HomeMy WebLinkAboutResolution No. 2011-040 Denying Permit for more than 3 animals �A RESOLUTION NO. 2011-40
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w1N �tl� DENYING PERMIT FOR MORE o� e M THAN THREE CATS OR DOGS
IN A HOME
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Section 1. BACKGROUND.
1.01 Edina City Code § 300.15 provides:
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 Subsection by the
Council.
Subd. 1. Permit Application and Hearing. Persons who wish to keep or harbor more than the number
of dogs or cats permitted by this Subsection may apply for a permit from the Council. After the receipt
of the permit application, and the fee as set forth in Section 185 of this Code, 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 10 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:
A. Will not be a nuisance.
B. Will not be 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 Section and other applicable provisions of this Code. Each permit issued
pursuant to this Subsection shall remain in effect only so long as the conditions and restrictions imposed
by the Council are observed and not violated.
1.02 On January 6, 2009 the Edina City Council following a public hearing denied the application of
Mr. Carlson, at 523 Coventry Lane, that would have allowed him to maintain three dogs and two eats in
his residence.
• 1.03 Mr. Carlson has now filed a new permit application to have five dogs in his home. He currently
has three dogs.
City Hall 952-927-8861
4801 WEST 50TH STREET FAX 952-826-0390
EDINA, MINNESOTA, 55424-1394 www.CityofEdina.com TTY 952-826-0379
Resolution No. 2011-40
Page Two
1.04 Pursuant to notice, the City Council conducted a public hearing on Mr. Carlson's permit
application on December 15, 2011.
Section 2. FINDINGS.
2.01 Mr. Carlson's home is in a high density, multifamily townhome complex with limited common
area green space.
2.02 Because of the limited green space, the common walls between townhomes and the shared
underground parking there is inadequate space for the dogs to exercise, barking has and will annoy
other residents, the three dogs he has have been let off leash on the property intimidating residents
which would be compounded with two additional dogs.
2.03 Mr. Carlson testified that he needs the dogs for health reasons because they provide him
exercise, but there are other means for Mr. Carlson to exercise.
2.04 The additional dogs will create a nuisance and will be detrimental to the public health and safety
of other persons in the vicinity.
Section 3. DENIAL.
NOW THEREFORE, it is hereby resolved that the City Coq neil of the City of Edina, denies the
• permit request of Wayne Carlson & Rosie Homer of 523 Coventry Mame, per Edina Code Section 300.15
to exceed the limitation on the number of dogs and cats allowed 'n h` me.
Adopted by the City Council of the City of Edina, Minnesota, on ,2011.
ATTEST:
Debra A. Mangen,Eity I rk James 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
April 5, 2011, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of 12011.
• City Clerk