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Approved 6/13/2011 <br />OC Board of Adjustment – 3/14/11 Page 36 of 59 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br /> <br />Michael Harvey: I think you need to direct that to the applicant because right now, what is being shown is 30 runs <br />for 30 dogs and then the comment made by the applicant is there will be felines being boarded as well. I think <br />your question is best directed to them at this stage. <br />Larry Wright: So we’re… <br />Tom Brown: Before we go there, I want Mr. Harvey to make sure that I get the interpretation on the Class II <br />kennel which says animals. It doesn’t say felines or canines. It says animals. <br />Michael Harvey: I will freely admit when I insert canines, that is what I am used to. <br />Tom Brown: My point is that you can’t have 30 dogs and 30 cats, that’s 60 animals. <br />Michael Harvey: If you look at the definition of a Class II kennel as defined within article 22 to the ordinance… I <br />should state, this will be the same definition as contained within the Unified Development Ordinance. “An <br />establishment involving animals of any species, excluding domesticated livestock, engaged in any following: a) <br />owning or keeping for any purpose, 20 or more animals.” Let’s stop there, if Chairman has 21 dogs or 21 cats, he, <br />by default has to get a Class II kennel permit. b) selling and/or training guard dogs or security dogs. I think that is <br />self evident. There is actually no number there. If you are training or selling security dogs, you have to get a <br />Class II kennel permit. c) keeping more than five (5) animals at any given time for the purpose of breeding, <br />boarding, or rehabilitation. If you have more than five animals and you are engaged in breeding, boarding or <br />rehab you have to get a Class II kennel permit. There is actually no cap established by this definition for the <br />number of animals. What the applicant is proposing is to limit it to 30 dogs and there will also be felines boarded <br />at this facility. I think Dr. Wright’s question was what is the cap in terms of amending the site plan. I would dare <br />say that is open to the applicant not the staff to suggest but I am going to recommend a condition be imposed <br />ascribing that the revised site plan establish that limit. <br />Tom Brown: Of cats and dogs or animals? <br />Michael Harvey: Animals. <br />Tom Brown: Total animals. <br />Michael Harvey: Correct. <br />Tom Brown: Is that the kennel where you were going? <br />Nick Herman: I ask a question, so what he proposes is to put a cap on 30 dogs and five (5) cats. I don’t want to <br />get this wrong. 30 dogs and no more than five (5) cats. <br />Michael Harvey: Mr. Chairman, based on what we just heard, if you all find it that you can approve with this <br />application, the site plan needs to be modified to include that information and the SUP needs to be modified to <br />contain that specifically. <br />Tom Brown: 30 dogs. <br />Nick Herman: Maximum 30 dogs and maximum of five (5) cats. <br />Tom Brown: If we get to that point then that will be a condition that we would discuss. <br />Nick Herman: Exactly.