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HomeMy WebLinkAbout20-00 BOS Staff ReportPC REVIEW: 01/03/01 BOS REVIEW: 01/24/01 CONDITIONAL USE PERMIT #20-00 ROY S. SPAID Dog Kennel LOCATION: This property is located 198 Spaid Lane. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 37 -A -35C PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and Vacant PROPOSED USE: Dog Kennel (Non -Boarding) REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Inspections Department: No comment required. Fire Marshal: Recommend portable fire extinguishers. Tree limbs inhibit emergency vehicle access to properties. A vertical clearance of 14.5 feet is required per NFPA 299 for the width of roadway. A dry hydrant at the pond entering Spaid Lane would benefit all property owners with adequate water supply for firefighting and reduced insurance. Plan approval is recommended. Health Department: The Health Department has no objection to Mr. Spaid's proposal since Roy S. Spaid CUP Page 2 January 18, 2001 he has stated that the facility will have no employees except family members living in the existing house. Note that the Health Department cannot address the disposal of the dog waste. Dog waste is considered a commercial and industrial waste and is regulated by the Dept. of Environmental Quality (DEQ). Questions concerning the proper disposal of dog waste should be directed to the DEQ (540) 574-7800. Planning and Zoning: Dog kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved conditional use permit. This application is the result of a complaint filed with this office. The applicant has advised that the kennel currently is only used for housing and breeding dogs that belong to him. This site consists of twenty (20) acres and is well screened from Back Creek Road (Route 704) by mature woodland and a steep terrain. The east side of the nearest kennel is 51 feet from the adjoining property line, the west side of the nearest kennel is 240 feet from the adjoining property line, and the south side of the nearest kennel is 420 feet from the adjoining property line. As with any kennel, noise from this type of business negatively impacting adjoining property owners is a concern. Staff believes that the location of the property is appropriate for the operation of a kennel with a number of conditions applied. STAFF CONCLUSIONS FOR THE 01-03-01 PLANNING COMMISSION MEETING: Approval of this conditional use permit would be appropriate with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. This permit is for a kennel (non -boarding) only. Only dogs owned by the owner will be boarded in the kennel at any time. Inspection of the facilities by the Animal Control Officer shall be required to determine if the housing for the dogs is adequate and appropriate. 4. No more than twenty (20) dogs shall be boarded within the facility at any given time. All associated materials and supplies shall be stored within an enclosed structure. 6. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining Roy S. Spaid CUP Page 3 January 18, 2001 property by either barking or roaming free. 7. All dogs at the kennel must be controlled to limit the impact on adjoining properties. All dogs shall be kept within a fenced enclosure and must be placed inside a building after 8:00 p.m. 8. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. 9. Any expansion of the kennel shall require approval of a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF 01/03/01 MEETING: Fifteen persons came forward to speak about the kennel operation, the majority of which live on adjoining or surrounding properties. None of the people who spoke had a problem with Mr. Spaid operating his dog kennel at this location; however, two persons, who live approximately 400 yards from the kennel, said that the dogs' barking all through the day and night was creating a nuisance. The applicant was comfortable with all but two of the conditions of his CUP. He wanted the ability to bring other dogs in for breeding purposes and he did not want to place his dogs inside a building at night because of the nature of the breed of dog he is raising. The Planning Commission had no objections to amending Condition #2 of the permit to enable the applicant to bring dogs in for breeding purposes. The Commission noted that the definition of "non - boarding" eliminated a retail -type kennel whereby pet owners would bring their dogs to stay while they're away on vacation. The Commission also eliminated Condition #7 so that the applicant would not be required to place his dogs inside an enclosed building at night, which is normally a requirement of kennels located in more urban settings. Members of the Commission recognized that for some neighbors, a barking problem existed and they explained to the applicant that Condition #6 requires the applicant to control the barking nuisance. The Planning Commission unanimously recommended approval of the CUP with all of the conditions recommended by staff except for an amendment to Condition #2 and the elimination of Condition #7, as follows: All review agency comments and requirements shall be complied with at all times. 2. This permit is for a kennel (non -boarding) only. Roy S. Spaid CUP Page 4 January 18, 2001 Inspection of the facilities by the Animal Control Officer shall be required to determine if the housing for the dogs is adequate and appropriate. 4. No more than twenty (20) dogs shall be boarded within the facility at any given time. 5. All associated materials and supplies shall be stored within an enclosed structure. 6. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining property by barking or roaming free. All dogs must be kept within a fenced -in area. 7. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. 8. Any expansion of the kennel shall require approval of a new Conditional Use Permit. (Note: Mr. Wilson was absent from the meeting.) 0:\Agendas\COMMENTS\CUP's\2000\Roy Spaid.wpd