Council spent hours deliberating whether or not to adjust the Land Use Bylaw for a kennel at Fort Mall.
The owner of K9 Doggy Daycare and Spa built a fenced enclosure for his dog kennel, something not currently allowed at the redevelopment site.
Although letters of support from surrounding businesses and the mall landlord, council was still concerned the dog's barking and smell would impact nearby residents and potential residents at the soon-to-be-built townhouse complex (just 35 metres from the enclosure).
Council said the project would be better suited in the light industrial area.
The businessman told council he invested upwards of $300,000 into his business and depending on the ruling, he may be forced to lay off his seven staff members and close down.
"I think there are mid-grounds that can be reached, he can still do the daycare, he can still take the dogs out, they could have somebody walking the dogs," explained mayor Gale Katchur. "I think there's opportunities that don't require him to close his business."
K9 Doggy Daycare originally received a business license and permit for a pet care facility, not a kennel. A misunderstanding happened somewhere along the line and the outdoor enclosure was landscaped and build with a chain-link fence. The city got involved and the case eventually went all the way to the Regional Development Appeal Board, the Supreme Court for municipal development issues. They ruled that in order for the dog run to be legal, it needed to be an enclosed addition, meaning walls and a roof.
At the end of a very lengthy discussion with a public hearing, council decided the outdoor enclosure would not be allowed as it stands. K9 Doggy Daycare and Spa would still be able to have a kennel inside the building. For the outdoor portion of his business model, he would need to enclose it and place sound-deadening materials in the walls and roof.