7 December 10, 2014 Public Hearing APPLICANT: OBEDIENT PAWS, L.L.C.

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1 7 December 10, 2014 Public Hearing APPLICANT: OBEDIENT PAWS, L.L.C. PROPERTY OWNER: DIANE BLACKISTON STAFF PLANNER: Graham Owen REQUEST: Conditional Use Permit (Home Occupation) ADDRESS / DESCRIPTION: 5013 Maderia Road GPIN: ELECTION DISTRICT: BAYSIDE SITE SIZE: 40,483 square feet AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit for a home occupation to allow for dog training and boarding on the site. The applicant runs a licensed dog training business, Obedient Paws LLC, from his single-family residence in the Lakeview Park subdivision. Obedience training is conducted in the side yard of the residence through a one-to-four week-long boot camp, during which dogs are housed in cages in the applicant s garage. The applicant is a member of the Association of Professional Dog Trainers, a national organization of training professionals. Zoning Enforcement received a complaint regarding the business, and the applicant was informed that the use requires a home occupation permit. The City Zoning Ordinance allows accessory uses in the R-40 Residential Business District when there is no audible evidence detectable from outside the building lot, and where such activity is conducted only in the principal structure on the lot. As such, an outdoor dog training business cannot be considered accessory, and thus a home occupation conditional use permit is required. Page 1

2 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single family home / R-40 Residential District SURROUNDING LAND USE AND ZONING: North: Single family homes / R-40 Residential District Madeira Road South: Single family homes / R-40 Residential District East: Single family homes / R-40 Residential District Maharis Road West: Single family homes / R-40 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within the Chesapeake Bay Watershed. There are no known cultural features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2.) IMPACT ON CITY SERVICES WATER AND SEWER: This site currently connects to City water. The existing 5/8 water meter (City ID # ) may be used or upgraded to accommodate the proposed development. The site currently connects to City sewer via pump station 318. EVALUATION AND RECOMMENDATION The applicant has indicated that the dog training business has all of the preceding characteristics. Only a portion of the property (garage, side yard, and rear yard) is used for dog training and boarding, and the property remains predominantly residential in character. The applicant has not modified the outside appearance of the property to accommodate the training, and no signage exists or is proposed with this application. The existing six-foot high rear yard fence is in good condition, and the premises are clean and well-kept. The applicant has indicated that he lives at the location, and that he is the sole proprietor Page 2

3 of Obedient Paws, LLC. Given the nature of the training service, there are no product or merchandise sales to the general public from the home. Also, as indicated earlier, the service does not qualify as an accessory use due to the outdoor nature of the training. The current training in the unfenced side yard is too visible to qualify as a home occupation, and staff has recommended a condition requiring that all dog training activities be located within the fenced area of the yard. This condition would also reduce the audibility of the dog barking that can reasonably be expected with such a use. Residents in the R-40 district, as well as any other Residential zoning district, are permitted to have four of their own pet dogs at their residence by-right. Any number of pet dogs over four requires a Conditional Use Permit for a residential kennel. Given this, Staff finds that the full exercise of this by-right allowance of four pet dogs yields a reasonably comparable impact to the requested allowance of four dogs for this home occupation. The Planning Department has received letters in support of the home occupation from eight neighboring properties, including all of the adjacent properties. Given the low intensity of the use, and the fact that four pet dogs are allowed by-right in the R-40 Zoning District, Staff finds that the requested Conditional Use Permit for a home occupation is reasonable and will have minimal or no impact on the neighboring properties. Staff recommends approval of this request with the conditions below. CONDITIONS 1. Unless otherwise limited by Animal Control, the maximum number of dogs on the site over six (6) months of age shall be four (4). 2. The dogs shall only be trained within fenced areas of the yard. 3. All dogs shall be housed within the home and garage. 4. The existing rear yard fencing shall be maintained in good condition for perimeter control. 5. All dogs, when outside the residence and garage, shall be supervised at all times. 6. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 7. No more than one (1) customer at a time shall be permitted on the property. Page 3

4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 4

5 AERIAL OF SITE LOCATION Page 5

6 NEIGHBORHOOD AND SUBJECT SITE Page 6

7 SITE LAYOUT Page 7

8 SIDE YARD Page 8

9 GARAGE Page 9

10 REAR YARD Page 10

11 1 ZONING HISTORY # DATE REQUEST ACTION 1 08/23/2005 Subdivision Variance Approved Page 11

12 DISCLOSURE STATEMENT Page 12

13 DISCLOSURE STATEMENT Page 13