A rabbit rescue facility’s months-long quest to continue having a permanent home in a residentially zoned Augusta County neighborhood came to the end of the rabbit trail Wednesday night.
The Augusta County Board of Supervisors voted 6-1 against pursuing any potential fixes that would bring Bunny Lu Adoptions into compliance with county code.
Instead, the board voted to uphold the current ordinance, but, rather than fall back into the confrontational cycle of issuing a notice of continued violation, they elected to provide Mary Ellen Whitehouse and Bunny Lu with a six-month window of time in which she could find a more suitable location for her rescue organization.
ICYMI
- Augusta County: Bunny rescue requests rescue from Board of Zoning complaint
- Bunny poop complaint takes Augusta County down the proverbial rabbit hole
- Augusta County: Officials continue to look for solutions for bunny rescue group
- Augusta County: Bunny rescue loses appeal, awaits solutions from supervisors
- Augusta County: Bunny Lu Adoptions issue resolution coming this summer
While a majority of supervisors were reluctant to head down a rabbit hole that would have consisted of cobbling together legal maneuverings to fit “a square peg into a round hole,” as North River Supervisor Jeff Slaven said, they were unanimous in their support and praise for the important work being conducted by Whitehouse for the rabbits in need.
Many of the supervisors mentioned the more than 200 emails they received this week in support of the rabbit rescue and the important work taking place and hoped that such public support could help Whitehouse find and fund an appropriate place within the county to continue her service with these popular companion animals.
“We have all read the many emails and were very impressed with the operation and the service you provide,” South River Supervisor Carolyn Bragg explained, noting that the issue was not the actual operation of the rescue group, but rather its location in a residentially zoned neighborhood. She expressed hope that Bunny Lu would continue to do its good work in an appropriate location in Augusta County.
The rabbit ruckus began back in November when the Augusta County Community Development Department and the Staunton-Augusta Health Department received a complaint that Whitehouse, who lives at 11 Aero Drive just outside of the Waynesboro city limits, was composting rabbit manure along her property line as part of her non-profit rabbit rescue organization, Bunny Lu Adoptions (bunnylu.org).
The bunny rescue is operated from inside her home on property zoned single family residential. Whitehouse founded the rabbit rescue in 1999 and has been operating from her current home since 2017.
County communications to Whitehouse stated that both the outside storage of rabbit manure compost and the operation of the rabbit rescue were in violation of the county code. The only solution, said the county, was for Whitehouse to close her rabbit rescue operation or move.
Bunny Lu finds homes for approximately 150 rabbits a year and at any one time there are approximately 30-50 rabbits inside her home. Bunnies, it turns out, are the nation’s third most popular pet after dogs and cats, but traditional animal shelters are often ill-equipped to deal with the unique needs and medical issues of rescued rabbits.
It turns out as well that a lot of folks have soft spots in their hearts for rabbits and when news of the situation hit the public in the spring, a petition of support for Bunny Lu garnered 5,000 signatures.
Augusta’s Board of Supervisors took center stage in the issue when the plight of Bunny Lu came to the attention of Wayne District Supervisor Scott Seaton, who toured Whitehouse’s home and subsequently brought the matter to the attention of the Board of Supervisors at a March meeting earlier this year.
The supervisors agreed to explore potential solutions with staff and to put all disciplinary action against Whitehouse on hold despite the fact that, in April, the Augusta County Board of Zoning Appeals upheld the county’s decision that Bunny Lu was in violation of the county code, which does not allow organizations such as hers in residentially zoned areas.
Since that April BZA meeting, all had been quiet on the rabbit front until Monday, when county planning and legal staff came before the board at its regularly scheduled monthly work session to present an overview on the results of their months of work on the bunny zoning issue.
County Attorney Nicole Price and Director of Community Development Doug Wolfe explained the complicated nature of the task as they grappled with state legal definitions of what was an “animal rescue” vs. a “foster” vs. a “boarding” facility. The situation was further complicated by the fact that sales of rabbit-related food and merchandise, while supporting the non-profit, were taking place at the facility, meaning it also fell under the definition of a “store.”
On Monday, the board was given overviews on three potential options for its consideration — rezoning, creating an accessory use through an ordinance change, or creating a special use permit process — and was then asked to provide some direction on Wednesday about whether or not staff should move forward on developing details on any of one of those potential solutions.
Staff further explained that all the potential solutions could have ripple effects and unintended consequences across the entire county and throughout its various zoning districts.
It was further pointed out that, while the operation of Bunny Lu was in violation of the county code in its current residentially zoned neighborhood, Whitehouse’s rabbit rescue operation could legally operate on 96 percent of the land in Augusta County.
Whitehouse appeared before the board Wednesday in a final plea to allow her to continue to operate her rescue at her residence on Aero Drive.
“I respectfully ask that you continue to allow Bunny Lu to continue its essential work here in Augusta County. Closing us down would not only devastate the rabbits in our care but would also leave the community without a critical resource. Please let us keep serving those who depend on us, both rabbits and people,” she said.
In the end, although the majority of the board voted not to pursue any planning options that would make it possible for Whitehouse to continue her operation at her residence on Aero Drive, the supervisors gave her six months to find a solution that would allow her to continue her important work elsewhere, hopefully in the county.
“It is not my intention to close it [Bunny Lu] down, but I can’t support it where it’s located.” said Beverley Manor Supervisor Butch Wells. “Hopefully they will find a way not to shut it down. … I hope they can find enough support to find a location in accordance with our ordinances,” he added.
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