Howell zoners consider variance request from dog breeder

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HOWELL – Members of the public who want to speak about a location in Howell where Australian Labradoodles are bred will have to wait until April 23 to put their comments on the record.

Cream Puff Farms, LLC, is seeking a use variance and site plan approval from the Howell Zoning Board of Adjustment in order to use a home at 31 Rappleyea Road as a residence for its employees in connection with the breeding and weaning of Australian Labradoodles.

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Cream Puff Farms has been operating at the address and its owner was recently instructed to seek the use variance and site plan approval. The application came before the zoning board on Jan. 22.

Cream Puff Farms was represented by attorney Jason Rittie, engineer Michael Geller and owner Donald Hollingsworth.

Rittie said a use variance is required because the business is not permitted in the Agricultural Rural Estate (ARE-3) zone.

Geller described the planned use of the three-bedroom dwelling. He said the home would be for the resident caretakers. One bedroom has been converted to an office, leaving two bedrooms.

Geller said the owners of the breeding operation, who do not live on Rappleya Road, plan to move to the property in two years. At that point, he said, the owners plan to be retired and there will be no need for employees to live in the home. At present, two caretakers/employees live at the home.

During testimony before the board, Hollingsworth said he initially bred Labrador retrievers. He said that following the terrorist attacks of Sept. 11, 2001, at which time he was living in New York City, he developed chronic obstructive pulmonary disease and became allergic to the breed and could no longer breed them.

In 2009, following the deaths of his pet dogs, Hollingsworth wanted to find a breed that was hypoallergenic and his search led him to the mixed breed Australian Labradoodle. He said that in addition to becoming a family pet, a labradoodle may be trained to be a service dog, a therapy dog or an animal support dog.

Hollingsworth said he bought the Rappleyea Road property in late 2014. He said it has been used for his business since early 2015.

The board’s chairman, Wendell Nanson, said even though Hollingsworth considers himself to be a breeder, by definition he is operating a kennel and must adhere to regulations regarding kennels.

In Howell, the definition of a kennel is any establishment in the business of boarding, selling or breeding dogs, with the exception of a pet shop.

Nanson told Hollingsworth that regardless of what he calls himself, if the use variance was granted and if he ever decided to sell the property, the business could be turned into a boarding kennel.

Geller said the applicant is prepared to address the application as a commercial breeder, not necessarily a kennel.

Sean Hollingsworth, Donald’s spouse and the co-owner/co-applicant, said they will comply with any direction the township provides.

Nanson said the way Howell’s ordinance is written, kennels are not differentiated from breeders.

“We issue a variance for the breeding operation, it cannot be restricted to where it is strictly a breeding operation, because that is not how the ordinance is read or written,” he said.

“We will work at it and re-approach it,” Hollingsworth said.

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