Board of Adjustment extends Zumiez dog daycare special-use permit for six months, adds 50‑decibel noise target

The Santa Fe Board of Adjustment on Dec. 10 approved a six‑month continuation of the special use permit for Zumiez Dog Daycare at 513 Camino de los Marquez, requiring the operator to show progress on outstanding conditions and to meet the city noise standard cited in City Code 10.2.5 (50 decibels) as measured under the city’s sound‑level procedures.

The vote followed a staff presentation and a lengthy public comment period in which neighboring business manager Carlos Padilla and multiple residents described ongoing barking audible inside adjacent offices and concerns about odor and incomplete exterior work. The board approved the continuation with one member opposed; the applicant must return in six months for inspection and further review.

Staff planner Carly (last name not given) told the board the case is a six‑month follow‑up to the permit originally approved June 6, 2023. Staff said the permit contains 16 conditions; on-site inspection that afternoon showed four conditions still partially incomplete (initially reported as conditions 3, 4 and 5, with other items noted). Carly said building permit review for the exterior and parking work is complete and that the city issued the building permit after multiple submittals and staff reviews (building permit number 2437-631; permit issued Dec. 9). The outstanding items staff emphasized were soundproofing of party walls, relocation and screening of the dumpster, and completion of landscaping and parking improvements.

The owner and representatives for Zumiez described a multi‑month timeline of permit submittals and construction. The applicant said interior work to meet staff conditions is largely finished; he told the board the site had 96 dogs earlier in the day and estimated the remaining exterior and permit work would take a few months, with landscaping deferred until spring. The applicant said his team intends to apply for a second building permit that would create hallways and additional interior separation to reduce direct sound transfer.

Neighbors and residents who testified urged stronger, measurable requirements. Carlos Padilla, manager of the adjacent building at 509 Camino de los Marquez, said barking remains audible inside his leased offices and urged the board to require full‑height, engineered soundproofing rather than partial foam panels. Robert Milstein, a condominium neighbor, called the firm’s prior compliance “casual” and asked the board to consider denial if full mitigation is not achieved. Several speakers cited the noise provisions in the city code and asked for a clear measurement standard.

City building division manager Richard Trujillo confirmed to the board that permits are required for interior modifications that change floor plans or create new halls or demising walls; such work is subject to inspection and fire‑rating/egress verification.

Board members discussed options including: continue the permit with the existing conditions and a six‑month return; require measurable decibel testing and staff verification; or deny and order cessation of operations if conditions are not met. Member Dearing moved to continue the special use permit and require the applicant to return in six months to show progress on outstanding conditions, with specific attention to meeting the noise ordinance standard in City Code 10.2.5 (target 50 decibels). The motion was seconded and passed; the record shows one opposed vote by Member Escobel.

The board and staff agreed the practical path is to require the applicant to meet the city noise standard and to document progress with building permits and inspections. Staff said the city can measure sound levels using ANSI‑standard weighting and the city’s measurement procedures if neighbors consent to testing at adjacent property lines.

The motion did not add the previously discussed capacity cap (a condition staff said had not been formally adopted in the 2023 approval). Staff clarified that a condition in the record limiting daily maximum capacity to 100 dogs was not part of the board’s formal adopted conditions and therefore is not being added as part of tonight’s action.

Board members and staff advised the applicant that engineered solutions (full‑height demising walls with air gaps and appropriate fire‑rating/egress design) are likely to be required if decibel targets are not achieved by simpler mitigation. The applicant said he prefers to pursue the hallway/demising‑wall solution in a forthcoming building permit rather than add temporary treatments now, but the board made clear it expects measurable progress and verifiable permits ahead of the six‑month review.

The board closed public comment and directed staff to verify compliance at the six‑month review and to measure noise levels if requested. The applicant will return for the scheduled follow up hearing six months from Dec. 10, 2024.