[00:00:01]
THIS MEETING OF THE QUEBEC COUNTY, UH, BOARD OF ZONING
[Board of Zoning Appeals on May 7, 2025.]
APPEALS IS NOW CALLED TO ORDER.WHEN YOUR NAME IS CALLED OR YOUR CASE IS CALLED, PLEASE COME FORWARD AND BE SWORN IN.
UH, I BELIEVE WE HAVE A QUORUM.
AND DO I HEAR A MOTION TO ADOPT THE AGENDA? SO MOVED.
UH, MOTION HAS BEEN MOVED AND VOTED ON AND APPROVED.
UM, ANY CHANGES OR ADDITIONS TO THE MINUTES? I DID NOT SEE ANY.
CAN I HAVE A MOTION TO APPROVE THE MINUTES? I MOVE TO APPROVE THE MINUTES OF THE LAST MEETING? OKAY.
MOTION HAS BEEN MADE AND SECONDED.
UH, WE WILL NOW PROCEED WITH THE PUBLIC HEARING.
UM, HI, I'M CJI JONES, CODE ENFORCEMENT OFFICER FOR ZONING.
UH, THE FIRST ONE'S GOING TO BE, UH, VARIANCE, UH, 0 0 0 0 3 7 20 25.
THIS IS, UM, THE MONROE ACCESSORY STRUCTURE AND THE VARIANCE REQUEST IS FROM THE ONE STORY HYATT RESTRICTION IN THE RESIDENTIAL DISTRICT.
UM, THIS IS THE BACKGROUND INFORMATION LEASE.
UM, THE PROPERTY LOCATION IS 83 B DASH ONE DASH 12, AND THE ADDRESS IS 1 5 2 2 5 LOCUST STREET.
UM, THE ACREAGE IS 0.37 ACRES.
UM, THE, UH, CURRENT ZONING IS RESIDENTIAL, THE FUTURE LAND USE RECOMMENDATIONS.
AGRICULTURAL, UM, THIS IS A PART OF A SUBDIVISION.
SO THERE ARE SINGLE FAMILY RESIDENCES ALL AROUND THIS PROPERTY.
SO THIS IS THE LOT IN QUESTION ZONE RESIDENTIAL.
UM, FUTURE ZONING IS AGRICULTURAL.
THIS MAP IS ACTUALLY KIND OF MISLEADING.
UM, IN TALKING WITH, UM, OUR STAFF, THE LOCATION IS NOT IN THE R PA.
AND THEN THIS IS THE FLOODPLAIN MAP.
UM, THESE ARE SOME PICTURES OF THE PROPERTY.
THIS IS AN EXISTING, UH, SHED.
THE, THE GARAGE WILL BE GOING MORE OR LESS IN THAT LOCATION.
UM, TOP RIGHT IS A VIEW FROM THE STREET, FROM THE PROPERTY.
UM, BOTTOM LEFT IS, UM, FROM THE STREET LOOKING BACK TOWARDS WHERE THE GARAGE WILL BE.
AND THE BOTTOM, THE BOTTOM RIGHT IS THE, UM, SAME PICTURE FROM THE ROAD LOOKING TOWARDS THE OPPOSITE END OF THE ROAD.
WE, UH, WE ARE, UH, FIVE FEET FROM, HERE WE GO.
WE ARE FIVE FEET FROM THE SIDE, LOT LINE, 20 FEET FROM THE REAR, 95 FEET FROM THE FRONT.
AND THIS IS THE, THIS IS THE, UH, ACCESSORY STRUCTURE THAT THEY WANT TO BUILD.
SO WE SEE, UM, STAIRS GOING UP TO THE SECOND FLOOR.
THERE'S THE LOFT SPACE, AND IT TOTALS, UH, 19 FEET, SIX AND A HALF.
SO NOW WE GET INTO THE QUESTIONS.
UM, WITH THE STRICT APPLICATION SLASH UNREASONABLE RESTRICTION, UH, VERSUS ALLEVIATING HARDSHIP FROM A PHYSICAL CONDITION, THE RESPONSE IS, UH, NO.
THE GARAGE IS BUILT IN A WAY THAT NECESSITATES VARIANCE.
THE APPLICANT COULD BUILD A STRUCTURE THAT IS ONE STORY TALL WITHOUT THE LOFT SPACE AND STILL BE IN COMPLIANCE.
UH, NUMBER TWO, WAS THE PROPERTY ACQUIRED IN GOOD FAITH? UH, YES.
THE SITE APPEARS TO HAVE BEEN ACQUIRED IN GOOD FAITH.
THE PROPERTY WAS CREATED IN 1948 BEFORE THE ZONING ORDINANCE WAS ADOPTED.
IT IS THE APPLICANT'S, UH, DECISION AS TO THE SIZE OF THE STRUCTURE.
UH, NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.
UH, NO DETRIMENTAL EFFECTS TO ADJACENT AND NEARBY PROPERTIES ARE ANTICIPATED.
UM, IS THIS A GENERAL OR RECURRING NATURE TO AMEND THE ZONING ORDINANCE TO ALLEVIATE THE SITUATION? THE ANSWER IS, THIS IS NOT A GENERALLY RECURRING SITUATION.
UH, HIDE VARIANCES ARE UNIQUE TO EACH CASE AND DOES NOT NECESSARILY NECESSITATE A CHANGE IN THE ORDINANCE.
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WOULD THIS USE RESULT IN A USE NOT OTHERWISE PERMITTED? UH, NO.THE PROPERTY IS ZONE RESIDENTIAL ACCESSORY STRUCTURES ARE ALLOWED BY RIGHT IN THAT DISTRICT IF A PRIMARY STRUCTURE IS PRESENT ON THE SITE.
AND NUMBER SIX, IS THE REMEDY SOUGHT AVAILABLE THROUGH SPECIAL EXEMPTION? THE ANSWER IS NO.
UM, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
UH, NO PUBLIC COMMENTS WERE RECEIVED FOR THIS APPLICATION.
THEREFORE, UH, THE PROPOSED ACCESSORY STRUCTURE REQUIRES A VARIANCE TO THE ONE STORY HEIGHT REQUIREMENT IN RESIDENTIAL ZONING BY BEING LESS THAN 30 FEET FROM THE PROPERTY LINE.
IT IS THE OWNER'S DECISION AS TO LOCATION AND HEIGHT OF THE ACCESSORY STRUCTURE.
THERE ARE TECHNICALLY OTHER OPTIONS AVAILABLE THAT WOULD REQUIRE, THAT WOULD NOT REQUIRE A VARIANCE.
UH, NUMBER THREE, THERE ARE NO DETRIMENTAL EFFECTS ANTICIPATED AS A RESULT OF THIS PROJECT.
AND, UH, THIS VARIANCE CASE ARISES OUT OF A BUILDING APPLICATION, UH, BLDR 0 0 0 0 6 4 20 25 THAT WAS APPLIED FOR ON JANUARY 16TH, 2025.
PROPOSING THE ACCESSORY STRUCTURE.
UM, STAFF DOES NOT TYPICALLY MAKE RECOMMENDATIONS ON VARIANCES.
HOWEVER, SHOULD THE BCA GRANT, THE VARIANCE STAFF, SUGGEST THE APPROVAL BE SUBJECT TO THE FOLLOWING THREE CONDITIONS.
UH, NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S BUILDING DEPARTMENT, THE VIRGINIA DEPARTMENT OF HEALTH, AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE PROPOSED ACCESSORY STRUCTURE.
UH, NUMBER TWO, THE BUILDING APPLICATION MUST BE CONSISTENT WITH THE VARIANCE APPLICATION.
AND NUMBER THREE, THE APPLICANT SHALL CLEARLY FLAG ALL FOUR CORNERS OF THE PROPERTY AND THE PROPOSED FOOTPRINT.
UM, SUBSET A OF THIS DELINEATION MUST BE CERTIFIED BY A LICENSED SURVEYOR TO ENSURE COMPLIANCE AND ACCURACY.
AND B, THE, UH, CORNER FLAGS SHALL REMAIN IN PLACE UNTIL THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY.
AND, UH, THIS IS THE RECOMMENDED MOTION AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.
ALSO, UM, MS. MONROE IS HERE IF YOU HAVE ANY QUESTIONS FOR HER.
AND EXCUSE ME, THE, WHAT IS THE HEIGHT THAT WOULD NOT REQUIRE A VARIANCE? SO, IN RESIDENTIAL ZONING, I WANT TO BE CLEAR.
BUT THE WAY THAT THE RESIDENTIAL PART OF THE ZONING ORDINANCE IS WRITTEN, IT DOES NOT GIVE A AMOUNT OF FEET.
SO, UH, THIS COME FROM SECTION 1 0 6 DASH 84.
UH, NUMBER FOUR, NO ACCESSORY BUILDING, WHICH IS WITHIN 30 FEET OF ANY PART OF A LOT LINE SHALL BE MORE THAN ONE STORY HIGH.
WE DO NOT HAVE A, WE DO NOT HAVE A, UM, HEIGHT AMOUNT IN RESIDENTIAL.
WE DON'T HAVE ONE IN RESIDENTIAL.
SO THE STRICT APPLICATION OF THE ZONING ORDINANCES, IF IT'S TWO FLOORS, WE NEED A VARIANCE.
UM, AS AN ASIDE, THIS IS THIS PART OF THE ORDINANCE WE ARE LOOKING AT BECAUSE IT DOES CREATE AN ISSUE.
SO, SO IF THAT SAME STRUCTURE WAS BUILT WITHOUT THAT LOFT, WE WOULDN'T BE DEALING WITH THIS.
THE WAY IT'S WRITTEN OUT, YES.
YOU WOULDN'T BE DEALING WITH THIS 'CAUSE IT'D ALL BE ONE FLOOR, OR IF IT WAS BUILT SOMEWHERE ZONED AGRICULTURE IN AGRICULTURE, IF YOU'RE, WELL, THEY WOULD STILL NEED TO COME HERE FOR A VARIANCE IF IT WAS ZONED AGRICULTURAL BECAUSE IT'S 19 FEET, 19 FEET, SEVEN OR 19 FEET.
UM, BECAUSE THE LIMIT IN AG IS 12 FEET, IF YOU'RE WITHIN 10 FEET OF A PROPERTY LINE.
SO WE WOULD, WE WOULD STILL NEED TO COME HERE FOR A VARIANCE.
AND I THINK THE PLANNING COMMISSION IS CURRENTLY ADDRESSING IT.
SO THE STRUCTURE THAT THEY PROPOSE IS A STORE AND A HALF MM-HMM
AND IF THEY WERE TO CONSTRUCT IT 30 FEET FROM THE LINE, THEY WOULDN'T NEED A BOUNCE, RIGHT? THAT IS CORRECT.
HOWEVER, I WILL, IF WE GO BACK TO THE SITE PLAN, UM, YOU COULD, YOU COULD CONCEIVABLY SEE HOW PUTTING IT THROUGH THE, THIS LOT'S VERY SMALL.
EAST POINT LOTS ARE VERY SMALL.
SO, UM, COULD THEY BUILD THIS IN ANOTHER AREA? POTENTIALLY? UM, BUT YOU'RE RUNNING INTO, UM, THERE'S A WELL HERE MM-HMM
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SEPTIC TANKS HERE, YOU HAVE THE HOUSE HERE.SO I MEAN, IT, IT WOULD BE A TIGHT SQUEEZE.
UH, MS. MONROE, DID YOU WANNA COME UP AND SPEAK AND HI, STATE YOUR NAME.
AND DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES, MA'AM.
SO, UH, FOR THIS STRUCTURE THAT YOU WOULD LIKE TO BUILD, IT'S GONNA TAKE THE PLACE OF THAT OLDER STRUCTURE THAT'S THERE.
SO THE NEWER ONE WOULD DEFINITELY LOOK BETTER,
AND BECAUSE THE HOUSE IS SO SMALL AND VERY LIMITED ON STORAGE, I HAVE NOWHERE TO PARK THE VEHICLE.
UM, AND SO THAT'S WHY I SUBMITTED THE PERMIT FOR THE TWO STORY TO PARK MY VEHICLE AND THEN USE THE REMAINING FOR STORAGE.
AND, AND SO THE SECOND FLOOR OR THE LOFT WOULD BE USED PRIMARILY FOR STORAGE? YES, MA'AM.
ANY OTHER QUESTIONS? AND I ALSO ASSUME ADDITIONAL ELEVATION WOULD GIVE YOU ROOM TO, UH, STORE THINGS AND ACCOMMODATE FOR POTENTIAL FLOODING? YES, THAT'S CORRECT.
IS THERE ANY, DID ANYONE SIGN UP TO SPEAK FOR THE NO, MA'AM.
UH, SO, UH, WOULD ANYBODY LIKE TO, I'LL MAKE THE MOTION, I MOVE THAT MACK COUNTY BOARD OF ZONING APPEALS APPROVED THE VARIANCE FROM THE ONE STORY HEIGHT RESTRICTION IN THE RESIDENTIAL DISTRICT PER AKIMA COUNTY CODE SECTION 1 0 6 DASH 84, WITH THE THREE CONDITIONS RECOMMENDED BY STAFF ON TAX PARCEL NUMBER 83 B DASH ONE DASH 12.
THIS WILL ALLOW FOR THE CONSTRUCTION OF A 22 BY 28 ACCESSORY STRUCTURE WITH A HEIGHT OF 19 FEET, SEVEN INCHES.
MOTION HAS BEEN MADE IN SECONDED.
SO MOVING ON, WE'VE GOT THE, UH, SUSE 0 0 0 0 5 3 20 25.
THIS IS FOR THE, UH, MR. MASON'S MANUFACTURED HOME.
THIS MANUFACTURED HOME IN THE GENERAL BUSINESS DISTRICT.
MISS, UH, BACKGROUND INFORMATION.
THE PROPERTY OWNER IS MARILYN SNEAD.
MS. MONROE, COULD YOU KIND OF SHIFT THAT OUTSIDE?
SO THE LOCATION IS, UH, 85 DASH A DASH 53.
AND THIS IS AT, UH, 2 1 0 6 6 FAIRGROUNDS ROAD OUTSIDE OF IN C**K.
UM, THE PROPERTY IS ABOUT ONE ACRE.
UM, THE ZONING IS GENERAL BUSINESS, FUTURE LAND USE RECOMMENDATION IS VILLAGE DEVELOPMENT AREA.
UM, THE, UH, PREVIOUS USE WAS RESIDENTIAL AND THE PROPOSED USE IS ALSO RESIDENTIAL ADJACENT ZONINGS ARE GENERAL BUSINESS, AND THE ADJACENT USES ARE FOR BUSINESSES AND, UH, RESIDENTIAL USES, SINGLE FAMILY DWELLINGS, THAT SORT OF THING.
THIS IS THE PROPERTY, UM, ZONE GENERAL BUSINESS, UM, IN THE VILLAGE DEVELOPMENT AREA FOR FUTURE LAND USE.
UM, NOT IN THE RPA AND NOT IN THE FLOOD ZONE.
AND THIS IS PICTURES OF THE PROPERTY.
SO THE TOP LEFT AND THE BOTTOM LEFT ARE PICTURES FROM THE PROPERTY.
UM, THIS IS FAIRGROUNDS ROAD GOING TOWARDS THE ROUNDABOUT.
THIS IS FAIRGROUNDS ROAD, LIKE YOU'RE GOING TOWARDS THE C**K.
UM, THIS IS A PHOTO OF THE SITE WHERE THE DWELLING IS GOING TO BE LOCATED.
AND THIS IS FROM ONE OF THE CORNERS OF THE, UM, MANUFACTURED HOME.
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TOWARDS THE ROAD.UM, THIS IS THE SITE PLAN FOR THE PROPOSED STRUCTURE.
AND NOW WE GO INTO CONSIDERATIONS FOR SPECIAL USE PERMITS.
UH, NUMBER ONE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
UH, NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES, UH, NO ADVERSE IMPACT WILL RESULT.
UM, I GUESS IN THE INTEREST OF TIME, I'LL PARAPHRASE, UM, NO ADVERSE IMPACTS ARE ANTICIPATED.
UM, AND THE, THE MANUFACTURED HOMES ARE ALLOWED BY SPECIAL USE PERMIT AND BUSINESS ZONING AND GRANTING THE SPECIAL USE PERMIT WOULD ALLOW FOR THE PLACEMENT OF A MANUFACTURED HOME WHERE OTHER RESIDENTIAL STRUCTURES WERE LOCATED.
ALSO, THIS PROPERTY HAD PREVIOUSLY HAD A RESIDENTIAL STRUCTURE ON IT.
UH, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
NO PUBLIC COMMENTS WERE RECEIVED.
UH, STAFF FINDINGS, A PERMIT WAS APPLIED FOR IN 2024 FOR THE PLACEMENT OF THE MANUFACTURED HOME.
THE PROPERTY IS OWNED, GENERAL BUSINESS AND RESIDENTIAL USES ARE ALLOWED BY A SPECIAL USE PERMIT.
UH, AND NO ADVERSE IMPACTS WERE REVOLT.
FROM THE PLACEMENT OF THE MANUFACTURED HOME.
UM, STAFF RECOMMENDS APPROVAL OF SUSE 0 0 0 0 5 3 20 25, A SPECIAL USE PERMIT PURSUANT TO ACK COUNTY CODE SECTION 1 0 6 DASH 4 0 3 7, WHICH ALLOWS FOR SINGLE FAMILY DWELLINGS IN THE BUSINESS DISTRICT.
SHOULD THE BZA APPROVE THE SPECIAL USE PERMIT, THE STAFF RECOMMENDS THE FOLLOWING TWO CONDITIONS.
UH, NUMBER ONE, THE APPLICANT SHALL OBTAIN A BUILDING PERMIT FROM THE COUNTY'S BUILDING DEPARTMENT.
THE APPLICANT SHALL ALSO COMPLY WITH VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE VIRGINIA DEPARTMENT OF HEALTH.
AND NUMBER TWO, THE BUILDING APPLICATION SHALL BE CONSISTENT WITH THIS APPLICATION.
UM, THAT'S YOUR MOTION AND, UH, I CAN ANSWER ANY QUESTIONS THAT YOU HAVE.
ANYBODY HAVE ANY QUESTIONS? UH, MR. MASON'S ALSO HERE IF YOU WANT TO TALK TO HIM.
MR. MASON, WOULD YOU LIKE TO COME UP AND, GOOD MORNING.
WOULD YOU STATE YOUR NAME? EDDO MASON.
AND DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES, I DO.
SO YOU'RE LOOKING TO HAVE A NEW HOME? YES.
WELL, WE MOVED FROM DELAWARE TO DOWN HERE, SO WE HAD TO REMOVE THAT OLD HOME TO PUT THE NEW HOME ON THAT PROPERTY.
IS THERE ANYONE ELSE IN THE AUDIENCE THAT WANTED TO SPEAK TO THIS OR? THERE'S NO ONE SIGN.
SO YOU'VE DONE A LOT OF WORK TO CLEAN THE SITE UP? YES, SIR.
THANK, UH, JUST ONE POINT OF CLARIFICATION, OF COURSE, YOU'RE AWARE THAT THIS IS OWN BUSINESS? YES.
SO BUSINESSES CAN LOCATE IN PROXIMITY OF YOU AND YOU'RE AWARE OF THE PROPOSED DEVELOPMENT AROUND THERE? YES.
I MAKE A MOTION, I MOVE TO ACK COUNTY BOARD OF ZONING APPEALS APPROVED SUSE 0 0 0 5 3 DASH 2 0 2 5.
A SPECIAL USE PERMIT PURSUANT TO MACK COUNTY CODE SECTION 1 0 6 DASH 4 0 3 7, WHICH ALLOWS FOR SINGLE FAMILY DEVELOPMENTS IN BUSINESS DISTRICT FOR TAX.
MAP NUMBER 85 DASH A DASH 53 WITH THE CONDITIONS RECOMMENDED BY STAFF.
MOTION HAS BEEN MADE IN SECONDHAND.
I DON'T THINK WE'VE HAD ANYBODY CLAP.
AND, UH, THIS IS THE, UH, VELU SIGN AMENDMENT.
THIS IS, UH, SUSE 0 0 0 0 4 1 20 25.
THIS IS AN AMENDMENT TO AN EXISTING SIGN.
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GIMME ONE MINUTE.OKAY GUYS, JUST WANT TO GIMME FIVE MINUTES.
I KIND GO BACK IN FIVE MINUTES.
THAT'S THE THING WITH TECHNOLOGY, YOU NEVER KNOW.
NOW, IF WE WERE IN LOCUST, I COULD UNDERSTAND IT, BUT I ALWAYS THINK KMAC WOULD DO A BETTER JOB OF HAVING
OH REALLY? I DON'T KNOW IF IT WAS HERE OR AT THE PLANNING COMMISSION.
EVERYTHING THEY PUT UP, IF THERE WAS A CAPITAL LETTER, IT WAS HERE.
IT TOOK THE, IT DIDN'T PUT IT IN, IT TOOK IT OUT.
SO I'VE NEVER SEEN ANYTHING LIKE THAT.
HOW'S YOUR STUFF DOWN WHERE YOU LIVE? THAT'S, YOU'RE KIND OF OUT IN THE HIT THEIR HINTERLAND, AREN'T YOU? I BE FLOATING THE LAST THREE ON HIS THUMB DRIVE, SO HE'LL RIGHT BACK IN AND SHOULD BE ABLE TO PLUG IT RIGHT IN AND PULL IT UP.
THE, THE WELL, I HAVEN'T PLANTED ANYTHING DOWN THERE YET.
HOW'S YOUR INTERNET DOWN THERE? WELL, I'VE GOT A STARLIGHT.
OH, IS THAT RIGHT? YEAH, IT'S PER, IT'S GOOD.
THAT'S SOMETHING WHEN MY, MY KIDS, OUR KIDS, MY ADULT CHILDREN, WHATEVER,
AND IT WAS THE GAME OF THRONES.
AND I WAS HORRIFIED BECAUSE IF IT, IF WE CAN'T GET IT TO WORK, THEY'LL SAY, WE AIN'T COMING BACK TO SEE YOU
AND WE MANAGED TO GET IT TO WORK.
YOU MANAGED TO GET IT TO WORK.
SO NOW THAT I, NOW THAT I GOT, THEY KNOW I HAVE STARLINK NOW, SO IT'S OKAY.
WELL, WE'RE ON VERIZON AND WE HAVE A LOT OF BUFFERING.
IT'S, UH, IT'S LIKE IN AND OUT SPECTRUM.
SO, AND, AND THEN THEY, UH, THEY HAD A, UH, SURVEY DONE MM-HMM
AND THEY SAID, WELL, UH, THEY COULD PROBABLY GET TO YOU, BUT IT'S NOT GONNA BE CHEAP
SOUNDS LIKE, LIKE CHECK THAT OUT.
WELL, DO YOU HAVE A SATELLITE DISH OR IS IT IT'S A SQUARE FLAT PLATE.
IT'S, YOU KNOW, IT'S A $500 EXPENSE AND THEN HUNDRED, BUT, BUT I DUNNO, IT COMPLETELY TRANSFORMED EVERYTHING.
THAT'S ANOTHER THING OUT OF MY BUDGET.
IT'S, OH, WELL, IT'S WORTH IT IF IT, YOU KNOW.
YOU KNOW, BEFORE I HAD, I HAD SIX MEGABITS PER SECOND DOWNLOAD RATE, AND THIS IS AROUND 200.
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COOL.AND I'VE GOT, AT MY SHOP, I HAVE SPECULUM.
I MEAN, IT'S FINE, BUT THEY HAVE INTERRUPTIONS.
NOT QUITE PERFECT, BUT, BUT STILL GOOD.
BETTER THAN VERIZON, I WOULD SAY.
YOU NEED TO GET RID OF THAT DSI.
YEAH, THAT'S, AND I HAD A LANDLINE, A NUMBER I'D HAD FOR OVER 40 YEARS, AND I GOT RID OF THAT.
YOU GOT RID OF THAT COMPLETELY.
BECAUSE VERY FEW PEOPLE STILL HAVE A, BUT THE ONLY REASON I HAD IT WAS BECAUSE OF THE INTERNET.
DID YOU ALL GO TO THE SEAFOOD FESTIVAL SATURDAY? DID YOU? 65 NOW WHEN I WAS 25.
WELL, YOU KNOW, WHEN THE CHAMBER DID IT, IT WAS, IT WAS A HOLIDAY.
YOU KNOW, ALL THEY GOT ALL THE HIGH SCHOOL KIDS TO COME HELP.
AND TEACHERS AND ALL THE COMMUNITY AND DIDN'T LET THAT TAKE OVER.
I HAVEN'T BEEN, I HAVEN'T FOR YEARS.
IT USED TO BE A BIG DEAL AT THE BANK WHEN I WORKED AT THE BANK.
THE PEOPLE WERE COMING FROM ACROSS THE BAY AND HALF THE PEOPLE WANTED IT ALL FROM WORK.
AND WHEN I WAS DOING GROWING TOMATOES, YOU KNOW, WE WERE VERY BUSY EVERY YEAR.
BOY, I FOUND TIME TO GO, TO GO.
AND THE, THE, UH, POTATO AND VEGETABLE GROWERS ASSOCIATION COOKED SWEET POTATOES.
AND THEN THEY HAD THE FRESH PREPPING MACHINE, ALL THAT STUFF, WHAT WE GOT THERE.
SO THE, THE NEXT ONE IS, UH, CONELLO SIGNED AMENDMENT, SUSE 0 0 0 0 4 1 20 25.
AMENDMENT TO THE SIGN, UH, SPECIAL USE PERMIT.
UM, MR. UH, VELO IS THE APPLICANT AND THE PROPERTY OWNER.
UM, THIS ENCOMPASSES TWO PROPERTIES, UH, 27 DASH A DASH EIGHT AND 27 DASH A DASH FOUR.
AND IT'S, UH, ONE, UH, 6 1 7 6 LANGFORD HIGHWAY.
UH, THE TOTAL OF THE TWO, UH, PARCELS IS 19 ACRES.
UM, THE ZONING IS GENERAL, UH, GENERAL BUSINESS, THE FUTURE LAND USE RECOMMENDATIONS AG UH, ADJACENT ZONINGS ARE GENERAL BUSINESS, AND THE ADJACENT USES ARE BUSINESS AND RESIDENTIAL.
UM, THIS IS AN OUTLINE OF THE PROPERTY.
UM, IT'S NOT IN AN RPA, IT'S NOT IN A FLOOD ZONE.
UM, THIS IS THE, UH, FUTURE LAND USE MAP SHOWING AG.
AND THIS IS WHAT IT IS NOW, WHICH IS, UH, BUSINESS ZONING FOR BOTH PARCELS.
SO IT'S, UH, THIS PARCEL AND THAT PARCEL RIGHT THERE.
UM, THESE ARE SOME PICTURES OF THE BILLBOARDS.
UM, THESE DO FRONT ON LANGFORD HIGHWAY.
UH, TOP LEFT IS THE SOUTHERN BILLBOARD.
UM, THE BOTTOM LEFT IS THE NORTHERN BILLBOARD.
THIS IS ALSO A CLOSEUP OF THAT SOUTHERN BILLBOARD FROM EARLIER.
AND THIS IS FROM THE NORTHERN BILLBOARD, UH, DOWN
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LANGFORD HIGHWAY.AND, UH, THIS IS THE REASON FOR THE AMENDMENT.
THIS IS THE SITE OR A, UM, A LOT LINE ADJUSTMENT PLAN.
UM, BASICALLY WHAT THE APPLICANT WANTS TO DO IS TO INCORPORATE THE SECOND BILLBOARD INTO 27 DASH A DASH EIGHT.
27 DASH EIGHT DASH FOUR IS UP HERE.
UM, SO HE'S TAKING THIS LINE AND GOING LIKE THIS TO INCORPORATE THE SECOND BILLBOARD ONTO ONE PARCEL.
THIS IS AN AMENDMENT, BUT IT WILL STILL GO THROUGH THE CONSIDERATION FOR SPECIAL USE PERMITS.
UH, NUMBER ONE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
AND, UH, NO ADVERSE IMPACT IS ANTICIPATED.
THE PHYSICAL LOCATION OF THE BILLBOARDS IS NOT CHANGING.
NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES, UH, NO ADVERSE IMPACT WILL RESULT.
NUMBER THREE, WHETHER THE PROPOSED USEFUL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
GENERALLY, BILLBOARDS DO NOT FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
IN THIS CASE, THE BILLBOARDS WERE PREVIOUSLY APPROVED BY THE BOARD OF ZONING APPEALS.
SO NO FURTHER IMPACT TO THE COMMUNITY IS ANTICIPATED.
UH, NUMBER FOUR, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS, UH, NO ADVERSE IMPACT WILL RESULT.
THE PROPERTY IS NOT LOCATED NEAR ANY SUCH AREAS.
UH, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING A NEARBY PROPERTY OWNERS, UH, NO ADVERSE IMPACT IS ANTICIPATED.
UM, AND AGAIN, THIS WAS PREVIOUSLY APPROVED AT A, UH, I BELIEVE A 2023 BZA HEARING.
UH, NUMBER SIX, WHETHER THE PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, THE USE WILL NEITHER HINDER OR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
UH, NUMBER SEVEN, WHETHER THE PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICES, UM, OFF PREMISES SIGNS SUCH AS, SUCH AS THESE ARE ALLOWED BY SPECIAL USE PERMIT.
SUSE 5 35, 20 23, AND SUSE 5 36 20, I SHOULD SAY 2023, UM, ALLOWED FOR ONE BILLBOARD ON EACH PARCEL.
SO 27 A FOUR AND 27 AA GOT ONE PARCEL.
UH, AND NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE, UM, ALLOWING THE SUP IS NOT JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.
UH, THIS REQUEST IS SPECIFIC TO THE OWNERS OF THE BILLBOARDS, WITH THE CAVEAT OF THIS WAS PREVIOUSLY APPROVED IN ANOTHER BZA MEETING.
UM, PUBLIC COMMENT NOTICES WERE PROVIDED, UM, IN THE NEWSPAPER INTO ADJACENT OWNERS.
NO PUBLIC COMMENTS WERE RECEIVED.
UH, WE ALSO HAVE A ZONING VIOLATION FOR A SIGN THAT WAS ERECTED ON 27 DASH A DASH FOUR WITHOUT A PERMIT.
UM, STEPS ARE BEING TAKEN TO BRING THE SIGN IN INTO COMPLIANCE.
HE HAS APPLIED FOR A BUILDING FOR AN AFTER THE FACT BUILDING PERMIT FOR THE SIGN.
THAT SIGN, UM, IS ALLOWED BY WRIGHT BECAUSE IT'S ADVERTISING HIS BUSINESS.
THE BILLBOARDS ON 27 DASH A DASH EIGHT AND 27 DASH A DASH FOUR WERE ALLOWED BY SPECIAL USE PERMIT.
THE OWNER WISHES TO CONSOLIDATE THE TWO BILLBOARDS ONTO 27 DASH A DASH EIGHT AND NO DETRIMENTAL EFFECTS ARE ANTICIPATED FOR THE SURROUNDING AREA.
ALL SORTS OF ALL SORTS OF STUFF.
SHOULD THE BCA APPROVE THIS SPECIAL USE PERMIT, THE STAFF RECOMMENDS THE FOLLOWING FIVE CONDITIONS.
UM, THE APPLICANT SHALL SUBMIT A PLAT AND GO THROUGH THE APPROVAL PROCESS FOR THE LOT LINE ADJUSTMENT.
AS ASIDE TO THAT, UM, THE REASON THAT WE'VE DECIDED TO DO A SPECIAL USE PERMIT HEARING IS BECAUSE, UH, SOMETHING WAS SUBMITTED TO OUR OFFICE.
SO THE LOT LINE ADJUSTMENT PLAT WAS SUBMITTED TO OUR OFFICE, AND THAT'S WHEN WE FOUND OUT WE PROBABLY NEED TO COME HERE FOR AN AMENDMENT.
UM, NUMBER TWO, THE APPROVAL OF THIS SPECIAL USE PERMIT AS USE 0 0 0 0 4 1 20 25 SHALL SUPERSEDE ALL PREVIOUS APPROVALS FOR OFF-PREMISES SIGNS.
AND THOSE TWO CASES WOULD BE SUSE 5 35 20 23 AND SUSE 5 36 20 23.
[00:35:01]
NUMBER THREE, THE APPLICANT SHALL BRING THE SIGN THAT WAS ERECTED WITHOUT A PERMANENT INTO COMPLIANCE.LIKE I SAID, WE'RE, WE'RE WORKING THROUGH THAT.
UM, NUMBER FOUR, THE SIGNS SHALL BE PROPERLY MAINTAINED AT ALL TIMES.
THE SPECIAL, THE SPECIAL USE PERMIT SHALL BE VOIDED IF THE SIGNS ARE FOUND TO BE IN DISREPAIR.
AND NUMBER FIVE, UM, THESE SIGNS SHALL HAVE THE SPECIAL USE PERMIT CASE NUMBER AFFIXED FOR IDENTIFICATION PURPOSES.
A METAL PLATE WITH, UH, THREE INCH ADHESIVE LETTERS AND NUMBERS SHALL BE ATTACHED TO THE LOWER LEFT HAND PORTION OF THE SIGNS IN ORDER TO DISPLAY THE CASE NUMBER FOR THE SPECIAL USE PERMIT.
UH, THERE'S THE RECOMMENDED MOTION AND I CAN ANSWER ANY QUESTIONS.
ALSO, MR. VELO IS HERE IF YOU HAVE ANY QUESTIONS FOR HIM.
SO WHAT IS THE, UH, ADVANTAGE OF DOING THIS? I, UH, THAT'S PROBABLY A BETTER QUESTION FOR MR. TAN.
WOULD YOU STATE YOUR NAME? RALO.
AND DO YOU SWEAR TO TELL THE WHOLE TRUTH, SO HELP YOU GOD? YES.
SO THE WHOLE REASON FOR ME TO DOING THIS IS I'M CONSOLIDATING THE, BOTH THE BILLBOARDS IN ONE PARCEL I CAN GET.
NOW, THERE ARE TWO DIFFERENT PARCELS.
I NEED TO GET TWO DIFFERENT INSURANCES, LIABILITY PURPOSES, ALL OF THEM LEGAL WISE, IT'S EASY FOR ME TO MAKE IT IN ONE PARCEL, BETTER INSURANCE.
AND ALSO IN CASE IF I SELL, DECIDE TO SELL ONE PARCEL, I CAN KEEP THE BILLBOARD IN ONE PARCEL, MAKES MORE BUSINESS SENSE, MORE, MORE MAKE MORE BUSINESS.
THE OTHER ONE IS A TRAILER PARK.
SO I'M CONSIDERED ALL, ALL OF THIS, THIS PROBABLY MY LONG-TERM HOLDING THIS PARCEL.
SO I WANNA KEEP, I SPENT A LOT OF MONEY PUTTING THOSE BILLBOARDS INTO BILLBOARDS SINCE I WANT TO KEEP THIS AS A LONG-TERM HOLDING.
UH, I ASSUME NO ONE ELSE SIGNED UP TO, TO TALK.
UH, WOULD YOU LIKE TO MAKE A SURE.
I MOVE THAT TO AKIMA COUNTY BOARD OF ZONING APPEALS APPROVE SUSC 0 0 0 0 4 1 DASH 2025 AN AMENDMENT TO SUSE 0 0 0 5 3 6 DASH 2 0 23 TO ALLOW FOR TWO BILLBOARDS FOR TAX MAP PARCEL 27 A A WITH THE FIVE CONDITIONS RECOMMENDED BY STAFF.
OH, WAIT, WE NEED, UH, SO THE MOTION HAS BEEN MADE.
THE MOTION HAS BEEN MADE AND SECONDED.
UH, GOOD MORNING, PAUL WATSON.
UM, THE NEXT APPLICATION IS ANOTHER AMENDMENT, UH, FOR SEA BAY, VIRGINIA, OR THE NATURE CONSERVANCY FOR THEIR WETLANDS MITIGATION BANK THAT WAS APPROVED A FEW YEARS AGO.
UM, WHILE WE'RE FIXING THIS, UM, I CAN GIVE THE BOARD SOME GENERAL INFORMATION.
UH, THIS WAS ACTUALLY IN FRONT OF THE WETLANDS BOARD ON MONDAY AND WAS APPROVED ON MONDAY, UH, BY THE WETLANDS BOARD.
UM, MY UNDERSTANDING, IT'S TAKEN A WHILE TO GET THROUGH THE VARIOUS REGULATORY PROCESSES, UH, FOR THIS WETLANDS MITIGATION BANK.
AND THAT'S WHY THE BZA ORIGINALLY HEARD IT BACK IN 2023.
AND IT'S FINALLY NOW COMING ONLINE OR INTENDED TO COME ONLINE SOMETIME IN THE NEXT MONTH OR TWO.
UM, AND JUST GENERAL BACKGROUND, UH, FOR YEARS, THE POLICY WITH THE WETLANDS BOARD WAS TO HAVE, UH, WHAT THEY CALL AN IN LIEU FEE OF $18 A SQUARE FOOT.
SO IF YOU, UH, DESTROYED OR AFFECTED WETLANDS, UH, THE SQUARE FOOTAGE THAT YOU AFFECT OR DESTROYED, UH, WOULD BE PAID INTO A FUND THAT THE COUNTY WOULD ADMINISTER AND THEN USED TO CREATE WETLANDS WHEN THE COUNTY HAD ENOUGH MONEY ACCUMULATED TO DO SO.
IT TAKES, I THINK, AT LEAST A HUNDRED THOUSAND OR A FEW HUNDRED THOUSAND TO DO A DECENT PROJECT.
AND JUST WITHIN THE PAST THREE, FOUR MONTHS, UH, THE STATE OF VIRGINIA HAS ADOPTED A NEW POLICY WHERE THE COUNTIES DO NOT, UH, TAKE IN LIEU FEES, OR AT LEAST IT'S WAY DOWN THE LIST.
YOU HAVE TO GO THROUGH SEVERAL OTHER OPTIONS BEFORE YOU GET TO THAT OPTION.
AND I THINK THE REASONING IS WE HAVE A FEW DOZEN COUNTIES WITH 10, 20, MAYBE $50,000 IN ACCOUNTS THAT HAD BEEN SITTING THERE FOR 10 YEARS, FIVE, 10 YEARS, AND NOTHING WAS TO BE DONE.
SO NOW THE POLICY IS TO, UH, THE NUMBER ONE OPTION IS TO PAY THE MONEY INTO SOMETHING CALLED VARTA, WHICH IS A STATE OF VIRGINIA
[00:40:01]
ADMINISTERED FUND THAT WILL THEN, UH, ACCUMULATE ALL THE MONEY FROM ALL THE COUNTIES AND, AND HAVE ENOUGH MONEY OO OBVIOUSLY WITH THAT ACCUMULATION OF MONEY TO CONTINUOUSLY, UM, BE CREATING WETLANDS PROJECTS.AND THIS IS A VAR TIFF PROJECT, UM, WHICH IS, UH, TO BE USED FOR, SINCE IT'S ON THE, UH, EASTERN SIDE OF EASTERN SHORE, TO BE USED EXCLUSIVELY FOR ATLANTIC OCEAN AREA WETLAND MITIGATION.
UM, IF YOU GO ON THE CHESAPEAKE SIDE, THAT WOULD BE, OR ON THE WESTERN, UH, THE WESTERN SHORE OF THE EASTERN SHORE, THAT WOULD BE EXCLUSIVELY FOR CHESAPEAKE BAY WETLAND MITIGATION.
UM, SO THAT WAS THE PURPOSE OF THIS PROJECT, WAS TO CREATE A VARTA FUND THAT THE LOCAL WETLANDS PROJECTS CAN, UH, BUY CREDITS.
MY UNDERSTANDING THE CREDITS, THEY'RE MARKET DRIVEN, BUT WILL BE A LITTLE HIGHER THAN $18 A SQUARE FOOT, BUT MAYBE SOMEWHERE IN THE 20 TO LOW 20, UH, SQUARE FOOT NOW.
UM, THE APPLICANT IS SEA BAY, VIRGINIA, AND THESE ARE THE PROPERTY HOLDERS, HLB HOLDINGS AND CKHC.
UM, I BELIEVE THESE ARE ALL NATURE CONSERVANCY ENTITIES.
AND, UH, BASICALLY THIS IS A 92 ACRE, UH, SITE, UM, PRESENTLY USED FOR FARMING.
AND, UH, THE FIELD WILL STILL BE A FIELD, BUT THE AREA CLOSER TO THE CREEK, UM, WILL BECOME THE WETLANDS MITIGATION BANK.
UM, ADJACENT, ADJACENT ZONING IS AGRICULTURAL IN THERE, A FEW HOUSES IN THE VICINITY, UM, BOTH EAST AND WEST OF THE SITE.
YOU CAN SEE A PAINTER IN THE TOP LEFT HAND CORNER AND COAL KILN, THE ROAD THAT GOES OVER TO, UH, TO SEASIDE ROAD.
AND THEN, UM, YOU SEE IN THE OUTLINE IN RED IS THE AREA FOR THE WETLAND MITIGATION BANK.
THESE AREAS ARE THE AREAS THAT WILL BECOME WETLANDS.
AND THIS AREA IS FOR THE SPOILS IN THAT FIELD.
AND THIS IS OBVIOUSLY THE CREEK WITH THE OUTFALLS.
AND SO THE IDEA IS THAT THE, UH, TIDAL WATERS WILL BE GOING IN AND OUT OF THESE AREAS.
UH, THESE ARE SOME PICTURES I TOOK.
THIS IS LOOKING FROM THE FIELD, OR AT LEAST CLOSE TO THAT FIELD WHERE THE SPOILS WILL GO BACK TOWARDS THE ROAD AND THE CREEK.
AND HERE'S LOOKING ACROSS THE ROAD INTO THE CREEK WHERE THE WILL GO.
UM, AND, UH, MOVING FORWARD TO THE TWO, UH, REQUESTED AMENDMENTS.
THE FIRST IS TO, UM, EXTEND THE PERMIT TWO YEARS.
IT WOULD, UH, BE EXPIRING, I BELIEVE, JUNE THE SEVENTH OF 2025.
AND THEY'RE ASKING FOR A TWO YEAR EXTENSION OF THE PERMIT TO JUNE 7TH, 2027.
AND THE SECOND REQUEST IS THAT AT THE TIME THE BZA, UH, OKAY, HERE'S LOOKING OUT TOWARDS THE CREEK, UM, OVER TO THE ATLANTIC OCEAN SIDE.
AND THE SECOND ONE IS TO REMOVE, UH, CONDITION NUMBER SIX.
THERE WAS CONCERN AT THE TIME SINCE, UH, THE NATURE CONSERVANCY DID NOT OWN AN ADJACENT PARCEL THAT THE CREATION OF ADDITIONAL, WE ADDITIONAL WETLANDS WOULD CREATE ADDITIONAL, UH, BUFFER AREAS ADJACENT TO THE WETLANDS THAT WOULD AFFECT THE NEIGHBOR.
UM, THEY NOW OWN THAT PARCEL, SO THERE'S NO, UH, CONCERN ABOUT THE BUFFER AREA.
THE BUFFER IS WHERE YOU HAVE TO GET SPECIAL PERMISSION TO BUILD.
UM, SO THERE'S NO CONCERN ANYMORE ABOUT AN EXTENSION OF A BUFFER AREA THAT MIGHT AFFECT A NEIGHBOR'S ABILITY TO BUILD SOMETHING SINCE THEY OWN THE PROPERTY.
NOW, UM, NOTICES WERE PROVIDED IN THE PAPER.
WE HAVE NOT RECEIVED ANY PUBLIC COMMENTS AND, UM, WOULD CERTAINLY BE HAPPY TO ADDRESS ANY OF THESE, UH, INDIVIDUALLY.
BUT WITH THE TYPE OF REQUEST THAT IS, UH, THAT WE HAVE
[00:45:01]
HERE, I DIDN'T SEE THESE REQUESTED AMENDMENTS AS REALLY AFFECTING ANY OF THE CONSIDERATIONS SINCE THIS WAS ALREADY, UM, GRANTED.UM, IF THE BOARD WOULD LIKE, IF THE BOARD HAS ANY QUESTIONS ABOUT THESE, UH, SPECIFICALLY, I'D BE HAPPY TO ANSWER THEM.
UM, UH, LIKE I SAID BEFORE, ON MONDAY, MAY 5TH, THE WETLANDS BOARD APPROVED THE PROJECT.
UH, THEY HAVE NOW, UH, PURCHASED THE NEIGHBORING PROPERTY.
SO THE RPA BUFFER CONDITION NUMBER SIX IS NO LONGER A CONCERN.
AND, UM, WE RECOMMEND APPROVAL OF THE REQUESTED AMENDMENTS.
UH, THE LAST THING I HAVE TO SAY IS I WAS, I DID GET AN EMAIL, UM, FROM MR. STUTZ OF THE CONSULTING FIRM THAT HAS, UH, BEEN, UH, MAKING THESE APPLICATIONS THIS MORNING.
UH, SAID HE WAS, HAD LEFT RICHMOND.
I'M NOT EXACTLY SURE WHERE HE WAS, BUT HE, THAT HE WAS HAVING CAR TROUBLE AND WOULD NOT BE ABLE TO BE HERE THIS MORNING.
AND HERE IS THE, UH, SUGGESTED MOTION.
I'LL JUST, I'LL JUST MAKE A COMMENT THAT, YOU KNOW, UH, IN, IN THE AG COMMUNITY, THIS IS A TYPE OF, OF, UH, WHAT OUR INTENT WAS TO SUPPORT SOMETHING LIKE THIS.
THIS IS MARGINAL LAND, NOT REALLY SUITABLE FOR FARMING ANYMORE, BEING USED FOR THE WETLAND MITIGATION WHERE OUR OPPOSITION WAS WHEN PRIME FARM LAND WAS TAKEN AND, AND TAKEN OUT OF AGRICULTURAL PRODUCTION FOR WETLAND MITIGATION.
UM, IT HAS BEEN REPRESENTED TO ME THAT THIS WAS LESS THAN IDEAL LAND, UM, AND HAD BEEN FLOODED IN THE PAST AND HAD NOT BEEN PRODUCTIVE RECENTLY.
SO IN THAT REGARD, IT'S A POSITIVE USE FOR THE LAND.
BUT, UH, WHEN THE AG COMMUNITY ROSE IN OPPOSITION TO THE CASE IN NORTH HAMPTON COUNTY, THAT WAS BECAUSE IT WAS GOOD FARMLAND, REASONABLY GOOD FARMLAND TAKEN OUTTA PRODUCTION.
UM, I WAS IN NORTH HAMPTON AT THE TIME.
THERE WAS, UH, QUITE A BIT OF DEBATE.
UH, ANY OTHER QUESTIONS? DO A MOTION OR GO AHEAD.
I MOVE THAT ABA COUNTY BOARD OF ZONING IN APPEALS APPROVE THE REQUEST REQUESTED AMENDMENT TO SUSE DASH 0 0 0 4 8 3 DASH 2023, EXTENDING THE EXPIRATION DATE TO JUNE 7TH, 2027, AND ELIMINATING CONDITION NUMBER SIX, BUT KEEPING THE FIRST FIVE CONDITIONS.
IS THAT CORRECT? THAT IS CORRECT.
UH, WE HAVE TO LOAD 'EM INDIVIDUALLY NOW.
AND THE FINAL APPLICATION FOR TODAY IS FOR ST.
GEORGE'S EPISCOPAL CHURCH FOR THE USE OF A PARCEL ACROSS THE ROAD FROM THE CHURCH AS A CEMETERY.
UH, THE ACTUAL APPLICANT IS THE TRUSTEES OF ST.
UM, THIS IS IN BOB TOWN ROAD, IN PUN, TEAGUE.
AND IT'S ABOUT A 1.5 ACRE LOT.
UH, FUTURE LAND USE IS RURAL SETTLEMENT AREA.
UH, IT'S A VACANT LOT, UM, MOSTLY CLEARED, BUT IT IS SOMEWHAT WOODED AND, UH, THERE IS RESIDENTIAL, I GUESS YOU COULD SAY.
I THINK THERE'S A S THERE'S A SLENDER LOT IN BETWEEN THIS, THIS PARCEL AND A, AND A AND A RESIDENCE, BUT IT'S NOT TOO FAR AWAY.
AND HERE ARE, HERE, HERE IS THE AERIAL.
IT IS NO LONGER, UH, WOODED TO THAT EXTENT.
I'LL HAVE A SURVEY A LITTLE LATER THAT WILL SHOW EXACTLY THE EXTENT OF THE CLEARED AREA.
UH, THIS SHOWS THE RESIDENTIAL ZONING AND THE, UH, FUTURE LAND USES RURAL SETTLEMENT AREA.
UH, THIS SHOWS, UM, ANY CHESAPEAKE BAY ACT CONSIDERATIONS.
IT'S NOT IN AN RPA AND NOT IN A FLOOD ZONE.
AND HERE ARE PICTURES OF, FROM THE PRESENT GRAVEYARD LOOKING, UH, DIRECTLY ACROSS THE STREET THAT IS THE CLEARED PARCEL.
[00:50:01]
UH, THEY'RE REQUESTING FOR THE CEMETERY, UH, TO BE PLACED ON.AND HERE'S A VIEW OF MORE TO THE, UH, NORTHEAST, UH, LOOKING AT THAT SAME PARCEL.
AND HERE IS A SURVEY SHOWING THE PARCEL.
AND THIS IS OF COURSE ACROSS THE STREET FROM THE CHURCH AND SHOWN THE WOOD LINE AND THE CLEARED AREA.
AND HERE ARE THE CONSIDERATIONS.
UM, OF COURSE THE CHURCH, UH, HAS A GRAVEYARD BETWEEN THE CHURCH AND BOB TOWN ROAD ALREADY.
THIS WOULD BE AN ADDITIONAL CEMETERY AREA ACROSS THE ROAD FROM THE CHURCH, UM, SINCE THERE IS ALREADY A GRAVEYARD THERE.
AND, UH, THERE IS NO ADVERSE IMPACT ANTICIPATED, UH, FOR THE GENERAL CHARACTER OF THE NEIGHBORHOOD.
UM, THERE'S NO IMPACT TO PUBLIC UTILITIES, UM, FOR AN ATTRACTIVE AND HARMONIOUS COMMUNITY SINCE THERE IS THIS CHURCH AND ANOTHER CHURCH RIGHT BESIDE IT.
AND, UM, AND A GRAVEYARD ACROSS THE STREET.
I DO NOT SEE ANY PARTICULAR IMPACT TO THE COMMUNITY AND, AND, UM, IT DOES NOT ADVERSELY IMPACT THE ENVIRONMENT, SCENIC, HISTORIC, OR WATERFRONT AREAS.
UM, SINCE AGAIN, THERE'S A GRAVEYARD RIGHT THERE ACROSS THE STREET.
UM, AND I DO HAVE A CONDITION LATER, UM, ABOUT A LITTLE BIT OF A VEGETATED BUFFER.
I DON'T ANTICIPATE ANY IMPACTS, UH, TO THE COMMUNITY, UH, NEARBY PROPERTY OWNERS, THE PUBLIC HEALTH, SAFETY AND GENERAL WHERE WELFARE, UM, FOR CONDITION NUMBER SEVEN.
UM, THIS IS A USE THAT'S ALLOWED BY SPECIAL USE PERMIT AND JUST GENERALLY, IT WOULD OBVIOUSLY ALLOW FOR ADDITIONAL CAPACITY FOR BURIALS.
THE PRESENT GRAVEYARD DOES SEEM TO BE, UH, I'M NOT SURE IF IT'S COMPLETELY FULL, BUT IT IS CERTAINLY APPEARS TO BE VERY FULL.
UH, NOTICES WERE PROVIDED, UH, NO PUBLIC COMMENTS WERE RECEIVED.
UM, SO THE BZA ABOUT 22 YEARS AGO OR SO, UH, GRANTED A SPECIAL USE PERMIT FOR THIS EXACT SAME PURPOSE.
UH, NOTHING WAS DONE WITHIN TWO YEARS.
AND THIS IS A USE AS ALLOWED AS A SPECIAL USE PERMIT UNDER THE GENERAL CATEGORY IN RESIDENTIAL ZONING.
UH, WE RECOMMEND APPROVAL WITH THE FOLLOWING, UH, THREE CONDITIONS.
UH, FIRST IF THERE'S GONNA BE ANY LAND DISTURBANCE, UH, WE OF COURSE NEED A PERMIT FOR THAT, UH, FOR ANYTHING LIKE A DRIVEWAY OR ANY OTHER LAND DISTURBANCE IN ON THE PARCEL, UH, THAT THEY COMPLY WITH VDOT, WHICH WOULD BE THE ACCESS TO THE STATE ROAD AND, UH, DEPARTMENT OF HEALTH REGULATIONS FOR BURIALS.
AND THEN FINALLY NUMBER THREE IS A SUGGESTION, UH, TO THE BOARD.
I TRIED TO MAKE IT VERY SPECIFIC SO THAT THERE WOULD BE DISCUSSION ABOUT IT, BUT THAT ON THE UNVEGETATED SIDE, THAT OF COURSE THERE'S A NEIGHBOR ON THE UNVEGETATED SIDE THAT THERE BE A VEGETATED BUFFER.
AND THIS IS MERELY A SUGGESTION.
I, UM, IF, IF THE REPRESENTATIVES FROM ST.
GEORGE'S HAD ANOTHER SUGGESTION OR A PARTICULAR ISSUE WITH ANY OF THESE ELEMENTS, UM, I'M JUST, UH, PUTTING THIS UP FOR DISCUSSION SUCH, SUCH THAT, UM, THE ONE NEIGHBOR WOULD HAVE A VEGETATIVE BUFFER BETWEEN THE GRAVEYARD AND THEIR HOUSE.
AND FINALLY, HERE IS THE SUGGESTED MOTION.
UM, AND THERE ARE, UH, THREE REPRESENTATIVES FROM ST.
AND I'LL TOGGLE BACK TO THAT IF ANYBODY WANTS TO READ THAT OR DISCUSS IT ANY FURTHER.
UH, THE MEMBERS FROM THE CHURCH, WOULD ANYBODY LIKE TO SPEAK STATE YOUR NAME? NORMAN TEDO.
AND DO YOU SWEAR TO TELL THE TRUTH AND WHOLE TRUTH, SO HELP YOU GOD? I DO.
UM, IN, IN REFERENCE TO THE, UH, PLANNING, UM, WHICH WE WARN TO AWARE OF UNTIL THIS MORNING.
SO WE'RE, UH, BUT, BUT I WOULD SAY THAT WE'RE WILLING TO WORK WITH THE NEIGHBORING PROPERTY OWNER.
THERE'S A 20 FOOT EASEMENT BETWEEN THE GRAVEYARD AND HER PROPERTY.
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IS TRY TO, UM, ELIMINATE THAT EASEMENT AND PUT THE BUFFER IN THE EASEMENT.'CAUSE IF WE, IF WE TAKE LAND FROM THE CEMETERY, THEN WE'RE GONNA LOSE 20 GRAVE SITES.
UM, SO THAT, THAT'S NOT APPEALING TO US.
BUT WE WERE WILLING TO WORK WITH THE PROPERTY OWNER NEXT DOOR AND PUT IN SOME SORT OF BUFFER.
BUT WE'D ALSO LIKE TO LOOK AT THE POSSIBILITY OF ELIMINATING THE EASEMENT.
NOW, UH, WE DON'T HAVE ANYTHING TO DO WITH ELIMINATING EASEMENTS.
NO, BUT THAT'S, THAT'S OUR DEAL.
ANY OTHER QUESTIONS OR COMMENTS? UM, CAN WE GO BACK TO THE THIRD RECOMMENDATION UP THERE? THERE YOU GO.
UM, IT'S, IT'S MY OPINION IN THE PAST WHEN WE'VE DEALT WITH, WITH DEALING WITH THESE THINGS, SIMILARLY WITH THE, WITH POULTRY HOUSES AND RECOMMENDING VEGETATIVE PUFFERS, THAT IT, WHEN WE GOT INTO SPECIFICS LIKE TWO STAGGERED ROWS, ONE ROAD, THIS AND THAT AND THE OTHER, THAT, THAT, YOU KNOW, WE'RE NOT LANDSCAPERS AND, AND YOU KNOW, I'VE SEEN OTHER CASES WHERE THE PEOPLE WERE ABLE TO DO IT, AND PARTICULARLY IN THIS ONE, MAYBE, MAYBE JUST, UH, CHANGE IT TO SUGGEST A BUFFER, A VEGETATIVE BUFFER STRIP AND, UH, SUITED TO THE ADJOINING PROPERTY ON IT.
SOMETHING LIKE THAT, RATHER THAN BE SO SPECIFIC AS TO SAY, YOU KNOW, THE, THE, THE TREES AND EVERYTHING.
BECAUSE I'VE, I, I'VE SEEN IT WHERE THE, THAT ACTUALLY, THE, THE, YOU KNOW, THEY TEND TO DO A PRETTY GOOD JOB ON THEIR OWN AND, AND LEAVE THAT UP THEM.
AND I THINK IF THEY'RE WILLING TO WORK WITH A ADJOINING PROPERTY OWNER, I THINK THAT WOULD ABSOLUTELY, SHE, SHE HAS ANY OBJECTIONS, WE'LL BE GLAD TO WORK WITH HER, YOU KNOW, AND AS SHE PERFORMS, TRY TO MAKE THIS WORK OUT FOR HER.
BUT SHE'S, SHE'S BEEN AWARE OF IT FOR THE PAST FOUR YEARS, SO
SO, I MEAN, YOU KNOW, IN, IN ONE CASE WE HAD WHERE WE PUT SOMETHING IN LIKE THAT AND THE PROPERTY OWNER DIDN'T YEAH.
SO I JUST PUT IT IN CH UH, CHANGE THE WORDAGE TO, TO SAY, AS WE RECOMMEND, THE APPLICANT SHALL INSTALL A VEGETATIVE BUFFER ON THE SOUTHWEST BOUNDARY AND ON ANY, UH, FUTURE ON WOOD AND, AND, AND LEAVE IT AT THAT.
AND THEN WITH THE DEAD AND DYING OFFER, PLANNING SHALL BE REPLACED.
YOU KNOW, UM, YOU KNOW, THAT ADDS AN ELEMENT OF REGULATORY COMPLIANCE THAT BURDENS THE COUNTY.
ANY OTHER COMMENTS? WOULD YOU LIKE TO MAKE THE MOTION, MR GA UH, I MOVE THAT THE MACK COUNTY BOARD OF ZONING APPEALS APPROVE SUSC 0 0 0 0 4 4 DASH 2 0 2 5, A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 78 12 FOR A CEMETERY FOR TAX MAP 100 A DASH A DASH 43 WITH THE THREE CONDITIONS AS AMENDED AND RECOMMENDED BY STAFF.
AND DO WE HEAR A SECOND? IS THAT, THAT WORKS? DOES THAT WORK AS AMENDED? WE NEED, WE NEED THE, THE VERBIAGE.
SO WHAT, WHAT ARE WE CHANGING IT TO? WELL, UH, I GOTTA SEE IT.
SO THE THIRD ONE, RIGHT? THE THIRD ONE.
UH, WE, WE RECOMMEND THE APPLICANT SHALL INSTALL, OR EXCUSE ME, WE SUGGEST THE APPLICANT SHALL INSTALL A VEGETATIVE BUFFER ON THE SOUTHWEST BOUNDARY AND ON ANY FUTURE UN WOODED BOUNDARIES OR AS, UH, DESIRED BY ADJOINING PROPERTY OWNER.
[01:00:01]
AS, AS MR. TIDO SAID THEY HAVE A GOOD RELATIONSHIP WITH ADJOINING PROPERTY OWNER, THEN THEY MAY NOT HAVE A PROBLEM WITH IT.WELL, WE CERTAINLY WANT TO BE GOOD NEIGHBORS.
WHEN, WHEN WAS THE CHURCH FOUNDED? 1620 SEVENTH.
SO IT'S NOT LIKE THE CHURCH IS GOING ANYWHERE.
WE WERE THERE FIRST
TRACY, DID YOU HAVE A COMMENT OR, UM, I SECOND THE MOTION.
THE NEIGHBORS AREN'T HERE TODAY AND DIDN'T, YOU KNOW, RESPOND, SO.
WELL, AS LONG AS THEY'RE WILLING TO COMMUNICATE AND COORDINATE WITH THEM, I THINK THAT SHOULD BE FINE.
MOTION HAS BEEN MADE AND SECONDED.
WE HAVE FOUR POSSIBLE CASES FOR, UH, NEXT MONTH.
UM, SOME OF THEM MAY NOT COME TOGETHER, BUT AT LEAST A FEW ARE READY TO GO.
HOW MANY, OH, WE WILL HAVE A MEETING.
THERE ARE AT LEAST A COUPLE THAT ARE READY TO GO.
A COUPLE THAT ARE STILL COMING TOGETHER.