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