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2013_1021_packet
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58 sentence introducing the residential fence requirements says that the regulations <br />59 (including a 6.5 -foot height limit) apply to residential properties and any other property <br />60 "directly adjacent to any residential zoning district." Because the sub j ect property is only <br />61 adjacent to properties which share its CB zoning designation, this phrase doesn't affect <br />62 the present application but, having found the conflicting regulations while reviewing this <br />63 application, now is an opportune time to strike the conflicting language. <br />64 4.3 Roseville's Development Review Committee met on September 12, 2013 to discuss this <br />65 proposal, and no one had any particular concerns about relieving the 100 -foot restriction <br />66 in cases where all residential property owners in the protected area support an animal <br />67 boarding facility with an outdoor area. <br />68 4.4 The current prohibition of such outdoor areas in close proximity to residential properties <br />69 was a product of the significant anxiety felt by the would -be residential neighbors of The <br />70 Woof Room's present location. Given the amount of concern, and the eventual discontent <br />71 over the City's approval of the facility in the face of those concerns, it seemed simpler <br />72 just to avoid the potential conflict in the future; hence the outright prohibition of outdoor <br />73 areas near residential properties. The outdoor area in the current location is about 40 feet <br />74 from the southern property line which abuts the residential neighbors. Although City staff <br />75 had not received any complaints about noise, odor, or other nuisance from the outdoor <br />76 area at this distance from a residential district boundary, a minimum, mandatory <br />77 separation of 100 feet was established in the 2010 zoning code update simply because it <br />78 represented a round figure that was significantly greater than the 40 -foot distance of this <br />79 previous, contentious instance. During the public hearing for the present application, the <br />80 Planning Commission discussed whether 100 feet was adequate in light of the reasons for <br />81 establishing a minimum distance in the first place, or whether some greater minimum <br />82 distance would be more appropriate. In the end, the consensus of the Commissioners was <br />83 that any greater distance would be equally arbitrary and would be of questionable value in <br />84 further reducing the potential noise of barking dogs. <br />85 4.5 As a practical manifestation of "the written support of all owners of [residential] <br />86 properties within 100 feet" of The Woof Room's proposed outdoor area, Planning <br />87 Division staff has suggested that the applicants prepare a written description of how the <br />88 outdoor area is to be managed, how many dogs will be out at any time and for how long, <br />89 how noise and odors are to be minimized, and so on. This description would be provided <br />90 to the one owner of residential property within 100 feet of the proposed outdoor area for <br />91 him to endorse or append a short statement of endorsement, which would then become an <br />92 Exhibit of a resolution approving the conditional use. In this way, future management of <br />93 the outdoor area can be measured against the description and, should problems arise <br />94 which are not (or cannot be) resolved, the City has specific grounds on which to initiate <br />95 proceedings to rescind the conditional use approval. This suggestion was supported by the <br />96 Planning Commission, and the endorsed description will is included with this report as <br />97 part of the draft resolution. <br />98 5.0 REVIEW OF CONDITIONAL USE <br />99 5.1 REVIEW OF GENERAL CONDITIONAL USE CRITERIA: Section 1009.02C of the City Code <br />100 establishes general standards and criteria for all conditional uses, and the Planning <br />101 Commission and City Council must find that each proposed conditional use does or can <br />102 meet these requirements. The general standards are as follows: <br />PF 13 -015 RCA 102113 . doc <br />Page 3 of 6 <br />
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