Arbor Dog Daycare wins long battle with Planning Commission to expand from 25 to 125 dogs
Ann Arbor Planning Commissioner Jean Carlberg, left, wanted assurances Tuesday night that dogs wouldn't be left continuously barking outside if the Planning Commission approved an expansion proposal from Arbor Dog Daycare.
Ryan J. Stanton | AnnArbor.com
The owners of Arbor Dog Daycare reached a compromise with the Ann Arbor Planning Commission Tuesday night, shaking hands on a deal to let the growing business expand its operations fivefold — allowing up to 125 dogs onsite.
With only six of nine members of the Planning Commission present, business owners Jon and Margaret Svoboda needed every vote. And they got them all.
The measure passed 6-0 after an amendment from Commissioner Jean Carlberg, who wanted assurances there wouldn't be excessive barking outdoors.
Her amendment states that dogs must be removed from the outdoor "dog run" area and taken inside if they're continuously barking for more than three minutes.
"I'm really happy with the outcome, and I have absolutely no problem with the amendment they put in," Margaret Svoboda said afterward. "We've actually changed our dog barking policy so that it meets what Commissioner Carlberg was suggesting anyway, so it's perfect."
The Svobodas had been fighting to expand their business for more than a year, but the Planning Commission was a hard obstacle to overcome. The main concern has been the potential noise impact on surrounding residential property owners.
Jon Svoboda stood before commissioners at the start of Tuesday's meeting. He said he couldn't remember exactly how many times he had appeared before them, and he didn't know what else he could tell them — he just hoped they'd finally grant approval.
"Perseverance pays off," Planning Commission Chairman Eric Mahler told the Svobodas after their plan was approved about 30 minutes later.
"Thank you," the owners replied from the audience.
Following approval, the Svobodas will be allowed to expand their business into warehouse space adjacent to the existing daycare at 2856 S. Main St., about a half-block north of Eisenhower. The facility sits on about 6.5 acres.
No physical improvements to the property are planned.
"We're not going to jump from 25 to 125 dogs all at once," Margaret Svoboda said. "It just comes as we get more and more customers. What we'll probably do is start letting more dogs come immediately."
The special exception use does not require approval from the City Council, so Tuesday's vote was the final say on the daycare's expansion.
The planning staff's report says the daycare will be limited to 10,000 square feet and will be able to operate from 6 a.m. to 8 p.m. Monday through Friday and 8 a.m. to 8 p.m. on weekends. Indoor boarding will be allowed during hours the daycare is closed.
The number of dogs allowed in the outdoor area will be limited to 15 at a time, which is one of the compromises reached. Also, dog run hours are limited to 10 a.m. to 5 p.m., and supervision is required of all dogs taken outside of the facility.
Arbor Dog Daycare co-owner Jon Svoboda appears before the Ann Arbor Planning Commission Tuesday night.
Ryan J. Stanton | AnnArbor.com
For purposes of noise nuisance enforcement, the daycare owners will be considered the owners of the dogs, per the resolution approved Tuesday.
Commissioner Diane Giannola and Carlberg expressed concerns that the Planning Commission would not get a chance to go back on its decision if it finds it made the wrong choice. The special exception use that commissioners approved cannot be revoked.
"I think I had always assumed that these conditions have to be met or the special exception use would go away, but that is not the case legally," Carlberg said. "Once they receive this special exception use, they can keep it whether they comply with all these conditions or not."
Planning Manager Wendy Rampson said all the city can do is enforce its ordinances by writing tickets — or file a lawsuit against Arbor Dog Daycare in court if problems get out of hand.
Commissioner Tony Derezinski, who also serves on the City Council, said the threat of a $500 fine per noise violation should be effective enough.
"I think everybody's going to be watching it, too, in the neighborhood," he said.
The definition of a noise nuisance under the city's animals ordinance is: “Barking, howling, meowing, squawking or making other sounds, frequently or for a continued duration, which annoys, endangers, injures or disturbs a person of normal sensitivities on premises other than that occupied by the owner of the animal. After 10 p.m. and before 7 a.m., animal noises audible beyond the property line of the property where the animal is located are presumed to be an annoyance and disturbance and are presumed to constitute a noise nuisance.”
Three commissioners who previously voted against Arbor Dog Daycare's expansion changed their votes on Tuesday: Carlberg, Giannola and Kirk Westphal. Other commissioners who joined in voting for the project were Derezinski, Mahler and Evan Pratt.
Commissioners Erica Briggs, Bonnie Bona and Wendy Woods were absent.
Ryan J. Stanton covers government and politics for AnnArbor.com. Reach him at ryanstanton@annarbor.com or 734-623-2529.
Comments
Ron Granger
Mon, Jan 3, 2011 : 7:35 p.m.
Wow. So what about the letter from the condo board? You know, the one that stated that the letter previously sent by the rotating "condo" president favoring the expansion did not represent their views, merely his as an individual, and that he exceeded his authority by sending it? That seemed like a serious issue given that much of the past Planning Commission discussion wrongly assumed the condo board was in favor of the expansion. What about the condo residents who had issues with past noise and spoke at past meetings? They were ignored, and a permanent special exception granted. This topic was delayed over and over. It was difficult to know when it return to the agenda. Planning commission meetings were cancelled. And then it gets passed immediately before the holiday, while many residents and commissioners are away... Nicely railroaded!
tk
Thu, Dec 23, 2010 : 12:57 p.m.
To everyone who has questions about bathroom breaks and rabies,or any other questions, maybe you should call/visit/or email arbor dog daycare and ask the questions that you have.. Just an idea.
Deb
Wed, Dec 22, 2010 : 10:56 p.m.
Great! The Planning Commission has given it's approval for 125 dogs to be barking for 2 minutes and 59 seconds each!
Ann English
Wed, Dec 22, 2010 : 8:24 p.m.
It's been 22 years since I owned a dog, but aren't dogs still required by law to be vaccinated against rabies before getting their licenses? And I would fully expect any dog boarded at Arbor Dog Daycare to be wearing a dog license.
Just_Six
Wed, Dec 22, 2010 : 4:52 p.m.
I agree with Peter. Not only are the owners caring people, they are also involved with rescue groups and I've been at the facility when a new batch of puppies has arrived for Margaret to tend. They have been, for a number of years now, good citizens in our corner of the city. I've never been disturbed by the dogs barking and I've never seen one loose.
Peter Svoboda
Wed, Dec 22, 2010 : 3:32 p.m.
Jon and Margaret are very caring people. They care about people and they care about dogs. I am certain that they and their staff will do their utmost to be a good neighbor. It would be nice if for once, some of the naysayers would give them a chance, instead of the continued griping.
Ryan J. Stanton
Wed, Dec 22, 2010 : 3:06 p.m.
The dog run hours, where dogs can play and go to the bathroom in an outside enclosed area with a 6-foot privacy fence, are from 10 a.m. to 5 p.m. Outside of these hours, dogs are still allowed to be brought outside on leash to go to the bathroom.
Just_Six
Wed, Dec 22, 2010 : 3:05 p.m.
@EyeheartA2: I'm having a hard time understanding why you think the dogs won't get a bathroom break from 5 PM to 8 AM. They won't be loose in the dog run, but right now Arbor Dog WALKS the dogs, in pairs, so I assume that they will use that strategy to give them a break before bedtime. People who use the boarding service should ask about that anyway--I always do, when I board my dogs. This firm has done a great job with doggy daycare; I think they deserve a chance to make the expansion work.
Buster W.
Wed, Dec 22, 2010 : 2:49 p.m.
That's going to require lots of p**per scoopers.
Top Cat
Wed, Dec 22, 2010 : 2:15 p.m.
I plan on filing a lawsuit under Title 9 demanding that equal space be dedicated to a cat run.
Just_Six
Wed, Dec 22, 2010 : 1:09 p.m.
OK, I have to chime in. 1) I live in the same neighborhood and YOU NEVER hear the dogs barking. You do, on the other hand, hear the beagle tied outside of the newer condos barking his fool head off. 2) In order to be in doggie daycare, dogs must be on their best behavior. I know this because my own dogs got kicked out for NOT behaving. Arbor Dog caters to well dispositioned dogs. 3) Dogs are walked on leash, several at time, for bathroom calls. They do not run free in a dog run. Even so, anyone who lives with dogs knows that they can make it through an entire night without a bathroom break. Mine do it all the time. Get real, people.
julieswhimsies
Wed, Dec 22, 2010 : 12:47 p.m.
Congratulations and best wishes for the owners of this small business!
Patti Smith
Wed, Dec 22, 2010 : 12:47 p.m.
Make that "rabid" in my last comment. But I'm sure he could shoot a rapid dog too;)
Patti Smith
Wed, Dec 22, 2010 : 12:46 p.m.
"What if they all escape and terrorize the neighborhood? How would you like it if your child was attacked by a pack of rabid dogs?" Dude, worst case scenario much? What if the pizza oven at Dominos explodes and catches fire? OTOH, if a rapid dog is wandering down the street, I fully expect commenter Atticus F. to go out and shoot it;)
Ryan J. Stanton
Wed, Dec 22, 2010 : 12:31 p.m.
Video by Arbor Dog Daycare: http://www.youtube.com/watch?v=mo2sOXu-IDo
Carolyn
Wed, Dec 22, 2010 : 11:53 a.m.
3 minutes of continuous barking and they are required by law to bring the dog inside? Wow! I have neighbors that leave their dogs barking for more than 30 minutes. Can I get some kind of amendment for my sanity?
Patti Smith
Wed, Dec 22, 2010 : 11:51 a.m.
Phew! Someone found a way to mention teachers' unions in a negative light on this thread. Now somehow tie this to abortion and Palestine and I can finish my aa.com commenter bingo card.
LBH
Wed, Dec 22, 2010 : 11:18 a.m.
Congratulations Jon and Margaret. I'm so glad that your patience has paid off and I wish you success and lots of business!
loves_fall
Wed, Dec 22, 2010 : 11:02 a.m.
Wow. A bunch of domestic dogs are going to suddenly just throw their genetic predispositions to the wind, spontaneously contract rabies, jailbreak each other from their various locations of containment, bust out the door and bite your child? Someone's been watching too much sci-fi. They're dogs. The vast majority them, and probably all of them with temperaments acceptable for doggie day care, just want to wrestle with each other and chew on stuff.
sun runner
Wed, Dec 22, 2010 : 10:53 a.m.
"What if they all escape and terrorize the neighborhood? How would you like it if your child was attacked by a pack of rabid dogs?" Um...are you serious? The likelihood of a mass escape is negligible, and I suspect the business would require dog owners to show proof of rabies vaccination before the dog is accepted. "Pack of rabid dogs"? Really? These are people's cherished and pampered pets, not unsocialized stray dogs. If you really want to see those, head into the more desolate areas of Detroit.
Marshall Applewhite
Wed, Dec 22, 2010 : 10:37 a.m.
This move makes me absolutely furious. 125 dogs? What if they all escape and terrorize the neighborhood? How would you like it if your child was attacked by a pack of rabid dogs? This is just awful. I cannot fathom how the planning commission came to this decision. Horrendous.
BenWoodruff
Wed, Dec 22, 2010 : 10:27 a.m.
While I would object to a dog care center in or near a neighborhood, this appears to be in a commercial area...No reason not to approve it... http://maps.google.com/maps?hl=en&tab=wl
breadman
Wed, Dec 22, 2010 : 10:10 a.m.
Allll Right!!! Its about time, you would never know there is a doggie day care back there... My next thing would be move out of the City to a township with the doggie day care. They are awesome keepers for your pet. My doggie goes there one day a week.
AA
Wed, Dec 22, 2010 : 10:02 a.m.
I don't get it. This passes then you put your jack boot down on other small businesses... level out the playing field.
John Q
Wed, Dec 22, 2010 : 9:09 a.m.
I love the trolls who act as if the Ann Arbor Planning Commission acted any differently than planning commissions throughout SE Michigan would have handled this matter. The owners wanted something that was beyond the normal standards of the ordinances. When you want an exception, you should have to jump through hoops to show that you've met the exception.
aanative
Wed, Dec 22, 2010 : 8:50 a.m.
Good for them. And as a residemt I am very glad to have a Planning Commission thoughtfully review expansions like this, instead of rubber-stamping every scheme that someone wants to pursue. Consideration of neighbors is a good, tho vanishing thing. BTW what are you running for Let's Get Real?
Jaime
Wed, Dec 22, 2010 : 8:48 a.m.
I love dogs but I am not sure if this is an appropriate location for that many. Only time will tell if this affects the comfort of those who live nearby. The problem is that once it is done, it can't be undone.
cantleaveAA
Wed, Dec 22, 2010 : 8:30 a.m.
It's clear that none of you posting about this decision are neighbors to this business. Living next door I can honestly say that increasing the amount of dogs by FIVE TIMES is going to be ridiculous.
Lets Get Real
Wed, Dec 22, 2010 : 7 a.m.
Yeah! It's about time. This couple has been more than patient while the commission justified its existence and purpose. Many prospective business owners would just move out of the jurisdiction (bet Pittsfield would have loved having them)rather than put up with the big hand of government insists is protecting its citizens. They had to get one more requirement in there to show they are in charge before they approved the expansion. Oh forbid that a small business would be successful in Ann Arbor, MI and want to expand. Five fold indeed. We should be celebrating this as a model of success, not punishing them with delays. They had an idea, they developed a good concept, they have a service that people want to buy, they worked hard. Did the cash-strapped city even remotely consider the benefits of revenue from taxes a growing business generates when it expands by five fold? I know, it is not a sexy, high profile tech company. It is JUST a traditional, family owned small business providing a service to people who need what they sell. Please don't point to THAT as a model in our high brow town. Anybody stop to think that those young singles or newly married childless couples, highly educated, techy types typically have animals that need boarded while they work at those high paying jobs? Gosh, this business might actually be an argument in favor of having services here that contribute TO the 'quality of life' that attracts people to locate here. Let's Get Real - this commission is about power and control. They need to justify their existence and feel they are doing good. Well finally, with restriction, they've ALLOWED this business to not just survive, but florish and thrive.
A2rez
Wed, Dec 22, 2010 : 6:46 a.m.
There is demand in this town for more doggie daycare, and at least one large corporate chain has taken notice. I'm glad a locally-owned business will be able to meet that need instead. Arbor Dog Daycare has a great reputation.
dading dont delete me bro
Wed, Dec 22, 2010 : 6:40 a.m.
woof woof aka woot! woot!
Olive
Wed, Dec 22, 2010 : 6:25 a.m.
Great outcome! Good luck to the Svobodas!
KathrynHahn
Wed, Dec 22, 2010 : 6:19 a.m.
Score 1 for the small business owner! Glad to hear they allowed the expansion. Best of luck to you at Arbor Dog Daycare! May your business thrive!