_f Sec. 5-20. Abandonment.
' No person shall abandon any dog or cat witl. 'n the city.
(Ord. No. 24 -C, § 21, 7.12 -76)
1 Sec. 5-21. Destruction.
(a) A court of proper jurisdiction may issue a summons directed to the owner or custodian
' of a dog or cat commanding him to appear before the court to show cause why the animal
should not be seized and destroyed by any police or animal control officer, or otherwise
disposed of in the manner authorized in this article upon sworn complaint being made to the
' court that any one (1) of the following facts exist:
(1) The animal at any time has destroyed property or habitually trespasses in a damag-
ing manner on property of persons other than the owner;
(2) The animal has attacked or bitten a person outside the owner's or custodian's premises;
(3) The animal is vicious or shows vicious habits or molests pedestrians or interferes
with vehicles on the public rights -of -way or highways;
(4) The animal is a nuisance as defined; or
(5) The animal is running at large in violation of this article.
' - (b) The summons shall be returnable not less than two (2) or more than six (6) days from
the date of service thereof and shall be served at least two (2) days before the time of the
appearance mentioned therein. Upon hearing and finding the facts true as complained of, the
court may either order the animal destroyed or order the owner or custodian to remove it from
the city, or may order the owner or custodian to keep it confined to a designated place. If the
owner or custodian violates such order any police or animal control officer may impound or
' destroy any animal described in such order.
(c) Costs of the proceedings authorized by this section shall be assessed against the owner
' or custodian of the animal if the facts in the complaint are found to be true, or to the
complainant if the facts are found to be untrue.
(Ord. No. 24 -C, § 22, 7- 12 -76)
Secs. 5-22 -5-35. Reserved.
' DIVISION 2. RABIES CONTROL
Sec. 5 -36. Entry powers to enforce.
Any..nolice. or animal_contro.l..officer..of the. -city may., enter .,upon.,.the v.of.anv
person in pursuit of any animal under probable cause to believe that such animal has bitten a
person or animal, or that such animal is rabid.
(Ord. No. 24 -C, § 24, 7- 12 -76)
1 269
, a) Notwithstanding section 5 -38, whenever any person owning, possessing or harboring
any dog or cat within the city shall learn that such animal has bitten any human being, such
person shall immediately impound such animal for a period of ten (10) days separate and
apart from other animals under the supervision of a licensed veterinarian until it is deter.
mined whether the animal had or has rabies. If the animal is found to be rabid, it shall be '
destroved.
(b) The owner shall notify the city police and animal control officer of such impoundment.
(c) If the owner cannot be advised of the animal bite within the two (2) hours following
the occurrence, or if the owner fails to impound the animal as required by this section, the city
police or animal control officers shall cause such animal to be so impounded. If the animal is '
found to be rabid, it shall be destroyed. If it is found not to be rabid, it shall be returned to the
owner provided the owner shall first pay for the cost of keeping said animal. If the owner does '
not pay such cost within five (5) days after he has been notified to claim or retrieve his animal,
the animal may be disposed of as provided it this article.
(Ord. No. 24 -C, § 27.01, 7.12 -76) '
��c .;:;: =��40. ° >�artre �tlre �as�rsrals- �itter�,
Any dog or cat known to have been bitten or exposed to rabies shall be impoundea and ,
destroved; provided, however, that such animal may be immediately destroyed, if with rea-
270 '
11
'
§ 5.3 7 CHAIvHASSEN CITY CODE
Sec. 5 Vaccination.
,
-37.
(a) No license shall be granted for any dog )r cat which does not have a valid vaccination
against rabies for the calendar year in which t'_'e license is to be issued. A valid vaccination
'
shall be deemed to be one (1) year for cats and one (1) year for dogs vaccinated with a modified
live vaccine; the period of immunity may be extended to no more than thirty -six (36) months
for dogs vaccinated with a modified live vaccine upon written certification by a licensed
veterinarian in the state stating that the immunity is in excess of the periods herein stated.
The veterinarian shall state on the certificate of vaccination the type of vaccine used. If not
,
stated, it shall be assumed that the vaccine is a killed viral vaccine.
(b) Vaccinations shall be performed only by a doctor qualified to practice veterinary
medicine in the state in which the animal is vaccinated. A veterinarian who vaccinates an
animal to be licensed in the city shall complete a certificate of vaccination in triplicate. One
(1) copy shall be issued to the animal owner for affixing to the license application, and one (1)
copy shall be retained in the veterinarian's file.
(Ord. No. 24 -C, § 18, 7-12-76)
Sec. 5 -38. Bites — Generally.
Excep; as expressly authorized by statute, it shall be unlawful for any person other than
an ofFicer or agent of the cite acting pursuant to this article to destroy any dog or cat which
has bitten any person or animal unless such dog or cat has been determined to be or is rabid.
(Ord. No. 24 -C, § 26, 7- 12 -76)
Sec. 5 -39. Same — Humans bitten.
'
, a) Notwithstanding section 5 -38, whenever any person owning, possessing or harboring
any dog or cat within the city shall learn that such animal has bitten any human being, such
person shall immediately impound such animal for a period of ten (10) days separate and
apart from other animals under the supervision of a licensed veterinarian until it is deter.
mined whether the animal had or has rabies. If the animal is found to be rabid, it shall be '
destroved.
(b) The owner shall notify the city police and animal control officer of such impoundment.
(c) If the owner cannot be advised of the animal bite within the two (2) hours following
the occurrence, or if the owner fails to impound the animal as required by this section, the city
police or animal control officers shall cause such animal to be so impounded. If the animal is '
found to be rabid, it shall be destroyed. If it is found not to be rabid, it shall be returned to the
owner provided the owner shall first pay for the cost of keeping said animal. If the owner does '
not pay such cost within five (5) days after he has been notified to claim or retrieve his animal,
the animal may be disposed of as provided it this article.
(Ord. No. 24 -C, § 27.01, 7.12 -76) '
��c .;:;: =��40. ° >�artre �tlre �as�rsrals- �itter�,
Any dog or cat known to have been bitten or exposed to rabies shall be impoundea and ,
destroved; provided, however, that such animal may be immediately destroyed, if with rea-
270 '
11
Secs. 5- 41 -5 -50. Reserved.
' sonable effort it cannot first be taken up and irr punded. If such an animal is impounded, it
shall not be destroyed if the owner makes provisio. for suitable quarantine for a period of not
less than six (6) months, or proof of immunization is furnished and booster injections are given
I by a licensed veterinarian at the expense of the owner.
(Ord. No. 24 -C, § 27.02, 7- 12 -76)
Sec. 5 -51. Required.
ANIMALS AND FOWL § 5 -55
DIVISION 3. LICENSE
No owner shall keep a dog or cat within the city without a license issued by the city.
(Ord. No. 24 -C, § 2, 7- 12 -76)
Sec. 5-52. Application.
Application for a dog or cat license shall be made to the city upon a form furnished by the
city. The applicant shall furnish the information required by the form.
(Ord. No. 24 -C, § 2, 7- 12 -76)
Sec. 5 -53. Fee.
(a) The annual fee for a dog or cat license shall be as established by resolution. It shall be
the duty of each owner of a dog or cat to pay the license fee to the city on or before the first day
of May in each year, or upon acquiring ownership or possession of any unlicensed animal or
upon establishing residence in the city. The city shall cause a notice of the necessity of paying
such license fee to be printed in the official city newspaper on one (1) occasion before the first
day of May in each year. Owners of dogs or cats that are not licensed in accordance with this
division shall pay a late fee in the amount established by resolution except if the animal has
been impounded and not licensed, in which case section 5 -54 shall govern.
' (b) No refund shall be made of any license fee because of death of the animal, or because
of leaving the city by the owner prior to expiration of the license.
(Ord. No. 24 -C, §§ 2, 3, 16, 7- 12 -76)
' Sec. 5 -54. Term.
' Dog or cat licenses shall expire on April 30 next following their issuance.
(Ord. No. 24 -C, § 2, 7- 12 -76)
Sec. 5 -55. Receipts and tags.
(a) Upon, the ..payment _of .the license fee. the owner of a licensed dog or cat shall be
furnished a receipt, together with a suitable tag. The owner shall cause the tag to be affixed
' by a permanent fastening to the collar of the dog or cat so licensed in such a manner that the
tag may easily be seen by the officers of the city. The owner shall see that the tag is constantly
worn by the dog or cat.
Supp. ?vo. 5 271
§ 5 -55 CHANHASSEN CITY CODE i I
(b) Tags are not transferable from one (1) anii -`al to another. ,
3
(c) In case any animal tag is lost, a duplicate may be issued by the city upon presentation
of a receipt showing the payment of the license fee for the current year. A charge in the '
amount established by resolution shall be made for each duplicate tag.
(d) It shall be unlawful to counterfeit or attempt to counterfeit tags provided for in this ,
section or take from any animal a tag legally placed upon it by its owner, or to place such tag
upon another animal.
(Ord. No. 24 -C, § § 4, 9, 15, 16, 7- 12 -76) '
Sec. 5-56. Inspections.
To enforce this division, police and animal control officers of the city are authorized to
enter upon any private premises where they have reasonable cause to believe there is an ,
unlicensed dog or cat.
(Ord. No. 24 -C, § 5, 7- 12 -76)
Secs. 5- 57 -5 -70. Reserved. ,
DIVISION 4. IMPOUNDMENT '
Sec. 5 -71. Generally.
The police and animal control officers of the city are authorized to take up and impound
any dog or cat found at large in the city.
(Ord. No. 24 -C, § 5, 7- 12 -76) 1
Sec. 5-72. Establishment of city pound; records. '
The city may construct and maintain an animal pound, or the city council may designate
as the animal pound a suitable kennel. The animal control officer shall keep accounts of all
animals impounded at the city pound and their disposition, and shall turn over such accounts '
to the city clerk upon request.
(Ord. No. 24 -C, § 11, 7- 12 -76) ,
Sec. 5 -73. Notice.
(a) Posting or giving. Upon taking up and 'Impounding any dog or cat, the animal control
officer may within twenty -four (24) hours thereafter post in one (1) or more conspicuous places '
in the city, a notice of impounding. the owner of the dog or cat is known, written notice of
impounding, in lieu of posted notice, shall be given the owner either by mail or personal '
service. The date of sale or other disposition of the animal shall be five (5 days af_er t: e
posting or giving of the notice.
Supp. Rio. 5 272
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ANIMALS AND FOWL
§ 5 -73
(b) Euthanizing animals. Notwithstanding aAjother provision herein, an animal control
officer may immediately kill any dog, cat, or other animal under the following circumstances:
(1) The animal is reasonably believed to be diseased, vicious or dangerous and cannot be
impounded without substantial risk to the safety of the officer; or
(2) The animal is reasonably believed to be mortally injured or diseased.
(Ord. No. 24 -C, § 6, 7- 12 -76; Ord. No. 183, § 1, 3- 22 -93)
Supp. No. 5
272.1
ANIMALS AND FOWL § 5 -77 1
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1
Sec, 5 -74. Redemption,
(a) Any dog or cat may be redeemed from impoundment by the owner, within the time
stated in the notice of impounding, upon paymei, of the license fee, a late fee for the license in
the amount established by resolution if unpaid, ttie impounding fees, and all other costs and
charges incurred by the city for impounding and maintenance of said animal. The impounding
fees shall be as established by resolution.
ib) Upon the presentation of a correct license tag and a receipt for an animal license fee
for the current year and for the required fees, the animal control officer shall release to any
owner the animal claimed by him.
(Ord. No. 24 -C, §§ 7, 8, 7- 12 -76; Ord. No. 24 -D, § 2, 8 -2 -82; Ord. No. 24 -E, § 1, 2.10 -86)
Sec. 5 -75. Disposition of unclaimed animals.
Any dog or cat which is not claimed as provided in section 5 -74. within five (5) days after
impounding, may be sold for not less than the amount provided in section 5 -54 to anyone
desiring to purchase the animal. Any animal which is not claimed by the owner or sold shall
be painlessly disposed of and buried by the animal control officer. Whenever any licensed
educational or scientific institution shall request, pursuant to state law, any impounded
animal for research purposes, any such impounded animal remaining unclaimed for five t5)
days after impounding shall be surrendered to such institution.
(Ord. No. 24 -C, § 10, 7.12 -76)
Sec. 5-76. Definitions.
DIVISION 5. DANGEROUS ANIMALS
As used in this section, "dangerous animal" means:
(1) any animal with a known propensity or disposition to unprovoked attacks, to cause
injury to or to otherwise endanger the safety of liumans or other domestic animals.
(2) Any animal that has attacked or bitten any person, except a person that has tor-
mented or abused it.
(Ord. No. 81, § 1, 10 -5 -87)
Sec. 5-77. Regulation of dangerous anim als,
Ownership of dangerous animals within the city, with the exception of ownership by a
public law enforcement agency, is subject to the following regulations:
(1) Leash and muzzle. No person shall permit a dangerous animal to go outside its
kennel or pen unless such animal is securely leashed with a leash no longer than four
(4) feet in length, if possible, or ot'�erwise physically restrained. No person shall
permit a dangerous animal to be kep„ on a chain, rope or other type of leash outside
its kennel or pen unless a person is in physical control of the leash. Such animals may
not be leashed to inanimate objects such as trees, posts, buildings, and the` "like'. in
addition, all dangerous animals on a leash outside the animal's kennel or pen must
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§ 5 -77
CHANHASSEN CITY CODE
be muzzled, if possible, by a muzzling device sufficient to prevent such animal from
biting persons or other animals.
(2) Con fznement All dangerous animals Shall be securely confined indoors or in a se-
curely enclosed and locked pen or kenn except when leashed and muzzled as above
provided. Such pen, kennel or structure must have secure sides and a secure top
attached to the sides. All structures used to confine dangerous animals must be
locked with a key or combination lock when such animals are within the structure.
Such structure must have a secure bottom or floor attached to the sides of the pen or
the sides of the pen must be embedded, in the ground no less than two (2) feet. All
structures erected to house dangerous animals must comply with all zoning and
building regulations of the city. All such structures must be adequately lighted and
ventilated and kept in a clean and sanitary condition.
(3) Confinement indoors. No dangerous animals may be kept in any part of a house or
structure such as a porch or patio that would allow the animal to exit such building
on its own volition. In addition, no such animal may be kept in a house or structure
when the windows are open or when screen windows or screen doors are the only
obstacle preventing the animal from exiting the structure.
(4) Signs. All owners of dangerous animals within the city shall, within thirty (30) days
of the effective date of this division display in a prominent place on their premises a
sign easily readable by the public using the words "Beware of Dangerous Animal" or
similar words. In addition, a similar sign is required to be posted on the kennel or pen
of such animal.
(Ord. No. 81, § 1, 10 -5 -87)
Sec. 5-78. Registration.
All dangerous animals must be registered with the city public safety department within
sixty (60) days after the effective date of this division.
(Ord. No. 81, § 1, 10 -5 -87)
Sec. 549. Penalty.
' It shall be a misdemeanor for the owner of a dangerous animal to fail to comply with the
requirements and conditions set forth in this division. Any animal found to be the subject of a
violation of this division shall be subject to immediate seizure and impoundment. In addition,
failure to comply will result in the revocation of the license of such animal requiring the
immediate removal of the animal from the city.
(Ord. No. 81, § 1, 10 -5.87)
Secs. 5-84 -5-85. Reserved.
Li
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ARTICLE III. HORSES
DIVISION 1. GENERALLY
Sec. 5-86. Definitions.
§ 5 -101 1
In this article, "horse" includes horses, colts, ponies, mules, burros, or llamas,
(Ord. No. 56, § 2, 2- 17.75)
Sec. 5-87. Running at large.
(a) No horse shall be permitted to run outside the confines of the stable area or
enclosed real property of the person who maintains and stables the horse. Any person who
maintains and stables horses within the city and who allows and permits a horse to escape
from a confined area shall be liable for the charges to the city to recover the animal which
shall be at least twenty -five dollars (525.00).
(b) The escape of a horse necessitating recovery by agents or employees of the city
shall automatically suspend the permit to keep horses within the city of the person who
maintains and stables the horse until the Stable Inspector has reinspected the premises for the
keeping of horses and the owner has made payment for the inspection.
Sec. 5.88. Existing stables.
(a) Persons maintaining or stabling horses as of April 24, 1975, shall comply with all
provisions of this article except the requirements of sections 5 -104, paragraphs (a)(1), (a)(2),
and (a)(4). The previous sentence notwithstanding, it shall be unlawful for such persons or
their heirs and assigns to
(1) Enlarge, alter or increase the area of any horse housing enclosure not meeting
the standards set forth in section 5 -104, paragraph (a)(4), or
(2) Increase the number of horses beyond the number of horses stabled on the
subject premises as of April 25, 1975.
Maintenance, necessary nonstructural repairs and incidental alterations of such housing
enclosure shall nonetheless be permitted provided that such maintenance, repairs, or
alterations do not extend, enlarge, or intensify the housing enclosure.
(b) Any exemption under this section from the provisions of section 5 -104,
paragraphs (a)(1), (a)(2), and (a)(4) is void:
(1) Upon the subdivision, platting or replatting of the subject parcel of land for
which a stable_ permit is required; or
(2) In the event that the use of the parcel of land for the maintaining and stabling
of horses is discontinued for continuous period of more than one (1) year.
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Sec. 5 -89. Cruel and Inhumane Treatment of Horses.
'
(a)
Cruel and inhumane treatment of horses shall exist where a person fails to
provide adequate care to horses. Adequate care includes, but is not limited to the following:
(1)
Horses must be provided with food o_ sufficient quantity and quality to allow
for normal growth or the maintenance of body weight. Feed standards shall
be those recommended by the National Research Council.
(2)
Horses must be provided with clean, potable water in sufficient quantity to
satisfy the animal's needs or supplied by free choice. Snow or ice is not an
adequate water source.
(3)
Horses must be provided a minimum of free choice protection or constructed
shelter from direct rays of the sun when temperatures exceed 95 degrees
Fahrenheit, from wind, and from freezing precipitation. Natural or
constructed shelters must be of sufficient size to provide the necessary
protection. constructed shelters must be structurally sound, free of injurious
matter, maintained in good repair, and ventilated.
(4)
Constructed shelters except for tie stalls must provide space for the animal to
roll with a minimum danger of being cast. Stalls must be cleaned and kept dry
to the extent the animal is not required to lie or stand in fluids. Bedding must
be provided in all stalls, kept reasonably clean, and periodically changed. The
nature of the bedding must not pose a health hazard to the animal.
(5)
Horses must be provided opportunity for periodic exercise, either through free
choice or through a forced work program, unless exercise is restricted by a
licensed veterinarian.
(6)
All horses must have their hooves properly trimmed periodically to prevent
lameness.
(7)
A vehicle used to transport a horse r.�ust have a floor capable of supporting the
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animal's weight safely. Floors must. be of nonskid construction or of nonskid
material sufficient to provide the animal with traction while in transport. A
minimum of 12 inches must be allowed between the whithers of the largest
horse and the structure above the animal while it is in a natural standing
position. Sturdy partitions must be provided at a minimum of approximately
every ten feet inside the vehicle. Interior compartments of transporting
vehicles must be of smooth construction with no protruding of sharp objets
and must provide ventilation. Food and water must be provided in sufficient
'
quantities to minimize stress and m iintain hydration.
(b)
- No person 'shall'trear`a`harse °in`a cruel'or °rnhumane�marrrre.
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- ��•. Required.
No person shall maintain or stable horses in the city without a permit issued by the city,
f (Ord. No. 56, § 2, 2.17.75)
Sec. 5 -102. Application.
Application for the permit required by this division shall be made to the city upon a form
furnished by the city. A nonrefundable application fee in the ainount established by resolution
shall be paid to the city when the application i.,'filed.
(Ord. No. 56, § § 2, 3, 2- 17 -75)
Sec. 5 -103. Horse committee.
The Stable Inspector shall inspect the premises of those seeking a stable permit
and shall approve an application that is in compliance with this chapter or disapprove
applications that are not in compliance with this chapter for permits under this
division.
(Ord. No. 56, § 4, 2- 17.75)
Cross reference — Boards and commissions generally, § 2 -46 et seq.
`'11Z Sec. 5 -104. Issuance.
(a) A stable permit shall be issued by the city clerk upon approval by the Stable
Inspector if the following conditions are met:
(1) Minimum acreage for two (2) horses shall be one and one -half (1 1/2) acres
and for three (3) horses shall be two (2) acres, and an additional one -third acre
shall be required for each additional horse.
(2) No stable permit shall be issued for a lot of less than one (1) acre.
(3) Such area shall be enclosed by a sturdy wood, metal, or electrical fence which
will keep the animal or animals confined within.
(4) A shelter or stabling facility which will keep the animal or animals
comfortable and protected from t} e elements and which shelter or stabling
facility shall be no closer than one hundred feet (100') from any structure
other than the applicant's, which is used for residential purposes.
(S) The shelter or stabling facility shall be so located so as not to create a public
nuisance.
(6) The shelter or stabling facility shall be clean and sanitary such that it will not
be a harborage for rodents, flies and insects.
(7) Keeping, storing, stabling, or mainte iance of horses shall not directly
contribute to the pollution of any pAic body of water.
(8) Accum•,Wat ons,of_manure shall, be located at 4- cast - onenhundred• - feet'(1001)
from any well;
(9) All accumulations of manure shall be removed at such periods as will ensure
that no leaching or objectionable odors exist, and the premises shall not be
allowed to become unsightly.
(b) The city council may approve applications for stable permits which do not meet all the
requirements of this article where such exception would not be inconsistent with the intent of
the article.
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Sec. 5 -105. Annual registration.
ANIMALS AND FOWL
§ 5 -106
(a) The holder of a stable permit shall register annually with the city by completing
and submitting an application form as provided in section 5 -102, based on the current status
of the stable under permit, by June 1 of each year. Upon filing the application form, the
holder shall pay to the city a nonrefundable inspection fee in the amount established by
resolution.
(b) Failure annually register with the city as required will result in automatic
cancellation of the stable permit. The holder of a canceled stable permit shall be required to
make application for a new stable permit; the subject premises shall be inspected as provided
by section 5 -103; and in no event shall the city issue a new stable permit to the holder except
upon approval by the Stable Inspector.
Sec. 5 -106. Revocation.
A permit issued pursuant to his division may be revoked by the Stable Inspector if it
is determined, after investigation by the Stable Inspector or a designated employee and after
holding a hearing thereon, preceded by notice of the hearing to be given to the holder o f the
permit mailed to the address shown on the application or most recent annual registration
statement at least ten (10) days prior the hearing that:
(1) The permit holder has not maintained the standards set forth in section 5 -104;
(2) The winter accumulation of manure is not removed from the stabling area
prior to May 1 of each year or as soon as is practicable thereafter;
(3) The permit holder failed to make a reasonable effort to keep the horse, or
horses, under control and contained within the applicant's stabling area;
(4) The permit holder has treated a horse cruelly or inhumanely or has not
furnished adequate care to a horse as set forth in section 5 -89.
(5) The horses are kept, stabled, boardeu, or harbored in such a manner as to
constitute a public nuisance; or
(6) The accumulation of manure presents a hazard to public health.
Sec. 5-107. Violators.
- Any°person�in- violation -'of'mirp art�of this'ordirtance shall be guilty of a
misdemeanor, and each day a violation exists shall be considered a separately prosecutable
offense.
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1
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
FEBRUARY 7, 1996
Chairwoman Mancino called the meeting to order at 7:10 p.m.
MEMBERS PRESENT: Craig Peterson, Mike Meyer, Ladd Conrad, Bob Skubic, Nancy
Mancino and Don Mehl
MEMBERS ABSENT: Jeff Farmakes
STAFF PRESENT: Kate Aanenson, Planning Director; Sharmin Al -Jaff, Planner II; Bob
Generous, Planner II; and Dave Hempel, Asst. City Engineer
CONSIDER AN AMENDMENT TO THE CITY CODE TO ALLOW COMMERCIAL
RAISING OF FUR- BEARING ANIMALS OPERATION OF RIDING STABLES
COMMERCIAL STABLES AND KENNELS IN THE BF FRINGE BUSINESS DISTRICT
NANCY LEE.
Public Present:
Name Address I
Nancy Lee Shakopee
Pat Blood Shakopee
Sharmin Al -Jaff presented the staff repoit on this item.
Mancino: Are there any questions? Do any of the commissioners have questions right now
for Sharmm? I dust have one or two, just kind of big ones. Overall ones. There is no place
in Chanhassen where you can take your dog to a kennel overnight right now. I mean this is
filling that need.
Al -Jaff: Correct. I
Mancino: And when the public safety finds a stray dog or a stray cat or a stray raccoon or
something, where do they take it now?
Al -Jaff: Scott County.
- <tttrrz, . P�rrdstore�g�srtrrglii�e }ors= inttC�atty" Aecrlrrrrea
kennel?
1 Planning Commission Meeting - February 7, 1996
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Al -Jaff: I'll back up just one second. At times they do contact some local vets and see if
they would keep them overnight. There is a need established in Chanhassen, in Carver
County for a Humane Society and I found that out after I spoke to the Public Safety
Department. Scott County does have commercial kennels. But there is a need for one in
Carver County.
Mancino: In Carver County. So this could be the one in Carver County?
Al -Jaff: Yep.
Mancino: Thank you.
Conrad: I had a question. Where did we get the specifications that we're applying here?
And most specifically with the, well I'm looking on page 3, item number 4, in terms of
setbacks. Where did we get those?
Al -Jaff: City Attorney's office.
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Conrad: Okay.
Al -Jaff: They have established criteria for other communities and that was the criteria they
went with.
Conrad: My only concern, literally a kennel is noisy and 200 feet, which is the biggest
number that I see in point number 4, is not much block anything. So I'm just curious if we're
within standards of other communities because I know there are complaints with people that
have kennels in Chanhassen. They're probably grandfathered in and the neighbors complain
all the time. The kennel was there first, and I'm probably thinking of one, but the neighbors
moved in later and the neighbors are real critical and you know, noise is the issue. And here
we are saying we're going to allow this and I'm seeing some small numbers that really don't
protect the neighbor from the noise so my only issue, I'm not looking to be a leader in the
metro area in terms of.
Mancino: Housing and urban ideas.
Conrad: Well no, in terms of mitigating this but I sure want to meet minimums. I want to
meet any kind of standards that are out there in other communities. So my only point is, 50
€ eot�r:. 25 �or= �� ;= �ital:lysn�t- �s�p�'�e�s�rrd: r¢;�t girl' l��rei�r�r�eago�tirat�s ;�arrd�`Irrr't
know how to resolve that. I don't, I'm not sure if there's an answer to that. My only answer
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Planning Commission Meeting - February 7, 1996
is that we'd better make sure that, well we'd better make sure that these are the right numbers.
Mancino: Okay.
Al -Jaff: On page 4, number 7. As far as the night hours. We are recommending that they
remain indoors.
Mancino: The other one that you could speak to is on number 9. Dogs are not allowed to
habitually bark in a manner considered a nuisance as identified by the city code or nuisance
ordinance. And what does that mean? What is the nuisance ordinance?
Al -Jaff: We were actually discussing this one before the meeting and we spoke to Public
Safety Officer and what they do is they park approximately a block away from wherever the
noise is originating and they wait for 5 minutes. And during those 5 minutes if the dogs will
bark continuously, then a citation is issued.
Mancino: It has to be continuously or just bark? I know. I'm sorry, we're kind of getting
down to the nitty gritty here.
Aanenson: That was our question. Does it have to be continuous and it's an interpretation of
nuisance. If it's pretty much consistently within the 5 minutes they would...
Mancino: I have some more questions to ask along those lines. I think I'll wait until we
have our public hearing. Any other questions at this point?
Mehl: Yeah, I've got a couple. How close are the existing homes to the surrounding the BF
district? Are there any near -by or are they a mile away?
Al -Jaff: There is Brookside Motel and there are 8 structures there.
Mehl: At the motel?
Al -Jaff: Correct.
Mehl: Okay,
Al -Jaff: And that would be on the west side of this parcel. On the east side there is a used
car lot. So it's not a residential use. Then the homes to the north of the subject site are on
` -WP-0r tlre''b�Wf "'*wd"'tireY"ato ex"ce`ed'�200 "feet °in ` getb - ack. ''Now this`is onx`this"specific`
The other site, this is Gedney Pickle. Located to the west of the second site and the seminary
site is to the east of the second BF district.
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Planning Commission Meeting - February 7, 1996
Mehl: Okay, so there's really no residential that's close, that's within that 200 foot area that
you're talking about?
Al -Jaff: Well with the exception of the people that live at Brookside Motel.
Mehl: Okay. Are there any, like I'm looking at number 6 here in the conditions. Are there
any standards or guidelines in that area? Again I'm looking at 200 feet. ...know what's there
if they're a half a mile away.
Mancino: You're talking about number 6 on page 4?
Mehl: On page 7.
Mancino: Page 7. Accumulations of feces shall be removed at such periods as will ensure
that no leaching.
Al -Jaff: They would have to keep the premises clean to ensure that no objectionable odors
exist.
Mehl: What do they do with them? Do they haul them off -site someplace or do they dispose
of them on site?
Al -Jaff: Yes they do. They have to dispose of them off -site, yes.
Mehl: That's all.
Mancino: Okay, thank you. May I have a motion to open this for a public hearing please?
Com -ad moved, Meyer seconded to open the public hewing. The public hewing was opened.
Mancino: Anyone wishing to come and address the Planning Commission, please do. Come
up and state your name and your address.
Nancy Lee: I'm Nancy Lee. I'm the applicant. I had a quick question... On the accessory
structure... I don't know if it can be changed around... maybe a percentage of the property,
size of the property or something like that because the plans that we have ... that I could
subdivide.
Mancino: Explain that to me a little bit. You could subdivide?
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Planning Commission Meeting - February 7, 1996
Nancy Lee: We've got 15 acres out there... and I'd like to see the accessory structures be
maybe a percentage of the property. That's what we've done in Shakopee, which I know is
different than Chanhassen. If that can't be ... Sharmin has explained that we can subdivide. I
would like to not subdivide if I don't have to but... Are you totally confused?
Mancino: Not totally. Tell me a little bit more, could you describe a little bit of the
accessory structures. You said one would be stables. It could be stables. It could be kennels
where the dogs or cats are houses.
Nancy Lee: Yeah. What we're looking at is, we don't want the horses and dogs together
...they irritate each other—so we would get a separate building for them. My main building
right now, what we're concentrating on is a horse kennel... depending on the needs of
Chanhassen, phase 2 with another kennel. The stables that we're looking at, 1,000 square
feet, if you picture... arena, not even holding the kennel area, or the stable area for the houses,
an arena is going to be bigger than 1,000 square feet ... so an accessory building ... as far as
what we're looking at is, we're not trying to squeeze ... we plan to make them luxury kennels
where they have a good amount of space...
Mancino: However your principal structure doesn't have a limit, correct? I
Nancy Lee: No.
Mancino: So it could be whatever. There is no maximum. Okay.
Nancy Lee: Otherwise that's pretty much what I wanted to say.
Mancino: Okay, thank you. Anyone else wishing to address the Planning Commission?
Seeing none, may I have a motion to close the public hearing?
Com - ad moved, Meyer seconded to close the public hewing. The public healing was closed.
Mancino: Questions and comments. Craig.
Peterson: I guess I'd like to get a little bit more clarification on the accessory structure as it
stands. What was the purpose of limit those to 1,000 square feet? What's the rationale?
Al -Jaff: Our current ordinance has a limit of 1,000 feet on accessory structures and we just
d n t nt t �L t 1s�la r tl am the�l7rr i lirrrg rs ti ,- It - be - a= shed. 1odaresn
have to be a corral.
Planning Commission Meeting - February 7, 1996
Aanenson: I think the other thing there, if you're looking strictly at the commercial district,
we do limit accessories. But if you were in a true agricultural district we do say up to 30%
of the, I believe it's 30 %, of the property. So if this was strictly agricultural or if someone
was going to put a barn or riding stables in, they could go up to 30 %. I think that's
something we may want to consider. The dilemma they would have is, the question you
brought up Nancy, which was a good question. Just make the other building but the problem
is you can't build an accessory building without the principle structure and their desire is to
build the dogs first so they would have to build the accessory. If you put ... like you were
suggesting, they can't build an accessory without the principle the way our ordinance reads
and that prohibits somebody from never putting the... And I think we can accomplish the
objectives but looking at the percentages. If you would give staff some opportunity. Maybe
dust review that with the attorney's office to make sure that, I certainly don't want to do
something that would be detrimental by restricting the site so they can't ride horses. I don't
think that's the objective but we also are concerned that, and that becomes such a large
building that it's, kind of takes away from the integrity of what they're trying to do too, so I
think we can come up with an appropriate percentage.
Peterson: I think with that in mind, I think as we move to vote on this, my recommendation
would be to work out something regarding the percentage. Whatever is within legal
parameters that we have. That'd be my only comment, unless we choose to vote.
Mancino: Mike.
Meyer: I don't have any.
I Mancino: Ladd.
Conrad: On the issue we were just talking about. The accessory structure. I really don't
mind the lot split, or whatever. I'll let staff figure that out but it sounds like you've got two
different uses in a specific case and we're looking at a general case that applies everyplace.
Not to their project. Not to their project. So I'm kind of comfortable with what staff has
proposed. I sure could be swayed based on more information but, and my other comment is,
I'm really, the noise issue bothers me. 200 feet is nothing and the way it reads, 200 feet from
1 an adjacent single family residence. Boy, that would bother me if somebody did that to me.
If I was out there next door, I'd be real irritated so I don't know what the right number is, and
I don't know how to solve that one but 200 feet is, I guess if you're going to have a kennel it
should, and I'm not sure based on where the motel is in this specific case, I'm not sure how
—e+o,3e -we -are° trot' l --da 't- think -we- mere -dmto ,ib'dtirer4 those- p -efopre-so;-wlretirer- th-ey`re- renting -o
whatever. This should not be an impact and so that number makes me uncomfortable and I
just don't have a better one. I don't know what to do in that.
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Planning Commission Meeting - February 7, 1996
Mancino: So would you like to have staff come back and do a little bit of checking on
different cities?
Conrad: I'm real comfortable, I'm comfortable getting it out of here. I think staff can figure
this one out and recommend something to the City Council. We don't have any great corner
on the market on wisdom on this one but staff could look at it and bring it to City Council.
Again, I guess that's it, I'd move it out of here Nancy.
Mancino: Okay, Bob.
Skubic: I share Ladd's concerns about the noise and it seems to me this is a fairly small area,
the business fringe as it's currently defined. Is that likely to change at all? No.
Aanenson: It won't be expanded.
Mancino: It won't be expanded.
Aanenson: Our objective is to try and reduce it.
Mancino: Don.
Mehl: Yeah, I agree totally with the comments that have been made here. Beyond that I
don't have anything else to add.
Mancino: Okay. I just have a couple. To piggyback on the noise and that is, what
exacerbates the noise to me is that there's no limit on how many dogs there can be here. I
mean I don't know if we're talking about 100 dogs on 15 acres or if we're talking about 300
dogs on 15 acres. And that would make a huge difference in the noise level and the
continual noise level so I know that we're limited with horses, which don't make a lot of noise
but you know you have what, one horse per acre or two per acre and a half. Something like
that.
Al -Jaffa Correct.
Mancino: So what's the thinking on how many can go on so many acres?
Aanenson: Really it's part of the conditional use permit. When they come forward, right now
"-y 'e ftrst -sse rrrg-trp -the Varam ters; -the framework for come in'`for a' permit. Now
when they come in, you're going to judge it by the size of the building. Whether or not you
feel like that's acceptable based on that piece of property. That's a condition you'll impose.
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Planning Commission Meeting - February 7, 1996
Is there a magic number? It's really based on the size of the buildings and we'll have to give
you some standards, what we think they should be.
Mancino: Okay.
Aanenson: And that's something that you certainly can put a condition on.
Mancino: Okay, great. So that will come back as the individual applicants come in and you
can give us some guidance on?
Aanenson: Yes.
Mancino: Okay. Terrific. I just have two other questions, and I feel comfortable with some
of the changes that have been suggested already. Just a real, I guess kind of silly one under,
on page 3 Sharmin. If it's unlawful for a person to own or keep three or more dogs or cats, is
this anybody in Chanhassen?
Al -Jaff: Yes.
Mancino: So a farmer?
Al -Jaff: Yes.
Aanenson: He'd need to get a commercial license.
Mancino: Okay. Then under, on page 4, Section 5 -20. With Issuance. Number 8. I would
suggest just, when it says all dogs and cats shall be housed indoors when the commercial
kennel operator is not present at the subject property. I would say when an employee is not
there.
Al -Jaff: Okay.
Mancino: I don't feel it has to be the operator. It needs to be a person in charge and it could
be an employee. And then under 11(b) on that same page. Animals kept outside must have
continual access to shelter. Only because if starts raining or snowing or icing. And lastly. I
would like to see the accessory, the dog runs, etc, further away than 25 feet from public or
private right -of -way. I think that should be set back 50 feet. Otherwise I feel very
"' rr rr Pal Sri ng t iris- �rrrcosCiiy un'cii"rroo ° ith�°the ctiher cornmerits. "Do'I
motion?
Planning Commission Meeting - February 7 1996
Conrad: I would Madam Chairman but I haven't tracked your comments so my motion will
be real.
Mancino: I would certainly add some friendly amendments.
Conrad: Yeah, I'm really, okay. I don't understand the motion that staff has prepared and
that's what I've been leafing through here. My understanding is that this is affecting fringe
business district as well as the industrial district. Is that right? Why, and there's a confusion
of the head. That's in here. Why is that in here?
Al -Jaff: Okay. The standards for the BF district, as far as conditional uses go, specific
conditional uses, are located under industrial. It's standards for business, office, institutional
and industrial districts. That's how they are in the zoning ordinance portion of the city code.
So we're establishing standards.
Conrad: Okay. Just moving them over to business fringe or whatever?
Al -Jaff: Correct.
Aanenson: Correct.
Conrad: Okay. I get it. That's interesting. So my comments before ... say, I'm not
comfortable with what our current ordinance says. When I talk about 200 feet setbacks, that's
really you know, now that I get what this is. Well I'll make the motion just to get us going
here. I'm going to need some help. Basically I'd recommend approval of the proposed
ordinance amendments per the staff report for Article XX. "BF" Fringe Business District, add
the Section 20 -773, Conditional Uses, which in the BF district for commercial kennels and
commercial stables, per the staff report dated January 17th. And really my, per the staff
report.
Aanenson: Maybe to summarize what we're doing really quickly, if that would help. You're
amending the business fringe district to allow commercial kennels and stables.
Mancino: Under the conditional use.
Aanenson: Under the conditional use. We're adding clarity to the definitions as shown here
in bold, commercial kennels, commercial stables. We're clarifying those. And adding these
,- Vmvrwds, - 20 - 1 291
Mancino: And.
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Planning Commission Meeting - February 7, 1996
Aanenson: And conditional use standards under Chapter 5 -22. So that's what we're doing.
So we're actually we're amending the code in those specific places.
Mancino: Four specific places.
Aanenson; Yes. Four specific places. Correct.
Conrad: These will not be changing any of the conditions as in the staff report but my
comments will reflect what I'd like staff to do between the time that it gets, goes from here to
the City Council and one would be to review the accessory structures size limitations. Two
would be to review the setback from the neighborhood. The single family residence. Plus I
would entertain any other kind of additions based on what the Planning Commission has said
in their previous comments.
Mancino: My friendly amendment or adding to that would also to be reviewed the number of
feet from a public or private road right -of -way. And then also under Section 5 -22, under
issuance is to just change that from the operator to employee.
Conrad: I would agree with those.
Mancino: And the last one is under 5 -22. Under issuance on number 11(b). Just having
' continual access so that animals can get in and out.
Conrad: I would agree with that.
Mancino: Is there a second to the motion?
Meyer: Second that motion.
Mancino: Any discussion on the motion? Having none.
Conrad moved, Meyer seconded that the Planning ommission recommend a roval of the
g pp
City Code amendments to the BF, Fringe Business District to allow commercial raising of
furtbeaiing animals, operation of riding academies, commercial stables and kennels, as
amended per- the staff report dated January 17, 1996 and the following revisions by the
Planning Commission:
:, e�et� rlre��tructrrres - srze "'trrrrtratrons.
i 2. Review the setback from the single family neighborhood.
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Planning Commission Meeting - February 7, 1996 1
3. Review the number of feet from a public or private road right -of -way.
LOTS, ONE OUTLOT AND ASSOCIATED RIGHT -OF -WAY ON PROPERTY ZONED
4. Under Section 5 -22, Issuance, change from the operator to employee.
p p yee.
5. Under Section 5 -22, Issuance, number 11(b). Having continual access so that animals
can get in and out.
All voted in favor- and the motion caviied.
'
Mancino: When will this go in front of the City Council? Be presented,
Aanenson: The 26th.
Mancino: February 26th. Go in front of the City Council. Thank you.
JOHN KNOBLAUCH FOR PRELIMINARY PLAT APPROVAL OF 8.35 ACRES INTO 12
LOTS, ONE OUTLOT AND ASSOCIATED RIGHT -OF -WAY ON PROPERTY ZONED
RSF, SINGLE FAMILY RESIDENTIAL; AND A VARIANCE TO THE WETLAND
SETBACK OF 20 FEET FOR LOTS 5 AND 6 BLOCK 2 PROPERTY IS LOCATED
ON THE EAST SIDE OF YOSEMITE AT THE CHANHASSEN- SHOREWOOD CITY
LIMITS. THE PROJECT IS KNOWN AS KNOB HILL.
'
Public Present:
Name Address
Martha Cleveland 6185 Apple Road
Joanne Dake 12336 Ithilien
Dan & Tom Wilder 21740 Lilac Lane
Marc Simcox 21600 Lilac Lane
John Knoblauch 16921 Weston Bay Road, Eden Prairie
Joe Knoblauch 13017 Maywood Lane, Minnetonka
Bob Generous presented the staff report on this item
Mancino: Is the applicant here? And does he wish to address the Planning Commission
Pie'asOr t - & ti the carreit; wlrat`we're10 dking: at now. "Iri the conditions.'R
you could respond to those please. John, could you state your name and address please.
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