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June 4, 2013

Controversial kennel case returns to Fauquier BZA

File Photo/Lawrence Emerson
Board of zoning appeals members Max Tufts, John Meadows and Harry Russell at Feb. 7 hearing with copies of the 400 e-mails on the kennel application their staff had received. About 100 more have since joined the file.
File Photo/Lawrence Emerson
Kennel owner Irina Barrett, here testifying before the BZA in February, has faced unfair criticism, borne of “misinformation,” her attorney says.
All of the zoning issues that have been raised are more than adequately addressed. The bottom line, we feel from a land-use perspective, we’re ready to go.
— Jack R. Wilson III, attorney for Irina Barrett
Public hearing
• Topic: Special permit for Canis Maximus Kennel's continued operation

• Agency: Fauquier County Board of Zoning Appeals

• When: 2 p.m. Thursday, June 6

• Where: Warren Green Building, 10 Hotel St., Warrenton

• Site: 4.9 acres, 6205 Beverleys Mill Road, near Broad Run

• Zoning: Agricultural and rural conservation

• History: Kennel has operated almost four years without a permit; after complaints, county zoning official and animal control officer visited in August; humane investigator visited Jan. 12 and found numerous problems. BZA conducted hearings in February and April, when applicant withdrew applicant. New application filed in April. Applicant proposes new, 2,000-foot kennel, with 14 indoor/outdoor runs and soundproofing.

• Issues: Zoning setback violations, management of dog waste, number of animals, noise and traffic/kennel entrance
By .(JavaScript must be enabled to view this email address)
Editor
The case of a controversial Broad Run dog-breeding kennel will return to Fauquier’s zoning board on Thursday, June 6.

The board of zoning appeals will conduct a 2 p.m. public hearing and consider a new special permit application from Irina Barrett, owner of Canis Maximus Kennel.

Mrs. Barrett withdrew her previous application after heated public hearings in February and April.

She has operated the kennel — specializing in Doberman Pinschers and Great Danes — at 6205 Beverleys Mill Road without a county business license or zoning permit for almost four years.

A damning January report from Fauquier County Humane Inspector Hilleary Bogley got wide distribution on the Internet before the first BZA hearing. County officials have received more than 500 letters and e-mails opposing the permit. Dozens of opponents testified at the BZA’s two hearings.

But, Mrs. Barrett has filed a new plan to address zoning violations that include setback intrusions, noise and waste management.

She proposes to build a new kennel, with 14 indoor/outdoor “runs” on about 2,000 square feet of the 4.9-acre property.

“All of the zoning issues that have been raised are more than adequately addressed,” her attorney, Jack R. Wilson III of Chesterfield, said in a telephone interview Tuesday. “The bottom line, we feel from a land-use perspective, we’re ready to go.”

Information in the public file indicates several speakers Thursday will focus on Beverly Mill Road traffic and the kennel’s access.

Mr. Wilson challenged that approach.

“Frankly, the traffic generation for this permit is miniscule,” he said. “We’re not talking about a McDonald’s.”

Mrs. Barrett seeks a permit to house 16 Dobermans, six Great Danes and four pet dogs — all adults. Puppies, younger than 6 months, don’t factor in the calculation.

The BZA can consider land-use regulations, potential impact on neighboring properties, traffic, environmental issues and traffic, among other issues.

The board can set conditions — including hours of operation, the number of dogs and facilities, such as ventilation and soundproofing — if it grants a permit.

If she gets the permit, Mrs. Barrett still would need site plan approval from the county to build the new kennel.

The county zoning administrator in April cited her for violations of the ordinance.

The kennel owner faces other challenges, including the storm of bad publicity.

An American Kennel Club field agent on April 17 found “very poor sanitary and/or health conditions” at Canis Maximus.

AKC’s director of compliance support shared the report and a summary in an April 22 letter to Sheriff Charlie Ray Fox Jr., whose department includes animal control officers.

The field agent reported “that water containers for dogs were empty. There was a protruding wire in the chain link kennels which needed to be repaired. The is a metal futon frame and debris in the kennels. The breeder needs ventilation in both the kennel building and puppy room as there was a slight urine odor in both places.”

Jack Norton closed his letter to Sheriff Fox with: “We trust that your agency will look in to conditions at this kennel.”

Animal control officers have visited several times this year.

Mrs. Barrett’s attorney declined to address the AKC report.

“There’s a lot of misinformation in this case,” Mr. Wilson said.
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Shenfayne · June 5, 2013 at 12:08 pm
I get tired of those who seem to care more for animals than they do for the unborn humans (for instance). (General statement I know, but it seems persons are so vocal about animals and not about unborn children.) I say, if the woman has met her requirements and promises to keep a limited no. of animals and other set requirements, let her have another chance, but only one. If she does not abide by the rules, no more chances.
dmac · June 5, 2013 at 9:38 am
Please don't allow this woman to have a kennel license. We are a residential area, not a commercial one. How do you control the noise of a bunch of dogs without putting a muzzle on them. Not only that, she has proven in the past she does not know how to take care of animals. What she did is reprehensible and cruel. No one like that should be allowed to run any kind of kennel.
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