Exception approved

The exception allows Alvin Brenneman to operate a “large to medium breed” dog breeding facility/kennel at 5084 W. 400 North, about 3.5 miles east of Pennville. It calls for 94 dogs in a 12,000-square-foot facility.

Brenneman told the board he currently lives in Butler, where he operates a dog breeding facility — Cedar Creek Bulldogs and Supplies — but has been attending church in Jay County for about nine months and decided to move his family to the area. He said his family started breeding a few dogs 12 years ago and that the operation has grown into a full-time business with a full-time former vet tech and five part-time employees on staff.

He noted that his facility is licensed by the United States Department of Agriculture and has an A-plus rating from the Better Business Bureau.

“We have always taken the standpoint that if we can’t do it right, we won’t do it,” he said.

Several others, including his pastor and a customer from Georgia, spoke in support of Brenneman.

While some who spoke against the facility had concerns about its cleanliness and treatment of the animals, the bulk of the objections focused on quality-of-life issues.

Wayne Moore, who owns property on the south side of county road 400 North opposite Brenneman’s land, expressed concern about noise, waste disposal and property value. Others who live within about a mile of the location of the proposed dog breeding facility — including Jesse and Andrea Walter, Scot and Marla Binegar, Diane Simmons and Joni Robbins — echoed those concerns and raised others.

Andrea Walter wondered if the animal waste could cause issues with soil testing required for her to run her in-home daycare. Scot Binegar raised the issue of odor coming from the facility.

Michelle Seibold, a Portland resident, said she was surprised that such a facility would be allowed to be located in an area with so many homes nearby.

“If I lived out there, I know I would sell immediately,” said Seibold, referencing her expectation that property values would drop.

Those speaking against the exception also questioned who would be inspecting the facility, argued that it would attract additional breeding facilities that may not be well-run and questioned the need for such an operation altogether.

“We already have more dogs than we can handle in Jay County,” said Seth Runyon.

After about 45 minutes of public comment, John Hemmelgarn, director of Jay/Portland Building and Planning, told the zoning board that in reviewing the exception request he visited Brenneman’s facility in Butler. He said it was clean and that he found there to be no smell and no noise problem.

He added that he visited the closest neighbor to ask about the facility. The woman, he said, indicated that noise and smell have not been a problem and that the Brenneman family had been the best neighbors she had ever had.

During a discussion that lasted another 50-plus minutes with more public question and comment, the board focused on noise and waste disposal as its largest areas of concern.

Rodgers questioned Brenneman about what he could do to help ensure that noise would not be a problem. Brenneman responded that he can’t guarantee that neighbors won’t hear dogs barking, but that he would take steps — he mentioned keeping dogs inside at night — to keep noise to a minimum.

“I’m not here to say there’s never any barking, because all dogs will bark,” he said. “But there’s not a continuous obnoxious noise of barking.”

The board addressed the waste disposal (and smell) issue by adding the stipulation that all waste be hauled off site instead of some being spread on the property.

Board members went one-by-one through the performance standards — fire protection, electrical disturbance, noise, vibration, odor, air pollution, heat and glare, water pollution, waste matter, surface water runoff and loose material — and agreed that the facility would not be in violation.