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Sussex council allows veterinary office

Conditional use granted in residential area
January 26, 2015

Overruling the recommendation of its planning and zoning commission, Sussex County Council approved a conditional-use application allowing veterinarian Christina Abramowicz to practice at her home along Old Mill Road near Lewes.

Abramowicz, owner of Veterinary Alternative Care LLC, has provided mobile care to dogs, cats, horses and some exotic animals off site, but, she said, working at home on small animals would reduce costs to her customers.

In the 3-1 vote to approve the application, Councilwoman Joan Deaver, D-Rehoboth Beach, said the request was not for a typical veterinarian's office because there will be no surgery, overnight animal stays or kennels. “It's not a veterinary hospital,” she said. “This will give her a chance to get started, but not to expand there.”

Council President Mike Vincent, R-Seaford, said he understood some neighbors' concerns, but he thought the conditions were restrictive enough to satisfy objections raised during the public hearing.

Councilman Sam Wilson, R-Georgetown, said he couldn't understand why people thought they had the right to tell Abramowicz what she could do on her property. “This is a democracy,” he said. “People can certainly take a dog in their house and treat it. I can't understand why we are getting so darn restrictive.”

Councilman George Cole, R-Ocean View, who voted against the application, agreed with some residents who said the commercial venture is not suitable in an otherwise residential area. “I agree with planning and zoning,” he said. “This use is not consistent with the surrounding residential uses. It would set a precedent,” he said, adding the vet's office is not on a major road but on a road in a neighborhood.

The planning and zoning commission had recommended denial of the application. In the planners' 3-2 vote, commissioners debated the merits of the application. In the end, the majority agreed that a veterinary practice is better suited for a commercial area, not a residential zone. That was the main concern expressed by residents opposed to the application.

Abramowicz said she was surprised by objections to her application. “This will be a small operation; I'm not making a lot of changes. It's very low impact. I'm still happy to be part of the community,” she said.

She said she will follow all conditions and is anxious to start scheduling appointments. Abramowicz said she refers calls for emergency services to other facilities because she does not perform surgery. She uses herbal supplements, acupuncture, massage therapy and food therapy to treat animals. “This is an important stepping stone for my business,” she said.

According to conditions placed on the application, Abramowicz can open her office 9 a.m. to 8 p.m. Monday through Friday and from 8 a.m. to 2 p.m. on Saturday with no Sunday hours. She will not be permitted to perform surgery, have kennels or allow animals to stay overnight. She must live at the residence on Old Mill Road and cannot hire an additional employee, although she is allowed to have an unpaid intern.

Parking and the entrance to her property must comply with county and state regulations; she is permitted to have one sign; and all medical waste must be disposed of according to state regulations. The final site plan must be reviewed and approved by the county's planning and zoning commission.

The application created a stir of opposition by some residents who live in the area. George Dellinger, an outspoken opponent of the application, said the approval violates county code that allows for the protection of the public from veterinary health and contamination risks by restricting veterinary practices in AR-1, agricultural-residential zoning, to parcels in excess of five acres, without a conditional-use approval.

“The democratic process is that the majority wins,” he said. “However, if this conditional use eventually opens for business, the message is clear. Be forewarned fellow AR-1 zoning district residents. The process is broken.”

 

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