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ZONING APPEALS.[Board of Zoning Appeals on December 3, 2025.]
TO ORDER OUR DECEMBER 3RD MEETING FOR 2025.I'M GONNA ASK ALL THE BOARD MEMBERS IF THEY WOULD INTRODUCE THEMSELVES, JUST SO YOU WOULD KNOW WHO YOU ARE SPEAKING TO OR WHO'S SPEAKING.
LYNN GALE RECIE MILLMORE, A SEA BOLT, LOGAN HOLLAND.
DO I HAVE A MOTION THAT, UH, WE ACCEPT THE AGENDA AS PRINTED BEFORE US? SO MOVED.
UH, HOPEFULLY EVERYONE'S HAD A CHANCE TO REVIEW ALL THE MINUTES FROM THE, THE LAST MEETING.
UH, I ALREADY TALKED TO THE SECRETARY ABOUT SOME OF THE NECESSARY CORRECTIONS, AND I THINK GRACIE HAS ANOTHER THAT WE NEED TO MAKE SURE WE GET ON FILE.
ON LINE TWO 30, MR. GALE MOVED AT THE MACK COUNTY BOARD OF ZONE APPEALS DENIED.
AND, AND THAT DIDN'T, THAT DIDN'T GET A SECOND.
AND, AND WE'RE GONNA ADD IN ALL OF THE, UH, THE VOTES FOR THE LAST, FOR ALL OF THE, THE, THE PROCEDURES THAT CAME BEFORE US.
SO WITH ALL THE NECESSARY CORRECTIONS, UH, DO WE HAVE A MOTION TO ACCEPT THE MINUTES FROM THE LAST MEETING? MOVE TO ACCEPT SECOND.
NOW'S OUR TIME TO GO TO THE PUBLIC MORNING EVERYBODY.
I'M THE, UH, CODE ENFORCEMENT OFFICER FOR ZONING.
UM, WE'VE GOT FOUR CASES TODAY.
UM, THE FIRST CASE IS, UH, DONALD CHAPMAN.
UH, THIS IS 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 THE AGRICULTURAL DISTRICT.
UM, THIS IS A CASE THAT'S BEEN, UH, DEFERRED A COUPLE TIMES, SO A LOT OF THIS SHOULD BE FAMILIAR.
I'LL QUICKLY GO THROUGH THE SLIDES.
UH, THE LOCATION IS 53 DASH A DASH 79, UM, AND THE, IT IS LOCATED ON WINTERVILLE ROAD.
UM, APPROXIMATELY 18 ACRES ZONED AGRICULTURAL, UH, ADJACENT ZONINGS ARE ALSO AGRICULTURAL ADJACENT USES ARE RESIDENTIAL AND AGRICULTURAL.
YOU'VE GOT, UM, SOME FARMLAND AND SOME SINGLE FAMILY DWELLINGS IN THE VICINITY.
SO THIS IS, UH, THE SITE, UH, ZONED AG.
UH, FUTURE LAND USE RECOMMENDATION IS ALSO AG, UH, NOT IN RPA.
IT IS LOCATED IN A FLOOD ZONE.
THE, THE PROPOSED SITE IS IN THAT LOCATION THERE.
UM, SO IT WOULD BE AN EIGHT BFE.
THESE ARE SOME PICTURES OF THE SITE.
UM, THIS IS WINTERVILLE ROAD GOING NORTH, WINTERVILLE ROAD GOING SOUTH.
AND THIS IS, UH, LOOKING AT THE FRONT OF THE PROPERTY.
THERE IS, UM, A BIT OF TREES THAT SCREENS THE PROPERTY FROM THE ROAD.
UM, AND ALSO THERE ARE MULTIPLE ACCESSORY STRUCTURES ON THE PROPERTY THAT WE ARE TRYING TO GET, UM, SPECIAL USE PERMITS FOR.
UM, THIS IS THE SITE PLAN SHOWING ALL OF THE DIFFERENT, UM, ACCESSORY STRUCTURES AND THE, THE RV.
SO WE'RE GONNA START WITH THE SPECIAL USE PERMIT FOR THE TRAVEL TRAILER SPECIFICALLY.
UH, NUMBER ONE, WHETHER 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 ARE UNATTRACTIVE.
UH, NUMBER TWO, WHETHER 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 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
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AND WATERFRONT AREAS.UH, THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS.
NUMBER FIVE, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
UH, KNOW THE USE OF THE TRAVEL TRAILER FOR HABITATION IN ONE LOCATION ADVERSELY IMPACTS THE VALUE OF ADJOINING AND 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.
UH, NUMBER SEVEN, WHETHER PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS.
THE TRAVEL TRAILERS ARE NOT DESIGNED FOR USE IN ONE LOCATION.
CONS, CONTINUOUSLY, AND THERE IS NO WATER OR SEPTIC AVAILABLE.
UH, THE BZA HAS GRANTED SUVS FOR THIS TYPE OF USE AT PREVIOUS MEETINGS.
NO LOCAL LAWS, ORDINANCES, OR REGULATIONS ARE AFFECTED.
UH, AND 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.
NOW WE GET INTO, UH, THE ACCESSORY STRUCTURES THAT WE ARE SEEKING SPECIAL USE PERMITS FOR, UH, NUMBER ONE, WHETHER PROPOSED 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 RESULT 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, NO ADVERSE IMPACT IS ANTICIPATED.
UM, SHEDS ARE ALLOWED IN VARIOUS PLACES AS IN THE ZONING ORDINANCE AS AN ACCESSORY USE.
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.
NUMBER FIVE, WHETHER 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, 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, YES, ACCESSORY STRUCTURES WITHOUT PRIMARY STRUCTURES ARE ALLOWED BY SPECIAL USE PERMIT.
UH, NUMBER EIGHT, WHETHER GRANTED THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.
THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
UH, UTILITIES, THE SITE DOES NOT HAVE A SEPTIC SYSTEM.
THE OWNER'S RESPONSIBLE FOR THE DISPOSAL OF WASTE.
THE PROPERTY IS LOCATED ALONG WINTERVILLE ROAD.
WINTERVILLE ROAD IS A VDOT MAINTAINS SECONDARY ROAD, AND I WOULD SAY IT'S AN AVERAGE CONDITION.
UH, THE PARCEL IS IN A FLOOD ZONE.
AS YOU SAW ON THE AERIAL MAPS, UH, PUBLIC COMMENT NOTICES WERE, WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
NO PUBLIC COMMENTS HAVE BEEN RECEIVED.
UH, STAFF FINDINGS, THERE ARE FOUR.
UH, THE OWNER OF THE PROPERTY HAS PLACED A TRAVEL TRAILER AND ACCESSORY STRUCTURES ON THE PROPERTY.
ALL OF THESE, UH, USES REQUIRE A SPECIAL USE PERMIT.
TRAVEL TRAILERS CAN HAVE A NEGATIVE IMPACT ON PROPERTY VALUES AND DO NOT CONTRIBUTE TO AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UM, AND ALSO A POLE BUILDING WAS APPROVED, UM, BY SUSE 4 61 20 23.
HOWEVER, WHAT WAS BUILT WAS A SHOOTING PLATFORM AND DIFFERENT FROM WHAT WAS APPROVED.
I WILL SAY THAT MR. CHAPMAN HAS BEEN WORKING WITH THE BUILDING OFFICIAL TO TRY AND REMEDY, UM, SOME OF THESE ISSUES THAT WE'VE COME UP WITH.
UM, SO WE'RE, WE'RE WORKING THROUGH THAT.
UM, THE OTHER, THE OTHER STAFF FINDING IS SUSE 4 61 20 23 APPROVED A, UM, UH, AN RV FOR THREE YEARS.
SO WHAT IS GOING TO HAPPEN IS WE ARE GOING TO, UM, UM, IF IT'S APPROVED, WE WOULD EXTEND THAT EXISTING, UH, APPROVAL FOR THAT RV.
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 53 14 FOR TRAVEL TRAILERS LOCATED OUTSIDE OF TRAVEL TRAILER PARKS, WHICH ARE TO BE OCCUPIED FOR HABITATION OR STORAGE OF CHATTELS.
IF THE BOARD OF ZONING APPEALS APPROVES THIS SPECIAL USE PERMIT,
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STAFF RECOMMENDS THE FOLLOWING EIGHT CONDITIONS.UM, NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
UH, NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND PLOT PLAN AS SUBMITTED.
NUMBER THREE, THE SPECIAL USE PERMIT SHALL BECOME NULL AND VOID SHOULD THE PROPERTY BE SOLD OR TRANSFERRED.
UH, NUMBER FOUR, THE APPROVAL IS FOR ONE UNIT AND IS ONLY FOR THE APPLICANT OR HIS FAMILY.
A VIOLATION OF THIS CONDITION SHALL RENDER THE SPECIAL USE PERMIT AND I'LL VOID.
UH, THE SPECIAL USE PERMIT SHALL EXPIRE.
SO WE'RE TALKING ABOUT THE TRAVEL TRAILER PORTION.
UM, WHAT WE WOULD END UP DOING IS THE, UH, TRAVEL TRAILER'S ORIGINAL PERIOD OF EXISTENCE WAS THROUGH, UH, MARCH OF 2026.
WE WOULD EXTEND IT ONE YEAR TO MARCH OF 2027, SO THAT THAT WOULD BE ADJUSTED TO REFLECT THAT CHANGE.
UM, 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.
AND NUMBER EIGHT, THE APPLICANT SHALL COMPLY WITH ALL FLOODPLAIN REGULATIONS, INCLUDING THE 180 DAY LIMIT FOR TRAVEL TRAILERS BEING STATIONARY ON THE PARCEL.
SO NOW WE GO TO THE ACCESSORY STRUCTURE PORTION.
UH, THE STAFF RECOMMENDS APPROVAL OF THE ACCESSORY STRUCTURE PORTION OF SUSE 97 20 25, A SPECIAL USE PERMIT PURSUANT TO ABA COUNTY CODE SECTION 1 0 6 53 27 FOR A USE OF LAND NOT SPECIFICALLY LISTED AS A USE PERMITTED BY RIGHT OR BY SPECIAL EXCEPTION, SPECIAL USE IN THE AGRICULTURAL DISTRICT REGULATIONS, WHICH IS CLEARLY SIMILAR AND COMPATIBLE WITH THE, THE USES LISTED THEREIN.
IF THE BOARD OF ZONING APPEALS APPROVES THIS SPECIAL USE PERMIT, STAFF RECOMMENDS THE FOLLOWING FOUR CONDITIONS.
UH, NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE CARIES COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION PLOT PLAN AS SUBMITTED.
UH, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE ACCESSORY STRUCTURES ARE ON SITE AND THE APPLICANT SHALL COMPLY WITH ALL FLOOD PLANT REGULATIONS.
THOSE ARE THE MOTIONS AND I CAN ANSWER ANY QUESTIONS.
YOU HAVE ALSO, MR. CHAPMAN'S HERE IF YOU HAVE ANY QUESTIONS FOR HIM.
I HAVE A QUICK QUESTION FOR YOU.
NOW, ACCORDING TO WHAT I THOUGHT I HEARD YOU SAID MM-HMM
THE TRAVEL TRAILER ALREADY HAS PERMISSION UP UNTIL MARCH OF 22.
AND SO NO MATTER WHAT WE DO, HE STILL WILL HAVE USE OF IT TILL MARCH OF 2026.
WHAT WE'RE ASKING IS, UM, IF YOU DO APPROVE, WE WOULD, INSTEAD OF MARCH, 2026, IT WOULD BE MARCH OF 2027.
I THOUGHT I WAS HEARING IF WE DENY IT, BUT APPROVE THE ACCESSORY STRUCTURE, IT WILL STILL GO TO 27.
NO, NO, THAT'S NOT THE, WE WERE, UM, THAT'S A LITTLE BIT OF A MISTAKE ON MY PART.
IF I HAD A CHANCE TO DO THIS OVER AGAIN, I PROBABLY WOULD'VE SEPARATED THESE INTO TWO SEPARATE CASES.
BUT, UM, WHAT WE'RE TRYING TO DO IS IF, IF THE ACCESSORY STRUCTURE PORTION IS APPROVED, HE WOULD HAVE USE OF THE TRAVEL TRAILER UNTIL MARCH OF 26.
IF MARCH OF 26, THAT USE IS GONE AND HE WOULD JUST BE LEFT WITH THE SPECIAL USE PERMIT FOR THE TRAVEL TRAILERS.
UH, MR. JONES QUESTION UNDER THE 2023, UH, APPROVAL, UH, WAS HE MEANT TO HAVE THIS TRAVEL TRAILER OFF THE PROPERTY FOR 180 DAYS? UH, AFTER 180 DAYS? NO, SIR.
NOW, THE FLOODPLAIN REGULATIONS ARE WHAT THE FLOODPLAIN REGULATIONS ARE.
SO WHILE IT'S NOT, WHILE IT MAY NOT BE IN THE SPECIAL USE PERMIT, IT IS STILL SOMETHING THAT HAS TO BE FOLLOWED.
SO HE WAS MEANT TO HAVE MOVED IT FOR, UH, HALF THE, FOR HE WAS MEANT TO HAVE REMOVED IT FROM THE SITE FOR 180 DAYS.
SO HOW IT READS TO MYSELF AND ALSO OUR FLOODPLAIN MANAGER IS YOU'RE ALLOWED TO HAVE IT ON SITE FOR 180 DAYS.
TECHNICALLY ON DAY 1 79, YOU CAN MOVE IT OFF.
AND THEN ON DAY 180 1, PUT IT BACK ON THERE AND IT RESETS.
THAT'S WHAT IT SEEMS TO INDICATE TO ME.
DO YOU KNOW IF HE'S BEEN FO UH, THE OWNER'S BEEN FOLLOWING? I, I AM NOT SURE.
WE, WE'LL HAVE A CHANCE TO TALK TO HIM AS SOON AS WE'RE DONE.
WERE THERE ANY, UM, UH, CONDITIONS WITH THAT 2023 SPECIAL
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USE PERMIT? AND IF THERE WERE, HAVE ALL THESE BEEN FOLLOWED? THE CONDITIONS? THERE WERE THREE CONDITIONS.ONE OF THE CONDITIONS HAD TO DEAL WITH.
UM, THE ACCESSORY STRUCTURE THAT WAS APPROVED, UM, IS, AS FAR AS I'M AWARE, WHAT HE GOT APPROVAL FOR.
AND WHAT HE ACTUALLY PLACED WERE TWO SEPARATE THINGS.
SO WHILE THE CONDITIONS, SO NO, THE CONDITIONS WERE NOT MET BECAUSE WHAT WAS, HE WAS APPROVED FOR A POLE BUILDING.
HE WAS NOT APPROVED FOR WHAT HE ACTUALLY DID, WHICH WAS THAT SHOOTING PLATFORM THAT WE TALKED ABOUT EARLIER.
DO WE HAVE ANY OTHER QUESTIONS FOR GIN THIS TIME? IF NOT, MR. CHAPMAN IS HERE.
MS. SE, IF YOU'LL JUST GIVE US A MOMENT.
MR. CHAPMAN, IF YOU WISH TO SPEAK TO US.
WHEN YOU COME FORWARD, WOULD YOU, UH, STATE YOUR NAME, NAME? DONALD CHAPMAN.
WOULD YOU RAISE YOUR RIGHT HAND? DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, CONCERNING ALL THE MATTERS THAT ARE BEFORE US? I DO.
UM, REGARDING THE ACCESSORY STRUCTURES, THE, THE PLAN I SUBMITTED WAS, WAS CLEARLY DRAWN OUT AND, UM, THE PREVIOUS FOLKS THAT WERE IN BUILDING TOLD ME THAT THEY WOULD JUST CALL IT A POLE BARN.
UM, THE PLATFORM ON TOP OF IT IS IN FACT A SHOOTING PLATFORM, BUT AT ONE TIME I DID HAVE A SMALLER RV THAT I OWNED BEFORE UNDERNEATH OF IT, WHICH IS WHAT THE ORIGINAL SUBMISSION WAS FOR, WAS TO BUILD THE, BUILD THE, UH, STRUCTURE AND HAVE THE, UH, UM, THE RV UNDERNEATH OF IT.
SO FROM THAT CASE AND REGARDING THE 180 DAY, YES, UH, BOTH OF THE RVS THAT I'VE, UH, HAD ON THE PROPERTY WERE OUT NUMEROUS TIMES.
AND, UM, THE RV THAT'S ON THERE NOW HAS BEEN OUT, UH, WAS ACTUALLY OUT TWICE IN 2025 OFF THE PROPERTY, UM, FOR OVER A WEEK AT A TIME.
SO I HAVE, UH, CONSCIENTIOUSLY MET THOSE, UH, REQUIREMENTS.
SO, UM, REGARDING THE RV, I, SINCE I WAS HERE IN AUGUST, THINGS HAVE CHANGED.
I NO LONGER HAD THE ABILITY TO FIGHT WITH THIS ANYMORE.
I WAS DIAGNOSED WITH PANCREATIC CANCER, HAD MAJOR SURGERY.
I ALSO HAD A HEART ATTACK LESS THAN A MONTH AGO.
UM, I WOULD ASK THE BOARD IF YOU COULD EXTEND, UM, THE RV.
I WOULD BE VERY GRATEFUL, BUT I'M NO LONGER, UM, THIS SITUATION WILL LIKELY RESOLVE ITSELF BECAUSE I DOUBT THAT I WOULD LIVE OUT ANOTHER TWO, THREE YEARS OF HAVING THE, UH, RV ON THE PROPERTY, AT WHICH TIME MY WIFE HAS ALREADY, UH, BEEN INSTRUCTED IN MY, UH, MY FINAL WISHES TO SELL OFF THE PROPERTY AND EVERYTHING THAT'S ON IT.
ANY OTHER QUESTIONS FOR JUST A PROCEDURE QUESTION? WHEN YOU MOVE THE, THE, THE RV, DO YOU CONTACT THE COUNTY TO LET THEM KNOW THAT OKAY, IT'S BEING REMOVED AND WHEN IT COMES BACK SO THAT THEY KNOW THAT THE CLOCK RESTART? I, I DON'T KNOW HOW THAT KIND OF WORKS OUT.
NO, THERE'S, TO MY KNOWLEDGE, THERE'S NO REQUIREMENT.
THERE IS, THERE IS NOT ANY, ANYTHING IN PLACE.
I MEAN, WE CAN ADD THAT AS A CONDITION WHERE MR. CHAPMAN COULD GIVE US A CALL AND SAY, HEY, UM, I AM, I'M MOVING IT.
AND WE WOULD COME OUT AND CONFIRM THAT IT'S BEEN REMOVED AND HE COULD COME, COME IN, COME BACK IN, TELL US, HEY, I'VE PUT IT BACK SO WE COULD RESET THE 180 DAY MARK.
WE COULD ADD THAT AS A POSSIBLE CONDITION.
WELL, I KNOW WE, WE'VE HAD THAT IN SEVERAL THAT WE'VE DEALT WITH ON RVS, AND I'M JUST WONDERING HOW THAT WORKS OUT THAT YOU GUYS KNOW THAT THAT'S BEING WELL, AS, AS WITH THE MORE RECENT ONES, UM, WE KEEP, WE KEEP BETTER TABS ON THOSE BECAUSE WE KNOW THE DATE.
UM, WE HAVE MR. MILLBURN THAT KEEPS A FAIRLY GOOD TAB ON ON THOSE THINGS, AND I TRY TO MAKE, MAKE MY ROUNDS AS, AS AVAILABLE.
UM, BUT AS FAR AS THIS CASE, WE COULD DEFINITELY PUT ANOTHER CONDITION IN THERE JUST TO MAKE IT CRYSTAL CLEAR.
HEY, WHEN YOU'RE GONNA MOVE IT, LET US KNOW.
I, I, IT REALLY WASN'T IN REFERENCE TO JUST HIM.
I KNOW WE'VE BEEN DEALING WITH THAT.
AND THAT, AND THAT'S A CONDITION THAT WE COULD ADD IN THE FUTURE AS WELL.
DOES ANYBODY HAVE ANY OTHER QUESTIONS FOR MR. CHAPMAN OR, OKAY.
ARE WE READY FOR A MOTION? MM-HMM
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ACK COUNTY BOARD OF ZONING APPEALS DENY THE TRAVEL TRAILER FOR SUSC 0 0 0 0 9 7 DASH 2 0 2 5.A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 1 4 FOR TRAVEL TRAILERS LOCATED OUTSIDE OF TRAVEL TRAILER PARKS, WHICH ARE TO BE OCCUPIED FOR HABITATION OR STORAGE OF CHATTELS WITH THE FOUR CONDITIONS RECOMMENDED BY STAFF.
DO WE HAVE A SECOND ON THAT? SECOND.
DO WE HAVE A MOTION ON THE, UH, THE SECOND PORTION OF THAT FOR THE ACCESSORIES? I MOVE THAT THE AIMA COUNTY BOARD OF ZONING APPEALS APPROVE THE ACCESSORY STRUCTURES FOR USE 0 0 0 0 9 7 DASH 2 0 2 5.
A SPECIAL USE PERMIT PURSUANT TO AIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 2 7 FOR USE OF LAND NOT SPECIFICALLY LISTED AS A USE PERMITTED BY RIGHT OR SPECIAL EXCEPTION, SPECIAL USE IN AGRICULTURAL DISTRICT REGULATIONS, WHICH IS CLEARLY SIMILAR AND COMPARABLE, COMPATIBLE WITH THE USES LISTED THEREIN WITH THE TWO CONDITIONS RECOMMENDED BY STAFF, IT WOULD ACTUALLY BE, UH, FOUR CONDITIONS.
DO WE HAVE A SECOND? I SECOND.
SO, UH, THE SECOND CASE IS, UH, BETTY SEWELL ON BEHALF OF IDA N DAB.
UH, THIS IS, UH, VARIANCE 0 0 0 1 6 7 20 25.
AND THIS IS A, UH, SIDE SETBACK, VARIANCE, UH, BACKGROUND.
THE APPLICANT IS BETTY SEWELL.
THE PROPERTY OWNER IS IDA NAB.
UH, THE LOCATION IS 2 2 1 4 8 WILLIS STREET, OR, UH, ONE 13 B DASH A DASH 41, UH, ELECT.
ELECTION DISTRICT IS DISTRICT EIGHT, UH, 0.48 ACRES.
THE FUTURE LAND USE RECOMMENDATION IS AGRICULTURAL.
UM, CURRENT AND PROPOSED USES ARE BOTH SINGLE FAMILY HOMES.
UM, ADJACENT ZONINGS ARE RESIDENTIAL AND ADJACENT USES ARE ALSO SINGLE FAMILY HOMES.
THIS IS THE PROPERTY, UM, TO THE EAST.
YOU HAVE THE TOWN OF W CREEK, UM, TO THE WEST.
YOU'RE GOING TO EVENTUALLY RUN INTO, UH, DRUMMOND TOWN ROAD.
UH, ZONE RESIDENTIAL, UH, FUTURE LAND USE RECOMMENDATION IS AGRICULTURAL, UH, NOT OF RPA.
IT IS LOCATED IN A FLOOD ZONE.
THESE ARE SOME PICTURES ON THE SITE.
TWO OF THIS IS WILLIS STREET, GOING BACK TOWARDS DRUMMOND TOWN ROAD.
AND THIS IS WILLIS STREET GOING TOWARDS RE THIS IS A VIEW OF THE PROPERTY FROM THE FRONT OF THE BUILDING.
UM, THIS IS AN EXISTING, UH, HOME THAT WILL BE DEMOLISHED AS PART OF THIS, UH, SPECIAL USE PERMIT, OR EXCUSE ME, AS PART OF THE VARIANCE.
UM, AND THEN, UM, BACK HERE IS THE, UH, APPROXIMATE LOCATION OF THE SITE.
THERE IS SOME BRUSH AND SOME THINGS THAT THEY WOULD HAVE TO CLEAR OUT.
UH, WHAT THEY'RE ASKING FOR IS A VARIANCE OF 1.8 FEET.
SO THIS IS A 13.2 FEET HERE, WHICH IS 1.8 FEET ENCROACHING INTO THE 15 FOOT SIDE SETBACK.
UM, THIS, THESE ARE SOME, UH, BUILD PLANS.
THIS IS THE FOUNDATION PLAN, AND THIS IS THE LAYOUT OF THE MANUFACTURED HOME.
SO THEN WE GET INTO CONSIDERATIONS FOR VARIANCE APPLICATIONS.
UH, NUMBER ONE, STRICT APPLICATION VERSUS RE UH, STRICT APPLICATION, UNREASONABLE RESTRICTION VERSUS ALLEVIATING HARDSHIP FROM A PHYSICAL CONDITION.
THE APPLICANT COULD ROTATE THE ORIENTATION OF THE MANUFACTURED HOME IN A WAY THAT IT COULD MEET THE SETBACK REQUIREMENTS OR THE APPLICANT COULD BUILD WITHIN THE SETBACKS.
UH, NUMBER TWO, UH, WAS THE PROPERTY ACQUIRED IN GOOD FAITH AND NOT A SELF-CREATED HARDSHIP? UH, YES.
THE PROPERTY HAS BEEN IN THIS FAMILY FOR GENERATIONS.
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THE NEED FOR A VARIANCE.UM, NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.
UH, NO SUBSTANTIAL DETRIMENT IS ANTICIPATED.
THIS USE IS OTHERWISE PERMITTED BY RIGHT IN THE RESIDENTIAL DISTRICT.
UH, IS THIS A GENERAL OR RECURRING ENOUGH IN NATURE TO AMEND THE ORDINANCE? UH, THE ANSWER THERE IS NO, THIS VARIANCE REQUEST IS SPECIFIC TO THIS CASE.
UH, NUMBER FIVE, WHETHER THIS USE WILL RESULT IN A USE NOT OTHERWISE PERMITTED.
UH, NO SINGLE FAMILY DWELLINGS AND CATEGORY TWO MANUFACTURED HOMES ARE ALLOWED BY WRIGHT IN THE RESIDENTIAL DISTRICT.
UH, NUMBER SIX IS THE REMEDY SOUGHT AVAILABLE THROUGH SPECIAL EXCEPTION.
UH, THE ANSWER THERE IS NO, A VARIANCE APPLICATION IS THE ONLY WAY TO ADDRESS THIS REQUEST.
UH, UTILITIES OVERHEAD UTILITIES ARE ON WILLOW STREET.
THE APPLICANT IS REPLACING THE EXISTING S UH, SEPTIC SYSTEM WITH A NEW ONE THAT YOU SAW ON THE SITE.
UH, TRANSPORTATION OF STREETS WILL STREET IS A VDOT MAINTAINS SECONDARY ROAD, AND IT IS IN AVERAGE CONDITION.
THE PROPERTY IS LOCATED IN A SPECIAL FLOOD HAZARD AREA SEVEN BFE AND WILL NEED TO COMPLY WITH THE FLOODPLAIN ORDINANCE.
UH, PUBLIC SAFETY, UH, NONE FOR THIS CASE.
THE USE IS NO MORE INTENSIVE THAN WHAT IS ALREADY ON THE PROPERTY.
SO WE'RE TAKING AWAY ONE RESIDENTIAL STRUCTURE AND ADDING ANOTHER, UH, PUBLIC COMMENT, UH, NOTICES PROVIDED IN THE NEWSPAPER HAD TO ADJACENT OWNERS PER STATE LAW, AND NO PUBLIC COMMENTS HAVE BEEN RECEIVED AT THIS POINT.
UM, FINDINGS, THE APPLICANT REQUESTS A VARIANCE OF 1.8 FEET FROM THE 15 FOOT SIDE SETBACK REQUIREMENT.
UH, THE APPLICANT PROPOSES TO PLACE A MANUFACTURED HOME ON THE PROPERTY THAT IS 13.2 FEET FROM THE SIDE LOT LINES.
AND NUMBER THREE, THE APPLICANT COULD ROTATE THE ORIENTATION OF THE MANUFACTURED HOME IN SUCH A WAY THAT IT COULD MEET THE SETBACK.
UH, RECOMMENDATIONS THE STAFF DOES NOT TYPICALLY MAKE RECOMMENDATIONS ON VARIANCES.
HOWEVER, THE APPLICANT HAS NOT MET THE REQUIREMENTS SET FORTH IN THE VARIANCE QUESTIONS BECAUSE THE USE OF THE PROPERTY IS NOT UNREASONABLY RESTRICTED, UH, RESTRICTED, AND THE HARDSHIP IS SELF-CREATED.
HOWEVER, SHOULD THE BZA GRANT, THE VARIANCE STAFF SUGGEST THE APPROVAL BE SUBJECT TO THE FOLLOWING SEVEN CONDITIONS PROVIDED IN YOUR AGENDA.
UH, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S BUILDING DEPARTMENT, THE VIRGINIA DEPARTMENT OF HEALTH, AND THE VIRGINIA DEPARTMENT OF UH, TRANSPORTATION FOR THE PROPOSED STRUCTURE.
UH, NUMBER TWO, THE BUILDING APPLICATION MUST BE CONSISTENT WITH THE VARIANCE APPLICATION.
UH, NUMBER THREE, THE APPLICANT, UM, SHALL CLEARLY FLAG ALL FOUR CORNERS OF THE PROPERTY AND THE PROPOSED FOOTPRINT.
UM, A, THIS DELINEATION MUST BE CERTIFIED BY A LICENSED SURVEYOR TO ENSURE COMPLIANCE AND ACCURACY.
UH, AND B, THE PROPERTY CORNER FLAG SHALL REMAIN IN PLACE UNTIL THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY.
UH, NUMBER FOUR, THE APPLICANT SHALL COMPLY WITH ALL RELEVANT FLOODPLAIN REQUIREMENTS.
NUMBER FIVE, THE, UH, PRIOR TO THE CERTIFICATE OF OCCUPANCY, THE APPLICANT SHALL DEMOLISH THE EXISTING RESIDENTIAL STRUCTURE ON THE PROPERTY.
UH, NUMBER SIX, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES.
AND NUMBER SEVEN, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE INSPECTIONS OF THE PROPERTY UNTIL A CERTIFICATE OF OCCUPANCY IS ISSUED.
UM, THERE IS THE MOTION AND I CAN ANSWER ANY QUESTIONS.
YOU HAVE ALSO, UM, THE APPLICANT AND THE OWNER HERE IF YOU HAVE ANY QUESTIONS FOR THEM.
DO WE HAVE ANY QUESTIONS FOR SEND A SURE.
FOR MR. JONES, AND THIS IS MORE OF A GENERAL QUESTION.
BUT THE APPLICANT IS NOT THE OWNER I SAW WHERE THE OWNER GAVE CONSENT, UH, CONSENT.
SO DOES THE VARIANCE GO WITH THE SPECIFIC HOUSE, UH, OF THE VARIANCE MANUFACTURED HOME, OR IS IT ON THE PROPERTY? SO THE VARIANCE IS FOR THAT USE, WHICH WOULD BE, WHICH WOULD BE THE MANUFACTURED HOME, WHICH IS WHAT THEY'RE PROPOSING.
SO I GUESS IT'S COMMON FOR THE MANUFACTURED HOME PEOPLE TO LEAD THEM THROUGH THIS PATH? UH, YES.
YEAH, WE'VE HAD, WE'VE HAD SEVERAL CASES THAT, UH, MS. SEWELL HAS DEALT WITH PERSONALLY.
SINCE I'VE BEEN HERE, SHE GETS THE COMMISSION IF IT GOES THROUGH, SO.
IF WE HAVE NO OTHER QUESTIONS, IF THE APPLICANT WOULD, HAS ANYTHING THEY'D LIKE TO SHARE, WE COME FORTH AND GIVE YOUR NAME.
BETTY, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH CONCERNING
[00:30:01]
THE MATTERS THAT ARE BEFORE US? YES.WHAT, WHAT WOULD YOU LIKE TO SHARE WITH US TODAY? WELL, JUST PUTTING THAT SPECIFIC HOME ON THERE, YET WE COULD HAVE ROTATED IT, BUT JUDGING THE OTHER HOUSES ON THE, THE ROAD, IT WOULD MAKE IT KIND OF LIKE A EYESORE TO ROTATE THAT HOUSE THAT WAY.
SO IT WOULD JUST BE A BLANK WALL INSTEAD OF A DOOR OR ANYTHING.
I MEAN, SO WHAT IF NEED BE? IF WE HAVE TO ROTATE IT, WE WILL, BUT JUST TO KIND OF KEEP THE LOOK OF THE COMMUNITY AROUND, THAT'S WHY WE DECIDED TO GO WITH THE VARIANCE ROUTE.
ANYONE HAVE ANY QUESTIONS FOR MS. SEWELL? OKAY.
JUST, JUST, UH, ANOTHER POINT OF CLARIFICATION FOR YOUR QUESTION.
UM, VARIANCES RUN WITH THE PROPERTY, RIGHT? SO THAT 1.8 FEET DOESN'T GO AWAY.
IT, IT'S WITH THE PROPERTY, NOT WITH THE USE.
ALRIGHT, SO I HAVE A QUESTION.
BASED ON THE SURVEY, I IF THEY ROTATED THAT HOUSE, IT LOOKS LIKE THAT THE ROTATION WOULD CAUSE THE HOUSE TO BE WITHIN THE 50 FOOT SETBACK.
AM I CORRECT? SO FROM WHAT I CAN TELL, UM, THIS, THIS RESIDENTIAL STRUCTURE IS 40 FEET FROM THE, FROM WILLIS STREET.
UM, I DON'T, I DON'T BELIEVE THAT IT WOULD ENCROACH INTO THE 50 FOOT.
THEY WOULD HAVE TO DEMOLISH THE, THE HOUSE FIRST IN ORDER TO, IN ORDER TO GET THERE MM-HMM
UM, THEY COULD POTENTIALLY MOVE THE SEPTIC AREA NOW THAT, YOU KNOW, WHILE THEY COULD MOVE IT, I'M SURE THAT THERE ARE REASONS WHY THAT IS THE PLACE, RIGHT.
THAT IT SHOULD GO, BUT IT COULD GO SOMEWHERE ELSE.
SO THE ROTATION OF IT WOULD KIND OF INTERFERE WITH THE FRONT SETBACK AND THE PROPOSED SEWAGE AREA? YEAH, IT, IT WOULD BE, WOULD BE VERY CLOSE.
ARE WE READY FOR A MOTION? I'LL MAKE A MOTION.
I MOVE THAT MACK COUNTY BOARD OF ZONING APPEAL APPROVED VARIANCE 0 0 0 1 6 7 DASH 2 0 2 5 AT VARIANCE OF 1.8 FEET FROM THE 15 FOOT SIDE SETBACK REQUIREMENTS PURSUANT TO MACK COUNTY CODE 1 0 6 DASH 83 A FOR TAX PARCEL ONE 13 B DASH A DASH 41 WITH THE SEVEN CONDITIONS RECOMMENDED BY STAFF.
IT'S BEEN PROPERLY MOVED IN SECOND.
OKAY, SO THE NEXT CASE WE HAVE IS, UH, SHEILA TURNER.
THIS IS A VARIANCE, UH, 0 0 0 1 4 3 20 25.
AND THIS IS AN RPA VARIANCE IN THE AGRICULTURAL DISTRICT.
UH, BACKGROUND INFORMATION, SHEILA TURNER IS THE APPLICANT AND THE PROPERTY OWNER.
THE LOCATION IS, UH, 2 8 9 0 1 HARBOR ROAD, UH, IN MALFA TAX MAP NUMBER 100 D DASH TWO DASH D DASH 68 IS A LITTLE BIT OF EXTRA.
IT IS THE GREEN SUBDIVISION, UH, JUST NORTH OF EASTERN SHORE YACHT AND COUNTRY CLUB.
UM, ELECTION DISTRICT IS DISTRICT EIGHT.
UM, ACREAGE IS 0.44 ACRES, UM, ZONED AGRICULTURAL.
AND THE QUE UH, THE REQUEST IS AN RPA VARIANCE FOR A UTILITY SHED.
UH, THE FUTURE LAND USE RECOMMENDATION IS AGRICULTURAL.
UH, THE CURRENT AND PROPOSED USES ARE FOR A SINGLE FAMILY RESIDENCE.
UH, ADJACENT ZONINGS ARE AGRICULTURAL AND ADJACENT USES ARE ALSO SINGLE FAMILY DWELLINGS.
HERE WE HAVE SOME PLANS AND ELEVATIONS.
IT IS ZONED AGRICULTURAL FUTURE LAND USE IS ALSO AGRICULTURAL.
UM, UH, THE REASON FOR THE VARIANCE, IT ISN'T AN RPA ALSO LOCATED IN A FLOOD ZONE.
THESE ARE SOME PICTURES OF THE SITE.
[00:35:01]
HARBOR ROAD GOING NORTH.THIS IS HARBOR ROAD GOING SOUTH.
THIS IS, UH, THE VIEW FROM THE FRONT OF THE PROPERTY, AND THIS IS THE APPROXIMATE LOCATION OF THE PROPOSED SHED.
UM, THIS IS THE, UH, SITE PLAN THAT WAS SUBMITTED, UH, SHOWING THAT IT IS IN THE A HUNDRED FOOT CHESAPEAKE BAY PRESERVATION AREA BUFFER.
UM, AND THIS IS ALSO ANOTHER SITE PLAN THAT WAS SUBMITTED, UM, SHOWING THE SAME THING.
UM, THESE ARE SOME, UH, GENERAL BUILDING PLANS.
UM, THIS IS A LAYOUT OF THE PROPOSED 14 BY 18 SHED.
UM, AND THE SHED IS GOING TO BE APPROXIMATELY 17 FEET IN HEIGHT.
UM, SO NOW WE GET TO CONSIDERATIONS FOR VARIANCE APPLICATIONS.
UH, NUMBER ONE, STRICT APPLICATION ON A REASONABLE RESTRICTION VERSUS ALLEVIATING HARDSHIP FROM A FISCAL CONDITION.
UH, THE ANSWER THERE IS, UH, NO.
WHILE THERE ARE ENVIRONMENTAL AND SETBACK CONSTRAINTS, THE PROPERTY CAN STILL BE UTILIZED, UH, FOR A SINGLE FAMILY RESIDENCE.
WAS THIS ACQUIRED IN GOOD FAITH OR NOT A SELF-CREATED HARDSHIP? THE ANSWER IS YES, BUT PROPERTY APPEARS TO HAVE BEEN ACQUIRED IN GOOD FAITH IN DECEMBER OF 2018.
UH, NUMBER THREE, UH, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.
THE LOCATION OF THE STRUCTURE WOULD OTHERWISE MEET THE SETBACK AND HEIGHT REQUIREMENTS FOR ACCESSORY STRUCTURES IN THE AGRICULTURAL DISTRICT.
UM, NUMBER FOUR, IS THIS SITUATION GENERAL OR RECURRING IN NATURE TO AMEND THE ORDINANCE TO ALLEVIATE THE SITUATION? UM, NO.
THE REQUEST IS SPECIFIC TO THIS CASE.
UH, NUMBER FIVE, RESULT IN A USE NOT OTHERWISE PERMITTED OR REZONING A PROPERTY.
UH, NO ACCESSORY STRUCTURES ARE ALLOWED BY WRIGHT IN THE AGRICULTURAL DISTRICT, UM, WHEN ACCOMPANIED BY A PRIMARY STRUCTURE.
IS THE REMEDY SOUGHT AVAILABLE THROUGH SPECIAL EXEMPTION? NO, THERE IS NO OTHER PROCESS AVAILABLE TO HANDLE THIS REQUEST.
UH, UTILITIES ARE ON HARBOR ROAD.
THERE IS AN EXISTING WELL AND SEPTIC ON THE PROPERTY, UH, TRANSPORTATION STREETS.
HARBOR ROAD IS A PRIVATE STREET THAT I WOULD CONSIDER TO BE IN GOOD CONDITION.
UM, THE PROPERTY IS LOCATED IN A SPECIAL FLOOD HAZARD AREA.
UM, IT'S BROKEN UP INTO SEVEN BFE AND SIX BFE.
UH, THE PROPOSED LOCATION OF THE ACCESSORY STRUCTURE WOULD BE LOCATED IN SIX BFE.
UH, THE STRUCTURE WOULD NEED TO COMPLY WITH THE FLOODPLAIN REGULATIONS AND ALSO THE PROPERTY IS LOCATED IN RPA, WHICH NECESSITATES THE VARIANCE.
UM, PUBLIC COMMENTS, UH, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
I DID RECEIVE MANY, UH, PHONE CALLS.
UM, A FEW OF THEM EXPRESSED CONCERNS ABOUT APPROVING THE PROJECT.
HOWEVER, I'VE RECEIVED NOTHING IN WRITING, SO I'VE RECEIVED NO LETTERS.
UM, STAFF FINDINGS, THE APPLICANT PROPOSES TO PLACE AN ACCESSORY STRUCTURE IN THE RPA, UM, AKIMA CO COUNTY CODE SECTION 1 0 6 DASH 3 83 B RESTRICTS NEW DEVELOPMENT IN THE BUFFER TO A PRINCIPAL STRUCTURE.
SO THE VARIANCE WOULD BE TO ALLOW AN ACCESSORY STRUCTURE UNDER THOSE GUIDELINES.
THE STAFF DOES NOT TYPICALLY MAKE RECOMMENDATIONS ON VARIANCES.
HOWEVER, THE APPLICATION HAS NOT MET THE STANDARDS FOR A VARIANCE BECAUSE THE USE OF THE PROPERTY IS NOT UNREASONABLY RESTRICTED AND THE HARDSHIP IS SELF-CREATED.
UM, HOWEVER, SHOULD THE BCA GRANT, THE VARIANCE STAFF, SUGGEST THE APPROVAL BE SUBJECT TO THE FOLLOWING SIX CONDITIONS PROVIDED, UH, CONDITIONS ONE THROUGH SIX.
UH, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S BUILDING DEPARTMENT, THE VIRGINIA DEPARTMENT OF HEALTH, AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE PROPOSED ACCESSORY STRUCTURE.
UH, NUMBER TWO, THE BUILDING APPLICATION MUST BE CONSISTENT WITH THE VARIANCE APPLICATION.
UH, NUMBER THREE, THE APPLICANT SHALL CLEARLY FLAG ALL FOUR CORNERS OF THE PROPERTY, THE PROPOSED FOOTPRINT AND THE A HUNDRED FOOT RPA LINE.
UM, THIS DELINEATION MUST BE CERTIFIED BY A LICENSED SURVEYOR, AND THE PROPERTY CORNER FLAG SHALL REMAIN IN PLACE UNTIL THE CERTIFICATE, UH, BECAUSE IT'S AN ACCESSORY STRUCTURE, IT WOULD BE CERTIFICATE OF COMPLETION IS ISSUED.
UH, NUMBER FOUR, THE APPLICANT SHALL COMPLY WITH ALL RELEVANT FLOODPLAIN REQUIREMENTS.
UH, NUMBER FIVE, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES.
AND NUMBER SIX, THE APPLICANT SHALL ALLOW THE COUNTY TO INSPECT THE SITE UNTIL THE CERTIFICATE OF COMPLETION IS ISSUED.
UM, THAT'S THE MOTION I CAN ANSWER ANY QUESTIONS.
YOU HAVE ALSO, MS. TURNER'S HERE IF YOU HAVE ANY QUESTIONS FOR HER.
I NOTICED THAT THE, THE HOUSE WAS
[00:40:01]
ELEVATED CORRECT? QUITE A BIT.WOULD THE, THE SHED REQUIRE THAT ALSO? SO THAT'S USUALLY HANDLED BY THE FLOOD PLAY MANAGER.
THE, THE FEMA FLOOD PLAY REQUIREMENTS ARE KIND OF EXTENSIVE, BUT AS, AS I, AS I UNDERSTAND IT, THEY HAVE TWO OPTIONS.
THEY CAN EITHER ELEVATE TO PROBABLY A SIMILAR HEIGHT THAT THE, UM, HOUSE IS, OR THEY CAN HAVE THE SHED BE MADE OUT OF FLOOD RESISTANT MATERIALS MM-HMM
AND HAVE, UM, ADEQUATE, LIKE FLOOD PROOFING, LIKE, UM, FLOOD VENTS.
UM, THE NEXT QUESTION IS, IS THERE ANY MITIGATION EFFORTS REQUIRED THAT WOULD BE, SO THE, THE THING ABOUT THIS CASE IS YOU ARE, AND MR. WATSON WILL TELL ME IF I'M, IF I'M SAYING THIS RIGHT, BUT YOU ARE SAYING IT'S OKAY FOR US TO GRANT A WAIVER FOR THE SHED.
SO ALL OF THAT STUFF WOULD BE HANDLED POTENTIALLY AFTER THIS MEETING, BEFORE WE ACTUALLY ISSUE THE WAIVER.
BASICALLY WHAT WE'RE GETTING APPROVAL FOR IS THAT IT'S OKAY TO GRANT THE WAIVER, IF THAT'S ACCURATE.
AND I WOULD JUST ADD THAT THE MITIGATION IS REQUIRED UNDER, WHICH WOULD REQUIRE PLANTING TREES AND SHRUBS AND SUCH.
I KNOW, I KNOW IN THE PAST IT WAS A, A CONSIDERATION FOR POTENTIALLY, UH, UH, IMPAIRING, UH, FEDERAL FUNDING IN THE COUNTY IF THERE WAS NO MITIGATION.
UM, IT'S A DEQ FOR G-D-D-E-Q OVERSIGHT.
THEY AUDIT US TO MAKE SURE THAT THEY'RE REQUIRING MITIGATION FOR THE DEVELOPMENT OF THE BUFFER.
UH, I BELIEVE 400 SQUARE FEET IS A UNIT, AND THAT'S, UH, ONE TREE, TWO SMALL TREES AND THREE SHRUBS PLANTED ANYWHERE IN THE BUFFER.
FOLLOWING UP ON MR. GALE, THE LAST PAGE OF THE, THE DOCUMENTATION ON THIS, UH, CASE AT THE BOTTOM, IT SAYS 24 BY 24 INCH PIERS TWO FEET HEIGHT.
DOES THAT MEAN THAT WE'RE APPROVING IT? NO.
YOU'RE, YOU'RE NOT, YOU'RE NOT APPROVING, YOU'RE NOT APPROVING ANY SPECIFIC STRUCTURE.
YOU'RE JUST SAYING THAT IT'S OKAY TO ALLOW AN ACCESSORY STRUCTURE IN THE RPA AND THEN HE WOULD HAVE TO GO DEAL WITH, HE WOULD'VE TO DEAL WITH STAFF AND, AND MR. WATSON FOR THE ACTUAL WAIVER.
SO IT APPEARS, UH, BASED ON THE SITE PLAN THAT THE HOUSE IS ALREADY IN THE RRP, CORRECT? CORRECT.
AND, AND TO, TO PIGGYBACK, SORRY, BUT TO PIGGYBACK OFF OF WHAT YOU WERE SAYING ABOUT MITIGATION, THEY HAD TO MITIGATE FOR THE HOUSE.
SO THERE'S ALREADY PLANTINGS THERE BECAUSE OF THE HOUSE.
SO THE SHED WILL BE IN THE RPA AS WELL? CORRECT.
SO THE SITE PLAN DOESN'T SHOW A, WHERE THE SEP AND WELL IS, IS THAT, IS IS THE LOCATION HERE? UM, SO BASED ON WHERE THAT IS OR, SO, UM, I MADE A COUPLE VISITS TO THE SITE AND FROM WHAT, FROM WHAT I CAN TELL, UM, WE'RE NOT IN ANY DANGER OF BEING ANYWHERE CLOSE TO THE SEPTIC.
THE SEPTIC WILL BE, UM, IT'S A, IT'S AN ALTERNATIVE SYSTEM.
OH, SO IT'S IN FRONT OF THE HOUSE.
IN FRONT OF THE SHED, BUT IT'S GONNA BE A GOOD 20 TO 25 FEET IN FRONT OF IT.
SORRY, I HAD ANOTHER QUESTION.
THIS IS AN HOA, IS IT NOT? CORRECT, BUT WE'RE, WE'RE COMPLETELY SEPARATE.
SO, SO THE, THE HOA HAS THEIR OWN REGULATIONS IF THEY HAVE REGULATIONS, BUT THEY'RE SEPARATE FROM THE COUNTY AND THE B'S RULINGS.
BUT IF THEY DON'T PERMIT THIS, UH, I MEAN, WELL, THAT, THAT'S UP TO THE HOA THEN THAT'S, THAT'S A CIVIL ISSUE.
THERE ARE, THERE ARE DEFINITELY.
THERE ARE DEFINITELY SITUATIONS WHERE WE'VE APPROVED A BUILDING PERMIT THAT THE HOA WILL NOT APPROVE.
OUR REQUIREMENTS ARE DIFFERENT FROM MANY HOMEOWNERS ASSOCIATION REQUIREMENTS.
IF YOU DON'T, THE, UH, SO I HAVE ANOTHER QUESTION REGARDLESS OF, I'M SORRY.
[00:45:01]
NO.UM, SO BASED ON THE RPA MAP, YES.
IT APPEARS THAT THE MAJORITY OF THE LOT IS RPA.
SO REGARDLESS OF THE SIZE OF THE ACCESSORY BUILDING, IT'S STILL GOING TO BE IN THE RPA, CORRECT? THAT IS CORRECT.
UM, THERE ARE, I WILL SAY THERE ARE SETBACK RESTRAINTS, UH, CONSTRAINTS.
UM, SO THE HOUSE AT ITS FURTHEST AWAY POINT IS 54 FEET FROM, FROM THE FRONT? FROM THE FRONT LOT LINE FRONT.
SO YOU COULD BUILD SOMETHING SMALLER.
HOWEVER, YOU GO FAR ENOUGH FORWARD, YOU END UP BEING IN THE FRONT SETBACK, YOU GO FAR ENOUGH AND NO MATTER WHAT, YOU'RE GONNA BE IN THE RPA.
THANK YOU, MR. TO, DID YOU HAVE ANOTHER QUESTION? MM-HMM
UM, JUST WE'LL GET TO ONE MINUTE.
IF, IF THIS STRUCTURE WAS CONNECTED TO THE HOUSE, RIGHT? YES.
WOULD IT STILL IN, IN, IN OTHER WORDS, IF IT WAS CONSTRUCTED AS AN ADDITION TO THE HOUSE? IT, I BELIEVE IT WOULD, THAT, THAT'S A BETTER QUESTION FOR MR. WATSON, BUT I BELIEVE IT WOULD STILL REQUIRE A WAIVER.
NOW, THEY WOULD ALSO HAVE TO COMPLY WITH THE SETBACKS AND THE HEIGHT AND ALL THAT, AND THE FLOOD PLAN REQUIREMENTS, ALL THIS.
IF IT WAS CONNECTED TO THE HOUSE, YES.
BUT IT WOULD STILL BE KIND OF THE SAME PROCESS IN THE END.
THE, THE APPLICANT'S HERE, SO YES.
IF WE HAVE ANY MORE QUESTIONS FROM SEND OKAY.
WOULD, WOULD YOU GIVE US YOUR NAME? YES, SIR.
SHE, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, CONCERN, ALL THE MATTERS THAT ARE BE BEFORE US? YES, SIR.
WHAT WOULD YOU LIKE TO SHARE WITH US? UM, WELL, WHEN, WHEN I PURCHASED THE PROPERTY, UM, UH, I THINK IT'S SOMETHING THEY GAVE WAS DATED.
I THINK I SIGNED 1113, 2018 OR 19.
IT WAS PRIOR TO ME BUILDING THE HOUSE.
AND I PUT THAT I WANTED AN ACCESSORY BUILDING THERE ON THAT PARTICULAR DOCUMENT.
'CAUSE THAT'S WHAT THEY INITIALLY, MY, UM, I DID HAVE A CONVERSATION WITH MY NEIGHBORS, 'CAUSE TWO OF THEM DID CALL ME.
THEY WERE CONCERNED ABOUT IT BEING A RED BUILDING.
UM, IT WAS ONE ON THAT STRUCTURE IS RED
AND THEY WERE CONCERNED ABOUT IT BEING, UH, PUT IT THIS WAY, I'M GONNA HAVE IT PRETTY, I WANT IT TO LOOK LIKE MY HOUSE
SO I, I EXPLAINED THAT TO THEM AS WELL.
SO ONLY TWO WHO ACTUALLY CALLED ME AND PICKED UP THE PHONE AND HAD A CONVERSATION ABOUT IT.
AND, UM, I DID EXPLAIN TO 'EM, NO, IT'S NOT GONNA BE RED.
IT IS GONNA BE THE SAME COLOR AS MY HOME.
I, I DID WANT TO HIRE, BECAUSE I AM, I DID READ SOMEWHERE IN THE THING ABOUT IT HAD, UH, AS LONG AS I HAD OPENINGS, UH, ON EACH SIDE OF IT, UH, AS FAR AS THE FLOOD WAS CONCERNED.
SO I, NO, I DID TAKE THAT INTO CONSIDERATION WHEN I WAS LOOKING FOR IT.
UM, AND, UM, ANY QUESTIONS YOU MIGHT HAVE FOR ME? OKAY.
ANYONE HAVE ANY QUESTIONS FOR MR. TURNER? THANK YOU.
IF WE DON'T HAVE ANY OTHER QUESTIONS FOR ASCENSION, ARE WE READY FOR, TO MAKE A MOTION, I MOVE THAT THE ACK, UH, COUNTY BOARD OF ZONING APPEALS APPROVED VARIANCE 0 0 0 1 4 3 DASH 2025 A VARIANCE PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 3 83 B TO ALLOW FOR THE PLACEMENT OF AN ACCESSORY STRUCTURE IN THE RPA ON TAX MAP NUMBER 100, UH, D DASH TWO DASH TWO, UH, DASH D DASH 68 WITH THE SIX CONDITIONS RECOMMENDED BY STAFF.
UM, SO THE LAST ONE FOR TODAY, UH, WE HAVE ANITA DAVIS.
THIS IS SUSE 0 0 0 1 24 20 25.
AND VARIANCE 0 0 0 1 6 1 20 25.
AND THIS IS AN ACCESSORY DWELLING IN THE AGRICULTURAL DISTRICT WITH VARIANCES.
[00:50:02]
UH, BACKGROUND, ANITA DAVIS IS THE APPLICANT AND THE PROPERTY OWNER.IT IS LOCATED AT 1 8 2 3 5 GOSPEL TEMPLE ROAD.
ON TAX MAP NUMBER, UH, 1 0 1 DASH A DASH 73 C.
ELECTION DISTRICT IS DISTRICT NINE.
THAT'S, UH, ACREAGE IS, UH, 1.101 ACRES.
UH, THE ZONING IS AGRICULTURAL.
THE FUTURE LAND USE RECOMMENDATION IS ALSO AGRICULTURAL.
UH, CURRENT AND PROPOSED USE IS, UM, THE CURRENT USE IS SINGLE FAMILY.
UM, AND THIS IS MULTIFAMILY IN THE SENSE THAT THERE WOULD BE TWO RESIDENCES ON THE SAME PARCEL.
UM, ADJACENT ZONING IS AGRICULTURAL.
UM, ADJACENT USES ARE SINGLE FAMILY.
THEY'RE SURROUNDED BY A MULTITUDE OF SINGLE FAMILY DWELLINGS, PLANS AND ELEVATIONS.
UM, THIS IS THE SITE, UM, ZONED AGRICULTURAL, UH, FUTURE LAND USE IS ALSO AG, UM, NOT LOCATED IN RPA AND NOT LOCATED IN A FLOOD ZONE.
UM, THESE ARE SOME PICTURES OF THE SITE.
UH, TOP LEFT IS GOSPEL TEMPLE ROAD, LIKE YOU'RE GOING TOWARDS, UM, GOING TOWARDS THE LANDFILL.
UM, BOTTOM LEFT IS GOSPEL TEMPLE ROAD, LIKE YOU'RE GOING BACK TO ROUTE 13.
UM, TOP RIGHT IS A PICTURE OF THE SITE.
UM, THERE IS ALREADY A HOUSE THERE.
AND THE BOTTOM RIGHT PICTURE IS THE APPROXIMATE LOCATION OF WHERE THE ACCESSORY DWELLING WOULD GO.
IT WOULD, IT'S GOING TO BE BEHIND AND TO THE LEFT OF THE HOUSE THAT'S ALREADY THERE.
UM, IT IS 36 FEET AWAY FROM THE FIRST STRUCTURE, WHICH MEANS IT NEEDS A VARIANCE OF THE SEPARATION DISTANCE OF 140 FEET, UM, IN THE AGRICULTURAL, UH, DISTRICT.
UM, IF YOU CLICK TO THE NEXT ONE, UM, AND THIS IS THE, UH, SEPTIC PLAN.
UM, SO THE PROPOSED ACCESSORY DWELLING IS NOT GONNA GO ANYWHERE NEAR THE SEPTIC OR DRAIN FIELD OR WELL, OR ANYTHING LIKE THAT.
SO, UH, ZONING ORDINANCE CONSIDERATIONS, UH, 1 0 6 53 22 GIVES THE REGULATIONS FOR ACCESSORY DWELLINGS OF, UH, 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 RECORDED IN THE LAND RECORDS.
AS OF JUNE TWO THOU JUNE 28TH, 2006.
ACCESSORY STRUCTURES OR ACCESSORY DWELLINGS SHALL BE LIMITED TO ONE PER LOT AND TWO, PERMITTED WITH AN OCCUPIED MAIN DWELLING.
UH, 1 0 6 2 38 GIVES THE REGULATIONS FOR SETBACK DISTANCES OF ACCESSORY DWELLINGS IN THE AGRICULTURAL DISTRICT.
UH, CONSIDERATIONS FOR SPECIAL USE PERMITS, UH, NUMBER ONE, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
A RESIDENTIAL STRUCTURE IS CONSISTENT WITH THE SURROUNDING AREA.
UH, NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
PUBLIC UTILITIES ARE LOCATED ON GOSPEL TEMPLE ROAD.
UH, NUMBER THREE, WHETHER THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UM, THE USE WILL NEITHER HINDER NOR PROMOTE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, NUMBER FOUR, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS.
UM, THE ANSWER THERE IS NO ADVERSE IMPACT IS ANTICIPATED.
UH, THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS.
NUMBER FIVE, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS, UH, NO ADVERSE IMPACT WILL RESULT OTHER THAN THE VARIANCES THAT ONLY AFFECT THE APPLICANT'S PROPERTY.
THE STRUCTURE WILL MEET THE SETBACK AND HEIGHT REQUIREMENTS FOR DWELLINGS.
UM, NUMBER SIX, WHETHER PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, UH, THE USE WILL NEITHER HINDER OR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
UM, NUMBER SEVEN, WHETHER PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS.
UH, YES, ACCESSORY DWELLINGS SUCH AS THESE ARE ALLOWED BY SPECIAL USE PERMITS.
UH, THE BCA HAS GRANTED SPECIAL USE PERMITS FOR THIS USE IN THE PAST.
UM, WHETHER, AND NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.
UH, THE ANSWER THERE IS THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
SO NOW WE GO TO, UH, VARIANCE APPLICATIONS AND JUST LIKE A BRIEF,
[00:55:01]
UM, WHAT THE VARIANCES ARE FOR.SO THE VARIANCES ARE RELIEF FROM THE 140 FOOT SEPARATION BETWEEN HOUSE ONE AND HOUSE TWO IN THE AGRICULTURAL DISTRICT.
UM, AND THERE IS ALSO A VARIANCE BECAUSE IF YOU, IF YOU LOOK AT THE DEFINITION OF ACCESSORY DWELLING, UM, LOTS RECORDED BEFORE 2006, IT HAS TO BE AT LEAST 60,000 SQUARE FEET.
THIS LOT IS NOT 60,000 SQUARE FEET.
SO WE'RE ASKING FOR A VARIANCE FOR THAT PART OF THE DEFINITION AS WELL.
SO WITH THAT SAID, UH, CONSIDERATIONS FOR VARIANCE APPLICATIONS, UH, NUMBER ONE, STRICT APPLICATION AND UNREASONABLE RESTRICTION VERSUS ALLEVIATING HARDSHIP FROM A PHYSICAL CONDITION.
UH, NO IS THE APPLICANT'S DECISION AS TO THE PLACEMENT OF THE ACCESSORY DWELLING SUCH THAT IT NEEDS A VARIANCE.
THE PROPERTY COULD OTHERWISE BE USED FOR A SINGLE FAMILY RESIDENCE AS, AS IT IS CURRENTLY BEING USED.
UM, NUMBER TWO, UH, GOOD FAITH ACQUISITION AND NOT A SELF-CREATED HARDSHIP.
THE PROPERTY APPEARS TO HAVE BEEN ACQUIRED IN GOOD FAITH.
THE SIZE OF THE LOT AND THE LOCATION OF THE ACCESSORY DWELLING ARE SUCH THAT MULTIPLE VARIANCES ARE REQUIRED.
UM, NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.
THE PLACEMENT OF THE ACCESSORY DWELLING WILL MEET THE SETBACK AND HEIGHT REQUIREMENTS IN THE AGRICULTURAL DISTRICT.
UH, NUMBER FOUR, IS THIS GENERAL OR RECURRING ENOUGH IN NATURE TO AMEND THE ORDINANCE TO ALLEVIATE THE SITUATION? THE ANSWER THERE IS NO, THE REQUEST FOR THE MULTIPLE VARIANCES IS SPECIFIC TO THIS CASE.
UH, NUMBER FIVE, WOULD THIS USE RESULT IN A USE NOT OTHERWISE PERMITTED OR IS A REZONING REQUIRED? UM, NO.
THE USE IS ALLOWED BY SPECIAL USE PERMIT, WHICH IS ALSO PART OF THIS APPLICATION.
UH, AND NUMBER SIX IS A REMEDY SOUGHT AVAILABLE THROUGH SPECIAL EXEMPTION.
UM, THE ANSWER THERE IS NO, THERE IS NO OTHER PROCESS TO HANDLE THIS REQUEST AS IT RELATES TO THE VARIANCE.
UM, COMPREHENSIVE PLAN, UH, THE COMPREHENSIVE PLAN STATES THE DWELLING SHOULD BE AT A RATIO OF APPROXIMATELY ONE HOUSE TO FIVE ACRES OF LAND.
THIS USE WOULD ALLOW TWO RESIDENTIAL DWELLINGS ON A 1.1 ACRE PARCEL.
UH, UTILITIES, THE OVERHEAD UTILITIES ARE LOCATED ON GOSPEL TEMPLE ROAD, UH, AND FOR TRANSPORTATION.
GOSPEL TEMPLE ROAD IS A VDOT MAINTAINS SECONDARY ROAD, AND IT IS IN WHAT I WOULD CONSIDER AVERAGE CONDITION.
UM, PUBLIC COMMENTS, UH, NOTICES WERE PROVIDED IN THE NEWSPAPER ADJACENT OWNERS PER STATE LAW.
I RECEIVED, UH, NO COMMENTS, PHONE CALLS OR LETTERS ABOUT THIS CASE FOR OR AGAINST, UH, STAFF FINDINGS.
THE APPLICANT REQUESTS TO PLACE A 14 BY 68 SINGLE WIDE ON THE PROPERTY.
A SPECIAL USE PERMIT IS REQUIRED FOR AN ACCESSORY DWELLING AND MULTIPLE VARIANCES FROM THE ZONING ORDINANCE ARE REQUIRED TO ACCOMMODATE THIS REQUEST.
UM, STAFF RECOMMENDATIONS STAFF RECOMMENDS APPROVAL OF SUSE 1 24 20 25 FOR THE PLACEMENT OF AN ACCESSORY DWELLING.
UM, AS FAR AS THE VARIANCE PART, UH, STAFF DOES NOT TRULY MAKE RECOMMENDATIONS FOR VARIANCES.
HOWEVER, THE APPLICANT HAS NOT MET THE STANDARDS FOR ALLOWING THE VARIANCE BECAUSE THE USE OF THE PROPERTY IS NOT UNREASONABLY RESTRICTED, RESTRICTED, AND THE HARDSHIP IS SELF-CREATED.
HOWEVER, SHOULD THE BCA APPROVE THE SPECIAL USE PERMANENT VARIANCE STAFF RECOMMENDS THE FOLLOWING NINE CONDITIONS, UM, CONDITIONS ONE THROUGH FIVE.
NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
UH, NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND PLOT PLAN AS SUBMITTED.
THE APPROVAL IS FOR ONE ACCESSORY DWELLING AND IS ONLY FOR THE APPLICANT OR IMMEDIATE FAMILY MEMBER.
UH, NUMBER FOUR, SHORT-TERM RENTAL IS PROHIBITED.
UH, NUMBER FIVE I'VE PUT IN RED BECAUSE IT'S GOING TO, THIS IS SOMETHING WE ADDED AFTER THE STAFF REPORT WENT OUT.
UH, SO NUMBER FIVE, PRIOR TO THE PLACEMENT OF THE MANUFACTURED HOME, UH, THE APPLICANT SHALL RECEIVE COUNTY APPROVAL FOR THE LAW VALIDATION IN ORDER TO COMPLY WITH SECTION 78 13 OF THE SUBDIVISION ORDINANCE.
UH, NUMBER SIX, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE SPECIAL USE PERMIT IS ACTIVE.
UH, NUMBER SEVEN, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE INSPECTIONS OF THE SITE AT ANY TIME WHILE THE SPECIAL USE PERMIT IS ACTIVE.
UM, THE APPLICANT, NUMBER EIGHT, 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 LICENSED SURVEYOR TO ENSURE COMPLIANCE AND ACCURACY.
AND B, THE PROPERTY CORNER FLAG SHALL REMAIN IN PLACE UNTIL THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY.
UM, AND NUMBER NINE, A VIOLATION OF ANY OF THESE CONDITIONS SHALL MAKE THE SPECIAL USE PERMIT NULL AND VOID.
ALSO, MS. DAVIS IS HERE IF YOU HAVE
[01:00:01]
QUESTIONS FOR HER.ANYONE QUESTIONS? I HAVE A QUICK QUESTION.
UH, MR. JONES, AND THIS IS THE, UH, NUMBER THREE OF YOUR REQUIREMENTS.
DOES THAT MEAN IF THE STEPFATHER IS NO LONGER IN THAT TRAILER HAS TO BE REMOVED? IT IT MEANS THAT SOMEBODY THAT ISN'T THEIR FAMILY MEMBER CAN'T, CAN'T BE THERE.
SO WE DO, THE SITUATION THAT WE'RE TRYING TO AVOID IS SOMEBODY THAT'S NOT A PART OF THE FAMILY AT ALL.
BECOMES, UH, LET'S SAY THEY RENTED OUT FOR MARKET RATE.
THAT'S WHAT WE'RE TRYING TO AVOID.
SO THAT'S WHY SHORT TERM RENTALS ARE PROHIBITED THEN.
ANY OTHER QUESTIONS? I HAVE A QUESTION.
SO THIS APPLICATION IS FOR VARIANCES, FOR SETBACKS AND FOR LOT SIZE.
CORRECT? THE, THE ACTUAL PROPOSED STRUCTURE DOES MEET THE, UM, SIZE REQUIREMENT.
IT'S UNDER THE SIZE REQUIREMENT FOR ACCESSORY DWELLINGS.
YEAH, I THINK, I THINK THE LIMIT'S LIKE 1200 SQUARE, 1200.
SO I KNOW IN THE PAST YEARS AGO, AND MR. GAIL CAN, UH, BACKED ME UP ON THIS, THE BOARD APPROVED SECOND DWELLINGS FOR THE LIFETIME OF SOMEBODY OR FOR AS LONG AS THAT PERSON OCCUPIES IT? OR IS THAT SOMETHING THAT WE HAVE DONE? THAT HAVE DONE THAT? YEAH.
THE, THE ONLY ISSUE THAT I SEE WITH THAT IS WE DON'T NECESSARILY GET ANYTHING FROM THE APPLICANT OR ANYBODY IN OUR DEPARTMENT WHERE WE GET LIKE A DEATH CERTIFICATE OR ANYTHING.
SO I UNDERSTAND THAT, THAT IT, WHILE NOT IMPOSSIBLE, THAT DOES MAKE THAT DIFFICULT.
DO WE HAVE ANY OTHER QUESTIONS FOR SYNGEN? IF NOT, IF THE APPLICANT, SO ARE THESE KIND OF APPLICANTS IN THE REAL ESTATE BUSINESS, WE CALL THESE A MOTHER-IN-LAW APARTMENT MM-HMM
ARE THESE KIND OF COMMON? IS THERE, UM, THESE ARE, THESE ARE FAIRLY COMMON IN VERY SPECIFIC SITUATIONS.
YOU'VE GOT AN ELDERLY, LIKE THE MOTHER-IN-LAW SITUATION, YOU'LL HAVE A FAMILY THAT HAS A, UH, CHILD THAT IS, UH, SPECIAL NEEDS, FOR EXAMPLE.
UM, AND THEY REQUIRE, YOU WANT TO GIVE THEM SOME SORT OF AUTONOMY WHILE STILL BEING ABLE TO KEEP TRACK.
UM, SO THAT'S USUALLY THE SITUATION THAT WE FIND OURSELVES IN.
AND WE, THE CONDITIONS KIND OF REFLECT THAT.
DOES THE APPLICANT JUST ONE, GO AHEAD.
ONE THING ALSO, IN THE PAST, WE'VE, WE'VE APPROVED WHATEVER THE SITUATION OR CIRCUMSTANCES WERE, I DON'T RECALL, BUT WHERE AS LONG AS THE PERSON WAS LIVING AND UPON THE, THE, WHEN THEY DEC ARE DECEASED, IT HAS TO BE REMOVED.
THE, IT'S, IT'S KIND OF THE SAME ISSUE WITH, I MEAN, WHAT WE'RE TALKING ABOUT, UH, THE PERSON BEING DECEASED.
I MEAN, THAT COULD BE 20, 25 YEARS.
SO IT BECOMES DIFFICULT WITH, UH, STAFF CHANGES A LOT CAN GET LOST IN THE SAUCE.
AS I SAY, YOU KNOW, I'M GOING BACK A LONG TIME ON THAT, YOU KNOW, AND, AND SO THE, THE THE, I GET THE THING ABOUT THE FAMILY MEMBERS, BUT YOU KNOW, THAT PO IS KIND OF IN THE SAME VEIN, YOU KNOW? RIGHT.
HOW DO YOU KNOW THAT THE FAMILY MEMBERS ONLY ARE GONNA BE IN THERE? CORRECT.
IT, IT, IT'S, THAT PART IS SOMEWHAT DIFFICULT TO ENFORCE.
WE CAN'T BE AT THEIR FRONT DOOR EVERY DAY GOING, WHO ARE YOU? WHO ARE YOU? YEAH.
DID, DID THE APPLICANT WISH TO SHARE ANYTHING? OKAY.
IF THERE ARE NO OTHER QUESTIONS, ARE WE READY FOR A MOTION? I WILL SAY THAT WE HAVE GRANTED, UM, VARIANCES FROM THE 140 FOOT SETBACK.
SINCE I'VE BEEN ON THE BOARD, I RE I RECALL THAT I, AND, AND TO PIGGYBACK OFF OF THAT, AS FAR AS 140 FEET IS A VERY LARGE AMOUNT OF SPACE.
[01:05:01]
A ONE ACRE PARCEL.SO NO MATTER, NO MATTER WHAT, IF THEY WANTED THIS REQUEST, THEY WOULD NEED A VARIANCE FROM THE 140 FEET.
UH, I RECALL WE DID, UM, ONE AND IT WAS IN A DEVELOPMENT WITH AN HOA AND, UH, AS AND, AND FOUR, AND IT WAS A, A GARAGE SLASH LIPINSKI.
UH, IT WAS CORBIN MOM AND IT WAS FOR MOTHER-IN-LAW.
THIS TIME IT WA AND SO WE DID APPROVE IT, BUT WE NEVER PUT ANY, ANY FAMILY MEMBER HA INHABITANTS ON.
THAT'S, I WOULD HAVE TO CHECK.
THAT'S BEEN, BUT I'M, I'M FAIRLY, I'M FAIRLY CERTAIN WE MORE THAN LIKELY DID FOR THAT CASE.
BUT I, I WOULD, IT WAS IN BALU SHORES.
AND I DISTINCTLY REMEMBER THAT ONE.
ISN'T THAT NORTH HAMPTON? THAT'S NORTH HAMPTON, YEAH.
THIS WAS, THIS WAS, IT WAS IN BAYSIDE MAYBE.
BUT IT WAS IN, IT, IT WAS A, IT WAS A DEVELOPMENT.
AND I REMEMBER DOING IT AND, AND, UH, UH, I, I DISTINCTLY REMEMBER, WE DID NOT HAVE ANY FAMILY, YOU KNOW, I, I WILL SAY THAT OUR CONDITIONS ARE CONSTANTLY BEING LOOKED AT TO TRY AND MAKE THEM BETTER.
UM, SO IT MAY BE JUST THAT SITUATION WHERE AS, AS THE STAFF, I MEAN, I'M KIND OF A NEWER PERSON, BUT AS THE STAFF HAS BECOME MORE VERSED IN THESE TYPES OF SITUATIONS, UH, I GET THE RENTAL THING.
AND I THINK, I DON'T THINK I KNOW WE HAD THAT IN, IN THAT, THAT ONE, BUT IT WAS A, IT WAS, UH, THE, WE HAD THE DISTANCE WHERE IT WAS WITHIN THE DISTANCE FROM THE PRIMARY STRUCTURE.
AND, UH, I DON'T KNOW ABOUT THE, AND, AND ALSO WITHIN THE 60,000 SQUARE FOOT.
UM, I CAN'T REMEMBER THE, THE, BUT I DISTINCTLY REMEMBER WE DID NOT HAVE THERE WAS NO FAMILY MEMBER THING IN THERE.
AND I, I JUST, I'M THINKING THAT, YOU KNOW, YOU, YOU WANT TO HAVE A PLACE FOR A LOVED ONE, AND I GET IT, AND THEN AFTERWARDS YOU, YOU HAVE TO HAVE ONLY FAMILY MEMBERS.
AND THEN THAT'S, I I UNDERSTAND WHAT YOU'RE SAYING.
THE LONG-TERM EFFECTS OF IT COULD BE MM-HMM
I, I MEAN THAT WE COULD CONCEIVABLY ADJUST IT.
SO THERE'S A TIME LIMIT ON THAT.
HOWEVER, I DON'T, I DON'T KNOW WHAT THAT TIME SHOULD BE.
SHOULD THAT BE FIVE YEARS, 10 YEARS, 20 YEARS.
AND THEN HOW DO YOU KNOW, LIKE IT'S, IT'S MR. PAM, HE WANTS TO SPEAK, AND SO WE'LL HEAR FROM LEE, LEE, PAM, BUT DEPUTY COUNTY ADMINISTRATOR, COMMUNITY AND ECONOMIC DEVELOPMENT AND DESIGNATED ZONING ADMINISTRATOR.
PAUL, IF WE COULD GO BACK TO THE CONDITIONS.
UM, I WAS INFORMED OF CON THE ADDITION OF CONDITION NUMBER FIVE YESTERDAY, AND THE ONLY THING THAT I WOULD ADD WITH REGARDS TO CONDITION NUMBER FIVE IS THAT IT BE TIED TO AN ESTABLISHED PROCESS BENCHMARK, LIKE THE ISSUANCE OF A PERMIT, A CERTIFICATE OF OCCUPANCY, OR LIKE A FOUNDATION INSPECTION OR, OR SOMETHING TO THAT EFFECT PLACEMENT OF A MANUFACTURED HOME.
AND, AND MR. JONES AND I DID TALK ABOUT THIS YESTERDAY, I JUST WANTED TO MAKE SURE THAT, UH, THAT THE STAFF WAS ON RECORD, AS YOU KNOW.
UH, AND, AND WE TALKED ABOUT PRIOR TO THE PLACE OR PRIOR TO THE ISSUANCE OF A BUILDING PERMIT.
UH, THE PLACEMENT OF A MANUFACTURED HOME COULD BE AT, YOU KNOW, AT A ANY TIME.
BUT, UH, MY RECOMMENDATION WOULD BE ALONG WITH, UM, MR. JONES, AGAIN, WE TALKED ABOUT THIS YESTERDAY, IS TO CHANGE PRIOR TO THE PLACEMENT OF A MANUFACTURED HOME TO PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THAT THE, UH, LOT BE VALIDATED.
UM, WITH REGARDS TO YOUR COMMENT, UH, MR. GALE ABOUT, UH, THE RENTAL OF THE ACCESSORY DWELLING UNIT, UH, I THINK WHAT HAS HAPPENED IS AS WE ARE LOOKING AT SPECIAL USE PERMITS FOR RVS AND TRAVEL TRAILERS, WE DEFINITELY WANT TO CONTROL WHETHER OR NOT THOSE ARE, UH, RENTED OUT FOR SHORT TERM RENTAL.
[01:10:01]
I THINK WHAT HAPPENED HERE WAS THAT THE CONDITION WAS COPIED AND PASTED INTO A, UH, IN, INTO THIS PARTICULAR CASE WHERE WE'RE REALLY TALKING ABOUT TWO DIFFERENT KINDS OF USES, THE RV TRAVEL TRAILER, WHICH WE DEFINITELY WANT TO CONTROL, VERSUS A, AN ACCESSORY DWELLING UNIT.UM, FROM AN OVERALL STANDPOINT OF ACCESSORY DWELLING UNITS, UH, PLANNERS ARE, ARE COMING AROUND TO ACCESSORY DWELLING UNITS AND, AND MAKING IT EASIER FOR ACCESSORY DWELLING UNITS TO BE APPROVED.
UH, GENERALLY WITHOUT THE CONDITION THAT WE'RE TALKING ABOUT.
IN TERMS OF THE RESTRICTION ON SHORT-TERM RENTALS, UH, I STILL FEEL LIKE THAT ACCESSORY DWELLING UNITS SHOULD BE FOR LONG-TERM RENTAL AS OPPOSED TO SHORT-TERM RENTAL.
UH, WE COULD CERTAINLY USE MORE, UH, LONG-TERM RENTAL OPPORTUNITIES.
I BELIEVE THAT THERE ARE PLENTY OF SHORT-TERM RENTAL OPPORTUNITIES OUT THERE, BUT, UH, IF YOU WERE TO CONSIDER WHAT MR. JONES WAS SAYING IN TERMS OF, WELL, HOW LONG, HOW LONG DOES THAT CONDITION, UH, UH, IN EFFECT, PERHAPS MAYBE JUST TO CHANGE THE, UH, UH, CHANGE WHAT IT IS THAT WE'RE LOOKING AT? YOU KNOW, CONTROLLING SHORT TERM RENTALS FOR RVS AND TRAVEL TRAILERS, WHICH IT'S THE, IT'S ALMOST THE EXACT SAME CONDITION THAT WE'VE APPLIED TO THOSE IN THE PAST VERSUS JUST, UH, CONTROLLING THAT IN TERMS OF SAYING ONCE THE LOVED ONE IS, IS NO LONGER OCCUPYING THE UNIT OR, OR ONCE THE FAMILY MEMBER IS NO LONGER OCCUPYING THE UNIT THAT THAT UNIT BE FOR LONG-TERM RENTAL.
AND, UH, YOU KNOW, THIS IS JUST A, A, A QUICK FIVE MINUTE REACTION TO A COMMENT THAT I JUST HEARD FIVE MINUTES AGO.
BUT BASICALLY THAT'S WHERE I BELIEVE THIS CONDITION HAS COME FROM AND WHAT YOU CAN DO TO ADJUST THAT TO MAKE MORE SENSE.
SO, UM, WHAT ABOUT REQUIRING A FAMILY MEMBER, UM, APPROVAL OF THE ASSESSOR DRAWING IS ONLY FOR THE APPLICANT FOR IMMEDIATE FAMILY MEMBER.
SO WHEN THE IMMEDIATE FAMILY MEMBER IS DECEASED, THEN THEY CAN, THEY CAN HAVE A LONG TERM RENTAL TO RIGHT.
ANYONE? AND, AND MAYBE I MISUNDERSTOOD IT, THAT, THAT THE BUILDING, THE, THE ACCESSORY STRUCTURE OR ADDITIONAL, UH, HOME WOULD BE ONLY FOR FAMILY MEMBERS, BUT WHEN, BUT THEY COULD LONG TERM RENT IT TO ANYONE.
IS THAT CORRECT? THAT IS ONE THAT IS ONE OPTION FOR THIS CONDITION.
UH, THE OPTION FOR THIS CONDITION, WE HAVE TO SPECIFY TO SIMPLY STRIKE EVERYTHING AFTER THE WORD DWELLING.
WOULD WE HAVE TO SPECIFY THAT? UM, YES, YOU WOULD HAVE TO SPECIFY FOR LONG-TERM RENTAL ONLY FOR LONG-TERM RENTAL.
THE APPROVAL, AND IF I CAN JUST WORDSMITH HERE, JUST KIND OF SHOOTING FROM THE HIP, THE APPROVAL IS FOR ONE ACCESSORY DWELLING AND, UH, AND IS, YEAH, THIS IS ONLY FOR, UH, FOR THE, IS ONLY FOR, UH, AND, AND MAYBE ONLY BE USED FOR LONG-TERM RUN.
I THINK THAT WE'D HAVE TO MAYBE TRY TO WRITE THAT OUT SOMEHOW.
MAYBE JUST TAKE A QUICK MINUTE TO FIGURE OUT WHAT THAT WORDING WOULD BE.
SOMETHING BECAUSE, BUT YOU COULD DEFINITELY, THEY COULD USE IT FOR THE, THE, THE STEPFATHER MM-HMM.
IN A A AND WHEN HE'S DECEASED, THEN IT COULD BE USED FOR LONG-TERM RENTAL TO NON-FAMILY MEMBER.
AND IT MAY BE APPROPRIATE TO NOT EVEN MENTION FAMILY IN THAT SECOND PART.
BECAUSE ONCE YOU PUT THAT, ONCE YOU PUT THE, THE, UH, UH, IF WE COULD GO BACK TO THE, YEAH.
THE APPROVAL IS FOR ONE ACCESSORY DWELLING AND THEN EVERYTHING AFTER THAT YOU WOULD STRIKE AND, AND POSSIBLY REPLACE WITH AND MAYBE USED FOR LONG-TERM RENTAL ONLY.
OR I SHOULD SAY, SHALL BE USED FOR LONG-TERM RENTAL ONLY.
AND, YOU KNOW, IF IT'S A FAMILY MEMBER IN THERE, PERFECTLY FINE.
BUT WHAT, WHAT WE GENERALLY DON'T WANT TO, TO SEE IS, UH, UM, WELL, WE'RE, WE'RE TRYING TO FOSTER SOME, SOME OPPORTUNITIES FOR ADDITIONAL, FOR ADDITIONAL HOUSE, FOR ADDITIONAL LONG TERM HOUSING.
AND, AND I THINK THAT'S WHERE THE, THAT'S WHERE ACCESSORY DWELLING UNITS AND PLANNING AND ZONING CAN KIND OF INTERSECT HERE AT THIS, UH, THIS CONDITION.
[01:15:01]
THROUGH THAT PROCESS, DO WE HAVE LONG TERM RENTAL DEFINED SOMEWHERE? I MEAN, DOES THAT LONGER THAN A YEAR, DO YOU HAVE THAT TIMELINE? THAT'S A GOOD, GOOD QUESTION.COUNTY, COUNTY, THREE 30 OVER 30 DAYS IS CONSIDERED LONG TERM UNDER THE TODD TAX ORDINANCE.
IT COULD BE, YOU KNOW, OVER 30 DAYS.
WE'D STILL, YOU KNOW, UH, WHEN WE'RE TALKING ABOUT MOVING AN RV OUT OF THE FLOODPLAIN FOR 180 DAYS, THEN CAN SOMEONE JUST DO A SERIES OF 30 DAY, A 30 DAY LEASES? UM, THAT IS, YOU KNOW, THAT'S ALSO, UH, ANOTHER CONSIDERATION.
UH, 30 DAY LEASES MAY BE APPROPRIATE FOR, UM, YOU KNOW, FOR MAYBE VISITING NURSES, UH, UM, DOCTORS, UH, UH, EXECUTIVES WHO MAY BE COMING TO THE SHORE FOR A SHORT AMOUNT OF TIME.
BUT, UH, UH, MR. SIEBEL, THE, UH, YOU KNOW, THAT IS THE ESTABLISHED OR THE UNDERSTOOD DEFINITION OF LONG TERM.
ANYTHING THAT'S NOT SHORT TERM, UH, BEING 30 DAYS OR LONGER WOULD BE LONG TERM.
I THINK THAT, UH, THAT WOULD BE APPROPRIATE.
UH, OF COURSE, WE'D LIKE TO SEE LONGER, UH, LONGER LEASES THAN A MONTH, YOU KNOW, JUST FOR THE PURPOSES OF WHAT WE'RE TALKING ABOUT, THE SHORTAGE OF HOUSING.
BUT, UH, BUT THE, UM, THE, THE SHORT TERM RENTAL IS, IS WHAT WE'RE TRYING TO CONTROL HERE.
WELL, I'M AFRAID THE LOOPHOLE IN THAT IS YOU, YOU, YOU RENT IT FOR A YEAR AND ALLOW SUBLEASING AND THEN THEY SUB LEASE IT FOR SHORTER PERIOD.
THERE, THERE ARE SEVERAL WAYS TO, YOU KNOW, TO TO, TO GET AROUND THAT HYPOTHETICALLY.
BUT THAT, THAT'S ALL I'VE GOT TO OFFER.
COULD I ASK A, A QUESTION? I GUESS MR. PAYMAN IS THIS, AND I, I DON'T THINK IT'S OUR PURVIEW, BUT IT LOOKS LIKE THEY'RE GONNA SHARE A SEPTIC SYSTEM BASED ON THE 1997.
YES, THEY WOULD, THEY WOULD SHARE SEPTIC.
THIS APPROVAL DOES NOT STOP THEM FROM STILL GETTING HEALTH DEPARTMENT APPROVAL.
IT'S, AND SO WE'RE, WE'RE LOOKING AT THIS WITH, WITH AN AMENDMENT TO, TO NUMBER THREE.
SO WE'LL AMEND NUMBER THREE, AND WE'LL ALSO CHANGE THE WORDING OF NUMBER FIVE TO PRIOR TO THE ISSUANCE OF THE BUILDING PERMIT.
ARE THERE ANY OTHER QUESTIONS BEFORE WE, ARE WE READY FOR A MOTION? I'M, I'LL MAKE A MOTION.
I MOVE THAT AACK COUNTY BOARD ZONING APPEALS APPROVE, SUSE 0 0 0 1 24 DASH 2025, A SPECIAL USE PERMIT PURSUANT TO AIMA COUNTY CODE 1 0 6 DASH 5 3 22 TO ALLOW FOR AN ACCESSORY DWELLING FOR TAX PARCEL 1 0 1 DASH A DASH 73 C WITH NINE CONDITIONS WITH NINE CONDITIONS, UH, REVISED WITH, WITH REVISIONS.
BEFORE WE DO, CAN WE GO BACK TO THE CONDITIONS? UM, ANOTHER OPTION THAT WE HAVE IS YOU COULD, YOU COULD TAKE OUT, YOU COULD TAKE, YOU COULD, WE COULD ACTUALLY TAKE OUT CONDITION FOUR FOR SHORT TERM RENTALS, AND WE COULD RIGHT.
AND THEN WE COULD DO FOR NUMBER THREE, WE COULD DO THE APPROVAL IS FOR ONE ACCESSORY DWELLING AND SHORT TERM RENTALS ARE PROHIBITED.
THAT'S, IF THAT'S, IF THAT WORKS TOO.
I I WAS WHISPERING IN MR. JONES'S EAR WITHOUT HAVING FULLY READ THIS SLIDE, UH, TODAY.
I DIDN'T REALIZE THAT NUMBER FOUR ALREADY.
UM, UH, ALREADY SAID SHORT TERM RENTAL IS PROHIBITED.
IF I COULD OFFER JUST ONE AMENDMENT TO CONDITION NUMBER THREE, AND THAT IS JUST A STRIKE EVERYTHING AFTER THE WORD DWELLING, SINCE WE'VE ALREADY GOT NUMBER FOUR.
AND THAT WAY, YOU KNOW, YOU'RE NOT PROHIBITING THE, THE USE OF IT BY THE FAMILY.
AND SHORT TERM RENTAL IS PROHIBITED.
THAT AUTOMATICALLY ADDRESSES, YOU KNOW, IT NEEDS TO BE FOR LONG TERM.
SO IF WE COME UP WITH SOME SYSTEM, UH, YOU KNOW, WHERE, AND IT'S POSSIBLE TO THAT THERE'S, UH, THERE'S COMPANIES OUT THERE THAT WILL MONITOR HOW MANY SHORT-TERM RENTALS AND WE CAN GET A LIST.
UH, WE'RE NOT QUITE THERE YET, BUT I THINK THAT WITH REGARDS TO CONDITION NUMBER THREE, IF WE'RE CONCERNED ABOUT, YOU KNOW, UH, LONG-TERM RENTALS BEING THE PREFERENCE, THEN WE CAN CERTAINLY JUST STRIKE, UH, EVERYTHING AFTER THE WORD DWELLING IN NUMBER THREE.
AND THEN, UH, JUST KEEP NUMBER FOUR, THE WAY THAT IT'S WORDED NOW, AND ACCEPTABLE MODIFICATIONS ON NUMBER FIVE.
GRACIE, IS THAT ACCEPTABLE TO THE MOTION YOU MADE? THAT IS ACCEPTABLE.
[01:20:01]
BEEN PROPERLY MOVED IN SECOND.A ALL OPPOSED, NAY BEEN APPROVED.
WOULD LIKE SOMEONE WENT TO DO THE, THE SECOND PART OF THAT? YES.
I MOVED TO ABA COUNTY BOARD OF UNDER APPEALS APPROVE VARIANCE 0 0 0 1 6 1 DASH 2 0 2 5.
A VARIANCE OF THE APPLICANT IS REQUEST A VARIANCE OF ONE OH A HUNDRED AND FOUR FEET FROM THE 140 FEET DISTANCE BETWEEN PRIMARY AND ACCESSORY DRILLING FOR ABA COUNTY CODE 1 0 6 DASH 2 3 8 AND A VARIANCE OF 12,028 SQUARE FEET FROM THE 60,000 SQUARE FEET FOOT MINIMUM PER MACK COUNTY CODE 1 0 6 DASH 5 3 22 FOR TAX PARCEL, 1 0 1 DASH A DASH 73 C WITH THE CONDITIONS RECOMMENDED BY STAFF.
WE'RE READY FOR STAFF AS FAR AS NEXT MONTH, UH, WE HAVE, UH, TWO SPECIAL USE PERMIT CASES AND TWO, UM, APPEAL OF ZONING ADMINISTRATOR DECISIONS.
SO THE TWO SPECIAL USE PERMIT CASES, ONE'S FOR AN RV FOR HABITATION, AND THE OTHER ONE IS FOR AN ACCESSORY STRUCTURE WITHOUT THE PRIMARY.
AND I AM NOT A HUNDRED PERCENT FAMILIAR WITH THE ZONING ADMINISTRATOR APPEALS TO TELL YOU WHAT EXACTLY THEY ARE.
UH, LEE, PAM, THE DEPUTY COUNTY ADMINISTRATOR, COMMUNITY ECONOMIC DEVELOPMENT AND DESIGNATED ZONING ADMINISTRATOR, I'VE ISSUED TWO DETERMINATIONS THAT HAVE BEEN APPEALED OR, UH, THE STAFF, UH, HAS ISSUED DETERMINATIONS THAT ARE BEING APPEALED.
NUMBER ONE IS A FLOODPLAIN DETERMINATION, WHICH, UH, THE STAFF HAS PRIMARILY BEEN DEALING WITH.
AND, UH, IT'S MY UNDERSTANDING THAT THEY WANT TO DEFER THAT TO FEBRUARY.
THEY WANT TO DEFER TO FEBRUARY.
SO WE'LL NEED TO GET THAT IN WRITING YES.
BUT THE OTHER APPEAL IS WITH REGARDS TO, UH, THE VAULTED DEEP, UH, UM, PROPOSAL TO, UH, TO, IN, TO PUT IN AKAMAK A DEEP INJECTION.
WELL FOR THE PURPOSES OF DISPOSING, UM, UH, POULTRY WASTE AND LITTER.
SO I HAD DETERMINED AND WRITTEN A DETERMINATION, AND YOU MIGHT HAVE SEEN SOME OF THE PRESS IN THE NEWSPAPER, THAT IS NOT AN ALLOWED USE IN OMA COUNTY, AND THEY HAVE APPEALED THAT, UH, THAT DETERMINATION.
SO WE CAN CERTAINLY EXPECT, UM, UH, UH, AN INTERESTING CASE NEXT MONTH FOR THAT APPEAL.
YOU'VE GIVEN US SOME INTERESTING CASES.
UM, THE COUNTY ATTORNEY AND I, OR, AND, UH, AND, UH, MR. WATSON, AND, AND, AND CERTAIN STAFF WILL BE DISCUSSING HOW TO, UH, UM, YOU KNOW, HOW TO, UH, RESPOND TO THAT APPEAL.
BUT, UH, GENERALLY THAT'S PROBABLY GONNA BE YOUR CASE OF THE DAY NEXT MONTH.
ANY OTHER QUESTIONS THAT I CANNOT, THAT I CAN OFFER OR ATTEMPT TO ANSWER AT THIS POINT? BUT YOU'LL OBVIOUSLY BE GETTING A, A STAFF REPORT ON THAT.
LIKE THE GUY SAID IN JAWS, WE'RE GONNA NEED A BIGGER PLACE.
IT'S CERTAINLY GENERATED A LOT OF INTEREST, SO MAKE SURE THE SPEAKER'S IN THE HALL WORK.
UM, DEPENDING ON HOW MUCH INTEREST WE GET.
UH, SO IT HASN'T BEEN ADVERTISED.
IT HASN'T, THE NOTICES HAVEN'T BEEN SENT OUT YET, AND THAT'S GONNA BE HAPPENING HERE IN JUST A COUPLE OF WEEKS.
I CAN'T BELIEVE THAT IT'S ALREADY DECEMBER, BUT, UH, UM, THAT'S GONNA BE A REALLY QUICK TURNAROUND.
SO I SUSPECT THAT ONCE THOSE NOTICES ARE SENT OUT, THAT WE WILL GET, UH, THAT WE'LL START TO GET SOME, UM, UH, MORE SPECIFIC, UH, UH, COMMENT.
SHALL WE JUST SAY MOST LIKELY OBJECTION TO THE SITE, WHICH WAS
WHEN YOU, UH, REJECT, OR I GUESS THIS APPLICATION, I GUESS IS THE WORD I'D USE, DO YOU CITE CHAPTER AND VERSE IN THE CODE THAT WE CAN REFER TO? YOU KNOW, WE, SO TO PREPARE OURSELVES FOR, FOR THIS SPECIFIC, UH, FOR THIS SPECIFIC CASE, WE INDICATE WHERE, UH, WHAT WE'VE SAID IS IT'S THE ZONING ORDINANCE IS SILENT ON THEIR PROPOSED USE.
SO IN, IN OUR OPINION, THAT IS NOT ALLOWED,
[01:25:01]
UH, IF THEY, SO WE'RE NOT ACTUALLY LOOKING AT A SPECIFIC CHAPTER IN VERSE OR A CHAPTER IN CODE SECTION TO SAY, YOU KNOW, THIS IS THE CLOSEST USE OR, OR WHAT HAVE YOU.WHAT WE'RE SAYING IS THE, UH, THE THE USE IS JUST NOT CONTEMPLATED IN THE ZONING ORDINANCE AND THEREFORE IS NOT ALLOWED IN ORDER FOR IT TO BE ALLOWED.
A, AN ORDINANCE AMENDMENT BY THE BOARD OF SUPERVISORS WOULD BE REQUIRED.
THAT'S THE PROPERTY ZONED, THE PROPERTY IS ZONED AG
THEY WANT TO SUBSURFACE INJECT.
IT'S, UH, WITHOUT REVEALING TOO MUCH, I, I WOULD SAY THAT THAT KIND OF WASTE IS NOT AN AG BYPRODUCT, BUT AN INDUSTRIAL BYPRODUCT.
SO THAT'S JUST A PREVIEW OF THE CASE.
WE'RE NOT TRYING TO SOLVE IT TODAY, OBVIOUSLY.
BUT, UH, THAT IS WHAT YOU'LL BE, UH, THAT'S WHAT YOU'LL BE SEEING NEXT MONTH.
THANK YOU FOR YOUR CHRISTMAS PRESENT,
ON THAT NOTE, ON BEHALF OF THE STAFF, I'D LIKE TO WISH ALL OF YOU, UH, UH, WELL, I KNOW WE JUST HAD THANKSGIVING.
I HOPE EVERYONE HAD A, UH, A NICE THANKSGIVING AND WE WILL HAVE A, UM, UH, UM, A MEANINGFUL AND MERRY CHRISTMAS AND, UH, HOLIDAY THANK YOU TO YOU.
CAN I, CAN I ASK ONE, ONE OTHER THING? YES.
ON, ON EVERY ONE OF THESE, IT HAD, YOU KNOW, MARKED THE FOUR CORNERS MM-HMM
AND WITH A, A, A SURVEYOR CERTIFICATION AND ALL.
I'M NOT SAYING THAT'S A TALL, I I GET IT.
BUT, YOU KNOW, GETTING SURVEYORS OUT TO DO THAT AND DO THAT COMES AT AN EXPENSE AND TIME.
AND, UH, I, I DON'T KNOW THAT, I DON'T KNOW IF ANYBODY'S TRIED TO GET ANYTHING SURVEYED, BUT I JUST GOT A FOUR CORNER MARKING.
IT'S $800 AND A SIX WEEK WAIT.
I MEAN, I'M NOT QUESTIONING IT, I'M JUST SAYING THAT WE USED TO, I NEVER SAW, I HAVEN'T SEEN IT BEFORE, YOU KNOW, ABOUT PUTTING THE, THE FLAGS UP AND NOW, NOW IT'S IN THERE AND, UH, YOU KNOW, IT'S A, IT'S ONE LITTLE LINE, BUT IT'S, IT'S A SIGNIFICANT TIME DELAY IN MONETARY EXPENSE.
YOU KNOW, SOMETIMES I'VE HAD IT WHERE THEY, YOU ASK THEM TO RELOCATE THE CORONERS AS OPPOSED TO MARK THEM, AND THAT'S A LITTLE LESS, BUT STILL YOU NEED METAL DETECTORS AND YEAH.
SO DEPENDS IF IT'S BEEN SURVEYED OR NOT.
ANYTIME YOU GET 'EM OUT THERE AND THEY'VE GOT TO DO IT AND, AND THEY GOTTA SIGN OFF ON IT MM-HMM
AND IT'S TIME, TIME AND MONEY'S RIGHT.
AND IT'S ALSO, UM, IT'S ALSO AN, AN ADMINISTRATION ENFORCEMENT AND ACCOUNTABILITY, UH, ISSUE FOR US BECAUSE WE DO NOT, YOU KNOW, WE CAN TAKE A TAPE MEASURE, BUT UNLESS WE KNOW WHERE THE, WHERE THE CORONERS ARE, ARE, YEAH.
WE WON'T BE ABLE TO, I MEAN, THERE'S BEEN COUNTLESS PROPERTIES BOUGHT AND SOLD WITH NO SURVEY OR ANYTHING.
AND, AND WE'RE ONLY ASKING FOR THAT TO BE DONE.
YOU KNOW, THESE ARE, THESE ARE MAJOR DISCRETIONARY CASES THAT DEMAND PRECISION WHEN YOU'RE TALKING ABOUT INCHES.
THAT LEVEL OF PRECISION IS, I'M JUST GOING WAY BACK, YOU KNOW, I MEAN, THERE'S LOTS OF DESCRIPTIONS LIKE BIG PINE TREE, RIGHT? OH YEAH.
THE OTHER THING WE NEED TO PROBABLY DO EITHER NEXT MONTH OR VERY SOON, IS WE NEED TO NAME EITHER A CHAIR OR, OR FIGURE OUT WHAT WE'RE GONNA DO.
I'M, I'M VICE CHAIR SERVING AS CHAIR.
WE DON'T HAVE A CHAIR PER, AND WE DON'T HAVE A VICE, WE DON'T HAVE A SECOND.
NOW SOMETHING HAPPENS, MR. WATSON WILL, WILL, UH, WE'LL TAKE A LOOK AT THAT AGENDA ITEM.
BUT CERTAINLY THAT'S, YOU KNOW, YOU COULD, UH, YOU KNOW, YOU COULD CERTAINLY DO THAT AT THE END OF THE DECEMBER MEETING OR AT THE BEGINNING OF THE JANUARY MEETING.
BUT, UH, YOU KNOW, UH, BEGINNING OF JANUARY IS USUALLY WHEN THAT'S DONE FOR MOST BOARDS AND COMMISSIONS.
I'M SAYING WE, WE NEED TO MAKE SURE WE TAKE, TAKE CARE OF THAT.
SOMEBODY CAN BE PREPARED JUST IN CASE I DON'T SHOW UP.
UH, SO REALLY QUICK, WE GOT JUST TWO OTHER EXTRA ITEMS THAT YOU'VE SEEN IN THE AGENDA.
[01:30:01]
CALENDAR.UM, IS THERE, SO IF YOU GUYS WOULD JUST REVIEW IT, JUST MAKE SURE EVERYTHING LOOKS FINE.
UM, AND THEN, UH, REAL ESTATE DISCLOSURE FORMS. SO THEY'VE GOTTA BE SIGNED, UM, THEY'RE DUE FEBRUARY 1ST OF 26TH, BUT THEY HAVE TO ALSO BE SIGNED AND DATED AFTER JANUARY 1ST, 2026.
SO, UM, JANUARY 7TH MEETING, WE'LL HAVE THOSE FORMS AVAILABLE FOR YOU GUYS.
I WAS SUPPOSED TO SAY I DIDN'T GET, AND WE CAN DO THAT ONLINE.
I THINK SO, RIGHT? I'M NOT SURE.
DO WE HAVE A MOTION THAT THE MEETING BE ADJOURNED? MOVE TO ADJOURNED.
ALL IN FAVOR? A SEE YOU GUYS MAKING, HEY, CAN I ASK YOU A QUICK QUESTION? NO.