May 17, 2011
Minutes of Board of Adjustmentís Hearing for a conditional use request by Eugene Martin to have an existing commercial dog kennel on his property located at 1473 Rustic Avenue in the SEľ of Section 12, Township 96 North, Range 16 West of the 5th P.M., Floyd Township, Floyd County, Iowa.
Board members present were Ron Muff, Bill Fluhrer, and Ann Sullivan. Also present was Jeff Sherman, Zoning Administrator. Roll call of Board members was taken and three (3) of the (5) members were present with John Gohr and Dennis Staudt being absent. Eugene Martin and Attorney Ralph Smith were also present for the hearing along with Robert Reams and Lyle Wendland.
Attorney Ralph Smith started off by asking Mr. Martin a series of questions to help explain what type of operation Mr. Martin was operating. Through the series of questions Mr. Martin stated that he runs his business out of a 40í x 100í frame building and that he raises small breed dogs that are sold as pets. The dogs are sold once they reach 8 weeks old and 95% of the dogs are sold to pet stores in Iowa City with the other 5% sold privately to neighbors or other locals. Mr. Martin sells pure bred dogs which are papered, as well as mixed breeds. Mr. Martin stated that he could paper the mixed breeds, but generally does not as most of the pet stores do not want papers for mixed breeds. Mr. Martinís kennel is also licensed by the USDA and the State of Iowa. The USDA inspects his premises regularly, however, the State of Iowa only inspects the premises if they receive a complaint. Copies of the inspection reports were submitted with Mr. Martinís application and Mr. Martin stated that he has not had any problems with the inspections nor has he had any complaints on his operation. A picture of the facility was also submitted with the application. Attorney Ralph Smith inquired weather Mr. Martin had any future plans to expand and Mr. Martin indicated that he did not plan to expand and that his intention was to operate just as he has been. Board Member Bill Fluhrer inquired as to how many dogs he sells a year and it was determined that it varies from year to year and averages about 300 dogs a year.
A letter from Mr. Ploeger in support of the application was received by the Floyd County Planning and Zoning Department. Letters from surrounding property owners in support of the application were also submitted with the application. No other letters or calls in support of or against this conditional use request were received by the Planning & Zoning Department. Mr. Reams spoke in support of the application and stated that he could hear the pigs up the road before he could hear Mr. Martinís dogs.
A motion to approve the conditional use request made by Eugene Martin to have an existing commercial dog kennel on his property located at 1473 Rustic Avenue in the SEľ of Section 12, Township 96 North, Range 16 West of the 5th P.M., Floyd Township, Floyd County, Iowa, with the condition that the dog kennel facility and number of dogs remain the same size and does not expand without prior approval from the Board of Adjustment, was made by Bill Fluhrer and was seconded by Ron Muff. Roll call vote was taken and the application was unanimously approved.
Discussion was had concerning the Staff Report and weather the Board had any objections to the Report. The Board had no objections. Discussion was had concerning the proposed Rules of Procedure. The Board had no comments or objections to the Rules of Procedure. A motion to accept the Rules of Procedure was made by Ron Muff and was seconded by Bill Fluhrer.
Motion to close the hearing was made by Bill Fluhrer and was seconded by Ron Muff.
Jeff D. Sherman