[00:00:01]
OF, UH, ZONING APPEALS IS NOW CALLED[Board of Zoning Appeals on June 4, 2025.]
TO ORDER.WHEN YOUR CASE IS CALLED, PLEASE COME FORWARD AND BE SWORN IN.
UH, I THINK WE DO HAVE A QUORUM, SO WE'RE FINE THERE.
AND IT READY TO GO? HI, UH, SENATOR JONES, CODE ENFORCEMENT OFFICER FOR ZONING.
UM, I'VE GOT THREE CASES TODAY.
UH, SO WE'LL GET, WE'LL GET TO THE FIRST ONE.
AND JUST BEFORE YOU START THAT, UH, DOES, DID, DO I HEAR A MOTION TO ADOPT THE AGENDA AS IT WAS PRESENTED? SO MOVED.
I, I'M READING DOWN THE MINUTES.
UH, WAS THERE ANY CORRECTIONS OR ADDITIONS TO THE PRIOR MINUTES? MOVE TO ADOPT.
OKAY, I THINK WE'RE READY FOR THE PUBLIC HEARING.
UM, SO THE FIRST ONE I GOT IS A ULA ACCESSORY STRUCTURE.
THIS IS SUSE 0 0 0 0 4 5 20 25.
THIS IS A SPECIAL USE PERMIT FOR AN ACCESSORY STRUCTURE WHERE THERE ISN'T A PRIMARY STRUCTURE.
AND THIS IS THE BACKGROUND INFORMATION.
UH, THE LOCATION IS, UH, 88 B DASH TWO DASH TWO DASH EIGHT.
THE ELECTION DISTRICT IS FIVE, WHICH WOULD BE, UH, CALVIN WASHINGTON.
UH, THE PROPERTY IS, UH, TWO ACRES.
THE, UH, ZONING AND THE REQUEST.
THE ZONING IS RESIDENTIAL, AND THE REQUEST IS FOR THE ACCESSORY STRUCTURE.
FUTURE LAND USE RECOMMENDATION IS AGRICULTURAL.
UH, THE CURRENT AND PROPOSED USES ARE, UH, RESIDENTIAL ADJACENT ZONINGS ARE ALSO RESIDENTIAL.
AND THE ADJACENT USES ARE, UH, AGRICULTURAL AND RESIDENTIAL, WHICH WOULD BE SINGLE FAMILY DWELLINGS.
THIS IS THE PROPERTY, UH, IN RED, THAT'S THE ZONING, WHICH IS RESIDENTIAL.
UM, THE FUTURE LAND USE, WHICH IS AG.
UM, IT IS NOT IN THE RPA AND IT IS IN THE FLOOD ZONE.
SO THESE ARE PICTURES OF THE SITE.
UM, BEAR IN MIND, THIS IS AN AFTER THE FACT PERMIT.
UM, SO, UM, THE PICTURE OF THE SHED BOTTOM LEFT, THAT IS THE EXTENSION OF ALL CATO ROAD ON THE BOTTOM RIGHT.
AND THEN THE LAST PICTURE IS FROM THE APPROXIMATE LOCATION OF THE SHED BACK TOWARDS THE ROAD.
THIS IS THE SITE PLAN SHOWING, UM, APPROXIMATELY A HUNDRED FEET FROM THE EASTERN LOT LINE AND 50 FEET FROM THE ROAD.
UH, NUMBER ONE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
THE RESPONSE IS, UH, NO ADVERSE IMPACT IS ANTICIPATED.
UH, THE STRUCTURE IS LOCATED IN AN AREA WHERE RESIDENTIAL USES ARE ALREADY PRESENT.
NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY AFFECT PUBLIC UTILITIES.
UH, THE SHED IS NOT NEAR ANY OF THESE AREAS.
UH, NUMBER THREE, WHETHER THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, THE ANSWER IS, UH, NO ADVERSE IMPACT WILL RESULT.
THE USE IS CONSISTENT WITH OTHER USES IN THE AREA.
AND NUMBER FOUR, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS.
UM, THE PROPERTY IS LOCATED NEAR A WATERFRONT AREA, BUT WILL NOT ADVERSELY IMPACT THE AREA.
IT'S FAR ENOUGH AWAY TO WHERE IT'S NOT IN THE RPA.
UH, NUMBER FIVE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF JOINING, UH, NEARBY PROPERTY OWNERS, UH, NO ADVERSE IMPACT IS ANTICIPATED.
UH, NUMBER SIX, WHERE THE PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH SAFETY OF GENERAL WELFARE, NO ADVERSE IMPACT IS ANTICIPATED.
UM, NUMBER SEVEN, WHERE THE PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICES AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS.
UH, YES, ACCESSORY STRUCTURES WITHOUT A PRIMARY STRUCTURE SUCH AS THIS ARE ALLOWED BY SPECIAL USE PERMIT.
AND NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.
ALLOWING THE SPECIAL USE PERMIT WILL ENABLE THE OWNERS TO KEEP EQUIPMENT USED TO MAINTAIN THE PROPERTY ON SITE.
UM, THERE ARE ENVIRONMENTAL CONSI CONSIDERATIONS.
IT ISN'T A FLOOD ZONE, IT'S A NINE BFE.
AND, UH, WE DID, UH, WE DID ADVERTISE FOR, UH, PUBLIC COMMENT.
UH, AND WE DID HAVE THREE COMMENTS IN FAVOR THAT ARE IN THE STAFF REPORT, ALL OF WHICH WERE IN FAVOR OF THE PROJECT,
[00:05:02]
UH, STAFF FINDINGS, THERE ARE FOUR.THE OWNERS OF THE PROPERTY PLACED A SHED ON THE PROPERTY WITHOUT GETTING A PERMIT FIRST.
SO THIS IS AN AFTER THE FACT APPROVAL.
UH, THE SHED DOES NOT HAVE A PRIMARY STRUCTURE, THEREFORE DOES NOT MEET THE DEFINITION, UH, DOES NOT MEET A DEFINITION OF ACCESSORY STRUCTURE.
SO THE, THE, UH, ACCESSORY STRUCTURE IS THE FIRST THING ON THE PROPERTY.
UM, NUMBER THREE, THE ACCESSORY STRUCTURES WITHOUT A PRIMARY STRUCTURE IS ALLOWED BY SPECIAL USE PERMIT AND NO DETRIMENTAL EFFECTS ARE ANTICIPATED.
STAFF RECOMMENDS APPROVAL OF SUSE 0 0 0 0 4 5 20 25, A SPECIAL USE PERMIT PURSUANT DACK COUNTY CODE SECTION 1 0 6 78 12, WHICH ALLOWS FOR ANY USE OF LAND AND OR ANY PERMIT OR TEMPORARY LOCATION OF ANY TYPE OF BUILDING OR FACILITY THEREON, WHICH IS NOT SPECIFICALLY PERMITTED WITHIN THIS CHAPTER.
UH, SHOULD THE BCA APPROVE THIS SPECIAL USE PERMIT, THE STAFF RECOMMENDS THE FOLLOWING FOUR CONDITIONS.
UH, NUMBER ONE, THE APPLICANT SHALL APPLY FOR AN AFTER THE FACT BUILDING PERMIT FOR THE PLACEMENT OF THE SHED.
UH, NUMBER TWO, THE APPLICANT SHALL COMPLY WITH THE RELEVANT HEALTH DEPARTMENT, DEPARTMENT OF TRANSPORTATION AND ENVIRONMENTAL REGULATIONS, INCLUDING THE FLOODPLAIN REGULATIONS.
NUMBER THREE, THE BUILDING APPLICATION SHALL BE CONSISTENT WITH THIS APPLICATION.
AND NUMBER FOUR, THE SPECIAL USE PERMIT SHALL EXPIRE TWO YEARS AFTER THE APPROVAL DATE.
AND, UH, I CAN ANSWER ANY QUESTIONS.
ALSO, MR. KULE IS HERE IF YOU HAVE ANY QUESTIONS FOR HIM.
ANY QUESTIONS? UM, WHY DOES THE SPECIAL USE PERMIT EXPIRE? WELL, IT WOULD EXPIRE.
IT WOULD EXPIRE IN TWO YEARS IF, IF THEY DIDN'T GO THROUGH THE PROCESS OF GETTING THE, UH, CERTIFICATE OF COMPLETION.
SO AFTER TWO YEARS, IF IT'S NOT GONE THROUGH THAT PROCESS, IT WOULD EXPIRE.
ANY OTHER QUESTIONS? THAT WAS THE SAME QUESTION I HAD.
'CAUSE IT READS LIKE IT'S GOING TO EXPIRE NO MATTER WHAT IN TWO YEARS.
ONCE, ONCE THEY GO THROUGH THE PROCESS OF A BUILDING PERMIT AND THEY GET THAT CERTIFICATE OF COMPLETION, THAT THEN IT'S A PERMANENT STRUCTURE.
MR. UH, GARY, DID YOU HAVE A QUESTION? I DO.
UM, ACCESSORY STRUCTURES ARE LIMITED TO 256 SQUARE FEET.
ANYTHING OVER 256 SQUARE FEET REQUIRES A BUILDING PERMIT, CORRECT? YES.
BUT, AND ALSO IT'S STILL THE SAME.
AND EVEN IF, EVEN IF IT DIDN'T, IT BEING IN A FLOODPLAIN ALSO MAKES IT TO WHERE IT HAS TO HAVE A BUILDING PERMIT BECAUSE THEY NEED THINGS LIKE ANCHORS AND FLOOD VENTS, THAT SORT OF THING.
SO IF IT WAS UNDER 2 56, THEY WOULD STILL NEED A BUILDING PERMIT 'CAUSE OF THE FLOOD PLAN? BECAUSE OF THE FLOOD PLAN.
MR. KULA, DID YOU WANNA SPEAK TO THE ISSUE? UH, MAYBE JUST TO ACKNOWLEDGE AND, AND THANK YOU, BUT OTHER THAN THAT, YOU KNOW.
I THINK IT WAS WELL CAPTURED BY MS. OKAY.
UH, ANY OTHER QUESTIONS FROM THE BOARD? I'LL MAKE A MOTION.
I MOVE THAT THE AKIMA COUNTY BOARD OF ZONING APPEALS APPROVE SUSE 0 0 0 0 4 5 DASH 2 0 25, A SPECIAL USE PERMIT PURSUANT TO MACK COUNTY CODE SECTION 1 0 6 DASH 78 12, WHICH ALLOW FOR ANY USE OF LAND AND OR ANY PERMANENT, TEMPORARY OR TEMPORARY LOCATION OF ANY TYPE OF BUILDING OR FACILITY.
THEREON, WHICH IS NOT SPECIFICALLY PERMITTED WITHIN THIS CHAPTER WITH THE FOUR CONDITIONS RECOMMENDED BY STAFF, THIS WOULD ALLOW FOR THE PLACEMENT OF A 12 BY 28 ACCESSORY BUILDING.
MOTION HAS BEEN MADE AND SECONDED.
SO WE GO ON TO THE SECOND ONE.
THIS IS THE WNE MANUFACTURED HOME.
THIS IS A-S-U-S-E 0 0 0 0 5 8 20 25 AS A MANUFACTURED HOME IN THE GENERAL BUSINESS DISTRICT.
SOME BACKGROUND INFORMATION, UH, MS. NEY IS THE APPLICANT.
UM, THE OWNER'S NAME IS, UH, ROSALIE, S LEWIS.
UH, THE LOCATION IS, UH, 85 DASH A DASH 49 C.
UM, MR. JACKIE PHILLIPS IS THE BOARD OF SUPERVISOR MEMBER FOR THAT AREA.
AND THE ACREAGE IS, UH, APPROXIMATELY 0.69 ACRES.
[00:10:02]
UM, THE FUTURE LAND USE RECOMMENDATION IS A VI VILLAGE DEVELOPMENT AREA B.THE CURRENT USE RIGHT NOW IT'S VACANT, BUT THE PROPOSED USE IS A RESIDENTIAL STRUCTURE.
UM, ADJACENT ZONINGS ARE GENERAL BUSINESS AND ADJACENT USES ARE, UH, BUSINESS AND RESIDENTIAL.
THERE ARE, UM, RESIDENTIAL STRUCTURES AROUND THIS PROPERTY.
SO IT'S, IT'S A MIXTURE OF BUSINESS AND HOMES.
THIS IS THE LOCATION OF THE PROPERTY.
UM, THIS IS THE, UH, ZONING GENERAL BUSINESS, FUTURE LAND USE RECOMMENDATION VILLAGE DEVELOPMENT AREA B, UH, NOT IN A FLOODPLAIN.
UM, THESE ARE SOME PICTURES OF THE SITE.
UM, SO THE TOP LEFT AND BOTTOM LEFT ARE, UH, FROM THE PROPERTY DOWN DOWN FAIRGROUNDS ROAD.
UH, THE TOP RIGHT IS, UM, THE APPROXIMATE LOCATION OF THE MANUFACTURED HOME.
THERE IS SOME BRUSH CURRENTLY ON SITE, AND, UH, THE BOTTOM RIGHT HAND IS, UM, THE EDGE OF THE PROPERTY AND ALSO, UH, AN ACCESS FOR THE PERSON THAT'S ACTUALLY BEHIND THIS LOT.
SO, UH, CONSIDERATIONS FOR SPECIAL USE PERMITS, UM, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
FAIRGROUNDS, ROADS CAN COMPRISE OF A MIXTURE OF RESIDENTIAL AND BUSINESS USES.
UH, NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES, UH, NO ADVERSE IMPACT WILL RESULT.
UH, NUMBER THREE, WHETHER THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
THE USE IS CONSISTED WITH OTHER USES IN THE AREA.
UH, AND NUMBER FOUR, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS.
UH, THE PROPERTY IS NOT LOCATED NEAR ANY SUCH AREAS.
UM, AS AN ASIDE, IT IS LOCATED, UH, IN PROXIMITY TO WHERE THE COASTAL SQUARE RESIDENCES DEVELOPMENT IS GOING TO BE IN THE FUTURE.
UH, NUMBER FIVE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES ADJOINING, UH, NEARBY PROPERTY OWNERS, UH, NO ADVERSE IMPACT IS ANTICIPATED.
UH, NUMBER SIX, WHETHER THE PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH SAFETY AND GENERAL WELFARE.
UH, AGAIN, NO ADVERSE IMPACT IS ANTICIPATED.
UH, NUMBER SEVEN, WHETHER THE PROPOSED USE IS A PERFORMANCE WITH GOOD ZONING PRACTICES, UM, MANUFACTURED HOMES ARE ALLOWED BY SPECIAL USE PERMIT IN GENERAL BUSINESS ZONING.
UM, AND NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.
UH, GRANTING THE SPECIAL USE PERMIT WOULD ALLOW FOR THE PLACEMENT OF A MANUFACTURED HOME IN AN AREA WHERE OTHER RESIDENTIAL STRUCTURES ARE LOCATED.
UM, PUBLIC T AND ADDITIONAL INFORMATION NOTICES WERE PROVIDED TO THE NEWSPAPER.
UH, NO PUBLIC COMMENTS FROM THE ADJACENT PROPERTY OWNERS WERE RECEIVED.
UM, AND ALSO, UM, THE RESIDENTIAL STRUCTURES ON FAIRGROUNDS ROAD ARE A MIXTURE OF ONE TWO STORY HOMES.
SO THINGS THAT ARE SIMILAR TO THIS REQUEST.
STAFF FINDINGS THAT ARE THREE, UH, THE PROPERTY IS OWNED, GENERAL BUSINESS AND RESIDENTIAL USES ARE ALLOWED BY A SPECIAL USE PERMIT.
THE PROPOSED LOCATION IS IN AN AREA WHERE RESIDENTIAL HOMES ARE PRESENT AND NO, IM, UH, NO ADVERSE IMPACT WILL RESULT FROM THE PLACEMENT OF THE MANUFACTURED HOME STAFF RECOMMENDS APPROVAL OF SUSE 0 0 0 0 5 8 20 25, A SPECIAL USE PERMIT PURSUANT TO AKIMA 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 THIS SPECIAL USE PERMIT, THE STAFF RECOMMENDS THE FOLLOWING FOUR CONDITIONS.
UM, THE APPLICANT SHALL OBTAIN A BUILDING PERMIT FROM THE COUNTY'S COMMUNITY ECONOMIC DEVELOPMENT DEPARTMENT.
UM, THE APPLICANT SHALL COMPLY WITH VIRGINIA DEPARTMENT OF TRANSPORTATION AND VIRGINIA DEPARTMENT OF HEALTH REGULATIONS.
THE BUILDING APPLICATION SHALL BE CONSISTENT WITH THIS APPLICATION, AND THE SPECIAL USE PERMIT SHALL EXPIRE TWO YEARS AFTER THE APPROVAL DATE.
UM, THAT'S BASICALLY THE SAME CONVERSATION WE HAD WITH THE LAST CASE.
SO THEY GET IT DONE IN A TWO YEAR PERIOD.
THEY GET A CERTIFICATE OF OCCUPANCY, THEY'RE GOOD.
AND I HAVE ANY, I CAN ANSWER ANY QUESTIONS.
AND, UH, MS. NEY ISS HERE AS WELL, IF YOU HAVE ANY QUESTIONS FOR
[00:15:01]
HER.IF THIS WAS DONE, UH, IF THEY DUG A FOOTER AROUND IT MM-HMM
AND I'M ASSUMING IT'S JUST GONNA BE PROPPED UP LIKE A MOBILE HOME.
IT'S, IT'S A MANUFACTURED HOME.
UM, IF A FOOTER WAS DONE, YOU, YOU KNOW, THE ACTUALS AND THE, THE DRAWBAR IS REMOVED MM-HMM
WOULD IT STILL REQUIRE A SPECIAL USE PERMIT? BECAUSE IT WOULD, IT'S, IT'S BUSINESS SINGLE.
IT SAYS SINGLE FAMILY DWELLINGS.
SINGLE FAMILY DWELLINGS IS A BROAD DEFINITION, BUT, UH, MANUFACTURED HOMES FITS IN THAT GENERAL DESCRIPTION.
IN THE PAST, I'VE, I'VE KNOWN THAT IF A MANUFACTURED HOME, IF THEY DUG A FOOT MM-HMM
AND PUT IT ON THAT IT DIDN'T REQUIRE A SPECIAL USE PERMIT.
UM, AS FAR AS, AS FAR AS I'M AWARE, SINGLE FAMILY DWELLINGS, NO MATTER WHAT REQUIRES SPECIAL USE PERMIT.
THAT'S, AT LEAST THAT'S WHAT MAYBE IT'S BEEN CHANGED THAT I'M, I'M, GO AHEAD.
IT'S BECAUSE IT'S ZONING GENERAL BUSINESS.
'CAUSE I, I KNOW I PLACED ONE OF THESE HOMES AND THEY SAID, IF, IF YOU DIG A FOOTER AND REMOVE THE AXLES AND, AND REMOVED THE DRAWBAR, WELL THAT WOULD, BUT THAT WAS ZONED AGRICULTURE.
BECAUSE IT'S ZONED AGRICULTURE.
THERE'S A DIFFERENT DEFINITION FOR MANUFACTURED HOMES.
UM, BUT THERE, THAT'S, THAT'S NOT NECESSARILY TOO BIG OF AN ISSUE FOR AG WHERE WE SEE IT AS CATEGORY TWO, WHICH IS RESIDENTIAL.
THEY HAVE, UH, MORE REGULATIONS.
SO I, BUT WE'RE, WE'RE FOR THIS ONE NO MATTER WHAT.
DIDN'T WE APPROVE A MANUFACTURED HOME A COUPLE OF MONTHS AGO, MR. MR. MASON ON THIS ROAD? YES.
WE DID HIS OWN GENERAL BUSINESS.
UH, EDLO MASON ASKED FOR THE SAME THING.
ANY OTHER QUESTIONS? MS. NEY, DID YOU WANNA SPEAK TO THE, YOUR APPLICATION? UH, I JUST WANTED TO THANK EVERYONE FOR THEIR CONSIDERATION AND POSSIBLE APPROVAL.
WE'LL BE SETTLING ON THE PROPERTY, UH, NEXT WEEK AT CROSS STREET AT MY TIME.
WOULD ANYONE CARE TO MAKE A MOTION? I, I'LL MAKE MOTION.
I MOVE THAT AKIMA COUNTY BOARD OF ZONING APPEALS APPROVED SUSE 0 0 0 0 5 8 DASH 2025, A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 4 0 3 7, WHICH ALLOWS FOR RESIDENTIAL USE, INCLUDING SINGLE FAMILY DWELLINGS, NOT AS AN ACCESSORY TO AN APPROVED USE FOR TAX MAP.
PARCEL NUMBER, 85 DASH A DASH FOUR NINE C, BUT THE FOUR CONDITIONS RECOMMENDED BY STAFF SECOND.
MOTION HAS BEEN MADE AND SECONDED.
GREAT PSYCH PLAN ON, I THOUGHT THE PSYCH PLAN WAS GOOD.
USUALLY, USUALLY THEIR SITE PLANS ARE VERY NICE.
SO, UM, THE THIRD ONE, UH, IT'S A DOUBLE WHAMMY.
SO WE'VE GOT A SPECIAL USE, PERMANENT AND A VARIANCE WITH THIS CASE.
SO, UH, IT'S, UH, VAR UH, 0 0 0 0 6 5 DASH 2025.
IT'S A, UH, THREE FOOT VARIANCE FOR TRAVEL TRAILER LENGTH AND A SPECIAL USE PERMIT FOR HABITING, UH, AN RV IN THE AGRICULTURAL DISTRICT.
UM, THOMAS CROSS IS THE APPLICANT, AND THOMAS AND DEBORAH CROSS ARE THE OWNERS.
THE LOCATION IS 67 DASH A DASH 35.
UH, MR. PARKS IS THE BOARD OF SUPERVISOR MEMBER FOR THAT AREA.
UM, THE REQUEST IS, UH, THAT'S ACTUALLY INCORRECT.
IT'S NOT RESIDENTIAL, BUT THE REQUEST IS A SPECIAL USE PERMIT AND THREE FOOT VARI FROM THE 36 FOOT LENGTH MAXIMUM FOR, UH, TRAVEL TRAILERS OR RVS.
UH, FUTURE LAND USE RECOMMENDATION IS CONSERVATION AREA.
UH, CURRENT AND PROPOSED USES.
UH, CURRENTLY, UM, IT'S VACANT, UH, WITHOUT THE, UH, RV.
AND THE PROPOSED USE IS SINGLE FAMILY RESIDENTIAL, WHICH IS BASICALLY THE RV.
UM, ADJACENT ZONING IS AGRICULTURAL
[00:20:01]
AND ADJACENT USES ARE VACANT.AND, UH, THERE ARE A COUPLE SINGLE FAMILY DWELLINGS IN CLOSE PROXIMITY.
UH, THIS IS THE AERIAL, UH, PRETTY LARGE PROPERTY, UM, ZONED AG.
UM, THE FLOOD ZONE IS ACROSS THE ENTIRE PROPERTY AND WOULD AFFECT THE RV.
UH, THE FUTURE LAND USE AREA IS, UH, CONSERVATION AREA.
UM, AND THERE IS RPA ON THE PROPERTY.
HOWEVER, UM, IT'S NOT GOING TO BE IN THE RPA.
THIS IS, UH, PICTURES OF THE SITE.
UH, THE BOTTOM TWO ARE FROM THE PROPERTY DOWN EACH SIDE OF, UH, YOUNGS CREEK ROAD OF THE TOP LEFT AND THE TOP RIGHT.
THE TOP RIGHT IS THE PICTURE OF THE RV.
THIS WOULD BE AN AFTER THE FACT APPROVAL.
AND, UH, THE TOP LEFT WOULD BE, UM, FROM THE RV BACK TOWARDS THE ROAD.
SO IT IS BACK A DECENT WAYS FROM THE ROAD.
THIS IS THE SITE PLAN SHOWING THE, UH, LOCATION OF THE RV.
UM, GIVEN THIS SITE PLAN, UM, IT IS NOT IN THE RPA AND THIS IS A CLOSER UP VERSION OF THE SAME SITE PLAN, UM, SHOWING THE, THE LANE THAT WAS MADE.
SO WE ARE GONNA HAVE TO, SO WE'RE GONNA GO THROUGH SPECIAL USE PERMITS FIRST, AND THEN WE'LL DO CONSIDERATIONS FOR A VARIANCE SECOND.
UM, SO CONSIDERATION FOR SPECIAL USE PERMITS, NUMBER ONE, WHERE THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
THE SURROUNDING AREA IS MOSTLY VACANT LAND WITH THREE RESIDENTIAL STRUCTURES IN CLOSE PROXIMITY.
UH, NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES.
UH, NO, THE SITE IS NOT SERVICED BY PUBLIC WATER AND SEWER.
NUMBER THREE, WHETHER THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UM, GENERALLY TRAVEL TRAILERS AND RVS DO NOT CREATE AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UM, NUMBER FOUR, UH, WHILE THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS, UH, THE LOCATION OF THE PROPOSED STRUCTURE IS IN CLOSE PROXIMITY TO THE RPA.
HOWEVER, IS NOT LOCATED IN THAT AREA.
THE PLACEMENT DOES NOT INTERFERE WITH, UH, SCENIC AREAS OR HISTORIC AREAS.
NUMBER FIVE, ONE OF THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
UH, NO, THE LOCATION OF THE STRUCTURE IS TOWARDS THE, UH, CENTER OF THE 72 ACRE SITE.
NO DETRIMENTAL EFFECTS ARE ANTICIPATED.
UM, NUMBER SIX, WHETHER THE PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH SAFETY IN GENERAL WELFARE, UM, NO DETRIMENTAL EFFECTS ARE ANTICIPATED.
THE PROPOSED STRUCTURE WILL BE USED FOR MORE OR LESS SEASONAL HABITATION.
UM, NUMBER SEVEN, WHETHER THE PROPOSED USES IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS.
UM, THE BCA HAS GRANTED S SUVS FOR THIS TYPE OF USE OF PREVIOUS MEETINGS.
NO LOCAL LAWS, ORDINANCES, OR RESIDENTIAL OR REGULATIONS, SORRY, ARE AFFECTED OTHER THAN THE VARIANCE REQUESTS.
UM, NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.
UM, GRANTING THE SPECIAL USE PERMIT ENABLES THE APPLICANT TO UTILIZE THE PROPERTY FOR TEMPORARY STAYS FOR RECREATIONAL ACTIVITIES.
UM, AND THIS IS SPECIFIC TO THE VARIANCE PART OF THIS REQUEST.
SO, UH, NUMBER ONE, WITH STRICT APPLICATION, UH, SLASH UNREASONABLE RESTRICTION VERSUS ALLEVIATING HARDSHIP FROM A PHYSICAL CONDITION, UH, NO, THE PROPERTY COULD STILL BE USED TO PLACE A SINGLE FAMILY DWELLING.
IN THE EVENT THAT AN RV WAS NOT APPROVED.
IS THE APPLICANT'S CHOICE TO HAVE AN RV OF THAT LENGTH ON THE PROPERTY? UM, NUMBER TWO, WAS IT, WAS IT ACQUIRED IN GOOD FAITH? UH, THE PROPERTY APPEARS TO HAVE BEEN ACQUIRED IN GOOD FAITH IN 2023.
THE SIZE OF THE TRAVEL TRAILER IS AT A LENGTH SUCH THAT IT NEEDS A VARIANCE.
UH, NUMBER THREE, UM, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.
THE PROPOSED TRAVEL TRAILER WILL NOT INHIBIT ACCESS TO ANY OF THE SURROUNDING PROPERTIES.
THE TRAVEL TRAILER IS NOT LOCATED NEAR ANY RESIDENTIAL STRUCTURES.
UH, NUMBER FOUR, UH, GENERAL OR RECURRING NATURE TO AMEND THE ORDINANCE TO ALLEVIATE THE SITUATION.
UM, THIS IS NOT A GENERALLY RECURRING SITUATION THAT REQUIRES AN ORDINANCE THAT WOULD BE SPECIFIC TO THE VARIANCE.
UH, WOULD IT RESULT IN A USE NOT OTHERWISE PERMITTED? UH, NO.
THE VARIANCE DOES NOT AFFECT THE USE OF THE PROPERTY, ONLY THE SIZE OF THE RV THAT CAN BE PLACED.
UH, AND NUMBER SIX IS THE REMEDY SOUGHT AVAILABLE THROUGH SPECIAL EXEMPTION.
[00:25:01]
PROCESS AVAILABLE TO ADDRESS THIS REQUEST.UM, ENVIRONMENTAL CONSIDERATIONS.
UH, THE PROPERTY IS LOCATED IN THE RRPA.
UH, THE RV APPEARS TO NOT BE IN THE RPA, SO IT'S ON THE PROPERTY, SO NOT WHERE THE RV'S GONNA BE LOCATED.
UM, AND THE PROPERTY AND RV ARE LOCATED IN, IN THE SPECIAL FLOOD HAZARD AREA, EIGHT BFE.
SO, PUBLIC COMMENT NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
UH, ONE PUBLIC, ONE PUBLIC COMMENT IN FAVOR OF THE PROJECT WAS RECEIVED.
UH, I HANDED THAT OUT BEFORE THE MEETING STARTED.
UM, STAFF FINDINGS, THERE ARE FOUR.
UM, THE OWNER OF THE PROPERTY IS REQUESTING A SPECIAL USE PERMIT TO LIVE IN THE TRAVEL TRAILER.
THE TRAVEL TRAILER IS 39 FEET IN LENGTH WITH, WHICH MAKES THE TRAVEL TRAILER OVERSIZE ACCORDING TO THE DEFINITION.
UM, NUMBER THREE, GENERALLY TRAVEL TRAILERS DO NOT PROMOTE THE GENERAL WELFARE OF THE SURROUNDING NEIGHBORHOOD.
AND, UH, NUMBER FOUR, THIS IS SPECIFIC TO THE NARRATIVE.
UM, WHILE THE NARRATIVE SUGGESTS BUYRIGHT USES FOR THIS PROJECT, NEITHER OF THESE APPLY.
UH, 1 0 6 DASH 52 5 STATES THAT LODGES HUNTING CLUBS, BOATING CLUBS, GOLF CLUBS, AND PRIVATE NON-COMMERCIAL, UH, MARINAS OR BUYRIGHT RVS DO NOT, UH, FIT OUR DESCRIPTION.
WE'RE LOOKING FOR SOMETHING LIKE AN ACTUAL STRUCTURE FOR THAT KIND OF BUYRIGHT USE.
UM, ALSO 1 0 6 DASH 52 11 STATES THAT RECREATIONAL FACILITIES, WHICH ARE TO BE USED IN CONNECTION WITH ONE FAMILY OR TWO FAMILY DWELLINGS, AND AVAILABLE ONLY TO THE FAMILY OF THE HOUSEHOLDER OR PRIVATE GUESTS, OR BY RIGHT.
UM, FOR THIS ONE, THE, THERE'S NO HOUSE.
SO IT CAN'T BE USED IN CONNECTION BECAUSE THERE'S NOTHING IN CONNECTION.
STAFF RECOMMENDS DENIAL OF THE SPECIAL USE PERMIT BASED ON THE TRAVEL TRAILER NOT CONTRIBUTING TO AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
AND THE POTENTIAL SAFETY HAZARD OF A TRAVEL TRAILER BEING PLACED IN A FLOOD ZONE.
UM, STAFF DOES NOT FOR THE VARIANCE PART, STAFF DOES NOT TYPICALLY MAKE RECOMMENDATIONS ON VARIANCES.
HOWEVER, SHOULD THE BCA GRANT, THE VARIANCE AND THE SPECIAL USE PERMIT STAFF SUGGESTS THE APPROVAL BE SUBJECT TO THE FOLLOWING EIGHT CONDITIONS.
UM, NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
NUMBER TWO, THE APPLICANT SHALL COMPLY WITH ALL FLOODPLAIN REQUIREMENTS, CHESAPEAKE BAY PRESERVATION AG REQUIREMENTS, AND THE VIRGINIA DEPARTMENT OF HEALTH FOR THE PROPOSED TRAVEL TRAILER.
UH, NUMBER THREE, THE APPLICANT SHALL BE FULL IN FULL COMPLIANCE WITH THE APPLICATION AND PLOT PLAN AS SUBMITTED.
UM, NUMBER FOUR, THE SPECIAL USE PERMIT SHALL BE BECOME NULL AND VOID SHOULD THE PROPERTY BE SOLD OR TRANSFERRED.
NUMBER FIVE, THE APPROVAL IS FOR ONE UNIT AND IS ONLY FOR THE APPLICANT OR HIS FAMILY.
A VIOLATION OF THIS CONDITION SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID.
THIS SPECIAL USE PERMIT SHALL EXPIRE TWO YEARS FROM THE DATE OF ISSUANCE PURSUANT TO SECTION 1 0 6 DASH 2 54 4 E.
UH, NUMBER SEVEN, THE APPROVAL DOES NOT INCLUDE SHORT TERM RENTAL OF THE SITE.
A VIOLATION OF THIS CONDITION SHALL RENDER THE SPECIAL USE PERMIT T AND VOID.
AND NUMBER EIGHT, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE TRAVEL TRAILER IS ON SITE.
ONE FOR THE SPECIAL USE PERMIT AND ONE FOR THE VARIANCE.
AND, UH, I CAN ANSWER ANY QUESTIONS.
MR. CROSS IS HERE IF YOU HAVE ANY QUESTIONS FOR HIM.
IS THAT, IS THAT THE SAME AS THE OTHER TWO? IF THEY MEET ALL THE OTHER CONDITIONS, THEN? WELL, FOR THIS ONE, THIS AUTOMATICALLY EXPIRE TWO YEARS.
IT WOULD, IT WOULD AUTOMATICALLY EXPIRE.
THE, THE DIFFERENCE IS THERE'S NO CERTIFICATE OF COMPLETION OR OCCUPANCY.
ANY OTHER QUESTIONS? AND THIS IS FOR TEMPORARY HABITATION? YES.
THIS WOULD BE, IT'S, IT'S NOT THE SITUATION WHERE THEY'RE LIVING IN IT WHILE THEY'RE BUILDING A HOUSE.
UM, THIS IS FOR TEMPORARY HABITATION IN THE SENSE THAT IT'S GONNA BE LIKE SEASONAL.
UM, SO SEASONAL, LIKE IN THE SUMMERTIME ONLY, OR THAT WOULD BE ANYTIME DURING THE, THE YEAR OR THAT, THAT WOULD PROBABLY BE A BETTER QUESTION FOR MR. CROSS.
WELL, I NEED YOU TO COME AND BE SWORN IN FIRST.
CAN YOU STATE YOUR NAME? TOM CROSS.
AND DO YOU SWEAR TO TELL THE WHOLE TRUTH, SO HELP YOU GOD? I DO.
UH, FIRST OF ALL, LEMME SAY THANK YOU TO YOU FOLKS FOR YOUR TIME AND ATTENTION TO THIS.
[00:30:01]
UM, THE PROPERTY WAS ACTUALLY PURCHASED IN 21.UM, SO WE'VE HAD IT NOW FOUR YEARS, AND IT WAS PURCHASED SOLELY FOR RECREATIONAL USE.
THAT'S THE ONLY REASON I GOT IT.
IT BORDERS, UH, YOUNG'S CREEK AND FLANAGAN'S GUT IS IN THE BACKSIDE OF IT.
BOUGHT IT SPECIFICALLY FOR MY GRANDKIDS, MY GRANDSONS, MY GRANDDAUGHTER, MY SON AND MY WIFE, AND HER HUSBAND AND BOYS.
TO BE ABLE TO COME DOWN AND STAY ON A WEEKEND, TO HUNT DUCKS, TO HUNT DEER, TO FISH, TO UTILIZE, YOU KNOW, NATURE IN A VERY RESPECTFUL WAY.
WE BOUGHT THE TRAILER IN ADVANCE OF ANY OF THIS.
SO I HAD NO IDEA THAT THERE WAS GONNA BE A, A VARIANCE ISSUE WITH THREE FEET
CAN I SHOW THE TRAILER I CAN GIVE THEM? IS THAT OKAY? IT'S ACTUALLY PICTURES OF THE TRAILER.
THEY'RE BETTER, A LITTLE BIT BETTER CLOSER UP PICTURES.
THEY'RE MY GRANDKIDS WHO HAVE BEEN DOWN.
THE TWO BOYS IN THIS PICTURE ARE MY WIFE'S TWO SON.
THEY'VE BEEN THERE ONE TIME SINCE 2021.
THE PLACE DOESN'T GET USED VERY OFTEN.
I, MYSELF HAVE NOT BEEN TO THE PROPERTY FOR EIGHT WEEKS.
IT'S BEEN THAT LONG SINCE I'VE BEEN DOWN.
WE DON'T HABITAT
IT'S GONNA BE USED OR WOULD LIKE TO BE USED DURING HUNTING SEASON FOR WEEKENDS DURING THE CRABBING AND FISHING SEASON FOR A WEEKEND STAY.
IT'S NEVER USED BY ANYBODY BUT MY FAMILY.
IT'S NOT FOR RENT, IT'S NOT FOR LEASE.
IT'S NOT FOR LETTING ANYBODY ELSE USE IT.
AND ONE OF THE THINGS WE WERE REALLY DRAWN TO WAS THE FACT THAT IT'S, AND, AND THIS COMES FROM A LADY BY THE NAME OF KAREN DUR.
KAREN IS A MARINE SCIENTIST WITH VIMS, AND SHE'S BEEN WITH THE VIRGINIA INSTITUTE OF MARINE SCIENCE FOR A LONG TIME.
RUNS SEVERAL OF THEIR PROGRAMS. SHE'S OUT OF THE GLOUCESTER OFFICE.
AND SHE WORKED HAND IN HAND WITH A VERY CLOSE FRIEND OF MINE WHO AT ONE POINT IN TIME WAS THE HEAD OF FISHERIES FOR THE STATE OF MARYLAND.
SO THEY HAD A LOT OF JOINT PROJECTS.
SHE'S VERY FAMILIAR WITH THIS PROPERTY.
THEY'VE DONE SURVEYS ON THIS PARTICULAR PIECE OF GROUND OVER THE LAST 15 YEARS OR SO, AND HAS THE RESULTS OF THAT IN HER RECORDS.
AND THIS IS ONLY ONE OF A HANDFUL OF PROPERTIES THAT THEY'VE DONE THIS WORK WITH THAT ACTUALLY QUALIFIES AS WHAT THEY CALL PRISTINE.
AND I ASKED HER, I SAID, KAREN, WHAT DOES PRISTINE MEAN RELATIVE TO YOU FOLKS? SHE SAID, IT MEANS THAT IF YOU WERE TO LOOK AT THIS PROPERTY TODAY, IT WOULD RESEMBLE THE SAME THING 100 YEARS AGO.
THAT'S HOW NICE THIS PROPERTY IS.
WE DON'T WANT TO DO ANYTHING THAT'S GONNA JEOPARDIZE ANY PART OF THAT PROPERTY.
WE WOULD NOT, AND DO NOT WANT TO BUILD ANYTHING THERE THAT MAKES NO SENSE.
THE RIDGE THAT THE TRAILER IS SITTING ON IS ON THE HIGHEST GROUND IN THE ENTIRE PROPERTY.
AND WE'VE HAD SOME, I GOTTA TELL YOU, THERE'S BEEN SOME PRETTY SIGNIFICANT KING TIDES, UH, AND SOME FLOODS.
SPRING FLOODS AND FALL FLOODS.
IT'S NEVER EVEN GOTTEN CLOSE TO THE TRAILER.
THE TRAILER'S BEEN HIGH AND DRY THE WHOLE TIME.
SO WITH RESPECT TO WHAT WE'D LIKE TO DO GOING FORWARD, I DON'T HAVE ANY PROBLEM WHATSOEVER WITH THE CONDITIONS THAT MR. JONES HAS TALKED ABOUT.
I'D LIKE VERY MUCH TO BE ABLE TO GET A SPECIAL USE PERMIT TO ALLOW MY FAMILY TO CONTINUE TO ENJOY THIS PROPERTY.
AND I CAN ASSURE YOU THAT WE WILL NOT BEATE, IF YOU WILL, THAT PROPERTY ON ANY KIND OF A REGULAR BASIS.
THIS IS A WEEKEND, YOU KNOW, EVENTUALLY, UH, YOU KNOW, WHEN I'M DEAD AND GONE, IF THEY WANT TO BUILD A HOUSE OR SOMETHING DOWN THE ROAD, A LONG WAYS DOWN, THAT'S FINE.
THAT'S, THAT'S UP TO THE COUNTY AND UP TO THEM.
BUT FOR AS LONG AS I'M INVOLVED WITH THIS, IT'S, I'D LIKE IT TO STAY PRISTINE.
THANK YOU AGAIN FOR YOUR TIME AND ATTENTION TO IT.
AND ACCORDING TO THE PICTURES, THERE'S ALSO A SHED IN ADDITION TO THE, THE, THERE'S A SHED THAT WAS THERE WHEN I BOUGHT THE PROPERTY THAT SHED WAS BUILT BY THE PREVIOUS OWNER.
AND THERE ALSO WAS A SEPTIC SYSTEM PUT IN, WHICH, UH, AND A, WELL, WE DON'T KNOW WHERE THE WELL IS.
WE'VE TRIED TO FIND IT AND I CAN'T FIND IT.
IT'S NEVER BEEN USED TO MY KNOWLEDGE FOR ANY KIND OF HABITATION OR ANY KIND OF WATER.
UM, WITHOUT HAVING SOMEBODY COME IN THERE WITH A FORK STICK
[00:35:01]
AND LOOK FOR IT.I DON'T KNOW HOW THE HECK WE WOULD FIND IT, BUT IT'S, I'VE LOOKED AT THE PLATS AND I CAN'T FIND ANY SIGN OF A, WELL, A WELL HEAD OR ANY KIND OF DRILLING, UH, BASED ON THE INFORMATION THAT WAS IN THE PLATS.
THE SEPTIC FIELD WAS INSTALLED BACK IN THE SEVENTIES, AND MR. TYNER, WHO I BOUGHT IT FROM, HAD A TRAILER THAT WAS SET UP THERE AND IT WAS HOOKED UP TO THAT SEPTIC.
UM, IT HADN'T BEEN USED IN YEARS AND YEARS AND YEARS.
AND WHEN WE BOUGHT THE PLACE BACK IN, IN 21, THERE WAS NOT A TRAILER THERE.
IT WAS A SHED AND A SEPTIC TANK.
AND IT'S, WE HAVE NO INTENTION OF PUMPING SEWAGE OR DOING ANYTHING TO THAT PROPERTY WHATSOEVER.
THAT'S WHAT THE SEPTICS THERE FOR.
AND WHERE IS HOME FOR YOU THAT YOU TRAVEL? I WAS BORN AND RAISED ON THE MARYLAND EASTERN SHORE.
UH, I LIVE IN DELAWARE NOW, AND WE HAD TO LEAVE MARYLAND TO GET A HECK AWAY FROM THE TAXES.
SO I'VE BEEN IN DELAWARE, MILLSBORO, DELAWARE FOR LIKE, SINCE, UH, 2017.
UH, MY BACKGROUND WAS, UH, I FISHED, I WAS A CHARTER BOARD CAPTAIN FOR ABOUT 30 YEARS AND BEEN UP AND DOWN THE BAY.
SPENT THE WHOLE, MY WHOLE LIFE PRETTY MUCH HAS BEEN ON THE BAY.
I RAN MY DAD'S, UH, 38 FOOT BAY BUILT BOAT WHEN I WAS 12 YEARS OLD.
SO I, I GO BACK WITH THE WATER A LONG WAYS.
UH, I USED TO START IN APRIL AND DIDN'T FISH, UH, DIDN'T STOP FISHING RATHER UNTIL THE END OF JANUARY DOWN AT THE BRIDGE TUNNEL.
AND I FISHED FOR YEARS AND YEARS AND YEARS DOWN AT THE BRIDGE TUNNEL.
AND I'M STILL PERSONAL FRIENDS WITH SOME FOLKS DOWN IN, IN CAPE CHARLES.
SO, ANY OTHER QUESTIONS? I HAVE A QUESTION.
WHAT DO YOU ALL, UM, HOW DO YOU ALL DISPOSE OF YOUR SEWAGE AND WHAT, WHAT DO YOU DO FOR WATER? AND WE'RE THE, IF YOU LOOK AT THAT PICTURE, IF THEY'RE STILL UP THERE, THAT, YEAH, RIGHT HERE, YOU CAN BARELY SEE THAT.
BUT RIGHT THERE IS THE CORNER OF THE, UH, CAP, IF YOU WILL, THE CONCRETE CAP FOR THE SEPTIC SYSTEM.
THERE'S THREE FINGERS THAT RUN THAT WAY TOWARDS THEN THE SAME DIRECTION AS THIS.
AND YOU CAN SEE RIGHT HERE AND THERE IS THE CONCRETE AND THERE IS A, A SYSTEM THAT I CAN HOOK UP TO AND JUST WE CAN DRAIN.
I DON'T THINK IT'S BEEN DRAINED, BUT TWICE IN FIVE YEARS.
SO WE DON'T USE THE THING VERY OFTEN AT ALL.
BUT YOU HAVE USED IT IN THE PAST? YES.
I KNOW IN THE PAST, THE BOARD HAS APPROVED TRAVEL TRAILERS ON PROPERTIES WHILE A HOUSE HAS BEEN BEING BUILT AND, AND OR FOR TEMPORARY PURPOSES OR FOR SEASONAL OR HUNTING, YOU KNOW, SEASONAL.
UM, BUT THIS IS, UM, PERMANENT AND, UH, YEAR ROUND, MR. CROSS, WELL, IT'S REALLY NOT YEAR ROUND.
UM, IF, I'D BE SURPRISED IF, IF WE USE IT ONE OR TWO WEEKENDS THE ENTIRE SUMMER AND THE HUNTING SEASON FOR US REALLY BEGINS IN NOVEMBER.
SO NOVEMBER, DECEMBER, JANUARY, THOSE THREE MONTHS, WE MIGHT GET DOWN ONCE A MONTH FOR A WEEKEND TO USE THE PLACE TO HUNT.
IT'S, IT'S NOT A, IT'S NOT, IT'S NOT VERY GOOD TO BE FRANK WITH YOU.
IT'S NOT A VERY GOOD INVESTMENT ON MY, ON MY BEHALF IN TERMS OF TIME OF USE.
BUT IT'S A GREAT SPOT AND WE CAN'T, I CAN'T TELL YOU HOW MUCH WE LOVE THE PLACE.
IT'S JUST SO REALISTICALLY IT IS FOR LIMITED USAGE THEN? VERY LIMITED, YES.
ANY OTHER QUESTIONS? JUST A, A, A COMMENT.
I MEAN, IN, IN REALITY WE COULD SAY IT'S LIKE FOR HUNTING, HUNTING AND FISHING, WHICH WE'VE HAD IN THE PAST.
UH, AND A A AS FAR AS THE LENGTH, UM, YOU KNOW, IT, IT, IT WASN'T THAT LONG AGO WHEN, YOU KNOW, UH, UH, A TRAVEL TRAILER MAXIMUM LENGTH MIGHT BE 24 FEET
YOU KNOW, AND WITH TIME THEY'VE GOTTEN BIGGER AND LONGER.
SO I DON'T KNOW WHEN THE REGS WERE DEVELOPED FOR THE 36
[00:40:01]
FOOT LENGTH OR, OR WHATEVER.UH, SO THAT DOESN'T REALLY BOTHER ME.
AND, AND, UH, YOU KNOW, IT'S A REMOTE LOCATION.
IF I SEE TWO CARS IN AN, IN AN ENTIRE WEEKEND, THAT'S A LOT.
SO IT'S, IT'S THE ONLY, THE ONLY TRAFFIC WE DO SEE IN THE DEAD OF SUMMER.
OCCASIONALLY WE'LL SEE PEOPLE GOING DOWN TO THE RAMP, TOWING A BOAT TO, TO LAUNCH A BOAT.
BUT THE, THE RAMP IS VERY, I DON'T KNOW IF YOU'VE EVER BEEN TO THE YOUNGS CREEK RAMP, BUT IT'S VERY, VERY SMALL.
UM, THEY SPENT A GREAT, WHAT I WOULD BELIEVE WOULD BE A GOOD DEAL OF MONEY BUILDING THAT RAMP.
AND IT'S KIND OF A SHAME BECAUSE IT'S A BEAUTIFUL SPOT.
IT'S A CONCRETE RAMP, AND IT'S GOT A RELATIVELY NEW PIER THAT HAS TO BE 80, 90 FEET AND IT'S REALLY WELL MADE.
IT'S JUST A SHAME THAT I THINK THAT, UH, ONE OF THE FELLOWS THAT I MET WHEN WE FIRST MOVED DOWN THERE, AND I'VE BECOME PRETTY GOOD FRIENDS WITH HIM, A GUY NAMED LARRY WAYNE HART.
HE PROBABLY IS THE ONLY FELLOW THAT USES THAT RAMP EVERY DAY.
IS THERE ANY OTHER COMMENTS OR QUESTIONS? MR. PAMBY? THANK YOU LEE.
PAM, THE DEPUTY COUNTY ADMINISTRATOR, COMMUNITY ECONOMIC DEVELOPMENT.
I JUST HAD A COUPLE OF, UM, UH, COMMENTS.
UH, I'M, I'M NOT HERE TO, UH, TO ADVOCATE OR TO OPPOSE, BUT IN TERMS OF, UH, RVS IN GENERAL, UH, UM, MS. MILBURN, YOU HAD ASKED ABOUT THE, YOU KNOW, OF, UH, ABOUT THIS SITUATION.
BUT IF YOU RECALL FROM LAST YEAR, THERE WAS A SIMILAR SITUATION.
I BELIEVE IT WAS IN THE, UM, SOUTH CENTRAL PART OF THE COUNTY.
AND WE HAD A LOT OF THESE SAME QUESTIONS AT THE TIME.
YOU KNOW, WHAT CONSTITUTES TEMPORARY? WILL THEY HAVE TO MOVE THE, UH, THE UNIT AFTER A CERTAIN AMOUNT OF TIME? UH, FOR THIS PARTICULAR SITUATION, IF IT'S IN THE FLOODPLAIN, THEY WILL HAVE TO MOVE IT AFTER, I BELIEVE IT'S 180 DAYS.
BUT WE DO HAVE A CONDITION IN THE, UH, UH, IN THE, IN THE RECOMMENDATION THAT SAYS THAT ALL PERMITS HAVE TO BE OBTAINED FROM THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AMONG THOSE IS GOING TO BE, UH, UH, THE FLOODPLAIN REGULATIONS.
AND TOM BR OUR, UM, UH, OUR FLOODPLAIN MANAGER WOULD ESSENTIALLY ADMINISTER THAT PART.
BUT I JUST WANTED TO BRING UP THAT VERY SIMILAR CASE TO THIS ONE WHERE THE BZA DID APPROVE THAT ONE WITH CONDITIONS.
AND THERE WAS A, AND, AND THERE WAS DISCUSSION ABOUT, WELL, HOW LONG SHOULD THAT BE ON THERE? THAT HAS ALWAYS BEEN KIND OF A, UM, UH, UH, A CONUNDRUM IF YOU'LL, THAT'S THE BEST WORD THAT I CAN THINK OF RIGHT NOW IN TERMS OF, YOU KNOW, HOW DO WE ACCOMMODATE THESE REQUESTS, BUT ALSO HOW DO WE CON HOW DO WE CONTROL THE PROLIFERATION OF RVS THROUGHOUT THE COUNTY? IS THE OVERALL, UH, IS THE OVERALL CONSIDERATION THERE? AND IT'S A STRUGGLE BECAUSE WE DO SEE WHERE, UH, WHERE WE'VE GOT FOLKS WHO ARE TRYING TO, UH, UH, UH, TRYING TO, UM, YOU KNOW, GET IN AND, AND THEY'RE DOING IT AND, AND THEY, AND THEY COME IN WITH THE BEST OF INTENTIONS, AND THEN THEY FIND OUT THROUGH SOME, YOU KNOW, UH, UH, OBSERVATION BY OUR, UH, BY OUR OFFICERS OUT IN THE FIELD, OR IF THEY COME IN AND THEY ASK QUESTION, YOU KNOW, WELL, HOW, HOW DO WE, HOW DO WE MAKE THIS HAPPEN? UH, ONE OF THE THINGS THAT THE, THAT THE STAFF HAS BEEN KIND OF LOOKING AT ON AND OFF IS HOW DO, HOW DO WE CONTROL THE PROLIFERATION OF RVS? WHICH IS AN ISSUE.
IT'S, IT'S NOT JUST A, IT'S NOT JUST AN AESTHETIC ISSUE.
IT'S POTENTIALLY AN ENVIRONMENTAL ISSUE IF THEY DON'T, UH, YOU KNOW, IF THEY'RE, UH, UH, DUMPING WASTE IN, IN AND THAT KIND OF THING ON SITE WITHOUT, YOU KNOW, WITHOUT DOING IT PROPERLY.
BUT I JUST WANTED TO BRING UP THAT CASE FROM LAST YEAR.
UH, YOU KNOW, AGAIN, EVERY CASE HAS TO BE DECIDED ON ITS OWN FACTS, AND THIS COULD BE CONSIDERED DIFFERENT FROM THAT LAST ONE.
BUT THE LENGTH OF TIME FOR A, UH, FOR AN RV WAS A, WAS A POINT LAST TIME.
AND I BELIEVE THAT, UH, THAT THE, THAT THE SIMILAR QUESTION HAS, HAS ARISEN HERE.
BUT THERE IS A BUILT IN, UH, A, A BUILT-IN, UH, TIME LIMIT THAT'S ESTABLISHED IN THE FLOODPLAIN ORDINANCE.
BUT THIS IS SOMETHING THAT THE STAFF IS GONNA CONTINUE TO LOOK AT, UH, IN TERMS OF CALLING IT A HUNTING LODGE.
UH, A LODGE IN, IN MY OPINION, AGAIN, AS THE ZONING ADMINISTRATOR AS WELL AS A DESIGNATED ZONING ADMINISTRATOR, IS, IS A, IS AN ACTUAL STRUCTURE AND NOT A TEMPORARY STRUCTURE OR AN RV.
SO IF WE CONTINUE TO RECEIVE APPLICATIONS FOR, QUOTE UNQUOTE HUNTING
[00:45:01]
LODGES OR, UH, OR WHATEVER ELSE IS INCLUDED IN THEIR HUNTING, FISHING, WHAT HAVE YOU, THAT IT BE A, UH, AN ACTUAL STRUCTURE AND THAT IT ALSO BE ON THE SUBJECT PROPERTY THAT'S BEING HUNTED.SO, UH, YOU KNOW, I'M GETTING INTO A LITTLE BIT MORE THAN I REALLY ANTICIPATED, BUT SINCE HUNTING LODGES WAS BROUGHT UP, UH, UH, I AGREE THAT THIS IS NOT A HUNTING LODGE AND THAT ANY FUTURE APPLICATIONS WE RECEIVE, UH, WILL BE SCRUTINIZED UNDER THAT, UH, YOU KNOW, UNDER THAT CONCEPT OF THE PROPERTY THAT THEY ARE REQUESTING THE HUNTING LODGE FOR BE THE, BE THE SAME PROPERTY THAT'S BEING HUNTED SO THAT THEY'RE NOT APPLYING FOR A, UH, FOR A QUOTE UNQUOTE HUNTING LODGE ON A, ON A ONE ACRE PIECE OF PROPERTY.
AND THE 200 ACRES THAT THEY PLAN ON HUNTING IS 15 MILES AWAY.
BUT THESE ARE JUST ONE OF THE DIFFERENT SITUATIONS THAT ARISE OR THAT WE THINK OF WHEN WE RECEIVE APPLICATIONS FOR RVS AND, AND HUNTING LODGES.
THAT CONCLUDES MY REMARKS, AND I CAN FIELD ANY QUESTIONS AT THIS TIME.
ANY QUESTIONS? IN, IN DEALING WITH THE LENGTHS ON TRAVEL TRAILERS, IS THAT FROM THE ACTUAL TONGUE TO THE VERY END OF IT, OR IS IT JUST THE, THE SPACE THAT THE TRAVEL TRAILERS OCCUPIED? AND THAT'S JUST A TECHNICAL QUESTION I HAVE THAT'S REALLY NOT NECESSARILY GERMANE TO THIS, BUT THAT'S A GOOD QUESTION, AND I'LL DEFER TO THE STAFF ON HOW THEY, UH, ON HOW THEY, UH, UH, OKAY.
MEASURED THAT, UH, CITY OF JONES, UH, ZONING, UH, CODE ENFORCEMENT OFFICER FOR ZONING.
UM, THE DEFINITION IS, THE DEFINITION DOES NOT GET INTO SPECIFICS.
IT JUST SAYS MAXIMUM LENGTH, 36 FEET.
WE TAKE THAT TO MEAN TONGUE TO TIP.
IT'S, IT'S KIND OF THE SAME SITUATION AS LIKE, UH, MAX HEIGHT FOR HOUSES.
IT DOESN'T REALLY TELL US WHERE TO MEASURE.
SO IT'S THE, IT'S, IT'S THE MAXIMUM.
SO HE'S TRY, HE'S TRIED HIS RV EXCEEDS WHAT THE DEFINITION OF THE ORDINANCE SAYS.
TRAVEL TRAILER IS, UH, I ACTUALLY FOUND IT WHILE I WAS LOOKING UP THIS CASE.
I, BEFORE THIS CASE, I, I DIDN'T KNOW IT WAS IN THERE, BUT, UH, IT, IT, IT DOES SAY TRAVEL TRAILERS 36 FEET, AND THIS IS 39.
ANY OTHER QUESTIONS? DO I HEAR MOTION? YEAH.
UH, WELL, BEFORE, BEFORE I DO.
AS I SAID, AS FAR AS THE LENGTH, YOU KNOW, THAT THAT DOESN'T BOTHER.
THAT, THAT, YOU KNOW, IN, IN THE DESIGN OF IT.
UH, SO, UH, AND, AND YOU KNOW, WE'VE, WE'VE GOT OTHERS LIKE THIS AND I, I DON'T HAVE A PROBLEM WITH IT.
SO DO WE DO THE SPECIAL USE PERMIT FIRST OR THE VARIANCE? IT, IT DOESN'T MATTER.
I WOULD JUST, I, I DO THE VARIANCE FIRST.
BECAUSE DON'T GET THE VARIANCE AND DON'T RIGHT.
SO THE VARIANCE IS THE SECOND.
THE AKIMA COUNTY BOARD OF ZONING APPEALS APPROVE A THREE FOOT VARIANCE FROM THE 36 FOOT LENGTH MAXIMUM FOR TRAVEL TRAILERS PER AKIMA COUNTY CODE SECTION 1 0 6 DASH ONE ON PARCEL 67, A 35 WITH THE EIGHT CONDITIONS RECOMMENDED BY STAFF.
DO YOU WANNA HEAR A SECOND? I'LL SECOND.
MOTION HAS BEEN MADE AND SECONDED.
AND THEN WE'LL DO, UH, WE'LL DO THE SPECIAL USE PERMIT ONE.
NEXT I MOVE THAT THE MIMA COUNTY BOARD OF ZONING APPEALS APPROVE A SPECIAL USE PERMIT PURSUANT TO MIMA COUNTY CODE SECTION 1 0 6 DASH 53 14 TO ALLOW FOR A TRAVEL TRAILER ON THE PROPERTY ON TAX PARCEL 67 A 35 WITH THE EIGHT CONDITIONS RECOMMENDED BY STAFF MOTION HAS BEEN MADE.
AND DO I HEAR A SECOND? SECONDED MOTION HAS BEEN MADE AND SECONDED.
LADIES AND GENTLEMEN, THANK YOU VERY, VERY MUCH.
I REALLY APPRECIATE YOUR TIME AND ATTENTION TO IT, AND I ASSURE YOU THAT WE WILL DO OUR VERY, VERY, VERY BEST TO MAKE SURE EVERYTHING THAT, UH,
[00:50:01]
MR. JONES HAS INDICATED WITH THESE EIGHT, UH, CONDITIONS GETS TAKEN CARE OF IMMEDIATELY.OKAY, SO THAT'S, THOSE ARE ALL THE CASES WE HAVE.
UM, I COULD TRY AND GET US THROUGH THE REST OF THIS.
UH, SO WE'VE GOT, WE'VE GOT TWO THINGS.
UH, ONE I'LL JUST GO THROUGH REALLY QUICKLY.
UH, WE HAVE SIX CASES FOR JULY.
UM, FIVE PRESENTATIONS, SIX CASES, UH, TWO ARE FOR RVS, ONE IS FOR, UM, A SOLAR ARRAY.
UM, ONE IS FOR A, UM, A SIGN NOT LOCATED WHERE THE BUSINESS IS.
AND THE LAST ONE IS FOR, UM, AN ACCESSORY DWELLING.
THEY NEED A SPECIAL USE PERMIT FOR THE ACCESSORY DWELLING AND, UH, AT LEAST TWO VARIANCES.
ONE FOR SIZE AND ONE FOR, UM, DISTANCE AWAY FROM THE FIRST HOUSE.
UM, SO THAT'S WHAT WE'VE GOT IN THE HOPPER FOR JULY.
UM, THE OTHER THING IS, UH, NEXT MEETING IS ON JULY 4TH WEEK.
UM, SO, YOU KNOW, IF, IF YOU GUYS WOULD PREFER TO HAVE THAT MEETING ON JULY 9TH, WHICH WOULD BE THE NEXT WEDNESDAY, UM, STAFF, WE, WE WOULD RECOMMEND THAT BE THE CASE BECAUSE JULY 4TH WEEK IS VERY BUSY.
PEOPLE HAVE PLANS, BUT I'LL LEAVE FINE WITH ME.
I'LL LEAVE THAT UP TO YOU GUYS.
UH, YOU, YOU NEED A MOTION? I, I, I BELIEVE SO, YES.
I MOVE THAT WE CHANGED THE JULY MEETING TO THE NINTH.
UH, AND IT DEALS WITH THE ONLINE MEETINGS.
UH, AND IT'S, IT SAYS FOR THE ONLINE MEETINGS THAT WE HAVE TO HAVE A QUORUM PRESENT IN ORDER TO VOTE FOR THAT.
AND SO WE COULDN'T USE AN ONLINE PERSON TO CREATE A, A QUORUM.
IS THAT CORRECT? YES, THAT'S CORRECT.
DEFINITELY QUORUM, PHYSICALLY PRESENT.
THAT'S, I JUST WANNA MAKE SURE ABOUT THAT.
WHICH ONLY TWO PEOPLE CAN PARTICIPATE REMOTELY AS LONG AS YOU HAVE, RIGHT? WE OR WE HAVE TO HAVE AT LEAST THREE PEOPLE HERE.
I MEAN, WE COULD HAVE THREE PEOPLE HERE, ONE PERSON REMOTE AND ONE PERSON ABSENT AND STILL DO IT.
BUT YOU HAVE TO HAVE THE QUORUM HERE OR WE CAN'T DO THAT.
ANY OTHER COMMENTS OR QUESTIONS? MOTION TO ADJOURN.
MOTION HAS BEEN MADE AND SECONDED.