On Feb. 5, The Powhatan Planning Commission voted 3-2 in favor of a planned dog kennel near the intersection of Bell Road and Powhatan Lakes Road.

The issue before the Commission was whether or not to approve a conditional use permit to allow Howard McKoy of 4709 Bell Road to open a private kennel on his property.

The case had come up during the January meeting but had been deferred until Feb. 5 in order to assess the impact the facility would have on other residents of the neighborhood, which is currently zoned for community residential use.

McKoy is already keeping dogs at his home, but the permit, if approved, will allow for as many as eight animals to be housed on the premises.

Prior to the meeting, McKoy had agreed to a number of conditions put in place by the Planning Department, including keeping all dogs confined to his home or yard, keeping proof of rabies vaccination on the premises at all times, and placing a buffer of evergreen trees in front of an exposed area of the property.

While the majority of the commissioners seemed to accept those terms, District 1 Commissioner David Williams inquired as to just what would constitute a tree with regards to minimum size.

Planning Director Brandon Stidham advised Williams that they would most likely consider trees of at least six feet to be acceptable, and that language to that effect could be inserted into the CUP.

Three county residents approached the Commission during the public comment period, each speaking out against approval of the CUP.

Earl Hobson, who lives on Bell Road near the site of the proposed kennel, urged commissioners to consider not just the noise and odors that might disturb area residents, but also what a kennel would do to property values.

Hobson told the commission that he had 30 years worth of experience in real estate appraisal, and knew full well what this type of business would mean.

“If an appraiser does not consider a kennel next to a piece of property [to be a detriment], I don’t think much of his appraisal,” said Hobson.

Jackie Prince, who owns the home next door to McKoy, told the commission that she fears it will become increasing difficult to rent or sell the home with a kennel next door.

“I’m just torn here,” said District 3 Commissioner Richard Ayers, noting that he understood how deeply McKoy cared for his animals.

Williams also expressed that it was not an easy decision to make, though he stated that he found it difficult not to side with the property owners in the area.

“To have quiet use of your property should be sacrosanct,” he said. “You should be able to go to bed at night and not have to worry about making a complaint that dogs are barking.”

The Commission then voted on the matter, which passed by a vote of 3-2, with Williams and District 5 Commissioner Karin Carmack voting against recommending approval of the CUP.