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March 2010

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Planning commission endorses dog breeders' expansion

By JoAn Bjarko
North Forty News

A dog-breeding facility north of Wellington won the Larimer County Planning Commission's unanimous recommendation of approval at a Feb. 17 special review hearing, and also gained support to compromise on road standards for rural businesses.

Gary and Wendi Elliott, who own 40 acres on North County Road 7, propose to increase the number of puppy litters born annually at their property from two to five. An average litter has eight puppies.

The Elliotts already own 10 dogs, which are used for breeding and live outdoors. Two additional dogs are indoor pets. The Elliotts' request for five litters will be more restrictive than the state kennel license for a small-scale breeding facility, which would allow up to 99 puppies a year.

About 100 people turned out for the hearing, but most of them did not comment because commission chair Nancy Wallace cut off any discussion of concerns about puppy mills.

"We're talking about land-use issues tonight, not about adoption or puppy mills," Wallace said.

The crowd followed the admonition; however, Fort Collins resident Mary Roberts chided the planning commission over a policy that "effectively muzzled" the opposition.

"I disagree that this is just a land-use issue," she said. "This is a community issue."

Several friends and neighbors of the Elliotts spoke with praise of how they care for their dogs and found homes for the puppies born in past years.

"They are hard-working, honest people," said neighbor Scott Koskie.

Adjacent property owners Michael and Dianne Holland opposed the expansion of the dog-breeding facility, saying it is not compatible with the neighborhood. Dianne Holland said the current dirt road to the Elliotts' house is inadequate for the number of people who will visit before choosing a puppy.

Michael Holland objected to the use of heat lamps to warm the puppy nursery because heat lamps have caused many rural fires. Lamps "are a fire hazard to them and their neighbors," he said.

The Elliotts are in the process of finishing a new outbuilding for use as a birthing barn. Otherwise, there will be few changes at the site. They have been operating as canine hobby breeders, which the county does not regulate.

With their wish to expand the business, they became the first family in Larimer County to apply for special review under revised regulations for pet animal facilities. Any pet animal outdoor area used as a business, in this case producing more than two litters, requires special review.

"We chose to come forward and be legal," Wendi Elliott told the planning commissioners.

The county's development services team supported the Elliotts' expansion plan, but also said they needed to bring their dirt driveway up to minimum standards for a business. The regulation calls for a 12-foot wide road with an all-weather surface. Jim Elliott, Gary's father, said it would cost more than $20,000 to make those improvements to the one-half-mile dirt road.

Planning commissioners spent more time discussing the road standard than the breeding facility. In the end, they voted unanimously to recommend that the county engineers craft a compromise plan. Commissioner Roger Morgan suggested a starting point of a 10-foot-wide road with 2 inches of gravel instead of the required 4 inches.

The Larimer County Commissioners, who make the final decision, have set their public hearing for April 12, 6:30 p.m., in the courthouse offices building in Fort Collins. Commissioners consider the number of animals in a pet animal facility application on a case-by-case basis. They will also make the final decision on whether to waive the road standard.


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