Conversation covers land use issues, animal welfare
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Steve Warner of the Elkhart County Plan Commission asks questions to Devon Troyer about dog breeding facilities in the county. The commission heard public comments Thursday, March 8, 2012 as they considered adding new definitions for animal breeders and kennels to the county code. (Truth Photo By Jennifer Shephard)

Elkhart County Plan Commissioner Roger Miller listens to public comments about dog breeding facilities in the county. The commission heard public comments Thursday, March 8, 2012 as they considered adding new definitions for animal breeders and kennels to the county code. (Truth Photo By Jennifer Shephard)



$PHOTOCREDIT_ON$Elkhart County Plan Commissioners Steve Warner (left) and Roger Miller (right) listen to Devon Troyer speak about his dog breeding facility in Middlebury. The commission heard public comments Thursday as they considered adding new definitions for animal breeders and kennels to the county code.$PHOTOCREDIT_OFF$
Truth Photo By Jennifer Shephard



Lonnie Burkholder speaks before the Elkhart County



Devon Troyer speaks before the Elkhart County Plan Commission about his dog breeding facility in Middlebury. The commission heard public comments Thursday, March 8, 2012 as they considered adding new definitions for animal breeders and kennels to the county code.
(Truth Photo By Jennifer Shephard)



Gina Oliver speaks to the Elkhart County Plan Commission about dog breeding facilities in the county. The commission heard public comments Thursday, March 8, 2012 as they considered adding new definitions for animal breeders and kennels to the county code. (Truth Photo By Jennifer Shephard)



Elkhart County Plan Commissioner Mike Yoder, right, asks questions to Devon Troyer about dog breeding facilities in the county. The commission heard public comments Thursday, March 8, 2012 as they considered adding new definitions for animal breeders and kennels to the county code. (Truth Photo By Jennifer Shephard)


The Elkhart County Plan Commission wants to add minimum acreage requirements for kennels and setbacks from property lines, a topic the zoning code does not adequately address, according to county plan Director Chris Godlewski. Animal welfare advocates who attended Wednesday’s meeting suggested that the well-being of furry friends should be part of that conversation.
“I know that you keep indicating that your position is about land usage,” Humane Society of Elkhart County Executive Director Anne Reel told the commissioners. “But you can’t separate land usage totally from the welfare and well-being of animals that are being bred and sold, especially as we looked at a considerable amount of situations where there is no oversight other than a federal or state agency that doesn’t have the ability to keep tabs on all of these specific groups, so we need to somehow make this compatible with what we want to see in terms of animal welfare in our area.”
Mike Yoder, who sits on the plan commission and the Elkhart County Commissioners, said he has been in contact with animal care activists who are concerned about the frequency of inspections from the U.S. Department of Agriculture and other regulatory groups. But, he said, animal welfare and zoning issues don’t go hand in hand.
“I would like to know about how Indiana Board of Animal Health regulations, how USDA regulations and our local ordinance mesh together and what we can do to satisfy their concerns as well as working with the local volunteer organizations,” he said. “It really gets messy in my mind when we try to mix those issues with this land use issue.”
The plan commission is considering adding a 50-foot minimum setback for kennels from agricultural zoned land and a 200-foot minimum distance from residential properties. Commissioner Steve Warner noted that adding setback requirements would help reduce concerns about noise coming from kennels. Minimum setbacks in neighboring counties range from 50 to 750 feet, according to board attorney Jim Kolbus.
The commission will hash out minimum acreage at its next meeting, possibly setting it as low as 5 acres.
Gina Oliver, of Bristol, said she wants the commissioners to make sure that all kennels appear before the board for permit approval regardless of the property’s size. She said the number of dog breeding kennels in the area has tarnished the county’s reputation.
“It’s commonly been known as Elkhart’s dirty little secret that we have puppy mills,” she said. “Somebody commented that we used to be the RV capital of the world, and now we’re known for puppy mills.”
Devon Troyer, who spoke to the commissioners Wednesday morning, owns a kennel in Middlebury where he breeds about 90 small dogs. He defended his operation, adding that his kennel is inspected by several groups including the USDA, the Northern Indiana Pet Breeders Association and the Indiana Council for Animal Welfare. Troyer’s business is one of nine kennels in Elkhart County that is registered with the Indiana Board of Animal Health. He said a veterinarian visits the kennel at least once a month, and he brings dogs into a vet clinic several times a week. In the past two years, he said he has spent more than $20,000 for vet care.
“This is part of our livelihood,” Troyer said.
Inspections are often unannounced, Indiana Council for Animal Welfare President Lonnie Burkholder told the commissioners.
“There is nobody more against substandard kennels than I am, myself,” he said. “That is wrong. I do not support it, but I do support this group of people that are trying to do the right thing, that are getting in there and really enjoy what they’re doing.”
Like several other breeders who spoke at the meeting, Troyer added that he would like to see acreage requirements fall between 5 and 10 acres and setbacks between 25 and 50 feet.
Along with new acreage and distance standards, the commission wants to revise its definition of a kennel. The county ordinance defines kennels as properties with more than four dogs, cats or other household domestic animals older than 4 months. Also under that description are properties with more than two animals that are offered for sale or kept for breeding, boarding or training for compensation. Kennels are allowed in some districts, including agricultural zones, with a special use permit.
Under a proposed definition, kennels would include properties with five or more dogs, cats or other domestic animals over the age of 6 months. Kolbus explained that 6 months is the minimum breeding age for dogs according to industry standards. The commissioners are also considering separating breeders into two categories, commercial and hobby breeders.
County planning staff will present new recommendations to the commission at its next meeting at 9 a.m. on April 12.











