AGENDA and DRAFT MINUTES
CALL TO THE PUBLIC: Agenda Items Only – 3 minute limit
APPROVAL OF AGENDA: July 19, 2005
APPROVAL OF MINUTES FOR: None
Case # 05-05 – James P. & Suzanne L. Radick
John Lowe, Larry Fillinger, Dan Lowe, and Linda Manson-Dempsey
CALL TO ORDER
John Lowe called the meeting to order at
APPROVAL OF AGENDA
Larry Fillinger motioned to approve
the agenda as presented. Linda
Manson-Dempsey seconded. Motion
The members of the Zoning Board of
Appeals introduced themselves.
CALL TO THE PUBLIC
ZBA Case #05-05—James P. & Suzanne L. Radick
John Lowe asked Mr. Radick to update the ZBA. Mr. Radick said he ordered “Super Bark Stop” and
received them today, so he hasn’t had the chance to install them. He hopes this will work for the interim
until the dogs are debarked.
area who perform the procedure. They said the procedure is considered cosmetic and is not
Larry Fillinger said he felt the Radicks have made an effort to reduce the noise by 1) stockade fence,
2) shock collars, 3) sonic devices, and 4) debarking.
Linda Manson-Dempsey asked Mr. Radick to confirm the number of dogs. Mr. Radick said there are
18, three dogs in the house and 15 sled dogs.
property should be considered, not just the sled dogs.
Call to the Public
to 18. He
asked what will happen if the dogs can’t be debarked.
Bill Atkinson, 3219 Dutcher Road: Mr. Atkinson asked the chairman if the ZBA received a copy of
Mr. Reizen’s letter.
Mr. Lowe said yes.
John Lowe closed the Call to the Public.
Larry Fillinger motioned for ZBA Case #05-05 to relax zoning ordinance Section 8.01 D 3 a, allowing
eight (8) additional dogs, for a total of eighteen (18), over the maximum of ten (10) dogs allowed in the
Hobby Kennel section of the ordinance.
Three conditions to which this variance is being issued include:
1. The barking/howling will be controlled. By October 17, Mr. and Mrs. Radick will take steps
to reduce and/or eliminate the noise currently created by the
dogs not to bark
building a sound-proof structure
2. As the dogs age and their numbers are reduced, the dogs cannot be replaced until the
total number of dogs is less than ten (10).
3. On an annual basis, a representative from the township will visit the kennel to view the
conditions of the dogs and kennels to determine satisfactory or unsatisfactory and make sure
the Radicks are complying with the conditions set forth in the variance request. The
representative, upon request to the Radicks, will be granted the right to inspect the number of
dogs and verify papers of each. In addition, the Radicks
will provide the township with
In addition, the Radicks will provide the township with
documentation (name, age, breed, license number) for each dog.
It has been determined that a practical difficulty or unnecessary hardship
exists in Section 5.05 C as
It has been determined that a practical difficulty or unnecessary hardship exists in Section 5.05 C as
hardship and deprive the owner of rights enjoyed by all other property owners owning property within the same zoning
Strict enforcement would cause an unnecessary hardship and deprive the owner of rights enjoyed by other property
owners, this right being the ability to engage in a competitive hobby of their liking, specifically dog sled racing. This
number of dogs is necessary for the pursuit of this hobby.
same zoning district.
With the total acreage of this parcel being 12.7 acres, if this parcel were split into two equal sections, more than
20 dogs could reside on these two parcels. Also, if a special use permit were issued for a commercial kennel,
more than 20 dogs could reside on
This situation was self-created.
However, two factors need to be taken into consideration:
replaced with younger, stronger dogs.
b. The Radicks have proven themselves to be humane. The older dogs are entitled to live their lives in full upon
township shouldn’t force a family to get rid of dogs because they are too
old to compete.
the same zoning district.
Dog sled racing is a unique sport. With 12.7 acres, in addition to the 10 acres leased behind the Radicks’ home,
the township is not out of
line issuing this variance. Future
cases will be dealt with on a case-by-case basis.
The necessary acreage of land to house 10 dogs is 3 2/3 acres.
The Radicks have 12.7 acres with an additional
The necessary acreage of land to house 10 dogs is 3 2/3 acres. The Radicks have 12.7 acres with an additional
10 acres adjoining the
In addition, the Radicks will provide the township with documentation that
the procedure was completed.
In addition, the Radicks will provide the township with documentation that the procedure was completed.
Linda Manson-Dempsey seconded. Roll call vote: Larry Fillinger, Linda Manson-Dempsey, Jack Lowe, Dan Lowe—
all yes. Motion
Linda Manson-Dempsey motioned to adjourn the meeting at
Larry Fillinger seconded.
Motion carried 4-0.