Pinal County approves special‑use permit for commercial kennel after heated public debate
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Summary
After a lengthy public hearing and comments from dozens of neighbors, the Pinal County Board of Supervisors approved a special‑use permit allowing an existing commercial kennel to continue operating under 12 conditions. Supporters and opponents clashed over 19 years of operations, alleged covenant violations and ongoing civil litigation.
The Pinal County Board of Supervisors voted 3‑2 on May 7 to approve a special‑use permit allowing a commercial kennel to operate at 39440 North Kennedy Drive in the Country Many Farms area of San Tan Valley.
The permit, SUP 016‑24, was granted with 12 conditions requiring the applicant to obtain a commercial kennel license from Pinal County Animal Control, submit a site plan within one year, meet fire, air‑quality, drainage and traffic requirements, maintain lighting zone 1 standards, and prohibit signage among other requirements.
The permit resolves a 19‑year‑old operating situation but does not resolve private litigation. Patrick Z. Roberts, senior planner, presented the item as a request to legalize the existing kennel use under the Suburban Ranch (SR) zoning rules and noted the Plains Zoning Commission recommended approval 7‑3 with 12 stipulations. Roberts said the use "does not present impact to public health, safety, and welfare in this location" and that the SR district allows certain commercial agricultural and animal husbandry uses through a special‑use permit.
John Mott, the applicant, told the board the kennel and related farm activities have operated for nearly two decades and said inspectors from Pinal County animal control and the American Kennel Club had complimented the facilities. "We take great pride in the work they do," Mott said of the dogs his family raises. He said the Mott family would comply with permit conditions and noted the operation is a small part of broader farm activity.
Neighbors opposing the permit described persistent complaints and two active lawsuits against the property. Liz Johnson, who said she lives at 42475 North Jack Rabbit Road, read a summary of code‑violation reports and said the kennel had caused nuisance conditions, adding, "I don't have a dog in this fight, but I do live in a community like that, and I have lived next door to where they have bred dogs. And it is annoying." Other residents submitted letters and testified that dozens of code reports had been filed to the county and that homeowners' covenants and restrictions (CC&Rs) forbid commercial activity.
Supporters argued the operation has been inspected and cared for and that county zoning — not private CC&Rs — determines land‑use approvals. Attorney and resident Mike Henrich told the board, "the CC and R's establish vested rights," arguing private covenants affect property rights; county staff clarified that enforcement of CC&Rs is a civil matter between private parties and not within the board's code‑enforcement jurisdiction.
Supervisors debated enforcement limits and precedent. Several supervisors and staff emphasized the distinction between civil enforcement of CC&Rs, which the county does not undertake, and county code violations that land‑use approvals and animal‑control licensing address. County staff also noted the applicant must secure any required permits and comply with the county building code and drainage manual as conditions of the SUP.
The board recorded the approval as passing by voice vote with three ayes and two nays. The resolution and the 12 stipulations require the applicant to: secure and maintain a Pinal County commercial kennel license; submit a site plan within one year or the SUP becomes void; limit operations to the breeding activities described in the application narrative; meet international fire code, Pinal County air quality and drainage requirements; meet lighting zone 1 standards; prohibit signage; and obtain any required traffic and erosion control approvals prior to site plan approval.
The board and staff noted the SUP does not resolve the private lawsuits pending in court, and the county attorney advised that legal questions tied to civil litigation could require executive‑session discussion to preserve privilege. Several residents said they will continue to pursue civil remedies. The board's action allows the existing kennel to operate lawfully under county land‑use rules so long as the permit conditions are met.
Clarifying details from the hearing: the applicant said approximately 11 dogs are currently maintained on the property (John Mott); the operation has run for about 19 years (Patrick Z. Roberts; applicant); Pinal County Animal Control has not previously issued a commercial kennel license for the property but the applicant said the operation underwent AKC inspections (staff; applicant); the SUP will become null and void if no site plan is submitted within one year (stipulation as read by Patrick Z. Roberts).
