Stearns County Planning Commission reconvened Wednesday at Lynden Township for deliberations and to make a recommendation to the township board in the potential revocation of Tails of Gold owner Valorie LaBeau’s conditional use permit to operate a commercial kennel.

 

Before deliberations began, Township attorney Michael Couri turned over a report that had been received from building inspector Nancy Scott after the initial public hearing on Jan. 25. In it, she detailed her findings, options available to the township and her recommendation.

 

LaBeau’s attorney, Michael Moline, stated there were a number of problems with the report, including an incorrect citation, Ms. Scott not being qualified to give legal advice, and her including recommendations, not findings. 

 

He pointed out revocation carries litigation risk and cost for both parties. 

 

“The only people who will win are the lawyers.” Moline said.

 

In regards to the mobile home he said LaBeau could use other facilities if necessary, although it would be difficult and not as successful. He proposed the resolution that would meet the needs of the township, the state, and LaBeau would surrender the title of the mobile home so it would no longer be considered habitable, and then developing a conditional use permit which would better match everyone’s needs.

 

Chairperson Brian Nickolauson passed the chair over to Gary Stange, as he was not able to attend the public hearing on Jan. 25. He stated he would participate in deliberations but refrain from voting.

 

The planning commission determined that a violation of the conditional use permit had occurred, specifically in regards to the use of the mobile home, and conveyed they were aware LaBeau had run her business for a number of years without a conditional use permit prior to her request for one. 

 

Commission member Jeff Westrum restated although LaBeau had been given a 30-day notice to fix the violations, on Jan. 19 she was still willfully violating her conditional use permit by continuing to house dogs in the mobile home. 

 

“My biggest concern is that she didn’t try to fix this situation,” said Westrum. “Even though in 2007 she was told she couldn’t use the mobile home.”

 

Nickolauson said LaBeau had agreed to the conditional use permit and clearly there were multiple issues.

 

“I think the ordinance was written fairly,” he said. “I think the conditional use permit was written fairly. I don’t think they need to be modified.”

 

He added, “Having been a part of many county issues, I’ve seen that people violate until they’re caught. She’s choosing not to cooperate.”

 

Couri informed the planning commission the township had passed a one-year moratorium on granting new conditional use permits for dog kennels at their meeting Feb. 1. If a decision to revoke was made, LaBeau wouldn’t be able to reapply for one year or until the township modified their conditional use permits for kennels and had their new ordinance in place, whichever was sooner.

 

Westrum moved the planning commission make a recommendation to revoke LaBeau’s conditional use permit, and further direct the township board to allow the dogs to be placed elsewhere in an orderly fashion. The motion passed three to one. 

 

Couri said the recommendation would be given to the township board for consideration. The board has 60 days to make a decision.

 

Note of clarification: In the Jan. 30 feature on the Lynden Township public hearing, the number of dogs allowed under their conditional use permit was published as 45 at one point and 15 at another. The correct number is 45.