ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, April 11, 1996 TAG: 9604110023
SECTION: CURRENT PAGE: NRV-9 EDITION: NEW RIVER VALLEY
DATELINE: PULASKI
SOURCE: PAUL DELLINGER STAFF WRITER
The operators of Solid Rock Kennel contend their dog shelter should not have to meet zoning requirements as a business because it is a religious enterprise, saving many animals that would otherwise be killed.
The Draper kennel on Possum Hollow Road is part of the Emmanuel Independent Non-Denominational Christian Church, established last year by Terry Weaver, its pastor.
County Administrator Joe Morgan, who is also zoning administrator, notified Annette Jenkins in February that the kennel may be in violation of the county zoning ordinance. Jenkins is Weaver's fiancee, and owns the property on which both the church and kennel are located.
Morgan said kennels are allowed in agricultural districts, which is how the area is zoned, but a site plan review is needed.
He told the Pulaski County Planning Commission Tuesday night that Jenkins has responded to the letter. She contends that the kennel is a church operation rather than a business.
The zoning ordinance says no permit will be issued "for any business or industrial purpose" without a site plan, which also requires notification of adjacent property owners and the Planning Commission. Unless a property owner or commission member asks for a review, the zoning administrator can approve the site plan.
Morgan said he disagreed with Jenkins' definition of the kennel as a religious enterprise. She can appeal his decision to the Planning Commission or county Board of Zoning Appeals, he said. Otherwise, the matter probably will go to court.
Weaver has argued that none of the some 30 other kennels in Pulaski County has been asked for a site plan. He has said the singling out of this kennel may amount to religious discrimination.
The kennel became the focus of a controversy several months ago after complaints about conditions there. Weaver closed it temporarily under a self-imposed quarantine, after some of its dogs were diagnosed as having the parvo virus. He reopened it this month after making improvements and meeting existing county regulations for kennels, following an inspection by the Sheriff's Office.
The regulations are being reviewed by an animal welfare committee, formed by the county Board of Supervisors after the Draper kennel complaints came before the board. A draft of new kennel requirements will be reviewed by the board April 22, but some of the committee members felt its requirements might be too strict and raise costs for kennels too quickly.
Sheriff Ralph Dobbins, whose office would have to enforce it, said it is too complicated in its present form to be administered.
"This is ideal - maybe too idealistic," said Dr. David Stanley, a retired Dublin veterinarian serving on the committee.
The proposal would require kennel operators to buy individual dog licenses as well as a kennel fee.
Weaver's kennel has had more than 100 dogs. He has announced plans to build a kennel on the Draper property for as many as 800 dogs and 700 cats. The new kennel recommendations would require special permission for any kennel housing more than 50 dogs.
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