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Ely board approves dog park at Old Airport Road with conditions

City of Ely Planning and Zoning Commission Board of Adjustment · February 19, 2025
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Summary

After public comment and staff analysis, the City of Ely Planning and Zoning Commission Board of Adjustment approved a Conditional Use Permit for a dog park at 2100 Old Airport Rd on Feb. 19, 2025, setting conditions on fencing, maintenance, hours and insurance; the board also waived the application fee for the nonprofit.

The City of Ely Planning and Zoning Commission Board of Adjustment on Feb. 19 approved a Conditional Use Permit allowing the Ely Dog Park nonprofit to lease a southeast portion of the ball fields at 2100 Old Airport Road for an off‑leash dog park, with conditions on fencing, maintenance, hours and insurance.

Applicant Bruce Wheelright told the board the intent of the dog park is "to provide a safe space for dogs to run off‑leash, and also experience social interactions with other dogs." He described separate large‑ and small‑dog areas, a three‑part double‑gate entry system and fencing that currently ranges from 4 to 6 feet; he estimated partial fencing repairs at about $35,000.

Staff analyst Kochendorfer summarized findings that the parcel (PID 030‑0500‑00780) is city‑owned, zoned Public (P2) and suitable for park use; staff surveyed 18 Minnesota dog parks and relayed Minneapolis Parks & Recreation guidance favoring 5‑foot minimum fencing, double gates, user permits or registration, and separate small/large areas. Staff recommended approval by CUP with conditions that included a 5‑foot fence, nonprofit responsibility for maintenance, and hours of 8 a.m.–10 p.m.

During public comment supporters said the park would benefit residents and visitors and meet a local need. Speaking in favor, Francis Douglas said the park "would benefit the humans and the dogs." Several residents and the applicant’s board member, Craig Rice, addressed maintenance and safety; Frederica Musgrave asked who would enforce rules, who would be liable for incidents, and whether vaccinations and license requirements would be enforced.

Commissioner Hernesmaa pressed for clarity on liability; Kochendorfer and Wheelright said the nonprofit would carry insurance and that lease terms presented to the City Council could further specify liability responsibilities, similar to other leased recreational fields. Councilor Roose and others discussed signage, age restrictions and enforcement roles for volunteers.

On a first roll‑call vote, a motion to approve the CUP without conditions (moved by Commissioner Prioreschi; seconded by Anderson) failed 2–3 (Prioreschi and Anderson voted yes; Hernesmaa, Roose and Palcher voted no). After a short recess the board returned and approved a motion (moved by Palcher; seconded by Hernesmaa) to grant the CUP with nine conditions: follow the city lease rules; require a minimum 4‑foot outer perimeter fence; require the Ely Dog Park nonprofit to handle mowing, trash and dog waste and provide a portable restroom; operate dawn to dusk; prohibit alcohol, cannabis and tobacco on site; obtain city approval for any additional land modifications; demonstrate sufficient liability insurance; encourage dogs be vaccinated and up‑to‑date; and prohibit children under 8, with ages 8–16 allowed only with adult supervision. The motion carried 5–0 (Burke and White absent).

The board also voted unanimously (5–0) to waive the Conditional Use Permit application fee because the applicant is a nonprofit. The Board closed the hearing at 6:08 p.m. and adjourned at 6:39 p.m.

Next steps: the approved CUP and the proposed lease will be forwarded to City Council for final lease approval and any additional lease terms related to liability and insurance.