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Business Owners say “no” to Dogs on Rolllins

By Heather Murtagh – (Daily Journal)

Three local business owners want the Rollins Road area of Burlingame to remain animal free a claim they put forward in a lawsuit.On June 5, the Burlingame City Council approved a change in the Rollins Road area plan allowing animal shelters or animal rescue centers into the area. Three business owners believe the change isn't in the best interest of the area, which is the reason for a lawsuit against the city filed Aug. 29. We don't believe animal shelters were what was envisioned for the Burlingame industrial area. I have optimistic hopes for … higher uses than just animal shelters between Broadway and Millbrae Avenue,? said Herman Christensen, general manager of Christensen and Company, one of the businesses filing the lawsuit. The trio Aerobay Office Center, Rilco Edwards and Albert Guibara is hoping for a well-landscaped, put together, upper scale industrial area, he said. That doesn't include uses like animal shelters. The suit attempts to reverse the change, which Christensen said is in the best interest for the area. Burlingame city attorney Larry Anderson disagreed with Christensen. The two sides should meet with a judge in the upcoming months, but Anderson said the city will have no reason to change the decision.

The industrial area of Burlingame already has one animal shelter hoping to be a new neighbor. Last year, the Peninsula Humane Society presented a plan for a new facility in Burlingame to a large crowd of concerned citizens. The reaction inspired the group to look a bit deeper at how it will affect its new neighbors. When the facility was first proposed, nearby business and property owners on the industrial street sent letters to the city complaining of potential noise, smell and increased traffic and parking concerns. If the lawsuit was successful it wouldn't affect the PHS efforts, said Ken White, president of the Peninsula Humane Society. The plans for the new center are under old rules. A reversal would, however, prevent PHS from expanding in the future. We have no plans to expand,? said White. Right now, we're just trying to move in.?

The new facility would focus on homes for homeless animals, rehabilitation for animals as well as education. It will not feature certain activities like housing of stray, injured and aggressive animals, euthanasia of non-adoptable unwanted animals, lost and found services and 24-hour ambulance services. These activities will remain at the PHS/SPCA center at Coyote Point Park. The Burlingame site is scheduled to open on July 1, 2008. Christensen and the others are against the PHS proposal, but realize the lawsuit will not affect the plans. At the very least, the lawsuit could prevent similar businesses from moving in, he said.

Heather Murtagh can be reached by e-mail: heather@smdailyjournal.com or by phone: (650) 344-5200 ext. 105.

– Written by Jen

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13 responses to “Business Owners say “no” to Dogs on Rolllins”

  1. Anonymous

    Sorry, but I don’t get this one. What kind of problem could this place be? I don’t think noise or smell are even a problem out in the current location, and that facility is very old. I’m pretty sure there used to be a skating rink out there, for heaven’s sake, and now there is paintball, and car-racing, too.

    If anything, there are lots of trucks that really go pretty fast on that street and make big wide turns. As long as there is enough parking on site, and perhaps a crosswalk at the nearest intersection, I can’t really see that this place would be a detriment to the area. I think it may be a draw!

  2. fred

    PHS lawsuit targets opposition
    By Dana Yates

    A group trying to prevent the Peninsula Humane Society from moving to Burlingame’s light industrial area is being accused of acting unfairly in a lawsuit filed last week by the animal agency.

    The Peninsula Humane Society and the Horn Family Trust, owner of the property at 1450 Rollins Road, filed the lawsuit Wednesday against property owners near Rollins Road who are protesting the move. The property owners are attempting to block the property sale to PHS by inaccurately interpreting outdated land agreements despite the Burlingame City Council’s recent approval, the lawsuit alleges.

    The lawsuit comes on the heels of a related lawsuit filed in August by the property owners against the city of Burlingame regarding the council’s decision allowing the PHS to move to Rollins Road. In June, the council approved a zoning change on Rollins Road that would allow animal shelters and rescue centers in the area.

    A group of property owners near Rollins Road opposed the council’s decision arguing that high uses? were envisioned for the industrial area. Three property owners Aerobay Office Center, Rilco Edwards and Albert Guibara are hoping for a well-landscaped, put together, upper-scale industrial area, property owner Herman Christensen told the Daily Journal last month.

    Guibara and the attorney representing him, Aerobay Office Center and Rilco Edwards did not return calls for comment.

    The PHS claims in the new lawsuit that the trio of property owners isn’t playing fair by inaccurately interpreting outdated CC and Rs, a short form for covenants, conditions and restrictions,? which are the rules governing a particular subdivision. CC and Rs are often used in condominium complexes to ensure residents maintain their properties to a certain standard.

    The property owners are claiming CC and Rs drafted in the 1960s to regulate Burlingame’s industrial area prohibit the housing of animals. The PHS is arguing that the group is trying to narrowly interpret the agreement in a way that isn’t allowed by the document that governs the agreement, said PHS President Ken White.

    The CC and R argument holds up the sale of the property between the Horn Family Trust and the PHS.

    The lawsuit further argues the CC and Rs have not been upheld for years. For example, the current tenant at 1450 Rollins Road use animals for biotech research. If the CC and Rs are upheld, not only would PHS not be allowed to move in, but the current tenant would have to move out, White said.

    The PHS already spent thousands of dollars and spent a year planning the purchase of the property. It’s not fair that the property owners continue to hold up the sale despite a lengthy public process that ruled in favor of PHS, White said.

    It’s a nice imaginary world they’re living in, but it’s not a real world,? White said.

  3. fred

    I think they want the area to maintain it’s industrial uses. They would rather welcome the next youtube than the pooches. They have some heavy hitters in there now like Sub-Zero.

    One problem with the humane society is a problem from the past. Sure, they are supposed to euthanize a large amount of animals…but what if you get someone who feels it is their duty to set them free. I believe that used to happen over at Coyote Point. There were wild cats running all around the area and all the way up Peninsula Ave. The Safeway at Howard Ave used to house families of cats in the firewood and other outdoor displays.

    Granted, this was over ten years ago and I believe that it is not occuring now, but there is always the possibility.

    Second is traffic. The area is designed for a purpose, a light industrial area. As industrial sections go, Burlingame has a very nice one and the possibilities for the future look good. If you are going to change the area the stakeholders should be in agreement on the changes. It is a team concept and may seem unusual to think of team play in an industrial area, but little changes could have a huge impact long term to what becomes of this part of Burlingame.

    I tend to agree with the property owners. It is an area for business. The imaginary world is thinking every corner of Burlingame is the same as every other.

  4. Anonymous

    Isn’t this a non-profit? Non-profits are scattered all over in various cities. It’s not like we are letting some retail pet store open there, and setting a new trend. This is an organization that does a service for the community, and for the county. This is, apparently, the best shot we have at keeping them local (as in, not having to go to Half Moon Bay to return strays and injured animals, as I have often done.)

    Is there another site that would be more appropriate (?) I haven’t heard of one. Any other areas would probably be zoned light industrial, as well.

    The truck traffic/safety concerns could be warranted, but these can be solved with on site parking.

    Also the issue of setting animals free is probably less likely, now that they apparently don’t euthanize (at least not on that site.) The logic was probably that the old site was so close to “nature”, how could that be a bad thing. I doubt the caretakers would be that interested in setting animals free on Rollins. Seems like a poor idea……

  5. Susie

    I do not see the problem with them being there.

    As a non-profit/community service I like having them in Burlingame and have always felt proud to have them close by…(its like being close to the airport) Where else would they go? A residential area would not be appropriate. I think Rollins Road is a good option –

    I also feel Burlingame could benefit from a positive organization such as this one…(as a kinder gentler place to live!)

    I would be open to learning more about the problem of them moving in…

  6. fred

    Well, it may be a stupid question but I’ll put it out there: Why don’t they just stay where they are at?

    No one has a problem with them being there, there is plenty of open space there. Why don’t they just expand their current location? Why do they have to move into an area where the property owners are opposed to their presence?

    And why does Burlingame even waste time zoning land or paying half a million dollars for an area specific plan when Burlingame has a history of allowing exemptions to zoning?

  7. Anonymous

    I think that the reason they need to look elsewhere is that the lease they have (something like $1 a year?) is precarious, and the county may not want them to stay there that much longer. I don’t know much about it, though I know the building needs lots of work that they’d rather not do, if the longer, outlook for the location is unsure.

    I don’t know about the zoning question, but again, it is a non-profit in to the community. Pets in Need (I believe) is in light industrial area, as is the Homeless cat network in San Mateo. That one even has residential nearby. Pets Unlimited in SF is located in very posh Pacific Heights, so it isn’t that out the ordinary for cities to welcome non-profits for animals.

  8. Anonymous

    Burlingame = Auto Row/Pip/Pez/Drums/Cakes/Rugs
    Burlingame = Light Industrial Area/PHS

  9. Anonymous

    If at all possible I would like to see PHS stay where they are at.

    But if they have to move to the industrial side of Burlingame I don’t see what the big deal is! For heavens sake, these are just poor animals that need a loving home.

    Where else would you want them to move?

  10. Anonymous

    What about those poor chickens?? What are they doing with them…….Maybe some of the old PHS gang Fred is talking about can set them free!

  11. Jim Knapp

    You all have it wrong… this is a business expansion to create more revenue, wrapped in cute puppies and kitties… its that simple

    They ARE STAYING at Coyote Point.. and they will be there for as long as they want and that will be a long time since they get the facility for free (or one dollar a year) why would they ever leave Coyote Point?

    They just can’t charge 250 bucks for a puppy legally… which is what they will be doing at the new location.

    The new facility will be mainly be a Vet hospital. anyway.. don’t we have enough of these already?

    And don’t forget the Wildlife rescue center they are including into this project… mountain lions etc… In an industrial area? Come on lets be reasonable

    A facility in the County, near Half Moon Bay, with enough room for horses and goats and pigs and lions… Get over the emotional aspect of this issue.. We all love pets and animals these animals need a suitable location where they can be happy, this is much more suited for a farm like facility than to cram these poor animals into a cement box in an industrial area… You think that’s humane or compassionate?

  12. Anonymous

    Interesting that you should ask about the Vet hospital. Critical word there is “hospital.” We have plenty of vets, but not many overnight hospitals. Without naming names, I can tell you that there aren’t many decent ones nearby, really. I am actually glad to hear that there will be a hospital there, and wonder if the public will be able to bring animals in, or if it is just for spays and neuters of their kennel strays, perhaps you know.

  13. Robyq

    http://sexsy-woman-google.f-a-s-t-search.info/

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