74S113Sept. 25, 1974 (B.S.)
CASE NUMBER: 74Sl13
APPLICANT: Robert W. Murphy
REQUEST: A Conditional Use to permit the continued operation of a Dog Kennel.
PROPOSED USE: Kennel for breeding and selling dogs.
TAX MAP IDENTIFICATION: Midlothia.n Magisterial District;
(1) 9-6 (Sheet 12).
Tax Map Sec. 35
GENERAL LOCATION: Southeast line of 0tterdale Road, Just south of its
intersection with Old Hundred Road; north of Swift Creek Resevoir.
ACREAGE (SUBJECT PARCEL):
Approximately 1 acre.
EXISTING ZONING: Agricultural (A).
EXISTING LAND USE (SUBJECT PARCEL): The principal use is a single family
residence; however, a relatively large kennel operation is presently
being c~onducted on the parcel.
ADJACENT AND AREA~ ZONING AND LAND USE: All adjacent property is zoned
Agricultural (K')" and remains either vacant and wooded, or occupied
by single family dwellings.
TRANSPORTATIO~ AND TRAFFIC: The existing kennel operation may'at times
generate traffic which would be objectionable, not so much by'its
volume, but rather, objectionable from the standpoint of hours of
operation, As an example, the collecting and transporting of hunting
dogs in the early morning hours during the hunting season could be a
detriment tO adjacent residences. If the request is approved, a
Condition governing hours of operation could be imposed. Such a
.condition would minimize objectionable activity in this regard.
GENERAL PLAN: Vacant/Agricultural use for the area encompassing the parcel
in question.
STAFF ANALYSIS AND RECOMMENDATION: Individual lots front Otterdale and
have undeveloped wooded land as a backdrop along the rear property
lines; however, side yard to side yard, the homes are in relatively .
close proximity to one another. This single family neighborhood
situation is of prime concern in the consideration of the subject's
request.
The existing dog kennel is large (approximately 13 adult dogs and an
undetermined number of pups were observed either chained or within
the kennel compound) and could quite easily create a problem for ~
adjacent and area residences. Such problems would include noise,
appearance, and odor (inspection of the site revealed that the kennels
were clean, and no odor was detected). Although current adjacent
property owners may not object to the existing kennel operation, this
is not to say that it would not prove a nuisance and detriment in
the future. At best, even under the best of conditions, and properly
(over)
regulated, the existing kennel would from time to time become a source
of annoyance for area residents.
THEREFORE~ STAFF IS OF THE OPINION THAT~ IF ANY KENNEL OPERATION IS
PE~4ITTED: THE APPLICANT BE ALLOWED TO KEEP NO MORE THAN A TOTAL OF
~ ADULT DOGS ~OVER THE AGE OF 6 MONTHS). IT IS FURTHER RECOMMENDED
THAT THE KEEPING OF THESE DOGS BE LIMITED AND RESTRICTED BY THE
IMPOSITION OF THE FOLLOWING CONDITIONS:
t) No siEn, making reference to the..~ale of dogs or the operation
of a Dog Kennel, shall be permitted.
2) The number of dogs, above the age of 6 months, to be kept on the
parcel shall be limited to no more than 4.dogs.
3) All dogs shall be confined to either the interior of the existing
residential structure or a kennel impoundment. The existing
kennel impoundment shall be reduced in size to accommodate the
keeping of only 4 adult dogs.
4) This Conditional Use shall be restricted to, and for, Mr. Robert
W. Murphy and shall not be transferrable.
5) This Conditional Use shall be valid for a period of 3 years from
the date of approval of this request.
6) The kennel area shall be cleaned and maintained daily.
?) The area around the kennel is to be clean and free of the debris
and Junk materials. Such material, if stored on the parce/, shall
be enclosed within an outbuilding suitable for that purpose.
8) Any sale of dogs occurring on the parcel shall be restricted
to between the hours of 9:00 A.M. and 6:00 P.M. Monday through
Saturday. No Sunday sales shall be permitted.
'CA'SE'HI'STORY 'AND'.P~ST
'COMMISSI'0N 'AND B'OARD' AUT~0N
'FOR THIS REQUEST.
C.P.C. 8 20 74: Approval, subject to the following conditions:
1. No sign, making reference to the sale of. dogs or/the operation
of a Dog Kennel, shall be permitted.
2. The number of dogs, above the age of 6 months, to be kept on the
parcel shall be limited to no more than 6 dogs.
3. All dogs shall be confined to either the interior of the existing
residential structure or a kennel impoundment.
4. This Conditional Use shall be restricted to, and for, Mr. Robert
W. Murphy and shall not be transferrable.
5. This Conditional Use shall be valid for a period of I year from
the date of approval of this request.
6. The kennel area shall be cleaned and maintained daily. '
7. The area around the kennel is to be clean and free of the debris
and junk materials. Such material, if stored on the parcel,
shall be enclosed within an outbuilding suitable for that purpose.
8. Any sale of dogs occurring on the parcel shall be restricted to
between the hours of 9:00 A.M. and 6:00 P.M. Monday through
Saturday. No Sunday sales shall be permitted.
'"