Commission rejects kennel approval

By ANDREW NASH
Posted Mar 10, 2010 @ 12:31 AM
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Once in a blue moon the Pittsburg City Commission goes against the recommendation of the Planning and Zoning Commission.
But there must have been a blue moon behind the cloudy skies Tuesday evening at the regular meeting of the Pittsburg City Commission.
The decision is based around the home and seven dogs of Karen S. Clark, 1131 W. Second St. The city allows no more than four dogs as pets according to city ordinance, unless a person is granted a conditional use for a dog kennel.
Clark first sought that approval through the Planning and Zoning Commission, which granted the conditional use for a dog kennel with several conditions by a vote of 6-2. One condition was that Clark could not get any new dogs and would not replace the dogs as they died out, eventually bringing her down to the acceptable four dogs by attrition, as well as several other restrictions.
City officials said they had not received any complaints from neighbors, and the dogs are kept in a “pretty nice fenced-in yard,” according to Pittsburg Mayor Rudy Draper. All of the dogs are vaccinated.
At least three of the commissioners present on Tuesday night mentioned that they owned dogs, and could “empathize” with Clark.
Todd Kennemer, Pittsburg assistant public works director, also told the commissioners that he had several other dog owners over the limit waiting in the wings, including dog owners with up to eight, 10 and 14 dogs.
Ultimately, the city commission voted 4-0 to disapprove the conditional use for Clark, fearing that the situation with dogs could get out of control. Commissioner Marty Beezley was absent.
“As an animal lover, I’m the owner of two pets,” said commissioner Patrick O’Bryan. “I once had four dogs, so I empathize with you and your love of these pets. But I hate to open a Pandora’s box of a plethora of dogs in every backyard.”
City commissioner Pam Henderson echoed that sentiment.
“If you allow one, we have a couple more waiting in the wings,” Henderson said. “How do we ever stop it if we don’t say no here?”
The city also heard a synopsis of the state ban on smoking from City Attorney Henry Menghini. Menghini described the exemptions and restrictions of the state’s ban.
“The only thing we could do is to say you can’t smoke in gaming floors and other places,” Menghini said. “The only thing we can do is restrict the exemptions. I don’t see that happening.”
In other actions Tuesday, the City Commission:
• approved an agreement with PKHLS Architecture to design the Public Utilities Maintenance Building. The contract is for $23,500, roughly 4 percent of the project’s total cost.
• recessed into executive session for attorney-client privilege.
• approved the request to rezone the 600 blocks of E. Monroe and E. Madison streets to clear way for the expansion of Miller’s Professional Imaging.

Andrew Nash can be reached at andrew.nash@morningsun.net or by calling 231-2600 ext. 132.

Once in a blue moon the Pittsburg City Commission goes against the recommendation of the Planning and Zoning Commission.
But there must have been a blue moon behind the cloudy skies Tuesday evening at the regular meeting of the Pittsburg City Commission.
The decision is based around the home and seven dogs of Karen S. Clark, 1131 W. Second St. The city allows no more than four dogs as pets according to city ordinance, unless a person is granted a conditional use for a dog kennel.
Clark first sought that approval through the Planning and Zoning Commission, which granted the conditional use for a dog kennel with several conditions by a vote of 6-2. One condition was that Clark could not get any new dogs and would not replace the dogs as they died out, eventually bringing her down to the acceptable four dogs by attrition, as well as several other restrictions.
City officials said they had not received any complaints from neighbors, and the dogs are kept in a “pretty nice fenced-in yard,” according to Pittsburg Mayor Rudy Draper. All of the dogs are vaccinated.
At least three of the commissioners present on Tuesday night mentioned that they owned dogs, and could “empathize” with Clark.
Todd Kennemer, Pittsburg assistant public works director, also told the commissioners that he had several other dog owners over the limit waiting in the wings, including dog owners with up to eight, 10 and 14 dogs.
Ultimately, the city commission voted 4-0 to disapprove the conditional use for Clark, fearing that the situation with dogs could get out of control. Commissioner Marty Beezley was absent.
“As an animal lover, I’m the owner of two pets,” said commissioner Patrick O’Bryan. “I once had four dogs, so I empathize with you and your love of these pets. But I hate to open a Pandora’s box of a plethora of dogs in every backyard.”
City commissioner Pam Henderson echoed that sentiment.
“If you allow one, we have a couple more waiting in the wings,” Henderson said. “How do we ever stop it if we don’t say no here?”
The city also heard a synopsis of the state ban on smoking from City Attorney Henry Menghini. Menghini described the exemptions and restrictions of the state’s ban.
“The only thing we could do is to say you can’t smoke in gaming floors and other places,” Menghini said. “The only thing we can do is restrict the exemptions. I don’t see that happening.”
In other actions Tuesday, the City Commission:
• approved an agreement with PKHLS Architecture to design the Public Utilities Maintenance Building. The contract is for $23,500, roughly 4 percent of the project’s total cost.
• recessed into executive session for attorney-client privilege.
• approved the request to rezone the 600 blocks of E. Monroe and E. Madison streets to clear way for the expansion of Miller’s Professional Imaging.

Andrew Nash can be reached at andrew.nash@morningsun.net or by calling 231-2600 ext. 132.

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