Sheltie appeal denied

September 10, 2006

By MARY AMES

Frontiersman

WASILLA - Three weeks after hearing an appeal of the Wasilla Planning Commission's denial of a kennel license application, the hearing officer announced Thursday in favor of the commission.

But, Deborah Luper, who has resisted the city's attempt to enforce its code for two years, has 30 days to appeal the outcome of her appeal.

Luper, 46, keeps at least 18 sheltie dogs in her home and yard in the Bayview subdivision of Wasilla, an area with convenants prohibiting kennels. The city also prohibits more than three dogs in a residence without a kennel license. This year was the second time Luper applied for a kennel license. Both of Luper's applications for a kennel use permit were denied.

Robert Hall, the hearing officer, concluded that neighborhood concerns were reasonable.

Those concerns included Luper's history of keeping more dogs than allowed, impacts on off-site water, sewage and drainage, health issues, loose dogs, noise and general neighborhood disruption, according to Hall's written decision.

Hall also noted the city doesn't enforce covenants, which are private matters that require civil action.

A year ago, the city cited Luper for not having a kennel permit, animal annoyance, failure to register her dogs, failure to meet kennel requirements, failure to comply with a written administrative code and interfering with an investigation. In February, in Palmer District Court, Magistrate David Zwink gave Luper 90 days to comply with city code.

The city filed an injunction against Luper in May. Oral arguments in that case are scheduled for Monday at 1:30 p.m. before Superior Court Judge Beverly Cutler.

A recently passed amendment to city code was inspired in part by Luper's second application for a kennel.

The city council voted to mandate a &#8220material change in conditions” before someone can re-apply for a previously denied use permit or rezoning.

Council Member Marty Metiva said he took action because repeated applications forced the city to go through the time and expense of repeating a process that produced the same results.

Ken Jacobus, Luper's attorney, said they were disappointed in the decision. The city should be going after people who don't take care of their animals, and give some consideration to people who take care of their animals, he said.

Luper was out of town and not available to discuss future plans, but Jacobus said he thought there should be some way to work things out.

&#8220Wasilla is the home of the Iditarod,” Jacobus said.

Information on Luper's dogs can be found online at www.wyndsongshelties.com, and information about Luper's life is online at www.alaskasfinest.org/myhome.html

Contact Mary Ames at

352-2284 or mary.ames@

frontiersman.com.