PUBLIC HEARING AGENDA REQUEST
Board Meeting Date:
James N. & Marilyn S.
Robert C. Counts Community Development
Service District: None 6945-52-2882-000
Topic: A Resolution to Approve SE03-M-07, Category 2 Special Exception for
Residential Businesses, and SE03-M-08, A Category 13 Special Exception for
Businesses and Personal Services PIN 6945-52-2882-000,
requests SE03-M-07 and SE03-M-08 - Category 2: Residential Businesses, and
Category 13: Commercial Businesses and Personal Services
The applicants propose to operate a small, by appointment only, full service dog grooming business known as the Dog-Gone Delightful Day Spa. They plan to serve 2-4 clients per day. They also propose to board 4-6 dogs per day. These business activities will occur within an existing 29-foot x 20-foot kennel structure already located on the property within an 87-foot by 147-foot fenced area.
property consists of 25.01 acres. It is located on
Requested Action of the
Board of Supervisors:
Hold public hearing and take action on the requested Special Exceptions. Consider adoption of attached resolution.
No fiscal impact analysis was required.
Identify any other
Departments, Organizations or Individuals that would be affected by this
Staff and appropriate referral agencies have reviewed this
request for conformance with the Comprehensive Plan, the Zoning Ordinance,
and other relevant policies and regulations. Staff and referral agency
findings, comments, and recommendations are summarized below.
Category 2 Residential Businesses: The
proposed residential business is consistent with the home occupations
requirements and standards contained in the Zoning Ordinance Sections
5-201, 6-302-11, 6-303, and 6-305 as these sections pertain to permitted
uses, prohibited uses, hours of operation, signage, number of employees,
operation of equipment, etc.
Category 13 Commercial Business and Personal Services: The proposed operation is consistent with the general standards of Section 5-1301 (Additional Standards for Kennels) with regard to lot size, building setbacks, design of the pens and dog runs, and number of dogs to be kept on premises.
The property is currently zoned RA (Rural Agriculture). Consistent with this zoning category, this property is located in a district that contains the areas where agriculture and forestry are the predominant uses or where significant agricultural lands or large lot type residential development exists. Properties on all sides of the subject property are also zoned RA.
Normally, the proposed uses are allowed by Special Permit within the RA zone. However, the subject parcel is located in the Orlean / Hume Agriculture and Forestal District. In accordance with the State Code of Virginia, properties located in Agriculture and Forestal Districts require Special Exception approval by the County Board of Supervisors prior to site plan submittal. The proposed kennel use will require an approved site plan prior to the issuance of a zoning permit.
did comment that the street tie-in at
Staff feels that, given the limited use proposed by the
applicant, this suggested entrance improvement is not warranted and should
not be required of the applicant at this time.
the Health Department and the County Soil Scientist raised the same
concern about the potential for hair blocking the drainfield. They cited
the possible need for a pretreatment device or a filter being added to
catch any dog hair before it enters the shared septic tank. The applicant
has responded to this concern by providing evidence of the installation of
a “hair interceptor” in the drain line.
Staff and members of the Planning Commission observed this device
on a site visit to the property.
Response to Public Hearing
Testimony by adjacent property owners at the public hearing reflected the same concerns voiced by a single caller prior to the hearing. In general, the speakers had no problem with the operation of the dog grooming business on the scale proposed by the applicant and during the hours of operation indicated. They were, however, skeptical of the proposed overnight boarding of dogs in the existing kennel area, stating that the previous owner of the property built the kennel facility and used it to house a breeding operation. The speakers indicated that the location and orientation of the kennel and dog runs focused noise away from the house on the property and toward adjacent properties.
Following the public
hearing, the applicant met with her neighbors and has been successful in
overcoming their concerns. In two instances, she has gained their support.
Patrick and Nancy Kerns, and Jonathan and Barbara Slaton have submitted
letters amending their testimony to reflect that they no longer have
concerns about her proposed business operation.
on staff analysis and a site visit conducted on