PC8 PDE 257822 special exception for Irma Whitmeyer dog kennel

1:23:09Item P eight will be presented by Rose Stevens.

1:23:12All right, thank you.

1:23:15Oh right.

1:23:21Good afternoon, Ebro Stevens, Planning Development and Economic Growth.

1:23:27Okay, before you is PDE 257822. It's a special exception request in the name of Irma, Whitmeyer, and Dog Kennel.

1:23:44The applicant is requesting a special exception for dog kennel. a a dog boarding and breeding Kennel, with a maximum of twenty five dogs on approximately four point four oh acres. The zoning is AR, Agricultural Residential District, and the future land use is Res III. Just some background. On February 26, 2024, the subject site received a warning notice. issued for operating a kennel on AR zone with 34 domesticated dogs

1:24:14without a special exception permit. And the number of swine observed was 12 on AR property of 4.40 acres to exceed the one per acre limitation. So the property is located on the west side of two lane street, approximately 340 feet of Cordell Street.

1:24:34We are in located in the central market area outside of the urban concentration area and the rural areas. Here is a context map.

1:24:49Aerial.

1:24:55A future land use, we've got to north, east, south and west all res three.

1:25:05and zoning, also north, east, south and west AR.

1:25:14The subject site contains a mobile manufactured home on approximately 4.40 acres, as mentioned before. Access to the property is on Two Lane Street. It's a privately maintained local roadway with approximately 50 feet of right-of-way. The subject is not located near any adjacent or is not located adjacent to any trails.

1:25:40This special exception proposal meets all the following standards pursuant of LDC Section 402.4F.

1:25:55And with that, it is re the recommendation is for approval with conditions from the planning, development, and economic growth departments. Here if you have any questions, I've also asked Animal Services and Code Compliance to be here in case you have questions for them.

1:26:09Sure. Yeah. Десяти. It was like a year ago the applicant was giving a warning notice. That is correct. How did that happen?

1:26:21How how?

1:26:24Did the neighbor call and complain about the dogs or code enforcement happened to drive by or

1:26:31I believe it was the neighbors. That's why I'm understanding it. The neighbors called

1:26:35we know what the neigh why the neighbors called, what their complaint was? You wanna

1:26:40bring up the code enforcement officer? It's probably not fair to ask these questions to Rose.

1:26:47Why not? If you're on the spot. If you're c I'm just saying we have a if the code enforcement officer is here, we might as well ask get the questions answered by the code enforcement officer.

1:26:56Okay, if we have animal services here.

1:26:57Okay. Or animal services. services. Thank you. Whoever whoever responded to this complaint.

1:27:10I'm John Douglas. I work with animal services. Code enforcement. Is not here that I can see. I worked with them on the original case.

1:27:24The officer is was the I worked with him on the case. To my knowledge, I was explained that there was someone in the area complaining about their property and when they showed up that's when they found all the animals on the property. That's when they asked me to come and uh work with them on that.

1:27:41So all right. So What I'm trying to figure out was the complaint It would be helpful if we're not going to be able to the officer was here 'cause I'm trying to understand is the complaint about their property or was the complaint about the dogs or the pigs or Looks like there's all kinds of issues here, so

1:27:59I don't know what the initial complaint was because you can't really see any of the animals from any street. So I don't know what their complaint could have been and the way the house is situated, they're so far away from everything and they live next to a swamp that's you can't it's an inhabitable bay.

1:28:17So you can't see 'em, hear 'em, or smell 'em?

1:28:19No, not from one side. There is a neighbor on the other side, but they're so far away I don't know if it was barking. I didn't receive any complaints from Animal Services for that.

1:28:30Okay.

1:28:32Go ahead.

1:28:32If I may, Denise Hernandez, Code Compliance Department. So there was a uh there was a complaint about several things on the property having to do uh with decaying veget vegetative matter. And some other nuisance items. And then the complaint was also for the dogs on the property. And then our code officer as is required, that person goes out to the property and takes a look at the property holistically as to what other violations

1:29:02are on the property. And there was another violation. violation as well which had to do with not having the street address on the site. So um these this property um two of the items have been resolved, come into compliance, and then this one regarding the dogs, there was a citation issued and we're just waiting on on this process too.

1:29:25was the Main complaint about the dogs themselves, or you said it was decaying vegetation.

1:29:36So those were two complaints.

1:29:37What's specifically about the dogs? Do you know it was

1:29:41the number of dogs on the property that it exceeded the number that is allowed by the code without having a special exception? Which is nine. So the person called out fifty dogs on the property. property according to the complaint.

1:29:53Oh okay. All right. Got it. So they weren't complaining about noise or dogs running loose or Any of that it was

1:30:01the complaint does not state that the person was complaining about noise, just had to do with the numbers. Okay. Okay.

1:30:07And then when you got there What what were the dogs in I mean, being taken care of properly? Were they in clean quarters and what

1:30:19They met all minimum standards. What does that mean? They had Shelter they had Sanitary living conditions, they had food, they had water. water. Okay. Minimal standards are indeed very minimum for

1:30:31animals. All right. I'm trying not to put you on the spot. Go ahead. Why? Um Well No, I

1:30:43I'm trying to get an idea. He's saying the mi met the minimum standards but the minimum st he's I think he's implying that the minimum standards aren't exactly hard to meet. I mean

1:30:57They

1:30:57so you're required to have have shot. If you had a dog that you needed to board Would this place that you brought your dog to board need to be better or as good or not as good as what you saw? I don't I'm not asking if you'll board it at this place, but just trying to get an idea of what we're working with.

1:31:22We look at do they have required shelter? Do they have Three sides, a roof and a wall. and and the ceiling as far as shelter. That's a minimum standard, that's what I look at. Did they have that? They did. They had little individual dog houses. Did they have an area where they could get out if there was feces to use the restroom? They had that. Did they have water? They had that. As far as a Boarding facility, it's hard to Compare the two. Because a boarding facility They're doing that for their business like that and okay.

1:31:53Were all the dogs healthy? Yes. All right. So they're sanitary, they're healthy. Were they all of one breed or variety of breeds? Multiple breeds. Okay.

1:32:06I I don't have any more questions about that.

1:32:09Okay.

1:32:10Good.

1:32:12Oh yeah, actually I do. I don't want to ask about dogs, I want to ask about the pigs. And did you look at the pigs too?

1:32:22The pigs are handled by the Sheriff's Office as livestock. That's not that's not in the county's ordinance.

1:32:30Well but it's just something But I think they were cited. As a zoning violation for having too many Livestock. Is that correct?

1:32:41And maybe Denise can elaborate I bring it on to that? I don't think it's exclusively the sheriff's office. So I think it's a zoning violation if you have too many numbers. Livestock.

1:32:50That that's correct. They were cited for that as well. And let me look at the case notes to see if that was um remedied.

1:32:56'Cause well I see it's a condition. There's a condition of approval. And I'm that's actually something I'm gonna ask you, David. They're asking for a special exception for a Dog breeding. Housing kennel. But there are conditions of approval that have to do with pigs and the number of pigs and how long they have to get rid of pigs and it just seems like we're talking about apples and oranges.

1:33:23Well but if it was a violation that is Not been remedied. Since it is a special exception as a discretionary approval, I think you can make them come into compliance with the code. before you grant I mean that's a zoning violation. So I think your special exception could cure the zoning violation.

1:33:42Yeah, and in addition, this has already gone to court, so that may may be part of the agreement through the court system, and we're just incorporating that into the file.

1:33:52I mean I I think you have to understand the reason part of the purpose of code enforcement is to bring the site into compliance. So I don't think it's necessarily a good idea for you to approve a special exception and then we're still Prosecuting them for another violation? No, what I think

1:34:07the qu what I'm trying to understand in my mind is okay, let's just make the assumption we approve a special exception. And then code enforcement comes out. not on a call about pigs or dogs, about decaying vegetative matter, which isn't a condition of approval. That doesn't matter. make their special exception go away if they get cited for not having their street number on properly posted on the house, but In this case we're

1:34:37making tying the pigs to it.

1:34:40Well, I would argue that pigs have a more relationship to dogs. I mean there's it's still an animal on the property and so It appears the staff is concerned about the number of animals on the property in general. So I mean if you had a little bit of a little bit of a little three hundred pigs there may not be enough room for the dogs. I mean I e there's they're somewhat related to each other. When you're talking about the number of animals on the site.

1:35:06Well I I recognize that in the zoning code there's a limitation on the or the density of pigs or grazing animals on the site. I'm not saying it's not a violation. I'm just trying to figure out how that ties into a dog kennel, that's all.

1:35:18Four point four pigs in this case. I think Well

1:35:23the

1:35:23shares

1:35:24do

1:35:24we have to do

1:35:24it.4 of a pig.

1:35:28Yeah, you never know. Depends

1:35:29on how obvious you

1:35:30can.

1:35:31And a live pig. But I I believe staff was just trying to make sure that if the special exception is approved the property will be come into compliance with the outstanding violations.

1:35:45Yeah, and I can also add to that and there's three separate code enforcement complaints. The one regarding the dog kennel and the pigs is in the same complaint. So it was handled together.

1:35:59Okay.

1:36:04Now if the applicant says they can't get rid of their pigs down to four, then I guess we can have that conversation again. But I I believe the applicant's in agreement with these conditions is my understanding, but we'll see.

1:36:15Here also if you have any questions for her specifically.

1:36:20Okay, if you'd like to come forward please. State your name and address.

1:36:25Irena Wittmar, eleven three, one, five, Ту Лейн стрит, Нью порт речи.

1:36:31Okay. So you're applying for a special exception for for how many dogs?

1:36:38I have twenty one right now, currently a downsize and I'm still looking for few homes for a couple of the babies.

1:36:45And how many pigs?

1:36:47I actually don't have any. I gave them all to my son.

1:36:51Oh Okay, so you only have dogs?

1:36:54Yes, have only dogs.

1:36:55And and you want to limit

1:36:57it to only dogs? And

1:36:59are you right

1:37:01a breeding operation or a boarding operation, a rescue?

1:37:04No, this is a rescue. It's it's a misunderstanding. I was breeding occasionally, but just pretty much like a hobby. I'm not doing it anymore. And um They are my babies, I have mostly Chihuahua's that's small, three to four pounds. Most of them live in my house, чихуachua zdu. I have couple um of the French and one Grey Dane. And they are Um o in and off, out or outside or inside.

1:37:38All all of the complaints about code enforcement um happened when I just moved to that property. And I had no idea I had to have a house number and all of this. I corrected it right away. Авенай бат де проти хундс. She didn't take care of it, so it was overgrown. And it was it had a junk yard in it. I had to when I moved in within um two months I had to pull out

1:38:09tons of tires and a metal and concrete and All the vegetation I had to take care of it and now it looks beautiful and I can enjoy it. It's not in a condition I was when I moved in. I lived on it only a year and three months.

1:38:28Okay. So are you in agreement with the s conditions of staff presented to you?

1:38:33Yes.

1:38:33Okay.

1:38:34Totally in agreement. Everything was dropped. All the charges. No um I have no nothing against me right now except of dogs.

1:38:45Okay.

1:38:46And also I wanna say I am veterinarian, so I'm taking care of animals. This is my profession and I am also a veteran which my dogs are my emotional support animals. They are really greatly helping me to go through hard times.

1:39:04You're a licensed veterinarian?

1:39:08Actually late for job right now, try to go and help community a do vaccination clinics all over Florida.

1:39:18Very good. Okay. Um thank you very much. Any questions to the applicant? Okay. Is anybody here to speak on this? All right, you want to come forward, give us your name and address?

1:39:39Hi, my name is Nika Coates. Um I live 9617 Branching Shrip Trace in Wesley Chapel, Florida. Um I own a piece of uh own a lot uh right down the street from Tulane. So I got the notification, which is why I'm here. My main concern is with this special exception, how it's going to affect uh my property value. Um my intention i was to or it hopefully is to build on my lot. But if this is going to be,

1:40:09you know, something that is going to be allowed, I'm not sure th that I'm going to want to continue that plan. So that's my concern.

1:40:17Is it loud?

1:40:19I'm sorry.

1:40:20Is it loud? I know she said that uh she had

1:40:22Um I don't live there. I d ha I have a lot there.

1:40:25Yeah.

1:40:26So

1:40:26She sa she said she had mostly Chihuahuas. So I don't I don't imagine they're too loud. But I'm just imagining it. Yeah.

1:40:34I I don't know um what the breeds of dogs and what their volume levels are. So again my main concern is is how this special exception is going to affect my property value.

1:40:48How big is your property?

1:40:49Um I have almost a half acre.

1:40:53Okay.

1:40:54And I'm right off of Tulane and Manatee Avenue.

1:40:57Can we put it on a map?

1:41:00You said it was a corner of Tulane and Manatee?

1:41:02Yeah, so I'm right past Two Lane on Manatee Avenue.

1:41:12So yeah, right in that area, um on the other side. Over

1:41:16here?

1:41:16Yeah. So where that house is, my my lot is directly across from that house. Yes, there.

1:41:24And is the subject site where the yellow dot is?

1:41:26Yeah.

1:41:28It's quite a ways from here.

1:41:32But the chair, you're the Chair, Mr. Chair, you're the closest thing to a real estate expert on property values and our

1:41:39Well, Yeah my

1:41:43Yeah, my experience is is that it if they're loud it can affect you know, your your peace and quiet because I I did live near near a uh a p a dog pound, but they were b all big hunting dogs. And uh And I don't know how far that is from From there to there, 'cause I don't know what the scale is on this, but It looks like there's quite a quite a bit of buffer between those two locations. My sense is is that With

1:42:14the type of dog she's got. It probably won't be very loud. i from between where you are and where that is, it looks like it might be A thousand feet maybe, do you think that John?

1:42:30Jamie? I don't know. Can you hit the measuring thing on Mapper?

1:42:34Right, and if she's continuing to, you know, house the rescue dogs or the kennels, it can be any breed.

1:42:40She's gonna be limited on the number of dogs she's gonna have.

1:42:43Okay.

1:42:44Um she can't have fifty dogs on the property.

1:42:50So are there it looks like there's other homes Between the proposed kennel and this property that

1:43:00Like five hundred feet, five, six hundred feet.

1:43:02Mm-hmm. I I guess what I'm my point is that i if the if the noise was a concern, w don't you think that one of the closer neighbors would have shown up today?

1:43:12Yeah. Yeah, that's exactly what I'm saying. You know, that uh I had that experience, but they were completely different kind of dogs, you know. Were you

1:43:24closer than this distance?

1:43:25I was about that distance, but the But the uh You know, you could put a limitation on the kind of dogs.

1:43:34Well, but everybody's gonna have a different opinion on sometimes for some people a small yappy dog's a little more annoying than a big

1:43:41Yeah, they just have to be a good thing. You've got the biggest, the great game down to the Chihuahuas. Yeah.

1:43:50No six hundred plus feet.

1:43:54So that's two football fields. That's how I measure everything.

1:44:00That's why I'm here. That was my main concern in regards to How that's gonna affect

1:44:07building.

1:44:08Have you spoken to your neighbor that's right across the

1:44:10No I have not.

1:44:16Okay. All right. Anything else you want to add to it or any other questions?

1:44:22I have a question.

1:44:23Yeah.

1:44:24Under the code, just a normal person living there How many dogs can they have? Nine. Huh? Nine. Nine? Okay. All right. What I was what I was thinking of is there any way they could sort of like Have some kind of graduated things and when maybe the dogs Pass away. Yeah, have your dogs now but slowly. I don't know enough I don't know if that's a l some kind of condition that the dogs would you know, dwindle down to get to that point at some point.

1:44:54Right. Yeah.

1:44:56Do we know? Janice. the proximity of the neighbor that made the initial complaint? Are they like right next door or are they round the block?

1:45:07No, the person who made the complaint I'm I'm not going to disclose the address but does not live in that area whatsoever.

1:45:14Well, okay.

1:45:17And there is no need to have be an affected party in order to make a complaint about the

1:45:21I

1:45:21understand

1:45:22that. Okay.

1:45:23Does not live in the area at all. Nowhere near there.

1:45:27Gotcha.

1:45:28Well that's a good thing. Is there a way for you to look up whether we receiv ever receive complaints from any Any of the adjacent property owners?

1:45:37For this specific location?

1:45:38Right.

1:45:41The only complaints that I have are those three complaints, and they're from a person that is nowhere near.

1:45:51For any complaints from the immediate neighbors though.

1:45:53That is correct.

1:45:58Well. I'm not trying to be argumentative, but I thought the law was changed that we can't make anonymous code enforcement complaints.

1:46:07It is not an anonymous code enforcement complaint. I just don't know if it's appropriate for me to disclose the address of the person who put the complaint right now. Should I say that, David? Do you want me to state what the address is? I I don't care. Oh okay. No, no, it's not anonymous. It's not an anonymous complaint.

1:46:27It's on Grand Boulevard.

1:46:29She addressed the relevant.

1:46:33It's on Grand Boulevard. I don't think you can hear

1:46:35them from

1:46:36there.

1:46:36Yeah. Well I mean I I don't I don't think it's a bad idea to you know, along the lines that you suggested, Richard, that might might be a thought. down to a minimum number. Um That would give her some time to make the adjustment. But um

1:46:56You know, i they anybody can have n up to nine dogs. So good six

1:47:02piece of property in general.

1:47:06So

1:47:08We're gonna keep micro.

1:47:13purpose and intent. The special exception says it's a breeding and boarding Kennel, but she tells us it's a rescue and that it's not a breeding, so the I'm trying to understand what it is we're trying to do. Do you just need to have twenty one do you feel the need to have twenty one pet dogs or Or am I running a business boarding these things or?

1:47:35No, so I I own these dogs for over ten years. They are my personal pets. I am not trying to get gain any more dogs. I am actually trying to downsize. And find a good home for few more. I can ma I'm managing them. Just fine and they just my personal pets really are. And it's hard to explain because When you don't have this many animals you don't understand

1:48:06maybe that, but I am attached to all of them and they love me and our shelter's full of animals. I just provided them a great home. And It's hard for me to Um give them away. And yes, they will pass eventually. I have a dog who is ten years old already, and they will pass, and I I'm not planning to keep gaining more dogs. That is not a plan. My plan is to get downsized

1:48:36a little bit more.

1:48:37So to clarify, it's not really a rescue per se. You're not really trying to continue to rescue animals and find homes

1:48:44for them. for them. I rescued these animals, but I'm not planning to bring any more animals.

1:48:50Okay. So you're not intending to run an at active rescue,

1:48:53not

1:48:53intending to run a breeding kennel.

1:48:56No, it's not a breeding kennel at all. I don't know I didn't even Purchase the license for next year. So I'm not breeding. It's just my personal pets. I'm spending time with them. They are situated when they outside the situated in the middle of my property. I'm building a privacy fan switch. Енд плантин сам. Um plans to prevent the noise going across. So

1:49:26I'm trying to prevent all of this. I also use Um, anti barking colours for the bigger dogs. Chihuahuas cannot have dolls. And they never bark at night because I do have p this protection. Because we all wanna sleep and get rest. I am taking care of it.

1:49:45So can I ask you a little bit? A follow up question. So What is your target number of dogs that you're trying to get? Downsize two.

1:49:53My target is It's hard, it's very hard, but my target is at liст.

1:50:01Seventeen Adam at a m minimum, that's it, maximum I mean.

1:50:07Sori, Maksim. Based on the current age of your dogs, how long would it how long do you anticipate it'll take you to get down to seventeen? assuming they all live their natural life.

1:50:19Natural life? Oh

1:50:23Most of them are pretty young, so I wanna say maybe The first one maybe another five years max.

1:50:32I'm just saying it if it under under your current plan, how long do you think it would take you to get to seventeen?

1:50:38Oh. And the and the current plan probably I wanna say f four months, maybe five at the most. Because you're trying to find homes

1:50:47for them.

1:50:47So you're not you're not so you're not another four. But I guess if you couldn't or well, in her defense, if she can't find a home I'm assuming she doesn't want to

1:50:58So she probably would keep them. So I mean uh that's why I'm asking In a worst case scenario, how long would it take you to get down to seventeen?

1:51:08In a worst case case scenario, probably a month. To find uh good rescues and give them there.

1:51:17If

1:51:17there is no the rescue, maybe my family. Бутейксам май френдс.

1:51:24Hmm.

1:51:27I mean i if the planning commission was inclined to add to condition of one and say that within a year she'll reduce the number to the maximum number would be seventeen. I mean you could do that. Intended. That's what you're trying to do. It doesn't appear that we're being consistent with what she's

1:51:47Part of the proposing part of the thing I'm struggling with is she's not proposing to actually operate a kennel. She's not proposing to operate a dog rescue, she's not proposing to operate a breeding Operation It's more like she's here asking for a variance to the maximum number of dogs. And I'm wondering is the variance The Better vehicle

1:52:17than the

1:52:17special exception. This is not the first time this has happened though. I mean there's been other No, typically it's more active rescue where they're continuing to take in the books. But Unfortunately, by op sorta by operation of law, our code says that it to exceed nine dogs you need a special acceptance for a candle, regardless of whether your purposes. So And That may be for a reason because it's probably hard for code enforcement or animal services to figure out

1:52:47I'll I'll just say this.

1:52:48Is she breeding, is she giving you know, is she rescuing? I mean I don't know that

1:52:52let me ask the zoning person something.

1:52:55Who's that?

1:52:56Can one keep animals on the property if there's not a principal structure?

1:53:04Can one have an agricultural is a dog shelter an agricultural building?

1:53:13Denise, you want to answer that for per for code purposes, for enforcement purposes?

1:53:17Sure. A dog shelter is not an agricultural build building, so you cannot have a uh a special uh that that use without a principal structure.

1:53:30Like a home, we mean residence.

1:53:33Mm-hmm.

1:53:35Right. A principal structure would be uh um an actual site built home, mobile home manufactured.

1:53:40Is a chicken coop an agricultural structure?

1:53:43It it could be, yes. So in the AR di in the dist in the AR district, for example, it specifically calls out what um agricultural structures are and a chicken coop is considered far farm animal and an agricultural structure. Yes.

1:53:59Okay.

1:54:02Well, you're worried about your chickens? No, I was gonna suggest she go split her lot in two. She's probably a parent parcel, then she can have eighteen dogs legally. In fact, I guess if she puts another mobile home over there then she can have eighteen dogs and there's nothing we can do about it.

1:54:17I'm willing to do anything honestly at this point because it was my plan to build a home there anyway.

1:54:23She has an application before you. I think you can act on that without making her split her lot or bu build a new home. If you're concerned is the number of dogs, you could you could add to condition one that requires her to reduce it to a to a specific number.

1:54:37Personally I'm not even at will, other than she needs to comply with the zoning regulations. I agree with that. But the problem that I'm having with this case is none of the complainant is in New Port Richey on Grand Boulevard somewhere, so it's somebody's vendetta against whomever this woman is. They weren't even affected by the dogs. She doesn't have any pigs. And she's not trying to operate a kennel.

1:55:02Well then you could just approve her application. Yeah.

1:55:08Yeah, but doesn't the special exception run with the land? Yes. It does. So if sh it's not personal to her. Correct?

1:55:17Yes, although

1:55:17we have in the

1:55:18past we have in the past occasionally imposed a condition that the special exception

1:55:22was. I'd feel more comfortable I'd feel more comfortable if the special exception was personal to her. What I'm concerned about is that she sells the property to somebody's to operate a dog kennel or rescue or Th which isn't her intent here.

1:55:39I'm not saying

1:55:41You could impose a condition that it says that it expires you know upon I think we have standard conditions we've used in the past and staff would have to figure research them, but I think it basically says that expires upon the sale of the property or her death or what we have to go back and look at the language we normally use, but We we could input we could impose a condition saying that it's personal too. Hello? If that's if the Planning Commissioner

1:56:09would also put a time limit on it?

1:56:14Well we just talked about that. You could, but uh but remember that if you put a time limit that's gonna require to get down to nine. And what I'm hearing her say is that she May never get there. In her lifetime. She she's she's trying to get down to seventeen. So if you can d if you put a time limit you'd have to get down to nine at some point.

1:56:35Oh okay. I understand. But by tying it to her that's also likely less effect on neighboring property properties and property value as well. Not n none, but less because it at least it's a finite type.

1:56:50Right. In other words, I can't she can't If we put a condition on like that, then she can't go advertise her property as, hey, buy four point four acres in Moon Lake approved for dog kennel or breeding facility.

1:57:02Correct.

1:57:02Okay.

1:57:05Well

1:57:08If David can craft such language then I would be with the memory in the form of a motion.

1:57:15If you just make a motion to that We add a condition that the special exception is personal to The applicant we can craft the condition. So moved.

1:57:24Second.

1:57:28Or

1:57:28how many dogs? Well the way it was

1:57:31already written.

1:57:32It

1:57:32was

1:57:32up to twenty

1:57:33five on here.

1:57:38Um I have a problem with twenty five dogs, huh? I I think we gotta limit the number of dogs.

1:57:46Well, I'd be willing to amend such motion if there's a reasonable amount of dogs you think is Well she stated seventeen.

1:57:54I mean I think I mean she's already said she's in the process of farming some of them out. You know, so I think at some stage within the next twelve months you should get down to like twelve dogs. Somewhere in that vicinity. It gives her a buffer, but it's not a good thing. You know, I think in You know, in deference to the person that came up here to speak, she does have property in that area and she is concerned about it enough to be here today. I agree. You know. And

1:58:25and I and I would be too. So I mean I think we're giving her some leeway by giving her Twelve dogs. And giving her a year to get to get to that stage.

1:58:40And then but just like you say Uh we need I still think we need the language about If she sells it.

1:58:47Well that's already part of his existing motion. Yeah. Well so the

1:58:50motion's been seconded. Does it have to be voted on

1:58:55and remotioned

1:58:56or not?

1:58:57Probably the best thing to do is just to be take action on that root that part of the motion and then we'll figure out if somebody wants to make another motion on the number of dogs. So I'll get to vote against my own motion. I right. I think it's gonna get too complicated if you make it a two part motion. I agree. Starting with the motion that's on the floor is to Limit the special exception to her personally. Okay, all in favor

1:59:20signify by saying aye.

1:59:21Aye. Aye.

1:59:22Opposed, like sign, nay. Nay.

1:59:26Roll call. So that's limiting to the right-of-way.

1:59:29Can

1:59:29I

1:59:29ask a question? We're gonna by saying nay, we're gonna start over with the motion and get it all right. Is that correct?

1:59:35Yeah, the the motion was just to add that condition, let's be clear. Oh, yeah.

1:59:41Okay.

1:59:42Yeah, that's what we're doing.

1:59:45I thought we were just voting to give a motion. Okay, let's start over. Yeah. Okay. My understanding of your motion was that you were making a motion to add a condition that the special exception be personal to the applicant. With the exact language language to be determined by county attorney's office and staff after this meeting. If

2:00:05we want to do this one step at a time, then yes that was my motion.

2:00:10vote on the motion to add that condition of approval. We're not Taking action on the whole special exception or anything else, just

2:00:21Yes.

2:00:26Okay. All in favor signify by saying aye. Aye. Aye. Okay.

2:00:33Nay.

2:00:36All right. I think that one passed. Okay, now you've added that condition to be personal to the applicant. Now if anybody wants to make another motion, please make it. Okay.

2:00:45So now we would like to make a motion to

2:00:50Add a condition that the number of dogs on the property be reduced to twelve within the next twelve months.

2:01:03Yeah is there a second? I'll say it. Any further discussion of the motion? All in favor signify by saying aye. Uh.

2:01:18Nay. Do these dogs go to school? So so

2:01:22Yeah, I guess I can't vote

2:01:23on it. So um yeah you you can't vote on this picture. So

2:01:31I think we need a we need a roll call let's do a roll call vote on that motion, please. Well he did

2:01:37Richard second it? I did. So you've got to do that.

2:01:41Let's start over that one again on that one too. Any any second to the motion? Other than Mr. Tanello. Can I second my own motion? It wasn't your motion, it was the motion. Yes, you can. You can second it. Second.

2:01:56Mr Chairman before we vote, just a quick question. Wha w was there something special to the number twelve? I mean she's allowed nine. She asked for said she could get down to seventeen.

2:02:09But I know from my own experience that If you have, you know, seventeen to twenty dogs, you're they're gonna make a noise.

2:02:17Well, I I mean I would make the argument that ten to twelve are gonna make a lot of noise. I could also make the same

2:02:22the ones that she keeps. Those are gonna be the quiet ones. Yeah.

2:02:27We already established that they go to school and we said no.

2:02:30Have you ever

2:02:31missed Chihuahua?

2:02:33first off I could stay inside though.

2:02:36I just asked myself that Who who's gonna count them? Who can can if if you were around the corner, would you be able to tell if she had twelve or fourteen? Probably

2:02:44ICAX.

2:02:45Well

2:02:45you have distinctly. One of the conditions in the special exception is that she has to avail her property to inspection from the uh authorities here.

2:02:53Yeah, so uh quote of animal services or code enforcement would is capable of counting the number of dogs. So It's an enforceable condition.

2:03:02That's uh it's true.

2:03:04But it's just a matter of whether you want to impose it or not.

2:03:09Okay, well I mean I I I'm capable of accepting defeat, but let's just have a vote.

2:03:17That seconded John's

2:03:18motion. I think you're Numbers wise.

2:03:25We had a motion in the second did any did we actually vote on that one? We have

2:03:28not.

2:03:28No. Okay.

2:03:29All in favor of the motion. Signified by saying aye. Aye. Aye. I think we're gonna have a roll call.

2:03:39I guess we don't need a roll

2:03:40call. I think that that vote fails. Do you want a roll call, Mr. Jr?

2:03:45No.

2:03:46Is there

2:03:47a number we can all agree on? Well I th I think she stated seventeen.

2:03:53It's like my baby, so it's hard to give them a big thing.

2:03:56I'm an animal lover myself and

2:03:59frozen. We don't

2:03:59have kids and we have fur

2:04:01kids. So I guess

2:04:02we're going to go.

2:04:04twenty dogs now, the per nobody nearby complained. She's obviously taking care of them and managing the noise and the Yeah. potential nuisance, I think we should there's no need to Well it Beyond that beyond what sh you're asking for, I don't I don't think it's a seventeen. Yeah.

2:04:21Well to be clear, condition one number one right now says twenty five. So if you intend to limit her to seventeen within a year, you would need to add to condition one.

2:04:29And you'd be okay with seventeen within a year.

2:04:32Yes.

2:04:34That that would be well this last vote failed, right? So we have to make another move. Yeah, somebody has to make a new move. So I I'd move that um we approve with limiting the number of dogs to seventeen within a year.

2:04:47Thank you. And my Chihuahua has they at home all the time almost. So they not go and bark. Nobody's going hear them. I'll second them.

2:04:54So she's okay with unlimited number now?

2:04:56Seventeen.

2:04:57And just has to get a seventeen a year from today.

2:04:59Yeah, she's she she'd be at twenty-five for the first year.

2:05:02So it'll be twenty-five now.

2:05:04And then within a year it has to be reduced to seventeen. That's the motion that you're making, right? Correct. And it was second. And and that this is still personal to

2:05:11her,

2:05:11especially.

2:05:15And I

2:05:16voted

2:05:16on that.

2:05:17So

2:05:17you seconded

2:05:17the

2:05:18second

2:05:18this. Yeah. Okay.

2:05:19So all in favor signify by saying aye.

2:05:21Aye.

2:05:22Aye. Opposed, like sign? No. Night.

2:05:28Motion carries you want to roll Power seven no

2:05:35Well, yeah, yeah.

2:05:37I'm more disturbed that somebody on Grand Boulevard who's not even anywhere near her property. is making complaints about the lady's property. That

2:05:47Yeah. Well that's maybe that's why the legislature got rid of anonymous complaints. That's people for yeah. I don't know.

2:05:56Mm-hmm. Okay. Next.