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HomeMy WebLinkAboutResolution No. 2019-72 Approving more than three dogs or cats in a homeRESOLUTION NO. 2019-72 APPROVING PERMIT FOR MORE THAN THREE DOGS OR CATS IN A HOME Section I. BACKGROUND 1,01 Edina City Code § Chapter 8 provides: Sec. 8-216. - Limitation on Number of Dogs or Cats. No more than three dogs or cats in the aggregate which are over six months of age shall be kept or harbored at any place in the city, except in a pet shop, animal hospital or commercial kennel, unless a permit has been issued pursuant to this section by the council. Subd. I. Permit application and hearing. Persons who wish to keep or harbor more than the number of dogs or cats permitted by this section may apply for a permit from the council. After the receipt of the permit application, and the fee as set forth in section 2-724, the council shall conduct a public hearing regarding the application. A notice of the date, time, place and purpose of the hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated wholly or partly within 200 feet of the property to which the application relates. Subd. 2. Issuance of permit. After hearing the oral and written views of all interested persons, the council shall make its decision. The council shall not grant a permit unless it finds that keeping or harboring more than the allowed number of dogs or cats on the applicant's property will not be: A. A nuisance. B. Detrimental to the public health and safety of the applicant or other persons in the vicinity. Subd. 3. Permit not transferable. No permit may be transferred to any person or place by the person or from the place to whom and for which the permit was granted. The permit shall be granted only for the dogs or cats described in the application. No dogs or cats described in the application may be replaced by the applicant without first obtaining a new permit from the council. Subd. 4. Conditions and restrictions. The council may impose conditions and restrictions as it deems necessary for the protection of the public interest and adjacent properties and to ensure compliance with the requirements of this chapter and other applicable provisions of this Code. Each permit issued pursuant to this chapter shall remain in effect only so long as the conditions and restrictions imposed by the council are observed and not violated. 1.02 On August 5, 2019, Barb Wendt and Larry Lomax, 5516 Park Place, filed a permit application to have two dogs and two cats in their home. They currently have one dog and two cats. The applicants wish to adopt a six-year-old Bernese Mountain Dog. 1.03 Pursuant to notice, the City Council conducted a public hearing on Ms. Wendt and Mr. Lomax's permit application on September I 7, 2019. CITY OF EDINA 4801 West 50th Street • Edina, Minnesota 55424 www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0390 Ad Attest: ed this 1 ay of September, 2019 i/City Clerk Section 2. FINDINGS 2.01 Due to the age of all the pets, it is not likely that the home will have four pets for over 5 years. 2.02 This is a single-family home with a private yard. 2.03 The home would have two total dogs, without considering the cats, which is common throughout the City. 2.04 There have been no prior animal complaint calls for service at this address. Section 3. APPROVAL. NOW THEREFORE, it is hereby resolved that the City Cou c I of the City of Edina, approves the permit request of Barb Wendt and Larry Lomax , Per E 'n ode Section 8-216, to have two dogs and two cats in their home at 5516 Park Place, Edina Minnes t ames B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of September 17, 2019, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of City Clerk