PLANNING & ZONING
BOARD OF ADJUSTMENT
Board of Adjustment
TAYLORSVILLE-SPENCER COUNTY BOARD OF ADJUSTMENT
March 14, 2019
The Taylorsville-Spencer County Board of Adjustment held a meeting on Thursday March 14, 2019 at 4:00 p.m. in the Fiscal Court room at 28 East Main Street, Taylorsville, KY.
Chairman Greg Murphy called the meeting to order. Present were Dean Curtsinger, Charlie Ethington, Doug Goodlett, Annelle Hoene, Greg Murphy, Code Enforcement Officer Jan Kehne and Zoning Administrator Julie Sweazy.
Motion made by Annelle Hoene to approve the docket, second by Mr. Goodlett, all in favor, motion carried.
Motion by Annelle Hoene to approve the minutes, second by Mr. Curtsinger, all in favor, motion carried.
Administrator Sweazy stated that HB55 Training will take place in the next few months and she will send out a date for those who will need training this year.
Attorney Dale administrated the oat of testimony to those present requesting to speak.
Attorney Dale: A little history, originally we met with Mr. Klotz back on December 20, 2018 and he gave testimony about his kennel. This was held over to let some of the neighbors who were not able to attend this meeting, at the next meeting on February 7, 2019, Mr. Klotz did not show, the neighbors testified and a ruling was made. Several days later an attorney called to say Mr. Klotz was never notified. So here we are. Mr. Klotz has already testified, so it will be up to the court and Mr.. Klotz to determine if they want to hear additional, so this will give him the opportunity to question the neighbors over their testimony. As he recalled, he needs to bring in some information to us. So the issue is to see if he can get a dog kennel license. His attorney is here and he will have the opportunity to cross examine the witnesses and Mr. Klotz testify after that. Do you have a problem with the process?
Attorney: Crawford: no, not at all
Attorney approached the podium:
My name is Attorney Tim Crawford, 312 Washington St, Shelbyville Ky, I want to make a brief opening statement. (tendered a calling card to Mrs. Sweazy) This is on recording?
Attorney Dale: yes it is
Attorney Crawford: I won’t have a problem with that at all, I would like to note I appreciate you giving Mr. Klotz the benefit of doubt, we pulled his phone record and he has witness..
Attorney Dale: As I pointed out before, that is not an issue, again this is being recorded if you need any of the prior recording, you can obtain recordings if you would like to.
Attorney Crawford: Again I appreciate you taking time with this matter, I would like to make a brief statement, I’ve been working with Mr. Klotz for sometime not a long time but spent some time with him lately. I know he has invested over twenty thousand dollars in the kennel operation. Has been a kennel operation for fourteen years, ten in Spencer county. I understand different animal patrol and dog wardens have been out there numerous occasions and never been sited. He wants to make some change to his kennel operation. On about three acres of land, has some plans to put up a fence up. He can move kennel operation to tree line but would prefer to not do that. With all due respect let him “grandfather” his kennel in. His kennel hasn’t had any problems in the past ten years.
Attorney Dale: just a reminder counselor comments are not evidence.
Administrator Sweazy: who is going to speak now (to Attorney Dale)?
Attorney Crawford: I will talk with my client
Administrator Sweazy: does he want to go now?
Mr. Klotz: I want to speak now.
Mr. Klotz approached the podium.
Mr. Klotz: I am Jeff Klotz, I live at 2400 Wilsonville Rd., When I was first here I took a business approach with my kennel. Mr. Klotz, restated that he hasn’t had any problems, his dogs are well taken care of. (Mr. Klotz repeated his last statements from December 20th, 2018) He originally wanted to keep thirty (30) dogs. He would like to move the kennel down the hill if he has to.. He would like to propose building a fence everywhere as he makes more money. Cut down to to fifteen dogs and keep my breeding rights. This is my lively hood. Three to four generations, they are good dogs. No one has been hurt. They don’t bark, they are relaxed, I have videos. States that he is not in a residential neighborhood. States that by law he can keep five dogs outside and more inside. States that he and Melvin Gore have a good working relationship, he is a good guy. He had met with Mr. Gore after the meeting and Melvin said his dogs were good and looked through his records and said he takes good care of the dogs. He says that Mrs. Braden is vindictive and has gotten the neighbors together to say things against him.(Attorney Crawford attempted to stop his client)
Continued with more of the same from December 20, 2019.
Attorney Dale: for the record, what type of animal.
Mr. Klotz: American Bully, spin off of Pit Bull, next generation.
Attorney Dale: Do you have a question for your client?
Attorney Crawford: Not at this time
Administrator Sweazy called Rhonda Braden to the Podium.
Mrs. Braden: my name is Rhonda Braden, I live at 2428 Wilsonville Rd. I stand behind my original testimony, along with several neighbors, barking when I’m outside, barking when I’m inside, barking at 2:00 a.m.in the morning, to the point I can’t sleep at night. I use to call him before I called anyone else. I tried to work with him over the past eight years. Jeff told me he can’t hear the dogs barking in the house. I would like to reiterate being surrounded by his dogs at one time (continued with detail from original statements) I talked to him about not letting the indoor dogs out without a fence, I talked to him about the privacy fence, nothing ever happened, he may be talking about it now but we have talked about it before. I have video of barking.
Attorney Dale: Do you have questions for this witness?
Attorney Crawford: I do, you were attacked?
Mrs. Braden: not bitten, I was running down my driveway, they chased me into my front yard, there was no where for me to go, I yelled for my then husband, I yelled for Jeff and finally my husband came out waving something.
Attorney Crawford: how long ago was this?
Mrs. Braden: my son was two, he is now eleven.
Attorney Crawford: so he is eleven now and nothing else has happened?
Mrs. Braden: yes, the dogs have killed my cats in my yard and chased one into his yard and killed it. We saw that and told Jeff about it. I called animal control, they didn’t consider it a felony. I have proof of the time, I have proof that I called that I called animal control.
Attorney Crawford: It is fair to say from a childhood incident that you are scared of dogs?
Mrs. Braden: I’m not scared of dogs, I’ve rescued dogs, I’ve had several dogs at my house I volunteer at the humane society. I am an animal lover.
Attorney Crawford: is your consensuses right now the present configuration of the kennel..
Mrs. Braden: my concern is the amount of dogs that get out, that aren’t contained. I will not let my children out into the yard to play by themselves.
Attorney Crawford: has there been other incidents?
Mrs. Braden: not with ten dogs, they have run up to me but have stopped
Attorney Crawford: how long ago?
Mrs. Braden: over the past two years.
Attorney Crawford: if Mr. Klotz would move the kennel down the hill would that be okay?
Mrs. Braden: not at this time. Mr. Klotz says I’ve been vindictive, talking bad about him, convincing the neighbors…, he hasn’t done anything to work with me in the past, now that he is trying to get his license, what will happen? Just now he will get the dogs settled down. What will happen once he gets his license?
Attorney Crawford: well once he gets his license he has to stay in compliance.
Mrs. Braden: then I don’t know why it has taken him 8-10 years to get into compliance.
Attorney Crawford: even with electric fencing, moving the kennel, priv...
Mrs. Braden: rejects any other options given to he by Attorney Crawford for the safety of herself and her children.
Attorney Crawford: neither you or your children have been hurt.
Mrs. Braden, thank God, thank God
Attorney Crawford: how many times have you called law enforcement?
Mrs. Braden: I have called 15- 20 times to Mr. Gore, State Police twice, and Taylorsville Police. I have contacted Jeff first, when he didn’t respond, I called the police.
Attorney Crawford: If you called the police and Jeff has not been sited….
Mrs. Braden: I called Mr. Gore and he did not do his job. He doesn’t have any records.
Attorney Crawford: when they came out all of those times.
Mrs. Braden: They said he didn’t break the law, the dogs were fighting, Gore said, I’ve never seen anything like this, I’m not getting in there, Jeff was on his way home from out of state. He said he hadn’t broken any laws. So does a law have to be broke or one of my children hurt before something can be done. I thought over the years he (Mr. Klotz) had a legal operation going on over there because Mr. Gore said he did.
Attorney Crawford: did you know there wasn’t a license back then?
Mrs. Braden: no, I talked with Mr. Gore and he said there was and several times he told me this.
Attorney Crawford: it seems you are more upset of what happened in the previously.
Mrs. Braden: no, I’m upset for the safety of my children, when I moved out there, his father was there, he wasn’t, I had a good relationship with my neighbors. It’s the number of dogs, the quantity of dogs, the amount they get out
Attorney Crawford: repeating her, number of dogs, quantity of dogs, the times they get out
Mrs. Braden: and the noise, in a couple of years, when I retire, if I continue to stay there. I can enjoy my property. If I choose to move, my property value will be down, no one will want to move in next door to the barking. Nobody is going to move in next door to 15-30 dogs living next door.
Attorney Dale: the last time you were here you filed a statement...is that on file?
Administrator Sweazy: yes, it is part of the minutes.
(a bunch of talking)
Attorney Crawford: you stated you have video of barking, when was that? Do you have that with you?
Mrs. Braden: yes, I’ll check my phone, if not it is on my home computer. It is included in my statement (Administrator Sweazy handed Mrs. Braden a copy of the statement) she read current dates in January and February of 2019, where dogs were barking and roaming.
Attorney Crawford: did you call the law?
Mrs. Braden: No as I’ve said again..Mr. Gore has not done his job, I contacted him numerous time, he wasn’t keeping records, not doing anything
Attorney Crawford: kind of sounds like Mr. Gore is incompetent.
Mrs. Braden,: yes, and he was working both sides.
Mrs. Braden left the podium
Administrator Sweazy: called Bill Noel
Mr. Noel approached the podium.
Mr. Noel: I’m Bill Noel, I live at 2460 Wilsonville Rd, Fisherville, Ky, I also agree with Rhonda, I moved out here for peace and quite and it isn’t happening...There is constant barking. I personally believe these dogs are a threat to the neighbors here and in the community. About four years ago my son was chased into the house by four dogs. I asked where were they were at, I ran out to see them crossing Rhonda’s yard going to Klotz’s. I called Mr. Gore, he said there was nothing he could do. On this phone (holding up a cell phone) I have twelve times I called Mr. Gore and each time he said there was nothing he could do. He said he talked with the county attorney and nothing was ever done. And we think that was a loosing battle for us. I do have these pictures. This is the night we called Mr. Gore about the fighting going on with the dogs. When my son goes to her house to play with her children, I watch him going to her house and he calls me when he gets in the house. Rhonda calls me when he is coming home.
Mrs. Sweazy: I will need a copy of those.
Mr. Goodlett: when were these taken?
Mr. Noel: they were taken...it’s in Rhonda’s statement, the pictures with the dogs out in the yard are this year.
Mr. Goodlett: (holding up a photo) are these his dogs?
Mr. Noel: they are.
Mr. Goodlett: did you call the dog warden?
Mr. Noel: same story from Mr. Gore. I’ll talk with the county attorney, but he never gets back with you.
Mr. Goodlett: does he come out?
Mr. Noel: I would call and leave a message, most of the time he would show up and other times he never answered.
Mrs. Hoene: (pointing to photo) you live here?
Mr. Noel: I live next to Rhonda, she lives next door to Jeff, she goes out of town camping with her kids and sometimes she asks me to feed her houses. It’s on..the barking, they are a very big nuisance.
Mrs. Sweazy: do you have the date of the photos?
Mr. Noel: that was the last snow that we had. I got it on my phone. I can pull off my phone before I leave.
Mr. Goodlett: those pictures….can you testify those are his dogs running loose?
Mr. Noel, yes I can
after a pause
Attorney Dale to Attorney Crawford, do you have any questions?
Attorney Crawford: yes a couple
Attorney Crawford: It’s my understanding, the dog attack was in 2015-2016, three years ago and ugh..no attack since then.
Mr. Noel: I’m not down there watching them
Attorney Crawford: fair enough..but your not aware of any attacks?
Mr. Noel: I hear them down there all of the time, but I don’t go check them out
Attorney Crawford: this was 2016
Mr. Noel: yes
Attorney Crawford: looking at a photograph, holding one up, this picture of the dogs are in Mr. Klotz’s yard
Mr. Noel: I can show you on my phone a video where they were across my yard, around my house, across my deck, the same time those pictures were taken.
Attorney Crawford: these dogs are actually in his yard?
Mr. Noel: I’m not for-sure, it’s pretty close to Rhonda’s yard, I don’t know where the boundary line is. But they are loose and they are out. They are loose out running around.
Attorney Crawford: Do you have a dog?
Mr. Noel: no, I don’t what does that have to do with this?
Attorney Crawford: I guess you are just an old country boy, I don’t mean to insult you, you have been around dogs, you been around dogs that bark.
Mr. Noel, I’ve been around dogs that bark, but nothing like this!
Attorney Crawford: I guess what I am asking if Mr. Klotz has a kennel, he has five dogs in his back yard which he can have by law. You have to feed the horses and they bark. So it’s not the kennel situation that is causing the problem it’s just the dogs.
Mr. Noel: these dogs
Attorney Crawford: it could be any type of dog?
Yes, if you look at the photos, those dogs are loose.
Attorney Crawford: any photos taken on Mr. Klotz’s property?
Mr. Noel: no
Attorney Crawford: how far do you live away from Mr. Klotz’s property?
Mr. Noel: I’ve never measured but probably 75 yards
Attorney Crawford: so the only time you have a problem is when you go over to Rhonda’s
Mr. Noel: no, when I’m sitting on my deck and they can’t even see me.
Attorney Crawford: you say they are constantly barking?
Mr. Noel: I hear them all of the time (looking at audience)
Mrs. Braden: two across the way, but they aren’t there any more, but 5, 10, 15 dogs barking it’s pretty loud
Attorney Crawford: so I’m asking this gentleman how many hours a day are the dogs barking?
Mr. Noel: I hear them everyday, all the time
Attorney Crawford: goes back to his seat
Mr. Goodlett: are those pictures in his yard?
Mr. Noel: I don’t know where the boundary line is.
Mr. Goodlett: no fence they are just running loose
shows photos, off his phone, to Board at table, Attorney Crawford joins at table to review photos on phone
Mrs. Hoene: across your yard, and behind your house and back to Rhonda’s
Chairman Murphy: if you see these dogs attack what would you do?
Mr. Noel: I’ve contacted Buddy Stump and explained the situation. Mr. Stump advised me of what my rights were.
Attorney Crawford: I noticed in your video that I didn't see any dogs what is that all about?
Mr. Noel: I seen the dogs and I went back in to fix breakfast for me and my son then I saw the tracks. Rhonda has video also, but the dogs weren’t in it. But the video shows the tracts going back to Jeff’s house.
Attorney Crawford: when was the video taken?
Mr. Noel: this year, January
Attorney Crawford: Do you know anything about these dogs?
Mr. Noel: do you mean pit bulls?
Attorney Crawford: American Bully, do you know anything about the breed?
Mr. Noel: I just know what I see in the those pictures, they are big enough to harm you
Attorney Crawford: so you just don’t want to know
Mr. Noel: that’s not what I’m saying
Attorney Crawford: you just don’t want any dogs living next door to you period
Mr. Noel: I’m tired of the nuisance, I’m tired of the threat
Attorney Crawford: which threat?
Mr. Noel: they are a threat to the neighborhood, a threat to the community. If those photographs aren’t enough for you to look at and your children are outside playing would you feel comfortable with them counselor
Attorney Crawford: I don’t know but basically from what I’ve seen with the chain length
Mr. Noel: I’m not talking about chain length.
Attorney Crawford: with all due respect I’m not the witness here
Chairman Murphy hitting the gavel on the table saying get in order!
Attorney Crawford: you say the dogs are vicious but there is never been any law enforcement.
Mr. Noel: again Rhonda and I have both said Mr. Gore did not do his job..he said his hands were tied
Attorney Crawford: state police weren’t doing there job, other law enforcement..not doing there job, they didn’t site him,, as far as that you know if any of those dogs are still on the property from 2016. Those dogs..
Mr. Noel: wither the dogs are there are not.. I just know what we have to live with
Attorney Crawford: I don’t have any further questions for this gentleman.
Administrator Sweazy: next I have Suzanne Becker Nethery
Mrs. Nethery approached the podium
Mrs. Nethery: his property joins my fathers property. It was part of my fathers farm. It was zoned to be residential from agricultural. Looking at Administrator Sweazy, has it been re-zoned Commercial, Administrator Sweazy responded No.
Mrs. Nethery: don’t have hard feelings for anybody, you seem like a nice guy (looking at Mr. Klotz) We zoned it to be residential from agricultural. I am Power of Attorney for Mary Nethery. Our land also lies across the road from the kennel. We do hear the dogs. I’ve been bitten by a dog that I love. The one thing about being dog bite, is they don’t growl when then bite, they just bite. I don’t trust dogs around children. If they do get loose my mom is ninety, she doesn’t move well and I’m fat and don’t move well, and we do worry about what if they would get out. We do hear a lot of barking when we want to go set outside. We do worry about property value if we would want to sell across from a dog kennel. I wouldn’t want to sell across from a dog kennel. I wouldn’t want to build a house and move across from a dog kennel. That is all I have to say. I don’t know anyone here, hope I’m not making any enemies. I love dogs with all my heart, but I also know from experience, you can bend over and it will bite you in the face, that is what my dog did.
Attorney Dale: did you file any reports?
Mrs. Nethery: no, we just hear a lot of barking when we sit outside.
Attorney Dale: any smell or anything?
Mrs. Nethery: now we are a distance away, but if we would sell the property across the road, they could possibly, but I know sound travels down the holler.
Attorney Crawford: Are you aware he has been there ten years?
Mrs. Nethery: No we keep quite, to ourselves. There has been a lot of barking lately, but we didn’t know how many were there and we didn’t know he wanted to rezone to commercial.
Attorney Crawford: so you are in and out a lot, so over the past ten years, until it hit the paper you didn’t have any problems?
Mrs. Nethery: we heard a lot of dog barking
Attorney Crawford: normal barking?
Mrs. Nethery: not like that..dogs barking like a kennel, that’s different than one dog barking here and one answering there, that’s different. I don’t know if you know that!
Attorney Crawford: I don’t have any other questions
Administrator Sweazy: I want to clarify he is not asking for a zoning change, it’s a home occupation, opposed to changing it to commercial. I just want you to know that.
Administrator Sweazy called David Braden.
Mr. Braden approached the podium
Mr. Braden: I am David Chad Braden, I lived at 2732 Dale Lane. I have witnessed this for eight years. I almost lost her to a dog attack years ago. I fear for her and her children. I don’t think he, (Jeff) lets his dogs roam. I think they just get out. The dogs in the house are let out to pee, are not in a fenced area. I’ve called him (Jeff) at least three times to tell him his dogs were out. They are out and they are a threat. I have a seven year old son who when he is there playing with his cousins, has to play inside. I don’t like for him to play outside there because I’m scared one of the dogs will get loose, scale the fence. I think this is a serious problem for my sister, her children and my son. I was there the night the dogs tore each other apart. I am a dog lover. I think this is a ticking time bomb. His dogs have stalked my sister. They have stalked me when they were loose. When I got out of my car I stood my ground. They were out. It is in the best interest of my sister, her children to deny the Conditional Use.
Attorney Crawford: you say you have contacted Mr. Klotz, what is your phone number?
Lots of talking
Mr. Baden: I’ve talked with Klotz three times about the dogs
Attorney Crawford: Mr. Klotz says he has never talked with you by phone. Would you say that would be a lie.
Mr. Baden: yes
Attorney Crawford: stalking what do you mean?
Mr. Baden: I get out of my car. I see two of his dogs on my sisters property line. They approach me, I approached them, I stand my ground, yell go back, go back, I advanced, they went back. If it was small person or a child and they started to run, I know they would have chased them.
Attorney Crawford: but that didn’t happen.
Mr. Braden: It’s only a matter…
Attorney Crawford: did the dogs growl at you?
Mr. Braden: yes they did.
Mr. Crawford: by stalking you, you walked forward.
Mr. Braden: on my sisters property.
Attorney Crawford: how long did the incident last?
Mr. Braden: about a minute
Mr. Crawford: did you call law enforcement?
Mr. Braden: not that time, I think I am the person who called before looking at Rhonda Braden, or was that you?
Mrs. Braden: that was me, you called once before when you were watching my horses, there was a dog fight, this was a separate dog fight, not the one which he took the pictures.
Attorney Crawford: you brought dogs to your sisters house?
Mr. Braden: yes, I lost my dog
Attorney Crawford: to let it run a bit?
Mr. Braden: that’s not true
Attorney Crawford: you live a mile away, do you hear them?
Mr. Braden: no
Attorney Crawford: no more questions
Mr. Braden: one question, looking toward Administrator Sweazy and Mrs. Kehne, how long has the kennel ordinance been in place?
Mrs. Kehne: a kennel license is through the state. The dog warden testified he was unaware that Jeff had ten animals
Mr. Braden: Mr. Gore has been there many, many times and that he has no records of ever being there. Mr. Gore didn’t do his job. Mr. Gore has known for a long time that Jeff has been out of compliance. Mr. Braden left the podium.
Administrator Sweazy: called Angelica Romero
Attorney Dale: we have to finish up with the opposition.
Administrator Sweazy: we have, she is here in support
Ms. Romero approached the podium after being sworn in.
Attorney Crawford: How do you know Mr. Klotz?
Ms. Romero: we room-mate together
Attorney Crawford: you have been together 2-2 ½ years
Ms. Romero: yes
Attorney Crawford: you have children?
Ms. Romero: yes
Attorney Crawford: are all three your children?
Ms. Romero: yes
Attorney Crawford: you comfortable leaving these children around the dogs
Ms. Romero: yes..absolute
Attorney Crawford: how old are the children?
Ms. Romero: year, two and twelve
Attorney Crawford: your one year old is around dogs in the house and in the kennel, the dogs roam freely in the house and kennel
Ms. Romero: we do let them run freely in the house, the dogs walk through, we have never had issue, we do take the baby to the kennel, they get up to the fence and pet them
Attorney Crawford: have you ever seen the dogs get aggressive with anybody?
Ms. Romero: naw
Attorney Crawford: I guess we will have Mr. Klotz talk about the breed it’s self, but bottom line, I guess you live in the home, you feel comfortable with a one year and two year old running around the year.
Ms. Romero: my twelve year old is the one with the dogs, he plays with the dogs
Attorney Klotz: have many other people come around the dogs?
Ms. Romero: we have never had a problem.
Chairman Murphy: can you control the dogs, ones inside and outside, both?
Ms. Romero: yeah
Mrs. Hoene: how many inside?
Ms. Romero: that depends we rotate
Mrs. Hoene: you take some outside and bring some inside
Ms. Romero: yeah
Mrs. Hoene: how many dogs do you have inside?
Probably…..about five at a time? Depends on the situation
Mr. Curtsinger: five-six inside?
Ms. Romero: the difference to what is in the house
Mr. Curtsinger: how many dogs total?
Ms. Romero turning to look at Mr. Klotz, what do we have fourteen total, seventeen
Attorney Crawford: no further questions
Chairman Murphy: any other questions?
Administrator Sweazy: Mr. Klotz
Mr. Klotz at podium
Attorney Crawford: lets start with Rhonda’s brother, who you say has never called you.
Attorney Dale: is he under oath?
Mr. Klotz: yes
Attorney Crawford: you never had a call from him,
Mr. Klotz: I have talked with him in the yard, he comes and helps Rhonda out. I’ve never talked to him on the phone.
Mr. Braden: from the audience, I never called you the night of the dog fight?
Mr. Klotz: he may have called me that night.
Attorney Crawford: you might move this forward
Mr. Klotz: I want to reiterate, those photos taken were on my property. The dogs were on my property. The night of the incident Rhonda called the neighbors. Head lights shinning, people cars all the strangers, I’m on the phone. I talked to him. My mom was there trying to help. They were taking pictures. The dogs are all riled up. Melvin told them they were transgressing and as soon as they left the dogs calmed down. Melvin left. Shinning lights on my dogs. That will cause problems.
Attorney Crawford: that was 2016
Mr. Klotz: that was when I was traveling, I’m home pretty much full time.
Attorney Crawford: have you had any fights since 2016?
Mr. Klotz: no sir
Attorney Crawford: what provisions have you made to make sure these dogs can’t get out to cause problems?
Mr. Klotz: there kennels are bolted down to wood floor. The kennels weigh 300- 400 pounds, welded metal. All the complaints about the dogs being out are when I let the dogs out of the house. Like the picture of the dogs, they are on my property, because you can’t see anyone in the picture doesn’t mean we were not out with them. The dogs are not out more than five to ten minutes.. I’m going to build a fence, I’m going to put up an electric fence so they will be fenced in, but no she doesn’t want me to have dogs. Like the lady just here. I don’t know who she is, I’ve never heard of her, apparently she lives across the road. They had a couple of dogs and they bark too. I hear dogs barking. I step outside They aren’t barking and if I’m sitting in my garage it isn’t insulated and I hear the dogs barking, I step outside, it’s not my dogs. I can hear dogs barking over the hill side, that can’t prove that my dogs are barking. They should have a bunch of proof. All this is they are trying to shut me down.
Attorney Crawford: let me show you these photos
Mr. Klotz: those are the clamps I have to clip the floor to the kennel
Attorney Crawford: your saying that is what makes the kennel secure
Mr. Klotz: that is what secures the kennel to the floor. The metal they can’t chew through
Attorney Crawford: how many kennels do you have?
Mr. Klotz: twelve, because I’ve sold some of my dogs, some are not operations because I’m doing maintenance on them
Attorney Crawford: what is this?
Mr. Klotz: my dog in his kennel, his house and water bowl
Attorney Crawford: what is this?
Mr. Klotz: gate
Attorney Crawford: so it’s inside of another fence, so not only are the dogs inside the kennel, they are inside of another fence additionally
Mr. Klotz: yes
Attorney Crawford: so you are talking about adding an electric fence, and privacy fence so where the kennel can’t be seen
Mr. Klotz: yes
Attorney Crawford: so it will block some of the noise, so you are saying electric fence, privacy fence
Mrs. Hoene: whats the bottom line? You are saying you want to build the fence, reduce your dog to fifteen, you still want to get approval for breeding and you say you get one to fifteen pups, so if you have fifteen…
Mr. Klotz: the law is they are a puppy until a year old. The pups don’t count towards the count of the dogs.
Mrs. Hoene: so you still want a breeding license.
Mr. Klotz: yes I still want to be able to breed my animals. I’ve been doing this for fourteen years. So I've been doing this for a long time, I have a lot of blood sweat and tears in this, when they talk about a blood bath, who do you think has to clean that up? Who has to take care of the dogs?
Chairman Murphy: you’re saying it did happen?
Mr. Klotz: yes it did happen, when I came in here before, I told you it happened. They had pictures, I’ve issues, I’ve learned from those mistakes so they don’t happen again.
Mrs. Hoene: what happened Mr. Klotz: I had a female and a male in a kennel, they were fighting, everyone came over there, got the dogs riled up, Melvin came out there. When they said they called the state police they didn’t come they called Melvin, that’s his job. When Melvin came out there, he observed the situation and he called me and said the other dogs got into it after everyone was there causing a commotion. Everyone is yelling stop and stop..some of the other dogs got into it.. It’s the middle of the night. Nobody needed medical attention, the wounds were superficial. The only thing that was needed is to get them cleaned up. Nobody had to go to the vet and it was over before I got back home.
Attorney Crawford: and it hasn’t happened since then?
Mr. Klotz: it hasn’t happened since then
Attorney Crawford: what have you done to prevent this from happening?
Mr. Klotz: I’ve cut down on the dogs. I’m wanting to move them. I’m bringing more dogs into the house. I’ll keep five dogs outside, because that is the law, let the rest live in my home because that is the law. I’ve got pictures of D’Angelo playing with the dogs. I’ve got a video of my kids playing with the dogs. Being scared of these dogs is in their minds, it’s ridiculous. She was chased years ago. They had pooped in their kennel under the house, I let them out. I’m right there inside the building, the storage building that is connected to the house. She comes out of her house, she is going for her morning run. She doesn’t see my dogs. Really if you don’t see ten dogs, guys.. there were six, those six dogs were using the bathroom on my property. I’m cleaning up it’s early in the morning, no one is out there. I don’t see the threat. I didn’t know she was going for a morning run. It’s 8:00 am.. She goes running down the driveway, the dogs chase her, it’s there natural instinct. They chased her half way down her driveway, she came back up, her husband came out with an umbrella, guys, I’ll tell you if you have looked at those pictures of my dogs, if they would have wanted to attack her, she wouldn’t be standing here today.
Attorney Crawford: did the dogs stay on your property?
Mr. Klotz: no, when I came out of the storage building, when I heard them barking, that is what I do when I hear them bark, I went outside and I see Rhonda and her husband with an umbrella on the sidewalk, yelling Jeff your dogs tried to attack me. She said they chased me down the driveway. I said I’m sorry. There was a cat in the driveway and one of the dogs was still barking at the cat.
Mr. Goodlett: you made a statement that is is there natural instinct. What would have happened if it would have been a ten year old kid?
Mr. Klotz: a culprit, they wouldn’t stop, if anything would have occurred, I would have been right out that door, just like that snapping his finger. I was out there in my underwear. They had pooped. There is acreage all around. This isn’t residential area. There aren’t a bunch of kids running around. She is so concerned about her children getting hurt. There hasn’t been an incident. She lets her children come out and play. They come out all of the time. They have a fenced in back yard with a jungle gym, basketball goal. She has my phone number, all she has to do is call me to make sure there aren’t any dogs out. It’s a communication issue. She stopped communicating with me a couple of year ago. There was an incident. Her and her brother were sitting outside, there dogs were roaming. Let me tell you their dogs roamed too. They roam all of the time. They died by getting hit by car. His dog would be there running up and down the fence line getting my dogs riled up. I didn’t know his dog died last year. She has five cats, running around on her property and my yard. She decided to feed five cats out in her barn. She is a cat lover, a humane society lover, you can’t be mad at me because you have cats running loose. That’s hypocritical that she can do what she wants but don’t let this man do what he wants.
Attorney Crawford: lets move on, the photograph. Do you recognize this photo?
Mr. Klotz: yes, I do this is my property line here. This is my dog kennel here. This is my property line here, her property line there. This is her horse buggy. She has it parked on the property line.
Attorney Crawford; how far are these located from the house?
Mr. Klotz: I had to move them from 88 feet to100 feet away
Mr. Klotz was talking over Attorney Crawford)
Attorney Crawford: so are you ready to immediately to put up a privacy fence?
Mr. Klotz, I was going to put the fence up last summer, then all of this came up, I had spoken with her..
Attorney Crawford: so that is plan “a”
Mr. Klotz: yes sir
Attorney Crawford: she is over one hundred feet away, you are going to put up a privacy fence. You were 88 feet, now one hundred. So if absolute necessary, you are going to do what?
Mr. Klotz: the kennel located closest to her home, I was going to move them down the hill past her.
Attorney Crawford: how far would they be from her then?
Mr. Klotz: a couple hundred feet.
Attorney Crawford: if you absolute have to maintain get the kennel license, what is the furthest you can move the kennel from her property?, I know you don’t want to do that.
Mr. Klotz: I can go further down the hill past the fenced area
Attorney Crawford: what is the furthest you can move the kennel away from her property and still be on your property?
Mr. Klotz: I don’t know probably five-six hundred feet
Attorney Crawford: then you can move the whole operation five to six hundred feet
Mr. Klotz: not the whole thing, not the fenced area, just the kennels themselves.
Attorney Crawford: the kennels themselves then at some time you are putting up a privacy fence across there to keep the cats from disturbing the dogs?
Mr. Klotz: the privacy fence a should help keep from them seeing the cats on her property, but not when they are on my property.
Attorney Crawford: not seeing people
Mr. Klotz: I want to take the privacy fence down to her horse fence. I won’t be able to do it all at once. It will be a little at a time, but when I can afford to do it you guys. I need you to work with me. As I have puppies, I can use the money to better things
Mrs. Hoene: who is behind your property?
Mr. Klotz: Vickie Yates, the Yates Farm
Attorney Crawford: five hundred feet behind your property to the farm, how far is the nearest home from your property?
Mr. Klotz: I don’t know there is open land, a creek, some cows
Attorney Crawford: you could move the kennel back there
Mr. Klotz: move the rock, kennels, it would be a lot of work, if that is what I need to
Attorney Crawford: lets talk about this American Bully breed. You indicated earlier there was some concern over the Pit Bull breed and how the American Bully breed came about
Mr. Klotz: The Pit Bull breed was being banned in certain cities including Taylorsville and we wanted to better the breed and make them not so aggressive.
Mrs. Hoene: you went over this in the first meeting when you were here.
Lots of talking
Mrs. Hoene: we know all about them, you told us all about the terriers
Chairman Murphy: you were to bring us information about your insurance
Mr. Klotz: my homeowners will pay three hundred thousand
Lots of talking
Administrator Sweazy called the group to order
Mr. Klotz: can I answer the question
Chairman Murphy: your information about your insurance
Mr. Klotz: my homeowners insurance will pay three hundred thousand, I can’t get an umbrella policy, will have to get a business plan. With everything going on, I was asking why would I have to get this now? Three Hundred thousand is a lot of money
Attorney Crawford: I don’t want to be out of order, but if a dog gets out the insurance will cover it. They don’t have the right to say insurance stops at the property line.
Lots of talk
Mr. Klotz: I could not get the umbrella policy because I don’t have a commercial business
Mr. Goodlett: I just want to make a statement. You’ve got dogs, I’ve got dogs and cows. My dogs bark, my cows moo the difference is I’ve got one hundred acres and you’ve got two. You are residential. It’s a big difference. With the neighbors you are disturbing with your dogs barking. There property value is going down. I don’t want to but property beside these dogs, old cars and garbage.
Mr. Klotz: I’ve got a neighbor with all of that
Mr. Goodlett: zoning and restrictions are to keep your property value from going down. This is my thoughts on this, the noise, property value going down, too many people complaining. You stated that Mr. gore was your buddy.
Mr. Klotz: let me say it’s nothing personal, we’re not buddies, never not good buddies
Mr. Goodlett: Melvin has been called out there numerous times, complaints, the number of times your dogs have been out, they presented good evidence that was given to me. The foot prints didn’t mean nothing to me, the footprints could have been an opossum or a cat. They all testified under oath. Kids can’t handle dogs like adults can. Kids take off running. And if I lived out there, I would feel the same way they do and over looking the county the way we are suppose to do. You have presented your case well, but my concern is market value, the safety.
Mr. Klotz,: I still allowed five dogs by law, they aren’t going away. I’m still going to have five dogs by law.
Mrs. Hoene: but you aren’t going to have the authority to breed
Mr. Klotz: that is what I’m wanting to do. I’ve invested heavily now, if you shut me down And put me out of business, I’m at a huge loss. If you are worried about her property value, I’m taking a huge loss. If you say I can have five and still have my breeding rights, at worst case scenario after that I can still have five dogs outside, the rest inside. I’ll build a privacy fence, an electric fence. The photos you got are what they testified to are on my property. I keep a couple of dogs in the house, sometimes up to six, if I’m breeding dogs. If they start barking I bring them into the house. The one lady I don’t know what is going on. She hasn’t ever called in. The barking in the past as I told you before, the dog who was causing the problem is, I’ve gotten rid of that dog. They just testified today the barking wasn’t as bad lately.
Attorney Dale: if you have five dogs outside how many will you have inside.
Mr. Klotz: if you approve me foe a kennel fifteen.
Much talking back and forth
Attorney Crawford: picking up paper, is there anything in these papers that they don’t have? (talking to Mr. Klotz)
Mr, Klotz: they don’t have the changes that would show moving the dogs further away from her. I’m willing to do whatever I need to do. Five dogs outside the rest inside. I’ll do everything, you have received complaints on will not continue. A lot of the things she has complained about are things that happened, happened years ago.
Chairman Murphy: I think we have heard enough
Attorney Crawford: I would like to say something briefly, I appreciate you listening to the evidence. There has been no testimony about property value being dropped. I’m a homeowner, but there hasn’t been any testimony about property value being dropped in this situation and additionally I have read the ordinance here it talks about the zoning of residential district and I can only assume that the folks that passed this ordinance or regulation that they took into consideration in here about the puppy being one year of age before it applies to dogs. Mr. Klotz is not asking you to do anything..
Voice from the table: can I ask what you referred too?
Attorney Crawford: Article 5, c the initial letter says he is out of compliance and in Article 5, Section 1c it states that in Article 5, it gives the authority to the homeowner, no offensive odor and that sort of stuff. I think there was consideration given to this use when this ordinance was past previously. That’s all I’ve got to say, I appreciate your time.
Mr. Goodlett: who is on the other side?
Mr. Klotz: Larry and Helen Dietz, they are my friends, they have no problems with my dogs
Attorney Crawford: you can always shut it down.
Mr. Klotz: that’s what I am saying, I’ll make the changes and let’s go from there, if I need to make further change, guys, I’m asking for a chance. The dogs haven’t gotten out.
Attorney Crawford stopped Mr. Klotz and they went to set down.
Talking from the audience..Thank you
Mr. Goodlett: this Conditional Use permit does that have to be reviewed every year?
Mrs. Sweazy: that is how you set it up, is what we do
talking we can do this every six months
Mrs. Hoene: the motion we have to make is going to be tough to say with this motion: that it will not effect the safety and welfare of the community, it will not alter the essential character of the general vicinity, will not cause a hazard or nuisance of the public, will not allow unreasonable circumvention of the requirements of the zoning regulation, so this is going to be tough for anyone to read these off and make a motion
Administrator Sweazy: I’m curious from the top of the paper you read from does that say conditional Use or variance?
Administrator Sweazy: I think we went to the next application and you are reading about a variance, that is different because for a Conditional Use you can put any condition that you want. You can set time frame, location, numbers, you can set any condition that you want any requirements.
Chairman Murphy: do I hear a motion?
Mr. Curtsinger: I make a motion that we deny this application for the Conditional Use permit that it will effect the community, general public safety.
Chairman Murphy: do I hear a second?
Mr. Ethington; second
Chairman Murphy: any discussion?
Mr. Goodlett: a motion was made does that shut down all dogs?
Administrator Sweazy: he can have up to five dogs because county regulations allow five.
Chairman Murphy: we have a motion and a second with this motion do we come back in a year to make sure the procedure has been followed?
Administrator Sweazy: if a motion has been denied then it dies, if you approve with conditions then those conditions will be checked out in a year.
Chairman Murphy: motion has been made, seconded, all in favor, aye, non opposed motion carried.
Next is new Business, I will be leaving and turning this over to Mrs. Kehne.
Larry Lawson, 104 Maple Ave is requesting a variance of six feet on the left side line and back line. He is going to remove two old storage buildings and build a twenty by twenty pole barn.
Motion made by Mr. Goodlett, second Mrs. Hoene, no discussion, all in favor, motion carried with none opposed.
Home-Point Development, LLC
Requesting a variance from a fifty foot building line to thirty feet on Lot 21, of Arbor Green Way in Arbor Green subdivision.
Motion made by Mr. Curtsinger to approve, second Mr. Ethington, all in favor, motion carried with none opposed.
First Choice Homes, LLC.
Requesting a variance from a fifty foot building line to thirty feet on Lots 22 and 23 of Arbor Green
on Arbor Green Way in Arbor Green Subdivision. Motion made by Mr. Goodlett, second by Mr. Curtsinger, all in favor, motion carried, with none opposed.
The Kehne Company Inc.
Requesting a variance from a fifty foot set back to thirty five feet on Lot 6 of River Heights Subdivision on River Park Blvd. Motion made by Mrs. Hoene, second by Mr. Goodlett, all in favor, motion carried, with none opposed.
Mr. Curtsinger made the motion to adjourn, second by Mr. Ethington, all in favor, meeting adjourned