Carroll County, MD Board of County Commissioners Open Sessions, 29 Jun 2021

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From YouTube: Board of Zoning Appeals June 29, 2021

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https://www.carrollcountymd.gov

A

Call the board of zoning appeals, meaning to order.

A

Before we even get started here this morning, I just want to say.

A

We have mr snyder is a new member of the board. He is not deliberating.

A

He's just sitting in today I guess he's dipping his toes in the water and.

A

Julie is sitting in while she was the alternate, and she was in on the.

A

Beginning of this case, so if there's any confusion as to why there's six members sitting up here.

A

Wanting to dispel that right from the get-go, um I didn't have to say this.

A

During the virtual hearings, this is crazy, but if you have any electronic devices, please go ahead.

A

And silence those so that it doesn't interrupt our proceedings here today. So with that, um I guess.

A

I'll go through a couple of the the procedure here today is: this is a continuation of the case.

A

Mr bowersox is representing neighboring.

A

Neighboring landowners, ms nip, is here with her application um and if you plan.

A

To testify here today, could you please stand and raise your right hand and take the oath.

B

uh Mr bail, before we do the continuation here and could we do the two.

B

Extension requests before we get to that.

A

Oh here case, 219 and or 6219 and 614.

B

6269 and 6254, I do not have the documentation on that.

A

If you just hand me the letter I'll go ahead and read the letter, okay, I.

B

Always read every delay: okay, uh bza k6269.

B

To whom it may concern I'm requesting a six-month extension for the site plan review process. I have.

B

Reached out to a few engineers back in january, as suggested by the bureau of development review,.

B

And the quotes that I received for this process have been disheartening, to say the least. I operate.

B

A small business- and I was not expecting these additional expenses from the start of the zoning.

B

Process I made the conscious and possibly an educated decision to lease a commercial property.

B

To avoid disturbing my residential neighborhood, I appreciate the boys decision and the helpful.

B

Employees that have aided me during this process. Furthermore, I apologize for not moving forward in.

B

This process at a faster pace, I will be starting the site plan review process myself before the end.

B

Of this week and appreciate a deadline extension, thank you. Christopher lane, landscapes, llc.

B

Sykesville maryland 21784 for contractors, equipment, storage, yard.

A

The background on this for the board members that sat in on this case.

A

A couple of years ago, this is where this is at route, 91 and 32, and it's the back building, which.

A

The boat hunters then at one point, had a archery firing range in there. If I remember correctly,.

A

What's the pleasure of the board, the request is for six months. My experience here tells me that.

C

If he has to come back, we should extend for the maximum that we can, which is a year.

C

So I'd suggest that we do that and he's got plenty of time if he finishes in six months. No harm done.

A

Okay, any further discussion, I'm ready for a motion. I move that we grant the request.

C

Case number um these ak-6269 in case number 6269 to grant the extension of one year.

A

Do I have a second second okay, any discussion on the motion, seeing none all in favor, say aye.

A

Aye all pose no motion carries so the extension has been granted for 12 months.

A

Okay, mr dixon, all right. Another request from vanmar associates inc engineers surveyors planner.

B

June 14 2021 um d patel to joe vance dear miss vance, the owner of the site, located at 7457.

B

Watersville road mount airy maryland on property zone, a agricultural industrial district election.

B

District 13 has received the notice of decision on board of zoning appeals case.

B

Number 6254 on december, 8th 2020, the owner of the property, was requested.

B

To submit us the site plan in compliance to the county code 158.132 due to unprecedented coca-19.

B

Employees and scheduling has been turned upside down, and this deadline was inadvertently missed.

B

We hereby request a 90-day extension to the original decision by the board per conversation.

B

A check in the amount of 225 for the extension has been dropped in the red box in the lobby. Please.

B

Feel free to contact d patel for any further questions, so they're requesting an extension too.

A

When was it, when was this case originally heard, mr dixon? What date.

B

The hearing held december 1st 2020.

A

December 1st 2020, yes, katherine burkhowe,.

B

Landscaping, design llc. How many months did they have to get a site plan submitted.

A

Is it one year, mr boyd, six months.

A

Okay, so they slightly missed that deadline um and they're asking for a 90-day.

B

Well, this is this: is the engineer's.

B

Question requesting this: yes,.

A

Okay, what's the pleasure of the board says it is the engineer that's requesting additional time.

D

I think we should grant it I'm fully sympathetic to the staffing issues and.

D

Things being overlooked, and everyone during this time.

D

They're asking for 90 days and I'm just wondering if we shouldn't double that.

C

I agree, you know they're only requesting 90, but why don't we double that and give six months.

A

Just a suggestion.

C

A

Okay I'll entertain a motion.

D

Excuse me, um I apologize, I didn't write the case number down.

B

62-54, thank you in case number 6254. I moved that would grant an extension for six months for.

A

Okay, any further discussion on the motion to extend the deadline for six months on the site.

A

Plan in case number 6254, seeing not all in favor aye aye all opposed no motion carries.

A

Okay, thank you, mr dixon. I didn't have that on my agenda, but that's okay and one last reminder um so.

B

People in the building don't get in trouble when people leave the room. If you would ask.

B

Them to return their badges to the officer in the front of the building, because they do a check.

B

For badges, when people leave, so you can't leave our this exit right here, you've got to return your.

B

Badges to the officer in the front here or they're, going to search the building for those badges.

A

They're going to come, knocking on your door, they will look, they were gonna they're, gonna.

B

Ask for those badges, so you need okay, so you return the badges. You all have been warned that.

A

That's your legal advice from mr dixon here this morning: don't don't don't leave without properly.

A

Yeah going through the correct door: okay, thank you, mr dixon. Okay, with that.

A

We're back to the continuation of case number 6322. So if you plan to testify today.

A

Would you go ahead and please stand and take the oath.

A

Do you swear or firm under penalties of perjury, that the testimony you're about.

A

To give is the truth, the whole truth and nothing, but the truth.

A

Very good, thank you.

A

A

Miss nip, there was additional information that was requested of you. Have you gotten that information.

A

You want to come to the you want to come to the microphone sure also she's, actually with me.

A

A

That's it first.

A

Okay, so, ms smith, so the additional information that you.

A

Were requested to to provide to us in our decision-making process? Yes, I um amended.

E

The application and I sent it into joe vance okay, can you briefly tell us what you amended.

E

This is suzanne swisher she's, actually a friend advocate and a puppy parent. So she actually is.

E

Going to be with me, okay, so please and please state your name, your address and occupation and.

A

Spell for the record your last name, my name is suzanne swisher s-w-I-s-h-e-r. I reside at 1-1-3-0.

F

Algernon drive in westminster, 21157 and I am a registered nurse clinical documentation, specialist.

A

Okay, so with the amended application, we included a table of the variances.

F

um Multiple variances, we included a plat which you may have from the previous hearing. We.

F

We have a zoning map that shows the distance variances from the dwellings.

F

There should be a first page of a copy of missnip's insurance policy, a sample of the intake.

F

Form that new clients fill out, you hopefully still have the letters about 12 or so letters of.

F

Support from neighbors and clients, and then we added some pictures from the the deck and.

F

Showing the uh the lower level where the dog crates are inside and then we um we have.

F

Six previously approved bza cases for conditional uses and multiple variances.

G

Fine may uh two things first of all good morning for those of you who are familiar, it's nice to.

G

See you again for those who are new and welcome, and it's that would be good working with you.

A

um Could you identify yourself for the record david bauer socks, 24 north court street.

G

Westminster maryland on behalf of carla boss, um I understand that um um this, this new witness.

G

Was introduced uh as assisting, but one thing I would caution the board and this swisher about.

G

Is that unless she is a licensed attorney, she does, she cannot represent.

G

Someone in a adjudicatory hearing in maryland, she's, not representing me she's just well, then.

G

At this point, if she's not representing her, then I would like to have her statement treated as.

G

Testimony it wasn't made clear when she started and I would note an objection.

G

To the other conditional use cases that they've talked about, I haven't seen any of that.

G

uh It's not part of a record as far as as I know in evidence in this case.

G

And I would say that it's not relevant to this case.

A

So so ms swisher and miss nip. Mr bowersox raises a very good point: miss swisher you can you can.

A

Be a witness, but you you can't be an attorney so so with that the way our proceedings work.

A

Is the applicant has the opportunity to make their case call witnesses and then the opposing attorney.

A

Or interested parties can then cross-examine your testimony, not ask you questions that have nothing.

A

To do with your testimony but of your actual testimony and at that point then ms nip can call.

A

Another witness that she would like so really miss nip. If you want to call mr swisher as a witness.

A

That that's fine, but she cannot represent you in any capacity. Okay and we're aware of that. Okay,.

A

Okay, is that acceptable uh and and then we have the issue then of the other cases? Well, that's.

G

That's part of it, um I I am aware of the newly submitted or the amended application.

G

Which going way back in history in may 26 was what the board decided. They would do.

G

Instead of dismissing the application outright at that time is to continue the case to allow the.

G

Application to be amended I've seen that amended application. I intend to comment on it.

G

But there has been no other evidence introduced to this board since may 26th.

G

And what ms swisher's been talking about, isn't among what was introduced on the 26th.

E

Well, with an amendment, we also added some additional information that was sent in the same packet.

E

So that's the table of what we just read to you is everything that got submitted.

A

Yes, so it is in the file, it's not evidence.

G

If I'm going to cross-examine the evidence, I have to have an opportunity to know what it is.

G

And have it presented and have it accepted as relevant by this board, I'm being.

G

I'm not trying to be overly dramatic, but to proceed. This way is going to deprive my client.

G

Of her right to cross exam okay, so mr dickson, at this point.

A

You've you've introduced the file at our last meeting. Could you go ahead and introduce the.

A

Additional information that was requested of this nipple would that satisfy that mr powers.

H

They're introducing this as evidence for you to consider it needs to be put into the.

G

Record okay, so, mr dixon, could you go ahead and uh introduce the additional information from the file.

G

Excuse me by clarification, an application is an application. That's part of your administrative.

G

Record the other material which is not part of that application and is intended to support.

G

Is evidence and it needs to be dealt with as evidence, that's what I'm doing.

B

All right, this looks like uh new information and uh uh house number 7571 distance.

B

In feet, from 7578. um 220.1 feet, house number, seven, five, seven, five distance and feet from.

B

Seven: five: seven, eight uh one, seven four point: six uh house number: seven: four: seven: uh seven four.

B

Five: two distance in feet from seven five, seven, eight one, three four point: seven.

B

House number seven four: five: two distance and feet from seven: five: seven, eight, um let's see.

B

Seven four house number seven four, four: seven distance and feet from seven five: seven, eight.

B

One nine one: nine four point: six house number: seven: four: five: five distance in feet from seven.

B

Five: seven eight one, three two point: one house number: seven, four: five: five distance and feet.

B

From seven five, seven, eight one three two point: one house number: seven: five: oh five.

B

Distance in feet from 7578 110.8 house number 7511 distance and feet from 7578 114.4 house.

B

Number 7517 distance in feet from seven five, seven, eight one, seven, eight point: eight house number one.

B

One seven five one: eight distance in feet from seven five, seven, eight one, eight six point: two.

B

House number: seven: five, one four distance and feet from seven: five: seven, eight one, eight six point.

B

Two house number seven, five, one four distance and feet from seven five: seven, eight one, eight six.

B

Point two house number: seven: five one distance and feet from seven: five: seven, eight, three, nine.

B

Point: zero house number seven: five: seven, zero distance and feet from seven five; seven, eight.

B

uh One five four point: zero, mr dixon is that found after page two of the amended complaint.

B

B

Application for hearing.

B

Page two: yes, okay! Next page, I have seen that list.

G

I've also seen the I've seen the amended application uh page, one and page two.

A

So, mr varus, my question is: do you accept that, as being part of the application.

A

Or do you feel that that is evidence and needs to be moved into evidence.

G

I I don't think it's part of the application per se, except possibly as an intention to explain the.

G

Variance request found in the second explanation, block on page two of that amended complaint.

G

So I I can accept it as that. What I heard was a number of other correspondences and a list.

G

Of conditional uses in the neighborhood that this board had approved, which I did not see.

G

In the copy of the amended complaint, which I obtained so you're, satisfied with what mr dickson.

A

Is behind the application? I intend to go into that in some detail so that doesn't need to be entered.

A

Into evidence that is I'll, accept it as part of the application. You accept, okay, very good. So if.

A

Any additional information is presented, miss nip, it needs to be moved into evidence, so it.

A

Needs to be a copy needs to be given to mr dixon. He will label that and put it in the file. Okay,.

A

So we so we're good we're good! Mr byron! As far as that's concerned, I don't know if there's other.

G

Material in there I would, I would rephrase my objection that any object and the other.

G

Conditional uses have been approved in the neighborhood or any other things. I I don't.

G

Object to that and ask that that be stricken, because we don't know what they were about. We.

G

Don't know where they were, we don't know what the ordinance said at the time um and there's.

G

Been no support for it now there are other bca decisions, but it doesn't even have the whole.

B

Decision I mean there's the case 5967 it's the first page. It doesn't even have the whole decision.

B

It's got the first page of the decision. I don't even know what the outcome of the decision was.

B

It's got case 5967, it's got case, 6077 the first page, not the whole decision. I don't know what.

B

The conclusion was, it's got case, 5956 first page of the decision. It's got case, 5573 first page, not.

B

The whole decision don't know what the conclusion was in case 6310. First page of the decision not.

B

The whole decision case 6287, and these, let me see what uh it was- a commercial kennel one is a.

B

Dog kennel, maybe they're kennel cases, but then it's commercial, they're kennel cases. But then they.

B

I don't know what uh the outcome of the case was: they're kennel cases, but I don't know what the.

B

Outcome of the kennel case was so for what it's worth they asked. Maybe these are kennel cases, but.

B

Don't know what the outcome of the case was: some are in agnes or ag district. Some are in.

B

The ag district ag district and conservation, so I'm not really sure what the these cases.

B

What they're, what they're getting at mr dixon, um can we ask you for legal advice, how to go forward.

A

With those number one they're incomplete decisions, we don't know, we don't know.

C

We don't know the decisions, I don't know, I don't know what they're supposed to.

B

Help the board, what what the point is with those cases.

D

Mr bill, I have a question just for clarification because I think I'm misunderstood.

D

um I it was my understanding that when we did a continuance of this, it was to permit.

D

The application to be corrected and resubmitted I didn't realize we were hearing new evidence today.

D

Is that did I misunderstand the procedure? Well, you can always hear new evidence. The case wasn't.

B

Completed so you could hear new witnesses new evidence. Yes, we could always hear new evidence.

B

The case wasn't completed. Thank you to the extent that this these have been. uh They haven't even.

G

Been offered uh formally in my opinion, but to the extent that they're being asserted by.

G

Implication as being supportive of the request, that's before you, because you've done it before.

G

I think that for to that extent, it's a prejudicial offer and I would ask you to um I object to it and.

G

Ask you not accept it as evidence, miss nip. Would you like to respond because.

A

I'm not sure how we handle this. We have the case without a decision and I'm not sure how that is.

A

In any way, going to help or hinder your case here today, well, it was just to prove that similar.

E

Situations which some of those were actually approved, so it was actually just to show you.

E

That we had very similar uh you rolled on up very similar cases that we have that.

E

We're going into today, and they were they were rolled in favor of the dog boarding and daycare.

D

That's a question: you indicated that some of those were actually approved. Does that.

D

Not mean that everything in that file was approved. They all six were. Yes, I'm.

E

Sorry, we've looked at a bunch of them, so yeah we have provided the sixth year.

E

Thank you. Yes, I mean I'm willing to take administration, I'm willing to acknowledge.

G

um That this board has approved kennels in the past, some in cases I've been involved in.

G

Some in cases I've been advocating for the count and some in cases I've been advocating against.

G

So I'm aware that this board has done that in other cases in the past these.

G

Conditional use cases are to be decided on the particular facts of each case that is presented.

G

In determining the schultz versus pritzkenly oil college case, standards for conditional uses based.

G

On the particulars of where the request is located and the potential impacts that are generated by it,.

G

There's a larger question of the variance. We have no idea whether any of those.

G

Variants of any of those other cases require variances. If so, what variances, how much the nature.

G

Of the neighborhood, and so for that reason I'm not trying to pick I'm truly not trying to pick.

G

I I'm I just for the sake of protecting the record and protecting my client. I've checked it and mr.

A

Powers, I would hope that this board does. You would perceive that this board does uh act independently.

A

On each case, um and and that is what we're charged to do and and I I would hope that we continue.

A

To do that, yes, okay, okay, miss nip! So with your additional information. um Did you as far as the.

A

Distances to the surrounding homes, do you have anything to add to that, because that seems to be.

A

The new information that was uh requested of you and that you supply yeah, actually we we found some.

E

Information that look- you actually have it near, so I'm just going to call susanna a witness, because.

E

um She's got some information that actually disputes what mr balor said in the first meeting.

A

Okay, so um then you're gonna go ahead and be a witness for miss net. Yes, sir, okay, you can proceed.

E

Did you want to share your pictures? I can do that. Would you like me to submit into evidence what we.

E

You said to be in now. I think yes, at four points we do have evidence to submit so how.

F

Would you like us to handle that go ahead and talk talk about the evidence, talk about the the.

A

Documents that you want to enter into evidence show them to mr powersocks.

A

And then give them to mr dixon and at that point he'll label it and we'll enter those.

A

Into evidence, okay, I will need a couple of them back if I'm asked to read them.

E

Unfortunately, you can keep those until the testimony is over very good. Thank you.

F

Thank you for your time this morning, um as a home-based business, miss nibs seeks.

F

To provide daily care for household dogs, while their owners work and intermittent.

F

Forwarding services, when her clients travel no more than six additional dogs at any given time.

F

Operating hours for daycare, clients would be 7 am to 7 pm. The dogs are cared for in a cage-free fun.

F

Safe nurturing social family home setting and are supervised 100 of the time indoors and out.

F

Overnight boarders sleep in appropriately sized dog crates in a finished area of the lower level.

F

A portion of the yard is fenced. Miss nip, has a lifetime of experience with dogs, rescue therapy.

F

Service and personal, the nips personally owned, four dogs, two of which are registered service dogs.

F

Her elderly yorkies is a retired dental working therapy dog her resume includes managing a.

F

Successful dental practice, fostering for a dog rescue organization and providing dog walking.

F

Services, the applicant is seeking permission to provide daycare and boarding services.

F

For up to six additional dogs on a variable schedule to accommodate her clients needs this.

F

Is a much needed, highly respected and appreciated service in the local community, woodbine wolfpack.

F

Has quickly grown a cohort of loyal clients has a waiting list and has many positive public reviews.

F

Traffic disruption is negligible, since the nip property is the first driveway.

F

On the left of john pickett road off woodbine road and she deliberately staggers the arrival.

F

And departure time to ensure individual and unhurried drop-offs with time for instruction.

F

As clients pull up, ms knit takes custody of the dog directly from the car.

F

And returns them to their owners in the same fashion. At the end of the day, the driveway abuts.

F

A double garage and is ada accessible, the dogs and their owners are temperament, tested and provided.

F

In orientation of the home prior to consideration for acceptance, an extensive vetting process.

F

Includes a comprehensive intake form, up-to-date vaccination records and licensure and a vet's.

F

Certificate certification of good health prior to admission into the daycare, and you actually have.

E

One of the new uh the evidence that was provided is my intake form, so you can actually see that.

A

Mr virusox, would you like to ask questions of her testimony well,.

G

I'm trying to I'm saying this be cooperative. It appears she's reading from the statement I'm going.

G

To withhold my objections until the conclusion of that, I have never seen an intake document.

G

I I do not know what they have put into the administrative file.

G

In advance of today's hearing since may 26, but if we intended to become mr paris- and I I totally.

A

Understand that, but as as the opposition attorney, you have the opportunity to go ahead and ask.

A

Questions about that, so you can ask that of her testimony. Well, what I'm saying is the intake sheet.

G

Is being offered as evidence, I haven't had an opportunity I'll be happy to give you a copy of.

G

And any other documentation that we've placed into the file.

E

And I'll provide my insurance liability insurance as well.

G

You can resume your statement, I'm going to withhold my objections to you.

F

Does miss nip, does not approve or retain aggressive, destructive.

F

Sick dogs or dogs that vocalize unreasonably miss nip's business is insured under her care. The dogs.

F

Are on a structured daily schedule for indoor and outdoor playtime activities, eating toileting.

F

And sleeping the day is organized much like a children's preschool schedule when outside in the.

F

Fenced area, they generally stay close to the house unless fetching a toy or playing with one another.

F

She she shares photos and videos with the dog's owners throughout the day. I would.

F

Caution against a disproportionate weight on the term commercial. Please note that the definition.

F

Of commercial kennel in the zoning ordinance does not specify a minimum or maximum number of dogs.

F

Discretely run doggie daycare in the ag zone is home based with minimal traffic.

F

Negligible commerce offering services from approximately 7a to 7p, it involves no breeding.

F

Buying leading for hire training, services or sales, there are no hospital services.

F

There is one part-time 12-year-old volunteer helper. The planning department noted that.

F

The proposed use would not have a major impact on traffic and was consistent with.

F

The zoning classification under section 158.070, in fact this home-based business, is much less.

F

Disruptive to the surrounding community than a home daycare with eight to twelve children.

F

Which is a principal permitted use in the ag zone and a conditional use subject to presenting.

F

Administrator approval, after a public hearing in all residential zones, the doggie daycare does not.

F

Add residential development and creates no change to the existing density in the area.

F

We submit that conducting a doggy daycare at this location, as described and with the overwhelmingly.

F

Strong support of surrounding residents and clients and indispensable service to the community.

F

Is without detriment to the neighborhood and does not adversely affect the public interest.

F

Indeed, it serves the community and is highly valued by its members, since there is no probative.

F

Evidence of harm or disturbance in light of the nature of the zone involved or of factors causing.

F

Disharmony to the operation of the comprehensive plan, we propose that woodbine wolfpack doggy.

F

Daycare and boarding passes the schultz birthprints test. The zoning office provided.

F

Six similarly approved bza cases, the first pages of which are included in missnip's.

F

Application there are likely many more than six the most comparable case number 5967.

F

Is a conditional request for a doggy daycare and multiple variances to adjoining properties.

F

The subject property is on 1.39 acres in the subdivision of taylor field acres, the.

F

Bureau of comprehensive planning found it was not inconsistent with the carroll county master plan.

F

The bza agreed and the request met the purpose of the zoning organ ordinance and would not.

F

Generate any adverse effects on the surrounding community, um mr varasaks, I'm going to object to.

G

That on what another conditional use case in another location, yeah- and this was your.

G

I want to try to be as fair as I can. I would just.

A

Base these on their own merits, not on other not on other approvals, so so.

A

I did I just want to caution you that that that that has that should not have any bearing in our.

A

Decision other cases we we look at the merits of every case, the setbacks, uh the impact on the.

A

Community, uh the variances that are required uh in each case, so each one is very different.

A

Than the number of doll cases that I've heard over the years, I can't say that any two of them were.

A

Anywhere close to being the same, so I just want to just want to say that so go ahead. Ms swisher.

F

Since ms snip is a newcomer to the county, we appreciate the board's hospitality and providing.

F

More time for her to amend her application, ms knib reached out appropriately to the zoning.

F

Administrator's office for help with filing her application and, as previously testified, contacted.

F

The health department she became insured and conscientiously followed all instructions.

F

She was given in part one of this hearing on may 26. Mr bowersox recommended that the board.

F

Dismiss and denied ms snip's request, because the variance portion of the application was incomplete.

F

Section 158.133 d, 4 states from the ordinance upon receipt of an application or appeal made or filed.

F

Pursuant to d1, the zoning administrator shall review the application or appeal for completeness.

F

And shall redirect reject those applications which are not complete.

F

And then the cover page of the application packet says, incomplete applications shall be.

F

Rejected, as required by the code of public laws and ordinances, section 223-188, this.

F

Implies that the application should have been returned to the ms nip for amendments prior to.

F

Processing for the original hearing on may 26th and prior to the planning department's analysis.

F

During part, one of the case, there was very considerable emphasis placed on the.

F

Northwest corner of the nips fence, not meeting the distance or setback requirements to the bosses lot.

F

According to 158.060 of the county code, measurement of separation or distance between uses.

F

It is not required to clearly the fence is an integral essential and necessary part of.

F

The composite whole of the business operation- it is also integral to the safety of the nip's.

F

Grandchildren and other guests, when they visit and integral in providing security from trespassers.

F

Or vandals, it is not the structure of the kennel, the measurement from the corner of.

F

The nips fence to the corner of the boss's lot is not the correct standard to be used in this case.

F

According to section 158.060 of the county code, measurement of separation or distance.

F

Between uses states when measuring a required separation between uses distance.

F

Shall be determined from the nearest point of the structure occupied by the use requiring separation.

F

To the nearest point of the boundary of the lot from which the separation is to be established,.

F

The zoning administrator's office provided measurements as a supplement to the amended.

F

Application, which should be before the board clearly demonstrating the proper taking of the.

F

Measurements, that being the shortest distance from the structure of the nip dwelling to the.

F

Nearest point of neighboring boundaries, the measurements show that a distance variance.

F

To the boss's property is not required because it is greater than 200 feet away.

F

And I would like to uh submit enter into evidence exhibit that I will call number.

F

Two we'll let mr dixon go ahead and label those okay and pass them to the foundations.

G

G

Do you want to explain to them before you offer that to be admitted? What the second page is.

F

It is a zoning map um measuring the distance between the dwelling of the knit slot and.

F

And the corner of the boss's, I have no objection to that coming in as evidence I just wanted it.

G

To be clear, what it was, um I believe, that's possibly. Applicants exhibit one, I think so. Yeah.

G

So I'm not going to object to it.

G

That doesn't mean I I am not going to question it or using cross-examination.

A

Are there additional documents there you want to enter into the evidence that mr powers picture.

E

Some pictures about- and you already have that one, which is the intake form.

E

In your file and insurance thing that has 217.1 feet, that's going to be exhibit one. Yes,.

B

Exhibit 2 is going to be.

B

B

Page 365., mr barristax, exhibit two was going to be booked. I think it's not my exhibit.

B

All right exhibit one is going on enough, exhibit one will be uh it's 217.

B

Feet all right, that's exhibit one, and I don't know what these other things are. You just handed.

E

It it's just uh exhibit just showing the daily operations. It shows how the kennel is set up. The.

E

Dog daycare and some pictures you could object, I'm lesser I and again, I'm not I'm not trying to pick.

G

I'm just trying to protect the record unless they're somebody else's identify and in order.

A

For them to be offered as evidence they have, it has to be explained to the board sure.

E

So the first one shows the indoor area of the kennels one of the play areas and rainy day, indoor.

E

Grass play areas, so we don't always have to be outside all right. Could you write exhibit one at.

B

The bottom of that, so I should put that uh what is exhibit two exhibit two examples. I thought two was.

I

The first page of the deal- no that's exactly so put, exhibit two on that and then I'll put it there.

B

So what is exhibit one exhibit one. Is the map yeah there's the thing that had 217s.

B

What's exhibit two, this picture that picture okay, what is exhibit three.

B

She's gonna write down, exhibit three and I'm gonna put the sticker on it. Okay, so what is exhibit two.

G

This picture, it's a photograph, so two and three are two photographers yeah. We have them all we're.

E

Not gonna, I'm just trying to I gotta make a score card, so I'm gonna keep traveling she's gonna write.

B

It down and I'm going to put a sticker on it when I get it first page of the boss's deed. I'm sorry.

I

First, page of the boss's deed: that's this! We haven't gotten that okay she's going to write and.

B

I'm going to put the sticker on what number do we want this one, because this this actually goes with.

F

The mat showing the distance from the nip dwelling, the first page of the deed, explains where to start.

F

Measuring I understand, but we're gonna we're gonna read we're gonna, read you there all.

E

Right, this next picture is the entrance to this area, the dog area and it's taking a picture from.

E

The doorway, where you can not really see or very slightly see the boss's property.

E

The next picture is one of the neighbors up the street. Can we.

E

Get our little puppy fix on and visiting the dogs that we have.

E

The next picture are the dogs laying nicely and quietly in the yard, relaxing all sleeping.

E

The next picture is the ups man who likes to give the dogs treats when he comes up.

B

And you're putting the number on these next, she says next picture you're, putting.

B

Numbers on these pictures- I am is that okay, okay, that that's what I'm wearing.

B

When you finish with all those pictures, show all those pictures to mr bowersacks, this next picture.

E

Is my grandson in another indoor area- and this is rest time- this is winding down for the night.

E

And the last picture we have a little competition between the ups man and the.

E

Male lady- and this is what our front looks like and we get boxes with dog treats on them.

E

So it's a little fun neighborhood! That's it just some. Some fun pictures for our business.

B

Now, if you want to include that in front of your desk, you want that number.

B

Put put a number on that and show it to mr barrus and so he'll have all the documents.

B

And if you want to include this intake form, uh put a number on that and give that to mr parasites.

B

Well, you already have that so unless he wants it, do you want it.

B

If you want to include that in the record, you need to put a number on it and give it to mr bowersacks.

C

C

A

Bring them to mr dixon.

E

A

So what do we have one through ten one through ten.

A

So applicants exhibit 1 through 10 will accept those into evidence.

A

Without objection, um I'm not going to I'm offering no objection, it doesn't mean that I'm.

G

Joining in their introduction, or that I'm not going to question them: okay, very good! Okay, mr.

G

Bowersox, do you have questions of miss swisher's testimony? I do. I do good morning. Miss wisher.

F

um Mr bowersox testified on the during the may 26th hearing that he represented the bosses.

F

Who reside across the street at 7571 john pickett, and that the corner of their lots abut the corner.

F

Of the subject site, I was having a difficult time visualizing this since the boss's property.

F

Is across the street and two lots down the boss's residence is not even visible from the nips.

F

Back deck, nor is the nip dwelling visible from the front of the boss's home. According to the image.

F

That was entered into evidence at the previous hearing looking closer at the zoning map. It would.

F

Appear to the naked eye that they do not meet if we were to compare the two deeds side by side.

F

And measure the distance of miss nip's lot from the starting point at the intersection of woodbine.

F

Road and john pickett west to the distance of 289.06 feet according to the deed and measure.

F

Mrs balls's property line 100 feet from the southwest corner of her lot. When john pickett.

F

Headed east, we would discover a gap measuring approximately 16 feet.

F

Indicated indicating that the properties fall short of one another and do not adjoin.

F

And I would like to submit into evidence those measurements that I just described.

F

You have copies of the deeds and it shows the starting point from the nips property at the.

F

Intersection of woodbine and john pickett, and then this would be entered in as evidence number.

F

11., yes, collectively is 11 or uh collectively as eleven.

G

I can vlog here this.

G

Mrs swisher, where do you obtain these maps.

F

The carroll county uh website maps- okay, you did not commission a survey for these.

F

No okay, acknowledging that the boss lot is across john pickett road.

G

Are you aware that these zoning maps are based on boundary lines shown on tax maps.

F

General tax maps.

G

And you're aware, the tax maps are somewhat notoriously inaccurate in terms of locating.

F

G

A

So we'll we'll enter these documents into evidence as applicants number 11., eleven and twelve. I.

A

Believe, wasn't it eleven and twelve prediction or collectively is election collectively is eleven.

A

Please let me know when I may continue. I'm sorry, please let me know when I may continue.

F

I didn't know you can go ahead and continue. Okay, thank you. Thank you. Miss nifft stated that she.

F

Did not realize there was an issue with zoning until the zoning administrator's letter appeared.

F

In her mailbox upon ultimately discovering the identity of the anonymous neighborhood tipper.

F

And in an effort to reconcile with her neighbor outside of court, ms knit sent a personal letter.

F

To mrs carla boss, which was hand delivered personally to miss boss by their mutual.

F

Male carrier- and we have the letter here- ms nick- would like to read it. If that's okay,.

A

Okay, this is this is her own letter, correct.

E

I personally wrote it to her and placed it in the mailbox.

E

I mailed it for the united martial service to deliver it to hi carla. I know we got off on the.

E

Wrong foot as neighbors by me, not notifying you of the dog daycare and boarding business.

E

I apologize that and certainly do I apologize for that and certainly do not want to upset you had. I.

E

Have known or been given the proper information in the case in the first case, then, I would.

E

Have taken the appropriate measures in zoning approval? I really wish you had just come up and.

E

Had a conversation with me and all of this could have been avoided. I spoke with all my immediate.

E

Neighbors and received their approval upon starting and would have done the same with you.

E

I know that you are aware of how meaningful this business is to me.

E

My neighbors and the community. I would really like to see if we could work something out and.

E

Call a truce by coming up with a mutual agreement to satisfy both parties. I will have my attorney at.

E

The next meeting, which I thought I was gonna have so I apologize for that um in june, which would.

E

Cost us both a lot of unnecessary money to show my good faith. I removed my fence sign because I know.

E

This was one of your concerns. I also am assuring you that I will not have more than 10 dogs at once.

E

Nor will I use my detached garage in any way for the animals, I'm a responsible person and I hope.

E

You are too, since we know some of the same people in the community and we are neighbors.

E

I hope that you will reach out to me before the next hearing sincerely regina.

E

Nip with my cell phone number and my email address, and I have not heard from miss boss.

E

And we should do you need to see a copy of it? Do you want to enter that into evidence? Yes,.

F

This will be number 12, 12.

A

We'll accept that into evidence.

G

A

Okay, miss wisher. You can continue. Yes, please thank you.

F

This should be the last piece of evidence to enter, and this is a picture of the tax map.

F

And it's the neighbors that wrote letters of support are indicated by stars on the text map.

F

Number 13. the question: these letters are already in the file. Yes, they were submitted first.

F

They're gold stars.

G

I'm going to object, the letters are already in the file I went through with mr dixon at the.

G

Conclusion of the may 26 theory to verify certain addresses of those who would send letters in.

G

The visual representation to me seems as much like a proficient as anything it's surplus.

G

To what you already have, as this board knows, zoning is not a plebiscite uh and I'll object.

G

To the receive it, I'm not going to go through any histrionics, I'm just. I don't think it's necessary.

E

The reason we're doing this is so that you can see that each.

E

Neighbor that adjoins my property has written a letter in support, and this boss does not.

E

Join my property and she's, the only one that's objected to it. So that is the reason for this.

E

Everybody I'll I'll allow that to be moved into evidence.

A

It supports what's already there in the file.

A

Mr dixon, what are we up to now? 13 13.

A

We'll accept that into evidence.

A

Okay, mr swisher, here we have all the truly adjoining neighbors actively in support of or.

F

Giving the green light by not opposing this nip's home business and the one neighbor in dispute.

F

Is ironically, the furthest distance away at 217 feet 17 feet more than that, I'm going to object.

G

I'm going to object, this sounds like advocacy and not testimony at this point.

G

And I'm sorry I'm trying to be blind. I really am.

A

The the language could you amend that language, ms swisher? Yes, in that statement.

F

The tax map and the supporting letters show that there is support from the surrounding neighbors.

F

And the opposing neighbor is the furthest one away at 217 feet.

F

Exceeding the distance requirement and not adjoining.

F

According to the tax maps and public record.

G

For the record I'll note, a continuing objection to mrs swisher's comments.

G

That are not representations of fact. I don't want to continue to you know, and I and you.

A

Have that opportunity and you're questioning mr powers to bring that down? Okay, okay, mr swisher.

A

I'm finished. Thank you. Okay, mr power socks. Thank you. Questions of miss switcher's. Testimony.

G

Ms swisher um good morning, what is the source of your information in the statement that you read.

F

Which part of the statement the whole thing? um The carroll county government website, the zoning maps.

F

That are available the tool, the measuring tool to measure distances. Okay, let me let me rephrase.

G

That, because I'm not trying to run you down a dark path here, you testified initially that this is a.

G

Use offering daily care no more than six more dogs. What's the source of your information.

F

Ms nick has previously testified that she owns four, so there's nothing new in that.

H

No okay, these are I I mean this. These are not trick questions you said, there's a fenced in yard,.

G

um What's the source of your information about that.

F

Pictures that you share shared at the last hearing, as well as the diagram that ms smith provided. Okay.

G

The varying schedule of uh interaction with the dogs or customers, I'll call them at the nips.

G

Nips facility, what's your source of knowledge about that.

F

Okay, so and I'm a client sorry.

F

I'm also a client, okay, no sicker, aggressive dogs, same source of information is that correct.

G

Do you, where do you live in relation to the.

G

Facility, seven miles away okay, so I don't need to ask you can't see it from your house.

G

You testified no hospital services source of that information.

F

Miss indoor and outdoor facilities is that something you've seen yourself. Yes, I'm a client.

G

Is the outdoor facility generally within the confines of the dashed line on the map.

G

That was prepared by mrs nip and introduced as evidence before, as if I can find it.

G

Exhibit one yes, opponents exhibit one okay. That seems accurate, based on your personal, all right.

G

And you say the zoning office, provided you the information about other cases.

G

What was the nature of that was was that, pursuant to an inquiry from you,.

E

G

What was the nature of your request so that I could research and watch videos of past.

E

Cases and be prepared for today, and what did you ask in your email? I can't remember exactly just if.

E

You could um you know if you had any reference for me to look at so that I couldn't prepare myself.

E

All right and then they are public records, and so they gave you a roster.

G

Of cases that you might be interested in correct, okay,.

G

And were there more than just the six that you uh had spoke about earlier? Yes, okay,.

G

But you picked those six correct.

G

And I'm not even going to ask.

G

You say that you believe.

G

The application should have been returned.

G

If there was, in fact, other uh variances that needed to be requested, is that correct.

F

The zoning code states that incomplete applications should be returned to the.

F

Applicant we're amending okay, but so you took back the mean that.

G

The zoning administrator's office is to assist you in having a complete application.

J

E

Now yeah, I actually did ask for assistance.

G

You also talked about.

G

Not needing to have the distance measured from anywhere, but the.

G

Home is that correct the nip residence? That's what the code.

F

Okay, I'm gonna show you.

I

G

As opponents application- it's two pages, so can you identify what those pages are.

E

So uh this is what I had to. Okay, just for the record yeah miss swisher is testifying. It's not.

B

A joint testimony, only one person can testify at a time. Okay, this is uh the bza application.

F

The first block is a request for conditional use as a commercial kennel to operate as an income.

F

Doggy daycare and intermittent boarding service for up to ten dollars. The second block is the.

F

Multiple distance variances and um due to neighboring lot sizes of less than three acres.

F

In the ag district- and the second page is a table of the surrounding the second page is the table.

G

That mr dixon wrote into the record previously: isn't that save some time? um Let's look at the.

G

Let's go to something else right now, if you could.

C

Take a look and what was introduced in may, as exhibit 4 proponents, exhibit 4.

G

Can you tell me if you recognize that.

B

Yes, mr wisher you're, the witness I.

F

I saw this. um I did not see this personally, I saw an image of it on um an email. So do you know.

G

What that is? Yes, it's the first application. Okay, it's page, two of the first application.

G

And this was some of the language that we talked about needing to be amended.

G

At the end of the hearing, is that correct? Yes, so so, let's look at the conditional use. First.

G

In proposed exhibit 7 that I've, given you, which was your amended application.

G

How does the conditional use request differ from the original conditional use request.

G

In exhibit four opponents.

F

It differs by uh the second.

F

Application states what will not be happening. No grooming training, breeding selling outdoor.

F

Kennel runs or other similar structure, okay, and are there any other differences.

F

uh Ms smith had added up. You know additional comment on her first application, stating that.

F

They are never left outside alone, always supervised kept in crates at night. Only.

F

In the finished basement, 10 dogs or less fenced yarn read the first sentence and second sentence.

G

On the original page, two of the application on exhibit four.

F

The second sentence: they are never left outside alone,.

F

How about I read it, for you tell me if this is what you're saying.

G

Conditional use for dog day care and boarding home and yard used to board and play with pups.

G

Is that part of the conditional use statement seen on the amended application.

G

H

No, why did you prepare this? We work together. Why did you delete that language.

F

To make it more concise,.

G

And you've testified that you yourself have seen the.

G

Dogs outside is that correct. Yes, you offered photographs showing the vlogs playing outside.

G

At various times of day, correct.

G

You offered those photographs through your testimony. Am I right.

F

She provided them, but yes, if they were part of my testimony, okay and you indicated in your testimony.

G

G

Involves structured indoor and outdoor activities.

G

For the client dogs on a daily basis, is that correct? Yes,.

G

So why delete the reference to the yard? Is there another outdoor space.

G

Besides the yard, where those activities take place.

G

So the confines of that outdoor activity is still the fenced-in yard that we talked about on mar.

G

On may 26th, correct and the detached garage is where these animals are dropped off in.

G

The morning and picked up that's incorrect. Okay, where are they dropped off and picked up.

F

There is a gate and defense close to the garage, oh, but they come in the driveway by the garage.

A

Mr barstock, could I interrupt you for a second. You may.

A

Let's go ahead and take about a five minute break right now: okay, that's fine and we'll come back.

A

Come back at 10, 55.

G

Mr bowersox, thank you.

G

Before I get back to what I was doing, mrs swisher, um the exhibit number 12.

G

The letter to ms boss from in his nip you don't have any particular knowledge about.

G

How that was written or anything just that it happened? No, I was aware when it took place and.

F

Regina shared with me prior to sending it and okay, okay.

G

G

If I may, mr dixon I've placed the exhibit seven mark for identification.

G

uh Your receipt uh during the break and I move it into evidence.

G

Okay, before I forget it: okay, we'll we will accept that end. Evidence.

G

Now, when we, when the board broke, we were talking about the outstore outdoor areas.

G

And the amendments to the application.

G

You would mention that the distances asserted in the new application on exhibit 7.

G

The second page were based on section 158.060 of the code. Is that correct.

F

um 158.060 is the county code for measurement of separation or distance between.

F

Uses do you have a copy of that with you? um I have a cut and pasted copy. I don't have.

F

An original all right: do you have the third sentence of section 158.060 before you.

F

Now I only have the electronic version on my phone- I'm sorry, but if you'll bear with me I'll read it.

G

Let me let me first in fairness: go through the first sentence, which is, I believe, what you were.

G

Talking about when measuring a required separation between uses distance shall be determined from the.

G

Nearest point of the structure occupied by the use requiring separation to the nearest point.

G

The boundary of a lot from which the separation is to be established does that sound familiar? Yes,.

G

Did you review the third sentence of that code? Provision yes, and that says in the.

G

Case of an outdoor principle or accessory use requiring separation from another use.

G

Distance shall be measured from the nearest point of the outdoor use to the nearest point.

G

Of the boundary from the lot of the lot excuse me, from which the separation is to be established.

G

Does that sound? Does that basically sound like what you're reading there? Basically okay, so we.

G

We've established your testimony and the testimony previously that part of the operation is outdoor.

G

Activity structured outdoor activities within the fenced-in yard, so my question to you is: why did.

G

You again elect not to measure the distance for minimum distance requirements from the outdoor use.

F

Because the code states that it should be measured from the nearest point of the structure.

G

What do you think the third sentence means.

F

Well, I don't have the specific code right in front of me, so I don't recall the third.

F

Sentence all right, the third sentence says in case of an outdoor.

G

Outdoor principle or accessory use requiring separation from another use.

G

Distance shall be measured from the nearest point of the outdoor use to the nearest.

G

Point of the boundary of the lot from which the separation is to be established now hearing that.

G

Are you reminded that that's what the third sentence.

G

Of section 158.060 of the zoning ordinance says.

F

I am reminded so why would you not for the outdoor aspect of this use.

G

Measure it from the nearest point of the outdoor use to the nearest point.

G

Of the boundary of the lot from which the separation is to be established,.

G

As the language of the code provides because the first sentence uses the term structure.

F

Occupied by the use and the house is the structure occupied by the daycare and boarding service.

G

But you've also indicated again structured daily.

G

Activities, indoor and outdoor and we've got a bunch of photos and evidence of.

G

Outdoor activity dare say, we have more of those than the indoor activity.

G

Correct! That's! Wonderful! Yes, happy dogs.

G

All right, so you live seven miles away. You say the traffic disruption is negligible.

G

In your testimony, correct, yes, all right and you're not uh and I'm not trying to be flat.

G

You're, not a traffic engineer, a traffic expert. No, however, the um planning commission.

F

Is- and they noted that in their comments, okay, so how often do you have to observe.

G

The site during the day I am there once or twice a week twice a day, each time for drop off and.

F

Pick up and um and my dog has bought it there, so this is your late person's opinion based on.

G

Those isolated opportunities during the week, you have to observe well we're also friends. I go over.

F

Socially, okay, but but this wasn't the result of a study or anything that you wanted to talk.

F

Was what the traffic the traffic disruption testimony that you get.

F

um There was uh that was the comments submitted to the bza.

F

Through hannah weber, okay, so you were referring to miss weber's documents.

G

G

With the board's indulgence, please.

G

Were you aware that mrs nibb actually started operating in february 2021.

F

I think that was mentioned in her first testimony.

G

Do you know when the letter that you introduced, as exhibit 12, was mailed.

G

You said it was hand delivered. Mrs nip said it was mail. Do you ever know when that was mailed.

F

I don't recall the date off the top of my head, but miss sniff. Has it right here? That's.

G

There is it dated yes,.

F

My understanding is that it was hand delivered by the mail carrier.

F

Because a package was also handed to ms nip or to miss boss at the same time as the letter.

E

G

Okay, let's move on from that.

G

I don't think I have any further questions for mrs.

G

Miss worship. Thank you very much board members. Questions of miss swisher.

A

Mr caldwell, any questions.

K

Go ahead. Yes, yes, answer questions you had provided into evidence of.

K

A part of a deed that specified the needs and violence dimensions of the mrs boss's lot.

K

That's correct: um can I ask mrs boss, if that was ever surveyed recently by a professional.

K

Surveyor licensed to verify that the lot was exactly as stated in the meats and bounds.

G

I I'll let her answer. You may answer this question. My property has not been surveyed to my knowledge.

K

Do you have an original survey of when you bought the property that was done by a licensed surveyor.

L

You bought it 33 years ago, so I'm sure I do somewhere, but.

L

Because they are subject to errors, so my point of my question was: I have a.

K

Concern that the measurement may not be precise to the corner of the lot.

G

This was not a subdivision lot. This lot was, I believe, in existing a lot. I'm speculating that.

G

There is as good a chance as not that when the bosses bought their property 30 some years ago,.

G

They didn't have it surveyed at that time, except for possibly 30 years ago, 30 some years ago,.

G

The bank lending could have required a location survey which is not the same as boundaries correct.

G

Yeah, so the only one that's valid is actually one. That's done by a licensed surveyor so well.

K

For fancy amount of persuasion, so my concern is the distance measurement, therefore, is in question.

K

We don't know how accurate it is, how accurate what is it the distance between the structure.

K

Or the fence and the corner of mrs boss's law, we don't know exactly what that is right.

K

I mean you can't unless you have a surveyor out there right, that's right, not precisely, but that's.

G

The applicant's birth- that's not mrs boss's right. I was just trying to find out if miss.

K

Boss had never had a professional survey done, apparently not so the distance then.

K

Is the question we don't know precisely well, mrs nip acknowledged during the march 26 proceedings.

G

That the distance from the corner of the boss lot to the fence was certainly less than 200 feet.

K

Okay, I have no further questions.

D

No questions. Thank you now.

A

Okay, miss nip. Would you like to call another witness.

A

Okay, so any testimony of your own, I'm yeah, I'm prepared to give a closing statement. No, no we're.

A

Not ready for that! Oh okay, I'm sorry! So! No okay, mr bauer, socks, I'm gonna! I am going to call mrs nip.

G

Light enlightened certain of the evidence that they have presented today.

G

For just a couple brief questions: okay, mrs nip good morning, um I'm.

G

The letter that was introduced, as exhibit number 12, was that was that dated. Yes, the.

E

Date is on the letter that mr dickson now in that there's some discussion about. You wish, mrs.

G

Boss would have come and had a conversation with you about her concerns. Is that right? Yes, yes,.

G

You sent the letter after the first day's hearing correct, correct right and how many times did you.

G

Reach out to mrs boss or other neighbors before you applied or before the first hearing date.

G

To find out if there were any concerns, and just so what there were, I had never met miss boss, so I did.

E

Not reach out to her at all prior to starting a business, but as far as the other neighbors.

E

The other surrounding neighbors, the four actually five across the street, who did not write a letter.

E

But she has no problem with it. I talked to them numerous times and got their support before even.

E

G

And you are still operating the outdoor part of your operation within the fenced.

G

Area we talked about a month ago. Yes, sir okay, I have no other questions from mrs.

G

Board members questions of um miss nips testimony. I have a question: how often are.

M

The dogs outside and how long it depends on the weather. So the really hot days they're only out.

E

There about 10 minutes at the top of each hour and then they come in and have indoor play area.

E

But if it's a beautiful day, we try to be out there as much as we can.

E

But they're not running and playing the whole time they're resting, which is why I provided a.

E

Picture of them sleeping in the shade, and but I'm out there all the time with them. We try.

E

To exercise them as much as possible, that's what people want me to do: give them a tired puppy back.

E

Thank you, you're welcome. Okay. I've got a question just to clarify this.

B

The letter to this boss is 12. yeah, so this exhibit has got 11 and 12.

G

That was 11. that was offered and admitted as 11, although it was marked as 12.

G

That's what you told me.

C

I'll take the twelve. Are you good, mr dixon? uh Let me just make sure.

A

Mr simmons any questions of missing a test. Well, then see the certificate of liability has 11 too.

B

So I've got two things that have the same number.

B

Can you make one of them 1180, okay, I'll, make certificate of liability 11a.

A

Are you good, are you you have the legal house in order now, okay,.

B

We're good now specifically get a liability, 11a.

A

Without objection, mr bauer's office without attraction; okay, as long as I get a roster.

G

When we're done so, I know which miss swisher am I permitted to ask several questions of.

F

Miss boss, she hasn't been called as a woman. She had. Yes, she hasn't been called as a witness.

A

You can't she has there's no testimony for you to ask questions, though,.

A

Okay, mr firestocks, are we ready for summation? um I'm gonna call carla boss, uh whether I do it or.

G

Not or whether I I am gonna call her, I'm not sure that ms swisher has any standing to cross-examine.

G

And she doesn't, I mean again I'm trying to be polite, but I'm trying to protect the record.

G

Could you identify yourself for the record you name and address carla boss, 7571 john pickett road.

L

Goodbye maryland, okay, what do you do for a living, this boss, assistant, store manager for wise markets.

L

All right and you live at that address. How long have you been before 33 years and do you own that.

G

Property we do um and the corner of your lot lies across john pickett road from the nip property.

G

Correct that's correct: can you clearly see the nip property from your home? We can okay.

G

Have you since february, been aware of mrs nip operating some sort of a kennel type operation.

G

On our property, have you seen the dogs outside we have? Okay? Can you hear the dogs? We can? Okay, so.

G

How often are the dogs outside miss nip, usually starts at eight and they're out.

L

For four or five hours, which then they'll do their nap time and be back out there.

L

In the afternoon, through the dinner hour, all right you can hear the dogs most definitely is.

G

There any particular place on within the fenced-in yard. Let me let me let me withdraw that question.

G

When the dogs are outside within the fenced-in yard, that we saw in may 26 in the exhibits and.

G

We've heard about today: yes, okay, how many at a time are out there, we've seen as many as nine.

L

At a time, okay, so is there any particular part of the yard where they congregate or.

G

Are they all over it or uh it depends? uh Lately, they've been more towards the middle of the lot.

L

And towards john pickett, but they do spend time wherever they're at on that lot, we can hear them.

L

Okay: let's talk a little bit about the neighborhood. How would you describe.

G

The neighborhood we're small homes, small lots, wonderful neighbors lived here for 33 years with.

L

No problems, residential residential single family, single families, to the best of your knowledge, are.

G

There any commercial businesses in the immediate neighborhood, not in the immediate neighborhood.

G

And the nip lot: is it actually a little larger than uh say your lot or other? He wants in the.

G

Neighborhood, it is all right. Has there been to the best of your knowledge, a commercial.

G

Business in the neighborhood in the 33 years, you've owned your home now so you've heard.

G

You've heard the testimony from both days today in may 26th. What concerns do you have about the.

G

Operation as proposed by mr first, that it's a commercial business in a residential neighborhood.

L

The noise we hear them, you know, like I said, no matter what part of the lot they're on.

L

We hear them we're very concerned about the value of our property. We've.

L

Spent 33 years investing in this as a home and as a property and to have a commercial kennel.

L

Within feet of your home, simple little things that you take advantage of, that you think you don't.

L

Think of we can't keep our windows open anymore, because that's all we hear for the dogs barking.

L

So our concerns are that we want to be able to retire in our home.

L

And we're both outdoor people, we have outdoor living areas, we've spent 33 years.

L

Building outdoor living areas, when I'm not at work, I'm either in my kitchen on the deck.

L

Or in one of my living areas in my backyard, and it doesn't matter where I'm at I can hear those dogs.

L

All right um do you have dogs? I do have a dog all right. What kind of dog do you have a pitbull next.

G

And you heard the testimony from may that mrs nip has participated in a typical rescue.

G

In the past, although she says she's not.

G

Interested or planning to resume any uh rescuing those animals on her walk. Did you hear that.

G

I did okay, would it concern you if pit bulls were on the knit property it would.

L

They are a dog that you do need to work with. We rescued this dog because we have new children at.

L

Home and I have spent four years rehabilitating this dog and they're- just not a breed that unless.

L

You're familiar with where they've come from as a puppy, that you can trust so for me it would be any.

L

Rescue across the street would be a problem, but pit bulls in particular, we require a great deal.

L

Of food very much a great deal, we have trainers and we spent a lot of time with this dog. Okay.

G

So there was testimony at the prior hearing.

G

About a four by eight foot sign that was located on the fence.

G

Visible from john pickett is that correct, invisible from john pickett and woodward.

G

All right is that still there, okay, um you heard, let's, let's assume for a moment.

G

That somehow or another there's going to be some dogs in the yard, at mrs nipp's residence.

G

You heard her testify that she has absolutely no plans to erect.

G

Any noise mitigation, landscape screening or a visual buffer.

G

And is the john pickett side of her lot.

G

Exposed it is there's nothing there to do any of those. No all right.

G

What are your concerns? Do you have any concerns about your property values.

L

Absolutely and I'm just going to say it all started, because we were working with the reloader.

L

Who told us you know, as close as that property is within feet of your front door,.

L

That an average of 10 we could be potentially losing on the value of our property, not to mention.

L

The hardship of selling the property as long as the active commercial chemical was taking place.

G

All right um now, you've been there for 33 years.

G

Your boundary is, you know, it hasn't moved in 33 years how about the boundary of the nip.

G

Property is that moved in 33 years, all right, so I'm going to ask you.

G

From the fence, the screened in fence, that's closer to closest to your property.

G

How far is that point from the corner of your lot? That's the nearest corner feet.

G

How many feet, I'm gonna, say less than 100 feet all right. It's certainly not two hundred.

L

Do you have anything else you'd like to have? No, I have nothing further.

A

Okay, miss. Do you have questions of miss boss's testimony? Yes, I do. Okay.

E

Miss foss, what steps did you take to reach out to me after you knew? I opened the dog daycare.

E

And tried to resolve, I wasn't trying to open a commercial kennel, so I made no steps to.

L

To approach you, why do you suppose that none of my immediate neighbors have complained about.

H

Objection: that's speculation, okay,.

E

I know that we're all under oath- and I know that you just said that my dogs are.

E

Out for hours barking, um that's incorrect. Are you sure you want to see objection.

G

Do you have a question she's saying something that do you have a question.

E

Like are my dogs barking constantly for four hours? They are not constantly for four hours.

L

They're out for four hours and they work sporadically for four hours on and off when.

L

The ups man comes and the mail person comes when somebody pulls in the driveway across from there.

L

And the joggers on the jogging on the street and reacting and and how do you know this if.

E

You cannot see my property that it's my dogs, that you're hearing and not two doors down that.

E

The dog's left out all day long or the house behind you, where there's a dog, that's left out.

E

All the time objection, the question assumes the truth of a matter that she did not testify to.

G

She testified that she can see it miss questions of her testimony. Okay,.

E

You discussed your pit bull. um Do you allow your pitbull to work.

L

My pitbull is never in my yard off a leash, because we have wonderful new neighbors that have two dogs.

L

And because I have a very dog aggressive dog, I we do not let our dog outside unless we walk the.

L

Dog on a leash. So if he's barking he's reacting to what he's hearing on the inside of my home.

L

To whatever is going on on the outside of my heart, so you and I have a previous conversation.

E

And it's my impression that you believe that dogs shouldn't bark because.

A

I'd ask you to rephrase, but I'm not sure how you can even rephrase that question.

L

Dogs, you don't work.

E

And you the hours that you testified, that my dogs are outside, you are.

E

Certain that that's when you see them that's correct. um I have no further questions board.

A

Members questions of miss boss's testimony. I have a question um question from miss voss.

K

It looks like there are five properties that surround you: how many have dogs so uh the.

L

We share a fence line with two neighbors and the neighbor directly across from the nips.

L

We've always had dogs, there's been two different owners, they have two dogs and I never hear them.

L

Barking, I just didn't say that what about on the? If you're, standing on your front door out on your.

K

Right hand, side they've never had any pets. uh We do have some new neighbors across the street that.

L

They say they have dogs, but I've never seen or heard those jobs. I was just concerned about the.

K

Ones adjacent to you physically adjacent to your property. They are very quiet dogs,.

L

They're directly behind you, nothing there's none behind us, I'm behind you, okay! Thank you very much.

K

Yeah, I have a question. No, I don't have any questions. So listen. If you, I believe.

M

It's run monday through friday, eight to five, you don't, but the weekends they have borders.

M

Correct or do you run your business, the entire seven days a week I do it depends I own a beach.

E

Condo, so we go a lot of away on the weekends and we go for a week at a time in the summer. So I I.

E

Have a very flexible schedule um so at that time, this boss? How often are you home if you have a job.

M

And how often in those hours are you so I have a pretty flexible job, because I'm the hiring.

L

Coordinator and so I definitely have my two days off and then I might put a six.

L

To eight hour day in or if I can go home and do uh work at home and I'll do work at home.

M

But you typically work monday through friday, no, no, my schedule's all over the place. So I don't.

L

Have a set schedule? Okay, if I may, the testimony from may 26th was 7 or 7 30 to 8 o'clock drop off.

G

Pick up beef around 7ish in the evening 7 days a week. Now that was the testimony for may 26th.

G

Okay and miss boss, you tested you, testified that you are working with a realtor. Are you in the.

L

Process of selling your home, no, we um inquired one like everybody else. When things picked up.

L

uh For financial reasons, thought okay, could we or would we, but we decided not to because we're.

L

Not sure where our third child's gonna land after school and we don't wanna, move where.

L

I can't get to all three of them, so thank you any other questions of miss boston's. Testimony.

E

Can I ask two more questions? Okay, um is this the dog that you told me personally that you had the.

E

Biggest problem with, I wouldn't know, because there were so many of them there I wouldn't be.

L

Able to tell you which reason I brought her today is because this dog was your biggest complaint.

A

That's not part of the case so and then the last thing did the house that um sold directly.

E

Behind me that connects with my property sell at a huge profit. uh Several months ago, I'm subjection.

A

She doesn't have personal knowledge of that, so she can't answer that. I'm assuming she doesn't.

A

Okay, presentation of testimony and evidence is now closed. Your adult with your indulgence, mr chairman,.

H

In light of some of the questions, mrs boss has brought a recording.

G

um That she'd like to play, please bear with me I'm sorry.

G

Now, for purposes of covering some preliminary ground, did you record this.

G

What were you going to play.

G

Did you record this and what did you record it on.

L

So it's a app that you can download on your phone, okay and it just records what.

G

Is the app just do we know what it is? It is what it's called all right and.

L

When was it recorded, uh so one of them was recorded on the 7th of may.

L

And the other one was recorded just this past saturday, the day before father's day, okay,.

G

And where were you when you recorded this, so this first recording in may, I was actually.

L

Cleaning the windows in front of my home and inside or outside I was on the outside.

L

But you I set the phone down right on the window ledge so that that's kind of an indication of.

L

What I hear uh when they're on that side on the line and have you enhanced these recordings in.

G

Any way, no, I barely can figure out how to get it to work sometimes. So I'm sorry, I understand.

G

There appears to be a number at the top of the screen, so it hits 78.90 at some point.

L

And this goes on for the entire guy.

L

And this is my bay window.

L

And if you listen closely, you can even hear the direction given to the dogs.

L

Because that's how close we are, where she's trying to calm the dogs or play with the dogs.

G

This is, may the seventh, this is, may the seventh.

L

So have you heard enough of that one? How long does it go uh well, this recording goes on for 20.

L

30 minutes, well, is what we heard representative of the rest of the recording, or are there any.

G

Anything it's louder as they get closer to the fence line. It's even louder um and.

G

Is the june, what did you say june 19th? Is that any different? uh It's no different! It's the same.

G

But I don't think this realizes. That's here.

E

Okay, listen! If you have questions of the recording. I do. I heard birds in that. I heard a lot of other.

E

Sounds so how it's not accurate to record the sound of my dogs when she had it set at.

E

78 decibels because I heard the birds louder than I heard my dogs.

E

So that's not accurate she's offering recording for what it is. She's, not an acoustical.

G

Engineer or expert she's trying to give you some sense of what she's tested by she hears regularly.

G

And did for 20 minutes when that's on may 7th and apparently june 19th on a saturday and according.

E

To the decibel meter, that's allowed is day is 65 and night is 55, and you do not hear my dogs.

A

Okay, presentation of testimony is now over.

A

Yes, presentation of testimonial evidence is now closed and summations are in order.

A

The applicants first then interested parties. Ms nip some ancient comments,.

E

This is my closing yes, okay, thank you in closing today, I would like for you.

E

To know that many sounds and actions that go on in our non-private community neighborhood.

E

Would have we have a horse arena that puts on weekend and holiday events in which hundreds.

E

Of trucks and trailers go up and down the street and they also have a pa system with announcements.

E

Multiple neighbors have dogs that are left outside to bark all day roosters. In the morning we have.

E

Someone that plays bagpipes, we have young gentlemen that drive up and down john pickett.

E

For they ride atvs and gators and we have tractors on farms there.

E

We also hear shots coming from guns, because there is a shooting range behind us as well.

E

We are in not in a community neighborhood, we are surrounded by residential businesses.

E

And commercial businesses, some businesses are run out of their homes. Some are zoned.

E

For commercial, as stated before, and it would be my pleasure to put into writing- I do not plan.

E

To have more than 10 dogs on the premises at one time, that's including my four. I will not run any.

E

Part of my boarding from the detached garage and when I move I would like to have my license void.

E

It would be an injustice to my family, clients and neighbors to have anything.

E

Other than what I have just stated, I am asking you to please grant an approval to continue.

E

My well-received dog daycare and boarding business in the community- I have the support of all of my.

E

Immediate neighbors, which have been proven by letters that haven't read in the last hearing.

E

And local business owners just a few fun facts on how our pups bring joy to the neighborhood.

E

The children on the school buses look out and wave at the pups as they go past. There's a friendly.

E

Competition between the mail carrier and the ups man, who gives the better treats. I also watch the.

E

Ups, man's dog neighbors bring their kids to the fence daily to see what pups I have for the day.

E

And locals wave to us every time we're outside there's a female jogger every morning that greets.

E

The dogs at the fence to say good morning. Lastly, since we opened this business has.

E

Donated funds to einstein, high school athletic department sponsored and supported a children's.

E

Entrepreneurship program and helped with a student toward completing his service requirement hours.

E

For his school graduation and we are about to take on a boy scout who needs his service hours as well,.

E

Thank you for your time and all of us who helped to get here today.

A

Thank you, um mr power socks and comments. Yes um bear with me for just a second.

G

Okay, um I'm gonna start um picking up where we left off in may.

G

If I may, I'd like to focus on the variance.

A

It's not worth it. Yes, let's take a five-minute break. Yes, okay, it's fine.

G

Sorry for interrupting either it's okay! You only got my own.

A

Powersock summation comments. Thank you.

G

um I've decided to move from the variance to the conditional use for openers.

G

A conditional use is a use that is generally.

G

Allowed, assuming you can satisfy all of the requirements of the zoning ordinance.

G

And not create adverse impacts at this location greater than they would be elsewhere in the zone.

G

In this instance, you've literally heard and you've heard testimony about some of the noise.

G

That's emanating from the nip property. Now the dogs, bark.

G

We're talking about two one: one and a half acre lots they're, all together.

G

In this neighborhood, these aren't larger ag or conservations on tracks.

G

The picket roadside of this property is wide open. There is some foliage along the.

G

Back, I believe it would be the northern boundary line, but it's still visible.

G

It's my understanding that there has recently been a pool constructed in the nip yard.

G

Which has resulted in the dogs favoring the nip side of the yard more than.

G

Excuse me, the boss side of the yard, more than they had been previously nothing wrong with the pool.

G

um We know that in this residential neighborhood they've requested a commercial.

G

Kennel the undisputed testimony from may 26th was drop-offs beginning at seven in the morning.

G

Running till about eight and the pickup's around seven o'clock in the evening seven days a week.

G

The drop-offs and pickups occur on the john pickett side of the road.

G

Mrs boss has indicated to you: she's articulated, I believe, quite reasonably and with some basis.

G

But she has concerns about the value of her property as a result of the.

G

Operation of a cattle-type facility on the prop on the knit property which she can see in here.

G

She has described the noise and she's played noise for you as being.

G

Characteristically different than the noise from the other neighbors dogs, they keep as pets.

G

We know the dogs are lit outside often during the day. Is there anything wrong with that? No.

G

But they're outside during the day in a portion of the yard facing john pickett road all day long, not.

G

That they're out there all day long, but these in these events happen regularly throughout the day.

G

One of the other things that's involved with this case, and it's really the heart.

G

Of the matter in order to meet all of the ordinance requirements.

G

For conditional use at this location in the agricultural zone, she has to satisfy.

G

Setbacks and minimum distance requirements that are imposed above the regular ag zone setbacks.

G

They can't do it. We submit that she can't get a variance from you for the variances on this record.

G

The purpose of allowing the amendment in today's continuation was in response to my argument in may.

G

That you should dismiss the case now, because there hasn't been an any variance requested from one of.

G

The properties, my clients, which clearly needs a variance from the minimum distance requirement.

G

That application was amended and the pertinent parts of that amended application.

G

You have seen, as exhibit seven upon its exhibit seven. It demonstrates.

G

That there's a recognition of a need to satisfy various minimum distance requirements.

G

The code provision providing for that is section 158.040, distance requirements.

G

When you look at the roster of uses- and we still have them in the ag district, because that hasn't.

G

Been rewritten as a new code you'll see that it is subject to the minimum distance requirements.

G

That conditional use in the ag zone subject to the minimum distance requirements of section 158.040.

G

Some uses, as you know, are subject to multiple.

G

Times the distance requirement, the distance requirement.

G

Is 200 feet specifically that provision says any, and this is subsection a of 158.040 any uses.

G

Or buildings subject to compliance with this section shall be located at least 200 feet from.

G

Any lot in a residence district two is the important one for this case, any lot of less than.

G

Three acres: in the a district which mrs boss's property is occupied by a dwelling not located.

G

On the same lot as the set user buildings, clearly this is a u. This is a lot that is.

G

Intended by that co-provision to be within the protections of the compliance of 158.040.

G

So where do we measure this 200 feet from.

G

Mrs nip through mrs swisher is telling you that we measure it from the house.

G

Okay, if the house is the locus of the use that makes sense, there's been testimony you've.

G

Seen pictures you've heard the recording and it's not deny that an integral part.

G

Of this operation, that's there's a request for legitimation through a conditional use.

G

Approval form is conducted outdoors for some period of time during the day.

G

Section one 158.060 was the provision that the applicant was relying on, that you only have to.

G

Measure from the building and in the case of a use, that's a building that makes sense.

G

Later on, in the same.

G

Statutory provision it makes clear that, where you have.

G

An outdoor use such as we have here and remember.

G

Section 158040 minimum distance requirements any use or building when there's an outdoor use.

G

Then you measure from the portion of the outdoor use nearest the lot deserving of the protection.

G

Of the setback or the minimum distance requirement towards the closest corner of that neighboring lot.

G

It's been admitted that that corner by the applicant is certainly less than 200 feet.

G

You've heard from mrs boss, it's probably less than 100 feet,.

G

So the boss lot still is not included within those lots for which variances are requested.

G

By the amended application, let's take it a step further if we're measuring from that part.

G

Of the outside that part of the fenced area adjacent boss,.

G

The boss lot's not that big. It's not that wide.

G

It would appear from a a glass at the platting. That's been provided.

G

At the at the materials, you've gotten evidence that perhaps the other neighbor to the north.

G

Of the bosses is also within 200 feet, and so there may be multiple flaws in the initial variance.

G

Request you can't grant the relief requested on this application because they haven't even.

G

Requested appropriate variances. Secondly, let's assume the variance requested.

G

Variances requests were appropriate, let's say they were appropriate.

G

In order to obtain a variance in the state of maryland, those.

G

Veterans all say: I've heard this before it's a two-part standard. The first is some. There has to.

G

Be something unique about the property? Not just that. I really like it, because it's quirky and.

G

It's fun something unique and it has to go to the essence of the property itself, the case law. That's.

G

Discussed this element has told us that what we're looking for are geological features, topography.

G

Environmental areas that the presence of which make this property uniquely.

G

Unable to satisfy the ordinance requirements with regard to the bulk requirements, that's.

G

Not the case here you've seen pictures of the yarn. There was testimony on may 26th.

G

There's nothing peculiar about this yard. There's a gentle slope! You can see that in the photos.

G

Testimony is it's a typical small lot, residential neighborhood.

G

Now, well, isn't that unique! No uniqueness does not include features that were brought about by.

G

The property owner or the property owner's predecessors and title, including lot sizes.

G

I I didn't make this up, but that's what we've got to apply here.

G

So you have a substandard lot here. There can't be satisfaction of the uniqueness standard.

G

Let's move on to the second standard, which is either undue hardship or practical difficulty.

G

There's some question justice on the side in the county code and you've heard me. Some of you have.

G

Heard me argue this before about which of those two standards applies? Is it undue hardship or.

G

Is it practical difficulty the definition section of your code that talks about what a variance is.

G

Is not is not necessarily consistent with the language giving the board authority.

G

To grant variances and it can be read as judges of the court of special appeals have.

G

Read it and unreported opinions to say that the carroll county standard is unwarranted hardship.

G

Not practically difficult be that as it may, under either standard.

G

These hardships cannot be of the applicant's own making or the applicant's predecessor entitled.

G

Entitled self-created hardship, even though that sounds very harsh I'll admit it. Mrs nip, I believe.

G

She wasn't familiar with this. If I didn't do what I do for a living, I wouldn't be familiar with this.

G

But self-created hardship is not a personal, critical criticism. It's the way to characterize.

G

What kind of inconveniences are we having with the property? Is it because of the dynamic of the.

G

Property itself, because I've got a huge rock face, jutting out of the part of it.

G

Or is it because I just don't have a big enough lot to do what I want to do.

G

That's self-created hardship and that's what the case law says: um mills versus god love. Mr.

G

Dixon may be familiar with, it tells us. The general rule is that the authority to grant.

G

A variance should be exercised sparingly and only under exceptional circumstances.

G

This is a case out of either allegheny or what it's washington county from to 2002.

G

You bear with me.

I

Where these, where these variants requests, are primarily for the convenience of the applicant.

G

That does not meet practical difficulty or undue hardship. Convenience is not the same as hardship.

G

So that's essentially what we have here today, what is asserted as the hardship.

G

The hardship I asked mrs knit that question twice on may 26th. Well, I couldn't run my business.

G

And I couldn't pay my bills that most of us would consider a hardship.

G

That's not the hardship that the law establishes as a condition for ovarians.

G

So the perceived hardship, I'm not going to dispute.

G

If that's the case, but have they met the standard for revariance? No, because of that.

G

I'm going to say that you can't grant the variance that's required in order.

G

For them to meet the threshold requirements of the ordinance to establish this use of this location.

G

And you've also heard testimony that this is likely to cause adverse impacts at this.

G

Location that are different than they would be at other locations in the ag zone, where you.

G

Didn't have this kind of a neighborhood setting with a proximity of neighbors without um with an.

G

Open area directly across the street within a hundred feet, perhaps from another residential site.

G

So we would ask that you deny the request for variance and conditional use.

G

I'm going to say this: this is not to back away from my initial request.

G

Should the board um and we're not suggesting you have a basis to do it.

G

Grant the variance and grant the use.

G

You ought to consider and again this is without waiving my prior.

G

Argument limitation of hours of operation and days of operation.

G

No further pitfall rescue be conducted from the site.

G

Limit the number of dogs that can be outside at one time.

G

On the john pickett roadside- and perhaps this can be done through a limited kind of site.

G

Plan review and approval some noise mitigation measure, some landscape screening of some sort.

G

Some visual buffer there's none there. These are not unreasonable.

G

Kind of features that one would see with any condition you use, particularly so with account.

G

The owner has indicated that she would consent to it being only for the period of her.

G

Ownership and residence at the location. We think that would be a sound condition limit. The number.

G

Of dogs to just what's been requested, six six, in addition to the four that she has.

G

The tax barrage not to be used as the county news and that the owner consent to reasonable.

G

Requests from zoning administration to an inspection for compliance purposes.

G

Now that's merely as an alternative, um but we would. We would submit to you that.

G

The approval can't be granted for the reasons I mentioned. Thank you.

A

Okay, presentation of testimony and evidence is now closed. The hearing and record of this case.

A

Is closed in accordance with the open meetings act of marylander board will now consider the case. Mr.

A

Simmons, it's always fun to hear these cases. It's hard to know whether or not you're hearing.

C

Something that has to do with a conditional use or a neighborhood dispute or conflicts.

C

That possibly could have been resolved through a neighborly conversation.

C

I'm inclined to grant the conditional use.

C

With the conditions, as stipulated or suggested, um 7 a.m to 7 p.m,.

C

Seven days a week with restrictions in terms of saturday and sunday, but not limitations of.

C

Saturday and sunday people do travel, people do take vacations and they include seven days a week.

C

That that's where I am right now.

C

I'm always interested in my colleagues opinions, mr caldwell. uh I'm waiting that.

K

Was a clarification from mr dixon tonight yeah about for a minute and asking a question.

A

um Go ahead, go ahead! Matt! You can ask him an open session here. I think uh when did the applicant.

K

Seek approval for the dog candle? I can't remember from my.

K

I don't have my copy of the record. Was it before or after this was there an application bait.

K

Or a dog handle, of course it was that afterwards, you know, experience was saw.

A

It was made in april the application was made in people that had been running since february, right.

A

Right, it was because the zoning administrator knocked on the door- I guess maybe somebody.

B

Complained and then then she came to the uh somebody complained and the zoning administrator.

B

Knocked on the door, and then she filed an application to correct it. Okay,.

K

Now my view on this, I support the original.

K

Situation where the zoning administrator said no so.

A

The zoning administrator didn't say no, the zoning administrator said these are the steps you need to.

A

Take involved in compliance, I don't think it's. um I don't think it should be approved for here.

A

D

I think in this instance that the smaller lot sizes in the neighborhood problematic for this use.

D

I would agree that there needs to be a variance, and I didn't hear any testimony.

D

From the applicant arguing their position as to why they meet the criteria for a variance with.

D

Regard to practical difficulty or hardship, the recording was very compelling for me.

D

And I just think overall, this does not meet the schultz versus brit standard at this location.

M

I agree with mr simmons: I think that it's hard to differentiate, actual hardship versus.

M

Maybe a neighborly conflict. um I understand that something should be put in place.

M

To make the situation better, I agree with noise buffering.

M

Possible limitation of hours definitely not on the weekend. So because I feel like that's.

M

So my vote would be in favor of.

M

A

This is a very troubling case. um You have letters of support.

A

From the neighbors that are in close proximity, you have a neighbor, that's across the street.

A

Which is impacted as much as the neighbors that are.

A

Contiguous I'm going to call them contiguous because there is a road.

A

Separating his boss's property from the snip's property.

A

I get to hear a lot of sounds. I'm a farmer. I'm outside. I hear a lot of sounds all the time.

A

I hear dogs, I've got neighbors that are over half a mile away in each direction that have.

A

Great pyrenees, dogs, and, if mr fox or mr coyote is tantalizing them.

A

All night long, the great pyrenees dogs are very vocal, so I get to hear them.

A

I hear them, it doesn't really annoy me. I hear them the one thing that does wake me up in the morning.

A

As the birds and I heard in miss boss's recording the birds were as loud as what the dogs were.

A

Maybe I'm just oblivious to noise when we're looking at.

A

The argument here is the variance and with whether miss boston. They need a a variance from this.

A

Boss's um resonance, it goes to the fence and I'm not sure where that fence fits in whether that is.

A

Part of the structure, whether it's not part of the structure but I'm in favor of granting.

A

The variance to miss boss's property and the surrounding properties and.

A

But again I think there's some mitigation things that efforts that need to be carried out and I.

A

Think screening is one of them um a limit of hours of operation. um It was testified, seven to seven.

A

Seven days a week, I think, is what was testified to in um well in, in our first part of the hearing.

A

And I I think that um some of the normal activities that that occur, whether it's.

A

Joggers going up and down the road or the ups guy, the post office guy, that shows up.

A

The dog's showing up if a guy is showing up and he's going to be feeding the dogs.

A

They get conditioned to that and they're going to yelp.

A

So some of the some of the issues with the noise um is, it is inevitable.

A

Again, I'm I'm in support of this, but I think there needs to be some restrictions put on. I.

A

Think mr bowersock's outline some very good points to mitigate. What's going on at this location,.

D

Mr bill, you indicated that you were in favor of granting the request for the variants from.

D

Mrs boss, there was nothing and all and all the other. There was no request for that, and.

D

The ordinance speaks to outdoor area jake. Can we ask you a question.

A

Did were you sworn in? No, he was sworn in.

A

Okay, we'll swear you in. Can you please stand and raise your right hand.

A

This is very unusual that during our deliberations, we have this happening.

A

um Where is you swear to tell the truth, the whole truth and nothing but the truth? Okay,.

A

A

The fence part of the structure, or is that excluded from the structure? The new code says.

A

It's excluded the codes, there's two references in the code. One does refer.

J

To the structure that the use is in, which would be the house and there's.

J

Also another section in the same section of the code that refers to space being used.

J

Outside of the house, if the yard is being used outside of the house, I would say that would.

J

Include the whole yard, not necessarily just a designated section, so I would say to the fence.

J

Line to the property line would be where you would have to measure from so to the property.

A

Line not to where the fences generally fences are at property lines. um But if the fence is in.

J

A smaller area of a lot than the whole lot than I would say from the fence. So if the fence was.

A

Moved in this case,.

A

Could that mitigate the need for a variance from mrs boss's property.

J

uh That I without measuring and looking at it I could not answer. But if.

A

It was moved and it was at 200 feet from this boss's property if the fence was moved to there. If.

J

That was the limit to the use of that property. The use of that area, that's where I would measure from.

J

Would be from the fence sorry to throw more blood in the water? If I may- and I know this is unusual.

G

Yeah yeah: this is crazy. Yeah. um You have a right to speak. You have a right to speak.

D

None of you have a right to speak, sorry yeah, it's so she doesn't need the decline. Go ahead.

K

If I'm understanding mr boyd right correctly, they the criteria, has not been met based on.

D

The presentation, the outdoor area is being used. It's within 200 feet, so the variance.

D

Of variance is required from that lock if they have not requested it.

D

So what you're suggesting is we start jumping through.

D

I feel like all kinds of hoops to accommodate this when they haven't requested.

D

And it amended application didn't request it.

M

So this says the commercial channel a lot size, variance and three distance variances, but.

A

It's more than three distance variances.

D

So I don't think we, I think, we're back in a quandary similar to what we had before.

D

But I don't see how we can legally grant this.

A

Mr simmons, nothing any comment, mr colbert.

D

Yeah I jumped depends guys very true. That's a that's! A pretty good.

A

Trick it wasn't requested, that's that's the problem. We can't. We need to act on what the.

A

Application is, and the application did not include that you have the new one.

E

You're, looking at the new one, yes.

A

There's the table: okay board members.

A

D

In case 6322, I move that we deny the request for conditional use for commercial kennel.

D

A lot size variants and three distance variances. Okay, we have a motion to deny the application.

A

Any further discussion on the motion.

A

For your quiet group, plexiglas is really silenced. Everybody.

A

Okay, we have a motion to deny all those in favor of the motion to deny say: aye, aye, aye, all opposed.

A

Three to two three to two decision: to deny the application.

A

Our oral decision will become final upon written decision which will be issued within.

A

30 days, unless otherwise extended by the board, the war's decision may be appealed by.

A

Filing a petition for judicial review with the clerk of the circuit court for carroll county.

A

In accordance with the provisions of chapter 200, title vii of the maryland rules procedure, the.

A

Appeal must be filed within 30 days of the date of this forge written decision. Thank you very much.

A