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HomeMy WebLinkAboutResolution No. 2011-041 RESOLUTION NO. 2011-041 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE GENTLE TOUCH ANIMAL SANCTUARY TO ALLOW AN ANIMAL SHELTER WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2011 -0602) has been submitted by Sandee Zander to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 5019 University Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(s), to allow for an animal shelter in the GB, General Business District at 5019 University Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 7, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. Resolution No. 2011 -041 Page 2 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Outdoor kennels shall be prohibited. 2. All outdoor activity space shall be completely screened from abutting neighboring residential zoning districts or uses by a six -foot tall privacy fence that is at least 80% opaque. 3. All indoor activity shall include soundproofing and odor control. 4. The tenant space must be ventilated in accordance with the International Mechanical Code. 5. The owner shall hold a current Minnesota Board of Animal Health license. Passed this 13` day of June, 2011 Offered by: Diehm Seconded by: Williams Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Schmitt Mayor Gary L. P person Attest: ' atricia Muscov' z, CMC ity Clerk