City council voted 6-1 Monday to deny a dog breeder a business licence to operate out of her home.
The decision came after a special hearing was held for Roxanna Hamilton, who has been operating Summer Knight Kennel at 3622 Hazel Drive since 2000.
The use is in contravention of the current residential zoning for the property but Hamilton maintains it was in compliance under the old zoning bylaw and therefore grandfathered when the new bylaw came into effect in 2007.
At central issue was what constitutes a kennel. Although the use was prohibited under the old bylaw, which came into effect in 1980, no specific definition was provided.
City lawyer Troy De Souza argued that in such instances, governments turn to the latest edition of the Cambridge dictionary and, in turn, it includes dog breeding under the definition.
Hamilton's lawyer, Jon Duncan, suggested the meaning may have been different when the bylaw was finalized in 1980 and noted that Hamilton claimed she was told she did not need a business licence when in 1998 she checked with the city's planning department because she would not be boarding other peoples' dogs.
In rebuttal, De Souza cast doubt on Hamilton's claim, noting she did not provide a name and that her contention was "far too self serving" to be accepted at face value. If she can prove she was provided bad advice, Hamilton can sue the city for damages, but must still comply with the law, he added.
He also stressed that council can rely on the "latest" edition of the Cambridge dictionary which provides two definitions, one of which specifically mentions breeding as a use. He also argued that a breeder cannot operate without housing dogs other than the ones she owns on site.
Asserting that as many as 20-30 dogs were on the property at a given time, neighbours had complained to the city about the noise and smell. In turn, bylaw enforcement to launch an investigation and found Hamilton had not been operating with a business licence.
When Hamilton applied for one, staff denied the request and, in turn, that led to the hearing before council.
Mayor Lyn Hall, Coun. Susan Scott, Coun. Kyle Sampson, Coun. Murry Krause, Coun. Cori Ramsay and Coun. Garth Frizzell voted to deny Hamilton's application for a business licence.
In doing so, they generally echoed DeSouza's points that they can use the latest definition and that Hamilton provided no evidence that she was told she did not need a business licence.
Coun. Frank Everitt cast the lone dissenting vote, saying it was a case where a non-conforming use had been allowed.
The outcome means Hamilton must either move the business to a location zoned for the purpose or shut it down. However, she also reserves the right to have a court of law review council's decision.
Coun. Brian Skakun excused himself from the hearing citing a non-pecuniary conflict of interest related to the fact that Duncan had represented in him when the city took him to court in 2011 after he leaked a confidential report to a local media outlet.
