Fred & Barbara King 215 Lake Talmadge Rd., DeLand, FL 32724 August 8, 2013 Attention: Carol McFarlane, Planner l l Volusia County Planning & Land Development

Re: PLDRC Public Hearing scheduled for August 13 2013. Case # V‐13‐053, an Application for Variance by William Coe Pre‐hearing Statement:

My wife & I have lived on Lake Talmadge Rd., directly opposite the Coe residence, for the past 17 years. At this location we are the ones most impacted by the Coe's five foot fence. We have had a good relationship with the Coe's, up until the time their dogs became a problem. We have appreciated Heidi Coe watching our property and notifying us of any suspicious activity, and we have tried to reciprocate and notify them whenever their dogs get out and roam the neighborhood or try to mutilate each other.

I know that this hearing is about their fence, however it is not possible to separate the dog issue from the fence issue. The whole purpose of the fence is for the dogs. At one point there were 10 dogs, mostly "Fila", and two cats. County records will indicate there have been numerous complaints about their dogs dating back to 2008. At present there are 5 dogs (3 Fila, one , and another dog) and two cats. This, unfortunately, is in excess of the 5 animal maximum that the Coe's agreed to in their mediation agreement with Animal Control on December 14, 2012. Since that date there have been at least two citations issued for breaching their agreement.

I have enclosed a picture and some information on the Fila Breed of dogs obtained from Wikipedia. "Owing to its size , temperament and potential for aggression, it has been banned in many countries" including the UK where it is considered a dangerous dog and banned under "The Dangerous Dog Act of 1991. These dogs rank # 6 on the List of Top 10 Deadliest Dog Breeds.

All of the existing five‐foot fence was only recently installed. It was originally a four‐foot fence, but because of the size, temperament and potential for aggression of their dogs we feel safer with a five‐foot fence, HOWEVER, we object to having this five‐foot fence, and their dogs, directly and constantly in our face. We have no objection to a five‐foot fence in their side yard, or front yard east of their existing aluminum carport, and we would greatly appreciate having all their dogs restricted to this area. In the past we have witnessed neighborhood dogs jumping over their previous four‐foot fence and according to Page 3 of 16, paragraph 4, of his application the applicant stated that "his dogs would easily be able to jump a four‐foot tall fence." We would deem this to be contrary to the public interest.

We have spoken to the Coes on numerous occasions about the aggressive nature of their dogs. We are not able to go to the foot of our driveway to pick up our mail or put out our garbage without being threatened and frightened by these dogs. We have also spoken to the Coes about the offensive odor and the mess their dogs make in their front yard. We have told the Coes on several occasions that we would not support their request to heighten their fence if it did not address our concerns about their dogs. I have personally offered to resolve these issues AT MY OWN EXPENSE, but they have declined my offer and shown no regard for their neighbor's feelings.

On Mr. Coes "Written Petition For A Variance" he states, "My dogs like to play and swim in the lake." Unfortunately, giving them access to the lake allows them to swim out and around any fence and access neighboring properties. Mr. Coe's answer, "YES" to the question, ("Is your request for Variance(s) consistent with the intent and purpose of the Zoning Ordinance and the Volusia County Comprehensive Plan Ordinance No. 90‐10?") is far from the truth. It, in fact, does not promote public health, safety, morals, and the general welfare. It promotes discord, enmity and ill will with most of the neighbors. Furthermore, it does not preserve the character, appearance, and aesthetic qualities of Volusia County.

While the Coes have a right to secure their home and property, because there are "Other Options" to do this, we do not feel it should be done, or allowed, at the expense of others in the community. We will appreciate any effort to help the Coes understand this. Perhaps their animals could be re‐located to the 560 + acres they own on Ranchette Road.

Finally, we are requesting that if Variance 1 is approved, that a condition be applied to the variance so that it only applies to the fencing east of the existing 13' x 20' Aluminum Carport, and that all their animals be restricted to this area. We are not in favor of approving Variance 2 for many of the same reasons.

Sincerely,

Fred W. King

The Fila Breed of dogs: Fila Brasileiro

From Wikipedia, the free encyclopedia

The Fila Brasileiro also known as the Brazilian is a large working breed of dog developed in . It is known for its superb tracking ability, aggressiveness and an unforgiving impetuous temperament. Owing to these qualities, the Brazilian Mastiff is used as a , as a Sheppard dog for herding livestock and as a hunting dog for tracking and controlling large prey. Owing to its size, temperament and potential for aggression, the Brazilian Mastiff has been banned in many countries.

In the UK the Fila Braziliero is considered a dangerous dog and has been banned under the Dangerous Dog Act of 1991. These dogs rank #6 on the List of Top 10 Deadliest Dog Breeds.