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BZA grants temporary, owner‑specific special use for 12‑dog kennel after neighbor review
Summary
A special‑use permit was approved for James Schmidt to keep up to 12 dogs on an agricultural parcel, with the board clarifying the approval can be limited to the current owner and would require BZA review if the property changes hands.
The Marshall County Board of Zoning Appeals approved a special use June 10 permitting up to 12 dogs at a property owned by James Schmidt after staff and TRC reviewed the circumstances and neighbors weighed in.
Planning staff reported that county photos taken during a property‑division review had identified more than five dogs on the parcel; the applicant subsequently inherited seven additional dogs after the previous owner passed away. Staff recommended approval after finding the property is agricultural in nature and accessory structures are typical for the farm setting.
Neighbors and at least one nearby property owner spoke in favor, reporting no issues with the animals. The board discussed whether the approval could be limited to the present owner; members noted past practice that a kennel approval tied to an owner or operator would require a new BZA review if the property were sold. The applicant also confirmed the dogs would be sterilized as part of ongoing animal‑care plans.
A motion to approve passed with the condition that the kennel be noncommercial and owner‑specific — effectively allowing the existing dogs to remain while preventing an unrestricted commercial kennel on the parcel without future BZA approval. The board recorded its findings of fact under the state statute and noted TRC’s recommendation that approval be contingent on neighbor acceptance.
