FAYETTEVILLE -- A proposed kennel is on hold pending the outcome of a lawsuit filed in Washington County Circuit Court, county planning officials said.
Six property owners filed an administrative appeal Jan. 19 to overturn the county's decision to grant a conditional use permit for the kennel at 2176 N. Sunshine Road, just west of the city limits.
Appeals
Washington County faces three different appeals over planning permits. Besides the administrative appeal over a proposed kennel filed at the Circuit Court recently, two other property owners also have sued. In those cases, the Quorum Court denied conditional use permits for a proposed marijuana manufacturing facility near Lincoln and a proposed event and wedding venue near Greenland. Those cases also are ongoing through the Circuit Court.
Source: Washington County Circuit Court
Lowell and Ann Boynton, Warren and Polly Gabbard and Adam and Helga Coleman sued Washington County, County Judge Joseph Wood and the Quorum Court.
The number of plaintiffs could increase, said West Doss, attorney representing the neighbors.
County Attorney Brian Lester said he could not comment on pending litigation. He plans to file a response to the appeal in the next few days, he said.
A court hearing has not been set yet, attorneys said.
Neighbors said in the appeal the kennel will hurt property values, add noise and be a nuisance, hurt people's ability to use their property and financially damage at least one business.
Warren Gabbard said barking dogs will hurt St. Catherine's at Bell Gable, a wedding and event venue at 2140 Stone Chapel Lane.
The Quorum Court ratified the conditional use permit Dec. 21 for Jamie Hertzberg to start Stone Chapel Dog Kennel and Cattery on her 3 acres off West Mount Comfort Road.
The Planning Board followed planning staff recommendation and approved Hertzberg's permit in November.
The permit is delayed until the Circuit Court appeal is resolved, attorneys said. Hertzberg is not listed in the court filing but is considering getting involved, she said.
The kennel is planned to hold about 32 dogs and 10 cats and use indoor and outdoor space, county planning records show. The kennel would be on property surrounded by other businesses but is zoned agricultural and single-family residential, which means the project requires a conditional use permit, county planners said.
A photography business and an interior landscape company are about 450 feet away from Hertzberg's property, according to county planning documents. Another dog daycare facility is also in the neighborhood, records show.
About 25 property owners submitted paperwork to the Planning Department in favor of the kennel. Most said a kennel is needed. A Fayetteville planner sent a letter calling the property an acceptable location for a kennel, if there are some conditions like sound barriers.
A kennel would have less impact to the community than other kinds of businesses, supporters said. Juli Odum, who shares a property line with Hertzberg, said she trusts her neighbor to run a professional, neat and clean boarding business. The dogs won't be barking incessantly. Some neighbors are overreacting, Odum said.
"I think some people are just getting too excited and too negative," Odum said. "It's not that big of a deal."
Gabbard, whose family runs the chapel, said the kennel will hurt the chapel's tranquil atmosphere and drive off business. Brides want a peaceful, beautiful setting for their weddings, not unpredictable barking dogs, he said.
About 100 weddings are held annually at the chapel, which is within eyesight of the proposed kennel.
"Many have often said it feels like they've stepped into a different world," Gabbard said of the chapel. "Our position has always been to maintain that."
NW News on 02/05/2018