Fight Over Doggie Hotel May Not Be Over

Expect some more growling and snarling in the continuing fight over what would be Ocean City’s first doggie hotel and daycare center.

We’re talking about the people, not the dogs.

The developer of the proposed dog hotel says he may not be willing to give up on the project, despite intense neighborhood opposition from homeowners and businesses.

Developer Jake Gallagher’s request for a use variance to open the doggie hotel fell one vote short during a zoning board meeting on March 20. The meeting included impassioned comments from both opponents and supporters of the project.

The zoning board vote was 4-3 in favor of the dog hotel and daycare center, but five affirmative votes – a so-called “super-majority” – were required for the use variance.

Now, Gallagher said he may appeal the zoning board’s decision after he speaks with his attorney and team of professional consultants.

“All options are on the table,” he said in an interview.

Gallagher has the option of challenging the zoning board’s vote by filing an appeal in state Superior Court. He could also “substantially” change his application for a variance and come back to the zoning board later on, according to his attorney, Avery Teitler.

Gallagher has proposed opening the doggie hotel and daycare center in a two-story commercial building at 204 Seventh Street in downtown Ocean City. After the zoning board’s decision, he quickly put the building on the market for $879,900.

“I put it up for sale to get some activity on it – to see what happens,” Gallagher said of keeping his options open.

    Jake Gallagher's commercial building on Seventh Street includes about 5,500 square feet of interior space and could lend itself to different uses if the dog hotel project ultimately fails. (Photo courtesy of Goldcoast Sotheby's International Realty)
  

In the meantime, Gallagher is also considering other uses for the building, if he ultimately decides not to develop the dog hotel.

Gallagher said he has been thinking about the possibility of starting a private pickleball club in the building. It could include three or four pickleball courts on the first floor and a lounge and locker rooms upstairs.

Another option he is considering is converting the building into a mental health center for recovering alcohol and drug abusers. Gallagher said Ocean City currently does not have that type of mental health facility.

Emphasizing the seriousness of the pickleball club and mental health center proposals, Gallagher said he already has business partners lined up if he decides to move forward with either of those projects.

However, his first choice remains the doggie hotel and daycare center.

“This is going to be a nice facility if it goes through,” he said.

As originally proposed, Gallagher’s project would have included 31 indoor dog kennels, interior dog runs and an outdoor synthetic turf area approximately 400 square feet in size.

Altogether, there were plans to handle 30 dogs per night at the hotel and 20 more at the daycare center, for a maximum of 50 dogs in the building at any given time.

But Gallagher made two major concessions during the zoning board meeting in hopes of quelling opposition to the project. He said he would eliminate the outdoor play area for dogs to cut down on the noise from barking. He also said he would reduce the number of dogs allowed in the hotel from 30 to 25 per night.

Still, the project did not win enough votes from the zoning board for the variance. Gallagher thanked the board for the opportunity to present his project.

“I understand that when it comes to change, there’s a lot of frustration among the residents and taxpayers with the unknown,” he said of neighborhood concerns about the project.

    Doggie hotel developer Jake Gallagher, right, speaks with audience members after the zoning board hearing on March 20.
  

Opponents of the project, including residents and business owners in the area of Seventh Street, pleaded with the zoning board not to approve the dog hotel. They expressed concerns about excessive noise from barking, odor problems and the possibility of neighbors’ lawns being fouled by dog excrement.

There were also members of the public who turned out in support of the project. They said a doggie hotel is badly needed in Ocean City and would be another attraction to help draw tourists to town, especially the ones who have trouble finding pet-friendly vacation accommodations.

During a neighborhood meeting on April 12 attended by Second Ward Councilman Keith Hartzell, residents and business owners located near the proposed dog hotel site repeated their opposition to the project.

They said they are worried Gallagher may appeal the zoning board vote in hopes of resurrecting his project. They also said that Gallagher could possibly sell the building to another person interested in converting it to a dog hotel and daycare center.

As a preemptive step, the residents and business owners authorized Hartzell to go back to Council and try to repeal a new city ordinance that has opened the door to the possibility of doggie hotels and daycare centers in town.

Approved by Council on Jan. 23, the ordinance would allow dog hotels and daycare businesses to open in Ocean City if the owners are able to first secure variances from the zoning board.

Hartzell and Jody Levchuk were the only Council members who voted against the new ordinance when it came up for a final vote. They expressed concern that the ordinance would provide a legal pathway for dog breeding or puppy mills in town. City Solicitor Dorothy McCrosson told Hartzell and Levchuk that the ordinance would not allow dog breeding or puppy mills.

    Second Ward Councilman Keith Hartzell addresses the residents and business owners at the neighborhood meeting on April 12.
  

Hartzell spoke about the doggie hotel during the neighborhood meeting on April 12, while asking the residents and businesses owners then for their support for him to try to repeal the ordinance.

Gallagher questioned why Hartzell has not reached out to him to join the neighborhood discussions about the project.

“I wish he would involve me. I don’t know why I’m left out. I’m a taxpayer, too. He’s pushing me to the side,” Gallagher said.

Hartzell said it was the neighbors, not him, who decided who to invite to the meeting on April 12.

“If a neighborhood invites me to a meeting, I always go, and I do whatever I can to represent their interests,” he said.

Hartzell explained that he didn’t think that Gallagher was still interested in developing the dog hotel because he has put the building on Seventh Street up for sale. But Hartzell also said he would be willing to discuss the project with Gallagher. 

“I have no opposition to talking to him at all. I’ll talk to him, but I will rely on what the neighbors think,” Hartzell said.