DC Board of Adjustment approves special exception for kennel in Town of Menomonie
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By LeAnn R. Ralph
MENOMONIE — The Dunn County Zoning Board of Adjustment has approved a special exception to operate a commercial kennel in the Town of Menomonie to house four or more dogs or cats.
The Board of Adjustment held a public hearing July 18 on the application from Justin and Kayla Kessels, who live on 710th Avenue in the Town of Menomonie, for the special exception to allow a commercial kennel to be operated on their two-acre property in a General Agriculture zoning district.
Mark Dietsche, chair of the BOA, read a statement prior to the beginning of the public hearing that emphasized the Board of Adjustment’s duty to apply legal standards to applications that come before the BOA and to base decisions on why the application has met legal standards or has not met the standards.
Testimony before the Board of Adjustment must also be based on whether an application is or is not meeting standards, according to the statement.
Dietsche then read a letter from Kayla Kessels explaining her plan to build a commercial kennel on their property that would be “upscale boarding for dogs.”
The letter went on to say Kessels will be licensed and insured, that she has formed a Limited Liability Corporation, and that she plans to have three small exercise yards but that the dogs would be housed indoors.
Kessels asked for the support of her neighbors, and Dietsche noted the names of the eight people who had signed the letter in support of the proposed commercial kennel.
Town of Menomonie
The applicant came to the Town of Menomonie Plan Commission well prepared, and the town’s seven-member plan commission approved the proposal, said Frank Bammert, chair of the Menomonie Town Board.
The Menomonie Town Board also reviewed the proposal, and although there initially was concern about the nearest neighbors being too close, upon further review, the board determined the nearest neighbors are not too close, he said.
The Menomonie Town Board asked that the animals be housed after dark and not be allowed out in the exercise yards after dark. According to the Town of Menomonie’s ordinance, no vicious dogs which have been banned in another community will be allowed at the kennel, Bammert said.
Experience
Kessels told the BOA that she loves dogs and is very experienced at handling them.
According to background information provided in the Board of Adjustment packet, Kessels is employed as a foster coordinator at Coco’s Heart Dog Rescue in Somerset and has more than 10 years of experience working at veterinary offices as a veterinary technician and a receptionist.
Kessels said she has no plans to keep the dogs outside and that there will be no dog breeding at the kennel, only boarding for the public.
In addition to volunteering with various dog rescues, Kessels said she has been asked to provide respite care for other facilities.
The kennel will “not be huge” and will be something she can handle herself, she said.
New owners?
If the property is sold, will the special exception remain with the property or would it go with the applicants? Bammert asked.
Special exceptions, which are tailored to a particular property, stay with the property, and all of the conditions would apply to new owners, said Anne Wodarczyk, Dunn County zoning administrator.
One of the proposed conditions was that all animals shall be housed indoors from 9 p.m. to 6 a.m.
Bammert said that, out of concern for the neighbors, 6 a.m. seemed to be a little early for letting dogs out in the exercise yard and suggested that 7 a.m. would be better.
If the condition is set at 7 a.m., Kessels said she could abide by that.
When thinking about how often dogs have to go out, and especially the urgency of going outside first thing in the morning, 7 a.m. might be a little late for some dogs, she said.
What about 6:30 a.m.? Dietsche asked.
Bammert and Kessels both said they could accept 6:30 a.m.
Lot line
One Board of Adjustment member was concerned about the condition that noise not be heard beyond the owner’s lot lines.
The goal is not to be a nuisance to the neighbors, Kessels said.
But if no noise is allowed beyond the lot line, and the dogs’ barking can be heard past the lot line, the special exception permit could be revoked, the BOA member said.
Wodarczyk said it was a valid concern.
The reason the lot line had been included is so that neighbors could determine if the dogs could be heard without needing permission to be on the Kessels’ property, as might be the case if the condition was set at a certain number of feet from the facility, she said.
The suggested condition stated “Sound dampening material will be used in the construction of the kennel structure so that indoor animal noise cannot be heard beyond the owner’s lot line.”
Board of Adjustment members agreed to remove “so that indoor animal noise cannot be heard beyond the owner’s lot line,” leaving the condition as “Sound dampening materials will be used in the construction of the kennel structure.”
Tim Lienau, BOA member, asked if Kessels had plans to plant shrubs after the structure is constructed to help with mitigating noise.
Kessels said she plans to plant shrubs or perhaps some evergreen trees.
The less dogs can see, the less likely they are to make noise, she said.
Bammert suggested that Kessels could build a wooden fence at the lot line to help mitigate noise.
The Dunn County Board of Adjustment unanimously approved the special exception for a commercial kennel for the Kessels with the conditions suggested by Wodarczyk and as amended by BOA members.
Conditions
Here are the conditions for the special exception permit:
• The owners of the property will abide by all representations and commitments made in their application as well as before the Board of Adjustment and in accordance with all conditions to the special exception permit, taken as a whole, as approved by the Board of Adjustment.
• Activities associated with this use shall not create a nuisance to nearby residents by way of traffic, noise or parking.
• All animals shall be housed indoors from 9 p.m. to 6:30 a.m.
• An enclosed, insulated shelter shall be constructed and made accessible to every dog or cat on the premises. The shelter shall be kept clean and free of vermin and shall be ventilated so that in times of hot weather, the building can be ventilated to allow through movement of air.
• A plan outlining waste removal and offsite disposal shall be submitted to the zoning administrator prior to commencing operation. Any waste shall be removed each day from the kennel area and shelter and shall be stored in a sealed container until it can be properly disposed of in accordance with health and sanitation regulations. This requirement is intended to address site odor, storm-water runoff contamination and public health protection.
• Fence runs and enclosures shall be kept clean and in sanitary conditions, free of excrement, and shall be large enough to accommodate the number of dogs licensed for the premises.
• The kennel structure shall be located more than 300 feet away from the nearest existing non-owner occupied residential structure.
• Sound dampening materials will be used in the construction of the kennel structure.
• Barking and other noises occurring outdoors shall be mitigated through the use of fences and/or landscaping.
• All parking will be on-site and will not occur on the roadway or within the road-right-of-way.
• Outdoor lighting shall be provided only as necessary for security, safety and traffic circulation and will be shielded and directed downward.
• All uses approved pursuant to the special exception permit and all property utilized in connection with this use must comply with governing regulatory provisions without limitation, and by way of example, that includes public health, fire safety regulations and building code provisions.
• This permit is subject to the terms and conditions, and where such terms or conditions have been violated or not complied with, as an alternative or in addition to any other enforcement action, the zoning administrator shall petition the Board of Adjustment to hold a public hearing to determine whether the terms and conditions of the special exception have been violated or otherwise not complied with. If the Board of Adjustment determines that a condition or term has been violated or not complied with, then the Board of Adjustment may revoke or modify all or part of this special exception permit.
