The great horse debate

Alexis Barker
NLJ News Editor
 
Jonathan and Linda Stoltzfus, owners of The Howdy Bakery, were granted a special use variance by the Newcastle City Council, which allows them to keep a horse on the property. Several community members dedicated to helping prevent the closure of the bakery are credited with helping to bring about the city’s action. 
Months ago, the couple was informed that their business and home located at 834 S. Summit Ave. were not zoned for horses. At the council’s June 7 meeting, when the variance came under discussion, community members insisted that the council find a way to allow storage of the horse at the Stoltzfus property. Speakers cited unique circumstances and the need for the city to welcome the alternative lifestyle as reasons for finding a solution. 
 The horse is also the family’s means of transportation.
City Attorney Michael Stulken stated that he was unsure of a way to allow the horse per current city ordinance. Stulken had suggested a possible religious exemption from the variance, although he said that was a stretch. But Sandra Martin had discovered a special circumstance variance.
“There is a zoning exception allowing for land use in particular situations. ... This would give them a year of contractual use and the city can reevaluate,” Martin said while reading from her phone at her meeting. 
“Right now, we are shutting down a business if they cannot have the horse. … This is negative towards the community. Let them have the horse for a year and see how it goes,” she added. 
Mayor Pam Gualtieri, after reviewing the exception noted by Martin, confirmed that the special circumstance provision could be used in this instance as it appeared that the need for the horse met all criteria, including allowing the occupant reasonable use of the land and/or building. 
Despite expressed concerns from both Councilman Michael Alexander and Councilwoman Ann McColley about a potential “can of worms” the variance could create, but the motion to grant the special circumstance variance was approved with a list of requirements. 
The requirements state that the horse must remain located behind the business, proper hygiene must be followed after caring for the horse and returning to the business, the horse’s area must remain clean, pest control must be employed, and shade, food and water are necessary. The council also stated that the community service officer will be responsible for guaranteeing compliance and that the variance could be revoked at any time.