02-19-97 PCWilliam S. Radzwill
Andrew J. MacArthur
Michael C. Couri
Megan M. McDonald
February 19, 1997
Planning Commission
City. -of Otsego
c/o Elaine Beatty,
8899 Nashua Avenue
Elk River, MN 55330
RADZWILL & CO URI
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
Members
City Clerk
NE
RE: Adams Kennel CUP
Dear Planning Commission Members:
FEB 2 5 ..
A question has been raised regarding the authority of the City to
order a rehearing in this matter. The original CUP states as
follows; 1114. If gross violations are identified in County and/or
State inspections, or if there are repeated violations of
applicable City ordinances, the City may at its discretion, hold a
rehearing of the conditional use permit with the potential of
revocation of the permit being ordered by the City Council."
The City Council did, at its discretion, and at my recommendation,
order the rehearing. Part of the reason for ordering a rehearing
was that in this particular situation such a hearing appeared to be
the best forum for resolving ongoing complaints about the facility.
These complaints were not only received in. writing but also by
telephone and in person. The majority of the complaints regarded
continuous barking of dogs, disturbing neighbors. Such noise,
depending upon .its duration and intensity, may be a violation of
the Otsego Zoning Ordinance Sections 6-2-7, A&B, and 6-2-8, F. The
purpose of the hearing is to determine whether or not such
violations have occurred. Because of the nature of complaints
regarding noise, it will be necessary for the Planning Commission
and the Council to use their best judgment.
The building inspector did go out to the site and did note some
concerns. I have been informed that he has recently gone out to the
facility and that it appears to be in better shape.
Letter to Planning Commission
February 19, 1997
Page 2
In my opinion, it would take substantial violations of the CUP to
justify revocation of the permit. However, if it is determined that
some limited violations have occurred the Planning Commission could
recommend additional, relevant conditions to address ongoing
problems. If there is no evidence of violation, then no action
should be taken.
Please provide a copy of this to the subject of the hearing, Bob
Kirmis, Jerry Olson and the Planning Commission members.
Ver my yours,
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RADZWILI &MCOURIh
Encls.
cc: Bob Kirmis, NAC