BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

RESOLUTION NO. 07-012   

A RESOLUTION DENYING SPECIAL USE PERMIT APPLICATION #0701-700 (RADIG) FOR THE OPERATION OF A DOG BREEDING/KENNEL OPERATION IN A “R-E” RESIDENTIAL ESTATE ZONE

            WHEREAS, Franklin County, Kansas is a county municipal government, organized pursuant to K.S.A. 19-101; and

            WHEREAS, The Franklin County Board of County Commissioners did adopt Resolution # 23-91 creating the Franklin County Planning Commission as provided in K.S.A. 12-744; and

            WHEREAS, the Franklin County Planning Commission did publish notice on January 24^th, 2007, that public hearing would be held to consider Special Use Permit application #0701-700 (Radig) as required by K.S.A. 12-757 and Article 17, Section 17-3.01 of the Franklin County Zoning Regulations; and

            WHEREAS, the Planning Commission did on February 15^th, 2007 hold a public hearing for the consideration of Special Use Permit Application #0701-700 (Radig) to operate a dog breeding/kennel operation; and

WHEREAS, the Planning Commission, after reviewing and considering all reports and testimonies did, by a unanimous vote of those present, denied said Special Use Permit based on certain findings; and

            WHEREAS, the Board of County Commissioners of Franklin County, after duly reviewing the recommendation of the Planning Commission together with all public comments for and against said Special Use Permit finds:

1.      That the location of the proposed dog breeding/kennel operation is in an area in transition from agricultural uses to an area being developed for residential purposes and as proposed would be too close to adjacent residential development.

2.      That the dog kennel/breeding operation would unduly affect the character of the surrounding community.

3.      That the dog kennel/breeding operation would impact property values of the surrounding properties.

4.      That the findings necessary to approve a dog kennel/breeding operation cannot be made and therefore would not be consistent with the intent of Section 4-3.01 of the County Zoning Regulations.

5.      That approval of a Special Use Permit for the operation of a dog kennel/breeding operation would not further nor enhance the objectives and policies of the Franklin County Comprehensive Plan.

NOW, THEREFORE, Be It Resolved, that the Franklin County Board of County Commissioners does hereby deny Special Use Permit Application #0701-700 (Radig) to permit the operation of a dog kennel/breeding operation in an “R-E” Residential Estate Zone.

PASSED AND ADOPTED by the Franklin County Board of County Commissioners this 7^th day of March 2007.  This action shall become effective upon publication in the official county newspaper.

          /s/ Karen S. Farrell                                                                          Absent

            Karen S. Farrell                                                                        John E. Taylor                                  Commissioner District 1                                                                Commissioner District 2                              

            /s/ Roy C. Dunn                                                                      /s/ Donald C. Hay          

Roy C. Dunn                                                                            Donald C. Hay

     Commissioner District 3                                                            Commissioner District 4

        /s/ Donald R. Stottlemire

                   Donald R. Stottlemire

    Commissioner District 5

Received and recorded this the 7^th day of March 2007.

                                                                                                                        /s/ Shari Perry

 Shari Perry

                                                                                                                        County Clerk