5. Paws, Claws & Hooves KennelMEMORANDUM
CITYOF
CHANHASSEN
7700 Marx,et BouieYard
PO Box 147
Char;hassen MN 55,317
Administration
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Recreation Center
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Planning &
Natural Resources
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Public Works
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Web Site
www ci cnx hasser: mu LiS
TO:
Todd Gerhardt, City Manager
FROM:
DATE:
Justin Miller, Assistant to the City Manager-~¢/,
February 27, 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 punic 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 run 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.
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 (firom 10:00 pm to
6:00 am)."
Staff is aware of only isolated complaints regarding barking dogs during these
times.
The City of Chanhassen · A growing communiti with clean lakes quali[y schools a charming downtown thriving businesses, winding trails and beautiful parks A great place to five, work arid play
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 deft'ned 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 vicini~. ."
"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 a five-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, staff is troubled with the complaints that have been
received. Originally staff wanted to place conditions upon the approval of the
kennel permit, but after discussions with legal counsel, it was determined that the
ordinance did not allow for such conditions.
RECOMMENDATION (requires a maiority vote of the City Council)
Staff recommends that the private kennel permit for Paws, Claws and Hooves be
approved, but asks that the City Council direct staff to strictly monitor and
document noise complaints coming from the facility and to review the
commercial kennel permit ordinance for any suggested amendments.
see:. ~18.1.~ COnditions fOr issuance of commer¢!~ ken~.el 'permit. =
After a conditional use permit has been approved by the city council, a commercial kennel
permit shall be iesuedbY the City. clerk if the following conditions are.met: -~
· (1) HoUsing enclosUres for dogs and ~ats shall be at.le~S~/w0.hund~ed (200) feet'~0~i~y
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 commerCiai kennel permit shall, be' issued for a lot of less than one (1) acre:- · .
(4) Housing and shelter must be' provided which will keep onlmals comfortab]~ '~d
protected from the elements, and housing or shelter shall be so lOcated as' hot to c~eate
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 r~moved at such period~ 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.d0gs and' cats shall be housed indOOrs when the commercial kennel emPloyee(s) is
not preseng ht the subject property.
(9) ' Fatty 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.
(10) Outdoor exercise (dog runs).confinement oxeas shall be' screened, and buffered. Such
screening-and buffering.may be.accomplished by usingberms, fencing, a green belt
planting strip (evergreens), or natural .topography.'
'(1i)" The following conditions must be upheld in regard to the site's animal quarters:
a. Indoor housing facilities must be structUrally.s~ound 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 [as] not to
become entangled with chains of other dogs.
d. .Ir/dividual animal enclosures must be of a size to allow each dog to turn around
'fUll½~ stand, sit and lie in a comfortable ~gn~iition.
e. The temperatUre 9f indoor housing facilities shall not be. less than fifty (50)
degrees Fahrenheit for dogs not accustomed to lower temperatures.
Disposal facilities are provided to minimize virus infestation, odo~ and disease
hazards.
Supp. No. 14 269
*' C~EN.CITY CODE
~Adequate s~orage and refrigeration'is provided ~.pro~ec~.fgod Supp~-ag~s~
condO'{haydn ~ detergisan,'~ . '..' ...... .
'(~d. No. ~7, ~.5~_~11-96Y ~-,' ~- ' ..-~ ~- ' ' - ' -" ~'' ' '
E~tor's not~on ~5-of ~d~' ~o. 247~-adoPted'M~ch
ad~g ~ 5-22. ~ order ~ ke?p ~e p~io~.together, ~ch n~ p~sions were ~uded as
~548A at'the:~efi°n'°f the'~r. ' ' '
Sec..~19. R~g at l~e..
No dog or cat sh~ be allowed by i~ o~er ~ ~ at l~ge. '~e p0Hce or ~ consol
0ffices of~e ci~'sh~ ~e Up ~d '~Po~d ~Y dog or ~t fo~d at ]~ge ~ ~ola~on 0f~
sec~on.
No.
2~C,
~ !~ %12-76)
Sec. 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 snmm0ns~ directed.to the. owner, or custodian
Of a dog or c~t Commanding him to appe'ar before the court.to show Cause.~hy the animal
should not be seized and destroyed by any police or ~nimal control officer~ ;or otherwise
disPOsed of.in the'manner authorized in this article upon SW0r~': cOmplaiht being mi~de to the
court that any/one (1) of the folloWing.facts 'exist: -" '" "'
(1)... The ~-imal at any. time has destrOYed property 0r-baSiCally tr6sPas~e'a'~n: a damhging
manner on property ofpersons:-other than the owner;
(2) The animal .has attacked or bi~ten a person outside the owner's or custodian's
premises;
(3)- The animal is vicious or shows vicious habits or molests p~lest~rians or interferes with
vehicles on the public rights-of-way or highways;
(4) The animal is a nuisance as defined; or.
(5) The ~nimal is ~mnlng at large in violation i~fthis article.
(b) The snmmons ~shall be returnable not less than two (2) or more than six, (6) daYS from
thO-date of serviCe"thereof and ~hall be Se~v~'d at ie.a~t'.twb (2~ 'days'bef0[~' ~he time of the
appearance mentioned therein. Upon hearing and fin/i~4'~ the facts trUe'as complained Of, the
court may either order the ~nimal destroyed or order the owner or cUstOdian th'remove it from
the city, or may order the owner or cUStodian.'to keep it' ~o,ifined to~ ~r*geSigiia~l place. If the
owner or custodlnn violates such order any police.or onlmal control officer, may impound or
destroy any animal descril~d in such order.' . -.~
Supp. No. 14 270
'§ 13~2
CHANHASSSS C TY CO )E
(19)
~(20)
Any dog Which' harasses, chases or molests horses, motor vehicles or persons;
To !e. ave any'unused ice box, refrigerator, cooler or other box with a door thereon~which
will exclude air when shut;
(21)
All Other co~iditions, acts, or'things which are liable to ca~e'injur~'t~o the .person Or
property..
~eriei:~l'~P~O~ib~tion~ No person shall, make or cause to b~"~d6, anY-distinctly and
loU'dly audible nOiSe that unreasonably ~nnoys, disturbs, injures, or endangers the
comfort, repose,,:health/~-.peaee, safetY or welfare~ of any pbrson or precludes their
enjoyment of property or affects their propert~fs value. This general piyohibition is not
limited by the' specific restrictions of the following subdivisions:'
Participation in noisy parties or gatherings. No person shali participate in any
party or'other gathering of people giving rise to noise, disi:urbing 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 all p~ersons
present, other than the owner or tenant of the prenfi~es where t~e disturbance is
occurring, to disperse immediately. No.pprson shall refuse ~to leave afte~ibeing
ordered, by a law enforcement officer to do so: Every Owner or tenant of s~ch
pr~mises Who has knowledge: of the diSttirbance sh~ m~e 6~ery reasonable
effort :~o' See that the distUrbance is stoPPed. ·
b. Permit. necessary for lpudspeakers and similar devices. No person shall .use or
operate;''bp ~a~S~ °r allow tO be used or operated, in ,any PuhiiC street'0r place, or
from any air6rai~, or in fror~t:o£ or outside of any public or private building, place
or premises, or.in or through:any window, 'dooi~way or opi~hing of Such bfifldings,
'place: or'premises; abutting on or adjacent: to any public' .~treet or place, any
~. :.devi. ce, apparatu,.s~or instrument for.the amplification, of the human voice or any
other sound or noise, or. any other sound-making or' sound-reprOducing devices,
withtmt a written permit from the city. Application forsueh permit'shall be made
to thO.'city manager or city manager;s designee on forms to be'Provided by the city.
The aplJlieation'~hali require, among othe~ inf~rmation~ ~the h~J~s~ ~d loCation of
theprOpbs~ tiSb. the proposed use complies ~th'the' pr0~i0n~ ~bfthis'article
· and .other .applicable ordinances of the city,, thepermitshall be granted, ~The fee
for such permit is set at ten. dollars ($10.00). -. ;-: ,:. :.~
e. Impermissible,animal no/se. 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'inChidei' but is notlimited
to, the creation 0fany noise byany animal which can be heard by any person, including
a law enforcement officer or animal control officer, from a location outside of the
Supp. No. 13 724
~' .,buildmgor p~t~nnses Where tlie ammal is ,bern. g kept and whlch0mmal noise occurs
repeatedly overat least ~ five:minute pen0d of time w~th one mmu_te o~ less lapse of
(23)~:~-I~urly ~:estrictions on certain operations. ~.... _
a. Recreational vehicles. No person shall, between the hours of. 9:00 p.m. and 7:00
a.m., drive or operate any rain!bike, all terrain_ vehicle', snowmobile, or other
recreational.vehicle, not liCeas~ad for:travel on pUblichighways. This subsection
(23)(a) does not apply to snowmobiles,l'awfally using streets or authorized trails.
:b, .-:'Refuse ~hauling. N~"~i~on ~l~':~t~ or'~e~aove garbage~ or refuse in any
.... residential..district .except between:the hours of 6:3oa.m,' and 6:00 p.m. on any
weekday or:. during these:, same .. hours to.::accomm0date recognized national
~ holidays or a special pickup. .
.- . c. Constructio~i~ maintendnce'..and ~pair~:a~tiv'itie~'~lq~e'rsOii :Shall engage in or
· permit .construction, maln"~nari~e or repai~ actiCities creating noise, including,
. --- but-not limited to, the use of any kind of electric, .diesel, 'pneumatic, or-
gas-powered machine or other power equipment except between the hours of 7:00-
a.m. and 9:00 p:m. on any weekday or between the hours of 9:00 a.m. and 9:00
p.m. on Saturday, and no such activity is permitted on Sundays or on the
following public 'h~lidays: NeW 'Yea~s Day, Membi-iM Day, Iadependence Day,
Laber'.Day,..Thoi4k~giv~g Day and ;"C~t~as Daj~ P&~idehtial-Construction,
repairs,Vi' iii~teriai4Cei:'incliiding ia~mgin'tenan~e-, Cohdu~tqd by thehomeowner
or oe~upaht:~haH be: [o6imaitted betWo~i~'th'e''ii~o6~ :Of;'8~00 a:~. and 9:00 p.m. on
:Sund~iYs ~d publi~' holidays~ ::Tho~tise ~of ~l~fronid ~'~ de~en~. (aka, "bug
. zappers') is limited to Use between the.hoUr~.-~pf:9~00:a~m._and 9..'00 p,m. during the
· 'seven (7,). weekdays? Residenti~ snow x.emg~al is,. not ~ted. by this section.
d. Violation of this subsection is.a misdemean6r:'' ' ~ .:
(24) .Nuis~.,~S l. igat on residential.properties, ,
a. Definitions. In this section: :"
' .,~ (D Direct. glare means an excessive brightnesscOn~ast p~0dt~cing a sensation
..... , of.~sual discomfort resulting k.oln-insufficiently shielded~light source in the
field of view.
(ii) Intermittent light me.aaa ap..y ~a~cial .light ~which flashes, revolves or
flu%t~ua~es in ~uch ,a manner :that .the yariance :is. easily distinguished by
personal observation. ~ .: :,: ;.~,. ....
(iii) Light source means a device (such as alamp) which provides visible ~nerg~.''
(iv) Light trespass means light emitted that is visible beyond the boundaries of
the property on which the light source is located.
(v) Person means an individual, firm, partnership, tr0$tee, agent, association,
corporation, company, gOVernmental 'agency, 61ub or orgamzation of any
Supp. No. 14 72~~
BARBARA ,T. FORCi~
,Tanuary 2, 2004
1001 Hesse Farm Rood,
Chaska. MN 55318
(952)496-1658
Mr. Todd Gerhardt
City Manager
Chanhassen City Hall
690 City Center Drive
Chanhassen, MN 55317
bear 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. ]~f this was just an occasional occurrence, we would not raise a fuss. However, it
is ongoing.
We realize that this will not bean 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,
Barbara Force
RECEIVED
JAN 0 2 2084
CITY OF CHANHA881EN
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 CaroFStainbrook
1070 Hesse Farm Rd.
Chaska, MN 55318
952 445-7332
RECEIVED
JAN 0 5 2004
CITY OF CHANHASSEN
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 enlbrce the
ordinance that prohibits barking.
Thank you for your assistance with this matter.
Sincerely,
Bruce and Susan Rech