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VARIANCE APPLICATION

Applicaiit(s): Albert Blaha & Janice Polcak(Applicant must have a financial, contractual, or proprietary interest in the property)

Property Address: 175 Kenwood Road, Pasadena, MD 21122

Property Location: 50 feet of frontage on the ( S E ) side of Kenwood Road

150 feet(E ) of (Nearest intersecting street) Hall Road(Enter Street Name)

(Enter Street Name )

Tax District (^_ )12-digit Tax Account Number 369326015300

Waterfi-ont Lot: YQ N0 Comer Lot: Y[]N|3 Deed Title Reference 23403 / 470Zoning District ̂ 5_ Lot#_23_Tax Map 0011

Area 6, 250

Block/Grid0016 Parcel 0066

. (Sq Ft. ) Subdivision Name Riviera Beach

Description of Proposed Project and Variance Requested (Brief, detail fiilly in letter of explanation)

House pot-bellied pig on lot less than 40,000 square feet in area.

The applicant hereby certifies that he or she has a financial, contractual, or proprietary interest in the property; that he or she isauthorized to make this application; that the information shown on this application is correct; and that he or she will comply with allapplicable regulations ofAnneAmndel ^"ouiity, Maryland.; regulations ofAnneAmndel ^"ouiity, Maryland.

t's Signatm^W?^Wi^ ^Q^^W^Applicaiit'!

Print Name Albert Blaha / Janice Polcak

Mailing Address 175 Kenwiwd Road

Owner's Signal,^^^ll.

Print Naine Albert Blaha / Janice Polcak

Mailmg Address F75 Kenwood Road

City, State, Zip Pasadena, MD 21122

Work Phone

Home Phone

City, State, Zip Pasadena, MD 21122

Work Phone

Home Phone

Cell Phone (443) 694-6210 Cell Phone (443) 694-6210

Email Addressalbertblaha@ymail.com Email Address albertblaha@ymail.com

* * * Below For Office Use Only * * *

Application accepted by Anne Arundel County Office of Planning and Zoning:

Variance to a)/^ j^ ̂ ^j^> ̂ c^- ec ̂ - ̂ /^/ ,P^ /"T^^^.0 ^-/

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.IOSEPII F. DEVLINWriter's E-Mail: DcvIin'o'CouiicilBaradcl. com

Writer's Telephone Rxlension: 3414

October 19. 2017

VIA HAND DELIVERYOffice of Planning & ZoningZoniny Division

2664 Riva Road. P. O. Box 6675Annapolis. Maryland 21401

Re: Letter of Explanation for Albert Blaha & Janice PolcakSite Address: 175 Kenwood Road, Pasadena. Maryland 21122Variance ApplicationOur File No. : 19627. 01

To Whom It May Concern:

Tl-iis firm and undersigned counsel represent the applicant owners, Albert Blaha and JanicePolcak. Tlie proposed variance pertains to the keeping of a pot-bellied pig in the R5 zoning district,on a lot less than 40. 000 square feet in area, located at 175 Kenwood Road, Pasadena. Maryland21122 ("Subject Property"). The applicant owners firmly believe that a variance should not berequired in this instance because a pot-bellied pig should be treated as a "pet" under Anne AmndelCounty Code, § 18-4-104(a). and not "livestock" or "swine" under § 18-4-104(b). This wouldpermit their pot-bellied pig, Zoey, to live in their home as she has since she was twelve (12) weeksold. Notwithstanding their position, the applicant owners hereby apply for a variance to AnneArundel County Code § 18-4-104(b).

The Subject Property is located in the Riviera Beacli community. The applicants, AlbertBlaha and Janice Polcak. are the owners of the Subject Property pursuant to a Deed dated March31, 2011, and recorded on April 15. 2011, among the Land Records for Anne Arundel County,Maryland, at Liber 23403, folio 470. The Subject Property is located in the R5 Zoning District,with a total site area of 6.250 square feet.

The applicants have a Itve-year old pot-bellied pig, Zoey. that has lived with them sinceher infancy. Zoey lives inside of the applicants' home along with their dog. Bailey. Zoey haslived her entire life in a home with human beings and other pets. She has been trained to live inthe house, and is house broken like most other pets. She is smaller than many large-breed dogs.Generally speaking, pot-bellied pigs are quite different from a farm pig, or "non-domesticatedpig. Pot-bellied pigs are not livestock-they are pets. They are not bred or purchased foragricultural, commercial, or food production puqxises. They are bred for companionship. Whereasfarm pigs are bred and raised for meat, pot-bellied pigs are not. Fam^ pigs, like other livestock, requirea lot of land. Fami pigs also need large grass areas, plenty of sliaded area, a pond and mud hole, ifpossible, large areas designated for feeding, a strong structure for shelter, and a fenced-in paddock

125 West Street, 4th Floor, Annapolis, Maryland 21401T 410-268-6600 F 410-269-8409 CouncilBaradel. com

Page 2October 19, 2017

area. Farm Sanctuary, Pig Care, available at http://www. farmsanctuary. org/wp-content/uploads/2012/06/Animal-Care-Pigs.pdf. Pot-bellied pigs do not need this type ofenvironment, and in fact, typically live in a normal home. Pet Pig Zoning Packet, complied byRebecca DiNolfi, The Miniature Potbelly Pig as a Hoiisepet: A Comparison with Cats and Dogs.They are also significantly smaller than farm pigs and are clean and intelligent animals. Id. A farmpig may weigh anywhere between 400 to 900 pounds, whereas a full-grown pot-bellied pig usuallyweighs less than ninety-five (95) pounds and usually has a shoulder height of less than 1 8 inches. Id.These are the standards for the breed set by the North American Potbellied Pig Association. Id. Pot-bellied pigs are bred with the intention that they serve as household pets, similar to domesticated dogsand cats. Mr. Blaha and Ms. Polcak acquired Zoey as a piglet to live in their home as any otherdomesticated pet, in good faith and after extensive research on pot-bellied pigs.

In consideration of all of these facts, Zoey should be classified as a "pet" under Anne ArundelCounty Code § 18-4- 104(a). This would permit the applicant owners to house Zoey and their dogBailey, regardless of their lot size. However, Zoning Enforcement has taken the position that Zoeyis "livestock" or "swine" under Anne Arundel County Code § 18-4-104(b), and that keeping heron a lot less than 40,000 square feet, violates the Code'. The applicants disagree with thisinterpretation and application ofAnne Arundel County Code § 18-4-104, however, given all of therelevant factors applicable to this matter, seek a variance to protect Zoey and the family from anyunnecessary hardship that would come with their separation.

The applicant applies for a variance to Anne Arundel County Code § 18-4-104(b)2, whichstates as follows:

(b) Livestock or fowl. The keeping of livestock or domestic fowl is allowed inaccordance with the following:

(1) Livestock may be kept on a lot of 40, 000 square feet or greater and maynot exceed a ratio of one animal unit per 40, 000 square feet. An animal unit isdefined as follows:

The Zoning Code does not define any of the following terms: (a) pot-bellied pig, (b) pig, (c) porcine, (d) swine, (e)livestock, (0 pet, (g) domestic animal, or (h) domesticated animal.

2 Eve" ifzoeyis to be classified as "livestock" or "swine" for the purposes ofAnne Arundel County Code § 18-4-104(b), the applicant owners are only requesting a variance to permit Zoey to be housed on their lot. Pursuant to §^8-4-I04(b), owners are permitted to have 1 animal unit per 40,000 square feet, and 8 swine equals 1 animal unit.Thus, 1 swine should be permitted on a lot that is 5,000 square feet in area. So, ifZoey is to be deemed "swine" forthe purposes of § 18-4-104(b), and ifZoey is the only pot-bellied pig the applicant owners intend to keep on the lot,then only 1/8 of the animal unit will be utilized, and thus the lot size requirement should be deemed to have been met.

Page 3October 19, 2017

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Zoey is not just a pet lo the Applicants. She is a source of therapy for Ms. Polcak, as hasbeen confirmed by her primary care physician. Zoey provides Ms. Polcak with medical andemotional bei-ief'its that assist her in overcoming personal health issues. Ms. Polcak's emotionalvvellbeing would be significantly impacted iflhe Applicants are forced to remove Zoey from theirhome.

The proposed variance meets all the requirements outlined in § 18-16-305. Strictadherence to tlie Code would present practical difficulties and uiinecessary hardship to theapplicant owners il iheir pet was forcibly removed from their care due to a lot size requirement.The proposed area variance to allow a pot-bellied pig on a 6, 250 square foot lot would peimit theapplicant owners to keep its one pot-bellied pig, Zoey, on their lot. This is the minimum variancenecessary to afford Ihe owners relief. Granting the proposed variance will not alter the characterofllie residential neighborhood and will not substantially impair the use and development of theadjacent propei-ties. Zoey resides within the home of the applicant owners and only venturesoiilside on occasion throughout tlie day as any pet dog would do. The Subject Property is notlocated within the critical area. and will not interfere with the forest cover in the limiteddevelopment, resource conservation, or critical area. For this same reason, the proposed varianceis not contrary to acceptable clearing or replacemeiit practices. Finally, approval of the ])roposedvariance will not be detrimental to the public welfare.

For all the reasons stated above and to be presented at the hearing, all standards ofAnneArundel County § 18-16-305 are met. We respectfully request thai you recommend approval ofthe variance application. Please do not hesitate to contact me with any questions or comments youmay have.

Sincerely,

Joseph F. Devlin

ec: Albert Blaha & Janice PolcakJillian J. Bokey. Esq.

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This location drawing i$ of WneSt lo a consumer only wwtw u D it Thii localion dnwing WIBS propansd without (he bcntfil of B litjc icfQftrequired by * lendtrw « dtk insurance wmpany or its tgeitl in conoeaion wtlicb may nveal »ddi(iowt convcywicu, eascmcnK, rightt of way crwith coai(mpl«t«i tnnsfer, fisanciBg or rc-fiM neing. btiitiitiig restrtclioa !inw not thawD,

This iocaiioa drawjng B noi to be reliixl upon for the csttUislimenl or Lot comw» h.8ve no! been set wi'tfi (hit suryey.loariw of fences, buildin&s, or olhor exiting w future improverotnis.

This loaiion dnwing is innlid withoui Ofigsn*l jmprcsst!<j scat andThu location d»«wng does not provide fw tht tccurale identifiettioB of !ii§n»(ure.pftipcry baaNtfy tmea, faui such idcntiRcatiwi may not be roquirsd Ksthe wnsfcr of Ati of $eeuring finaneing or rcBntncinB. Only (hi; viiiblc improvements !»tve been shown on this ioeaiion dnwing.

Accuracy of (his Mrvcy is ± tort (i) fct<. Thb localfon dnwing w not to be used for the ,Muan« orpmnhs.

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