PULSE-JOURNAL (Liberty Township, Ohio) 11 November 04 Reptile rescue not permitted in subdivision (Benjamin Poston)
Upholding a Sept. 9 zoning citation, West Chester Twp. Board of Zoning Appeals voted Wednesday against an appeal from the director of a reptile rescue organization to operate out of his Hamilton-Mason Road home.
But that won’t stop Damien Oxier, an Ohio Department of Natural Resources wildlife rehabilitator, from fighting to keep his Arrowhead Reptile Rescue alive in the area.
Following a three-hour hearing before a crowded township hall, Oxier said he will consult pro bono attorney William Van Herp of Villa Hills, Ky., to find out if he can apply for a conditional use as a non-profit organization.
“It’s a little hurtful that you put 10 years of your life into helping animals and this is what you get,” said Oxier, a veterinarian technician who coordinates Arrowhead, a network of reptile rehabilitators and foster homes. “This will not stop us from helping animals and I’m not going to give up my own exotic pets.”
BZA member David Lindenschmidt said he agreed with the violation as written, but said it could be considered a conditional use.
“It’s not a permitted use because of the size and intensity of the operation and the activity that goes on there day-to-day,” Lindenschmidt said.
The hearing for appeal came after Knottingwood Estate residents who border Oxier’s property filed complaints in September with the township zoning department, which cited Oxier for operating a reptile rescue and rehabilitation facility in a suburban residential district.
The zoning violation asked that Arrowhead cease and desist all rescue and rehab of animals on the property effective Sept. 15. Oxier later filed an appeal to the violation.
Some Knottingwood homeowners said they expressed concern to Oxier that animals such as turtles, snakes and iguanas had escaped from his property in their neighborhood. Oxier maintains he has never lost or misplaced a rescued animal.
Reggie Spiller of Bannerwood Drive said he would put his home up for sale if Arrowhead was allowed to stay.
“We moved to West Chester for a certain quality of life and this jeopardizes the safety of our neighborhood and diminishes property values,” Spiller said.
Terry Lafrankie of Bannerwood Drive said for 14 years living in the subdivision he had never seen an iguana or lizard before this summer.
“In the past three months I’ve seen four lizards,” Lafrankie said. “I would say for the protection of neighborhood children (Oxier) remove all the animals from his property.”
Gary Powell, township zoning counsel, told the board the real issue is whether the reptile rescue is considered appropriate in a residentially-zoned district.
“Zoning deals with the separation of incompatible uses,” Powell said. “Despite the emotions here tonight, it comes down to whether this is an appropriate and permitted use.”
Van Herp said that Arrowhead in no way poses any threat for neighbors, but rather residents were reacting out of fear.
“This guy runs a secure, respected facility,” Van Herp said. “What we are seeing here is a not-in-my-backyard mentality. We all want to save animals but it’s inconvenient to have the rescue down your street.”
Reptile rescue not permitted in subdivision

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