The nightmare next door

[gaffa]

My brother has put every last dime into renovating a pair of duplex homes in Kansas City, Missouri. He has made them into really nice rental units. This is not the usual flipper behavior of slapping on some paint, but gut rehabbing the kitchen and bathroom, completely re-wiring the buildings, new plumbing, heating and air conditioning, washer and dryer upstairs, heated tile floor...the works.

For years, we had a commercial property next door that manufactured medical valves. Light manufacturing, and never heard a peep out of them. Great neighbors.

They moved out to the burbs, and the building sat empty for two years. And a nightmare in moving in. A dog kennel.

The parking lot is between my brother's building and their building. And they have erected fences for dog runs. They are putting the dumpster, which will presumably be full of dog shit, right by my brother's unit's driveway!

I have called the city, and they confirmed that there were no building permits issued. They are doing this on the cheap, to judge from the amateurish quality of the work. They cut a poop trench in the parking lot, intending to wash the dog shit and pee into the storm drains!

Just this evening, they put up very bright lights, shining right into the bedroom windows of the unit!

What to do? How can we stop this nightmare, that will destroy my brother's apartment rentals value?

[Johnny Bravo]

First thing to do is look into zoning for the area. In some states, kennels have to be zoned for agriculture. If the kennel needs to get a zoning variance, you can fight them on it at the county level.

I guess you could also look into laws about disposal of feces within a certain distance from a residential area?

[gaffa]

Originally Posted by Johnny Bravo

First thing to do is look into zoning for the area. In some states, kennels have to be zoned for agriculture. If the kennel needs to get a zoning variance, you can fight them on it at the county level.

It's zoned M1, or "Light Industrial"

I guess you could also look into laws about disposal of feces within a certain distance from a residential area?

That is the issue the City officials seemed to get excited about, washing dog shit into the storm drain system, which goes untreated into the Missouri River.

[Johnny Bravo]

I can't find what type of zoning a kennel needs in Kansas city, but I did find this.

88-315 ANIMAL SERVICE
88-315-01 STANDARDS
The use standards of this section apply to animal service uses:
88-315-01-A. All animal shelter or boarding must be within a completely enclosed
soundproofed and air-conditioned building.
88-315-01-B. In District R-80, shelter and boarding kennels shall be located not less than
200 feet from any property line.
88-315-01-C. Domestic animals may be exercised in a designated and fenced area outside
the building with an attendant present.
88-315-01-D. All outdoor runs or exercise areas must be hard surfaced or grass.
88-315-01-E. A landscaping, screening, and fencing plan to shield the use from adjoining
properties and/or public right-of-way must be submitted for approval.
88-315-02 NOISE LIMITS
There may be no noise disturbance across property lines into any residential district exceeding 60
dB(A) between the hours of 7 a.m. and 10 p.m. and 55 dB(A) between the hours of 10 p.m. and 7
a.m.

[gaffa]

I've looked up the zoning. It says kennels are permitted:

Kennels provided that all buildings and pens shall be located not less than 200 feet from any residentially zoned district.

My brother's buildings are zoned R2.5.

[Johnny Bravo]

So are the pens located 200 feet away from your brother's property line?

[gaffa]

OK, so they are much closer than 200 feet from my brother's property line. Closer to 2 feet. They obviously have not submitted the fence plans for approval, given that they haven't even applied for a building permit in the first place.

[gaffa]

Originally Posted by Johnny Bravo

So are the pens located 200 feet away from your brother's property line?

In this picture, the raised bit of concrete is my brother's property line. That's his driveway.

[Johnny Bravo]

I also found this. It's the application for the kennel permit.

#11 says that they have to provide documentation that all zoning laws with be conformed to. Maybe a trip down to the animal control office is in order.

[Twoflower]

Kansas City code enforcement

[Rachellelogram]

Oh man, that company is so effed in the a. Post back with the results! It sounds like what they're doing is a code violation (several, actually), which (given that they haven't moved in yet) means you could get them shut down before this becomes more than an eyesore. Let's hope!

[Ludovic]

Originally Posted by gaffa

The parking lot is between my brother's building and their building.

You mean the barking lot, amirite?

[gaffa]

Originally Posted by Rachellelogram

Oh man, that company is so effed in the a. Post back with the results!

They are currently 4 blocks away. I have no idea why they didn't look at any locations that would allow them to be in compliance with codes and wouldn't be a gigantic pain in the ass to a residential neighborhood.

It sounds like what they're doing is a code violation (several, actually), which (given that they haven't moved in yet) means you could get them shut down before this becomes more than an eyesore. Let's hope!

The eyesore is less of a problem than being an ear and nose sore as well.

[Cat Whisperer]

Yup, code enforcement is the way to go for your brother. It sounds like it could be a good thing that they aren't bothering with anything so mundane and boring as getting approvals for the business they're planning - that way, the bylaw enforcement people should be able to shut them down.

[JohnT]

Your brother may wish to get his neighbors involved as well, given that this affects them too. Also, some animal rights group or other may be interested in dogs "playing" on asphalt for profit and may wish to shut them down on general principles. Same thing with TV reporters, though it helps to get some dogs for the cameras so you will want to wait to call the press.

[Kimmy_Gibbler]

Originally Posted by gaffa

What to do? How can we stop this nightmare, that will destroy my brother's apartment rentals value?

In addition to getting the city to send out an inspector to determine if the site is up to code, your brother might also want to see about instituting (or threatening to institute) a suit for private nuisance. Broadly, nuisance law determines whether a neighbor is interfering with one's enjoyment of one's own property, and further, the neighbors offending behavior is unreasonable. It is generally employed by those living adjacent to shooting ranges, concrete blasters, and animal husbandry businesses.

[gaffa]

I went out and shot what the light they hung yesterday looks like.

Here is a view of the light from my back yard three doors down.

The light through the 12' high chain link fences.

Here is the side of my brother's house.

Here is the back of the house.

Here is the light on the wall in the back bedroom.

[An Arky]

Your brother needs a row of Leyland Cypress, stat.

[kayaker]

I have friends who live about a quarter mile from a boarding kennel and the noise is bad. Get a lawyer!!

[FairyChatMom]

Sounds to me like the place to start is zoning. That's what I'd do.

[Lightnin']

Zoning issues aside, ain't no way in hell I'd board my dogs in a place like that. Chase the bastards off.

[Left Hand of Dorkness]

I'm having trouble thinking of a motive for these kennel owners beyond massive stupidity and ignorance (both, not an either-or proposition). We don't owe a lot to the ignorant fools we live among, but we do owe them a bit, and consequently I think you and/or your brother need to get moving on this right away, like, today, before these idiots waste any more of their money building a business that they'll obviously have to tear down.

[Quercus]

Originally Posted by gaffa

That is the issue the City officials seemed to get excited about, washing dog shit into the storm drain system, which goes untreated into the Missouri River.

Yup. That's not good, and since the City owns the storm drain, they're liable for the pollution, too. The state environmental agency might also be interested if the City doesn't seem to be doing anything about it.

[ZenBeam]

Do you know it's a dog kennel, and not a dog breeding operation, or something else? Could there be different laws they're breaking, depending on which it is?

[gaffa]

Originally Posted by ZenBeam

Do you know it's a dog kennel, and not a dog breeding operation, or something else? Could there be different laws they're breaking, depending on which it is?

It's an existing business, currently located 4 blocks away that has outgrown their old location. They have a sign on the building, and even bought a billboard announcing the move.

[DiosaBellissima]

Originally Posted by Lightnin'

Zoning issues aside, ain't no way in hell I'd board my dogs in a place like that. Chase the bastards off.

This, as a dog lover, is what my biggest concern is. Certainly though, if I were living next door, I'd probably be even more angry about the whole set up.

Anyway, have you considered writing up a Yelp review of this place-- along with your photos of their new set up and the fact that there have been no permits-- to warn dog owners of the type of place this facility is. If they are cutting corners LEGALLY, who knows what corners they are cutting within the facility with the dogs.

Hell, if you don't want to do it, you can PM me their name and I'd be happy to do a write up (I'm a verified, blah blah bah fancy Yelp reviewer).

[gaffa]

OK, a city inspector visited the site and issued a "stop work" order, and all the construction workers left the site.

Apparently a bunch of fencing to hold a large number of dogs is not a "kennel". I don't know how that is true, but they are claiming that a kennel is solely a place where a dog sleeps.

[gaffa]

OK, so the code says:

Kennels provided that all buildings and pens shall be located not less than 200 feet from any residentially zoned district.

Even if those dog runs are not "kennels", they damn sure are pens.

[purplehorseshoe]

Well that sounds positive for you ... and negative for them. <MarthaStewart voice> "It's a good thing." </MS v>

[gaffa]

Update:

Worked stopped, but the owner of the nightmare is continuing to pursue finishing it. He put a huge vinyl sign on the fence, as if it were going to block the smell and the noise.

I spoke to him today, and he kept repeating that he had "spoken to his attorney" and that everything was legally OK (in spite of being in blatant violation of zoning). He claimed that the pens were not "pens" but "animal containment areas". The deal I offered him was not shutting his current location down in return for him stopping all work at this one.

I've tried to avoid mentioning a location, but I find I need to. The business is Pooch's Paradise. The current location at 218 W 74th St in Kansas City, MO is also zoned M1 and the dog pens they are operating at that address are also less than 200 feet from a residential zoned area. Here is where they are planning to move to.

[billfish678]

Sounds like a rules lawyering loophole kind of jackass. Stick it to the inconsiderate bastard if he won't reconsider. Good luck!

[Merneith]

You should probably talk to a lawyer of your own and stop talking to the other business owner. Don't offer him deals of any kind. He's welcome to try and explain to the City or a Judge why his "animal containment area" is not a "pen" and why draping his business in vinyl sheets is a proper construction technique.

He's clearly in the wrong; anything you say to him might just give him ammunition for claiming you're harassing him.

[billfish678]

Good advice there IMO. But still stick it to them legally

[gaffa]

Originally Posted by Merneith

You should probably talk to a lawyer of your own and stop talking to the other business owner.

It was just one of those situations where I was walking past when he was driving up, and I asked "Does that look like two hundred feet?" Luckily neither of us was recording the conversation.

He's clearly in the wrong; anything you say to him might just give him ammunition for claiming you're harassing him.

I'm leaving town right now for a week.

[Randy Seltzer]

I've been following this thread with great interest, since I know this neighborhood well (went to high school right across State Line from the duplex). Please keep us updated, gaffa.

I'd also reiterate others' advice that your brother should really speak to an attorney ASAP. This is advice -- for what it's worth -- from an attorney.

[Bosda Di'Chi of Tricor]

Originally Posted by gaffa

My brother has put every last dime into renovating a pair of duplex homes in Kansas City, Missouri. He has made them into really nice rental units. This is not the usual flipper behavior of slapping on some paint, but gut rehabbing the kitchen and bathroom, completely re-wiring the buildings, new plumbing, heating and air conditioning, washer and dryer upstairs, heated tile floor...the works.

For years, we had a commercial property next door that manufactured medical valves. Light manufacturing, and never heard a peep out of them. Great neighbors.

They moved out to the burbs, and the building sat empty for two years. And a nightmare in moving in. A dog kennel.

The parking lot is between my brother's building and their building. And they have erected fences for dog runs. They are putting the dumpster, which will presumably be full of dog shit, right by my brother's unit's driveway!

I have called the city, and they confirmed that there were no building permits issued. They are doing this on the cheap, to judge from the amateurish quality of the work. They cut a poop trench in the parking lot, intending to wash the dog shit and pee into the storm drains!

Just this evening, they put up very bright lights, shining right into the bedroom windows of the unit!

What to do? How can we stop this nightmare, that will destroy my brother's apartment rentals value?

Time to lawyer up!

[FairyChatMom]

Originally Posted by gaffa

The business is Pooch's Paradise.

Paradise? They keep using that word. I do not think it means what they think it means. There's a kennel in my county called Pet Paradise. The exercise yard is at least 2 acres, grassy, and perfect for dogs to run and frolic - That's a pet's paradise!

Your bro should most definitely get a lawyer. Does one of the local TV stations have a consumer advocate? Maybe a story about a business claiming to care for dogs but planning to keep them in a place like that would get some attention?? But lawyer for sure.

[gaffa]

I returned from a trip out of town, and they are back to work. I filed another complaint with the city.

For all those people saying "Hire a lawyer"...hire a lawyer to do what, exactly? They are in violation of city zoning codes, and they should not be able to get their animal welfare license, but they seem to be continuing anyway, as if the fix was in. The City should be stopping them. We need this shit to stop before the shit starts piling up.

[Sicks Ate]

Originally Posted by gaffa

I've tried to avoid mentioning a location, but I find I need to. The business is Pooch's Paradise. The current location at 218 W 74th St in Kansas City, MO is also zoned M1 and the dog pens they are operating at that address are also less than 200 feet from a residential zoned area. Here is where they are planning to move to.

I've been keeping my eye out for a place in Waldo, you brother have any empty units?

[Hello Again]

Originally Posted by gaffa

I returned from a trip out of town, and they are back to work. I filed another complaint with the city.

For all those people saying "Hire a lawyer"...hire a lawyer to do what, exactly? They are in violation of city zoning codes, and they should not be able to get their animal welfare license, but they seem to be continuing anyway, as if the fix was in. The City should be stopping them. We need this shit to stop before the shit starts piling up.

You may be surprised to learn that you actually can sue the city to force their hand. It's called a "writ of mandamus" or in some states, "mandate" (and it may even have other names) but essentially you sue the government for not doing a thing they are obligated to do.

So yeah, if you want to go that route, it exists.
http://en.wikipedia.org/wiki/Mandamus

[Hello Again]

Originally Posted by gaffa

I returned from a trip out of town, and they are back to work. I filed another complaint with the city.

For all those people saying "Hire a lawyer"...hire a lawyer to do what, exactly? They are in violation of city zoning codes, and they should not be able to get their animal welfare license, but they seem to be continuing anyway, as if the fix was in. The City should be stopping them. We need this shit to stop before the shit starts piling up.

You may be surprised to learn that you actually can sue the city to force their hand. It's called a "writ of mandamus" or in some states, "mandate" (and it may even have other names) but essentially you sue the government for not doing a thing they are obligated to do.

So yeah, if you want to go that route, it exists.
http://en.wikipedia.org/wiki/Mandamus

Also, if the property would constitute a nuisance in your state (violating zoning ordinances related to animals & their waste is a pretty good hint that it is), you can sue the dog kennel for, well, being a nuisance to you.

One reason to hire a lawyer is to find out what you don't know.

[filmore]

You're right that the city should be going after this. But the city is a lazy, bureaucratic organization and is not going to be very proactive on this.

Your lawyer would represent your interests. He would know which laws they are breaking and could talk specifically about them when he goes to city hall. He could file suit in court to get it stopped. Your lawyer would be the squeaky wheel to make sure this place is forced to follow the law.

[muldoonthief]

Originally Posted by ZenBeam

Do you know it's a dog kennel, and not a dog breeding operation, or something else? Could there be different laws they're breaking, depending on which it is?

Maybe Mr. Lambert misunderstood the instructions to open a mattress store?

[ZenBeam]

Originally Posted by gaffa

I returned from a trip out of town, and they are back to work. I filed another complaint with the city.

For all those people saying "Hire a lawyer"...hire a lawyer to do what, exactly? They are in violation of city zoning codes, and they should not be able to get their animal welfare license, but they seem to be continuing anyway, as if the fix was in. The City should be stopping them. We need this shit to stop before the shit starts piling up.

You could try writing your City Council. I'd try that route here, but your city is about four times larger than mine, so your council is probably about four times as useless.

Still, it's free to write a letter. If they forward it to the zoning Dept., it might get more attention than a directly written letter.

[gaffa]

Originally Posted by ZenBeam

You could try writing your City Council. I'd try that route here, but your city is about four times larger than mine, so your council is probably about four times as useless.

Working on it.

9:53 PM, hammering and sawing still coming from the location. They are trying to get all the construction in before the inspector shows up again.

[DiosaBellissima]

Originally Posted by gaffa

Working on it.

9:53 PM, hammering and sawing still coming from the location. They are trying to get all the construction in before the inspector shows up again.

Call the police for noise disturbance whenever the cut off is for your town. Where I live, that's 10 on the dot.

[SmellMyWort]

If they are breaking the stop work order you should get it on video.

[Clothahump]

Originally Posted by gaffa

I returned from a trip out of town, and they are back to work. I filed another complaint with the city.

For all those people saying "Hire a lawyer"...hire a lawyer to do what, exactly?

Sue the bastards. The lawyer will know exactly whose cage to rattle in the various city/county departments.

[2gigch1]

Index of Kansas City tv stations.

Call and ask for the newsroom, or better yet pen an email with all the info you have given here (including pictures) and explain the problem. The more visual the better.

Stations do stories, city is forced to act (it's election season, ain't it?), problem solved without you opening your wallet.

[cornflakes]

As has been said, the law is on your side.

How do the neighborhood associations work in KC? Around here, any permits that are pulled by businesses and any requests for variances are discussed in depth on the neighborhood discussion group and at the meetings. Anyone who disregards community feelings towards their project can expect a conga line of protesters at the Development and Review department, at the Board of Adjustments and at any public meetings.