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BOARD OF ZONING APPEALS.[Board of Zoning Appeals on April 2, 2025.]
KERN IS NOT GONNA BE ABLE TO BE HERE TODAY.SO I CALLED TO ORDER OUR FE OUR APRIL MEETING OF THE BOARD OF ZONING AND APPEALS.
UH, I'M GONNA ASK THAT EACH OF THE NUMBERS WOULD, UH, THAT THEY WOULD ANNOUNCE THEMSELVES.
HAS ANYONE HAD AN OPPORTUNITY TO, TO VIEW THE, THE MINUTES FROM THE LAST MEETING? MM-HMM
ADAM, I HAVE, I MAKE A MOTION THAT WE APPROVE TO MUCH PRESENT.
DO WE HAVE A SECOND ON THAT? SECOND.
IF WE HAVE NO OTHER BUSINESS, WE'RE GONNA MOVE TO THE PUBLIC, UH, HEARING.
NO, BECAUSE WE, WE'RE NOT GONNA BE, WE DON'T HAVE ANYONE THAT WE'RE GONNA BE DOING REMOTE SCRIPT, UH, MS. CURRENT, UH, DIDN'T GIVE A CALL OR ANYTHING.
SO WE'RE GONNA MOVE TO OH, IS ME.
UM, UM, FOR THE RECORD, I'M GIN JONES.
I'M CODE ENFORCEMENT OFFICER FOR ZONING.
UM, I'VE GOT TWO AND THEN MR. WATSON'S GONNA HAVE THE THIRD ONE AT THE END.
BUT, UH, FIRST ONE IS FOR MARK WARD, AND THIS IS VARIANCE 22 2025.
IT'S A FOUR FOOT SIX INCH VARIANCE FROM THE 12 FOOT HEIGHT RESTRICTION IN THE AGRICULTURAL DISTRICT.
UH, THIS IS SOME BACKGROUND INFORMATION.
UH, MARK WARD IS THE APPLICANT.
UH, THE LOCATION IS 56 DASH A DASH 14 OR 3 1 0 3 1 MAPS ROAD.
UM, IT'S A THREE ACRE PARCEL ZONED AGRICULTURAL FUTURE LAND USE IS AGRICULTURAL.
UM, THE CURRENT AND PROPOSED USES ARE, UH, VACANT, SINGLE FAMILY RESIDENTIAL AND SINGLE FAMILY RESIDENTIAL AGRICULTURALLY ZONED, UM, ALL AROUND THIS PROPERTY AND THE USES, IT IS, UH, CURRENTLY, UH, VACANT WOODS LAND AND SINGLE FAMILY HOMES LANDS ELEVATIONS.
SO THIS IS THE PROPERTY, UM, ZONED AGRICULTURAL, UH, FUTURE ZONING IS ALSO AGRICULTURAL.
UH, THIS IS THE CHESAPEAKE BAY PRESERVATION AREA MAP.
IT'S NOT IN THE RPA AND IT IS NOT IN A FLOOD ZONE.
SO THE STRUCTURE IS, UH, 200 FEET FROM ROUTE 6 89, WHICH IS MAXVILLE ROAD, AND IT IS SIX FEET FROM THE PROPERTY LINE, WHICH IS WHY WE REQUIRE A VARIANCE.
AND THEN THESE ARE THE PROPOSED, UH, BILL PLANS SHOWING THE STRUCTURE THAT HE WANTS TO PUT ON THE PROPERTY.
UM, AND IT IS 16 FEET SIX INCHES HIGH.
UH, THESE ARE SOME PHOTOS OF THE PROPERTY.
UM, SO THE ONE ON THE BOTTOM RIGHT IS, UM, THE CLOSEST THE BUILDING'S GOING TO BE TO THE PROPERTY LAND.
THAT'S THAT SIX FEET THAT I WAS TELLING YOU ABOUT BEFORE.
UM, TOP RIGHT IS A VIEW OF THE PROPERTY FROM THE ROAD.
THE TOP LEFT IS A VIEW OF WHERE THE SHED IS GOING TO GO FROM THE BACK.
AND THEN THE BOTTOM LEFT IS JUST A WHOLE VIEW OF WHERE THE PRO STRUCTURE IS GONNA BE PLACED.
SO CONSIDERATIONS FOR VARIANCE APPLICATIONS.
NUMBER ONE, WOULD A STRICT APPLICATION OR UNREASONABLE RESTRICTION, UH, VERSUS ALLEVIATING HARDSHIP FROM A PHYSICAL CONDITION.
THERE ARE MULTIPLE WAYS THAT THE ACCESSORY STRUCTURE COULD BE CONSTRUCTED IN ACCORDANCE WITH THE ORDINANCE.
CHANGE OF THE HEIGHT OF THE STRUCTURE, THE SIZE OF THE STRUCTURE, OR THE LOCATION OF THE STRUCTURE COULD RECTIFY THE NEED FOR A VARIANCE.
UM, NUMBER TWO, WAS IT ACQUIRED IN GOOD FAITH? THE ANSWER IS YES.
THE SITE APPEARS TO HAVE BEEN IN ACQUIRED IN GOOD FAITH.
IT IS THE APPLICANT'S DECISION TO THE SIZE OF THE ACCESSORY STRUCTURE SUCH THAT IT NEEDS A VARIANCE.
UM, NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.
UH, NO DETRIMENTAL EFFECTS TO ADJACENT AND NEARBY PROPERTIES ARE ANTICIPATED.
THE OWNER OF THE SUBJECT PARCEL ALSO OWNS THE PROPERTY NORTHWEST, WHERE THE ACCESSORY STRUCTURE WILL BE CLOSEST TO NUMBER FOUR.
IS THIS GENERAL OR RECURRING IN NATURE TO AMEND ORDINANCE TO ALLEVIATE THE SITUATION.
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IS NOT A GENERALLY RECURRING SITUATION THAT REQUIRES AN ORDINANCE AMENDMENT.A HEIGHT VARIANCE IS UNIQUE TO EACH CASE AND DOES NOT NECESSARILY NECESSITATE CHANGING THE ORDINANCE.
NUMBER FIVE, WILL IT RESULT IN A USE NOT OTHERWISE PERMITTED SLASH REZONING OF PROPERTY? NOW, THE PROPERTY IS ZONED IN AGRICULTURAL AND AN ACCESSORY STRUCTURE, WHICH IS THE PROPOSED USE, IS ALLOWED IN THAT ZONING DISTRICT BY RIGHT PER SECTION 1 0 6 DASH 52 9.
GRANTING OF VARIANCE WILL NOT CHANGE THE ZONING CLASSIFICATION.
AND NUMBER SIX, IS THE REMEDY SOUGHT AVAILABLE THROUGH SPECIAL EXEMPTION? THE ANSWER IS NO.
UM, NOTICES WERE PROVIDED THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW AND NO PUBLIC COMMENTS WERE RECEIVED.
STAFF FINDINGS, THERE ARE FOUR.
THE PROPOSED ACCESSORY STRUCTURE REQUIRES A VARIANCE TO THE 12 FOOT HEIGHT REQUIREMENT WITHIN THE 10, WITHIN 10 FEET FROM THE PROPERTY LINE.
IT IS THE OWNER'S DECISION AS THE LOCATION OF THE ACCESSORY STRUCTURE.
THERE ARE OTHER OPTIONS AVAILABLE THAT WOULD NOT REQUIRE VARIANCE.
UH, NUMBER THREE, THERE ARE NO DETRIMENTAL EFFECTS ANTICIPATED AS A RESULT OF THIS PROJECT.
UH, THE APPLICANT DOES OWN THE PARCEL ADJACENT TO THIS PROPERTY THAT WOULD BE IN CLOSE PROXIMITY TO THE STRUCTURE.
AND NUMBER FOUR, A BUILDING PERMIT APPLICATION BLDR 17 30 20 24 WAS APPLIED FOR ON DECEMBER 23RD, 2024.
FOR THE PROPOSED ACCESSORY STRUCTURE, THE STAFF DOES NOT TYPICALLY MAKE, BECAUSE THIS IS A VARIANCE, WE DO NOT TYPICALLY MAKE RECOMMENDATIONS ON VARIANCES.
HOWEVER, SHOULD THE BCA GRANT, THE VARIANCE STAFF, SUGGEST THE APPROVAL BE SUBJECT TO THE FOLLOWING THREE CONDITIONS.
NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S BUILDING DEPARTMENT, THE VIRGINIA DEPARTMENT OF HEALTH, AND VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE ACCESSORY STRUCTURE.
NUMBER TWO, THE BUILDING APPLICATION MUST BE CONSISTENT WITH THE SPECIAL USE PERMIT OR WITH THE, THAT'S ACTUALLY A MISTAKE.
IT'S ACTUALLY WITH THE VARIANCE.
AND NUMBER THREE, THE APPLICANT SHALL CLEARLY FLAG ALL FOUR CORNERS OF THE PROPERTY AND THE PROPOSED FOOTPRINT.
UM, THIS DELINEATE SUBSET A, THIS DELINEATION MUST BE CERTIFIED BY A LICENSED SURVEYOR TO ENSURE COMPLIANCE AND ACCURACY.
AND B, THE PROPERTY CORNER FLAGS SHALL REMAIN IN PLACE UNTIL THE ISSUANCE OF A CERTIFICATE.
UH, MR. WARD IS ALSO HERE IF YOU HAVE ANY QUESTIONS FOR HIM.
MR. WARD, DO YOU WANT TO SPEAK TO, DO YOU HAVE ANYTHING YOU'D LIKE TO SHARE WITH US ABOUT THIS? UM, COULD, COULD WE GET YOU TO COME FORWARD, PLEASE? SURE.
AND STATE YOUR NAME AND YOUR ADDRESS.
UH, IT'S 31 0, 31 MAXFIELD ROAD HALL, VIRGINIA.
UM, MARK, DO, DO YOU SWEAR TO TELL THE WHOLE TRUTH ABOUT THE MATTER THAT'S BEFORE YOU? YEAH, I'M GONNA TRY TO DO THAT.
UM, I GUESS THEY, THEY, I DO OWN THE PROPERTY ADJACENT TO IT AS WELL.
UM, REALLY ANYWHERE ELSE ON THE PROPERTY THAT THIS WERE TO BE CONSTRUCTED, UM, IT WOULD NECESSITATE THAT, UH, IT JUST WOULDN'T GO AS WELL AS A SIDE STRUCTURE OR GARAGE.
UM, IT COULD GO IN THE VERY FRONT YARD, BLOCK, THE ENTIRE HOUSE FROM THE ROAD.
UM, THERE'S NO REALLY PLACE IN THE BACKYARD TO PUT IT WITH THE DRAIN FIELD AND THE SEPTIC TANK BEING IN THE REAR.
UM, WE COULD COMPLETELY MOVE IT TO THE OTHER WOODED PROPERTY, WHICH WOULD COST TENS OF THOUSANDS OF DOLLARS IN TREE REMOVAL AND COMPLETELY DISRUPT THAT LOVELY WOODED LOT THAT IS JUST NEXT TO ME.
UM, IT'S JUST NOT REALLY ANOTHER GOOD SPOT TO PUT IT.
IT'S GONNA HOUSE A LOT OF STUFF THAT I HAVE FOR WORK AND MY FAMILY'S, UH, PROPOSITIONS.
WE DO A LOT OF RENTAL HOUSES AND MINI STORAGE AND THINGS OF THAT NATURE, AND IT'S GONNA HOLD A LOT OF EQUIPMENT AND THINGS THAT'LL HELP US, UH, BUILD OUR FAMILY.
ANYONE HAS ANY QUESTIONS? OKAY.
UH, ALSO, THERE'S ANOTHER NAME ON THE SHEET.
UH, DOES SOMEONE ELSE SIGN UP TO SPEAK FOR THIS? UH, I'M JUST HERE.
SHE'S, SHE'S JUST HANGING OUT.
I'M JUST NEIGHBOR AND I AGREE WITH EVERYTHING.
DO WE HAVE ANY RECOMMENDATIONS? UH, I'LL MAKE A MOTION, UH, THAT WE APPROVE THE VARIANCE 0 0 0 0 2 2 20 25 TO GRANT A FOUR FOOT SIX INCH VARIANCE FROM THE 12 FOOT HEIGHT RESTRICTION IN THE AGRICULTURAL DISTRICT FOR MACK COUNTY CODE SECTION 1 0 6 DASH 5 9 4 WITH THE THREE CONDITIONS
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RECOMMENDED BY STAFF ON TAX PARCEL FIVE SIX DASH EIGHT DASH 14.AND THAT IS WITH THE AMENDMENT FROM THE SPECIAL USE TO VARIANCE? YES.
ON THAT ONE ITEM ON THAT? THAT'S CORRECT.
DO WE HAVE A SECOND ON THAT? SECOND.
ALL IN FAVOR? A ALL OPPOSED PASSED.
SO WHAT DO WE HAVE TO DO NEXT? WE'LL BE IN TOUCH WITH THE LETTER TOO.
UH, THIS IS THE MATTHEWS RETAIL STORE, SUSE 0 0 0 0 2 8 DASH 2025 AS A SPECIAL USE PERMIT FOR A RETAIL STORE IN THE AGRICULTURAL DISTRICT.
JEFF MATTHEWS IS THE APPLICANT.
THE LOCATION IS 78 DASH A DASH ONE 12, AND THE ADDRESS IS 2 5 4 9 6 PARSLEY ROAD IN PARSLEY, VIRGINIA.
UM, IT'S A ONE AND A HALF ACRE SITE.
THE FUTURE LAND USE IS AGRICULTURAL.
UM, THE CURRENT USE, IT USED TO BE THE OLD PARSLEY LIVESTOCK BUILDING.
UM, AND THAT WAS A, A RETAIL BUSINESS.
UM, AND THE PROPOSED USE IS STILL A RETAIL BUSINESS.
ADJACENT ZONING IS AGRICULTURAL, AND THE ADJACENT USES ARE AGRICULTURAL AND SINGLE FAMILY DWELLINGS.
THIS IS THE PROPERTY, UH, THIS IS THE ZONING MAP, ZONED AGRICULTURAL.
THIS IS THE FUTURE LAND USE MAP, WHICH IS ALSO AGRICULTURAL.
UH, THIS IS THE FLOODPLAIN MAP, NOT IN A FLOODPLAIN.
THIS IS A SITE PLAN OF THE PROPERTY.
UM, ALL OF THE, ALL OF THE RENOVATIONS ARE GOING TO BE ON THE INSIDE.
SO THEY'RE NOT ASKING FOR ANY SORT OF ADDITION OR ANYTHING OF THE STRUCTURE.
THEY'RE GONNA USE THE SPACE THAT THEY CURRENTLY HAVE.
UM, AND THERE ARE, THERE ARE PARKING REQUIREMENTS IN THE ZONING ORDINANCE.
THERE ARE LANDSCAPE REQUIREMENTS IN THE ZONING ORDINANCE THAT WE HAVE TO, WE HAVE TO GO THROUGH AS PART OF THE APPLICATION PROCESS.
THIS IS A PHOTO OF THE FRONT OF THE BUILDING.
AND THEN, UH, FROM TOP LEFT, TOP LEFT, THAT'S FROM THE BACK OF THE PROPERTY.
THAT'S THE ONE FRONTING ON FISHER ROAD.
TOP RIGHT IS FROM THE FRONT OF THE PROPERTY, THE CORNER OF THE TRIANGLE, UH, DOWN PARKLEY ROAD.
UH, BOTTOM LEFT IS FROM THE FRONT OF THE PROPERTY DOWN FISHER ROAD.
AND THE PHOTO ON THE BOTTOM RIGHT IS FROM THE POINT OF THE PROPERTY GOING UP PARSLEY ROAD, LIKE YOU'RE GOING TO THE ROYAL FARMS AT FISHER'S CORNER.
CONSIDERATIONS FOR SPECIAL USE PERMITS, NUMBER ONE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
THE BUILDING WAS AN AGRICULTURAL SALES BUSINESS AND WILL BE CONVERTED TO ANOTHER BUSINESS.
NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES.
NO, THE BUILDING IS EXISTING AND NO IMPACT TO PUBLIC UTILITIES IS ANTICIPATED.
NUMBER THREE, WHETHER THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE COMMUNITY, UH, NO ADVERSE IMPACT WILL RESULT.
THE APPLICANT IS USING AN EXISTING STRUCTURE FOR THIS PROJECT.
UH, NUMBER FOUR, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS.
UM, THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS.
UH, NUMBER FIVE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES ADJOINING AND NEARBY PROPERTY OWNERS.
NO ADVERSE IMPACT IS ANTICIPATED OR PROPOSED USE WILL PROMOTE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
UM, NO ADVERSE IMPACT IS ANTICIPATED.
UH, NUMBER SEVEN, WHETHER THE PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICE.
UH, YES, RETAIL STORES SUCH AS THIS ARE ALLOWED BY SPECIAL USE PERMIT.
AND NUMBER EIGHT, WHETHER GRANTED THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUST BY, BY PUBLIC NECESSITY OR CONVENIENCE.
ALLOWING THE SUP WILL ENABLE THE OWNERS TO OPEN A BEAUTY SALON IN AN EXISTING STRUCTURE THAT THE PUBLIC CAN ALSO USE.
ANY NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
NO PUBLIC COMMENTS WERE RECEIVED.
I DID HAVE, AFTER MAKING THIS, UM, POWERPOINT, I DID HAVE ONE PERSON.
UM, IT WAS THE PREVIOUS OWNER.
UM, THEY DID NOT SAY WHETHER THEY WERE FOR OR AGAINST STAFF FINDINGS.
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UH, THE PROPERTY WAS USED FOR THE SALE OF AGRICULTURAL PRODUCTS.THE OWNER OF THE PROPERTY REQUESTS TO CONVERT THE EXISTING STRUCTURE FROM AN AGRICULTURAL STORE TO A BEAUTY SALON.
UH, NO DETRIMENTAL EFFECTS ARE ANTICIPATED FOR THE SURROUNDING AREA.
UM, AS AN ASIDE, UM, THIS DID ARISE FROM A BUILDING PERMIT APPLICATION.
IT WAS BLDC 0 0 0 1 5 4 20 25.
IT WAS AT THAT POINT THAT WE SAW THAT WE REQUIRED A SPECIAL USE PERMIT.
STAFF RECOMMENDS APPROVAL OF SUSC 0 0 0 0 2 8 20 25, A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 1 53 9, WHICH ALLOWS FOR RETAIL STORES IN THE AGRICULTURAL DISTRICT.
SHOULD THE BCA APPROVE THIS SPECIAL USE PERMIT, THE STAFF RECOMMENDS THE FOLLOWING TWO CONDITIONS.
UH, NUMBER ONE, THE APPLICANT SHALL APPLY FOR A BUILDING PERMIT FOR THE CHANGE OF USE AND COMPLY WITH THE RELEVANT HEALTH DEPARTMENT, DEPARTMENT OF TRANSPORTATION AND ENVIRONMENTAL REGULATIONS.
AND NUMBER TWO, THE BUILDING APPLICATION SHALL BE CONSISTENT WITH THIS APPLICATION.
AND, UH, THERE'S THE MOTION I CAN ANSWER ANY QUESTIONS OR, UH, MR. MATTHEWS IS ALSO HERE IF YOU HAVE ANY QUESTIONS FOR HIMS. I HAVE A QUESTION.
UM, I'M ASSUMING THAT THE PREVIOUS BUSINESS DID NOT REQUIRE SPECIAL USE PERMIT? IT DID.
UM, UH, IN TALKING TO THE PREVIOUS OWNER, WHEN THEY WERE INQUIRING, THEY DID SAY THAT THEY HAD TO GO TO SOME FORM OF HEARING.
I AM NOT AS GOOD AT LOOKING THROUGH THE OLD BCA STUFF AS MAYBE OTHER PEOPLE ARE.
SO I WAS NOT ABLE TO FIND IT IN THE SMALL AMOUNT OF TIME.
HOWEVER, IT, IT WOULD'VE HAD TO GET A SPECIAL USE PERMIT.
AND SO, AND THAT SPECIAL USE PERMIT DOES NOT TRANSFER WITH OWNERSHIP? NO, IT'S A DIFFERENT, IT'S A DIFFERENT USE.
THAT SPECIAL USE PERMIT WOULD'VE BEEN FOR, UM, THAT SPECIFIC BUSINESS.
TODD AND LINDA ANDERSON OPENED UP THE AG BUILDING, UH, UH, SOME YEARS AGO.
AND SAFETY CAME BEFORE THE B-C-A-B-C-A.
WE DON'T HAVE ANYONE THAT SIGNED UP FOR, FOR, UH, SPEAKING IN PUBLIC, BUT IF ANYBODY, IS IT MR. MATTHEWS IS HERE? DOES ANYBODY HAVE QUESTIONS FOR HIM? I KNOW HE DIDN'T SIGN UP.
I'M HERE IF ANYBODY HAS ANY QUESTIONS.
UH, IF THERE ARE NO MORE QUESTIONS, DO WE HAVE, UH, A RECOMMENDATION? I MOVE THAT WE APPROVE THAT AKIMA COUNTY BORDER ZONE APPEALS APPROVE, SUSE 0 0 0 0 2 8 DASH 2025, A SPECIAL USE PERMIT TO MIMA COUNTY CODE SECTION 1 0 6 DASH 1 5 3 9, WHICH ALLOWS FOR A RETAIL STORE IN AGRICULTURE ZONING, TEXT MAP NUMBER, PARCEL NUMBER 78 DASH A DASH ONE 12 WITH THE TWO CONDITIONS RECOMMENDED BY STAFF.
DO WE HAVE A SECOND ON THAT? SECOND.
ALL, UH, MR. WATSON'S GONNA DO THE NEXT GOOD MORNING.
PAUL WATSON ZEN AND DEPARTMENT.
UM, NEXT WE HAVE V HALL FARMS WITH THE TOURIST HOMES.
AND, UM, THE SECOND TIME, THE SECOND MONTH, THIS HAS HAPPENED SOMEHOW WHEN THIS DOC, WHEN THESE DOCUMENTS GET SAVED, IT, UH, DELETES THE CAPITAL LETTERS, AND SOMETIMES IT DOES, SOMETIMES IT DOESN'T.
UM, BUT IT'S MR. ERIC OLSON OWNS THE PROPERTY.
UM, AND THIS IS THE SAME PROPERTY THAT YOU HEARD THE SPECIAL USE, SPECIAL USE PERMIT APPLICATION FOR, UH, THE RETAIL MARKET ON BOB TOWN ROAD, UH, JUST A FEW MONTHS AGO.
AND AS YOU CAN SEE, UH, ZONING IS AGRICULTURAL.
UH, THERE IS SOME RESIDENTIAL AND NOW RETAIL USES ON THE PROPERTY.
AND HERE IS THE, UH, PROPERTY PROPERTY'S ABOUT 373 ACRES.
UM, YOU CAN SEE IT OUTLINED IN RED IS ZONED AGRICULTURAL.
UM, IT DOES HAVE, UH, A BUFFER, OBVIOUSLY, UH, AROUND THE CREEK, UH, SIDE OF THE PROPERTY
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AND DOES HAVE SOME, UH, FLOOD HAZARD AREAS.BUT NONE OF THESE FOUR STRUCTURES ARE IN A FLOOD HAZARD AREA.
AND AGAIN, UH, SEE THE, UH, FUTURE LAND USE, WHICH IS AGAIN, AGRICULTURAL.
AND THIS DIDN'T COME OUT AS WELL AS I THOUGHT IT WOULD, BUT YOU CAN SEE, UH, COTTAGE 1, 2, 3, AND FOUR ON THE PARCEL COTTAGE.
ONE IS IN THE MIDDLE OF THE FIELD.
UH, COTTAGE TWO IS ON THE, UH, SOUTH SIDE OF THE PARCEL.
AND COTTAGES THREE AND FOUR ARE ADJACENT TO EACH OTHER ON THE NORTH SIDE OF THE PARCEL.
AND I'M GOING TO SHOW YOU NEXT PICTURES OF EACH ONE OF THESE COTTAGES.
UM, STARTING WITH THE FIELD COTTAGE, THEN THE SOUTHERN COTTAGE, THEN THE TWO NORTHERN COTTAGES.
SO HERE'S THE LOCATION OF, AGAIN, OF THE COTTAGE IN THE FIELD.
AND A PICTURE OF THE COTTAGE THAT HAS BEEN RECENTLY RENOVATED, UH, DOES APPEAR TO BE A VERY HISTORIC STRUCTURE.
UH, CERTAINLY HAS SOME AGE TO IT.
AND THE NEXT THREE COTTAGES, UH, THIS IS THE SOUTHERN COTTAGE, UM, HAVE BEEN RENOVATED FROM THE GROUND UP.
HERE'S A PICTURE OF THE SOUTHERN COTTAGE, UM, ESSENTIALLY ON EXISTING FOUNDATION OF A HISTORIC STRUCTURE ON THE PROPERTY.
THAT'S THE BACKSIDE OF THAT SOUTHERN COTTAGE.
AND HERE ARE THE TWO ADJACENT NORTHERN COTTAGES.
AND THIS IS A PICTURE OF THE ONE CLOSER TO THE, UH, FIELD.
AND THIS IS THE ONE FURTHER AWAY FROM THE FIELD AND TWO ADDITIONAL PICTURES OF THOSE COTTAGES.
THIS IS THE APPLICATION THAT WAS PROVIDED IN THE PACKET AND THE, UH, REQUEST THAT WAS MADE FOR THE FOUR TOURIST HOMES.
SO LOOKING THROUGH THE CONSIDERATIONS FOR THE SPECIAL USE PERMIT, UM, THE REASONING FOR THE NO ADVERSE IMPACT, UM, FOR VIRTUALLY ALL OF THESE ISSUES IS THE FACT THAT THIS IS A 373 ACRE FARM.
SO OBVIOUSLY, UH, FOR TRU COTTAGES IS NOT MUCH CONSIDERING THAT ACREAGE.
OBVIOUSLY IT WAS A MUCH SMALLER ACREAGE.
IT WOULD BE A A, A PRETTY SIGNIFICANT, UH, USE OF THE PROPERTY.
UH, FRONTING THE PROPERTY IS BOB TOWN ROAD.
UH, THERE ARE SOME RESIDENCES UP AND DOWN THE BOB TOWN ROAD, BUT THEY ARE A GOOD DISTANCE AWAY FROM THE ENTRANCE.
AND OBVIOUSLY ALL OF THESE COTTAGES ARE WELL BACK ON THE FARM FROM THE ENTRANCE.
UH, THERE'S NO ADVERSE EFFECT OF PUBLIC WATER AND SEWER OR EFFECTS TO THE COMMUNITY.
UH, AS FAR AS THE ENVIRONMENTAL, SCENIC, HISTORIC, OR WATERFRONT EFFECTS, UH, TWO OF THE COTTAGES ARE, UH, CLOSE ENOUGH TO THE CREEK, OR ACTUALLY THREE OF 'EM ARE CLOSE ENOUGH TO THE CREEK SUCH THAT THERE ARE SOME CHESAPEAKE BAY BUFFER ISSUES.
WE ARE WORKING, UH, THROUGH THOSE ISSUES WITH THE APPLICANT, AND THEY'VE BEEN MAKING GOOD PROGRESS TO GET THE COTTAGES COMPLIANT WITH THE CHESAPEAKE BAY ACT BUFFER.
UM, AGAIN, DUE TO THE SIZE OF THE PROPERTY, WE DID NOT SEE ANY ADVERSE IMPACTS ON ADJOINING PROPERTY OWNERS, UM, OR ON ANY PUBLIC HEALTH SAFETY OR GENERAL WELFARE ISSUES.
UH, NO LAWS, ORDINANCES OR REGULATIONS OR AFFECTED OTHER THAN THIS SUP REQUEST.
AS FAR AS, UH, GOOD ZONING PRACTICES AND GRANTING OF THE SPECIAL USE PERMIT WILL ENABLE THE APPLICANT TO PROVIDE, UH, FOUR TOURIST HOMES TO THE PUBLIC.
UH, OF COURSE, THE NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT PROPERTY OWNERS.
UM, WE DID GET FIVE AND, I'M SORRY, SIX LETTERS IN SUPPORT, UM, THAT I JUST RECEIVED, UH, LAST NIGHT AND THIS MORNING.
AND PROVIDED TO THO THOSE TO YOU BEFORE THE MEETING, HAVE NOT GOTTEN ANY CALLS, LETTERS, EMAILS, UH, UH, UH, THAT, UH, OR ANY WAY ALARMED OR NOT IN SUPPORT OF THIS PROJECT, HAVE ONLY GOTTEN THE SIX LETTERS IN SUPPORT.
SO THE STAFF FINDINGS ARE REQUESTED, UH, SPECIAL USES FOR FOUR SPECIFIC STRUCTURES ON A 373 ACRE FARM.
WE DON'T SEE ANY ADVERSE EFFECTS.
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WHILE THE TOURIST HOME USE IS NOT CONSISTENT WITH THE NEIGHBORHOOD, UH, THERE ARE NO NEARBY RESIDENTS THAT ARE AFFECTED.UH, STAFF RECOMMENDS APPROVAL OF THE SPECIAL USE PERMIT, UM, WITH THE FOLLOWING FIVE CONDITIONS.
UH, FIRST, UH, THE APPLICANT, UH, OBTAIN ALL REQUIRED PERMITS, UM, THAT THESE APPLICATIONS BE CONSISTENT WITH THE SPECIAL USE PERMIT, UH, THAT THE CHARLESTOWN USE IS LIMITED TO THESE FOUR SPECIFIC STRUCTURES THE APPLICANT HAS IDENTIFIED.
UM, THE FOURTH CONDITION, AND I'VE PUT THIS IN, UM, AFTER CONSULTING WITH THE APPLICANT, UM, THAT THE OCCUPANCY, UH, IS FOUR PERSONS PER COTTAGE EXCEPT FOR THE NORTHERNMOST COTTAGE, WHICH IS TWO PERSONS.
AND FINALLY, THAT THE APPLICANT SHALL REMEDY ALL OUTSTANDING ZONING VIOLATIONS FOR THE SUBJECT PARCEL.
UM, WHEN WE WERE HERE, UH, FOR THE MARKET, UM, WE HAD MADE SOME PROGRESS, BUT, UH, I WOULD SAY, UH, I GUESS A MEDIUM, A AMOUNT OF PROGRESS WE'VE MADE.
WE ARE ALMOST, UH, FINISHED, UH, DEALING WITH ALL OUTSTANDING ZONING VIOLATIONS.
I WOULD SAY THE APPLICANT'S DONE A VERY GOOD JOB IN COOPERATING AND GETTING US WHAT WE NEEDED.
AND THERE'S ONLY A FEW MORE THINGS WE NEED TO, UH, TO, TO, TO MAKE SURE EVERYTHING IS, UH, WELL, TO MAKE SURE ALL ZONING VIOLATIONS HAVE BEEN REMEDIED.
AND FINALLY, HERE IS THIS SUGGESTED LANGUAGE, UM, AND WOULD ANSWER ANY QUESTIONS? QUESTIONS? NO, I HAVE A COMMENT.
UM, THE STRUCTURES ARE VERY ATTRACTIVE.
UM, I DO HAVE ONE OTHER THING TO ADD.
UH, JOHN SSES WAS GONNA BE HERE TODAY.
HE'S IN FLORIDA WITH A VICTIM OF TWO CANCELED, UH, FLIGHTS, AND I THINK HE'S PROBABLY ON A PLANE RIGHT NOW.
UM, BUT HE ASKED IF WE JUST GO FORWARD, UM, TODAY, AS OPPOSED TO HAVING TO DELAY THIS FOR A MONTH.
WE DID HAVE SOMEONE THAT SIGNED UP TO SPEAK ABOUT THIS FROM THE PUBLIC.
UM, CAN YOU READ THE NAME
YOU READY FOR IT? DID YOU WANNA SPEAK ON THIS? YES.
WOULD YOU COME UP AND GIVE US YOUR NAME, UH, AND ADDRESS PLEASE? UH, MY NAME IS JEREMY WARE.
MY ADDRESS IS EIGHT STURGIS STREET IN C**K, VIRGINIA.
DO YOU SWEAR TO TELL THE TRUTH ABOUT THE MATTER THAT IS BEFORE US? I DO.
I JUST, FIRST I WANTED TO THANK YOU GUYS FOR BEING HERE TODAY.
THANK YOU FOR YOUR TIME AND CONSIDERATION.
UM, SO FIRST, VHA FARM IS SEEKING A SPECIAL USE PERMIT TO ESTABLISH FOUR TOURIST COTTAGES.
AS PART OF OUR COMMITMENT TO CREATING AUTHENTIC AGRITOURISM EXPERIENCE, WE WANNA WELCOME GUESTS TO OUR 373 ACRE FARM, WORKING FARM, WHERE THEY CAN WITNESS FIRSTHAND THE CARE OF SHEEP, CHICKENS, EXPLORE HORTICULTURAL, HORTICULTURAL AND CROP MANAGEMENT, AND IMMERSE THEMSELVES IN THE RHYTHMS OF FARM LIFE.
BEYOND THE FARM, OUR GUESTS WILL HAVE A ACCESS TO MILES OF BIKING AND HIKING TRAILS, OFFERING OPPORTUNITIES TO OBSERVE THE ABUNDANT WILDLIFE THAT CAUSE VOX HALL HOME, DEER, TURKEYS, EAGLES, OSPREY, WATERFOWL, OTTERS.
GREAT BLUE HERONS AND SNOWY EGRETS ARE JUST A FEW.
THEY CALL OUR BEAUTIFUL FARM HOME.
THE CHESAPEAKE BAY AND ITS TRIBUTARIES ARE THE HEART OF THE EASTERN SHORE EXPERIENCE.
AND OUR PROPERTY BOASTS BEAUTIFUL VIEWS OF PITE CREEK, THE DRAMATIC SUNSETS, THE, AND THE ACCESS TO LIFE ON THE WATER, FISHING, CRABBING, AND EXPLORING THE BAY BEACHES ARE ALL PART OF THE LIFESTYLE THAT WE ARE EAGER TO SHARE WITH OUR GUESTS.
BY BLENDING AGRICULTURE AND THE UNIQUE COASTAL CULTURE OF THE EASTERN SHORE, WE ARE CREATING AN EXPERIENCE THAT IS BOTH EDUCATIONAL AND RELAXING.
OUR COTTAGES WILL PROVIDE CLEAN, COMFORTABLE, AND BEAUTIFUL, BEAUTIFULLY DESIGNED INDOOR AND OUTDOOR LIVING SPACES, ALLOWING OUR GUESTS TO FULLY EMBRACE THE TRANQUILITY OF THE FARM AND SURROUNDING LANDSCAPES.
WE'RE DEDICATED TO OFFERING EXCEPTIONAL STAYS TO VISITORS WHO CAN UNWIND IN A SETTING THAT IS TRULY UNIQUE TO VHA FARM.
DO YOU GUYS HAVE ANY QUESTIONS FOR ME? ARE THEY PLANNING TO BE OPEN ALL YEAR ROUND OR JUST SEASON? OH, YEAR.
I WAS GONNA SAY, I'LL MAKE A MOTION
UH, I MOVE THAT THE MACK COUNTY BOARD OF ZONING APPEALS APPROVE SUSE 0 0 0 0 2 1
[00:30:03]
DASH 2025 A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 20, WHICH PERMITS FOUR TOURIST HOMES ON TAX PARCEL, 1 0 1 DASH A DASH THREE WITH THE FIVE CONDITIONS RECOMMENDED BY STAFF.DO WE HAVE A SECOND ON IT? I SECOND.
ALL IN FAVOR? UH, IT'S BEEN APPROVED.
UH, THAT THIS KIND OF ENDS THE PUBLIC HEARING.
DO WE HAVE ANY OTHER STAFF MATTERS THAT WE NEED TO, I JUST HAVE A FEW THINGS TO REPORT.
UH, FIRST AT THE LAST MEETING, WE HAD A DISCUSSION ABOUT, UH, SIGNS AND IN PARTICULAR, VDO T'S, UH, REQUIREMENTS FOR SIGNS UP AND DOWN ROUTE 13.
AND THERE WAS SOME CONFUSION, UM, CONFUSION ON MY PART TOO, BECAUSE WHILE, UM, I HAD KNOWN FOR A LONG TIME THAT YOU NEEDED 300 FEET BETWEEN BILLBOARDS ON ROUTE 13, IT WAS POINTED OUT THAT IN THE TOWNS, UH, IN A LOT OF PLACES, IT'S VERY CLEAR THERE'S NOT 300 FEET BETWEEN SIGNS.
SO I SPOKE TO VDOT ABOUT THAT, AND IT TURNS OUT THAT IN INCORPORATED TOWNS, THE RULE IS A HUNDRED FEET, UH, OUTSIDE INCORPORATED TOWNS, THE RULE IS 300 FEET FOR BILLBOARDS.
THAT'S WHY AS YOU GO THROUGH X MORE, YOU SEE, I DON'T KNOW IF IT'S EIGHT OR 10 SIGNS, RIGHT? ONE AFTER THE OTHER, I WOULD ASSUME EXACTLY A HUNDRED FEET APART.
AND IT CERTAINLY APPEARS TO BE NOT MUCH MORE THAN THAT.
WHILE, AND WHILE ONCE YOU GET OUTSIDE OF THE TOWNS, THE REQUIREMENT IS 300 FEET.
UM, AND I JUST, UH, ALSO WANTED TO LET YOU KNOW FOR THE MAY, UH, BZA MEETING WE HAVE RIGHT NOW, FOUR AND POSSIBLY FIVE APPLICATIONS.
WE HAVE ONE VARIANCE, UH, SUP FOR A CEMETERY, AN SUP FOR A, UH, UTILITY SHED WITHOUT A PRIMARY STRUCTURE AND A REQUESTED SUP AMENDMENT FOR, UH, SOME BILLBOARDS.
DO WE HAVE ANY OTHER MATTERS? IF NOT, WE'LL ENTERTAIN A MOTION FOR ADJOURN.