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Home My WebLink AboutTUP-12-01Lauren Mikulak From: Mary McKenna Sent: Monday, July 09, 2012 10:47 AM To: Kenneth Johnstone Cc: Lauren Mikulak; Laura Coddington Subject: FW: Cr #11-10887 From: Marie Trujillo Sent: Monday, July 09, 2012 10:44 AM To: Mary McKenna Subject: Cr #11-10887 3555 Kline St was rechecked. The dog owner is in compliance and down to 3 dogs with rabies and dog license, Thanks! Marie Trujillo Community Services Team MIN MW VAN 049. 5 UN .• :!1 • City of Wheat Ridge Municipal Building July 9, 2012 Norman T. Stoneback 3555 Kline Street Wheat Ridge, CO 80033 Re: Case No. TUP 12 Dear Mr. Stoneback: 7500 W. 29" Ave, Wheat Ridge. CO 80033-8001 P: 303,235,2846 F: 303,235,2857 Please let this letter serve as notification that the temporary permit granted pursuant to Case No. TUP- 1 2-01 has expired. On May 3, 2012, you were granted a 30-day temporary permit to allow the temporary keeping of six (6) dogs on property at 3555 Kline Street. On June 4, 2012 this temporary permit was renewed, and on July 5, 2012 the permit expired. Section 26-604 of the city code permits household pets, limited to no more than 3 dogs and 4 cats, plus their unweaned offspring. Now that your temporary permit has expired, please note that the keeping of more than three (3) dogs will be considered a violation of city law. I understand from the Community Services Team that you have reduced the number of dogs kept on your property to three (3). Please feel free to be in touch with any further questions. Sincerely, f aAAJIL� Lauren Mikulak Planner I Lauren Mikulak From: Kenneth Johnstone Sent: Wednesday, June 27, 2012 9:45 AM To: Mary McKenna; Lauren Mikulak Subject: RE Stoneback Sentencing Ken Johnstone, AICIP Community Development Director Office Phone: 303-235-2844 * � 4, , 4 City 0( C ommvNrty DrvrtoPmrNT From: Mary McKenna Sent: Wednesday, June 27, 2012 9:25 AM To: Lauren Mikulak Cc: Kenneth Johnstone Subject: FW: Stoneback Sentencing 0 M = M From Mary McKenna Sent: Thursday, June 21, 2012 2:34 PM To: Laura Coddington Subject: FW: Stoneback Sentencing WM From: Mary McKenna Sent: Thursday, June 21, 2012 2:33 PM To: Daniel Brennan Cc: Joe Cassa Subject: Stoneback Sentencing Mr. Stoneback pled guilty to one count of Kennel Licenses and the fine was suspended. The CSO's will be checking the dog population at the Stoneback residence for 12months and they are not to have any animal related complaints or convictions for the 12 months. Mary dIcRenna Community Services Team Supervisor 7500 W 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2998 www.ci.wheatridge,coms City of ]�?E)MI 1 S t AV I WC prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message ftom your computer, and any network to which your computer is connected, Thank you. 40 • 44W EXION-0 M MOM Un7a-Nxu�; a It ormy PC i1o" a pursuant to Case No. TUP- 1 2-0 1. On May'i, 2012, you were granted a 30-day temporary permit to allow the temporary keeping of six (6) dogs on property at 3555 Kline Street. On June 4, 2012 this temporary permit approval expires. J ffur:� =737, 1 .144, UP /-) renewal requests may ne requ e applicam and approveA by the Community Development Director. The Community Development Department acknowledges your request for extension dated May 31, 2012, and hereby grants a renewal of the 30-day temporary perrnit. The expiration date for this temporary permit is now Thursday, July 5, 2012. This temporary permit provides relief only from the regulations • chapter 26 of the city code. A chapter 4, and a determination is still pending. Please be advised that an additional renewal of the 30-day temporary permit, if requested, will be evaluated based on the timing and outcome of any final determination from the Chief of Police. V a - i kv MIX F Ln Postage $ Ln Codified Fee ru C3 Return R"-'P' Fee C3 (Endorsemeo R.qked) C3 "lastlet%d Deliver/ Fee C3 (End.'.. '�l Required} ru cO Total Postage & Fees ru V a - i kv MIX x , 1 56 CITY OF WHEAT RIDGE 05/31112 3:17 PIN cdbb NORMAN T STONEBACK RECEIPT NO:CDB@@7559 IO AMOUNT Z F O N N S t P ZONING APPLICATN F 100.00 PAYMENT RECEIVED -AMOUNT CK 2844 TOTAL 108.00 100.00 City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.2352857 Norman T. Stoneback 3555 Kline Street Wheat Ridge, CO 80033 Re: Case No. TUP- 1 2-01 Dear Mr. Stoneback: Attached please find notice that your request for a 30-day temporary permit to allow the temporary keeping of six (6) dogs on property at 3555 Kline Street has been approved. Please note there are three conditions on the approval: 1. The temporary permit shall expire 30 days after approval. 2. By which time the temporary permit expires, the number of dogs on the subject property shall be reduced to three (3) or fewer. 3. The applicant may request up to two renewals of the 30-day temporary permit, any request for renewal shall be provided in writing prior the expiration of the original approval. Enclosed is a copy of the staff report and Approval of Temporary Permit. The expiration date for this temporary permit is Monday, June 4, 2012. Please feel free to be in touch with any further questions. �Gln,vu ^� Lauren Mikulak Planner I wN -w.d.wheatridge.co.us 7500 West 29th Avenue City of Wheat Ridge, Colorado 80033 1 t F 303.235.2846 Fax: 303.235.2857 _�qrWh6a 09, EM= WHEREAS, an application for a temporary permit was submitted for the property located at 3555 Kline Street referenced as Case No. TUP- 1 2-01 / Stoneback; and WHEREAS, City staff found basis for approval of the ternporary pen relying on findings of fact listed in Section 26-115 of the Wheat Ridge, Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has properly notified pursuant to Section 26-109 of the Wheat Ridge Code of Laws; and WHEREAS, there were no registered objections regarding the temporary permit application; Date Community Devell5pment Director 9rWh6atP..,,Ldge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: May 1, 2012 CASE MANAGER: Lauren Mikulak CASE NO. & NAME: TUP -12 -01 / Stoneback ACTION REQUESTED: Approval of a 30 -day temporary permit to allow the keeping of up to six (6) dogs LOCATION OF REQUEST: 3555 Kline Street APPLICANT (S): OWNER (S): APPROXIMATE AREA: PRESENT ZONING: Norman T. Stoneback Gary Fisher and Carol King 13,514 square feet (0.31 acres) Residential -Two (R -2) PRESENT LAND USE: Two - Family Residence ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map Site Case No. TUP -12 -01 / Stoneback 11HUM All notification and posting requirements have been met; therefore, there is jurisdiction to make an administrative decision. I. REQUEST The applicant, Norman Stoneback, is requesting approval of the temporary permit as the tenant of 3555 Kline Street and the owner of six (6) dogs. The request is for approval of a 30-day temporary permit to allow six (6) dogs on property located at 3555 Kline Street and zoned Residential-Two (R-2). The purpose of the request is to allow the dogs to remain on the property while the applicant makes arrangements either to move out of the property or to reduce the number of dogs in conformance with zoning regulations. Section 26-115.13 (Temporary permit for uses, buildings, signs and nonoperative vehicles) of the Wheat Ridge City Code empowers the Director of Community Development to decide upon applications for thirty (30) day temporary permits without requirement of a public hearing. 11. CASE ANALYSIS The property located at 3545-3555 Kline Street is zoned Residential-Two (R-2) and contains a two- family dwelling. The area of the property is 13 ),514 square feet (0.31 acres). The applicant occupies the northern unit at 3555 Kline Street with his family and six (6) dogs. This unit includes two stories of finished living space and half of the property's yard space Ookk*i* Case 1-1istory The applicant has expressed that he, his l4mily, and his dogs have been living at 3555 Kline for more Haan three (3) years ,W . In March 2009, a complaint was received by the Wheat Police Department regarding barking dogs at the subject property. Police records indicate that a Community Service Officer responded and documented that the applicant had six (6) dogs and were in violation of city code based on the number of dogs in the home. In October 2011, Wheat Ridge Police responded to a similar complaint regarding barking dogs on the subject lot. Following the complaint, the applicant submitted a kennel license request to the Wheat Ridge Police Department to permit the keeping of more than three (3) dogs. Local kennels are also required to be licensed through the Colorado Department of Agriculture. The applicant allegedly submitted a request to the state, but conveyed in January 2012 that they were ineligible to receive a state license for a kennel. Having been denied a state kennel license, the Community Service Officers stated that the number of dogs at the home must be reduced to three (3); if the number of dogs was not reduced, a court summons would be issued. On January 28, 2012 a court summons was issued. The applicant appeared in court on March 1, 2012 and subsequently appealed to City Council for relief during the "Citizens' Right to Speak" at the March 26, 2012 City Council meeting. On March 29, 2012 the City Attorney's office clarified that the keeping of more than three (3) dogs is not only a violation of Chapter 4 of the city code, but also a violation of Chapter 26. At this time, the Community Development Department became involved in addressing the violation. 2 Case No. TUP- 12-01 / Stoneback, Code Analysis—Chapier 26 Section 26-204 of the city code establishes permitted uses in residential zone districts. Permitted as an accessory use are "household pets, limited to no more than 3 dogs and 4 cats, plus their unweaned offispring," Per section 26-204.A, any use that is not expressly permitted or expressly allowed as a special or accessory use, is considered not permitted. Because the code explicitly limits the number of household dogs, the keeping of four or more dogs is prohibited. The code does not allow for variances as to a use or activity which is prohibited, therefore the applicant may not request a variance from the three (3) dog limitation. The keeping of six (6) dogs as household pets on the subject property is, therefore, a violation of the zoning code. The applicant has expressed that all of the dogs are registered. It should be noted, however, that the registration of household pets occurs through the Animal Control Section of the Jefferson County Sheriff's Office. The purpose of registration is, in part, to help reunite lost pets with their owners; the successful registration of animals through Jefferson County does not imply or supercede conformance with municipal codes. The applicant has submitted a separate application to the Chief of Police requesting a variance from the kennel license requirement of Chapter 4. The request is to allow the keeping of up to six (6) dogs without a kennel license, and is scheduled to be heard by the Animal Commission on May 15, 2012. Regardless of the outcome of the kennel variance application, the zoning code will not allow the six (6) dogs to remain long -tern at the subject property. Even if a variance fi - orn Chapter 4 is approved, the number of dogs kept on the property must be reduced to three (3) or fewer by tile time the temporary permit expires. Public Noti flcalion During the public notification period three phone calls were received regarding the temporary pen request. A woman who owns adjacent property but does not live in the neighborhood stated no objection to the dogs or the temporary permit. A second neighbor has filed complaints regarding the dogs, but has no objection to the temporary pen as a short term solution. A third neighbor also objected to the number of dogs on the property. It was explained that the original request is for a 30-day pennit with the option of two, 30-day renewals. The neighbor has no 3 Case No, TUP- 12-01 / Stoneback objection to a 30-day temporary permit, but stated that the possibility of two renewals would allow the violation to continue for too many days. Four letters of support were subinitted by the applicant with the temporary pennit application. The letters are from neighbors who express no objection to the keeping of the dogs on the subject property. 111. FINDINGS OF FACT In order to approve a 30-day temporary pen the Community Development Director must determine that the request is in substantial compliance with the "findings of fact" listed in Section 26-115.D.4. Staff provides the following comments regarding the findings of fact. 1. The proposed temporary use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in, the neighborhood of the proposed use. The temporary keeping of six (6) dogs will not have a detrimental effect upon the general health, welfare, safety and convenience of persons in the surrounding area. The dogs are small- to medium -size dogs (five schnauzers and a sheltie). The applicant has expressed that the rear of the property provides a fenced area for the animals and that a family member usually accompanies the dogs outside to minimize barking The applicant's veterinarian has testified that the animals are in good health. 2. The proposed temporary use will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution, or cause drainage problems for the general area. The temporary keeping of six (6) dogs kwill not adversely affect the adequate light and air to adjacent properties, nor will the animals cause air or water pollution or drainage problems. It is possible that the animals could contribute to noise in the neighborhood, but the applicant has testified that the animals are usually accompanied outside to minimize barking. 3. The proposed temporary use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. The temporary keeping of six (6) dogs will not result in traffic congestion or traffic hazards. The applicant has expressed that the dogs are not kept in the front yard and therefore are not in conflict with traffic or off-street parking. 4. The proposed temporary use will be appropriately designed, including setbacks, heights, parking, bulk, buffering ., screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with a4jacent properties. The request will not require any physical improvements and will therefore have no change on the character of the area and no impact on setback, height, parking, bulk, buffering, screening or landscaping. 4 Case No. TUP42-01 ISIoneback 5. The proposed temporary use will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. The request will have no impact on the capacity of streets, utilities, parks, schools, and other public facilities and senlices. 5 Case Alo. TUP- 12-01 / Stoneback EXHIBIT 1: AERIAL The subject property is outlined in yellow; the applicants occupy the northern portion of the duplex (3555 Kline Street) which is outlined in red. 6 Case No. TUP -12 -01 /Stoneback a I l uf 1:i #. I I sl a 173 t� ° ! Wt '.t :.t i Ms t ., it t to t ' #.i tt t # tt # i t • i .1t #. t . # . # .. EXHIBIT 3: SITE PHOTOS The following images were submitted by the applicant and show the fenced backyard of the subject lot. Pictures of fence lines we share with our neighbors. P to Uee 3 55 � K 1 t S e vl t S &, a aCl K /eNc S4. v Fence- be,twee. 3555 St. a,d 35 (,5 Klivi-e- SIE . io Case No. TUP -12 -01 /Stoneback 4 City of City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat Ridge, CO 80033-8001 P: 303,235.2846 F: 301235.2857 NIMUMM This is to inforrn you of Case No. TUP- 12-0 1, a request for a 3 O-day temporary use permit to allow more than 3 dogs on the property located at 3555 Kline Street and zoned Residential-Two (R-2). If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 pm. on April 25, 2012. www.cLwheatridge.co.us • PORTER DELANEY GILB ELISHA M 805 S HARLAN ST j __aLN A C �wlllll = lialwalmm A 7010 2780 0002 5833 7964 KLEDER CHARLES E 3510 LEE ST WHEAT RIDGE CO 80033 5643 HUNTER LAURICE JOAN 3530 LEE ST NEVILLE ALFRED R NEVILLE PATRICIA J 6662 E JACKSON CT HIGHLANDS RANCH CO 80130 7010 2780 0002 5833 8008 BEAR CLAW INVESTMENTS LLC 3695 KIPLING ST WEE-AT RIDGE CO 80033 5738 STANKOVIC HELEN 3626 KLINE ST WHEAT RIDGE CO 80033 5641 7010 2780 0002 5833 8060 4/j 1,�2- 4 Ism E r Mal SWUM Milk �l u C-1 9 0 4 Ism E r Mal SWUM Milk �l u C-1 39- 281 -11 -012 39- 281 -11 -011 39- 281 -11 -008 39- 281 -11 -007 39 -281 -11 -006 39- 281 -11 -013 39- 281 -12 -003 39- 281 -12 -018 39- 281 -1 -012 39 -281 -12 -013 39- 281 -12 -011 39- 281 -12 -015 I I ca CD 00 U (OOD co UCO) I co co City of WheatRtgge POSTING CERTIFICATION CASE NO. TUP -12 -01 DEADLINE FOR WRITTEN COMMENTS: April 25, 2012 I, l ornla n - 7�oma5 . aa) 2 (name) residing at 55. < q. (address) as the applicant for Case No. TUP -12 -01 Public Notice at hereby certify that I have posted the sign for 3555 Kline Street (location) on this 16 day of April, 2012, and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted to the Comm ity Development Department for this case and will be placed in the applicant's case file. .- 1 03_•40 LE ST o3 ' I MAP , . �. 03585 03530 '� ■ 03520 �.{ 03545 W � J 1` r •.. 03510 �j 03525 ti 10175 5 10125 %XN% T I 03895 OP, • :s a F� 35THAVE 10150 �• 10100 s * _] -10050 ,,,. ..,- 03898 03V i JJ /i 03885, �a 5T - 10085 03501 .� 35THAVE 10150 �• 10100 s * _] -10050 ,,,. • City of Wheat Ridge Municipal Building 7500 W. 29"' Ave. Wheat Ridge, CO 80033-8001 P: 303,235.2846 F: 303,235.2857 Pm ,?ccessory use in all residential and agricultural uses, NO Kennels are allowed in the following zone districts as a special use : A-1, A-2 and 1. No other of the zone districts If can receive an SUP to allow kennels. T I DT - Ms cannoT would constitute a use variance. www.ci.wheatridge.co.us Meredith Reckert From: Kenneth Johnstone Sent: Friday, March 30, 2012 8:25 AM To: Meredith Reckert Subject: FW: Kennel Licenses fl !I II Ken Johnstone, AJCP City of - wheat ComMuNrtv OrvttxwMvNT From: Carmen Beery [mailto:CBeery@mdkriaw.com] Sent: Thursday, March 29, 2012 5:57 PM To: Mary McKenna; Daniel Brennan; Joe Cassa; Kenneth Johnstone Cc: Gerald Dahl Subject: RE: Kennel Licenses pan W7,T7117"n Flom init 17.1ty i itation orT the number of dogs they could keep in their home. Mary asked for our guidance in interpreting Code Section 4-34 cR ncerning kennel licensing. There are two regulatory issues at play here, animals and zoning. Below is a summary of * seek relief: t The answer to Mary's question below is therefore yes - the Chief, after recommendation from the Commission, may consider a variance from the maximum number of animals permitted under Code Sec. 4-34(a) from a person who does not (and will not) have a kennel license. The Chief the Chief to approve a variance from the land use requirements of Chapter 26. This couple must also obtain approval to put their property to this use under Chapter 26, The use schedule set forth in Sec. 26-204 expressly authorizes, as an accessory use in residential districts, "Household pets, limited to no more than 3 dogs and 4 cats." Sec. 26-204.A. provides that uses not expressly permitted or allowed .?s special or accessory uses are deemed to be excluded. The keeping of 4+ dogs and 5+ cats is therefore a prohibited use in residential districts. The Code prohibits the issuance of variances that would authorize prohibited uses. Sec, 26- 115.C. The traditional zoning variance process is therefore unavailable to these applicants. As always, let us know if we can assist you as this process moves forward. We are happy to help draft letters to the applicants, findings and decisions on their respective applications or to provide guidance on the process. Certainly let me know if you have questions or concerns about the above. 'This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notiA me immediately by telephone or e-mail and destroy the original message without making a copy. Thank you. # It . a N a F To- Carmen Beery Subject FW: Kennel Licenses Could you clarify something in the kennel license code 4-34, for us? Chief Brennan, Joe Cassa and I had a discussion on the interpretation of 4-34 "The Animal Welfare and Control Commission shall have the authority to conduct a hearing to consider whether to recommend that the chief of police grant a variance to subsection (a) above as to the number of animals permitted and the commission shall inform the chief of police of its decision. The question we have is, can someone apply for variance to the Chief and Animal Commission regarding the number of dogs they can keep without applying for a kennel license? U�� 12 ri - , Wheal Ridge Police Case Number 7500 W. 29th A,ve. WHEAT RIDGE POLICE DEPARTMENT � �. t l t� � � � Wheat Ridge CO,80033 INCLUSIVE CASE REPORT Date "T ' Page 1 of 6 Report Title 4- AN IMAL DISTURBANCE (M) Report DatelTime 10/14/2011 11:19:21 AM Occurred On or Between DatelTime 10/14 10:49.39 AM - Incident Location 3555 KLINE ST Apt City WHEAT RIDGE State CO Name IBusiness Case Clearance Case Clearance Date Offense Offense Code 4 - 9 Offense ANIMAL: CREATING A DISTURBANCE OR NUISANCE CSA Location RESIDENCE /HOMis Offense Clearance OPEN Offense Code 4 -1C1 Offense ANIMAL: RABIES CONTROL CSA Location RESIDENCE /HOME Offense Clearance OPEN Offense Code 4 Offense ANIMAL: DOG AND CAT LICENSES CSA Location RESIDENCE /HOME Offense Clearance OPEN Offense Code 4 - 34 Offense ANIMAL: KENNEL LICENSES CSA Location RESIDENCE /HOME Offense Clearance OPEN Person Person Type SUSPECT Name Type LEGAL. Last ISABELLA First MARIE Middle Address Type `TOME Address 3555 KLINE ST Apartment City WHEAT RIDGE State COLORADO Zip 80033 Phone DOB Age at Incident Sex FEMALE Race Height Weight Hair Color Eye Color Driver License State Person Type SUSPECT Name Type LEGAL Last STONEBACK First NORMAN Middle T Address Type HOME Address 3555 KL I N E ST Apartment Ci t y WHEAT RIDGE State COLORADO Zip 80033 Phone (720 )331 -328 DOB Age at Incident 65 Sex MALE Race Height Weight Hair Color Eye Color Driver License State Re porting Officer P SCHROEDER Repo Su pervisor •. DatePrinted 03/27/2012 Time Printed 09: 09: 19 page 1 Of 6 Name Type LEGAL Last STONEBACK Person Type COMPLAINANT First NORMAN Middle THOMAS Name Type LEGAL Last SCHIEWE First MIKE Address Type HOME — Address 3580 LEE ST — Apartment _ City WHEAT RIDGE State COLORADO zip 80033 Phone (303)513-8222 DOB 1 111,111111111111, Age at Incident - Sex MALE Race Height_ Weight Hair Color Eye Color Driver License State Narrative[Summary Narrative - IR Attachment: Warning Notice CR#11-10887 Reporting Officer P SCHROEDER Report Date 10/14/2011 Supervisor Review M MCKENNA Review Date 10/16/2011 Date Printed 03/27/2012 Time Printed 0 9: 0 9: 20 page 2 of t;ase AUrm)er 7500 W, 29th Ave, WHEAT RIDGE POLICE DEPARTMENT 20111088 7 Wheat Ridge 1 1 III III II III !1,2 Date 03/27/2 0 COMM INCLUSIVE CASE REPORT Page 3 of 6 <"Chelsea Louse", spayed Schnauzer, Lic.#54717, issued 04/27/11, owner Stoneback < "Sheldon", male Schnauzer, Lic.#54714, issued 04/27/11, owner isabella < "Spencer", male Schnauzer, Lic.#54715, issued 04/27/11, owner Isabella < "Emma Ann", spayed Schnauzer, Lic,#54716, issued 04/27/11, owner. Isabella < "Fitz", male Schnauzer, Lic.#62418, issued 12/02/10, owner Isabella < "Sheena", spayed tricolor Sheltie, Lic.#62419, issued 12/02/10, owner Isabella < All six dogs were licensed and listed to the duplex residence at 3555 Kline Street I thoroughly explained the city ordinance regarding barking dog nuisances and suggested Stoneback heed the warning and talk with surrounding neighbors regarding the matter. I also suggested bark collars and additional training for proactive measures. I mentioned the limit of three adult dogs per single family residence. Stoneback reported he may apply for a kennel license. 1. later received a do from another neighbor regarding total numbers of dogs at the entire duplex. Two additional dogs (reportedly a Golden Retriever, German Pointer) were occupants to 3545 Kline Street, south side of same duplex. Follow up to continue. Recheck Date: 102211 Submitted by P. Schroeder 05-3CS Recheck Date: 121211, Reporting Officer P SCHROEDER ReportDate 10/14/2011 Supervisor Review M MCKENNA ReviewDate 10/16/2011 Date Printed 03/27/2012 Time Printed 09: 09: 20 Page 3 of —6 Case Number 201110887 7500W. 29thAve. WHEAT RIDGE POLICE DEPARTMENT C0.80033 Date 03/27/2012 INCLUSIVE CASE REPORT Submitted by P. Schroeder 05-3CS Narrative - Supplemental 2 On 120811 at approximately 1315 hours, I made direct contact with Marie Isabella, the occupant at 3555 Kline Street while attending to another code response on Kline Street. Marie stopped and asked had I received any nuisance barking dog complaints the previous day against her residence. I told Marie I was not aware of any at this time. Marie reported the following: < On 120811 at between approximately 1530 hours and 2030 hours, her home carbon monoxide detectors sounded twice throughout the residence < Due to the high pitched siren, the resident dogs barked and windows were opened < Marie stated she had officials test her furnace but no leaks were found, that the detector was apparently faulty < Marie was concerned for the possible nuisance and had been diligent recently regarding nuisance barking Marie reported she was phone contacted by Officer L. Coddington regarding a future home kennel. inspection if approved. I then offered to check the dogs and surrounding interior environment but Marie declined, stating she was late for a medical appointment and departed the area. Nothing further. Submitted by P. Schroeder 05-3CS I asked to see the records for the dogs. Marie stated she did not have the paperwork, she left it with her vet Dr Howard. I asked Marie if she was breeding Reporting Officer P SCHROEDER ReportDate 110/14/2011 Supervisor Review M MCKENNA ReviewDate 10/16/2011 Date Printed 03/27/2012 Time Printed 09: 09. 20 Page 4 of 6 Case Number 7500 W, 29th Ave. i� 201110887 i WHEAT RIDGE POLICE DEPARTMENT Wheat Ridge Date 03/27/2012 1 CO,80033 INCLUSIVE CASE REPORT the dogs. Marie stated she was not. I told Marie she must have a file for each of the dogs on site. Marie stated she was taking three of the dogs to the vet later in the day and would ask for all of the paperwork. I told Marie I would return next week to look at the paperwork. On 1.2/1612011 at approximately 1250 1 responded to 3555 Kline St. Upon arrival I contacted Marie. I asked to see the records for each of the dogs. Marie provided 6 files, one for each dog. I explained the next step to Marie, Marie stated she understood. I told Marie she must apply for a PACFA license. Marie stated she would. Marie stated they were moving out of stated at the end of June. Marie stated if she was unable to get the kennel. license she would move sooner. I handed a copy of 4-34 Kennel License to Marie. Submitted By: L Coddington 0 2C Submitted By: L Coddington 052CS Narrative Supplemental 5 Attachment Summons #M-22393 On 01113/2012 1 received a massage from S2 Marie Isabella. Marie stated she had spoken with Lisa Gibson with the state and was told they were ineligible for a PACFA license. Marie stated she was told they would not licenses kennels with less than 15 dogs. I had not received a return call from Marie so I contacted her. on 01/27/2012 at 0814. 1 asked Marie why she hod not contacted me. Marie stated she did not know. I asked Marie if she was able to find housing for three of the dogs. Marie stated she did not. Marie stated she was not going to leave the state until her sons Reporting officer P SCHROEDER ReportDate 10/14/2011 Supervisor Review M MCKENNA ReviewDate 10/16/2011 Date Printed 03/27/2012 Time Printed 0 9: 09: 20 Page 5 of 6 Case Number 19F ;hA I T50j "29thAve. H WHEAT RIDGE POLICE DEPARTMENT 201110887 Wheat Ridge Data 03/27/2012 co 33 INCLUSIVE CASE REPORT I Page 6 of 6 graduated from school. I told Marie I would be issuing a summons. Marie stated she understood. Marie asked why the chief of police could not give her a kennel license. I told Marie she must obtain a PACFA license before it could go before the animal welfare commission or the chief. Marie stated she understood. I asked Marie when she would be home. Marie stated she would be gone after noon today but would be home tomorrow. I told Marie I would respond on Saturday (01/28/2012) to issue the summons. Marie stated she understood. on 01/28/2012 at approximately 1039 1 responded to 3555 Kline St. Upon arrival I contact a juvenile male. The male stated his parents had taken his sister to the urgent care unit because she was sick. I handed the male one of my cards and asked to have his parents contact me when they returned. The male stated he would. At approximately 1115 1 received a telephone call from Al Norman "Norm" Stoneback. Norm stated his wife did not think about calling me before they went to the hospital. Norm stated his son had called him, the doctor was still trying to figure out what was wrong with his daughter so he came home. Norm stated he was at home and asked if I could return to his residence. I told Norm I was out taking calls and asked if he could meet me at the police department. Norm stated he would. At approximately 1130 1 responded to the lobby of the police department and met with Norm. I issued a Summons # M-22393 to Al Norman Stoneback for 4-34 Kennel' Licenses (3 counts). I handed the summons to Norm and explained the violation. Norm stated he understood. Court Date: 03/01/2012 Submitted By: L Coddington 052CS Reporting Officer P SCHROEDER ReportDate 10/14/2011, Supervisor Review M MCKENNA ReviewDate 10/16/2011 Date Printed 03/27/2012 Time Printed 09: 09: 20 Page 6 of 6 Case Number 200902706 750OW, 29thAve, WHEAT RIDGE POLICE DEPARTMENT Wheat Ridge M80033 ASE ii 03/30/2012 INCLUSIVE C REOT ReportTitle 4-9 ANIMAL DISTURBANCE (M) ReportDaterrime 03/2012009 3:00:18 PM Occurred On or Between DatefTIme 03/20/2009 2:59:57 PM - Incident Location 3555 KLINE ST — Apt — City WHEAT RIDGE State CO , T= Reporting Officer L BACKUS Report Date 03/20/2009 Supervisor Review P SCHROEDER Review Date 03/26/2009 Date Printed 0313012012 Time Printed 14 :23: 11 Page 1 Of 4 200902706 j, WHEAT RIDGE POLICE DEPARTMENT Wheat Ri dge CO,80033 Date 03/30/2012 INCLUSIVE CASE REPORT Person Type COMPLAINANT Name Type LEGAL Last KLEDER First CHUCK Middle Address Type HOME Address 3510 LEE ST Apartment City WHEAT' RIDGE State COLORADO Zip Phone (303)463-5263 Address Type HOME Address 3510 LEE ST Apartment City WHEAT RIDGE State COLORADO zip80033 Phone (303) 997-6346 Age at Incident 57 sex MALE RaceWBITE Height_ Weight 4air Color Eye Color Driver License State COLORADO Narrative/Summary At approximately 1459 1 responded to 3555 Kline St. Upon arrival I contacted Sl Marie Stoneback. Marie stated she has three dogs. Marie stated they are all small dogs. Marie stated her dogs were current on their rabies and their county dog Licenses. I explained to Marie I received a complaint about her dogs barking. I asked to see the dogs. As I was waiting for Marie to bring the dogs outside I received an emergency call for a vicious dog. I informed Marie I would return on 03121/2009, Marie stated she understood. Submitted By: L Backus 05-2CS Narrative - Supplemental I On 032409 at approximately 1130 hours, I reconnected by phone with S1. Marie Stoneback regarding a domestic dog issue. Stoneback admitted she did not know how to use the voice message system to retrieve left messages and therefore did not receive my previous day's message. Stoneback reported the following: She had six dogs at the single-family residence (a Toy Shelty, a male and female Schnauzer with three one year old "puppies") at 3555 Kline Street. She had recently moved from Pennsylvania and was not aware of municipal restrictions on dogs (3) or cats (4). She had breeders papers but was not intending to breed dogs. Reporting Officer L BACKUS ReportDate 03/20/2009 Supervisor Review P SCHROEDER ReviewDate 03/26/2009 Date Printed 03/30/2012 Time Printed 14: 23: 12 Page 2 of 4 Case Number 7500 W. 29th Ave. 200902706 I WHEAT RIDGE POLICE DEPARTMENT Wheat Ridge CO,80033 Date I CI Ol INCLUSIVE CASE REPORT She insisted on applying for a kennel license with the Animal Welfare Commission. She asked for information on the complainant. I told Stoneback Officer Backus would need additional follow up information regarding the matter initially addressed on 032009. 1 also told Stoneback residential. zoning ordinances may deny an ordinance exemption in the matter of a kennel license. Nothing further. Submitted by P. Schroeder 05-3CS Narrative - Supplemental 2 On 03/25/2009 1 spoke with Sl Marie Stoneback via telephone. Marie stated she had all of the county dog licenses for her dogs. Marie stated she was not able to locate the old licenses in the boxes from the move. Marie stated she went to Jefferson County and obtained the numbers for the old licenses and new licenses for the dogs that did not have them. Marie stated they are as follows: Miniature Schnauzer #054714 - Sheldon #054515 - (Frederick) Spencer #054716 - Emma #054717 - Chelsea #046136 - Pits Miniature Shelty #046137 - Tina At approximately 1.545 1 responded to 3555 Kline St. Upon arrival I contacted S2 Norm Stoneback. I handed the application for a Kennel License to Norm. Norm stated he would like to talk to the person that complained. I explained to Norm I would complete a referral for mediation. Norm stated he understood. I completed a Mediation Case Referral form as requested. I mailed the referral and the reports to Jefferson County Mediation Services. Submitted By: L Backus 05-2CS Reporting officer L BACKUS ReportDate 03/20/2009 Supervisor Review P SCHROEDER ReviewDate 03/26/2009 Date Printed 03/30/2012 Time Printed 14 :23: 12 page 3 of 4 - - --------- -- -- Case Number 200902706 WHEAT RIDGE POLICE DEPARTMENT M033 te 03/ 80 Da 30/2012 INCLUSIVE CASE REPORT Narrative - Supplemental 3 On 04/24/2009 1 received a letter from Jefferson County Mediation Services. The letter stated a mediation officer had spoke with two of the dog owners in the area. S1 Marie Stoneback and Julia Page stated they would be willing to go to mediation. The Cl Chuck Kleder was not willing to go to mediation. Nothing further. Submitted By: L Backus 052CS Reporting officer L BACKUS ReportDate 03/20/2009 Supervisor Review P SCHROEDER Reviewoate 03/26/2009 Date Printed 03/30/2012 TimePrinted . 14:23:12 page 4 of 4 � A City of ]�qrWh6atP LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29 h Avenue # Wheat Ridge, CO M33 * Phone (303) 235-2W (Please print or type all information) Contact Address Phone City....... State Zip_ Fax (Thc person listed as contact witl be contacted to answer questions regarding thism,-plication, vide additional information when aecmsar�* post public hearing signs, wilt receive a copy of dicstaff report prior to Public Hewing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) i !I I 1 10 rkg ' u rf *1161hay'lg ti Ift 1Uj11'11Q1T4!1hXf 114rig0firdLyff 0 Change of zone or zone conditions 0 Special Use Permit C3 Subdivision: Minor (5 lots or less) C1 Consolidation Plat 0 Conditional Use Permit Cl Subdivision: Major (More than 5 lots) 0 Flood Plain Special Exception 0 Site Plan approval Temporary Use, Building, Sign 0 Lot Line Adjustment 0 Concept Plan approval �Variance/Waiver (from Section C1 Planned Building Grou1 0 Right of Way Vacation Chief of Police Listed below am the reasons feel « that I « 4 be granted the Variance and the Temporary Use Permit. Much of what is mentioned ? also contained read a§ I could accept someone complaining that my dogs were a nuisance, which I do not believe they are. When they are let outside someone is always there to make certain they do not bark and if they do, to quiet them and/or bring them in. We do not want our dogs to be a nuisance to anyone. Do they bark a from time to time, Yes, but it is never a constant barking. 7.) Paperwork showing that our landlords own the property. I i 6* � L-IoN wanting to go back in the house. I hope that I am allowed the Variance and Temporary Use Permit so that I will be able to do everything in a timely manner. Wheat Ridge, O 80033 City COUIICiI (Speech given at Council meeting) We moved to Wheat Ridge over 3 years ago and until fairly recently were unaware of the law stating that there could only be three dogs at a family residence. We found this out because someone mentioned to Animal Control that there could be more than 3 dogs at my residence. Animal control came out and asked how many dogs lived at the residence and I told her 6. This is when I found out about the law. They are part of our family; they're like children to us. Just like children we have birthday parties for them and get them presents on Christmas, Like I said; they are part of our family. They are the boys and the girls not the dogs. They all have separate personalities and were named the same as any other child, Fitz, Chelsea Louise, Sheena, Sheldon, Spencer, and Emma Ann. We are now in the process of drafting a letter to the Chief of Police asking for an exception to the rule asking for paper work from the State prior to issuing a kennel license and we are checking with the State on getting a Breeders license. We don't w more dogs; we just want to be able to keep those we have. I I could accept someone complaining that my dogs were a nuisance, which I don't believe they are. When they are let outside someone is always there to make certain they don't bark and if they do, to quiet them and/or bring them in. We don't want our dogs to be a nuisance to anyone. Do they bark a from time to time, Yes, but it is never a constant barking. When you look at their pictures realize that they like it more inside than outside. Even when I stand outside with them they seldom do more that do their business before wanting to go back in the house. That's about all I have to say other than saying that I hope you can help me find a solution to this. nr 6 Parcel ID. 39-281-11-012 Staters. Active Property T ype : Residential a Property ci ss: 03545 KUNE ST y�p� p j pµy�y g ) WH T R$'DG j� "�3„ VYiA '$ 74A L.+b�da CO %w�# 4k4$La«7a.8 1610 FI $ 9nt$Ti 0.�F1E 9.A GO LDEN CO 80402 KING CAROL L 711170 ON ** PROPERTY C Subdivision Name: 773400 - VA As�ssc�r Parr+i maps Associated avith trdsai INVENT I 1 14; r M PM IM = n ai •* Im Num ♦ a tion � �I�I IUI Ill�l��lllly�f �� i� u�or mnq � n will �� iw u ,2011 Mill Levy Information AI IA � As�ssc�r Parr+i maps Associated avith trdsai INVENT I 1 14; r M PM IM = n ai •* Im Num .* e ♦ a x " Deia I For Year � �I�I IUI Ill�l��lllly�f �� i� u�or mnq � n will �� iw u .* e IN 11 1 Payable 2012 x " Deia I For Year , ,2011 Mill Levy Information " � x Tro ow Mori I am writing this letter in regard to my renters Norm and Marie Stoneback who are ap- plying for a ninety day extension before they have to move from my property. I have been asked to give my permission for them to keep the dogs there until they have to leave. We have no problem with the dogs being there. The Stonebacks have been the best renters I have ever had. They pay the rent on time and have taken excellent care • the property. fw 1 turn My pr9p erry. 3555 N �treet. I have been asked to ' give my permission for them to keep the dogs there un they have to leave. We have no problem with the dogs being there. ii'll The Stonebacks have been the best renters I have ever had. They pay the rent on time and have taken excellent care of the property. # 3MM 3M ALAMEDA LAW • w. They are the owners of six incredibly nice and obedient dogs. Sharin a back yard with Marie and Norm gives us direct interaction with their dogs, and there has never been a problem. As dog owners ourselves we understand that having animals is a big responsibility. The dedication that Marie and Norm devote to their animals is impressive because the amount of dogs they have. All the dogs are well cared for and never cause any issues. The Stone backs, are one big happy family, and to take away part of that would be wrong. UvIng so close to the Stonebac s gives us time to interact with th every day. These dogs are not aggressive or cause anyone harm. By removing any of the dogs you would be making a bid mistake. We feel that these dos are a part of the family and deserve to stay with Marie and Norm. We hope you can find it in your heart to make the right decision. llo ,3z . I? 6 35a6 1-te- , e hulianne 1 ge 3';65 Kline Street NNInea", Ridge,, Colorado 8 -1 20 89 1 7346 Ib Whom It.%lay Concern, I arn xvriting i r regard to rn� neig �. Nonm atidl Nlarie S rhey are good neighbors and have never been a problem sj,,,�er wiffi no or with activity, I W share a t' nce along our propertN lines Mine is to the tiorflh and they are south of nrie Our yards are separated by a chain linkfence TIney hcive dogs and I ! eogs 'The S'onebaCk's dous have ne ',beel a proNeim, duril-ng thei, nkext door. I have seen thern take -ot a ritzisa nx an t J o be respo siNe pet owners, rheyoniv good care add see that their J(%4s U-C afllow their G'OgS 0-LUSide dU7;cL`wak, hotvrs i,7arr to I 0-n-1) and thev encourau,& their animals to fie good quiet cinizens, The Citv Councill should be ene�,, to afl()w these great peopleto stay in their residence at 3555 - to - Mine Street teni.porarily Phe'r, dlo&i are m:n a bo, nre or others and the Stonebacks are great neiuhbors sincelelv� Jdia ne Pa(.,,e E U�� Noose 64-16 �acd pkoz - Pcc - : litl, S+- . RL d le Cn Wl 0 0 CIO E 0 0 1 tko -4 C ail F; 0 0 w tio O IOSOD b 0 tD kD 0 0 0 C uj fn !le ;mt a) 00 (U s � i 1 ig" �7 t. lk �t , �: W4, t R �1 s � i 1 ig" �7 t. lk �t , �: W4, t R Pictures of fence lines we share with our neighbors. Fe-ne.c- (OuLu 355 K 1 tae- SL- 3 6 aO Lee- S-6 , I Fc ►Ic e- b' t"e e vz 3 S S S K 1 0 -e S 6, ct �e1 ali 3 y5 K / I nJ e- s4- 355T K (t n-C St. O 35 (, 5 Klcvn -e S� . OVERPOPULATION Pet overpopulation is a serious problem. It costs the lives of millions of pets and costs communities millions of dollars a year. Nationwide, the number of pets entering animal shelters is estimated to be 6 to 8 million. Only about 30 percent of dogs and 2 — 5 percent of cats are reclaimed by owners. Only about half of those remaining are adopted to new homes. The number of pets euthanized in shelters across the country is 3 to 4 million. (Estimates provided by The Humane Society of the United States.) In Colorado alone, 166,153 cats and dogs entered shelters and rescue groups in 2009. In the metro - Denver area, 62,890 were received at 10 shelters. Seventy -five percent of these pets were placed in homes or reunited with owners, but 17,712 were euthanized (10,320 cats; 7,392 dogs). If you force us to place our babies in the system, what are their chances? We provide them with a wonderful home with love! Please do not force us to make them another statistic. Fitzsimmons Shelton Schmitz (Fitz) Born: October 30, 2004 Mr. Fitz, we got him from a pet store January 6, 2006, and he was such a cute little puppy how could we say no? Well, had we said no he would have died less than a day later, what we found out was that he had pneumonia and it wouldn't have been treated by the store. So, we rushed him to the vet, and he had to stay 3 nights getting high doses of antibiotics. He got better, to a degree, only one of his lungs works at full capacity. Fitz loves to play games, and he is more independent than the other dogs. Sometimes he'll go sun himself alone for a bit, only to be disturbed by one of the others. They love to get on his nerves, so he has the threatening growl down, but would never bite anyone. In fact, when we put him in training, during one of the social events where you unleash your dog, he didn't see other dogs; he went right to other people. Fitz has had many of his teeth taken out, so even if he wanted to bite someone, he would sooner gum them to death than anything else. Chelsea Louise Schmitz Born: June 30, 2005 Chelsea, the biggest of our Miniature Schnauzers. She is on a diet to lose a few pounds. She is the first one to go for toys. She will get a squeaker and just abuse the heck out of it, but she loves to play, so it usually is only a couple of minutes before she ropes someone else into playing with her. Chelsea Lou loves to sleep at the bottom of our bed. She loves attention, and will even nudge your arm until you give her attention. And she will let YOU know when you are done. She gives so much love. Sheena Leigh of Silver Lake Born: October 17, 2005 Sheena is the odd one out. She showed up after a trip to Southwest Plaza's pet store. It was April 2, 2006; she was in a bin with other dogs that were marked down in price because of their age. She was so cute and gave me a look of "please, just pick me up ". I did and instantly feel in love with her. She gave me a big kiss on my cheek. She was a little expensive, but due to her age and me talking with the Manager, I got her.. She is the black Sheltie as you see in the pictures you have. She also loves to play with toys, but more so with the others. She can be incredibly vocal, and you'll know it's her because she doesn't have the high pitched bark the others have. Emma Ann Schmitz Born: October 30, 2007 She is our smallest. She was not growing like her brothers. We took her to the vet and the diagnosis was that she had Mega- esophagus. This means that the muscles in her throat never developed. The solution was that we have to prop her up on our laps like a baby to feed her. She has become use to it and will run at the person who has her red bowl. Emma is fierce, she may be the runt, but she'll get up on her brothers' shoulders and start trying to play with them. She'll go for their throats (all in play of course) or anything else to get their attention. It's funny to watch because, the instant they decide enough is enough, she's on the defensive. They can easily flip her on her back and nip at her for revenge.She also likes to talk back to you when you tell her to be quiet or tell her she has done something wrong. She will walk away from you while you are talking and stop, turn just her head, say something and keep walking, this will continue until you stop talking and she always has to have the last word. Emma Ann always sleeps in front of me in bed. When it is cold, she likes to be covered up. Frederick Spencer Schmitz "Spencer" Born: October 30, 2007 Frederick Spence was named after my father. My parents have 26 grandchildren, 19 are boys and not one is named after him. So, I gave the honor to one of my puppies. We call him Spencer instead of Fred or Frederick, because it just would not be right yelling my father's name if he did something wrong. Spencer is a solid wall of muscle. A brick wall if you will. Trying to get him to do something is fairly easy most of the time, but if he feels like playing dead weight, he becomes dead weight. He's a big goofball, and he loves to play with toys, but would rather attack his sister most of the time. He's one of the twins, the other being Sheldon. It's easy to tell them apart because of the way their ears fall, and the way their hair lays all over their bodies. Sheldon Fitzsimmons Schmitz Born: October 30, 2007 He's the most serious of the bunch. He'll play with toys, but he would rather lounge around and help type on a laptop. He's become quite adept at using the caps lock key, and even now typing this out he's done it a couple of times. He's a protector of the house, and is the first to verify someone isn't here to hurt anyone. If Sheldon approves, by way to a sniff and walks away, you're in and the rest will more than likely leave you alone. He's the other twin, and his ears droop down while Spencer's do not. He also loves lots and lots of attention. He will lay his head beside me on my pillow. He follows me around all day. Usually sitting next to me on the couch. He likes to play with toys and will challenge his brother for a toy. He usually just lets Spence have the toy. Other things to consider: -They each have their own food bowls. We monitor the amount of food each of them gets. A few need to lose a couple pounds. -They each have their own bed or place to lie that is when they're not on the couch with someone. Or sleeping in our room. - Telling us that we must give any of them up is tantamount to telling someone to give up a family member. i t s. 0. 7.ZUU7 r �.,;, Case No. I Date Received f Related Cases Case Planner ; , Mikulak Case Description =TUP to allow' more than 3 dogs ....... .......... Name `Norman T. Stoneback Name --------- Phone '(720) 381-0286 Address City ............. State Zi Wheat Ridge 0 P .. .. ...... . . .... 90Aff IA&MAOMM Name iGary & Carol King Name Phone j 303 278 -6419 Address P.O. Box 16103 City _ State Golden Iff Zip 180401 - ... ....... InAwwahiw? .. . ............... Name . .......... Name ........... . Phone ' Address city . . ..... . . . ... . . . ....... . .... ... ........... ... State r Zip ... .... .... CITY OF WHEAT RIDGE 64113/12 3:24 PM edba NORMAN T. STONEDACK