Carroll County, MD Carroll County Board of Zoning Appeals, 1 Sep 2021

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From YouTube: Board of Zoning Appeals, September 1, 2021

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A

We're going to call the board of zoning appeals uh to order here this morning and.

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Our only agenda item is case number 6326., um mr dixon, could you go ahead and.

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Introduce the file for us please, yes, case: 6326, an appeal of the zoning administrators notice.

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A violation involving chickens in a residential neighborhood, the site is located at 6516 freedom.

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Avenue sykesville maryland on property zone, r10 000 residence district in election district, five.

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By steve, jr and jessica, jordan, code of public local laws and ordinances, sections 158, 133 d,.

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A a site visit is tentatively scheduled for wednesday august 18 2021 at approximately 9 30 a.m.

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In the file of this matter, we have the following documents:.

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Eight notice, the public hearing august 2nd 2021.

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Site minutes for the case.

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Hearing notice was posted july 20th 2021 by zoning inspector scott robinson.

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Investigation progress report.

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Indicates there is a rooster on the property causing a nuisance.

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There are three pages in the investigation, progress report.

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There's also hearing notice was posted.

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August 26 2021 by zoning inspector scott robinson.

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Let's see investigation progress report.

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There's one april 2021 three pages and that investigation progress report.

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So the first one was april 2021 here.

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Then we have the appeal of a notice of violation from the zoning administrator.

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2021 letter, formal notice of violation.

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As a result of it of an investigation at the property, we found that your tenant has five.

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Chickens and one rooster which are causing a nuisance in the surrounding neighborhood, the.

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Raising of chickens is a violation of the code of public local laws and ordinances of carroll county.

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Chapter 158.074 or 10 000 residents district. This letter will serve as a formal notice of violation.

B

I would ask that the file be entered into evidence of a motion to enter the following evidence.

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Second, second, we have a motion in a second to enter the file into evidence. All those.

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In favor, aye aye all opposed. No, we will go ahead and enter the file into evidence.

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There's a couple of housekeeping things: if you haven't, I think most people have.

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Signed in on the sign up sheet and the side there, please do that if you haven't done so already.

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Please try to maintain six foot social distancing uh out there today, if you, if you can.

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Try to keep going to your households and you received an id badge when you came in a printed.

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Id badge make sure that you go out the front entrance up there, where you receive that badge. So.

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That they don't come hunting the entire building for you. If you leave by another exit, okay,.

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With that before before we get started, mr allman, um if you plan on testifying here today,.

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Could you please stand and raise your right hand and take the oath.

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If you have any inkling of testifying, so you okay.

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

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Give is the truth, the whole truth and nothing, but the truth very good. You can be seated so.

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With this, since this is a violation of- or this is an appeal of, a zoning, administrator's notice.

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Of violation, uh mr allman, I'm assuming that you're here representing uh the uh zoning administrator.

D

uh That's correct, mr chairman. Okay, you pull the microphone just a little bit closer to you. There.

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um So we'll go ahead and you want to go ahead and present your case and then call witnesses.

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And look just to let you know that the procedure we're going to do since this is a zoning.

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Administrator's notice of violation, mr ullman, who is representing the zoning administrator, will go.

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First and then the jordans will go and present their case, people from the public. At that point,.

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Can give their testimony so after those two things have occurred and then the board will.

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Go then there will be some asian comments and then the board will go ahead and consider the case. So I.

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Just wanted to go through the procedures here, for those of you that haven't been through this before.

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Okay, mr allman, good morning, mr chairman, can you hear me yes good morning, mr chairman and member to.

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The board, my name, is james allman assistant, county attorney on behalf of the zoning administrator, mr.

D

J voigt mr voigt and I appear before you today in regard to an appeal from a notice of violation.

D

On the property located at 6516 freedom avenue against the jordans, the jordans are tenants.

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Of that property, just this background, this matter began just over a year ago,.

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In august of 2020, when the carroll county zoning administration received a complaint.

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Regarding a rooster on a lot less than one acres, which is prohibited.

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Under the county code, during the investigation of the complaint zoning inspector, mr scott robinson.

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Spoke with mr steve, jordan, who informed mr robinson that the rooster that was on.

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The property was an emotional support: animal for his wife, jessica, jordan, due to the unique nature.

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Of this violation, county officials decided that the rooster would be allowed to stay.

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On the property subject to conditions, those conditions being, the chicken coop must be.

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Erected at a minimum of 75 feet away from adjacent property lines and located in the rear yard. The.

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Rooster must be contained, so it does not cause a nuisance or disruption to adjacent property owners.

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Following dr murray's opinion, it has been determined that the rooster should.

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Be kept inside at a minimum from dusk until dawn and, finally, that it is the.

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Property owner's responsibility to maintain control of the animal and, if any of the animals.

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Become a nuisance to the adjoining properties, then removal of the animals um affected by this ruling.

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Will be required, such conditions were memorialized in a letter to the jordans dated august 25th 2020.

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Since that time there have been a number of complaints from surrounding community members.

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Of the rooster causing loud noises in the early morning and continuing throughout the day and.

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Chickens running from the jordan's property onto adjacent properties as a result of this.

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A notify a violation was sent to the jordans and the property owner. Mr monroe, lee fleming, stating.

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That five chickens and one rooster found on the property were causing nuisances and the raising.

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Of chickens in this lot is a violation of the code of public laws and ordinances of carroll county.

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Chapter 158-074, the jordan's property is located in the r-1000 district, which can be.

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Found in these county zoning ordinance under section 158074, the purpose of that section.

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As is provided is to provide for smaller sized lots for single and two family dwellings.

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Under 158 74 g bulk requirements, the following minimum requirements shall be observed. Subject.

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To the modified requirements of section 150, 130 included in the bulk requirements includes quote.

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Other principle, permitted or conditional uses in lot area same as specified in r20 end quote under.

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The principle permitted uses found in the r20 district includes agricultural, which is defined.

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By the zoning code as providing any building or feeding pen in which farm animals are kept.

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And um shall comply with the distance requirements set forth in section 158.5.

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Agriculture is further defined um as the raising of farm products for the easter sale.

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Including livestock or poultry husbandry, the principal permitted use of ag requires.

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The lot area um in the in the r 20 000 district, which would be 20 000 square feet.

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Thus, meaning that the agricultural use, which was previously stated for the raising of.

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Poultry and husbandry jordan's property, which is on 14 000 square feet, does not meet.

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um The requirements to have poultry husbandry on it. Thank you, mr chairman,.

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And I would like to call my first witness okay, I would like to call mr j voight.

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Can you please state your name for the record? My name is jay voigt, I'm assigning administrator for.

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Carroll county: this is 225 north center street, and how long have you been the zoning administrator.

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11 years and as the zoning administrator are you familiar with the uh zoning ordinance of carroll.

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County, are you familiar with the property located at 6516 freedom avenue? Yes, can you tell me what.

D

That property is zoned property and what type of lots are uh traditionally found in the r 10 000.

D

Zoning, um our 10 000 zoning requires for um about to be approved a minimum of 10 000 square feet.

E

This is my time period. I'm sorry.

E

In the r 10 000 zoning r-10000 stands for minimum 10 000 square feet per lot.

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To be approved, um the neighborhood in that area.

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In the r-1000, zoning district are lots that are either right around 10 000 square feet or some are.

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A little larger than that, most of these lots were created prior to the enactment of the ordinance.

E

That's why they don't necessarily meet the square footage for the the far ten thousand districts.

D

But would it be fair to say that um the r ten thousand district is for smaller lots in a more.

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Neighborhood setting uh that's correct, that's uh in the description. It states that it's for.

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Residential uses, smaller lots, higher density.

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And are chickens or roosters permitted in the r 10 000 district in the r 10 000 district. It.

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Refers you to the r 20 000 district for any agricultural use which raising of chickens has.

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An agricultural use, poultry husbandry is what it's called, and in the r20000 zoning district.

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District, it requires a minimum of 20 000 square feet to perform any agricultural operations.

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And what is the um square footage to the best of your knowledge of the jordan's property.

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um 14 000 square feet. Okay, uh mr uh void. I have an sdat uh readout of.

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6516, can you um read to the board on this um print out the uh the square feet.

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The property land area, as recorded on the stat sheet, is stating 14 000 square feet.

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Thank you, mr voight. I would like to enter on this estate sheet, as exhibit one.

A

Okay, we will accept that into evidence, so since the um property is zoned r, 10.

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000 and is only 14 000 square feet are roosters and chickens permitted on that.

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According property, the code, now you need a minimum 20 000 square feet in the r10 000.

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Zoning district to have any type of farm animals.

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And was a um notice violation sent to the jordans? Oh yes, it was. Is this a copy of that notice?.

D

Violation, yes uh notice, that violation actually went to the property owner, which is what we do.

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For all nurse violations, it goes to the owner of the property.

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And this was sent to mr monroe lee fleming on april 7th and it stated that.

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Due to the chickens and roosters being a nuisance that they had to remove them from the property.

D

Thank you. I would like to introduce this as exhibit two, and we will accept that into evidence.

D

I have no further questions at this time for mr voight.

A

Okay, so does anyone from the audience have any questions of mr voight's testimony.

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And just of his testimony again, you'll have the opportunity to testify later.

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Board members, any questions.

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Just just so that we're totally clear here so livestock in any form is.

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Prohibited on a lot, that's 14 000 square feet. According to the code, that's correct.

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Okay, very good. Thank you, uh mr voight.

D

Mr chairman, um I would like to call my next witness, mr scott robinson, okay,.

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D

uh Mr robinson on, can you please state your name for the record scott robinson and for.

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Whom are you uh employed? I am an inspector for the carroll county zone administration.

D

And um as a zoning inspector, what are your responsibilities investigating complaints that are.

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Brought against properties that represent going against the regulations put forth in the zoning.

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Regulations, and are you familiar with the property located at 6516 freedom avenue? Yes, when did you.

D

First become familiar um with the property uh that was back in 2020. I believe the first complaint was.

F

In september, okay, and um did you investigate um or actually I want to back up what was the complaint.

D

Regarding about a rooster and chickens, and mainly the roosters noise, the rooster calling so.

D

And did you visit the property? I went to the property and I saw that you were not allowed.

F

To enter the property, there was no trespassing sign which we cannot go onto the property on an.

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Initial visit, if there is no trespassing sign, so I went back and sent a 10-day letter. Can you explain.

D

To the board, what a 10-day letter is 10-day letter is sent out as an initial introduction of what is.

F

Happening why I'm contacting them and gives them 10 days to contact me if, within that 10 days,.

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Period, they do not contact me where there's no form whether email or phone call or anything else.

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Then I have the option of sending another letter or turning it over to.

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The administrator and then I notice a violation, would be sent out in um this case. Did you.

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Complete and work on an investigative report- yes, is this that investigative report.

F

Yes, this was the initial report. Thank you, mr chairman. I would like to enter this.

D

As um exhibit three keep looking at them, okay, we will accept that into evidence. Okay,.

D

So after the 10-day letter was sent, can you um tell the board what happened next? Well, the first.

F

The phone call I received was from the husband uh would that be. Mr jordan. That's mr jordan. Yes.

F

And we spoke about the rooster and he said that it was for his wife as a.

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Support animal- and I basically explained that you know if you could give us the paperwork.

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That explains that it is a support animal and then we can go through the process as to what.

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Needs to be done, okay, and um was such paperwork received. Eventually we received the paperwork from.

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A social yeah, the initial paperwork came from.

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A dr anita marade, and it was sent to it, was addressed to jessica, jordan.

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And can you um read to the board what the.

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Letter states I mean, would you like me to read through the whole I mean if you could just.

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Second, paragraph right: there, I'm also familiar with the limitations imposed by your diagnosed.

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Disability and the need to mitigate those limitations and associated simpson.

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Symptoms as such, during your most recent consultation and evaluation, I approve the chicken.

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Two pounds as an emotional support animal for you. In my professional opinion, it is necessary that.

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This chicken live with you because its presence will mitigate the symptoms of your disability,.

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By allowing you to fully enjoy your home and the common areas associated with your home.

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Specifically, the presence of the chicken will provide a calming effect for you, thereby allowing.

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You to focus on household activities, allow you to reduce your anxiety and relax in your home.

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Increase your ability to self-regulate. Thank you. I would like to introduce.

D

This exhibit into evidence, mr chairman, and we will go ahead and accept that into evidence.

D

um So after receiving um that letter.

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Can you describe to the board sort of how this investigation in august of 2020 resolved itself.

F

We actually, after we received the letter, a letter written by myself and approved.

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By tom devis, who was the acting zoning administrator at the time, j boyd was out on.

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Bereavement league, so tom, had taken over just to give a quick explanation. Why tom was there.

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And I put forth a letter explaining the county's findings and what were the stipulations for her to.

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Keep mrs mrs jordan to keep said rooster. uh Mr robinson, is this that letter? Yes, it is, can you.

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Read to the board the um conditions that are provided in the letter after a review of the.

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Case the county has decided to allow the roots to stand the property with the following rules: the.

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Chicken coop must be erected in minimum 75 feet from the adjacent property lines located in the.

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Yard the zone administration is giving the owner of the coop two weeks to relocate the coop. That is.

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Currently, in use, the rooster must be contained, so it does not cause a nuisance or disruption to the.

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Adjacent neighbors and properties in the letter from dr murad, she stated that in my professional.

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Opinion it is necessary that these that this chicken live with you, because its presence will.

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Mitigate the symptoms of your disability, by allowing you to fully enjoy your home.

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In common areas associated with your home following dr mirad's opinion, it has been.

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Determined that the rooster should be kept inside the house at the minimum from dust till dawn.

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The declaratory ruling dash dash 2015 states, that is only is always the property owners.

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Slash tenants responsibility to maintain control of their animals.

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If the animals become a nuisance to join the properties, then remove all the animals effective.

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By this ruling will be required. Thank you. I would like to introduce this as an exhibit. Mr chairman,.

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We will accept that end. Evidence, okay and after that letter was sent. Was that the end of the complaints on this property.

F

No, we actually, when did the complaints begin again.

F

April of 2021, and did you investigate those complaints? Yes,.

F

And it was determined that the rooster was against one second, okay and.

D

What did you find when you uh well? Did you go out and visit the property we? I spoke with the.

D

Compliance, okay, you spoke with the complainant and then I went out to the property. The.

F

Property again, I do not. I have not gone on to the property because I'm not permitted to, but.

F

I can see from the road where the chickens are, I could see the rooster and then another case was.

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Brought up and how many chickens did you see from the road? I could see approximately four or five.

F

But they were behind, there were building material that was kind of blocking my deal.

D

And how many roosters there was one rooster I could see and based on I understand that.

D

You were in the road, but how big would you say this rooster was: um that's, maybe 18 inches tall.

D

And did you um in the course of investigating, um fill out an investigative uh progress report.

D

Yes, is this a copy of that investigative progress report? Yes,.

D

Mr chairman, I would like to introduce this exhibit um into evidence. We will accept that into evidence.

D

So if you saw four or five chickens and one rooster, there were approximately.

D

Five or six animals on the property, yes and are chickens and roosters permitted.

D

In the r 10 000 districts on lots, less than 20 000 square feet, no, they or not. uh Thank.

D

You, mr robinson, I have no questions uh further questions for him at this time.

A

Does anyone from the audience have any questions of mr robinson's testimony.

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Okay, you need to go to the microphone and identify yourself.

G

Where was the trespassing sign located? I'm sorry uh before you speak. Let's please state your name.

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Your address occupation and spell for the record your last name: oh wow, okay, uh jessica, jordan,.

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6516 freedom avenue sykesville, maryland 2-174 my address is a professional photographer and ricky.

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Master practitioner and what was the other thing spell for the record, your last name j-o-r-d-a-n.

G

Okay, thank you. Where was the trespassing sign located? Because we do not have one.

F

When I originally came to the property back in 2020, there was no trespassing sign.

F

At the front of the property, and after our conversation, mr jordan, you and.

F

You specifically told me, I was not permitted to come on to your property.

F

So with with that, with that by our standard, I am not permitted to go on your property, so I did not.

F

I can look at your property from the roads, but I could not go. I was not allowed to go on your.

F

Property per your direction: okay! Well, we still never had a trespassing sign ever.

G

Anxiety with microphones, we don't have, we've never had one.

G

Like we've never had a trespassing sign ever I've never put one up. My grandparents never put one up.

G

We've never had a trespassing sign, and after yes once we give.

G

Our testimony, I don't feel comfortable with either of these men on my property.

G

But still the fact is, there was never any new trespassing sign before my statement was given.

G

That is all okay. Thank you, quick um redirect, mr chairman. Yes, mr robinson,.

D

Could you see the property clearly from the road, yes and from the road that was.

D

When you were able to observe the number of chickens and roosters yes, thank you.

D

I have no further questions for this witness. Okay, thank you, mr robinson. Thank you.

D

Indulgence please.

D

Can you please state your name for the record sir david day.

D

And um mr day, um where do you live? What is your address? 910 treyer avenue, slexville, maryland 21784.

D

And um approximately, how close would you say you live to the property located at.

D

6516 freedom avenue the rear property line is adjoining to my side, property line.

D

um So I have printed out from the county mapping district a.

D

Satellite aerial view of the neighborhood and highlighted 65 16, which is the.

D

Property this case is regarding with this highlighter. Can you highlight your property? Please.

D

Thank you, um mr chairman. I would like to introduce this.

B

Okay, I have this, as exhibit seven well, I've kind of gone out of order. You can.

D

Have it, as exhibit seven, oh, oh just pre-market, you've got exhibit seven for something else.

D

It's okay to have it as exhibit seven. I just pre-marked it. Okay, all right.

D

Okay, uh mr day, can you um explain um to the board your um experience.

D

Living at your property with the roosters and chickens on a property so close to yours,.

H

A year ago, a little over a year ago, the jordans purchased chickens. um They placed the coop.

H

um To the rear of their property, which would have made it.

H

20 25 feet from our side the side of our house pretty much underneath our son's bedroom area.

H

Also, it's the side of the house, that is, the bedroom area for the master side too,.

H

The the rooster would would tend to crow off and on all day it starts.

H

Pretty early in the morning about 5 00 am, depending on the.

H

Time of year also depends on the time of day that the rooster starts. It crows two or three times.

H

At a clip off and on throughout the day, mr allman had asked my wife to track it.

H

She was obsessive about tracking the roosters crowing.

H

But uh and um the tracking does show it's off and on throughout the day um and that's only a.

H

A small portion- and is this um and your wife, who is unable to.

D

Be here today, that's just working, correct, correct.

D

Is this an accurate depiction of sort of the note she took when she was tracking the um every time.

D

The rooster crowed that is her depiction. Okay, can you just list to the board the different times.

H

The board doesn't have time for that, but it's pretty much every day and there's four or five.

H

um Deflections on some days, if it looks like it's a weekend, there'll be 10 or 12 recordings.

H

That she did during that day, and this is of the rooster crowing. This is of the rooster crowling.

H

So that was typically, she would jump up and mark it down at your request um and then often.

H

It would crow two or three times you know, roosters, typically don't crow. Once um I would like to enter.

D

This exhibit into evidence, mr chairman, okay, we'll accept that in evidence was um the rooster to the.

D

Best of your knowledge was the rooster outside. As far as I know, the rooster stayed outside.

D

Was the rooster outside for a majority of the time of day.

D

As far as I know, I would start hearing it about five in the morning and I would hear.

H

It throughout the day into the evening, and when you would hear it you was the rooster. Could you.

D

Tell if the rooster was outside, if it had been in their home, I doubt that I would have heard it. Okay,.

D

And can you just explain um to the board how this sort of constant crowing.

D

Of the rooster has um personally affected you.

H

um Personally, it's it's a nuisance and it was annoying throughout the day if you were trying to.

H

Carry on a conversation or watch television um it it could become a it was an annoyance it. It.

H

Didn't necessarily affect me nearly as much as it did my wife.

H

She complained that it was ear piercing and that it interrupted her ability to.

H

Enjoy a television show, she ended up starting using noise canceling headphones to watch the.

H

Television where they were bluetooth and she just kind of blocked out the sound from the rooster.

D

Thank you and um on the jordan's property. Is there any type of buffer that they put up or any sort of.

D

Mitigation that they attempted to um you know cover the sound of the noise. um No, they didn't.

H

There isn't a buffer of any type, they did move the pen per the per the request to the back of.

H

The house, which did increase the distance, but the sound of the rooster, was still very evident. Okay,.

D

And are these: I have a series of photographs here: um are these photographs of the um the jordan's.

D

Property um there are photographs of our yard and the jordan's property. Thank you, so they they show.

H

um I I believe you requested those photographs to give you an idea of the relationship between.

H

Our property and the jordan's property. uh Yes, I um would like to introduce.

D

uh These photographs uh into evidence, mr chairman, we will accept them into evidence.

D

And um because you live so close, um it's not just a rooster on the property. Is that correct, correct.

D

uh What other farm animals are on the property.

H

um They have chickens, I don't know exactly how many I've never looked that hard to see to.

D

There are several okay and um do the chickens ever wander off their property. They have.

H

um At one point, the county animal control was called out.

H

Because they had been wandering into the road they tended to get out, the jordans did rectify.

H

That situation um once animal control was called and it was brought to their attention.

H

I'm not sure what they discussed with them, but the chickens are still on the property. The chickens.

D

Are on the property? Okay! Thank you. um Is there anything else? You would like to say to the board.

H

The the rooster is no longer on the property um the jordans have removed.

H

The rooster from the property at this point in time, our concern is once this is over.

H

That either another rooster or the return of that particular rooster will come back and we'll start.

H

This process, once again, um it is an annoyance, as I stated it, it's more of a nuisance and an annoyance.

H

To my wife than it is to me personally, I tend to overlook folks what they do.

H

To my wife, it his ear, piercing and then also.

H

She hasn't has an issue with being able to enjoy the house as she feels she should be able to.

H

It's also caused some turmoil between us at different points and times over our views of it.

D

Thank you. I really appreciate your testimony. Mr chairman, I don't have any further questions at.

D

This time does anyone from the audience have any questions of his testimony.

A

State, your name, your address occupation and spell for the record your last name.

A

My name is steve: jordan, I'm 65 16 freedom avenue. I do like I work for brother services. I do like.

I

House repairs, roofing, siding building and my last name is spelled j-o-r-d-a-n.

I

A couple questions is I've never been contacted by animal control.

I

Over chickens, I have had a complaint about my dogs, one time because my kids, let him out at a.

I

Birthday party and they did go across the road- I'm gonna object to this- is there a question.

D

He's testifying you're supposed to ask questions of his testimony. Well, that was my question. Is.

I

Is how how would he know that I had animal control called on my chickens.

D

You can answer that um the animal control officer was responding to a phone call.

H

From me to animal control, I contacted the zoning board in reference to this.

H

The zoning board sent me to animal control. Animal control officer, responded came to my.

H

House he also went and spoke to miss jordan when his return back to my home. His response to me was.

H

Boy and I quote boyce she has a mouth on her and then he.

H

Proceeded to tell me what he spoke to them about. He spoke to him about the dog.

H

At the same time, the chickens were out running, they were running in the road.

H

And I believe he made a report that did show this and mr allman. I believe.

H

Is looking for the report, I am and end a letter. um So uh your indulgence, please.

D

um You can continue with the questioning, sir. I also have another question um based. I guess, on the.

I

Evidence that he turned in with times regarding his wife and she's, not here to be here to take the.

I

Oath to say that those are truthful times is that allowed as well? Can you step a little closer? Oh.

A

I'm sorry, um I guess the evidence that was entered with the times of the crowing from his wife.

J

And she's not here to be here, I guess I take the oath is that I guess allowed or okay. We have.

A

Accepted that in doubt, okay, so I was just wondering- is that that about that as well.

I

That's all the questions I have honestly, okay, mr allman, can you produce those documents? I have.

D

Them in my office, um I don't have them here, um so um if we take a break at some point, I.

D

Will be able to produce them? Okay, and what we'll do is when, when we do take a break.

A

uh We'll allow you to go get that and at that point, when we come back from our break.

A

uh We can go, you can go ahead and introduce those those pieces of evidence. Thank you. Okay,.

D

Are there any further questions, mr caldwell, um thank you for your testimony, sir.

J

Are you an owner occupier? I am the owner of the property at 910 trailer avenue. Thank you.

A

My question is: what did you I thought I heard you correctly.

A

But when the chickens were at the rear yard of the jordans, they were how far away from your house.

H

Our house was had a major addition to it, so our house is 12 feet from the property line. It's it's.

H

Under I believe, the zoning board, but there was a variance that was granted basic based because of.

H

The pre-existing structure- so I know for fact, that it's 12 feet to the property line. The chicken coop.

H

Was approximately 10 to 12 feet on the other side of the property line, roughly 20 to 25 feet? Okay,.

A

I just wanted the clarification on that. Okay. Thank you. Any other questions board members just one you.

K

Said the rooster is no longer there. The rooster is no longer at the property and the other chickens.

H

The other chickens, I believe there are some- I don't know how many.

J

Mr, um when was that rooster removed approximately three weeks ago, three weeks ago, okay,.

L

Does it based on what you can observe and recognizing that you're not sitting there.

L

Watching your neighbors all day long does it ever appear that the rooster or any of those chickens.

L

Were living in the house, it does not. I have seen miss jordan sitting out with them on occasion.

H

And out with them, but not necessarily, I don't know that they live in the house.

H

And again, I don't sit and watch them all day long. Thank you.

A

Finnish board members, yes, very good! Thank you thank you and, mr chairman. I have a letter from.

D

The humane society from march of uh 2021 um that I would like to introduce um into evidence this is.

D

Regarding um the vocalizing of animals um on the uh jordan's property, okay, and this this letter.

A

Is addressed to who to the jordans okay? Could you is it a lengthy letter? It is not a lengthy letter.

D

Could you read that into the record, please I can so march 3 2021 dear resident, our department has.

D

Received a call from your neighbors who asked us what we can do to help ease the noise they.

D

Are experiencing because you're a rooster by sending this letter, it is uh the first step taken.

D

By animal control requesting that you make every effort to curb noise emanating from your yard, home.

D

And advising you of the county law on vocalizing I've enclosed the synopsis of the carroll county.

D

Animal laws with this section about vocalizing, highlighted for your convenience. Please read it.

D

And take actions accordingly, vocalizing animals can be real nuisance to those wishing to work.

D

In their yards enjoy sitting or eating on their patios or decks, etc. And while you may have the.

D

Right to own animals, your neighbors deserve and can expect not to be unduly bothered by.

D

Others, animals. We do enforce the provisions of this law for the county and by way of this letter.

D

We hope you will remedy the excessive noise without any further intervention.

D

Thank you uh for your attention. This request most sincerely dawn kinna animal control, officer, okay,.

A

Thank you and you want to enter that end evidence I would okay. We will accept that end. Evidence.

D

I have no further witnesses um at this time. Okay, very good. Okay, the jordans. Can you come.

A

Forward to the microphones here and you can go ahead and present your case, your testimony.

I

I have documents that uh I don't know if you guys would be interested in seeing if you want them.

A

Entered into evidence, you can go ahead and ask me, and I guess so and you can either.

A

Do it individually as a group or you can do it as you talk about the actual documents, okay,.

G

I guess starting from the beginning, we okay wait a minute. I'm sorry plea, please identify yourself.

G

I know you already: did I've never done this before that's fine um jessica, jordan, 65, 16 freedom, avenue.

G

Sykesville maryland um professional photographer ricky master practitioner j-o-r-d-a-n. Thank you.

G

um I guess to start repurchase the chickens july 5th 2020, 2020. yep. um It was to yes help me covet.

G

Affected my ptsd um very very badly, and I was just starting to prepare for homeschooling. So not only.

G

Were we going to allow the chickens to help me with my mental health, but also.

G

To use it as a class form for my children to learn more about acuculture and chickens, how to.

G

Care for them, etc. um Throughout the time they're not sold, eggs aren't sold or produ. You know we.

G

Just use them for our own eating, but they are our pets. They are not looked at as farm animals.

G

um Yes, we did get a complaint as soon as elvis the rooster. We have one had one rooster.

G

And he started crowing, maybe a month after we got him, we got them as chicks at six weeks old.

G

um At that time you know he was still a chick. We were in the process of getting him certified as.

G

An esa um once the complaint started coming in, we did submit his certification, which we have. um We.

G

Submitted the first after you know the complaint we submitted the first letter from my therapist.

G

We have that as well. It's all can be submitted into evidence if you'd like I don't know how.

G

That's done and mr jordan go ahead and give that to mr dixon and he will label.

A

That and we'll accept that into evidence. They did briefly read that letter that.

G

My therapist gave me, which was already submitted into evidence by them. I have it on my hand as well.

G

I believe it was.

G

Not shay, but I'm sorry, I forgot your name scott. um He said that yes, I needed to keep my chicken in.

G

The house with me- and I said as an esa, trying to educate what an esa actually is the stipulations.

G

Behind an esa esa laws, which I did try to educate everybody in the zoning administration, um but a.

G

An emotional support animal does not need to live in your house. A horse can be an emotional support.

G

Animal and I grew up in a horse farm there's no way a horse can live in a house with you.

G

I do understand: horses cannot live on our property. There needs to be at least three acres per four to.

G

Five horses from my understanding from what I used to live with, um I did state and explained that and.

G

I had my therapist rewrite the what letter, because they were nitpicking. The wording that she used.

G

She did re write the letter in which I have the second letter with me.

G

And it states, if you would like me to read.

G

I'm sorry just let me.

G

I am familiar with the limitations imposed by a diagnosed disability and the need to attack.

G

Might mitigate those limitations and associated symptoms as such during our most recent.

G

Consultation evaluation improved a chicken two pounds as an emotional support animal for you.

G

And my professional opinion is necessary that this chicken live with you because his presence, I can't.

G

Mitigate the symptoms of your disability, by allowing you to fully enjoy your home.

G

And the common areas associated with your home, specifically the presence of the chicken.

G

Will provide a calming effect for you, thereby allowing you to focus on household activities.

G

Allow you to reduce your anxiety and relax in your home, increase your ability to to.

G

G

But there's two different letters: the states, one more, is more um more more information about how.

G

The the chickens can be in or outside with that submitted into that we can submit them to evidence.

G

We received another letter from zoning which they did not submit into evidence and I was told by.

G

Jay that I was lying that this letter does not exist. It says, dear mrs jordan, after review of.

G

The case and the accounting has decided to allow the rooster to stay on property with the following.

G

Rules, the chicken coop must be erected a minimum of 75 feet away from the cheese and property lines.

G

And located in the rear yard, we did move this troop again, as stated, it is right up against my.

G

House literally, the pen is up against my siding of my house, which is right next to my living room.

G

Where I guess I do watch tv, the next room falling over is my bedroom. Where I sleep, I'm a very light.

G

Sleeper and I do not wake up once for my rooster ever crowing at any time of the day, I'm at home, I.

G

Work at home, mostly I'm a photographer, as stated, I work mostly on the weekends, but I'm mostly at home.

G

He sometimes yes, we'll grow three times, but then he also sometimes only does one.

G

I can have my grandmother in the back room over and doing her hair for two to three hours.

G

They also do hair on the side there's times where he does not crow the entire time. She's at my house.

G

Moving on with this, the rooster must be contained, so it does not cause a nuisance or disruption to.

G

The adjacent, neighbors and properties as humane society to come over, we do have them in enclosed.

G

Straight run, they do not come out of the run, it's enclosed, it is gated, it is locked up. They.

G

Don't come out, our chickens have never been in the road. The dogs yes ran into the room once.

G

The chickens, I sometimes will let out and I watch them, they walk around the yard with me and I keep.

G

Them on our property, I guide them. If they try to go off, I rear them back. I have complete control.

G

Over most of my chickens, um it says case seven number, seven, one dash twenty dash.

G

Whatever oh z, one, that is twenty zero one, one seven has been closed by scott robertson.

G

Zoning inspector nothing on here states that my chicken needs to live inside with me.

G

Nothing here states anything about a noise. This is a written letter. Second letter submitted that.

G

They say that I do not have and is signed in pen or marker or whatever in pen by them.

G

As stated yes, we did get rid of or re-home, I don't want to say, get rid of, but re-homed.

G

In hopes that this case goes better in my favor, the hens were never an issue. I don't.

G

Know why the hens were brought into it before even purchasing chickens? I did look up the zoning laws.

G

I did not realize I was in a certain zone, but I it did state that you could have six chickens.

G

Under an acreage of land um growing up on a farm against eating that five horses can live.

G

On three acres of land, all the eggs that you eat unless you're getting it from a local farm.

G

And all the chicken that you eat anything that's on your table unless it is local, those chickens.

G

Are kept in cages stacked upon cages, stacked up on cages, game birds? Are they grow very fast.

G

They're beefed up for you to eat the chickens are in factories left in small cages, brutal treatment.

G

And lights, the chickens need 12 hours of light to lay an egg, so they're just kept and lights. The.

G

Brutality of chickens in the industry is awful chickens, don't need land. I can understand the.

G

Rooster, I can understand the noise, but hens are not noisy. They stay in their cage, their straight.

G

Run and they help me, I go outside there's times where I could not get out of bed. I'm expected.

G

To take care of my children to homeschool my children and having ptsd my father raped me.

G

I explained that to his wife carrying my chicken over begging them to please stop.

G

That explains the resa and she says the hens can stay and I quote, but that thing needs to go.

G

There is, I have pictures and videos of her recording me bawling my eyes out and laughing.

G

In my face, they are related to my grandfather, who owns my property, their family, not once they reach.

G

Out to my grandfather and say: hey like there's some issues: no, they went straight to zoning, not.

G

Once and they contact my family, their family to even say, there's anything wrong twice. They have.

G

Reached out and twice I've been not an ounce in empathy, my my needs are completely ignored.

G

So we did rehome elvis to a new home in town in union town of all places and it was mind, blown.

G

That they're in town, but he's in an amazing home where he is loved, so in that meantime I did rescue.

G

Who I'm holding now as taurus and I'm very good with chickens? It's I'm a chicken whisperer.

G

They have a soft spot in my heart and her family from another owner. um Half her flock was murdered.

G

By a fox and the next night, the rest of them were drained, just blood drive from a weasel, and she was.

G

Left and found on top of her dead siblings. So I did take her in and we had a camping.

G

Trip planned for my son and I didn't want to leave her, and so I brought her along with me.

G

She's gone to my camping trips, she's gone to the beach. She has gone to south carolina charleston.

G

And drove eight nine ten hours with me, she sat in this courtroom and at once has made.

G

A commotion for you guys she sleeps in my bedroom. She wakes me up every morning and flies to my bed.

G

And sleeps my pillow next to me and waits for me to wake up that I take her outside that she can.

G

Have time with my hands so she can have a normal chicken life but then still be able to serve me.

G

She goes into stores with me. She goes into restaurants with me. She shops with me.

G

She is currently wearing a diaper, so she does not make a mess when she goes out into public what she.

G

Does to be a happy chicken needs to mingle with my other hands, my other hands being outside just.

G

Get me out of my bed when, there's time times where I can't get out of bed until one o'clock.

G

I have all the papers for taurus. I have another letter. This was recently done. I did re-home elvis.

G

Once his esa was expired, as you can see on that, this is august 13th. I have pictures of where I.

G

Have dropped him off re-homed to show that he is there? I have statements by the new owners of him.

G

That he is there where children can come with their books and read to him and the other hands.

G

As a way of helping the other children in the community, but I do have a recent letter- this is.

G

August 16 2021, where we did read, we registered this one now and have a new letter stating again.

G

In more detail of my condition and how she helps me, pens were never an issue, it was always elvis. I.

G

Understand there is a zoning, the zoning um square footage, but then you look into baltimore county.

G

Where the square footage is even smaller and even less regulations on it, I don't. I don't understand.

G

Zoning, I don't understand the square footage at all. I honestly think it.

G

Should be relooked at that, especially with kovid. A lot of people went to this where.

G

We were so scared to go into stores that we wanted to be able to help our own families not rely on.

G

In the government, really it's not having to go into stores that we can grow our own gardens.

G

Which I was doing as well as helping my kids learn how to grow prop crops.

G

But then also providing our own eggs for our own families and knowing where they come from.

G

I have severe health issues as well that I like to know where my food's coming from and not.

G

Pumped with hormones and other preservatives, etc. um I've talked to my neighbors that are.

G

Next to us on all sides that are the closest to the coop, where they are the farthest away.

G

And personally, I've talked to each one and none of them have an issue. Some of them say they grew up.

G

On a farm, that's just farm life behind us on center street, our freedom and center's right.

G

Behind us, there's horses: if you go down the road a little bit on freedom, avenue, there's piney ridge,.

G

Elementary, where my son goes to school across from the house, you can hear ducks quacking away.

G

We are surrounded by farm animals all on our road on our neighborhood. We are surrounded by dogs.

G

Literally, every single house, around their property around our property.

G

Is dogs dogs scientifically, has a higher barking decibel than a rooster's crow.

G

So I don't understand why there's a need of noise cancelling headphones again when my coop is right.

G

Next to my living room window, I can open up my living room window and give them treats, which I.

G

Have pictures of as well? um I don't know what else I might need. I have notes as well. If I need to.

G

Look over real quick, my husband can go and while I'm reading steve jordan, 65 16 freedom avenue.

I

J-O-R-D-A wait a minute before you go. We need to be able to ask questions. Oh okay! Oh I apologize. I.

G

Don't know I was trying to read more, um I actually do have a little bit more um well. Actually, I think.

G

He was true he was going to handle that aspect. Okay, you can ask questions. Okay. Does anyone.

A

From the audience have any questions of miss jordan's testimony, mr allman? Yes, thank you.

D

Just a few questions, um the letter from dr morada um august 21st 2020, um here's a copy. I highlighted.

C

um A sentence there um can you please read that to the board. I approve the chicken two pounds as.

G

An emotional support animal for you so approved a chicken which would be one chicken and two pounds.

G

And all of them were approved by scott with the second letter that was given that you.

G

Guys did not have because you stated it did not exist. I was told I was a liar in so many words.

G

And was told to bring this letter as a as proof because it did not exist.

A

So but wait a minute in response to mr allman's question. Yes, one one, animal is only registered.

G

In esi, none of the rest of them, none of the hens are okay, and um then you mentioned.

D

You have you re-homed, uh the former uh rooster. uh Where is? Was he re-homed? I'm sorry he's re-homed.

G

In uniontown union bridge near francis scott key, and um is that a permanent arrangement.

G

That is a permanent arrangement. I am able to visit him at any time. This is 30 minutes away.

G

I have an open agreement with the owners that I am able to visit him at any time.

G

The whole farm is basically open up to the public for the public to visit the chickens.

G

So, yes, it is a permanent arrangement. I did that to hopefully help my case since the hens were not.

G

An issue, and only the rooster, was an issue, so you re-homed him because the the rooster was an issue.

D

um But then, if I understood your testimony, you have a new rooster on the property. I have.

G

No roosters on the property at all. um What I'm saying is this is that's it. That's a hen, okay or.

G

Else, I'm sure you would have heard a crow at some point during this conversation and a hen would be.

D

Characterized as a chicken or poultry or husbandry, would that be correct pets or actually technically.

G

Aesc is a working class animal. They are not even considered a pet or livestock or farm animal.

G

They are a working class animal. I am just referring to um the determination.

D

Of generally, that a chicken would be referred to as poultry or husbandry is that correct? Yes,.

D

You mentioned a letter from august of this year. 2021, um do you have that letter with you.

G

What letter you referred to that you had a new letter.

D

um From a therapist regarding yes, do you mind if I look at that.

G

No, that's! Oh actually, I have two letters. I have one for my psychiatrist.

G

And I have one from the therapist that I see every single week.

D

Thank you, which, depending on when I get out of here, I might miss it.

D

uh Thank you, um miss jordan. I would again just um point to this sentence that reads: I approved.

D

A chicken two pounds as an emotional support animal for you.

I

I

If you would like to submit that into evidence, we will go ahead and accept that.

G

Hold on here's taurus's thing and you already have their.

D

And how many um I'm sorry would you like your exhibits? Yes, thank you and just currently how many.

D

Hens or chickens are I'm sorry, I'm getting the terminology wrong are currently on the.

D

Property, we have five that live outdoors in an enclosed run that cannot be opened unless we.

G

Open it, and then I have this one, which would make the sixth one that lives inside with me.

G

She has outdoor time in which she is enclosed, with my hands.

G

For a certain amount of time- and then I bring her back in and when she stays.

G

The rest of the day, but she does need outdoor time to eat grass and look for bugs, etc. Mingle.

G

With the chickens, normal chicken things to be a healthy chicken, therefore, to help me.

D

I'm this um case has been postponed, uh or this hearing has been postponed several times um as.

D

I'm sure you're, aware um and from what I was told from the board was it was due to um you're going.

D

On vacation that um this summer we were, finally, you know kind of allowed to do things again.

D

uh As the pandemic was getting better, um when did you go on uh those vacations.

D

Do you know the dates um july, 2nd through the 5th.

G

And july 25th, through.

G

August, oh, you guys came back the second or the first and then I was on vacation for another week.

D

Okay and during the vacation did you have either elvis or taurus with you. Yes, I did.

G

And I have plenty of documentation to prove that as well.

D

Do you have that documentation with you today? I don't have it in printed form.

G

But I do have plenty of photos that I have documentation of, and videos and etc.

G

On the beach and hotel rooms in the camping intends everything in restaurants and stores.

D

I have no further questions at this time.

A

Board members, mr caldwell, your first letter ms jordan said was dated 8th of fall. Sorry.

J

17Th of august 1988 and then you said, you testified that you purchased chickens in.

J

5Th of july 2020., so what did you use for emotional support animal during that time?.

J

In between, I did not have an emotional sport animal. At that time I was really struggling.

G

And was to the point where my husband was considering taking me to a rehabilitation center.

G

For mental health and we were trying to find other avenues to help my mental health before having to.

G

Unfortunately, send me to where I need can get it the best.

I

Okay, this was this was during lockdown coveted as well, so.

J

My second question is: uh are uh chickens allowed under your lease as pets? Yes, you have do you.

J

Have to have a copy of your lease or anything like that. My grandparents are landlords and approved of.

G

Having chickens on the property? Okay, fair enough, thank you. No further questions. Any questions.

L

Just to clarify your service animal now, the one that is registered or licensed.

L

Which one is that that is um taurus elvis's expired august of 13 2021, in which the same.

G

Day that expired, I re-hummed him and we have images of that as well.

G

Okay and you, you reference this letter from mr robinson from the zoning department. Yes,.

L

I'm I'm reading over this, and it just it recognizes that the chicken coop must be.

L

Moved a minimum of 75 feet away, the rooster must be contained, so it does not cause a nuisance.

L

Or disruption and then there is a notation that the case was closed, but I'm trying to understand.

L

The relevance of how that suggests that the hens were still okay on the property.

G

Because the initial he initially approved of all the chickens to be on the property, not just.

G

My rooster: do you have that in writing somewhere, because I this letter does not say that it might.

I

Have been in the other two letters that were sent out, there was there's two more letters.

L

And you have those with you, I think they've already been submitted. I mean there's this one.

D

That's exhibit five exhibit five is the original one from august 2020, but even verbally talking to.

G

Them they said I could keep all of my chickens that I had I'm gonna object to that as hearsay.

L

So that's not in exhibit five, that's not what's expressed in exactly. I was no. I was just objecting.

D

To what she was claiming was said to her, that's that's my way want me to. I can come up.

L

Could you please, okay, I think he's a bit here.

A

I'm a bit confused at this point.

L

Okay, I do have that one, but why is that objectifiable when you took the letter.

G

Of what she was documenting as far as crowing, anybody can type write down the times. I'm just.

D

Doing it for the record man? Okay, so this that's exhibit. So if everything all the references that.

L

I'm reading in this letter are only referring to the rooster. Do you have some other documentation.

L

Written documentation where either mr robinson or mr voight gave you written permission to have.

L

Anything other than your service animal on the property.

G

No, it was just an ingredients that I could okay, so nothing in writing. They didn't write anything.

G

About having to get rid of the hens, it was always addressed to the rooster that was always in the.

G

Noise ordinance was about the rooster. The nuisance was about the roosters, never addressing my hands.

G

I I don't. I don't want to speak to the zoning administrator, but it's my understanding that the.

G

Issue speak for me too, though, or do I? Is it just at me yeah it's it's my understanding that the the.

L

Question here is that poultry is not permitted on a lot. It's less than 20 000 square feet.

L

And that's what we're here to decide today that was I my understanding.

L

What we are looking at, whether it is permitted or not, permitted.

L

um I just know that they I mean, I don't have it in written form, but I have talked to him.

G

Several times on the phone, I've talked to them through text messaging, and it was stated that.

G

I could have at least one rooster and five hens. Only six chickens were allowed on the property.

G

But the whole issue was always about elvis that's why it was never discussed in the letter form.

G

Okay, but but there's nothing, I don't have it in written form. I only have it.

G

In verbal conversation that I could keep all of them, because I was only allowed to have six.

G

Chickens on the property, okay, thank you um one other quick question.

L

I and I I apologize if I misunderstood this, you indicated that you homeschool your children. I.

G

Did last year they're going back into public school this year? Okay, thank you.

A

Any other questions board members, I'm still in the same fall as far as dude. I got the ada.

K

And the surface animal I am confused about the other poultry.

K

Because the letter from the therapist speaks of a chicken or a singular chicken, um I saw the.

K

Coop and poultry presents two entirely separate. Things um is, maybe is there any ministry? Well, I.

A

Think what we're looking I mean turn to page two, which is the actual formal notice of violation and.

A

This is for clarification. The raising of chickens is a violation of code of.

A

Public laws and ordinances, carroll, county chapter, 158-74, r-1000, residence district.

A

And that's the notice of violation- and this is an appeal of the notice of violation.

A

And what we're here to it very clearly states that, in order to have farm animals of any type.

A

You must have a minimum of 20 000 square feet of property right so and that's my understanding.

K

I just the testimony from miss jordan that she's been giving permission to have these additional.

K

Chickens on the premises just surprises me, that's what I appreciate you asking. This has been raining.

K

Someplace because I haven't seen it yeah, maybe I've missed something. Yes, I didn't find it in here.

G

I don't I don't know it was just always when they talked to me. It was always about elvis they are.

G

Very aware of the hands, but that was never the issue they never said had to get rid of the hands.

G

It was always just the rooster each time that even the county commissioner was pulled into it.

G

He put in a complaint and had no idea who we were lives near us, had anything to do with our property.

G

But still put in a complaint for it, I'm going to read the second paragraph here where the.

A

Notice of violation, the formal notice of violation from april 7th, which is in the file april, 7 2021,.

A

This letter will serve as a bowl print, formal notice of violation and the form end of.

A

Bold print, please remove the chickens, including the rooster within 30 days,.

A

So that this is this is what went out on april 7th. We were going to have the hearing.

D

I believe early june or sometime in june, and it was postponed twice.

A

Well, we're gonna yeah, we're gonna, have it in june, then july, and now at once. I only postponed it once.

A

So so we've had it postponed since april 7th, when this notice went out april, 7th sort of in may 7th.

A

Is when the uh the deadline for removing the other chickens and the rooster? So it says within 30 days.

A

So that's that's what we have mr snyder response to your question just so that we're crystal clear.

A

This is this is in writing in on the second page of the documentation we have in front of us.

A

And it's also entered into evidence. Okay, any other questions of miss jordan's. uh Testimony.

A

Okay, very good. Thank you, miss jordan. Mr jordan. Do I need to do my name again or yes, please.

I

uh Steve jordan, 65-16 freedom, avenue uh j-o-r-d-a-n. um I got. I also want to touch.

I

On what we just talked about um with the other chickens, um if you notice every single letter.

I

That you guys probably have only talks about a rooster until you see it right here about the hens.

I

Nothing's ever discussed about the hens because, like like she said, we were verbally told that it.

I

Was okay to have the hands and every complaint has only been about the rooster. So I guess maybe we're.

I

Also here to have some lengthy on even being able to have the chickens, because nothing has been.

I

Formally printed or documented, I mean I even took off work to have a conversation with these.

I

Two gentlemen, who began to tell me that I asked him I said so: you're just taking people's words.

I

Jay told me no, he always sends out an inspector. I asked him what his inspector found.

I

He says that you have a rooster, I said. Yes, everybody knew it that they're in an enclosed pen.

I

I said yes because you guys asked us to put him in an enclosed pen, so we did, and he also.

I

Said that he didn't make any noise the rooster while he was there yet he still filed and said.

I

That his investigation said that he was being a nuisance, so he was believing other people's.

I

Words, even though his own inspector didn't find that to be true on site now. That's just verbal.

I

Well, what I had it like, I said we I literally took off work, so we could have a phone conversation.

I

Because we couldn't meet in person, I guess because until some of the stimulation, mr.

A

Jordan- I don't want to interrupt your testimony here, but let's, let's be perfectly clear here,.

A

The reason we're here today is because you're appealing.

A

I don't care about the peripheral issues, because if you are appealing the zoning administrators.

A

Letter of april 7th, that is, a formal notice of violation. So that's what we're here to talk about.

A

Yes, sir, and in that it says, please remove the chickens, including the rooster within 30 days,.

A

Failure to comply could result in a fine of 500 a day assessed from the date.

A

Of the notice of violation, as each day, the violation exists as a separate offense. So that's.

A

What we're here to talk about, not the peripheral stuff, so so in this, I don't care what is said.

A

Your appeal is of the zoning administrator's findings, and that's this page right here is.

A

Why the reason we're here today? Okay, so if you could either refute what is here.

A

In in that, in some way shape or form, this is this is an appeal of this decision, so you need.

A

To tell us how this is how this is not a correct decision. According to the zoning laws, okay, okay,.

A

I know, and I didn't mean to interrupt you- that's fine, but I think we're going down another rabbit.

I

Trail. Okay, I I do. I guess I have a semi question. I don't know if it's interactive like that, but.

I

If he is emotional, support, certified or was and you're telling me to get rid of him.

I

That's still allowed is that what I'm understanding? What letter regarding or.

I

Not if he, at the time of this letter, he was still certified as an emotional support item.

I

Getting rid of him is violating rights of hers. Correct, or am I not correct, because if that's.

I

The case, how am I allowed to even accept this because you've already violated her rights to.

I

Even have an emotional support, animal and you're telling me I have to get rid of her.

I

I'm going to be fine, fifty dollars a day here forward. Mr allman, would you like to respond.

D

I would um mr jordan's correct that the right does exist to have an emotional support. Animal. However,.

D

That is not an unconditional right that there are guidelines from the federal department of housing.

D

And urban development, which enforces the fair housing act which, under the federal, fair housing.

D

Act as amended in 1988 prohibits discrimination based on disabilities. Physical and mental. However,.

D

Hud and the department of justice have issued guidelines regarding uh the veracity of.

D

Of emotional support animals and make it clear that it is not an unconditional right that there.

D

Are circumstances where if the animal um is causing a nuisance or is not controlled by the.

D

Owner then, um the the um the rights that attach to the emotional support animal um no longer exist.

D

And I can go further and I was gonna bring that up more in the summation period.

A

Okay, so there's the clarification on that: okay.

I

I just still confused because, like I said he, he said he sends out his own investigators, yet they.

I

Didn't present anything all they have is they've they've, gotten complaints, but they haven't had any.

I

Proof that he was even being in newsies besides the word of another person, we are here.

A

Look, we are here because it's a zoning issue where the board of zoning appeals.

A

I'm not an expert on poultry. um I know that rooster's crow. I know that hens, don't.

A

um I know that hens lay eggs, roosters, don't okay, that's about the extent of what I know.

A

About poultry, my grandfather raised poultry. That's the extent of what I know about it. What we're here.

A

Today is the board of zoning appeals. Is your your appeal of the formal notice of violation that you.

A

Received on april 7th, so as it relates to that, you can go forward with your testimony, it says, but it.

I

Says on the paper it says that we found your tenant, has five chickens and one rooster that.

I

Are causing a nuisance and you testified- your wife testified that there are at the present time, six.

A

Six head of poultry on the farm um and what I'm talking about the is the proof of being a nuisance.

C

Is it just based off a complaint, but but we are looking at the code and the code says the code.

A

Says you're not allowed to have chickens on a lot less than twenty thousand square feet. Your lot.

A

Because you testified to those fourteen thousand, that's the issue that we are dealing with. Okay,.

A

All the other issues are peripheral. That's not that's not our charge.

G

Can I add something or do I need to restate my name and everything no go ahead? You can add to.

G

It, okay um again, it was verbally talking to him, but when I was looking for my about zoning because.

G

I did try to look up the rules for them and I said that you know online. It says that under.

G

An acreage of land, you can have up to six chickens and he says he does approve a j. He does approve.

G

Of it as long as there's not like, he is lenient with the hands as long as there's not an issue.

G

Standing so moving forward. If we do, we re-home the the rooster he's already stated to us that he does.

G

Allow hands on property lessen what is asked of as long as there's no issues so if but but we're.

A

Dealing with what the code is, we're not allowed to make code. The commissioners are the ones that make.

A

Code, the county commissioners, not this board, we are charged with upholding the codes as they are.

A

Written not as they're written in other counties that you testify that it's a difference in the.

A

Code of baltimore county: that's not our role. Our role is to uphold the codes of carroll county.

A

As they're presently written, but mental health actually takes precedence over zoning laws.

I

I mean I know that part, but even still moving forward, there's no rooster. Where does that lead.

A

Us now it doesn't, it doesn't matter whether it's a rooster or a hand. Poultry doesn't.

A

Matter if they're not being sold, they're not being distributed, that doesn't, it doesn't have.

A

Anything to do it's a what you have is defined as poultry. That's that's defined in our zoning.

A

Code, it is not allowed on a lot less than 20 000 square feet and you presently live on a lot. This.

A

Less than 20 000 square feet, let me give you an example: a welding shop is not allowed in.

A

The agricultural zone, we cannot approve a welding shop in the agricultural zone. We cannot do that. We.

A

Can't approve poultry on a lot less than 20 000 acres. This was a notice of violation and we're.

A

Here to uphold the law, even though we have letters of approval, you you, you don't have what you have.

A

What you have the reason for us being here today, all of their letters are not avoided.

A

We are here discussing this letter that was that was dated april 7.

A

I'm confused about the letter of approval that you're referencing. What what letter.

A

But that that's peripheral we're here on the on the appeal, my point being there's no, I have.

L

Not seen a letter of approval from the zoning administration, there has been words of of we have.

I

Approved a rooster on the site, my question is: is that why would they service animal with conditions.

I

Okay- maybe that's maybe this one. The second letter doesn't state the same conditions.

G

As the first one, this first letter had to be rewritten because they made my therapist rewrite.

G

The letter and then they told me that I forced my therapist to rewrite the letter to go in my favor.

M

This has nothing to do with the service animal again. This has to do with the truth.

G

I guess because this is.

A

I I mean that that's that's the box, we're in.

A

We don't write the regulations, the commissioners, the commissioners approve and adopt the.

A

Regulations that we as a board are here to uphold, and I notice a violation is with the chickens. Okay,.

A

The support animal- that's a that's a whole another that that's a whole nother.

A

Issue, but what we're here is the chickens that are on a lot less than twenty thousand square feet.

A

And it was testified too, that the lot's about forty fourteen thousand six on each. So that's.

A

What we're here! That's what we're here to that's! What we're here to uh act on today.

G

And I believe I shared everything I guess I can. That has anything to do with this paper.

A

Okay, oh mr jordan, you have any further testimony. No sir.

A

Okay board members, any questions of mr jordan's. Testimony.

A

I see a hand go up back there. I no okay. No one else has any questions on mr jordan's. Testimony.

A

Because he was wiping his brow, sorry, I saw peripherally of a hand flash up. Okay, thank.

A

You, mr jordan, do you do you have any uh witnesses that you would like to call or anyone that would.

A

Like to provide testimony, does anyone does anyone have uh want to provide their own testimony today?.

A

See there's a couple people back there took the oath at this point. This is the time to do that.

A

Before we close testimony, so if you have anything to say, please make your way to the microphone.

G

Can I sit down yes ma'am good morning? My name is robert mace.

N

6506 church street, I'm a retired school teacher, baltimore county college schools.

N

Mace, I I would um just like to say well, you guys can hear me.

N

We live about a block, every block and a half.

N

From the days and I recorded, I heard that rooster almost every morning and I'd be in my house.

N

Brushing my teeth and I could hear the rooster crow, so I know that it had to be.

N

A problem for the people that lived around the house.

N

Because uh it made a lot of noise and I go for a walk every morning. I try to do two miles.

N

And I walked from my house down to the fire department on. It was the third 32 and you.

N

Could hear the rooster crawling all over the place, so it does make a lot of noise and.

N

It just was upsetting to me one time I was out of the back of my house reading a book one afternoon.

N

I could hear the thing crowing so it was loud. Thank you any questions of mr mace's. Testimony.

A

Okay, thank you, mr mason. Does anyone else want to provide testimony.

O

I am sarah mace, I own apartments. Are you? Are you married to him? Yes, okay, and I am so. Could you.

A

Give your address, though, 6506 church street okay, I own apartments across trailer avenue.

O

The chickens have been running loose or were running loose in the apartments.

O

The noise from the rooster is unbearable. My tenants were complaining.

O

It's loud like it's like he said we live a walk and a half away and very noisy.

O

Thank you any questions of mrs mace's testimony. I just have one miss mace. First of all, I just.

D

Want to thank you for coming. Do you have any documents to provide to the board? Yes,.

D

Thank you, mrs mason. Do you want to explain the documents that we're going to enter into evidence.

O

um One is a petition and there are two affidavits from tenants that couldn't be here: okay,.

A

We will accept those into evidence. Thank you.

A

Okay name address: occupation is spelled for the record. Your last name, thomas jeffrey houndshell,.

P

915 trailer avenue apartment 12., it spelled for the record, your last name, h-o-u-n s-h-e-l-l,.

P

A

You can you can begin yeah started directly across from the uh the residents of mrs jordan and.

P

The rooster I hadn't heard it in a day or two, but before then the rooster was always growing.

P

All during the day and all doing it the morning- and it was very annoying.

P

That's all I had to say any questions of mr hanshell's. Testimony.

A

H-O-U-N-S-H-E-L-L.

A

Yeah s-h-e-l-l.

B

What's your first name.

A

Okay, it looks like we've exhausted all the people in the audience.

A

We're going to take about a five minute break before we have our summation comments.

A

You called bz8 back to order um anyone else have any testimony before we close testimony.

A

Okay, very good presentation of testimony of evidence is now closed and summations are in order.

A

Mr allman, are you prepared to begin your summation comments.

D

uh Yes, uh mr chairman, and let me interrupt and uh the jordans either one of you can go.

A

Ahead and give your summation comments, then, after mr allman gives his okay.

D

Thank you, mr chairman, and members of the board. um I just want to be clear on what the issue is here.

D

Today, before you and what you are deciding, the issue is a violation of section 158 074 of the.

D

Zoning code, this um that 158.074 is in regards to the r10 000 district, which does not permit.

D

Ag uses on lots less than 20 000 square feet that is clearly stated in the code is also clearly.

D

Stated in the code that agricultural use in the zoning definitions includes poultry husbandry.

D

And testimony before you today from both the county and the jordans, testimony has made clear.

D

That there is poultry and husbandry on the property that there are multiple chickens.

D

That there is a new hen on the property, no um and then regarding the uh rooster causing the nuisance.

D

There in evidence there is a letter addressed to the jordans from the humane society regarding the.

D

Noise and the nuisance that it was causing the neighbors in evidence. You have heard testimony.

D

From the neighbors here today about the annoyance, the uh and the nuisance that the rooster caused.

D

Now I understand that, um in between the violation and this hearing, the rooster has allegedly been.

D

Re-Homed, no evidence has been submitted um to back that fact up as such, that um no evidence was.

D

um Submitted to this board, I would request that um in your ruling, you also rule that roosters.

D

Count as poultry husbandry and are not permitted on this property. This is very simple case.

D

Husbandry, poultry are not permitted on lots less than twenty 000 square feet.

D

It has been testified, too, that this lot is only 11 000 square feet as such poultry husbandry.

D

Some chickens, hens or any variation of are not permitted on the property. Thank you for your time.

A

Thank you, mr allman. Mr mrs jordan want to give any summation comments.

A

You can you can go to either microphone whichever you want. It doesn't matter.

G

Jessica, jordan, jlrda again 6516 freedom, avenue, photographer ricky master practitioner.

G

I understand the codes. I understand that there's chickens. I can't understand what you.

G

Also think than me, um I understand the codes and there are chickens on the property.

G

I also just thank you. um I did not realize I need to print out a picture. I do have the pictures like.

G

I said that elvis is re-homed, but I didn't realize I need to print that portion out, but.

G

I do have that on me, but I would ask to find it, maybe in your hearts, to make this a special case.

G

Because it does involve an esa that the rooster is re-homed, the rooster is not coming back.

G

And complete understanding and agreements of that, but I would like to keep my hands.

G

um Just to continue to help me and to help my emotional support animal be able to.

G

Still see a happy chicken as well, it is a special case I do like. It is a special case. I would just.

G

Like it to be looked at like that, that there is no nuisance around anymore, that the hens are not.

G

Noisy and never once were the hens, an issue for any of our neighbors. I just asked that.

G

That the case just be looked at as a special case in my standing. That's all thank you.

A

The hearing and record of this case is now closed and, in accordance with the uh meetings act of maryland, the board will now consider the case board members.

M

These are never fun, they just aren't fun.

M

We're as a board of zone in appeals, in this case 63-26.

M

We're to look at whether the zoning administration's.

M

Administrators notice, a violation, is appropriate. We've got the code. The code is clear, as can be.

M

The family doesn't meet the code, he cited them for that am I to say mr boyd is acting inappropriately.

M

No he's doing his job that he was hired to do by the county commissioners and.

M

The unfortunate thing is not everybody ends up happy when he does his job.

M

I think that's probably an accurate statement and I think that's true of his.

M

Assistance as they go about their business, it seems to me.

M

The statement of fact is: the board must determine whether to uphold the zoning.

M

Administrator's notice of violation, I don't see any way that I cannot uphold.

M

His action, I think it was clear that he did it as humanely as possible, but.

M

That leaves people upset and unhappy.

M

Choice is to live elsewhere, where you got 20 000 square feet.

M

Sorry but I don't see any other solution.

J

Mr caldwell, um I agree that the uh the county has uh clearly stated the the code. The violation is.

J

Clear um I would like to suggest that the um because of some confusion on the part of the.

J

The jordans that the wave the uh the fees, the fines associated with this, which at.

J

This point comes close to like seven thousand dollars or a little over that if it's enforced.

D

We have no issue with waving any fines. Thank you. Okay,.

L

I really have nothing further to add. I think it's a clear violation, and I think that mr.

L

Boyd acted appropriately, mr snyder, I also agree, I believe, is a clear violation. I thought the county.

K

Tried to accommodate um and were very prudent in the enforcement of this and.

K

I believe the code is in this case, the code, and it obviously is impacting an input that we should.

K

We should deny.

K

Okay, board members I'll entertain the motion.

A

In case number, six three, two six. Yes, I'm going to amend that. If we can, um I meant the motion to.

J

Deny the appeal and also waive the uh the fines associated with with the uh violation? Okay, so.

A

Okay, so we've accepted that do we have a sec, mr service. I need clarification.

M

What do you mean when you say deny the appeal? Is that what you just said? Yes,.

C

This was an appeal of a zoning administrator's notice of violation, so this is support. The appeal.

A

Okay and then, along with the and then to.

M

Yes, that's your addition. I think there was also a request that we specifically state that.

L

Roosters are considered to be poultry as well.

L

We've done it that's redundant. I think this is redundant.

J

Poultry is poultry, male or female right, yeah; okay, I'm good with that. Okay. So so the motion.

J

uh Do you want me to make a motion? The motion is to um deny the appeal of zoning administrators.

A

Notice, a violation and to um wave that wave the fines associated with the violation.

A

Okay, do we have a second on that motion? Exactly okay, miss mr uh yeah yeah. You can.

A

Do that mr caldwell? Second in the motion? Okay, any further discussion on the motion.

A

Seeing none all in favor, aye aye, all opposed no motion carries five to zero. Our oral decision will.

A

Become final upon a written decision which will be issued within 30 days unless otherwise extended by.

A

This board, the board's decision, may be appealed by filing a petition for judicial review with.

A

The clerk of the circuit court for carroll county, in accordance with the provisions of chapter 200.

A

Title vii of the maryland rules of procedure, the appeal must be filed within 30 days of the.

A

Date of the board's written decision. Thank you very much, and this hearing is adjourned.

A