FAYETTEVILLE -- A property owner can open a dog and cat boarding business despite protests from some neighbors, the Washington County Quorum Court recently decided.
Jamie Hertzberg of 2176 N. Sunshine Road plans to open Stone Chapel Dog Kennel and Cattery, which will include an indoor and outdoor space for the animals on 3 acres, county planning records show. The site is off West Mount Comfort Road past the Fayetteville city limits.
The kennel will hold up to 32 dogs and 10 cats and replace a covered riding arena on Hertzberg's property. It also will use Fayetteville sewer services.
The property is zoned agricultural and single-family residential, so Hertzberg needed a conditional-use permit for the business. That permit was approved by the Planning Board last month, appealed by several neighbors and upheld by the Quorum Court on Dec. 21.
At least 50 people for and against the project packed the Quorum Court meeting room to talk about the kennel. Discussion lasted for more than an hour.
Helga Coleman at 2169 N. Sunshine Road told justices of the peace that the boarding business is not compatible with her neighborhood. The kennel could hurt property values because people won't want to live beside it, and it could keep neighbors from enjoying their own property, she said.
County guidelines for whether to issue a permit include compatibility with the surrounding area's use. Other criteria are whether the proposal will hinder the use or enjoyment of other people's property and whether the proposed use would affect public health. The proposal shouldn't affect property value, public safety, comfort or general welfare, among other criteria.
Lowell and Ann Boynton said about 100 weddings are held annually at St. Catherine's at Bell Gable at 2140 Stone Chapel Lane. The kennel is visible from the chapel, and brides want tranquility, not barking dogs, the Boyntons said.
The chapel likely would be financially hurt as brides pick other venues over St. Catherine's, they said. The couple owns the chapel.
Other neighbors supported Hertzberg. The property is already surrounded by similar businesses, records show, and Hertzberg said she wants to be a good neighbor. For example, Hertzberg said she plans to add sound barriers, including technology that reduces noise.
County planning staff members determined the kennel is compatible with the neighborhood.
Justice of the Peace Lisa Ecke said nothing prevents Hertzberg from owning 15 barking dogs and questioned how a limited-hour kennel would make an impact.
Hertzberg will be required to meet certain conditions, including shielded lighting on any sign, limited employees, limited hours and outside time for the dogs. Planning staff members also required sound buffering along the eastern property line, the report shows.
Ann Boynton said Tuesday that she and other neighbors have not yet decided whether to appeal to circuit court. Appeals over the Quorum Court's decision can be made up until 30 days after approval.
Metro on 12/29/2017