HomeMy WebLinkAbout992908.tiff HEARING CERTIFICATION
DOCKET NO. 99-72
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1244 FOR A
KENNEL IN THE A (AGRICULTURAL)ZONE DISTRICT - PATRICIA HEALY
A public hearing was conducted on December 8, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated November 22, 1999, and duly published
November 24, 1999, in the South Weld Sun, a public hearing was conducted to consider the
request of Patricia Healy for a Site Specific Development Plan and Special Review Permit#1244
for a Kennel in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made
this a matter of record. Julie Chester, Department of Planning Services, presented a brief
summary of the proposal and entered the favorable recommendation of the Planning Commission
into the record as written. Ms. Chester gave a brief description of the location of the site, stated
five entities responded favorably to referrals with proposed conditions, and two surrounding
property owners submitted letters in opposition. Ms. Chester stated the application is consistent
with the Agricultural Zone District, the uses will be compatible with existing and future uses, and
in a referral dated August 30, 1999, the City of Brighton indicated it has no concerns with this
proposal.
Patricia Healy, applicant, stated this is a hobby kennel in which they will raise show dogs. She
stated the dogs will be kept inside at night, she is applying for an AKC license, she raises stock for
showing, and the remaining dogs are sold to good homes. Ms. Healy submitted a letter of support
from Gary Rigg, surrounding property owner, marked Exhibit E, and stated the application is for
a maximum of 12 adult dogs. In response to Commissioner Geile, Ms. Healy stated the dogs are
housed in kennels within her home; the kennel runs are approximately 20 feet by 80 feet in
dimension, and she gave a brief description of the daily schedule for the dogs. Ms. Healy
reiterated that these are show dogs, as well as pets; they do not board other animals; and the
puppies are sold to good homes, not to pet stores. Responding further to Commissioner Geile, Ms.
Healy stated there have been complaints regarding her dogs and barking; however, under this
permit, a landscaping and screening plan will be submitted, as well as a six-foot privacy fence will
be constructed along the northern edge of the property as noise barriers. She explained the dogs
are very obedient to commands to quiet down. In response to Commissioner Vaad, Ms. Healy
stated they currently have 10 adult dogs and two young dogs which are for sale. In response to
Chair Hall, Ms. Healy stated she has reviewed and agrees with the Conditions of Approval and
Development Standards.
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Mieko Crumbley,surrounding property owner,expressed concern with noise on the property,safety
for children from the dogs, the lack of security to keep the dogs in the yard, and the close proximity
of the proposed kennel to the school bus area. She stated there have been dog attacks in the
neighborhood in the past, and the applicant's dogs bark at the neighboring livestock and children.
Ms. Crumbley stated it does not appear that the applicant trains the dogs, and added twelve dogs
is too many for a residential area. She expressed further concerns with decreased property values,
nuisance conditions caused by waste on the site, and the lack of enforcement in the area. Ms.
Crumbley submitted a letter of opposition from Marianne Bauer, as well as a petition signed by
those who oppose the proposal, marked Exhibits F and G. Chair Hall referred to the Conditions
of Approval and Development Standards, which are intended to mitigate some of the concerns
mentioned by Ms. Crumbley. In response to Commissioner Baxter, Ms. Crumbley stated the
proposed sound barriers will not be effective, and this proposal does not appear to be simply a
hobby. Responding to Commissioner Kirkmeyer, Ms. Chester stated four dogs would be allowed
as a use by right, which does not include puppies until they are six months old. Ms. Crumbley
stated there are approximately 20 homes in the Green Acres Subdivision. Ms. Chester referred
to the definition of a kennel in the Subdivision Ordinance, and stated a property owner is required
to apply for a Use by Special Review Permit if they house over four adult dogs. In response to
Commissioner Geile, Ms. Crumbley stated the other property owners listed in item #4 of the
application do have dogs; however, they do not allow them to run loose. In response to
Commissioner Kirkmeyer, Ms. Chester stated this property was in violation; however, when Ms.
Healy received the notice of violation, she came in and applied for a Use by Special Review Permit.
Charles Crumbley, surrounding property owner, stated he made the original complaint regarding
barking and indicated the application was not filed for several months. Mr. Crumbley submitted
Internet advertisements, marked Exhibits H, I, J, and K, and stated the applicant earns a
substantial amount of money from this so-called hobby. Mr. Crumbley stated there have been
times when all the dogs were out late at night or early in the morning, and he has measured the
decibel level of the barking to be 45 db(A)from within his house. He indicated code enforcement
personnel have not visited or viewed the site, therefore, this application should not be approved.
Mr.Crumbley stated the submitted petition indicates that nearly eighty percent of the neighborhood
is opposed to this proposal because the dogs are dangerous and noisy. Commissioner Kirkmeyer
stated denial of this case will not help the existing situation,and added if there were a bite incident,
the dog owner would be responsible. In response to Commissioner Kirkmeyer, Mr. Crumbley
stated he understands that the larger amount of animals will be regulated by conditions, however,
it seems better to only allow four dogs to reduce the danger, noise and odor. Responding to
Commissioners Baxter, Mr. Crumbley stated this was a business long before the permit was
applied for. In response to Commissioner Kirkmeyer, Ms. Chester clarified there are 36 lots in the
Green Acres Subdivision.
Susana Barber, surrounding property owner, stated she once had a large dog in this area and she
got rid of it because it killed birds, was able to escape a six-foot fence, and was capable of killing
neighborhood livestock. Ms. Barber expressed concern with the applicant's dogs being out at
night, preventing the neighborhood from sleeping; the safety of children at the bus stop; and
allowing too many dogs within a residential area. In response to Commissioners Baxter and Geile,
Ms. Barber stated the dogs have been out at night barking; however, she has not seen the dogs
off the property.
Vicky Traxler, surrounding property owner, stated her young daughter was once attacked by dogs;
however, she is comfortable with having her children visit the applicant's home. Ms. Traxler stated
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these dogs do not try to jump fences; the applicant's house is very clean; she lives across the
street and does not hear dogs bark; she has called animal control on other neighboring dogs and
an animal control officer, as well as a Deputy Sheriff, have responded; she was not presented with
the petition of opposition; and the dogs are not aggressive. Ms. Traxler further stated she is
involved in real estate and the property values in the Green Acres Subdivision are very good, and
she submitted real estate appraisals, marked Exhibits L and M. In response to Chair Hall, Ms.
Traxler stated she is not at home during the day, but on days when she is home, she is not aware
of constant barking.
Randy Kreutzer, surrounding property owner, stated the Dobermans of another neighbor attacked
one of his boys and animal control did respond. Mr. Kreutzer stated he has no problem with the
dogs of the applicant because when he is home during the day he does not hear them bark. He
further stated he lives directly south of the applicant and on certain occasions has had to cross the
subject property at night to turn on an electric breaker, at which time the dogs were not out and
they did not bark. Mr. Kreutzer stated to dogs do bark if the owners are outworking with them;they
are able to control them; he recently had his property appraised at $215,000; the applicant's
property is very well maintained; there are other dogs in the neighborhood that do bark day and
night;and when he does hear the applicant's dogs barking, it only takes a quick command to make
them stop.
Ms. Healy stated she moved into the area in July 1998, and the first complaint was made this year.
She stated once she received a letter indicating her property was in violation, she called the
Planning Department to apply fora permit. Ms. Healy explained there were a few delays to gather
all of the necessary information, as well as a couple of family emergencies. She stated the dog
runs are interior to the property, and the dogs would have to cross two fenced areas to get out.
Ms. Healy explained these dogs are pets which are kept even when they are no longer used for
showing and, although other dogs get loose in the neighborhood, these dogs are very well trained
to allow complete strangers to approach during a competition. She stated the web page is primarily
for informational purposes, not to promote a business,and added these dogs are ranked in the top
20 of the nation,which means they are valuable and very well cared for. In response to Chair Hall,
Ms. Healy stated the kennels are fenced with four-foot chain link fence ; there is a four and a half-
foot chain link fence on the front of the property, there will be a six-foot fence on the north property
boundary, and there are no tops on the kennels because the dogs have never jumped the fence.
She explained for the dogs to leave the property unattended, they would have to cross the kennel
fence, as well as the exterior fence, which is primarily a four-foot chain-link fence, field fence or
wooden picket fence. Responding to Chair Hall , Ms. Healy stated if one of the dogs is sick or in
heat, they are housed in small pens near the kennels and the rest of the dogs go inside. She
stated the dogs are never out unless someone is home, and clarified there are currently twelve
dogs, including two that are four and nine months in age. In response to Commissioner Baxter,
Ms. Healy stated the dogs are not trained to prevent jumping the fence, because it has never been
a problem, and although the dogs react to people at the exterior fence, the dogs are under control
with simple commands. In response to Commissioner Kirkmeyer, Ms. Healy explained that when
they purchased the property,they thought they were allowed to have 9 animals, and at the time she
had 8 dogs with two puppies. She explained the application indicates allowing twelve because they
usually only have eight adult dogs, although this amount will allow for older puppies on the site
while trying to place them in a home. She stated her drawing indicates that there are approximately
60 to 70 residences within a one-half mile radius of the site. In response to Commissioner Geile,
Ms. Healy stated the dogs produce an average of two liters per year; however, they do co-own
some dogs, which have litters at another site.
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In response to Commissioner Kirkmeyer, Ms. Chester stated kennels are not allowed in a
residential area;however,they are allowed in the Estate Zone District with a Use by Special Review
Permit. In response to Commissioner Baxter, Ms. Chester stated the Green Acres Subdivision is
zoned agricultural and,although the Assessors Office lists the sites within Green Acres Subdivision
as residential, this is for valuation purposes only. In response to Chair Hall, Ms. Chester stated the
lots average 2.4 acres in size which would allow 9 animal units as a Use by Right; however, dogs
are counted differently and only four are allowed.
Commissioner Geile stated his concerns regarding the containment and treatment of the animals
have been addressed, and because there appear to be other problem animals in the area, he
moved to approve the request of Patricia Healy for a Site Specific Development Plan and Special
Review Permit #1244 for a Kennel in the A (Agricultural) Zone District, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. The motion was seconded by
Commissioner Vaad, who added he was initially concerned about the safety of the neighborhood
and the odors;however, Development Standard#13 addresses the disposal of waste and approval
of this proposal will allow for control over the use of the site. He further stated the design standards
have been met and will protect the health, safety and welfare of the neighborhood. Commissioner
Baxter stated approval will allow for more control over the current situation. Commissioner
Kirkmeyer agreed with the previous statements and added that without approval there will be no
protection for the area, and added upon approval, the applicant will also be required to construct
a 6-foot fence and keep the animals inside at night. The motion carried unanimously.
This Certification was approved on the 13th day of December, 1999.
APPROVED:
LI/ATTEST: / ���■ '�� BOARD OF COUNTY COMMISSIONERS
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COUNTY, COL RA
Weld County Clerk to that
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BY: �l inSt# Da a K. Hall, Chair
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De ut Clerk to the -.� ���, A,l�ti�
((JJ � Barbara J. Kirkmeyer, Pro-Te
TAPE #99-39
Georgf E. xter
DOCKET#99-72
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Glenn Vaad
992908
PL1363
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1244 - PATRICIA HEALY
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 10/19/99)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter of Support from Gary Rigg (12/07/99)
F. Mieko Crumbley Letter of Opposition from Marianne Bauer
G. Mieko Crumbley Petition of Opposition
H. Charles Crumbley Internet Article "Dog Breeders in Colorado"
I. Charles Crumbley Internet Article "Boxer Breeders"
J. Charles Crumbley Internet Article "Breeder Listings - U.S.A."
K. Charles Crumbley Internet Article "Doberman Pinscher
Breeder Listings - U.S.A."
L. Vicky Traxler Property Assessment
M. Vicky Traxler Property Appraisal
N. Planning Staff Photo of sign posting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF DECEMBER, 1999:
DOCKET#99-59 - JOHN AND JAMES SUTTER
DOCKET#99-72 - PATRICIA HEALY
DOCKET #99-73 - LESLIE AND JEANNE GELVIN
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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