Reptile & Amphibian Forums

DAILY HERALD (Provo, Utah) 15 July 07 Mapleton to hear snake farm appeal (Jeremy Duda)
Dan Sutherland is still hoping to find a new home for the exotic snakes he sells, and the Mapleton City Council will decide whether that wish comes true.
The council on Tuesday will hear an appeal from Sutherland, who was denied a conditional use permit by the city's Planning Commission to move his snake farm from Spanish Fork to Mapleton. The commission voted 4-3 in May to deny the permit based on the business' potential impact on nearby land values.
Sutherland, who could not be reached for comment, has said he spent about $650,000 on land and the construction of two barns for the business at 525 S. Main St. in Mapleton. His snake farm has been operating in Spanish Fork since November, housing about 1,500 ball pythons and boa constrictors, along with the baby mice and rats the snakes eat.
David Nemelka, a neighbor of Sutherland's Mapleton property who is spearheading the opposition to the snake farm, said the two sides have worked out compromises on a number of points of contention, including security, odor issues and the number of snakes that would be allowed. But the one issue that remains, that of land values, is a sticking point that the opposition can't get past.
"It came down to one major issue: Who's going to be the harmed party?" Nemelka said. "The land values would have been negatively impacted."
Nemelka said studies show that 36 percent of adults have an inherent fear of snakes. That fear, he said, would dictate property values and neighbors' ability to sell their homes, as well some current residents' desire to continue living in the area.
"How do you mitigate that? We're talking millions and millions and millions of dollars worth of value," he said.
City administrator Bob Bradshaw said the City Council could overrule the Planning Commission's decision if it felt that the potential nuisance to adjoining properties could be mitigated sufficiently.
According to Sutherland, an independent auditor's report to the city showed that homes near the proposed snake farm would still sell for full value, though they might spend longer on the market than they otherwise would have. Bradshaw said the appraiser told the city that there could be a negative impact on land values that could not be quantified. For example, a resident who wanted to sell his home more quickly might lower the asking price.
Sutherland's land in Mapleton is zoned for agricultural use, and Bradshaw said Sutherland was led to believe by Matthew Evans, the city's former planning and zoning director, that the snake farm would be permitted. But no permit was approved, and neighbors rallied to prevent the exotic animals business from opening when they learned of Sutherland's intentions.
"Mr. Evans had encouraged Mr. Sutherland to believe he could establish the business in the residential area," Bradshaw said.
The City Council may not be the final arbiter of the dispute. Bradshaw said either party could go to court if they disagree with Tuesday's decision.
Nemelka said he and his neighbors plan to do exactly that if the council overturns the Planning Commission's decision.
Mapleton to hear snake farm appeal

All other possible objections aside (and I have plenty about this "snake farm" -at least as described here), the claim that captive snakes could decrease the value of surrounding property could REALLY harm our hobby. If this claim stands, some municipalities could use it as basis for anti-keeper regulations. I may not shed tears for this guy, but who is next?

Anyone having well founded counter arguements to this claim should contact this paper, snake keeper, city council, and appraiser.

Surely there are some examples out there of herp related business boosting property values.

The article states that the land is zoned for agriculture (Farm?) and then calls it a "residential area"? I wonder which term is more accurate? Small Farm "should" be the ideal location for such a business.

>>David Nemelka, a neighbor of Sutherland's Mapleton property who is spearheading the opposition to the snake farm, said the two sides have worked out compromises on a number of points of contention, including security, odor issues and the number of snakes that would be allowed. But the one issue that remains, that of land values, is a sticking point that the opposition can't get past.
>>"It came down to one major issue: Who's going to be the harmed party?" Nemelka said. "The land values would have been negatively impacted."
>>Nemelka said studies show that 36 percent of adults have an inherent fear of snakes. That fear, he said, would dictate property values and neighbors' ability to sell their homes, as well some current residents' desire to continue living in the area.
>>"How do you mitigate that? We're talking millions and millions and millions of dollars worth of value," he said.
>> City administrator Bob Bradshaw said the City Council could overrule the Planning Commission's decision if it felt that the potential nuisance to adjoining properties could be mitigated sufficiently.
>>According to Sutherland, an independent auditor's report to the city showed that homes near the proposed snake farm would still sell for full value, though they might spend longer on the market than they otherwise would have. Bradshaw said the appraiser told the city that there could be a negative impact on land values that could not be quantified. For example, a resident who wanted to sell his home more quickly might lower the asking price.
>> Sutherland's land in Mapleton is zoned for agricultural use, and Bradshaw said Sutherland was led to believe by Matthew Evans, the city's former planning and zoning director, that the snake farm would be permitted. But no permit was approved, and neighbors rallied to prevent the exotic animals business from opening when they learned of Sutherland's intentions.
>>"Mr. Evans had encouraged Mr. Sutherland to believe he could establish the business in the residential area," Bradshaw said.
>>The City Council may not be the final arbiter of the dispute. Bradshaw said either party could go to court if they disagree with Tuesday's decision.
>> Nemelka said he and his neighbors plan to do exactly that if the council overturns the Planning Commission's decision.
>>Mapleton to hear snake farm appeal

Puppy mills come to mind, & I'm sure lots of others.
I think Mark Bell's place in FL has increased in value dramatically, but I wouldn't swear to that
Part of this guy's problem was being honest & letting people know what he was doing before he did it. Sad commentary, but , unfortunately, true.
One of the best responses to a city council & irate neighbors that I ever saw was when the owner of a country western bar changed it to a topless club - The locals went nuts & made his life miserable... He turned it into a Gay Bar

-----
"How the hell do you find a Heloderma in a snowstorm?"

DAILY HERALD (Provo, Utah) 18 July 07 Mapleton rebuffs snake farm (Jeremy Duda)
Dan Sutherland's snake farm won't be opening its doors in Mapleton -- at least if the city's final word on the issue stands.
At an appeal hearing on Tuesday, the City Council voted unanimously to uphold the decision of the city's Planning Commission, which denied Sutherland a conditional-use permit he needed to open a business that would sell ball pythons and boa constrictors. Sutherland has been operating his snake farm in Spanish Fork since November, but wants to move it to land he bought at 525 S. Main St. in Mapleton.
The crux of the issue was whether the snake farm would have a negative impact on neighboring property values. A report by an appraiser stated that the properties would not sell for less because of the snake farm, but would likely stay on the market for longer. The Planning Commission felt that was sufficient to deny the permit, voting 4-3 in May against the snake farm.
Sutherland appealed the decision, arguing that the negative impact on neighboring properties could be mitigated. The City Council disagreed.
"If I have a job transfer and move to California and my house is vacant for three months or it's vacant at 12 months, even at the same price I've had a substantial loss," said Councilwoman Ann Tolley, who made the motion to uphold the Planning Commission's decision.
Randy Spencer, Sutherland's attorney, said they plan to appeal the decision to the 4th District Court. They have 30 days to file an appeal.
"Clearly this is an issue that could be substantially mitigated, and they chose to ignore it," he said after the hearing.
Danny Raymer, a neighbor of Sutherland's property in Mapleton, said he was glad the council looked at the issue of marketability, not just property value. The snake farm would house about 1,500 snakes, along with the mice and rats they eat. Neighbors had argued that many people's inherent fear of snakes would make them less likely to buy homes near Sutherland's business.
Spencer said the farm would not hurt property values, and said neighbors would never actually have to see the farm's scaly wares.
"This is completely a self-contained operation with no view to the public which would be detrimental to the property," he said. "People wouldn't even know that the snakes were there."
Because Tuesday's hearing was an appeal, under state law council members were not permitted to look at new evidence or ask questions of the snake farm's proponents or opponents. They could only discuss the issue among themselves and rule on whether the Planning Commission erred. Legal council informed the council members that they could only overrule the Planning Commission if its previous decision was arbitrary, illegal or capricious.
No one on the council felt the Planning Commission made a mistake when it ruled that property value impacts -- the lone unresolved issue between Sutherland and his would-be neighbors -- could not be properly mitigated.
"I think they followed the law appropriately," said Councilman Mike Cobia. "I can't do anything but support their decision."
Spencer said he submitted seven or eight letters to the Planning Commission while it was reviewing the permit request that the City Council could have taken into consideration. In the letters, some of Sutherland's former neighbors in California, where he operated a snake farm, and neighbors of his current snake farm in Spanish Fork testify that they suffered no nuisances or negative effects on property values because of the exotic animal business.
"That was all part of the record that they had to review tonight," Spencer said.
Sutherland and Spencer were displeased with the council's decision, but many of Sutherland's neighbors walked out of City Hall happy. About 25 people attended the meeting for the snake farm issue, filing out after the council voted down the appeal.
"I feel the decision was right," said Richard Howell, who lives next door to Sutherland's property in Mapleton.
"I thought it was a proper decision," said Tom James Sr., another neighbor.
http://www.heraldextra.com/content/view/229046/

DESERET MORNING NEWS (Salt Lake City, Utah) 18 July 07 City tells snake farm to slither away - Mapleton's decision follows months of outcry by public (Elizabeth Stuart)
Mapleton: after a year of venomous debate over a proposed snake farm, 15 minutes and five votes were all it took to bar 1,500 ball pythons from slithering into a Mapleton neighborhood.
Mapleton City Council voted unanimously Tuesday to support a Planning Commission decision to deny Dan Sutherland a conditional-use permit to move his ball python breeding business to Mapleton from Spanish Fork.
Although public opposition to the farm has been loud and clear, the council ruled the commission did not "bend in response to public clamor" by denying the permit.
When 1,500 writhing snakes move into a residential area, they ruled, there is no way to mitigate the fear-driven damage to neighbors' property values.
"I believe Mr. Sutherland can mitigate every problem brought forth by the Planning Commission, but the one breaker seems to be property value," said council member Brian Wall.
Sutherland and his snakes have spent the past several months in Spanish Fork because initial efforts to set up camp in Mapleton a year ago were met with strident opposition. Sutherland said he invested more than $650,000 to develop the farm's proposed site in Mapleton, though, and he was not about to watch it wriggle away.
Sutherland argued in the Planning Commission hearing that homes near the proposed snake farm, located at 525 S. Main Street, would still sell for full-market value. According to an independent audit report, the houses would just stay on the market longer, he said.
"I don't think we can separate the mental perception or fear of snakes from property value," council member Ann Tolley said. "Why someone wants to live in a particular home has a lot to do with their perception about the area."
The council did not take public comments on the matter. Instead, they made their decision based on 220 pages of transcripts from previous public meetings.
"Our task here, in my view, is to analyze whether the planning commission followed proper procedure," said council member Mike Cobia. "While I may not come to the same conclusion, I think they followed the right procedure."
In August of 2006 the Sutherlands moved their ball python breeding business to the city from California.
The city originally granted the Sutherlands a permit to build two barns, one to house the snakes and one to house the rodents they eat for dinner. But when residents got riled up about the reptiles moving in next door, city officials claimed they were under the impression the Sutherland's snake breeding activity was only a hobby and not a full-scale Internet business.
After nearly three months of hot-tempered public meetings about the issue, Sutherland withdrew his application and made arrangements to take his snakes to Spanish Fork until the issues were resolved.
http://deseretnews.com/dn/view/0,1249,695192945,00.html

I don't like dogs. Can I make it illegal for my neighbors to have dogs?

Patrick

DAILY HERALD (Provo, Utah) 27 July 07 Poll: Should snake farm be approved?
Dan Sutherland, the snake farm owner who's been trying to move his business to Mapleton, has been mistreated by officials and residents of that city and deserves an apology -- as well as the permit he needs.
He wants to move his snakes to property he owns on South Main Street. It's zoned for agricultural use -- including "breeding and raising of exotic animals" -- and he has agreed to a long list of conditions to ensure that his snake farm won't bother the neighbors.
Recently, though, the Mapleton City Council affirmed a narrow decision to deny the conditional use permit Sutherland has been seeking.
Neighbors' concerns about property values spiked the permit. An appraiser's study found that the snake farm wouldn't bring down property values, but could -- could -- cause properties to stay on the market longer before selling at full price.
Even Mapleton's city manager said the effect was "unquantifiable." As such, it shouldn't be used to keep a property owner and businessman from using his land in a responsible, legal manner.
Sutherland plans to appeal the city's decision to state court. There is reason to think he will prevail. In addition to the appraiser's report, the state property rights ombudsman weighed in -- and he said the permit should be granted.
The conditions contained in the permit "will mitigate the impact of the proposed use on the value of neighboring property owners," the ombudsman's report states. "Since the negative aspects of the proposed use can be mitigated ... the application must be approved."
Sutherland sells ball pythons and boa constrictors over the Internet. The barns he has built on the Mapleton property would house about 1,500 snakes, as well as baby rats and mice to feed them.
Right now, he operates in an industrial park in Spanish Fork. Other tenants there have submitted affidavits that his business is clean, odor-free and safe.
He's also got the endorsement of a California appraiser who looked at home sales data during the time that Sutherland's operation was in Palmdale, Calif.
"Your reptiles and rodents held on your property over the past 10 years absolutely had zero affect/impact on marketability and market values of homes in the neighborhood," the appraiser wrote in a letter provided by Sutherland's lawyer.
It is not a store-front business, so there shouldn't be any traffic to bother neighbors. And while there would be a lot of snakes, apparently they're quite secure -- the animal cages, for example, reportedly survived the 6.7-magnitude earthquake that struck Northridge, Calif. in 1994.
As long as Sutherland abides by requirements regarding odor, animal waste, security and monitoring, there seems to be little reason for Mapleton to ban the snake farm.
In fact, if snakes are ever allowed to move in, people might not even know they're there.
***
What do you think?
Should Dan Sutherland be approved for a snake farm in Mapleton? Send your comments to dhpolls@heraldextra.com or call 344-2942. Please leave your name, hometown and phone number with your comments. E-mail comments should not exceed 100 words; voice-mail comments should be no longer than 30 seconds. Anonymous and unverifiable responses will not be published.
The Daily Herald will publish comments on Aug. 5.
Poll: Should snake farm be approved?