Goodhue County Land Use Management
Goodhue County Government Center | 509 West Fifth Street | Red Wing, Minnesota 55066
Lisa M. Hanni, L.S. Director
Building | Planning | Zoning
Telephone: 651.385.3104
Fax: 651.385.3106
County Surveyor / Recorder
Environmental Health | Land Surveying | GIS
Telephone: 651.385.3223
Fax: 651.385.3098
To:
Goodhue County Board of Commissioners
From: Land Use Management
Meeting Date: March 1, 2016
RE: Sherry Lynn Shoemaker – Erik Torjesen: Amendment: to an Interim Use Permit
for a Dog Kennel up to 16 (increase from 11) dogs on parcel 40.002.0301 in A-1 Zoned
District, (Sect-02 Twp-109 Range-016 5.00 AC PT OF NE1/4 OF NW1/4 SEC 2)
RECORDED 5/14/93 DOC# 434851 , Roscoe Township
Application Information:
Applicant: Sherry Lynn Shoemaker – Erik Torjesen
Address of zoning request: 16442 460th St Zumbrota, MN 55992
Township Information: the township has acknowledged the request without comment.
Please see attachments:
1. PLANNING COMMISSION GOODHUE COUNTY, MN February 8, 2016
DRAFT MEETING MINUTES
2. Applicant Statement
3. Kennels: Performance Standards, according to the Goodhue County Zoning
Ordinance, subdivisions of Article 11, Section 6, Subd. 1 (Performance Standards,
Kennels)
Background:
The above entitled matter came before the Goodhue County Board of Commissioners on the
6th day of May, 2014 on a petition for an interim use permit pursuant to Goodhue County
Zoning Ordinance. IT IS ORDERED that the Interim Use Permit to operate a training and
breeding kennel is hereby approved with conditions.
At the 2014 public hearing concerns were heard about the Applicant’s practice to allow the
dogs access to run outside of the fenced areas on the property The existing conditions: the
County expects “Appropriate precautions will be taken to prevent dogs from leaving the
property” was added to the IUP in 2014.
Update:
LUM Staff preformed a site visit in early 2015 and confirmed that all physical conditions of
the IUP are met, and confirmed that 11 adult dogs could be on the site. This year, 2016, Ms.
Shoemaker would like to increase the number of dogs to no more than 16 adult dogs.
“To effectively promote the safety, health, and well-being of our residents”
www.co.goodhue.mn.us
Page 1 of 5
Draft Findings of fact to support approval:
A. The kennel does not appear that it will be injurious to the use and enjoyment of other
property in the immediate vicinity, nor substantially diminish and impair property
values within the immediate vicinity.
B. The kennel does not appear that it will impede the normal and orderly development
and improvement of the surrounding properties.
C. The existing access driveway currently accommodates the kennel, and all other existing
buildings. No new accesses will be constructed. The open areas of the kennels do not
need to be further graded to provide adequate drainage to avoid collection of stagnant
water, unnecessary runoff to adjoining properties, and to prevent soil erosion.
D. The applicants have an off-street parking area in front of their existing barn building to
accommodate their kennel vehicles and visitor’s vehicles.
E. The existing vegetation, topography, and location of existing structures appears to
provide an adequate buffer for sight and sound. The proposed kennel is to be located
on a 5-acre parcel; approximately 1200 feet from an intermittent stream; and
approximately 1,250 feet from the nearest neighbor’s dwelling. The proposed Kennel
site is wooded and shielded to the south and east; tillable crop land is to the north and
west.
Planning Commission Recommendation:
The County Board should adopt the staff report into the record (dated March
1st, 2016), adopts the findings of fact, and approves the amendment to the
Interim Use Permit for the Shoemaker Dog training and breeding Kennel for
up to 16 (increase from 11) dogs on parcel 40.002.0301 in A-1 Zoned District
(Twp-109 Range-016 5.00 AC PT OF NE1/4 OF NW1/4 Sect-02) Roscoe
Township,
Subject to the following conditions:
1. Conformance with the application submitted to Goodhue County Land
Use Management Office January 2016.
2. No more than 16 adult dogs..
3. The kennel is for the purpose of training and breeding and the applicant
shall not conduct boarding of non-family member’s dogs.
4. Compliance with Goodhue County Zoning Ordinance Article 11 Section 27
(PERFORMANCE STANDARDS, KENNELS); and Article 13 Section 8
(CONFINED FEEDLOT REGULATIONS, SUGGESTED MANURE
APPLICATION SETBACKS).
5. Compliance with all necessary State and Federal permits
6. The kennel construction material must be impervious to water and odor
and easily cleanable
7. Indoor/outdoor runs are maintained.
8. A permanent water line must be maintained to the converted
barn/kennel building for drinking water and to clean the kennels.
9. The owners will cooperate with annual inspections of the facility in
coordination with Land Use staff.
10. Appropriate precautions are taken to prevent dogs from leaving the
property.
11. The IUP will continue in effect as long as the applicant chooses to operate
the Kennel facility at this location, under these conditions.
“To effectively promote the safety, health, and well-being of our residents”
www.co.goodhue.mn.us
Page 2 of 5
Attachment 1
PLANNING COMMISSION GOODHUE COUNTY, MN February 8, 2016
DRAFT MEETING MINUTES:
Sherry Lynn Shoemaker – Erik Torjesen: Amendment to an Interim Use Permit for a Dog Kennel
for up to 16 dogs (increase from 11) on parcel 40.002.0301 in A-1 Zoned District (Twp-109 Range-016
5.00 AC PT OF NE1/4 OF NW1/4 Sect-02) Roscoe Township
Sherry Lynn Shoemaker was present.
M. Wozniak presented the staff report.
Sherry Lynn Shoemaker clarified that Commercial dog and cat breeders in Minnesota must be licensed
and inspected by the Board of Animal Health to verify that their facility meets all the requirements
specified in Minnesota Statutes 347.57 through 347.64. A commercial breeder is defined (Minnesota
Statutes 347.50) as a person who possesses or has an ownership interest in animals and is engaged in the
business of breeding animals for sale or for exchange in return for consideration, and who possesses ten
or more adult intact animals and whose animals produce more than five total litters of puppies or kittens
per year.
LUM staff described the 2015 site review of the property; where it was confirmed that all Ordinance
requirements, performance standards for kennels, and conditions of the 2014 IUP had been satisfied.
PAC Chair Feuling opened the public hearing
There was no one from the public present to speak for or against the amendment to the IUP. After Chair
Feuling asked three times for comments it was moved by Commissioner Schafer and seconded by
Commissioner Drazkowski to close the public hearing. Motion carried 7:0
Commissioner Pettit asked if there had been any complaints about the kennel. LUM Staff confirmed there
were no concerns or complaints raised in the past year.
Motioned by Brandon Schafer, second by Tom Drazkowski, to adopt the staff report into
the record (dated February 8th, 2016), adopts the findings of fact, and to recommend the
County Board approve the amendment to the Interim Use Permit for the Shoemaker Dog
training and breeding Kennel to allow up to 16 dogs (increase from 11) on parcel
40.002.0301 in A-1 Zoned District (Twp-109 Range-016 5.00 AC PT OF NE1/4 OF NW1/4
Sect-02) Roscoe Township
Subject to the following conditions:
1. Conformance with the application submitted to Goodhue County Land Use
Management Office January 2016.
2. No more than 16 adult dogs..
3. The kennel is for the purpose of training and breeding and the applicant shall not
conduct boarding of non-family member’s dogs.
4. Compliance with Goodhue County Zoning Ordinance Article 11 Section 27
(PERFORMANCE STANDARDS, KENNELS); and Article 13 Section 8 (CONFINED
FEEDLOT REGULATIONS, SUGGESTED MANURE APPLICATION SETBACKS).
5. Compliance with all necessary State and Federal permits
6. The kennel construction material must be impervious to water and odor and easily
cleanable
7. Indoor/outdoor runs are maintained.
8. A permanent water line must be maintained to the converted barn/kennel building
for drinking water and to clean the kennels.
9. The owners will cooperate with annual inspections of the facility in coordination with
Land Use staff.
10. Appropriate precautions are taken to prevent dogs from leaving the property.
11. The IUP will continue in effect as long as the applicant chooses to operate the Kennel
facility at this location, under these conditions.
Motion Carried 7:0
“To effectively promote the safety, health, and well-being of our residents”
www.co.goodhue.mn.us
Page 3 of 5
Attachment 2
Applicant Statement:
“This is Sherry Shoemaker, giving an update for this new year of 2016 for my C.U.P. with
Goodhue County Land Management.
I am applying and asking for an additional five dogs. That would make my numbers of
canine 16 total.
I have worked very hard with a program I have, where I purchase raw beef, trims, ends of
roast and steaks and various cuts from a butcher that is fed to my dogs, and also give my
dogs raw weight bearing bones for their teeth health, and overall general health from the
marrow of the bones. They also get a cut of raw liver once a week.
This along with the dry kibble I feed. It is very healthy for them, and cost effective for me.
I continue to train my dogs, references from my vet on this, as one of my vets comes to
the farm to tend to the horses and adult dogs, the dogs are very well behaved. I have
rigorous training on the ones I have, so I feel that five more dogs to my program will not
be a problem. I will train them as well.
I am currently involved with the State for attaining my license with them, Jeff Smith the
State vet for our area has been here twice, met some of my dogs and has started to help
me with the process. He came here twice so far unannounced.
As I want my business to grow, I also do not want more canine than I feel confident that
can be cared for the way I want, and also meet the County and State regulations, that is
why I ask for 16 total and no more.
I am asking Goodhue County Land Management to consider my request for update to 16
dogs. And I am at this same time working to apply with the State for my License with
them for the 16 dogs. The State vet wants me to meet all conditions with Goodhue County
first, and the State next.
Regard's Sherry Shoemaker 01/04/16”
“To effectively promote the safety, health, and well-being of our residents”
www.co.goodhue.mn.us
Page 4 of 5
Attachment 3
According to the Goodhue County Zoning Ordinance, subdivisions of Article 11, Section 27 Kennels:
A. The stated purpose for the kennel;
The proposed application is to operate dog kennel in an area zoned A-1 agricultural protection; and Dog
Kennels are allowed in the A-1 Agricultural protection zone with a Conditional Use Permit; and Dog kennels
may be required to have a state license from the US Department of Agriculture and are required to adhere to
rules from the Board of Animal Health. The proposed kennel must be in compliance with requirements from
the USDA and Board of Animal Health at all times
B. The species and maximum number of animals that will be at the site (include all animals over the age of
four months on the property);
2 horses, 2 barn cats, and up to 16 adult dogs.
C. All animals at the property must have current vaccinations. Records need to be kept onsite, or at an
identified veterinarian office, and produced immediately upon request;
The applicant has submitted updated vaccination records and the proposed application states “done and
available”.
D. Location of existing or proposed indoor/outdoor runs;
The proposed Kennel includes outdoor dog runs and structures which house and shelter up to 16 dogs; and
E. Plans for sanitary sewage disposal, water systems (natural or manmade), and utilities servicing the site;
A permanent water line has been installed in the barn/kennel building for drinking water and for cleaning the
kennels ;and
F. The kennel facility must have proper heating, cooling, ventilation and lighting:
Confinement areas must be maintained at a temperature suitable for the animal involved.
(MN Administrative Rules 1721.0520 KENNELS. All animals must be housed in an indoor facility maintained
at a temperature of not less than 50 degrees Fahrenheit. Auxiliary ventilation, such as exhaust fans, vents,
and air conditioning, must be used when the ambient temperature exceeds 85 degrees Fahrenheit at the floor
level.)
An indoor confinement area must be ventilated. Drafts, odors, and moisture condensation must be minimized.
Auxiliary ventilation, such as exhaust fans, vents, and air conditioning, must be used when the ambient
temperature rises to a level that may endanger the health of the animal.
A converted barn is being used for the kennel, it does not have heating or cooling, but does offer shelter in the
winter and windows have been added to allow for ventilation and natural lighting.
An indoor confinement area must have at least eight hours of illumination sufficient to permit routine
inspection and cleaning.
G. The kennel construction material must be impervious to water and odor and easily cleanable;
The converted barn stalls are wooden construction walls and concert floors.
H. A manure management plan describing manure pick up and disposal;
The proposed application indicates: all the animal waste will be composted in accordance with the December
2005 USDA publication on composting dog waste and then it will be land applied to the available 5 acres on
the proposed site and/ or the adjacent land also owned by Erik Torjesen PID # 40.002.0300 73.53 acres
I. All structures shall require a building permit;
J. Existing buildings used as any part of the kennel (in which the public may have access) must pass building
code inspections prior to it being utilized by the kennel;
Applicant indicates no public will be entering any the structures;
K. On-site advertising shall be limited to one (1) sign not to exceed twenty-four (24) square feet. Lighting,
height, and location must described or shown on the site plan;
No Advertising is planned on site
L. Any licenses or permits required by Environmental Health including but not limited to: water supply and
septic systems. A water test was performed and tested on 4/14/2014 and bacteria were not present.
“To effectively promote the safety, health, and well-being of our residents”
www.co.goodhue.mn.us
Page 5 of 5