Deuel County board overturns amended permit for Jelen Kennel, orders owner to return

The Deuel County Zoning Board voted unanimously on Feb. 11 to grant an appeal by neighbor Jacob Beutler and overturn an amended building permit for the Jelen Kennel, requiring the kennel owner to return to the Board to explain modifications and demonstrate noise mitigation.

Beutler, who filed the appeal Jan. 16, told the Board that the kennel’s as-built outdoor runs did not match the May 12, 2025 site plan approved by the Board. He said a previously described 9‑foot soundproof wall was never installed and that a December 18, 2025 amended permit recorded 6,960 square feet of outdoor dog run—nearly three times the area reflected in the May 12 plan. Beutler argued those differences increased noise risk to adjacent properties and contended the approved site plan and the Board’s Findings of Fact should be enforceable components of the CUP.

Jodi Theisen, Deuel County zoning officer, told the Board her decision to issue an amended permit reflected a site inspection and revised plans and that the Conditional Use Permit (CUP) contains performance-based conditions. She cited Condition 2 requiring the kennel be constructed “as far north as feasible” and said placement, setbacks, topography and reduced indoor capacity informed the as-built layout. Theisen recommended denying the appeal and said the amended permit was consistent with the CUP’s enforceable requirements.

Board members probed differences among the originally approved plan, the issued permits and the as-built configuration—asking about building dimensions, dog-run locations, the omitted solid wall, and whether fabric fencing would be replaced by solid metal fencing in spring. Members debated whether administrative permit amendments were sufficient when changes affect CUP conditions and whether the Findings of Fact should incorporate detailed, enforceable conditions rather than serving only as a summary of testimony.

After deliberation, Board member Kevin DeBoer moved and Jay Grabow seconded a motion to grant Beutler’s appeal, overturn the amended building permit, and require the applicant to appear before the Board to present the completed work, explain how it complies with CUP conditions, and demonstrate how sound mitigation will be implemented. Chairman Mike Dahl called for a roll call vote; the motion carried 5–0 (DeBoer—aye; Kanengieter—aye; Fieber—aye; Grabow—aye; Dahl—aye).

State’s Attorney Craig Evenson clarified the outcome means the applicant must seek formal Board approval for work completed without explicit Board sign-off; if the Board deems it necessary, the CUP itself may be amended. Board members recommended future CUPs include explicit, enforceable conditions in the Findings of Fact or in an addendum to reduce ambiguity and relieve the zoning officer of sole discretionary decisions on changes that affect neighbors.

The Board then recessed the Planning Commission, reconvened jointly with the Planning Commission for procedural questions, heard limited public comment from Beutler emphasizing clearer verification in Findings of Fact, and adjourned at 8:03 p.m. The applicant has been instructed to return to the Board to request retroactive approval or a CUP amendment; no further action was taken at the Feb. 11 meeting concerning penalties or timelines for compliance.