Deborah Peterson has nine Welsh Corgis that she would like to keep on property located at 2810 Nelson Road, Independence. The question is whether she can find a way to do that while complying with city ordinances.
Peterson’s request for a conditional use permit that would allow a hobby kennel on her property has come before the Independence Planning Commission and Independence City Council, and now it is headed back to the Planning Commission.
City Planner Mark Kaltsas explained the history of Peterson’s request to the City Council at its regular meeting on Tuesday, Oct. 22. He said that city ordinances permit a maximum of three dogs to be housed on private property. If someone wants to keep more dogs, they must apply for a conditional use permit for a hobby kennel. Peterson does not intend to put a kennel, if approved, to commercial use, he said. She breeds one litter of puppies per year and shows her dogs.
Peterson’s path for getting an approval for a hobby kennel hit a road block during the Planning Commission public hearing. Neighbors said they were concerned about loud barking and the possibility of dogs leaving the property. After listening to comments, the Planning Commission recommended denial of the conditional use permit.
Following the Planning Commission meeting, city staff suggested that Peterson come up with a plan to mitigate concerns expressed by neighbors. She did that and put the plan in a letter to the city. Her proposal includes insulating the tin building that houses the kennel and closing off both ends to cut down on the volume of barking sounds leaving the property, Kaltsas said. Plans for managing the dogs might include moving an invisible fence.
Kaltsas asked the City Council what should happen next, because Peterson has changed some of the details contained in her conditional use permit application. He suggested that Peterson needs an interim use permit rather than a conditional use permit because a conditional use permit could be used by future owners of the Nelson Road property. An interim use permit could be used only by Peterson. His other suggestions included limiting the permit to nine Welsh Corgis over the age of six months.
Meanwhile, the City Council had her conditional use permit request on its agenda for Oct. 22, along with the Planning Commission’s recommendation for denial.
Mayor Marvin Johnson asked whether neighbors had been notified that the hobby kennel use was coming before the council, and Kaltsas said no. The public hearing had already taken place before the Planning Commission.
City Attorney Bob Vose said a new public hearing on Peterson’s current application was not legally required because her changes were limited to addressing concerns about the original application. If the City Council wanted to send the issue back to the Planning Commission, that action would be appropriate.
City Councilor Norm Wenck moved that Peterson’s hobby kennel request be referred back to the Planning Commission, and the rest of the city council agreed unanimously.
The City Council also took up two other land use requests, one from Dean Mooney and several from Jim and Linda Franklin.
Jim and Linda Franklin have made several requests involving their property at 6615 Franklin Hills Road. The council tabled their requests at its Oct. 8 meeting because they involved developing Franklin Hills Second Addition in phases. The Franklins proposed six single-family lots for the subdivision, once completed, and the council wanted a clearer idea about plans for constructing roads, sewer and water.
The Franklins came back on Oct. 22 with a proposal for three-lot second addition and a three-lot third addition, and only two lots in the second addition would be developed initially. Kaltsas said the couple intends to develop the four remaining lots next year.
Resulting council actions were complicated. Councilors approved rezoning of lots one, two and three from agriculture to rural residential use, along with the preliminary plat for all six lots. They also approved a final plat for only lots one and three. These approvals are subject to future approval of a development agreement.
The final plat for the first two lots includes an extension of Franklin Hills Road to serve these properties. When the other four lots are developed, they will be served by a street with a cul-de-sac, McKown Court. Kaltsas said the Franklins have a year in which to file a final plat for Franklin Hills Third Addition. This requirement protects the Franklins from any changes in city regulations that might happen during that time.
As Jim Franklin left the meeting, he said that all he wanted to do originally was make one of his lots available to a friend.
The council approved Dean Mooney’s request for his property at 6165 County Road 6. He asked for a minor subdivision to permit a rural view lot and lot combination.
Mooney originally had two lots, one spanning 47.56 acres and zoned agricultural and the other spanning 3.83 acres and zoned rural residential. Now that the council has approved the lot combination and split, the first lot is 6.71 acres and the second one is 44.68 acres. The new smaller lot is a rural view lot that is considered to be buildable.
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