County revokes conditional use permit to Braham dog breeder

Posted 3/28/01

County revokes conditional use permit to Braham dog breeder

By Danielle Strenke

Upon hearing of violations to a conditional use permit (CUP), the Chisago County Board voted to revoke the permit issued to Jack Allen, the operator of a dog kennel in Nessel Township.

A hearing was held during the boardís meeting March 21, at which the board heard testimony from zoning administrator Marion Heemsbergen, animal control officer Richard Ruzicka, code enforcement officer Steve Putman, and Allen. The board found Allen to be in noncompliance with the conditions of the original permit, and told him he was to cease operation of his kennel/breeding operation outside of Braham.

The original CUP was approved by the county planning commission in September 2000. It was issued providing that Allen install a 1,500 gallon holding tank to catch wash water underneath the kennel before the ground froze last year, a fresh air intake, furnace and water heater be secured, and he conform to state and federal laws.

Allen told the board that he had not installed the tank prior to winter, but was planning on having it completed as soon as possible this spring. As for proper ventilation, Allen appeared before a county judge in February regarding a complaint issued by Ruzicka, at which time the judge ruled that the dog doors at the kennel provided adequate ventilation for the kennels.
Ruzicka, however, said on his visit to the kennel in December, the kennels were dirty and the smell was overwhelming. Following the inspection, Ruzicka issued a citation for violation of sanitation and ventilation. The ventilation charge was overturned in February; however, Allen was charged with violating sanitation codes, and given a fine.

Allen told the board he and his family had been working extremely hard to clean up garbage and debris left by the previous owner of his property. ěWe spent $30,000 in the last year cleaning it up,î he said. He also said that on the day that Ruzicka inspected the kennels, the family had been out of town the previous day, so the kennels had not been cleaned. ěWe have a farm, so thereís an order we follow. We get up, all the animals get fed and cleaned, and then the dogs. He [Ruzicka] showed up before 9 a.m., when we hadnít gotten to the kennel yet.î

The board was sympathetic, yet reminded Allen that the sanitation issue was not the only violation of the CUP. ěYou knew the conditions of the permit- this [holding tank] is a large item,î Commissioner Bob Gustafson said. ěI canít believe you could leave here and not know you were supposed to install a 1,500 gallon holding tank. If you decided not to meet one of the conditions, you needed to notify us.î

ěYou seem like a nice guy, the problem is with that tank,î Commissioner Mike Robinson said. ěIf that would have been there, some of this other stuff could have been overlooked. I donít see any way to vote any other way.î

Commissioner Ben Montzka suggested the possibility of giving Allen some time to comply with the original CUP conditions. ěWe also need to think about the animals. Maybe itís a better idea for the animals to stay there as long as its clean,î he said. ěI think we could maybe give him 30 days to comply and get his act together.î

The rest of the board did not agree. ěThe problem I see is, we have only had very few of these CUPs, if we get in the habit of not enforcing them, weíll have a lot more people in here, weíll guarantee that,î Gustafson said.

Montzka alluded to the fact that some of the board members may be willing to be more lenient to CUP violations if the party involved is a commercial corporation. During the voting, he cast the only nay vote to rescind the permit; Commissioner Tom Delaney was absent from the meeting.

Allen was instructed to meet with Heemsbergen to work out a timeline for selling the dogs and getting rid of the kennel. The board also told him that he could apply for another CUP for the kennel in the future, providing all of the conditions of the first permit are met.