HomeMy WebLinkAboutResolution No. 278-05 77
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RESOLUTION
WHEREAS, the Lisa Pearse applied for a Type III, Phase II, Restricted Development
Preliminary Plan #05-11 to permit the operation of a pet daycare, boarding and grooming
business at 210 21St Street S.E.; and,
WHEREAS, since a pet day care, boarding and grooming business is not a permitted use
in this zoning district, the Applicant has proposed the development by way of the restricted
development provisions; and,
WHEREAS, R.C.O. §62.700 recognizes that certain land uses which are generally not
allowed within a given zoning district can, if regulated, "serve both the public interest and allow a
more equitable balancing of private interests than that achieved by strict adherence to standard
zoning regulations;" and,
WHEREAS, this application requires a two-step review process consisting of a
preliminary plan and a final plan. The preliminary plan phase follows the Type III, Phase II
procedure with a hearing before the Planning Commission and a hearing before the Council.
The Applicant is requesting the waiver of the final plan review; and,
WHEREAS, R.C.O. § 62.708 (Criteria for Type III Developments) provides the relevant
criteria for the review of this application; and,
• WHEREAS, the Planning Department applied the criteria found at Section 62.708 to this
application and prepared the following findings of fact:
1) Preliminary Development Plan Criteria:
a) Capacity of Public Facilities: The site is currently served by
municipal city sewer and water. There shall be no disposal of
animal waste, associated with the operation of the proposed
business use to the municipal sanitary sewer system.
b) Geologic Hazards: There are no known geologic hazards on the
property.
c) Natural Features: The proposal does not include new construction.
d) Residential Traffic Impact:
(1) This property is located along a local residential roadway
with access from T.H.63 (classified as a Freeway roadway)
and Third Avenue SE (classified as an Arterial roadway) of
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• which both roadways are intended to carry higher volumes
of traffic.
(2) This proposal is not expected to generate frequent truck
traffic on local residential streets.
(3) This development should not create additional traffic during
evening and nighttime hours on local residential streets than
what is normally acceptable in a residential neighborhood.
e) Traffic Generation Impact: The proposed use is not
expected to generate any significant volume of additional traffic
generation. The site is accessed from a local residential roadway
with access from T.H. 63 (classified as a Freeway roadway) and
Third Avenue SE (classified as an Arterial roadway) of which both
roadways are intended to carry higher volumes of traffic.
f) Height Impacts: There are no proposed changes to the existing
residential structure. The proposal will not adversely affect height
impacts.
g) Setbacks: There is no additional construction proposed for the
• dog grooming / boarding business. The existing house would
likely be considered a non-conforming structure since the setbacks
do not comply with existing R-1 zoning district standards.
h) Internal Site Design: The proposed will provide the kennel
area within the existing rear porch area, the grooming area within
the detached garage area and a fenced rear yard for the animal.
The dogs are restricted to barking for no more than 30 seconds.
The yard area is cleaned up to two times per day during the warm
months and once a day during the winter months unless the need
calls for more.
i) Screening and Buffering: Applying the B-1 (Restricted
Commercial) zoning district regulations, which allows veterinary
services, Section 62.383(3) require animals be kept in a completely
enclosed building at all times. In other districts outdoor exercise
runs are permitted provided they are enclosed on four sides by a
sight obscuring fence or wall at least 6 feet in height, and that
animals are kept indoors from 9 pm to 7 am. In addition, the B-1
zoning district requires the property provide the planting stated in
Bufferyard Class E.
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j) Ordinance Requirements: Applying the B-1 (Restricted
Commercial) zoning district regulations, which allows veterinary
services, Section 62.383(3) require animals be kept in a completely
enclosed building at all times. In other districts outdoor exercise
runs are permitted provided they are enclosed on four sides by a
sight obscuring fence or wall at least 6 feet in height, and that
animals are kept indoors from 9 pm to 7 am. In addition, the B-1
zoning district requires the property provide the planting stated in
Bufferyard Class E.
The Rochester Code Ordinances, Chapter 106A.03, Subd. 1
requirements state that no person shall keep, maintain or otherwise
house more than a total of eight cats, dogs, or ferrets over the age
of six months within any household in the City of Rochester unless
authorized by Section 106A.19 (breeding permit).
k) General Compatibility: This development is proposed on land
that is zoned R-1 (Mixed Single Family) and is located within the
Industrial Land Use, as designated on the Adopted Land Use Plan,
and the proposed use is surrounded by single family residences
and is not appropriate for residential use meeting the B-1 zoning
district standards and the Rochester Code Ordinances; and,
WHEREAS, on May 25, 2005, the Rochester Planning and Zoning Commission held a
public hearing on this restricted development preliminary plan, reviewed the application
according to the requirements of Section 62.708, . adopted the Planning Department's
recommended findings of fact and recommended approval of the application subject to the
following conditions:
1. Disposal of animal waste associated with the operation of the proposed
business use shall not be, permitted into the municipal sanitary sewer
system;
2. The animals be kept indoors at all times unless the outdoor exercise runs
area is enclosed on four sides by a sight obscuring fence or wall at least 6
feet in height, and that animals are kept indoors from 9 pm to 7 am;
3. The applicant shall provide a bufferyard meeting Class E of the Land
Development Manual.
4. The number of animals (not including the owner's five pets) shall be limited
not to exceed eight at one time;
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• 5. This permit will expire two years from the date of Common Council
approval.
WHEREAS, the Common Council held a public hearing on the restricted development
preliminary plan request on June 20, 2005, and permitted all interested persons to be heard;
and,
WHEREAS, at the June 20t" public hearing, the Council considered the evidence and
testimony submitted, as well as the material contained in the meeting agenda, and amended the
five conditions as follows:
2. The animals be kept indoors at all times unless the outdoor exercise runs
area is enclosed on four sides by a fence or wall at least 4 feet in height,
and that animals are kept indoors from 9 pm to 7 am;
4. The number of animals (not including the owner's six pets) shall be limited
not to exceed eight at one time; and,
WHEREAS, based upon a preponderance and substantial weight of the evidence
submitted at the June 20th public hearing, the Common Council determines that the Applicant
satisfied the criteria of Section 62.708.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the Type III, Phase II, Restricted Development Preliminary Plan #05-11,
requested by Lisa Pearse is in all things approved subject to the above five conditions.
BE IT FURTHER RESOLVED that the Council waives the final plan review.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS ZOfY D OF , 2005.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: t�
CITY CLERK
APPROVED THIS A15r DAY OF 2005.
MAYOR OF SAID CITY
(Sea` of the City of _
.'Prchester, Minnesota)
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