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Minutes/Edina City Council/January 6, 2009 <br /> neighboring quality of life, units sharing common walls, limited green space, and amount of animal <br /> waste. In December, notification of the application for this permit was sent to surrounding <br /> residents. Mr. Long stated to date, nine a-mails in opposition and two stating no-objection had <br /> been received. He read the objections that were received and stated staff recommended the <br /> requested permit be denied based on the complaint received and objections of this multi-family <br /> neighborhood. <br /> Proponent Presentation <br /> Wayne Carlson, 523 Coventry Lane, stated they would like to have five pets, which they have <br /> owned for nine years. He showed the Council pictures of his three dogs and cat and described the <br /> age and temperament of each. He advised of the certification, competition levels, and rally titles <br /> for each dog. All dogs train several times a week, compete monthly, and last year they spent <br /> $5,000 on trials, training, seminars, and massages following trials. Mr. Carlson stated his <br /> neighbors generally vacation five to six months a year, and the neighbor to the north spent two <br /> weekends each month at their cabin. Mr. Carlson noted a complaint indicated his dogs had <br /> jumped on people, but his dogs have had no contact with people in the garage for the last year. <br /> He stated his dogs were under control, leashed, licensed by Edina, of a toy variety, live indoors, <br /> weigh less than 50 pounds, a great asset to his health, and a credit to Edina because they <br /> perform well. He explained that the residents who complained have no issues with his two cats, <br /> which were living at another premises, concluding he would like them back home. <br /> Mayor Hovland opened the public hearing at 7:39 p.m. <br /> Public Testimony <br /> Vicki Handler, 500 Indian Hill Road, Chanhassen, stated she was the daughter of Patricia & <br /> Seymour Handler, neighbors to the north who entered the complaint but were unable to attend the <br /> meeting. Ms. Handler stated she had provided a statement to the Council advising of her mother's <br /> position. She said her parents were in their 70's and acknowledged that under certain situations <br /> pets could have a calming effect on their owners; however, her parents had endured this <br /> disturbance for nine years and received no response or satisfaction from Mr. Carlson. Ms. Handler <br /> noted her parents have been wakened at 6:00 a.m. on Sundays because the dogs were trained <br /> inside the shared garage located below their stairs. They have been personally accosted by the <br /> dogs, and have asked Mr. Carlson to call off the dogs. However, Mr. Carlson suggested her <br /> parents talk to the dogs and pet them. Mr. Carlson had also put up a volleyball net to protect the <br /> Handlers when entering the garage, but the net became entangled in the Handler's car door. Ms. <br /> Handler explained that contrary to what was said, the dogs were not on a leash, and the condo <br /> association had specifically reprimanded Mr. Carlson for not having the dogs leased. There had <br /> also been feces in the garage. Ms. Handler stated her parents felt it was not appropriate to reward <br /> Mr. Carlson with two additional pets when he had been irresponsible with the three pets he <br /> already had, especially in a multifamily situation with common walls. She stated Mr. Carlson's <br /> dogs had caused considerable distress to her parents for a number of years. <br /> Member Swenson made a motion, seconded by Member Housh, to close the public hearing. <br /> Ayes: Bennett, Brindle, Housh, Swenson, Hovland <br /> Motion carried. <br /> The Council agreed this was an important but difficult decision because it was known that Mr. <br /> Carlson loved his pets. While the Council was sensitive to pet owners, it had to consider the larger <br /> issues of the City and believed that the ordinance established a reasonable number of pets. In <br /> addition, it was noted there were not extenuating circumstances since none of the dogs was <br /> needed as a service animal. With regard to a time limit, Deputy Chief Long advised that the <br /> Animal Control Officer had suggested 30 days. The Council indicated this time limit would be <br /> reasonable. <br /> Member Bennett introduced Resolution No. 2009-08, Denying Permit to Allow over Three <br /> Pets, Wayne Carlson, 523 Coventry Lane. Member Swenson seconded the motion <br /> Page 2 <br />