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[Board of Zoning Appeals on November 5, 2025.]
EVERYONE.I AM THE ACT CHAIR OF THE ACK COUNTY, UH, BUILDINGS, UH, APPEALS COMMITTEE.
AND, UH, WE CALL TO ORDER OF THE NOVEMBER 5TH MEETING.
UM, WE DO HAVE, UH, A QUORUM, UH, AND AS I SAID, I'M GARY MILLER, AND I'M GONNA ASK THE REST OF OUR MEMBERS IF THEY WOULD INTRODUCE THEMSELVES.
UH, WE'LL START MS. LYNN GALE.
AND SO WE DO, WE DO HAVE, UH, A QUM.
UH, WE DON'T HAVE ANY, UH, ONE WHO'S GONNA BE PARTICIPATING REMOTELY, AND SO WE'LL MOVE PAST THAT.
DO WE HAVE A MOTION TO ACCEPT THE AGENDA AS PRINTED? MAKE THAT MOTION SECOND APPROVED.
UH, HOPEFULLY EVERYONE'S HAD, UH, OPPORTUNITY TO VIEW THE MINUTES FROM THE OCTOBER 1ST MEETING.
UH, AND SO IF THERE ARE ANY COMMENTS OR QUESTIONS, WE'LL DEAL WITH THEM, AND THEN WE'LL HAVE A MOTION TO ACCEPT THE MEETINGS.
IT'S A TYPO, AND I'LL SHARE THAT WITH YOU LATER.
IF THERE ARE NONE OTHERS, DO I HAVE A MOTION? LET WE ACCEPT THE MINUTES AS THERE TOPIC WITH THE NECESSARY CORRECTIONS.
I, I MAKE THAT MOTION MR. SECOND.
UH, WE WANT TO THANK OUR STAFF FOR BEING WITH US TODAY.
AND, AND SO AT THIS TIME, WE'RE GONNA, UH, BEGIN WITH THE DEFERRED CASE, I BELIEVE.
I'M, UH, CODE ENFORCEMENT OFFICER FOR ZONING.
UM, SO THIS CASE IS A, UH, A COMBO CASE.
IT'S A SPECIAL USE, PERMANENT AND A VARIANCE.
UH, THIS WAS A MR. SWAN, UH, AND IT WAS A ACCESSORY DWELLING UNIT WITH SOME VARIANCES THAT WAS ATTACHED TO A, UH, POULTRY FARM.
UH, THE LAST, AT THE LAST MEETING, UH, THE BZA REQUESTED A, UH, A SITE PLAN SHOWING, UH, AN ALTERNATE LOCATION FOR THE SINGLE WIDE.
WE HAVE NOT YET RECEIVED THAT SITE PLAN.
UM, AND WHILE I'M LOOKING AT THE SLIDE, UH, FOR STAFF RECOMMENDING DEFERRAL, UM, I, I WOULD SAY THAT IN, IN LIGHT OF THE SITUATION, I'M PROBABLY GONNA SAY STAY NEUTRAL AND LEAVE IT UP TO YOU GUYS,
I, I THINK WE'RE READY FOR A MOTION ON THAT NOW.
UH, THERE ARE PEOPLE THAT ARE HERE TO TALK ABOUT THE, THE DEFERRED CASE.
I DIDN'T DO A SHEET FOR THEM BECAUSE IT OKAY.
AND SO IT SENDS IN IF YOU WERE INTRODUCE THEM BECAUSE WE DON'T YEAH.
MY NAME'S JOHN SCHNEIDER AND I'M A NEIGHBOR OF, IF YOU JUST WILL, YOU'D LOVE TO.
I WAS HERE AT THE LAST MEETING ABOUT THE SAME SUBJECT PROPERTY.
KIM, CAN WE GET YOU TO, DO YOU PLEASE, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH CONCERNING ALL MATTERS, BUT THE FORCE ON THIS CASE? I DO.
UM, I WAS HERE THE LAST, UH, MEETING BCA MEETING FOR THE SAME SUBJECT PROPERTY.
AND IT CONCERNS, UH, BECAUSE I OWN A CONTINGENT PROPERTY, UM, IT CONCERNS TWO HOMES THAT ARE CURRENTLY BEING OCCUPIED, UH, ALONG MAY, UH, BERRY ROAD, UH, WITH TWO FAMILIES.
AND I HAVE CONFIRMATION, LOCAL CONFIRMATION, THEY'RE BEING CURRENTLY OCCUPIED.
AND, UH, ONE OF THE HOMES WAS ERECTED WITHOUT ANY BUILDING PERMIT WHATSOEVER.
SO SUB SUBSEQUENTLY, THEY WERE, UM, THE ENFORCEMENT INSISTED THEY APPLY FOR APPEAL FOR A BUILDING PERMIT.
WELL, THAT HOME HAS BEEN THERE FOR SEVERAL YEARS AND HAS ALSO BEEN OCCUPIED.
BOTH HOMES HAVE BEEN OCCUPIED FOR SEVERAL YEARS.
UH, THEY, THEY MEET NO ZONING RESTRICTIONS WHATSOEVER AS FAR AS SETBACKS FROM THE, FROM THE ROADS PROPERTY LINE.
THEY BOTH HOMES ARE, THEY'RE 15 FEET APART, WHICH IS VIOLATES ZONING REGULATIONS.
BUT EVEN MORE OF A CONCERN TO ME IS, I BELIEVE, AND I I'M SAYING THIS, BUT I WILL CHECK WITH THE HEALTH DEPARTMENT THAT THE SECOND HOME HOOKED UP
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TO THE, BECAUSE OF ITS PROXIMITY TO THE FIRST HOME HOOK UP TO THE SAME SEPTIC SYSTEM AS THE FIRST HOME.SO WE HAVE TWO FULLY OCCUPIED HOMES, ONE OF WHICH HAS NEVER HAD A BUILDING PERMIT, AND WHICH IS USING THE SEPTIC SYSTEM FOR TWO FAMILIES IN EACH OF THE HOMES, UM, THAT ARE USING THE SAME SEPTIC SYSTEM.
NOW, I, I HAVE NOT CHECKED WITH THE HEALTH DEPARTMENT, AND AS SOON AS I LEAVE HERE, IF, UH, IF CIRCUMSTANCES DICTATE, I WILL GO TO THE HEALTH DEPARTMENT, CONFIRM THAT THEY ARE HOOKED UP TO THE SAME SEPTIC SYSTEM, BUT IN ANY WAY THAT, THAT'S TOTALLY ILLEGAL.
I MEAN, YOU CAN'T, YOU CAN'T HAVE A HOME.
SO I HAVE VERIFICATION HERE WITH NEIGHBORS THAT BOTH HOMES ARE BEING OCCUPIED BY FAMILIES AS OF YESTERDAY OR THIS WEEK, THIS PAST WEEK.
SO I'M HERE TO SEE WHAT THE BOARD OF ZONING APPEALS PROCESS, WHAT ENFORCEMENT THEY ARE ENACTING TO, UH, FOR, TO, TO, UH, FORCE TO PROSECUTE THIS.
I CAN'T BUILD A HOUSE 15 FEET FROM MY CURRENT HOUSE, AND I LIVE RIGHT.
I HAVE PROPERTY RIGHT NEXT DOOR WITHOUT A BUILDING PERMIT AND HOOK UP TO A SEPTIC SYSTEM.
SO IN ANY CASE, UH, I, I PRESENT MY CA PRESENT THAT CASE.
I'M HERE TO SEE WHAT THE B BOARD OF ZONING APPEALS, UH, DECIDES.
AND I HAVE OTHER PEOPLE HERE THAT OTHER NEIGHBORS THAT MAY SPEAK OR MAY NOT.
SO, UM, CAN, AND I CAN, YOU KNOW, YOU KNOW, IF THERE ARE QUESTIONS.
SO YOU'RE GONNA
UM, THESE TWO HOUSES, ARE THEY ANYTHING TO DO WITH THIS PROPERTY WE'RE TALKING ABOUT? YES.
SEE, THEY'RE ON THAT PROPERTY? YES.
I THOUGHT YOU SAID A BUDDING, THEY'RE ON, THEY'RE ON BERRY ROAD.
SO WHAT IS IT? THAT ADDRESS IS OH, I SEE.
2 3, 3 6 3 OR SOMETHING LIKE THAT, I THINK.
AND SO, SO THAT WHAT YOU'RE LOOKING AT IS THE AERIAL OF TWO HOMES THAT ARE WITHIN 15 FEET OF EACH OTHER.
BUT THAT, THAT'S THE SITUATION.
I THINK A LOT OF STATEMENTS WERE MADE THAT NEED CLARIFICATION.
SO WHAT I'LL DO IS, I'LL, I'LL ALSO FOLLOW UP WITH THE HEALTH DEPARTMENT AND SEE IF I CAN GET ANY ANSWER ON THE, THE WELL AND SEPTIC SITUATION.
IT, IT WAS MY UNDERSTANDING THAT THE TRAILER WAS ALLOWED, WAS PUT THERE TO ALLOW CONSTRUCTION OF THE HOUSE.
SO THE, THE SITUATION AS I KNOW IT IS THE SINGLE WIDE WAS THERE FIRST, AND THEN THERE WAS A PERMIT FOR A, UH, DOUBLE WIDE MANUFACTURED HOME, UM, WITH THE CONDITION THAT THE SINGLE WIDE WAS GOING TO BE REMOVED BEFORE THE CO WAS ISSUED.
UNFORTUNATELY, THE CO WAS ISSUED.
UM, SO NOW WE'RE, IT'S BASICALLY WE'RE TRYING TO GET A, OR THE APPLICANTS ARE TRYING TO GET AFTER THE FACT APPROVAL.
SO THERE WAS A BUILDING PERMIT FOR THE, THERE, THERE WAS A BUILDING PERMIT FOR FOR THE HOUSE.
FOR THE HOUSE, THAT'S CORRECT.
AND, AND THE HOUSE IS ADEQUATE DISTANCE FROM THE ROAD.
UM, THE HOUSE, IF YOU LOOK AT BULK ZONING REGULATIONS, WHICH WOULD BE FOR THE FRONTAGE WOULD BE 50 FEET FROM THE ROAD.
BUT BECAUSE THIS IS A POULTRY FARM, THERE ARE DIFFERENT SETBACK REQUIREMENTS MM-HMM
FOR ANY PART OF THE POULTRY FARM, AND THAT WOULD BE 200 FEET FROM THE ROAD.
UM, NEITHER THE SINGLE WIDE NOR THE DOUBLE WIDE MANUFACTURED HOME MEETS THAT CRITERIA.
WA WAS THAT DONE BEFORE THE REGS WERE CHANGED THE SINGLE WIDE? YES.
UM, THE DOUBLE WIDE MANUFACTURED HOME WAS ALSO, TO MY KNOWLEDGE, CONSTRUCTED AROUND 2017, WHICH IS AROUND THE TIME THAT THE POULTRY FARM ORDINANCE WAS, WAS UM, ADJUSTED.
SO THE, THE, THERE, THERE WAS, UH, AN UNDERSTANDING.
AND SO MY RECOLLECTION FROM THE PREVIOUS MEETING WAS THAT, THAT THE TRAILER HAD TO BE MOVED.
AND THEY WERE, AND THAT WAS THE REASON FOR THE SITE PLAN.
WE WANTED TO SEE THE ALTERNATE LOCATION AND WE DEFERRED, DEFERRED IT TO TODAY.
THERE'S BEEN, I HAVE NOT RECEIVED A SITE PLAN AS OF, AS OF THIS TIME, AS OF A WEEK AGO WHEN I WAS DOING THE STAFF REPORTS FOR THE, FOR BOARD DOCS.
WE, WE WERE TRYING TO BE ACCOMMODATING BECAUSE CORRECT.
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NEED FOR LABOR IN THE HOUSING.SO THERE'S BEEN NO, NO, I HAVE NOT RECEIVED ANYTHING.
UM, WOULD THE NEXT PERSON LIKE TO COME UP, JUST, UH, STATE YOUR NAME? WAYNE JOHNSON.
WAYNE, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH CONCERNING ALL THE MATTERS THAT ARE BEFORE US? I DO.
UH, IN REFERENCE TO THE DOUBLE WIDE, THAT IT'S NOT 17, IT, IT'S ONLY BEEN TWO, THREE YEARS.
I MEAN, TIME GETS AWAY FROM IT, YOU KNOW, I DON'T, BUT YOU, I DON'T KEEP UP WITH TIME, BUT I, I CAN, I THINK ABOUT THINGS AND MAYBE SOMETHING THAT HAPPENED FIVE YEARS AGO.
I THINK IT HAPPENED A COUPLE YEARS AGO, BUT I, IT IS NOT BEEN EIGHT YEARS.
IT HAS NOT BEEN THERE THAT LONG.
SO IT SHOULD FALL UNDER THE NEW REGS BECAUSE, UH, MR. UH, WAN MYSELF WENT AROUND AND AROUND BECAUSE HE ORIGINALLY STARTED OFF WITH TYSON AND I WANTED HIM TO PUT A BUFFER, AND GRACIE CAN ATTEST TO THAT.
THAT WAS BEFORE THE, THE NEW REGS.
SO HE DID NOT HAVE TO PUT A ROUGHER, AND HE LEFT TYSON WENT TO PURDUE JUST TO, UH, CIRCUMVENT THAT.
AND I EVEN OFFERED TO PAY FOR IT TO PUT THE BUFFER THERE.
SO, UH, HE'S NOT VERY NEIGHBORLY AS FAR AS I'M CONCERNED, SO I'M NOT GONNA BE VERY NEIGHBORLY BACK.
UH, HE, I THINK THAT HE SHOULD, UH, ABIDE BY ALL THE REGULATIONS THAT ARE IN PLACE THAT ANY OF THE REST OF US WOULD HAVE TO ABIDE BY.
AND THAT, THAT'S MY CASE AS FAR AS I'M CONCERNED.
I HAVE ANY QUESTIONS, MR. COME UP.
LARRY LAYMAN, ADJOINING PROPERTY OWNER.
LARRY, DO YOU, UH, SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH CONCERNING ALL THE MATTERS THAT ARE BEFORE US TODAY? YES, I DO.
UH, I HAVE A LONG CABIN RIGHT ACROSS FROM THEIR PROPERTY.
UH, I HAD THOUGHT ABOUT BUYING A PROPERTY AND SUBDIVIDING AND PUTTING IN HOMES, BUT WHEN I CHECKED THE SOILS MAP, THERE'S VERY LIMITED SOIL IN THERE THAT THEY COULD PUT A SECOND DRAINAGE SYSTEM IN.
SO THAT POSSIBLY COULD BE THE REASON WHY THEY'VE NOT MOVED THE TRAILER YET, BUT THEY STILL SHOULD MOVE IT.
IN OTHER WORDS, IF YOU FOLKS FOUND THE FOUR THAT THEY HAVE TO MOVE IT THEN, OR THEY HAVE TO RELOCATE IT, THEN I, THEY GOTTA, THEY GOTTA MEET WITH THE DISTANCES THAT YOU FOLKS REQUIRE, AND IT'S NOT THAT WAY RIGHT NOW.
UH, I'M SORRY TO SEE THAT THEY HAVEN'T COMPLIED WITH WHAT YOU ALL WANTED TO DO.
I REMEMBER YEARS AGO, ONE TIME, AND THIS IS SORT OF A SIDE STORY, I WAS PUTTING IN A SHED AND A GENTLEMAN FROM THE COUNTY CAME UP AND, UH, HE SAID, UH, DO YOU HAVE A PERMIT FOR THAT? I SAID, I SEE YOU WORK FOR THE COUNTY.
YOU PROBABLY KNOW I DON'T HAVE A PERMIT.
AND HE FLIPS HIS NOTEPAD OPEN AND I SAY, OH, I GUESS HE'S GONNA WRITE ME OUT A PERMIT.
COME TO FIND OUT HE WAS WRITING ME OUT A TICKET AND THEN I HAD TO COME AND GET MY PERMIT.
SO, YOU KNOW, I I, I THINK AT SOME POINT IN TIME YOU ALL WAS A COMMITTEE MAY HAVE TO SAY, HEY, WE'VE TRIED TO BE REASONABLE WITH YOU, BUT IF YOU'RE NOT GONNA DO THIS, MAKE THE FINE RELEVANT TO THE POINT WHERE THAT WE'LL COMPLY.
THIS PROPERTY, IS THIS PROPERTY LARGE ENOUGH TO SITUATE THE SINGLE WIDE IN ANOTHER AREA AND MEET THE SETBACKS AS THE ORDINANCE REQUIRED? UM, BASED OFF OF WHAT I'VE LOOKED AT, IT'D BE, IT WOULD BE VERY DIFFICULT BECAUSE OF THE LOCATION OF THE, UH, OF THE, UH, POULTRY HOUSES THEMSELVES.
I, IT'S, IT'S MY BELIEF THAT THEY WOULD HAVE TO GET A VARIANCE, MORE THAN LIKELY, NO MATTER WHERE THEY PLACE IT FROM THE 200 FOOT, UM, VARIANCE FROM A PROPERTY LINE.
UM, NOW, IT, NOW IT COULD BE, IT, IT, IT COULD BE POSSIBLE DEPENDING ON HEALTH DEPARTMENT REGULATIONS.
AND I, I DON'T KNOW WHAT THOSE ARE, UM, TO AT LEAST GET THE 140 FEET OF SEPARATION.
SO A SITE PLAN, A REVISED SITE PLAN WOULD SHOW, SHOULD SHOW THE SETBACKS? CORRECT.
AND WE AS A BOARD DON'T, UM, ENFORCE HEALTH DEPARTMENT REGS CORRECT.
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ALRIGHT.SO HOW DID, SO A BUILDING PERMIT WAS ISSUED FOR THE, THE MANUFACTURED HOME, CORRECT.
IN, IN VIOLATION OF THE LAW THEN? IS THAT, IS THAT WHAT HAPPENED? SO, SO BASICALLY THERE WAS AN UNDER, WELL, YOU CAN, THE THING ABOUT THE ZONING ORDINANCE IS IT CAN BE INTERPRETED MM-HMM
UM, AND I DON'T HAVE ANY EVIDENCE FOR THIS, BUT MY ASSUMPTION WOULD BE THE INTERPRETATION WAS IF THE SINGLE WIDES REMOVED AND THE DOUBLE, DOUBLE WIDE MANUFACTURED HOME WASN'T ENCROACHING ANY FURTHER INTO THE SETBACK THAN THE SINGLE WIDE WAS ALREADY ENCROACHING, THAT COULD BE SOMETHING THAT WOULD BE ALLOWED WITH THE, THE, THE ISSUE.
THE ISSUE COMES BACK TO COS ISSUED SINGLE WIDES NOT GONE WHEN IT'S SUPPOSED TO BE GONE.
WELL THAT, THAT, THAT'S I'LL CIRCLE AROUND THEN.
SO, YOU KNOW THE HOUSE IS WHERE THE HOUSE IS? YES.
AND, UH, AS AS I SAID IN THE PREVIOUS MEETING, THE DEAL WAS MADE.
AND THAT WAS TO MOVE THE TRAILER AFTER THE CONSTRUCTION OF THE HOUSE? CORRECT.
AND SO THE PATH OF LEASE RESISTANCE WAS TO USE THE TRAILER FOR THE LABOR, AND SO WE'RE TRYING TO BE ACCOMMODATING AND NOTHING'S BEEN DONE.
SO OUR OPTION IS TO DENY YEAH.
YOU GUYS CAN DEFER, DENY, APPROVE.
THAT'S, AND, AND, UH, THEN, UH, THERE'S A WOODED AREA ON THE SOUTH END.
SO THERE, THE TRAILER COULD BE PUT IN THERE.
IF, I MEAN THE TRAILER AT THERE ON THE SOUTH END OF THE PROPERTY, THERE IS AN AMOUNT OF LAND THAT'S AVAILABLE FOR THE SINGLE WIDE.
NOW, NOW THE, THE OTHER PART IN THIS IS THERE'S ALSO A LAND DISTURBANCE MM-HMM
UH, UH, COMMERCIAL LAND DISTURBANCE FOR EXPANSION OF THAT POULTRY FARM THAT IS STILL BEING WORKED ON.
UH, CAN YOU PULL UP THE THING THERE FOR THE MOTION SUGGESTED? UH, THIS IS THE ONLY SLIDE I HAVE.
IF, IF I CAN GET THIS BACK RIPPED UP HERE.
CAN I SPEAK AGAIN? STILL NEED TO BE SWORN IN AGAIN.
IN ANY OTHER CASE, UH, REMOTE DRAIN FIELDS.
I MEAN, I KNOW THAT THE BOARD OF ZONING FIELDS IS AWARE OF THAT.
SO THE TRAILER COULD BE MOVED SOMEWHERE ELSE.
IF, IF THAT'S THE ONLY AREA THAT THE SEPTIC SYSTEMS CAN BE PUT IN, THEY COULD ENLARGE ASSESSMENT SYSTEM THERE AND IT TWO DWELLINGS COULD BE MOVED WHEREVER.
I MEAN, WHY, WHY AREN'T WE COMPLYING TO, I, I UNDERSTAND THAT THE TRAILER WAS THERE FIRST AND IT WAS UNDER THE OLD RES.
I UNDERSTAND THAT, BUT WHEN, WHEN YOU PUT IN A NEW ONE, YOU WERE UNDER THE NEW REGS, WHY DIDN'T YOU JUST INSIST ON IT BEING PUT WHERE IT'S SUPPOSED TO BE PUT? WELL, THE, THE REASON IS, IS THAT, UM, THAT WAS, SHALL WE SAY, THE FAULT OF THE ZONING ADMINISTRATION FOR ISSUING THE BUILDING PERMIT.
SO AS A NEIGHBOR, I, I HAVE TO ABIDE BY YOUR FAULTS.
WELL, UH, YOU KNOW, HE PUT THE HOUSE THERE IN GOOD FAITH AND THE TRAILER WAS SUPPOSED TO BE MOVED.
SO THE BUILDING PERMIT WAS, AND, AND, AND FOR, YOU KNOW, I DON'T KNOW WHAT, WHAT'S THE SETBACK ON THE HOUSE? IS IT 150? WHAT'S THE RELIEF ON THAT? HE, HE JUST SAID 200.
SO, UM, YEAH, BUT DWELLING IT WOULD NEED, SO IT'S 80 FEET, IT'S 80 FEET FROM THE ROAD, SO IT'S 120 FOOT ROAD, IT WOULD BE ABOUT 120 FEET.
UM, SO MY POINT IS, IS THAT HE WAS ISSUED A ERRONEOUSLY, ISSUED A PERMIT.
UH, AND HAD HE BEEN ISSUED A PERMIT FOR 200 FEET AND PUT IT THERE, THEN THAT'S IT.
SO, UH, BUT THE, THE POINT IS, IS THAT HE PUT THAT THERE AND THE TRAILER WAS SUPPOSED TO BE MOVED AND IT WASN'T.
I'M, I'M LISTENING TO YOU, SIR.
I HOPE YOU HAVE THE SAME CHARITY.
IF I PUT YOU IN THE SAME POSITION
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MYSELF, WELL, YOU KNOW, THAT'S OUR JOB.I NOTICED TWO PEOPLE WALKED IN OR THEY DID THE OWNERS ARE ASSOCIATED WITH THIS PROPERTY? NO.
SO MAY MAYBE, UH, DO YOU NEED TO WEIGH IN ON THIS? ON, ON, YOU KNOW, THE BUILDING PERMIT WAS ISSUED FOR THE, THE MANUFACTURED HOME? I, WELL, ANOTHER POSSIBILITY IS, UH, AT THE TIME THE INTERPRETATION OF THE ZONING CODE MAY HAVE BEEN THAT POULTRY OPERATIONS DID NOT INCLUDE THE RESIDENCE AS PART OF THE POULTRY OPERATION.
SO THERE'S ANY NUMBER OF WAYS THIS COULD HAVE HAPPENED, BUT, BUT A PERMIT WAS ISSUED, MY UNDERSTANDING IS PERMIT WAS ISSUED, ALL INSPECTIONS DONE CO GRANTED WITHOUT ISSUE.
AND, AND, AND WE ARE WHERE WE WE'RE.
SO THE VARIANCE HERE IS FOR, FOR THE TRAILER BEING CLOSE TO THE HOUSE.
IS THAT CORRECT? WELL, THE, THE, THE START OF THE VARIANCE WAS THE TWO RESIDENCES ON ONE PROPERTY.
AND THEN WE HAVE IT TWO CLOSE AND OTHER ISSUES THAT, ALL RIGHT.
WELL, I, WELL, I GUESS WE HAVE A SPECIAL USE PERMIT FOR THE RIGHT TO HAVE THE TWO RESIDENCES AND THE VARI AND THEN THE VARIOUS VARIANCES TO DEAL WITH THE SETBACK ISSUES.
ALRIGHT, SO I'M, I'M, I'M READY TO MAKE A MOTION.
NOW, YOU HAVE ON HERE THESE TWO TOGETHER, OR DO THEY NEED TO BE DONE SEPARATE? UH, I WOULD JUST SAY IT'S, IT'S OKAY TO DO THE TWO TOGETHER.
I MOVE THAT THE MIMA COUNTY BOARD OF ZONING APPEALS DENY SU USE 0 0 0 1 4 4 DASH 2025 AND DENY VARIANCE 0 0 0 1 1 7 DASH 2025 MR. CHAIR IN YES.
MAKE THOSE TWO SEPARATE MOTIONS.
I MOVE THAT THE MIMA COUNTY BOARD OF ZONING APPEALS DENY SUSC 0 0 0 1 4 4 DASH 2025 A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 22 FOR AN ACCESSORY DWELLING FOR TAX PARCEL 69 A 54, WITH THE CONDITIONS RECOMMENDED BY STAFF.
UH, THE ONLY, THE ONLY THING I WOULD SAY IS IF WE'RE, IF WE'RE REC, IF WE'RE DENYING, THEN THERE'S NO CONDITIONS.
DO WE HAVE A SECOND ON THAT? I SECOND.
WITH THE VARIANCE, I MOVE THAT TO MACK COUNTY BOARD OF ZONING APPEALS, DENY VARIANCE 0 0 0 1 1 7 DASH 2025, A VARIANCE OF 1 27 FROM THE ONE 40 FOOT MIN MINIMUM SEPARATION FROM MULTIPLE DWELLINGS IN AGRICULTURAL AREA ON THE LOT ON, UH, 69 A 54.
SO, UM, SO WHAT THAT MEANS IS HE'S GOTTA MOVE THE TRAILER.
WELL, THAT WOULD MEAN THAT HE WOULD NEED TO REMOVE THE TRAILER.
SO, UM, THIS NEXT ONE IS A CASE THAT WAS DEFERRED FROM SEPTEMBER.
THIS IS, UH, SUSE 0 0 0 0 9 7 20 25.
THIS IS A SPECIAL USE PERMIT FOR HABITATION OF A TRAVEL TRAILER AND MULTIPLE ACCESSORY STRUCTURES IN
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THE IAC DISTRICT.UM, I'LL GO THROUGH THEM FOR THE BENEFIT OF MR. SIEBOLD, WHO WASN'T HERE IN SEPTEMBER.
UM, APPLICANT IS DONALD CHAPMAN.
THE PROPERTY OWNERS ARE DONALD CHAPMAN AND KATHLEEN CHAPMAN.
THE LOCATION IS 53 DASH A DASH 79, ELECTION DISTRICT FOUR, WHICH IS, UH, MR. PARKS 18 ACRES, UH, ZONED AGRICULTURAL FUTURE LAND USE RECOMMENDATIONS.
UM, CURRENT PROPOSED USES ARE AGRICULTURAL ADJACENT ZONINGS AGRICULTURAL.
THIS IS, UH, THE LOT ALONG WINTERVILLE ROAD, UH, ZONED AGRICULTURAL FUTURE LAND USE MAP IS ALSO AGRICULTURAL.
UM, UH, THIS IS THE, UH, THE CHESAPEAKE BAY PRESERVATION AREA ACT MAP.
UH, IT'S NOT IN A, IT'S NOT IN RPA.
UM, IT IS LOCATED IN A FLOODPLAIN, SO IT'S EIGHT BFE.
THE LOCATION OF THE SITE IS APPROXIMATELY THERE.
UM, THESE ARE SOME PICTURES OF THE, OF THE SITE SHOWING THE, UH, TRAVEL TRAILER ON THE UPPER LEFT.
UM, PICTURE ON THE UPPER RIGHT IS WINTERVILLE ROAD GOING NORTH.
BOTTOM RIGHT IS A PICTURE OF WINTERVILLE ROAD GOING SOUTH.
UM, AND THIS IS A VIEW, UH, OF THE SITE FROM THE FRONT OF THE PROPERTY.
THERE, THERE ARE TREES THAT KIND OF SCREEN WHAT'S GOING ON IN THE BACK.
UM, AND THEN HERE'S SOME PICTURES OF SOME OF THE ACCESSORY STRUCTURES, UH, CONTAINER.
A, UH, POLE BUILDING THAT HAS BEEN TURNED INTO A SHOOTING PLATFORM.
AND, UM, A COUPLE OTHER ACCESSORY STRUCTURES.
UH, SITE PLAN SHOWING ALL OF THE DIFFERENT, UH, STRUCTURES ON THE PROPERTY.
SO, UM, THEN WE GO INTO CONSIDERATION FOR SPECIAL USE PERMITS.
THIS IS GOING TO BE SPECIFIC FOR THE TRAVEL TRAILER.
UM, NUMBER ONE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, GENERALLY OCCUPANCY OF TRAVEL TRAILERS ADVERSELY IMPACTS THE NEIGHBORHOOD AS THEY CAN ADVERSELY AFFECT PROPERTY VALUES AND AROUND ATTRACTIVE.
UH, NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES.
UH, THE SITE IS NOT SERVICED BY PUBLIC WATER AND SEWER.
THE OWNER IS RESPONSIBLE FOR THE DISPOSAL OF LAY OF WASTE.
UM, I, I THINK IN THE LAST MEETING, UM, THE OWNER HAS A, UH, PORTA POTTY THERE THAT HE IS USING FOR THE DISPOSAL OF WASTE.
UH, NUMBER THREE, WHETHER 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 PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS.
I WILL SAY THEY ARE LOCATED IN A FLOOD ZONE.
UH, NUMBER FIVE, WHERE THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
UH, THE USE OF TRAVEL TRAILER FOR HABITATION IN ONE LOCATION ADVERSELY IMPACTS THE VALUE OF ADJOINING A NEARBY PROPERTY OWNERS.
UH, NUMBER SIX, WHETHER 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.
UM, I WILL SAY FOR NUMBER SIX, WE'RE GONNA GET INTO, UH, PUBLIC SAFETY.
UM, BECAUSE THE, BECAUSE THE TRAVEL TRAILER IS IN A FLOOD ZONE AND THEY'RE NOT TIED DOWN IN A FLOOD EVENT, IT, IT COULD MOVE.
UH, NUMBER SEVEN, WHETHER PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE LOCAL LAWS, ORDINANCES, AND REGULATIONS.
UH, NO TRAVEL TRAILERS ARE NOT DESIGNED FOR USE IN ONE LOCATION CONTINUOUSLY, AND THERE IS NO WATER SEPTIC AVAILABLE.
THE BZA HAS GRANTED SUVS FOR THIS TYPE OF USE OF PREVIOUS MEETINGS.
UH, NO LOCAL LAWS, ORDINANCES, OR REGULATIONS ARE AFFECTED.
UH, 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.
THIS NOW GETS INTO THE ACCESSORY STRUCTURE PORTION OF THE APPLICATION.
UH, NUMBER ONE, WELL OPPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
UH, NUMBER TWO, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES, UH, NO ADVERSE IMPACT WILL RESOLVE OVERHEAD.
UTILITIES ARE ON WINTERVILLE ROAD.
UH, NUMBER THREE, WHETHER PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY, UH,
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NO ADVERSE IMPACT IS ANTICIPATED.UH, NUMBER FOUR, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS, UH, NO ADVERSE IMPACT WILL RESULT.
THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS.
UH, PIGGYBACKING OFF OF THE FLOODPLAIN, UH, THE FLOODPLAIN REQUIREMENTS FOR TRAVEL TRAILERS, THE ACCESSORY STRUCTURES WILL HAVE TO COMPLY WITH THE FLOODPLAIN ORDINANCE.
UM, SO FOR EXAMPLE, THEY WOULD NEED, UH, BE BUILT OUT OF FLOOD RESISTANT MATERIALS, FLOOD VENTS, THAT SORT OF THING.
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.
UH, NUMBER SIX, WHETHER THE PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
UH, THIS 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.
ANSWER IS THAT YES, ACCESSORY STRUCTURES WITHOUT PRIMARY STRUCTURES ARE ALLOWED BY SPECIAL USE PERMIT.
AND NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.
THE ANSWER THERE IS, UH, NO, THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
UH, SO FOR UTILITIES, THE SITE DOES NOT HAVE A SEPTIC SYSTEM.
THE OWNER'S RESPONSIBLE FOR DISPOSAL OF WASTE.
THE APPLICANT HAS BEEN, UH, DISPOSING OF WASTE THROUGH A PORTA POTTY THAT'S ON SITE, UH, TRANSPORTATION STREETS.
THE PROPERTY IS LOCATED ALONG WINTERVILLE ROAD.
WINTERVILLE ROAD IS A VO MAINTAINS SECONDARY ROAD.
I WOULD SAY THAT ROAD'S AN AVERAGE CONDITION.
UH, ENVIRONMENTAL CONSIDERATIONS, THE PARCELS LOCATED IN A FLOOD FLOODPLAIN, THAT'LL BE A EIGHT BFE.
UM, AND IN THAT THE TRAVEL TRAILER MUST COMPLY WITH 1 0 6 360 7 4 B, WHICH STATES THAT THE TRAVEL TRAILER MUST BE ON SITE FOR FEWER THAN 180 CONSECUTIVE DAYS, BE FULLY LICENSED AND READY FOR HIGHWAY USE.
UH, PARENTHESES, A RECREATIONAL VEHICLE IS READY FOR HIGHWAY USE IF IT IS ON ITS WHEELS, OR JACKING SYSTEM IS ATTACHED TO THE SITE ONLY BY DI A QUICK DISCONNECT TYPE UTILITIES AND SECURITY DEVICES, AND HAS NO PERMANENTLY ATTACHED ADDITIONS.
A TRAVEL TRAILER IN A FLOOD ZONE AREA COULD POSE A RISK TO PUBLIC SAFETY, UM, IN THE EVENT OF A HURRICANE OR A MAJOR FLOOD, BECAUSE THEY'RE NOT STRAPPED DOWN, THE RV COULD, COULD MOVE, UM, AND THAT COULD MOVE INTO SOMEBODY'S HOME.
UH, PUBLIC COMMENT AND ADDITIONAL INFO, UH, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
UH, NO PUBLIC COMMENTS HAVE BEEN RECEIVED.
UH, AND AS FAR AS THE TRAVEL TRAILER, THE TRAVEL TRAILER WAS APPROVED FOR THREE YEARS PER SUSE 4 61 DASH 2023 WITH THREE CONDITIONS.
UH, THE SPECIAL USE PERMIT IS VALID FOR THREE YEARS.
THE APPLICANT SHALL CONFORM TO ALL THE FLOOD PLAIN REQUIREMENTS FOUND IN SECTION 1 0 6 DASH 360 7 4 B, AND THE WASTEWATER WILL NOT BE DISPOSED OF ON THE PARCEL, UH, STAFF FINDINGS, UH, THE OWNERS OF THE PROPERTY HAVE PLACE A TRAVEL TRAILER AND ACCESSORY STRUCTURES ON THE PROPERTY.
ALL OF THESE USES REQUIRE A SPECIAL USE PERMIT, UM, AND TRAVEL TRAILERS CAN HAVE A NEGATIVE IMPACT ON PROPERTY VALUES AND DO NOT CONTRIBUTE TO A HARMONIOUS COMMUNITY.
THERE IS ALSO A PUBLIC SAFETY ASPECT OF THAT, AS I'VE TALKED ABOUT EARLIER.
UH, THE STAFF RECOMMENDS DENIAL OF THE TRAVEL TRAILER PORTION OF SUSE 0 0 0 0 9 7 20 25.
A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 53 14 FOR TRAVEL TRAILERS LOCATED OUTSIDE OF TRAVEL TRAILER PARKS, WHICH ARE TO BE OCCUPIED FOR HABITATION OR STORAGE OF CHATTELS.
UM, IF THE BOARD OF ZONING APPEALS APPROVES THIS SPECIAL USE PERMIT, STAFF RECOMMENDS THE FOLLOWING CON, UH, 10 CONDITIONS.
UM, I WOULD LIKE TO SAY THAT THE, UM, THE STAFF'S RECOMMENDATION IS BASED ON, UH, THE POTENTIAL NEGATIVE EFFECT OF PROPERTY VALUES AS FAR AS THE TRAVEL TRAILER IS CONCERNED, AND ALSO, UM, THE PUBLIC SAFETY ISSUES THAT COULD ARISE.
UH, 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 A APPLICATION AND PLAN AS SUBMITTED.
UH, 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 FAMILY.
[00:35:01]
THIS CONDITION SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID.UM, SO THE RED THAT YOU SEE OR EITHER CHANGED OR ADDED SINCE OUR PREVIOUS MEETING, JUST SO THEY'RE CLEAR.
UH, NUMBER FIVE, THE EXISTING SPECIAL USE PERMIT SUSE 0 0 0 4 6 1 DASH 2023 SHALL BE EXTENDED ONE YEAR FROM THE PREVIOUS EXPIRATION DATE OF MARCH 1ST, 2026 TO MARCH 1ST, 2027.
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 TRAVEL TRAILER IS ON SITE.
UH, NUMBER EIGHT, THE APPLICANT SHALL CONFORM TO ALL THE FLOOD PLAIN REQUIREMENTS FOUND IN SECTION 1 0 6 DASH 360 7 4 B.
UH, NUMBER NINE, THE WASTEWATER WILL NOT BE DISPOSED OF ON THE PARCEL.
AND NUMBER 10, THE APPLICANT SHALL ALLOW THE COUNTY TO PERFORM INSPECTIONS OF THE SITE AT ANY TIME WHILE THE SPECIAL USE PERMIT IS ACTIVE.
NOW FOR THE ACCESSORY STRUCTURE PORTION, THE STAFF RECOMMENDS APPROVAL OF THE ACCESSORY STRUCTURE PORTION OF SUSE 0 0 0 0 9 7 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 EXCEPTIONS, SPECIAL USE IN THE AGRICULTURAL DISTRICT REGULATIONS, WHICH IS CLEARLY SIMILAR AND COMPATIBLE WITH THE USES LISTED THEREIN.
IF THE BOARD OF ZONING APPEALS APPROVES THIS SPECIAL USE PERMIT, STAFF RECOMMENDS THE FOLLOWING FIVE CONDITIONS.
UH, NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND PLOT PLAN AS SUBMITTED.
UH, NUMBER THREE, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE ACCESSORY STRUCTURES ARE ON SITE.
UH, NUMBER FOUR, THE APPLICANT SHALL COMPLY WITH ALL FLOOD PLAIN REGULATIONS.
AND NUMBER FIVE, THE APPLICANT SHALL ALLOW THE COUNTY TO PERFORM INSPECTIONS OF THE SITE AT ANY TIME WHILE THE SPECIALS USE PERMIT IS ACTIVE.
UM, I DON'T SEE MR. CHAPMAN HERE, UM, BUT I CAN ANSWER ANY QUESTIONS THAT YOU HAVE.
WAS THIS JUST FOR HUNTING? UM, THERE HAVE BEEN SEVERAL THINGS THAT HAVE BEEN BROUGHT TO US.
UM, FOR EXAMPLE, UM, HE'S A TREE FARM.
UM, THERE ARE, THERE ARE SEVERAL THINGS THAT HE IS BROUGHT TO US THAT HE'S DOING.
UM, I WILL SAY, UH, WHEN ME AND MR. WATSON WERE OUT ON THE SITE A COUPLE MONTHS AGO, I MEAN THERE WERE, THERE WERE BEEHIVES THERE, THERE WAS ONE OR TWO MM-HMM
UM, I'D LIKE TO JUST ELABORATE ON THAT.
AT FIRST, MR. CHAPMAN CLAIMED TO HAVE A TREE FARM.
WHEN I CHALLENGED HIM ON THAT, HE WITHDREW THAT AND THEN CLAIMED TO BE A BEE FARM.
UM, MY UNDERSTANDING IS LESS THAN A WEEK BEFORE WE VISITED, HE BOUGHT TWO HIVES ALONG THE BOXES TO PUT THE BEES IN.
BUT I'VE SEEN NO EVIDENCE OF HIM ACTUALLY BEING FARMING, MEANING IN THE BUSINESS OF SELLING HONEY OR BEES OR ANYTHING OF THAT NATURE.
UM, UH, HE HAS A SHOOTING RANGE THERE.
UM, THAT, UH, AND, AND I KNOW HE COMES OVER HERE OFTEN, UH, FOR THAT PURPOSE.
AND SO THAT'S MY UNDERSTANDING OF HIS USE OF THE PROPERTY.
AND WE, AND WE DID APPROVE IN 2023, CORRECT? WE, WE APPROVED, UH, BASICALLY WE APPROVED A, A, UH, A TRAVEL TRAILER FOR HABITATION IN 2023 MM-HMM
UM, AND THAT, THAT EXPIRES MARCH 1ST OF NEXT YEAR.
SO THE TRAVEL TRAILER IS NOT USED FOR HUNTING PURPOSES? I WOULD SAY NO.
I, I KNOW HE LIVES IN VIRGINIA BEACH AND I KNOW HE ENJOYS COMING OVER HERE AND STAYING THERE.
I DO NOT KNOW, I DO NOT RECALL HIM EVER MENTIONING THAT HE, UM, USES IT AS A HUNTING CAMP.
BUT I, I, I JUST DON'T RECALL HIM EVER SAYING IT.
WELL, IT'S, IT'S FOR OCCASIONAL MINIMAL USE THEN.
UM, I, I, I THINK HE COMES OVER QUITE OFTEN, BUT HE DOES LIVE IN VIRGINIA BEACH.
THAT'S HIS PERMANENT RESIDENCE.
AND THIS IS A VACATION TYPE OF, OF PROPERTY FOR HIM.
[00:40:01]
FOR CLARIFICATION, UH, THE PLANNING COMMISSION WILL IN THE NEAR FUTURE BE EVALUATING REVIEWING THE REGS? UM, MY UNDERSTANDING IS THAT IT IS, THAT IS THE CASE THAT, THAT THAT'S UNDER CONSIDERATION AND WILL BE SIGNALS NOT.WE HAVE TWO OTHER FOLK WHO HAVE SIGNED UP TO, TO SPEAK ON THIS AS WELL.
IT'S NOT THE ONE WE'RE HERE FOR.
WE WERE ACTUALLY FOR THE ONE THAT'S, UH, I THINK 12 ON AN ACRE OF LAND.
SO LOOKING AT THE PHOTOGRAPHS, UH, IT SAYS THAT, UH, THERE ARE MEANT TO BE NO PERMANENT ATTACHMENTS FOR TRAVEL TRAILERS TO THE LAND.
CORRECT? THAT THAT DECK IS NOT ATTACHED.
THAT DECK IS ACTUALLY ON A TRAILER.
SO IT'S, IT'S LIKE A, A MOVABLE LIKE, PULL BEHIND TRAILER THAT'S, THAT'S NOT ATTACHED TO THE RV.
AND THE SECOND ONE IS, I MEAN, WATER WASTE IS TO BE DISPOSED OF OFFSITE.
HAS HE GOT ANY RECEIPTS FROM A PUMPING PLACE OR SOMETHING? WE HAVE NOT.
UM, THE WHAT, UM, MY RECOLLECTION IS SOMEBODY COMES TO THE SITE AND PUMPS IT OUT.
BUT I HAVE, I'VE RECEIVED NONE OF THAT.
NOR, NOR DID I ASK FOR IT AT THE TIME.
YOU KNOW, SINCE THIS IS, WHAT WOULD WOULD WE DO BEFORE TWO YEARS? UM, BEFORE, UH, RECENTLY WE HAVE TRIED TO MAKE THE CHANGE TO ONE YEAR.
ONE YEAR, WHICH IS, WHICH IS WHAT THAT CONDITION IS.
IF WE, IF WE APPROVE IT, IT WOULD GO THAT THAT EXISTING SPECIAL USE PERMIT WOULD BE EXTENDED TO, UH, MARCH 1ST, 2027 INSTEAD OF 2026.
IT'S NOT FROM THE DATE OF TODAY.
IT'S SAYS FROM DATE OF THE EXPIRATION.
NO, IT DATE OF, DATE OF EXPIRATION.
AND HOPEFULLY WE HAVE IT MORE REFINED.
ANY OTHER QUESTIONS? UM, AND ALSO IN 23, DID WE, THE ACCESSORY STRUCTURES WERE NOT THERE THEN.
SO ONE ACCESSORY STRUCTURE WAS THERE MM-HMM
UM, IT WAS APPROVED AS A WHOLE BUILDING, WHICH IS, UM, WHAT HAS TURNED INTO A SHOOTING PLATFORM.
UM, BUT THIS, THE ACCESSORY STRUCTURE PORTION OF THE APPROVAL WOULD PERMIT THAT MM-HMM
AND THIS DOESN'T GET HIM OUT OF, HE'S STILL GONNA MEET THE FLOOD PLAIN REQUIREMENTS.
HE'S STILL GONNA GET BUILDING PERMITS FOR EVERYTHING.
UM, I DO KNOW THAT, UH, JACOB YEAGER'S BEEN ON SITE AND HAS WORKED WITH MR. CHAPMAN IN THE PAST MM-HMM
UM, SO THAT, THAT WOULD BE HIS NEXT STEP.
SO, SO APPROVAL WOULD ENGAGE MULTIPLE, UH, UH, COMPLIANCE, CORRECT.
SO HE WOULD, HE WOULD NEED TO, UH, APPLY FOR BUILDING PERMITS FOR, FOR EVERYTHING MM-HMM
AND, AND BE APPROVED AND GO THROUGH THAT PROCESS WITH THE BUILDING INSPECTORS.
MY MY POINT IS, IS THAT IN ABOUT 2027, HOPEFULLY WE'VE GOT THIS IRONED OUT AND WITH THE REVISED REGS THAT BECAUSE OF THE PERVASIVENESS OF THE TRAILERS IN THE COUNTY, BUT, BUT ANY EXISTING WOULD BE GRANDFATHERED IN UNDER SOME N NOT NECESSARILY GRANDFATHERED IN, IN OTHER WORDS.
UM, RIGHT NOW IT'S THERE, IT'S SO PERVASIVE.
THE TRAILER'S EVERYWHERE THAT, UH, UNTIL WE GET IT NAILED DOWN, UH, MORE.
IF, IF I MAY ELABORATE ON THAT.
SO WHEN THE SPECIAL USE PERMIT EXPIRES, THAT USE EXPIRES.
SO IF THE ZONING ORDINANCE IS CHANGED TO NOT ALLOW, UH, TRAVEL TRAILERS, UM, MARCH 1ST, 2027 WOULD BE THE END OF WHATEVER HE WANTS TO DO.
ASSUMING THAT THE ORDINANCE WAS CHANGED.
ARE WE READY TO MAKE A MOTION? ALRIGHT,
[00:45:02]
I MOVE THAT THE ABA COUNTY BOARD OF ZONING APPEALS PROVE APPROVED THE TRAVEL TRAILER FOR SUSE 0 0 0 0 9 7 20 25, A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 14 FOR TRAILER TRAVEL TRAILERS LOCATED OUTSIDE TRAVEL TRAILER PARKS, WHICH ARE TO BE OCCUPIED FOR HABITATION OR STORAGE OF CHATTELS.WITH THE FOUR CONDITIONS RECOMMENDED BY STAFF, ARE THERE 10 OR ARE THERE 10? CON EXCUSE ME.
WERE THE 10 CONDITIONS RECOMMENDED BY STAFF? DO, DO WE HAVE A SECOND ON THAT? WE DON'T HAVE A SECOND.
UM, WOULD ANYBODY LIKE TO MAKE ANOTHER MOTION? DO WE HAVE ANY OTHER MOTION TO EITHER DENY OR TO I WOULD JUST, I WOULD JUST LIKE TO REITERATE IN THE STAFF'S POSITION, THE STAFF'S POSITION FOR THE TRAVEL TRAILER IS TO DENY IT.
DO WE HAVE ANY OTHER MOTION WE CAN DEFER AS WELL? I MAKE A MOTION THAT WE DEFER THIS UNTIL THE NEXT MEETING.
SO MR. CHAPMAN WOULD HAVE AN OPPORTUNITY TO SPEAK AGAIN AND TO ANSWER ANY QUESTIONS.
HE'S NOT HERE TODAY, CORRECT? CORRECT.
DO WE HAVE A SECOND ON THAT MOTION?
IT'LL BE DEFERRED TO DECEMBER.
UM, NOW THAT WAS JUST FOR THE TRAVEL TRAILER PORTIONS.
RIGHT? SO NOW WE NEED TO GO THROUGH THE, THE, UM, THE ACCESSORY STRUCTURE PORTION.
DO WE HAVE A MOTION ON THE ANCESTOR STRUCTURE? AND WE, WE CAN'T APPROVE, DENY OR DEFER THIS? WE DIDN'T DEFER THE WHOLE THING.
JUST THAT, THAT, THAT, THAT WAS THE ONLY MOTION BEFORE WAS OUT.
I MAKE A MOTION THAT WE DEFER TO SPECIAL USE PERMIT UNTIL DECEMBER, 2025 MEETING.
SECOND
AND YOU CAN DO ONE WITHOUT THE OTHER.
YOU CAN DO ONE WITHOUT THE OTHER TWO SEPARATE USES, BUT, BUT WE HAVE A MOTION ON THE FLOOR TO PUT THIS TO THE NEXT MEETING.
AND IF WE DON'T HAVE A SECOND, THEN WE'RE GONNA HAVE TO HAVE ANOTHER MOTION.
SECOND GETS DEFERRED TO DECEMBER.
UM, SO NOW WE ARE ON TO THE NEXT CASE.
THIS IS, UH, RENEE AND CHARLES BAX.
UH, CINDY, BEFORE YOU GO FURTHER THOUGH, CAN, CAN WE CLARIFY THE, IF WHAT, WHAT CASE THAT THEY ARE HERE TO SPEAK ABOUT? 'CAUSE THIS, THIS WAS THAT LAST, THE CHAPMAN CASE THAT THEY, THAT THEY SIGNED UP ON REGARD 12 CAMPERS BEING PUT ON.
THAT WAS THE CAMP WAS LAST MONTH.
THE HUNTING CAMP WAS HEARD LAST, HAS ALREADY BEEN HEARD LAST MONTH.
HOW COME I GOT A CERTIFIED LETTER TO APPEAL COME IF I WAS OBJECT OR TO THE DISCUSSION OF IT NOW? WELL, THERE IS ONE ON SAVANNAH ROAD TODAY, UH, NER THERE'S A CASE FOR TODAY ON SAVANNAH ROAD.
[00:50:01]
ONE CAMP TRAIL.SO I I I DON'T KNOW IF THAT'S THE, THE, THE ISSUE.
THIS ONE WAS RIGHT THERE LIKE AT THE INTERSECTION OF, UH, I, I I KNOW THE ONE YOU'RE TALKING ABOUT, BUT I SIR, DO YOU HAVE YOUR NOTICE WITH YOU? NO SIR.
I GOT A CERTIFIED LETTER FROM THE CANYON AND IT ASKED, YOU KNOW, TO BE HERE TODAY IF YOU HAD ANY OBJECTIONS OR ANYTHING.
I JUST WANTED TO CLARIFY THAT WE OWN RIGHT NEXT TO IT.
WHAT, WHAT THEY, I SEE SOME OF THESE SITES AND LEWIS, WE, PART OF THE LEWIS I, MY LOT ON SAVANNAH IS RIGHT BESIDE JEN MCC.
YEAH, HE'S ON, UH, SAVANNAH AND, UH, MORE NEAR STUMP TOWN.
IT'S YOU'RE TALKING ABOUT RIGHT THERE WHERE BRIDGES AND THE ARBY'S IN THE WOODS ON THE CORNER.
SOME, SOME DI AND THEN IT WAS ANOTHER LOT THAT IT WAS A SINGLE TRAILER THAT'S THERE.
AND THEN YOU GOT PUT, THEY SAID 12 ON THAT ONE.
WELL NO, IT'S 12 ON THE ONE ON THE CORNER.
THAT ONE WAS HER LAST AND ONE CAMPER THAT HAD SPECIAL USE WITH THEM ALREADY.
BUT HIS IS GOING TOWARDS SANFORD.
IT WE ON LAND ALL UP DOWN THAT ROAD EVERYWHERE.
OUR FAMILY WAS, AND WE BOUGHT DIFFERENT TRACK ALL OVER.
AND THIS IS FURTHER UP, I THINK YOU'RE TALKING ABOUT THE, OKAY, PAUL, CAN WE, CAN WE GET HIS NAME SO WE CAN VERIFY THE A? MM-HMM.
SO, UH, THIS NEXT CASE IS FOR, UH, RENEE AND CHARLES BAX.
THIS IS, UH, SUSE 0 0 0 0 9 4 20 25.
AND THIS IS FOR A SPECIAL USE PERMIT FOR TRAVEL TRAILER FOR HABITATION.
A LITTLE BIT OF BACKGROUND INFORMATION.
UH, RENEE BAX WAS THE APPLICANT.
UM, THE PROPERTY OWNER IS, UH, PROPERTY OWNERS ARE RENEE BAX AND CHARLES BAX.
THE, THE LOCATION IS, UH, 9 1 3 9 STUMPTOWN ROAD.
THE ELECTION DISTRICT IS DISTRICT THREE.
UM, IT'S APPROXIMATELY A HALF ACRE, UH, ZONED RESIDENTIAL.
THE FUTURE LAND USE RECOMMENDATION IS AGRICULTURAL.
UH, CURRENT PRO PROPOSED USES ARE RESIDENTIAL.
SO THERE'S THINGS LIKE MANUFACTURED HOMES, SINGLE FAMILY DWELLINGS, UM, ALONG STUMPTOWN ROAD.
UM, ADJACENT ZONINGS ARE RESIDENTIAL AND AGRICULTURAL AND ADJACENT USES ARE RESIDENTIAL AND AGRICULTURAL.
SO THIS IS AN OVERHEAD VIEW OF THE PROPERTY.
UM, ZONED RESIDENTIAL, UH, FUTURE LAND USE MAP IS, UH, ZONED, UH, AGRICULTURAL.
UM, TOP RIGHT IS, UH, STUMPTOWN ROAD GOING NORTH.
BOTTOM RIGHT IS STUMPTOWN ROAD GOING SOUTH.
THIS IS THE, UH, TRAVEL TRAILER THAT'S ON SITE.
AND THIS IS, UM, THE APPLICANT CAN ELABORATE ON THIS, BUT THIS IS HOW THEY ARE DISPOSING OF WASTE AS I SAW IT WHEN I WAS ON THE PROPERTY.
THEY HAVE A PORTA POTTY ON SITE.
UM, THIS IS THE SITE PLAN SHOWING THE LOCATION OF THE TRAVEL TRAILER, UH, DEFINITIONS.
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.
UH, CONSIDERATIONS FOR SPECIAL USE PERMITS, NUMBER ONE, WHERE 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 AREA.
THIS AREA IS COMPRISED OF MANY TYPES OF RESIDENTIAL DWELLINGS AND ADDING A TRAVEL TRAILER IMPACTS THE CHARACTER OF THE NEIGHBORHOOD.
UM, THE DIFFERENCE BETWEEN THIS PROPERTY AND OTHER PROPERTIES THAT WE DEAL WITH FOR RVS IS THIS IS ZONE RESIDENTIAL.
THIS ISN'T ZONED AGRICULTURAL.
UH, 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, UH, PORTABLE BATHROOM THAT THE APPLICANT, UM, TO MY KNOWLEDGE HAS BEEN USING.
UH, NUMBER THREE, WHETHER 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.
[00:55:01]
UH, NUMBER FOUR, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS.UH, NO, THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS.
IT IS LOCATED IN A FLOOD ZONE THOUGH.
WHETHER 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 PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
UM, 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 THERE IS NO TRAVEL TRAILERS ARE NOT DESIGNED FOR USE IN ONE LOCATION CONTINUOUSLY.
HOWEVER, THE BCA HAS GRANTED SUVS FOR THIS TYPE OF USE OF PREVIOUS MEETINGS.
NO LOCAL LAWS, ORDINANCES, OR REGULATIONS ARE AFFECTED.
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, FROM WHAT I COULD TELL, THERE IS NO WATER AND SEWER ON THIS PROPERTY.
THE APPLICANTS HAVE BEEN USING A PORTABLE BATHROOM FOR DISPOSAL OF WASTE.
UH, FOR TRANSPORTATION STREETS.
STUMPTOWN ROAD IS A VDOT MAINTAINED SECONDARY ROAD.
UM, THE CONDITION OF THE ROAD'S AVERAGE, NO POTHOLES OR ANYTHING LIKE THAT.
THE PROPERTY IS LOCATED IN A SPECIAL FLOOD HAZARD AREA, UH, EIGHT BFE.
THE TRAVEL TRAILER MUST COMPLY WITH 1 0 6 DASH 360 7 4 B, WHICH STATES THAT THE TRAVEL TRAILER MUST BE ON THE SITE FOR FEWER THAN 180 CONSECUTIVE DAYS.
BE FULLY LICENSED AND READY FOR HIGHWAY USE.
UH, PARENTES, A RECREATIONAL VEHICLE IS READY FOR HIGHWAY USE IF IT'S ON ITS WHEELS OR JACKING.
SYSTEM IS ATTACHED TO THE SITE ONLY BY QUICK DISCONNECT TYPE UTILITIES AND SECURITY DEVICES AND HAS NO PERMANENTLY ATTACHED ADDITIONS.
PUBLIC SAFETY, A TRAVEL TRAILER IN A FLOOD HAZARD AREA COULD POSE A RISK TO PUBLIC SAFETY.
AGAIN, THEY'RE NOT STRAPPED DOWN IN THE EVENT OF A FLOOD.
UH, PUBLIC COMMENT NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
UM, AS OF THIS TIME, I HAVE NOT RECEIVED ANY PUBLIC COMMENTS.
UH, STAFF FINDINGS, THERE ARE FIVE.
UH, THE APPLICANT HAS PLACED A TRAVEL TRAILER ON THE PROPERTY.
THE TRAVEL TRAILER REQUIRES A SPECIAL USE PERMIT.
UH, GENERALLY TRAVEL TRAILERS FOR HABITATION ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
AND, UH, GENERALLY TRAVEL TRAILERS DO NOT CREATE AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, THE PROPERTY IS ALSO LOCATED IN A SPECIAL FLOOD HAZARD AREA.
UM, STAFF RECOMMENDS DENIAL OF SUSE 0 0 0 0 9 4 20 25 BASED ON TRAVEL TRAILERS NOT CONTRIBUTE TO A HARMONIOUS COMMUNITY AND THE POTENTIAL SAFETY RISK OF A TRAVEL TRAILER IN ANY SPECIAL FLOOD HAZARD AREA.
IF THE BCA VOTES TO APPROVE THE SPECIAL USE PERMIT, STAFF RECOMMENDS THE FOLLOWING 10 CONDITIONS.
UH, NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
UH, NUMBER TWO, UH, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION PLOT PLAN AS SUBMITTED.
UH, 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 FA OR HIS OR HER FAMILY.
A VIOLATION OF THIS CONDITION SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID.
UM, NUMBER FIVE, I'D LIKE TO AMEND LOOKING AT IT.
UM, THE SPECIAL USE PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF ISSUANCE.
SO ONE YEAR AFTER TODAY INSTEAD OF TWO.
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 TRAVEL TRAILER'S ON SITE.
UM, 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 MIMA CO COUNTY CODE SECTION 1 0 6 DASH 360 7 4 B AND NUMBER 10, THE APPLICANT SHALL ALLOW THE COUNTY TO PERFORM INSPECTIONS OF THE SITE AT ANY TIME WHILE THE SPECIAL USE PERMIT IS ACTIVE.
THAT IS THE MOTION I CAN ANSWER ANY QUESTIONS.
ALSO, MR. AND MRS. BAXTER HERE IF YOU HAVE ANY QUESTIONS FOR THEM.
DO YOU HAVE ANY QUESTIONS FOR CINDY?
[01:00:11]
WOULD YOU GIVE US YOUR NAME? RENEE BCUS.UH, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH CONCERNING ALL THESE MATTERS THAT HAVE BEFORE? YES, SIR.
UM, WE HAD PURCHASED THIS GROUND THREE YEARS AGO.
UM, WE PUT A A TRAVEL TRAILER ON IT TWO YEARS AGO.
IT WAS, IT WAS APPROXIMATELY TWO YEARS AGO.
UM, I DID TAKE NOTICE SINCE WE'VE OWNED A PROPERTY, OUR TAXES HAVE WENT UP.
I BELIEVE THAT'S DUE TO THE HOME THAT WE REMOVED.
AND I'M SURE HE WAS HERE US ALL THE TIME.
I'M SORRY FOR THE IGNORANCE OF NOT KNOWING THE LAW'S HERE.
WITH SPEAKING WITH MR. JONES, WE ARE GONNA GET WITH HIM TO SEE WHAT WE NEED TO DO TO GET SOME TYPE OF PERMANENT STRUCTURE HERE.
I'M SORRY, I'M KIND OF BACKTRACKING AND I'M A LITTLE ALL OVER.
I'M A LITTLE NERVOUS, BUT, UM, MY DREAM IS TO HAVE SOMETHING NEAR THE BEACH.
UM, WE COME FROM PENNSYLVANIA.
WE'RE FIVE AND A HALF HOURS AWAY.
I DON'T WANT TO BE IN DELAWARE.
I DON'T WANT TO BE IN MARYLAND.
AND I ABSOLUTELY LOVE YOU FOLKS DOWN HERE.
LIKE IT'S VERY CALM, IT'S QUIET.
AND THE LEAST THING I WANT TO DO IS DISTURB ANYONE'S PEACE.
'CAUSE THAT'S WHY I LOVE THIS AREA IS FOR THE PEACE.
UM, OUR FUTURE IS, WE'RE TOO YOUNG TO RETIRE, SO WE CAN'T PULL OUR ANNUITIES, BUT WE WOULD LIKE TO EVENTUALLY BUILD ON THAT GROUND.
IT IS TWO SEPARATE PARTIALS AND WE HAVE TALKED ABOUT IN THE FUTURE LOOKING TO MERGE THEM SO THAT WAY WE COULD BUILD A NICE HOME AND RETIRE THERE.
YOU KNOW, AS FAR AS WHEN YOU SAID ABOUT THE, THE PORTA POTTY, SINCE WE'VE OWNED THIS PROPERTY FOR THREE YEARS, WE'VE DRIVEN DOWN HERE AND I CAN SHOW RECEIPTS OFF OF MY BANK STATEMENTS TO OBTAIN THIS PROPERTY.
WE STAYED ON CHITE ISLAND, DROVE OVER HERE WITH OUR LAWNMOWERS AND WHATNOT, CUT OUR GRASS, WENT BACK, WE STAYED ON HIS PROPERTY ONE TIME FOR TWO DAYS.
UM, WE BROUGHT A WATER BUFFALO WITH US.
WE TOOK OUR SEWER HOME WITH US.
UM, WHATEVER WE NEED TO DO TO BE COMPLIANT.
I JUST NEED SOME GUIDANCE TO, TO NOT BREAK ANY LAWS.
AND I WANT TO THANK IS THIS TOO, ARE YOU MR. NOBO? YES, MA'AM.
THANK YOU SO MUCH BECAUSE WITHOUT YOU I WOULDN'T HAVE KNOWN I WAS DOING ANY OF THIS WRONG.
UM, MS. BECKYS, WHAT IS YOUR TIMEFRAME FOR BUILDING SOMETHING IN THE FUTURE? WE WERE DISCUSSING, UM, WHICH I HAVE TO GET WITH SYNDROME TOO.
I'M NOT SURE WHAT TYPE OF STRUCTURE WE NEED.
IF, IF IT'S SOMETHING LIKE A POLE BARN, MAYBE WE COULD DO THAT WITHIN A YEAR OR TWO HERE.
I'M NOT RICH, BELIEVE ME, BUT I, I HOPE YOU SEE MY VISION, YOU KNOW, TO HAVE SOMETHING DOWN AT A BEACH.
SO A POLE BARN IS NOT FOR HABITATION.
I WAS JUST WONDERING IF YOU HAD CONSIDERED A SMALLER HOUSE.
HE CALLED IT SOMETHING ELSE IN A YEAR OR TWO.
SO WE'RE, WE'RE TALKING ABOUT A BARNDOMINIUM.
SO IT'S A, IT'S A POLE BUILDING THAT IS BUILT AS A, AS KIND OF A DUAL LIKE HOUSE GARAGE KIND OF THING.
I DIDN'T KNOW, LIKE WHEN HE SAID THAT NAME, I WAS LIKE, WELL, I NEVER HEARD THAT BEFORE
SO DID, UM, DO YOU HAVE AN IDEA OF HOW LONG THAT WOULD TAKE A YEAR OR 18 MONTHS OR TWO YEARS? I DON'T WANT TO LIE TO YOU.
THE REASON I'M ASKING PERMANENT HABITATION FOR TRAVEL TRAILERS OR THESE ARE REALLY NOT IN KEEPING WITH THE ORDINANCE.
YOU KNOW, I KNOW WE HAVE APPROVED, UH, TRAVEL TRAILERS FOR HABITATION WHILE A HOUSE IS BEING BUILT, YOU KNOW, FOR TWO YEARS MM-HMM
OR SOMETHING LIKE THAT BEFORE.
SO I THINK THAT'S WHY I ASKED.
THAT'S, YEAH, THAT'S KIND OF WHERE I'M AT, IS I CAN'T SAY ANY OF THIS BECAUSE UNTIL I GET TO TALK WITH SYNGENT, UHHUH,
SO THAT'S WHERE I'M AT IS I NEED TO KNOW WHAT I HAVE TO DO IN ORDER TO GET THE PLAN IN MOTION FULLY
[01:05:02]
TO GO, CAN'T COME GO FISHING.WELL, I, I GUESS THAT WOULD BE ANOTHER QUESTION.
LIKE, I'M SORRY, I DIDN'T HEAR, MY HUSBAND HAD SAID, MY SON, HE'S, HE GOES FISHING, HE LOVES FISHING.
AND HE SAID COULD HE EVEN COME DOWN AND USE IT TO GO FISHING? UH, QUESTION.
AND YOU, YOU WON'T KNOW WHAT KIND OF A SEPTIC SYSTEM WOULD HAVE TO GO IN THERE, ALTERNATIVE OR REGULAR.
I MEAN, I, I'M NOT THE EXPERT ON WELL AND SEPTICS.
THAT WOULD BE A BETTER, DO YOU WHAT SOIL TYPE IS? NO, THAT WOULD BE A BETTER QUESTION FOR THE HEALTH DEPARTMENT.
MY ASSUMPTION IS BECAUSE IT'S IN A FLOOD ZONE, IT WOULD PROBABLY NEED AN ALTERNATIVE SYSTEM.
BUT I DON'T, I DON'T KNOW THAT FOR SURE.
WELL, ON THE PROPERTY, YEAH, THERE'S A, THERE'S A CURRENT, UH, HAND, WELL, THAT'S STILL ON THE PROP.
WAIT, YOU CAN SEE IT COMING RIGHT UP BY THE GROUND.
WE JUST HAVEN'T HOOKED TO TRY TO PUMP YET OUTTA IT.
I KNOW THAT WHAT WE HAVE DONE IN THE PAST IS IF, IF IT, IF IT WANTS TO BE THERE FOR TEMPORARY HABITATION WHILE THE STRUCTURE'S BEING BUILT.
UM, I REMEMBER THIS WITH THE HEIN BAUGH CASE IN PARTICULAR WHERE WE SAID, YOU KNOW, IN SIX MONTHS COME BACK AND GIVE US SOME SORT OF A PROGRESS REPORT SHOWING THAT YOU'RE FOR REAL AND WE'VE GONE THROUGH SOME OF THESE THINGS.
UM, I MEAN THAT, THAT'S AN OPTION.
UM, BUT IT, IT, IT WOULD TAKE SOME TIME TO GET THERE.
AND THIS IS, AND TO BE HONEST, THIS IS THE FIRST, UH, THIS MORNING'S THE FIRST TIME I'VE HEARD ANY OF THIS AS FAR AS THE BARN ANDIN OR ANYTHING LIKE THAT.
THAT'S WHAT I SAID, LIKE I DIDN'T KNOW WHAT I HAD TO DO.
I KIND OF WAS IGNORANT TO THE LAW AND I SHOULDN'T BE, BECAUSE WHERE I LIVE IN PENNSYLVANIA, THEY CREATED A RECREATIONAL PARK.
SO WE HAVE PEOPLE PARKED PARKING RIGHT OUT, YOU KNOW, I LOOK OUT MY BACK WINDOW AND I HAVE TRA TRAILERS THERE AND THAT'S NOT WHAT I WANT TO DO TO ANYBODY ELSE.
SO, BUT THAT, THAT'S MY INTENT IS TO HAVE, IF PETE CALLS IT A BARNDOMINIUM
ANY OTHER QUESTIONS? SO YOU SAID IN THE PAST TWO YEARS YOU'VE BEEN, YOU'VE STAYED AT THE TRAILER ONE TIME? ONE TIME.
AND WE DO MAINTAIN THE GROUND, YOU KNOW, LIKE WE COME DOWN.
SO SIMILAR TO THE PREVIOUS CASE, THE, UH, THE, IT'S USED OCCASIONALLY IT'S NOT USED PENDING CONSTRUCTION, BUT IT'S USED OCCASIONALLY.
MAY I ADD SIR? UM, CAN YOU PULL THAT LINE MAP UP THAT YOU HIT UP THAT A JOINT GROUND AROUND IT IS OURS.
SO WHEN WE OBTAINED, WHEN WE OBTAINED, THIS IS A PARTIAL AND THEN THIS IS, THIS IS THE, THE ONE SAID THAT WE'RE TALKING ABOUT.
THIS IS TWO ACRES THAT'S A HALF AN ACRE.
AND WE TRIED TO, WHEN WE PUT THE CAP IN THERE, WE DID TRY TO KIND OF SITUATE IT SO SOMEONE DOESN'T HAVE TO LOOK AT IT.
'CAUSE I WOULDN'T WANT TO IN THE PARCEL UP TOP THERE, THAT'S A, UM, A MOBILE HOME.
SO THERE'S A MOBILE HOME RIGHT NEXT TO IT.
YOU CAN SEE THE OTHER MOBILE HOME IN THE WOODS THERE BEHIND THAT OTHER ONE.
BUT THAT ONE'S LIKE REALLY THAT ONE IN AND THAT ONE'S LIKE, YEAH, THAT, SO, UM, WELL HERE'S THE HOUSE THAT WE TORE DOWN.
CAN YOU SEE THE SPOT THERE? MM-HMM
I MEAN, I DIDN'T TEAR IT DOWN.
SO, UM, SORRY, JUST IT'S MY VERBIAGE.
SO IT'S FOR A LIMITED OCCASIONAL USE AND, AND WHAT WE WERE REFERRING TO IS OCCASIONALLY WE HAVE PEOPLE THAT WANT TO ACTUALLY LIVE THERE WHILE THE CONSTRUCTION'S GOING ON.
THEN THERE'S THE OTHER ONES WHERE WE HAVE PEOPLE THAT USE THEM DURING HUNTING SEASON.
AND, UH, SO IT'S LIMITED, LIMITED USE.
UH, I THINK HONESTLY THE, THE LIMITED USE WOULD ONLY BE IN THE SUMMERTIME.
BECAUSE WINTERTIME YOU REALLY CAN'T DO AND LIKE UNDERSTAND ONLY MY SON HUNTS, BUT HE HUNTS PENNSYLVANIA
[01:10:01]
IN THE WINTER, SO I DON'T EVEN KNOW THAT.I MEAN, WELL THAT'S, I MEAN, YEAH.
AND THEN, UH, YOU ADJUSTED IT TO ONE YEAR, CORRECT? MM-HMM
AND I DON'T KNOW IF THE REGS WILL BE REVIEWED AND REVISED BY THEN OR NOT, BUT WE CAN TRY.
ARE WE DONE WITH THE QUESTIONS FROM HER? THANK, THANK, THANK YOU.
THANK YOU FOR TABLING THIS SO I COULD MAKE IT DOWN HERE AND APPRECIATE IT.
I THINK MR. PAYMAN WOULD LIKE TO, THOSE ARE MY GLASSES.
UM, LEE PAM, BUT DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT.
I, UM, I WOULD'VE COVERED THIS DURING THE STAFF REPORT TOWARDS THE END OF THE MEETING, BUT SINCE THE QUESTION HAS ALREADY COME UP A COUPLE OF TIMES, WHAT IS THE, WHAT IS THE FUTURE OF THE RV REGULATIONS IN AKIMA COUNTY? SO, JUST AS A QUICK STATUS REPORT, UH, I BRIEFED THE BOARD OF SUPERVISORS LAST MONTH AT THEIR MEETING, UH, IN OCTOBER TO INDICATE THAT DIDN'T YOU ALL PROBABLY SAW THE, UH, PRESS COVERAGE IN THE EASTERN SHORE POST, OR MAYBE IT WAS THE SHORE DAILY NEWS THAT, UH, THAT WE WOULD BE LOOKING AT THE RV AND TRAVEL TRAILER REGULATIONS.
WE REQUESTED THAT THEY SUB, THAT THEY, UH, UH, APPROVE A, OR, YEAH, THAT THEY PASS AN INITIATING RESOLUTION TO BASICALLY AMEND THE ORDINANCE TO, UH, YOU KNOW, TO TIGHTEN UP AND TO CLARIFY A LOT OF THAT.
SO WE EXPECT TO GET THAT INITIATING RESOLUTION THIS MONTH IN NOVEMBER.
AND THEN THE STAFF AND THE PLANNING COMMISSION WILL THE STAFF FIRST, AND THEN THE PLANNING COMMISSION EVENTUALLY WILL TURN TO, UH, WILL, WILL TURN TO REVIEWING ALL THAT DRAFT LANGUAGE.
NOTHING HAS BEEN DRAFTED TO DATE.
WE DON'T EVEN HAVE AN INITIATING RESOLUTION TO MOVE FORWARD.
BUT THIS IS A, THIS IS A, AN ISSUE THAT'S KIND OF BEEN SIMMERING FOR A WHILE, AND THAT'S WHY WE WENT AHEAD AND DR.
UH, UM, BRIEFED THE BOARD OF SUPERVISORS LAST MONTH.
THAT CONCLUDES MY, UH, MY REMARKS AND I CAN FIELD ANY QUESTIONS.
THE SOONER THAT GETS DONE, THE BETTER WOULD HELP US RESOLVE SOME ISSUES.
ARE WE READY TO MAKE A MOTION ON THIS? UNLESS GIN HAS SOMETHING ADDITIONAL? WELL, I'LL, I'LL WING IT.
UH, I MOVE THAT THE MACK COUNTY BOARD OF ZONING APPEALS APPROVE SUSE 0 0 0 0 9 4 DASH 2025, A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 78 A 11 TO ALLOW TRAVEL TRAILER FOR HABITATION WITH THE 10 CONDITIONS RECOMMENDED BY STAFF.
IS THAT FOR A YEAR? FOR, FOR WITH, YEAH.
UH, THIS IS, UH, JOHN KISSNER, UH, SUSE 0 0 0 1 5 2 20 25.
UM, BACKGROUND APPLICANT IS FRANCIS JOHN KISSNER.
PROPERTY OWNERS ARE, UH, FRANCIS JOHN KISSNER AND PATRICIA ANN KISSNER, UH, LOCATED AT THE 25,100 BLOCK OF SAVANNAH ROAD.
UM, THIS IS TOWARDS THE INTERSECTION BETWEEN SAVANNAH ROAD AND ROSS ROAD.
UM, ALEX DISTRICT IS FOUR AND THAT'S, UH, JEFFREY PARKS.
UM, APPROXIMATELY TWO ACRES, UH, ZONED AGRICULTURAL, UM, ADJACENT ZONINGS ARE ALSO AGRICULTURAL ADJACENT USES.
WE HAVE, UH, A LOT OF VACANT LAND AND A FEW SINGLE FAMILY HOMES.
THIS IS THE PROPERTY, UH, ZONED AGRICULTURAL FUTURE LAND USE IS ALSO AGRICULTURAL, UH, NOT LOCATED IN AN RPA.
IT IS LOCATED IN A FLOOD ZONE.
THESE ARE PICTURES OF THE SITE.
UM, THIS IS WINTERVILLE ROAD GOING NORTH WINTERVILLE ROAD GOING SOUTH.
[01:15:01]
UM, THIS IS THE, UH, TRAVEL TRAILER, AND THIS IS A VIEW FROM THE ROAD.SO AGAIN, THERE'S SOME SCREENING ALONG THE FRONT OF THE ROAD.
THIS IS THE, UH, SITE PLAN SHOWING IT BEING APPROXIMATELY 60 FEET, UH, FROM THE EDGE OF THE ROAD AND 50 FEET FROM THE SIDE PROPERTY LINE.
AND THEN WE GET INTO, UH, DEFINITIONS.
UH, SECTION 1 0 6 DASH ONE PROVIDES THE DEFINITION OF TRAVEL TRAILER.
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.
AND WE GET INTO CONSIDERATIONS FOR SPECIAL USE PERMITS.
NUMBER ONE, WHETHER 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 AREA.
UH, THE AREA IS COMPRISED OF MANY DIFFERENT TYPES OF RESIDENTIAL DWELLINGS, AND ADDING A TRAVEL TRAILER IMPACTS THE CHARACTER OF THE NEIGHBORHOOD.
UH, NUMBER TWO, WHETHER PROPOSED USE WILL INVERSELY IMPACT PUBLIC UTILITIES.
UH, THE SITE IS NOT SERVICED BY PUBLIC WATER AND SEWER.
THE OWNER IS RESPONSIBLE FOR THE DISPOSAL OF SEWAGE WASTE, WHICH POSES PROBLEMS IF THE APPLICANT DOES NOT DISPOSE OF THEM PROPERLY.
HISTORICALLY, THIS HAS BEEN A PROBLEM WITH TRAVEL TRAILERS BEING OCCUPIED.
UH, NUMBER THREE, WHETHER 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 AFFECTING THE APPEARANCE AND PROPERTY VALUES OF THE NEIGHBORHOOD.
UH, NUMBER FOUR, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS.
UH, THE PROPERTY IS LOCATED IN A SPECIAL FLOOD HAZARD AREA.
A TRAVEL TRAILER IN A FLOOD ZONE COULD POSE A PUBLIC SAFETY RISK TO ADJOINING PROPERTIES.
NUMBER FIVE, WHETHER 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 PROPERTY VALUES OF ADJOINING AND NEARBY OWNERS.
UH, NUMBER SIX, WHETHER PROPOSED USE WILL PROMOTE, UH, THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
THIS 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.
THE ANSWER THERE IS NO TRAVEL TRAILERS ARE NOT DESIGNED FOR USE IN ONE LOCATION CONTINUOUSLY.
THE BZA HAS GRANTED SPECIAL USE PERMITS FOR THIS TYPE OF USE OF PREVIOUS MEETINGS WITH DATE LIMITATIONS, UH, NO LOCAL LAWS, ORDINANCES, OR REGULATIONS ARE AFFECTED.
UH, 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.
UH, UTILITIES, UH, NO WATER AND SEWER AS I COULD TELL ON THIS PROPERTY.
THE OWNERS ARE RESPONSIBLE FOR DISPOSAL OF WASTE.
UH, THE OWNER HAS THE ABILITY TO TRANSPORT THE WASTE TO APPROVE DUMP SITE.
I BELIEVE THAT APPROVED DUMP SITE IS TRAILS END.
SAVANNAH ROAD IS A V DOT MAINTAINED SECONDARY ROAD IS AN AVERAGE CONDITION.
THE PROPERTY IS LOCATED IN A SPECIAL FLOOD HAZARD AREA, EIGHT BFE.
UH, THE TRAVEL TRAILER MUST COMPLY WITH 1 0 6 DASH 360 7 4 B, WHICH STATES THAT THE TRAVEL TRAILER MUST BE ON THE SITE FOR FEWER THAN 180 CONSECUTIVE DAYS.
BE FULLY LICENSED AND READY FOR HIGHWAY USE.
A RECREATIONAL VEHICLE IS READY FOR HIGHWAY USE IF IT IS ON ITS WHEELS OR JACKING SYSTEM IS ATTACHED TO THE SIDE ONLY BY A QUICK DISCONNECT TYPE UTILITIES AND SECURITY DEVICES, AND HAS NO PERMANENTLY ATTACHED ADDITIONS.
A TRAVEL TRAILER IN A FLOOD ZONE COULD POSE A SAFETY RISK TO ADJACENT PROPERTY OWNERS.
PUBLIC COMMENT, UH, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
UH, NO PUBLIC COMMENTS WERE RECEIVED.
I DID GET ONE QUESTION FROM AN AN ADJACENT PROPERTY OWNER, UM, BUT THEY DID NOT SAY WHETHER THEY WERE FOR OR AGAINST.
THEY JUST WANTED MORE INFORMATION.
UH, THE APPLICANT HAS PLACED A TRAVEL TRAILER ON THE PROPERTY FOR HABITATION.
THE PROPERTY IS LOCATED IN A FLOOD ZONE THAT'S EIGHT BFE.
A TRAVEL TRAILER IN A FLOOD ZONE COULD POSE A RISK TO PUBLIC SAFETY, AND THIS IS AN AFTER THE FACT APPLICATION.
STAFF RECOMMENDS DENIAL OF SUSE 0 0 0 1 5 2 20 25 BASED ON TRAVEL TRAILERS NOT CONTRIBUTING TO A HARMONIOUS COMMUNITY AND A POTENTIAL SAFETY HAZARD OF A TRAVEL TRAILER IN A SPECIAL FLOOD HAZARD AREA.
[01:20:01]
ZONING APPEALS APPROVES THIS SPECIAL USE PERMIT, STAFF RECOMMENDS THE FOLLOWING 11 CONDITIONS, UH, CONDITIONS ONE THROUGH SIX.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 OR TRANSFERRED.
UH, NUMBER FOUR, THE APPROVAL IS FOR ONE UNIT AND IS ONLY FOR THE APPLICANT OR HIS FAMILY.
NUMBER FIVE, THE SPECIAL USE PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF ISSUANCE.
UH, NUMBER SIX, THE APPROVAL DOES NOT INCLUDE SHORT-TERM RENTAL OF THE SITE.
NUMBER SEVEN, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE 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 FLOOD PLAIN REGULATIONS PER ACKMAN 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.
UH, NUMBER 11, A VIOLATION OF ANY OF THESE CONDITIONS WILL RENDER THE SPECIAL USE PERMIT.
LEN FOY, THAT IS THE MOTION I CAN ANSWER ANY QUESTIONS.
IF YOU HAVE ANY QUESTIONS FOR HIM.
COULD I ASK MR. UH, KISS? K? HE HE WOULD GET A CHANCE TO COME.
OH, LET'S MAKE SURE WE DON'T HAVE ANY.
DOES ANYONE? NO, I JUST WANNA MAKE SURE.
NUMBER EIGHT, I'M CLEAR ON IT.
180 DAYS, THEN IT'S GOTTA BE OFF THE PROPERTY FOR 180 DAYS.
SO THEY GET ABOUT A SIX MONTH PERIOD TO USE THE PROPERTY FOR THE TRAVEL TRAILER.
OKAY, MR. NER, WILL YOU COME AND STATE YOUR NAME FOR US? MY NAME IS JOHN KISSNER.
WOULD YOU RAISE YOUR HAND? DO YOU SWEAR TO TELL US THE TRUTH, THE WHOLE TRUTH CONCERNING ALL MATTERS THAT ARE BEFORE US? YES, SIR.
WHAT WOULD YOU LIKE TO TELL US? UM, HOW ABOUT THIS PROPERTY? A YEAR AGO FROM A REALTOR, NOTHING WAS EVER SAID THAT I COULDN'T HAVE A TRAVEL TRAILER ON IT.
AND THIS ONE WAS LEFT ON THE PROPERTY.
TWO OF 'EM WERE LEFT ON THE PROPERTY, THE OTHER ONE WAS PRETTY DILAPIDATED.
I TOTALLY RECYCLED IT AND CLEANED A LOT UP.
SOMEBODY WAS LIVING IN A WOODS IN A MAKESHIFT TENT.
I CLEANED ALL THAT MESS UP AND, UH, I'VE BEEN MOWING IT REGULARLY TO KEEP IT CLEAN.
I BOUGHT IT STRICTLY FOR HUNTING.
UM, THESE RECOMMENDATIONS ARE TOUGH FOR ME.
ONE, I DON'T TECHNICALLY OWN THE TRAVEL TRAILER AS FAR AS A TITLE, SO I DON'T KNOW HOW I WOULD MOVE IT OUT FOR 180 DAYS.
I, I DON'T KNOW WHAT I WOULD DO.
I GUESS I'D HAVE TO APPLY FOR A, A REGISTRATION OR A TITLE OR SOMETHING.
I DON'T KNOW WHO OWNED IT BEFORE THE, THE GENTLEMAN PASSED AWAY WHO OWNED IT.
HIS SON SOLD THE LOT, IS WHAT THE REALTOR TOLD ME.
AND ANOTHER GENTLEMAN OWNED A TRAVEL TRAILER AND DIDN'T COME GET IT.
I EMPTIED IT IN A, UH, ONE OF THOSE TWO WHEEL CARTS, TOOK IT TO TRAILS IN, UH, CAMPGROUND.
THEY HAVE DUMPING STATIONS AND EMPTIED IT AND CLEANED IT ALL OUT.
AND I'VE BEEN USING IT JUST FOR OCCASIONAL HUNTING.
SO I ALSO HAVE TWO AND A HALF ACRES ACROSS THE STREET.
SO I STAY THERE, THEN WALK ACROSS THE STREET AND CLIMB UP THE TREE STAND AND SIT THERE.
AND YOU HAD A QUESTION, SIR? YEAH.
YOU DON'T OWN THAT TRAILER BECAUSE UNLESS TRAILERS CONVEYED BY BILL OF SALE, I KNOW.
SO YOU EITHER HAVE TO GET A SALVAGE TITLE FOR DMV, UH, BUT I GUESS MY POINT IN SPLITTING HAIRS, BUT HE'S MAKING AN APPLICATION FOR SOMETHING HE DOESN'T OWN.
SO HOW CAN HE SIGN FOR IT? SO THIS GOES BACK TO THE FLOOD PLAIN ORDINANCE.
ONE OF THE, ONE OF THE REQUIREMENTS IN THE FLOODPLAIN ORDINANCE, IT'S GOTTA BE TITLED.
SO HE WOULD HAVE TO GO THROUGH THE PROCESS OF, OF GETTING SOME SORT OF TITLE FOR IT IF HE WANTS TO USE IT.
I, I WOULD JUST ADD TO THAT IS, UM, AT LEAST IN THEORY IS, IS I, I GUESS THE WAY I I'M LOOKING AT IT IS, IS THE BBZA WOULD NOT BE GIVING HIM, UH, OR WOULD NOT BE LIMITING HIM TO THIS PARTICULAR TRAILER.
IT WOULD JUST BE GRANTING THE USE OF THIS PROPERTY, UH, FOR A TRAILER.
SO IF HE WANTED TO BUY ANOTHER TRAILER AND, AND PUT IT ON THE PROPERTY, AS LONG AS IT CONFORMS WITH THE CONDITIONS, UM, I BELIEVE, UH, IT WOULD BE ALLOWED.
[01:25:03]
YEAH.THERE, THERE'S, I I, I'VE OWNED TRAILER PARKS.
THERE'S A WAY YOU CAN CLEAN IT UP, BUT IT IS SOMEWHAT LENGTHY.
SAY IF I WAS TOLD TO GET RID OF IT, I DON'T KNOW HOW I'D DO IT BECAUSE I DON'T HAVE A BILL OF SALE.
I DON'T EVEN KNOW THE PERSON WHO OWNED IT BEFORE.
SO I'M KIND OF, I'M KIND OF STUCK.
BUT I DO, I, I ONLY BOUGHT THE LAND FOR HUNTING PURPOSES.
THAT'S ALL MY MONEY DOWN HERE A LITTLE BIT.
AND I DO HAVE A, A TRAVEL TRAILER AND ALL AND TRAILS IN CAMPGROUND.
THAT'S HOW I CAN TAKE THE, UH, THE SEPTIC UP THERE AND DUMP IT IN AN APPROVED DUMPING STATION.
AND YOU LIVE, LIVE ACROSS THE STREET? NO, I LIVE FOUR AND A HALF HOURS AWAY.
IN HAGERSTOWN AREA OF MARYLAND.
BUT, BUT YOU HAVE A PLACE YOU STAY IN TRAILS IN I CAN STAY IN THERE.
I HAVE A CAMPER IN THERE, BUT IT'S, IT'S A LOT MORE CONVENIENT TO STAY RIGHT WHERE YOU'RE HUNTING, WALK OUT THE DOOR AND GO HUNTING.
BUT MY BIGGEST ISSUE TOO IS NOT ANY OF THE PERMITS YOU GUYS ARE ASKING FOR IS IF YOU DO, UH, DO IT, WHAT DO I DO ABOUT THE TRAILER NOT OWNING IT? I GUESS I'D HAVE TO READ UP ON THAT AND FIGURE THAT OUT TOO.
YOU CAN, BUT HE SAID THAT THE PERMIT'S NOT JUST FOR THE TRAILER, IT'S JUST TO HAVE A TRAILER THERE.
AND I WOULD ALSO ADD, SINCE IT'S IN THE FLOODPLAIN, UM, THIS IS GONNA BE A REQUIREMENT OF, APART FROM WHATEVER THE BZA DOES, THERE, THERE ARE REQUIREMENTS IF, IF YOU'RE PUTTING A TRAILER OR HAVE A TRAILER IN THE FLOODPLAIN, THAT IT HAS TO BE ABLE TO BE MOVED AND THEREFORE NOT, NOT ANCHORED DOWN.
WOULDN'T BE INSTEAD OF MOVING OR I'M JUST ASKING THAT.
WELL, NO, THE REQUIREMENT IS, IS THAT IT HAS TO BE ABLE TO BE MOVED.
WELL, NO, I, I UNDERSTAND WHAT YOU'RE SAYING NOW.
UM, BUT WE HAVE SOMEBODY WHO DEALS WITH THE FLOOD PLANE FULL TIME, SO I HAVE TO ASK HIM TO BE ABSOLUTELY CERTAIN.
BUT I AM, UH, I DO KNOW THAT YOU DO HAVE TO HAVE THE ABILITY TO MOVE IT.
UM, IF YOU, I MEAN, I THINK THE ONLY ALTERNATIVE IS WOULD BE PUT IT ON A FOUNDATION, BUT THEN YOU GOTTA DEAL WITH THE BUILDING DEPARTMENT AND THERE'S BASICALLY NO PROBLEM TO COMPLY WITH BUILDING.
I JUST WANT THIS TO GO HUNTING FEW WEEKS OUTTA THE YEAR.
ANY OTHER QUESTIONS? NO, THANK YOU MR. GAS.
SO, SO DOES THE OWNERSHIP CAR IS CART AND A HORSE THING IS THE OWNERSHIP? I MEAN, WE'RE, IT IT IS LIKE WHAT MR. WATSON SAID.
YOU'RE NOT NECESSARILY APPROVING THIS TRAILER, RIGHT? RIGHT.
YOU'RE APPROVING THE USE OF A TRAVEL TRAILER.
SO MAY I ASK THE QUESTION? IF YOU DO APPROVE IT, THEN I HAVE 180 DAYS BASICALLY TO GET THE TRAILER IN MY NAME SO I CAN MOVE IT OFF THERE IF IT'S EVEN MOVABLE.
IF IT'S NOT MOVEABLE, I GUESS I HAVE TO SALVAGE IT OR SOMETHING.
IT'S ABOUT $3,000 TO DO IT THROUGH THE COUNTY DISPOSAL.
ARE WE READY TO MAKE A MOTION? IT'S WE CAN APPROVE, DENY, OR MOVE IT TO THE NEXT MEETING.
WE HAVE APPROVED TRAVEL TRAILERS ON A TEMPORARY BASIS FOR HUNTING REASONS.
THAT'S, THAT'S WHAT I'M TRYING TO GET AT WITH THE, WITH THE CONDITION ABOUT THE 180 DAYS MM-HMM
I'M TRYING TO PUT IN THE CONDITIONS THAT THIS IS TEMPORARY AND THAT'S A COMPONENT OF THE FLOODPLAIN REG THAT IS ALSO A COMPONENT OF THE FLOODPLAIN REGS.
BUT THE FLOODPLAIN REGS ARE, YOU CAN'T HAVE IT FOR 180 CONSECUTIVE DAYS.
DAYS DAY 1 79, YOU COULD TAKE IT OFF AND PUT IT BACK ON DAY 180 1 AND YOU'VE GOT 180 MORE DAYS WHERE THIS IS, OR, OR I THOUGHT IT HAD TO BE OFF 180 OFF A HUNDRED.
THAT'S WHY I JUST ASKING ABOUT HUNDRED 80.
THAT'S, THAT'S, THAT'S THE CONDITION THAT I HAVE.
HOW, HOW I READ THE FLOODPLAIN ORDINANCE IS IT HAS TO BE, IT CAN ONLY BE THERE FOR 180 CONSECUTIVE DAYS.
THERE'S NO HOW LONG IT'S GOTTA BE OFF FOR IN THE FLOODPLAIN ORDINANCE.
SO THEY COULD, THEY COULD TAKE IT OFF.
DAY 1 79, DAY 180 1, THEY PUT IT BACK ON.
TECHNICALLY, ACCORDING TO THE FLOODPLAIN RES, IT'S OKAY.
AND THAT'S WHY, THAT'S WHY THAT CONDITION'S MADE.
SO YOU'RE SAYING SIX MONTHS ON, SIX MONTHS
[01:30:01]
ON BA.THE QUESTION IS, HE'S SAYING THAT, BUT THE REG SAYING, I JUST HAVE TO MOVE IT ONE DAY.
WELL, THE CONDITIONS ARE IN ADDITION TO WHAT THE REGULATIONS ARE CONDITIONS CAN BE.
THAT'S WHY I ASKED YOU TO CORRECT, TO CLARIFY THAT.
DOES THE COUNTY ENFORCE THIS, UH, MIKE MILBURN'S SITTING IN THE BACK? YES.
AND I, WHICH ONE DO WE ENFORCE THOUGH? WHAT HE'S SUGGESTING OR I HAVE TO KNOW IT ALL FOR ONE THAT NO, WE'RE SUGGESTING THE CONDITIONS HE HAS.
HE SAID, EVEN THOUGH THIS SAYS, GREG SAYS THIS, YOU'RE GETTING A SPECIAL USE PERMIT, THEY CAN PUT WHATEVER CONDITIONS WE WANT ON.
SO HE'S PUTTING CONDITIONS 180 DAYS ON.
WELL, AND UH, MY THOUGHT PROCESS IS THAT WE HAVE THE, THE PEOPLE COMING HERE, MULTIPLE PEOPLE WANTING TO ACCESS OUR AREA PRIMARILY FOR HUNTING AND FISHING.
AND, UH, SO, UH, I WANT TO ENCOURAGE THAT.
THAT'S PART OF MACK COUNTY AND PEOPLE WANT TO COME DOWN HERE.
AND WE'VE GOT ONE WHERE IT WAS JUST, THEY COME DOWN FOR A DAY OR TWO AND THAT'S IT.
OR A MINIMAL AMOUNT OF TIME AND NOT FOR FULL-TIME OCCUPANCY.
AND, UH, UH, SOMEHOW WE'RE GONNA HAVE TO GET IT TO WHERE THE, THE RIGS WILL MAYBE SPECIFICALLY ADDRESS THAT.
UM, AND, YOU KNOW, I, I WANT TO SUPPORT THAT.
UH, AND REGARDING THE OWNERSHIP OF THE TRAILER, THAT'S NOT OUR PURVIEW.
YOU KNOW, THAT HE'S SOMETHING HE'S GOTTA WORK OUT ON HIS OWN.
AND, UH, UH, AND OBVIOUSLY HE HAS ANOTHER RV.
UH, SO, UH, I'LL MAKE A MOTION TO I MOVE THAT TO AKIMA COUNTY BOARD.
IT WAS OWNING APPEALS APPROVED SUSC 0 0 0 1 5 2 DASH 2025 SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 5 3 1 4 TO ALLOW FOR A TRAILER TR TRAILER HABITATION WITH THE 11 CONDITIONS RECOMMENDED BY STAFF.
DID WE HAVE A TIME ON THAT? IT WAS, UH, ONE YEAR.
DO, DO WE HAVE A SECOND ON THAT? I SECOND.
I STILL DON'T UNDERSTAND THAT FIRST ONE.
WHAT OTHER PERMITS DO ARE MY REPORT? IT, IT'S, IT'S A CATCHALL IN THE EVENT THAT YOU WOULD NEED OTHER PERMITS.
I DON'T, I DON'T FORESEE A SITUATION WHERE WE DO, WE KEEP THAT IN THERE JUST IN CASE.
THAT'S, I THINK THAT ENDS A PUBLIC HEARING.
UH, STAFF, DO WE HAVE ANY ADDITIONAL STAFF REPORT? SO WE HAVE, UM, FOR DECEMBER, WE HAVE, UH, SUSE 0 0 0 0 97.
SO CHAPMAN WILL GO TO DECEMBER.
SO NOW WE'VE GOT CHAPMAN'S CASE, AND THEN WE'VE GOT, UH, A COUPLE SPECIAL USE PERMITS.
UH, ONE SPECIAL USE PERMIT WILL END UP BEING TWO.
IT'LL BE FOR, UM, UH, HABITATION OF AN RV, AND THEY'RE ALSO ASKING FOR PERMISSION FOR BUNKHOUSES.
UM, THEN WE HAVE ONE FOR AN ACCESSORY DWELLING UNIT WITH VARIANCES.
UM, A VARIANCE FOR, UH, SIDE SETBACKS IS, UH, SOMEBODY WANTS TO PUT A MANUFACTURED HOME ON THE PROPERTY.
THEY DON'T MEET SIDE SETBACKS.
UM, AND THEN I HAVE THREE MORE RV CASES.
UH, ONE CASE IS FOR 12 RVS, ONE CASE IS FOR EIGHT RVS, AND ONE CASE IS FOR, UH, TEMPORARY HABITATION WHILE THEY BUILD A HOUSE.
SO THAT'S, THAT'S WHAT'S COMING UP.
UM, I GUESS I SHOULD HAVE DONE THIS IN THE BEGINNING.
I'M, I MEAN, YOU GUYS KNOW A SEA BOLT BY NOW.
UM, AND THAT'S, UM, THAT'S ALL I HAVE, UM, PAUL.
DO, DO WE HAVE A MOTION TO ADJOURN? SO MOVED.