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93-8048rRESOLUTION NO. 8048 RESOLUTION DENYING RESIDENTIAL KENNEL LICENSE AT 7315 THOMAS AVENUE WHEREAS, Philip Mortenson has applied for a residential kennel license for four cats at 7315 Thomas Avenue; and WHEREAS, a public hearing was held on June 28, 1993, at which the City Council encouraged Mr. Mortenson and the neighboring property owners to attempt to resolve their differences through mediation; and WHEREAS, Mr. Mortenson and neighboring property owners were unable to resolve their differences over the number of animals at 7315 Thomas Avenue through mediation; and WHEREAS, an additional public hearing was held on August 23, 1993,. at which time the council received the testimony of interested parties wishing to be heard as well as the reports of the staff relative to this matter; and WHEREAS, Subsection 905.31, subdivision 3 of the Richfield City Code provides that a residential kennel license may not be granted unless the council finds that the use of the applicant's premises as a residential kennel will not have, or will not be likely to have, any adverse effect upon adjacent properties or the occupancy thereof , and will not constitute a nuisance to the neighborhood . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD: 1. The applicant has not shown that the use of his premises as a residen- tial kennel will not have, or will not be likely to have, any adverse effect upon adjacent properties or the occupancy thereof, and will not constitute a nuisance to the neighborhood . 2. The applicant's request for a residential kennel license for four cats is denied . 3. The applicant shall have until September 22, 1993 to reduce the total number of cats at 7315 Thomas Avenue to two or less . No enforcement action for violation of Code Subsection 905.31 shall be taken until after September 22, 1993. Adopted by the City Council of the City of Richfield, T9innesota this 23rd day of August, 1993. c ~~ Martin J. Kirsc ,Mayor ATTEST: i~Q ` homas Ferber, City Clerk,