* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. ZONING APPEALS MEETING [00:00:01] IS NOW CALLED TO ORDER. [Board of Zoning Appeals on August 6, 2025.] WHEN YOUR CASE IS CALLED AND YOU COME FORWARD, PLEASE BE READY TO BE. STATE YOUR NAME AND BE SWORN IN. UH, I THINK ALL OF OUR BOARD MEMBERS ARE PRESENT, SO THIS IS GOOD. . UH, AND WE DO HAVE A QUORUM. UH, UH, DO I HEAR A MOTION TO ADOPT THE AGENDA? SO MOVED. SECOND. SECOND. ALL IN FAVOR? AYE. SO MOVED. OKAY. UM, THE MINUTES FROM THE JULY 9TH, BC, A MEETING. DO I HEAR A MOTION TO ACCEPT THEM OR ARE THERE ANY CHANGES? MOTION TO APPROVE. SECOND, SECOND. SECOND. YOUR MOTION HAS BEEN MADE AND SECONDED TO APPROVE THE MINUTES. ALL IN FAVOR? AYE. AYE. SO APPROVED. OKAY, I THINK WE'RE READY TO BEGIN. ALL RIGHT. SO, UH, HI EVERYBODY. UH, FOR THE RECORD, I'M GIN JONES, CODE ENFORCEMENT OFFICER FOR ZONING. AND, UH, WE'VE GOT FOUR CASES TODAY. SO, UH, LET'S GET STARTED. SO THE FIRST ONE IS, UH, FOR BARBARA AND FRED FISHER. UH, THIS IS SUSE 0 0 0 0 9 9 20 25. AND IT'S A SPECIAL USE PERMIT FOR AN ACCESSORY STRUCTURE WITHOUT A PRIMARY. UM, JUST SOME BACKGROUND INFORMATION. THE APPLICANT IS BARBARA AND FRED, UH, FRED FISHER. UM, THE LOCATION IS, UH, ONE 10 DASH A DASH 35. UM, THE PROPERTY IS, UH, 27 ACRES ZONED AGRICULTURAL. UM, THE PROPERTY IS CURRENTLY VACANT. UM, THERE ARE PLANS THAT MAY IN THE FUTURE, THEY WOULD LIKE TO BUILD A HOUSE THERE. AND THE ADJACENT ZONINGS ARE AGRICULTURAL, UH, PLANS AND ELEVATIONS. SO THIS IS THE SITE IN RED, UH, CURRENTLY ZONED AG. UH, FUTURE LAND USE IS ALSO AG, UH, NOT IN THE RPA, NOT IN A FLOOD ZONE. UM, AND THEN, UH, TOP LEFT IS, UH, A PICTURE OF THE SITE OF THE ROAD GOING NORTH. UH, THIS IS BIG PINE. UM, TOP RIGHT IS, UH, UH, FROM THE ROAD GOING SOUTH. UM, THIS IS THE APPROXIMATE LOCATION OF THE, OF THE, UM, ACCESSORY STRUCTURE. AND THIS IS FROM THE LOCATION OF THE SEC OF THE ACCESSORY STRUCTURE BACK TO THE ROAD. SO IT'S PRETTY FAR BACK ON THE PROPERTY. THIS IS THE SITE PLAN. UM, 500 FEET FROM THE ROAD, AT LEAST 500 FEET FROM THE SIDE, 600 HERE, AND 400 FEET FROM THE REAR PROPERTY LINE. UM, THESE ARE JUST SOME BUILDING PLANS TO GIVE US AN IDEA OF WHAT THEY WOULD LIKE TO BUILD. UM, BASICALLY A POLE BUILDING. UM, SO CONSIDERATIONS FOR SPECIAL USE PERMITS, UH, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD. UH, THE ANSWER IS, UH, NO ADVERSE IMPACT IS ANTICIPATED. NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES, UH, NO ADVERSE IMPACT WILL RESOLVE. UM, THE SITE CURRENTLY IS NOT SERVICED BY PUBLIC AND WATER AND SEWER OR UTILITIES. OVERHEAD UTILITIES ARE NOT EFFECTIVE. UH, NUMBER THREE, WHETHER THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY. UM, NO ADVERSE IMPACT 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 PARCEL IS NOT LOCATED NEAR ANY OF THESE AREAS. NUMBER FIVE, WHETHER THE PROPOSED USEFUL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS, UH, NO ADVERSE IMPACT IS ANTICIPATED. THE PROPOSED STRUCTURE WILL NOT BE NEAR ANY ADJOINING PROPERTY OWNERS. UM, NUMBER SIX, WHETHER THE PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE. UM, 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 PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES, AND REGULATIONS. UM, THE ANSWER IS, UH, YES, THE STRUCTURE IS THE STRUCTURE IS ALLOWED BY A SPECIAL USE PERMIT. UH, NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE. UH, NO, THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE. UM, AS FOR PUBLIC COMMENTS, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW AND NO PUBLIC [00:05:01] COMMENTS WERE RECEIVED. UM, JUST ADD TO THAT, I'VE HAD SOME PEOPLE ASK QUESTIONS ABOUT THE PROJECT, BUT NOBODY SAID WHETHER THEY WERE IN FAVOR OR NOT. THEY JUST WANT TO KNOW A LITTLE MORE ABOUT, UM, THE PROPOSAL STAFF FINDINGS. THERE ARE THREE. UM, NUMBER ONE, THE APPLICANT REQUESTS A PERMIT TO BUILD AN ACCESSORY STRUCTURE ON A VACANT PIECE OF PROPERTY. UM, A SPECIAL USE PERMIT IS REQUIRED FOR THIS REQUEST AND NO DETRIMENTAL EFFECTS ARE ANTICIPATED AND NO ENVIRONMENTALLY SENSITIVE AREAS WILL BE AFFECTED. SO, STAFF RECOMMENDATIONS. THE STAFF RECOMMENDS APPROVAL OF SUSE 0 0 0 0 9 9 20 25, A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 53 27 FOR A USE OF LAND NOT SPECIFICALLY LISTED AS A USE PERMITTED BY RIGHT OR BY SPECIAL EXEMPTION IN THE AGRICULTURAL DISTRICT REGULATIONS, WHICH IS CLEARLY SIMILAR. UM, IF THE BREEZE, IF THE BZA APPROVES THIS SPECIAL USE PERMIT, THE STAFF RECOMMENDS THE FOLLOWING FOUR CONDITIONS. UH, NUMBER ONE, THE APPLICANT SHALL APPLY FOR A BUILDING PERMIT FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT. UH, NUMBER TWO, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VIRGINIA DEPARTMENT OF HEALTH AND VIRGINIA DEPARTMENT OF TRANSPORTATION REGULATIONS. NUMBER THREE, THE BUILDING APPLICATION SHALL BE CONSISTENT WITH THIS APPLICATION. AND NUMBER FOUR, THE PROPERTY SHALL BE PROPERLY MAINTAINED WHILE THE STRUCTURE IS BEING BUILT AND THE BUILDING SHALL NOT FALL INTO THIS REPAIR. THE, A VIOLATION OF THIS CONDITION SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID. AND THEN THERE'S THE MOTION, UH, I CAN ANSWER ANY QUESTIONS. ALSO, MR. AND MRS. FISHER HERE IF YOU HAVE ANY QUESTIONS FOR THEM. OKAY. ANY QUESTIONS FOR MR. JONES? OKAY, MR. AND MRS. FISHER, DID YOU WANNA COME UP AND SPEAK? I'M SORRY. HE'S DEAF, SO. OKAY. , UH, DO YOU STATE YOUR NAME? MY NAME IS BARBARA FISHER. AND DO YOU SWEAR TO TELL THE WHOLE TRUTH TO HELP YOU GOD? I DO. SO, UH, DO WE, DOES MR. FISHER WANNA SPEAK OR DOES HE JUST WANNA KIND OF SUPPORT YOU? HE'S, I DRAW. OH, OKAY. . OKAY. SO YOU WANNA JUST KIND OF GIVE AN OVERVIEW OF WHAT YOU'RE DOING? YEAH. WE WANNA PUT THE, UH, POLE BARN STRUCTURE UP SO WE CAN STORE BUILDING EQUIPMENT, UM, TRACTORS, BACKHOES SO WE CAN GET READY TO BUILD. UM, THE VACANT, THE LAND'S VACANT. WE HAVE A HOUSE IN CAPE CHARLES AND ONE IN EASTVILLE, AND IT'S TOO FAR AWAY TO MONITOR WHEN THE CONSTRUCTION IS GOING. WE WILL STAY UP THERE DURING, WITH THE CAMPER AND A GENERATOR WHILE IT WAS BEING BUILT JUST TO MAKE SURE THAT EVERYTHING IS SAFE AND SOUND UNTIL IT'S BUILT. WE DO PLAN TO BUILD NEXT SPRING. UM, WE'RE PUTTING IN THE, UH, THE METER BOX AND EVERYTHING FOR A AND N TO COME OUT AND RUN ELECTRICITY. WE DO PLAN, UH, WITHIN THE NEXT COUPLE YEARS. WE'RE FARMERS FROM PENNSYLVANIA, MY HUSBAND'S EX AMISH, UM, TO DO LIKE A HOMESTEAD. WE DO PLAN TO HAVE ANIMALS AND FARM THE LAND. THAT'S THE REASON WE BOUGHT IT. OKAY. MY BROTHER WILL, UM, OUR PARENTS DIED, LEFT US THE HOUSE IN CAPE CHARLES. WE PLAN TO MOVE ON THEIR PROPERTY AND LIVE AS A TOGETHER, BUT SEPARATELY, RIGHT NOW WE'RE LIVING TOGETHER, BEEN LIVING TOGETHER FOR SEVEN, EIGHT YEARS. UH, JUST A LITTLE BIT MORE SPACE FOR US AND GETTING OUT OF TOWN. YEAH. OKAY. ALRIGHT. ANY QUESTIONS? MM-HMM. ANY QUESTIONS? ALRIGHT. UH, DO I HEAR A MOTION I MOVE FOR APPROVAL OF SUSE DASH NINE NINE DASH 2025? A SPECIAL USE PERMIT PURSUANT TO MACK COUNTY CODE SECTION 1 0 6 DASH 53 27 FOR USE OF LAND NOT SPECIFICALLY LISTED AS A USE PERMITTED BY WRIGHT OR BY SPECIAL EXEMPTION. SPECIAL USE IN AGRICULTURAL DISTRICT REGULATION, WHICH IS CLEARLY SIMILAR TO AND COMPATIBLE WITH THE USES LISTED THEREOF FOR TAX MAP PARCEL NUMBER 1 1 0 DASH A DASH THREE FIVE WITH THE FULL CONDITIONS RECOMMENDED BY STAFF. OKAY. MOTION HAS BEEN MADE. DO I HEAR A SECOND? SECOND. OKAY. MOTION HAS BEEN MADE AND SECONDED. ALL IN FAVOR? AYE. UNANIMOUSLY APPROVED. THANK YOU. THANK YOU. AND HAVE, UH, BEST OF LUCK. THANK YOU VERY MUCH. OKAY. [00:10:02] SO THE SECOND ONE IS, UH, TOM BROOK OVER. THIS IS, UH, SUSE 0 0 0 0 6 1 20 25. THIS IS A SPECIAL USE PERMIT FOR HABITATION OF AN RV. UM, APPLICANT IS TOM BROOK OVER, UM, THE LOCATION. IT ENCOMPASSES TWO TAX PARCELS, SO 94 D DASH SEVEN DASH 16 A AND 94 D DASH SEVEN DASH 17. UM, THE ACREAGE IS APPROXIMATELY 0.33 ACRES. UH, THE ZONING IS RESIDENTIAL. THE FUTURE LAND USE RECOMMENDATION IS AG. UM, CURRENTLY IT'S VACANT, UM, BUT THE ASK IS FOR HABITATION OF AN OF AN RV. UM, SO THIS IS THE, THIS PROPERTY, UM, ENCOMPASSING TWO PARCELS. UH, THIS IS, UH, THE ZONING MAP ZONE RESIDENTIAL. UH, THIS IS FUTURE LAND USE ZONED AG, UH, NOT IN A FLOOD ZONE, NOT IN THE, UH, NOT IN THE RPA. UM, THESE ARE PICTURES OF THE SITE. UM, TOP LEFT IS A PICTURE OF THE RV. UM, TOP RIGHT IS, UH, A VIEW OF DARTY ROAD GOING BACK TOWARDS CHURCH ROAD. UM, BOTTOM LEFT IS, UM, A PICTURE OF THE RV FROM THE ROAD, KIND OF SHOWING HOW FAR BACK IT IS. AND THIS PICTURE IS DARTY ROAD GOING TOWARDS NO DARTY. UM, THIS IS THE SITE PLAN SHOWING THE LOCATION OF THE CAMPER. UM, SO NOW WE'LL 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. THE SURROUNDING AREA IS A MIXTURE OF VACANT LAND AND MANUFACTURED HOMES. UH, NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES. UH, NO, THE SITE IS NOT SERVICED BY PUBLIC WATER AND SEWER. UH, 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. UH, NUMBER FOUR, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS. UH, THE PARCEL IS NOT LOCATED NEAR ANY OF THESE AREAS. UH, NUMBER FIVE, UH, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS. UM, THE USE OF TRAVEL TRAILERS FOR HABITATION IN ONE LOCATION ADVERSELY IMPACTS THE VALUE OF ADJOINING AND NEARBY PROPERTY OWNERS. UH, NUMBER SIX, WHETHER THE PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH SAFETY AND GENERAL WELFARE. UM, NO DETRIMENTAL IMPACT OR NO DETRIMENTAL EFFECTS ARE ANTICIPATED. UH, NUMBER SEVEN, WHETHER THE PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS. UH, NO TRAVEL TRAILERS ARE NOT DESIGNED FOR USE IN ONE LOCATION CONTINUOUSLY. UM, I WOULD LIKE, SO IN HIS SITE PLAN, HE DOES SHOW, UM, SEPTIC AREA. WHEN I WAS OUT THERE, I DID NOT SEE ANYTHING THAT WOULD, I DID NOT SEE SEPTIC. UM, THAT MIGHT BE A QUESTION THAT WE HAVE FROM MR. BROOK OVER, UM, THE BEZA HAS GRANTED SPECIAL USE PERMITS FOR THIS TYPE OF USE AT PREVIOUS MEETINGS. NO LOCAL LAWS, ORDINANCES, OR REGULATIONS ARE AFFECTED. AND NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE. AND THE ANSWER IS, UH, NO. THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE. UM, I, THIS OF COURSE IS SUBJECT TO WHAT MR. BROCO BROKE OVER HAS ON HIS SITE PLAN. I DID NOT SEE, I DID NOT SEE A WELLHEAD. I DID NOT SEE A SEPTIC, BUT IT'S POSSIBLE IT'S ON THE PROPERTY. UH, PUBLIC COMMENT NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW. I RECEIVED, UH, NO PUBLIC COMMENTS. UM, I DID RECEIVE QUESTIONS ABOUT THE PROJECT, BUT, UM, NOBODY FOR OR AGAINST, UH, STAFF FINDINGS ARE THREE. THE OWNER OF THE PROPERTY IS REQUESTING A SPECIAL USE PERMIT TO LIVE IN A TRAVEL TRAILER. THIS TRAVEL TRAILER WILL BE LOCATED IN A RESIDENTIAL ZONED AREA. UM, THIS IS AN AFTER THE FACT APPLICATION. UM, THE RV IS ALREADY THERE. UM, AND [00:15:01] GENERALLY, UH, TRAVEL TRAILERS DO NOT CONTRIBUTE TO A HARMONIOUS COMMUNITY AND ADVERSELY AFFECT PROPERTY VALUES. UH, STAFF RECOMMENDATIONS. UH, STAFF RECOMMENDS DENIAL OF THE SPECIAL USE PERMIT BASED ON TRAVEL TRAILERS NOT CONTRIBUTING TO AN ATTRACTIVE AND HARMONIOUS COMMUNITY AND THE POTENTIAL EFFECT ON ADJOINING A NEARBY PROPERTY OWNER. HOWEVER, SHOULD THE BCA GRANT THE SPECIAL USE PERMIT STAFF SUGGEST THE APPROVAL BE SUBJECT TO THE FOLLOWING SEVEN CONDITIONS. UH, NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT. UH, NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND PLOT PLAN AS SUBMITTED. NUMBER THREE, THE SPECIAL USE PERMIT SHALL BECOME NULL AND VOID SHOULD THE PROPERTY BE SOLD OR TRANSFERRED. UH, NUMBER FOUR, 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. UM, THIS SPECIAL USE PERMIT SHALL EXPIRE TWO YEARS FROM THE DATE OF ISSUANCE PURSUANT TO SECTION 1 0 6 DASH 2 54 OR 2 52, SORRY, UH, FOUR E AT WHICH POINT THE APPLICANT WOULD NEED TO REAPPLY FOR ANOTHER SPECIAL USE PERMIT. UH, NUMBER SIX, THE APPROVAL DOES NOT INCLUDE SHORT-TERM RENTAL OF THE SITE. A VIOLATION OF THIS CONDITION SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID. AND NUMBER SEVEN, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE TRAVEL TRAILER'S ON SITE. OKAY. THERE'S THE MOTION. UM, MR. BROOK OVER IS HERE IF YOU HAVE ANY QUESTIONS FOR HIM OR I CAN ANSWER QUESTIONS. OKAY. ANY QUESTIONS FOR MR. JONES? HEARING NONE IS MR. BROOK OVER HERE, WOULD YOU LIKE TO COME FORWARD? YES, PLEASE. OKAY. MORNING, STATE YOUR NAME. TOM BROOK. EVER. AND DO YOU SWEAR TO TELL THE WHOLE TRUTH, SO HELP YOU? YES, I DO. UM, TOM BROOK EVER FROM PENNSYLVANIA, UM, WE'RE CURRENTLY USING THE TRAVEL TRAILER JUST FOR WEEKEND USE. UM, WE'RE NOT LIVING IN IT. UM, AS FOR THE SEWAGE AND WATER, WE'RE BRINGING WATER WITH US AND THEN WE'RE TAKING THE SEWAGE WITH US. SO I HAVE A TRA UH, A TRANSPORTATION TANK TO REMOVE SEWAGE OFFSITE. WE'RE DISPOSING THAT AT HOME IN PENNSYLVANIA. UM, I, I INITIALLY PUT THE SPECIAL USE PERMIT IN FOR TEMPORARY. UH, WE DO PLAN TO BUILD AT SOME POINT. UH, WE'RE JUST NOT READY. WE JUST BOUGHT THE PROPERTY LAST YEAR. UM, SO WE'RE JUST KINDA USING THE, TO GO FISHING AND HUNTING. AND THEN AS WHILE I'M HERE, MAINTAINING THE PROPERTY AND CLEARING MORE TREES SO THAT WE CAN HAVE THE OPEN LOT, THERE IS NO SEWER ON SITE. UM, THE PLAN IS JUST A SUGGESTED AREA WHERE IT WOULD BE. UM, SO OUR PLANS ARE TO BUILD SOMETHING EVENTUALLY JUST NOT READY YET. UM, BUT WE STILL HAVE A LOT OF WORK TO DO. AND TR I HAVE A BRUSH PILE ON THE BACK. WE HAVE TO FINISH CUTTING THAT UP, REMOVING THAT OFF THE PROPERTY, AS WELL AS CUTTING MORE TREES DOWN. SO, WHICH I ALREADY HAVE THE PERMITS FOR ALL THOSE AS WELL. OKAY. WHAT'S YOUR THOUGHT PROCESS IN WHEN YOU ANTICIPATE BEING ABLE TO BUILD ONE TO TWO YEARS ROUGHLY? SO, UH, AGAIN, WE DON'T GET DOWN A WHOLE LOT. WE HAVE SEVEN KIDS, SO IT'S , IT'S A LITTLE, WE DON'T, WE GET DOWN MAYBE ONCE A MONTH. SO IT'S, IT'S EITHER GOING DOWN FISHING AND CLEARING THE LOT AND JUST DOING THINGS HERE AND THERE. I, I MADE A LOT OF PROGRESS THIS WINTER. UH, WE CAME DOWN EARLY AND CLEARED A WHOLE BUNCH OF TREES ALL AT ONCE AND GROUND UP ALL THE STUMPS. UM, SO I'M HOPING WE COULD DO ANOTHER COUPLE OF WORK TIMES AND GET IT REALLY CLEARED OUT. WE ALSO HAVE THE LOT AT THE OTHER END OF THE STREET. WE'RE PROBABLY GONNA BE DOING THE SAME THING TOO, WITHOUT THE TRAILER ON IT, BUT CLEARING THE LOT OUT AT SOME POINT. SO IT'S ONE PROPERTY OVER. SO. ALRIGHT. ANY OTHER QUESTIONS? WELL, GENERALLY WE DON'T ISSUE THESE SPECIAL USE PERMITS. UNDERSTOOD. UNLESS THERE'S WATER AND SEWER. YEP. UNDERSTOOD. ON, ON THAT, YOU KNOW, AND, YOU KNOW, FOR CONSTRUCTION MM-HMM . IF THERE'S SOME EFFORT IN THE DIRECTION OF CONSTRUCTION. OKAY. UH, SO THAT'S, THAT'S IT. ANYONE ELSE HAVE ANY QUESTIONS? ALL RIGHT. MOTION. JUST A QUESTION FOR S UH, IF THIS WOULD GET APPROVED, WOULD HE HAVE TO RESUBMIT A DIFFERENT PLOT PLAN? 'CAUSE HE'S SHOWING SEWAGE ON THAT PLOT PLAN? NOT, NOT NECESSARILY. A LOT OF, A LOT OF PLANT PLANS THAT WE GET COULD EITHER SHOW PROPOSED OR SEPTIC THAT'S ALREADY ON THE PROPERTY. I DON'T THINK THAT'S OKAY. THAT'S NOT NECESSARILY SOMETHING THAT, THAT HAS TO BE CHANGED. OKAY. AND THAT WAS A SUGGESTION FROM, UH, WHAT'S THE SEPTIC GUY THAT'S [00:20:01] AROUND HERE? UM, IS BUNICK OR BOSS? YEAH, BUNICK. HE WAS THE ORIGINAL ONE THAT CAME OUT TO THE SITE AND PROPOSED, HE GAVE ME PRICING ON ALL THE SEPTIC AND WELL, AND ALL THAT STUFF ALREADY. MM-HMM . LIKE 42 OR 46,000 I THINK. AND HE SUGGESTED THE SILVER BE IN THE BACK AND THE WELL IN THE FRONT, SO MM-HMM . THAT WAS FROM HIM. IS THERE ANYONE ELSE IN THE AUDIENCE TO SPEAK TO THIS ISSUE? OKAY. THERE WAS SOMEONE SIGNED UP, NO ONE SIGNED UP. OKAY. UM, MR. GALE, DID YOU WANNA, I DON'T KNOW, I'M TRYING TO TAKE, IT'S A TOUGH CALL, RIGHT? YEAH, YEAH. BECAUSE IT'D BE A LOT EASIER IF THERE WAS A GOOD FAITH EFFORT AND, UH, SOME CONSTRUCTION ON THE PROPERTY. UH, WHAT WOULD, WHAT WOULD BE LIKE A FIRST STEP FOR THAT PROCESS? WELL, AND SUBJECT OR FOUNDATION BEING STARTED. MM-HMM . YEAH. MM-HMM . OKAY. UM, I MEAN, I COULD GET STARTED. SEPTIC WOULD PROBABLY BE THE FIRST THING TO DO AFTER I GET THE BRUSH AND EVERYTHING OUT OF THERE. UM, SO I DON'T KNOW IF WE HAVE TO APPLY FOR A PERMIT FOR THAT AS WELL OR HOW DOES THAT WORK? SO FOR THE, FOR THE , FOR THE, FOR THE BRUSH REMOVAL, YOU'D NEED A, A LAND DISTURBANCE PERMIT, UM, WHICH I THINK YOU ALREADY HAVE. YES, I DO. YES. FOR THE TREES AND THE, THE LAND DISTURBANCE PERMIT FOR THE CLEARING OF THE SITES, HE, HE DID THAT, I DON'T KNOW, PROBABLY SIX MONTHS AGO. YEAH, MAYBE. YEP. UM, SO AS FAR AS THE SEPTICS CONCERNED, THAT'S MORE OF A DEPARTMENT OF HEALTH THING. HE WOULD HAVE TO GO THROUGH THAT PROCESS. I MEAN, WE COULD DO, UM, WHAT WE DID FOR MS. HEIN BAUGH, UH, LAST MONTH WHERE WE HAVE HIM COME IN LIKE A YEAR FROM NOW AND GIVE US LIKE AN UPDATE ON PROGRESS. WELL, WHAT WHAT I WOULD SAY IS GIVE IT FOR A YEAR AND, AND A SEPTIC SYSTEM BE, UH, WELL IN SEPTIC BE INSTALLED WITHIN THE YEAR. WITHIN A YEAR OKAY. AND NOT TWO YEARS. OKAY. OKAY. ADD THAT IN, IN, IN THERE. UM, BECAUSE YOU GOTTA UNDERSTAND THIS, THIS KIND OF BLEEDS INTO LIKE, YOU'RE JUST COMING DOWN HERE AND I UNDERSTAND. OKAY. YEAH. YOU KNOW, AND, AND IF YOU'RE GONNA DO THAT, THAT'S WHAT, UH, THE CAMPGROUNDS ARE FOR. EXACTLY. RIGHT. UH, AND GRANTED, THIS IS YOUR PROPERTY. YOU BOUGHT IT, YOU PAID FOR IT, IT'S YOURS AND ALL THAT. BUT IF YOU'RE GONNA BUILD ON IT, THAT'S THE CONTEXT AT THIS BEING, BEING UNDERSTOOD, DECLINED FOR. AND AS FAR AS YOUR HANDLING AND HAULING SEWAGE AROUND, THAT'S NOT GENERALLY ACCEPTABLE. IT'S NOT, YEAH. IT'S NOT FUN EITHER. SO, YEAH. AND I MEAN, WE WE'RE HERE TO MAKE THINGS HAPPEN MM-HMM . AND WORK WITH YOU. UNDERSTOOD. ALL RIGHT. YEP. AND YOU KNOW, IF YOU'RE, I WOULD SAY IF YOU GET WELL IN SEPTIC IN A YEAR, THAT SHOWS A, UH, EFFORT, GOOD FAITH EFFORT TO GET IT DONE. OKAY. YOU KNOW, AND A LOT OF THESE, WE, WE, WE LIKE TO SEE WELL ACCEPTED, PRESENT AND OR A FOUNDATION DONE. OKAY. ALRIGHT. PERFECT. BECAUSE WE, WE'VE HAD THESE THINGS DRAG ON OUT FOR YEARS. I, SO I'VE HEARD ALREADY, BUT NOT MORE THAN YOU TALKING TO MR. MELBOURNE. YEAH. AND HE'S, HE'S TOLD ME A FEW STORIES ABOUT YEAH, YEAH. PREVIOUS CAMPERS, LIKE WE, WE REALIZE, YOU KNOW, YOU'RE TRAVEL AND EVERYTHING AND IF YOU'RE SERIOUS ABOUT IT, YOU KNOW, YOU, YOU'RE GONNA HAVE TO MEET THAT ADDITIONAL CRITERIA. DOES THAT SOUND SOUNDS GREAT. SO I'VE GOT, AS WHAT I'M ASSUMING IS GONNA BE CONDITION NUMBER EIGHT MM-HMM . UM, JUST AS A WORKING, A WORKING CONDITION, UH, WELL IN SEPTIC SHALL BE INSTALLED WITHIN A YEAR OF BZA APPROVAL, WHICH WOULD BE TODAY. UM, A VIOLATION OF THIS CONDITION SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID. MM-HMM . IS THAT SUFFICE? OKAY. SO THAT WOULD CHANGE, UM, THE MOTION FROM SEVEN CONDITIONS TO EIGHT CONDITIONS? YES. MM-HMM . OKAY. AND, AND FROM TWO YEARS TO ONE. OKAY. SO HABITATION FROM TWO YEARS TO ONE. WELL, THAT, THAT'S EASIER. WE CAN KEEP THE SEVEN AND JUST CHANGE IT FROM TWO YEARS TO ONE, AND THEN HE HAS TO, HE HAS TO COME BACK AND, OKAY. WE CAN DO THAT ANOTHER MEETING. YEAH. SO, SO BASICALLY WE CHANGE THAT FROM, SHALL EXPIRE TWO YEARS, ONE YEAR, ONE YEAR. OKAY. MM-HMM . OKAY. I'LL MAKE A NOTE OF THAT. MM-HMM . BECAUSE ONE, ONCE THEY GET GOING WITH THE WELL AND SEPTIC, THEY CAN DO THAT IN TWO DAYS. YEAH. YEAH. OKAY. EXPECTATION WELL WILL BE THERE. [00:25:05] SO WE'LL JUST, WE'LL ADD SOMETHING TO CONDITION FIVE SAYING WITH ONE YEAR FROM DATE OF ISSUANCE WITH THE EXPECTATION THAT WELL AND SEPTIC WILL BE ON THE SITE, JUST SO IT'S CLEAR. OKAY. SO WE'RE BACK TO SEVEN. BACK TO SEVEN. OKAY. OKAY. YOU GOOD? YEP. OKAY. WRITTEN DOWN. I MOVE THAT THE MACK COUNTY BOARD OF ZONING APPEALS APPROVE SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 78 A 11 TO ALLOW FOR A TRAVEL TRAILER ON THE PROPERTY ON TAX PARCELS 94 D SEVEN 16 A AND 94 D SEVEN 17. WITH THE SEVEN CONDITIONS AS REVISED RECOMMENDED BY STAFF, MOTION HAS BEEN MADE. DO I HEAR A SECOND? SECOND. OKAY. MOTION HAS BEEN MADE AND SECONDED. ALL IN FAVOR. A. ALL APPROVED. THANK YOU. THANK YOU. OKAY. OKAY. THAT'S THE END OF THE SECOND ONE. AND, UH, NOW NUMBER THREE. UH, THIS IS, UH, ROBERT BUSCHER. THIS IS, UH, SUSE 0 0 0 0 7 6 20 25. IT'S A SPECIAL USE PERMIT FOR A BUSINESS IN THE AGRICULTURAL, UH, IN AGRICULTURAL ZONING OF THE AGRICULTURAL DISTRICT. UM, ROBERT PUSHER IS THE APPLICANT. UM, THE LOCATION IS, UH, 1 21 DASH A DASH 46 A. UM, IT'S APPROXIMATELY TWO ACRES, UM, ZONED AGRICULTURAL. THE FUTURE LAND USE IS ALSO AGRICULTURAL. UM, AND THE, THE STRUCTURES HAVE BEEN USED FOR, FOR A BUSINESS. THIS IS AN AFTER THE FACT, UM, APPLICATION. SO PICTURE OF THE PROPERTY, THIS IS ON A BRADFORD'S NECK ROAD IN BETWEEN WATCH CREEK AND QUIMBEE. UM, ZONED AG FUTURE LAND USE IS ALSO AG. UM, THIS IS THE RPA. THE PROPERTY IS NOT IN THE RPA. UM, THE PROPERTY WHERE THE, UH, UH, WHERE THE STRUCTURES ARE LOCATED, THEY ARE NOT IN THE FLOODPLAIN. UM, BUT THERE IS POTENTIALLY A SMALL PART HERE WHERE THE PROPERTY IS IN THE FLOOD ZONE, BUT THE STRUCTURES ARE NOT. SO THIS IS A VIEW FROM THEIR ACCESS GOING NORTH ON BRADFORD'S NECK, THIS IS A VIEW, UM, FROM THEIR PROPERTY GOING SOUTH ON BRADFORD'S NECK. UM, THIS IS FROM THE ROAD LOOKING AT THEIR BUSINESS. THE BUSINESS DOES ENCOMPASS BOTH STRUCTURES. UM, THIS IS A PICTURE OF ONE OF THE STRUCTURES. THIS IS A PICTURE OF THE OTHER. UM, AND THIS IS THE SITE PLAN. THIS WAS A SITE PLAN THAT WAS DONE WHEN ONE OF THE BUILDINGS WAS BEING CONSTRUCTED. SO THEY GOT APPROVAL FOR THE STRUCTURE AND THEN, UM, SOME YEARS LATER TURNED IT INTO A BUSINESS. OKAY. SO, CONSIDERATIONS FOR SPECIAL USE PERMITS, UH, NUMBER ONE, WHERE THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD. UM, NO ADVERSE IMPACT IS ANTICIPATED. THE STRUCTURES, UM, ARE EXISTING AND THE USE IS CONSISTENT WITH OTHER NEAR WATER USES. IT'S A, IT'S A MARINE REPAIR AND MOTORCYCLE REPAIR BUSINESS. UM, THE BUSINESS HAS OPERATED FOR MANY YEARS WITH NO COMPLAINTS FROM THE NEIGHBORS. UH, NUMBER TWO, WHETHER THEY PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES, UH, NO ADVERSE IMPACT WILL RESULT OVERHEAD UTILITIES OR ON BRADFORD'S NECK ROAD. THEY'RE FAR AWAY FROM THE OVERHEAD UTILITIES. UM, NUMBER THREE, WHETHER THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARD HARMONIOUS COMMUNITY, UM, NO ADVERSE IMPACT WILL RESULT. UH, NUMBER FOUR, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS, UM, NO ADVERSE IMPACT WILL RESULT THE PARCELS NOT LOCATED NEAR ANY OF THESE AREAS. NUMBER FIVE, WHERE THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS. UM, NO ADVERSE IMPACT IS ANTICIPATED. UM, NUMBER SIX, WHETHER THE PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH SAFETY IN GENERAL WELFARE. UM, NO, UH, THIS USE WILL NEITHER HINDER OR PROMOTE THE PUBLIC HEALTH SAFETY IN GENERAL WELFARE. UM, NUMBER SEVEN, WHETHER THE PROPOSED USE IS IN CONFORMANCE WITH GOOD [00:30:01] ZONING PRACTICES AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS. UH, YES, THIS USE IS SIMILAR TO REAL, UH, RETAIL STORES AND IT WOULD BE ALLOWED BY A SPECIAL USE PERMIT. UM, NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE. THE ANSWER THERE IS NO, THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE. UM, PUBLIC COMMENT NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW. UH, ONE PUBLIC COMMENT WAS RECEIVED ABOUT MONDAY NIGHT, UM, IN FAVOR OF THE BUSINESS, AND I GAVE THOSE TO YOU THIS MORNING. OKAY. UM, STAFF FINDINGS, THERE ARE FOUR. UM, THE APPLICANT IS USING TWO EXISTING STRUCTURES FOR MARINE AND MOTORCYCLE REPAIRS AND SERVICE. UM, THIS IS AN AFTER THE FACT APPLICATION. UH, THE PROPERTY IS ZONED AGRICULTURAL AND A SPECIAL USE PERMIT IS REQUIRED FOR THIS USE. AND NO DETRIMENTAL EFFECTS ARE ANTICIPATED FOR THE SURROUNDING AREA. UM, STAFF RECOMMENDS APPROVAL OF SUSE 0 0 0 0 7 6 20 25, A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6, UH, 53 27. IF THE BOARD OF ZONING APPEALS APPROVES THIS SPECIAL USE PERMIT, WE RECOMMEND THE FOLLOWING FOUR CONDITIONS. UH, NUMBER ONE, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VIRGINIA DEPARTMENT OF HEALTH AND VIRGINIA DEPARTMENT OF TRANSPORTATION REGULATIONS. UH, NUMBER TWO, THE BUILDING APPLICATION FOR THE CHANGE OF USE SHALL BE CONSISTENT WITH THIS APPLICATION. UH, NUMBER THREE, THE PROPERTY SHALL NOT BE ALLOWED TO FALL INTO DISREPAIR. A VIOLATION OF THIS CONDITION, WE'LL RUN WITH THE SPECIAL USE PERMIT IN NULL AND VOID. UM, NUMBER FOUR IS GOING TO CHANGE A LITTLE BIT. UM, SO FOR THIS CONDITION, UM, THE ZONING DEPARTMENT CAN REQUIRE IN ITS DISCRETION, PARKING, LANDSCAPING, LIGHTING, AND SIGN RULES AS SET FORTH IN ARTICLE 17 OF THE ZONING ORDINANCE, WHICH PROVIDES FOR GENERAL BUSINESS DISTRICT ZONING. UM, BASICALLY, BASICALLY THAT CONDITION MEANS, UM, THERE ARE PARKING REQUIREMENTS, THERE ARE LIGHTING REQUIREMENTS, THERE ARE LANDSCAPE REQUIREMENTS THAT BUSINESSES IN THE GENERAL BUSINESS DISTRICT HAVE TO ABIDE BY. AND THIS IS, THIS IS US SAYING THAT IF, IF WE NEED TO, WE CAN GO TO THOSE SECTIONS OF THE ZONING ORDINANCE. OKAY. THAT'S THE, UH, MOTION. AND I CAN ANSWER ANY QUESTIONS. MR. BUSCHER IS ALSO HERE IF YOU HAVE ANY QUESTIONS FOR HIM. UM, WOULD YOU ANTICIPATE NEEDING TO IT GO INTO THE PARKING AND THERE ARE A DA REQUIREMENTS? SO AT THE VERY LEAST THERE IS POSSIBLY THE NEED FOR HANDICAPPED PARKING. MM-HMM . AT THE VERY LEAST, UM, THE, THE CALCULATIONS THAT I DID WHEN I CREATED, WHEN I WAS DOING THE, UM, THE PARKING CALCULATIONS OF WHAT'S REQUIRED, THEY WOULD EITHER NEED FIVE OR SIX SPACES TOTAL, ONE OF WHICH WOULD BE, UM, A DA MM-HMM . BUT THAT'S, THAT WOULD BE A DECISION THAT WE WOULD HAVE TO MAKE AFTER THEY PROBABLY ALREADY HAVE, WELL, THERE, THERE, THERE IS GRAVEL MM-HMM . BUT THERE ISN'T NECESSARILY LIKE A DEDICATED LIKE PARKING SPACE. MM-HMM . THERE AREN'T DEDICATED PARKING SPACES. WELL, LIKE PARKING, PARKING CURBS, THAT SORT OF THING. MM-HMM . AND, UH, THIS PROPERTY IS ZONED AG, CORRECT? IT IS ZONED AG. THAT'S CORRECT. MM-HMM . SO THEN WHAT YOU'RE SAYING IS YOU NEED THE FLEXIBILITY TO BE ABLE TO ADD THOSE THINGS, OR IT'S LIKE A POSSIBLE THING OR YOU'RE YOU'RE DOING IT THE WAY, THE WAY THAT I SEE IT IS THERE ARE, BECAUSE THEY'RE NOT ZONE GENERAL BUSINESS, SOME OF THE, SOME OF THE REGULATIONS IN GENERAL BUSINESS ZONING ARE, LET'S TAKE THE LANDSCAPING. UM, HOW, FOR EXAMPLE, HOW WE HANDLE POULTRY FARMS IS THE COUNTY AT ITS DISCRETION CAN USE EXISTING TREES IN PLACE OF THE VEGETATIVE BUFFER. THAT WOULD BE KIND OF THE SITUATION THAT WE WOULD DEAL WITH HERE. UM, IT WOULD BE AT OUR, IT'D BE BASICALLY AT OUR DISCRETION. SO THEN MR. BUTCHER JUST HAS TO BE PREPARED THAT YOU MAY, WE MAY, WE MAY ASK HIM TO DO CERTAIN THINGS. CORRECT. ANY OTHER QUESTIONS FOR MR. JONES? WOULD, [00:35:01] WOULD THAT POSSIBLY DUE TO THE REMOTE LOCATION AND THE NATURE OF THE BUSINESS, UH, NOT BE NECESSARY? IT, IT'S VERY POSSIBLE. IT MAY NOT BE NECESSARY. MM-HMM . UM, I JUST, IT'S VERY POSSIBLE THAT THE LANDSCAPE MAY NOT BE NECESSARY. MM-HMM . IT JUST DEPENDS ON, JUST DEPENDS ON WHAT'S GOING ON ON THE PROPERTY. MM-HMM . UM, IT'S, BUT IT WOULD BE SOMETHING THAT WE WOULD NEED SOME SORT OF DISCRETION ON. AND THE REASON WE NEED THAT IS BECAUSE IN AG ZONING, THERE ISN'T, THERE ARE NO LANDSCAPING REGULATIONS. MM-HMM. BUT IT'S A BUSINESS. MM-HMM . MM-HMM . I, I JUST KNOW WE, WE'VE DONE SPECIAL USE PERMITS FOR BUSINESSES IN LIKE TOWNS OR, OR, YOU KNOW, ONE IN MALFA YEARS AGO AND LOCATIONS. AND I, WE'VE NEVER THE TO, WE TALKED ABOUT DOING THE PARKING, OUR LANDSCAPING THING. I MEAN, IF, IF, IF I COULD SPEAK TO THAT BRIEFLY BECAUSE I DRAFTED THE LANGUAGE, I JUST MR. JAMES DEFENDED IF HE DIDN'T KNOW THE RE YOU KNOW, MY EXACT REASONING. BUT MY, MY THOUGHT WAS, AND, AND WE DID HAVE THIS COME UP WITH A, A BUSINESS THAT GOT A SPECIAL USE PERMIT. THEY'VE BEEN VERY COOPERATIVE, BUT THEY'RE IN AN AG DISTRICT AND WE FOUND THAT OBVIOUSLY THE RULES IN THE BUSINESS DISTRICT DIDN'T APPLY TO THEM, EVEN THOUGH WE THOUGHT THEY SHOULD. AND THEY'VE BEEN VERY COOPERATIVE AND THEY COMPLIED WITH ALL OF THEM ANYWAY. UM, BUT THE USE OF THE WORD, YOU KNOW, IN OUR DISCRETION IS I DIDN'T WANT TO MAKE THIS WORDED THAT THEY HAD TO DO IT, THAT WE HAD TO APPLY THESE RULES IN SITUATIONS THAT THEY AREN'T WARRANTED. UM, FOR EXAMPLE, IN THIS PARTICULAR SITUATION, THIS IS A SIZABLE LOT WITH A TREE LINE, UM, YOU KNOW, SHIELDING IT FROM THE NEIGHBORS. NONE OF THE NEIGHBORS HAVE COMPLAINED. I, YOU KNOW, OBVIOUSLY WE, I DON'T THINK A VEGETATIVE BUFFER IS, YOU KNOW, NEEDS TO BE PLANTED. THEY ALREADY HAVE A VEGETATIVE BUFFER. MM-HMM . UM, I, I'M NOT EVEN EXACTLY SURE, AND I THINK THEY'RE GONNA SPEAK TO THIS IN A MINUTE, THAT THEY'RE REALLY RETAIL. THEY, I DON'T BELIEVE THEY'RE ACTUALLY, YOU KNOW, SELLING PARTS TO THE PUBLIC. I, MY UNDERSTANDING FROM THEM IS THERE'S, YOU KNOW, THEY'RE USING PARTS TO REPAIR BOATS AND MOTORCYCLES AND SUCH. UM, SO I, I DIDN'T WANT TO MAKE IT, I DIDN'T WANT TO WORD THIS SUCH THAT WE HAD TO REQUIRE IT, BUT ONLY THAT WE COULD REQUIRE IT IF IT WAS NEEDED. UM, SO, UM, THAT'S, UH, WHAT WAS MY THOUGHT IN USING THE, IN USING THESE EXACT WORDS. MM-HMM . UH, MR. BUSCHER, WOULD YOU LIKE TO COME UP AND SPEAK? GOOD MORNING, ROBERT BUSCHER. GOOD. AND DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, SO HELP YOU GOD? I DO. ALRIGHT. , I KNOW WHERE TO START, I GUESS. DO YOU, DO YOU GUYS HAVE ANY QUESTIONS FOR ME AS FAR AS THE, WELL, I GUESS YOU HEARD THE BACK AND FORTH AND, AND EVERYTHING. WHAT'S YOUR THOUGHTS ABOUT THAT? I'M WILLING TO DO WHAT IS REQUIRED. UM, AS FAR AS LIKE RETAIL AND STUFF GOES, IT IS, WE'RE MUCH HAPPIER IF IT'S A, UH, DROP IT OFF BROKE AND PICK IT UP FIXED. AND, AND I, WE DON'T HAVE A, THERE'S NO STOREFRONT. THE PARTS, THE ONLY PARTS BEING SOLD ARE THE ONES TO FIX SOMEBODY'S PARTICULAR UNIT. UHHUH . SO IT, BUT WHAT SAY WE WILL DO WHATEVER WE WOULD NEED TO DO TO KEEP EVERYBODY FOR, FOR PEOPLE COMING AND GOING. DO YOU USUALLY HAVE A LOT OF PEOPLE COMING AT ONE TIME OR IS IT USUALLY LIKE ONE? NO, IT'S, IT'S, IT IS ALMOST APPOINTMENT BASED. LIKE, YOU GET A CALL AHEAD OF TIME, THEY'LL, THEY'LL NOTIFY ME THAT THEY'RE COMING BY TO DROP SOMETHING OFF. YEAH. YEAH. AND SO THEY CAN COME AND GO AND TRY TO KEEP IT QUIET. YEAH. JUST, OKAY. UH, ANY OTHER QUESTIONS? DO YOU HAVE OTHERS HELPING YOU OF EMPLOYEES? NO. EMPLOYEES. IT'S JUST MY, MY DAD HELPS. MY DAD HELPS OUT LIKE HE ALWAYS HAS WITH EVERYTHING. AND MY BROTHER, HE UH, HE DOES THE, UH, HE'S ON THE MARINE SIDE OF IT TOO, SO, SO STRICTLY A FAMILY TYPE BUSINESS? YEAH, SMALL FAMILY. AND WE WORK IN THE, THE SMALL NICHE THAT WHAT WE, WHAT WE WORK ON IS STUFF THAT ANY POWER SPORTS OR MARINE DEALER TYPICALLY WON'T TAKE IN ANYTHING 10 YEARS OLD OR OLDER, WHATEVER. BASICALLY I WORK ON VINTAGE STUFF OR LIKE, I HAVE OFTEN GET FOUR WHEELERS IN THAT ARE 25 YEARS OLD, EASY. AND YOU GO ACROSS THE BAY OR YOU GO TO SALISBURY AND THEY'LL TURN AROUNDS AND BE RIGHT BACK OUT THE DOOR AGAIN. SO, YEAH, JUST TRYING TO MAKE EVERYTHING WORK. [00:40:01] GOOD. GOOD TO KNOW. SO GOOD TO KNOW. ALRIGHT, ANY OTHER QUESTIONS? DID I HEAR A MOTION? I MAKE A MOTION THAT THE ACK COUNTY BOARD OF ZONING APPEALS APPROVE SUSE DASH 0 0 0 0 7 6 DASH 2 0 2 5, THE SPECIAL USE PERMIT PURSUANT TO OMA COUNTY CODE SECTION 1 0 6 DASH 53 27, WHICH ALLOWS FOR USE OF LAND NOT SPECIFICALLY LISTED AS A USE, PERMITTED BY RIGHT OR BY SPECIAL EXCEPTION, SPECIAL USE PERMIT IN THE AGRICULTURE DISTRICT REGULATIONS, WHICH IS CLEARLY SIMILAR AND COMPATIBLE WITH USES LISTED THEREIN FOR TAX MAP NUMBER 1 21 DASH A DASH 46 A WITH FOUR CONDITIONS RECOMMENDED BY STAFF SECOND. OKAY. MOTION HAS BEEN MADE IN SECONDED. ALL IN FAVOR? AYE. SO APPROVED. I THANK THE BOARD. THANK YOU. THANK YOU. THANK YOU. OKAY, LAST ONE. OKAY, THIS IS, UH, MR. KENNEDY. UH, THIS IS, UH, SUSE 0 0 0 1. 0 0 20 25 IS A SPECIAL USE PERMIT FOR, FOR A BUSINESS. THIS IS A, UM, A FARMER'S MARKET IN THE RESIDENTIAL DISTRICT. UM, THE APPLICANT IS JAY KENNEDY. THE PROPERTY OWNER IS, UH, JOYCE HASBROOK. UH, THE LOCATION IS 94 DASH A DASH 1 0 4. UM, THE PROPERTY'S APPROXIMATELY 16 ACRES. UM, ZONE RESIDENTIAL. THE FUTURE LAND USE RECOMMENDATION IS AGRICULTURAL. UM, ADJACENT ZONINGS ARE RESIDENTIAL AND THERE ARE AG AND RESIDENTIAL USES SURROUNDING THEM. UM, SO THIS IS THE, UH, PROPERTY WHERE, SO THERE'S A HOUSE THERE. BASICALLY WE'RE DEALING WITH THIS SECTION HERE. THERE'S A HOUSE ALREADY HERE. UM, AND THEY'RE GONNA PUT A, UH, POLE BUILDING THAT'S GONNA BE USED AS LIKE A FARMER'S MARKET. SO ZONED RESIDENTIAL. UH, FUTURE LAND USE IS AGRICULTURAL, UH, NOT IN THE RPA, NOT IN A FLOOD ZONE. UM, SO THIS IS, UH, THIS IS A PICTURE FROM THE SITE TOWARDS THE ROAD. UM, THIS IS CHURCH ROAD GOING TOWARDS, UH, THE TOWN OF MACK. THIS IS CHURCH ROAD GOING TOWARDS ONLY, AND THIS IS, UH, FROM CHURCH ROAD. FROM CHURCH ROAD, UM, TO THE, TO THE SITE WHERE THE STRUCTURE IS BEING BUILT. UM, I WILL SAY AS BACKGROUND, THEY APPLIED FOR A PERMIT, UM, FOR A STORAGE FOR A, LIKE A STORAGE POLE BUILDING THAT'S BY, RIGHT. UM, AND WHAT THIS IS, IS A CHANGE OF USE TO TURN IT INTO THE MARKET. THIS IS THE SITE PLAN. THE, UH, THE FARMER'S MARKET IS IN THIS LOCATION, UM, 32 FEET FROM THE SIDE AND I BELIEVE ABOUT 160 FEET FROM CHURCH ROAD. UM, THESE ARE PICTURES OF WHAT THEY WOULD LIKE TO DO. UM, UH, THE FARMER'S MARKET WILL BE IN HERE AND THEY ALSO HAVE SOME, UM, ROOMS SUPPORTING THAT USE. AND THEN THERE'S ALSO AN UPSTAIRS. UM, THESE ARE BILL PLANS SHOWING THE, SHOWING THE BUILDING. OKAY. SO 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 PROPOSED STRUCTURE WILL BE CONSISTENT WITH OTHER STRUCTURES IN THE AREA. UH, NUMBER TWO, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES, NO IN NO ADVERSE IMPACT WILL RESULT. UH, NUMBER THREE, WHETHER PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY, UH, NO ADVERSE IMPACT IS ANTICIPATED. NUMBER FOUR, WHETHER PROPOSED USE WILL ADVERSELY IMPACT ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS, UH, NO ADVERSE IMPACT WILL RESULT. 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 PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE. UH, THIS USE WILL NEITHER HINDER [00:45:01] OR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE. UH, NUMBER SEVEN, WHETHER PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICES AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS. UH, YES, RETAIL STORES SUCH AS THIS ARE ALLOWED BY SPECIAL USE PERMIT. UM, NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE. UH, NO. THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE. UM, NOTICES WERE PROVIDED IN THE NEWSPAPER PER STATE LAW. UM, NO PUBLIC COMMENTS WERE RECEIVED. UM, UNLIKE THE OTHER THREE CASES, I DID NOT RECEIVE ANY PHONE CALLS, ANYTHING REQUESTING ANY INFORMATION. UM, STAFF FINDINGS, THERE ARE THREE. UM, THE OWNERS OF THE PROPERTY REQUEST TO BUILD A FARM MARKET ON THEIR PROPERTY. UM, THE PROPERTY IS OWNED RESIDENTIAL AND A SPECIAL USE PERMIT IS REQUIRED. AND NUMBER THREE, NO DETRIMENTAL EFFECTS ARE ANTICIPATED FOR THE SURROUNDING AREA. UM, STAFF RECOMMENDS APPROVAL OF SUSE 0 0 0 1 0 0 20 25, A SPECIAL USE PERMIT PURSUANT TO CODE SECTION 1 0 6 DASH 78 A SEVEN. UM, IF THE BOARD IS ZONING APPEALS APPROVES THIS SPECIAL USE PERMIT, WE RECOMMEND THE FOLLOWING FIVE CONDITIONS. UM, NUMBER ONE, THE APPLICANT SHALL APPLY FOR A BUILDING PERMIT WITH THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT FOR THE CHANGE OF USE. UM, NUMBER TWO, THIS IS THE SAME LANGUAGE AS THE CONDITION THAT, UH, MR. WATSON SAID ON THE LAST, UH, ON THE LAST CASE DEALING WITH, UH, PARKING, LANDSCAPING, UH, LIGHTING REQUIREMENTS. SO, UM, THE ZONING DEPARTMENT CAN REQUIRE IN ITS DISCRETION, PARKING, LANDSCAPING, LIGHTING, AND SIGN RULES AS SET FORTH IN ARTICLE 17 OF THE ZONING ORDINANCE, WHICH PROVIDES FOR GENERAL BUSINESS ZONING. SO, UH, NUMBER THREE, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VIRGINIA DEPARTMENT OF HEALTH AND VIRGINIA DEPARTMENT OF TRANSPORTATION REGULATIONS. UH, NUMBER FOUR, THE BUILDING APPLICATION SHALL BE CONSISTENT WITH THIS APPLICATION. AND NUMBER FIVE, THE PROPERTY SHALL BE PROPERLY MAINTAINED WHILE THE STRUCTURE IS BEING CONSTRUCTED AND SHALL NOT BE ALLOWED TO FALL INTO DISREPAIR AFTER CONSTRUCTION. A VIOLATION OF THE CONDITION WILL RENDER THE SPECIAL USE PERMIT NULL AND VOID. UH, THIS IS THE MOTION. UM, I CAN ANSWER ANY QUESTIONS IF YOU HAVE ANY. UH, MR. KENNEDY IS ALSO HERE IF YOU HAVE ANY QUESTIONS FOR HIM. ANY QUESTIONS? OKAY. THANK YOU MR. JONES. MR. KENNEDY, GOOD MORNING. GOOD MORNING. GOOD MORNING. WILL YOU STATE YOUR NAME? YEP. JAY KENNEDY. AND DO YOU SWEAR TO TELL THE WHOLE TRUTH, SO HELP YOU GOD, ABSOLUTELY HELP YOU. GOD, THANK YOU. UM, THIS JUST A LITTLE MOM AND POP, UH, RETIRE RETIREMENT PLAN FOR THE OWNER, JOYCE. I HAVE A DAUGHTER, VICTORIA WITH ME. JOYCE IS LIVING IN NEW HAMPSHIRE. HER DAUGHTER LIVES IN PARKLEY, SO SHE'S GONNA MIGRATE DOWN FROM NEW HAMPSHIRE AND DO THE, UM, JAMS AND JELLIES. AND SHE'S, UM, IT'S PART OF HER RETIREMENT PLAN. SO SHE DIDN'T REALIZE THAT THERE'D BE THIS MUCH, UH, ZONING BOARD MEETINGS AND EVERYTHING INVOLVED WITH A MOM AND POP FARM STAND. UH, SO IT, I I THINK IT, EVERYTHING LOOKS GOOD. IT'S NOT AN IMPACT. IT'S A SMALL MOM POP PILE BUSINESS. AND IT, ACCORDING TO HER PLANS, EXCUSE ME, IT'D BE A HARDSHIP FOR HER IF IT'S PART OF HER RETIREMENT PLAN, YOU KNOW, AND SHE'S READY TO RETIRE. SO WE, WE, WE WISH THAT SHE COULD CONTINUE ON. SO IS SHE GONNA BE PROVIDING THE PRODUCE AND THE RIGHT, UH, EVERYTHING? YEAH, SHE GOT SIX 16 ACRES THAT'LL BE, UM, GROWN AND COOKED THERE. OKAY. BASICALLY, AND YEAH, I'M OUR DAUGHTER. OKAY. YOUR NAME IS VICTORIA LOVECRAFT. AND YOU SWEAR TO TELL THE WHOLE TRUTH, SO HELP YOU GOD? I DO. UM, SO I HAVE A SMALL FARM OVER IN PARKLEY. UM, I HAVE GREENHOUSES. I SELL THE MAJORITY OF MY STUFF ONLINE. I ALSO GROW A LOT OF VEGETABLES. I HAVE AN ORCHARD. UM, SO HER PLAN IS TO USE A LOT OF THE PRODUCE AND STUFF THAT I PRODUCE, UM, TO MAKE JAMS AND JELLIES AND CHUTNEY AND ALL THAT KIND OF STUFF TO SELL. UM, AND ALSO TO BE ABLE TO SELL SOME OF THE PRODUCTS THAT I GROW IN MY GREENHOUSE LOCALLY RATHER THAN SELLING AND SHIPPING EVERYTHING ONLINE. [00:50:01] UM, 'CAUSE SHE'S RETIRED, SHE'LL BE THERE. SHE CAN MONITOR, UM, THE RETAIL AREA, WHICH I CAN'T DO, AND DO THE FARM AT THE SAME TIME. SO THAT'S, THAT'S THE PLAN FOR THE PRODUCTS AND GROWING STUFF. OKAY. SOUNDS GOOD. WE ALSO PLAN TO GROW STUFF ON HER PROPERTY. YEAH. YEAH. WE'RE WORKING TOWARDS THAT. YEAH. OKAY. THANK YOU FOR YOUR TIME. UH, ANY OTHER QUESTIONS? OKAY. OKAY. DO WE GET MOTION? I MOVE THAT MACK COUNTY BOARD OF ZONING APPEALS APPROVE USE DASH 0 0 0 1 0 0 DASH 2 0 2 5, A SPECIAL USE PERMIT PURSUANT TO MACK COUNTY CODE SECTION 1 0 6 DASH 78 A SEVEN, WHICH ALLOWS FOR A RETAIL STORE IN RESIDENTIAL ZONING FOR TAX MAP NUMBER 94 DASH A DASH 1 0 4 WITH THE FILE, WITH THE FIVE CONDITIONS RECOMMENDED BY STAFF. OKAY. MOTION HAS BEEN MADE. DO I HEAR A SECOND? SECOND. MOTION HAS BEEN MADE IN SECONDED. ALL IN FAVOR? AYE. OKAY. SO APPROVED. THANK YOU. LOT OF LUCK FOR YOU. THANK YOU VERY MUCH. THANK YOU. SO THAT'S, THAT'S THE END OF THE CASES. JUST, UM, AS A REMINDER, WE DO HAVE, UH, POTENTIALLY FIVE SPECIAL USE PERMIT APPLICATIONS FOR SEPTEMBER. UM, TWO, UM, THREE OF THEM ARE FOR RVS, UM, ONE IS FOR SEVERAL OUTBUILDINGS AND ANOTHER ONE ARE IS FOR TWO TOWERS THAT ARE UNDER A HUNDRED FEET TALL. SO FOR, FOR INTERNET OR I NEED NEW INTERNET. , I HAVE NO IDEA. , THEY APPEAR TO BE . OH. OH, WELL . OKAY. UH, ANY OTHER BUSINESS PRESENTATION? OH WOW. , THIS IS A RESOLUTION OF APPRECIATION AND WE DO WANT TO THANK THE STAFF FOR, UH, HELPING US, UH, TO GET THIS TOGETHER. UH, THIS IS, UH, MRS. KERN'S LAST MEETING WITH US AND, UH, I DON'T KNOW ABOUT ANYBODY ELSE, BUT I'M SORRY TO SEE HER GO . UH, AFTER THE RESOLUTION, IF, UH, WE HAVE MEMBERS WHO'VE BEEN HERE A LOT LONGER THAN I, IF YOU HAVE ANYTHING YOU'D LIKE TO SHARE AND PUT ON RECORD, THAT WOULD BE GREAT AS WELL. AND SO, RESOLUTION OF APPRECIATION, WHEREAS ELIZABETH BETTY KERNS WAS APPOINTED TO THE AKIMA COUNTY BOARD OF ZONING APPEALS BY CIRCUIT COURT JUDGE GLENN TYLER IN JULY OF 2001. WHEREAS SHE ATTENDED HER FIRST BOARD OF ZONING APPEALS MEETING IN AUGUST, 2001 AND WAS ELECTED VICE CHAIR IN 2003. AND WHEREAS SHE WAS ELECTED AS CHAIRMAN OF THE AKIMA COUNTY BOARD OF ZONING APPEALS IN APRIL 22 AND SERVED AS CHAIR CONTINUOUSLY UNTIL HER RESIGNATION. AND WHEREAS MRS. KERNS USED THE KNOWLEDGE, SKILLS AND BELIEFS SHE GAINED OVER A LIFETIME TO PROVIDE VALUABLE INSIGHT AND GUIDANCE TO THE BOARD OF ZONING APPEALS. AND WHEREAS IN HER ROLE AS CHAIR, SHE WILL BE REMEMBERED FOR A FAIRNESS AND RESPECT, SHE SHOWED TO ALL IN ATTENDANCE AT THE BOARD OF ZONING APPEALS MEETING. AND WHEREAS AS MRS. KERNS DEMONSTRATED GREAT LEADERSHIP AS A CHAIRMAN OF THE BOARD OF ZONING APPEALS AND PRESIDED OVER MEETINGS WITH DIGNITY AND GRACE, AND WHEREAS SHE VALUED MEETING PROTOCOL AND AS A RESULT OF BOARD OF ZONING APPEALS MEETING WERE ORDERLY AND EFFECTIVE. AND WHEREAS IF MRS. KEARS HAS MADE A LASTING IMPRESSION ON ALL THOSE WHO HAVE KNOWN HER, AND SHE WILL LONG BE REMEMBERED BY BOARD, BY THE MEMBERS OF THE BOARD OF ZONING APPEALS, THE COUNTY STAFF, WHICH SUPPORTS THE BOARD OF ZONING APPEALS. AND WHEREAS THE AIMA COUNTY BOARD OF ZONING APPEALS WISHES TO RECOGNIZE BETTY KERNS FOR HER NUMEROUS CONTRIBUTIONS AND DEDICATED SERVICE. AND NOW, AND THEREFORE BE IT RESOLVED THAT THE AIMA COUNTY BOARD OF ZONING APPEALS DOES HEREBY EXPRESS ITS GENUINE SENSE OF LOSS AT MRS. KERN'S RESIGNATION AND WISHES TO EXPRESS ITS APPRECIATION FOR HER YEARS OF SERVICE ON THE BOARD OF ZONING APPEALS WITH MOST TIME SERVED AS VICE CHAIR, SHE WILL BE SORELY MISSED. SO WE PRESENT THIS WELL THAT'S AN AWFUL LOT. YES, FOR SURE. THANK YOU SO MUCH. IT DOESN'T, I DON'T KNOW WHETHER I DESERVE IT, [00:55:01] BUT I REALLY APPRECIATE IT. YOU DESERVE THAT. AND MOVE. THANK YOU SO MUCH. THANK YOU. THANK YOU. MUCH APPRECIATED. BEEN A LOT OF YEARS FOR SURE. YES. AND, UH, YOU KNOW, JUST ENJOYED MOST OF IT, , SO THANK YOU SO MUCH. I DO APPRECIATE IT. DID ANYBODY WANT TO SHARE ANYTHING BEFORE? HOW, HOW CAN YOU BEAT THAT ? THAT'S TRUE. NOT A JOB. THE STAFF. OH MY GOSH. AND, AND I, I COULDN'T EVEN REMEMBER WHAT, HOW FAR BACK I STARTED. SO THIS IS GOOD. AT LEAST I KNOW . AT LEAST SOMEBODY KNOWS. YEAH. RESEARCH. THANK YOU SO MUCH. WELL, I APPRECIATE IT VERY MUCH SO. AND I KNOW YOU WILL DO A GOOD JOB IN MY STAY . YOU CAN ALWAYS RESEND YOUR LETTER . YEAH. BUT I'D HAVE TO TRAVEL BACK AND FORTH FROM PENNSYLVANIA. . WELL, THANK YOU SO MUCH. YES. MOTION TO ADJOURN. SO MOVED. SECOND. SECOND. WE ARE ADJOURNED. AND THANK YOU AGAIN. I APPRECI THANK. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.