Goodhue County Land Use Management

Transcription

1 Goodhue County Land Use Management Goodhue County Government Center 509 West Fifth Street Red Wing, Minnesota Lisa M. Hanni, L.S. Director Building Planning Zoning Telephone: Fax: County Surveyor / Recorder Environmental Health Land Surveying GIS Telephone: Fax: To: Planning Commission From: Land Use Management Meeting Date: February 8, 2016 RE: Ms. Sherry Lynn Shoemaker Erik Torjesen Amendment: to an Interim Use Permit for a Dog Kennel for up to 16 (increase from 11) dogs on parcel in A-1 Zoned District, Sect-02 Twp-109 Range AC PT OF NE1/4 OF NW1/4 SEC RECORDED 5/14/93 DOC# , Roscoe Township Application Information: Applicant: Sherry Lynn Shoemaker Erik Torjesen Address of zoning request: th St Zumbrota, MN Township Information: the township has acknowledged the request without comment. Applicant Statement: This is Sherry Shoemaker, giving an update for this new year of 2016 for my C.U.P. with Goodhue County Land Management. I am applying and asking for a additional five dogs. That would make my numbers of canine 16 total. I have worked very hard with a program I have, where I purchase raw beef, trims, ends of roast and steaks and various cuts from a butcher that is fed to my dogs, and also give my dogs raw weight bearing bones for their teeth health, and overall general health from the marrow of the bones. They also get a cut of raw liver once a week. This along with the dry kibble I feed. It very healthy for them, and cost effective for me. I continue to train my dogs, references from my vet on this, as one of my vets comes to the farm to tend to the horses and adult dogs, the dogs are very well behaved. I have rigorous training on the ones I have, so I feel that five more dogs to my program will not be a problem. I will train them as well. I am currently involved with the State for attaining my license with them, Jeff Smith the State vet for our area has been here twice, met some of my dogs and has started to help me with the process. He came here twice so far unannounced. As I want my business to grow, I also do not want more canine than I feel confident that can be cared for the way I want, and also meet the County and State regulations, that is why I ask for 16 total and no more. I am asking Goodhue County Land Management to consider my request for update to 16 dogs. And I am at this same time working to apply with the State for my License with them for the 16 dogs. The State vet wants me to meet all conditions with Goodhue County first, and the State next. Regard's Sherry Shoemaker 01/04/16 Page 1 of 4

2 Background: The above entitled matter came before the Goodhue County Board of Commissioners on the 6 th day of May, 2014 on a petition for an interim use permit pursuant to Goodhue County Zoning Ordinance. IT IS ORDERED that the Interim Use Permit to operate a training and breeding kennel is hereby approved with conditions. Clarification needed: Concerns were heard at the 2014 public hearing for this item about the practice of allowing the dogs to run outside of the fenced areas on the property and the condition: Appropriate precautions will be taken to prevent dogs from leaving the property was added to the IUP. Clarification is needed. Update: LUM Staff preformed a site visit in early 2015 and confirmed that all physical conditions of the IUP are being met and confirmed that 11 adult dogs could be on the site. This year, 2016, Ms. Shoemaker would like to increase the number of dogs on site to be up to 16 adult dogs. Actions for consideration: Staff recommendation: Based LUM staff review of the submission and project area prior to the public hearing. The following should be edited to reflect any concerns raised at the Feb 8th, 2016 PAC meeting and public hearing: Draft Findings of fact to support approval: A. The kennel does not appear that it will be injurious to the use and enjoyment of other property in the immediate vicinity, nor substantially diminish and impair property values within the immediate vicinity. B. The kennel does not appear that it will impede the normal and orderly development and improvement of the surrounding properties. C. The existing access driveway currently accommodates the kennel, and all other existing buildings. No new accesses will be constructed. The open areas of the kennels do not need to be further graded to provide adequate drainage to avoid collection of stagnant water, unnecessary runoff to adjoining properties, and to prevent soil erosion. D. The applicants have an off-street parking area in front of their existing barn building to accommodate their kennel vehicles and visitor s vehicles. E. The existing vegetation, topography, and location of existing structures appears to provide an adequate buffer for sight and sound. The proposed kennel is to be located on a 5-acre parcel; approximately 1200 feet from an intermittent stream; and approximately 1,250 feet from the nearest neighbor s dwelling. The proposed Kennel site is wooded and shielded to the south and east; tillable crop land is to the north and west. According to the Goodhue County Zoning Ordinance, subdivisions of Article 11, Section 27 Kennels: A. The stated purpose for the kennel; a. The proposed application is to operate dog kennel in an area zoned A-1 agricultural protection; and Dog Kennels are allowed in the A-1 Agricultural protection zone with a Conditional Use Permit; and Dog kennels may be required to have a state license from the US Department of Agriculture and are required to adhere to rules from the Board of Animal Health. The proposed kennel must be in compliance with requirements from the USDA and Board of Animal Health at all times B. The species and maximum number of animals that will be at the site (include all animals over the age of four months on the property); a. 2 horses, 2 barn cats, and up to 16 adult dogs. Page 2 of 4

3 C. All animals at the property must have current vaccinations. Records need to be kept onsite, or at an identified veterinarian office, and produced immediately upon request; a. The applicant has submitted updated vaccination records and the proposed application states done and available. D. Location of existing or proposed indoor/outdoor runs; a. The proposed Kennel includes outdoor dog runs and structures which house and shelter up to 16 dogs; and E. Plans for sanitary sewage disposal, water systems (natural or manmade), and utilities servicing the site; a. A permanent water line has been installed in the barn/kennel building for drinking water and for cleaning the kennels ;and F. The kennel facility must have proper heating, cooling, ventilation and lighting: a. Confinement areas must be maintained at a temperature suitable for the animal involved. i. (MN Administrative Rules KENNELS. All animals must be housed in an indoor facility maintained at a temperature of not less than 50 degrees Fahrenheit. Auxiliary ventilation, such as exhaust fans, vents, and air conditioning, must be used when the ambient temperature exceeds 85 degrees Fahrenheit at the floor level.) b. An indoor confinement area must be ventilated. Drafts, odors, and moisture condensation must be minimized. Auxiliary ventilation, such as exhaust fans, vents, and air conditioning, must be used when the ambient temperature rises to a level that may endanger the health of the animal. i. A converted barn is being used for the kennel, it does not have heating or cooling, but does offer shelter in the winter and windows have been added to allow for ventilation and natural lighting. c. An indoor confinement area must have at least eight hours of illumination sufficient to permit routine inspection and cleaning. G. The kennel construction material must be impervious to water and odor and easily cleanable; a. The converted barn stalls are wooden construction walls and concert floors. H. A manure management plan describing manure pick up and disposal; a. proposed application indicates: all the animal waste will be composted in accordance with the December 2005 USDA publication on composting dog waste and then it will be land applied to the available 5 acres on the proposed site and/ or the adjacent land also owned by Erik Torjesen PID # acres I. All structures shall require a building permit; J. Existing buildings used as any part of the kennel (in which the public may have access) must pass building code inspections prior to it being utilized by the kennel; a. Applicant indicates no public will be entering any the structures; K. On-site advertising shall be limited to one (1) sign not to exceed twenty-four (24) square feet. Lighting, height, and location must described or shown on the site plan; a. No Advertising is planned on site L. Any licenses or permits required by Environmental Health including but not limited to: water supply and septic systems. Page 3 of 4

4 a. A water test was performed and tested on 3/11/2014 and bacteria were present. b. A water test was performed and tested on 4/14/2014 and bacteria were not present. Staff recommends the Planning Advisory Commission accept the staff report (dated February 8, 2016) into the record, adopt the findings of fact and recommend approval of an amendment to the Interim Use Permit for the Shoemaker Dog training and breeding Kennel on parcel The completed submittal would be subject to the following conditions: Subject to the following conditions: 1. Conformance with the application submitted to Goodhue County Land Use Management Office January No more than 8 16 adult dogs. If, after a one year administrative review of the permit (May 6, 2014), it has been determined that all conditions are being met, the amount of dogs allowed may be increased to not exceed 11 adult dogs. 3. The kennel is for the purpose of training and breeding and the applicant shall not conduct boarding of non-family member s dogs. 4. Compliance with Goodhue County Zoning Ordinance Article 11 Section 27 (PERFORMANCE STANDARDS KENNELS); and Article 13 Section 8 (SUGGESTED MANURE APPLICATION SETBACKS). 5. Compliance with all necessary state and federal permits 6. The kennel construction material must be impervious to water and odor and easily cleanable 7. Indoor/outdoor runs must be maintained. 8. A permanent water line must be maintained in the converted barn/kennel building for drinking water and for cleaning the kennels. 9. The owners will cooperate with annual inspections of the facility in coordination with Land Use staff. 10. Appropriate precautions will be taken to prevent dogs from leaving the property. 11. IUP will continue in effect as long as the applicant chooses to operate the Kennel facility at this location, under these conditions. 12. Any additional conditions addressing concerns from the public hearing. Page 4 of 4

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