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Wyoming council approves interim permit allowing up to six dogs at 24567 Elm Crest Avenue with conditions

Wyoming City Council · August 7, 2024
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Summary

After extended public comment and questioning, the Wyoming City Council voted to approve an interim conditional-use permit authorizing up to six dogs at 24567 Elm Crest Avenue (applicant Alexander Caballin). Approval carries 11 planning-commission conditions plus added screening and a requirement to remove wire atop the fence.

The Wyoming City Council voted to approve an interim conditional-use permit for a residential kennel at 24567 Elm Crest Avenue, authorizing up to six dogs for owner Alexander Caballin. The motion, moved by Member Schilling and seconded by Member Lugar, passed on roll call after public testimony and detailed council questioning.

Neighbors spoke at length in opposition, citing safety concerns for children and guests, noise and quality-of-life impacts, and harm to wildlife caused by a six-foot chain-link fence. Dean Kubachek, whose property abuts the applicant’s, said he had seen dogs dig under a temporary fence and worried about his daughter's safety. Haley Morin raised both safety and environmental concerns, saying the fence had altered wildlife movement. Brennan Wale asked whether the applicant had complied with rules at a prior residence and noted the wire atop the fence had not yet been removed.

The applicant, Alexander Caballin, told council he had acquired dogs partly through an unexpected litter and that some animals are still puppies; he said several dogs are being trained by a local trainer (Top Dog Training LLC) and that vaccination records are held by a New Brighton veterinarian and can be provided. Caballin acknowledged using a temporary chicken-wire fence earlier, said the chain-link fence is in place now, and told council his contractor is scheduled to remove the unbarbed wire placed on top of the fence.

Planning staff summarized the application and noted the property is zoned agricultural, where the city’s animal-unit rules allow a wide range of agricultural animals. Under city rules, possessing more than three dogs requires a kennel permit; the applicant asked for permission to keep up to six. Staff said the planning commission recommended approval with 11 conditions, and added the planning staff recommended that slats or vegetation be installed to screen the chain-link fence so neighboring yards would have reduced direct sight lines.

City Attorney Lunan advised council that, acting in a quasi-judicial capacity, they must apply 13 adopted criteria (noted in the staff packet) and make findings of fact to support approval or denial. Council members discussed enforcement tools — including revocation of the permit if conditions are not met — and agreed to include the screening requirement and a numeric cap on dogs in the permit language. During final roll call, Member Yeager voted Nay; Members Schilling, Anstead and Lugar voted Aye; the mayor cast a yes vote, and the motion carried.

The action approved the interim conditional-use permit subject to the planning-commission conditions, installation of screening (slats or vegetation) on the chain-link fence, and removal of the unbarbed wire on top of the fence. Council directed staff to monitor compliance and indicated the permit could be revoked if conditions are violated.

The council recessed after completing the vote and proceeded to brief council reports.