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HomeMy WebLinkAboutNovember 7, 1974 / 1074-l '. .I G~VW TVWNStllJ> Minutes of the SPECIAL MEt~TIIJG of the Grow Township Planning and Zoning Commission held Octebor 7, 1974 at the Grow Township Communi ty Center. IVcJ',.b, Attending were: Chairman Miles, Commission members Heil, Jack, Johnson, Rither and Vander Laan. Chairman Miles explained that Johnson would be arriving late and Jaworski was required to attend the Town Board meeting also in session at that time. Chairman Miles requested Clerk Vander Laan to read the recommenda- tion on the proposed Ordinance regulating the discharge of fire- arms in the Township of Grow. Mr'l.and Mrs. Jerold Prior appeared to request a Special Use Permit fO~~he keeping of dogs for breeding and sales on their home site in White Oaks Estates, zoned R-I. Chairman Miles explained that Attorney Hawkins had verbally given his opinion that the Priors must have a Special Use Permit for this operation. He read a list of the adjoining property owners and stated letters dated October 30, 1974, had been sent to them informing them of the Public Hearing. Vander Laan asked the Priors if they were in full agreement with the restrictions placed on them by Lary Carl- son as outlined in the letter from Miles to Attorney Hawkins. Prior explained they fully agreed and that it was they who had outlined the conditions. The letter from Carlson to Prior was presented to the Commission. Applicants stated they presently have two dogs in their possession and are raising them for show dogs. Prior explained they are members of the Cairn Terrier Club and the old- er of their two dogs has been obedience trained and presented to the Commission a Certificate of Obedience. Chairman Miles stated Ordinance #8 establishes the need for a Special Use Permit and referred to Sec. 3.02 (X) for the definition of a dog kennel, and then to page 10, Sec. 7.03 Special Uses, to indicate that a dog kennel is a permitted use in an R-I District. Rither referred to the points listed in Lary Carlson's letter and indicated he felt the Commission could not restrict the breed or require that the animals be show dogs, and that our Leash Law would apply to keep- ing the dogs leashed when outside and that barking excessively would be considered a nuisance and would be controlled by Ordinance. ?rior said while he realizes there is a Leash Ordinance he still sees dogs running loose but that he and his wife think too highly of their dogs to let them run loose. Mrs. Prior stated they plan to build a 12' x 12' enclosure with concrete footings to provide the dogs with a place to eliminate wastes and they have plans to provide for the disposal of those wastes. Miles asked appli- cants if they had a copy of the Dog Ordinance and were they aware of the provisions contained in that Ordinance with respect to a Kennel License? Applicants answered they had the Ordinance and ~~vw TVWNS~IP Page 2 November 7, 1974 further related, in response to a question from Heil, that dur- ing the day, when they are not at home, the animals are caged. Chariman Miles informed the Commission that the Prior's Special Use Permit was already on the Town Board agenda. Rither said he felt it was premature, while not improper, to have an item on the Town Board agenda prior to the time that the Planning and Zoning Commission has discussed it and referred to Ordinance #8 to the proper procedure for the reviewing of a Special Use Permit. Miles explained the item had been placed on the Town Board agenda be- cause of the various delays the Priors had to endure before the discussion of their Special Use Permit was held. Rither said he would be abstaining from voting on this action because it would be handled later by the City Council of which he is a newly elect- ed member. Vander Laan said she also would be abstaining from voting. Rither moved that in regards to the Special Use Permit for Jerold Prior that we comply with Ordinance #8, Sec. 5.03, C #5. Vander Laan seconded the motion. The following Commissioners voted aye: Jolll1son, Rither, Jack, Vander Laan and Heil. Chairman Miles voted nay. Jack moved that the Planning and Zoning Commis- sion recommend to the Andover City Council that the Special Use Permit for Jerold Prior be granted with the following conditions: that no outside separate structure or raceway or fence larger than 12' x l2' or higher than 6' be permitted as required by Ordinance #8, Sec. 7.03 Special Uses, Dog Kennels, in Residential Districts. Motion died for lack of a second. Heil asked the Commission what would happen if the applicants wanted a fenced-in back yard? Jack moved the Planning and Zoning Commission recommend to the Andover City Council that the Special Use Permit for Jer- old l'rior be granted provided that no dog,be boarded, bred, and/or offered for sale in any accessory building or structure on this property in accordance with Ordinance #8, Sec. 7.03 Special Uses, Dog Kennels in R-l Districts. Heil seconded the motion. The following Commissioners voted aye: Heil, Jack and Jo~~son. Rither and Vander Laan abstained. Vander Laan moved the meeting be adjourned. Johnson seconded the motion; carried unanimously. Meeting adjourned at 9:10. , Planning & Zoning Commission