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Planning commission grants conditional permit allowing 10 fowl, orders geese removed in Grantsville appeal
Summary
After an appeal of a zoning administrator denial, the Grantsville Planning Commission granted a conditional permit allowing a resident limited birds and confirmed household pet allowances for dogs while ordering geese removed and animal enclosures relocated to a designated area.
The Grantsville Planning Commission on May 5 granted a conditional use permit relating to animals at a residence on East Elizabeth Cove after hearing an appeal from resident Teresa Oates.
The commission was asked to overturn a zoning administrator decision that had denied a kennel permit for six dogs and a conditional use permit for 12 chickens at 176 E. Elizabeth Cove on the basis that the property did not meet the ordinance's open‑space requirements. Staff explained the municipal standards cited in the denial: an applicant seeking a kennel for six dogs would require roughly 9,000 square feet, poultry required about 1,400 square feet, plus per‑animal increments; service animals are exempt from the count used in the calculation.
Teresa Oates told the commission she keeps the animals as household pets and is not operating a commercial kennel. "We're not looking to build a kennel out there," she said, and described steps she plans to take to reduce numbers and relocate structures to increase usable open space. Neighbor Jenna Silva spoke in Oates' favor, saying the rural character of the neighborhood supports modest leniency and that Oates "loves our animals" and cares for them well.
Commissioners pressed staff and the applicant on square‑foot calculations and precedent. The commission clarified that certified service animals do not count toward the animal limit but that three household pets plus exempt service animals would reduce the amount of open space available for counting toward birds. Staff reported about 1,071 square feet of open space remained within the green area once required buffers were accounted for.
After debate, the commission voted to allow a conditional permit with specific conditions: a maximum of 10 fowl total (chickens and ducks combined), the bird enclosures must be moved into the green area outlined in the staff materials, the applicant must remove geese by June 1, and staff will inspect the site and may bring the permit back for review if complaints are received. The motion passed unanimously.
The commission emphasized the conditional nature of the permit: the variance/permit runs with the land but may be revoked if nuisance complaints and code violations persist. Staff noted the commission also has authority to issue a temporary conditional use permit and to revisit the permit if problems continue.
What happens next: the applicant must move pens into the designated green area and remove the geese by the required date; staff will inspect and enforce compliance. If complaints continue, the commission can reconsider the permit at a future meeting.
