As the Humane Society of Harford County works to build a bigger dog park at its Fallston location, a prominent developer who owns a large, adjacent parcel is prepared to protest the proposal as the Harford County government investigates whether its existing park is even legal.
"As far as how [the park] is being used, that's something the department is looking into," Anthony McClune, deputy director of planning and zoning, said Tuesday.
He said he believed at some point the park had a variance, but "as far as I know, it does not have any variance at this point."
Mike Euler, the developer and an adjoining property owner, says he plans to oppose any zoning variances for the dog park or other Humane Society activities and is trying to persuade the organization to move.
"I don't want them to expand and enlarge," Mike Euler, a developer who owns 67 acres bordering the Humane Society property, said Tuesday.
The Humane Society has had a dog park on its 25-acre site on Connolly Road for five years.
In November, the nonprofit organization filed an application for a variance on the required 200-foot setback for its new dog park, and is scheduled for a Board of Appeals hearing on Jan. 25.
David Fang, president of the Humane Society's board of directors, said the new park would be at least two acres in size and have more access for parking. It is scheduled to be built in October.
Code vague on issue
The county's zoning code, however, has no classification for a dog park, McClune, of the county planning department, said.
"The closest thing under the county code for that is a dog run, and they are required to be 200 feet from the property line, and they have asked for a variance for that," McClune said.
"I believe there is some fencing there," he said of the current park. "We are looking into that issue."
McClune also said the Humane Society property falls under the classification of a kennel.
The site is zoned for agricultural use, and the organization is also planning to expand its whole 63-year-old facility. The county government, which uses the humane society's facility as its animal control pound, would be a partner in the planned expansion.
The zoning variance application explains the dog park is for the use of the public and is not used as a dog run.
"Animals housed by the Humane Society are segregated from this facility and the Dog Park is not utilized by the Humane Society," the application states. "Furthermore, the granting of the variance will not be substantially detrimental to adjacent properties and will not materially impair the purpose of the [Zoning] Code or the public interest."
In January 2000, the board gave the Humane Society a variance from the required 200-foot setback for its current dog park.
More accessible
Fang said the humane society hopes to have a dog park that is more accessible to the public.
"The dog park will be moved to be closer to the new parking lot, which will hold approximately 75 cars," he said. "It will be divided into two parks, for large and small dogs, and possibly a third area."
Most importantly, the park will have longer hours, he said.
"It is expected that we will have water at the site, some shaded areas, a gazebo or pavilion, a hose to rinse off," he said. "We think having a bigger, better park with more accessibility from dawn to dusk is going to be a very attractive option for folks."
Fang said the dog park draws people from as far away as White Marsh and the Canton area of Baltimore.
"They have tried other parks and we are pretty big, we have grass instead of dirt or mud, and folks like it," he said.
He did not have an estimated cost for the park yet.
"It costs a little more to keep, a little more to maintain," he said.
Challenge to expansion
The idea of a bigger dog park, located closer to his property, and expanded operations at the Humane Society are not fulfilling the animal shelter's mission of finding homes for stray and displaced animals, Euler said.
"It just boggles my mind," he said about the possibility of the Humane Society operating without a zoning variance.
He said he is concerned about the county moving forward with allowing the expansion of the dog park and the shelter, and he plans to be out in full force at the zoning board hearings and any other such proceedings.
"We have got a little army working," he said. "Somebody should hold them accountable."
Also, he said, if they plan to sell animals, "you really need to be in more of a business setting instead of off of Connolly Road."
Euler says he is considering building a home on his property and putting the land in agricultural preservation. He said he offered to give the Humane Society a piece of property he owns near Routes 1 and 152 where he recently built a McDonald's and has other stores planned. So far, he said, the society has told him it isn't interested in moving.
The county's role
According to the current county capital budget, public funding for a new animal shelter is estimated at $3,925,000, and the county has already appropriated $325,000 for design of the project. Though none of the additional money has been appropriated, County Executive David Craig said recently he envisions the new shelter as a candidate for some of the $11 million from last year's budget surplus he wants to spend on capital projects.
The county also provides $450,000 a year from its operating budget to the Humane Society to act as its animal holding facility. The county has a seat on the society's 15-member board of directors, currently held by Craig's chief of staff, Aaron Tomarchio.
This story has been updated and corrected from an earlier version.