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CHAIR OF, UH,[Board of Zoning Appeals on October 1, 2025.]
THE BOARD OF ZONING AND APPEALS.I'LL BE ACTING AS THE CHAIR, UH, UN UNTIL WE FILL THAT POSITION.
AND SO WE CALL THE ORDER, UH, OUR MEETING FOR OCTOBER.
UH, TODAY WE HAVE, UH, TWO OF THE, OF OUR MEMBERS PRESENT.
I'M GONNA ASK IF THEY, THEY'LL INTRODUCE THEMSELVES.
WE DO ALSO WANT TO THANK, UH, OUR STAFF FOR BEING PRESENT AS WELL.
UH, DO I HAVE A MOTION THAT WE WOULD, UH, ADOPT THE AGENDA AS PRESENTED? SO MOVED.
AND SO THE AGENDA HAS BEEN ADOPTED.
UH, HAS EVERYBODY HAD A CHANCE TO REVIEW, UH, THE MINUTES FROM SEPTEMBER THE THIRD? I DID, YES.
AND I THINK YOU ADDED, AND I MOVED TO APPROVE THE MINUTES.
THIS MIGHT TYPOGRAPHICAL CORRECTIONS.
THE MINUTES HAVE BEEN APPROVED.
UH, GIN WILL BE PRESENTING, UH, OUR DEFERRED CASES FIRST, AND WE, WE DO WANNA REMIND EVERYONE THAT, UH, THE, THE WAY THE PROCESS WORKS, UH, THAT WILL BE A PRESENTATION FROM STAFF.
UH, AND THEN ANY QUESTIONS THAT WE HAVE, WE WILL FEEL FROM THAT.
AND THEN IF SOMEONE WANTS TO SPEAK ON THAT CASE, YOU NEED TO MAKE SURE YOU'VE ALREADY SIGNED UP.
YOU HAVE TO GIVE YOUR NAME AND BE SWORN IN, AND THEN YOU WILL SPEAK AND WE ASK THAT YOU WILL COME TO THE PODIUM.
PLEASE DO NOT SPEAK FROM THE CHAIRS.
WAIT UNTIL, UH, YOU ARE IDENTIFIED TO COME AND SPEAK.
UH, CINDY JONES, UH, CODE ENFORCEMENT OFFICER FOR ZONING.
UM, WE'VE GOT A COUPLE CASES TODAY, AND WE'RE GONNA START WITH, UM, SOME DEFERRED CASES.
UM, THERE ARE TWO CASES THAT HAVE BEEN, UM, REQUESTED TO BE DEFERRED BY THE APPLICANTS.
UM, ONE IS, UH, MICHAEL WHITE.
HE WAS, UM, HE WAS THE SECOND ONE HERE, UM, FOR SUSE 98 20 25.
UM, HE WAS FOR FIVE TRAVEL TRAILERS FOR HABITATION.
UM, THE OTHER ONE IS, UH, FOR MR. CHAPMAN AND HE WAS, UH, SUSE 97 20 25.
UM, THAT WAS FOR HABITATION OF A TRAVEL TRAILER AND FOR, UH, MULTIPLE ACCESSORY STRUCTURES.
THAT WAS AN AFTER THE FACT PERMIT.
BOTH OF THOSE WERE AFTER THE FACT.
UM, MR. CHAPMAN HAD A, UH, MEDICAL APPOINTMENT THAT HE COULD NOT CHANGE, UM, TO BE AT THIS MEETING.
AND, UH, MR. WHITE IS, UM, ASKING TO POSTPONE DUE TO SOME, AGAIN, ENVIRONMENTAL CONSTRAINTS.
UH, MOSTLY RPA CONSTRAINTS THAT COULD CHANGE HIS SITE PLAN SIGNIFICANTLY.
SO WE ARE ASKING FOR THOSE TO BE DEFERRED TO BOTH CASES TO NEXT MONTH? THAT'S, THAT'S CORRECT.
DO WE HAVE A MOTION? I MOVE THAT WE DEFER THE TWO CASES UNTIL THE NOVEMBER, YEP.
NOVEMBER 5TH, NO, NOVEMBER 5TH SECOND.
SO FIRST UP IS, UH, DONALD K. PEARSON.
THIS IS A SPECIAL USE PERMIT FOR HABITATION OF 12 TRAVEL TRAILERS IN THE AGRICULTURAL DISTRICT.
UM, THIS IS A CASE THAT WAS DEFERRED FROM LAST MONTH THAT WE'RE GONNA HEAR.
NOW I'LL GO THROUGH THE STAFF REPORT FOR THE, AS A REFRESHER INTO THE BENEFIT OF MR. GALE THAT WASN'T HERE LAST TIME.
UM, THIS IS SOME BACKWARD IN, UH, BACKGROUND INFORMATION.
UM, DONALD PEARSON, AGAIN WAS THE APPLICANT.
TYLER GEORGE IS THE OWNER OF LOCATION IS A 2 6 2 8 2 SAVANNAH ROAD IN HARWOOD.
UM, THE ACREAGE IS APPROXIMATELY TWO ACRES ZONED AGRICULTURAL, UH, PLANS AND ELEVATIONS.
AGAIN, THIS IS THE, UH, PHOTO OF THE SITE.
UH, THIS IS THE CURRENT MAP, UH, ZONED AGRICULTURAL, UH, FUTURE LAND USE MAP IS ALSO AGRICULTURAL.
UM, IT ISN'T A FLOOD ZONE, IT'S AN EIGHT BFE.
AND THERE ARE, THERE IS A SLIVER OF RPA, BUT THE RPA IS NOT CLOSE TO THE SITE.
UM, AGAIN, THESE ARE SOME PHOTOS TAKEN TO THE SITE SHOWING THE, THE NATURE OF THE PROPERTY.
UM, AGAIN, SOME MORE PHOTOS SHOWING THE NATURE OF THE PROPERTY.
AND THIS IS ACTUALLY AN UPDATED SITE PLAN THAT WE RECEIVED, UM, ABOUT A WEEK PRIOR.
UM, WE, AGAIN, ARE CONTINUING TO
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WORK WITH THE APPLICANT TO TRY AND GET A BETTER SITE PLAN.UM, PREFERABLY ONE THAT SCALES THIS IS, UM, MUCH BETTER THAN WHAT WE'VE RECEIVED IN THE PAST.
UM, AND AGAIN, WE'LL CONTINUE TO WORK WITH THE APPLICANT, UM, TO, UH, CLEAN THIS UP A LITTLE BIT.
SO CONSIDERATIONS FOR SPECIAL USE PERMITS.
UH, SECTION 1 0 6 0.1 OR 1 0 6 DASH ONE GIVES THE DEFINITIONS RELEVANT TO THIS APPLICATION.
UH, TRAVEL TRAILER MEANS A PORTABLE STRUCTURE BUILT ON A CHASSIS, DESIGNED TO BE USED AS A TEMPORARY OCCUPANCY FOR TRAVEL, RECREATION, OR VACATION BEING LESS THAN 36 FEET IN LENGTH.
UH, TRAVEL TRAILER PARK OR TRAVEL TRAILER CAMP MEANS PREMISES WHERE TRAVEL TRAILERS ARE PARKED TEMPORARILY IN CONJUNCTION WITH TRAVEL, RECREATION, OR VACATION.
UH, 1 0 6 DASH 53 2 ALLOWS TRAVEL TRAILER CAMPS BY SPECIAL USE PERMIT IN THE AGRICULTURAL DISTRICT.
UM, AND NOW WE ARE FOR CONSIDERATIONS FOR SPECIAL USE PERMITS.
UH, NUMBER ONE, WHERE THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UM, THE RESPONSE WHILE THE SITE IS REMOTE, THE SITE LOOKS LIKE A MOBILE HOME PARK, WHICH DOES NOT HAVE, WHICH DOES HAVE AN EFFECT ON THE LARGER SURROUNDING AREA.
UH, NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES.
UH, THE SITE IS NOT SERVICED BY PUBLIC WATER AND SEWER.
THE HOME HAS A WELL AND SEPTIC THAT APPLICANTS SHARE.
UH, NUMBER THREE, WHETHER THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, GENERALLY TRAVEL TRAILERS DO NOT CREATE AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
THE SITE HAS 12 TRAVEL TRAILERS, WHICH GREATLY AFFECTS THE AESTHETICS OF THE COMMUNITY.
UH, NUMBER FOUR, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS.
UH, THE PROPOSED USE COULD ADVERSELY IMPACT WATERFRONT AREAS GIVEN ITS PROXIMITY AND THE NUMBER OF TRAVEL TRAILERS ON SUCH A SMALL SITE.
NUMBER FIVE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
UH, 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, UH, THE USE WILL NEITHER HINDER NOR 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.
ANSWER IS NO TRAVEL TRAILERS ARE NOT DESIGNED FOR USE IN ONE LOCATION CONTINUOUSLY.
THE BCA HAS GRANTED SPECIAL USE PERMITS FOR THIS TYPE OF USE AT PREVIOUS MEETINGS.
NO LOCAL LAWS, ORDINANCES, OR REGULATIONS ARE AFFECTED.
NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE, THE ANSWER IS, UH, NO.
THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
UH, THEN WE GET INTO COMPREHENSIVE PLAN CONSIDERATIONS.
UH, THE 2018 COMPREHENSIVE PLAN STATES THE TARGET DENSITY FOR INDIVIDUAL DEVELOPED PROPERTIES IN THIS AREA WOULD BE NO GREATER THAN APPROXIMATELY ONE DWELLING PER FIVE TO 10 ACRES ON AVERAGE, AND A FAR LOWER OVERALL DENSITY.
DENSITY IS CALCULATED BY DEFINING THE NUMBER OF UNITS BY THE SIZE OF THE SITE.
THE SITE IS APPROXIMATELY TWO ACRES, UH, GIVEN THAT CALCULATION.
12 UNITS DIVIDED BY TWO ACRES WOULD BE SIX DWELLING UNITS PER ACRE.
UH, UTILITIES, THE USERS OF THE PROPERTY SHARE A BATHROOM IN THE HOUSE.
THE HOUSE ALSO HAS A WELL THAT THEY USE.
UH, THE PROPERTY IS LOCATED ALONG SAVANNAH ROAD.
UH, SAVANNAH ROAD IS A VDOT MAINTAINED SECONDARY ROAD.
UM, ENVIRONMENTAL CONSIDERATIONS.
THE PARCEL HAS A FLOODPLAIN, UH, THAT'S EIGHT BFE AS WE SAW IN THE PICTURE, UH, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
AGAIN, FOUR LETTERS OF SUPPORT WERE RECEIVED.
UM, STAFF FINDINGS, THERE ARE SEVEN.
UH, THE OWNER OF THE PROPERTY IS REQUESTING A SPECIAL USE PERMIT FOR HABITATION IN 12 TRAVEL TRAILERS.
UM, THIS IS AN AFTER THE FACT APPLICATION.
UH, GENERALLY TRAVEL TRAILERS DO NOT CONTRIBUTE TO A HARMONIOUS COMMUNITY AND ARE NOT DESIGNED TO BE USED AS A PERMANENT RESIDENCE.
UM, THE DEFINITION OF TRAVEL TRAILER AND TRAVEL TRAILER CAMPS SEEMS TO ALSO FIT THE DESCRIPTION OF THIS PROJECT.
HOWEVER, THESE WOULD ALSO REQUIRE A SPECIAL USE PERMIT.
UH, THE 12 TRAVEL TRAILERS ARE LOCATED IN A FLOODPLAIN.
THEY WOULD NEED TO BE MOVED OFFSITE EVERY 180 DAYS TO BE IN COMPLIANCE WITH THE FLOODPLAIN ORDINANCE.
TRAVEL TRAILERS IN A FLOODPLAIN POSES A RISK TO SAFETY SINCE THEY WILL NOT BE ANCHORED LIKE A TYPICAL STRUCTURE WOULD BE.
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COMPREHENSIVE PLAN STATES THAT DENSITY SHOULD BE NO GREATER THAN APPROXIMATELY ONE DWELLING PER FIVE TO 10 ACRES ON AVERAGE, AND A FAR LOWER OVERALL DENSITY.THE PROPOSED DENSITY OF THIS PROJECT WOULD BE SIX DWELLING UNITS PER ACRE, WHICH IS OVER THE PROPOSED DENSITY FOR THE AGRICULTURAL DISTRICT.
ALSO, THERE ARE NINE ACCESSORY STRUCTURES THAT NEED TO BE PERMITTED AND STEPS ARE BEING TAKEN TO BRING THE SITE AND COMPLIANCE.
WE DO HAVE A BUILDING APPLICATION FOR WHAT IS BASICALLY A CARPORT.
UM, THE LINE OF THOUGHT IS WE'RE DOING THIS ONE FIRST.
SO THE APPLICANT HAS AN IDEA OF HOW THE BUILDING PERMIT PROCESS GOES.
AND ONCE WE GET THROUGH THIS ONE, WE'LL GET THE REST OF THE PERMITS FOR THE OTHER ACCESSORY STRUCTURES.
STAFF RECOMMENDS DENIAL OF THE SPECIAL USE PERMIT BASED ON TRAVEL TRAILERS NOT CONTRIBUTING TO AN ATTRACTIVE AND HARMONIOUS COMMUNITY AND TRAVEL TRAILERS NOT BEING DESIGNED TO BE IN ONE LOCATION CONTINUOUSLY.
HOWEVER, SHOULD THE BCA GRANT THE VARIANCE AND, UH, EXCUSE ME, WHETHER THE BCA SHOULD GRANT THE SPECIAL USE PERMIT STAFF SUGGEST THE APPROVAL BE SUBJECT TO THE FOLLOWING 11 CONDITIONS, UH, CONDITIONS ONE THROUGH FIVE.
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 PLOT PLAN AS SUBMITTED.
NUMBER THREE, THE SPECIAL USE PERMIT SHALL BECOME NULL AND VOID SHOULD THE PROPERTY BE SOLD AND TRANSFERRED.
NUMBER FOUR, THE APPROVAL IS FOR 12 UNITS AND IS ONLY FOR THE MEMBER OF THE HUNTING CLUB OR IMMEDIATE FAMILY.
A VIOLATION OF THIS CONDITION SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID.
UH, NUMBER FIVE, THE SPECIAL USE PERMIT SHALL EXPIRE TWO YEARS FROM THE DATE OF ISSUANCE PURSUANT TO SECTION 1 0 6 DASH 2 54, OR EXCUSE ME, 2 52 4 E.
THE APPROVAL DOES NOT INCLUDE SHORT-TERM RENTAL OF SITE.
A VIOLATION OF THIS CONDITION SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID.
UM, NUMBER SEVEN, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE TRAVEL TRAILER IS ON SITE.
NUMBER EIGHT, THE APPLICANT SHALL COMPLY WITH ALL FLOODPLAIN REGULATIONS PER MACK COUNTY CODE SECTION 1 0 6 DASH 360 7 4 B.
UM, THAT CONDITION HAS BEEN ALTERED SLIGHTLY.
UM, 'CAUSE THERE ARE OTHER REQUIREMENTS THAN THE 180 DAY LIMIT THAT WOULD NEED TO BE DEALT WITH IN THE FLOODPLAIN.
SO ALL OF THOSE CONDITIONS FOR, UM, COMPLIANCE WITH THE FLOODPLAIN ORDINANCE ARE, UM, IN THAT SECTION FOR TRAVEL TRAILERS SPECIFICALLY.
UH, NUMBER NINE, THE APPLICANT SHALL CONTINUE THE PROCESS OF BRINGING THE UN PERMITTED STRUCTURES ON, ON THE PROPERTY COMPLIANCE.
LIKE I SAID PREVIOUSLY, UM, STEPS ARE BEING TAKEN TO, UH, SATISFY THIS CONDITION.
UH, NUMBER 10, THE APPLICANT SHALL SUBMIT TO THE ACKMAN COUNTY COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT A SITE PLAN THAT SHOWS THE PROPERTY LINES AND THE EXISTING CONDITION OF THE SITE.
THE SITE PLAN WILL NEED TO BE SCALED AGAIN.
WE ARE WORKING WITH THE APPLICANT, UM, TO SATISFY THAT CONDITION.
UH, AND NUMBER 11, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE INSPECTIONS OF THE SITE AT ANY TIME WHILE THE SPECIAL USE PERMIT IS ACTIVE.
UM, THIS CONDITION IS NEW AND UH, THIS CONDITION IS SO IT'S VERY CLEAR THAT IN ORDER TO MAKE SURE ALL THESE CONDITIONS ARE BEING MET, WE WOULD NEED TO GO TO THE SITE.
SO THAT'S THE, UH, RECOMMENDED MOTION.
I CAN ANSWER ANY QUESTIONS AT THIS TIME.
ALSO, THE APPLICANT IS HERE IF YOU HAVE ANY MORE QUESTIONS FOR HIM.
UM, I ASSUME THAT IN THE PROVISIONS THERE THAT YOU DETAILED, UH, WOULD INCLUDE PROPER SPACING AND LOCATION OF THE TRAILERS.
IS THAT CORRECT? THAT WOULD BE, UM, NO, THAT'S NOT ONE OF THE CONDITIONS.
WHAT WE ARE GETTING APPROVAL FOR IS HOW IT SITS RIGHT NOW.
UH, BECAUSE I NOTICED ONE TRAILER IS RIGHT NEXT TO THE HOUSE.
THERE, THERE ARE SEVERAL TRAILERS IN CLOSE PROXIMITY TO THE HOUSE.
AND, AND, UH, SO WE, WE'VE HAD THESE IN THE PAST WHERE THE FIRE DEPARTMENT HAS WEIGHED IN ON 'EM MM-HMM
ABOUT THE THOSE AND, AND, YOU KNOW, THAT'S, THAT'S NOT ALLOWED.
WELL, IN THAT CASE, WE WOULD HAVE TO ADJUST, UM MM-HMM
WE WOULD JUST ADD THAT TO THE CONDITION ABOUT THE SITE PLAN.
AND I IMAGINE THE TRAVEL TRAILER IS THERE PROBABLY CLOSE TO THAT FOR EITHER WATER OR SEWER ACCESS.
SO, BUT REGARDLESS, I CAN TELL YOU IF THE, IF THE BLOCKS AND FIRE DEPARTMENT WAS HERE AND RENDERED THEIR OPINION, IT WOULD NOT BE IN FAVOR OF THAT.
WE CAN MORE THAN LIKELY ADJUST CONDITION 10 TO INCLUDE THAT MM-HMM
OR WE CAN MAKE IT ITS OWN CONDITION.
UH, YOU KNOW, I'M JUST POINTING
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OUT HOW WE, WE'VE HAD THESE IN THE PAST AND, AND ALTHOUGH NOT IN THE FLOOD PLAIN, JUST GIMME A SECOND.YOU KNOW, AS FAR AS THE SPACING, LET'S SEE.
OF COURSE THIS IS, THIS IS ALL PART OF THE PROVISIONS.
YOU KNOW, WHEN, WHEN SOMEBODY HAS A TRAILER PART, YOU KNOW, THE GUIDELINES ON THAT ARE FOR PROPER SPACING.
WE COULD ALSO ADD IT TO CON, I GUESS IT MAKES MORE SENSE TO ADD IT TO CONDITION ONE.
ALL REQUIRE PERMITS FROM THE COUNTY COMMUNITY ECONOMIC DEVELOPMENT DEPARTMENT AND ALSO COMPLY WITH FIRE CODE.
AND YOU GOTTA FIGURE IF YOU HAVE ONE TRAILER CATCH ON FIRE AND NEXT THING YOU KNOW, YOU GOT A DOZEN, YOU KNOW, UH, THE SITUATION.
UM, SO I GUESS JUST TO MAKE IT SIMPLE, WE WOULD JUST HAVE, WE MIGHT AS WELL JUST ADD CONDITION 12, CONDITION 12 WHEN READ THE SITE NEEDS TO COMPLY WITH RELEVANT FIRE CODE.
SO INSTEAD OF WHEN YOU MAKE YOUR, WHEN YOU MAKE YOUR, UM, UH, MOTION, IT WOULD BE 12 CONDITIONS INSTEAD OF 11.
AND OTHER THAN THE UPDATED, UH, PLAN, THERE'S NOTHING CHANGED SINCE LAST MONTH, RIGHT? NO, NOTHING'S CHANGED SINCE LAST MONTH.
WE JUST HAD A COUPLE MINOR ADJUSTMENTS TO THE CONDITIONS.
ANY OTHER QUESTIONS FOR SENATOR? UH, I SAID WE HAVE TWO PEOPLE SIGNED UP TO SPEAK.
UH, SOMEONE WOULD LIKE TO SPEAK YEAH.
I'M, UH, CO THE CO-APPLICANT WITH, UH, DONALD PEARSON.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH CONCERNING MATTERS THAT ARE BEFORE US? I DO.
UH, JUST A FEW ADDED, UH, THINGS AND MORE FOR JUST YOUR BENEFIT WEREN'T HERE LAST TIME.
UH, WE, UH, WE, WE HAVE A, UH, SURVEYOR THAT IS, UH, ON, WE HAVE AN INVOICE FROM HIM AND READY TO PULL THE TRIGGER, UH, PROVIDING WE GET, WE, WE DO MOVE FORWARD HERE TO CONTINUE ON WITH GETTING THE, UH, ELEVATION CERTIFICATES THAT WE NEED FOR THE PRIOR, UH, THE OTHER BUILDING PERMITS THAT WE WANT TO DO.
SO WE, LIKE I SAID, WE ARE, WE PURCHASED THE, UH, UH, FLOOD VENTS FOR THE BUILDINGS THAT REQUIRE THEM TO BE INSTALLED.
AND SO WE'RE, WE'RE, WE'RE MOVING DOWN THE, THE ROAD TO, TO MEET ALL THE REQUIREMENTS THAT WE WERE LACKING ON.
UH, AND, UH, WE'RE ALSO PREPARED AND WANTED TO PRESENT THAT.
UH, WE UNDERSTAND THAT THERE, YOU KNOW, THERE'S, YOU KNOW, THAT HAS A VIEW OF A TRAIL AS A TRAILER PARK, AND THAT'S, THAT'S NOT THE IDEAL WHAT YOU GUYS ARE LOOKING FOR, BUT WE'D LIKE TO DO AS A LONG SAVANNAH ROAD, AS OFFER UP THE ABILITY TO DO SOMETHING IN WITH A, UH, SOME KIND OF SHRUBBERY OR BUSHES OR SOMETHING TO, UH, SIMILAR WHAT THEY DO AT THE, ALL THESE, UH, SOLAR FIELDS THAT THEY HAVE AROUND HERE.
THERE'S ALWAYS A REQUIREMENT OF PUTTING THE TREES UP SO YOU, YOU DON'T HAVE TO LOOK AT THAT.
UM, AND WE, WE'D BE MORE, UH, PREPARED TO, TO DO THAT.
WE CAN PUT IT AS A CONDITION IF THAT MAKES, IT, MAKES IT, UH, MORE ACCEPTABLE.
WE, WE WOULD DO THAT TO, TO MAKE IT LOOK BETTER FOR IF ANYBODY DRIVING BY THAT VERY REMOTE AREA.
UH, BUT WE ARE, WE ARE WORK WORKING WITH THAT.
UM, AND, UH, WHAT I'LL DO TODAY, MATTER OF FACT, WE'RE, WE'RE FAIRLY CLOSE BY, JUST DRIVE UP THERE, UH, I WILL GO STOP AT THE BL AND FIRE DEPARTMENT.
I'D LIKE TO BE MORE PROACTIVE THAN REACTIVE.
SO I'LL CALL, I'LL TALK TO THE BL AND FIRE DEPARTMENT, SEE IF WE CAN GET A DROP BY AND HAVE THEM LOOK AT IT.
AND, UH, YOU KNOW, THEY'RE, ALL TRAILERS ARE MOVABLE, SO IF SOMETHING HAS TO MOVE WE'LL, WE'LL MOVE IT AND GET IT WHERE IT NEEDS TO BE AND, AND, AND DO IT RIGHT.
WE, YOU KNOW, SORRY, WE DIDN'T DO IT RIGHT, RIGHT OFF THE BAT.
SO THAT THAT'S WHERE WE'RE AT.
SO THANK YOU FOR THE CONSIDERATION.
ANY QUESTIONS? ANOTHER GUY, WOULD YOU STATE YOUR NAME FOR US? DONALD K. PEARSON.
AND DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH ON ALL MATTERS THAT WILL BEFORE US.
UM, I, I TOLD YOU ONCE BEFORE, WE'RE A HUNT CLUB.
WE'RE MADE UP OF, UH, MAINLY VETERANS.
AND WE COME UP UP, WE COME UP TO AKIMA COUNTY TO RELAX AND GET AWAY.
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IS NEVER, I'VE BEEN A MEMBER OF THIS CLUB 15 YEARS, AND I KNOW YOU'RE WORRIED ABOUT THE OCCUPANCY RATE.THOSE CAMPERS HAVE NEVER ALL BEEN OCCUPIED AT THE SAME TIME.
IN MY 15 YEARS OF BEING WITH THIS CLUB, WE HAVE SOME GUYS, WE'RE GETTING OLDER, WE'RE RETIRING NOW.
SOME GUYS HUNT DURING THE WEEK.
THERE ARE TWO, THREE GUYS UP THERE ON THE WEEK.
EVERYBODY, THE REST OF US COME UP ON THE WEEKEND, HAVE THREE OR FOUR GUYS UP THERE ON THE WEEKEND.
THERE IS NEVER, AND LIKE I SAY IN MY EX, I'VE BEEN A MEMBER OF THIS CLUB FOR 15 YEARS.
WE'VE NEVER HAD EVERYBODY THERE, NEVER HAD EVER EVERY TRAILER OCCUPIED.
AND I KNOW WE'RE WORRIED ABOUT THE FLOODPLAIN AND THE TRAILERS FLOATING AWAY.
WE'LL COMPLY WITH EVERYTHING THAT THE COUNTY SAYS.
AND JUST TO POINT OUT, WE ARE SURROUNDED BY TREES ON THREE SIDES.
SO IT WOULD HAVE TO BE SOMETHING PRETTY TERRIBLE.
AND I KNOW WE HAVE TO PREPARE FOR THE WORST OF GOING TO TAKE CARE OF THE COUNTY, BUT IT WOULD TAKE SOMETHING PRETTY TERRIBLE TO MAKE OUR CAMPERS FLOAT AWAY.
AND LIKE I SAID, WE WILL COMPLY WITH THE MOVING EVERY 180 DAYS, HAVING EVERYBODY LICENSED AND, UH, AGAIN, WITH THE OCCUPANCY.
AND YOU ARE WORRIED ABOUT HOW MANY PEOPLE ARE ON THERE.
IT'S REALLY NO DIFFERENT THAN IF YOU HAVE A SMALL HOME AND YOU HAVE A PARTY AT YOUR HOUSE ON THE WEEKEND.
YOU'VE GOT A LOT OF PEOPLE THERE FOR A SHORT PERIOD OF TIME.
AND WE DON'T HAVE A LOT, BUT WE HAVE MORE THAN WHAT THE COUNTY SUGGESTS.
IT'S A COUPLE MONTHS OUT OF THE YEAR, AND IT'S A FEW DAYS A WEEK.
AND WE'D REALLY LIKE TO STAY HERE IN AKIMA COUNTY.
OUR MAIN FARMER, UH, MR. NATHAN ULO GOT A GREAT RELATIONSHIP WITH HIM AND ALL OF OUR LANDOWNERS.
AND WE TRY TO HELP OUT AND WE IMPROVE THE PROPERTIES WHERE WE HUNT.
WE JUST WORKED WITH MR. ULO, UH, ON SOME ROAD ISSUES GOING INTO ONE OF THE PROPERTIES HE FARMS. AND WE'LL CONTINUE TO DO THAT AND CONTINUE TO TRY TO BE PRODUCTIVE VISITORS TO MACK COUNTY FOR WHILE WE'RE HERE.
AND I JUST THANK YOU FOR YOUR CONSIDERATION.
DO WE HAVE ANY QUESTIONS AT ALL? THANK YOU.
DO WE HAVE ANY OTHER THING FROM STAFF? YES.
LEE PAM, THE DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT.
UM, I'M GONNA ASK THE BZA TO SERIOUSLY CONSIDER THE DOWNSTREAM EFFECTS OF AN, OF AN APPROVAL HERE.
THIS IS NOT LIKE ANY APPLICATION, APPLICATION THAT WE'VE SEEN, AT LEAST IN THE PAST TWO AND A HALF YEARS THAT I'VE BEEN HERE.
AND, UH, YOU KNOW, YOU ALL, AND, AND CERTAINLY, UH, MS. MILLBURN, YOU, UH, YOU, YOU'RE ALSO FAMILIAR WITH THE B Z'S, UH, WORKLOAD AND CASELOAD.
THIS IS NOT LIKE ANYTHING THAT YOU'VE SEEN BEFORE.
AND I WOULD CERTAINLY JUST ADVISE CAUTION ON APPROVING THIS BECAUSE IT'S MY UNDERSTANDING THAT WE ALREADY HAVE OTHER APPLICATIONS FOR, UH, FOR SIMILAR TYPE USES.
AND WHAT I MEAN BY THAT IS MULTIPLE RVS OR TRAILERS ON A SINGLE PIECE OF PROPERTY.
I KNOW THAT THERE WAS ALSO ANOTHER CASE FOR FIVE THAT WAS ALSO DEFERRED FROM LAST MONTH.
SO YOU'RE STARTING TO SEE THE EFFECT OF, UH, OF ALLOWING RVS.
SOME FOLKS WILL COME IN, OR OUR CODE ENFORCEMENT, UH, OUR CODE ENFORCEMENT OFFICERS WILL, WILL DISCOVER THEM AND THEN, AND THEN THEY'LL BE, UH, YOU KNOW, THEY'LL BE CITED AND THEN BROUGHT BEFORE THE STAFF TO BASICALLY, YOU KNOW, DETERMINE WHAT OPTIONS THERE ARE.
BUT IT'S, IT'S BECOMING INCREASINGLY UNTENABLE TO ALLOW RVS ON, YOU KNOW, ON ON THE BASIS OF, WELL, WE'VE DONE THIS BEFORE.
YOU KNOW, STAFF HAS MADE, HAS MADE THE COMMENT.
YOU KNOW, AND, AND I REALIZE THAT, UH, THAT THERE IS A, THAT THERE IS THIS NOTION OF PRECEDENT WHERE, WELL, WE'VE DONE IT BEFORE SO WE COULD CONTINUE TO DO IT, BUT WE'RE REALLY STARTING TO SEE A NEGATIVE EFFECT OF HAVING A PROLIFERATION OF RVS BOTH PERMITTED AND UNPERMITTED IN THE COUNTY.
OUR BIG PROBLEM ARE IS THE, ARE THE UNPERMITTED RVS OR THE UNPERMITTED TRAVEL TRAILERS.
AND THAT'S SOMETHING THAT, UH, YOU KNOW, THAT WILL BE ADDRESSING WITH A VARIETY OF STAKEHOLDERS LIKE, UH, REAL ESTATE AGENTS.
UH, YOU KNOW, WE CERTAINLY INTEND TO HAVE, UM, UH, PUBLIC INFORMATION SESSIONS ON JUST A VARIETY OF TOPICS.
BUT THIS IS ONE THAT'S CERTAINLY BECOMING MORE, UH, PRESCIENT IN THE, UM, IN THE, IN, IN THE CONSCIENCE OF THE STAFF AS
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WELL AS SOME, UH, AS WELL AS SOME OTHERS THAT I'VE SPOKEN WITH.YOU KNOW, MEMBERS OF THE BOARD OF SUPERVISORS ARE STARTING TO NOTICE THIS.
BUT, UM, AGAIN, JUST, YOU KNOW, I'M, I'M JUST ADVISING THAT YOU, UH, THAT YOU, THAT YOU CONSIDER THE DOWNSTREAM EFFECTS OF AN APPROVAL OF THIS NATURE.
AND I CAN FIELD ANY QUESTIONS AT THIS TIME.
YEAH, I'LL MAKE A COMMENT HERE.
UH, FOR THE BENEFIT OF EVERYBODY, SEVERAL YEARS AGO, WE NOTICED THAT, UH, WE WERE HAVING TROUBLE KEEPING UP WITH THESE ITEMS. SO WE REQUESTED AND WERE GRANTED A POSITION TO ENFORCE THIS.
SO THIS IS WHAT WE AS A BOARD ASKED FOR, TO HAVE AN ENFORCEMENT IN, OR A, A INVESTIGATIVE INDIVIDUAL POSITION.
SO WE AS A BOARD ASKED FOR THAT.
AND THE BOARD OF SUPERVISORS HEARD US AND GRANTED THAT TO, TO GO AROUND AND MAKE THESE DISCOVERIES.
AND THAT'S WHY WE'RE HAVING A PROLIFERATION OF IT.
IT'S NOT THAT THEY'RE NEW, THEY JUST DEVELOPED, THEY'VE ALWAYS BEEN THERE FOR DECADES.
I'VE RIDDEN ALL AROUND THE COUNTY AND SEEN THESE HUNTING CAMPS, UH, ALL OF 'EM OF VARIOUS STAGES OF OPERATION.
AND, UH, SOME OF 'EM IN, IN SIGNIFICANT STAGES OF DECK, YOU KNOW, YOU KNOW, SOME ARE JUST PITIFUL.
UH, THE, THE TRAILERS ARE IN VERY, VERY POOR SHAPE AND OBVIOUSLY SIT THERE YEAR ROUND AND ARE USED JUST A FEW WEEKS.
UM, I'M SURE THAT SOME OF THESE, UH, TRAILERS THAT IF YOU WERE TO, UH, DISCUSS IT WITH THE MANUFACTURER, THEY WOULD TAKE EXCEPTION TO THE FACT THAT THEY'RE ONLY GOOD FOR TEMPORARY HABITATION.
BECAUSE THERE ARE PEOPLE, UH, CONTRACTORS THAT TRAVEL ALL AROUND AND LIVE IN THESE THINGS TO WORK, BUT THEY'RE IN TRAILER PARKS.
THAT, AND THERE'S A, A, A, A SITUATION THERE THAT'S MORE CONTROLLED AND A SAFE ENVIRONMENT, AS I POINTED OUT, PER THIS ONE.
I'M SURE THAT THE FIRE DEPARTMENT WOULD BE MORE THAN WILLING TO COME OUT THERE AND RENDER THEIR OPINION ON IT.
WE WANT PEOPLE TO COME TO AKIMA COUNTY AND ENJOY LIFE AND RECREATION HERE.
AND, UH, AS WE'VE SEEN THAT'S BEEN POINTED OUT HERE, IS THAT THERE ARE MULTIPLE ISSUES WITH THIS.
THAT THE, THE RULES AND REGS ARE THERE FOR A REASON.
AND, UH, AND WE NEED TO DEAL WITH THIS.
AND IT'S GONNA TAKE TIME TO GET IT, TO GET IT REIGNED IN.
UH, AND I UNDERSTAND, UH, MR. PAM'S POINT, AND I AGREE WITH IT.
UH, AND YET I KNOW THAT, THAT, THAT THERE ARE PEOPLE HERE THAT ARE PASSIONATE ABOUT COMING HERE, AND IT'S TEMPORARY, AND I WANT THEM TO BE ABLE TO DO THIS AND TO CONTINUE.
UH, THERE'S 12 POINTS HERE THAT WE'VE COME UP WITH THAT, YOU KNOW, SOMEBODY'S GOTTA WATCH OVER THAT.
SO THAT'S ANOTHER LAYER OF SUPERVISION THAT CAN BE OPPOSED UPON THE COUNTY.
AND, AND YOU KNOW, A LOT OF THAT, I MEAN, AS MR. PAM HAD POINTED OUT, THIS IS UNLIKE ANY OTHER CASE WE'VE EVER HAD, AND I AGREE WITH THAT.
AND, AND DO WE WANT TO IMPOSE THAT ON THE STAFF YET? I DON'T WANT TO TAKE AWAY YOUR ABILITY TO COME HERE AND GO HUNTING, YOU KNOW? UH, I ENJOY HUNTING AND, AND, AND DOING THIS, AND I KNOW I SEE THE PEOPLE COME UP HERE.
YOU KNOW, YOU GO TO THE, ANY STREET CORNER IN THE MORNING AND, UH, YOU SEE ALL THE PEOPLE IN CAMO RUNNING AROUND.
SO IT'S A SIGNIFICANT PART OF OUR, OUR COUNTY.
UH, SOMETHING NEEDS TO BE DONE TO REIGN ALL THIS IN AND, AND GET IT STRAIGHT AS, AS, UH, MR. JONES POINTED OUT, YOU KNOW, THE DENSITY PER ACRE HERE IS LIKE WAY OFF THE CHARTS.
AND, UH, I DON'T KNOW, UH, IT, YOU KNOW, THE, THE, THE SOLUTION WOULD BE IF IT WERE TO BE, UH, SET UP AS A CAMPGROUND.
[00:30:01]
WITH A WHOLE BUNDLE OF OTHER STUFF.LIKE, UH, THE ROAD WOULD HAVE TO COMPLY WITH, UH, VDOT OR SOMETHING.
AND YET YOU GUYS HAVEN'T, YOU, YOU KNOW, YOU GUYS JUST WANT TO COME OVER HERE AND HAVE A GOOD TIME.
AND, UH, UH, AND I DON'T WANT TO PULL THE RUG OUT FROM UNDER THAT.
UH, WE'RE TALKING ABOUT TWO YEARS HERE, AND WE'RE KEENLY AWARE OF THIS AND, AND, AND WE'RE PASSIONATE ABOUT REIGNING IT IN AND DOING SOMETHING.
I WOULD SAY THAT IT, POSSIBLY, THE SOLUTION FOR THIS WOULD BE, UH, STAGING THE TRAILERS AT ANOTHER LOCATION, BECAUSE, YOU KNOW, OBVIOUSLY THE, THE FLOOD ZONE THING IS REAL.
YOU KNOW, I KNOW WHAT'S GOING ON WITH THAT.
THERE ARE ALL KINDS OF OBSERVATIONS ON THERE THAT I'VE MADE THAT I'VE SEEN.
YOU KNOW, I GO OUT IN C**K CREEK AND I SEE THE GHOST FOREST AND WHAT'S GOING ON OUT THERE.
SO, UH, THERE ARE OTHER THINGS THAT WE CAN DO WITH THIS.
HUNTING SEASON STARTS SATURDAY.
LAST WEEKEND WE HAD THE YOUTH HUNTING.
UH, SO, UH, I RESPECT MR. PAM BID'S OPINION, AND, AND, UH, YOU KNOW, HE'S, HE'S VERY GOOD WITH THIS, BUT I'M INCLINED TO SAY, OKAY, TWO YEARS.
LET'S GET THIS DIALED IN AND MAYBE YOU GUYS CAN COME UP WITH SOMETHING ELSE.
UM, UH, OBVIOUSLY THAT LOCATION AND HOW IT'S SET UP IS, IS, IS, UH, YOU KNOW, KIND OF TESTY.
YOU'RE GONNA HAVE TO MAKE ADJUSTMENTS TO COMPLY WITH THE 12 POINTS.
IT AIN'T GONNA HAPPEN OVERNIGHT, AND IT'S GONNA TAKE MONEY AND TIME TO DO THAT.
OUR JOB IS TO MAKE THIS STUFF WORK.
OKAY? AND, UH, AND, AND FOR THE BEST OF THE COUNTY AND FOR THE BEST OF YOU.
AND THIS APPLIES TO EVERYTHING ELSE THAT WE GOTTA DEAL WITH TODAY.
SO, UH, I'LL END MY DISCUSSION AT THIS TIME AND, UH, LEAVE IT AT THAT, IF I MAY.
UM, THE NAME OF THE DEPARTMENT IS COMMUNITY AND ECONOMIC DEVELOPMENT.
AND AS SUCH, I'M KIND OF CAUGHT IN, UH, CAUGHT IN BETWEEN A ROCK AND A HARD PLACE WHERE PART OF THE DEPARTMENT HAS A, HAS A VERY, WELL, IT'S, IT'S JUST A MANDATED REGULATORY FUNCTION.
WE, WE ADMINISTER THE ZONING ORDINANCE, ENVIRONMENTAL REGULATIONS, AND WE ALSO ADMINISTER SUBDIVISION ORDINANCE.
YOU ALL ARE FAMILIAR WITH THAT.
THE OTHER HALF OF THE NAME IS ECONOMIC DEVELOPMENT.
AND WHAT YOU'RE TALKING ABOUT, UH, MR. GALE IS TOURISM.
UH, WE CERTAINLY RECOGNIZE THAT MIMA COUNTY IS A SPORTSMAN'S PARADISE IN THAT REGARD.
HUNTING, FISHING, UH, FOLKS EVEN COME HERE TO WATCH ROCKETS.
WHAT I WOULD SAY THOUGH IS THAT PER STATE CODE, AND PER THE AKIMA COUNTY ZONING ORDINANCE, THERE ARE SPECIFIC PROVISIONS BY WHICH THE, THE, UH, BOARD OF ZONING APPEALS HAS TO SEE THESE CASES THROUGH THE LENS OF THE ZONING ORDINANCE.
AND THOSE, UH, AND THOSE, UH, VARIOUS POINTS THAT, UH, THAT MR. JONES WAS READING OFF IN TERMS OF THE REVIEW OF A SPECIAL USE PERMIT.
UM, THE, THE TOURISM ASPECT OF IT ISN'T PART OF THAT, BUT, YOU KNOW, YOU CAN CERTAINLY TAKE THOSE OTHER POINTS AND, AND, AND TRY TO FIT THAT WITHIN YOUR DECISION MAKING PROCESS.
BUT AGAIN, UH, YOU KNOW, CONSIDER THE DOWNSTREAM EFFECTS.
UH, THANK YOU FOR WHAT YOU SAID,
I WENT UP TO CUT THE GRASS IN AUGUST, AND THE COUNTY CAR WAS AT THE, THE NEIGHBOR'S DRIVEWAY.
AND HE CAME OVER AND TALKED TO ME AND SAID, DO YOU HAVE A SPECIAL USE PERMIT? AND I SAID, NO, WHAT'S THAT? AND, UH, WITHIN A WEEK WE APPLIED FOR IT.
UM, AND I A HUNDRED PERCENT AGREED THAT THERE ARE RULES THAT NEED TO BE APPLIED, UH, ADDRESSED, AND WE DID NOT, BUT WE ABSOLUTELY PLAN ON IT AND MAKING CHANGES, UH, TO WHATEVER
[00:35:01]
WE NEED TO DO TO MAKE THIS WORK.IF IT MEANS, LIKE, AGAIN, FOUND OUT THIS IN AUGUST, UH, IF IT MEANS, UH, AND OVER THE TWO YEARS OF THIS, SAY TRIAL, UH, THE FIRST PERMIT, UH, REDUCING THE NUMBER OF TRAILERS, UH, SPACING THEM OUT DIFFERENTLY, GETTING ALL OUR STRUCTURES PERMITTED, UH, WE ABSOLUTELY HAVE THAT IN INTENT OR OFF SEASONS, STAGING A FEW TRAILERS, UH, IN A, IN A DIFFERENT LOCATION.
UH, THAT'S, WE, WELL, WITHIN OUR CAPABILITY OF DOING IT, WE GOT A LOT OF MOTIVATED GUYS AND WANT TO, WANT TO DO, RIGHT.
NOT TRYING TO DO ANYTHING, ANYTHING WRONG.
WE JUST, WE'RE JUST GOING AS FAST AS WE POSSIBLY CAN IN THE LIMITED AMOUNT OF TIME THAT WE'VE HAD SO FAR.
BUT WE WILL, AND LIKE YOU STATED EARLIER, WE JUST WANTED TO GET THROUGH THE WORK, THE PROCESS OF DOING THE BUILDING PERMIT TO SEE WHAT WE NEED TO BE DONE.
WE NEVER, NEVER REALIZED THE SITE PLAN WAS GONNA BE AS HARD AS IT WAS.
I'VE SUBMITTED THREE OF THEM, AND RELUCTANTLY WE'RE, WE'RE CLOSE, BUT WE'RE NOT QUITE THERE.
HE'S WILLING TO COME UP AND THEN, UH, USE HIS WHEEL WITH US AND HELP US GET SOME MEASUREMENTS STRAIGHT.
UM, WE'LL GET THAT, WE'LL GET THAT DONE.
UH, SO, UH, AGAIN, APPRECIATE THE, THE CONSIDERATION AND HOPEFULLY GIVE US A CHANCE.
I'LL JUST SAY, YOU KNOW, I, I'M NOT SURE WHAT IT'S GOING TO TAKE, TORE THIS IN, YOU KNOW, WE, YOU KNOW, THE, YOU GOTTA LOOK AT IT FROM THE OTHER PERSPECTIVE IS THAT YOU GUYS MOVE IN THERE THIS WEEKEND AND THAT TRAILER CATCHES ON FIRE AND THE HOUSE BURNS DOWN AND PEOPLE GET YOU, YOU KNOW, THE FIREMEN ARE RISKING THEIR LIVES AND SOMEBODY GETS HURT.
YOU KNOW, THIS IS WHAT WE'RE DEALING WITH.
AND HA, THERE THERE'S GOTTA BE SOMETHING.
I DON'T KNOW HOW MUCH LAND IS THERE OR WHATEVER.
SO, SO, UH, I, I'M WILLING TO, YOU KNOW, SAY, OKAY, NOW YOU'RE AWARE, YOU KNOW, IGNORANCE OF THE LAW IS NEVER AN EXCUSE.
BELIEVE ME, I'VE TRIED IT AND IT DOESN'T WORK.
YOU KNOW, WE WANT YOU GUYS TO COME HERE.
WE WANT YOU TO ENJOY IT, YOU KNOW, AND, AND, AND, YOU KNOW, I, THE, THE EASTERN SHORE IS THE LAST FRONTIER OF THE EASTERN SEABOARD.
AND, AND THIS IS WHAT WE WANT, YOU KNOW, I'M A FARMER AND BELIEVE ME, I DON'T WANT HOUSES UP EVERYWHERE, ALL OVER THE PLACE.
UH, BUT, UH, ALL I CAN SAY IS THAT, YOU KNOW, I'M, I'M WILLING TO GIVE YOU A, A, A PASS FOR TWO YEARS AND, AND, YOU KNOW, 12 TRAILER TRAILERS PACKED IN THERE LIKE THAT, LIKE IT IS NOW, IS NOT, IS NOT ON, ON THE, ON THE DOCKET.
OKAY? UH, AND, AND AS MR. PAM BEEN SAID, AND AS YOU SEE HERE, THAT'S LIKE WAY OFF THE, THE CHARTS HERE, IT'S GOTTA BE RAINED IN SOMEHOW.
UH, I DON'T KNOW HOW, BUT THERE, THERE'S GOTTA BE SOMETHING WHERE YOU GUYS CAN CONTINUE TO COME OVER HERE AND CONTINUE TO ENJOY THE EASTERN SHORE.
UH, EXACTLY WHAT'S INVOLVED IN IT.
UH, UH, WE CAN COME UP WITH A BUNCH OF IDEAS, BUT, UH, AND, AND, AND YOU KNOW, THE STAFF, THEY'RE OBLIGATED BY WHAT THEY, THEY'VE SAID, YOU KNOW, THAT'S THEIR JOB AND THAT'S, AND THEY'RE DOING THE JOB, AS I SAID, AND WITH THE ENFORCEMENT AND ALL THAT, WE GOT WHAT WE ASKED FOR.
AND THIS IS WHAT IT'S, WELL, YOU KNOW, THEY'RE, THEY, WE'VE GOT PEOPLE OUT THERE GOING AROUND BIRD DOGGING THIS, AND THEY'RE DOING THEIR JOB.
AND SO NOW WE'RE TRYING TO GET IT ALL COLLECTED IN AND, UH, IT'S, IT'S GONNA TAKE TIME.
YOU READY FOR, ARE WE READY FOR YOU GOT A FINAL COMMENT? NO.
READY FOR A MOTION? I'LL MOVE THAT.
THE MIMA COUNTY BOARD OF APPEALS APPROVE A SPECIAL USE PERMIT PURSUANT TO MIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 14 TO ALLOW FOR 12 TRAVEL TRAILERS FOR HABITATION ON TAX PARCEL 40 DASH EIGHT DASH 1 1 10 WITH THE 12 CONDITIONS RECOMMENDED BY STAFF.
UM, I HAVE A CONCERN ABOUT THIS.
I, MY CONCERN IS BASED ON STAFF RECOMMENDATIONS.
I THINK THAT I WILL SECOND IT FOR THE TEMPORARY LOCATION FOR TWO YEARS DURING HUNTING SEASON.
AND THAT'S OCTOBER THROUGH JANUARY.
[00:40:01]
JANUARY, YEAH.THERE'S, THERE'S ALSO, WE, WE ALSO COME UP FOR TURKEY IN SPRING,
UH, WE GOT A COUPLE GUYS WHO COME UP AND ACTUALLY DO SOME FISHING AND STUFF IN THE SUMMERTIME AND THEY, THEY DO IT OUT HERE TOO.
SO WE, IT'S NOT THE SAME MAGNITUDE OF PEOPLE, BUT THEY, WE DO STILL COME UP THERE OTHER TIMES.
SO, SO ARE YOU STILL WILLING TO SECOND YOU MADE A MOTION FOR THE TEMPORARY FOR TWO YEARS? MM-HMM
WE HAVE APPROVED UP TO TWO TRAVEL TRAILERS ON THE SITE, BUT NOT 12.
WE HAD ONE OVER THE HONDA C**K.
THAT HAD MULTIPLE, THAT WAS WHEN THE FIRE DEPARTMENT OKAY.
SO YOU CAN STAY, YOU CAN GO EMAIL IT OR, YEAH, WE'LL, WE'LL SEND YOU COPY.
I AM GLAD I'M NOT THE ONLY ONE THAT GOT THE IGNORANCE OF A LAW.
OKAY, SO THE SECOND CASE, UH, THIS IS RENEE AND CHARLES BAX.
THIS IS A SPECIAL USE PERMIT FOR A TRAVEL TRAILER FOR HABITATION.
UM, SOME BACKGROUND INFORMATION.
UH, RENEE BAX IS THE APPLICANT.
THE PROPERTY OWNERS ARE RENEE AND CHARLES B UH, THE LOCATION IS 9 1 3 9 STUMPTOWN ROAD TAX MAP NUMBER 39 A DASH 29.
UM, THE ACREAGE IS APPROXIMATELY HALF AN ACRE ZONE RESIDENTIAL.
THE FUTURE LAND USE RECOMMENDATION IS AGRICULTURAL.
UM, ADJACENT ZONINGS ARE RESIDENTIAL AND AGRICULTURAL AND ADJACENT USES ARE RESIDENTIAL AND AGRICULTURAL IN GENERAL.
MOSTLY, UH, SINGLE FAMILY HOMES, PLANS AND ELEVATIONS.
UM, ZONE RESIDENTIAL, UH, FUTURE LAND USE.
UM, AND IT IS NOT IN A RESOURCE PROTECTION AREA.
IT'S IN A RESOURCE MANAGEMENT AREA.
SOME, UH, PICTURES OF THE SITE.
UH, TOP RIGHT IS A VIEW GOING NORTH ON STUMPTOWN ROAD.
UH, BOTTOM RIGHT IS A VIEW OF STUMPTOWN ROAD GOING SOUTH.
UM, THIS IS A PICTURE OF THE TRAVEL TRAILER AND THIS IS, UH, AN IMAGE OF A, UH, PORTABLE BATHROOM THAT IT APPEARS THAT'S BEING USED.
UM, THERE WAS A HOUSE ON THE SITE.
THE HOUSE HAS SINCE BEEN DEMOLISHED.
UM, I AM UNAWARE OF ANY WELL AND SEPTIC THAT'S ON THE PROPERTY.
UM, THIS IS THE SITE PLAN SHOWING THE TRAVEL TRAILER.
AND THEN, UH, WE GET INTO THE RELEVANT DEFINITIONS.
UH, SECTION 1 0 6 DASH ONE GIVES THE DEFINITIONS RELEVANT TO THIS APPLICATION.
UH, TRAVEL TRAILER MEANS A PORTABLE STRUCTURE BUILT ON A CHASSIS, DESIGNED TO BE USED AS A TEMPORARY OCCUPANCY FOR TRAVEL, RECREATION, OR VACATION BEING LESS THAN 36 FEET IN LENGTH.
SO THEN WE GO INTO CONSIDERATION FOR SPECIAL USE PERMITS.
NUMBER ONE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, GENERALLY TRAVEL TRAILERS FOR HABITATION ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
THE AREA IS COMPRISED OF MANY D DIFFERENT TYPES OF RESIDENTIAL DWELLINGS, AND ADDING A TRAVEL TRAILER IMPACTS THE CHARACTER OF THAT NEIGHBORHOOD.
UM, NUMBER TWO, WHERE THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES.
UH, THE SITE IS NOT SERVICED BY PUBLIC WATER AND SEWER.
THERE IS A PORTABLE BATHROOM THAT THE APPLICANT HAS BEEN USING BASED ON THE, UM, SITE PHOTOS THAT I HAD SHOWED YOU.
UH, NUMBER THREE, WHERE THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, GENERALLY TRAVEL TRAILERS 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 ANSWER THERE IS NO, THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS.
[00:45:01]
UH, NUMBER FIVE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.UH, THE USE OF A TRAVEL TRAILER FOR HABITATION IN ONE LOCATION 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.
UH, THE USE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
UH, NUMBER SEVEN, WHETHER PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS, UH, THE ANSWER IS NO.
TRAVEL TRAILERS ARE NOT DESIGNED FOR USE IN ONE LOCATION CONTINUOUSLY.
UH, HOWEVER, THE BZA HAS GRANTED S UPS FOR THIS TYPE OF USE OF PREVIOUS MEETINGS.
NO LOCAL LAWS, ORDINANCES, OR REGULATIONS ARE EFFECTIVE.
UH, 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, UTILITIES, UM, GIVEN MY SITE VISIT, I DID NOT SEE ANY WATER AND SEWER.
UM, AND IT APPEARS THAT THE APPLICANTS HAVE BEEN USING A PORTABLE BATHROOM FOR DISPOSAL OF WAGE.
STUMPTOWN ROAD IS A V DOT MAINTAINED SECONDARY ROAD, UH, ENVIRONMENTAL.
THE PROPERTY IS LOCATED IN A SPECIAL FLOOD HAZARD AREA THAT'S EIGHT BFE.
UM, AND FOR PUBLIC SAFETY, A TRAVEL TRAILER IN A FLOOD HAZARD AREA COULD POSE A RISK TO PUBLIC SAFETY.
UM, THAT'S MOSTLY GIVEN THAT IT'S NOT ANCHORED LIKE A TYPICAL STRUCTURE WOULD BE.
UM, PUBLIC COMMENT NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
AND I HAVE NOT RECEIVED ANY COMMENTS.
I'VE ALSO NOT RECEIVED ANY INQUIRIES ABOUT THIS.
UM, PARTICULAR APPLICATION, UH, STAFF FINDINGS.
UM, THE APPLICANT HAS PLACED A TRAVEL TRAILER ON THE PROPERTY.
A TRAVEL TRAILER REQUIRES A SPECIAL USE PERMIT.
UH, GENERALLY TRAVEL TRAILERS FOR HABITATION ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING AREA.
UH, ALSO GENERALLY, TRAVEL TRAILERS DO NOT CREATE AN ATTRACTIVE AND HARMONIOUS COMMUNITY, AND THE PROPERTY IS LOCATED IN A SPECIAL HU FLOOD HAZARD AREA.
ALSO, THIS IS AN AFTER THE FACT APPLICATION.
TO ADD TO THE FINDINGS, STAFF RECOMMENDATIONS, STAFF RECOMMENDS DENIAL OF SUSE 94 20 25 BASED ON TRAVEL TRAILERS NOT CONTRIBUTING TO A HARMONIOUS COMMUNITY AND THE POTENTIAL SAFETY RISK OF A TRAVEL TRAILER IN A SPECIAL FLOOD HAZARD AREA.
IF THE BCA VOTES TO APPROVE THE SPECIAL UNITS PERMIT, STAFF RECOMMENDS THE FOLLOWING 10 CONDITIONS, UM, CONDITIONS ONE THROUGH 10.
UH, 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.
NUMBER FOUR, THE APPROVAL IS FOR ONE UNIT AND IS ONLY FOR THE APPLICANT OR HIS OR HER FAMILY.
A VIOLATION OF THIS CONDITION SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID.
THIS SPECIAL USE PERMIT SHALL EXPIRE TWO YEARS FROM THE DATE OF ISSUANCE PURSUANT TO SECTION 1 0 6 DASH 2 52 4 E.
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.
UH, NUMBER SEVEN, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE TRAVELS TRAVEL TRAILER IS ON SITE.
NUMBER EIGHT, THE APPLICANT SHALL BE ALLOWED TO LOCATE THE TRAVEL TRAILER ON THE PROPERTY FOR 180 DAYS AFTER THE 180 DAY PERIOD.
THE APPLICANT SHALL REMOVE THE TRAVEL TRAILER FOR 180 DAYS BEFORE PLACING THE TRAVEL TRAILER BACK ON THE PROPERTY.
UH, NUMBER NINE, THE APPLICANT SHALL COMPLY WITH ALL FLOODPLAIN REGULATIONS PER AKIMA COUNTY CODE SECTION 1 0 6 DASH 360 7 4 B.
THE APPLICANT SHALL ALLOW THE COUNTY TO PERFORM INSPECTIONS OF THE SITE AT ANY TIME WHILE THE SPECIAL USE PERMIT IS ACTIVE.
I'M GONNA COME BACK TO CONDITION A.
UM, IT IS, IT IS STAFF'S OPINION THAT A DISTINCTION SHOULD BE MADE BETWEEN AGRICULTURAL AGRICULTURALLY ZONE PARCELS AND ALLY ZONE PARCELS, UM, WHERE A, WE'RE A, WHERE A HIGHER LEVEL OF SCRUTINY IS WARRANTED.
UM, AND THAT IS THE REASON FOR THIS CONDITION.
THIS CONDITION WOULD, WOULD MEAN THAT AFTER THE 180 DAY PERIOD THAT TRAILER'S GOTTA MOVE AND CAN'T BE ON THE PROPERTY FOR 180 DAYS.
THAT'S WHAT THAT CONDITION MEANS.
UH, THAT'S THE RECOMMENDED MOTION I CAN ANSWER.
UM, IS THE APPLICANT HERE AND WISH TO SPEAK? I DIDN'T HAVE ANYONE SIGN UP.
[00:50:08]
I'M NOT GONNA DO ANYTHING WITHOUT THE APPLICANT HERE.SO, UM, IN THAT CASE, WE WOULD RECOMMEND DEFERRAL.
DO I HAVE A MOTION TO DEFER? I'LL MOVE TO DEFER THIS CASE.
SO NOW WE COME TO THE THIRD CASE.
IT'S, UH, MICHAEL AND RACHEL LEVITSKY.
AND THIS IS FOR AN ACCE, AN ACCESSORY DWELLING WITH VARIANCES.
UH, THE APPLICANT IS, UH, MICHAEL LE BUDZINSKI.
UH, THE PROPERTY OWNERS ARE MICHAEL AND RACHEL LEKI.
UH, THE LOCATION IS, UH, TAX MAP NUMBER 14 DASH THREE DASH 63.
UM, THE PROPERTY IS 3.22 ACRES.
THE REQUEST IS FOR AN ACCESSORY DWELLING UNIT.
UH, FUTURE LAND USE RECOMMENDATION IS ALSO AGRICULTURAL.
UH, CURRENT AND PROPOSED UNITS IS, UH, OUR USES IS RESIDENTIAL ADJACENT ZONINGS OR AGRICULTURAL.
AND ADJACENT USES ARE, UH, RESIDENTIAL SINGLE FAMILY.
AGAIN, AS BACKGROUND, THIS IS, UH, THE CORBIN HALL SUBDIVISION, UM, IN HORN TOWN.
UM, SO HERE WE HAVE AN, AN AERIAL, UH, SHOWING THE SITE.
THIS IS ZONED AGRICULTURAL FUTURE LAND USE MAP IS ALSO AGRICULTURAL.
UH, WHILE THERE IS, THERE IS FLOODPLAIN TOWARDS THE REAR OF THE LOT.
THE, UM, LO THE PROPOSED LOCATION OF THE ACCESSORY DWELLING IS WHERE MY MARKER IS THERE, SO IT'S NOT GONNA BE IN THAT AREA.
UM, AND AGAIN, RPA, AGAIN, THE ACCESSORY DWELLING UNIT WILL NOT BE IN THE RPA.
THERE'S SOME PICTURES I TOOK OF THE SITE.
UM, THIS IS INDIGO LANE, UH, INDIGO LANE'S, A FAIRLY WELL MAINTAINED, UH, PRIVATE ROAD IN THE SUBDIVISION.
UM, THIS IS A VIEW FROM THE WOODS INTO THAT, UM, SECTION THAT'S, THAT'S, UH, OPEN.
UM, AND THIS IS AN APPROXIMATE, UH, LOCATION OF WHERE THE HOUSE IS GOING IN RELATION TO WHERE THE ACCESSORY DWELLING IS GOING.
AND ALSO WE HAVE, UH, A PICTURE OF THE SITE FROM THE ROAD.
UM, IT'S FAIRLY WOODED AT, UH, CURRENTLY.
HOWEVER, AS THEY GO THROUGH THE PROCESS OF, UM, CLEARING THAT LAND TO PUT THE HOUSE THERE, I MEAN, IT'S GONNA OPEN UP.
UM, SO AS WE CAN SEE, UM, THIS IS THE LOCATION OF THE MAIN HOUSE.
THIS IS THE LOCATION OF THE PROPOSED ACCESSORY DWELLING.
UM, IT IS WITHIN THE 140 FOOT SEPARATION DISTANCE BETWEEN, UH, MAIN HOUSE AND ACCESSORY DWELLING.
UM, I BELIEVE THAT NUMBER IS 45 FEET.
UM, AND ALSO IF YOU, IF YOU LOOK, UM, IT DOES SEEM TO BE DIFFICULT TO GET TO THE 140 FOOT MARK TO WHERE THEY WOULDN'T NEED THAT VARIANCE.
UM, TOWARDS THE REAR OF THE LOT, THERE ARE TOPOGRAPHICAL CHALLENGES.
AND ALSO THE, THE FURTHER BACK YOU GO, YOU RUN INTO POTENTIALLY RPA ISSUES AND, UM, FLOODPLAIN ISSUES.
THIS IS A, UH, IMAGE OF THE PROPOSED STRUCTURE.
AND THIS IS AN IMAGE OF THE, UH, THE MAIN STRUCTURE THAT IS GOING ON THE PROPERTY.
SO, UH, WE GET TO DEFINITIONS.
UH, DWELLING ACCESSORY MEANS A SUBORDINATE DWELLING UNIT LOCATED ON THE SAME LOT OCCUPIED BY THE MAIN DWELLING UNIT, AND IS DETACHED FROM THE MAIN DWELLING UNIT.
ACCESSORY DWELLINGS MAY BE MANUFACTURED HOMES AS DEFINED HEREIN.
NO ACCESSORY DWELLING MAY EXCEED 1200 SQUARE FEET AND FLOOR AREA.
THAT IS ALSO PERTINENT TO THIS CASE.
UM, AND IT COMES OUT TO MORE THAN 1200 SQUARE FEET.
SO THERE'S ALSO A VARIANCE FOR THAT IN THIS APPLICATION.
UH, CONSIDERATIONS FOR SPECIAL USE PERMITS, UH, NUMBER ONE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
THE PROPOSED USE IS, IS FOR A RESIDENTIAL, A RESIDENTIAL ACCESSORY DWELLING.
OTHER DWELLINGS ARE PRESENT IN THE SUBDIVISION AND LARGER AREA.
[00:55:01]
TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES.THE UTILITIES ARE UNDERGROUND FOR THIS SUBDIVISION.
OTHERWISE, THE PROPERTY IS NOT LOCATED NEAR ANY UTILITIES.
UH, NUMBER THREE, WHETHER THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
THE ANSWER THERE IS THAT NO DETRIMENTAL EFFECTS ARE ANTICIPATED.
WHILE THE UPSTAIRS WILL BE LIVING SPACE, SEVERAL HOMES IN THE SUBDIVISION HAVE DETACHED GARAGES, WHICH IS CONSISTENT WITH THIS STRUCTURE.
UH, NUMBER FOUR, WHILE THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS, UH, NO ADVERSE IMPACT IS ANTICIPATED.
A PROPOSED STRUCTURE WILL NOT BE IN THESE AREAS.
SO THE STRUCTURE, THE SITE HAS THESE ENVIRONMENTAL AREAS, BUT THE ACCESSORY DWELLING WON'T BE IN THEM.
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.
NUMBER SIX, WHETHER PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
UH, THIS STRUCTURE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
UH, NUMBER SEVEN, WHETHER PROPOSED USES IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS.
UH, YES, ACCESSORY DWELLING, SUCH AS THESE ARE ALLOWED BY SPECIAL USE PERMIT.
THE APPLICANT IS ALSO APPLYING FOR VARIANCES FOR THIS USE.
UH, 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.
UH, THEN WE HAVE CONSIDERATIONS FOR VARIANCES, UH, CONSIDERATION.
ONE, STRICT APPLICATION VERSUS UNREASONABLE RESTRICTION AND VERSUS ALLEVIATING A HARDSHIP FROM A PHYSICAL CONDITION.
THE ANSWER THERE IS NO, THE LACK OF AN ACCESSORY DWELLING DOES NOT UNREASONABLY RESTRICT THE UTILIZATION OF THE PROPERTY.
UM, THEY ARE, THEY ARE APPROVED, UH, FOR A, FOR A HOUSE.
THEY CAN STILL USE THE PROPERTY FOR SOMETHING ELSE.
UM, NUMBER TWO, UH, GOOD FAITH.
A ACQUISITION, NOT A SELF-CREATED HARDSHIP.
THE PROPERTY WAS ACQUIRED IN GOOD FAITH IN 2013.
HOWEVER, THE HARDSHIP FOR THE VARIANCE IS CREATED BY THE APPLICANT.
UH, NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.
THE ACCESSORY DWELLING MEETS FRONT SIDE, REAR AND HEIGHT REGULATIONS IN AGRICULTURAL ZONING, NO ADJACENT PROPERTY OWNERS WILL BE AFFECTED.
UH, NUMBER FOUR, GENERAL OR RECURRING NATURE TO AMEND ORDINANCE TO ALLEVIATE SITUATION.
UH, NO, THIS CON THE CON, THIS CONDITION OF THE APPLICATION IS SPECIFIC TO THIS CASE.
UH, NUMBER FIVE, UH, RESULT IN A USE NOT OTHERWISE PERMITTED SLASH REZONING OF PROPERTY.
UH, NO ACCESSORY DWELLINGS ARE ALLOWED BY SPECIAL USE PERMIT AND AGRICULTURAL ZONING, WHICH IS ALSO PART OF THIS, UH, CASE.
UH, NUMBER SIX IS THE REMEDY SOUGHT AVAILABLE THROUGH SPECIAL EXEMPTION.
UH, NO OTHER ALTERNATIVE IS AVAILABLE TO HANDLE THIS REQUEST.
UH, INDIGO LANE IS A PRIVATE STREET IN THE SUBDIVISION OF CORBIN HALL, WHICH IS A GATED COMMUNITY.
IT IS A WELL-MAINTAINED PRIVATE STREET AS WE SAW IN THE PHOTOS.
UM, ENVIRONMENTAL, THE STRUCTURE WILL NOT BE PLACED IN AN ENVIRONMENTALLY SENSITIVE AREA.
THE PROPERTY DOES HAVE TITLE AND NON-TITLE WETLANDS, BUT LIMIT THE BUILDABILITY OF THE, UH, THE BUILDABLE AREA OF THE LOT.
UH, THE LOT ALSO IS IN A FLOOD ZONE.
THAT WOULD BE FIVE BFE, BUT THE STRUCTURE WILL NOT BE PLACED IN THAT AREA.
UH, STAFF FINDINGS, THE APPLICANT REQUESTS A SPECIAL USE PERMIT IN MULTIPLE VARIANCES TO BUILD AN ACCESSORY DWELLING ON THEIR LOT.
THE LOT HAS SEVERAL ENVIRONMENTAL FACTORS THAT LIMIT THE BUILDABILITY OF THE LOT, UM, AND THE STRUCTURE REQUIRES A VERY, UH, VARIANCE FOR BOTH PLACEMENT AND SIZE.
UM, STAFF RECOMMENDS APPROVAL OF SUSE 1 29, 20 25 FOR DWELLING ACCESSORY ON LOTS WITH A MINIMUM AREA OF FIVE ACRES, OR ON NON-CONFORMING LOTS WITH A MINIMUM AREA OF 60,000 SQUARE FEET RECORDING THE LAND RECORDS AS OF JUNE 28TH, 2006.
UH, STAFF DOES NOT NORMALLY MAKE RECOMMENDATIONS ON VARIANCE CASES.
IF THE BCA WISHES TO GRANT THE SPECIAL USE PERMIT AND THE VARIANCES, UH, STAFF RECOMMENDS THE FOLLOWING SIX CONDITIONS.
UM, JUST TO ADD TO THE RECOMMENDATIONS ON VARIANCE CASES, UM, THERE ARE A COUPLE QUESTIONS ON VARIANCES WHERE THE ANSWER IS NO.
UH, CONDITIONS ONE THROUGH SIX, THE APPLICANT SHALL AMEND, UH, PERMIT BLDR 0 0 1 0 4 1 20 25 TO INCLUDE THE CHANGES FROM AN ACCESSORY STRUCTURE TO AN ACCESSORY DWELLING.
UH, NUMBER TWO, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VIRGINIA DEPARTMENT OF HEALTH AND VIRGINIA DEPARTMENT OF TRANSPORTATION REQUIREMENTS.
UH, NUMBER THREE, THE AMENDMENTS TO THE BUILDING APPLICATION SHALL BE CONSISTENT WITH THIS APPLICATION.
[01:00:01]
UH, NUMBER FOUR, THE SITE SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE SPECIAL USE PERMIT IS ACTIVE.UH, NUMBER FIVE, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE INSPECTIONS OF THE SITE AT ANY TIME WHILE THE SPECIAL USE PERMIT IS ACTIVE.
AND NUMBER SIX, THE APPLICANT SHALL CLEARLY FLAG ALL FOUR CORNERS OF THE PROPERTY AND THE PROPOSED FOOTPRINT, UH, SUBSET A, THIS DELINEATION MUST BE CERTIFIED BY A LICENSE SURVEYOR TO ENSURE COMPLIANCE AND ACCURACY.
AND A SUBSET B, THE PROPERTY CORNER FLAG SHALL REMAIN IN PLACE UNTIL THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY.
THOSE ARE THE RECOMMENDED MOTIONS AND, UH, I CAN ANSWER ANY QUESTIONS THAT YOU HAVE.
THE APPLICANT IS ALSO HERE IF YOU HAVE ANY QUESTIONS FOR THEM.
AND YOU GOT NO FEEDBACK FROM PUBLIC COMMENT.
ROGER, I I FIELDED INQUIRIES? UM, I RECEIVED NOTHING IN WRITING.
UM, COULD YOU DETAIL THE, UH, REASONING FOR 140 FOOT MINIMUM? THAT IT COMES STRAIGHT FROM THE ZONING ORDINANCE? UM, WE'VE, WE'VE DEALT WITH A COUPLE OF THEM MM-HMM
UM, THAT'S JUST WHAT THE ZONING ORDINANCE SAID.
AND I WOULD JUST ADD TO THAT, THAT THE ZONING ORDINANCE SIMPLY HAS TWO SENTENCES.
ONE, I THINK FOR AG, ONE FOR RESIDENTIAL, THAT'S ONE DISTANCE FOR AG, ONE DISTANCE FOR RESIDENTIAL.
THERE'S CORRECT NO EXPLANATION IN THAT SECTION OTHER THAN JUST THE NUMBER.
HISTORICALLY, THESE THINGS HAVE BEEN CALLED MOTHER-IN-LAW HOUSES.
I DIDN'T KNOW IF 95 FEET WAS TOO CLOSE OR NOT.
DID YOU HAVE ANY QUESTIONS? I DO NOT HAVE QUESTIONS.
UH, WE HAD TWO PEOPLE WHO SIGNED UP.
IF SOMEBODY WANT TO SPEAK FIRST OR YOU WANT ME TO OKAY.
I AM, UH, SHALL TELL OR CORRECT.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH CONCERNING MATTERS BEFORE US? I DO.
I'M, UH, MY NAME'S THOMAS WILSON.
I'M ON THE CORBIN HALL PROPERTY OWNER ASSOCIATION.
I'M ONE OF THE THREE BOARD OF DIRECTORS.
I'M ALSO THE HEAD OF THE, UH, ARCHITECTURAL REVIEW BOARD, WHICH APPROVES, WHICH WE HAVE APPROVED, UH, THE, THE HOUSE AND THE, AS YOU CALL IT, A MOTHER-IN-LAW SUITE
BECAUSE WE'VE, WE'VE HAD A FEW OF THAT, AND THAT'S WHAT WE LOOKED AT.
IT IS, AND WE TOTALLY ENDORSED THAT.
UM, THE ONLY CONCERNS WE HAD, AND, UH, WE'VE DISCUSSED IT WITH, UH, UH, MR. LAKI AND, AND, AND HIS WIFE RACHEL, IS WE DO IN OUR COVENANTS AND RESTRICTIONS, WHICH I HAVE COPIES I CAN SEND TO YOU, WHATEVER, UM, THAT WE DO, UH, WITH THIS HOUSE, IT CANNOT BE USED.
THE MOTHER-IN-LAW SUITE IS A MOTHER-IN-LAW SUITE AND NOT A RESIDENCE WHILE IT'S BEING, UH, PURCHASED.
THAT'S, AND WITHIN OUR REGULATIONS AND WITHIN OUR REG, WITHIN OUR REGULATIONS, IT CANNOT BE, UH, USED AS A RENTAL PROPERTY OR ANYTHING ELSE THAT'S GONNA, IT'S, IT'S A SIT STILL.
BUT THE TWO OF 'EM ARE STILL CONSIDERED A SINGLE FAMILY DWELLING.
THE TWO OF 'EM JUST SEPARATED BY SPACE WITHIN PER HOUR REGULATIONS.
AND I, I TOTALLY ENDORSE AP APPROVAL.
AND I UNDERSTAND HE MAY BUILD THIS FIRST BECAUSE THERE'S SOLAR PANELS ON IT.
THERE'S WE, AND WE WANT HIM TO, WE WANT HIM TO SUCCEED.
SO THAT'S, DOES HAVE A QUESTION FOR ME.
UH, MICHAEL LEKI, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH CONCERNING ALL MATTERS THAT WILL BE FORCED? YES, I DO.
I JUST WANNA MAKE A COUPLE COMMENTS JUST TO GIVE YOU SOME BACKGROUND SO THAT, UM, HOW WE GOT TO THE SITE PLAN AS IT IS.
SO, AS MR. JONES POINTED OUT, THERE'S THAT AREA TO THE LEFT OF THE SITE WHERE THE TREES ARE ALREADY CUT.
I THINK THAT WAS ALREADY CLEARED AS PART OF THE LAND DEVELOPMENT.
SO WHEN MY WIFE AND I WERE, UH, FIGURING OUT WHAT WE WANTED TO DO, UM, WE WANTED SOLAR PANELS AND, BUT SHE DIDN'T WANT THEM ON THE MAIN HOME.
AND SO WE CAME UP WITH THIS IDEA BASED ON OTHER, UM, ACCESSORY DWELLINGS WE SAW IN THE NEIGHBORHOOD OF PUTTING THEM THERE.
AND SO THAT'S WHAT WE ORIENTED IT.
AND THEN WE HAD, AS MR. JONES SAID, WE HAD OTHER RESTRICTIONS ON WHERE, YOU KNOW, THE SEWER AND THE SEWER BOX WENT.
AND THEN WE HAD THE RPA ZONE IN THE BACK.
SO JUST SORT OF PROCESSABLE ELIMINATION, YOU KNOW, SETTLE THINGS WHERE THEY WERE.
UM, JUST WANT GIVE THAT BACKGROUND AND FIELD ANY OTHER QUESTIONS YOU MIGHT HAVE.
ANY QUESTIONS? MAYBE THIS IS A QUESTION FOR STAFF OF WHEN WE HAVE A LAYERING OF, OF REGULATORY COMPLIANCE.
[01:05:01]
YOU KNOW, THERE'S THE COUNTY AND THEN THE, THE, UH, HOA.SO THE, SO GENERALLY, UM, THE COUNTY DOES NOT HAVE ANY REGULATORY AUTHORITY OVER HOMEOWNERS ASSOCIATIONS AND THEIR COVENANT RESTRICTIONS.
THAT'S HANDLED BY THE HOA THEMSELVES.
THE COUNTY ONLY HAS THE POWER TO ENFORCE THE ZONING ORDINANCE.
SO MY POINT IS, IS A CONDITION, HAVING A CONDITION OF COMPLYING WITH HOA WOULD NOT BE APPROPRIATE.
I, I WOULD SAY THAT, UH, I MEAN THE HOA IS, WELL, I HAVE NOT REVIEWED THEIR COVENANTS RESTRICTIONS AND SUCH, BUT IF IN FACT THEY DO HAVE A COVENANT THAT SAYS IT CAN'T BE RENTED OUT, THERE WOULD BE WELL WITHIN THEIR RIGHTS TO, UH, UH, ENFORCE THAT.
AND I DON'T THINK IT, I WOULD SUGGEST THAT IT WOULD NOT BE A COUNTY, UH, ISSUE OR SHOULD NOT BE A COUNTY ISSUE TO ENFORCE THAT.
WELL, YOU KNOW, WHAT I, WHAT I'M GETTING AT IS THAT, YOU KNOW, BASED UPON OUR ACTION HERE, YOU KNOW, WE'RE HEARING WHAT THEY SAY THEY WOULD DO.
AND WE'RE, WE'RE, IF, WELL, AS I UNDERSTAND IT, THE VZA WOULD NOT BE COMMENTING ON THE USE OF THE MOTHER-IN-LAW SUITE, JUST THE ABILITY TO BE ABLE TO BUILD IT.
I KNOW THAT WE HAVE IN, IN THE THING THAT COULD NOT BE USED AS A RENTAL OR WE'VE DONE THAT, THAT'S TYPICAL, TYPICAL LANGUAGE THAT WE USE FOR, UM, WE TRY TO KEEP 'EM AS RELATED TO FAMILY OR AS CLOSE TO FAMILY AS WE CAN, DEPENDING ON THE SITUATION.
I BELIEVE WE ADDED A CASE ABOUT SIX MONTHS AGO WHERE IT WAS, UM, FOR EXAMPLE, SOMEBODY'S, UM, DISABLED SON.
THEY WANTED TO HAVE SOME SORT OF, SOME SORT OF AUTONOMY WHILE STILL BEING CLOSE ENOUGH TO WHERE THEY COULD KEEP AN EYE ON HIM.
SO IT'S USUALLY THOSE TYPES OF SITUATIONS.
JUST A POINT OF CLARIFICATION.
DO WE NEED TO MOVE ON THE VARIANCE FIRST, OR? UM, I WOULD SAY WE COULD DO, WE COULD DO EITHER, UM, WE CAN DO THE SPECIAL USE PERMIT FIRST.
I MAKE A MOTION TO ACK COUNTY BOARD OF ZONE APPEALS APPROVED USE 0 0 0 1 2 9 DASH 2 0 2 5.
A SPECIAL USE PERMIT PURSUANT TO MACK COUNTY CODE 1 0 6 5 3 22 TO ALLOW CONSTRUCTION OF A, OF AN ACCESSORY DWELLING WITH THE SIX CONDITIONS RECOMMENDED BY STAFF SECOND.
I MOVE THAT MACK COUNTY BOARD RESERVE APPEALS APPROVE VARIANCE 0 0 0 1 4 5 DASH 2 0 2 5, A VARIANCE OF 95 FEET FROM THE 140 FOOT MINIMUM SEPARATION DISTANCE FROM MULTIPLE DWELLINGS IN AGRICULTURE ZONING ZONING PURSUANT TO MACK COUNTY CODE SECTION 1 0 6 DASH 2 3 8 AND A VARIANCE OF 2 420 FEET FROM THE 1200 SQUARE FOOT LIMIT ON ACCESSORY DRILLERS PURSUANT TO ACK COUNTY CODE 1 0 6 DASH ONE WITH THE SIX CONDITIONS RECOMMENDED BY STAFF.
THANK, UM, THE NEXT STEP PERMIT.
UM, SO THIS NEXT ONE IS, UH, RYAN JEAN.
THIS IS, UH, VARIANCE 1 37 20 25, AND THIS IS A FRONTAGE VARIANCE IN THE RESIDENTIAL DISTRICT.
UM, BACKGROUND, RYAN DEAN'S THE APPLICANT.
THE PROPERTY OWNERS ARE RYAN AND JESSICA DEAN.
UM, THE TAX MAP IS, UH, 84 B DASH A DASH 22.
UM, THERE ARE TWO, THERE ARE TWO RESIDENTIAL STRUCTURES ON THE PROPERTY.
UH, ONE IS A 2 1 4 7 8, AND THE OTHER ONE IS A 2 1 4 8 4 SOUTH SIDE ROAD.
UM, THE ACREAGE IS APPROXIMATELY 1.33 ACRES.
UH, THE ZONING IS RESIDENTIAL AND THE REQUEST IS A VARIANCE FROM THE FRONTAGE REQUIREMENT.
THESE VARIANCES WOULD BE 47 FEET AND 10 FEET RESPECTIVELY.
UH, FUTURE LAND USE RECOMMENDATION IS AGRICULTURAL.
UH, CURRENT AND PROPOSED USES ARE RESIDENTIAL ADJACENT, ZONINGS ARE RESIDENTIAL, AND ADJACENT USES ARE RESIDENTIAL.
THIS AREA IS COMPRISED MOSTLY OF SINGLE FAMILY DWELLINGS.
UM, SO THIS IS, UM, AN AERIAL IMAGE OF THE SITE.
UM, ZONED RESIDENTIAL FUTURE LAND USE IS AGRICULTURAL, UM, NOT
[01:10:01]
LOCATED IN AN RPA, UM, AND IS LOCATED IN A FLOOD PLAN.THIS WOULD BE SEVEN DFVI WILL SAY THIS CASE.
UM, THE FLOODPLAIN DOESN'T REALLY AFFECT THIS CASE BECAUSE WE'RE NOT DOING ANYTHING STRUCTURALLY TO THE SITE.
THIS, THESE ARE SOME PHOTOS OF THE, UH, PROPERTY, UM, HOUSE ONE, HOUSE TWO.
UM, THIS IS THE DRIVEWAY IN THE CENTER WITH THE GARAGE, AND THIS IS, UH, WHAT SOUTH SIDE ROAD LOOKS LIKE.
SO, UM, THIS IS ACTUALLY A, UH, A SURVEY OF THE PROPERTY.
UH, WHAT THE APPLICANT WISHES TO DO IS, UH, SUBDIVIDE THESE PROPERTY, UH, SUBDIVIDE THIS PROPERTY INTO TWO SEPARATE PROPERTIES.
THE ISSUE THAT WE ARE RUNNING, RUNNING INTO IS, UH, NEITHER OF THESE PARCELS, UH, MEET THE FRONTAGE REQUIREMENTS FOR RESIDENTIAL ZONING.
WE HAVE FRONTAGE REQUIREMENTS AND RESIDENTIAL ZONING BEING A HUNDRED FEET.
UM, I WILL ALSO SAY THAT OTHER THAN THE FRONTAGE REQUIREMENT, THESE LOTS DO MEET ALL THE OTHER PROVISIONS.
SO THEY STILL HAVE THE SAME, THEY STILL MEET, UH, SQUARE FOOTAGE WISE FOR WHAT A RESIDENTIAL ZONE PROPERTY WOULD BE.
UM, SO CONSIDERATIONS FOR VARIANCE APPLICATIONS.
UH, NUMBER ONE, STRICT APPLICATION VERSUS UNREASONABLE RESTRICTION VERSUS ALLEVIATING A HARDSHIP FROM A PHYSICAL CONDITION.
UH, RESPONSE IS YES, GRANTED, THE VARIANCE WOULD ALLEVIATE A HARDSHIP.
THERE ARE CURRENTLY TWO DWELLINGS ON THE PROPERTY.
SPLITTING THE PROPERTY WOULD CREATE A SITUATION WHERE ONE DWELLING IS ON EACH LOT.
THE LOTS WOULD MEET THE OTHER REGULATIONS FOR LOT SIZE AND RESIDENTIAL ZONING.
UH, NUMBER TWO, GOOD FAITH ACQUISITION, ACQUISITION, AND NOT A SELF-CREATED HARDSHIP.
UH, YES, THE PROPERTY APPEARS TO HAVE BEEN ACQUIRED IN GOOD FAITH IN 2021.
UH, THE APPLICANTS DID NOT CREATE THIS HARDSHIP.
UM, NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.
THE PLANT WILL BE INSERTING A PROPERTY LINE BASICALLY THROUGH THE CENTER OF THE EXISTING LOT.
NO OTHER LOT LINES ARE AFFECTED.
UH, NUMBER FOUR, GENERAL OR REOCCURRING NATURE TO AMEND ORDINANCE TO ALLEVIATE SITUATIONS.
THE RESPONSE IS NO, THIS VARIANCE IS NOT OF A GENERAL NATURE AND IS SPECIFIC TO THIS CASE.
UH, NUMBER FIVE, UH, DOES THE PROPOSAL RESULT IN A USE NOT OTHERWISE PERMITTED, UH, SLASH REZONING OF THE PROPERTY? NOW THE EXISTING USE OF THIS PROPERTY IS FOR RESIDENTIAL DWELLINGS.
UH, NUMBER SIX, THERE'S A REVENUE SOUGHT AVAILABLE THROUGH SPECIAL EXEMPTION.
THE ANSWER THERE IS NO, THIS REQUEST CANNOT BE RESOLVED WITH A SPECIAL USE PERMIT.
UM, AND WE HAVE TRANSPORTATION.
SIDE ROAD IS A V MAINTAINED SECONDARY ROAD.
UM, ENVIRONMENTAL, THE PROPERTY IS LOCATED IN A SPECIAL FLOOD HAZARD AREA SEVEN BFV.
HOWEVER, THE VARIANCE IS NOT AFFECTED BY THE FLOOD HAZARD AREA.
UM, PUBLIC COMMENT, UM, THIS IS AS OF LAST WEEK, UM, UH, LETTERS OF SUPPORT WERE GIVEN TO ME TODAY.
AND, UH, YOU HAVE THOSE, UH, STAFF FINDINGS.
UM, THE APPLICANT WISH THE APPLICANT'S WISH TO SUBDIVIDE THE LOT INTO TWO PARCELS.
THE TWO RESULTING PARCELS REQUIRING VARIANCE FROM THE A HUNDRED FOOT FOOT FURNITURE REQUIREMENT.
THAT WOULD BE IN RESIDENTIAL, UH, SUBDIVIDING, UH, SUBDIVIDING.
THE PARCEL WOULD CREATE TWO LOTS THAT EACH HAVE A HOME ON THEM INSTEAD OF ONE PARCEL HAVING TWO HOUSES.
STAFF DOES NOT NORMALLY MAKE RECOMMENDATIONS ON VARIANCES.
HOWEVER, STAFF RECOMMENDS APPROVAL OF THE VARIANCE BASED ON CREATING TWO LOTS THAT EACH HAVE A HOME ON THEM INSTEAD OF ONE LOT THAT HAS TWO HOUSES THAT ARE TOO CLOSE TO EACH OTHER ACCORDING TO THE ZONING ORDINANCE.
UM, LIKE WE SAID IN THE PREVIOUS CASE, RESIDENTIAL ZONING SEPARATION DISTANCE WOULD NORMALLY BE 90 FEET FROM HOUSE ONE TO HOUSE TWO.
AND THESE ARE WELL WITHIN THAT.
UM, IF THE BCA APPROVES THIS VARIANCE, THE STAFF RECOMMENDS THE FOLLOWING FOUR CONDITIONS, UH, CONDITION ONE THROUGH FOUR.
UH, NUMBER ONE, THE APPLICANT SHALL SUBMIT A PLAN TO THE COUNTY FOR REVIEW AND BE APPROVED PER SECTION 78 DASH NINE OF THE SUBDIVISION ORDINANCE.
UM, NUMBER TWO, THE APPLICANT SHALL COMPLY WITH ALL COMMUNITY AND ECONOMIC DEVELOPMENT REGULATIONS.
UH, NUMBER THREE, THE APPLICANT SHALL COMPLY WITH ALL VDOT AND HEALTH DEPARTMENT REGULATIONS.
AND NUMBER FOUR, THE SUBDIVISION APPLICATION SHALL BE CONSISTENT WITH THIS APPLICATION.
OKAY, THERE IS THE MOTION AND I CAN ANSWER ANY QUESTIONS YOU HAVE.
UH, MR. DEAN AND MRS. DEAN ARE ALSO HERE IF YOU HAVE ANY QUESTIONS FOR THIS.
ANY QUESTIONS? UH, UH, WHEN WAS THE, WHEN WAS IT ALLOWED TO HAVE TWO HOUSES ON ONE LOT? UH, THE BEST THAT WE CAN TELL IS THE HOUSES WERE PUT THERE BEFORE THE ZONING ORDINANCE WAS CREATED.
SO THEY'RE NINE, LATE 1960S, EARLY 1970S HOMES
[01:15:01]
MM-HMMSO IT APPEARS THAT IF THAT LOT WAS SPLIT INTO TWO YES.
THE LOT SIZE WOULD MEET THE MINIMUM OF 20,000 SQUARE FEET REQUIRED IN RESIDENTIAL ZONING.
SO THE VARIANCE IS FOR THE 100, THE FRONTAGE SETBACK? CORRECT.
SO ESSENTIALLY WE'RE MAKING SOMETHING THAT'S INCORRECT.
BASICALLY, WE'RE TURNING SOMETHING WHERE THERE'S TWO HOUSES ON ONE PIECE OF PARCEL, ON ONE PARCEL INTO SOMETHING THAT'S ONE PER, THESE ARE MORE COMPLIANT WITH THE ZONING.
YOU COULD ARGUE THAT THESE ARE MORE COMPLIANT WITH THE ZONING ORDINANCE AS A RESULT.
ANOTHER QUESTION, I KNOW WE GOT, RYAN HAS SIGNED UP TO SPEAK.
IF YOU WOULD LIKE TO SHARE YOU, CAN YOU GIVE US YOUR NAME, FULL NAME? RYAN DEAN.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH ON MATTERS THAT ARE SET BEFORE US? I DO.
UM, TO BE HONEST, I DON'T KNOW WHAT I CAN ADD TO WHAT MR. JONES SAID THERE, BUT IF YOU HAVE ANY QUESTIONS, UM, THEY FULLY FUNCTION AS TWO PROPERTIES NOW, SEPARATE SEPTICS, SEPARATE ELECTRIC, UH, THE SHED WOULD BE DEEDED TO THE, THE SMALLER HOUSE TO THE RIGHT HAND SIDE.
UM, YOU SAW THE LITTLE LINE JUST GOES AROUND THAT, SO IT'D BE A SHARED DRIVEWAY.
UH, RIGHT NOW THERE IS ONE WELL ON THE PROPERTY, IF THIS IS GRANTED A SECOND WELL WOULD BE DUG FOR THE PROPERTY TO THE RIGHT HAND SIDE.
OTHER THAN THAT, IT'S, YEAH, IT'S GOT SEPARATE MAILING ADDRESSES, EVERYTHING FUNCTIONS AS TWO SEPARATE PROPERTIES.
JUST HARD TO INSURE AND MAKES CUTTING THE GRASS ROUGH.
MAKES ANY QUESTIONS FOR? OKAY.
ARE WE READY FOR A MOTION? I MOVED AKIMA COUNTY VOTERS ZONING APPEAL, APPROVE VARIANCE 0 0 0 1 3 7 DASH 2 0 2 5, A VARIANCE OF 47 FEET AND 10 FEET FROM THE 100 FOOT FRONTAGE REQUIREMENTS PURSUANT TO ACKERMAN COUNTY CODE 1 0 6 DASH 82 FOR TAX MAP NUMBER 84 B DASH A DASH 22 WITH THE FOUR CONDITIONS RECOMMENDED BY STAFF.
THE NEXT, THE NEXT STEP IS GET IN TOUCH WITH YOUR SURVEY AND A GOOD DAY.
EXCUSE ME, MR. CHAIRMAN, CAN I NEED TO TAKE A REST BREAK? POSSIBLE? WE, YEAH, WE CAN TAKE FIVE MINUTES.
WE'LL, WE'LL TAKE A, I'VE BEEN DOING THIS FOR MANY YEARS AND IT'S NEVER HAPPENED BEFORE.
THAT, THAT'S WHY I NEED THE SAME BREAK.
RECOMMEND YOU TAKING OUT I NEED IT.
I GOT STILL PLANNING COMMISSION STUFF.
MY BREAK NEVER IS, I NEVER GET A BREAK.
AND, UH, NOW IT'S APPROVAL LETTERS AND REMEMBERING WHICH ONES NEED TO BE REFERRED.
I'M HERE IN TWO YEARS AND THAT'S REASONABLE.
[01:20:08]
DAY AFTER THAT, THE ISSUE IS THE, LIKE I'VE GOT THEM IN MY, IN MY QUEUE IS LIKE SITE INSPECTION.LIKE IT'S NOT GONNA, LOT OF THESE ARE GONNA, I MEAN, I DON'T KNOW IF IT'S, THEY HAVE AN OLD ONE ON THE BACK OF THE PROPERTY AND A NEW LOOKING HOOKED UP TO THE HOUSE.
ALL IT TOOK WAS ONE PERSON TO ASK.
NOBODY WANTED TO BE THE PERSON TO ASK.
A LOT OF VERY GRATEFUL PEOPLE IN THIS ROOM.
ARE WE READY TO RECONVENE?
UH, THIS IS, UH, SUSE 1 44 DASH 2025.
AND, UH, VARIANCE ONE 17 DASH 2025.
AND AGAIN, THIS IS AN ACCESSORY DWELLING WITH VARIANCES.
THE PROPERTY OWNER IS A SHORE LIVESTOCK, LLC.
THE LOCATION IS A 2 6 6 7 2 AND 2 6 6 7 8.
TAX MAP NUMBER IS, UH, 69 DASH A DASH 54.
UH, THE ACREAGE IS, UH, 59 ACRES.
UH, THE ZONING IS AGRICULTURAL AND THE REQUEST FOR AN ACCESSORY DWELLING.
THE FUTURE LAND USE RECOMMENDATION IS AGRICULTURAL.
UH, THE CURRENT AND PROPOSED USES ARE, UH, UH, RESIDENTIAL AND AGRICULTURAL.
UM, THIS REQUEST IS TIED TO A PROPERTY THAT HAS A POULTRY FARM ON IT.
ADJACENT ZONINGS ARE AGRICULTURAL AND ADJACENT USES ARE RESIDENTIAL AND AGRICULTURAL.
GIVEN THE, UM, THE POULTRY FARM, UH, PLANS, ELEVATIONS, THIS IS THE SITE, UH, ZONED AGRICULTURAL FUTURE LAND USE IS ALSO AGRICULTURAL, UH, FLOOD.
IT'S NOT IN A FLOODPLAIN AND IT IS NOT IN THE RPA.
UM, THESE ARE SOME PICTURES OF THE SITE.
THIS IS, UM, BERRY ROAD GOING TOWARDS THE HIGHWAY.
THIS IS BARRY ROAD, LIKE GOING BACK TO BLOCKS.
UM, IT'S A VDOT MAINTAINED SECONDARY ROAD.
UM, PICTURE ON THE LEFT IS, UH, MANUFACTURED HOME.
NUMBER TWO THAT WE'RE GONNA GET VARIANCE FROM.
UM, THIS SINGLE WIDE IS THE FIRST STRUCTURE, UH, THE FIRST DWELLING ON THE PROPERTY.
UM, THIS IS THE SITE PLAN, UM, SHOWING A SINGLE WIDE, DOUBLE WIDE, UM, BEING 88 FEET FROM THE, UH, PROPERTY LINE.
UM, THE DISTANCE BETWEEN THEM IS, UH, 13 FEET FOUR INCHES.
SO THEY'RE FAIRLY CLOSE TOGETHER.
UH, DWELLING ACCESSORY MEANS A SUBORDINATE DWELLING UNIT LOCATED ON THE SAME LOT OCCUPIED BY THE MAIN DWELLING UNIT, AND IS DETACHED FROM THE MAIN DWELLING UNIT.
ACCESSORY DWELLINGS MAY BE MANUFACTURED HOMES AS DEFINED HEREIN.
NO ACCESSORY DWELLING MAY EXCEED 1200 SQUARE FEET IN FLOOR AREA.
UM, SO WE'RE GONNA START WITH THE SPECIAL USE PERMIT CONSIDERATION.
UH, NUMBER ONE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL, UH, CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
THE RESIDENTIAL USE IS CONDITION IS CONSISTENT WITH OTHER USES IN THE AREA.
NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
OVERHEAD UTILITIES ARE ON BERRY ROAD.
BERRY ROAD IS A STATE MAINTAINED ROAD.
UH, NUMBER THREE, WHETHER THE PROPOSED USE WILL CREATE AND FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, NO DETRIMENTAL EFFECTS TO THE COMMUNITY ARE ANTICIPATED.
UH, NUMBER FOUR, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS, UH, NO ADVERSE IMPACT IS ANTICIPATED.
THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS.
UH, NUMBER FIVE, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
THE LOCATION OF THE MANUFACTURED HOME IS TOWARD THE FRONT CENTER OF THE PARCEL.
THE LOCATION OF THE MANUFACTURED HOME IS NOT NEAR ANY ADJOINING OWNERS.
UM, NUMBER SIX, WHETHER PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
[01:25:01]
UH, THE USE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.UH, NUMBER SEVEN, WHETHER PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS, ACCESSORY DWELLINGS ARE ALLOWED BY SPECIAL USE PERMIT.
THE DWELLING ALSO REQUIRES MULTIPLE VARIANCES, WHICH IS ALSO A PART OF THIS APPLICATION.
UH, NUMBER EIGHT, WHETHER GRANTED 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.
NOW WE MOVE ON TO THE VARIANCE PART OF THIS APPLICATION.
UH, NUMBER ONE, STRICT APPLICATION, UNREASONABLE RESTRICTION VERSUS ALLEVIATING HARDSHIP FROM A PHYSICAL CONDITION.
THERE ARE MULTIPLE LOCATIONS THAT THE STRUCTURE CAN BE PLACED THAT WOULD MEET THE ZONING ORDINANCE.
IT IS THE APPLICANT'S CHOICE OF PLACEMENT AND SIZE SUCH THAT MULTIPLE VARIANCES ARE REQUIRED.
UH, NUMBER TWO, UH, GOOD FAITH ACQUISITION, UH, NOT A SELF-CREATED HARDSHIP.
THE PROPERTY WAS REQUIRED IN 2013 THROUGH AN ARMS LENGTH TRANSACTION BY PLACING THE MANUFACTURED HOME IN CLOSE PROXIMITY TO THE OTHER DWELLING.
THE APPLICANT HAS CREATED A HARDSHIP.
UM, THIS, UH, NUMBER THREE SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.
THE LOCATION OF THE STRUCTURE IS NOT OF SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTY OWNERS.
ALL A VARIANCE IS REQUIRED FOR SETBACKS.
THAT VARIANCE IS SPECIFIC TO THE POULTRY FARM ORDINANCE.
THE FRONT SETBACK WOULD COMPLY WITH NORMAL AGRICULTURAL REGULATIONS.
UM, SO JUST TO PIGGYBACK OFF OF THAT, UM, WE DO HAVE A POULTRY FARM ORDINANCE THAT HAS DIFFERENT SETBACK REGULATIONS.
UM, THE WAY THAT IT READS TO ME IS NO PART OF THE POULTRY FARM OPERATION PART.
PART OF THE POULTRY FARM APP APPLICATION, OR EXCUSE ME, LEMME START OVER.
NO PART OF THE POULTRY FARM OPERATION SHALL BE LESS THAN 200 FEET FROM ANY PROPERTY LINE.
THIS, UM, MANUFACTURED HOME IS WITHIN 200 FEET OF THE PROPERTY LINE AS SET IN THE POULTRY FARM ORDINANCE, WHICH IS WHY THEY NEED A VARIANCE FOR THAT PART.
UH, NUMBER FOUR, GENERAL OR RECURRING NATURE TO AMEND ORDINANCE TO ALLEVIATE SITUATION.
THE SITUATION IS NOT OF A GENERAL, A GENERALLY RECURRING NATURE.
THE NATURE OF THE VARIANCE IS SPECIFIC TO THIS CASE.
UH, NUMBER FIVE, WILL THE USE RESULT IN A USE NOT OTHERWISE PERMITTED SLASH RESOLVING OF THE PROPERTY? UM, NO ACCESSORY DWELLINGS ARE ALLOWED BY SPECIAL USE PERMIT, WHICH IS PART OF THIS APPLICATION.
UM, AND THEN NUMBER SIX IS THE REMEDY SOUGHT AVAILABLE THROUGH SPECIAL EXEMPTION.
UM, AND THE ANSWER THERE IS NO ALTERNATIVE IS AVAILABLE TO HANDLE THIS REQUEST.
TRANSPORTATION STREETS, UH, BERRY ROAD IS A STATE MAINTAINED SECONDARY ROAD, UM, ENVIRONMENTAL.
THERE ARE NO ENVIRONMENTALLY SENSITIVE AREAS NEAR THE SITE.
UM, THE APPLICANT HAS PLACED A NEW MANUFACTURED HOME ON THE SITE PER, UH, BUILDING PERMIT BLDR 20 DASH 2019.
THIS PERMIT WAS ISSUED AS A REPLACEMENT FOR A SINGLE Y OF THAT IS ALREADY ON SITE.
UM, A CERTIFICATE OF OCCUPANCY WAS ISSUED FOR THE NEW MANUFACTURED HOME.
HOWEVER, GIVEN THAT IT WAS SUPPOSED TO BE A REPLACEMENT FOR THE SINGLE Y THE SINGLE Y WAS SUPPOSED TO BE GONE.
SO NOW WE HAVE A SITUATION WHERE WE HAVE TWO HOMES.
UM, THE APPLICANT HAS DECIDED TO TRY AND KEEP THE EXISTING SINGLE WIDE AND THE NEW MANUFACTURED HOME ON THE PROPERTY.
UM, THE APPLICANT NEEDS BOTH A SPECIAL USE PERMIT AND MULTIPLE VARIANCES FOR THE LOCATION AND SIZE OF THE MANUFACTURED HOME.
UM, THE APPLICANTS HAVE PLACED THE MANUFACTURED HOME SUCH THAT IT NEEDS A VARIANCE.
STAFF RECOMMENDS APPROVAL OF SUSE 1 44 20 25 BASED ON SIZE OF THE PARCEL AND LOCATION OF THE STRUCTURE NOT BEING CLOSE TO ADJACENT PROPERTY LINES.
UH, STAFF FOR THE VARIANCE PART, STAFF DOES NOT MAKE RECOMMENDATIONS ON VARIANCES.
HOWEVER, THE APPLICANT HAS NOT MET THE REQUIRED BURDEN FOR THE VARIANCES.
AGAIN, COUPLED THE ANSWERS TO THE VARIANCE QUESTIONS WERE NO.
UM, SHOULD THE BCA APPROVE THE SPECIAL USE PERMIT AND THE VARIANCES, THE STAFF RECOMMENDS THE FOLLOWING FOUR CONDITIONS, UH, CONDITION ONE, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VIRGINIA DEPARTMENT OF HEALTH AND VIRGINIA DEPARTMENT OF TRANSPORTATION REQUIREMENTS.
UM, NUMBER TWO, THE AMENDMENTS TO THE BUILDING APPLICATION SHALL BE CONSISTENT WITH THIS APPLICATION.
UH, NUMBER THREE, THE SITE SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE SPECIAL USE PERMIT IS ACTIVE.
AND NUMBER FOUR, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE INSPECTIONS OF THE SITE AT ANY TIME WHILE THE SPECIAL USE PERMIT IS ACTIVE.
THIS, THESE ARE THE RECOMMENDED MOTIONS FOR THE SPECIAL USE PERMIT AND THE VARIANCES.
AND, UH, I CAN ANSWER ANY QUESTIONS.
UM, THERE ARE ALSO, UM, THE APPLICANT IS ALSO HERE.
[01:30:01]
WELL, CLEARLY YOU SAID THAT THE UNDERSTANDING AT THE GET GO WAS TO THAT THE MANUFACTURED HOME WAS PUT UP AND THAT THE, THE MOBILE HOME WAS TO BE REMOVED.AND, UM, MOBILE HOME, THE, THE SINGLE WIDE WAS NOT REMOVED.
UM, NOW USUALLY HOW WE WOULD HANDLE THAT IS WE WOULDN'T ISSUE A CERTIFICATE OF OCCUPANCY.
HOWEVER, THE SITUATION, CERTIFICATE OF OCCUPANCY WAS ISSUED.
UM, HOW WE WOULD HANDLE THAT NOW IS WE WOULD, WE WOULD HAVE TO DO A PERMIT OF SOME TYPE AS A PAPER TRAIL BASICALLY.
UM, PLUS THERE ARE, AGAIN, FIRE CODE THINGS THAT HAVE TO BE DEALT WITH.
SO A NEW, UH, BUILDING PERMIT APPLICATION WOULD HAVE TO BE FILED TO MAKE SURE WE WE MEET THOSE, UM, THOSE REQUIREMENTS.
UM, ALSO IN THAT ARE QUESTIONS ABOUT WELL AND SEPTIC.
UM, CAN THE SEPTIC HANDLE TWO HOUSES? MM-HMM
I, I WOULD ASSUME THE ANSWER TO THAT IS YES, BECAUSE YOU HAVE A POULTRY FARM BEHIND IT.
HOWEVER, THAT'S A DECISION THAT THE HEALTH DEPARTMENT WOULD HAVE TO MAKE, WHICH IS WHY WE WOULD DO THE APPLICATION.
SO WOULD IT BE CORRECT TO SAY THAT THERE WAS A DEAL THAT WAS NOT HONORED? THAT'S CORRECT.
NOW WE ARE, WE'RE DOING AN AFTER THE FACT TO TRY AND, UH, ALLEVIATE IT BASICALLY A SITUATION THAT WAS CREATED BY THE APPLICANT.
DO YOU HAVE ANY OTHER QUESTIONS FOR PAUL? CAN YOU, YOU KNOW, THE DEAL'S A DEAL, RIGHT? WELL, I WOULD SAY THAT, UM, THIS IS SOMETHING THAT IS REQUESTED FROM TIME TO TIME IF YOU'RE REPLACING A RESIDENCE.
SO IT'S NOT, I, I DON'T WANT TO MINIMIZE IT OR MAXIMIZE IT, BUT IT, IT IS SOMETHING THAT'S FAIRLY ROUTINE THAT WE WOULD ALLOW THE PRESENT HOUSE TO REMAIN WHILE THE NEW HOUSE IS BEING BUILT.
AND THEN AT LEAST NOW WHAT WE WOULD DO IS BEFORE THE CERTIFICATE OF OCCUPANCY IS, IS ISSUED FOR THE NEW HOUSE, THAT THE, THAT THE OLD HOUSE WOULD BE DEMOED OR WE WOULD HAVE A PROVISION IF THERE'S AN EXTREME HARDSHIP THAT WOULD THEN MAYBE 60 DAYS OF THE CO THE OLD HOUSE WOULD BE DEMOED.
UM, SO, UH, THEY, UH, I WOULD SAY THIS IS, I GUESS THE BEST WAY TO PUT IT IS THIS IS A VERY TYPICAL AFTER THE FACT PERMITTING PROCEDURE THAT YOU SEE ON A REGULAR BASIS, NO BETTER, NO WORSE, UM, OF SOMETHING THAT SHOULD HAVE BEEN DONE, WASN'T DONE.
AND NOW THEY'RE TRYING TO GET PERMISSION.
SO I DON'T SEE THIS AS A PARTICULAR BETRAYAL OF THE ORIGINAL DEAL.
BUT AGAIN, IT'S, IT ISN'T AFTER THE FACT.
THAT OBVIOUSLY SHOULD BE LOOKED AT PROBABLY MORE CLOSELY.
JUST AS Y'ALL LOOK AT ALL AFTER THE FACTS CLOSELY, WE, WE, WE DID HAVE ONE PERSON SIGNED UP TO SPEAK.
HI, MY NAME IS, UH, YEAH, MY NAME IS JOHN SCHNEIDER.
UM, I'M A RESIDENT OF AKIMA COUNTY.
I'M OWN PROPERTY ADJACENT TO THIS PROPERTY HERE.
JOHN, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH ON THE MATTERS BEFORE I DO.
WHAT WOULD YOU LIKE TO SHARE WITH ME, JOHN SCHNEIDER.
ADJACENT PROPERTY OWNER, EXCUSE ME, TOGETHER, UM, MY PRIMARY INTENT TO BE HERE IS I, ONE, I APPRECIATE THE FACT THAT I WAS NOTIFIED FROM THE, UH, BOARD OF PLANNING, UM, THAT THIS, UH, APPLICATION WAS GOING TO, WAS GOING FORWARD.
UM, I BUILT SEVERAL HOUSES IN AKIMA COUNTY AS A RESIDENT.
AND I'VE ALWAYS HAD TO GO THROUGH THE APPLICATION PROCESS, UH, BEFORE I PROCEEDED WITH CONSTRUCTION.
AND I HAVEN'T DONE A MANUFACTURED HOUSE.
BUT THE FACT THAT I QUESTIONED THE FACT, THIS IS AFTER THE FACT, AS THE ATTORNEY BROUGHT UP, THIS IS AN AFTER THE FACT APPLICATION, AND I'M HERE, NUMBER ONE TO QUESTION WHY IT'S AN AFTER THE FACT APPLICATION IN THE SENSE THAT WE NOW HAVE TWO HOMES ON THIS POULTRY FORM, AND THE APPLICATION NOW IS TO PROVIDE TOO FAR TWO HOMES ON THIS WITHOUT AN APPLICATION TO BEGIN WITH.
DOES THAT, DOES THAT MAKE SENSE? AM I, AM I MAKING THAT CLEAR ENOUGH? IS SO THERE WAS A DEAL, LIKE HE SAYS THERE WAS A DEAL THAT
[01:35:01]
I GUESS ONE OF THE HOMES IS GOING TO BE REMOVED AND ANOTHER HOME WAS GONNA REPLACE IT.BUT NOW, AFTER THE FACT, WE'RE GONNA HAVE TWO HOMES ON THIS POULTRY FARM.
I HAVE AN OBJECTION TO THAT IN THE SENSE THAT MAYBE EVEN AS A PRECEDENT, I DON'T KNOW WHETHER I'M ALLOWED TO SAY AS A PRECEDENT, BUT YOU CAN'T JUST AFTER THE FACT COME IN AND PUT DOWN A HOUSE, I OWN PROPERTY RIGHT NEXT TO THAT, WHICH IS 16 ACRES.
I CAN'T PUT DOWN A HOME, COME BACK AND AFTER THE FACT PROVIDE THE APPLICATION FOR THE HOME.
SO I AM SOMEWHAT OBVIOUSLY, SOMEWHAT CONCERNED ABOUT THAT BEING A PRECEDENT IN GENERAL ABOUT THE ZONING REGULATIONS.
NOW, THE VARIANCES AND THE, UH, FOR PUTTING THAT SECOND HOME NEXT TO THE FIRST HOME ARE PRETTY SEVERE.
I MEAN, 13 FOOT WHERE THE ZONING VARIANCE OR ZONING, THE, THE ORDINANCE SAYS 140 FOOT.
NOW IT'S 13 FOOT FOR THESE TWO.
I DO THINK THAT THERE IS A PROCESS IN THE COUNTY AND THE PLANNING DEPARTMENT CAN MAKE, CAN RESPOND TO THAT FOR IF YOU WANTED ANOTHER RESIDENCE ON THAT 60 ACRES THAT YOU CAN APPLY EITHER THROUGH A FAMILY OR IS THAT NOT TRUE? CAN YOU, THERE'S NOT A WAY TO SUBDIVIDE ONE ACRE OFF OF A AGRICULTURAL PROPERTY THROUGH, UM, SOME PROCESS.
IS THAT, IS THAT NOT TRUE? UM, YOU CERTAINLY COULD.
THERE ARE ALWAYS COMPLICATIONS, BUT IT'S CERTAINLY POSSIBLE IN THIS CIRCUMSTANCE.
I MEAN, YOU'D HAVE TO SET BACK ISSUES AND ALL SORTS OF THANK YOU.
SO, SO, UH, I THINK IT, OBVIOUSLY IT'S GONNA BE VERY DIFFICULT TO ENFORCE, UH, EITHER REMOVAL OF THE SECOND HOME.
I MEAN, EVEN IF, IF A FAMILY MOVES IN THERE, IF IT APPROVES AS ACCORDING TO THE PLANNING DEPARTMENT APPROVES THIS AND A FAMILY MOVES IN THERE, YOU'RE NOT GONNA BE ABLE TO MOVE THE FAMILY OUT AND JUST REMOVE THE HOUSE BECAUSE OF YOUR ENFORCING THE REGULATIONS THAT ARE IN PLACE.
UM, SO I AM, I WOULD SUGGEST THAT THAT DEAL OF THE SECOND HOME BEING REMOVED AND THEN GOING THROUGH THE PROPER PROCESS TO PUT A SECOND HOME ON THAT PROPERTY, WHETHER IT'S THROUGH WHAT THE ATTORNEY SAYS OR, UH, RESUBMITTING SOME APPLICATION THAT SAYS, YES, YOU CAN PUT TWO HOMES ON A POULTRY FARM, UH, IF IT APPLIES TO THE PROPER VARIANCE.
IS THAT, IS THAT CLEAR? I MEAN, IT'S A TOUGH DECISION.
I NO, I, THAT DEAL WAS MADE, IT WAS A, AFTER THE FACT DECISION, AND I EXPECT TO APPLY OR, UH, EXPECT RESPECT TO APPLY WITH THE, A, THE, THE REGULATIONS FOR THE COUNTY WHEN I PUT A HOME ON THE PROPERTY NEXT DOOR, WHEN AND IF, AND I WOULD EXPECT THEM TO DO LIKEWISE, WHICH THEY HAVE, I THINK, CIRCUMVENTED IN A WAY THAT EITHER THERE WAS NEGLIGENCE BY THE DEPARTMENT OF PLANNING AND I'M NOT SURE HOW THAT CAN HAPPEN.
OR BY THE OWNER HIMSELF WHO ALREADY HAS GONE THROUGH AN APPLICATION TO PUT A HOME ON THAT PROPERTY.
SO HE KNEW THE PROCESS OF APPLYING FOR A HOME ON A PROPERTY.
DOES THAT, DOES THAT, UH, SO I RHETORICALLY ASK WHO, WHOEVER DOES THAT NOT MAKE SENSE? I, I AM DISAPPOINTED THAT THERE ARE NOT OTHER NEIGHBORS HERE THAT ARE RESPONDING THE SAME WAY I AM.
BUT THAT'S, YOU KNOW, NOT BEYOND MY CONTROL.
AND WOULD YOU, UH, STATE WHAT YOUR POSITION IS? SO EVERYONE, THANK YOU.
PAUL WATSON, UH, DEPUTY DIRECTOR OF CODE ADMINISTRATION.
UM, HAVING GIVEN JUST A FEW MINUTES THOUGHT, MAYBE GIVE A LITTLE BETTER ANSWER TO YOUR QUESTION, I WOULD JUST, UH, SAY THAT OBVIOUSLY THIS, AT LEAST IN MY MIND, WOULD BE TREATED AS IF IT'S, UH, APPLICATION THEY WOULD'VE MADE BEFORE THE FACT.
OBVIOUSLY THEY DON'T GET ANY CREDIT FOR HAVING TWO HOUSES THERE THAT ARE EXISTING.
UM, THE QUESTION IS, WOULD THIS HAVE BEEN GRANTED IN THE FIRST PLACE IF THEY REQUESTED AN SUP BEFORE THE NEW CONSTRUCTION BEGAN? UM, AND, UH, AND OBVIOUSLY DIDN'T EVEN HAVE TO MAKE A DEAL WITH US BECAUSE THEY WOULD'VE GOTTEN PERMISSION FROM THE GET GO APPLICANT.
THE, THE APPLICANT IS HERE BUT DIDN'T SIGN UP.
SO DO THEY GET, STILL GET THIS? YES.
IF MY NAME IS MOHAM
ON ALL THE MATTERS BEFORE? YES SIR.
I'M A FRIEND OF ALI WAN WHO OWNS THAT PROPERTY, YOU KNOW,
[01:40:01]
NOT WHEN HE BOUGHT THAT FARM.HE GOT THAT, UH, SINGLE WHITE, YOU KNOW, FOR THE PORT WORKERS WHERE THEY CAN SIT DOWN AND EAT LUNCH AND STUFF AND THIS AND THAT, YOU KNOW, AND THEN AT THE TIME, I'M JUST NOT JUSTIFYING ANYTHING.
I'M JUST EXPLAINING WHAT ACTUALLY HAPPENED.
YOU KNOW? SO HE HAD, WE HAD A FRIEND WHO WAS RUNNING THE FARM.
HE ASKED HIM THAT HE WANTS TO PUT A, PUT A PUT A DOUBLE WHITE WITH HIS OWN MONEY, YOU KNOW, AND HE'S GONNA GO THROUGH THE COUNTY AND EVERYTHING.
AND WE SAID, FINE, YOU KNOW, AND I DON'T KNOW WHAT HAPPENED, YOU KNOW, LIKE THERE WAS A COMMITMENT MADE AND THEN IT WAS NOT, NOT KEPT, YOU KNOW, I MEAN IT WAS, UH, I MEAN WE HAVE MULTIPLE FARMS IN THIS COUNTY, YOU KNOW, I MEAN, YOU'LL NEVER SEE ANY COMPLAINTS BREAKING LAW OR ANYTHING, YOU KNOW? I MEAN, AND EVEN THIS CASE IS THE SAME THING.
THE OTHER TRAILER YOU'LL SEE IS OWNED BY SOMEBODY ELSE.
IT'S NOT, YOU KNOW, WITH A FRIEND OF MINE, I STARTED THAT WE, I MEAN, BECAUSE THE OWNER, HE GOT INTO THIS SITUATION BECAUSE HE ALLOWED HIS FRIEND, YOU KNOW, TO PUT A TRAILER.
UM, AND HE DIDN'T FOLLOW THE LAW.
BUT I DEFINITELY NEED THAT TRAILER FOR MY EMPLOYEES BECAUSE, FOR THE WORK, BECAUSE THERE ARE CHICKENS WHO WERE GOING IN THE MIDDLE OF THE NIGHT AND THE OTHER PLACES, YOU KNOW? AND I DON'T KNOW, I MEAN, THE GENTLEMAN HERE, HE, HE OPPOSES EVERYTHING AGAINST CHICKEN HOUSES, YOU KNOW WHAT I MEAN? I THINK HE'S THE ONE WHO HAS PLANES, YOU KNOW WHAT I MEAN? AND HE SAYS, CHICKEN HOUSES, YOU CAN GO INTO A PLANE AND ALL THAT, YOU KNOW, BUT WE EXPLAINED YOU THE SITUATION THAT WHAT WENT THROUGH AND WE ARE HERE TO FIX IT, YOU KNOW WHAT I MEAN? HE TELL US HOW WE CAN DO AND WE'LL TRY TO DO THAT.
I GREW ALL THE CORN I GROW YES, SIR.
GOES TO THE POULTRY INDUSTRY HERE ON THE DEL MARVA PENINSULA.
IN A PREVIOUS LIFE I GREW TOMATOES.
BY DEQ, THE LOCAL HEALTH DEPARTMENT FEDERAL WAGE AND HOUR.
SO I'M WELL AWARE OF COMPLIANCE.
AND WHAT'S INVOLVED IN THIS? OFTEN WE HAVE DONE, UH, ARRANGEMENTS LIKE THIS.
SO YOU WANT TO BUILD A HOUSE, YOU BUILD A HOUSE ON THE AREA.
THE, THE MOBILE HOME IS THERE UNTIL THE HOUSE IS COMPLETED.
UNFORTUNATELY AT THIS TIME, THE, THE OCCUPANCY PERMIT WAS ISSUED BEFORE THE REMOVAL OF THE HOUSE.
MY OPINION IS, IS THAT WHOEVER BUILT THE HOUSE WAS AWARE OF THAT.
AND THEY DIDN'T MOVE THE TRAILER.
SO IF YOU, IF YOU MADE, YOU KNOW WHAT I OF COURSE, YES.
SO I, THE WAY I LOOK AT IT IS, IS THAT THEY KNEW IT AND THEY SAID, WELL, NOBODY SAID ANYTHING, SO I'M NOT GOING TO DO IT.
UM, THERE WASN'T THE OWNER, BUT, BUT THERE ARE PEOPLE IN THIS WORLD THAT WOULD'VE SAID, OKAY, I AGREED TO MOVE THE TRAILER.
NOBODY TOLD ME TO MOVE IT, SO I'M GOING TO MOVE IT.
WHILE I'M THINKING ABOUT IT, I, I KNOW YOU'RE FARMING OPERATIONS.
AND YOU'VE RECEIVED AWARDS FROM SOIL AND WATER.
I I I KNOW THAT, BUT THE WAY I LOOK AT IT IS THERE WAS AN ARRANGEMENT MADE BY SIR, THE COUNTY, SIR.
THE TRAILER RIGHT NOW IS COMPLETELY OFF KILTER WITH THAT.
AND THE, THE INTENT WAS TO, TO, FOR IT TO NOT BE THERE.
THERE'S, I I, I CAN'T ANSWER THE QUESTION.
AND THERE'S LOTS OF ROOM THERE.
AND, UH, PERSONALLY I THINK THE, THE ORIGINAL SITUATION NEEDS TO BE HONORED.
YOU KNOW, I KNOW YOU NEED THE PEOPLE.
AND YOU NEED THE HOUSING FOR THE PEOPLE.
BECAUSE I, I KNOW WHAT IT'S LIKE.
TO HAVE THE PEOPLE AND TO HOUSING FOR PEOPLE.
AND TO COMPLY WITH THESE THINGS.
ALRIGHT, SO WE WANT TO MOVE THE TRAILER.
THERE'S, THERE'S LOTS OF LAND THERE.
[01:45:01]
ONE PARCEL, YOU CAN'T HAVE MORE THAN TWO ON ONE OR YES.AND IT CAN BE AN ACCESSORY 140, 50 FEET AWAY.
SO REGARDLESS OF THE VARIANCES, HE WOULD NEED A SPECIAL USE PERMIT.
IT'S MULTIPLE DWELLING OR IT'S MULTIPLE DWELLINGS ON A SINGLE PARCEL.
UM, IF WE GO BACK TO THE, UM, AS WE CAN SEE ON THIS, ON THIS MAP, UM, IT'S A, IT'S AROUND, IT'S A LITTLE LESS THAN 60 ACRES.
UM, THERE IS POTENTIAL THAT IT COULD GO SOMEWHERE ELSE ON THE PROPERTY MM-HMM
UM, WHERE IT WOULD NOT NEED A VARIANCE.
I MEAN, THAT'S, YOU KNOW, THAT'S ALSO PART OF THE VARIANCE, YOU KNOW, PART OF THE VARIANCE QUESTIONS.
BUT, BUT MY POINT IS, IS THAT THE COUNTY IN GOOD FAITH, GRANTED MM-HMM
WITH THE UNDERSTANDING THAT THE MOBILE HOME WAS GONNA BE MOVED.
AND, AND IF IT WAS ME OR, OR SHALL WE SAY, IF IT WAS AN INDIVIDUAL THAT RECOGNIZED AND RESPECTED AUTHORITY WOULD'VE SAID, OKAY, IT'S MY JOB TO REMOVE IT.
AND EVEN IF THE COUNTY DIDN'T SAY, YOU GOTTA MOVE IT, IT'S A MATTER OF RESPECT AND HONOR TO WELL, THAT, TO, TO MEET THAT, EVEN THOUGH THE COUNTY MAY HAVE HAD A, A, A MISSTEP, SHALL WE SAY, INSTEAD OF A TRAILER PARKED AT A PERPENDICULAR ANGLE TO THE HOUSE.
AND, UH, YOU KNOW, UH, I, THAT THAT'S IT.
I MEAN, IT, IT COULD BE THERE.
I'M JUST SAYING THAT THERE WAS A, THERE WAS AN ARRANGEMENT MADE THAT WAS NOT HONORED.
SOMEBODY HAD TO KNOW ABOUT IT AND IT WAS NOT HONORED.
BUT RIGHT NOW WE'VE GOT AN UNACCEPTABLE SITUATION THAT THE COUNTIES, YOU KNOW, DO, DO, YOU KNOW, WHATEVER THE WORKAROUND IS, YOU KNOW, GO AHEAD.
I, I WOULD SAY JUST TO ADD, THEY, IF THEY STILL WOULD NEED A VARIANCE FOR THE SIZE TOO, AS, AS WELL AS THE LO LOCATION MM-HMM
IF THEY WERE GRANTED AN SUP FOR A SECOND ACCESSORY DWELL UNIT ON THE PROPERTY, THEY WOULD STILL NEED A VARIANCE RIGHT THERE.
THE MANUFACTURER HOME'S STILL OVER 1200 SQUARE FEET.
UM, IT, IS IT POSSIBLE TO HANDLE THAT NOW INSTEAD OF HAVING THEM FILE THE PAPERWORK AND COME BACK THAT WE, THAT THEY GOTTA MOVE IT, THAT, THAT MOBILE HOME, UM, YOU KNOW, IF YOU'RE PROPOSING TO DENY ALL VARIANCES OTHER THAN THE SIZE AND TO GRANT THE SUP, I DO THINK THAT IS SOMETHING THAT CAN BE DONE TODAY.
THAT'S, AND, AND, AND ONE OF THE CRITERIA IS THAT THE MOBILE HOME HAS TO BE MOVED.
UM, YOU KNOW, YOU KNOW, WHETHER IT'S OLD SCHOOL OR WHAT A DEAL'S A DEAL, YOU KNOW, SO THE, THESE AND THE COUNTY UNDERSTOOD THAT THAT MOBILE HOME WAS GOING TO BE THERE.
AND WE'VE DONE THIS MANY TIMES BEFORE AND WE'VE HAD MOBILE HOMES, YOU KNOW, PEOPLE WANNA STICK THEM IN THERE AND ALL THAT.
THE, THE ONLY OTHER SOLUTION WOULD BE TO JOIN THE TWO.
WHICH, IF YOU LOAD, WHICH, WHICH CREATES ITS OWN SET OF, WHICH CREATES ITS OWN SET OF THINGS.
WE'VE BEEN, I BEEN THROUGH THAT.
IT'S MORE, IF YOU, IF YOU UNITE THE TWO WHERE IT'S NOT AN ACCESSORY STRUCTURE, THERE'S A WHOLE NOTHER CAN OF WORMS THAT OPEN UP THAT'S MORE OF A BUILDING CODE, MORE OF A BUILDING.
IT GETS MORE INTO BUILDING CODE AT THAT POINT.
I MEAN, YOU KNOW, I'VE BEEN THROUGH THAT, YOU KNOW, BEFORE WE'VE HAD TRAILERS STUCK TOGETHER AND, AND, UH, SO MY OPINION IS, IS THAT THE, THE MOBILE HOME NEEDS TO BE MOVED.
AND, UH, WE, WE CAN MAKE IT HAPPEN.
SO THE WAY THAT I'M, THAT I'M HEARING THIS IS WE WOULD ADJUST THE VARIANCE TO WE'RE NOT ALLOWING THE MINIMUM SEPARATION DISTANCE.
WE WOULD, WE WOULD, WE WOULD, THIS WOULD NOT BE PART OF THE APPROVAL.
WE WOULD STILL BE GIVING THEM A VARIANCE FOR THE SIZE OF THE STRUCTURE MM-HMM
AND FOR, UM, THE, THE SETBACK ISN'T FOR THE MANUFACTURED HOME.
SO BASICALLY WHAT WE'RE SAYING IS SINGLE WIDE HAS TO MOVE.
[01:50:01]
AWAY FROM THE MANUFACTURED HOME.BUT IT WOULD, IT WOULD BE FINE WITH THE REST OF THE, OF, WITH THE REST OF THE VARIANCES.
SO THAT'S HOW WE, THAT'S HOW WE WOULD REWORD THE, THE, UH, THE APPROVAL OR THE, UM, THE, THE MOTION.
I, I THINK I AGREE WITH MR. WATSON.
I THINK THAT'S SOMETHING WE CAN DO TODAY.
WOULDN'T, IT'S NOT TO BE THE 200 FOOT SETBACK.
WELL THAT, THAT, THAT WOULD BE THE WAY, THE WAY THAT THIS IS, THE WAY THAT THIS IS, WE WOULD ALLOW, WE WOULD ALLOW THE VARIANCE FROM THE 200 FOOT SETBACK, BUT IF HE'S SEE THE, THE, WHERE THE, WHERE THE ISSUE ARISES IS WE'RE MOVING, WE'RE MOVING THE SINGLE WIDE.
UM, THE VARIANCE FROM THAT PROPERTY SETBACK COULD CHANGE.
UM, AND YOU KNOW, I, I REALIZE THE NEED FOR, FOR ONSITE HELP, BELIEVE ME, I'M KEENLY AWARE OF THAT.
AND, AND YOU KNOW, IT'S AN AGRICULTURAL AREA.
AND THIS IS, AND, AND, AND MOHAMMED IS A SIGNIFICANT CONTRIBUTOR TO AGRICULTURE IN THIS COUNTY.
AND I GET IT, YOU GOTTA HAVE THESE PEOPLE AROUND THERE AND ON SITE IS, IS MORE THAN JUST A MATTER OF CONVENIENCE.
SO, AND, AND YET I I I, I WANT THE DEAL TO HAPPEN, BUT I FEEL THAT AN ARRANGEMENT WAS MADE.
AND THAT'S THAT, THAT, THAT WE NEED TO MAKE IT HAPPEN.
THAT, THAT, TO FULFILL THAT REQUIREMENT.
SO BASICALLY HOW THIS PRACTICALLY WHAT HAPPENS WITH THE EDITS THAT YOU'VE PROPOSED IS WE WOULD ALLOW, HE COULD MOVE THE SINGLE WIDE, SOMEWHERE ELSE ON THE PROPERTY AND WE WOULD BE GIVING HIM A VARIANCE BASICALLY TO WHERE NO MATTER WHERE HE PUTS IT ON THE PROPERTY, HE COULD BE 88 FEET AWAY FROM THE PROPERTY LINE OR, OR MORE MM-HMM
THAT'S, THAT'S HOW THIS, THIS WOULD END UP SHAKING OUT BECAUSE I MEAN, AS, AS POULTRY OPERATIONS GO, THE, YOU KNOW, THIS IS A WELL-MAINTAINED OPERATION.
AND, AND I KNOW WHAT IT'S LIKE TO, TO GET LABOR AND KEEP LABOR AND HAVE PEOPLE ON SITE FOR THESE THINGS.
YOU KNOW, THESE GUYS GET UP IN THE MIDDLE OF THE NIGHT, YOU KNOW, AND DO THIS.
YOU KNOW, AND, AND, AND, AND THEY DO IT BECAUSE THEY WANT TO.
I, I KNOW WHAT'S INVOLVED, BUT I THINK THAT IF YOU CAN CRAFT IT THAT WAY, WE CAN MAKE IT HAPPEN.
AND I THINK MOHAMMAD WOULD BE MORE THAN WILLING TO NO, NO PROBLEM.
IS THERE ANY WAY WE CAN DEFER THIS TO GET A SITE PLAN SHOWING WHERE THAT SINGLE IS GOING TO BE MOVED WITH SETBACKS BEFORE WE ACTUALLY ACT ON IT? I MEAN, YOU HAVE YEAH.
SO YOU KNOW EXACTLY WHAT WE, YOU KNOW, THE BANNER.
I THINK SHE, SHE'S GOT A GOOD POINT.
YOU KNOW, I, I WANNA MAKE IT HAPPEN AND SHE'S GOT A VERY GOOD POINT BEFORE WE GO OUT LIKE THIS, YOU KNOW, COME UP WITH SOMETHING MORE TANGIBLE TO WORK WITH.
SO, I MEAN, IT'S GONNA COST HIM MONEY TO DO THIS.
I REALIZE THAT AND MONEY'S TIGHT WHENEVER HE COMES THESE DAYS.
BUT, BUT THE, IT IS GOING TO MAKE OR CREATE A MORE ACCEPTABLE SITUATION.
SO I THINK WE GONNA HAVE A MOTION TO DEFER OKAY.
UNTIL WE HAVE, UH, HAVE, HAVE A SITE PLAN.
SECOND, DID YOU MAKE A MOTION, I MAKE A MOTION THAT A, MY COUNTY BOARD OF ZONING APPEALS DEFER THE SPECIAL USE PERMIT AND VARIANCE FOR THIS APPLICATION UNTIL A MORE DETAILED SITE PLAN IS PRESENTED TO SHOW WHERE THE, UH, THING WIDE WE WILL BE REMOVED WITH SETBACKS.
SO WE'LL KNOW EXACTLY WHAT WE ARE ACTING ON.
THAT IS THE END AT THE PUBLIC.
UM, SO THAT'S THE END OF THE CASES.
UH, WITH THE, WITH THE TWO CASES BEING DEFERRED, WE ARE UP TO, I BELIEVE EITHER SIX OR SEVEN CASES FOR THE MONTH OF NOVEMBER.
[01:55:01]
SPECIAL USE PERMITS.WE HAVE, UM, ACCESSORY STRUCTURES WITHOUT A PRIMARY.
I BELIEVE WE'VE GOT AT LEAST ONE RV FOR HABITATION IN THERE.
UM, THINGS OF THAT NATURE ON DECK FOR NOVEMBER.
HAVE ANYTHING ELSE FROM STAFF? THAT'S IT.
UH, THE NEXT MEETING IS SCHEDULED FOR NOVEMBER THE FIFTH, IS THAT CORRECT? YES, SIR.
DO WE HAVE A MOTION FOR ADJOURNMENT? SO MOVED.