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2 KennelPermit PawsClaws&HoovesCIT OF CHA EI 7700 Market Boulevard PO Box 147 Chanhassen, M N 55317 Admioistrstion Phone: 952.2271100 Fax: 952.2271110 Buildieglospections Phone:952.2271180 Fax:952.2271190 Engieeering Phone:952.2271160 Fax:952227.1170 Finance Phone:952227.1140 Fax:952.227.1110 Park & Recreation Phone: 952.227.1120 Fax:952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952227.1400 Fax:952.227.1404 Plaaning & Natural Resources Phone: 9522271130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 SeniorCenter Phone:952,2271125 Fax;9522271110 Web Site w',~.cLehanhaaxen mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: DATE: Justin Miller, Assistant to the City Manager.~tP'O~ January 28, 2004 RE: Commercial Kennel Permit - Paws, Claws and Hooves, 10500 Great Plains Boulevard BACKGROUND Paws, Claws and Hooves, located at 10500 Great Plains Boulevard, is an animal boarding and veterinary service. As part of their operations, they are required to apply for a commercial kennel permit each year. These permits are published in the Chanhassen Villager for public comment. If no public comment is received, and the kennel inspectors find no concerns, then the permit is issued. In this case, staff received three written protests from residents surrounding the business, therefore City Council action is required for approval according to City code. The concerns that were received deal mainly with barking dogs that are kept or let outside (letters attached). There are two documents that govern the Paws, Claws and Hooves operation. First is a conditional use permit (CUP), which was issued in 1996. The CUP grants the owners the ability to mn a commercial kennel at this location, contingent on following City code sections relating to commercial kennels. In 2001, the City and Paws, Claws and Hooves went to court challenging their CUP over the issue of noise coming from their facility. Noise complaints are extremely difficult to prosecute, and the decision in this case was found in favor of Paws, Claws and Hooves. While there was evidence of barking noise coming from the facility for more than the code limit of five minutes, the presiding judge claimed that the City could not identify a single dog that was barking for more than five minutes, therefore there was not a violation. Collecting evidence to support that a single dog is barking for more than five minutes is troublesome, because in order to collect this evidence, a person might be seen by the animal. Therefore, it could be argued that collecting the evidence actually caused the barking. The second document governing this operation is a commercial kennel permit, which is being considered with this request. Several sections of the City code that deal with kennel permits should be addressed: Section 5-18.1(7) states: "All dogs and cats shall be housed indoors overnight (from 10:00 pm to The City of Chaohassen ,* A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks A g,eat place to live, work, and play 6:00 am)." Staff is aware of only isolated complaints regarding barking dogs during these times. Section 5-18.1(8) states: "All dogs and cats shall be housed indoors when the commercial kennel employee(s) is not present at the subject property." This does seem to be an issue, in that many times when complaints are received, there is not a way to contact employees to address the barking dogs. Section 5-18.1(9) states: "Facility employees shall ensure that dogs are not allowed to habitually bark in a manner considered a nuisance as defined by the City Code or nuisance ordinance." Due to the received complaints, it appears that employees are not meeting this requirement. Section 13-2(22)(c) of the Chanhassen City code states: "Impermissible animal noise. No person owning, operating, having charge of, or occupying any building or premise shall keep or allow to be kept, any animal which shall, by any noise, unreasonably disturb the peace and quiet of any person in the vicinity." "The phrase "unreasonably disturb the peace and quiet" shall include, but is not limited to, the creation of noise by any animal which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the building or premises where the animal is being kept and which animal noise occurs repeatedly over at least afire-minute period of time with one minute or less lapse of time between each animal noise during the five-minute period." Staff and legal counsel do not believe that the commercial kennel permit should be denied. However, after meeting with neighbors who were concerned with the noise coming from this facility, staff is recommending that two conditions be placed on the commercial kennel permit renewal. RECOMMENDATION (requires ama, iority vote of the City Council) Staff recommends that the private kennel permit for Paws, Claws and Hooves be approved, but with the following conditions, which are consistent with City Code: 1) 2) A phone number be provided to the City and SheriWs Department so that an employee or operator of the kennel can be contacted if legitimate complaints are received. An employee must be present outside when animals are allowed to be outside. § 5-18:1 Sec. 5.18.1. Conditions for issuance of commel~C~al k~nuel permit. A~er a ~n~on~ use ~t h~ ~n ap~ ~ ~e ~W ~ a ~mm~ k~ ~t ~ be ~ ~ ~e ~W ~k ~ ~e fo~g ~n~fio~ ~,me~ (1) Ho~g ~d~ for do~ ~ ca~ sh~ ~ at]~ ~h~ (200) f~t ~om ~y n~bo~g r~denfi~ s~e ~ed f~ hm~ h~on. (2) ~d u~n w~& do~ ~e W ~ sh~ m~t ~ s~d~ by a ~dy fen~ w~ ~ keep do~ confine. (3) No c~m~ ke~ ~t ~ ~ i~u~ f~ a lot ~less ~ one (1) a~e. (4) Hou~g ~d sh~r must ~ p~d~ w~ch ~ k~p ~nlm~s ~ble ~d pw~c~ ~om ~e ellen,, ~d hous~g or ~el~r sh~il be so l~ ~ not ~ ~ea~ a n~. (5) Accm~ons off~s sh~ ~ ]o~d at le~t ~o h~ed (2~) feet ~m ~y wen. (6) ~ acc~afi0ns of f~es sh~ ~ ~m~ed at su~ ~ ~ ~ e~e'~at no leaching or objectionable ~o~ e~t, ~d ~e pr~ses sh~ not be ~owed ~ ~me ~ighfl~ (7) ~ d~s ~d ca~ sh~ ~ ho~ ~d~ ~e~ght (~m 10 p.m. ~ 6 a.m.). i8) ~do~ ~d ca~ sh~ ~ h0~ ~d~rs when ~e wmm~d~ k~el employs) ~ n~ p~nt at ~e subj~ ~. (9) Fa~W ~pl~ sh~ e~e ~t dogs ~e -not ~ow~ ~ ~bim~y b~k ~ a wgnner co~idered a n~s~ ~ d~ bY ~q ~ C~e or n~s~ce o~ce. (10) Outer ex~e (dog ~) contingent ~ sh~ ~' s~n~ ~d b~er~. Su~ s~g ~d b~ may ~ a~mp~sh~ ~ ~g ~, fen~g, a ~n belt pl~g s~p (eve~), or ~ ~aph~' (11)' ~e foH~g con~fio~ m~ ~ upheld ~ ~g~ ~ ~e rite's ~nlm~ qu~: a. ~d~r hou~g fac~fies must ~ ~y sold ~ ~ple heat, ~ght, ~d ven~afion. b. Anlm~ kept ou~ide mu~ have ~n~u~ access ~ ~nlm~s c~ get ~ ~d out ~ shel~r ~d p~ ~em ~om s~, r~, ~d sn~. ff 8nlm~s ~ ~nfin~ by ~, su~ &alns must be a~ch~ ~ [~] not ~ ~me en~ ~ ~in~ of o~er do~. d. ~du~ anlm~ en~ m~ be of a s~ ~ ~ ea& dog W ~ ~d ~y, s~d, sit ~d He ~ a co~ble ~on. e. ~e ~m~rat~e of ~d~ hm~n~ raffles shsll not ~ le~ ~ ~ (50) de~ F~e~eit f~ do~ n~ ac~sWm~ W l~er ~m~ra~es. h~. Supp. No. 14 269 § 5-18.1 CHA_NHASSEN CITY CODE g. Adequate stol-age and ~geration is provided to pro~-~-~ food supplies a~alnnt cont~mlnati6n and detecl0'i~a~ion. (Ord. No. 247, § 5, 3~11-96) .. Editor's note ' ,~ction 5. of Ord~ 1~o. 247~ adoPted March 11, 199~; 'amended the Code by adding § 5-22. In order to keep like provisions together, su ..ch new provisions were included as '§'5,18.1 at the discretion 0fthe editor. Sec. 5,19. Running,at !arge.. No dog or cat 8hnll be allowed by its owner to run at large.'The po]ice or ~nlmal control officers 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) See. 5-20. Abandonment. No person shall abandon any dog or cat within the city. (Ord. No. 24-C, § 21. 7-12-76) Sec. 5-21. Destruction. (a) A court of proper jurisdiction may issue a 8,1mmoils ~ .to tho O-~lle]~ or custodian of a dog or cat cOmmanding him tO appear be~re the court to show cause why the should not be seized and destroyed by any police or ~n;mal control officer, or othe~wlse disposed 0fln thomanner authorized in ibis articlo upon sworn complaint being made to the court that anyone (1) of the following facts (1) . The ~nlmnl at any time has destroyed property or habitually trespas~s in a damaging m~nner on property of persous other than the owner;, (2) The nnlmal ha~ attacked or bitten a person outside the owners or custodian's pr~mmes; (3) Tho animal is vicious Or shows vicious habits or molests pedestrians or interferes with vehicles on the public rights-of-way or highways; (4) The nnimal is a nuisanes as defined; or (5) The ~nlml~.l is lnmnlno~ at large in violation bfthis article. (b) Tho sllmmous ~hali be returnable not l~s than two (2) or more than six (6) days from the dats of service'thereof and Shall be served at lea~t two (2) days befoi~ the time of the appearance mentioned therein. UP°n hearing and fin/t~ the facts true as complained of, the court may either order the nnlmal destl~y~d or ordar the owner or t?ustodian to remove it t~om the dty, or may order the owner or custodian'to keep it Co~fined t0-a'~Iesig~ted place. If the owner or cuStodlnn violates such order uny police or nnlma] cOntrol officer, may impound or destroy ally nnlmal describe~l in such order. Sup~ No. 14 270 § 13-2 (19) 120) I21) (22) CHANHASSEN CITY CODE Any dog which harasses, chases or molests horses, motor vehicles or persons; To leave any'unused ice box, refrigerator, cooler or other box with a door thereon which will exclude air when shut; All other conditions, acts, or thln~s which are liable to caUSe injury to the person or property. General prohibition. No person sh,il make o~ cause to bo mad~ any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, . health, .peace, safety or welfare of any phrson or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions of the following subdivisions: a. Participation in noisy parties or gatherings. Bio person shall participate in any party or other gathering of people giving rise to noise, disturbing the peace; quiet, or repose of another person. When a law enforcement officer determines that a gathering is creating such a noise disturbance, the officer may order ali persons present, other th,n the owner or tenant of the premises where the disturbance is occurring, to disperse immediately, No pg_ rson shall refuse to leave alte~; being ordered by a law enforcement officer to do so. Every owner or tenant of s~ch premises who has knowledge of the disturbance shall make every reasonable effort'to see that the disturbance is stopped. b. Permit necessary for loudspeakers and similar devices. Bio person shall use or operate, or canse or allow to be used or operated, in any public street or place, or fi'om any air/raft, or in front,of or outside of any public Or private building, place or premises, orin or through:any window, doorway or opening of such b/gidings, place or premises, abutting on or adjacent to any public Street or place, any device, apparatus or.instrument for the amplification of the human voice or any other sound or noise, or any other sound-m~ing or sound-reproducing devices, without a written permit from the city. Application for such permit Shall be made to th~dty manager or city manager~ designee on forms to be prOvided by the city. The aPPlication ~ require, among other informatiOn,'the hodrs' and location of the proposed uso. If the proposed use complies with the provisions'of this article ~nd other applicable ordinances of the city, the permit sh~l! bo granted. The fee for such permit is set at ten dollars ($10.00). c. Imperrniasible unimal noise. Bio person owning, operating, having charge of, or occupying, any building or premise shall keep or allow to be kept, any ~nlmal which shall, by any noise, unreasonably disturb the peace and quiet of any person The phrase "unreasonably disturb the peace and quiet" shall include, but is not ]imltod to, the creation of any noise by any ~nlmal which c~l bo heard by any person, including a law enforcement officer or ~nlm~l control officer, from a location outside of the Supp. No. 13 724 I~JL~ANcF~ § building or pie~i~es Where the ~'mm~l ~ ~ k~t ~d w~& -mmnl ndse ~-~er at le~t a. fiv~m~ml~ ~ ~ ~e ~ one mlnu~ or le~ (23) Ho~y ~s~ on ~ o~. a. ~c~a~ mh~s. ~o ~on zh~ll, ~ ~e ho~ o~ 9:00 p.m. ~d 7:~ a.m., ~ve or o~a~ ~y mlnlb~e, ~ ~ v~e, ~o~mob~e, or o~ r~ verde not Hc~ f~ ~v~ on public ~ghwa~. ~a) d~s not app~ to snowmob~qa~ ,~ng s~ or au~o~ b. Re~ '~uli~. NO ~on ~]1 cb~ or~ ~ba~ or r~se ~d~~ ~t be~e~ ~e h~ of 6:30 a.m. ~d 6:00 p.m. on w~ay or d~g ~eze s~e ho~ ~ a~m~ r~o~ na~on~ hoHda~ or a ~ pimp. c. ~t~n, ~nte~e a~ ~ir~vi~s.:~o ~on ~ ~gage ~ or ~t ~on, m~ce or m~ a~es ~ea~g noir, ~u~g, but not llmi~ ~, ~e ~ of ~y ~nd of'el~c, ~1, pne~a~c, or g~-powe~d ma~e or ~er~ ~p~t ~ept ~ ~e ho~ ~7:~ a.m. ~d 9:00 p.m. on ~y we~d~ or ~n ~e ho~ of 9:00 a.m. ~d 9:~ p~. on Sa~a~ ~d no su~ a~ ~ ~d on S~da~ or fo~o~g public h~Hda~: N~ Ye~ Da~ M~m~ Da~ ~dependence Day, Labor Day, ~k~g Day ~d ~ D~. ~d~ ~on, or ~p~t ~h~ ~ p~ ~0 ~o~ ~8~ a~m. ~d 9:00 p.m. S~da~ ~d public holiday. ~e of ~c ~ect de~en~ (nkk, ~p~") is limi~ ~ Use ~e~ ~e ho~0fg~ a.m..~d 9:~ p,m. d~ s~en (7) we~da~, ~d~ ~m~ ~ not llmi~d by d. ~ola~o~ of ~ subs~on ~ a (~) Nu~ l~ht on ~s~n~l p~p~s. De~it~. ~ ~s se~on: (i) Di~t gl~ me~ ~ ~ive b~ ~t pr~u~ng a s~sa~on of ~su~ ~o~ r~ ~ ~y s~d~ ~ght ~e fi&d of ~. (~) In~ittent l~ me~ ~y ~ ~t w~ch fl~h~, revolv~ or ~o~ oblation. (~) L~ht ~u~ m~ a d~ (su~ ~ a Inmp) W~ ~des ~ble en~ (iv) L~ht ~s~ me~ Hght e~ ~t ~ ~ble ~nd ~e bo~ ~e p~ on w~ ~e Hght ~ ~ 1~. (v) Per~n me~ ~ ~du~, ~, ~p, ~, ~ ~on, c~on, ~mp~y, ~~' ~ ~ub or or~ni~a~on o~ 8upp. No. 14 725 BARBARA 3. FORCE .Tonuary 2, 2004 Mr. Todd Gerhardt City Manager Chanhassen City Hall 690 City Center Drive Chanhassen, MN 55317 1001 Hesse Farm Road. Chaska. MN 55318 (952)496-1658 Dear Mr. Gerhardt, This is in response to the application by Paws, Claws & Hooves Pet Boarding to renew the Chanhassen Kennel Permit Application. We object to the renewal of this permit. The continued barking from this facility has proved to be extremely disruptive to those of us who live in the proximity. The barking often begins at 7:00 a.m., and frequently continues until evening. The barking may be a single dog that is barking repeatedly, or multiple dogs barking at the same time. Although we are cognizant of the needs and rights of business owners, we find it frustrating as we moved here 27 years ago because of the peace and tranquility of the area. If this was just an occasional occurrence, we would not raise a fuss. However, it is ongoing. We realize that this will not be an easy problem to solve at this point. However, we feel that a business of this type would be better placed in a setting that would not affect private residences. We thank you for your attention to this matter. Sincerely, Barbera Force RECEIVED JAN 0 P. 2004 CITY OF CHANHABSEN January 5, 2004 City Manager City of Chanhassen 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 Re: Kennel Permit Application for Paws, Claws & Hooves Pet Boarding, 10500 Great Plains Blvd. We would like to comment on the renewal prospect of this Kennel Permit. Although it seemed that the use of this piece of land would be good to accommodate a business such as an animal boarding place, the business really makes for a lousy neighbor. If our next door neighbors dog is barking too much we can tell it to "shut up". It's really hard to tell the entire kennel to "shut up". There have been many times we have wished we could do just that. Our home is several houses inside the Hesse Farm neighborhood and from the "dog barking" coming from the kennel we're very glad. Although we'd rather have our windows open to the air we can close them to block out the noise. We don't know how the new houses being built on the bluff right above the kennel can tolerate it. We don't know what options the City has as far as this permit is concerned, but if there were an option that eliminates this noise source of pollution then that would be a good choice. We appreciate your efforts as you try to balance the property uses inside our community. Thank you in advance for any thing you can do to eliminate the noise coming from Paws, Claws & Hooves Pet Boarding. Respectfully, Michael Ladd and Caror'Stainbrook 1070 Hesse Farm Rd. Chaska, MN 55318 952 445-7332 RECEIVED JAN 0 $ 2004 Bruce and Susan Rech 1000 Hesse Farm Road, Chaska, MN 55318 952-445-0244 January 1, 2004 City Manager 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 Dear City of Chanhassen, This letter is in response to the notice in the Chanhassen Villager, dated 12/25/03, for the permit renewal of Paws, Claws and Hooves Pet Boarding. We are strongly opposed to the renewal of the permit to Paws, Claws and Hooves kennel. Despite numerous calls to the county Sheriffs Department and their prompt response, Paws Claws and Hooves continue to allow their dogs to bark from 7a.m.-7p.m. Multiple dogs bark for several hours at a time. This incessant noise pollution is a tremendous nuisance to the residential community surrounding this kennel. Any commercial business should be sensitive to the environment of nearby residences. We have copies of numerous correspondences to the City of Chanhassen, dating back to September 1999, urging the City to take some action in curtailing this problem. Despite these efforts, the nuisance of barking dogs continues to be present. Therefore, we respectfully request that the renewal permit for Paws, Claws and Hooves Pet Boardingbe denied. We are hopeful that the fact the City of Chanhassen sends stray dogs to this kennel will not affect the decision making process. The failure of Paws, Claws and Hooves Pet Boarding to be respectful of the nearby residential neighborhoods indicates to us they should not have a permit for a commercial kennel. We request the City of Chanhassen not renew the permit to these kennels, and enforce the ordinance that prohibits barking. Thank you for your assistance with this matter. Sincerely, Bruce and Susan Rech