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Res 22-12PC - Variance 6885 Boudin St NE.
Receipt:# 713276 Al 160056 CUP $4600 Return to: G-PRIOR LAKE CITY I IIIIIII IIII IIIII IIIII IIIII "III IIIII IIIII IIII II I 4646 DAKOTA ST SE PRIOR LAKE MN 55372 Certified Filed and/or recorded on- 7/11 /2022 2:51 PM Office of the County Recorder Scott County, Minnesota Julie K. Hanson, County Recorder STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Planner for the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copies of RESOLUTION 22-12PC A RESOLUTION APPROVING TO APPROVE CONDITIONAL USE PERMIT TO ALLOW AN ANIMAL HANDLING BUSINESS AT 6885 BOUDIN ST NE Jef Pp'r":�!r City o Lake Dated this 13th day of June 2022 6885 Boudin St NE ABSTRACT PID:251910020 Return to and drafted by: City of Prior Lake Front Desk 4646 Dakota Street SE Prior Lake, MN 55372 o Pao v r, U 4646 Dakota Street SE Prior Lake MN 55372 RESOLUTION 22-12PC A CONDITIONAL USE PERMIT TO ALLOW AN ANIMAL HANDLING BUSINESS IN THE C-2 (GENERAL BUSINESS) ZONING DISTRICT Motion By: RINGSTAD Second By: KALLBERG WHEREAS, The Prior Lake Planning Commission conducted a public hearing on June 13, 2022, to consider a request from Gard Crouch (Pet Perfect Grooming), on behalf of the property owner, KC Partnership LLP, for a Conditional Use Permit (CUP) to allow an animal handling business in the C-2 (General Business) Zoning District at the following site: Lot 2, Block 1 Waters Edge 1 st Addition Subdivision Cd 25191 Address: 6885 Boudin St NE, Prior Lake, MN 55372 PID: 251910020; and WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in this CUP and persons interested were afforded the opportunity to present their views and objections related to the CUP; and WHEREAS, The Planning Commission finds the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Subsection 1108.202 of the Prior Lake Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Two of the objectives of the Comprehensive Plan are to "determine and strive for a balance of commerce, industry and population" and to "maintain high standards in the promotion and development of commerce and industry." This proposal will be consistent with the goals, objectives, and policies of the Comprehensive Plan provided it complies with the conditions of approval. Another objective of the Comprehensive Plan is to "enact and maintain policies and ordinances to ensure the public safety, health and welfare." The proposed dog grooming operation is consistent with these policies. � � � Phone 952.447.9800 / Fax 952.447.4245 / wxvw.cityofpriorlake.com b. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. Based upon review of the application, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The conditions of the approving resolution include the permitting of dog grooming and ancillary retail sales only. All operations are permitted only within the leased space in the building. No boarding of animals is permitted to take place at the site. c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. Subsection 1102.1103 (5) and Subsection 1102.1103 (11) of the Zoning Ordinance allows animal handling as a conditional use within the C-2 Zoning District. The conditions set forth in the Zoning Ordinance shall be met with the issuance of the Conditional Use Permit. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental facilities. No further exterior construction improvements are proposed with the CUP request. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity. All animal handling activities are permitted within the interior of the building only. No boarding of animals is permitted. f. The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. Any required site plans shall be prepared by a licensed professional engineer. g. The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. Any required drainage and utility engineering plans shall be prepared by a licensed professional engineer. h. The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. Additional conditions to ensure the protection of the general health, safety and welfare of the public are included as part of the CUP. These conditions include the permitting of animal handling activities only within the interior of the building, prohibiting of animal boarding on the site, and required approval of construction permits and any required permits from other governmental agencies. 3. The CUP is hereby approved, subject to the following conditions: a. No boarding is permitted at the site. b. No animals to be kept on site outside of approved operation hours of 8:00 am - 6:00 pm. c. Animal waste station shall be installed in an approved location on the property and maintained while the animal handling operation is conducted. Animal waste shall be picked up and not allowed to remain on the property or in the adjacent boulevard. d. Animal handling activities are only permitted within the interior of the leased space on the site. e. The following conditions outlined in Section 1102.1103 (11) of the City Code, related to Animal Handling, shall be adhered to: (1) Animal runs and exercise areas shall be located at least 200 feet from any dwellings and 100 feet from any buildings used by the public. (2) No animals shall be kept outside the leased space or located in a manner or location which causes offensive odors discernible at the property line of the lot on which the activity is conducted. (3) All principal use activities shall be conducted within a totally enclosed building. (4) All outdoor animal runs, or exercise areas shall be fenced and secured at all times so that no animal contained therein may escape such enclosure. (5) All buildings in which animals are kept or boarded shall be located a minimum of 100 feet from any property line in an "R" Use District: f. The Conditional Use Permit does not constitute approval of construction permits from the City of Prior Lake. Separate building permits from the City must be obtains prior to any construction. g. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. h. The resolution of approval of the Conditional use Permit shall be recorded at the Scott County Recorder's Office. CONCLUSION Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit to allow an animal handling business on the site within the C-2 (General Business) Zoning District. The contents of Planning Case File #DEV22-000010 is hereby entered into and made a part of the public record and the record of the decision for this case. PASSED AND ADOPTED THIS 13t" DAY OF JUNE, 2022. VOTE Tiernan Kallberg Ringstad Tschetter Fleminc Aye ❑ © © ❑x ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent x❑ ❑ ❑ ❑ ❑x Abstain ❑ ❑ 0 ❑ ❑ ant Director