Arbor Dog Daycare gets second chance to convince Planning Commission to approve expansion
Arbor Dog Daycare will get a second chance to convince the Ann Arbor Planning Commission to allow its business to expand after being denied permission last month.
Owners Jon and Margaret Svoboda showed up at Tuesday night's Planning Commission meeting and pleaded with commissioners to reconsider their proposal to allow up to 125 dogs onsite — five times the number of canine clients currently allowed.
The nine-member Planning Commission last month voted 5-4 in favor of the daycare's request for a special use permit to expand into warehouse space adjacent to the existing daycare at 2856 S. Main St. But that fell short of the six votes needed for approval.
Arbor Dog Daycare co-owner Jon Svoboda makes a plea before the Ann Arbor Planning Commission Tuesday night. The commission agreed to reconsider the daycare's request to expand.
Ryan J. Stanton | AnnArbor.com
"I'm really putting myself at your mercy," Jon Svoboda told commissioners at the start of Tuesday's meeting, asking for another chance.
After some discussion, the commission voted 8-0 in favor of reconsidering the daycare's request. It will be on the agenda at the commission's Oct. 19 meeting.
Commissioner Diane Giannola made the motion to reconsider, which was seconded by Jean Carlberg. Both voted against the daycare's proposal last month, along with Kirk Westphal and Bonnie Bona.
All four commissioners shared concerns last month that barking dogs outside the daycare already were a public nuisance. The daycare owners will have to convince one of the four to change his or her vote, and it's uncertain yet whether that's going to happen.
Commissioners specifically have concerns about noise coming from an existing "dog run" area located outside the daycare, where dogs are allowed to play and go to the bathroom.
Jon Svoboda said Tuesday night the daycare is willing to reduce the number of dogs allowed in the outside area at any given time from 25 to 20, which he believes will decrease noise levels enough that there will no longer be a concern.
Margaret Svoboda encouraged planning commissioners to watch a video she produced, which shows a five-minute continuous feed with 20 dogs outside in the dog run.
"I've made a video going from inside the daycare to outside the daycare, around the parking lot, to all the different apartment complexes and the condos in the area, just to show the noise level and how you can't hear any of the dogs," she said.
The Svobodas reminded commissioners in a letter before Tuesday's meeting that the fate of the daycare's request lies solely in their hands, as the final decision on special use permits is made by the Planning Commission and does not move forward to the City Council.
The Svobodas are asking for a special use permit to increase the floor area from 3,200 square feet to 8,800 square feet, add five parking spaces, extend the hours of operation, and allow 125 dogs onsite. Since last month's vote denying that request, the Planning Commission has received several letters from members of the public decrying the decision.
Carlberg said she's willing to give the daycare owners a second chance to make their case, but she still thinks adding 100 more dogs that inevitably will use the outdoor area will only add to the existing noise problem. Carlberg said she visited the site recently and sympathizes with residents of the neighboring Balmoral Park Condos who have raised concerns about noise.
"I was there for an hour and a half, and I unfortunately have to report hearing continuous barking," she said. "I have dogs living in throughout my neighborhood so I'm accustomed to occasional barking, but this was almost continuous barking for over an hour. And I was parked on the Balmoral condo property, so I was across the street and practically at their windows."
Carlberg said she could hear barking both at the front edge of the property and when she drove to the rear edge of the property, which she said raises a great concern.
"If you rotate 125 dogs in the period from 10 o'clock to 5 o'clock, you have the potential for having a great deal of what I would consider disturbing noise," she said. "It wasn't 'background noise,' despite what their noise study seems to be showing. I would challenge anybody to be listening to that barking for a long period of time and not be disturbed by it."
Carlberg said she has no problem with increasing the number of dogs inside the daycare, but unless the noise outside is better controlled, she can't see approving the proposal.
"I think that is something they have to address or we are doing a tremendous disservice to a residential neighborhood who has no choice," she said. "They don't have a choice to get up and move. I think the dog daycare people have a choice to keep the dogs inside."
Jon Svoboda said the daycare has tried hard to address all noise concerns.
"We did meet with all of the surrounding complex management and several people that had concerns over the last several months, and I guess I erroneously assumed that with having met with all of their management and having their buy-in that we would be OK," he said. "We did make sure with regard to the concerns that we would not increase the outdoor usage. We would maintain it with the same number of dogs that we have now."
Planning commissioners directed city staff Tuesday night to notify all surrounding property owners that the daycare's proposal will be coming back for reconsideration.
Ryan J. Stanton covers government and politics for AnnArbor.com. Reach him at ryanstanton@annarbor.com or 734-623-2529.
Comments
Ron Granger
Thu, Oct 21, 2010 : 1:16 p.m.
@Dan: "c) From reading this, it would appear that no actual resident has come forward complaining. It is almost as if the committee in charge of making this choice did not make a conclusion based on enough information. It is my hope that this small business will prevail in light of all the flack that it is getting from uneducated, misinformed, naysayers." - Dan, you seem to be attacking the messengers. Is it any surprise that nobody wants to personally identify and present themselves for further abuse? A 5X expansion of a business means 5X more money is at stake. Peter Svoboda says the dogs cannot be heard. That wasn't Jean Carlberg's experience when she visited the condos. Is someone claiming she is motivated to lie? The notion that a video camera's microphone is some measure of noise is absurd. That video is useless, for reasons that aren't worth going into. The problem with allowing one business to expand, and increase noise, is that it sets a precedent for other businesses. And once a business is allowed to expand, any burden of challenging noise falls on the residents. To suggest this isn't about profits.. That is specious. Is it a registered non-profit operation? Of course, even if it was a non-profit, that wouldn't abrogate the responsibilities to neighbors. A dog kennel next to condos? What were they thinking? And to expand 5X? -- Jean Carlberg: "I was there for an hour and a half, and I unfortunately have to report hearing continuous barking," she said. "I have dogs living in throughout my neighborhood so I'm accustomed to occasional barking, but this was almost continuous barking for over an hour. And I was parked on the Balmoral condo property, so I was across the street and practically at their windows." Carlberg said she could hear barking both at the front edge of the property and when she drove to the rear edge of the property, which she said raises a great concern. "If you rotate 125 dogs in the period from 10 o'clock to 5 o'clock, you have the potential for having a great deal of what I would consider disturbing noise," she said. "It wasn't 'background noise,' despite what their noise study seems to be showing. I would challenge anybody to be listening to that barking for a long period of time and not be disturbed by it." Carlberg said she has no problem with increasing the number of dogs inside the daycare, but unless the noise outside is better controlled, she can't see approving the proposal. "I think that is something they have to address or we are doing a ****tremendous disservice to a residential neighborhood who has no choice****," she said. "They don't have a choice to get up and move. I think the dog daycare people have a choice to keep the dogs inside." ---
JRS
Thu, Oct 14, 2010 : 7:21 p.m.
The 10 minute video of the Outdoor Dog Run can be seen on youtube with the following URL: http://www.youtube.com/watch?v=mo2sOXu-IDo
Dan
Thu, Oct 14, 2010 : 6:58 p.m.
Peter has made extremely valid points. It is quite incredible how not a single negative commenter appears to live in the surrounding area. They seem misinformed and are weighing in on a specific instance knowing only minor details. It is unbelievable that people are trolling this post. Those of you who are using inflammatory remarks without any backing should be ashamed. My best judgement tells me (from the little that I can conclude): a) If its the same amount of dogs outside and the inside is soundproofed, then there really is no good noise related argument for preventing the expansion. b) It would appear that there is already an industrial din in this area that would most likely contribute a more consistent amount of noise pollution than a few barking dogs. c) From reading this, it would appear that no actual resident has come forward complaining. It is almost as if the committee in charge of making this choice did not make a conclusion based on enough information. It is my hope that this small business will prevail in light of all the flack that it is getting from uneducated, misinformed, naysayers. Mr. Svoboda, I concur that it would be beneficial to post the video on youtube and provide a link.
Peter Svoboda
Tue, Oct 12, 2010 : 1:14 p.m.
I am Jons father. I can tell you one of the main drivers, and most likely the main driver of opening this business, was not money, but Jon and Margarets love and caring for dogs. This is evidenced throughout his life. Jon became involved with supporting the Huron Valley Humane Society over 15 years ago. He is also the president of the board of the Buster Foundation, a local dog rescue based out of Belleville. He and Margaret have personally rescued and fostered numerous dogs in their home, including their current foster dog that was relinquished into their custody from a scheduled euthanasia. These are the actions of compassionate people, not greed driven corporations. With regard to Arbor Dog Daycare, I should also like to note that it was voted the best dog daycare / boarding favorite in 2008 and 2009 by the Michigan Tail's Readers Choice Awards. As I look over the comments, the one thing I notice is that for the most part, the votes in favor are trying to make logical arguments, and the comments against are pretty emotional and based on trying to engage fears about something that MIGHT happen. To mkw who lives in the country, Mr. Granger, who wants to be able to sit on his patio and hear the birds, and AA, are you aware that Arbor Dog Daycare is sound proofed? Do you realize that, if you stand outside the daycare you would not be able to hear any dog barking. I have been to the Ann Arbor Dog Daycare many times, and on each occasion have not noticed any disturbing noise. Furthermore, are you also aware of the fact in terms of the outside dog exercise area, that my son has a policy that if any dog is barking outside, they are to be brought in immediately, and the incident is to be reported to the owners for further possible preventable action. Are you also aware that the number of dogs in the outside play area is NOT INCREASING. I have seen the 10 minute video tape that Margaret, my daughter in law made, where she walked to each of the housing units and then ended up at the outside dog run area, where there were many dogs outside at that time, and this is pretty solid evidence, that the sound issue has been addressed. Does this mean that that there wont be an occasional incident of a barking dog. Probably not, we dont live in a perfect world. But my son and daughter in law have bent over backwards to address this issue, and I think he and Margaret have taken all steps to reduce any possible problem. I should also mention that I live in a rather rural area myself, and my neighbor and I both have dogs, and they occasionally bark,and when I notice that, I bring my dog in. Just the way they do. I should note here that when my son had the sound study done, they found that there was considerable barking coming not from the daycare, but from neighbors who had dogs in the area. Does this mean that these neighbors should get rid of their dogs? In all fairness, if the planning commission votes against the expansion, than the logic should follow that no new neighbors, or current neighbors, can have a dog because that would be the only way to fully solve the problem. There have also been some unsound and unfounded comments by AA, MKW, and Mr. Granger, who seem to be flailing about, and making some comments casting aspersions on my son and daughter.in law. Mr. Granger, referring to MKWs arithmetic, which does not take in any of the considerable costs, writes in his latest That is serious money, and this expansion is about profit. That is plenty of money to influence an Ann Arbor election. Ann Arbor Dog Daycare is a small business. It is not a megalith, it is not Wal-Mart, or some major factory. It is trying to survive, operate, care for dogs, be a good neighbor, and make a little profit. Once you take into account rent, insurance, considerable payroll, unemployment insurance, disability insurance, soundproofing, and all the other expenses, the profit margin is much smaller than you think. You seem to now suggest that money is being used for bribery, or will be offered in the future. There seems to be no end to your incessant negative, mixed, and convoluted rants, which appeal to fear and other negative emotions. Next, perhaps you will be suggesting that it is a major corporate or communist plot. In closing, I would like to once again state the following facts. First, Arbor Dog Daycare is pretty well soundproofed, any further expansion would be done with similar sound proofing. If you stand outside the Daycare, right outside its door, it will be hard for anyone to hear any disturbing noise. Second the number of dogs who will be allowed outside at any one given time is NOT CHANGING -NOT CHANGING -NOT CHANGING. If the number of outside dogs in the play area is not increased from what it is now, the sound will not increase. Three, a policy is in place to bring in any dog immediately which is barking that might create a distressing noise that could affect any neighbors. Fourth, the videotape made by my daughter in law pretty clearly demonstrates that from any of the apartment complexes, you can not hear disturbing noises coming from the daycare. The world isnt perfect. I am sure there will be an occasional incident. But with the soundproofing and NO INCREASE in the number of dogs outside, there is no rational argument for voting no for the requested change. My son and daughter in law are doing everything possible to be good neighbor. They are a good neighbor. I am hoping that logic will win out over fear. If it does not, it will be a travesty.
Amy
Fri, Oct 8, 2010 : 7:11 p.m.
I would have to say that in these economic times we should be applauding any business who is able to expand their business and thus bringing revenue and jobs to the community rather than to do whatever we can to force them to leave the area in order to expand. I would sincerely hope that the planning commission allows this business to move forward with the expansion.
LBH
Fri, Oct 8, 2010 : 6:01 p.m.
@Ron Granger Arbor Dog is not in the middle of the city.
Ron Granger
Fri, Oct 8, 2010 : 2:41 p.m.
That is serious money, and this expansion is about profit. That is plenty of money to influence an Ann Arbor election... It really does not matter whether this noise is from dogs barking, or an industrial stamping facility producing car parts. A noisy business is a noisy business. It does not belong around residents in the middle of the city. Heather, growth in business profit at the expense of the community, and residents' quality of life, is not a step forward for anyone but those cashing the checks. If there is so much demand for dog kennels, then the market can respond by opening new kennels in more appropriate locations. What's the point of a green belt if you compromise the quality of life for residents?
Heather
Fri, Oct 8, 2010 : 11:15 a.m.
I think it is great that this business is trying to grow. Of course any business has the goal of making money, but anyone who thinks they can simply figure out the amount of money a business will make, is silly (and the math doesn't add up). By multipling the business by 5 fold, they will also be increasing employees, the rent, insurance, supplies, and so on. Good for them for making a business plan to grow and expand in this economy!
mkw
Thu, Oct 7, 2010 : 3:02 p.m.
Let's see...now they are bringing in about $3500. a week (figuring 25 dogs at $25 a day times 5.5 days a week). With 5 times as many dogs they could bring in just over $17000.00 a week. Their stakes are pretty high aren't they for winning this one. $68000.00 a month in revenue ain't chicken scratch. Could 125 dogs be adequately cared for even in the enlarged facility? This looks pretty much like a big money maker is the driving force behind this business.
alex
Thu, Apr 26, 2012 : 11:24 p.m.
they would more than likely have to hire at least a few new team members... without doing that i wouldn't necessarily care for this upgrade. If they do hire the appropriate amount of staff then I definitely encourage this!
Ron Granger
Thu, Oct 7, 2010 : 2:55 p.m.
This is a for-profit business that is trying to increase their profits by expanding... Apparently at the expense of nearby residents. Residents should be able to enjoy their patios, or have their windows open, without being subjected to frequent or continuous barking. Another commenter suggested people are at work during those hours. Not everyone works the same schedule. I usually work from home, and one of the great things about it is working from my deck. I want to hear birds, not dogs barking.
other
Thu, Oct 7, 2010 : 10:49 a.m.
Cendra Lynn: and while we're on the noise, how about the UofM soccer field just up the street? I was at the mall near there, and there was a lot of noise (AND bright lights) -and this was in the evening. Aren't their houses and apartments right next door? LET THE DOGGIE DAY CARE proceed!
Ron Dankert
Thu, Oct 7, 2010 : 9:54 a.m.
It would be awful to have more barking dogs in a location that could be another really neat marijuana store in Ann Arbor.... --Ron Dankert
James D'Amour
Thu, Oct 7, 2010 : 7:34 a.m.
@Ryan (or to the Svobodas). When did Arbor Dog Daycare move to current location? I believe it was in 2006 (after Balmoral condos were built), but could you verify?
Cendra Lynn
Thu, Oct 7, 2010 : 12:19 a.m.
I would like to take Carlberg up on this: I would challenge anybody to be listening to that barking for a long period of time and not be disturbed by it." I will come listen to whatever I hear for a long period of time (should I bring a novel?). Then I will have her come listen to the switch engine that unloads freight cars at Fingerle's about 3 nights per week, whistling at every road crossing, which seems to be 3 each way as it switches tracks. It goes on for hours and can be heard clearly a mile away. It doesn't bother me. Why? Because humans get used to ambient noise. Read your psych 101 on signal recognition. I can guarantee you that even if I do hear dogs bark during my long period of time, my brain will tune them out in about 20 minutes. So would have yhers if she hadn't been constantly reminding it that that was a bad, bad sound. Hang in there, Svobodas! Dogged patience (yes, that was intentional) will wear them down. Think Chihuahua plus pit bull! :-)
treetowncartel
Wed, Oct 6, 2010 : 9:07 p.m.
125 dogs? That seems a little excessive.
AA
Wed, Oct 6, 2010 : 8:26 p.m.
More barking dogs (which is inevitable) is not 'Business Expansion' except for the daycare owners... they will profit at the expense of the residents to be unfortunatley within earshot of this facility 24/7, 365.
townie
Wed, Oct 6, 2010 : 6:14 p.m.
Oh, and by the way, should this be appealed to the ZBA: If someone is on both the planning commission and the zoning board of appeals, and they participated in the discussion and vote on this matter as a member of the planning commission, they cannot also participate in the discussion or vote on it as a member of the ZBA. In fact, they have to leave the room completely. (State law.) Know your rights!
townie
Wed, Oct 6, 2010 : 4:46 p.m.
The Svoboda's should know that the Planning Commission is not their only recourse. They can, if turned down again, take their case to the Zoning Board of Appeals. I don't know what the right decision should be, but the Planning Commission is not the end of the road.
djm12652
Wed, Oct 6, 2010 : 4:01 p.m.
Like I said before, the commission would rather eat cat poop than encourage business expansion in A2...god forbid that people get hired! The horror of it all...
LBH
Wed, Oct 6, 2010 : 3:15 p.m.
So, let's get this straight. The planning commission has agreed let the owners present their case again, but they are planning to hold their business expansion hostage because Jean Carlberg feels that the barking with their current business plan is a problem, even though the Svoboda's have agreed to reduce the number of dogs in the yard at any given time? Sorry to say Jon and Margaret, you are probably wasting your breath. The commissioners will feel better for having let you beg at the table one more time though. Then they'll deny your request again.
Larry Works
Wed, Oct 6, 2010 : 2:41 p.m.
If Mr. Svoboda would upload and post a link to his video that might be helpful in figuring out the impact of expansion. At least, for those of us who don't live next door.
Jaime
Wed, Oct 6, 2010 : 2:37 p.m.
So whats next? 250,500? I love dogs but I wouldn't want to be anywhere near that many every day regardless if the time of day.
Mike
Wed, Oct 6, 2010 : 2:23 p.m.
Why is there so much concern about ambient noise between 10 am and 5pm? Isn't that when people are at work? The city is allowed to start constructions in my neighborhood starting at 8am, presumably because it's a reasonable assumption that I am either on my way to work or getting ready. I don't see how this is any different.
Old Salt
Wed, Oct 6, 2010 : 2:11 p.m.
If they get approval for more dogs I want approval to have more than four chickens in my back yard
cheshirecat
Wed, Oct 6, 2010 : 2:03 p.m.
I used to live in that area last year and you can't even tell there's a doggy daycare there...it's virtually unnoticeable. They should be allowed to expand.
mkw
Wed, Oct 6, 2010 : 1:59 p.m.
As an owner of 4 dogs and 2 cats I would have to say that they should not allow expansion of this day care in it's present location. I know how annoying barking dogs can be and constant daytime barking from 20 - 25 dogs would be very annoying. The dogs are expressing themselves naturally, but that does not mean that people should have to put up with it. Also, I would never board my dogs where there is no outside area to run in. I believe the owners need to make plans to move their operation to the country. I live in the country but still bring my dogs in when they get "going".
Josh Budde
Wed, Oct 6, 2010 : 1:58 p.m.
The planning commission should vote to allow this expansion. I say that not only as a repeat customer, but also as a former resident of that area. Prior to this year I lived right around the corner (in Signature Club Apartments) and would walk my dog by there on an almost daily basis. At no point did I hear a loud amount of noise-occasional barks might be heard from the outside play area, but those noises paled in comparison to the city buses that were passing by, unmufflered cars, and semi trucks parking in the same industrial park as Arbor Dog. Once again I will raise the point that the light industrial area existed long before the condo's were built next door, and the people that purchased the condos should have been well aware of the types of businesses that could be built or ran out of that space.
scooter dog
Wed, Oct 6, 2010 : 1:06 p.m.
The best thing the dog care place can do is LEAVE ann arbor and find a more owner friendly city/township. Ann Arbor can't repair its infrastructure,so how can it do something a simple as approve a dog center.