HomeMy WebLinkAbout03-46 Kalton Zoning Adm Appeal
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Steve Horsman
c From:
Sent:
To:
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Cynthia Kirchoff
Friday, November 15, 2002 3:34 PM
Steve Horsman
Jane Kansier
Steve-
Jane and I discussed the animal situation at 15594 Hill Circle SE and have concluded that the Kalton's should provide
documentation that they have had 8 dogs since the prior ordinance was adopted in 1979. They do not have a conditional
use permit for a kennel, so they need to provide other information.
Since they have not licensed a dog since 1997, it is assumed that they have not had had 8 dogs since 1966. Thus, if they
cannot provide documentation, they should only be limited to 3 licensed dogs and the other 5 dogs will have to be removed
from the property.
Thanks, Cindy
1
~ MEMORANDUM
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DATE:
TO:
FROM:
CC:
SBJCT:
11/4/02
Cynthia Kirchoff
Steve Horsman
Legal nonconforming uses.
I received a complaint regarding too many K9's (8) in an Rl District. I sent
a violation notice to the property owners and received the attached response
from the owners describing they have raised miniature dachshunds dating
back to 1966 (see attached letter). My copy of the City Code dates back to
1979.
My question, is this considered a legal nonconforming use of the property,
or should the City enforce removal of 5 dogs to be compliant with Ordinance
Section 802.600 Kennels (the keeping of more than 3 dogs requires a
license, however, kennels are not permitted in Rl Districts).
Any questions my extensions 207.
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INCIDENT REPORT
PLl190
PLBRETS
ORI #: PLPD
INCIDENT TYPE: 9856 P DogBarking
.1.'1 ON .. 15594 SE HILL CIR
JNE NUMBER 952-447-3021
,ATURE OF CALL: BARKING DOGS
VENUE: Prior Lake
CALL
DISPATCH
ENROUTE .
ARRIVE 1
CLEAR . .
DATE:
09/20/2002
09/20/2002
09/20/2002
09/20/2002
09/20/2002
TIME:
19:59:14
20:00:47
20:00:47
20:06:25
20:14:02
Friday
AREA . . Prior Lake SECTION: NE PL
QUADRANT: DISTRICT:
UNIT 1 #: 9961
UNIT 2 #:
RECEIVED ORI/ID
DISPATCH ORI/ID
DISPATCH SHIFT
SOURCE
DISPOSITION . .
LICENSE PLATE .
BEAT:
GRID:
ID # 1: MCHANEY, JONATHAN, A,
ID # 3:
PLPD
SCSO
7P-5A
Telephone
Adv
00000000
STATUS/DISPOSITIONS:
DISPOSITION: UNIT:
Adv 9961
DOCUMENTS:
Dispatch Narrative
Additional Information:
NO NEED TO SEE RP
ID # 2:
ID # 4:
LALLAK I TRACY, ,
REPORT REQUIRED: NO
PRIORITY . .. 4
LICENSE STATE
MUTUAL AID:
CLEARED BY: SCLALLT
DATE: TIME: ID # 1: / ID # 2:
09/20/2002 20:14:00 MCHANEY, JONATHAN, A,
Information on the units assigned to the call follows.
Unit#: 9961 Radio#: 000 Ofcr 1: JM04 Ofcr 2:
DSP: 09/20/02 20:00 ARV: 09/20/02 20:06 CLR: 09/20/02 20:14
CAD System Narrative
SCLALLT CHANGED CALL CITY FROM
SCLALLT CHANGED CALL STATE FROM
SCLALLT CHANGED CALL ZIP CODE FROM
SCLALLT CHANGED INCIDENT TYPE FROM NOIS P
SCLALLT CHANGED LOCTN FROM 5431,SE,WOODLAWN,CIR,
SCLALLT CHANGED ADDITIONAL INFORMATION
SCLALLT CHANGED ADDITIONAL INFORMATION
SYNOPSIS BY JM04
REPORT OF BARKING DOGS. I SPOKE TO DOG OWNER JOHN DAVID KALTON DOB/06
0429. DOGS WERE BROUGHT IN. I SAW EIGHT DOGS. KALTON WOULD ONLY TEL
L ME HE HAD NUMEROUS DOGS. INFORMATION PASSED ON TO CODE ENFORCEMENT.
Press Release
Report of a barking dog complaint. Advised owner.
cc: to Steve Horsman
9/23/02 (skb)
19:59:54
19:59:54
19:59:54
19:59:56
19:59:56
19:59:56
20:00:47
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03-46
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April 23, 2003
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Board of Adjustment
Planning Department
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372
RE: Appeal - Non-conforming Land Use
We are submitting an appeal to the decision regarding our request for non-conforming
land use. In addition to the material submitted previously to Mr. Horsman we wish to
submit the following:
We were not aware of the ordinance adopted in 1999 requiring that an
application for a certificate of occupancy for a legal non-conforming land
use be filed within one year of the effective date.
We would be available to answer questions.
ReSpeCtf~~W~d,
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John and Arlene Kalton
15594 Hill Circle S.E.
Prior Lake, Minnesota 55372
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CITY OP.PAlQAyLAKE '
18208EMJtE CkIII< AVE. SE
PRIQR'LAtE.-.-sm
(952)441".'. (952) 447-4245
FEOeIPT .43319
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NOTICE OF HEARING TO CONSIDER THE FOLLOWING:
AN APPEAL OF THE ZONING ADMINISTRATORS DECISION TO NOT
PERMIT A DOG KENNEL LAND USE LOCATED IN AN R-l DISTRICT
IN A SINGLE F AMIL Y DWELLING ON PROPERTY LOCATED IN THE R-l (LOW
DENSITY RESIDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY)
DISTRICT IDENTIFIED AS 15594 HILL CIRCLE SE, PRIOR LAKE, MN
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of
the intersection of C.R. 21 and Fish Point Road), on: Tuesday, May 27, 2003, at 6:30
p.m. or as soon thereafter as possible.
APPLICANT: John & Arlene Kalton
15594 Hill Circle SE
Prior Lake, MN 55372
SUBJECT SITE: 15594 Hill Circle SE, Prior Lake, MN, legally described as Lot
3, Lakeside Manor 151 Addition, Scott County, MN
REQUEST: The applicant is appealing the decision of the Zoning
Administrator to deny the appellants request to allow for the
continued illegal land use of a dog kennel with 8 - 12 dogs in a
single family dwelling located in an R-l District (Low Density
Residential).
If you are interested in this issue, you should attend the hearing. Questions related to this
hearing should be directed to the Prior Lake Planning Department by calling 447-4230
between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning
Commission will accept oral and/or written comments. Oral or written comments should
relate to how the proposed land use is or is not consistent with the above-listed criteria.
Prepared this 12 day of May 2003.
Steven Horsman
City of Prior Lake
To be published in the Prior Lake American on May 17, 2003.
L:\03 Files\03 Appeals\03-46 Kalton\HEARNOTE.DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 03-05PC
A RESOLUTION DENYING AN APPEAL OF THE ZONING
ADMINISTRATOR'S DECISION TO NOT PERMIT A KENNEL USE IN AN R-l
DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. John & Arlene Kalton have filed an Appeal from the Zoning Administrator's decision
to not permit a kennel use out of a single family dwelling on property located in the
R-I (Low Density Residential) District and the SD (Shoreland) District at the
following location, to wit;
15594 Hill Circle SE, legally described as Lot 3 Lakeside Manor 1st Addition,
Scott County, MN
2. The Board of Adjustment has reviewed the request for an Appeal as contained in Case
#03-046PC and held hearings thereon on May 27, 2003.
3. The Board of Adjustment has considered the Zoning Administrator's decision
regarding the illegal use and the effect of the proposed Appeal on the Zoning
Ordinance and Comprehensive Plan.
4. The general performance standards of the Zoning Ordinance includes special
provisions to allow for a legal nonconforming use, the appellants request does not
meet the minimum standard.
5. Section 1107.2053 of the Zoning Ordinance specifically states, in part, that an
application for a Certificate of Occupancy for a nonconforming land use shall be filed
with the Zoning Administrator within 1 year ofthe effective date of this Ordinance.
6. The appellant has not demonstrated reasonable or factual support to justify his claim
of a legal nonconforming kennel use under the provisions ofthe Zoning Ordinance.
7. The contents of Planning Case #03-046PC are hereby entered into and made a part of
the public record and the record of decision for this case.
CONCLUSION
1:\03 files\03 appeals\03-46 kalton\denyres.doc
1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
following Appeal from the Zoning Administrator's decision to not allow the following;
1. An animal kennel to be considered a legal nonconforming land use within the R-I
District.
Adopted by the Board of Adjustment on May ~
Anthony Stamson, Chairman
1
1:\03 files\03 appeals\03-46 kalton\denyres.doc
2
May 21, 2003
John and Arlene Kalton
15594 Hill Circle SE
Prior Lake, MN 55372
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the May 27, 2003,
Planning Commission meeting. You or your representatives are expected to attend the
meeting. You will be given the opportunity to speak regarding your proposal and the
staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at
16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot
attend the meeting, please call me so your item can be deferred to the next Planning
Commission meeting. If you have any questions, please contact me at 447-9810.
Sincerely,
Connie Carfson
Connie Carlson
Planning Dept. Secretary
Enclosure
I:\deptwork\blankfrm\meetltr.doc
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AGENDA ITEM:
SUBJECT:
SITE:
PREPARED BY:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
5B
CONSIDER AN APPEAL OF THE ZONING
ADMINISTRATOR'S DECISION TO NOT ALLOW A
DOG KENNEL LAND USE LOCATED IN AN R-1
DISTRICT, Case File #03-046
15594 HILL CIRCLE SE, PRIOR LAKE, MN
STEVEN HORSMAN, BUILDING INSPECTOR
JANE KANSIER, PLANNING COORDINATOR
_X_ YES NO
MAY 27,2003
The Plannin9 Department received an Appeal Notice from John & Arlene Kalton
(Appellants) regarding staff's decision to not allow a dog kennel land use to
continue as requested by the appellants. Staff received complaints regarding
the number of dogs on the subject property. The site is developed with a single-
family dwelling and located in the R-1 District.
DISCUSSION:
Staff notified Mr. & Mrs. Kalton regarding the complaint and apparent zoning
ordinance violation (Attachment 1 - Violation notice dated 10/18/02). The
appellants responded that they have owned and raised miniature dachshunds as
a hobby since 1966 when they first purchased the subject property (Attachment
2 - Appellant letter dated 10/23/02). In a follow-up phone conversation the
appellants requested additional time to provide documentation in order to
continue to raise dachshunds as a grandfathered use (legal non-conforming
use).
The appellant submitted documentation on 14 dogs they stated to have retrieved
from the American kennel Club records (Attachment 3 - Appellant Letter dated
2/10/03, pictures). The appellants stated they currently have 8 dogs. Staff
reviewed the submitted documentation and determined the request did not meet
the requirement for a legal nonconforming land use under Zoning Ordinance
Section 1107.2305, which states in part, Application for a Certificate of
Occupancy for a non-conforming use shall be filed with the Zoning Administrator
L:\03 Files\03 Appeals\03-46 Kalton\KltnAPLRPT.DOC Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
by the owner or lessee of the building or land occupied by the non-conforming
use within 1 year of the effective date of this ordinance (Attachment 4 -
Ordinance Sec. 1107.2305). The effective date of the ordinance was May 22,
1999. Staff determined the use to be illegal and responded with a decision to
deny the request for a legal non-conforming land use (Attachment 5 - Staff letter
dated 3/4/03).
In addition, the city does not have a record of any dogs being licensed at the
subject property prior to November 13, 2002, when the owners visited City Hall
to acquire dog licenses after notification of the apparent violations.
The property owners appealed the decision of staff to staff management
(Attachment 6 - Appellant letter dated 3/21/03). Staff management reviewed the
request and upheld staff's decision to not permit the illegal use of a dog kennel
(Attachment 7 - Staff letter dated 4/16/03). The owners appealed staff's final
decision to the Planning Commission (Attachment 8 - Notice of Appeal dated
April 23, 2003).
It should be noted that under Ordinance Subsection 1107.2304: Appeals. With
the exception of subsection 1107.2303(1d), the provisions of subsection
1107.2301 through 1107.2304 inclusive are not subject to appeal to the City
Council.
The following attachments are included references for this report :
1) Violation Notice; 2) Appellant letter dated 10/23/02; 3) Appellants letter dated
2/10/03; 4) Code Sec. 1107.2305; 5) Staff letter dated 3/4/03; 6) Appellant letter
dated 3/21/03; 7) Staff letter dated 4/16/03; 8) Notice of Appeal.
RECOMMENDATION:
This appeal to the decision of the Zoning Administrator is site specific to the
subject property, and does not affect the way in which the ordinance is applied in
all situations. In summary, the request for a legal non-conforming land use does
not meet the ordinance requirement as spelled out in the report. The staff
therefore recommends the Planning Commission uphold the decision of the
Zoning Administrator.
ALTERNATIVES:
1. Deny the Appeal request because the Planning Commission finds a lack
of demonstrated support for the appellants non-conforming land use of a
dog kennel in the R-1 District
2. Table or continue discussion of the item for specific purpose.
L:\03 Files\03 Appeals\03-46 Kalton\KltnAPLRPT.DOC
Page 2
3. Approve the Appeal as requested and overturn the Zoning Administrators
decision to deny the non-conforming use of a dog kennel, as requested by
the appellant.
ACTION REQUIRED:
The Planning staff recommends Alternative #1.
Motion and second adopting Resolution 03-XXPC denying an Appeal of the
Zoning Administrator's decision to not permit a dog kennel as a legal non-
conforming use in the R-1 District.
L:\03 Files\03 Appeals\03-46 Kalton\KltnAPLRPT.DOC
Page 3
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October 18, 2002
John D. Kalton
15594 Hill Circle SE
Prior Lake, MN 55372
Dear Mr. Kalton:
The City of Prior Lake received a complaint regarding the keepinq of more than three
domestic animals (8 dOQs) on your property at 15594 Hill Circle. According to the City
Zoning Ordinance this is an apparent violation of Prior Lake City Code.
Specifically, the following:
Ordinance Section 802.600: Kennels: License Required.
Ordinance Section 1102.400: R-1 District: Kennels are not a permitted use in a
Residential District.
The City of Prior Lake would like to solicit your cooperation and community spirit in
correcting the violation and/or addressing this complaint by contacting this office on or
before October 28, 2002. If you should have any questions or additional information
regarding this matter, call my direct phone number at 447-9854 between 8:00 a.m. and
4:30 p.m., Monday through Friday, and I will assist you. Enclosed is a copy of our City
Code pertaining to the violation.
The City appreciates your cooperation on this matter.
Sincerely,
/:itA~ ~~~~
'Steven Horsman, "-
Building Inspector
16200 E8~~IEYreek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY E:VIPLOYER
ATTAC~ - APPELLANT LETTER
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Frank Boyles, City Manager
Steven Horsman, Building Inspector
City of Prior Lake
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DATE:
October 23, 2002
From:
John and Arlene Kalton
RE:
Ordinance Section 802
In May 1966, John and Arlene Kalton purchased lot 3 Lake Side Manor, First Addition,
Eagle Creek Township, Scott County Minnesota. We had a residency constructed on
the site and assumed occupancy on August 1, 1966. We have owned and raised
miniature dachshunds as a hobby since that time.
When Eagle Creek Township was annexed to the City of Prior Lake there were no pet
restrictions implemented.
Over the years the City of Prior Lake has passed a number of pet ordinances including
Section 802.600 limiting the number of pets, and in 1999 Section 1102.400 R-1 District
stating that kennels are not permitted in a residential district.
We are requesting non-compliance of Section 802.600 or Section 1102.400 R-1
District. We agree to comply with all other sections of 802 including required license
fees.
All of our dogs are vaccinated against rabies and are confined to our property by a
three foot chain link fence. We welcome, any time at your convenience, inspection of
our property and the facilities provided for the well-being of our animals.
Respectfully submitted,
~~. XL
J&no. Kallen
~vf,~1
Arlene M. Kalton
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Dated
John and Arlene Kalton
15594 Hill Circle S.E.
Prior Lake, Minnesota 55372
Phone: 952-447-3958
ATTACHMENT 3 - APPELLANT I"EI]'~ DATED 2/10/0:3
Steven Horsm'an, Building Inspector i:: L' ,/-'=-~ ~l i i_. -.. 1
City of Prior Lake ,: , ( :
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DATE: February 8,2003
From: John and Arlene Kalton
RE: Grandfathering
At this time we are replying to your request in regard to being 'Grandfathered' for the number of dogs we own. In May
1966, we purchased lot 3 Lake Side Manor, First Addition, Eagle Creek Township, Scott County Minnesota. We had
a residency constructed on the site and assumed occupancy on August 1, 1966. We have owned and raised
miniature daehshunds as a hobby since that time. The American Kennel Club was contacted and an extensive
search of their records was pursued in a effort to ascertain the dogs we owned prior to 1980 after which an ordinance
limiting the number of pets was enacted. Attached are miscellaneous pictures of the following dogs and listed below
are results of the AKC search including the birth date and registration numbers of our pets during this period:
DATE OF BIRTH REGISTERED NAME COLOR REGISTRATION NUMBER
1. June, 1968 Kal Ginger Snap Red HB-091379
2. July, 1969 Kal Pandora Lites M BlfT an HB-246062
3. May, 1971 Lee's Tamera Kay M Red HB-298585
4. June, 1971 Kal's Samson of Leonca M BlfTan HB-638086
5. August, 1971 Kal Mit-lee Purl M BlfTan HB-380796
6. May, 1973 Leonca's Andrea M Red HB-523283
7. October, 1974 Kal's Felix Samson M Red HB-870848
8. June, 1975 Kal's Amy of Leonca Red HC-180689
9. November, 1976 Kal's Nelly Girl M Red HC-390008
10. 1977 Kal's Polly Red (number missing)
11. 1978 Kal's lak-A-Ree M Red HC-744868
12. February, 1979 Kal's Shot-lee M BlfTan HC-619635
13. November, 1979 Kal's Ado Annie M Red HC-908416
14. October, 1983 Kal's Jock-EE M Red HD-128765
In an effort to control our dogs, in order that they would not be a nuisance in the neighborhood, a chain link fence was
installed around our back yard. During the thirty-six years in our residence a complaint has never been submitted
regarding our animals until just this last year. At the present time we own ten dogs with an average weight of 11
pounds each totaling about 110 pounds, the size of one labrador. They do not bark unless their domain is threatened
and only two or three of them start the ruckus. The complaints have been ludicrous submitted by disgruntled
individuals who would complain whether we had ten or two dogs. An effort is being made to locate bark collars for
our offenders which would alleviate the barking problem.
We are both in our seventies and maintain dogs as a hobby. A conscientious effort has been made to produce a
good blood line and gentle personality in our pets, an endeavor highly applauded by the Minnesota Dachshund Club
of which we have been members for 36 years. During the summer months we show dogs at AKC shows in the Upper
Midwest and own one male Champion and another male who has four points. Attaining these heights is not an easy
task and is very costly. We have no intention to increasing the number of our dogs, rather have several senior
citizens who are spayed or neutered and very loving pets and upon the demise will not be replaced. All of the dogs
now owned are registered to the name, Arlene M. Kalton.
Thank you for your patience with this matter and sincerely hope you seriously consider our request to have our dogs
'Grandfathered' based on our long-time residence in the Prior Lake area.
Sincerely,
~;n~~
15594 Hill Circle S.E.
Prior Lake, Minnesota 55372
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ATTACHMENT 4 · ORDINANCE SEC. 1101~~~rQn~ce
1107.2304
Appeals. With the exception of subsection 1107.2303(1d), the provisions of
subsection 1107.2301 through 1107.2304 inclusive are not subject to appeal to
the City Council.
1107.2305
Noneonforming Use. A Certificate of Occupancy shall be issued for all legal
non-conforming uses of land or uses of buildings created by adoption of this
Ordinance, or in existence at the effective date of this Ordinance. Application for
a Certificate of Occupancy for a non-conforming use shall be filed with the
Zoning Administrator by the owner or lessee of the building or land occupied by
the non-conforming use within 1 year of the effective date of this Ordinance.
Failure to apply for a Certificate of Occupancy for a non-conforming use or
refusal of the Zoning Administrator to issue a Certificate of Occupancy for a non-
conforming use after an application has been made shall be prima facie
evidence that such use did not lawfully exist at the effective date of this
Ordinance. Issuance of a Certificate of Occupancy shall be subject to any
inspection of the premises the City deems appropriate. The City may impose
conditions consistent with and in furtherance of requirements of the City
Ordinance Code.
Any subsequent change in ownership, lessee, size or manner of operation in a
non-conforming use shall require that a new Certificate of Occupancy for non-
conforming use be issued.
....
(THIS SPACE INTENTIONALLY BLANK
FOR FUTURE AMENDMENTS)
City of Prior Lake
May 22, 1999
l107/p53
~E ATTACHMENT 5. STAFF LETTER DATED 3/4/03
March 4, 2003
John & Arlene Kalton
15594 Hill Circle
Prior Lake, MN 55372
Dear Mr. & Mrs. Kalton:
City staff has reviewed your correspondence and documentation in regards to your
statement that you have raised miniature dachshunds as a hobby since 1966. You are
requesting the, City to consider your current raising of 8 dogs to be a legal non-
conforming land use (kennel) on the property at 15594 Hill Circle.
Staff has determined that you have not met the requirements for a legal non-conforming
land use under Zoning Ordinance Section 1107.2305 (see attached). Specifically, the
Ordinance requires that an application for a Certificate of Occupancy for a legal non-
conforming land use shall be filed with the Zoning Administrator by the owner or lessee
of the building or land occupied by the non-conforming use within 1 year of the effective
date of this Ordinance. The current Ordinance was adopted in 1999. In addition, the
City does not have records of the dogs being licensed prim to the year 2002, when you
licensed three dogs due to the notice of an illegal kennel use on your property at 15594
Hill Circle.
This office again would like to solicit your cooperation and community spirit in correcting
the violation on or before April 4, 2003, by limiting the number of dogs or cats you keep
on your property to a maximum of three. If you should have any questions regarding this
matter, or if you cannot comply by April 4th, call my direct phone number at 447-9854
between 8:00 a.m. and 4:30 p.m., Monday through Friday, and I will assist you.
The City appreciates your cooperation on this matter.
Sincerely,
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~~sman,
Building Inspector
16200 ~Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY E:v1PLOYER
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ATTACHMENT 6 · APPELLANT LETTER DATED 3/21/03
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TO:
Steven Horsman and Staff
City of Prior Lake
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FROM:
John and Arlene Kalton
DATE:
March 21, 2003
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RE: Grandfathering Appeal
After we received the letter dated October 18 regarding an apparent violation the
following action was taken:
Visited your office to purchase a kennel license. We were told we could not
have a kennel license in a residential area.
In view of this refusal we pursued the purchase of eight licenses for our adult
dogs. This request was denied and we were told that only three dog licenses
could be acquired which was allowed at that time.
Up until the October 18 notice, we were under the impression that living at our
residence since 1966, at which time was in Eagle Creek Township, we were
grandfathered with our dog population. Citing John Kop having horses and
other livestock - Larry Haferman having goats - Farmer Vierlings herd of cows.
In 1980 and before we had more than eight dogs.
No mention was made regarding time limitations on legal non-conforming land
use.
We were told that Staff decisions could be appealed to the Planning and Zoning
commission and eventually City Council.
We were asked to furnish proof of possession of dogs before to 1980. This
information was attained from the American Kennel Club through a thorough
record search and this ownership record for the period before 1980 is outlined in
the attached copy of the letter sent to your office on February 8.
Your March 4 letter does not allude to or mention receipt of this information and
our grandfather status request.
Sincerely,
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Arlene and Joh~ Kalton
15594 Hill Circle S.E.
Prior Lake, Minnesota 55372
ATTACHMENT 7 · STAFF LETTER DATED 4/16/03
April 16, 2003
John & Arlene Kalton
15594 Hill Circle
Prior Lake, MN 55372
Dear Mr. & Mrs. Kalton:
Mr. Rye, Community Development Director, has reviewed your written request
appealing my decision to deny your described "Grandfathered Use" of a dog kennel (8
dogs) in an R-1 District on your property at 15594 Hill Circle. Staff has concluded your
request for a legal nonconforming use does not meet the minimum standards set forth in
the Zoning Ordinance, as stated in my letter addressed to you dated March 4, 2003.
Specifically, Zoning Ordinance Section 1107.2305 requires that an application for a
Certificate of Occupancy for a legal non-conforming land use shall be filed with the
Zoning Administrator by the owner or lessee of the building or land occupied by the non-
conforming use within 1 year of the effective date of this Ordinance (adopted in 1999).
You have the option to appeal staff's decision to the Board of Adjustment (Planning
Commission) by filing a Notice of Appeal to the City Planning Department within 5 days
of this written notice stating the action appealed from and stating the specific grounds
for the appeal (see enclosed Ordinance Sec. 1109.301).
If you should decide not to appeal this decision, the City of Prior Lake shall require your
cooperation in correcting the violation on or before May 31, 2003, by limiting the number
of dogs or cats you keep on your property to a maximum of three. If you should have
any questions regarding this matter, or are not able to meet the compliance date, call
my direct phone number at 447-9854 between 8:00 a.m. and 4:30 p.m., Monday through
Friday, and I will assist you.
The City of Prior Lake appreciates your cooperation on this matter.
CC: Don Rye; Bob Hutchins
16200 ~e Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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ATTACHMENT 8 - NOTICE OF APPEAL
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April 23, 2003
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Board of Adjustment
Planning Department
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372
RE: Appeal - Non-conforming Land Use
We are submitting an appeal to the decision regarding our request for non-conforming
land use. In addition to the material submitted previously to Mr. Horsman we wish to
submit the following:
We were not aware of the ordinance adopted in 1999 requiring that an
application for a certificate of occupancy for a legal non-conforming land
use be filed within one year of the effective date.
We would be available to answer questions.
Respectfully s}Jbmitted,
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John and Arlene Kalton
15594 Hill Circle S.E.
Prior Lake, Minnesota 55372
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