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I'M THE VICE CHAIR

[00:00:01]

OF THE BOARD

[Board of Zoning Appeals on July 9, 2025.]

OF ZONING AND APPEALS.

UM, THIS IS FOR OUR MEETING FOR, UH, JULY.

AND, UH, WE DO HAVE A QUORUM PRESENT.

UH, DO WE HAVE, UH, A MOTION THAT WE WOULD, UH, USE THE PRESIDENT AGENDA, ADOPT THE AGENDA? SO MOVED.

SO MOVED.

BEEN MOVED IN SECOND.

ALL IN FAVOR? AYE.

AYE.

OKAY.

IT'S BEEN APPROVED.

UH, OUR MINUTES.

HAS EVERYONE HAD A CHANCE TO REVIEW OUR MINUTES? I REVIEWED THEIR PRETTY MUCH VERBATIM.

OKAY.

I GOT A MOTION TO APPROVE THE MINUTES WITH THE NECESSARY CORRECTIONS.

WE DID HAVE ONE, ONE MINOR CORRECTION, JUST TO A NAME SECOND FOR SECONDED.

ALL IN FAVOR? AYE.

AYE.

THE MINUTES HAVE BEEN APPROVED.

UH, TIME FOR PUBLIC HEARING.

HI, UH, C JONES, CODE ENFORCEMENT OFFICER FOR ZONING.

UM, WE'VE GOT THREE CASES TODAY AND WE'RE GONNA START WITH, UH, ISH.

FARM SOLAR SYSTEM.

THIS IS, UH, SUSE 0 0 0 0 7 4 DASH 2025, AND A VARIANCE, UH, 0 0 0 0 9 1 20 25.

THAT'S A SPECIAL USE PERMIT FOR A LARGE SOLAR ENERGY SYSTEM.

185 FOOT VARIANCE FROM THE 200 FOOT SETBACK FROM A PROPERTY LINE, AND A 69 FOOT VARIANCE FROM THE 500 FOOT SETBACK FROM CLOSEST EXISTING DWELLING.

THIS IS SOME BACKGROUND INFORMATION.

UH, THE APPLICANT IS LAD STRINGFELLOW.

THE PROPERTY OWNER IS ISH FARM LLC.

THE LOCATION IS 27 DASH A DASH 60.

UM, IT'S, UH, 63 ACRES ZONED AGRICULTURAL, AND THERE IS A POULTRY FARM CURRENTLY ON THE SITE.

UM, THIS IS THE SITE PLAN, UM, SHOWING THE CLOSEST, UH, SETBACK DISTANCE BEING 15 FEET, AND THE CLOSEST EXISTING DWELLING BEING 431 FEET AWAY.

SO THAT'S THE AERIAL MAP.

UM, THE POULTRY FARM HAPPENS AFTER WE DID THE PHOTOS.

SO THE POULTRY FARM IS IN THIS LOCATION, ROUGHLY.

THE SOLAR FARM IS GONNA BE ROUGHLY IN THAT LOCATION THERE.

UH, ZONE AGRICULTURAL, UH, FUTURE ZONING IS ALSO AGRICULTURAL, UH, NOT IN A FLOOD ZONE, NOT IN THE CHESAPEAKE BAY PRESERVATION AREA.

UM, SO SOME PHOTOS, UM, THE BOTTOM TWO ARE KNOX LANDING ROAD.

THIS ONE IS GOING TOWARDS, UM, ATLANTIC.

THIS ONE IS GOING TOWARDS THE HIGH SCHOOL ARCADIA HIGH SCHOOL.

UM, THIS, UH, THIS AREA HERE WITH THE, UH, DYING GRASS IS THE APPROXIMATE LOCATION OF THE SOLAR FARM.

AND, UM, THIS IS THE APPROXIMATE, UH, VIEW.

LOOKING AT THE CLOSEST EXISTING DWELLING IT IS BEHIND THESE TREES HERE.

SO WE'RE GONNA START WITH SPECIAL USE PERMITS FIRST.

UH, NUMBER ONE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD, UH, RESPONSE, NO ADVERSE IMPACT IS ANTICIPATED.

THE SURROUNDING AREA IS COMPROMISED OF FARMLAND AND EXISTING POULTRY OPERATION AND RESIDENTIAL HOMES.

UH, NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES.

THE ANSWER IS NO.

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.

UH, NUMBER FOUR, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS, UM, NO ADVERSE IMPACT WILL RESOLVE.

THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS.

NUMBER FIVE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES ADJOINING TO ADJOINING AND NEARBY PROPERTY OWNERS, UH, NO ADVERSE IMPACT IS ANTICIPATED.

NUMBER SIX, WHETHER THE PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, UH, THE USE WILL NEITHER HINDER OR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.

NUMBER SEVEN, WHETHER THE PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS, UH, LARGE SCALE SOLAR FARMS, SUCH AS THESE ARE ALLOWED BY SPECIAL USE PERMIT.

UH, NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE, THE ANSWER IS NO.

THIS USE HAS NO BEARING ON

[00:05:01]

PUBLIC NECESSITY OR CONVENIENCE.

SO NOW WE SWITCH OVER INTO THE VARIANCE PORTION OF THIS USE.

UH, NUMBER ONE, STRICT APPLICATION VERSUS UNREASONABLE RESTRICTION VERSUS ALLEVIATING HARDSHIP FROM A PHYSICAL CONDITION.

THE ANSWER IS, UH, NO, GIVEN THE SIZE OF THE PROPERTY, THERE ARE MULTIPLE POSSIBLE LOCATIONS THAT THIS SOLAR FARM SYSTEM COULD BE PLACED TO WHERE A VARIANCE IS NOT REQUIRED.

IT IS THE APPLICANT'S DECISION AS TO WHERE THE SOLAR SYSTEM IS LOCATED.

NUMBER TWO, WAS THE PROPERTY ACQUIRED IN GOOD FAITH? UH, THE ANSWER, YES, THE SITE APPEARS TO HAVE BEEN ACQUIRED IN GOOD FAITH.

IT IS, AGAIN, IT IS THE APPLICANT'S DECISION AS TO THE LOCATION.

UH, NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.

UH, RESPONSE, NO DETRIMENTAL EFFECTS ARE ANTICIPATED.

UH, NUMBER FOUR, IS THE SITUATION GENERAL OR RECURRING IN NATURE TO AMEND ORDINANCE TO ALLEVIATE THE SITUATION AND WHEN THE RESPONSE IS NO, THIS IS NOT A GENERALLY RECURRING SITUATION, AND THE SETBACK VARIANCES ARE SPECIFIC TO THIS USE.

UH, NUMBER FIVE, WOULD THIS RESULT IN A USE NOT OTHERWISE PERMITTED? UH, NO.

THE PROPERTY IS ZONED AGRICULTURAL AND A LARGE SOLAR SYSTEM, UH, IS ALLOWED BY SPECIAL USE PERMIT.

THE SPECIAL USE PERMIT IS PART OF THIS CASE.

AND NUMBER SIX, IS THE REMEDY SIGN AVAILABLE THROUGH SPECIAL EXEMPTION? UH, NO.

THERE IS NO OTHER PROCESS AVAILABLE TO ADDRESS THE REQUEST.

UM, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS.

I HAVE NOT RECEIVED ANYTHING IN WRITING.

I HAVE RECEIVED PHONE CALLS, UM, CONCERNING THE PROJECT, BUT I HAVEN'T RECEIVED ANY LETTERS FOR THIS CASE.

JASON, UH, STAFF FINDINGS, UH, LARGE SOLAR ENERGY SYSTEMS ARE ALLOWED BY SPECIAL USE PERMIT.

THE LOCATION OF THE SOLAR ENERGY SYSTEM IS SUCH THAT IT NEEDS A 185 FOOT VARIANCE FOR THE 200 FOOT SETBACK FROM THE PROPERTY LINE, AND A 69 FOOT VARIANCE FOR THE 500 FOOT SETBACK FROM THE CLOSEST ADJACENT RESIDENTIAL STRUCTURE.

AND, UH, NO DETRIMENTAL EFFECTS ARE ANTICIPATED FOR THE SURROUNDING AREA, STAFF RECOMMENDS APPROVAL OF SUSE 0 0 0 0 7 4 20 25, A SPECIAL USE PERMIT TO ALLOW FOR LARGE SOLAR ENERGY SYSTEMS WITH THE FOUR CONDITIONS BELOW.

UM, ALSO FOR THE VARIANCE PART, THE STAFF DOES NOT TYPICALLY MAKE RECOMMENDATIONS FOR VARIANCES.

HOWEVER, SHOULD THE BOARD OF ZONING APPEALS APPROVE THIS SPECIAL USE PERMIT AND THE VARIANCES, WE RECOMMEND THE FOLLOWING FOUR CONDITIONS.

UH, NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.

NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND SITE PLAN AS SUBMITTED.

NUMBER THREE, THE SPECIAL USE PERMIT SHALL EXPIRE TWO YEARS AFTER APPROVAL PURSUANT TO 1 0 6 DASH 2 54 4 E.

AND NUMBER FOUR, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES AND THE SOLAR PANELS SHALL NOT FALL INTO DISREPAIR.

HERE ARE YOUR MOTIONS.

I CAN ANSWER ANY QUESTIONS.

UM, THERE ARE ALSO SOME PEOPLE THAT WOULD LIKE TO SPEAK ON THE MATTER.

OKAY.

UM, OKAY.

UM, FROM WHAT I'VE SEEN, I HAVEN'T SEEN WHAT I WOULD CALL AN ADEQUATE RENDERING OF THE LOCATION OF THE SOLAR FARM.

AND, AND THERE ARE IN THE SUBSEQUENT GREEN, UH, CHICKEN HOUSES, THERE ARE CHICKEN HOUSES ON THIS FARM.

YES.

SO WE'LL GO BACK TO THE, THERE'S A, THIS IS THE SITE PLAN? YEAH.

SO THAT'S, THAT'S THE SOLAR FARM LOCATION.

OKAY.

AND THEN THESE ARE THE HOUSES, RIGHT? UH, MANURE SHEDS AND, UM, THIS OTHER STRUCTURE HERE, THEY'RE ALREADY THERE.

THEY'RE ALREADY THERE.

MM-HMM .

AND THE REASON FOR THE LOCATION REQUIRING THIS IS THAT WOULD BE A BETTER QUESTION FOR THE QUESTION FOR THE OWNER.

AND AGAIN, THIS IS NOT A UTILITY SCALE.

NO.

THIS IS WHAT WE CLASSIFY AS LARGE SCALE SOLAR.

SO THIS IS RIGHT, I BELIEVE IT'S IN BETWEEN 15 KILOWATTS AND 999 KILOWATTS.

RIGHT.

SO IT'S IN THAT.

SO I BELIEVE UTILITY SCALE IS NOT ALLOWED IN ANYTHING'S ZONE DOWN.

UM, IT, IT'S VERY, IT'S POSSIBLE IT'S ALLOWED IN, I'M NOT A HUNDRED PERCENT SURE, BUT IT'S POSSIBLE IT'S ALLOWED BY CONDITIONAL USE PERMIT.

RIGHT.

OKAY.

THE, THE OTHER QUESTIONS I HAVE ARE FOR THE APPLICANT.

OKAY.

[00:10:03]

OKAY.

UM, IS THE OWNER HERE, UM, IF, IF YOU WOULD GIVE US YOUR, YOUR NAME AND, UH, YOUR ADDRESS AND, AND THEN WE NEED TO SWEAR YOU IN.

UH, YES.

UH, MY NAME IS HAMZA HAMMED.

UH, I'M ACTUALLY THE SON OF THE OWNER.

UM, MY DAD HAS A HEART SURGERY, SO HE'S UNABLE TO MAKE IT HERE.

SO I'M HERE, UM, REPRESENTING HIM.

AND THE ADDRESS IS 3 0 4 1 4 KNOX LANDING ROAD, OAK HARBOR, VIRGINIA, 2 3 4 1 6.

OKAY.

DO YOU SWEAR TO TELL THE TRUTH AND THE WHOLE TRUTH CONCERNING THIS MATTER, SO HELP YOU GOD? YES.

OKAY.

WHAT WOULD YOU LIKE TO TELL US ABOUT IT BEFORE WE, IS THERE ANYTHING THAT YOU WOULD LIKE TO ADD TO WHAT? UH, NO GIN.

OKAY.

ALRIGHT.

UM, SO, UH, A WHILE AGO WE HAD A, UH, APPLICATION AND THE SOLAR PANELS WERE PUT ON THE ROOFS OF THE CHICKEN HOUSES.

IS THERE A REASON, ALTHOUGH I'M SURE I KNOW THE ANSWER ALREADY, , WHY YOU DIDN'T DO THAT? BECAUSE OF THE ORIENTATION OF THE HOUSES? MM-HMM .

UM, I THINK, UH, UM, FROM WHAT I REMEMBER, THE COMPANY SUGGESTED, UM, FOR THE BETTER OUTPUT OF THE SOLAR THAT WE DO IT ON THE GROUND.

MM-HMM .

UM, I THINK THAT'S, UM, WAS FOR THE MAIN REASON.

MM-HMM .

AND THE, UH, LOCATION OF IT.

RIGHT.

NOW, DO YOU OWN THE OTHER POULTRY HOUSES ADJACENT TO THERE? THE ONE ACROSS FROM THIS? YES.

YES.

OKAY.

SO THE, THE VARIANCE IS AGAINST YOUR PROPERTY LINE, CORRECT? UH, YES.

THE PROPERTY THAT I JUST, IN THAT PROPERTY IS, UM, ALSO MY FATHER'S.

YES, YES.

MM-HMM .

SO, SO THE, THE VARIANCE TASK WHERE 180 SOME FOOT VARIANCE IS, IS BASICALLY UP NEXT TO THEM.

CORRECT.

UM, SO THE CLOSEST, THE CLOSEST, UM, PROPERTY IS ACTUALLY HERE.

YEAH.

UM, SO IT'S THIS ONE.

UM, THE NAME IS, UH, I'LL TRY MY BEST.

UH, HAMZA BUTT IS THE PERSON THAT OWNS THIS PARCEL.

SO IT'S NOT THIS, THIS IS NOT THE CLOSEST, THE VARIANCE IS, THIS IS RIGHT THERE.

THIS RIGHT.

JUST SO ALSO, OH, WELL, YEAH, THE VARIANCE IS ALSO FOR THE, FOR THE, THERE'S ALSO A VARIANCE FOR THE HOUSE.

YEAH.

SO THE CLOSEST ADJACENT RESIDENTIAL STRUCTURE IS, UH, THE HOUSE THAT'S LOCATED ON THIS PROPERTY.

CORRECT.

AND THAT WAS NOT OWNED BY YEAH.

AND THEN, AND WELL, UM, IT'S ALSO NOT OWNED BY THE APPLICANT'S.

RIGHT.

SO IT'S, IT'S OWNED BY, UH, MR. AND MRS. COX, I BELIEVE.

OKAY.

THAT'S RIGHT HERE.

OKAY.

ALRIGHT.

OKAY.

OKAY.

MM-HMM .

ANY OTHER QUESTIONS? SO I HAVE A QUESTION.

SURE.

DID I UNDERSTAND IN THE PACKET THAT THERE IS ADEQUATE LAND FOR THE SOLAR PANELS WITHOUT REQUIRING BALANCES? IS THAT CORRECT? THERE, THERE IS A, THERE IS A DISTINCT POSSIBILITY THAT THEY COULD PUT THIS SOLAR FARM SOMEWHERE ELSE ON THE PROPERTY.

THEY, IT'S, IT'S APPROXIMATELY 60 ACRES OF LAND.

SO THEY COULD, THEY COULD ORIENT THE SOLAR PANELS DIFFERENTLY.

CONCEIVABLY, THEY COULD PUT, PUT IT ANYWHERE.

NOW THERE IS A PORTION OF THIS THAT IS WOODED, UM, BUT THERE ARE OTHER LOCATIONS THIS, THE SOLAR PANELS COULD GO WITHOUT REQUIRING, WITHOUT REQUIRING A VARIANCE.

OKAY.

THAT'S CORRECT.

OKAY.

OKAY.

THERE ARE NO OTHER QUESTIONS.

I, WE'VE GOT SOME OTHER FOLK WHO WANT TO SPEAK ON THIS MATTER.

NO.

ANY OTHER QUESTIONS FOR HIM? OKAY.

UH, THE, THE FIRST NAME IS GARY HOLDEN.

IS IT? OH, HI, MY NAME IS JANE BARBARA COX.

I'M THE, UH, AND MY WIFE ANNIE HERE.

WE'RE THE OWNERS OF THE HOUSE IN GREEN.

AND I'M JUST HERE NOT TO CONDEMN ISH FARMS OR FOR OR AGAINST IT.

YOU GAVE US YOUR NAME AND THAT'S YOUR ADDRESS.

DO YOU, YEAH.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, CONSIDERING ANY MATTERS THAT I DO.

OKAY, THANK YOU.

SO, UM, WELL, OUR MAIN CONCERN IS, UH, WE'VE BEEN OWNED THIS HOUSE SINCE, UH,

[00:15:01]

APRIL OF, UH, 2013.

SO WE KIND OF LIVED WITH, UH, ISH FARMS PRODUCTS WITH CHICKEN HOUSES IN THE FRONT OF US, WHICH IS THOSE, UH, YOU CAN'T SEE 'EM ON THE MAP THERE POINTED OUT ACROSS THE STREET FROM US.

THEY'RE IN FRONT OF US AND POULTRY FARMS ARE, WHICH ARE BEHIND US.

SO WE'RE USED TO THAT.

SO WE'RE NOT HERE TO CONDEMN ISH FARMS. THEY, YOU KNOW, AS FAR AS OUR WE'RE CONCERNED, WE, YOU KNOW, WE COULD DO WHAT THEY LIKE, YOU KNOW, IT'S THEIR PROPERTY.

THE ONLY THING WE'RE CONCERNED ABOUT IN THIS HOUSE HERE THAT WE LIVE IN IS THE, UH, CONSTRUCTION HOURS.

YOU KNOW, YOU KNOW, I'M NEAR AN 80 YEARS OLD, MY WIFE IS NOT TOO FAR BEHIND ME, AND NO, WE DON'T WANNA BE WOKEN UP IN THE MIDDLE OF THE NIGHT WITH BRIGHT LIGHTS AND BANGING AND HAMMERING AND WHATNOT.

SO I NOTICED THAT THE PLAN DOESN'T ADDRESS, MAYBE THEY DON'T HAVE THE HOURS YET OF THE, WHEN THE CONSTRUCTION'S GOING TO START AND WHAT THE HOURS OF CONSTRUCTION GOING TO BE, YOU KNOW, IN THE MORNING AND NIGHT, OR 24 HOURS A DAY OR WHATEVER.

AND SO THAT'S WHAT BASICALLY WE'RE HERE FOR, TO TALK ABOUT.

UH, YOU KNOW, IS THERE GONNA BE A TIME LIMIT ON THIS CONSTRUCTION AS PER, YOU KNOW, THE HOURS OF THE DAY? OR DOES HE GONNA HAVE CARTE BLANCHE? AND SO THAT'S THE REASON, UH, THAT'S MY QUESTION.

OUR QUESTION, OUR CONCERN, OUR QUALITY OF LIFE.

WOW.

YOU KNOW, UM, I, 'CAUSE WE'RE HAPPY, I MEAN, CON WE'RE CONTENT.

THE ISH FARMS, WE HAVE NO ACTS TO GRIND AGAINST THEM.

THEY'RE, IN FACT, WE'RE APPRECIATIVE OF WHEN THEY BUILD A PO.

POULTRY FARMS BEHIND US.

I THOUGHT, OH MY GOD, HERE WE GO.

I'M GONNA BE SANDWICHED IN LIKE A TUNA FISH.

YOU KNOW? UH, SO NO, THEY'VE BEEN, IN FACT, THEY HAD TO HAVE POULTRY FARM PRACTICALLY BUILT WHEN I REALIZED THEY WERE BUILDING SOMETHING BACK THERE.

THAT'S HOW QUIET THEY, YOU KNOW, WERE.

SO, BUT NO, THAT'S OUR CONCERN, OUR QUALITY OF LIFE.

YOU KNOW, ARE WE GONNA BE ABLE TO SLEEP AT NIGHT OR CHANGE OUR HOURS OR MOVE TO A HOTEL OR WHATEVER.

YEAH, I THINK THAT'S A LITTLE BEYOND OUR PURPOSE.

OKAY.

THANK YOU, SIR.

UM, WE COULD ADD A CONDITION TALKING ABOUT HOURS OF, HOURS OF CONSTRUCTION.

UM, I'M JUST SPITBALLING IDEAS HERE, BUT WE COULD SAY NINE TO SIX.

WE CAN ADD A CONDITION OF APPROVAL FOR HOURS OF CONSTRUCTION.

THANK YOU.

OKAY.

UH, IS THERE GARY HOLDEN THAT'S HERE? UM, THEY WERE HERE.

THEY, THEY ACTUALLY LIVE UP PAGE FISHER ROAD.

AND ONCE THEY UNDERSTOOD THAT THE LOCATION OF THE SOLAR FARM AS OPPOSED TO THEIR HOUSE, THEY LEFT.

OKAY.

AND SHARON BLACK AS WELL? UH, THERE WERE THREE OF THEM.

OKAY.

SHE MIGHT HAVE BEEN WITH THE OKAY.

WITH THE TWO GENTLEMEN.

OKAY.

SURE.

DO WE HAVE ANY OTHER QUESTIONS BEFORE WE, THEY WERE THE ONLY, I I HAVE A QUESTION, CINDY.

SURE.

UM, SO, UH, AS FAR AS THE, THE MAINTENANCE AND UPKEEP AROUND MM-HMM .

THE SOLAR PANELS IN THE PAST, THAT'S BEEN MORE OF AN ISSUE THAN THE SOLAR PANELS THEMSELVES, RIGHT? WELL, THAT, THAT THE CONDITION WOULD, WOULD ALSO, LET'S SEE, .

SO THE CONDITION SAYS THE PROPERTY, SO IT WOULD INCLUDE MM-HMM .

THE SOLAR PANELS, THE AREA AROUND THE SOLAR PANELS.

TECHNICALLY IT WOULD INCLUDE THE POULTRY FARM MM-HMM .

SO, UM, THE CONDITION WOULD ENCOMPASS THE AREA AROUND THE SOLAR PANELS MM-HMM .

UM, SO IN CASE FOR EXAMPLE, THEY BECOME OVERGROWN OR THE PANELS THEMSELVES BECOME BROKEN THROUGH WHATEVER MEANS, AND NO EFFORT HAS BEEN MADE TO REPAIR THEM.

UM, SO THE, THE, THE WAY I LOOK AT IT IS, AS FAR AS AN ALTERNATE LOCATION, UM, I'M OPPOSED TO SOLAR PANELS TAKING FARMLAND OUT OF PRODUCTION.

OKAY.

HENCE THE, THE LAW ABOUT, OR THE REG REGARDING

[00:20:01]

UTILITY SCALE.

RIGHT.

NOT BEING ALLOWED IN ANYTHING ZONED AGRICULTURE.

OKAY.

SO I, I SEE THE ORIENTATION OF THIS AS FAVORING THAT CONCEPT.

MM-HMM .

BECAUSE ANOTHER LOCATION WOULD PROBABLY TAKE ACTIVE FARMLAND OUT OF PRODUCTION.

SO WITH THE PHOTOS, UM, WHERE, WHERE THIS IS, I MEAN, THERE ARE CROPS THERE.

YEAH, YEAH.

UM, BUT RELATIVELY, BUT TO YOUR POINT, YES.

IT'S PUTTING THIS SOMEWHERE ELSE COULD CONCEIVABLY TAKE MORE FARMLAND AWAY.

RIGHT.

OKAY.

WE NEED TO DEAL WITH THE VARIANCE FIRST.

WELL, IF WE'RE GONNA, IF WE'RE GONNA ADD THE CONDITION ABOUT HOURS OF CONSTRUCTION, UM, WE WOULD PROBABLY NEED TO DO THAT BEFORE WE MAKE THE MOTION, BECAUSE THE CONDITIONS WILL BE, THE CONDITIONS WILL BE APPROVED WITH THE MOTION.

RIGHT.

UM, SO, UH, MY, MY THOUGHT IS MAYBE HOURS OF OPER, HOURS OF CONSTRUCTION OKAY.

WOULD BE, UH, 7:00 AM TO 7:00 PM THAT WORKS.

I'M SORRY? WE'RE PROPOSING 7:00 AM TO 7:00 PM FOR HOURS OF CONSTRUCTION? YES.

FIVE.

OKAY.

SO 10.

SO, UM, SO THAT CONDITION WOULD READ AS, UM, THE HOURS OF OPERATE OR THE HOURS OF CONSTRUCTION SHALL BE FROM 7:00 AM TO 7:00 PM AND THAT WOULD BE OUR FIFTH, FIFTH CONDITION.

YES.

DO WE HAVE ANY RECOMMENDATIONS DO CAN THE APPLICANT WEIGH IN ON, ON THAT OR JUST A SECOND? UH, YES.

UM, WHAT DO YOU THINK? THIS IS A PROBABLY A QUESTION FOR THE COMPANY THAT'S GONNA, UH, CONSTRUCT IT.

UM, WELL, BUT YOU'RE, YOU'RE THE OWNER THAT'S, THAT'S GONNA BE PAYING THEM.

AND I THINK THIS IS A FAIR, FAIR, MORE THAN FAIR REQUEST.

I, I THINK I WOULDN'T HAVE A PROBLEM WITH IT, BUT AGAIN, IT WOULD BE A QUESTION FOR THE, UH, COMPANY.

WELL, YOU KNOW, THEY WOULDN'T HAVE MUCH CHOICE IN IT.

I GOT YOU , SO, OKAY.

THANK YOU.

DO, ARE WE READY FOR A MOTION? DO, DO YOU NEED THAT AS A SEPARATE MOTION THEN? YES.

THEY, THEY, THE VARIANCES WILL GO FIRST AND THE SPECIAL USE PERMIT YEAH.

WILL BE SEPARATE.

YEAH.

I WOULD MOVE THAT WE, WE AS A, UH, AN ADDITIONAL ITEM ON THE LIST OF COMPLIANCE.

THAT BUSINESS HOURS WOULD BE 7:00 AM TO 7:00 PM CONSTRUCTION HOURS.

CONSTRUCTION HOURS, YEAH.

WOULD BE FROM 7:00 AM TO 7:00 PM OKAY.

SO THAT WOULD BE CONDITION FIVE.

YEAH.

OKAY.

WE'RE READY.

ARE WE READY FOR, UH, TO MAKE A RECOMMENDATION ON THE MOTION? ARE WE THE VARIANCE OR THE, UM, IT, THE ORDER, THE ORDER DOESN'T NECESSARILY MATTER.

IF YOU GUYS WOULD LIKE TO START WITH THE VARIANCE FIRST, THAT'S FINE.

I MOVE THAT THE AKIMA COUNTY BOARD OF ZONING APPEALS APPROVE VARIANCE 0 0 0 0 9 1 DASH 2 0 2 5, A VARIANCE OF 180 5 FEET FROM THE 200 SETBACK DISTANCE REQUIRED IN 1 0 6 DASH 32, 32 F FIVE C, AND A 69 FOOT VARIANCE FROM THE 500 FOOT DISTANCE REQUIRED FROM A RESIDENTIAL STRUCTURE ON AN ADJACENT DWELLING WITH THE FOUR CONDI WITH THE FIVE CONDITIONS RECOMMENDED BY STAFF.

I SECOND.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

IT'S BEEN APPROVED.

OKAY.

SECOND, GO AHEAD.

I MOVE THAT MACK COUNTY BOARD OF ZONE APPEALS APPROVE, SUSE DASH 0 0 0 7 4 DASH 2 0 2 5.

SPECIAL USE PERMIT FOR PURSU TO ACK COUNTY CODE SECTION 1 0 6 DASH 53 25 4 8 LARGE SOLAR ENERGY SYSTEMS AS DEFINED FOR TAX MAP NUMBER 27 DASH A DASH 60 WITH THE FIVE CONDITIONS WE RECOMMENDED BY STAFF.

DO WE HAVE A SECOND? SECOND,

[00:25:01]

SECOND.

ALL THOSE IN FAVOR? AYE.

AYE.

OKAY.

OKAY.

SO WE'LL MOVE ON TO THE SECOND CASE.

OKAY.

UM, THIS IS AMANDA AND LEONARD AUGH.

THIS IS SUSE 0 0 0 0 7 7 DASH 2025.

THIS IS A SPECIAL USE PERMIT FOR TEMPORARY HABITATION OF AN RFE.

UM, THE APPLICANT IS AMANDA AND LEONARD HEIN BAUGH.

THE PROPERTY OWNER IS AMANDA HEIN BAUGH.

THIS, THE PROPERTY LOCATION IS ONE 11 DASH ONE DASH C ONE, OR 3 2 0 2 LANGFORD HIGHWAY.

UM, THE ACREAGE IS, UH, PLUS OR MINUS ONE ACRE.

UH, THE ZONING IS AGRICULTURAL.

THE FUTURE LAND USE RECOMMENDATION IS AGRICULTURAL.

UM, THE CURRENT USE IS A, UH, SINGLE FAMILY DWELLING.

UM, ADJACENT ZONINGS ARE AGRICULTURAL AND ADJACENT USES ARE, UH, RESIDENTIAL AND AGRICULTURAL.

IT'S MOSTLY FARMLAND AROUND THIS PROPERTY.

UH, THIS IS THE AERIAL, THIS IS THE ZONING MAP.

WE ARE ALL ZONED AGRICULTURAL, UH, THE FUTURE ZONING IS ALSO AGRICULTURAL.

WE ARE NOT NEAR ANY, UM, FLOOD ZONE REGULATIONS.

WE ARE NOT NEAR ANY CHESAPEAKE BAY PRESERVATION ACT, UH, REGULATIONS.

THESE ARE SOME PICTURES OF THE SITE.

THIS IS, UH, GOING NORTH ON LANGFORD HIGHWAY.

THIS PICTURE, BOTTOM RIGHT IS GOING SOUTH ON LANGFORD HIGHWAY.

THIS PHOTO IS OF THE TRAVEL TRAILER.

UM, THE LAST THAT I'VE TALKED WITH THE APPLICANTS, UM, THEY'RE ACTUALLY PURCHASING ANOTHER TRAVEL TRAILER.

AND THIS TRAVEL TRAILER WILL BE MOVED.

UM, AND THEN THIS IS A VIEW FROM THE ROAD KIND OF ILLUSTRATING, UM, WHERE THE RV IS GONNA BE GOING.

WHERE MY RED POINTER IS, IS WHERE THE RV IS.

SO IT'S BEHIND THE HOUSE.

THIS IS THE SITE PLAN OF THE PROPERTY.

UM, IT IS BASICALLY GOING IN THE SAME LOCATION AS THE PREVIOUS CAMPER THAT WAS APPROVED BY A PREVIOUS SPECIAL USE PERMIT.

SO THE LOCATION OF THE CAMPER IS NOT CHANGING.

UH, SO AS A SPECIAL USE PERMIT.

SO WE GO TO CONSIDERATIONS FOR SPECIAL USE PERMITS.

UH, NUMBER ONE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.

UM, NO ADVERSE IMPACT IS ANTICIPATED.

THE AREAS COMPRISED OF AGRICULTURAL LAND, THE RV WILL BE PLACED BEHIND THE HOUSE IN THE REAR OF THE PROPERTY.

UM, NUMBER TWO, WHERE THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES, THE ANSWER IS NO.

THE SITE IS NOT SERVICED BY PUBLIC WATER AND SEWER, AND IT'S ALSO GOING IN THE REAR OF THE PROPERTY.

SO THERE'S NO OVERHEAD POWER LINES OR ANYTHING LIKE THAT.

UH, NUMBER THREE, WHETHER THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.

UH, GENERALLY TRAVEL TRAILERS AND RVS DO NOT CREATE AN ATTRACTIVE AND HARMONIOUS COMMUNITY.

THIS REQUEST IS FOR TEMPORARY HABITATION WHILE THE HOME CONSTRUCTION IS BEING FINISHED.

UH, NUMBER FOUR, WHERE THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS.

UM, THE ANSWER THERE IS THE USE COULD POTENTIALLY ADVERSELY IMPACT LANGFORD HIGHWAY AS THIS IS A MAJOR HIGHWAY.

UM, BUT AGAIN, THE RV IS GONNA BE IN THE REAR OF THE HOUSE.

NUMBER FIVE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES ADJOINING FOR ADJOINING AND NEARBY PROPERTY OWNERS, UH, NO ADVERSE IMPACT IS ANTICIPATED.

UH, NUMBER SIX, WHETHER THE PROPOSED USE WILL PROMOTE THE PUBLIC SAFETY AND GENERAL WELFARE.

UM, NO DETRIMENTAL EFFECTS ARE ANTICIPATED.

UH, NUMBER SEVEN.

WELL, THE PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICES.

UH, THE RESPONSE TO BZA HAS GRANTED SUVS FOR THIS TYPE OF USE OF PREVIOUS MEETINGS.

UH, NO LOCAL LAWS, ORDINANCES, OR REGULATIONS, UM, ARE AFFECTED.

AND NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.

UH, THE ANSWER THERE IS NO, THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.

UM, NOTICES WERE PROVIDED IN THE NEWSPAPER, UM, AND TO ADJACENT OWNERS PER STATE LAW.

WE DID RECEIVE, UH, ONE LETTER THIS MORNING THAT, UM, YOU GUYS HAVE, UM, STAFF

[00:30:01]

FINDINGS.

THERE ARE THREE.

UH, THE OWNER OF THE PROPERTY IS REQUESTING A SPECIAL USE PERMIT TO LIVE IN A TRAVEL TRAILER WHILE THEY FINISH RENOVATIONS OF THE DWELLING THAT IS ON THE PROPERTY.

UM, A PREVIOUS APPROVAL FOR TEMPORARY HABITATION WAS APPROVED ON JANUARY 3RD, 2024, BUT EXPIRED ON JANUARY 1ST, 2025.

UM, THE OWNER WAS ISSUED A BUILDING PERMIT ON OCTOBER 19TH, 2022 FOR RENOVATIONS OF THE PROPERTY.

UM, NO INSPECTIONS HAVE BEEN COMPLETED SINCE MARCH 1ST, 2023.

THEREFORE, IT IS UNCERTAIN WHAT WORK, IF ANY, HAS BEEN DONE ON THE HOUSE SINCE THE FIRST SPECIAL USE PERMIT WAS GRANTED.

UH, THE RENOVATION PERMIT HAS BEEN REISSUED AND FEES HAVE BEEN PAID TO EXTEND THE PERMIT.

UM, AND NUMBER THREE, RVS IN GENERAL DO NOT FACILITATE THE CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.

UH, STAFF RECOMMENDS DENIAL OF THE SPECIAL USE PERMIT BASED ON TRAVEL TRAILERS NOT CONTRIBUTING TO AN ATTRACTIVE AND HARMONIOUS COMMUNITY, AS WELL AS THE LACK OF PROGRESS ON THE STRUCTURE WHILE THE APPLICANT HAD THE PREVIOUS SPECIAL USE PERMIT.

HOWEVER, SHOULD THE BCA GRANT, THE SPECIAL USE PERMIT STAFF SUGGEST THE APPROVAL BE SUBJECT TO THE FOLLOWING SIX CONDITIONS.

UH, NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.

NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION SITE PLAN AS SUBMITTED.

UH, NUMBER THREE, 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.

UH, NUMBER FOUR, THIS SPECIAL USE PERMIT SHALL EXPIRE ONE YEAR AFTER THE DATE OF ISSUANCE.

UH, NUMBER FIVE, THE APPROVAL DOES NOT INCLUDE SHORT-TERM RENTAL TO THE SITE.

A VIOLATION OF THIS CONDITION SHALL RENDER THE SPECIAL USE PERMIT NU AND VOID.

AND NUMBER SIX, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE TRAVEL TRAILER IS ON SITE.

HERE IS THE MOTION AND I CAN ANSWER ANY QUESTIONS THAT YOU HAVE.

UM, THE OWNER IS ALSO HERE IF YOU HAVE QUESTIONS FOR THAT.

AS FAR AS YOU KNOW, THOUGH, UH, SAID YOU HADN'T RECEIVED ANYTHING SINCE 2023.

DO YOU KNOW HOW MUCH, UH, WORK THAT THEY WERE SCHEDULING TO DO THAT GOT COMPLETED? OF THE TENANT? THAT WOULD, I AM NOT ENTIRELY SURE HOW FAR ALONG THEY'VE GOTTEN.

UM, THE BEST THAT I CAN TELL FROM THE, UM, FROM ENTER GOV IS THERE WAS SOME KIND OF FOUNDATION INSPECTION.

OKAY.

UM, AND THAT'S, THAT'S REALLY ALL I KNOW.

THAT WOULD REALLY BE A BETTER QUESTION FOR A BUILDING INSPECTOR.

OKAY.

BUT IT HAS BEEN A SIGNIFICANT AMOUNT OF TIME, UM, SINCE WE'VE GONE OUT TO INSPECT.

RIGHT.

DO WE HAVE ANY QUESTIONS FOR THEY HAVE RENEWED THEIR BUILDING PERMIT, THOUGH? YES.

YES.

THEY'VE, IT HAS BEEN, IT HAS BEEN RENEWED AND THE PERMIT, ALL THE FEES HAVE BEEN PAID AND HAS BEEN ISSUED TO CONTINUE THE RENOVATION.

OKAY.

DO YOU WANNA HEAR FROM THE, NO OTHER QUESTIONS FOR CINDY, THEN? YOU SAID THAT THE OWNERS ARE HERE? YEAH.

MR. AND MRS. AL ARE HERE.

OKAY.

YES, SIR.

OKAY.

UH, WHO, WHO'S GONNA SPEAK? I CAN SPEAK.

WE BOTH.

OKAY.

WELL, WOULD, WOULD, JUST, YOUR NAME, ADDRESS, AND LEONARD HEIN BALL.

3 20 20 LANGFORD HIGHWAY.

OKAY.

AND MA'AM? AMANDA HEIN BALL.

OKAY.

3 20 20 GLENFORD.

AND DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH ON ALL ISSUES SURROUNDING THIS? SO HELP YOU GUYS? YES, SIR.

YES, SIR.

OKAY.

UH, ANYTHING YOU'D LIKE TO ADD TO WHAT SGIN HAS GIVEN US ON THIS? UM, WELL, SIR, MA'AM, SIR, UH, BASICALLY A, UH, SNOWBALL EFFECT OF LIFE HAPPENING WITH MY WIFE, AMANDA GETTING SICK THERE FOR A WHILE.

AND, UM, SHE HAD SEVERAL OPERATIONS, SO IT'S KIND OF PUT A DELAY ON A FEW THINGS.

UM, SO I'VE BEEN WORKING A LOT OF EXTRA OVERTIME, WORKING NIGHTS.

MATTER OF FACT, I JUST, JUST GOT OFF OF WORK AND GOT HERE.

I, UH, ACTUALLY PICK UP EGGS AND CHICKENS.

I, I, I'M A TRUCK DRIVER FOR TYSON.

UM, SO I'VE BEEN DOING A LOT OF EXTRA WORK, GETTING THE MONEY AVAILABLE.

AND WE HAVE HAD TWO PLUMBERS IN THE HOUSE, UM, THAT DID NOT WORK OUT VERY GOOD.

SO, YEAH, ONE, ONE GOT HALFWAY THROUGH AND LEFT, AND THE OTHER ONE JUST THE CODES WASN'T THERE.

SO, NEW UPDATE WE GOT, UH, WE HAVE A, A NEW PLAN FOR A PLUMBER JUST COMING UP WITH THE MONEY AND, AND GETTING HIM TO, UH, TO COME IN AND, OH, WE'RE ALMOST THERE.

7,000.

ANOTHER 7,000.

SO, SO BASICALLY WE HAVE THE PLUMBING, UM, WE HAVE ALL THE FRAMING DONE.

[00:35:01]

I HAVE PICTURES.

WE JUST NEED TO GET THE INSPECTION DONE ALONG WITH A, UM, ALL NEW ELECTRIC.

YEAH, THE ROUGH AND ELECTRICAL WAS DONE FOR THE DOWNSTAIRS PART THAT WAS INSPECTED, BUT IT SAYS IT WAS NOT APPROVED BECAUSE THE WHOLE HOUSE WAS NOT APPROVED.

IT WAS IN SECTION.

WE HAD ADDED STUFF, ADDED FOOTAGE, OR WE WOULD DONE, UM, I DON'T KNOW WHAT ELSE TO SAY OTHER THAN WE'RE STILL TRYING TO MOVE FORWARD WITH IT.

AND BOTH WORKING.

I'M JUST, AND WE'RE, WE'RE BOTH WORKING.

SHE'S, SHE'S BEEN OFF FOR GOING TO INFUSIONS AT THE CANCER CENTER.

YEAH.

OKAY.

IT'S MY FAULT.

AS FAR AS YOUR STAGE OF COMPLETION ON WHERE YOU ARE, HOW FAR ALONG ARE YOU? WE WILL, WE'RE HOPING TO GET IN BY CHRISTMAS AND ACTUALLY ENJOY THE HOUSE INSTEAD OF A DWELLING, BUT A HOLE.

WE'RE GONNA PUSH IT.

I'M PUSHING MY BODY AND HE'S PUSHING HIS, IT'S BASICALLY THE, THE PLUMBING IS HOLDING US UP AT THE MOMENT.

UM, THAT, AND WE, WE JUST GOT PERMITS ALSO.

SO, UM, IT DOES TAKE MONEY.

AND WE, WE DID HAVE A, AN, AN, AN ENGINEER SO THAT THEY WERE COMING OUT TO DO THE STRUCTURAL $8,000.

YEAH.

SO WE, IT'S JUST BEEN A LOT OF, UH, ROUNDABOUT.

OKAY.

ANY QUESTIONS? WELL, I, I RIDE UP AND DOWN AND LOOK AT THAT HOUSE FOR THE PAST 40 YEARS, AND IT HAS BEEN SCREAMING FOR THE UPKEEP.

OF COURSE, YOU KNOW THE HISTORY ABOUT THE PREVIOUS OWNER.

YES, SIR.

AND, UH, UH, AND SO, AND IT'S A NICE HOUSE AND, UH, UH, I'M SORRY FOR ALL YOUR ADVERSITIES THAT YOU'VE HAD TO DEAL WITH.

YES.

AND, UM, OF COURSE I SEE THE PICTURE OF THE TRAILER AND WHAT'S THERE.

AND YOU'RE GETTING ANOTHER TRAILER.

ABSOLUTELY.

I ASSUME BECAUSE THAT TRAILER IS IN DISREPAIR OR NOT FUNKY LEAKING.

YES, SIR.

A BRANCH CAME DOWN AND PUT A HOLE IN IT.

SO WE ARE GONNA A ICE STORM, WE ARE GONNA DISPOSE OF IT.

SO, SO, YOU KNOW, UH, I WOULD, I WOULD SAY THAT WE SHOULD HAVE A SIX MONTH RE REPORT AND REVIEW WITH FROM YOU TO, TO REVIEW THIS IN SIX MONTHS BY US TO, TO SEE THE PROGRESS AND, AND ALSO TO, TO PUSH YOU GUYS ALONG ON THIS.

YES, SIR.

YOU KNOW, WE, WE'VE APPROVED THESE THINGS IN THE PAST AND WE'VE LITERALLY HAD 'EM LINGER FOR YEARS.

OH GOD.

FOR VARIOUS THINGS SIMILAR TO YOURS.

YOU KNOW, WE HAD, SOMEBODY HAD, UH, UH, AN INDIVIDUAL HAD A WORK RELATED INJURY AND HAD TO RECOVER FROM THAT.

AND THEN THE MAKE, YOU KNOW, SO WE, WE, YOU KNOW, WE'RE, WE'RE FAMILIAR WITH THIS, AND THAT'S OUR JOB IS TO, IS TO WORK IT OUT.

BUT I THINK A SIX MONTH REVIEW FROM YOU TWO COMING HERE AND VISITING US AND TELLING WHAT YOU'VE GOT DONE AND YOU KNOWING THAT YOU GOTTA BE HERE TO, TO GET THIS DONE.

THAT'S FAIR.

AND, AND, YOU KNOW, THERE, THERE ARE, YOU KNOW, PEOPLE AROUND THAT, THAT DO THIS WORK.

AND SOME ARE REPUTABLE AND SOME ARE NOT.

AND SO OBVIOUSLY YOU'VE HAD THE MISFORTUNE OF DEALING OF SOME, YOU KNOW, INCOMPETENT PEOPLE.

SO YOU CAN MAYBE SEEK HELP.

UH, YOU KNOW, THE STAFF HERE, YOU KNOW, THEY'RE NOT UP ON STUFF.

THEY CAN MAYBE THROW SOME NAMES AT YOU OR WHATEVER, AND YOU CAN CHECK WITH PEOPLE IN THE COMMUNITY AND ALL THAT AND MAYBE GET SOMEBODY THAT CAN GET THE JOB DONE.

UH, AND UH, AND, AND, AND EVEN THOUGH YOU'RE DEALING WITH IMMENSE ADVERSITY AT THIS TIME, UH, I THINK IT WOULD BE APPROPRIATE TO, TO HAVE A SIX MONTH REVIEW.

OKAY.

THAT'S FAIR.

YES, SIR.

AND, AND, AND DO THAT.

SO HOW WOULD WE HAVE, WOULD, WOULD THAT BECOME ANOTHER CONDITION? HMM.

WOULD THAT BECOME ANOTHER CONDITION? I THINK WE'RE WORKING THAT OUT RIGHT NOW.

OKAY.

.

I, I, I MEAN, YOU KNOW, YOU KNOW, WE, I'VE DEALT WITH THESE BEFORE AND YOU GIVE IT A YEAR AND THE NEXT THING YOU KNOW, A YEAR LATER YOU'RE ISSUING A NOTICE OF VIOLATION.

RIGHT.

AND NOTHING'S BEEN DONE.

AND THEN IT WOULD COME BACK AND WE DO THIS AGAIN.

AND THEN

[00:40:01]

I DON'T WANT IT TO COME BACK A YEAR FROM NOW.

AND, AND, AND, AND WE SAY, LOOK, WE GAVE YOU A YEAR AND IT'S NOT DONE.

ALRIGHT.

AND IN THIS WAY IT'S SIX MONTHS AND IT'S, IT'S LIKE US PUSHING YOU ALONG.

OKAY.

YOU KNOW, YOU'VE GOT A GOAL AND YES, SIR.

THE MOMENT YOUR FOOT SETS OUT OF THIS DOOR, YOU NEED TO START WORKING FOR THAT GOAL.

'CAUSE YOU'RE GONNA HAVE TO COME BACK AND SEE US.

YES, SIR.

IT JUST, WE HAVE CERTAIN SQUARE FOOTAGE BEFORE BRING POND WITH, AND I THINK IT'S JUST, WE GOTTA, WE DO HAVE TO BUS FOOT.

YOU, YOU GOTTA MAKE IT HAP IT'S NOW, YOU KNOW, YOU GET WRAPPED UP IN WORK AND YOU KNOW, AND YOU WORK HARD.

YOU COME HOME AND, YOU KNOW, IT'S HARD TO GET MOVING AND DO STUFF AND EVERYTHING.

I REALIZE IT.

BUT, BUT YOU'RE GONNA GET THIS DONE.

SLEEP WITH SHOES ON, YOU KNOW, THAT'S WHAT IT'S GONNA, THAT'S WHAT IT'S GONNA TAKE.

YES, SIR.

OKAY.

'CAUSE WE DO, WE, WE'VE SEEN THESE THINGS IN THE PAST AND, AND IT GOES ON AND ON AND ON AND, UH, YOU KNOW, AND, AND NOW YOU GOT, LIKE, NOW YOU GOT A A, A TRAILER THAT, THAT'S NOT FIT TO LIVE IN.

YOU GOTTA GET ANOTHER ONE.

AND, AND, UH, SO IT, IT, WE DON'T WANT TO SEE IT PERPETUATE.

WE WANT TO SEE IN THE HOUSE.

YES, SIR.

YES, SIR.

I'D LIKE TO HAVE CHRISTMAS TREE.

YEAH.

YEAH.

IT'D BE NICE.

WE'D LOVE FOR THAT TO HAVE.

BUT, BUT YOU KNOW, I THINK IF YOU'VE WORKED IT OUT WELL, MIKE, MIKE LEWIS IS THE ONE WE'RE GETTING NOW.

YEAH.

AND I'VE HEARD FROM A LOT OF PEOPLE THAT THEY EVEN LIKE HIM.

HE'S PRETTY REPUTABLE.

WELL, IT'S NOT OUR JOB TO SAY WHO OR WHAT OR WHATEVER, BUT, UH, WE, WE DO HAVE ONE MORE PERSON.

YEAH, I, I'VE, RIGHT.

YES.

OKAY.

THANK YOU.

BRENDA.

BRENDA, HOLDEN, WILL YOU COME UP AND GIVE US YOUR NAME AND YOUR ADDRESS AND GOOD MORNING.

BRENDA HOLDEN.

UM, I LIVE IN ONLY VIRGINIA.

OKAY.

WHO YOU, DO YOU SWEAR TO TELL THE TRUTH, WHOLE TRUTH ON THIS MATTER, SO HELP YOU GOD? YES, I DO.

OKAY.

AND WE GOT YOUR LETTER.

SAY IT AGAIN.

I SAID WE GOT YOUR LETTER AS WELL.

THANK YOU.

MM-HMM .

OKAY.

AND SORRY FOR THE DELAY IN THAT LETTER.

THANK YOU FOR ALLOWING ME TO SPEAK TO YOU.

I AM A LAND OWNER IN ACK COUNTY AND ALSO INVOLVED IN REAL ESTATE, THE PROPERTY IN WHICH WE'RE TALKING ABOUT IN PAINTER ON 13.

I DO HAVE PROPERTY THAT IS BESIDE THAT.

I, I COME BEFORE YOU ADDRESSING THE NEED THAT I FELT THAT THIS WAS REQUEST WAS FOR PERMANENT OCCUPANCY.

AND AGAIN, ONCE I'VE READ OR FOUND OUT MORE INFORMATION, IT WAS NOT GOING BACK AND LOOKING AT YOUR RULING THAT YOU DID IN 2000, I THINK IN 21, REGARDING THE SPECIAL USE PERMIT AND EXCEPT OF PEOPLE BEING ABLE TO HAVE A TRAVEL TRAILER ON THEIR PROPERTY.

SO I SEE THAT YOU'RE ASKING FOR TEMPORARY, THAT SHOULD HAVE BEEN EXPLAINED IN THE LETTER THAT CAME OUT TO ME AS TO WHAT WAS REQUESTED AS TO A TEMPORARY.

ALL I HAVE IS THAT THEY'RE TALKING ABOUT HABITATION IN THIS LOCATION.

OKAY.

AND SO THAT IS CONCERN.

THE OTHER CONCERN IS WATER AND SEWAGE.

SO WHEN WE LOOK AT DOING A TRAVEL TRAILER IN A COMMUNITY WHO IS ADDRESSING WATER AND SEWAGE, HOW IS THAT ADDRESSED? AND MAYBE, YOU KNOW, IS IT BEING HOOKED UP TO THE REGULAR HOUSE OR WHATEVER? THAT WOULD BE SOMETHING FOR THE HEALTH DEPARTMENT DEPARTMENT.

WE DON'T NECESSARILY, WE DON'T APPROVE WELL ACCEPTANCE.

IS IT A COLLABORATION BETWEEN THE HEALTH DEPARTMENT AND THIS DEPARTMENT TO ASSURE THAT A PERSON IS ESTABLISHING A TRAVEL TRAILER ON THE SITE FOR HABITATION, THAT IT IS PROPERLY HOOKED UP FOR WATER AND SEWAGE.

SO IS IT A CONNECTION BETWEEN YOUR OFFICE AND THEIR OFFICE TO ASSURE THAT THIS HAPPENS? YES.

SO YOU'RE SAYING YES, IT IS A CONNECTION.

YES.

AND SO RIGHT NOW YOU ARE ASSURED THAT THIS PROPERTY THAT'S ALREADY TRAILER TRA TRAILER THERE IS CONNECTED YES.

TO PROPER WATER EXEMPT.

OKAY.

SO THAT IS A MAJOR CONCERN AS TO THAT CONNECTION AND BEHA THAT WILL HAPPEN.

THE OTHER PART IS THE PERSON, THIS, THE OCCUPANCY HAS ASKED FOR THIS FOR CONTINUATION AND YOUR LAWS.

AS THE GUIDELINES INDICATED, IT WAS FOR ONE YEAR.

I THINK AT ONE TIME YOU HAD TWO YEARS AND NOW IT'S ONE YEAR.

IS THE MANPOWER THERE TO ASSURE THAT THINGS ARE HAPPENING ON THE TIME TEAM? WELL, THAT IT SHOULD BE.

AND I THINK WITH THAT DISCUSSION TODAY, YOU'RE TALKING ABOUT COMING BACK AND DOING A SIX MONTH REVIEW, THEN YOU'LL BE ABLE TO SEE THAT.

BUT AGAIN, MY CONCERN, IT LOOKED LIKE FROM THE LETTER THAT

[00:45:01]

I RECEIVED, THAT YOU ARE GOING TO PERMIT PEOPLE TO LIVE AND TRAVEL TRAILERS PERMANENTLY.

THAT'S FROM THE LETTER THAT I RECEIVED BECAUSE IT DID NOT HAVE ANY DISTINCTION INDICATING THAT THIS WAS TEMPORARY IN THERE.

SO, SO IF WE LOOKED AT THOSE CONSIDERATIONS AS WE HAVE AS ECONOMIC DEVELOPMENT, THE STRUCTURE, THE HEALTH CONCERN, AND THE COMMUNITY AT LARGE, WHEN WE ARE APPROVING THINGS OF THIS NATURE TO HAPPEN IN A COMMUNITY, I CAN ATTEST THERE IS NEED FOR MORE HOUSING IN ACK COUNTY AND NORTHAMPTON COUNTY.

SO WHEN WE LOOK AT WHAT OTHER ISSUES THAT CAN BE ADDRESSED, I THINK THAT'S NEEDED.

'CAUSE IT IS A NEED, RIGHT? CONSTRUCTION AS THEY INDICATED, KIND OF HARD TO GET PEOPLE TO WORK, TO SHOW UP FOR WORK AND DO THE WORK ONCE THEY GET THERE.

ANY QUESTIONS FOR ME? OKAY.

THANK YOU FOR TAKING THE TIME TO TALK TO ME.

THANK YOU FOR YOUR CONCERN.

UM, AND IF I COULD, I'D LIKE TO ADDRESS MR. GALE'S COMMENT ABOUT, UH, SUBSTANTIAL PROGRESS BEING MADE WITHIN SIX MONTHS MM-HMM .

AND I WOULD SUGGEST, UH, ACCOMPLISHING THAT IF THE BOARD IS INCLINED TO GRANT THE SPECIAL USE PERMIT ONE OF TWO WAYS, EITHER GRANTING IT FOR SIX MONTHS AND REQUIRING THE APPLICANT'S TO MAKE A SECOND A APPLICATION OR GRANTING IT FOR A YEAR WITH A, AN ADDITIONAL CONDITION THAT SUBSTANTIAL PROGRESS BE MADE WITHIN SIX MONTHS, SUCH THAT WE WOULD BE MONITORING IT AND IF THEY DON'T MAKE SUBSTANTIAL PROGRESS, THEY'D BE IN VIOLATION.

WE BRING IT BACK IN FRONT OF THE BOARD AS A VI AS A VIOLATION OF POSSIBLE CANCELLATION OF THE SPECIAL USE PERMIT.

MR. CAMPBELL, WHAT? WELL THEN THERE'S THE TERM SUBSTANTIAL .

I I, I'VE BEEN TRYING TO COME UP WITH A BETTER, A BETTER WORD OVER THE PAST 10 MINUTES OR SO, AND I, I, I'M NOT SURE, I MEAN, WE COULD REQUIRE CERTAIN INSPECTIONS BE DONE SUCH AS THE PLUMBING OR ELECTRICAL WITHIN A CERTAIN AMOUNT OF TIME.

BUT THAT GETS REALLY INTO, IT GETS, YOU KNOW, I'M TRYING TO, YOU KNOW, I DON'T WANT TO BURDEN STAFF WITH, WITH A LOT OF THESE PARTICULARS, IF I SAY WE, WE, WE GRANT IT FOR A YEAR PENDING A SIX MONTH REVIEW BY THE, THE BOARD OF ZONING APPEALS.

OKAY.

AND THEN, YOU KNOW, WE, WE NEED TO HEAR, WE'VE DONE THIS IN THE PAST WHERE WE HAD MONTHLY WRITTEN REPORTS AND THAT THAT WASN'T, WASN'T WORKING.

I THINK IF WE REQUIRE THE APPLICANT TO APPEAR BEFORE US IN SIX MONTHS WITH A REPORT AND THEY CAN SAY, WELL WE DID THIS, THIS, AND THIS, AND I AGREE WITH WHAT YOU'RE SAYING, IF YOU GIVE 'EM A CHECKLIST AND SAY YOU CAN DO THIS, BUT I I I THINK MAYBE, UH, THE WORD SUBSTANTIAL WOULD BE, YOU KNOW, LEAVE A LOT TO INTERPRETATION IF MAYBE SOMETHING ELSE, YOU KNOW, I, SO I GUESS WE COULD MAKE IT A CONDITION THAT THEY APPEAR OF AT THE JANUARY MEETING, WHICH WOULD BE SIX MONTHS MM-HMM .

UM, TO REPORT PROGRESS, TO REPORT PROGRESS, PROGRESS.

UM, AND, AND, AND, AND AT THAT TIME, IF THERE IS NO PROGRESS, YOU KNOW, WE, WE CAN SAY THIS IS IT, YOU KNOW, YOU, YOU'VE GOT SIX MORE MONTHS TO GET IT DONE, AND IF IT'S NOT DONE IN SIX MONTHS, THAT'S THE END.

UM, AND I WOULD JUST SAY THAT UNLESS WE HAVE A CONDITION THAT THEY HAVE VIOLATED, AT THAT POINT, THE BOARD WOULD NOT BE ABLE TO RIGHT.

TO TAKE ANY PUNITIVE ACTION.

I, I, CORRECT.

I GET THAT.

I'M JUST SAYING GIVE THEM, GIVE THEM A YEAR.

ALRIGHT.

AND WITH THE REVIEW BY US AT THAT TIME, AND THAT'S A, THAT'S A REVIEW BY US AND JUST A REITERATION OF THE FACT OF, OF WHAT WE'RE GETTING AT, YOU KNOW, BECAUSE, UH, YOU KNOW, AS I SAID, WE'VE DEALT WITH THESE THINGS WITH, WITH UN UNFORESEEN ADVERSITIES.

AND, AND THAT'S OUR JOB IS TO TRY AND WORK WITHIN THAT BOTH ON THE, ON THE, THE, THE LEVEL AS A BOARD AND AS A HUMANITARIAN LEVEL.

THAT'S WHAT WE DO.

UM, SO I GUESS ALONG WITH WHAT YOU'RE SAYING NOW, UM, OR, OR WHAT YOU ARE SAYING THEN AND NOW, WE JUST WOULD REQUIRE THEM TO APPEAR AT THE JANUARY I COME HERE AND, AND, AND LOOK AT US IN THE EYE AND TELL US,

[00:50:01]

AND THAT WOULD BE AN ADDITIONAL CONDITION.

THAT WOULD BE THE ADDITIONAL CONDITION.

OKAY.

LET COME HERE AND LOOK AT US AND MR. WA LET HIM FINISH.

I DIDN'T WANT HIM TO GO ANYWHERE.

GO AHEAD.

JUST TO ADDRESS, UH, WHAT, UM, MS. HO HOLDEN BOUGHT OUT.

WHEN WE ARE SENDING LETTERS OUT, CAN WE KIND OF MAKE SURE THAT WE GOT SOME KIND OF CLARIFICATION SO THAT ADJACENT LANDOWNERS WON'T MISCONSTRUE WHAT'S ACTUALLY GOING ON? YOU KNOW, VERSUS, I MEAN, I DON'T KNOW HOW, HOW YOU GUYS FORM THE LETTER, BUT SO THAT THEY KNOW, ESPECIALLY WHEN WE'RE DEALING WITH TRAVEL TRAIL OR SOMETHING, THAT IT'S NOT PERMANENT, IT'S TEMPORARY.

UM, SO THE WAY WE'RE DOING IT PRESENTLY IS WE'RE QUOTING, UH, THE ZONING CODE LANGUAGE.

OKAY.

FOR, YOU KNOW, WHAT THEY'RE ASKING FOR UNDER THE SPECIAL USE PERMIT CODE SECTION.

UM, OF COURSE THAT SPECIAL USE PERMIT SECTION FOR TRAVEL TRAILERS IS JUST GENERAL.

RIGHT.

OF COURSE, SOME PEOPLE COME IN AND ASK FOR PERMANENT, SOME PEOPLE ASK FOR TEMPORARY.

OKAY.

UM, SO I GUESS WITH, UH, THE CONSTRUCTION ONES, WE COULD ADD AN ADDITIONAL ELEMENT INTO THE ADVERTISEMENTS INDICATING THAT IT'S JUST TEMPORARY SINCE THAT'S ALL THE PERSON IS ASKING FOR.

JUST A SUGGESTION.

.

YEAH.

OKAY.

CINDY, DO YOU HAVE ANY LANGUAGE FOR THIS ADDITIONAL, SOMETHING QUICK? UM, I WOULD JUST LIKE TO ADD IN, IN REGARDS TO, IN REGARDS TO MS. HOLDEN'S COMMENT, UM, I'M HAVING A HARD TIME WITH PERMANENT LOCATION BECAUSE EVEN IF, EVEN IF WE APPROVE A TRAILER FOR HABITATION, IT EXPIRES IN TWO YEARS.

RIGHT.

SO WE'RE NOT, WE'RE NOT NECESSARILY ALLOWING SOMEBODY TO LIVE IN AN RV FOR 20, 30, 40 YEARS.

RIGHT.

THERE IS A, THERE IS A CONDITION OF THE SPECIAL USE PERMIT.

YEAH.

SO SPECIAL USE PERMITS YES.

ARE GOOD INDEFINITELY IF PROGRESS HAS STARTED WITHIN A TWO YEAR PERIOD.

AM I CORRECT IN SAYING THAT, IN OTHER WORDS, SPECIAL USE PERMITS DON'T EXPIRE IF THEY START CONSTRUCTION? I MEAN THAT, THAT WOULD BE CORRECT.

NOW WHAT WHAT I WILL SAY IS WE, WE HAVE, WE USUALLY PUT CONDITIONS IN SAYING THAT IT EXPIRES WITHIN A TWO YEAR, YOU KNOW, WE USUALLY PUT CONDITIONS, SAY A YEAR, TWO YEARS, THREE YEARS IF IT HASN'T STARTED FROM WHAT I UNDERSTAND.

WELL, I THINK WE HAVE TWO DIFFERENT CONCEPTS HERE.

THE BOARD HAS TRADITIONALLY, OR AT LEAST SINCE I'VE BEEN HERE, PUT EXPIRATION DATES ON SPECIAL USE PERMITS FOR TRAVEL TRAILERS REGARDLESS.

OH, FOR TRAVEL TRAILERS? YES, CORRECT.

YES, YES.

TRAVEL TRAILERS.

YES.

REGARDLESS OF WHETHER THERE'S CONSTRUCTION OR YOU'RE JUST USING ANY RIGHT.

MAYBE A HUNTING CAMP OR SOME OTHER PURPOSE.

UM, AND I, JUST TO BE CLEAR, I KNOW WHAT YOU'RE TALKING ABOUT IS A DIFFERENT, A COMPLETELY DIFFERENT CONCEPT.

AND THAT IS ONCE THE BOARD FRANCE THE SPECIAL USE PERMIT, THAT USE HAS NOT COMMENCED WITHIN TWO YEARS AND IT EXPIRES.

OKAY.

IF IT DOES COMMENCE WITHIN TWO YEARS AND IT BECOMES A PERMANENT USE FOR THE PROPERTY, CORRECT? MM-HMM .

OKAY.

SO, UM, AS FAR AS THE LANGUAGE FOR THAT, UH, I BELIEVE SEVENTH CONDITION, UM, WHAT I HAVE HERE IS THE APPLICANT SHALL APPEAR BEFORE THE BZA AT THE JANUARY, 2026 MEETING TO DISCUSS PROGRESS OF THE RENOVATION OF THE DWELLING, IF THAT WORKS.

MM-HMM .

GRACE.

THANK YOU.

OKAY.

ARE WE READY TO MAKE A MOTION? OKAY.

I MOVE THAT THE AKIMA COUNTY BOARD OF ZONING APPEALS APPROVE A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 14 TO ALLOW A TRAVEL TRAILER ON THE PROPERTY ON TAX PARCEL 1 1 1 DASH ONE DASH C ONE WITH THE SEVEN CONDITIONS RECOMMENDED BY STAFF SECOND.

DO HAVE A SECOND? A SECOND.

ALL IN FAVOR? AYE.

AYE.

THAT'S PROB CAN IMPROVE.

ARE WE READY FOR THE NEXT? YOU? YOU.

[00:55:02]

OKAY.

ALRIGHT.

WE'LL, WE'LL, UH, UM, THANK YOU.

I WOULD JUST, I WOULD JUST CHECK BACK WITH THE BUILDING DEPARTMENT JUST TO MAKE SURE THEY HAVE EVERYTHING.

YEAH, NO PROBLEM.

HAVE A GOOD DAY.

THANK YOU.

OKAY, SO THE THIRD ONE THAT WE HAVE IS, UH, JOHN C BRIDGEFORTH.

AND THIS IS A, UH, IT'S SUSE 0 0 0 0 7 3 DASH 2025.

IT'S A SPECIAL USE PERMIT FOR AN OFF-PREMISES SIGN.

UM, LITTLE BACKGROUND.

UH, JOHN C BRIDGE FORCE IS THE APPLICANT.

UM, ONLY ASSETS LLC IS ARE THE PROPERTY OWNERS.

UM, IT'S TAX MAP NUMBER, 93 DASH A DASH 44 I.

UM, AND IT'S LOCATED, UH, 2 6 2 0 6 LINKFORD HIGHWAY.

IT'S THE BOJANGLES AND ONLY .

OKAY.

UH, ELECTION DISTRICT EIGHT, THE ACREAGE IS 2.95 ACRES, UH, ZONE GENERAL BUSINESS.

THE FUTURE LAND USE RECOMMENDATION IS COMMERCIAL AREA.

UH, THE PROPOSED USE IS AN OFF-PREMISES SIGN.

UM, ADJACENT ZONINGS ARE AGRICULTURAL, GENERAL BUSINESS AND RESIDENTIAL.

UH, THIS IS AN AERIAL.

SO OUR AERIALS, AGAIN, ARE A LITTLE UPDATED.

THE, UM, STORAGE FACILITY THAT THE SIGN IS GOING TO BE ADVERTISING FOR IS THIS PROPERTY HERE.

UM, THE SIGN IS GOING WHERE MY RED.IS AROUND THERE.

UM, SO IT IS, UH, ZONE BUSINESS.

UH, FUTURE ZONING IS COMMERCIAL AREA.

UM, NOT IN A FLOOD ZONE, NOT IN THE RPA.

UM, SO THIS IS A PHOTO OF THE PROPERTY, UH, LANGFORD HIGHWAY GOING SOUTH.

THIS IS A PHOTO OF THE ENTRANCE OF THE PROPERTY LANGFORD HIGHWAY GOING NORTH.

AND THIS IS THE SIGN.

SO THE, UM, MACK STORAGE SIGN IS GOING IS BASICALLY REPLACING THIS SIGN FACE HERE, THIS SIGN FACE, AND THE SIGN FACE ON THE OTHER SIDE.

SO THEY'RE NOT ERECTING A NEW SIGN.

THEY'RE REPLACING THE SIGN FACE WITH A DIFFERENT SIGN FACE TO ADVERTISE THE PROPERTY IN THE BACK.

UM, THIS IS A SITE PLAN SHOWING 50 FEET FROM THE, FROM THE RIGHT OF WAY AND 125 FEET FROM THEIR NORTH PROPERTY LINE.

UM, AND THIS IS A PICTURE OF THE SIGN ITSELF, AGAIN, REPLACING THE, UH, UH, WHAT I WOULD ASSUME YOU'D CALL LIKE A MENU BOARD SIGN READER, BOARD READER.

READER BOARD SIGN.

THANK YOU.

UM, SO CONSIDERATIONS FOR SPECIAL USE PERMITS.

NUMBER ONE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF SURROUNDING NEIGHBORHOOD.

UH, NO ADVERSE IMPACT IS ANTICIPATED WHERE THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES.

UM, NO ADVERSE IMPACT WILL RESULT.

THE INSTALLATION OF A SIGN DOES NOT AFFECT PUBLIC UTILITIES.

WE'RE JUST CHANGING THE SIGN PHASE.

UH, NUMBER THREE, WHERE THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.

UM, FIRST, UH, GENERALLY OFF-PREMISES ADVERTISING SIGNS DO NOT FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE COMMUNITY.

FURTHER, THESE SIGNS ARE PROFITABLE FOR THE OWNER AND USER OF THE SIGN AT THE EXPENSE OF THE ATTRACTIVENESS OF THE COMMUNITY.

HOWEVER, IN THIS CASE, THIS PARTICULAR SIGN WILL BE ATTACHED TO AN EXISTING SIGN POLE AND WILL REPLACE AN EXISTING SIGN BY A BY RIGHT SIGN THAT IS RELATIVELY SMALL AT THREE BY SIX FEET.

UH, NUMBER FOUR, WHERE 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, NUMBER FIVE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS, UH, NO ADVERSE IMPACT IS ANTICIPATED.

UH, NUMBER SIX, WHETHER THE PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH SAFETY, UH, AND GENERAL WELFARE.

UM, THIS USE WILL NEITHER HINDER OR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.

UH, NUMBER SEVEN, WHETHER THE PROPOSED USES IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCE AND REGULATIONS.

UM, THE RESPONSE IS THE NATURE OF OFF-PREMISES SIGNS IS UNLIMITED, ALLOWING OFF-PREMISES SIGNAGE HAS THE POTENTIAL OF ALLOWING THOUSANDS, THOUSANDS OF SIGNS THAT COULD AFFECT THE COMMUNITY AND PUBLIC SAFETY.

UM, AND ALSO THIS USE IS ALLOWED BY SPECIAL USE PERMIT.

UM, THIS PARTICULAR SIGN ADVERTISED A BUSINESS DIRECTED BEHIND THE PARCEL ON WHICH IT WOULD BE LOCATED.

AND THE PROPERTIES ARE BOTH OWNED BY THE SAME LLC.

UM, NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED

[01:00:01]

BY PUBLIC NECESSITY OR CONVENIENCE, UH, GRANTING THE SPECIAL USE PERMIT IS NOT JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.

UH, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.

I RECEIVED NO COMMENTS.

I DID RECEIVE, UH, PHONE CALLS JUST HAVING GENERAL QUESTIONS ABOUT THE PROJECT, BUT, UM, NOTHING FOR OR AGAINST STAFF FINDINGS.

THERE ARE THREE.

UH, THE SIGN WILL BE ADVERTISING SERVICES THAT ARE NOT BEING PERFORMED ON THE PARCEL.

THE SIGN IS CONSTRUCTED ON THE SIGN WILL BE ON A PROPERTY.

THE SIGN WILL BE ON A PROPERTY DIRECTLY ADJACENT TO THE PROPERTY WHERE THE SERVICES WILL BE PROVIDED.

THE SIGN IS EXISTING FROM A PREVIOUS USE AND WILL NOT REQUIRE ADDITIONAL AREA, SAME POLE, SAME SIGN, FACE.

UH, STAFF RECOMMENDATIONS.

THE STAFF RECOMMENDS APPROVAL OF SUSE 0 0 0 0 7 3 20 25, A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 1 79, WHICH ALLOWS FOR SIGNS NOT PERMITTED BY SECTION 1 0 6 DASH 1 78.

UH, THIS RECOMMENDATION IS BASED ON THE UTILIZATION OF AN EXISTING POLL FROM A PREVIOUS USE, AS WELL AS THE PROPERTY RENDERING THE SERVICES BEING ADJACENT TO THIS PARCEL.

SHOULD THE BOARD OF ZONING APPEALS APPROVE THIS SPECIAL USE PERMIT, WE RECOMMEND THE FOLLOWING THREE CONDITIONS.

UH, NUMBER ONE, THE APPLICANT SHALL OBTAIN A BUILDING PERMIT FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.

UM, THE APPLICANT SHALL ALSO COMPLY WITH VIRGINIA'S DEPARTMENT OF TRANSPORTATION AND DEPARTMENT OF HEALTH REGULATIONS.

UM, NUMBER TWO, THE BUILDING APPLICATION SHALL BE CONSISTENT WITH THIS APPLICATION.

AND NUMBER THREE, THE SIGNS SHALL BE PROPERLY MAINTAINED AT ALL TIMES.

THE SPECIAL USE PERMIT SHALL BE VOIDED IF THE SIGNS ARE FOUND TO BE IN DISREPAIR.

UM, THERE'S THE MOTION I CAN ANSWER QUESTIONS THAT YOU HAVE.

UM, THE OWNER, MR. BRIDGEFORTH IS ALSO HERE IF YOU'D LIKE TO ASK HIM ANY QUESTIONS.

NO QUESTIONS.

OKAY.

YEAH.

DID YOU WANT TO ADD ANYTHING? I MEAN, IT'S PRETTY CLEAR.

UH, THANK YOU MR. JONES.

WELL DONE.

UH, UH, COULD YOU GIVE US YOUR NAME? JOHN BRIDGE.

FOUR.

OKAY.

2 2 2 1 6.

AND DO YOU SWEAR, TELL TRUTH LY TRUTH.

DO YOU SWEAR TO TELL TRUTH WHOLE TRUTHFULLY, ANYTHING CONCERNING THIS MATTER, SIR? I DO.

THANK YOU.

UH, YEAH, IT IS JUST A MATTER OF TAKING ONE SIDE OF THE FRAME OFF OF THAT EXISTING THING, SLIDING ONE ACRYLIC OUT AND SLIDING IN ANOTHER ACRYLIC.

UM, I DO OWN BOTH OF THE PROPERTIES, UH, AND SUBDIVIDED SO THAT THE EVERYTHING'S NEAT AND TIDY, UH, DOCUMENT WISE AND, UH, COMPLETELY FORGOT ABOUT, YOU KNOW, MY SIGN, THE MACK STORAGE SIGN WILL BE ON THE, MY, UH, BOJANGLES PROPERTY.

UM, AND THEN IT WAS POINTED OUT THAT BECAUSE THEY'RE, BECAUSE I SUBDIVIDED MAYBE TWO YEARS AGO, UH, IT JUST KIND OF THREW IT OFF OF MY, MY, UH, LL THE, THE PROPER LLC.

UM, I APPRECIATE YOUR CONSIDERATION.

OKAY.

ANY QUESTIONS? OKAY.

FORM MARK.

I MOVED TO MACK CANON BOARD OF ZONING APPEALS APPROVED USE DASH 0 0 0 0 7 3 DASH 2 0 25.

A SPECIAL USE PERMIT PURSUANT TO MACK CAN CODE SECTION 1 0 6 DASH 1 79, WHICH ALLOWS FOR SIGNS NOT PERMITTED BY SECTION 1 0 6 DASH 1 78 FOR TAX MAP NUMBER, TAX MAP PARCEL 93 DASH A DASH 41.

UH, 44 I 44 I YES.

WITH THE THREE CONDITIONS RECOMMENDED BY STAFF.

SECOND.

ALL IN FAVOR? AYE.

AYE.

BEEN APPROVED.

THANK YOU.

THANK YOU.

ARE THE STAFF MATTERS? UM, UM, THE ONLY THING TO REPORT IS THAT WE ARE, UM, ADVERTISING FOR TWO, UH, BUILDING OFFICIALS.

AND HOPEFULLY WE'LL HAVE SOME NEW PEOPLE SOON.

AND THAT WE HAVE SIX S UPS.

THEY'RE ALL SUVS.

SIX SUVS, UH, SCHEDULED FOR THE NEXT MEETING.

MM-HMM .

THAT IT, THAT'S IT.

THAT'S IT.

OKAY.

OH, AND, UH, MR. PAM, IT APOLOGIZES.

HE HAD A MEETING, UH, WITH THE COUNTY ADMINISTRATOR AT 11:00 AM SO HE HAD TO RUN.

I UNDERSTAND THIS RAN A LITTLE LONG.

DO WE HAVE A MOTION FOR THAT? MOVE

[01:05:01]

TO ADJOURN.

SECOND.

SECOND.

ALL IN FAVOR? MEETING'S ADJOURNED.

THANK Y'ALL VERY MUCH.