To the editor,

Fact: Since 1994, by their own admission, the Abbott commercial dog breeding business has been running on Val Vista Road. Their first kennel permit was issued in 2016 per the files supplied by Pinal County Animal Control. It was a non-commercial kennel permit [1].

Although their commercial dog breeding business has been operating since 1994, they weren’t commercially permitted by Animal Control until 2017. Animal Control should have never issued a permit, in good measure, because of their zoning [2]. 

This location was authorized as a commercial kennel by the Pinal County Board of Supervisors’ approval of their Special Use Permit (SUP) at our July meeting. The Jean Drive location was denied an SUP at the same hearing. 

Fact: The Byers family acquired their 3.3-acre Jean Drive property in 2016. The kennel building permit submitted to the county by Russell Byers, Shell Abbott’s husband, in 2018, was for non-commercial use. But Mr. Byers, presumably knowing the use was for a commercial dog breeding business, took advantage of a system of trust. Had he specified commercial use on the application, it would have triggered a different response from the county, possibly denying the construction of that kennel based on existing zoning law. But the county trusted him to tell the truth on his building permit application in saying the kennels were for family pets.

These dogs aren’t pets. Pets are for non-commercial purposes. These are stud animals used to bring income for a commercial business.

Fact: Ignorance of the law is not an excuse. These folks testified before the Board that they had not read the applicable county codes [3]. When an applicant or their professional consultant doesn’t know the laws, it isn’t up to the county Board of Supervisors to educate, inform or coddle them.  

Fact: It was a lie to claim the dogs “never” got loose, and wear bark collars. Evidence presented from my personal observations, texts sent to their neighbors and photos at Board and Planning & Zoning meetings disproved these claims.

Fact: The applicant did not supply all necessary documents to support their SUP at the time of filing. The application for an SUP must be complete at the time of submission. That includes giving adequate notice and having the written consent of three-quarters of the surrounding neighbors. The applicant failed to do that [4].

Fact: My decisions are driven by information, including reviewing applicable laws, often combined with interviewing the applicant or representative. I wasn’t elected to be an absentee County Supervisor. I have a responsibility to conduct due diligence before casting my vote about an SUP or other issue. A special use permit is granted at the discretion of the supervisors. I initially trust an applicant has done the right things in applying for their SUP, not trying to pull the wool over the county’s collective eyes. 

Unfortunately, from the inconsistent answers and conflicting facts found, that trust was broken.

Rich Vitiello, Pinal County Supervisor for Maricopa

[1] Pinal County Animal Control Code, Sec. 4-9(a): (1) Commercial kennel means any kennel maintained for the purpose of keeping, boarding, breeding, raising or training dogs for a donation, for a fee or for sale. The term “commercial kennel” also includes an owner with 13 dogs or more. (2) Noncommercial kennel means any property where five to 12 dogs are raised, kept or maintained solely for the use and enjoyment of the owner or occupant for personal, non-monetary and noncommercial purposes.

[2] Pinal County Animal Code, Sec. 4-9(g) A person operating a kennel shall obtain a permit issued by animal care and control under one of the following classifications:(4)Class IV commercial: Keeping, boarding or maintaining dogs in commercial kennels, dog boarding facilities or dog breeding facilities operating in areas zoned and approved for commercial activity is permitted, after issuance of any commercial license, permit or approval by state law, regulation, and applicable municipal code or ordinance and county zoning ordinance.

[3] To operate a commercial kennel to breed dogs, you must have five acres, no building structure within 100 feet of an abutting property, and written consent from at least 75% of neighbors within 300 feet of the property. [Pinal County Development Services Code Sec. 2.20.010(P)]

[4] Pinal County Development Services Code Sec. 2.20.010(P). – Uses permitted — Veterinary hospital or kennels, provided the site is not less than five acres in area, that no building or structure be within 100 feet of any boundary of the site abutting property in a rural or residential zone; and provided further, that the applicant for the permit shall provide the zoning inspector with the written consent of at least 75 percent of the owners, by number and area, of property within 300 feet of the building site for which the permit is sought.