Loading...
7. Kennel Permit, 1630 Lake Lucy Rd I 2.: CITYOF ,.....,.... I .,, :, CHANHASSEN 1 `\ _ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 "'''7 (612) 937-1900 Action by City P mintstrntor IMEMORANDUM EnrILrs.ca_A/ A,0 Mo- ii.c i_ '° ITO: Jim Chaffee, Public Safety Director act``—__ Dee 6/weS FROM: Scott Harr, Assistant Public Safety Director pate Submitted to t .,^,,s, n I DATE: June 20, 1989 012 t/I) ._. .___ SUBJ: Windwalker Kennel I Attached please find two responses to our letter that I did not 1 have upon preparing the previous memo I had submitted on this matter. 1 Attachments cc: Al Krueger, 1600 Lake Lucy Road, Excelsior, MN 55331 IPhil Mathiowetz , 1630 Lake Lucy Road, Excelsior, MN 55331 Director' s Comments: As you can see the material regarding this I issue is becoming quite extensive. We now apparently have two attorneys involved, one for Mr. Mathiowetz and the other for Mr. Krueger. We have contacted the surrounding neighborhood, adja- cent property owners and have received several verbal reports I ( see attached) and two written letters indicating there is no problem and two letters indicating that there could be a problem if in fact they lived closer. IThis is a tough call to make requiring the wisdom of Solomon and I would suspect he would have a hard time. The two written I responses indicating that there could be a problem with the barking have really no basis of fact and lack any substantive information regarding the issue at hand. Public Safety is not denying that there could be a problem. We have handled too many I nuisance calls involving barking dogs to take Mr. Krueger' s con- cerns lightly. I am not however, satisfied that there is a problem with the barking dogs that would justify not issuing the I kennel permit at this time. We have always maintained that if there is a problem the remedies open to Mr. Krueger are the same as they would be for any citizen. If in fact Mr. Mathiowetz chose to keep two dogs on his property, not requiring a kennel Ipermit, the remedies would still be the same. I MI -- I Mr. Krueger has been advised time and time again to call the Sheriff' s Department when there is a problem. Our information to date does not indicate there is a problem worthy of not recom- mending the issuance of a kennel permit. The Sheriff' s Department has been directed to issue citations should they be able to verify a problem. RECOMMENDATION , It is staff' s recommendation to issue the kennel permit to Windwalker Kennels, 1630 Lake Lucy Road, c/o Phil Mathiowetz . II • i 1 I 11 I CITY OF •1 I CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 "�7 (612) 937-1900 1 May 24 , 1989 1 Mielke Residence 1 1645 Lake Lucy Road Excelsior, MN 55331 1 Dear Resident: On June 5 , 1989, the Chanhassen City Council will be considering whether to reissue the kennel permit for Windwalker Kennels, 1 owned by Mr. Phil Mathiowetz at 1630 Lake Lucy Road. The permit is being contested by Mr. Al Krueger at 1600 Lake Lucy Road. 1 While you may have already been contacted by someone from the City inquiring whether this kennel is a problem, we would also like to solicit your input if you have additional comments. Please feel free to contact me by phone or mail prior to June 5, 1 1989 , if you would like. Thank you for your assistance. Since i, , 1 \ . 1 Scott Harr Assistant Public Safety Director SH:ks 1 WHOM IT MAY CONCERN ITO We live directly across the street from the Wirdwalker Kennel . 1 We hear the dogs bark, but since the board fence has been up, the barking does not bother us . If we lived in the Krueger house , we are sure it would bother us . / COL;LJ._ 1 Phillips Residence ' 1571 Lake Lucy Road Excelsior , Mn. 55331 , June 3, 1989 u ' City of Chanhassen 690 Coulter Drive Chanhassen, Mn. 55317 Dear Mr. Harr: I am writing in response to your letter of May 24, 1989 relative to the Windwalker Kennels. First , be advised that neither my husband nor I have ever been ' contacted by any city official relative to the kennel. However, it has come to our attention that someone reported to the council that we have been contacted and quoted on the subject. Whatever has been reported did not come from us. As to the kennel permit, it seems strange that the council pursues a policy that pits neighbor against neighbor. Is it a legal opera- tion for a residential area? Should a kennel be situated less than fifty feet from a busy street where normal street noise can disturbe the does? Our house is probably 350 to 400 feet from the kennel. When we 're on our porch or patio in the summertime, we do hear barking on occasion. Does it bother us? No, not especially, but if we lived closer, I 'm sure it would become annoying. My husband and I often take an evening walk and there are times when ' our conversation is apparently heard by the dogs and they bark. Night-time noises perhaps also alarm the dogs. The family has made a substantial investment in their garage and kennel. However, the siting was not well-conceived. If the opera- tion could be moved to the back of the property perhaps it would be less objectionable . although this might. be objectionable to other neighbors. Do dogs bark? Yes. Is the barking objectionable. It depends on how close you live to the kennel , how the sound is blocked out by buildings , fences and shrubs , and what one ' s tolerance is to the noise of barking dogs. If one is not to operate such a business in a residential neighbor- hood, perhaps the operator should be given a reasonable time to either sell the dogs or move the operation to another location. Yours very truly, ' Arlene Phillips 1 . s7 V CITY OF CHANHASSEN 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 May 31, 1989 Mr. Al Krueger 1600 Lake Lucy Road ' Excelsior, MN 55331 Dear Mr. Krueger: 1 This letter is to advise you that the issue of the kennel permit application for Mr. Phil Mathiowetz will appear on the agenda for the City Council meeting on June 26 , 1989. If you have any questions, please feel free to call. ' Sincerely, / ' Scott Harr ✓ Assistant Public Safety Director ' SH:ks C: Jim Chaffee, Public Safety Director 1 CITY OF CHANHASSEN 1 .„ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 May 31, 1989 1 Mr. Phil Mathiowetz 1640 Lake Lucy Road Excelsior, MN 55331 Dear Mr. Mathiowetz : This letter is to advise you that the issue of the kennel permit application for Mr. Phil Mathiowetz will appear on the agenda for the City Council meeting on June 26, 1989. If you have any questions, please feel free to call. Sincer ry, 1 j r Scott Harr Assistant Public Safety Director SH:ks C: Jim Chaffee, Public Safety Director 1 1 i 1 1 1 1 _ CITY OF CHANHASSEN wt' 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 May 31, 1989 1 1 Mr. Steven L. Gawron Attorney at Law Suite 429 1 Metro Office Park 2850 Metro Drive Bloomington, MN 55420 ' Dear Mr. Gawron: Attached please find the final packet that will be submitted to 1 the Council on June 26 , 1989. Please feel free to call with any questions . 1 Since \y, 1 Scott Harr Assistant Public Safety Director 1 SH:ks 1 1 1 1 r i C1TYOF . . ...� 0 '1, 11BASSEN I 1 ... _ - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 II MEMORANDUM I TO: Jim Chaffee, Public Safety Director FROM: Scott Harr, Assistant Public Safety Directo - I DATE: May 11, 1989 SUBJ: Windwalker Kennel Permit Application I I have completed my inspection as directed by the City Council, I and I am submitting this recommendation to grant the kennel per- mit to M r. Phil Mathiowetz . I have put extensive time into following up on the concerns I expressed by Mr. Krueger, and do not find a sufficient rational basis to deny this permit in light of all of the facts. . I Attached please find the reports from the Carver County Sheriff ' s Office, which indicate five calls from Mr. Krueger from 1987 Ithrough the present. You will notice that at no time did the Carver County Sheriff' s Department deem it appropriate to inter- vene by issuing a criminal citation. Also attached please find a memorandum from Community Service 1 Officer/Animal Control Officer Bob Zydowsky to me, dated May 10, 1989, indicating his follow up with the neighbors. Of the six I people he attempted to contact, four stated there was no problem, one residence appears to be empty, and Officer Zydowsky was unable to contact Mr. Jim Mielke at 1645 Lake Lucy Road. I did speak with Mr. Mielke myself, who told me that the dogs have not I been a problem for them; however, he has heard the dogs barking on occasion in the past, with Mr. Mathiowetz instructing the dogs to stop. He also said that he has heard barking when the II Mathiowetzs have not been at home in the past. . I have also attempted, since our last City Council meeting when I this issue was brought up by Mr. Krueger, to deal with Mr. Krueger personally, as well as through his attorney. I told Mr. Krueger and his lawyer that we will do anything to help mediate differences between the two parties . I had hoped to meet with Mr. Krueger, his II attorney and Mr. Mathiowetz , but the initial time we arranged would not work, and Mr. Krueger' s lawyer has not returned my phone calls to reschedule. I then attempted to speak with Mr. I I I. 1 . Jim Chaffee May 11 , 1989 Page 2 ' Krueger recently at City Hall, encouraging him that we were doing everything that we could to help both he and Mr. Mathiowetz so that they were getting a win/win resolution, to which Mr. Krueger ' said he didn ' t want any resolution to this but to get rid of Mr. Mathiowetz ' s kennel. ' As Code Enforcement Officer for the City of Chanhassen, I am charged with the responsibility of following on up on complaints, determining what action is both legally and reasonably appropriate; and, taking the action that best meets the needs of ' our City. I am unable to substantiate sufficient reason to deny Mr. Mathiowetz his kennel permit. He has always been responsive to Mr. Krueger' s complaints, and continues to do so. Yes, I am ' sure that the dogs have barked; however, I seek to do my job by recognizing that Chanhassen wants to remain in an environment where people can have dogs, and live in a less sterile environ- ment than in a city per se. As long as Mr. Mathiowetz continues to attempt to respond to Mr. Krueger ' s complaints , which he has, then I think that all reasonable attempts are being made to respond to the one individual that has complained. I have jurisdictional and legal authority, as well as limita- tions, that I must bear in mind in following up on any citizen ' complaint. The reason that we post the kennel permit renewal notice is for individuals that wish to complain, as Mr; Krueger has . However, it must be noted that he continues to be the only one that is bothered by the problem. I think Mr . Krueger ' s sta- tement that he wants nothing short of the removal of Windwalker Kennels indicates the fact that, in all probability, no efforts made by Mr. Mathiowetz will be acceptable, other than abandoning ' his operation. Mr. Mathiowetz has complied with all of the legal requirements ' imposed by the City of Chanhassen. We have worked with Mr. Krueger, as has the Carver County Sheriff' s Department, to enforce the law. There have been no violations that anyone has responded to that any of the professionals felt justified to ' take enforcement action. I wish to restate that there is absolutely no collusion between ' Mr. Mathiowetz and Chanhassen Public Safety or the Carver County Sheriff' s Department. If we could substantiate a complaint, in.. accordance with accepted criminal procedure, we would issue the citation, and have advised the Carver County Sheriff' s Office to ' support us in this decision. In conclusion, I hearby recommend that this kennel permit be ' reissued, recognizing that Mr. Krueger continues to have available to him means by which to have action taken at any time that a complaint can be verified. I Of , r ' CITY OF AwE • s s N 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 April 28, 1989 Mr. Al Krueger ' 1600 Lake Lucy Road Chanhassen, MN 55317 Dear Mr. Krueger: This letter is to follow up on-our conversation at the City ' Council meeting on April 24, 1989 concerning the reissuance of the kennel permit for Mr. Mathowitz. We have advised Mr. Mathowitz that he should provide his response to the Council on May 22, 1989. I hope you will understand that we have fully investigated past concerns raised by you; however, we have been unable to substan- tiate these to the degree necessary to take enforcement action against Mr. Mathowitz, or to not recommend the reissuance of his kennel permit. We will, however, continue to be responsive to your concerns , and should your attorney wish to speak with me, I will be haooy to work with him ( I have still have not heard from him) . Thank you for taking the time to express your concerns, and for having prepared for the last Council meeting. I hope that you will continue to feel free to express these concerns to us . Sinc71y, % C.c �.� Scott Harr Asst. Public Safety Director ' SH:ks CC: Jim Chaffee, Public Safety Director I • Al & Carolyn Krueger 1600 Lake Lucy Road IExcelsior, Minnesota 55331 i3,w% - 4 .... y May 12, 1989 `'3i✓ ' ) IDon Chmiel, Mayor ' 690 Coulter Drive I PO Box 147 _ Chanhassen, MN 55317 Re: Windwalker Kennels, Phil Mathowitz IDear Don, I Iam writing in a response to a letter dated April 28 that I received and a conversation Thad with Scott Harr. I was - at city hail the early part of last week on a different matter and I happened to see Scott Harr. He said that he was in contact with Gary Gandrud and was attempting to set up a meeting with both parties involved in this kennel situation. On that part I give him credit for trying to Iwork things out. - , :- . The problem - I have is, that Public Safety Department is disregarding the I councils orders of contacting all concerned residents in the area that are affected by the kennel. When I left the Council meeting after my say on the kennel, I understood that the city staff was to contact all residents in the area regarding the kennel. Well between Jim & Scott, they have I taken it upon themselves to disregard your orders. They have put on the agenda for the May 22 and you will not have the local residents input as to a commercial kennel and it's effects on our neighborhood. . II would advise the council to remove Scott & Jim from this issue as the are NOT neutral on this issue. - III would very much like to attend the council meeting of May 22, 1989, but I will be out of town until the 5th of June. Please if at all possible, reschedule so as I may attend. If you choose to reschedule, this will also I give you time to order Jim Chaffee & Scott Harr to complete the councils motion. Thus reaffirming that you are in control of the city's policies not the departments setting them as they choose. This will also let you I make a decision with all the input needed so it will not need to be tabled again. Please keep me informed as to you intentions. Thanks for you cooperation Ion the 'matter. - - ' Sincerely Al Krueger . . "' "" "._ I MAY 15 1989 City OF CHANHASSEN Copies Scott Harr IJim Chaffee ALL Council people C.:1071 Y OF: 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ' 1 TO: Scott Harr, Assistant Public Safety Director ' FROM: Bob Zydowsky, Community Service Officer SUBJECT: Windwalker Kennel Complaints ' DATE: May 10, 1989 As instructed, I went out to the area of the Windwalker Kennels and asked all residents within 500' of the kennels if they have ever heard or have had any problems with barking dogs fran the kennels. Following, are the addresses and their responses: 6480 Yosemite, Ryan residence, Never any problem 6510 Yosemite, Bast residence, No one at home, phone disconnected ' 1650 Lake Lucy Road, Babatz residence, Never a problem 1690 Lake Lucy Road, Palmer residence, Never knew the kennels were there. ' 1645 Lake Lucy Road, Mielke residence, No one home, no phone contact 1571 Lake Lucy Road, Phillips residence, Never a problem, that's what the contry is for. As you can see by the responses I gathered, there has never been a problem with ' barking dogs or any other type of animal complaint from the kennels. Everyone that I talked to was very sincere and honest about their opinion of the kennels. Bob Zydowsky, atMunity rvice Officer so I . I Picture it . I .. - ,.. • 1 ;.ty home, 1,400 Lake Lucy I I j: „ - . .. - . .! . •• '... .. • -46.4.1......• k.-- - • - - .---.C.:.1: t;.'1 i P-CV*.'••• -=9.4 p I . in 3 * •or- ' ';II ili 14'. -•S.:). ;' "''' 7-tio;••:. -,..-3 41177•01.7 - ..„;••• •Ie - - ,. -‘•.4"-ip,- '' ' 1.)%4 al' . ..sktis Ai •-°"4-14---' i -`"•'''+*v rin‘ ' .- Ar. - •....,, ----...:, &111;31rf .14 VI.oisi I --- - VliffiCali-4'14 '0.4 11 ttpritil -.' ''.42' ..4141-'} .4.1# 4e-if ina • . x.„,:..., . ,,•- t • - ":, w , lea 1.1:..e,' ..• . •iti.'•••• '' '""...1."".=":--'at.,• ' . ...",•‘:1-, •-: -..-.--....71f4i. ..48,11'ss 7.:•.111; •^g.:3".0'.4?-al.- :,Y4.•.•ct. i •- NriA.:•!,,.._,-;•-•••eZ4 ,*--'i`,--Z-.-,..11- .• - . ,44; ...„_•;.,..„....t...-e,et . --... ..: e. ...e it,..; ..f e' ■AI,C.,4)—4.... . S.1". . - e 1,430a.,-,-7-6,- ■749 ..--•:-01-7,-,) 2••••.‘.....e.7tP.Z.1*Pt,747 2'- si'c'-' •--7.--, .--' '7--• ' % a ' •w 2".." ;Or •. ,__ _ *LIT;,...; :.;.. - ill ZS.*Ilil ,',I , ;.'4er,g., ''' ,/7-*/.47 !h.As.....1.;.‘11.7. I:Iv 4.J ...11,--:: 2 AO 1 • •.-- • 410...VAIL.•- ..0.ZO.•.'. - • ..•.-4.-.-S.---. --ek , 441- .,•'N,1.. ,, ,* t..-,...-- .• . I 1.11*.e.-'",..,---....'e•-,;-4...Li*....,4;,1'. ••-` "'"--"t"24',.., y,,,,,t,---'' •1 - a••■•••: `‘',.,..tv.",;10.1..,51 f?‘...ifer-,,,,.. -...1.11,04A _,g_cr..,MAlirt-•_ - 4.- ''', • Ile" —• 0 . --•••.:1 -. A 10 & odi' --...C.... "Ti!lt 04 t:`); - c';' a. - -'."- ..' : .f,4,V%4 `.x. ,•::::1*-1::a t4.;;-,.'.: ; ''."4;4.:OritA-.1::•...... .,?' 0 '.it-• ' ...-.-. • j'."14' - ,••:,..". '-f• -- - •.'..• .. ; • -..t'f. I - _ . .. zee-Taw,N...1.1..7.ill -. -,-, - - •, -....„... I _t_ , Iraiq A-■ ',-... ,IV1.9'-t -,r-...‘“'. . If;"W-4.2.6 I 7•4-- '- '` 4, •re:1,,s142' -7 ".4-.`:12,.. -='-`-`.'" '' -.. ' •'''''- ''' -1-.-7- .i,sA_ .:-.. 1 rri.•WWI Pit 1,i .-s , -it tts...:2e je....,.-■ - -, 1:--*-..2.1 .4.1. t- .r...-.:._..14 4,.tti:.:r., 1, .li •. .:...- . . : .:,1. .. A., ,,'1.-.. • ..,,:-.,...A..__.._ —p......,..in ., vi_,% 71,'-''7,•:"; _• ' 2, . .- ' . z•6"-,"•-•;••• •T .. . - il-.11, • '-'41.•;101fitt 0, -I;r- .; t I --..- _, • Lf.:-.4.-.".1.'-.1..;a• " -, I,: Eir. .' '71-,,,.7-:1* :- f,.... -- ""j*.' 111 ...•-•,.. ! Nel•C`4',kr1 ibliatt tt,- i 1 '-. , gi:. 7,',". , a: i' t. tt 1 • -/_ V•'‘'.&- -• • ' •' I' ob,„&"•;5*.I.1.,.„,.... -• ..- t •:. -...."- •4;•.• III _-=.. ' 1.,,____- - '7; -.c.e-•- .- - .1 i -'''`'' - 'I ' ' ' .' . .- --,. .;-...,:f•,; -_-....:•< :: --.:-„....• •,,,- ,t . ., ._ , ..,........_ I ._ . , gefr.v...-.,',•-:-z■Ip- . ...4. • .....-t*Itat -•*-,-- -7-;-''''F' --;:' . - ,..„1"4,‘_:-:• : .1.• -. •1-;•e-':•''.-4-'•-•; ..:.-. .".Z.14......1,2..--•--...."Zoi...,' _-",.. ....Ai,. ... .7.1....*:....-...... . , ".1., 1",;,.,,,....2. . ....-":--: •at..;... .. i.a..104......... . ..4. .-i•,. .....- 7°1"t . • .4... -- r ••••• i ..... ,,,., .....,-..-..--- . 0. ...ft'--0'•-- i 1-..77..-"1"1,4.s.,•••..-,- -..-..-.---•• .-r ........a....oc. --.. ■ - -.--- ,... • •••.....'0'!.. 41-12 -=- -N- --.4e* - - . - " . 4•4*ta-••••:-.r..t- ,' •• • • ' • • ''' ' •• '-'•-:. -l' ,- ..--44' .".:"P-74..1.'"-•Cfre-';' -"r- '...."',4 - "!,: itiC:-'-`4, . • • , ..'-:t -•....1 -I '.4 '- 0 401,...,r.....4%,-...-••.4 . •P"'"'", -•,.......,41:1,.,1, .Ce, .I.e. .•••••• •.,"4'w :, *. ..•:!...';:i•:-. 7„ ..-,-. -- '&'''' -• . ' -•'`' ..si:r...-...104 • ' •s"' -- ',.'-'4•7* ' •' '-' ' • - - •• -• •• ...7. _ I .. _ __;1 I -,.■ . I , _ .... - ,.. •--- .. . I I I I = I Picture # I 2 Windwalker Kennels 1440 Lake Lucy Road I I I Ilialft -4:,--,,.,-.,:.-73-$§it,].;>:,,, ,:.7,= =-.. ..),_ - ',. .. :-_ ,:-.: c --,, siio I .4? , �.�'� l' .4 C '}. q+ ?yk 4 s. ,M -•.;�"'r,t'41;I 'ors- a i'}. / _ c 1r/r+'*r'., ; i7 (� ? Ig" '•3IZ- - :1 >i• 0,.4.•'• i s f� 0 , ,,., .ii • �_' _ — 4�INDI.ALAEA�j F i W—•4.; =�a ' .- --- " �� ti`i . I— : — ` ► I I I I I I INI I . . . . .. . I IPicture , . . 0 Kennel. :i.rig iri_:Ift Lai.e. Lucy 1,ort(i I NOTE I f.-: - -en c ta doesn ' t break slqht lines rrctm road 4: Over hang, serves as a megaphone amplifying I barking • . I . " V-, - -..., --et.• ..., -.-_,.......: .,......4:4,-: 1 ,V.- :47.4. .c2:".".;...1:;:.:-;..'7,,,:-..r■ -7,-,-;:,--r:--,--qf .,.. - - I.• .'..".:1 •■•4 1 --•-•e-.-c.:-.1.-..--..".- .---. .—.-. :•st-..f„..:,.......r4,-.4'.... -41;...-:>....,:.......-- t-.--fr. •..- e..1" ,---, I ,34.-1-,-.; •-r; .:1'.,!.ri..-kr:-••;,;;;,::..;;; .-, '•,.4 -. ,r-.. .....„::. :. :: . -;..i..-,!srri-f-:-:-.,;• ---:','"4...-,t,,,... -;.--..c.=--. ..4--:,-.7. _ ., -...,-,,"...S.... . •--....-:.1.:...'lc....e.:,:',,K. 1.'-;.... 1 ••'.....-.:..:-;-=;--:k..-%•'='. - s '• . ' '-.Nrter,q):.-..., ' :-"':1+...-----'^--.,-.------•- 1• -._- --te," .,.:,.-:-' 5'. .. ,..- e,„-2.-..,'.-.1.1. ....,4k.,.. •,,,,,- ' • :',.1...1.:f ' ,- -.-.1..-'!..7 11-..w.y.^1:::•4---' .r''''r.1- .‘--.0.r=.-',J--, .....r... ....11•••:•••••I,- ..%at: ....„!,.1 4Atz*. , '1'-s.--. •-•::- ,...1-'.--.%-... 70,7,;1---;1=4-:•.e:•,r' 1 -4,110041‘; .....--W1'... _,- _",...,, -'' .•,.-15.-..47 4.11.,...s.' ' '',Kr. -1.',,,. i.....-•;.,_,. .•... ..,_ --,••=----:.%-r- :, --.=,:f,?...c.1.-.5.,'1.........•t..-- -v--. 4""...Y,-7 -4-'1-'7 • .4..---..,...4,....._ ---% I Alx....... "...„. .,:,-.;.,.... _ ,...„..t.........,,, ...„........„__ ..„_ . _.:. f,-..--...mfejoger ' --77 "ft-e•.-.,....`,`-,7- .-- •1•••.i. .,-.:-'' ."`•4`,.'7:' 'l'i'••;' . " .-- ,4-1Mi7"_,_ --..^,ii.:e e-.7.- - 1,S;';„;:e:i'iri::....'''.1.;;;-1-.--1.......'...-':'‘c:-‘....^.L 1• '''''''' -1.4--- "^" ______.k..... .........=7;77--',=:::,‘"1- ,..Z.K. ..----.-4 4-447.7:LtittE6r e'O..-..-%4: ::"e'...!:-.."7-::-4,- .-::" --Is. - j..i••.-.... . ,...,- -:-,e'"•-7-- • •--.4=--4-,,;-::--.... •- ...*,...1."--,i.. .-.-.: , -.„t.::,%.,it'l -. .1--- .7- '•''''..- .%---L. -'1. . .. ip.' (r 4,,,,---'.4 - - 2*4,-;_-"Iv., -fr -4*-ed••• ••;:.:::-!•;F:ei-t--=...,-,,,•47...14:-%--.'1-4fr' ;..---%:--i---f'._:.., -:---..:-.7'.-...-1---, 1 r. .. „.. ,_:.._ -„ ,,-....„....,_-.....„..,, _ ..___ _ :., ..._ces....... ...•.s........•_,„•.....,. .4..._7_:,......7 .........„._ , _ . ..„•,..,—,- i. • _ limiii,-.,...., ..._ ......: _, ...,_...._ •:.... 1..""......''''''...V.,,=., 1, . '-..._%--'V.:.,,,...; , ' ....• : p'17. ....',....._,- .—. = -.- 1:•:-.••• .----01.,--,--:,--7-:,-•:-. st .1.,_;:,... 1, a•,.:_.. ,.".. - • ',--- --",'". .• • . ....-, - . .... ,- ' I :I i 'N.- ...1:. 1 '•".1; . it-,1*,111: : 14•..."ii711. ;Olt ..i, i..4 .,, -r-,1. --, :-- .- • .1: , , ;3 9;- .-;* .% •...V. ' . . 41 4. - • ,'i A' [Villii." .: ''' 7: --',I. •, , V '. , akt.ili 1 140 1 -. 1';H '''' ' CV.; I:t 1;--1 4: . ' 1 I . I •i-t .• --4 1:10 isiI% '••: - ..**11. : •• _ , I ,! I :•111 LI t ' 4t,' ,`'IF .- . Y '...-- •-' • I 1 , , .. • •• , • . . 7 • i•,-.,. ... III'..k: ,j, - - , •••,41' trill $kr t 4 ..1.itt,4.4-.1• ,41 : 4 : . I:, . I.1 i:1! . ': 1 1 •=;.--' ‘-N,.... , 7.- . i 7 .1 ..,.. 7,-4,:.-4,,,.% • , , I I I I I = I • Picture }F I 4 Kennel again from Lake Lucy looking North I I ' Lite; ; tig • 'l ~ - , i' '1-1; - . . yY # '{( am • ? `� _ j' 1 : IJ c'�� 0 1 + ` . } y " • , f ki Se■' ' , , i r:' : .1 . ; ,-•-----.\,,, 3,r...X. ',.‘_, ./.2 /-.61':._k%.,.,,x., I 1 1 ' V . ,i 9. ,, . ,i„,..... - ...,. -....- - . 1 t , ,, ..t - 4 t,, " /.- . • -i / A V -7._r_.,;:. 1..,_, ..ms s_ •^V,�. - ...` - • ',�. 4 . . , ''''4- ..... '.:0;1* ,,...1441*.," lt t' ; X : M=�' ' l I iiG Td."c i•• e • I I I I I MI I Lvai: =.r: !:;a i�ty _'3<., ;;cui ..^O:il.i:, C:r[r:�' -i i ;._c.c.rt hor I I 4.4'*1' - f -.7.--78---''',„4,.. > "_i .-!"-..-„,...;2. ' e:r -»vi .t`r g•...``�t -fir''z. j`^'I" f-^� - F: # ..rim , -.,. �.; f d _ •A "mil j Q,�C�-..�, e,r_. ,,.:14.:..S "*'° � r k� ;e:,—,`•+�^y l `.F SIB •..+r `�I•-.. L'-. a1 . --- - .-".i-..� -4111"-F -! �T .. +� ..it- r^ft 1- ! fl "1T'I� yr f". }/ `.. .'".tom ;...pis -. 4' N44 itEE t"is 4V. _---5-.-Ssti 1 ,� i• 713,1. Z 'M ef'a T-` .ice if- ):It-7' -.@.!r} ....--' . 5-;72: .., },----�"-'�"S-Ati- --.• :t a7- fi r .ik- .'�'•gl�r �" _::�..i. -4 a . MG.Z7Y.--..T7Y.4 , . a(r.J�.k' A £ t!... '-.�nY-i3,.... " -if ,7�' 3,i"F- .„•{ i.54r-�_ s1..'f s fit,y ea. ci f , g..74,4c i *-A:w. ��a;.l-y.,-"1 �. +Lr_' .,, ..' lti t.'Y• _ is - .{-. r,.r LY •!"^F'k::`a. . .7t.•'°TY..<. I I I I I IMI .. . . I . I Picture # I h Close up of the kennel I .4,-• Nice kennel , .Joil kept :t. This batch of cict:-_:is have not. 1.-.)et-?ri too bad_ I I 1 -. I --e. • - - - - idli`2, , r•1 -1- r-- - .:•17,- -Iri,:;--.,,,. , n;e' -!"--".1 -- .- ,...:. .•:' ! I c 16 - , .#0°-' C..f .---.,"s.. !---. •e,. r7.77"5 -,,. r■g■ ... _;...01" iiii.+ #..' x •,,,../,:.,,' :,:.:, ' 1,,..,/ •_../ ' i'-. ,_-, ,• Mow ,- ,...r.,,,,,e4a, 1.,,,,, 1 i„,i,:,:::',:. r;:,..:-..; .-.;.,:i-. . I _,- -- .. I r4ir. r .7, ,„. . . ... ..1 ,....}.. ... . ,.. 1 ..: 2 5i...., •:- . ,,,,?,-;,,:, ‘,;'•.,,,,,,:, .,,,:‘. ..:..,. 1....Aft? t - \ ,‹,,a..,- ,/— •• .•-- , 1 ..,, 4, t. , 411 ')r,Y 3 x,. .,. „......y,,,, x7;;;„„ „:,•. 1.•, .:„... <4.,..::. t....5.....„.,.. iy":' i -. • , . 1 ,',. . ' ' . ".','. .:;:: i•:. ;.{ i'‘:".:••• .:,. 1 _:. • . : 1 ta .....43:2 1.,..,..,..,.:: :,,,,.„: ::„... .:. :;:;:::...1 ....- . .....,. . , . ., • . i ,,,...,,,..„, .....:,....,:-. -„,...:, .. . .,i,_: _. -_,, ____ ._,................ _ _ -.F ..E.,.... .. .._._ .... • .._. . I . . :_,• - ntagfit•• • 1..;.;•.:,:f 7"e'');;;:r.1-1r,:.',' •f4",d.r.:•...„-. --•- ,...-'-::::'1 • N.; , - -., ".A-. - .. ;. . - .;:-:,„egeitlip,--sf.e.,4.:. ..!,,e.:•:•f;"rt:,-,-.--'' .„ -. • . -- .----,- .,-.50...„•';4.II,,r4-'...!-;4-f-,....• .i ."'"1,I,'e -. ^ -" - '. " -- • -..,. ,,..., .: ...7.,...,.......,,:,!,::..,.."•-r.;.•s.-,--,'4.- -." ."' "-1. ' -'-..... -4'.:.,• ,_d■Pi.:5...:".:' •';:f ;-*PCP .,.•- .1 ' - :.'•'."...' -- --* -1 P '`.• -'; -•. -IN-"-- '.-:'..-:, I r. ".."''-' s".-A";',...0 -....4--,',--''-'":,PP'' -.-0..v.•-•:•- • . i 1 I i I I , , • +s • ,-.•- fil FV) / l plr: 71 )(I‘ I 1 , : I i J iu u! ri EiJ 0 LI - Li Al f) 690 COULTER DRIVE i P 0. BOX 147 a CHANHASSEN, MINNESOTA 55317 I (612) 937-1900 I MEMORANDUM ITO: Scott Harr, Asst. Public Safety Director FROM: Jo Ann Olsen, Asst. City Planner 1� 7 1 DATE: May 15 , 1989 1 SUBJ: Commercial Dog Kennels I The subject property owned by Phil Mathowitz is currently zoned RR, Rural Residential. The Rural Residential District permits a commercial kennel as a conditional use ( Section 20-594, 5 ) . A commercial kennel is defined in the Zoning Ordinance as an Iestablishment in which dogs, cats or other domesticated animals more than one year old are housed, groomed, bred, Joarded, trained, or sold for gain. The Zoning Ordinance defines a ori- 1 vete kennel as any glace with three or more dogs or cats over one year of age are keot or harbored. Such animals being owned by the owner or lessee of the premises where upon the animals are kept or harbored. Therefore, the kennel located on the I Mathowitz ' s property is considered a cou:ditional use and any structures must meet the required setbacks of the ordinance. I I I . I I I I MI A"t■ 1 r .... .. .. .......t . . ' . - . ' T :1...' ''''' ''''' Cr.3 7.. 7,', C.: OD M M Cl • 0 0 "-• '-‘ 0 '-‘,. 0 "" 0 0 • o o o o o 5 o 6 o o ■ 'Z.:. as :-... 0 0 7' •■D ND "j .b• ! . i 1 i• ' --; Z Z Z! 73 72 - Z E.' :3 L/,/"■.) Pi -I 1/4../N.J...... ..-- .14 . II I 1 ! , (-14 -.. ! , ".... , i II . I I • ' ...'s 1 . o 7 :.-f ■-.1 i-I i.-1 r.! !-.1 I-I -I . c..* CMZZ ZZ .Z7Z Zr I ' , . *--4 . :'• i in C C C C o Fri o I . 4 ,-.1 , ,-,. , !-4 r• ?-I ?..1 il' 111 : "7 i.:-.t., .,: ,40.,...:.. oz.,. ....IT i.,7... Co CO 5... rd tri Li7 :::i ....li . bl i 1 ?-I ;--! - ',.. r3 ".. 0 ID C C -_. r.... ........ _. .._ . I , ! i , Z 2 ,-, . . . tr.l I ■ , ! - c.•4 'a C . • 1 1 I I 7 i 1 I i 7 D 0 7 C - ' 7 -i ••.• .7 7., ' .• r , , --, . p,-, 1 O 0 : ! el , 1 -,: Z rf • Z 7 7 C D. > 7. 0 ,-, Z Z 1 Cf: Z Z 0 C £ :::: . 0 ,-. H i I I ' 7 C > Z Z 7 Z r- ti - M '3 r ;II 7 -- m r- !,1 ...■ -I... • ' • ......: ,..i .-,.. 7 it in • i :..:... i . CD Z D Er .1 E , ! , Z . 0 D i 1 ,-. 7 ! O :.-- 0 0 Z r 1 , :-! c a , . . - c 7 D• i 7 7 C M M k , _ — Z Z C. M 0 E C `.. . I 1.' ..- k )-,-'. , \ . m . 1 ■ i I . . 1 I 1 , . , .. . ' 1 1 . • , 1 , 1 ' ' I • ' i I I . . I I , I 1 , • I ' I• i I ■ • , i .. _ r7=---,-.;•.,-,,, ., , , , , , ,,,0, ,„ .. • . . . . II ..II a II • • a a: a : - , ,,, ,., ..I ..I I/ . . . . . . - _.-.—. - .. .. .,.! .. .., A -al—fa-----7 t. t *- ---i —---1 101 lb • ( ---1 ----t ----m---as-7 — ---' IM MN 111- . • - . . " ' . ; - - - - - - :. '.. :, .".. 2 . ; ' - • • • w ' - •• ' - • • r • - - ••• - . r r . . . . . . . : . . . I I 1 I I • I I' I I i I • * * x x A * * * * * x x - . I * * * *,: * * * • * t•': x ,•:•• * -, * • * 0 * r; •': * * 1 * ... * C.` :7' •■• * C,• .• :S 0 D •- * \ * • 1-: I.F-- I * * \ Z •-; * * c• _ ,... * * ,i ;--i •• ! ' I , * LL * Z • •• -, I * 0 * •-• •• a r.:, , 1 i ..- - L.; •• * L. * LI C i • I.:, I I I * I * ii • C C-1 ,- * LI * * I., 0 r.f. •• 1". i I 4 ■- I 1 I - Z •• -,' • . ' . * * C 1::: ,... ••• C ■ ! ; * * Z • tr: il. * j ..... L.: en In ). •I• • ••• Z .,- LI in N 'In -., • NI ,.: Z ,-., -,-; • :-: * . * r.: Is.; •• -• * * i-i \ 0 C •• • L.:- X >• * D LI • >.• L .,. 4 IL: * LT.' I-I ‘C •• LI 0 Ci C * :.!. * .. C'" LL 0 ,- 7.;4! • Z Lq X i- * CZ C • L.: 0 r.... L.: * Z * --' N.: ZL es.; W 1-4 L' 0 •C 4 L. * Cs_. •• _; L> •• U.: Z c.. 'LI ... X tr. C., ,..: •• C; -, e- N.. 0 .- .... .4 4. ..., C...."' I >, •• •• L.' 0 ..L •-., LI: ,- .- x ..,.• 7 •• i- -- .:',.: ..*:: - ‘..: •• . X x x L . - :- - •• -i •• , •• c x x xr f.r. _ .- •• = E t i.: •• ..- c .- :,;•. - x ... • • • • • • • • • - • • • x .4 x c; C.' 1.07., 0 ..; ....i •-: +-1 C. r. C i C4 .... 4- xxxr.-- . . . , _ .. N , • I .. . • . • . x :.:. ;!..• 1K :4 0 7 ') ,..1 ?...) ?..) i•-• H ... H ;.- 0 c..., •-• * * "..-7 -.I .. r.,i C.: -4 « f.>: 2,.:.. :•-• -, ,.."; !..1 ,., x • - • • • • • • • • - • • * * .÷ .7... 0 70Z7Z 77Z ,j, — 0 ^^ •• iri .3 S.-; :-.: •• — — 7.i t' x X. 7., r:L 7... `: •-', '3 I a, 0 X ., 0 .. '.;) •• •• 4 , -, , .,: 7 * *. x ... •• :.:?.. ,-- 7 7 C.. -. -4 •• :> *.i. * 7 0 7're. 41 0 f.4 4- -.< ,- x .4 "- i...1 -,, 7- 0 X 7: •• I,. •", ••.( 17 , ..... * * .... 0 -J I' .,.,7 -7, •• m -,3 0 r. .,. o « Z " .'• 7., •• 0 * 7 4: :.' -,.. ..:... _, D ,.. ..-... ••• .... II •• 03 D M 7 7 ^ D 0 ''' * H * Os 0. 7 7 ,,-. ..,.. .4 4 * Z * i• N3 f.r: i= ?-4 • •-■ 0 * -i : z fel a 0 7 g * co z • 0 -,- 0 0 M * 7 i-4 t,:: 73 •• C..... 7 H • C * -.< --i • •• I I l,1 0 D 0 Di. 7 0 7 ::: * 7 , * CD C — 7 •• 7. 7 11 =; * * t..L. Z C: •• -- * X * 0 H 7 0 7 7 t..3 NI • 0 -< 7 H * * M n1 0 7 I-• 7.1 ,.. 3. • * * -. -< a 7 7 a. • 7 — =5 * * 0 V ril 0 -- 7 ... * * 0 •° ''' -.4 * * -• 0 H * * .-..- Cs = * :-...i ..."• ,.• ?,.' .•,. Z •• C • '''' _;., * -.< 7 Z —;,--: c. •• . — — — •: * - -1 - D xl 7 • 7 . * * ',. • Z • N i•-■ '0 C * r" * • Et) .4. ...... ... ..rr, .i. .... ::: ., m •• •• '.i.:- CI: t: Z •• • ei D * * ..÷ \ * * •• !...3 * * \ * * 0, !-.. n-, * 0 * ........... • •43 a • g N. * -• r: g o * a -• •• — — * N.. -.< .. •• • • ...) t: D :•. .,. * * I Z •• * H * 5 0 „... • ..g , 0' -,- 0 rs,:-; .. * ?.; .1., 7 0 t. • ., Z ••? 0 ... .1.. .4.1 * I * * 1c * * t * * I . • I I I, I I 1 I - - •,,, •.■ . _ , _ 1 ar_____04_ _ict ., ira. . , ii,......a....._■ IL.td..._...... .., • i_..1.,.. , J • l■ . ■ 0 0 4 oqr..... A ' ....... ... ... ........ ... ../1 IM v. - • 7 11 r n n rri x . z •. - - .. w x K • x • .. y .�; T X S z -1 * X. _' Z X X • -, D N X x 3 ` • _x z I . -. x J , c. r X IZ *a • I I ■ i i I I MI _ •• ___ .vd______IP IP .---- ( Th- — 2------1111-c—U--- —' —. ,,. 4-..-- — —110 IZIL-_ _ . _ . _ . - . :. «:: Z 7. :. :.‘. « Z ... .. -. :. : .1 :=. : :. : : ; , :. ; --';, :: c C < ‘ I I I i I/ ; . I I 111 I , 1 * * * * * * * * * * v * * I * * • * 't. N- •L' z * • • • CI • * • * .A. * * . , -..., , _ . .- - L ., „ ., 0 ...-z .I C.; ' • •• 3 L * 0: * >. * %., * g •• .... * c'' * * 0 * .....: .....: •- * \ * • Z * 0 * ;-, .... u.: I * * * * * • * N * \ 7._ ZN 9, *: .. ,', * * C * :.: * !:i • •• z * ,1 * .. .. 2 • II * :...: * .1.: L * * * L.-. D :I *.,' £z .i... ,-, a. C :,_-:, • z --: .- _ N i..: • Z C.i '• 33 ' :=. •:.: * .*... ::: 0 Z .. L.., Cr; * I < < 3 ri a... ... * i•-; Z &. * )- * .-- 7.:•rt ).• .. •• Z • * a: * ,...: N:: ''' * ,, 'L. 0 ",.; "..-' -.: ... . CI :.• * , .• C j Li '.- •• * * ..' CL * * ::: L - •-• I * - /-: in* * * -.1 4.L. Z .e. -C7 I-I : r? \ .e• - = • >• .1-• ...:- • C:.; • - :-:-' *• x * * h-. .•1, L., - .. * 7 * ::: U A. ■.. Z .' I . ..---. , * ,...: . * : * * * ;...: ':, C. LC Z \ 7 0 C • •• T >- II: Z • '...7: • >- * • ..-• +. u., * L * L `i: •• .",' 'X r-. _ * "*.t * :i CO +" D 0 • Z L. I * * * i- * * Z * * * ",' ."," * t.:1 c' .7. :::: 1-• ,....'" Z :..., .7-, C M Z Z ..,... '-i-: ..,.: L.: - cc Ch ,,.. ,. ÷ . ., CI NO ..... A- Lf. i-i C C. -• C " -• .e.- i-i r-: * ...._ ,.. - 0 •• 3 i:t.' •• 0 cc ,, .... • a''' .- r; .- :e ..-: -: E - X .• .. ::. ' C-,‘ :: G. 0 -!.' -•-• I * * , * * r, * * - , ',- .-. C - - - L. ... -- LI 1.:" X 7.2 ..S. L.1 :.. ..a.. , .: .. , :.- : •• ,. ci .- •• ,- ._ •. c., A A * Cr -- •• ..S :i2 Z-: 0 ... ...- c .- .7 L * .., .. . . . . . • • • • • • • y I ;,- ...• * * * ..i. I* * * x •s• .- 2I : "- .- C': !,'. Cr I's- 0 .I"; •,t• ".- 0 00 0 .. .. ., .4 ,i c. c. c, c, • :., z I . • . v. . . ..- . I ' , • , • . . . . I _ -.- ,x — .. - - • • • • • • • • ., ,_, ., • • • .i : •. - 71 7.C' --'. r- -• -1 1- .. - --' --. - . ..... . - _ _... : ... X , . , •• C: ••• •• .1 = - = •• -.. - ...1 , s I -.: .:. 7; X - -.; S a% ,:: 7 = ,•. ': x - _ --:. •• ":: •* i-, •-• . - - - - .. ''' -". 7-'• :77 :::-, -. -1 •• :-.., .. , ....,. 7...... 6 7/7 7..., ..1 :El fri — - -.: 7 ... ... .. •• ,... .:.• : •• ..1 -• .7: - 7 I 0 -• , : , , 1" . C r. ,-q --, ;, 72 '' • — 7 = -.. •4:: - t.• 74 7. ID D '...'• : : -4 g. g g g. 7 x cr.; .... .. ;... 7: g 7 g = • C X -< X I •-i • •• 1.-rt r.. ••-, •-• ' ,. X . .: 1 •• •• :-. 7 7 4-, '7, ...:., = _ 7 ...-- -- " -, ^ ..„. C", :4 f.- 14 ...: 7 x -r — g ,7:, 'I X ....: t ••• -: •:. 4..' %.: . ,.... • ,-, 4 X en i= r ,... , X = A. ••• r'.; :,..: • " > -‹ 7 I . -•• ' , IT En n 14 .4- -< ci D., • 44 7 7 0 P-I — = — ... Z 7 0 -i " •-. ,, , * * x * .4. :-.. ••• -; .D. * * I 71 .. X 4 .. , 7 Z 7 £ ='• ' Z ••D -,4: :•-• - -, -- g X: = 44 g g g :....— x ..4.,4 , ,... • * o- = • •-• = t 3 ‘43 g 7 g , I , , ..1 , 1 • ,-, .,'. = .. -< • .0 7 7: : = 7 — 4- -, - :..- -?. I X ..... -,. '- - .,...: '5- * * * 0 -.. • * N., ....• ->. I ..‘. 7 * •• -3 .4 • .... * ..,,, Z. I ,:-., - ''' _." ff." 7.4 •-• r.1 . .4 '...., . * *: •..1 * :==! ::.'s * • c. - ..... .:.- I *- * I I I I 1 I I i I 1 I I I ■ I I I •, 1 I ■ ! 1 I I 1 P I I I I .... . , • • • • , , , , , . • • .1■ , , , , , , , , . • • ... . • • .. • '--• ' ' ' " .' " . • .• .• ... • - . . • • . - ' i'2.1.... LI.l L.; -- - 7•1 ; :•:1:t • • •_ . :. I ..l'.••••• ••■••■•■) AI di_____•rni _ , _____; ______i _____, ____., ____Im —__. _ ,.. ... • - ' ■ k 7 2,..2 '2 2.2 ?2 ,.., -, - ;-, !•-, 0 00 0 x - -2- .:: ■.; 2.• .,1 0 -••2 .. :,•: 1..) i•-• -..: f..,, -...1 ,: x -... x • • • • • • • • • • - • x x 4... ••• •.2.. z 7 72 C) X x x - -- -• - -• o 2.• , :::: -, 0 -1 :, -1 x x * ' - 0 -, •• 12: 5' E.-• = •• - 7 72 x x x 7 = C K ;;-• ;T., 1 ;:;.: c. ,- x x , c <-• 7., •• '-'• •• .... -: ...., -, .• c? x x X :.;': ,•• C.^ 4. 7 7 :,.... - -4 •• -, x x - tj 7 a ,< ::1 ::: (4 - -K •4 -, il 22. X 0 D 7 .. .. (2, < -,', rr, - - x X - 0 -4 n -i 7: •• ,,, .., w ,x x C 4,71 1" .. C .. 0 x 7 A ,r! i-..• 0 7 :e 71 .•.• •• 1'il f.".1. C-2 7 7 0 - --. :•-: x - * E 0 Z t.:i 7 .= Z 0 IA 0 7 ;7 • - - s4.2 * -i 721 -1 r :..o -,:-, .,,, ,,, *. t. • N 71 ••-i- 0C m 71 x 7 * 0 •• as 7 7.1 x 70 .4 - • 0 x • •• 0 7 0 C :-.! x * ,-, n > 0 -1 tri r- 7 7 ;I: 1 a. 'D •r! •-, :: * 0 * 7 0 :, ., ., 0 * 0 •• 7 LI -i ..._ •• PI ,;1 * X Nj ,••• fl \ d * '0 tO -..; • :- -< 70 ,..... * * -, n1 GO 5 4 .... D * • t...1 ...I• -( J .„7 e, k * * ■ 71 1 • 0 .2 5 * * m •+ z 7, ri 0 * * 13 T. " • 7 * X 0 4* , * * i \2; 1,1 0 * * ..4. C,... o .÷ C.; * 0 • Z •• • ,- ... * -< 7 7. C * * I c0 £ 3: D * * C * -‹ -4 g •• 73 0 irl '' Pi D • 73 * x ,.,. • D 7 ii N T2. ... * C •• r- ,. _. *X :...1 * -0 ••":1 "2 •• — , cr.: * * z .. • D. ... ., D. tr.. * * T., ,.. os * * .-, m N * * •• -i - - * * :-. :-, N * .. co * 0 • :-. - • * N. a -r, .• ,+ 0 .i, N -4 ••< ..4 * m * a ... • •,-.1 -. * * D. z ..• ...x :...: x I 5 — * • * , -..L., X :D 0 * • * z * 0 .:-..- *. * * * * * * ,• 1 11. , : I: • ■ , I I 1 I- - _ • • , ■ ■ ■ • •■ • • • • ssa • A ) • .11 ,.. t -1113133 ./ . . . . , • • • .. ./ . .. . .. .t . V •• • A/ •■ •■ •• ••,./.1 , . ' .. . At . 3 , -A .• • ,I A, a -• , A . - • A ... • . • V 3 • , • - A - • ' . ... ... •• •• J .• . • "..Z.' A. .. "t -• ' -• 3.:4"•••.■ ...•■•) al "_—_imr_..• 1/1 MO (---- M_ _ —___. . 41 - 7 ..._- - - - • :. :-.::.7. f ,2, :, :- t.-,. ..-7.-.T.! • • • .•• -• - - • . --r-z- ----:- — .2-— — .L.__ le fr • - . ; : . ; : : : : - , :i .: : ' : : : , . . :• " " • •• 11111 I I i , • I I I I ! . I I I 1 . 1 I I I I I I I 1 I ' . 1 . I , I , I I I : . 1 x x x x x x * x * x x * x ...., * c x x .., • V rs- . A▪ . A C. C '• A ••• A — rn • — A •. -,; -- ..... \ ,....f, A A 7. ..... ,• A. ._ i....i \ A A ••• c• A C• A. •"" >, z I A \ A 0 ••• :-.,— .. ...., A V• A .- 7.7. A. C V E2., x \ * r- ..-.. ..,...- ...• o * C..- .., ,-, _ -.LI I C -. * ... A 4: •• Lii A * 4c• P.-, Ci.. * * A L., * -.: • •• z * Cr, At •• •• . . 4 A if; X ai .I-• I-4 •• * r_.• V a 3 N 7 . . * L_ 4. L3 C • :1; * * ;LC • :.:if EN ,- , I I A .."- * •••• .„. .. A, . A a., * ,--:" r• I •C:+.' * * Z ;Z.' • T: Li: i A. A - ...1 C..,' CZ 1,1 >- -L- • * A 1-4 CS- ),- .-: • I.i C`i A 4.,• * i...) C -I V C..• A: X A' ... •-: •• , , ,., •• •• ''• ," A C , ..:.! ,... -.4. * i-, cr.• c •• • .* ).• * .-...•• i-i -,- ..:-; :.:..- `C., •• f r,, •- * 2. * ,.., 0 •*, C '' ..- ,..,, '•'. . A ?-- A !‘• • ■,.: •••• En Ck I * z x :....,'-' ••3 ,.., ,_ , , ,..., .,„„ .....„ x. -:. x. - C; 0 ._, _ „.. •,.. C: •• ..• •-.! .." C = '••• r. .7. " •., C; •• i.:• •• .._ -.' c" r'.. Z :..' t`. ,.. •• - Ir. ...- L.... :.-. i 0 •• •• ''.:: 0 .7 •-• - ... :,, .„.. " 7 .. ......, .'-... t•': !..,. i,- ,,,.,.. 0 ,• --, •. ... , _ ,_ .• _ .. , •. c L . -• _ , _ ._ .--- _ „ .= - ,,, -- o C :._ ,... : c. •- ...: _ - x - , • .... L.. L.. ..- ..;. •.-. .... L:. - "' - - • • • . . x : .... - 7 ..•• ,.. :... :: .• • . ... . M ; . ,...____, _.., __ ____ L___ip__ _ ,..-175_, .___ — —1111-- _ UP / ,...,.,, ,,, , , , „ ... - • . ... .. , . - • - • . , _ , - _ ,=7-„--r---- -- — _=.-••.7- . . . . , , .• .- .- . . ., " " ' ' .-, ' . 7 . .. I I I . , I . . I 0 • , ' III , ! ; :I * * * * * * * * * * * * _ I * * * * *• !I * * '•-1, * Z * • r'l L: * •-: *. '4. 1.:-: * 0 * 1-: f rt .... I I- * • * * ...° * * * 4 •• ...: C * * ,- * I .t. C•• 't• ... ° •• * C.0 * c" .>. * \ * 0 .... •• r * c" * ._ •• * 0 * LI •- * \ * • •-- * 0 * •,.. 0 • • 0 * •,.. w •-. •4.1 i * * * * * * * * X .-. ,; ,4 X ,-.4 •• •i-• * * 0.- ■ * * C * * • •• z * V; * •• •• • . L0 * * C * * L * * 5 c ri. N • •• 6 :-' N * , ** 0. N .- * :.: * * .: .-.. •• :1 . * 7 _j I -• * ...: * * * * * * ill * * * X ••• t•1 C i-i N .... L, CO -1 C — z ÷, z La 3 1 Z f.0 .0 ••• N L.. * * •.L < :- •• .0 * * Ili * * - _ L L' ;-• ,,,,I. I * * * * * * * * I .-- C i-: Z i-i , L., -,- 7. ia- • fC. La >• +. .■ LI Ca Z • LC • m rf: C.i IN * ;.7; * r t -.■ H al * X * •• = N * . * %t. ,1• ! i.1 •• I * Z * * ,o * * * .' ..., H :-: ; 1.1.! in , C: '-' : ... +: ^.• c...: ! • !-- * } * ""1 • 4- 0 Ca * W * CC •••C •• * 4 * U C 0 •-• 0 • I * * i- * * Z * * * * n'' * :.:: ,- .... :::: C i 0, L. 0 L. L 0 ,-i Ca Z • i-: •,i 0 Os 1-4 NI 0 :1 ..';': L. L •••• C * L * 0 - ai •• ,n ::c• C . 1,":. n * 0 N L •• - a , • X 0 •• •• CI.77'. 0 X G• ,r; 4- -1-• I * * * X. * x ); * -., ;.7. H ti !)1 L': X 2 0 C. •• !!!!! .-- N.! = :, H . ••f: ,."F N •- La •• •• ;_:. ••• 0 _. c , ,.: C.; •-• ,.. ;"-- T.: n •- X C.: * x * Ca •- •• E E = :51 •• -!.. c .- ,,i, * x '7- '"-- - ': :' _.'''' 'T; ° '- r•• , '- * * x L., i'....• L Z CC L.E. .z.. Z C.;L ''- c--.. #•• i * * * •* * * * * * X * * * A * - • • • • • • • • • • • • ...' '. !,.: N• 1.-,. N t•,),_1- !,- 0 K. .;•• N. 0 b :0 0 4. ,, ,: ,..! c, c.: :: c. * r: ±... I ', . • , It . . ' .. • •• CITY 1 OF 1 ' cEANEAs 1 • 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 iJanuary 12, 1988 Mr. A. L. Krueger 1 1600 Lake Lucy Road Chanhassen, MN 55317 Dear Mr. Krueger: iJim Chaffee, Public Safety Director, advised a dog barking a me that he had spo- ken with you regarding g 3 g problem concerning your ' I have contacted Mr. Mathiowitz and he stated that he will be submitting a letter outlining the effort that he is making to • remedy this. I requested that you be sent a copy of this letter as well. 1 I am anxious to see to it that this situation is dealt with to the satisfaction of all concerned. Please advise if I can be of further assistance on this matter. ' Sincerely, Scott Harr 1 Assistant Public Safety Director SH:ktm cc: Jim Chaffee, Public Safety Director • 1 1c- 1 1 January 11, 1988 -• Mr. Scott Harr ' Assistant Public Safety Director City of Chanhassen 690 Coulter St. Chanhassen , MN 55317 Dear Mr. Harr, Thank you for your call concerning barking dog complaints at my residence. During our conversation you indicated that your office has received complaints. I suspect these came from my neighbor Mr. • _ Krueger. I have also spoken with Officer Madden of your department concerning these complaints. • I will admit that I have had a problem with one particular young dog who has a tendency toward loud and excessive barking. To combat this I have ordered an electronic bark collar which emits a painful electric shock each time the dog barks. Also, I now bring this dog indoors each night to insure that she offers no disturbance to anyone. If these methods are not successful , I plan to sell the dog. In the ' remote chance that I would not be successful in selling the dog, I would have her destroyed. As to the nature of any other complaints Mr. Krueger may have ini- tiated, I feel some explanations are in order. Officer Madden indi- cated to me Mr. Krueger had made at least two complaints during a period when no dogs were present on my property as I had all of my animals at a national dog competition in Illinois. One complaint . which Officer Ellering handled was my fault, and involved the young dog I have already spoken about. Another occasion was a young puppy -- who became scared during a wind storm when a large piece of plastic blew into the kennel area. The most recent complaint resulted when one of the dogs was barking at what turned out to be two juveniles attempting to enter my garage and horse trailer. Mr. Krueger' s complaint to me in this instance was ;c:quite useful , as it allowed me to chase these individuals away and avoid any loss . While I do not profess to be without fault in these matters, I would , point out that I do not believe you have received any complaints from anyone else. I also believe that I have not always been fairly accused as I am not the only dog owner in the area, but the only one with a kennel . I have made every attempt to avoid problems. I have installed wooden fencing to shield the dogs sight lines , as well as the other items listed earlier. m. Scott Harr January 11, 1988 CPage Two ' I am open to suggestions which may help with anyone's concerns. Mr. Krueger is welcome to come and discuss any concerns he may have. If you think it appropriate, I would be willing to come and meet with you ' and Mr. Krueger at your office. I do not wish to have or cause any problems with my dogs. I am now, and will continue to be, working diligently to resolve and answer anyone's concerns. I do not, however, wish to be the subject of what I consider to be in many cases unwarranted and unjustified complaints to nurture anyone's cause. Please feel free to contact me. Sincerely, /C17(4 121? l)C)C?- ."1"j"C1-1-4j. Philip Mathiowetz 1630 Lake Lucy Rd. 1 1 CIYOF T 4, :,._., c .., 1, AN T s : N .„,, / ,.. \ _ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 , May 26 , 1989 I Mr. Steven Gawron II Attorney at Law Suite 429 II Metro Office Park 2850 Metro Drive Bloomington, MN 55420 Dear Mr. Gawron: ' Attached please find sections of the Chanhassen City Code that II apply to kennels. Please advise if you need additional infor- mation . Sinc ely, ' ' Scott Harr , Assistant Public Safety Director SH:ks I C: Phil Mathiowetz II 1640 Lake Lucy Road Excelsior, MN 55331 Enclosure I P.S. Per Mr. Mathiowetz ' s request, I have requested that this II item be removed from the June 5 , 1989 , council agenda and placed on June 19 , 1989 . II II II I 1 Chapter 5 ANIMALS AND FOWL* Art. I. In General, §§ 5-1-5-15 ' Art. II. Dogs And Cats, §§ 5-16-5-85 Div. 1. Generally, §§ 5-16-5-35 Div. 2. Rabies Control, §§ 5-36-5-50 Div. 3. License, §§ 5-51----5-70 Div. 4. Impoundment, §§ 5-71-5-85 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. 1 1 ) 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,harbors 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. I . *Cross reference—Animals in parks, § 14-65. State law reference—Authority of city to regulate animals, M.S. § 412.221, subd. 21. 267 . i § 5-16 CHANHASSEN CITY CODE 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 animals are owned by the owner or lessee of the premises on which they are kept or harbored. Sterilized means neutered in the case of male dogs or cats, or spayed in the case of female dogs or cats. 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 officer 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 city council. The 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. (b) 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 run at large. The police or animal 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) 268 IZONING § 20-1 ' Health care facility means a state-certified or licensed facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but ' not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center,treatment center,rehabilitation center, extended care facility, skilled nurs- ing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital,maternity hospital, outpatient clinic, dispensary,home health care agency,boarding home or other home for sheltered care, and bioanalytical laboratory or central services facility serving one(1)or more such instituions but excluding institutions that provide healing solely ' by prayer. Health services means establishments primarily engaged in furnishing medical, surgical ' or other services to individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental laboratories, out-patient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services. ' Home improvement trades means carpenter shops,interior decorating,painting and paper hanging shops, furniture upholstering and similar enterprises; but not including contractor's ' yards. Home occupation means any occupation, business, or profession carried on by a resident and conducted as an accessory use in the resident's dwelling unit. Hotel means a facility offering transient lodging accommodations to the general public and which may provide additional services such as restaurants, meeting rooms and recrea- tional facilities and where access to individual rooms is provided through an indoor lobby or office. ' Household pet means a dog or cat, regardless of weight, or an animal not exceeding forty (40) pounds in weight that is usually and customarily considered a pet. Junkyard means an area, lot, parcel, building or structure or part thereof where used, ' waste, discarded or salvaged materials are bought,sold, exchanged, stored, abandoned, baled, cleaned, packed, disassembled or handled, including but not limited to scrap iron and other metals, glass, paper, rags, rubber products, tires, bottles, building materials, vehicle parts, ' household appliances, brush and lumber. A junkyard includes an automobile wrecking or dismantling yard, but does not include accessory uses established in conjunction with a permitted manufacturing process when conducted within an enclosed area or building. The ' storage of unlicensed and/or inoperable motor vehicles for a period in excess of thirty(30)days shall also be considered a junkyard. ' Kennel, commercial 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. ' Kennel, private means any place where three (3) or more dogs or cats over one a)year of age are kept or harbored, such animals being owned by the owner or lessee of the premises • wherein or whereupon the animals are kept or harbored. 1147 1 C ZONING § 20-25 - (6) Facilitate the provision of public services; (7) Secure equity among individuals in the use of their property. (Ord. No. 80, Art. I, § 2, 12-15-86) Sec. 20-3. Interpretation. Where the conditions imposed by any provision of this chapter are either more or less restrictive than conditions imposed by other ordinances, the ordinance which is most restric- tive shall prevail. (Ord. No. 80,Art. I, § 3(1-3-1), 12-15-86) Sec. 20-4. Compliance. No building, structure or land shall be used or occupied, no building permit shall be granted and no plat approved that does not conform to the requirements of this chapter. (Ord. No. 80, Art. I, § 3(1-3-2), 12-15-86) Sec. 20-5. Identification of arterial and collector streets. For purposes of this chapter, the following are identified as arterial and collector streets: Arterial Streets Trunk Highway 5 , Trunk Highway 7 Trunk Highway 41 Trunk Highway 101 Trunk Highway 169 Trunk Highway 212 County Road 14 County Road 18 (Lyman Blvd., but not including Lyman Blvd. east of Trunk High- way 101) Collector Streets County Road 17 (Powers Blvd.) , County Road 117(Galpin Blvd.) Audobon Road Lake Lucy Road Kerber Boulevard Lake Drive East. (Ord. No. 80, Art. VI, § 25, 12-15-86) Secs. 20-6-20-25. Reserved. 1157 § 20-58 CHANHASSEN CITY CODE (3) That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. (4) That the special conditions and circumstances are not a consequence of a self-created ' hardship. (5) That the variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of this chapter. (Ord. No. 80, Art. III, § 1(3-1-3(2)), 12-15-86) Sec. 20-59. Conditions for use of single-family dwelling as two-family dwelling. g A variance for the temporary use of a single-family dwelling as a two-family dwelling I may only be allowed under the following circumstances: (1) There is a demonstrated need based upon disability, age or financial hardship. ' (2) The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one(1)driveway and one(1)main entry. ' (3) Separate utility services are not established(e.g. gas, water, sewer, etc.). (4) The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and ' will be in keeping with the spirit and intent of this chapter. (Ord. No. 80, Art. III, § 1(3-1-3(2)), 12-15-86) ' Sec. 20-60. Denial. Variances may be deemed by the board of adjustments and appeals and the council, and ' such denial shall constitute a finding and determination that the conditions required for approval do not exist. (Ord. No. 80, Art. III, § 1(3-1-4(6)), 12-15-86) Secs. 20-61-20-70. Reserved. tDIVISION 4. NONCONFORMING USES Sec. 20-71. Nonconforming buildings and uses. ' The lawful use of a building or land existing on February 19, 1987 may be continued, - although such use does not conform with the provisions of this chapter. Except as otherwise provided, nonconforming uses shall not be extended or enlarged. (Ord. No. 80, Art. III, § 5(3-5-1), 12-15-86) Sec. 20-72. Nonconforming lots of record. Single-family lots in the A-2 and RR Districts established prior to February 19, 1987 shall be deemed as buildable lots. In the RSF and R-4 districts, notwithstanding limitations im- 1' 1162 • ZONING § 20-75 posed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record on February 19, 1987 provided that it fronts on a public right-of-way or approved private street and provided that the width and area measurements are at least seventy-five(75)percent of the minimum requirements of this chapter. If two (2) or more lots or combinations of lots and portions of lots with contiguous street frontage in single ownership are of record on February 19, 1987,and if all or part of the lots do not meet the width and area requirements of this chapter for lots in the district, the contiguous lots shall be considered to be an undivided parcel for the purpose of this chapter and no portion of such parcel shall be used or occupied which does not meet lot width and area requirements of this chapter, nor shall the parcel be so divided that any remaining lot does not comply with such requirements. (Ord. No. 80, Art. III, § 5(3-5-2), 12-15-86) Sec. 20-73. Discontinuance. (a) In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of one (1)year, the use of the same shall thereafter conform to the regulations of the district in which it is located. (b) In the event that the use of a nonconforming advertising sign structure is discon- tinued or its normal operation stopped for a period of six (6) months, the structure shall be removed. (Ord. No. 80, Art. III, § 5(3-5-3), 12-15-86) Sec. 20-74. Alterations. (a) If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted intensity by conditional use permit. Whenever a nonconforming use of a building has been changed to a more re- stricted use or to a nonconforming use, such use shall not thereafter be changed into a less restricted use. (b) Alterations may be made to a residential property containing nonconforming residen- tial units when they will improve the livability of such units,provided, however, that they do not increase the number of dwelling units in the building. ' (Ord. No. 80, Art. III, § 5(3-5-4, 3-5-5), 12-15-86) Sec. 20-75. Restoration. 1 No nonconforming use, building or structure, except single-family dwellings in a residen- tial district, which has been damaged by fire, explosion, flood, act of God or other calamity to the extent of more than fifty (50) percent of its assessed market value may be restored. A nonconforming use,building or structure which is damaged to a lesser degree may be restored and its previous use continued or resumed provided that restoration is completed within one (1) year following its damage and no enlargement occurs. Notwithstanding section 20-72, a single-family residence may be restored to its original location. (Ord. No. 80, Art. III, § 5(3-5-6), 12-15-86) 1163 • ' ZONING - _ § 20-256 (2) The structure must be in compliance with local building and fire codes. (3) The site will be reviewed annually through a public hearing process. ' (4) Septic systems must be in compliance with chapter 19, article IV. (Ord. No. 80, Art. V, § 9(5-9-1(2)), 12-15-86) Sec. 20-254. Commercial kennels,stables and riding academies. ' The following applies to commercial kennels, stables and riding academies: (1) The structure must be in compliance with chapter 5, article III. ' (2) The site must be located on a collector street. (3) The structure must be a minimum of two hundred(200)feet from wetland area. (Ord. No. 80, Art. V, § 9(5-9-1(3)), 12-15-86) ' Sec. 20-255. Contractor's yard. The following applies to contractor's yards: I (1) The minimum lot size is five (5) acres. (2) All storage and yard areas as well as buildings must be set back one hundred (100) ' feet from public or private road right-of-ways and five hundred (500) feet from an adjacent single-family residence. (3) The site must be located along a collector or minor arterial as identified in the ' comprehensive plan. (4) All outdoor storage areas must be completely screened by one hundred (100) percent ' opaque fencing or berming. (5) No two(2) contractor's yards shall be located within one (1) mile of each other. (6) Hours of operation shall be from 7:00 a.m. to 6:00 p.m., Monday through Saturday only, work on Sundays and holidays not permitted. ' (7) Light sources shall be shielded. (8) No outside speaker systems are allowed. ' (Ord. No. 80, Art. V, § 9(5-9-1(4)), 12-15-86) Sec. 20-256. Commercial communication transmission towers. Commercial communication transmission towers not designed to collapse progressively shall be set back from all property lines a minimum distance equal to the height of the tower. (Ord. No. 80, Art. V. § 9(5-9-1(5)), 12-15-86) 1173 — -- ZONING - § 20-595 (4) Tennis court. I (5) Signs. (6) Home occupation. (7) One(1)dock. (8) Roadside stand. I (9) Private kennel. (Ord. No. 80,Art. V, § 4(5-4-3), 12-15-86) I Sec. 20-594. Conditional uses. The following are conditional uses in an "RR" District: I (1) Churches. (2) Private stables. (3) Public buildings. (4) Recreational beach lots. I (5) Commercial kennels, stables and riding academies. (Ord. No. 80, Art. V, § 4(5-4-4), 12-15-86) I State law reference—Conditional uses,M.S. § 462.3595. Sec. 20-595. Lot requirements and setbacks. I The following minimum requirements shall be observed in an "RR" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is two and one-half(21/2)acres, subject to section 20-906. i (2) The minimum lot frontage is two hundred (200) feet, except that lots fronting on a cul-de-sac shall be two hundred(200)feet in width at the building setback line. I (3) The minimum lot depth is two hundred(200)feet. (4) The maximum lot coverage is twenty(20)percent. I (5) The setbacks are as follows: a. For front yards, fifty(50)feet. I b. For rear yards, fifty(50)feet. c. For side yards, ten(10)feet. (6) The maximum height is as follows: I a. For the principal structure, three(3) stories/forty(40)feet. b. For accessory structures, three(3)stories/forty(40)feet. I (..._. (7) The minimum driveway separation is as follows: a. If the driveway is on a collector street, four hundred(400)feet. 1207 __ ■ i ' ZONING § 20-1001 ' Sec. 20-980. Hours of operation. The hours of operation for any home occupation shall be limited to between 8:00 a.m. and 8:00 p.m. (Ord. No. 80, Art. VI, § 8(6-8-4), 12-15-86) ' Sec. 20-981. Use of equipment. No mechanical or electrical equipment requiring the use of voltage in excess of two hundred twenty (220)volts single phase shall be used in the conduct of a home occupation. U (Ord. No. 80,Art. VI, § 8(6-8-5), 12-15-86) Sec. 20-982. Traffic and parking. ' No traffic shall be generated by any home occupation in greater volume than would normally be expected in a residential neighborhood, and no home occupation involving the need for more than three(3)parking spaces for the occupants and visitors shall be permitted. ' Adequate off-street parking facilities required to serve the home occupation shall be provided on the premises, but no such parking facilities shall be established within any required front ' or side yard, except upon an established driveway. (Ord. No. 80, Art. VI, § 8(6-8-6), 12-15-86) ' Sec. 20-983. Retail and wholesale sales prohibited. No commodities, merchandise or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. ' (Ord. No. 80, Art. VI, § 8(6-8-7), 12-15-86) Sec. 20-984. Nonresident employee. ' Only one (1) nonresident of the dwelling unit may be employed upon the premises of a home occupation. ' (Ord. No. 80, Art. VI, § 8(6-8-8), 12-15-86) Secs. 20-985-20-1000. Reserved. ' DIVISION 4. ANIMALS ' Sec. 20-1001. Keeping. The following animals may be kept in the city: ' (1) Household pets are an allowed use in all zoning districts. (2) Horses in the A-1, A-2, RR and RSF zoning districts in accordance with chapter 5, article III. ' (3) Farm animals are an allowed use on all farm property. Farm animals may not be confined in a pen,feed lot or building within one hundred(100)feet of any residential dwelling not owned or leased by the farmer. 1239 § 20-1001 CHANHASSEN CITY CODE (4) Animals being kept as part of the Minnesota Zoological Garden's or St. Paul Como Zoo's docent programs are in allowed use in all zoning districts. Before such animals are allowed,however,the participant in the program must receive the approval of the council regarding participation in the program and identify the animal being kept. (5) Animals may only be kept for commercial purposes if authorized in the zoning district were the animals are located. (6) Animals may not be kept if they cause a nuisance or endanger the health or safet of the community. Y (7) Other animals may be allowed by conditional use permit. (Ord. No. 80, Art. VI, § 9(6-9-1), 12-15-86) Sec. 20-1002. Care and treatment. ' Animals kept within any zoning district shall be subject to the following requirements: (1) The size, number, species, facilities for and location of animals kept shall be main- , tained so as not to constitute a danger or nuisance by means of odor, noise or otherwise. (2) Facilities for housing animals shall be: a. Constructed of such material as is appropriate for the animals involved. b. Maintained in good repair. c. Controlled as to temperature, ventilated and lighted compatible with the health , and comfort of the animals. d. Of sufficient size to allow adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition of debility, stress or abnormal behavior patterns. e. Cleaned as often as necessary to prevent contamination of the animals contained therein and to minimize disease hazards and reduce odors. (3) Animals shall be provided wholesome,palatable food and water free from contamina- tion and of sufficient quantity and nutritive value to maintain all animals in good health. (4) Animals kept in pet shops or kennels shall be kept in accordance with regulations for pet shops and kennels in addition to the regulations provided by this division. Pet shop or kennel owners shall receive a license as required by the city. (Ord. No. 80, Art. VI, § 6-9-2, 12-15-86) Secs. 20-1003-20-1015. Reserved. DIVISION 5. FENCES AND WALLS Sec. 20-1016. Intent. The intent of this division is to provide standards for fences along the perimeter of lots that act as boundaries and/or barriers. (Ord. No. 80, Art. VI, § 12(6-12-1), 12-15-86) 1240 ■ 1 CITYOF s czaw : .. AssEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ' May 24 , 1989 Phillips Residence 1571 Lake Lucy Road Excelsior, MN 55331 Dear Resident: On June 5 , 1989, the Chanhassen City Council will be considering ' whether to reissue the kennel permit for Windwalker Kennels , owned by Mr. Phil Mathiowetz at 1630 Lake Lucy Road. The permit is being contested by Mr. Al Krueger at 1600 Lake Lucy Road. ' While you may have already been contacted by someone from the City inquiring whether this kennel is a problem, we would also like to solicit your input if you have additional comments. Please feel free to contact me by phone or mail prior to June 5 , 1989, if you would like. Thank you for your assistance. ScarE Harr Assistant Public Safety Director ' SH:ks 111 CITYOF 1 I 1 cEANE - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 I I May 24 , 1989 I Palmer Residence 1690 Lake Lucy Road I Excelsior, MN 55331 Dear Resident: 1 On June 5, 1989, the Chanhassen City Council will be considering whether to reissue the kennel permit for Windwalker Kennels, owned by Mr. Phil Mathiowetz at 1630 Lake Lucy Road. The permit II is being contested by Mr. Al Krueger at 1600 Lake Lucy Road. While you may have already been contacted by someone from the I City inquiring whether this kennel is a problem, we would also like to solicit your input if you have additional comments. Please feel free to contact me by phone or mail prior to June 5, II 1989 , if you would like. Thank you for your assistance. Sin ely, ' rc ,..r4-7 I Scott Harr I Assistant Public Safety Director SH:ks I I I I I I I 1 .. CItY © F y 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 May 24 , 1989 Babatz Residence 1650 Lake Lucy Road Excelsior, MN 55331 Dear Resident: On June 5 , 1989, the Chanhassen City Council will be considering whether to reissue the kennel permit for Windwalker Kennels , owned by Mr. Phil Mathiowetz at 1630 Lake Lucy Road. The permit is being contested by Mr. Al Krueger at 1600 Lake Lucy Road. While you may have already been contacted by someone from the ' City inquiring whether this kennel is a problem, we would also like to solicit your input if you have additional comments . Please feel free to contact me by phone or mail prior to June 5 , ' 1989 , if you would like. Thank you for your assistance. Sinc- y, ,�6 S * t Harr ' Assistant Public Safety Director SH:ks 1 • - I • C-- I z1/ AlEASSE1 ,,,,,,,, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 I May 24 , 1989 I Bast Residence 6510 Yosemite I Excelsior, MN 55331 Dear Resident: I On June 5 , 1989, the Chanhassen City Council will be considering whether to reissue the kennel permit for Windwalker Kennels, owned by Mr. Phil Mathiowetz at 1630 Lake Lucy Road. The permit I is being contested by Mr. Al Krueger at 1600 Lake Lucy Road. While you may have already been contacted by someone from the I City inquiring whether this kennel is a problem, we would also like to solicit your input if you have additional comments. Please feel free to contact me by phone or mail prior to June 5, I1989 , if you would like. Thank you for your assistance. Sinc ely, .4 - I (Ai Scott Harr I Assistant Public Safety Director SH:ks I I I I • CUYOF �1 S SEW 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' - (612) 937-1900 May 24 , 1989 1 Ryan Residence ' 6480 Yosemite Excelsior, MN 55331 ' Dear Resident: On June 5 , 1989 , the Chanhassen City Council will be considering whether to reissue the kennel permit for Windwalker Kennels , ' owned by Mr. Phil Mathiowetz at 1630 Lake Lucy Road. The permit is being contested by Mr. Al Krueger at 1600 Lake Lucy Road. ' While you may have already been contacted by someone from the City inquiring whether this kennel is a problem, we would also like to solicit your input if you have additional comments . ' Please feel free to contact me by phone or mail prior to June 5 , 1989, if you would like. Thank you for your assistance. Sin - 1y, AO cott Harr Assistant Public Safety Director SH:ks 1 I 1 I 1 . _ / . CTY OF , 11 ■14 II \I. 1 ['iE ' ' rg - \ Lj - : La EX ' A S S 1:: N II 4 ' L,),J., `\ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 "'7 (612) 937-1900 II II TO: Scott Harr, Assistant Public Safety Director II FROM: Bob Zydowsky, Community Service Officer SUBJECT: Windwalker Kennel Complaints II DATE: May 10, 1989 II As instructed, I went out to the area of the Windwalker Kennels and asked all II residents within 500' of the kennels if they have ever heard or have had any problems with barking dogs from the kennels. Following, are the addresses and their responses: 6480 Yosemite, Ryan residence, Never any problem II 6510 Yosemite, Bast residence, No one at hare, phone disconnected II 1650 Lake Lucy Road, Babatz residence, Never a problem 1690 Lake Lucy Road, Palmer residence, Never knew the kennels were there. I 1645 Lake Lucy Road, Mielke residence, No one hare, no phone contact 1571 Lake Lucy Road, Phillips residence, Never a problem, that's what the contry II is for. As you can see by the responses I gathered, there has never been a problem with II barking dogs or any other type of animal complaint from the kennels. Everyone that I talked to was very sincere and honest about their opinion of the kennels. II (R-io NO (--)(-Th Bob Zydowsky, CoMMunity rvice Officer II II 11 II ma 1 CIIYOF L.. \ 1 `\ - '' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I —'-s. (612) 937-1900 1 MEMORANDUM ITO: Karen Engelhardt, Office Manager vf FROM: Scott Harr , Assistant Public Safety Directors 1 DATE: May 26 , 1989 1 SUBJ: Windwalker Kennel Permit Application Karen, 1 Phil Mathiowetz has requested that the agenda item on his kennel permit be cancelled on June 5, 1989 , and rescheduled for the I following Council Meeting, June 19 , 1989 . Would you please con- firm this with me so that we can get a notification right away to Mr. Mathiowetz and Mr. Krueger. Thank you. 1 C: Jim Chaffee, Public Safety Director I V I \ ,/ / < I ° 1i .. I . I I I I sis . 1 1 T A S T 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM 1 TO: Scott Harr, Asst. Public Safety Director FROM: Jo Ann Olsen, Asst. City Planner 3'1✓ DATE: May 15 , 1989 SUBJ: Commercial Dog Kennels The subject property owned by Phil Mathowitz is currently zoned RR, Rural Residential. The Rural Residential District permits a commercial kennel as a conditional use ( Section 20-594, 5 ) . A ' commercial kennel is defined in the Zoning Ordinance as an establishment in which dogs, cats or other domesticated animals more than one year old are housed, groomed, bred, boarded, trained, or sold for gain. The Zoning Ordinance defines a pri- vate kennel as any place with three or more dogs or cats over one year of age are kept or harbored. Such animals being owned by the owner or lessee of the premises where upon the animals are kept or harbored. Therefore, the kennel located on the Mathowitz ' s property is considered a conditional use and any structures must meet the required setbacks of the ordinance. The subject property currently does not have a conditional use permit. Therefore, the commercial kennel is a non-conforming use. A non-conforming use can continue in its present use but cannot be expanded or discontinued for more than a year. 1 1 i 1 1 1 Al & Carolyn Krueger 1600 Lake Lucy Road Excelsior, Minnesota 55331 May 12, 1989 Bill Hoyt, Councilperson 690 Coulter Drive PO Box 147 Chanhassen, MN 55317 Re: Windwalker Kennels, Phil Mathowitz Dear Bill, ' Iam writing in a response to a letter dated April 28 that I received and a conversation I had with Scott Harr. I was at city hall the early part of last week on a different matter and happened to see Scott Harr. He said that he was in contact with Gary Gandrud and was attempting to set up a meeting with both parties involved in this kennel situation. On that part I give him credit for trying to work things out. The problem i have is, that Public Safety Department is disregarding the ' councils orders of contacting all concerned residents in the area that are affected by the kennel. When I left the Council meeting after my say on the kennel, I understood that the city staff was to contact all residents in the area regarding the kennel. Well between Jim & Scott, they have ' taken it upon themselves to your orders. They have put on the agenda for the May 22 and you will not have the local residents input as to a commercial kennel and it's effects on our neighborhood. ' i would advise the council to remove Scott & Jim from this issue as the are NOT neutral on this issue. ' I would very much like to attend the council meeting of May 22, 1989, but I will be out of town until the 5th of June. Please if at all possible, reschedule so as I may attend. If you choose to reschedule, this will also ' give you time to order Jim Chaffee & Scott Harr to complete the councils motion. Thus reaffirming that you are in control of the city's policies not the departments setting them as they choose. This will also let you make a decision with all the input needed so it will not need to be tabled again. Please keep me informed as to you intentions. Thanks for you cooperation on the matter. Sincerely ob,/,7 IAl Krueger Copies Scott Harr Jim Chaffee ALL Council people CITYOF g r ;,..A N 0BANBAsszs .. , .. ,. ..,,.. 1 7 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Er'-',;„ .,._ tte-Yri MEMORANDUM I TO: Don Ashworth, City Manager FROM: Jim Chaffee, Public Safety Director ' t% ki ,,t, ;.--- - ' DATE: April 19 , 1989 °_-- - ` -7- SUBJ: Kennel Permit Request, Windwalker Kennels , 1630 Lake Lucy II Road Please find attached a memo from Scott Harr to me stating that I a g tha based on the information we have to date, we can find no reason I not to suggest re-issuing the kennel permit to Windwalker Kennels at 1630 Lake Lucy Road. You may recall a recent letter from Mr. Al Krueger indicating that he does not want the kennel permit issued to Phil Mathiowetz and Windwalker Kennels . Mr . Krueger is I a neighbor of the Mathiowetz ' s and it would appear his arguments are similar to the arguments that he presented last year at about this same time. I As stated in Scott' s memorandum, we have been unable to substantiate any of the complaints received from Mr. Krueger. However, in December, 1987, Deputy Dave Selinski responded to a complaint at I Mr. Krueger' s residence and did verify and confirm the loud barking by the Mathiowetz dogs. That was approximately l2 years ago and at this time we have not been able to confirm a problem II with the Windwalker Kennels and barking dogs. I have written a letter to Mr. Krueger indicating that we are Irecommending to the Council issuance of the kennel permit with the remedies to Mr. Krueger being the same as they always have been, and that is to contact the Sheriff' s Department when a violation is occurring. At that time, a deputy will respond I and either confirm or refute the complaint. If the complaint is confirmed, the deputy is to issue a citation to Windwalker Kennels. This would appear to be a reasonable solution to a potential problem. II II II II NE CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 i MEMORANDUM TO: Jim Chaffee, Public Safety Director FROM: Scott Harr, Asst. Public Safety Director 1 DATE: April 14 , 1989 1 SUBJ: Complaint From Mr. Al Krueger, 1600 Lake Lucy Road This memo is to advise you that I am in receipt of the April 3 , 1989 letter from Mr. Krueger to you regarding Windwalker Kennels . Please be advised that we have followed up on past complaints from Mr. Krueger, and have been unable to substantiate his arguments for not issuing this kennel permit. In fact, Ani- 1 mat Control Officer Bob Zydowsky recently conducted a kennel inspection, finding it acceptable. 1 I have called Mr. Krueger ' s attorney on at least four occasions , without receiving return calls , and getting a comment from the attorney once that he did not have time to talk to me. I also talked to Mr. Krueger when he was in City Hall once attempting ' to explain my position, resulting in his walking out on me. I have no reason to not reissue this kennel permit, based on ' having done everything we can do to help Mr. Krueger . Should you have any questions, please see me. ' CC: Don Chmiel , Mayor Don Ashworth, City Manager Ursula Dimler, City Councilperson 1 1 1 1 1 1 Al Krueger 1600 Lake Lucy Road Excelsior, Minnesota 55331 April 3, 1989 Jim Chaffee, Public Safety Director 690 Coulter Drive Post Office Box # 147 Chanhassen, Minnesota 55317 Re: Windwalker Kennels, Mr. Phil Mathiowitz Dear Jim Iam writing in response to my objections with the problem of Mr Mathiowitz's dogs and the renewal of his kennel license. It's an on going problem for me and my family. There have been numerous complaints through your office and through the sheriff's office. ' As a family residing in the City of Chanhassen, I should not be subjected to a commercial kennel next to my home. In all cases when the barking finally wears us down, I call Phil or his wife and of course they tend to the problem. If they are not home, I call the sheriff, and then they can't do anything either. The issue of kennels and permits in your city needs to addressed, and changed. When you as the city issue a permit you should at least require a 24 hour number. And at least have enough courtesy to contact the people who are directly affected. It should also require more than just publication in the local paper. of the application. We hear barking at all hours of the day and night. They bark early in the morning. They are hungry. We hear dog dishes clanging as they are pushed around the kennel. Our kids play the piano to barking dogs. Another issue is the of new dogs each year. You finally get used to one set of dogs, then new ones are added. Then we have to adjust to the new dogs and training habits. I owned my home for 10 years. Long before I was subjected to these dogs. - issue this license as requested. I expressed my complaints last year you seemed to take favor with the kennel. 1 ' I have retained an attorney on this matter. He has advised me that all communication on this matter should go through him. If this matter is not settled now, and in a manner to ' our liking, we will file suit declaring the kennel a public and private nuisance. The city has an obligation to act in this matter, if they don't act prudently, their involvement ' in any suit will be determined then. You have forced me to live with this problem too long. Please address all correspondence on this matter with: 1 Gary Gandrud Faegre Benson ' 8400 Normandale Lake Blvd. Suite 1150 Bloomington, MN 55437 921 2209 This letter has not been mailed. It was hand delivered through transmittal procedures. ' Sincerely Al Krueger ' Copies File ' Scott Harr, Assistant Public Safety Director Don Chmiel, Mayor, City council member Don Ashworth, City manager Ursla Dimler, City Council member -City Council Meeting - August 22, 1988 \ ir N ' Q, c Mayor Hamilton: So we need to table this until, oh and the sign also should be , a part of that. Bernie: I have not been following this but I am wondering why the restriction is placed on a businessman to have restricted hours when the competition certainly dictates that putt-putt courses, their best hours are from 8:00 to 10:00 at night. I'm wondering why his position is so unique that we should have II to restrict him from sunrise to sunset? Mayor Hamilton: When we first looked at this Bernie, John had a hand drawn plan IIthat he brought in here and the neighbors objected to it. We tried to work with John all the way through this process and it's been kind of one frustration after another and just as it occurs now he's got lights out there that were not approved and he goes ahead and puts them up there without getting permission II from the City. If he wants to have lights out there, he should come in here with a plan like anybody else that's going to try to do something. To just go ahead and do it, like Bill says, that's not the right way to do it. This was several years ago when the first plan came along and we said we weren't going to II allow him to have the high pole standards and at that time was when we said sunrise to sunset would be his operation. So I think since that time John has talked with the neighbors and they have seen that it's not going to be the II nuisance that they thought it was going to be but he's got to come back to us with an amended plan to try and change it. IIJohn Pryzmus: .. .I have worked with the neighbors. . . Councilman Johnson: When you started talking about your water system, I hope you realize that when you start serving that water to people, either in that LI machine or in that water fountain, you have created a public water supply by State Law and you have to do certain water quality tests on that on a routine basis. You'll need to coordinate that with the County Health Department. You'll II need to do that and file your reports of this. At one of my rural plants I work with, they have one coffee machine that is hooked up to water, otherwise they have bottled water everyplace. We got stuck because you have more than 25 II employees there, as a public water supply system. So you're in the same boat there so watch out for that one. Mayor Hamilton: He hasn't hooked it up yet. II Councilman Johnson: It's a fairly simple test and I think they're probably going to be annual tests, I'm not sure. Our test requires to be once a year II testing for bacteria and that kind of stuff. Mayor Hamilton moved, Councilman Gevi.ng seconded to table review of the Pyr emus I Driving Range and Miniature Golf Course until a plan is brought back with additional information. All voted in favor and the motion carried. II At REQUEST FOR KENNEL PERMIT, 1630 LAKE LUCY ROAD, PHIL MATHIOWETZ. Jim Chaffee: Mr. Mathi.owetz is here who is the applicant for the kennel permit. II He is here because we've had complaints from a neighbor, Mr. Krueger, which I'm sure Council is well aware of since he was sending all the information on the 61 64 ! 4 \v�City Council Meeting - August 135 Z I Mayor Hamilton: What kind of dogs are they? - Phil Mathiowetz: German Shorthai.r dogs. I V' Councilman Boyt: So far I gather from what we're read, that ou action to reduce the impact to the dogs. Y have taken some me II so they couldn't see the road for insttanceloratheofrontiofstheohouse. Isnt them right? s that Phil Mathiowetz: We built a privacy fence along the whole side.. . They can't I see up onto the road. For all intensive purposes, people can't see in and the dogs can't see out and that pretty well eliminated an walking by. We require, as people walk b think some elofs with uegere II concerns may be a bit over stated. We've done everything that Ithink�weercan. I'm always open to suggestions if anyone has anymore. I'll tr an thin anyone has any concerns. Y any thin if IICouncilman Boyt: One point that Mr. Krueger made was that the dogs seem to be in control when you were home and when no one was home, there seemed to be more II of a problem. How are you controlling the dogs when you're not at home? Phil Mathiowetz: I guess I have a fairly large disagreement over that part because I don't hear them when I am home, atleast on•theu�er II weekends or during the week when someone is home. We've had people stay and take care of our house when we're gone, and they haven't had any problems. We did have a problem with one dog and we put a bark collar on it, put a electronic schock collar, so I had her surgically debarked and that didn't work I all that well so I just sold her. I just got rid of her. now that has a bark collar on it and that controls him. I bought a young dog II Councilman Boyt: I have a couple of comments, just in general. I think some of these I've already mentioned to Mr. Chaffee so I won' t go over then but my biggest concern is that this was supposed to be reviewed in April and it's August. Next year if there's a complaint between I be sure that this is reviewed in April not August as ourdo dinancceirequires. to think that from what I've heard, efforts are being made. From what I read from Mr. Krueger's commitments to do things, he hasn't followed up on that. I have II some sympathy with him. I think that we can all understand how a barking dog can wake one up and you choose not to call to complain. You just hope the dog stops and 5 minutes later it stops and you go back to slee II problem, even if you don't call and complain. p• That's easol a action to stop your dogs from bein a p I think you've taken reasonable long as you continue g problem to your neighbors, I think as to take reasonable action, you'll II a private kennel there. I think it's the City's iresponsibiliity o belvery have responsive to people who are seeking quiet. I think the City has taken every effort to do that and I would expect they'll continue to take every effort. IPhil Mathiowetz: Can I respond? As far as making the application in April, we contacted the City and they said that they were reviewing the application form and they would send it out when they got it ready. It took some time and IIalthough I guess I didn't send it back any faster, I will take part of the blame for that but I think the City has got a take a little bit of the rap. [7 ' ICouncilman Boyt: I agree with you. 66 I i' city Council Meeting - August 22, 1988 I IIPhil Mathiowetz: I'll apply in April again. - Councilman Boyt: I'm not holding you at all responsible for that. I think II that's the City's responsibility and we didn't follow through on i.t and I think you should be approved for a permit between now and next April. II Councilman Geving moved, Councilman Johnson seconded to approve the request for Kennel Permit for Phil Mathiowetz at 1630 Lake Lucy Road up to April, 1989. All voted in favor and the motion carried. I DISCUSSION OF DECK REQUIREMENTS FOR CHAPARRAL QUAD-UNITS. II Mayor Hamilton: Jo Ann, we had asked you to bring this back to us with some, in fact I think we made a motion dealing with some of the things that I thought you had put in your recommendation like still charging $75.00. I think we had said II two weeks ago that we didn't want people to be charged for that, as I recall. Since no one else had been charged, we said no one will be charged from hereon. I must have misread it. The size of the deck was my only other concern. It II seems like we should say the size of deck, if you're going to put one on there is going to be so big and not give them a choice. It's got to be the full width of the unit, however far out they've been making than so it's about the same as II the rest of them. But you know there are some that are like a half a deck. I think it looks like heck. We shouldn't allow those to be built. They snould ? make it the full width. They look nice. They do a nice job on those. Councilman Geving: I think Tom the real issue is that the deck shouldn't extend more than 10 feet into the variance area, the sideyard or frontyard or whatever the variance position is so that it doesn't exceed more than 10 feet. We don't ' care about the size of the deck. Mayor Hamilton: I do. Councilman Geving: The Cimarron Homeowners Associations can cont I that anyway. Mayor Hamilton: But if we tell them that we want to see just full width decks, II it looks much better. Councilman Geving: I hope that they do put a full width but I'm only concerned, II personally from a variance standpoint, not exceeding 10 feet into the variance area. Mayor Hamilton: That's fine. For aesthetic reasons, if we made it he full II width, that would be much better for the whole neighborhood is what I'm saying. Did you have anything you wanted to add? ' Jo Ann Olsen: We came up with general guidelines on what we wanted. Are you saying that you still want each one to come in separately? Then you're also saying that any deck that does come in would have to be 10 x 20. II II 67 II r 1 ./ D- . CCI`' • U ' v ti_lj PERMIT NO. 64L )1.) ' IL'"F. oity s �* CITY OF CHANHASSEN /Z�G�f 2426, 7610 LAREDO DRIVE - 4� CHANHASSEN, MINNESOTA 55317 T �/ APPLICATION FOR KENNEL PERMIT FOR THE KEEPING OF MORE • THAN TWO (2) ANIMALS (DOGS & CATS) OVER SIX (6) MONTHS I • OF AGE. DATE Jane /6-, /988 �n a. I . APPLICANT AND OWNER 2 # r.R ��o /lig77+�'aw2� ADDRESS 1(030 LA 1 a cy --R,a J xess;a r , M/✓ 5533/ f WILL THE ANIMALS BE KEPT AT TELEPHONE NUMBER V79/-5/S7S SAME ADDRESS AS ABOVE? YES (X) NO ( ) IIF NOT, STATE LOCATION NUMBER OF DOGS OR CATS NOW OWNED: INO. S BREED 4erme+n .5hor1.:rf Air: M. F.F. ,3 SPAYED/NEUTERED /Zwt,e.- I NO. BREED M. F. SPAYED/NEUTERED NO. BREED M. F. SPAYED/NEUTERED IIF THE NUMBER OF DOGS OR CATS OVER SIX MONTHS OF AGE IS TO BE INCREASED, A NEW APPLICATION MUST BE SUBMITTED. IIS THIS KENNEL APPL ICrTION FOR: COM, ERCIAL OPERATION NON-COMMERCIAL OPERATION HAVE YOU SECURED RABIES INOCULATIONS : YES (74.) NO. ( ) DESCRIBE HOW ANIMALS ARE CONFINED 3X 1(o Covet �> t a‘or eor Kennel /^uns 6v;��f - - -, if?a ors ilSt4/g7leof /louses. A $o' X ZS, ' -pence,( a 7cerci S¢ are4 I SolinvAancic 4 kennels. ,4n%n,4/S 7' e�I Q�e Con .r� ��a,S q 4 n.•5'`zt; I . i, . x . / 70 "l� Signatu•- of Applicant & Utvn�r Y \,1 G, 0 • \ \� L\ ,, -�- L `_: 7c,-i� /i C �•` �-/. V 4 7 ,,j r '' ,,,y S�- :it, (7J^CJ ._ 7- / � �L�1./l.,(_ � i i. (, � (�" r I L /i / ' ,./4z.Lr 6L C )LL _, /-1(7- _T ('-_-. - �YvGtS U�-��. Cr t-C�, � � . Liu a_ 24e,_ ' 7 luiaLtz. Lei irkai(it4L.r. Utt, (,ttic 1 - , ! .- k_. ) t1 Lc C -IL.c. ( P J tt vu- }, curp__.(_/ 3 ti\)iyt__*ie.tr..e...r r--/-r-7,n -tAx._ C74j/& /- ) I . Te r-ni.f &fp-1-tquct. 5 &r- i C2 ' O_LcLL k-pLra:7L--1_ 1 ., cit===. I 1 . . __. I I 1 I I I I I I I I I - • 4 CITY OF CEAWE .•., ..r11 7610 LAREDO DRIVE•P O. BOX 147•CHANHASSEN, MINNESOTA 55317 (612) 474-8885 1 KENNEL PERMIT License Number: 06-88 $ 25.00 Fee: ' Date of License: August 24, 1988 Expires•April 30,1989 Owner• Philip & Myrna Mathiowetz N. Address : 1630 Lake Lucy Road, Excelsior, MN 55331 ' Phone: 474-4515 Name of Kennel: ' Approved by: 41_ idlo-ia_etZ ' City Manager • • I if 4 (7 ( _ / 0 II CITY QF = CHANHASSEN A -13 1 '... ., I ....._ . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 Y°� (612) 937-1900 Actkn by Cty r rtstrtat II MEMORANDUM E^,_'orsed c./ -- IITO: Don Ashworth, City Manager FROM: Jim Chaffee Public Safety Director Date �1.16_/�y � Y Dare Submit:.:: to Commission II DATE: August 15, 1988 Date S,:omt112:1 to (.,unC1l SUBJ: Kennel Permit Application, Phil Mathiowetz �'/2Z1 1 Please find attached a report from Scott Harr concerning a kennel 1 permit application from a Mr. Phil Mathiowetz of 1630 Lake Lucy Road in Chanhassen. Late last year, Mr. Al Krueger came into this office to complain about a oroblem that he had been having II with his neighbor, Phil Mathiowecz, and his kennel. Mr. Krueger complained that the dogs housed in Mr. Mathiowetz ' kennel barked continously, bothering Mr. Krueger and his family. From that day on, Public Safety has responded with diligence to every complaint II received from Mr. Al Krueger. We have discussed the problem with Mr. Mathiowetz who has responded to each and every one of our calls . 1 Mr. Krueger has been continually advised to call the Sheriff' s Department each and every time the dogs are barking and creating II a disturbance. In my March 25 , 1988 letter to Mr. Krueger, I advised him again, to contact the Sheriff' s Department and that a deputy would respond and take whatever action would be necessary to remedy the problem. The Carver County Sheriff and the depu- 1 ties were made aware of our chosen course of action regarding this alleged nuisance. - You will also note in the third paragraph of the March 4, 1988 letter from Mr. Krueger to me that Mr. II Krueger will be keeping a log of all barking disturbances and will be mailing copies monthly to each person listed below. The March 4 letter from Mr. Krueger was the last correspondence that this office has received or been made aware of from Mr. Krueger II until his letter of July 26 , 1988 in reference to the public hearing regarding the kennel permit for Windwalker Kennels. Almost five months had elapsed since Mr. Krueger indicated that 1 he would be notifying us each time a problem occurred. You will note that I have attached a letter from Mr. Mathiowetz dated June 24, 1988 stating that it had been some time since he had heard IIfrom his neighbor Mr. Krueger regarding problems about his ken- nel. Mr. Mathiowetz states that he assumed that any problems or concerns regarding the private kennel no longer existed. II I 3 Don Ashworth August 15, 1988 Page 2 Analysis ' It would appear from all correspondence and documentation that Mr. Krueger has a concern about the noise emanating from Mr. Mathiowetz ' kennel. It is also evident that Mr. Mathiowetz has done everything within reason to alleviate the problem. You will also note that since Public Safety was made aware of the problem in late 1987, only one barking dog complaint has been received. ' The remedies offered Mr. Krueger are still the same, i .e. 911 response from the Sheriff' s deputy if a problem occurs. Recommendation In light of all the evidence, it is staff' s recommendation to grant Mr. Mathiowetz ' request for a kennel permit with the ' understanding that should a problem occur, Mr. Krueger has a responsibility to call the Sheriff' s Department to record the problem and take proper action. Only then will we have a firm handle on the extent of the problem with proper documentation. The Sheriff' s Deputy would then act as a third independent party to verify or rebute the nuisance claim. I t _ • CITYOF .�j CUANBASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ' MEMORANDUM TO: Jim Chaffee, Public Safety Director 1 FROM: Scott Harr, Assistant Public Safety Director ' DATE: July 29, 1988 SUBJ: Kennel Permit Application, Phil Mathiowetz After having posted the kennel permit request made by Mr. Phil Mathiowetz in the Villager, the only response that we have received is the attached letter from Mr. Mathiowetz ' s next door neighbor, Al Krueger, at 1600 Lake Lucy Road. For your reference, I am attaching all documentation concerning this matter. BACKGROUND I Arranged chronologically, attached please find the following: 1 . Incident Report, 12-22-37, by Deputy Selinski , Barking Dog. ' 2 . Letter from Mr. Mathiowitz to Scott Harr dated 1-1-88 . 3 . Letter from Phil Mathiowetz dated 1-11-88. 4 . Letter to Al Krueger dated 1-12-88 . 5 . Letter from Al Krueger dated 3-4-88 . 6 . Memo to Don Ashworth dated 3-11-88. 7 . Memo to Jim Chaffee dated 3-14-88 . 8 . Letter from Phil Mathiowetz dated 3-15-88. 9 . Letter to Al Krueger dated 3-25-88. 10. Letter from Al Krueger dated 7-26-88. In addition, my records indicate the following: 1 . 4-4-88: Scott Harr called Al Krueger, left message. 2 . 4-5-88: Mr. Krueger came into City Hall, told Steve Madden that everything was "ok" and thanked Officer Madden for his help. 3 . 4-5-88: Mr. Krueger called Harr, said his problem was taken care of at night, and that there was some barking during the day. I advised him to call 911 if barking continued, he did not request any further assistance. , i i Mr. Jim Chaffee July 29 , 1988 Page 3 Krueger' s complaints. No other neighbors of Mr. Mathiowetz have complained. RECOMMENDATION i In light of the facts that other than on May 9 , 1988, no complaints have been received (after Mr. Krueger has been directed to call 911/Carver County Sheriff' s Department to report any problems) ; and, that no other neighbors have ever voiced any i complaints, I would recommend that the permit be re-issued. It should be made clear to both Mr. Krueger and Mr. Mathiowetz that all animal-related laws continue to be in effect, and that i the immediate remedy is for Mr . Krueger to call the Sheriff' s Office on any complaint. i i i i i i i I i i -:; -:i- C C C iiii) p lir I, - : . - . ... ...... .., „ , . ;.. .., , -•,' ••••; ,-,-‘..:;.."''.'' I ' ''•'''r"4. ---il: -, :,:'k; ,. ,. '%-,:-:_:!:...;_.;;;,.,°-- ,• ‘•' s. ,-1, 1 'r, , T'';:;•, , '• •I'''. ..„1,:o.,„ ....I' i Y-L,'•‘;••7'!.,'W.,:,; ''.,,,•:* .".. ..:. ,I -, ,:--..:Z1 ,'.,,i-,';‘■- ••, !,^:,'..-"-,'. . . ',.:.‘t,.,,t v..;v: 1' •7. -4., . --.-4,- ,, .i . =,i. -,i,a',0v-!-::: ::... . ,..- : Al Krueger .1600 Lake Lucy Road ,.. . ';'-i-■•••-;: ,: , . -•-,,,,---.4tr,:;A#.:.. 4,-- - -, •1,-.q..-- Excelsior, Minnesota 55331 1.v,... . ,,.. -'.'--.. .•:L::':.,..i -',... -'•;,:;''."1. ..:.:' 1 ,• ,r.;,_„iii,,i(44.-,1','•'- - . ' 26/ 1988 - '. •-' ." - '-' --'"'' - : - 4,:g.,- ,'•,-.',1 , • .•. ' -4 0.y.- :. Y..1•',tic 0 • 4 -- ==:CFirr, "Assistant Public Safety Director -.-- .,..__ _ .;:, : viI444 . :: 69 •11fif-'i.jc,i'V• ,i4:A`tt.71-,' 0 Coulter Drive , •‘• .-,. Post Office Box 4 -147 , . • , ;.;:w • Chanhassen, Minnesota 55317 . ", ',,n7'.4:::: - - , •,,,,,r.,,..0,--- ::_.,,,, y • - Re: Windwalker Kennels, Mr. Philip and Myrna Mathiowitz l• -,,,,>:1-1:. :41f...'';'','1.'i' : '' - -- Dear Scott ..:. - This is a followup to my letter of March 4, 1988. Another thing that I would like to express. There are other -, - -,,,•; ,,.;;:, . . people involved in this kennel. As I stated before, this is _... I Ffe;..,iv a commercial operation. There is a gentleman by the name of ,. ---- - Reg Kroskins that does frequent advertising in various ,- ..... ,- publications and dog shows. This kennel is run for a profit, .. . and I put up with all the noise. This is a residential area II and the city has seen fit to license a commercial operation. . Why don't you check with the State of Minnesota and see who the principles are. I want an end to this kennel now and I for ever more ';--'; 7.4.1s*V7.0.,,,-;:. ..•4‘..?; , • ,4,.' "*.',044-3:_bt.. .":,•..1,'._ ... " . •T44t.• Ott444*.iNft?.;?Pc . • '''..-' "•=rA.:•.1,ji._„,;;Is..',, VV'4-='•'• " t”.',:r-''"‘" " ' _ .":i'l• S`W'''''1•4,".t'A- M, T!-...4..!'-...:., ', _.. •::-.1-4.1%;..... sipfn.:,..-,cere l y .:,,.....„ " .. . 71},„..,4,..,., •,, h . "...,ON V-4 '..ri.-Alt 7...,,'•: ..";-",” r"' , .. , .. .. "W.::' ..4,'./IttVt" •''" • . ,. ':=1‘;;7'.-bv.I.PiiP..,'.;-!`.,• .:';'Al Krueger A „ • ''.! it--•AI,4-401,.1;f: ' ° " Copies I . - _ File Jim Chaffee, Public Safety Director . , , , Rt.C.atvED II AUG 0 3 1988 . , -, • ' • • ..,.- --..- CITY OF CHANhASSEN „ ,--I.',.. .-...p0.,- -.-- -..:-- ma I �� (/~ ��7 . . � I ��. . . ^ , Al Krueger . ' ^ 1600 Lake I. u( \' Road I ' ' '- ''• Excelsior , Minnesota �53�l ` . � . -- . . ' ' ', July 26 l��m . - ���� .. , I ! '.` ' . �� ' '` Scott Harr , Assistant Public Safety Director . 1+ |�� ' 69O Coulter Drive I ' /.�� Post 0ffic e Box # l47 � . ~. , ''� Chanhassen , Minnesota 55317 ' �� �'/ . Re: Windwalker Kennels, Mr. Philip and Myrna Mathiowitz . .' �� . `. � .. �� ��� � �. ` . � �.. , �� � � ��^�/' .'' Dear Jim ^ `� . .� . , I It is the intention of this letter to exprees Ny utter ' , . dissatisfaction with Philip & Myrna Mathiowetz and the ' Windwalker Kennels' II oppose the issuance of any kennel license to Philip Matmiowetz' I have been living with this dog problem for a long time' I have had enough . If it continues, I will be N� for ced to take other measures.' I have owned and lived in my home longer than Mathzowe1z `s Ihave lived in t| eu `` ' I believe I hahave a right tu the piece and quiet that originally c uMe with my home' Philip was lu� ky when he | i, ``t aquir pd hi ; pxi ,1inq li( ense' I And I can ' t �u7 much tor city 's involvement . They have allowed a kennel to be lm uted in a poor lo, a1ion ' The location of the kennel on Philip's property is such that it I affects my home Mote that hi`, own ' A resonating effect has been created by it 's locution and the retire along the street ' The sounds generated are di, oL ted towards my home & 1: I ~ DON' T like it ' . ' ' We are often disturbed by the dogs' I can ' t even walk to my I ' �. ' ' . mail without dogs barking at me' We have a new road. People walk & jog and ride bikes up and down Lake Lucy Road. A fence was built in an attempt to screen these ' '�` disturbances. It 's not very ettective' The result of Id.jstrac distractions is barking dogs no matter the time of day . . . It seems Phil was recently on vacation . He did something • With the dogs' I thank him tor that. More often than not I I hear dog barking in the morning anywhere from 6:30 on Especially when they are hunnr y , they make all sorts of noise' We hear dog,: `ju, trig dinner , when the kids are playing I in our yar d, wh,n they urc p ( ayio`] the piuno, when peoplm walk by . When car + ``top and look at our house. You name the distraction , and the dogs will bar i' I -' ` � '� IJUL. - 8 1988 CIT Y OF CI-JA -,N hAssEN y^� ur ���� ( � . . I Phil does a 1ui, Ly good iob when in home and hears the dogs bark . He holler and the dogs stop. When hes not home ' � and Myrna i� the, e �he hol1ers too, but the dog� don ` t quite I respond to her as the do to Phil ' When the both of them are -- '' : gone, the dog seem to know it' That is when they are the absolute Worst As you know the Sheriff, has been call lO I� ' ' . ' to 12 times in the past year ' When they come out and the MothiowetZ `S are gone, I just have to grin and bear the � barking. The Sheriff tells me that there is nothing they I.. can do if the dog ownerq are not home. That's wrong' One , time the Sheriff sat in my driveway for 30 minutes and '�.�.\', agreed I had a real problem. He was even going to write a � ' ' '` . citation , but someone, someplace stopped it. When you check �� ' ` . 1 your records and the sheriff's records, you will find that . I have had nothing but problems. - This is a money making venture. I would venture to guess ~~ ' that it's treated that way on this tax returns. I don ' t understand why he can sit there in a residential area and I� `^ eurn money ut the dis�ati�faction of n�ighborg' Phil �hoVld be held aGcountable l00% and he hasn ' t been. Phil put in writing to the city that he would put the dogs in at night . He doesn ' t do that and never has. I I also teel that the location of this kennel degrades the values of the homes built and any homes vet to be built. ��I ' have a very nice home with a respectable value attached. What it worth in a residential area with a dug kennel next to it? I didn ' t build my home next to u kennel ' I Please take into atcnunt my tonLe, ns on this mutter and I truly hope that turn down Philip's request for this licen-se now and nn; futu� e � �que`.ts' Please keep me advised of the II situation a� I mm ( once, ned' . . . . ' I ' ' , Sincerely ^�' ^` ^ ' - -. I' "��~.' .� .- ,|-7 Al Krueger � �����,. , I` � � ( , e .~ _ �,/ . Copie,, File I Jim Chaffee, Public Safety Director Al Wallin , Cmrv'`, county Sheriff Tom Humelton , Mayo, , City council member � � Clark Horn , City council member ~� II AM I ( Ir I Da 1 e GE.. i.n ci, C i.I.V C OU 1.1 C 1.1. in P ill b P f I Jay jonnson , Bin Boy t , (ii t.y Counc I.1 in e rnbe r 0 i.I y Coun I: i. 1. nityrribo r , I , . I I , ,l' • , I I I I I I I 1 fr::,.4 . .. . I . . I I 1 I II C r 1 CITY OF A 1 1 L� '' 690 COULTER DRIVE • P.O. BOX 14;,;;�_ 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 July 7, 1988 _ I Mr. Phil Mathiowetz 1 Windwalker German Shorthaired Pointers 1630 Lake Lucy Road IExcelsior, MN 55331 Dear Phil: I am in receipt of your letter dated June 24, 1988 regarding your II private kennel. I am not aware of any correspondence or com- munications from Mr. Al Krueger in the recent past concerning 1 problems with your kennel. Scott Harr is on vacation and not due back until July 11 and, unfortunately, he is the one handling this matter. -- IIPlease feel free to contact Scott regarding your kennel license and I will also talk to him concerning this issue. If you have not sent in your application form and rabies certificate please II do so. Sincerely, l / II m Chaffee blic Safety Director II JC:k _ 1 cc: Scott Harr , Assistant Public Safety_Director II 1 1 II III im .� , ' ` June 24, 1988 Mr. Jim Chaffee,. Director ~� Chanhassen Public Safety Dept. ' 690 Coulter Drive , Post Office Box 147 - m� Chanhassen, Minnesota 55317 r .= ^ `. _ Dear Chief Chaffee: - . . . '�� ' has been sometime since my neighbor, Mr. Al . Kruegers - « '' last letter to you concerning our private kennel . To this - • N� date, I have not received any correspondence from either the ~~ City of Chanhassen or Mr. Krueger as was indicated in his letter. N� I therefore assume that any problems or concerns regarding our private kennel no longer exist. N� Please let me know your position regarding this situation, or if I am in error with my assumptions. Sincerely, Q..eipienaLLIA4 N� Philip Mathiowetz Windwalker German Shorthaired Pointers 1630 Lake Lucy Rd. N� Excelsior, Mn. 55331 _ ' -- . _ °�� . ��� ' �. '`-^.. -_ . ��. � - ~ ' . ~. . ^--`- 1 1 JUN 2 7 q , CITY SN.CHAVote6aatA ( P 1 CITY OF CHANHASSEN 1 tax r 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 - 1 June 16 , 1988 I ' Mr. Phil Mathiowetz 1Windwalker. Kennels 11630 Lake Lucy Road ! Excelsior, MN 55331 4 ' Dear Phil: ! I apologize for the lateness of this response, but I hope you will understand how busy we have been. When I last spoke to you on the telephone, I told you that I would look into the Public Safety Commission meeting minutes and send you any documentation that I found concerning your situation with the kennels . Although you were listed on the agenda, I was unable to find any reference in the minutes to your problems with your neighbor, Mr. Krueger. As always, feel free to stop in and see me at any time and if you have any questions, please call. 1 Sincerely, 1 im Chaffee Public Safety Director • JC.k cc: Scott Harr, Assistant Public Safety Director 1 I 1 ... ..',+ .►a - I ` ,. 1 .s G CITY OF 1 ,,1:,, .„ f -. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 .�. (612) 937-1900 II March 25, 1988 1 Al Krueger 1600 Lake Lucy Road IExcelsior, Mn 55331 Dear Al; II apologize for the delay in responding to your letter of March 4 , 1988 , regarding Windwalker Kennels and barking dogs. I was of the belief that Phil Mathiowetz ' s letter indicating I how he was attempting to take control of the barking dog situation provided a relief to your problem. Your letter indicates that it has not. 1 We will continue to do everything in our power to help you solve what you feel is a nuisance problem. As we have indicated to you before, however , is that you will need to 1 contact the Sheriffs Department each time the barking dog/s disturb you. Only then will we have the statistical handle on the frequency and severity of the problem. 1 You stated in your letter that a deputy did respond to your complaint and said that he would file a complaint. When we last discussed this incident you could not remember the date nor the deputy' s name that handled the call . At that time I stated to you that it would be difficult to locate the complaint but that I would see what I could do. II did identify the deputy that responded to your call of barking dogs on December 22, 1987 , and located the report 1 that he wrote. The information was passed on to the Chanhassen Animal Control Officer , Steve Madden, who investigated the incident and began to take steps to alleviate the problem. At that time he contacted both Phil 1 Mathiowetz and yourself in an attempt to work out a solution. Mr. Mathiowetz was very cooperative and has been working with us to prevent his dogs from barking and causing a 1 disturbance. Apparently all the remedies offered by Mr . Mathiowetz are not IIproducing acceptable results and for that reason I am 1 im (7 (7 suggesting the following course of action: 1) When the dogs are barking and creating a disturbance, please notify the Sheriffs Department. A Sheriffs Deputy or the Chanhassen Animal Control Officer will respond and take whatever action is necessary. This includes either a citation or formal complaint for violation of our nuisance ordinance. 2) When Mr . Mathiowetz renews his kennel permit, I will place it on the Council Agenda for discussion. A full report will accompany the kennel permit to include the information provided by you. In addition, I would highly recommend that you attend so that you may address the Council to voice your concerns and answer any questions that they may have. As always please feel free to call me if you have any questions concerning this matter. Sincerely, im Chaff:e , Public Safety Director cc/Don Ashworth Scott Harry Al Wallin City Council Phil Mathiowetz ' I a ' . ~ � II »k ( N� March 15, 1988 Mr. Jim Chaffee Director of Public Safety N� Chanhassen Public Safety Department 690 Coulter Street Chanhassen, MN 55317 Dear Chief Chaffee, N� I am writing in response to a letter addressed to you dated March 4, 1988 from my neighbor Mr. Al Krueger. After reading Mr. Krueger's letter, I feel compelled to rebut his N� emotionally inaccurate correspondence. Mr Krueger' s first reference is to his discussion with the N� sheriff sometime last winter. I spoke with Mr. Scott Harr °~ of your department immediately after the sheriff had contacted him. At that time, I outlined my course of action to him in a letter dated January 11 , 1988. All of the actions outlined in that letter have been completed, and the problem with the dog in question has been virtually eliminated. In reference to the complaints of March 1st and 3rd, Mr Kruegers call on the 1st was immediately handled and the dog quieted. I am unsure of the specific reason for his N� barking. The incident on the 3rd however, is at the least misquoted. I was already responding to a young dogs second bark when Mr. Krueger called. Mr Kruegers phone call was N� answered " I am hollering at her now" . Investigation for the cause of the barking revealed that the dogs access door had somehow become stuck and she was not able to get back into N� _ her dog house. ' ~ Since Mr. Kruegers letter, I have changed the feeding patterns of the dogs in an effort to work with Mr. Krueger, ' so as not to disturb him or his family. The issue of dogs � barking at people as they walk by is grossly inaccurate. The weekend of March 5th and 6th I counted 33 people either N� biking or walking past my house some had dogs, some were children, and some were in groups. During that time, the dogs barked only once when another dog came into the yard. Since any dog will bark when its yard is invaded, I don' t N� see this as a major problem. The dogs are used to the traffic on the road and they are simply ignoring it. I have also seen numerous times when Mr. Krueger or members of his N� family have been out in their yard and the dogs simply ignored them. I believe Mr. Krueger is overstating what he perceives to be some type of problem. The location of my garage is done to provide the most efficient use of my property. I have continually strived to • �� ��_ °� provide the most eye pleasing and shielded facility possible. I also believe that if you were to measure, you m� would find Mr. Kruegers statement about the proximity to his - home and mine to be unrealistic. Since my letter of January 11 , the equipment I ordered has arrived and seems to be working. Subsequently, I am currently bringing all of the dogs inside and locking them N� up at night. This is extremely inconvenient but will eliminate any barking which may disturb anyone. I take extreme exception to Mr. Kruegers defamatory remark that I am a liar. As I stated in my January letter, on the specific day in question I was in Illinois and had all of the animals I own, except the cat and two gerbils, with me. N� There are several people who would be more than willing to attest to this situation. I have never stated that I always take all my animals any time I am gone, only when I leave N� for competitions. During the time Mr. Krueger counted ten dogs, they were indeed there. They were a litter awaiting better market conditions so that they could be sold. Six of those ten dogs were under three months of age and were gone N� within 45 days after Mr. Krueger counted them. The incident Mr. Krueger references involving the teasing of the dogs was at the very least unfortunate. I have spoken to the party II involved about his inconsiderate behavior and can assure you it will never happen again. Mr. Kruegers reckless accusation that I have a commercial kennel is absurd. I strictly have a private operation. I do not board any dogs other than my own, nor do I offer any services to the public. In fact I have turned away numerous individuals who have requested I keep their dogs for them. Windwalker Kennel is important to my family. It has taken a N� ' tremendous amount of hard work and capital to establish. I want to assure you and the City of Chanhassen that I will continue to work with the city in response to any of their concerns. I would also again like to reiterate that as far N� as I know, no other complaints, questions, or concerns have ever been raised other than by Mr. Krueger. Please feel free to contact me. I look forward to resolving this situation as soon as possible. ' Very truly yours, N� |� = Philip G. Mathiowetz N� Windwalker Kennels 1630 Lake Lucy Rd. Excelsior, Mn. 55331 cc: Mr. Scott Harr CITY OF \ :3 I \ 'I I _ . CHANHASSEN _ �' I -., 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 I ' TO: JIM CHAFFEE FROM: SCOTT HARK DATE : 3/14/88 IISUBJ : WINDWALKER KENNELS Dear Jim, IThis memo is in response to the letter from Mr. Al Krueger , dated March 4, 1988. IBACKGROUND I I first became aware of this situation around the first of the year when Carver County Deputy David Selinski talked with Public Safety Officer Steve Madden and myself regarding a call that he I had responded to at the Krueger residence. The Deputy referred this matter to Officer Madden in light of his animal control duties . I Both Officer Madden and I went to the Krueger home on several occasions , never being able to find anyone at home. Eventually a note was left for Mr. Krueger to call us , which he did. He was instructed to contact the Carver County Sheriff 9- 1-1 phone number Ishould the problem reoccur. We, in turn , contacted Mr. Mathiowitz to discuss the problem. He I stated that he would provide us with a letter outlining his intentions , which we recieved on January 11 , 1988. I then sent a letter to Mr. Krueger, along with a copy of Mr. Mathiowitz ' letter , advising I him to contact me should I be able to assist him further. He was also told by both you and myself at a time when he came into our of- fice to discuss the matter , to call 9-1- 1 whenever the dogs were barking. IPRESENT STATUS II have received no word of subsequent problems on this matter. The first I heard of a problem was when I received a copy of Mr. Krueger ' s recent letter. I was contacted by Mr. Mathiowitz when he received the letter , at which time Mr. Mathiowitz advised me that he had Ibeen using the shock collar, and that the situation had improved. I ..._ . .. ( ( , 1 CITY OF CHANHASSEN I \.\,1 %)P `� _ "'� 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 --, (612) 937-1900 II II MEMORANDUM TO: Don Ashworth, City Manager II FROM: Jim Chaffee, Public Safety Director I SUBJ: Letter from Al Krueger dated March 4 , 1988 DATE: March 11 , 1988 II Scott Harr and Steve Madden have been working with Al Krueger I and Phil Mathiowetz for quite some time. Mr. Krueger has been in to talk to all of us concerning his problem with the barking dogs. We have been doing everything in our power to I help mediate the problem but as you can see Mr. Krueger does not think so. The last time Mr . Krueger was in to talk to us we explained I to him that we were working with Mr . Mathiowetz. We sent Mr. Krueger a copy of a letter that Mr. Mathiowetz had sent us indicating what measures were being taken to prevent the dogs , from barking. Everyone concerned has been making every attempt to alleviate the problem. The unfortunate part is that Mr . Krueger is still being bothered by the barking dogs. I We have now made it clear that the deputies will issue a citation if they are called by Mr. Krueger and the dogs are II creating a nuisance. Mr. Mathiowetz has also been made aware of the situation. In the fourth paragraph in Mr. Krueger ' s letter he complains I about a deputy that came out to his residence upon his complaining about the barking dogs. In fairness to the deputy and the Sheriffs Department, a report was written II indicating that there was definitely a problem with the dogs barking. The deputy did make a copy and give it to our office to handle. A more complete report will be forthcoming including a II response to Mr. Krueger ' s complaint. II 1 IN ' t (7 47 I Il Al Krueger 1600 Lake Lucy Road Excelsior, Minnesota 55 331 IMarch 4, 1988 .=..�... .._ . _. ._ Jim Chaffee, Public MAR 7 1988 I , P lic Safety Director 690 Coulter Drive CITY OF CHANHASSEN Post Office Box # 147 Chanhassen, Minnesota 55317 IRe: Windwalker Kennels, Mr. Phil Mathiowitz ' Dear Jim Iam writing in response to it seems my problem of Mr I Mathiowitz's dogs. It's an on going problem for me and my family. Let it be understood that when his license comes up for I renewal, I would like to be aware of it. I would like to be informed of which person or persons, if not the city council will be authorised in issuing that license. ILet it be understood that each person listed below which include city and council members & carver County Sheriff's I office will receive a copy of this letter. And will be informed in the future of each and every time I have a complaint. i will be keeping an log of all barking disturbances and will be mailing copies monthly to each Iperson listed below. Last time I had the Sheriff out, the officer sat and I listened in my driveway for onwards of a half an hour. He came back to the door and agreed with me that there was a problem and that he was going to file a complaint. That _ complaint was never file. You can't even seem to find the I officer and talk to him to find out why a complaint was not filed. I as the person making the complaint was informed it was going to be filed. Yet the responding officer later I . chose not to. That makes me real mad. My latest two complaints ( 1st) On Tuesday March 1st, 1988 I at 3 : 00 AM I call Phil and informed of his dogs barking. He said "OH, I will take care of it. " The dogs were barking for onwards of 15 to 20 minutes total. More than enough time to disturb both myself & my wife as well as wake up 1 I of my school age children. (2nd) Last night at about 2: 15 AM again the dogs were barking. Again both by wife and myself were awakened. I called Phil again, and I quote "I I have already hollered at them. " But they were still barking. Well we were already awake. These are only the past few times I have called. I have called Phil before at I . I I night. There have been numerous nights that the dogs nark II just enough to wake us. It's hard to call on the first bark, you lay in bed hoping they quit before you attempt to make it to the phone & find the number & call. what Tam trying to say is this happens quite frequently, the dogs I bark enough to awake you but not enough for you to do much about it in the middle of the night. This is NOT only a problem during the night. During the day I is a different story yet. We don't eat breakfast without hearing the dogs. The are hungry & usually Phil is tending them. If people walk by on the street they bark. If I II open my garage door and do what ever on the driveway, they bark. If I make a trip to my mail box, they bark. My kids play outside, they bark. At dinner time, very seldom II do we have dinner without barking in the back ground. On weekends, my children take piano lessons, the dogs usually are barking at some time or another during that time. I do I a lot of writing and often am home during the day, I hear baking. It seems to go on a lot. Often times they don't bark for long periods of time, but its enough to break the piece and quiet. And I fed Up I I have owned my property for aprox 9 years. I selected this area for it's piece and tranquility. The city has seen fit - I to allow a permit to Phil Mathiawitz for the building of a garage & kennel. As city officials, you must haVe just rubber stamped that permit. Because Phil has other property and the location of a kennel away from the road and further II away from my home seems to me would have be far more workable to all. The fact is, in its location now, care and up keep of the dogs is far easier. It's also a fact II that you allowed the kennel location closer to my bedroom that to Phil's. And I hold the city liable for that decision. There was never any contact with me when hsi I kennel was approved, if it was approved, you check your records. The design of the kennel makes a meagaphone effect and amplifies all barking directly towards my home. The fence only adds to the megaphone effect and the dogs are II aware of all sights and sounds on the street, so they still . bark. In reference to Phil's letter of January 11, 1988. Phil . II plan for excessive barking is to combat it with an electric shocking device And bring the dog inside. He doesn't do II that. As I have tried to state, we often hear barking at night. Phil states that I have complained when dogs weren't even I on his property. That's an outright LIE. I went over one time last year when he was gone and a brother or friend taking care of the dogs was there and I counted over 10 I dogs. Lets not fool anyone, when he's gone, he doesn't take all his dogs with him. And that's when they are the I NI 1 absolute worst and the Sheriff can't do anything unless the owners are home. One time while Phill was gone, persons tending was a young male with a female companion, I stood outside the garage and he sat there and teased the dogs. The female was trying to get him to stop because the dogs were going wild. ' The point of the long letter is that Iam SICK & TIRED of Phil's dogs and his operation. He is operating a commercial kennel in a residential area. I have discussed my problem with a friend who is a prominant attorney for several cities. He has informed me the city and the dog owner are liable to a law suit with the conditions that exist. Even in rural towns west of Chanhassen, they request concent from ' affected neighbors before issuing dog licenses. It's about time that Chanhassen and it's city officials do the same, ' Please keep me informed of the actions that you plan to take in this matter. It's gone on too long. I don't want anymore talk. I want something done on this problem or I will take all the action needed through a court of law. ' Sincerely Al Krueger / / Copies Pile Phil Mathiwitz ' Scott Harr, Assistant Public Safety Director Al Wallin, Carver county Sheriff Tom Hamelton, Mayor, City council member Clark Horn, City Council member Dale Geing, City Council member Jay Johnson, City Council member Bill Hoyt, City Council member s ( r 1 CITY OF : • cHANHAssEN 1 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 January 12, 1988 1 Mr. A. L. Krueger 1600 Lake Lucy Road Chanhassen, MN 55317 Dear Mr. Krueger: Jim Chaffee, Public Safety Director, advised me that he had spo- ken with you regarding a dog barking problem concerning your neighbor. 1 I have contacted Mr. Mathiowitz and he stated that he will be submitting a letter outlining the effort that he is making to remedy this. I requested that you be sent a copy of this letter as well. I am anxious to see to it that this situation is dealt with to the satisfaction of all concerned. Please advise if I can be of further assistance on this matter. Sincerely, 1 C-S>2 (.‘ • Scott Harr - Assistant Public Safety Director 1 SH:ktm cc: Jim Chaffee, Public Safety Director 1 1 1 1 1 ( i January 11, 1988 ' Mr. Scott Harr Assistant Public Safety Director _ ' City of Chanhassen 690 Coulter St. Chanhassen, MN 55317 Dear Mr. Harr, Thank you for your call concerning barking dog complaints at my residence. During our conversation you indicated that your office has received complaints. I suspect these came from my neighbor Mr. Krueger. I have also spoken with Officer Madden of your department ' concerning these complaints. I will admit that I have had a problem with one particular young dog ' who has a tendency toward loud and excessive barking. To combat this I have ordered an electronic bark collar which emits a painful electric shock each time the dog barks. Also, I now bring this dog indoors each night to insure that she offers no disturbance to anyone. ' If these methods are not successful , I plan to sell the dog. In the remote chance that I would not be successful in selling the dog, I would have her destroyed. ' As to the nature of any other complaints Mr. Krueger may have ini- tiated, I feel some explanations are in order. Officer Madden indi- cated to me Mr. Krueger had made at least two complaints during a period when no dogs were present on my property as I had all of my animals at a national dog competition in Illinois. One complaint which Officer Ellering handled was my fault, and involved the young ' dog I have already spoken about. Another occasion was a young puppy who became scared during a wind storm when a large piece of plastic blew into the kennel area. ' The most recent complaint resulted when one of the dogs was barking at what turned out to be two juveniles attempting to enter my garage and horse trailer. Mr. Krueger's complaint to me in this instance was ' quite useful , as it allowed me to chase these individuals away and avoid any loss . While I do not profess to be without fault in these matters, I would ' point out that I do not believe you have received any complaints from anyone else. I also believe that I have not always been fairly accused as I am not the only dog owner in the area, but the only one ' with a kennel . I have made every attempt to avoid problems. I have installed wooden fencing to shield the dogs sight lines, as well as the other items listed earlier. Scott Harr January 11, 1988 Page Two ' I am open to suggestions which may help with anyone's concerns. Mr. ' Krueger is welcome to come and discuss any concerns he may have. If _ you think it appropriate, I would be willing to come and meet with you and Mr. Krueger at your office. I do not wish to have or cause any problems with my dogs. I am now, and will continue to be, working diligently to resolve and answer anyone's concerns. I do not, however, wish to be the subject of what I consider to be in many cases unwarranted and unjustified complaints to nurture anyone's cause. Please feel free to contact me. Sincerely, ,p Philip Mathiowetz 1630 Lake Lucy Rd. II 1 11 E. Carver County Sheriff's Deb,. D Chaska, Minnesota o I Offense/Incident Report r I O 'Date reeported: Time: /2 _2 7— _ 7 7 /L1 Q !t,-r Offense Address F Date Occurred: Time No: /1 I St: L k /J F 12-Z Z- ? .zo c) -72 3 76::),376) mac; Offense/Incident as reported): Apt: 1 City: I E I p:a.5%5 r:A- r $ `J Phone: (H)!Phone: (B) I E Grid: �� iBeaC 1NWC: C 'Complainant's Name ek Address �� J C1 + I O , (Last) I / (First) `` I Sex Race DOB l I (Middle) Age 0 No: "K I"^tlam t: lN1z_.1 /.. .4-_,..--pc, t t{ M/F✓f, L/� /U-2 i-41f ' P / 6t / i k L • C Hgt Wgt i Hair f Eyes L Apt: City: $T: Zip:r Victim: Y/N ( Phone: //747_.7 36�} (H) Phone• ' (B) 1 N Comments:' ' /rr — �1�r�-`_ r R Reported By: Ik.ast) (First) (Middle) Reported To: I � (How:��� c..1...,�rr u�/a c bGCee. I fl No: / St: Bodily Injuries: Y/N T Transported to: A//e'1 E Apt: City: ST: Zip: Transported by: I D B DOB Phone: (H). Phone: (B) Describe Injuries/Condition: Y D _▪ Vehicle Involved: Y/N I Veh Yr I Make H Model I Style Next of Kin Notified: (Name.Date,Time) 1 C Col I or I Lic St 1 Lic No. 1 Vin No. I L {{3 l I yen Disposition t Towed/Lett At Scene) • I ( a Keys Disposition —� Record Codes; P S-Stolen R:Recovered L=Lost F •Found o 0=Damaged E-Evidence I-imooundeo SK_Saiekeeinq T=Towed I R Item Record Brand.Make or Model Name Description — Number Code Qty. Property Type Manufacturer Serial Number and Number (Color,Size) Value P E IR T - I Y Property Disposition - ' �4 Total Value Suspect Name: (Last) (First) (Middle) Sex / // i/ Race DOB Age Hgt LV9[ I Hair Eyes S, A ,t,KCY_ li..iee k. e1' rC C'br Kr I M/F Address No: St: 7 V I ?•-�C� ,L k. L L. .[ c S/M(T: I ` '• S ApC City:/7) / $T: / LP-- A Stranger t'��C✓L LL�C TS c`�-.; t .'L't:•t '—�•' Rt,Victim's 9 0 0 Spouse G 0 Gnt:iend J Neignoor P Phone: IH)T Phone RetabextsniP B Relative E x•Spousa H(]Lanaorq K 0 Employer (BI To Suspect C Cl.,Acquaintance F 0 Bovtnend 10 Tenant E L ❑Employee Vehicle Veh Yr Make Model Style Color I Involved YIN � T 0 Adifl Suspect M 0 Customer I 0 Unknown Lic St Lic No. Vin No ❑Add'( Witness N 0 M,vcnant 9 0 Other Comments: 0 0 C'rt.cer Iw Witness Name: 1 (Last) Witness Address T (First) (Middle) No: _ St: N E Aot: ICity: ST; Zip: I S III $ DUB Phone: (HI Phone: l8) iL•oorunq UtI Cer Owiuun �_� ��f. Reviewing�upervisdr Ranx/ l�K/ Name 5e��/4I 5-K/• ID ' �y -z I Rank Name ID I Assisting Ulticer •• Rank Division Nam. ID Page 1 OF Pages CCSG 069 Ell y . Carve County Sheriff's Dep rtment z OFFENSE/INCIDENT FOLLOW UP ARREST c ` REPORT 1 Date of Incident: I /7-- 2 Z —Y 7 I Complainant: Xrt-tec e.r / U,..t.c Zeaiovprd IS' LI Offense: I(iv-K i‘i,» 04-y-.9 I Address: /60C Z-k L 4tc/ I�c' Date of Report: 1 /-Z --2- Z --Y-7 i 5 C:ti c•t_ I --O n- .._./a. -2 2 Y7 cx t a 14'1 A,Fs - - s cif:57).:t 4 e I . -1 __/6 oc) L /e- L,..{ 72. cl ,Tpecc k 7a _ -cr-1._ cv l-vr /41 w ctvc a ,6o f _ �v-%i'vtG r a 1 1' a -� 71-6-e -v,'�, �� / al�:.x l�� �. c1�t el 4_1A,eA__ _ Q-' ' -'ed ck+' 22C 7 i."".S Di-7`- 'f e_ CoL t /et i'i.tel_t.4,- - - e-‘,‘.‹e__ S cou I-ra,LA- G1.LZca.,,,,,--,J ,. _ " e t,‘Je.S"/-- ,.,, -.1 74'1„,_ eC) LL i'24-a.r..e7' f �- f11/e-w,!t�/. 4.1.1 C+v-/- c'c,['TG 7 ' . e o&- to Ia_i'vt ,,,_ G.cJU-.1 e -. '•LA-1G.0 le_ ti Gvt ? e.:%-"E . l _ 4._,--,,:t S c- 7' •- C G,I�T��Ita..e:2 ct!it �:$ I 6 E e.vi_ .. k"a r'' _ I c 1/l S7 Y ?/ .s/v∎e__ ?30 i 1,1 - TL. F✓ c0ti u/0/a;„,.. _.-t als Sa1cl, -1 -E- `l<-r ed c ci ( 1, frtf n.e I c7Gv✓,_�� 6 7LL�'- /?LfGtbi e ( c P& • I ...,/14/ �/ - i.10 G,,e_ i a k l.s"G' 1-6, e- p 6,-c) ii_ e. - /4c-c--(-c:;, ✓ts "/---1/4-2, 're--e �{. / ^ L: .G7GuI� ICL T Y�Gt.Ll 1 �C`.�_ b�.^ f-t ( rt 1 S (X!L C)be'... aC� c L: /✓ :�' i te4•Gt' _e S-p ec lu I t c.v L . 6' L 1/'(�e- v� s' ck r� .-5-( `� 6kf�,.;,1 e- - ----?-K�. - ccl YvC let('vL e.'t-4- u-,C �J .5--C1 vvt ( u( �t 0 P 1° l lA `_-J t T .� _ (d -fie c o �:..t �-// :�/CI - I - r 1 p l a l��vt a ti'T r c.-� T� .-�� �_ ;r"4 --rY�,�77 - 07,.7 60 ,1,1 6,d01"e_..,.... avl re CO PO yYt evia 4.... c t-f-Ct 'I-7,0v, 6 e__ .__ /15:5 cti-e d- --•4 E-117-e,---/ .L / /le{-1- /e/ c o,„,p/��I t^Q�-f-"C /� we„c-F- S /6_3 0 h l4_ Lc., c" (2; 1 G1i,tC +r/se TZ� e e2. L _ jt--K° ---0�//c�--- ` 'Lt� PLO C..%r/2 Uc LA j-cif Ecc°G 4-'(,_-___ c oz_-_‘,7 _,j.. ` f `1`"6, �,/ k--90t,- / = c (pct et /I_. _._/ 2 oZ 3 V�,•'S G74 vt�I e dc,C( 4-tJO.� K ( C (_L� &01,,&(e fiLL:._I °ZS-,414, �J I I I CCSO 070 (REV. 9/86) Employee Name an' Number I - . - 1 1 y ,,,u A/N-= Ls /))/z� c 6,, T 4/7c) yos�f/rte ,4 1r /1Aver 4 0 Jo/NiNS f Pr`"L / 7 1 2` rk6wc-tZ /44�s�.Atva No �L45,64c . 1-/iS Do cs 1 - 1 f 1 1 I -_- Watir anlar- 1 1 1 I 1701 Steller Court ' Excelsior, Mn. 55331 1 August 23, 1988 ' Mr. Scott Harr City of Chanhassen 690 Coulter Street Chanhassen, Mn. 55317 Dear Mr. Harr: II This letter is in support of Phil and Myrna Mathiowetz desire to continue their Windwalker Kennel on Lake Lucy Road. I know that another neighbor has complained about it. As far as I am concerned, their dogs are very quiet. I ride my bike or walk by their place almost everyday and do not hear their dogs. I even live close enough that if the dogs were noisy at night, I would be able to hear them. I believe noise complaints about their kennel would be unreasonable. ' Sincerely, ,-1 Barbara Finstad 1