1991-09-10 PC Minutes
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PLANNING & ZONING COMMISSION
September 10, 1991
Albertville City Hall
7:30 PM
PRESENT: Commission Members Donatus Vetsch, LeRoy Berning,
Tom Haller, and Mark Daleiden, Clerk Linda Houghton
ABSENT: Commission Member Rick Bishop
Chairman Haller called the meeting to order.
The agenda was approved on a motion by Berning, seconded by
Daleiden. All voted aye.
The minutes of the August 27, 1991, publ ic hearing were
approved on a motion by Daleiden, seconded by Vetsch. All voted
aye.
Daleiden made a motion to open the public hearing to
reconsider the conditional use permit to operate a dog kennel for
Ralph and Helen Ackerman, as requested by the City Council on
September 3, 1991. Vetsch seconded the motion. All voted aye.
Audience in attendance for the hearing were Ralph and Helen
Ackerman, their attorney Mike Padden, Wright County Humane Society
representative Jeff Dowe, City Animal Control Officer Patti
Salzwedel, Sue Ackerman, and Albert Barthel.
Salzwedel presented the Commission with the report from her
inspection of Sunshine Kennels on September 4, 1991. The
inspection was based on the requirements of both the state statutes
and City ordinances.
Salzwedel found there were 82 animals (46 dogs and 36 puppies
under six months old) housed in two different facilities. The
Commission reviewed her summary of the improvements Salzwedel feels
need to be made to Sunshine Kennels.
Ackerman explained that the same day that Salzwedel inspected
his kennels, an investigator from the USDA also inspected.
Although he has not received a written report to date, Ackerman
told the Commission that the only changes recommended by the USDA
investigator was that the grade of the outdoor runs should be
improved for drainage reasons and the wood boxes that house the
animals should be sprayed with varnish or shellacked. Salzwedel
recommended that the outdoor runs should be concrete for
cleanliness. Ackerman pointed out that according to Federal
Regulation #6488 of the USDA guidelines outdoor runs should be
sand, gravel or compacted earth. Padden also pointed out that
nothing in the state statutes or City ordinances require concrete
runs.
Jeff Dowe, the spokesman for the Wright County Humane Society,
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pointed out that he is a state inspector. He feels that the USDA
is lax in their inspections. He stated that he has seen kennels
in worse condition than Sunshine Kennels which have passed USDA
inspections.
Ackerman disputed Salzwedel's recommendation that a furnace
must be installed to keep the dogs in a warm environment. He
stated he used heat I amps over each of the 4 X 4 boxes in the
winter to keep the dogs warm. The dogs have freedom to stay in
their box or to go outside through automatic doors.
The Commission reviewed the state statutes and the formula for
determining the area that must be provided for each dog. They
found that Ackerman could legally keep four small or two large dogs
in each of the 4 X 4 boxes.
Sue Ackerman explained that she cleans and disinfects the
kennels daily. She also uses a rake and hoe to clean the compacted
earth runs.
Ralph Ackerman told the Commission he agrees to put. fiberglass
sheeting on the floors and to seal the wood surfaces of the boxes
to prevent moisture from going into the wood.
Daleiden made a motion to continue the public hearing for the
conditional use permit to September 24, 1991, to allow Ackerman to
provide the USDA inspection report, the breakdown of the number of
dogs he maintains on a monthly average, and to allow the Planning
& Zoning Commission to inspect the kennels personally. Daleiden
also asked Ackerman to provide a written list of how he intends to
respond to each of the recommendations I isted in Sal zwedel' s
inspection report. Vetsch seconded the motion. All voted aye.
Daleiden made a motion to open the public hearing to consider
a variance to construct a 28' X 32' garage for Albert Barthel.
The Commission reviewed the site plan Barthel presented and
found that the setback requi r-ements are in compl iance wi th the
ordinances. The 896 square foot garage requires a variance because
it is detached rather than attached to his house.
Barthel indicated he is willing to tear down the existing
garage upon completion of the new garage. He also plans to stucco
the new garage to match his house.
Dal eiden made a motion to recommend that the Ci ty Counci I
approve the variance request for Albert Barthel to construct a 28'
X 32' garage, contingent upon the following:
(1) The new garage will be stuccoed to match the house.
(2) The existing garage will be torn down within 45 days
the new garage has passed final inspection.
Vetsch seconded the motion. All voted aye.
Berning made a motion to set a public hearing on October 8,