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DANE COUNTY DEPARTMENT OF PLANNING& DEVELOPMENT PETITION NUMBER 7154/CUP 1482: GERSTNER-MILLER/MEYER TOWN OF BURKE STAFF REPORT A. BACKGROUND The Meyers are requesting a rezone of a .89 acre parcel from R-3A to A-2. This parcel will be attached to an existing 4.81 acre A-2 parcel. Both parcels are currently owned by Constance Gerstner-Miller and leased to the Meyers, who intend to purchase the combined lots to expand an existing kennel operation. The rezoning action is requested to meet minimum setback requirements from residential zones. The applicant is also requesting a conditional use permit to allow the operation of a kennel, dog training center and retail pet supply outlet on the combined 5.7 acre property. The CUP would allow the existing kennel to expand its operation to board and/or train up to 175 dogs and 30 cats at a time and to include retail sales of pet food and supplies. B. GENERAL SITE& LOCATIONAL INFORMATION The property is located at 3953 State Highway 19 in the northwest '/4 of the northwest 1/4 of section 3, Town of Burke. The parcel has approximately 600 feet of frontage on the south side of Highway 19. C. HISTORY The kennel on this site has been the subject of controversy for some time. Building permits for the kennel (Permit#21474) and the residence (#21475) on the property were originally issued in 1972. There is some question as to whether the building permit was legally issued at the time (see 8/14/92 letter from former Zoning Administrator Bill Fleck to Attorney Margaret Satterthwaite in petition file for details). Regardless of its early history,the kennel clearly became a legal, nonconforming in 1988 when OA#36 amended the A-2 district to make kennels a conditional, instead of a permitted use. Since becoming a legal nonconforming use, the kennel could not legally expand its operation in any way, including the number of animals served or the types of services offered, beyond what it performed in 1988. There are apparently no records of how many animals the kennel served at the time it became nonconforming. The only available information in this regard comes from the original sanitary permit for the kennel (#2685) issued in 1972,which indicates the kennel septic system was designed for a maximum of 30 dogs. The Department of Environmental Health reports that no subsequent permits for modification or replacement of that septic system have been issued. Since the current state septic code does not address the treatment of non-human waste, it is not clear whether a sanitary permit would be required in any event. In 1992,the county zoning office received a CUP (#986)that would have allowed a kennel serving a maximum of 200 dogs on the property. After the County public hearing, the Town of Burke requested that CUP #986 be held in abeyance. This application supercedes the previous CUP.