The Milo Foundation returned to the Zoning Adjustments Board on Thursday with a set of proposed use permit conditions for approval which included: a maximum number of four dogs overnight, no boarding or kennel use and changes in its driveway usage.
The board decided that since most of Milo’s immediate neighbors on Solano and Capistrano avenues hadn’t had a chance to review these last-minute conditions, the matter would be continued until the next ZAB meeting on Oct. 25.
At a Sept. 14 ZAB meeting, board members had reached a consensus that the adoption service might be deemed acceptable with limits on the number of dogs, soundproofing, and installation of a sanitary sewer connection and had asked Milo to come back with a plan that reflected this.
City Staff later came across a section of the Berkeley Municipal Code that states that no more than four dogs over the age of six months may be kept within 25 feet of residential property.
As a result, Milo had to limit the maximum number of overnight dogs to 4 in its current proposal.
Solano Avenue residents—who want ZAB to shut the adoption service down because of noise, odor, hygiene and traffic problems—accused Milo of putting on a “cute face” in front of the public while being unmindful of the problems of its neighbors.
“You know they [Milo] are wrong, and yet you go on ignoring them. You are like the Bush administration,” Melissa Penn, a Milo neighbor, told the board members.
Dorothy Alridge, a volunteer at Milo, spoke in defense of the adoption service.
“The place may be chaotic at times, but it’s definitely not out of control,” she said. “If neighbors have indeed been having problems with Milo’s operations then why haven’t we received any complaints on the private number that had been handed out after the September 14 ZAB meeting. All we get are crank calls on it.”
Milo’s director Lynn Tingle outlined the changes the adoption service was ready to implement in order to get the use permit.
She said that a maximum of four dogs and 12 puppies (under 6 months of age) would be allowed to stay at the Milo Pet Adoption Store overnight for the purpose of adoption for up to of 14 days.
A maximum of seven adult cats and 25 kittens would be kept overnight at the store. The store would also keep a daily log of animals who were overnighting, which would be available for inspection.
Board member Gene Poschman asked Tingle how she had arrived at the duration of 14 days, to which Tingle said that it had been random.
The adoption service also agreed not to board privately owned animals for compensation or to “intake” new animals.
“We will only accept delivery of animals that have been registered, observed for an appropriate period and assessed for adoptibility at an appropriate off-site facility. We may accept direct ‘owner surrenders’ from the local area, but will be transferring the animal to an off-site location for observation within 24 hours,” Tingle said.
According to the new conditions, the adoption store driveway would not be used to contain any dogs until it was improved to provide appropriate physical separation and drainage to the sanitary sewer. Then no more than three dogs would be allowed simultaneously and would be supervised. The driveway would be washed with an “environmentally friendly” cleanser and the outdoor area would be “power washed” at least three times per week.
Referring to the use of water spray bottles on dogs as noise control measures for continued barking, board member Rick Judd asked Milo to come up with a better alternative.
Board member Jesse Anthony urged neighbors to read the new conditions put forward by Milo on Thursday for the Oct. 25 public hearing.
An appeal of East Bay Iceland’s temporary administrative use permit to install a temporary outdoor refrigeration system on the southern side of its property at 2727 Milvia St. for the existing ice skating rink was continued to the Oct. 26 hearing.
City staff have received numerous noise complaints from neighbors about the temporary outdoor refrigeration system.
The board granted the use permit but denied a variance to demolish an existing single-family dwelling with a non-confirming front setback and construct a new dwelling with front yard on 1628 Carleton St.
The board approved the use permit for 1645 Fourth St. and 725 Virginia St. to legalize changes in a non-conforming use.
A use permit and variance to demolish three existing one-story mini-storage buildings totaling 28,070 square feet on 1120 Second St. and replacing them with a new four-story 95,771-square-foot mini-storage building was also approved.