* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. ACK COUNTY BOARD [00:00:01] OF ZONING APPEALS MEETING FOR FEBRUARY [Board of Zoning Appeals on February 4, 2026.] THE FOURTH, 2026. AS I SAID, I'M GARY MILLER, I'M THE CHAIRPERSON OF THIS COMMITTEE. I'M GONNA ASK THE FELLOW MEMBERS IF THEY WILL, UH, INTRODUCE THEMSELVES AND WE'LL START WITH MR. GALE LYNN GALE, GRACIE MILMORE A BOLT. AND WE DO HAVE A QUORUM. UH, UH, WE'RE GLAD TO HAVE OUR STAFF WITH US ALSO. UH, AND, UH, THEY WILL BE TALKING TO YOU FROM TIME TO TIME AS WELL. WE HAVE NO, UH, REQUEST FOR REMOTE PARTICIPATION, SO WE'RE GONNA MOVE WITH THE ADOPTION OF THE AGENDA AND ASK IF LEE WOULD COME FORTH. I THINK HE HAS A DIRECTION TO OUR AGENDA. UH, THANK YOU, UH, MR. CHAIR, MEMBERS OF THE BOARD, LEE PAM, A DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT. UH, IT'S OUR UNDERSTANDING THAT THE ATTORNEY FOR YOUR, UH, YOUR APPEALS CASE IS ACTUALLY ON HIS WAY TO, UH, REQUEST A CONTINUANCE. BUT WHAT WE'RE GONNA DO IS, UH, GO AHEAD AND TAKE THAT IN, IN AGENDA ORDER. SO IF YOU WOULD JUST GO THROUGH THE REST OF YOUR AGENDA, AND THEN WHEN IT COMES TIME FOR THAT CASE, WE'LL HAVE THE ATTORNEY OFFICIALLY, UM, UH, FORMALLY REQUEST THE, THE CONTINUANCE. OKAY. THANK YOU ALL. THANK YOU. UH, WITH, WITH THAT ADDITION, DO WE HAVE A MOTION TO ADOPT THE AGENDAS PUT FORWARD? SO MOVED. SO MOVED. SECOND. ALL IN FAVOR? AYE. AYE. AYE. THAT HAS BEEN APPROVED FOR MY, OUR MINUTES FROM JANUARY 7TH. UH, HOPEFULLY EVERYONE HAS HAD A CHANCE TO REVIEW THAT IF THERE ARE NO, UH, NECESSARY CORRECTIONS. DO WE HAVE A MOTION TO ACCEPT THE, THE MINUTES FROM THE JANUARY 7TH MEETING? MR. CHAIRMAN, I READ THE MINUTES THAT THEY APPEAR TO BE ACCURATE. I MAKE A MOTION TO APPROVE THE MINUTES. MOTION TO APPROVE. I WASN'T, HEAR YOU. GO AHEAD. OH, I SECOND. OKAY. ALL IN FAVOR? AYE. AYE. AYE. UH, THE MINUTES ARE APPROVED. AT THIS TIME, WE'RE GONNA OPEN UP OUR PUBLIC HEARING. GOOD MORNING, EVERYBODY. UH, FOR THE RECORD, I'M GIN JONES. I'M THE CODE ENFORCEMENT OFFICER FOR ZONING. UM, WE'VE GOT FIVE CASES TODAY, SO LET'S, UH, GET STARTED. UH, THE FIRST ONE IS FOR, UH, ROBERT AND JOSET WHEATLEY. THIS IS SUSE 0 0 0 1 8 4 20 25 AND VARIANCE 0 0 0 1 9 2 20 25. THIS IS TEMPORARY HABITATION OF AN RV. UH, LITTLE BACKGROUND. UM, INFORMATION, ROBERT GISETTE WEEKLY ARE THE APPLICANT AND OWNERS. UH, THE LOCATION IS 1 5 4 6 7 PUNGA ROAD, OR, UH, TAX MAP NUMBER, 100 DASH A DASH 15 LEXINGTON, DISTRICT EIGHT. UH, THE ACREAGE IS, UH, 62 ACRES ZONE RESIDENTIAL. UH, THE FUTURE LAND USE RES, UH, RECOMMENDATION IS RURAL SETTLEMENT AREA AND AGRICULTURAL, UH, CURRENT PROPOSED USES ARE RESIDENTIAL ADJACENT ZONINGS ARE RESIDENTIAL AND AGRICULTURAL. AND THE ADJACENT USES ARE A MIXTURE OF SINGLE FAMILY HOMES. UM, SO THIS IS THE PROPERTY, UM, ZONED RESIDENTIAL. FUTURE LAND USE IS A MIXTURE OF RURAL SETTLEMENT AND, UH, AGRICULTURAL. THERE IS RPA ON THE PROPERTY, BUT NOT WHERE THE SITE IS. UM, AND ALSO, UH, FLOOD PLAIN. THE PROPERTY'S NOT IN FLOOD ZONE. UM, THESE PICTURES OF THE SITE, UH, THE BOTTOM TWO ARE, UH, TIG ROAD, LIKE YOUR, UH, THIS ONE IS GOING TOWARDS THE POST OFFICE. THIS ONE'S GOING AWAY FROM THE POST OFFICE. UM, AND THIS IS A COUPLE PICTURES OF THE SITE. YOU CAN SEE THE RV RIGHT THERE. UM, THIS IS A SITE PLAN SHOWING THE PROPOSED LOCATION OF THE RV. UM, AND ALSO JUST FOR BACKGROUND INFORMATION, THERE ARE, UM, BUILDING PLANS FOR WHAT IS CURRENTLY BEING WORKED ON THE SITE. THEY, THEY ARE CONSTRUCTING AT THIS TIME A BARNUM. SO, UH, A DWELLING WITH STORAGE SPACE. UM, AND THIS IS JUST SOME, SO WE HAVE SOME LOOK AT WHAT THE HOUSE IS GOING TO LOOK LIKE. OKAY. SO NOW WE GO TO ZONING ORDINANCE CONSIDERATIONS, UH, 1 0 6 DASH 78 A 11 PROVIDES THE USE, WHICH WOULD BE, UH, TRAVEL TRAILERS LOCATED OUTSIDE OF TRAVEL TRAILER PARKS, WHICH ARE TO BE OCCUPIED FOR HABITATION OR STORAGE OF CHATTELS. AND THEN 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. SO WE START WITH, UH, CONSIDERATIONS FOR SPECIAL USE PERMITS. UH, NUMBER ONE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD. UH, GENERALLY TRAVEL TRAILERS FOR HABITATION ADVERSELY IMPACT [00:05:01] THE GENERAL CHARACTER OF THE SURROUNDING AREA. UH, THE AREA IS COMPRISED OF MANY DIFFERENT TYPES OF RESIDENTIAL DWELLINGS, AND GAN TRAVEL TRAILER IMPACTS THE CHARACTER OF THE NEIGHBORHOOD. HOWEVER, THE TEMPORARY PLACEMENT OF THE TRAVEL TRAILER, WHILE THE HOME IS CONSTRUCTED, WOULD NOT HAVE LONG-TERM IMPACTS OF THE SURROUNDING NEIGHBORHOOD. UH, NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES. UH, NO ADVERSE IMPACT IS ANTICIPATED. UH, THE SITE IS SERVICED BY PRIVATE WATER AND SEWER. UH, NUMBER THREE, WHETHER PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY. AND, UH, GENERALLY TRAVEL TRAILERS DO NOT CREATE AN ATTRACTIVE AND HARMONIOUS COMMUNITY. UM, WITH CAVEAT OF THIS IS GOING TO BE TEMPORARY. UH, NUMBER FOUR, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS. UH, WHILE THE PROPERTY HAS CHESAPEAKE BAY PRESERVATION AREA, THE SITE DOES NOT HAVE THIS RESTRICTION. SO ON THE PROPERTY, NOT WHERE THE RV'S GOING. NUMBER FIVE, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING A NEARBY PROPERTY OWNERS. THE ANSWER THERE IS THE USE OF A TRAVEL TRAILER FOR HABITATION IN ONE LOCATION IMPACTS THE VALUE OF ADJOINING AND NEARBY PROPERTY OWNERS. THE TEMPORARY NATURE OF THIS REQUEST WOULD LESSEN THE IMPACT IN THE LONG TERM. UH, NUMBER SIX, WHETHER 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, THE ANSWER IS NO. TRAVEL TRAILERS ARE NOT DESIGNED FOR USE IN ONE LOCATION CONTINUOUSLY. HOWEVER, THE BZA HAS GRANTED SPECIAL USE PERMITS FOR THIS TYPE OF USE OF PREVIOUS MEETINGS. NO LOCAL LAWS, ORDINANCES, OR REGULATIONS ARE AFFECTED. AND, UH, NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE, THE ANSWER IS NO. THE USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE. UM, SO, AND THEN FOR THIS, THIS AGAIN, IS JUST THE DEFINITIONS THAT WE TALKED ABOUT FOR THE SPECIAL USE PERMIT, BECAUSE THEY'RE GONNA MATTER FOR THE VARIANCE AS WELL. SO, CONSIDERATIONS FOR VARIANCE APPLICATIONS. UH, NUMBER ONE, STRICT APPLICATION VERSUS RE UH, STRICT APPLICATION, UNREASONABLE RESTRICTION VERSUS ALLEVIATING HARDSHIP FROM A PHYSICAL CONDITION. ANSWERS NO, THE APPLICANT DOES NOT MEET THIS CRITERIA BECAUSE THE PROPERTY COULD STILL BE USED TO PLACE A SINGLE FAMILY DWELLING IN AN EVENT THAT AN RV WAS NOT APPROVED. IT IS THE APPLICANT'S CHOICE TO HAVE AN RV OF THIS LENGTH ON THE PROPERTY. UH, NUMBER TWO WAS THIS ACQUIRED IN GOOD FAITH AND NOT A SELF-CREATED HARDSHIP. THE ANSWER THERE IS NO. WHILE THE PROPERTY APPEARS TO HAVE BEEN ACQUIRED IN GOOD FAITH, THE APPLICANT DOES NOT MEET THIS CRITERIA BECAUSE THE SIZE OF THE TRAVEL TRAILER IS AT A LENGTH THAT IT NEEDS VARIANCE. UH, NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES. THE ANSWER IS NO. THE PROPOSED TRAVEL TRAILER WILL NOT INHIBIT ACCESS TO ANY OF THE SURROUNDING PROPERTIES. UH, NUMBER FOUR, GENERAL RECURRING IN NATURE TO AMEND THE ORDINANCE TO ALLEVIATE. UM, GENERALLY THIS IS NOT A RECURRING SITUATION THAT REQUIRES AN ORDINANCE AMENDMENT TO ADDRESS. UH, NUMBER FIVE, DOES THIS RESULT IN A USE NOT OTHERWISE PERMITTED OR REZONING OF A PROPERTY? THE ANSWER THERE IS NO. THIS USE IS ALLOWED BY A SPECIAL USE PERMIT, WHICH IS ALSO PART OF THIS APPLICATION. AND NUMBER SIX, IS THE REMEDY SOUGHT AVAILABLE THROUGH SPECIAL EXEMPTION? UH, NO. THERE IS NO OTHER PROCESS AVAILABLE TO ADDRESS THIS REQUEST. UH, UTILITIES, UH, THE PROPERTY IS SERVICED BY PRIVATE WELL AND SEPTIC UTILITIES ARE ALONG PUNGA ROAD. UH, TRANSPORTATION STREETS. PUNGA TIG ROAD IS A STATE MAINTAINED SECONDARY ROADWAY. IT IS IN GOOD CONDITION. ENVIRONMENTAL, THE PROPERTY DOES HAVE RESOURCE PROTECTION AREA ALONG THE REAR PROPERTY LINE. UH, THE SITE FOR THE HOME AND RV IS NOT IN THE RPA. UM, PUBLIC COMMENT AND ADDITIONAL INFORMATION NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT NOTICE PER STATE LAW, ONE PUBLIC COMMENT IN SUPPORT OF THE PROJECT WAS RECEIVED. UH, STAFF FINDINGS, THE APPLICANT HAS PLACED AN RV ON THE PROPERTY FOR HABITATION WHILE THE HOME IS BEING BUILT. UH, THE APPLICANT HAS APPLIED FOR A BUILDING PERMIT UNDER PERMIT NUMBER BLDR 0 0 0 9 82 DASH 2024 TO CONSTRUCT THE HOME, UH, THE RV WILL BE LIVED IN TEMPORARY WHILE THE HOME IS FINISHING CONSTRUCTION. AND OF COURSE, THIS IS AN AFTER THE FACT APPLICATION. STAFF RECOMMENDATIONS STAFF RECOMMENDS THE APPROVAL OF SUSE 0 0 0 1 8 4 20 25 DUE TO THE TEMPORARY NATURE OF THE RV WHILE THE HOME IS FINISHING CONSTRUCTION. UM, AS FAR AS THE VARIANCE, STAFF DOES NOT TYPICALLY MAKE RECOMMENDATIONS FOR VARIANCES, HOWEVER, THE APPLICANT HAS NOT MET THE THRESHOLD FOR APPROVAL OF THE VARIANCE. UM, SHOULD [00:10:01] THE BCA APPROVE THE SPECIAL USE PERMIT AND VARIANCE STAFF RECOMMENDS THE FOLLOWING CONDITIONS? UH, NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT. UH, NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND PLOT PLAN AS SUBMITTED. NUMBER THREE, THE SPECIAL USE PERMIT SHALL BECOME NULL AND VOYAGE SHALL THE PROPERTY BE SOLD OR TRANSFERRED. NUMBER FOUR, THE APPROVAL IS FOR ONE UNIT AND IS ONLY FOR THE APPLICANT OR HIS FAMILY. UH, THE SPECIAL USE PERMIT SHALL EXPIRE EITHER ONE YEAR FROM THE DATE OF ISSUANCE OR WITH THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE HOUSE. THE APPROVAL DOES NOT INCLUDE SHORT-TERM RENTAL OF THE SITE. UH, NUMBER SEVEN, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE TRAVEL TRAILER IS ON SITE. NUMBER EIGHT, THE APPLICANT SHALL ALLOW THE COUNTY TO PERFORM INSPECTIONS OF THE SITE AT ANY TIME WHILE THE SPECIAL USE PERMIT IS ACTIVE. AND NUMBER NINE, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE SPECIAL USE PERMIT NO EMPLOYED. THAT IS THE MOTION I CAN ANSWER ANY QUESTIONS AT THIS TIME. THE APPLICANTS ARE ALSO HERE? YES. IF YOU HAVE ANY QUESTIONS FOR THEM, DOES ANYBODY FROM THE COMMISSION HAVE ANY QUESTIONS FOR SEIN? OKAY. UH, IF NOT, WE HAVE FOLK WHO HAVE SIGNED UP, UH, THE APPLICANTS. IF YOU WISH TO, UH, MAKE A STATEMENT OR ANYTHING, WE ASK THAT YOU WILL COME FORWARD. UH, STATE YOUR NAME. HI, GOOD MORNING. MY NAME IS JOSET WHEATLEY. JOSEPH WHEATLEY. UH, I'M ONE, UH, YOU, YOU HAVE TO BE SWORN IN. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? SO HELP YOU GUIDE ON ALL THESE MATTERS? ABSOLUTELY. YES, SIR. YES. SO WHAT WOULD YOU LIKE TO SHARE WITH US? WELL, WHAT I'D LIKE TO SHARE IS WHEN WE PURCHASED THIS PROPERTY JUST IN FULL, UM, MR. SYNGENTA'S BEEN VERY GOOD TO WORK WITH US, BUT WHEN WE PURCHASED IT, WE THOUGHT WE WERE BUYING AGRICULTURAL PROPERTY. AND SO WE STARTED PLANTING CHESTNUT TREES. WE PLANTED 130, OUR TRACTOR BROKE. WE DECIDED WE'D BETTER START BUILDING A BARN TO FIX IT. WE STARTED DOING THAT THINKING WE WERE UNDER AGRICULTURAL CONDITIONS. WE WERE ADVISED THAT WE WERE NOT, THAT THIS HAD BEEN CHANGED TO RESIDENTIAL ZONING NOW. SO, UH, WE WERE TOLD THAT WE EITHER HAD TO TAKE THE BARN DOWN OR BUILD A HOUSE. WE OPTED TO BUILD A HOUSE, ALTHOUGH WE'RE IN OUR SIXTIES AND WE'RE GETTING READY TO RETIRE. . UM, BECAUSE WE WERE SO FAR INTO THIS BUILD AND, UH, WE HAVE A LOT INVESTED. IT'S JUST MY HUSBAND AND I, WE LIVE FULL TIME IN BERLIN AND WE TAKE CARE OF MY IN-LAWS TWO DOORS OVER. SO WE CAN'T REALLY MOVE HERE FULL TIME AT THIS TIME. SO WE OPTED TO DO THIS SO THAT WE COULD, UM, ULTIMATELY END UP RESIDING HERE IN THE COUNTY. UH, WE, UH, WE BROUGHT THE BUS OVER SO THAT WE HAVE A PLACE TO SHELTER AT NIGHT AND, YOU KNOW, TO STAY OUT OF THE HEAT IN THE SUMMERTIME. AND THAT'S REALLY WHY THE BUS IS THERE. UH, YOU KNOW, WE ARE LAW ABIDING CITIZENS AND WE CERTAINLY WOULD'VE ASKED PERMISSION HAD WE KNOWN THAT THIS WAS A CONDITION. AND WE ARE HERE TODAY REQUESTING THE SPECIAL USE SO WE CAN FINISH BUILDING THIS HOME THAT WE WEREN'T PLANNING TO BUILD IN OUR SIXTIES. SO THAT IS WHY I'M HERE TODAY. SO I WOULD LIKE TO ASK YOU ALL TO FIND IT IN YOUR HEART TO FIND APPROVAL, TO ALLOW US TO CONTINUE THIS SO WE CAN MOVE OUR LIFE FORWARD. ANY QUESTIONS? I HAVE A QUESTION. YES, MA'AM. HOW LONG DO YOU THINK IT WILL TAKE YOU ALL TO COMPLETE THE HOUSE? HONESTLY, WE HOPE TO BE DONE IN SIX MONTHS, IS WHAT WE WOULD LOVE TO BE DONE. AND WE ARE, WE ARE, WE ARE HERE AT ANY TIME THAT WE ARE NOT WORKING. WE ARE BOTH, UH, I'M SELF-EMPLOYED. SO OFTEN WE BRING THE WORK HERE AND CONTINUE TO WORK. AND WE'RE HERE EVERY WEEKEND, WITH THE EXCEPTION OF THE LAST TWO. IT IS WAY TOO COLD FOR THIS GIRL TO BE OUT THERE SLIPPING A HAMMER. . YEAH. SO THAT'S ABOUT WHAT WE FEEL, UH, YOU KNOW, ABOUT SIX MONTHS. IT'S JUST MY HUSBAND AND I, WE HAVE TWO DOGS. WE HAVE A DOG THAT LOST A LEG LAST JULY HERE AT THE PROPERTY. IT'S BEEN AN ORDEAL. , WE JUST WANT TO GET TO THE OTHER SIDE. MM-HMM . SO DO YOU THINK WITH WEATHER IN ALL SIX MONTHS IS LONG ENOUGH? HONESTLY, PROBABLY NOT. WE ARE PUSHING IT THE BEST WE CAN. UM, I MEAN, IF IT WAS, YOU KNOW, CONSIDERED, I'M JUST ASKING, MAYBE I'M CUTTING MYSELF SHORT. 'CAUSE I FIND THAT IT TAKES LONGER TO DO THINGS THAN WHAT WE ANTICIPATE. UM, YOU KNOW, SIX, EIGHT MONTHS, I DON'T KNOW. I'M HOPING BY THE END OF SUMMER WE ARE DONE. WE, WE'VE HAD TO PUT OUR, OUR, UM, PLANTING ASIDE UNTIL WE FINISHED THIS. AND THIS IS WAS THE GOAL WAS TO PLANT CHESTNUT FARMS. SO WHEN WE RETIRE, WE COULD SELL CHESTNUTS AND PICK UP CHESTNUTS HERE AND LIVE IN THE COUNTY. AND, UH, YEAH, I I SAY SIX MONTHS. UM, IT MAY TAKE EIGHT, BUT OUR INTENTIONS ARE NOT TO [00:15:01] LIVE IN OUR PO IT'S A COACH. WE DON'T WANNA LIVE THERE FULL TIME. WE HAVE A BEAUTIFUL HOME ON THE WATER IN, IN OCEAN PINES IN BERLIN. AND, AND, UM, OUR OBLIGATIONS ARE THERE CURRENTLY. BUT WE LOVE THE COMMUNITY. WE LOVE OUR NEIGHBORS. WE ENJOY THE COMMUNITY. WE, UH, WE ATTEND A LOCAL CHURCH ON SUNDAYS. WE, WE ENJOY THE PLACE. SO WE ASK THAT YOU, YOU FIND IT IN YOUR HEART TO APPROVE THIS SO WE CAN, THERE'S NO WAY THAT WE COULD TRAVEL AN HOUR AND A HALF AFTER WORKING ALL DAY LONG. WE WORK 10, 12 HOURS A DAY WHEN WE'RE THERE. SO I ASSUME FROM WHAT YOU'VE SAID, THAT CONSTRUCTION ON THE HOUSE HAS BEGUN. OH, YES SIR. YEAH. SO WHEN WE STARTED, WE WERE SIMPLY BUILDING A BARN JUST FOR SHELTER, BECAUSE AS YOU ALL KNOW, AND WE DIDN'T KNOW, BUT THE WIND IS SOMETHING ELSE HERE IN THE COUNTY AND, YOU KNOW, IT GETS VERY HOT. AND WE NEEDED SHELTER TO PULL THIS TRACTOR APART. I KNOW NOTHING ABOUT TRACTORS, BUT WE'RE LEARNING A LOT AS WE GO. AND SO THAT'S HOW THE BARN STARTED. AND WHEN WE WERE ADVISED THAT WE COULD NOT, I HAVE A DRAFTING COMPANY AND I DRAW HOUSES FOR A LIVING. I STAYED UP ALL NIGHT AND TURNED IN MY PLANS THE NEXT DAY TO THE COUNTY FOR APPROVAL. UM, BECAUSE I HAD NO IDEA THAT I COULD NOT BUILD A BARN. I THOUGHT UNDER AG, 'CAUSE I DO PERMITS FOR A LIVING, THAT I WOULD BE GOOD TO GO. THINGS WERE NOT THAT WAY. BUT TO CORRECT IT, WE OPTED TO JUST, WE'RE GONNA BUILD IT BECAUSE WE HAD PUT SO MUCH SWEAT AND EQUITY IN IT ALREADY. AND, UH, THAT'S HOW THE BARN, THAT'S HOW THE HOME, WE REALLY WANTED A HOME ON THE BACK END OF THE PROPERTY. AND IT MIGHT END UP BEING THAT WAY SOMEDAY. UH, AND, UM, I THINK THE COUNTY WOULD HOPEFULLY WORK WITH US IF IT WAS A POSSIBILITY. BUT RIGHT NOW, THIS MIGHT BE OUR LAST HURRAH. 'CAUSE YOU KNOW, WE'VE NEVER BUILT A HOME AND IT'S BEEN A, YOU KNOW, WE'RE JUST TWO OF US. WE'RE MAKING IT HAPPEN. IT'S A BIG, BIG BUILDING. MR. UH, THIS IS PROBABLY FOR MR. JONES, BASED ON THE DATE THE BUILDING PERMIT WAS ISSUED IN 2024. YES. YES, SIR. HOW LONG DO THOSE, UH, WHAT'S THE LONGEVITY OF THOSE 18 MONTHS OR SOMETHING? IT, IT, IT DEPENDS ON, IT DEPENDS ON A COUPLE FACTORS. ONE IS LIKE, PROGRESS. SO EVERY SIX MONTHS, IF YOU GET, IF YOU GET A PROGRESS, UM, INSPECTION, IT'S GOOD FOR ANOTHER SIX MONTHS. SO IT'S, IT'S NOT OUT OF THE REALM THAT WE'LL HAVE A 2024 PERMIT STILL BEING WORKED ON. UM, ESPECIALLY THIS TIME OF YEAR. IT, IT DOES HAPPEN. UM, AND I ASSUME THEY'VE MET THE PROGRESS REPORTS ONCE THEY GOT YES. AT THIS POINT, AT THIS POINT, THE ONLY THING THAT'S HOLDING UP THEIR BUILDING PERMIT IS APPROVAL OF THE RV BECAUSE THE RV WAS A VIOLATION. UM, AND JUST TO PIGGYBACK OFF OF MS. MILLBURN, UM, IT IS CONDITION NUMBER FIVE. SPECIAL USE PERMIT SHALL EXPIRE EITHER ONE YEAR FROM THE DATE OF ISSUANCE OR WITH THE ISSUANCE OF A CERTIFICATE OF ANCY. SO WHICHEVER COMES FIRST, THEY GET DONE AT SIX MONTHS. CERTIFICATE OF OCCUPANCY DISEASE ISSUED, SPECIAL USE PERMIT GOES AWAY. OKAY. THANK YOU, SIR. DOES ANYONE ELSE HAVE ANY OTHER QUESTIONS WE JUST ASK? NO, THANK, THANK YOU. THANK YOU VERY MUCH. DID, DID YOU WANNA SPEAK? I DID. I COULD. OKAY. UH, WILL YOU GIVE US YOUR NAME? UH, ROBERT WHEATLEY. UH, ROBERT, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH ON ALL MATTERS BEFORE YOU? I DO. OKAY. TELL US WHAT YOU'D LIKE. SO, UM, I APPRECIATE THE OPPORTUNITY TO SPEAK WITH YOU AND I UNDERSTAND WE'RE IN A BIND, UM, WITH THE COUNTY AND WITH US PERSONALLY. UM, THIS IS AN RV. IT'S 40 FOOT, IT'S A DIESEL PUSHER. IT'S GOT A THREE 50 CAT ON THE BACK FULLY, YOU KNOW, LOADED WITH, UH, BATHROOM AND KITCHEN AND EVERYTHING. RIGHT. UM, IT'S NOT ALWAYS ON THE PROPERTY. WE TAKE IT OFF THE PROPERTY QUITE FREQUENTLY. WE HAVE A SEPTIC THERE. I'VE NEVER HOOKED A SEPTIC UP TO IT YET. UM, ALTHOUGH I, I COULD BECAUSE WE'VE BEEN APPROVED, BUT WE TAKE IT OFF AND WE, WE'D GO UP TO BO POKE A BOAT AND DUMP IT AND IT'S, YOU KNOW, GOTTA EXERCISE THE BUS EVERY ONCE IN A WHILE. I GOTTA DO MAINTENANCE ON IT AND THINGS LIKE THAT. SO WE HAVE A PARKING PAD ON THE OTHER SIDE OF THE BUILDING. UH, IT'S NOT SEEN BY THE, REALLY ALL THE NEIGHBORS, YOU KNOW, PART, PART OF IT COULD BE SEEN, BUT THAT'S WHAT WE'RE DOING. I'M 65. THIS WAS MY LAST HURRAH FOR BUILDING ANYTHING, AND I'M JUST TRYING TO GET IT DONE AND WE'RE REALLY THERE. AND, UM, THE COUNTY'S BEEN GREAT, UH, WITH, WITH GUIDANCE AND THINGS LIKE THAT, AND I APPRECIATE THEM AND, UH, WE WE'RE JUST THERE. AND, UM, I APPRECIATE YOUR CONSIDERATION. OKAY. ANY QUESTIONS? THANK YOU. [00:20:01] ALSO, UH, HAVE, UH, A ROBBIE. THAT BOBBY? YES. OKAY. WOULD YOU GIVE US YOUR FULL NAME? UH, ROBERT CARROLL HETHER. OKAY. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH ON ALL MATTERS BEFORE YOU CONCERNING US? I DO. OKAY. WHAT WOULD YOU LIKE TO SHARE WITH US? I'M THE PASTOR OF THE LOCAL CHURCH. I ALSO OWN PROPERTY RIGHT THERE ON , UH, ROAD AND THE FARM THAT'S BEHIND THE HOUSES ACROSS THE STREET FROM WHERE THEIR FARM IS. AND I JUST WANT TO SAY, ENCOURAGE Y'ALL TO, UH, PASS THEM ON THIS. UH, THEY'VE BEEN GOOD NEIGHBORS SINCE THEY'VE, UH, BEEN OVER THERE AND, AND INTRODUCED MYSELF AND GOTTEN KNOW 'EM. THEY'VE BECOME, UH, PART OF THE COMMUNITY. UH, THEY'VE GOT A GOOD HEART TO, TO HELP PEOPLE AND THEY FIT RIGHT ON IN. AND I CAN ALSO UNDERSTAND FROM WHERE THEY LIVE IN BERLIN, COMING DOWN TO DO THIS, UH, TAKING TIME, HAVE SOME PLACE TO HAVE SHELTER RUN TWO RESTROOMS. THEY NEED TO, WHATEVER. BUT ON BEHALF OF BEING SENIOR TRUSTEE FOR, FOR PUMPKIN TICK COMMUNITY CHURCH FOR MY PROPERTIES, BOTH MY WIFE AND MYSELF OWN, AND FOR THE FARM THAT I HAVE BEHIND THAT I SPEAK POSITIVE FOR IT. OKAY. YES. DOES ANYBODY HAVE ANY QUESTIONS FOR, THANK YOU. THANK YOU. ANYTHING ELSE YOU'D LIKE TO ADD? UH, NO, SIR. OKAY. COULD YOU DO ME ONE FAVOR? IF YOU WOULD JUST PULL UP THE, THE ONE FOR THAT, THE HOUSE THAT SHOWS THE HOUSE PLAN, AND KIND OF TELL ME WHERE, WHERE THE, THE, UH, TRAILER IS IN WHERE, WHERE'S THE TRAILER IN RESPECT TO THE TRAILER'S GONNA BE, THE TRAILER'S GONNA BE RIGHT HERE. OH, OKAY. UM, YOU CAN SEE IT ON THIS SITE PLAN. OKAY. THE TRAILER'S RIGHT HERE. GOTCHA. OKAY. IT'S GONNA BE IN THE BUILDING WHEN IT'S DONE, SIR. OKAY. IF THERE ARE NO OTHER QUESTIONS OR COMMENTS, DO WE HAVE, UH, A RECOMMENDATION? I MAKE A MOTION TO APPROVE THAT THE ACKERMAN COUNTY BOARD OF ZONE APPEALS APPROVE, SUSE 0 0 0 180 4 DASH 2 25, A SPECIAL USE PERMIT PURSUANT TO AMA CODE SECTION 1 0 6 DASH 77 A 11 TO ALLOW FOR TEMPORARY HABITATION FOR AN RV FOR TAX PARCEL 100 DASH A DASH 15 WITH THE NINE CONDITIONS RECOMMENDED BY STAFF. OKAY. WE'VE HAD THAT, UH, UH, RECOMMENDATION. THAT MOTION. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? AYE. A AYE. THAT'S BEEN APPROVED. DO WE HAVE A, A MOTION NOW FOR THE, UH, VARIANCE, I MOVE TO MACK COUNTY BOARD OF ZONED APPEALS APPROVED ANCE 0 0 0 1 9 2 DASH 2 0 2 5, A VARIANCE OF FOUR FEET FROM THE 36 FEET MAXIMUM LENGTH REQUIREMENT FOR RVS AS STATED IN THE CROMACK COUNTY CODE 1 0 6 DASH ONE OR TAX PARCEL, 100 DASH EIGHT DASH 15 WITH THE NINE CONDITIONS RECOMMENDED BY STAFF. GOT A MOTION? DO WE HAVE A SECOND ON THAT? SECOND. ALL IN FAVOR? AYE. AYE. AYE. HAS BEEN APPROVED. THANK YOU. THANK YOU. OKAY. SO THE, UH, NEXT CASE WE HAVE IS, UH, THE TOWERS, LLC ON BEHALF OF GARLAND HARVEY. UH, THIS IS SUSE 0 0 0 1 8 9 20 25. AND THIS IS A TOWER OVER A HUNDRED FEET. THIS IS IN THE AGRICULTURAL DISTRICT. UM, APPLICANT IS THE TOWERS, LLC, UM, PROPERTY OWNER IS, UH, GARLAND HARVEY. UH, LOCATION IS, UH, 68 DASH A DASH 180 8. A UH, ELECTION DISTRICT IS DISTRICT FOUR. UH, THE PROPERTY IS APPROXIMATELY 16 ACRES ZONED AGRICULTURAL FUTURE LAND USE RECOMMENDATION IS ALSO AGRICULTURAL. UH, THE CURRENT AND PROPOSED USES. UH, THE CURRENT USES AGRICULTURE, BUT THE PROPOSED USE WOULD BE FOR THIS TOWER. UM, ADJACENT ZONING IS AGRICULTURE AND ADJACENT USES ARE AGRICULTURAL AND RESIDENTIAL IN NATURE. UM, SO YOU GOT A LOT OF AG LAND, UM, SOME HOMES IN THE VICINITY. UM, THIS IS THE SITE, UH, ZONED AGRICULTURAL, UH, FUTURE LAND USE IS ALSO AGRICULTURAL, UH, NOT IN A FLOOD ZONE AND NOT IN RPA. UM, THESE ARE SOME PICTURES OF THE SITE. UM, THIS IS THREE 16 GOING NORTH. THIS IS THREE 16 GOING SOUTH. AND THIS GENERAL AREA IS WHERE THE TOWERS LOCATE. WE HAVE A [00:25:01] BETTER PICTURE OF THAT AS WE GO ON. OKAY. UM, THIS IS THE SITE PLAN. UM, ONLY THE SPECIAL USE PERMIT IS REQUIRED. THE BEST OF OUR KNOWLEDGE VARIANCES WILL NOT BE REQUIRED FOR THIS. IT MEETS ALL THE OTHER SETBACKS. OKAY. UM, AND ALSO THERE ARE OTHER REQUIREMENTS, PLANTINGS AND THE NATURE THAT THEY HAVE ON THEIR PLANS. UM, ALSO IT'S 199 FEET. IT'S 195 FEET FOR THE TOWER, AND ALSO A, UH, FOUR FOOT TALL ELECTRICAL ROD. AND, UH, THAT'S KIND OF WHAT IT'S GONNA LOOK LIKE FROM THE ROAD. SO WE GO TO ZONING ORDINANCE CONSIDERATIONS. UH, SECTION 1 0 6 DASH 53 26 GIVES THE USE BY SPECIAL USE PERMIT. AND THAT IS, UH, ANTENNAS AND TOWERS OVER A HUNDRED FEET IN HEIGHT. AND WE GO INTO CONSIDERATIONS FOR SPECIAL USE PERMITS. UH, NUMBER ONE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD. UM, ANSWER THERE IS NO, THE SURROUNDING AREA IS MOSTLY FARMLAND WITH RESIDENTIAL STRUCTURES. THE GENERAL CHARACTER WILL NOT BE IMPACTED. UH, NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES. THE ANSWER IS, UH, NO. THE TOWER IS A MONOPOLE, UH, CONSTRUCTION AND WILL NOT BE LOCATED NEAR ANY PUBLIC UTILITIES. UH, NUMBER THREE, WHETHER THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF ATTRACTIVE AND HARMONIOUS COMMUNITY. THE ANSWER THERE IS THE USE WILL NEITHER HINDER NOR PROMOTE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY. UH, NUMBER FOUR, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS. AND THE ANSWER IS NO ADVERSE IMPACT IS ANTICIPATED. THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS. UH, NUMBER FIVE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS. UH, THE ANSWER THERE IS NO ADVERSE IMPACT AS ANTICIPATED. THE USE OTHERWISE MEETS THE REGULATIONS SET FORTH AT AKIMA COUNTY CODE SECTION 1 0 6 2 3 7, WHICH IS THE TOWER SECTION OF THE ORDINANCE. 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, 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 YES. TOWERS OVER A HUNDRED FEET ARE ALLOWED BY SPECIAL USE PERMIT IN THE AGRICULTURAL DISTRICT. UH, NUMBER EIGHT, WHILE THE GRANTEE, THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE, UH, THE ANSWER THERE IS NO, THE USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE. UM, UTILITIES OVERHEAD POWER LINES ARE LOCATED ALONG HOPETON ROAD, UH, STREETS. HOPETON ROAD IS A VOT MAINTAINED SECONDARY HIGHWAY THAT IS AN AVERAGE CONDITION. UH, NOTICES WERE PROVIDED IN THE NEWSPAPER ADD TO ADJACENT NOTICE PER STATE LAW FOR PUBLIC COMMENT. AS A PRESSER AT, EXCUSE ME, AS OF PREPARATION OF THIS REPORT, NO WRITTEN COMMENTS WERE RECEIVED. I DID RECEIVE A PHONE CALL FROM AN ADJACENT PROPERTY OWNER. UH, HE WAS JUST ASKING FOR GENERAL INFORMATION ONCE I TOLD HIM THAT HE SEEMED FINE. UH, STAFF FINDINGS. UH, THE APPLICANT PROPOSED TO PLACE A 199 FOOT MONOPOLE TOWER IN THE AGRICULTURAL DISTRICT. UH, THIS USE REQUIRES A SPECIAL USE PERMIT DUE TO HEIGHT AND NO DETRIMENTAL EFFECTS ARE ANTICIPATED. UH, STAFF RECOMMENDS APPROVAL OF SUSE 0 0 0 1 8 9 20 25. UH, SHOULD THE BCA APPROVE THE SPECIAL USE PERMIT, THE STAFF RECOMMENDS THE FOLLOWING SEVEN CONDITIONS. UH, NUMBER ONE, THE APPLICANT SHALL APPLY FOR A BUILDING PERMIT WITH THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT. UH, NUMBER TWO, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VIRGINIA DEPARTMENT OF HEALTH AND VIRGINIA DEPARTMENT OF TRANSPORTATION REGULATIONS. UH, NUMBER THREE, THE BUILDING APPLICATION SHALL BE AS CONSISTENT WITH THIS APPLICATION. UH, NUMBER FOUR, THE PROPERTY SHALL BE PROPERLY MAINTAINED WHILE THE STRUCTURE IS BEING CONSTRUCTED AND SHALL NOT BE ALLOWED TO FALL IN DISREPAIR AFTER CONSTRUCTION. A VIOLATION OF THIS CONDITION WILL RENDER THE SPECIAL USE PERMANENT NULL AND VOID. UH, NUMBER FIVE, THE APPLICANT SHALL COMPLY WITH SECTION 1 0 6 DASH 2 37 AS IT RELATES TO TOWER REGULATIONS. UM, NUMBER SIX, THE SPECIAL USE PERMIT IS VALID FOR A PERIOD OF TWO YEARS. AND NUMBER SEVEN, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID. THAT IS THE MOTION. BUT BEFORE WE GO TO COMMENTS, THE APPLICANTS DO HAVE A POWERPOINT THAT THEY WOULD LIKE TO PRESENT. OKAY. FIRST, DOES ANYONE HAVE ANY QUESTIONS TO ING IT BEFORE WE MOVE UP? NO. CAN I, I'VE GOT A QUESTION. SURE, GO AHEAD. ON THE APPLICATION PACKAGE, THE APPLICANT INTENDS TO INSTALL 195 SELF-SUPPORT MONOPOLE MM-HMM . WITH A FOUR FOOT LIGHTNING ROD. YES. WITHIN A 50 BY 50 FENCE COMPOUND LOCATED ON A 10,000 SQUARE FOOT LEASE PORTION. CORRECT. AND I'M, THERE'S PROBABLY SOME OBSCURE REGULATION, BUT WHY IS THIS NOT TURNING [00:30:01] IT INTO A COMMERCIAL USE? THE USE, I MEAN, IT'S OBVIOUS THEY'RE GONNA SUBLET WHATEVER YOU CALL 'EM. THE, THE WAY THAT OUR ZONING, THIS MAY BE A BETTER QUESTION FOR MR. WATSON, BUT THE WAY THAT I UNDERSTAND THE ORDINANCE IS WE DON'T REALLY GET INTO LEASED AREAS OR THINGS LIKE THAT. WE, WE JUST DEAL WITH THE USE. THE USE IS THE TOWER AND THE, THE PROPERTY ZONED AGRICULTURAL. WE, AND IT'S NOT THAT UNCOMMON FOR, FOR TOWERS TO BE IN A LEASED AREA, BUT THEY'RE NOT CONSIDERED COMMERCIAL. NOT, NOT FOR OUR PURPOSES. MR. WATSON, NOT, UH, PAUL WATSON, DEPUTY DIRECTOR. I WOULD JUST SAY THAT, UH, A CELL TOWER OR TOWERS ARE SPECIFICALLY ALLOWED BY SPECIAL USE PERMIT. UM, AND THIS TYPE OF TOWER, I BELIEVE IS CONTEMPLATED, UH, BY, UH, TOWERS BEING ALLOWED BY SPECIAL USE PERMIT. OKAY. SO IT'S IN, WITHIN THE RIGHT, WITHIN THE SYSTEM OR CODE OR WHATEVER YOU YEAH. UH, YES. I THINK, UH, DUE, I MEAN, DUE TO THE FACT IT'S AVAILABLE BY, UH, THIS USE IS AVAILABLE BY SPECIAL USE PERMIT IN THIS DISTRICT, UH, MEANS IT'S AN, AN ALLOWABLE USE, UM, OBVIOUSLY, UH, CONTINGENT ON THIS BOARD. SO, DECISION. THANK YOU. OKAY. LET'S, I I CAN MAKE A, A COMMENT. GO AHEAD. UM, A NUMBER OF YEARS AGO, UH, TO CONSTRUCT A TOWER REQUIRED BUSINESS ZONING, IT WAS A SIGNIFICANT IMPEDIMENT TO CONSTRUCTION OF THESE TOWERS BECAUSE TO, UH, IT WAS IN DIRECT VIOLATION OF THE COMPREHENSIVE PLAN TO CREATE LITTLE BUSINESS ZONES TO CONSTRUCT TOWERS. SO THE BOARD OF SUPERVISORS CHANGED IT TO WHAT WE CURRENTLY HAVE TO FACILITATE THESE TOWERS. OKAY. THANK YOU. MM-HMM . THERE'S, IF THERE'S NO OTHER QUESTIONS FOR ME, THE APPLICANTS HAVE A PRESENTATION. OKAY. UH, WHICH APPLICANT IS PRESENTED PRESENT. WILL YOU COME AND GIVE US YOUR NAME AND GET SOMEONE IN BEFORE WE START LOOKING AT YOUR INFORMATION? GOOD MORNING CHAIR. UH, MEMBERS OF THE BOARD OF ZONING APPEALS FOR THE RECORD, MY NAME IS LISA MURPHY, AND I AM COUNSEL TO THE APPLICANTS, IT'S, UM, THE, UH, TOWERS LLC DOING BUSINESS AS VERTICAL BRIDGE AND VERIZON WIRELESS, WHICH IS ALSO KNOWN AS SELCO PARTNERS. OKAY. SO DO YOU, CAN WE SWEAR YOU, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH ON ALL MATTERS? THAT'LL BE BEFORE US. I DO. OKAY. ALRIGHT. THANK YOU. GOOD MORNING AGAIN. UM, THANK YOU TO MR. JONES FOR A THOROUGH PRESENTATION AND FOR MR. WATSON AND STAFF, UM, FOR WORKING WITH US ON THIS APPLICATION. WHAT I WOULD SAY ABOUT YOUR QUESTION, IN ADDITION TO, UH, MR. GAIL'S COMMENTS, REALLY THESE ARE MORE LIKE PUBLIC UTILITIES, EVEN THOUGH THEY'RE NOT TREATED LIKE PUBLIC UTILITIES. UM, IT, IT'S NOT UNLIKE A TELEPHONE POLE. SO I THINK THAT'S PART OF THE REASON IT'S NOT CARVED OUT SPECIFICALLY AS A DIFFERENT TYPE OF USE. UM, THE, IN THIS CASE, UH, WE'VE GOT SPECIAL USE PERMIT APPLICATION. WE ARE, AS WAS INDICATED, REQUESTING 195 FOOT SELF-SUPPORT MONOPOLE THAT HAS A FOUR FOOT LIGHTNING ROD ON TOP, AND THAT'S TOGETHER WITH RELATED ANTENNAS AND EQUIPMENT ON A 10,000 SQUARE FOOT PORTION OF THE PROPERTY LOCATED AT 16 400 HOPETON ROAD. UM, THE PROPOSED TOWER IS CRITICAL TO VERIZON WIRELESS'S GOAL OF PROVIDING STATE-OF-THE-ART, VOICE, AND DATA SERVICES IN AKIMA COUNTY, INCLUDING WIRELESS INTERNET BETWEEN HOPETON AND PARKLEY, AS WELL AS IMPROVED COVERAGE ALONG ROUTE THREE 16 AND TO BUSINESSES AND RESIDENTS IN THE SURROUNDING AREA. UM, THIS IS A SLIDE THAT TALKS A LITTLE BIT ABOUT THE DEMAND, BUT IN THE LATE 1990S AND EARLY TWO THOUSANDS, UM, CONSUMERS USED WIRELESS PHONES JUST FOR BUSINESS TRAVEL. SO INITIAL NETWORKS WERE BUILT OUT ALONG THE MAJOR ROADWAYS AND THE MAJOR HIGHWAYS. AND, UM, MOST OF THE COVERAGE I'LL SHOW YOU IN THE NETWORK MAP THAT I'VE GOT, UH, IN THIS POWERPOINT IS LONG ROUTE 13. UM, WHAT'S HAPPENED THOUGH, IS THE NUMBER OF USES HAVE, HAS GROWN AND THE NUMBER OF USERS HAS GROWN. YOU FAST FORWARD, HARD TO BELIEVE 26 OR MORE YEARS. UM, YOU'VE NOW GOT A SITUATION WHERE IN DECEMBER OF 2007, JUST TO COMPARE, ONLY 16% OF PEOPLE WERE WIRELESS ONLY AT HOME BY DECEMBER OF 2024. WE DON'T HAVE THE 2025 NUMBERS [00:35:01] YET, BUT BY DECEMBER OF 20 24, 70 9% OF ADULTS AND JUST OVER 87% OF CHILDREN LIVED IN WIRELESS ONLY HOUSEHOLDS. IN ADDITION, UM, 80% OF 9 1 1 CALLS ARE MADE FROM WIRELESS. SO WE HAVE A SITUATION NOW WHERE YOU'VE GOT MILLENNIALS WHO'VE NEVER HAD A LANDLINE PHONE, THEY'VE NEVER HAD TO GO TO THE TELEPHONE COMPANY TO GET THEIR PHONE AND RENT IT AND GET IT HOOKED UP. THEY ONLY HAVE WIRELESS PHONES. UM, AS I MENTIONED, NETWORK CAPACITY IS REALLY OUTSTRIPPED BY ALL THE DIFFERENT DEMANDS, ALL THE NUMBER OF USERS AND USES. UM, TODAY WE USE OUR SMARTPHONES NOT JUST TO MAKE A PHONE CALL, WE'RE SURFING THE INTERNET, SENDING AND RECEIVE PHOTOS, VIDEOS, UM, PAYING BILLS ONLINE, ORDERING GOODS ONLINE, UH, EVEN HAVING APPOINTMENT WITH APPOINTMENTS WITH OUR DOCTORS ONLINE. SO AS THE NUMBER OF USERS AND USES HAS INCREASED, UM, IN ORDER TO KEEP UP WITH THAT DEMAND, WE REALLY NEED MORE WIRELESS INFRASTRUCTURE. AND THESE, UM, ANTENNA SITES, WHETHER IT BE ON A TOWER OR ANOTHER TALL STRUCTURE, REALLY NEED TO BE CLOSER TO THE RESIDENTS, UM, THAT THEY'RE INTENDED TO SERVE. THIS JUST SHOWS YOU A, A, A CHART OF THE ACTUAL USAGE, AND THIS IS JUST PEOPLE WHO ARE WIRELESS ONLY AT HOME. SO I ANTICIPATE THESE NUMBERS ARE GONNA BE EVEN, EVEN HIGHER. UM, FOR LAST YEAR'S NUMBERS, AS I MENTIONED, UH, HERE'S A SLIDE THAT SHOWS THE, UH, NETWORK THAT VERIZON WIRELESS HAS IN THE COUNTY. AND AND POINTS TO THE, FOR FURTHER NORTH, YOU'LL SEE THE, UH, RED PIN TO THE LEFT, UH, NEAR WHERE IT SAYS HOPETON IS, UH, THE PROPOSED ANTENNA SITE OR THE TOWER SITE. AND THEN THE YELLOW PINS ARE THE EXISTING SITES. THE, UM, THIS PARTICULAR SITE WILL, UM, CONNECT WITHIN THIS NETWORK. SO TO THE NORTH, YOU HAVE A TOWER LABELED TEMPERANCE BILL, THAT'S APPROXIMATELY 7.5 MILES TO THE NORTH. UM, THIS IS GONNA CONNECT WITH ANTENNAS ON A TOWER LABELED MAPS V, WHICH IS APPROXIMATELY 3.85 MILES TO THE NORTHEAST, UH, TOWER LABELED PARKLEY, APPROXIMATELY 2.58 MILES, UH, 2.85 MILES TO THE SOUTHEAST. AND THEN FINALLY, A TOWER LABELED GREEN BUSH PURDUE FARMS, WHICH IS 5.75 MILES. UM, TO THE SOUTH, LIKE THE NETWORK OF OTHER WIRELESS CARRIERS. VERIZON'S NETWORK OF ANTENNA SITES IS LARGELY BASED ON THE USE OF EXISTING ANTENNA, UH, EXISTING TOWERS AND TALL STRUCTURES. THAT PROCESS IS FASTER, IT'S CHEAPER. UM, IT USUALLY ONLY REQUIRES THE SUBMISSION OF, OF, UH, BUILDING PLANS. SO BEFORE DETERMINING, UM, THAT A NEW SITE, UH, WAS AVAILABLE, AS I MENTIONED, THEY LOOKED TO SEE WHAT ELSE IS ALREADY IN THE AREA. THE CHALLENGE OF SITING, UH, A TOWER IS RELATED TO THE FACT THAT IT REALLY INVOLVES REGULATIONS FROM NOT ONLY THE STATE LEVEL, YOU'VE GOT THE LOCAL LEVEL, AND THEN FEDERAL, UH, REQUIREMENTS AND REGULATIONS AS WELL. THE THING THAT DICTATES THE LOCATION, THOUGH, OF WHERE THE ANTENNAS NEED TO BE IS THE TECHNOLOGY, THE EXISTING ANTENNA SITES, AND THE AREA AND THE HEIGHTS OF THOSE SITES. UM, AS I MENTIONED, THE SEARCH FOR A NEW SITE STARTS WITH WHATEVER'S ALREADY THERE, EXISTING TALL STRUCTURES. IF THERE AREN'T ANY TALL STRUCTURES AVAILABLE, THE CARRIERS, UM, IN CONJUNCTION WITH THE TOWER COMPANIES ARE GONNA LOOK FOR LARGE PARCELS THAT REALLY HAVE SUFFICIENT BUFFERING, UM, DISTANCE FROM THE, THE ROAD DISTANCE FROM SURROUNDING PROPERTIES. UH, AS WELL AS SOME VEGETATIVE BUFFER CARRIERS DON'T HAVE RIGHTS OF EMINENT DOMAIN, UNLIKE THE POWER COMPANY AND THE CABLE COMPANY. SO THEY ACTUALLY HAVE TO FIND A WILLING LANDLORD AND ENTER INTO A LEASE AGREEMENT WITH A WILLING LANDLORD. AS I MENTIONED, UM, MANY LAYERS OF REGULATION, UH, INVOLVED IN CITING A TOWER SITE. THIS IS, UH, AN AERIAL PHOTO OF THE SUBJECT, UH, 16 ACRE PARCEL. IT'S, UM, AS I MENTIONED, IT HAS VEGETATION AT THE REAR. THE, UM, PROPOSED, UH, SURROUNDING USES ARE MOSTLY FARMLAND WITH SOME RESIDENTIAL STRUCTURES. AS MR. JONES INDICATED, THE TOWER WILL BE LOCATED WITHIN A 50 FOOT BY 50 FOOT COMPOUND. THIS JUST GIVES YOU A, A, A OVERLAY OF THE TOWER COMPOUND AND THE, UH, ACCESS TO IT. BUT THIS IS A, THIS IS A BETTER, UH, INDICATOR. THE, UH, TOWER ITSELF WILL BE SET BACK APPROXIMATELY 570 FEET FROM HOPETON ROAD, 490 FEET FROM THE CLOSEST OFFSITE RESIDENTIAL STRUCTURE, 500 [00:40:01] FEET FROM THE PROPERTY LINE TO THE NORTHEAST, 310 FEET FROM THE PROPERTY LINE TO THE NORTHWEST AND 280 FEET FROM THE PROPERTY LINE TO THE SOUTHWEST. IT WILL BE ACCESSED, AS I MENTIONED, THROUGH A GRAVEL DRIVEWAY, DRIVEWAY WITHIN A 30 FOOT WIDE, NON-EXCLUSIVE, UH, ACCESS AND UTILITY EASEMENT. AND THE COMPOUND ITSELF WILL BE SURROUNDED BY, UH, CHAIN LINK FENCE AS WELL AS, UM, LE LELAND CYPRESS TREES. THE PROPOSED COMMUNICATION TOWER WILL BE A SELF-SUPPORT MONO MONOPOLE, EXCUSE ME, WITH A GALVANIZED STEEL FINISH, WHICH WILL BLEND WITH THE SKY AND WILL NOT BE MARKED OR LIT. AS I MENTIONED, MATURE TREES AND VEGETATION TO THE NORTHWEST AND THE SOUTHWEST OF THE SITE WILL PROVIDE SCREENING BUILDINGS AND EQUIPMENT INSTALLED IN THE COMPOUND WILL UTILIZE NEUTRAL COLORS. UH, IN ADDITION, AS INDICATED, UM, THERE WILL BE LANDSCAPING AROUND THE FENCE COMPOUND HERE IS SOME PHOTOGRAPH PHOTOGRAPHIC SIMULATIONS OR PHOTO SIMS AS WE CALL THEM, UM, THAT WERE GENERATED FROM A BALLOON TEST. A BALLOON TEST. THE, UH, APPLICANT FLOATS A THREE FOOT WIDE DIAMETER BIG RED BALLOON IN THE LOCATION OF THE PROPOSED TOWER AT THE HEIGHT OF THE PROPOSED TOWER. AND THEN THE ENGINEERS DRIVE AROUND AND TAKE PICTURES, AND THEN THEY CREATE SIMULATIONS OF WHAT THE TOWER WOULD LOOK LIKE BASED ON THOSE. UM, AND THEY TEND TO HELP FOLKS GET A SENSE OF WHAT, UM, WHAT THE IMPACT WOULD BE. SO THIS GIVES YOU A MAP SHOWING THE SITE LOCATION IN GREEN, AND THEN VARIOUS PHOTOS AROUND THE SITE FROM, FROM PUBLIC ROADWAYS. THERE YOU SEE THE RED BALLOON AND THEN THE SIMULATION. THIS IS RIGHT FROM HOPETON ROAD DIRECTLY IN FRONT OF THE SITE. ANOTHER SPOT WHERE THE, UH, BALLOON WAS NOT VISIBLE. UM, AN ADDITIONAL LOCATION WHERE THE BALLOON WOULD NOT BE VI WAS NOT VISIBLE. SO AGAIN, IF YOU COULDN'T SEE THE BALLOON, YOU WOULDN'T BE ABLE TO SEE THE TOWER. UM, A PHOTO, UH, THIS WOULD BE THE EXISTING VIEW WITH THE BALLOON. YOU SEE THE RED BALLOON OFF IN THE DISTANCE, AND THEN THE SIMULATED, UM, MONOPOLE TOWER, AGAIN, ANOTHER SITE, UH, CLOSER FROM THE ROADWAY. AND THEN, UH, WHAT THE STRUCTURE WOULD LOOK LIKE. ANOTHER VIEW WHERE THE, UH, TOWER WOULD NOT BE VISIBLE. AGAIN, ANOTHER VIEW WITH A NOT VISIBLE, UM, THIS PARTICULAR VIEW THERE WAS, YOU COULD SEE THE BALLOON, AND AGAIN, WITH THE GALVANIZED STEEL MONOPOLE, UM, NOT MUCH OF AN IMPACT ABOVE THE, ABOVE THE TREE LINE. THIS, AGAIN, LOOKING BACK TOWARDS THE TOWER SITE, YOU'VE GOT THE VEGETATION BLOCKING SOME OF THE VIEW. LET'S, UM, THE TOWER WILL BE DESIGNED TO COLLAPSE WITHIN A, WITHIN THAT 50 FOOT FOOT BY 50 FOOT COMPOUND. THAT'S A REQUIREMENT OF THE ORDINANCE. IT WILL MEET, UH, OR EXCEED MINIMUM STANDARDS AND REGULATIONS APPLICABLE, UM, UH, LOCAL, FEDERAL, STATE, AND LOCAL BUILDING CODES AND REGULATIONS. THE TOWER WILL BE BUILT, AND I THINK THIS WAS MENTIONED BY MR. JONES, THE TOWER'S GONNA BE BUILT FOR VERIZON WIRELESS, BUT THERE WILL BE SPACES FOR TWO ADDITIONAL CO-LOCATED. SO IF AT AND T OR T-MOBILE HAVE A NEED IN THE AREA, WHICH WE SUSPECT THAT THEY PROBABLY DO, THEY WOULD ALSO HAVE THE OPPORTUNITY TO PROVIDE COVERAGE FROM THE TOWER. UM, THE TELECOMMUNICATIONS FACILITY, AS WAS MENTIONED, WILL OPERATE CONTINUOUSLY 24 HOURS A DAY. IT'S UNMANNED. IT, IT WILL BE, UM, VISITED INFREQUENTLY BY A TECHNICIAN. UM, SO IT REALLY DOES HAVE A LIMITED IMPACT. ONCE THE CONSTRUCTION IS COMPLETE. IT'S NOT GONNA BE A LOCATION WHERE YOU'LL HAVE MEMBERS OF THE PUBLIC COMING AND GOING. IT REALLY WILL BE VERY PASSIVE USE. IT DOESN'T REQUIRE, UM, ANY SERVICES FROM THE COUNTY. UH, AND WE FEEL THAT IT WILL BE A BENEFIT IN THE SENSE THAT WE'LL, IT WILL ENHANCE, UH, COMMUNICATION SERVICES, BUT ALSO THOSE, UH, 9 1 1, UH, SERVICES AS WELL AS INDICATED. UH, THE PROPOSED TOWER WILL PROVIDE MUCH NEEDED WIRELESS SERVICES AND EMERGENCY COMMUNICATIONS FOR COUNTY RESIDENTS IN A MANNER THAT WILL HAVE A MINIMAL IMPACT ON SURROUNDING USES. A STRONG WIRELESS NETWORK PROMOTES ECONOMIC DEVELOPMENT TOURISM, AND ALLOWS RESIDENTS TO WORK REMOTELY AND TO OPERATE HOME BUSINESSES, AS WELL AS TAKE ADVANTAGE OF ONLINE EDUCATIONAL AND WORK FROM HOME OPPORTUNITIES, WHICH HELP TO CREATE A STRONG WORKFORCE. STAFF HAS DETERMINED THAT NO DETRI DETRIMENTAL EFFECTS ARE ANTICIPATED FROM THE PROPOSED TOWER, AND THEY ARE RECOMMENDING APPROVAL WITH SEVEN CONDITIONS. UM, I DO HAVE ONE COMMENT. I THINK THERE WAS A CONDITION ABOUT TWO [00:45:01] YEARS. UM, AND I TOOK THAT TO MEAN THAT IT WOULD EXPIRE AFTER TWO YEARS IF CONSTRUCTION HADN'T STARTED. UM, THAT THAT IS CORRECT. SO IF, IF IN THE TWO YEAR PERIOD THEY DO NOT START CONSTRUCTION OF THE, OF THE TOWER, THEN THE SPECIAL USE PERMIT WOULD JUST GO AWAY. I JUST WANTED TO CONFIRM THAT IT WOULDN'T GO AWAY AFTER TWO YEARS. UH, WITH THAT, WE, UM, AGREE WITH THE CONDITIONS. WE RESPECTFULLY REQUEST THAT YOU APPROVE SUSE DASH 0 0 0 1 8 9 20 25, AND I'M HAPPY TO STAND BY TO ANSWER ANY QUESTIONS. DOES ANYONE HAVE ANY QUESTIONS? NO, I'LL MAKE SOME COMMENTS. UM, I, I FARM MULTIPLE LOCATIONS IN THAT AREA AND CAN SAY THAT THERE'S DIMINISHED SERVICE FOR SURE RIGHT THERE. SO IT'S A PERFECT LOCATION. YOU KNOW, WE GO NORTH ON THREE 16 AND LOSE CALLS RIGHT SOUTH OF BLOCKS THEM AND IN THAT AREA. AND WOULD ENCOURAGE CONSTRUCTION OF MORE OF THESE BECAUSE THE EMS, ALL THE AMBULANCES HAVE, UH, UH, TELEMETRY MM-HMM . TRANSMIT TO THE HOSPITAL. AND A LOT OF THESE REGIONS, THEY CAN'T DO IT TILL THEY GET OUT. AND THAT'S NOT JUST THERE, BUT IT'S IN MULTIPLE LOCATIONS ON THE SHORE. AND, UH, AND ANOTHER EXAMPLE IS ALL, ALL MY TRACTORS AND SPRAYER HAVE WIRELESS DATA TRANSFER. SO WE'RE CONSTANTLY SENDING DATA OUT NOW, AND THAT'S, YOU KNOW, NOT JUST ME, A LOT OF OTHER MODERN EQUIPMENT AND FARMERS USE THAT. WE APPRECIATE THAT. I WILL TELL YOU AT THE BEGINNING OF THIS GENERAL ASSEMBLY SESSION, UM, YOUR STATE DELEGATE REACHED OUT TO VERIZON WIRELESS SPECIFICALLY AND SAID, PLEASE, WHATEVER YOU CAN DO, UH, WE NEED FOR YOU TO INCREASE YOUR SERVICE ON THE EASTERN SHORE. AND SO THIS IS ONE OF A FEW SITES THAT WE HAVE COMING. THERE ARE ALSO EQUIPMENT MODIFICATIONS COMING THAT WILL HELP TO UPGRADE AND ENHANCE THE EXISTING ANTENNA SITES THAT ARE THERE. BUT YES, WE'RE, AND, AND AS I SAID, THE, THE BOARD OF SUPERVISORS DID CHANGE THE REGULATORY PROCESS TO FACILITATE MORE OF THESE TOWERS. THANK YOU. THANK YOU. I WAS ONLY SIGNED UP. OKAY, LEE, TO ANSWER ANY QUESTIONS, LEE, DID YOU HAVE LEE PAM, A DEPUTY COUNTY ADMINISTRATOR COMMUNITY IN ECONOMIC DEVELOPMENT? JUST A COUPLE OF NOTES TO TACK ONTO WHAT, UM, UH, BOARD MEMBER GAIL HAD TO SAY. UH, YOU KNOW, THE 9 1 1 OR RATHER THE, UH, YEAH, THE, THE, THE 9 1 1 COMMISSION IS, UH, LOOKING AT SWITCHING TO A, UH, TO AN UPGRADED RADIO SYSTEM. BUT THE BOARD OF SUPERVISORS HAS, AS RECENTLY AS LAST MONTH RECEIVED PUBLIC COMMENT REGARDING THE LACK OF COVERAGE, UH, ESPECIALLY IN THE WATCHA PRIG AREA. SO TO THE VERIZON FOLKS, THE BOARD OF SUPERVISORS IS REALLY IN TUNE WITH, UH, UH, WPR AS WELL AS SSIS. UH, VERY BAD COVERAGE IN THOSE AREAS. BUT, UM, UH, YOU KNOW, WITH REGARDS TO THIS, THE, THE STAFF'S RECOMMENDATION, I BELIEVE IS SPOT ON. BUT THAT, YOU KNOW, NO SCENIC VISTAS ARE REALLY AFFECTED. NO WATERFRONT VISTAS, UH, UH, NO CULTURAL OR HISTORICAL RESOURCES AS FAR AS WE CAN TELL. BUT, UM, UH, JUST WANTED TO KIND OF TACK ON AND TO SUPPORT WHAT, UH, MR. GALE WAS SAYING WITH REGARDS TO THE BOARD OF SUPERVISORS. I WILL SAY THAT WITH REGARDS TO THE SPECIAL USE PERMIT PROCESS, UH, UH, A HIGHER LEVEL OF SCRUTINY IS USUALLY, UH, IS USUALLY WARRANTED FOR, UH, FOR CELL PHONE TOWERS. AND THE ONLY PLACE WHERE I CAN SEE THEY WOULD NOT BE, UH, UM, YOU KNOW, THEY WOULD NOT HAVE THAT HIGHER LEVEL OF SCRUTINY EITHER IN A RESIDENTIAL OR AG DISTRICT, IS POSSIBLY THE INDUSTRIAL. ALTHOUGH I BELIEVE THAT THERE, YOU KNOW, WE'D HAVE TO GET BACK TO YOU IF YOU'VE GOT THAT QUESTION ABOUT WHETHER THEY'RE BY RIGHT OR BY SPECIAL USE IN THE INDUSTRIAL DISTRICT. OF COURSE, WE'RE TALKING ABOUT AN AG ZONE HERE, BUT, UH, I JUST WANTED TO ADD THOSE COMMENTS TO THE RECORD. THANK YOU. THANK, THANK YOU. WE HAVE, UM, I HAVE NOTHING ELSE FOR YOU GUYS. THE, THE MOTION'S RIGHT THERE. ARE WE READY FOR A MOTION? MM-HMM . I MOVE THAT TO MACK COUNTY BOARD OF ZONING APPEALS, APPROVE, SUSE 0 0 0 1 8 9 DASH 2025, A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 26 TO ALLOW FOR THE CONSTRUCTION OF 199 FOOT MONOPOLE TOWER ON TAX PARCEL 68 A 180 8 A WITH THE SEVEN CONDITIONS RECOMMENDED BY STAFF [00:50:01] MOTION. DO WE HAVE A SECOND ON THAT? SECOND? IT'S BEEN PROPERLY MOVED. AND SECOND. ALL IN FAVOR? AYE. AYE. IT BEEN APPROVED. THANK YOU. OKAY, SO THE NEXT CASE WE HAVE IS, UH, NORMAN PITT, AND THIS IS, UH, SUSE 0 0 0 1 9 0 20 25, AND VARIANCE 0 0 0 1 1 9 3 20 25. THIS IS AN ACCESSORY DWELLING, WHICH VARIANCES. UM, JUST SOME BACKGROUND. UH, THE APPLICANT PROPERTY OWNER IS NORMA PITT. UH, THE LOCATION FOR, FOR THIS SPECIAL USE AND VARIANCE IS, UH, 1 0 2 DASH SIX DASH B FOUR. UH, ELECTION DISTRICT IS NUMBER EIGHT. ACREAGE IS APPROXIMATELY, UH, HALF AN ACRE. UM, ZONING IS AGRICULTURAL FUTURE LAND USE. RECOMMENDATIONS. AGRICULTURAL, UH, THE CURRENT AND PROPOSED USES, WHILE, WHILE THIS IS VACANT, THE CURRENT AND PROPOSED USE WOULD BE RESIDENTIAL. UM, ADJACENT ZONINGS ARE AGRICULTURAL AND ADJACENT USES ARE RESIDENTIAL AND AGRICULTURAL. UM, SO THIS IS THE, UH, SITE, UM, I'M GONNA TOUCH ON IT A LITTLE BIT LATER IN OUR, IN OUR PRESENTATION, BUT, UM, THIS PROJECT ENCOMPASSES TWO PARCELS. SO, UH, WE'RE GONNA HAVE AN ACCESSORY DWELLING HERE, OR WE HAVE A, A MAIN AND ACCESSORY DWELLING HERE. WE'RE ALSO GONNA HAVE A MAIN AND ACCESSORY DWELLING ON, ON, UH, PARCEL B FIVE, BUT WE'LL GET INTO THAT A LITTLE BIT LATER. UH, ZONED AGRICULTURAL FUTURE LAND USE RECOMMENDATION IS ALSO LAND AGRICULTURAL, NOT IN A FLOOD ZONE, NOT IN RPA. THESE ARE SOME PICTURES OF THE SITE. UM, THIS IS, UH, PHILLIPS DRIVE, UM, GOING EAST, PHILLIPS DRIVE GOING WEST, AND THAT'S A COUPLE PICTURES OF THE, UH, OF THE PROPERTY. UM, THIS IS, UH, THE SITE PLAN. WE ARE DEALING WITH THIS PARCEL HERE FOR THIS PARTICULAR CASE. UM, AND THIS IS JUST, UH, SOME RENDERINGS OF THE DWELLINGS THAT ARE PROPOSED TO GO ON THE SITE. SO NOW WE GO TO, UH, ZONING ORDINANCE CONSIDERATIONS. 1 0 6 DASH ONE GIVES THE DEFINITION OF ACCESSORY DWELLING. UM, DWELLING ACCESSORY MEANS A SUBORDINATE DWELLING UNIT LOCATED ON THE SAME LOT OCCUPIED BY THE MAIN DWELLING UNIT, AND IS DETACHED FROM THE MAIN DWELLING UNIT. ACCESSORY DWELLINGS MAY BE MANUFACTURED HOMES AS DEFINED HEREIN, NO ACCESSORY DWELLING MAY EXCEED 1200 SQUARE FEET IN FLOOR AREA. AND THEN A 1 0 6 DASH 53 22 PROVIDES THE USE ALLOWED BY SPECIAL USE PERMIT, AND THAT IS A DWELLING ACCESSORY ON LOTS WITH A MINIMUM AREA OF FIVE ACRES, OR ON NON-CONFORMING LOTS WITH A MINIMUM AREA OF 60,000 SQUARE FEET. RECORDING THE LAND RECORDS. AS OF JUNE 28TH, 2006, ACCESSORY DWELLING SHALL BE ONE, LIMITED TO ONE PER LOT, AND TWO PERMITTED WITH AN OCCUPIED MAIN DWELLING. SO WE'RE GONNA START WITH THE SPECIAL USE PERMIT CONSIDERATIONS. UH, NUMBER ONE, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD. THE ANSWER THERE IS, UH, NO ADVERSE IMPACT IS ANTICIPATED. THE SURROUNDING AREA IS A MIXTURE OF RESIDENTIAL AND AGRICULTURAL PROPERTIES. UH, NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES. THE ANSWER THERE IS NO ADVERSE IMPACT IS ANTICIPATED. UH, NUMBER THREE, WHETHER PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY. UH, THE ANSWER THERE IS THIS 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 ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS, THE ANSWER THERE IS NO ADVERSE IMPACT IS ANTICIPATED. THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS. NUMBER FIVE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS. THE ANSWER THERE IS NO ADVERSE IMPACT IS ANTICIPATED. UH, NUMBER SIX, WHETHER THE PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, UH, THE ANSWER IS THE USE WILL NEITHER HINDER OR 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 IS YES. THIS USE IS ALLOWED BY SPECIAL USE PERMIT. THERE ARE ALSO VARIANCES THAT ARE A PART OF THIS APPLICATION. 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. UM, AGAIN, WE HAVE ZONING ORDINANCE CONSIDERATIONS. UH, THE VARIANCES THAT ARE BEING APPLIED FOR ARE FOR LOT SIZE, SETBACK, DISTANCE, AND, UH, [00:55:01] SIZE OF THE DWELLING. SO, UM, THE ACCESSORY DWELLING EXCEEDS 1200 SQUARE FEET. UM, THE SITE IS ALSO, UM, LESS THAN 60,000 SQUARE FEET. SO YOU'RE GONNA SEE A VARIANCE FOR THIS, A VARIANCE FOR THIS. AND ALSO A VARIANCE FROM THE MINIMUM SETBACK DISTANCE FROM HOUSE ONE TO HOUSE TWO, UM, WHICH IS 140 FEET. THEY ARE WELL WITHIN THE 140 FEET. SO, WITH THAT SAID, CONSIDERATIONS FOR VARIANCE APPLICATIONS, UH, NUMBER ONE, STRICT APPLICATION, UNREASONABLE RESTRICTION VERSUS ALLEVIATING HARDSHIP FROM A PHYSICAL CONDITION. THE ANSWER IS NO. THE APPLICANT DOES NOT MEET THIS CRITERIA BECAUSE WHILE THE VARIANCES ARE REQUIRED FOR MULTIPLE DWELLINGS ON THE SAME LOT, THE PROPERTY CAN STILL BE UTILIZED FOR A SINGLE FAMILY DWELLING WITHOUT THE NEED FOR VARIANCE. UH, NUMBER TWO, IS THIS A GOOD FAITH ACQUISITION AND NOT A SELF-CREATED HARDSHIP? UH, NO. WHILE THE PROPERTY WAS ACQUIRED IN GOOD FAITH, THE APPLICANT DOES NOT MEET THIS CRITERIA BECAUSE IT IS THE APPLICANT'S DECISION TO PLACE ACCESSORY DWELLINGS ON THE PROPERTY SUCH THAT IT NEEDS A VARIANCE. UH, NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES. UH, NO. THE ACCESSORY DWELLINGS WILL MEET THE REGULATIONS FOR SETBACKS AND HEIGHT, BUT NOT FOR LOT SIZE, BUILDING SIZE AND DISTANCE BETWEEN STRUCTURES. UH, NO ADVERSE IMPACT TO ADJACENT NEARBY PROPERTY OWNERS IS ANTICIPATED. UM, SO BASICALLY THE, THE SUBSET OF THAT IS THEY WILL STILL MEET THE BULK REGS FOR AGRICULTURAL. SO 50 FEET FROM THE FRONT SETBACK, 35 FEET FROM THE REAR, 15 FROM THE SIDES. UH, NUMBER FOUR, IS THIS SITUATION GENERAL OR RECURRING IN NATURE TO AMEND THE ZONING, UH, TO AMEND THE ORDINANCE TO ALLEVIATE THE SITUATION? UH, THE ANSWER THERE IS NO, THE VARIANCE IS SPECIFIC TO THIS CASE, AND A GENERAL REGULATION IS NOT REQUIRED. UH, NUMBER FIVE, IS THIS USE RESULT IN A USE NOT OTHERWISE PERMITTED RE OR IS A REZONING REQUIRED? UH, NO ACCESSORY DWELLINGS ARE ALLOWED BY SPECIAL USE PERMIT, WHICH IS A PART OF THIS APPLICATION. AND NUMBER SIX, IS THE REMEDY SOUGHT AVAILABLE THROUGH SPECIAL EXEMPTION? UH, NO. THERE IS NO OTHER PROCESS TO ADDRESS THIS REQUEST. UH, COMPREHENSIVE PLAN CONSIDERATIONS. THE COMPREHENSIVE PLAN STATES THE DENSITY IN THE AGRICULTURAL DISTRICT SHOULD BE APPROXIMATELY ONE DWELLING PER FIVE ACRES. THIS USE WOULD PLACE TWO DWELLINGS ON A SITE THAT IS ROUGHLY HALF AN ACRE. UH, UTILITIES, UH, NEW WELL AND SEPTIC SYSTEMS ARE A PART OF THIS PROJECT UTIL UH, OVERHEAD ELECTRICAL UTILITIES ARE ON, UH, PHILLIPS DRIVE. UH, PHILLIPS DRIVE IS A VDOT MAINTAINED SECONDARY HIGHWAY. IT IS AN AVERAGE CONDITION. AND WE, UM, AND FOR PUBLIC COMMENTS AND ADDITIONAL INFO, SIX PUBLIC COMMENTS WERE RECEIVED IN OPPOSITION TO THIS PROJECT. UM, AND OF COURSE, THE FULL SCOPE OF THIS PROJECT INCLUDES TWO PARTIALS. A SHARED DRIVEWAY WILL BE LOCATED ALONG THEIR COMMON PROPERTY LINE. UH, STAFF FINDINGS, THE APPLICANT HAS REQUESTED A SPECIAL USE PERMIT IN ORDER TO CONSTRUCT TWO HOMES ON THE SAME PROPERTY. THE PROPERTY IS SUCH THAT A VARIANCE IS REQUIRED FOR LOT SIZE. UM, THE CONSTRUCTION OF THE DWELLINGS IS SUCH THAT THEY NEED VARIANCES FOR BOTH SIZE AND SEPARATION DISTANCE. STAFF RECOMMENDATIONS, STAFF RECOMMENDS APPROVAL OF THE SPECIAL USE PERMIT PORTION OF THIS PROJECT. UM, FOR THE VARIANCE STAFF DOES NOT TYPICALLY MAKE RECOMMENDATIONS ON VARIANCES, HOWEVER, THE APPLICANT HAS NOT MET THE THRESHOLD TO BE APPROVED FOR THE VARIANCE. SHOULD THE BZA APPROVE THE SPECIAL USE PERMIT VARIANCES, STAFF RECOMMENDS THE FOLLOWING NINE CONDITIONS, UH, CONDITIONS ONE THROUGH FIVE. 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 PLOT PLAN AS SUBMITTED. NUMBER THREE, SHORT TERM RENTAL IS PROHIBITED. NUMBER FOUR, THE SPECIAL USE PERMIT SHALL BE VALID FOR TWO YEARS. NUMBER FIVE, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE SPECIAL USE PERMIT IS ACTIVE. NUMBER SIX, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE INSPECTIONS OF THE SITE AT ANY TIME WHILE THE SPECIAL USE PERMIT IS ACTIVE. UH, NUMBER SEVEN, THE APPLICANT SHALL CONSULT WITH THE GIS COORDINATOR FOR APPROPRIATE PRIVATE ROAD NAME. UH, NUMBER EIGHT, THE APPLICANT SHALL CLEARLY FLAG ALL FOUR CORNERS OF THE PROPERTY IN 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. AND NUMBER NINE, A VIOLATION OF ANY OF THESE CONDITIONS SHALL MAKE THE SPECIAL USE PERMIT NULL AND VOID. UM, I KNOW WE'VE TALKED ABOUT THIS AT PREVIOUS MEETINGS. UH, WE ARE PUTTING NUMBER EIGHT THERE BECAUSE OF THE VARIANCES. SO WE NEED TO MAKE SURE WHERE THEY'RE ACTUALLY PUTTING IT IS WHERE THEY'RE SUPPOSED TO BE PUT. THAT IS THE MOTION I CAN ANSWER ANY QUESTIONS. I KNOW WE'VE GOT SOME, UH, PUBLIC COMMENTS AND THE APPLICANT IS ALSO HERE IF YOU WISH TO SPEAK TO HIM. OKAY. DO, DO WE HAVE ANY QUESTIONS FOR SENATOR? YEAH. ARE THE, IS THIS A LOT? YES, IT IS A LOT. IT IS A LOT. OKAY. IT'S, IT'S APPROXIMATELY A HALF ACRE LOT, BUT IT IS, IT IS A LOT. IT'S A LOT. YEAH. SO [01:00:01] ONE HOUSE WOULD WORK? YES. THEY COULD HAVE ONE HOUSE BY RIGHT. EACH, EACH PROPERTY CAN HAVE ONE SINGLE FAMILY DWELLING BY. RIGHT. WOULDN'T HAVE TO COME HERE. OKAY. WHAT'S THE SOIL TYPE THERE? I DO NOT HAVE THAT INFORMATION. ASSUMING LOOKING AT THE MAP, UM, MY BEST GUESS WOULD BE, UH, CLASS THREE SOILS, WHICH I BELIEVE WOULD BE LIKE MUNDEN SOILS. OKAY. I NOTICE HE HAS A, A SEPTIC SYSTEM, BUT HE DOESN'T SAY ALTERNATIVE ON HIS S SCHEMATICS THAT THAT WOULD BE HANDLED BY THE DEPARTMENT OF HEALTH. OKAY. AND ALL THE QUESTIONS THAT THE APPLICANT WILL ADMIT HERE, BOARD, UM, YOU, I, YOUR NAME, UH, NORMAN PITT. AND DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH ON ALL MATTERS THAT ARE BEFORE US? YES, SIR. THANK YOU. THAT'S SOMETHING THAT SHOULD HAVE BEEN PASSED OUT TO HIM. OKAY. WELL, WITH THIS PROJECT. OKAY. WITH THIS PROJECT THAT CAME UP, THE WAY IT CAME INTO BEING, WE FIRST STARTED AND, UH, IT WAS SOME LOTS THAT I BOUGHT PREVIOUS NONCONFORM, LOTS OF RECORD. HAD NO IDEA. ONE DAY WE WERE GONNA BUILD A HOME. I WAS GONNA BUILD A HOME THERE. UH, NEEDLESS TO SAY, IN THE, UH, TIME I BOUGHT ANOTHER HOME WHERE I LIVE AT NOW, UM, AND THE GENERAL PUBLIC, I GET TO TALK TO A LOT OF PEOPLE. AND THESE HOUSES ARE REALLY NOT FOR JUST, AND I HAVE NOTHING AGAINST SECTION EIGHT. I WANNA MAKE THAT CLEAR. THEY'RE ACTUALLY FOR TEACHERS, THEY'RE ACTUALLY FOR, UH, STATE TROOPERS THAT HAVE THE THREE YEAR TENDER YEAR. THEY'RE FOR, UH, WHAT WE CALLED, UM, TRAVELING NURSES. THEY'RE ALSO FOR ANYONE THAT'S ACTUALLY HERE UNDER WORKFORCE. AND I DID THE DEMOGRAPHIC, DID THE STUDY. UH, THE GOOD THING ABOUT THIS AREA IS LOCATED, GENERALLY LOCATED NINE MINUTES FROM TIG HIGH. I MEAN, IN ELEMENTARY SCHOOL, FIVE MINUTES FROM THE STATE. TROOPER BARRACKS 10 MINUTES AWAY FROM THE NANDO HIGH SCHOOL, 12 MINUTES AWAY FROM, UM, RURAL RIVERSIDE AND 15 MINUTES AWAY FROM THE A, THE , UH, ELEMENTARY SCHOOL ON THE BACK ROAD. SO ESSENTIALLY LOCATED THAT ANY OF THESE PEOPLE THAT WOULD WANT TO LIVE THERE. WE ALSO CAME UP WITH A PLAN. AT FIRST WE WAS GONNA DO DUPLEX, JUST A DUPLEX, AND IT PUT ONE ON THERE. OF COURSE, WE KNEW THE RE SO IT WAS A SINGLE FAMILY DWELLING. THERE WOULD BE MULTIPLE FAMILY. SO WE LOOKED INTO THAT AND THAT WOULD TAKE CARE OF A LOT OF THE, UH, SETBACKS AND ALL OF THAT. UH, WE DID HAVE A SOIL TEST THAT WE WENT OUT AND LOOKED. RIGHT. NOW THEY'RE SEEING THAT CERTAIN AREAS IT WOULD NEED A TYPE THREE OTHER AREAS YOU COULD GO WITH A CONVENTIONAL. SO I DID HAVE THAT DONE WITH GETTING THAT ALSO EVERYTHING TAKEN CARE OF. WE REALLY LOOKED AT THAT AND WE WANTED, WITH THE DUPLEXES, WE DIDN'T WANT IT LOOK LIKE AN EYESORE IN THAT SURROUNDING NEIGHBORHOOD, ALTHOUGH IT IS SURROUNDED BY WOODS, WE DIDN'T WANT THAT. WE WANTED IT TO, BASICALLY INDIVIDUAL HOUSES, WHEN YOU DRIVE DOWN THERE, EITHER ONE OF US SITTING IN HERE WOULD SAY, YEAH, I WOULD LIKE TO LIVE THERE. UH, WITH THE PLANS, IF IT'S APPROVED, WE WOULD LIKE TO HAVE, YOU KNOW, OUR OWN, UM, MAINTENANCE IN THERE. THEY COME IN, THEY DO ALL THE LAWN CARE. WE HAVE, UH, TRASH PICKUP. 'CAUSE WE DON'T WANT TO DO ANYTHING THAT THE NEIGHBORHOOD WILL LOOK AT IT AND SAY, THAT'S AN ISO. UH, VEGETATION PRIVACY FENCES, ALL OF THAT'S LAID OUT. UH, WE, THIS THING WAS NOT THOUGHT OF HALFHEARTEDLY. WE DID OUR RESEARCH, WE LOOKED INTO IT. AND ALSO, I, YOU KNOW, NO ONE OTHER THAN WHAT YOU SEE RIGHT NOW, I KNOW THE SURROUNDING AREAS. I GOT A FEW CALLS, A FEW STOP BY AND A FEW TEXTS, AND I, AND I ASKED ONE OF THEM, I SAID, PLEASE COME TO THE MEETING BECAUSE THIS WON'T BE AN EYESORE BECAUSE YOU'RE GOING OFF WHAT YOU HEAR AND WHAT YOU THINK AND NOT WHAT IT IS. AND WE'RE SOLELY ANTICIPATING, ACCOMMODATING THE WORKERS OF AIMA COUNTY. I HAVE ALSO TALKED TO TEACHERS WHO ARE RENTING ROOMS FOR $700 A MONTH. AND WE DONE THE DEMOGRAPHICS ON THIS. WE'RE TALKING ABOUT NO MORE THAN ABOUT $1,500 A MONTH FOR A THREE BEDROOM HOUSE. UM, PARKING AREA, PRIVACY. AND WE'RE HOPING TO GET SOME POLICE OFFICERS, THEY ACTUALLY RENT SOMETHING THERE. SOME STATE TROOPERS THAT'S EVEN MORE PROTECTION. SO WHAT WE'RE SAYING, WE'RE NOT TRYING TO DO ANYTHING THAT WOULD BE A DETRIMENTAL TO THE SURROUNDING AREA OR THE PEOPLE THAT LIVE THERE. ANYONE HAVE ANY QUESTIONS FOR? [01:05:03] NO. OKAY. THANK YOU. UH, SH SHARON? YES, SIR. MORNING, ALL. GOOD MORNING. HOW Y'ALL DOING TODAY? GOOD. WOULD YOU GIVE US YOUR FULL NAME? SHARON. Y DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH CONCERNING ALL MATTERS THAT ARE BE FORCED? YES, SIR. THANK. OKAY. OKAY. UM, I LIVE 200 FEET AWAY FROM THIS THING THAT'S GONNA BE GOING UP. HOPEFULLY NOT. UM, METAL BUILDINGS? NO. THAT, THAT'S LIKE PUTTING UP FOUR SHEDS. UM, GIVEN THE SOLE CONDITIONS IN THIS AREA, WE'RE CONCERNED WHETHER FOUR DWELLING UNITS CAN BE SUPPORTED BY ONSITE SEPTIC WITHOUT ADVERSE IMPACTS TO GROUNDWATER AND NEIGHBOR WELLS. WE RESPECTFULLY ASKING THAT THE BOARD REQUIRE VERTIFI, UH, VERIFIED HEALTH DEPARTMENT APPROVAL FOR FOUR SEP SEPARATE SEPTIC SYSTEMS FOR EXPANDED SYSTEMS BEFORE DETERMINING COMPATIBILITY TO CREATE THIS SPECIAL USE. IT MUST BE CLEARLY SIMILAR AND COMPATIBLE WITH RURAL AND AGRICULTURAL USE. IT IS NOT NUMBER ONE, FOUR DWELLING UNITS ON TWO UNDERSIZED LOTS VERSUS SINGLE FAMILY HOMES ON LARGE RURAL PARCELS AND SURROUNDING FARMLAND. NUMBER TWO, CLOSELY SPACED HOUSES. MINIMAL OPEN SPACE, UNLIKE THE WIDE SEPARATION AND OPEN LAND THAT DEFINED THE AREA. NUMBER THREE, A SIGNIFICANT, A SIGNIFICANT INCREASE IN RESIDENTIAL DENSITY IN A DISTRICT INTENDED TO REMAIN LOW DENSITY. NUMBER FOUR, A DEVELOPMENT PATTERN THAT DOES NOT REFLECT AND WOULD UNDERMINE THE EXISTING RURAL CHARACTER. EVERYBODY THAT THAT HAS HOMES WHERE WE LIVE IN SUNNYSIDE HAS AT LEAST AN ACRE AND A HALF LOT. AND IF YOU GO DOWN THE STREET AND YOU'VE GOT THESE HOMES CRAMMED IN METAL BUILDINGS ON A HALF ACRE, NO, NO, IT'S, IT'S JUST TOO MUCH. AND PUTTING SHEDS, YOU KNOW, THE STEEL, STEEL BUILDINGS, IT JUST DOESN'T GO WITH THE AREA. AND THEN YOU, YOU GO AROUND THE CORN, YOU GOT THIS BEAUTIFUL FARM SITTING RIGHT THERE. IT'S JUST OUTTA CHARACTER. OKAY. ANY QUESTIONS FOR, THANK YOU SO MUCH. THANK YOU'ALL. UH, ERIC? ERICA. ERICA, I'M SORRY. GOOD MORNING. GOOD MORNING. MY NAME IS ERICA LAWSON. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? ALL THE MATTERS THAT ARE BEFORE? YES, SIR. OKAY. I JUST SIMPLY, UM, WANT TO, UH, WELL, I'M A RESIDENT OF, UM, THE SUNNYSIDE AREA. I LIVE ON EASTWAY DRIVE. AND SO ESSENTIALLY MY PROPERTY WOULD BE, UM, IS ADJACENT TO THIS PROPOSAL. AND, UM, WE'VE LIVED, MY HUSBAND AND I HAVE LIVED THERE SINCE 2006, UM, AND HAVE ENJOYED THE PRIVACY ASPECT OF, OF THE PROPERTY. UM, IN ADDITION TO THAT, WE, UM, WE HAVE NOTICED AN A, A VERY INCREASING AMOUNT OF TRAFFIC ON PHILLIPS DRIVE OVER THE YEARS. 20 YEARS AGO, IT WAS FAIRLY MINIMAL OVER THE YEARS. UM, THE CONSTRUCTION OF THE, I BELIEVE IT'S CALLED DEER RUN DEVELOPMENT ON BIG FARM ROAD, WHICH IS AROUND, ESSENTIALLY AROUND THE BLOCK FROM THIS, UM, UH, PROPOSAL HERE. UM, I'VE, WE'VE RECOGNIZED AN INCREASED AMOUNT OF TRAFFIC AND THAT'S BEEN OF CONCERN TO ME BECAUSE I'M AN AVID WALKER IN THE COMMUNITY. UM, AND, YOU KNOW, MY HUSBAND AND I WALK OUR DOGS NIGHTLY AND THE TRAFFIC HAS JUST INSANELY INCREASED IN THE LAST FIVE TO 10 YEARS. UM, SO THAT'S THE TRA THE INCREASED TRAFFIC IS CONCERNED. AND ALSO THE TRASH, UH, THE AMOUNT OF TRASH DISPOSAL ON THE ROADWAYS HAS INCREASED AS WELL. I'VE NOTICED THAT, UM, YOU KNOW, ON, ON DAILY WALKS, UM, AND SIGNIFICANT INCREASE SINCE WHEN, YOU KNOW, WE MOVED TO THE PROPERTY 20 YEARS AGO. UM, ALSO OF CONCERN, WHEN I FIRST RECEIVED THIS NOTICE, I SAID, WOW, YOU KNOW, OUR PRIVACY WOULD BE, UM, YOU KNOW, I THINK CHALLENGED THIS. THERE WOULD BE A DRIVEWAY PUT IN, ESSENTIALLY, SORRY, BEHIND OUR PROPERTY. UM, SO THAT'S OF CONCERN. AND I JUST, YOU KNOW, QUITE FRANKLY, JUST WE'RE CONCERNED ABOUT, YOU KNOW, OUR PROPERTY, UM, BEING DEVALUED. SO, UM, I ALSO CONCUR WITH WHAT MS. JOHN STATED HER CONCERNS. I CONCUR WITH [01:10:01] THOSE AS WELL. THANK YOU. THANK YOU. THANK YOU. IS IT CARTER? GOOD MORNING EVERYBODY. GOOD MORNING. WOULD YOU GIVE US YOUR FULL NAME, SIR? CARTER HARRISON. COPELAND. OKAY. CARTER HARRISON COPELAND. OKAY. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH ON ALL MATTERS? THAT WILL BE, YES, I DO. THANK YOU. A FEW DAYS AGO I RECEIVED A LETTER ABOUT THIS REZONING AND I OWN THE 22.76 ACRES, WHICH IS A JOINT OF JASON TWO. THIS PROPERTY ON PHILLIP DRIVE. I AM NOT IN FAVOR OF INCREASING THE DENSITY OF THESE LOTS. I BOUGHT THIS PROPERTY BECAUSE I LIVE IN VIRGINIA BEACH AND I WANTED A PLACE IN THE COUNTRY IN A REALLY NICE NEIGHBORHOOD WITH A LOT OF NICE PEOPLE. AND EVERYONE I'VE MET HAS BEEN UNBELIEVABLY KIND TO ME. I, I AM AGAINST MULTI HOUSE DWELLINGS ON THESE HAIR LOTS. AND, AND WHEN I FIRST BOUGHT THIS PROPERTY OF MINE, WHICH WAS LIKE 12 YEARS AGO, I COULDN'T DO ANYTHING WITH IT. BUT I BOUGHT IT FOR RECREATIONAL PURPOSES. I ALSO BOUGHT IT AS AN INVESTMENT. IM 83 YEARS OLD. I HOPE TO BE ABLE TO COME OVER THERE AND USE THIS PROPERTY FOR SEVERAL MORE YEARS. MY FAMILY WILL INHERIT THIS PROPERTY. THEY HAVE STRICT RE THEY, THEY UNDERSTAND WHAT THEY CAN DO WITH IT AND WHAT THEY CAN'T. I HOPE YOU'LL LEAVE THINGS ZONED THE WAY THEY ARE. THAT'S ALL I HAVE TO SAY TODAY. THANK YOU. THANK YOU. IS IT RONNIE LUCAS? YEAH. OKAY. ALRIGHT. RONNIE LUCAS. OKAY. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH CONCERNING ALL MATTERS THAT ARE BEFORE US? YES, SIR. I DO. THANK YOU. UM, I AM ON PHILLIPS DRIVE ALSO. I'M PROBABLY, LET'S SAY, I'D SAY SOUTHEAST, THE FIRST HOUSE SOUTHEAST OF THIS PROJECT. UH, I'VE BEEN THERE AROUND CLOSE TO 30 YEARS. UM, I OBJECT TO THIS FOR THE REASON OF BEING, WE ARE ALLOWING, I WOULD FEEL THAT THE COUNTY IS ALLOWING THE START OF A NEW TYPE OF TRAILER PARK WITH A A-FRAME. UH, WE'RE PUTTING TWO DWELLINGS ON A HALF ACRE LOT. AND WE BOUGHT THE NEXT TWO BESIDE IT. AND THAT WILL CONTINUE ON 'CAUSE THE PROPERTY, PROPERTY AROUND IS AVAILABLE AND IT WILL BE BROKEN UP INTO THAT SUCH OF HOUSING. AND ON DECEMBER 26TH, THE DAY AFTER CHRISTMAS, UM, I HEARD A RUCKUS THERE. TWO OF THE PICTURES THAT HE USED WERE PICTURES THAT I SENT INTO THE COUNTY. I WENT AROUND IN MY PICKUP AND MR. VAUGHN HAPPENED TO BE COMING UP ABOUT THE SAME TIME. I GUESS HE HEARD THE SAME THING. UH, MR. PITT WAS THERE CLEARING THE LOT. I ASKED HIM WHAT WAS GOING ON. HE SAID, I'M FIXING THE BUILD HERE. THAT WAS HIS EXACT WORDS. AND THIS IS MY PROPERTY. I DON'T NEED A PERMIT. I ASK HIM, DID HE HAVE A PERMIT FROM THAT POINT ON, YOU KNOW, I FELT LIKE THAT A GOOD NEIGHBOR WE WOULD LIKE TO HAVE. WE'VE HAD GOOD NEIGHBORS COME INTO OUR NEIGHBORHOOD. WELCOME, VERY WELCOME. BUT I REALLY FEEL THIS IS THE START OF A NEW TYPE OF TRAILER PARK. ANY QUESTIONS? THANK YOU. OKAY. THANK YOU. IS IT DON? WOULD YOU GIVE US YOUR FULL NAME? MY FULL NAME IS DONALD STANLEY. Y OKAY. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, SO HELP YOU GOD, ON ALL MATTERS THAT ARE BEFORE US? YES, I DO. OKAY. THANK YOU. I'M NOT AN ATTORNEY. I'M NOT A HOUSING PERSON. UH, THE HOUSE THAT WE LIVE IN IS SHARON'S MY WIFE. AND WE HAVE LIVED THERE OVER 35 YEARS. WHEN WE FIRST MOVED INTO THIS AREA, I WOULD SAY 60% OF THE HOUSING AROUND US WAS NOT EVEN EXISTENT. THE THING THAT I NOTICED WITH THIS IS THAT ALL THE HOUSING THAT HAS BEEN DEVELOPED HAS ALL BEEN FOR PERMANENT RESIDENCE. AND [01:15:01] THEY'VE ALL BEEN PRETTY GOOD SIDE PORTIONS BETWEEN, SO YOU GOT SOME SPACE BETWEEN ALL YOUR NEIGHBORS. THE THING THAT I SAW WHEN I FIRST SAW THE LETTER WAS THE FACT THAT IT SAID, I'M ONLY GONNA DO THIS FOR FIREFIGHTERS, TEACHERS, YOU KNOW, PUBLIC SERVICE. OKAY. SO IF NONE OF THEM BUY THAT OR RENT THAT, 'CAUSE I THINK THIS IS SUPPOSED TO BE RENTAL. SO I MEAN, THESE BUILDINGS ARE GONNA BE, UH, EMPTY. THEN WE'RE TALKING ABOUT DERELICT BUILDINGS NOW, DERELICT BUILDINGS. I WAS INVOLVED WITH A THING THAT WAS DONE MANY YEARS AGO ON HOW MANY ABANDONED BUILDINGS ARE IN AKIMA COUNTY. AND AT THAT POINT IT WAS SOMEWHERE AROUND 40%. AND THAT'S NOT ACCEPTABLE. AND I DON'T THINK IT SHOULD BE ACCEPTABLE FOR THE COUNTY. CAN THE COUNTY SAY THAT ONLY THESE TYPE OF PEOPLE ARE ALLOWED TO RENT THIS HOUSE? I'M NOT SURE IF YOU CAN OR CAN'T AS PART OF THE, UH, THING. 'CAUSE IF YOU CAN'T, THEN YOU'RE TALKING ABOUT SECTION EIGHT HOUSING. YOU'RE MAKING ALL KINDS OF VARIANCES JUST TO FIT THIS HOUSE INTO THE PARCELS. IT IS NOT STANDARD OF WHAT WE HAVE IN THE NEIGHBORHOODS AROUND US. NOT JUST SUNNYSIDE, BUT THE ONES ON BIG FARM ROAD. THEY'RE JUST DOWN THE ROAD. LOT OF GOOD PEOPLE HERE, FOLKS. LOT OF GOOD. I'VE, I HAD NO GOOD PART OF THEM. I'M A RETIRED FIREFIGHTER WITH AKIMA COUNTY. I'M A RETIRED US COAST GUARD AND I'M RETIRED FROM PURDUE. SO I'VE MET A LOT OF PEOPLE AND ALL THE ONES THAT I HAVE MET AND TALKED TO AND WEREN'T ABLE TO GET HERE TODAY, WE'RE ALL ON THE SAME BOAT. WE DON'T THINK THAT THIS SHOULD BE APPROVED. IT'S SOMETHING THAT, UH, OUR NEIGHBORHOOD, WE CAN LEAVE OUR CAR DOORS OPEN. WE CAN LEAVE OUR HOUSES UNLOCKED. WE CAN GO WALKING AROUND. BUT IF WE BRING A CERTAIN ELEMENT BACK INTO THIS AREA, THAT'S NOT GONNA HAPPEN. AND I DON'T THINK YOU CAN GUARANTEE THAT IT'S GONNA BE A FIREFIGHTER TEACHER OR THERE THAT'S GONNA BE IN THIS HOUSE. I DON'T THINK YOU CAN MAKE THAT RESTRICTION. AND THAT'S WHERE I'M STANDING ON THIS. I HAVE NO PROBLEM WITH, THEY'RE BUILDING A PERMANENT HOUSE THERE AND MEET THE STANDARDS THAT ALL THE REST OF US HAD TO MEET. BUT THAT'S NOT WHAT'S HAPPENING HERE. AND I KIND OF FEEL THAT IT'S KIND OF A BACK DOORWAY THAT THEY'RE TRYING TO GET IN. 'CAUSE THEY PUT THOSE TWO HOUSES IN TO BUY THE NEXT PARCEL. AND THEN OUR FRIEND WHO OWNS ALL THAT LAND PROBABLY WOULD HAVE TO SELL IT OR SOMETHING. I KNOW PEOPLE HUNT ON HIS LAND. WELL, IF YOU PUT THOSE HOUSES THERE, THAT HUNTING'S GOING AWAY BECAUSE OF THE REQUIREMENTS OF THE COUNTY. THE GUY THAT OWNS THE PROPERTY ACROSS THE STREET, SAME THING. HE HUNTS IN THAT AREA. AND THERE'S NOT A WHOLE LOT OF AREAS THAT YOU CAN DO THAT WITH. WE KNOW THE FARMERS AROUND US, MR. LUCAS AND STUFF. WE JUST DON'T THINK THIS IS A GOOD MOVE. I DON'T THINK IT'S THE FIT FOR THE AREA THAT WE'RE IN. ANY QUESTIONS FOR ME? NO. OKAY. THANK YOU. THANK YOU. I'LL GIVE YOU, UM, BEFORE MR. PITT COMES BACK UP TO SPEAK, I JUST WANT TO, UM, ADD SOMETHING. THE WORD REZONING CAME OUT. THIS IS NOT A REZONING. THIS IS A SPECIAL USE PERMIT AND A VARIANCE. SO THERE'S NO REZONING GOING ON HERE. OKAY. IT WAS SEVERAL THINGS MENTIONED THAT I WOULD LIKE TO CLARIFY. THEY'RE STICK BUILT HOMES. THEY ARE BUILT WITH TWO BY SIX WALLS. INTERIOR. I'VE TALKED TO, UH, MORGAN HOME BUILDING. THEY WAS COMING IN. THEY HAVE LOOKED AT IT. THEY LIKE THE FLOOR PLAN. ALSO, THE DAY THAT I MET, UH, MR. UH, LUCAS, HE CAME BY SEVERAL TIMES. HE STOPPED ME. HE ASKED ME WHAT I WAS DOING. I TOLD HIM I HAD PERMITS. OF COURSE I DO. HE ALSO ASKED ME THE NEXT THING OUTTA HIS MOUTH, WANNA SELL 'EM. I SAID, NO, I DO NOT SELL. AND THAT WAS IT. UM, I DON'T COME INTO THE STORE NEIGHBORHOOD. I'M NOT TRYING TO, I'M TRYING TO ACCOMMODATE EXACTLY WHAT'S THERE. WE RODE THROUGH THERE AND BEEN THROUGH THE HOLE. I WAS IN PART WHEN THEY DID, UH, DEVELOPED THE SUBDIVISION AROUND THE SIDE. SO I'M IN THE APPEARANCE OF HOW THESE HOMES LOOK. I DIDN'T COME IN TO PUT THIS ONE THERE. AND IF THEY, I MEAN TO TURN DOWN THE NEIGHBORHOOD, THE QUESTION WAS ASKED, DO I, UH, HOW DO I KNOW WHO'S GONNA LIVE THERE? WE DID OUR STUDIES. DO YOU KNOW WHEN OUN COUNTY ALONE ALONE, THE SCHOOL SYSTEM EVERY YEAR HAS AT LEAST 20 TEACHERS LOOKING FOR RESIDENTIAL HOMES TO RENT NORTH HAMPTON. I'VE BEEN, I LOOKED AT THIS. RIGHT NOW, I WORK WITH, UM, VIRGINIA BASE SPACEPORT AUTHORITY. THEY'RE BRINGING IN NEW PEOPLE. THEY ARE LOOKING FOR HOUSING. MOST OF THAT HOUSING IS ACTUALLY GOING INTO THE POMO CARRIER. I'M NOT LOOKING TO BRING JUST ANYTHING IN THERE. I WOULDN'T DO IT TO MY [01:20:01] NEIGHBORHOOD AND I WOULDN'T DO IT TO ANYONE ELSE'S. AND THE IDEAL OF A, THEY ARE STICK BUILT HOMES. THEY'RE COMING WITH THE SIDING ON THEM, THE WOOD, THE NEW WOOD FIBER, SIDING, ALL OF THIS BEEN LOOKED AT AND STUDIED THE WOOD BETWEEN THOSE. WE HAVE PRIVACY FENCE ALREADY, 13 LINEAL FOOT OF PRIVACY FENCES. SO THERE'S TWO LOTS IN BETWEEN ME AND THE GENTLEMAN. JUST, I SPOKE, UH, AND ON THE OTHER SIDE, IT'S JUST WOODED. IT'S WOODED. THIS WOULDN'T BE, YOU KNOW, MUSIC TURNED UP LOUD AND ALL OF THAT AT NIGHT. NEIGHBORHOOD. I WOULDN'T WANNA LIVE IN ONE AND I WOULDN'T PUT ANYONE IN THAT PARTICULAR, UM, I CAN'T HELP THE WAY PEOPLE FEEL. I CAN'T HELP THAT. BUT I TELL YOU WHAT I CAN DO, BE A GOOD NEIGHBOR. SO IF THIS IS APPROVED, I PROMISE NOT ONLY THE BOARD, BUT THOSE PEOPLE THAT HAD THEIR COMPLAINTS, THEY CAN WALK DOWN THE STREET THE WAY THEY DID. AND THEY DON'T HAVE TO BE NO, I'LL WALK 'EM THROUGH IT TO SEE WHAT THEY'RE GETTING BECAUSE IT'S NOT WHAT'S BEING PRESENTED TO YOU TODAY. YOU HAVE EVERYTHING RIGHT DOWN THAT PACKAGE. AND I'M MEAN FROM THE DEATH OF MY HEART AND THE ONE I SERVE. I WILL STAND BY MY WORD. THANK I SPEAK AGAIN. CAN I SPEAK AGAIN? YES. NO, BE AGREE. THANK YOU. I UNDERSTAND WHAT MR. PITT'S SAYING, BUT WE HAVE NO KNOWLEDGE OF WHO WILL LIVE IN THE NEIGHBORHOOD. AND REALLY WE WILL ACCEPT ANYONE IN OUR NEIGHBORHOOD. THAT'S NOT THE POINT. THE POINT IS, WE HAVE A HALF ACRE OF PROPERTY. WE'RE PUTTING TWO DWELLINGS, ANY DRIVEWAY AND SUPPOSEDLY A SEPTIC SYSTEM. ALSO A WELL, THERE IS NOT ENOUGH ROOM. AND THE DRIVEWAY, HE'S TALKING ABOUT FOR TWO, EVERYONE HAS TWO VEHICLES, NOT ONE VEHICLE. SO WE'VE GOT FOUR VEHICLES, TWO HOUSES, A SEPTIC AND WELL, AND WE SHOULD HAVE A BACKUP SEPTIC. CORRECT. IT'S NOT THERE. I APPRECIATE YOUR TIME. THANK YOU VERY MUCH. UM, I HAVE NOTHING TO ADD. UM, ANY OTHER QUESTIONS? OKAY. UM, FIRST OF ALL, AS YOU'VE MENTIONED, UH, WHATEVER GOES ON THERE AND IS NOT OUR PURVIEW HERE REGARDING WELL AND SEPTIC. CORRECT. THE DEPARTMENT OF HEALTH WOULD HANDLE TO MAKE SURE OUR DEPARTMENT OF HEALTH WOULD THE SEPTIC AND WELLER. SO IF IT DOESN'T SUIT, THAT'S THEIR, THEIR DEAL, NOT OURS. RIGHT. AND IF THE, AND TO ADD TO THAT, IF THE, IF THE BUILDING PERMIT GOES THROUGH AND THE HEALTH DEPARTMENT SAYS NO, THEY'RE GONNA HAVE TO SEEK AN ALTERNATIVE. RIGHT. UM, AND, UH, I'VE KNOWN MR. PITT FOR MANY YEARS AND HIS SERVICE TO THE COUNTY AND, AND WHATEVER HE DOES, HE DOES. RIGHT. I'LL SAY THAT. UH, BUT YEARS AGO, THE BOARD OF SUPERVISORS SAW FIT TO PUT IN THE FIVE ACRE RULE REGARDING AGRICULTURAL AREAS. THIS IS OF COURSE A LOT. THIS, THIS IS, THIS IS A LOT. IT'S CONSIDERED LEGAL NON-CONFORMING. RIGHT. THIS, THIS LOT, VERY WELL PREDATES. THE ZONING ORDINANCE PREDATES. SO, SO IT'S THERE. RIGHT. AND, UH, SO, AND WE ALSO CONSIDER ADJOINING PROPERTY OWNERS IN WHAT THEY SAY AND, AND ALSO WHAT'S IN THE NEIGHBORHOOD. AND, UH, THERE'S NO QUESTION THAT THERE'S A DESPERATE NEED FOR HOUSING IN THE COUNTY. UM, YES. AND WE APPROVED, UH, DEVELOPMENT FOR FOUR. HOW, HOW MR. PAM 400, 465 UNITS. 465 UNITS. YES. A COUPLE OF YEARS AGO. YES. AND, UH, WHICH INCLUDED SOME VARIANCES IN THAT. CORRECT. THEY WEREN'T VARIANCES PER SE BECAUSE IT WAS THE, UH, VILLAGE DEVELOPMENT, VILLAGE DEVELOPMENT DISTRICT, WHICH ALLOWS A DEVELOPER TO SPECIFY MM-HMM . UM, TO SPECIFY WHAT THEIR SETBACKS ARE, OF COURSE, WITH PLANNING COMMISSION AND BOARD OF SUPERVISORS APPROVAL. SO THESE WAIVERS, NOT VARIANCES, BUT WAIVERS THAT WERE, THAT ARE BUILT INTO THE ZONING ORDINANCE, UH, IS IS WHAT YOU'RE REFERRING TO, RIGHT? YEAH. SO, SO I STAND CORRECTED IN THAT. BUT, UH, YOU KNOW, FROM WHAT I'M, I I SEE IN THIS AREA, UH, AND WHAT YOU COULD DO WITH WHAT YOU HAVE, UM, YOU KNOW, I CAN'T SEE SUPPORTING IT. SO THAT THE, THE, THE SPECIAL USE PERMIT [01:25:01] IS FOR THE TWO HOUSES, CORRECT? CORRECT. AND THEY'RE ALL, THEY'RE ALL RELATED. THE VARIANCES ARE RELATED TO THE, TO THE SECOND DWELLING. MM-HMM . SO THEY'RE ALL, THEY'RE ALL RELATED. MM-HMM . ANYBODY ELSE GOT ANY QUESTIONS? YEAH, I JUST HAVE ONE COMMENT. YEAH. UM, I APPRECIATE EVERYONE SPEAKING, BUT ONE OF MY BUSINESSES, I MANAGE SEVERAL HUNDRED RESIDENTS ON THE EASTERN SHORE, AND YOU SIMPLY CANNOT SAY WE'RE GONNA RENT TO THESE KIND OF PEOPLE OR NOT. IF I DID THAT, I WOULD LOSE MY LICENSE. MONEY IS GREEN. IF THEY CAN PAY THE RENT, THEY WILL PAY THE RENT. BUT, UM, UNLESS MR. PITTS GETS, WHEN MR. PITTS, IF HE GETS OVER FOUR HOUSES, HE'S SUBJECT TO THE FULL FEDERAL HOUSING DISCRIMINATORY. SO I APPRECIATE ALL THOSE COMMENTS, BUT SIMPLY IN TODAY'S SOCIETY, YOU CAN'T DO THAT. THANK YOU. ARE WE READY FOR A MOTION? IS IS, IS THIS FOR BOTH OR ONE? THIS IS FOR ONE. SO WE'RE GONNA HAVE, WE'RE GONNA HAVE TWO SEPARATE WHERE WE'RE SEPARATING THEM BY PARCEL. SO WE HAVE ANOTHER CASE FOR THE SECOND PARCEL. THIS IS JUST FOR, UH, LOT B FOUR. THE SECOND PARCEL IS FOR B FIVE. OKAY. 'CAUSE, UM, BEFORE, I GUESS THEY'RE ALL LOOKING AT ME TO MAKE THE MOTION. UM, YOU CALL THESE CASES ONE NINETY THREE AND 1 94, BUT THEN YOUR MAP SHOWS ONE 90. WELL, 'CAUSE THAT'S, THAT'S, SO ONE 90 IS A SPECIAL USE PERMIT. 1 93 IS THE VARIANCE. SO THERE, THERE, IT'S THE SAME PROPERTY, TWO CASE NUMBERS. SO IT'S SUSE ONE 90 AND VARIANCE 1 93. WE HAVE ANOTHER COMMENT FROM MR. CHAIRMAN. I WILL SAY HOUSING IS NEEDED ON THE EASTERN SHORE IN MACK COUNTY. UM, I WILL ALSO SAY THAT WE HAVE APPROVED AN ACCESSORY DWELLING RECENTLY, I WANNA SAY ON GOSPEL TEMPLE ROAD. YES, MA'AM. THAT WAS, UH, MS. DAVIS, BUT REMIND ME, WAS THERE WAS A HOUSE THERE, CORRECT? MS. DAVIS LIVED IN IT. CORRECT. AND SHE WANTED THE ACCESSORY DWELLING AND VARIANCES FOR I I BELIEVE THAT FAMILY, OR ORIGINALLY IT WAS FOR FAMILY, BUT WE ENDED UP TAKING, UH, ONE OF THE CONDITIONS OUT BECAUSE EVENTUALLY SHE MAY WANT TO RENT IT OUT. BUT THE ORIGINAL USE WAS FOR A FAMILY MEMBER. OKAY. BE BEFORE I MAKE A MOTION, ONE OF THE NINE CONDITIONS WAS NO SHORT TERM RENTALS. CORRECT. SO IT'S GOTTA BE YEAR TO YEAR. CORRECT. OKAY. 'CAUSE WHAT ABOUT MIDTERM RENTALS AND THE RENTAL BUSINESS 30 DAYS AND OVER ISN'T CONSIDERED SHORT TERM. IT'S NOT CONSIDERED LONG TERM. I, I THINK WE'RE COMFORTABLE WITH THAT CONDITION OF SHORT TERM RENTALS BEING LESS THAN 30 DAYS. SO, WELL, WHAT, WHAT WE'RE TRYING TO STOP WITH THAT CONDITION, TO MY KNOWLEDGE IS WE'RE TRYING TO STOP THE WEEKEND. THE CORRECT. BUT ARE YOU SAYING HE COULD DO THESE ON A MONTH TO MONTH BASIS OR YEAR TO YEAR? WHAT WE'RE SAYING IS, COULD DO A POTENTIALLY DIFFERENCE. HE, HE COULD POTENTIALLY DO IT FOR A PERIOD OVER, OVER 30 DAYS UP TO A YEAR. I MEAN, BUT WE CAN CHANGE THAT CONDITION. IF, IF THAT'S WHAT I WOULD LIKE. I MEAN, THAT'S, THAT'S FROM A RENTAL POINT OF VIEW, THAT'S A BIG DIFFERENCE. 30 DAYS YOU GET, YOU KNOW, CONTRACTORS, BUT IF YOU WANT LOOKING, IF YOU'RE LOOKING FOR PERMANENT RESIDENCE, THEY NEED TO BE A YEAR. IS THERE ANYTHING IN THE STATUTES? I KNOW WE CALL 'EM MID MIDTERM RENTALS NOW. UM, THE COUNTY PRESENTLY DOES NOT, UH, REGULATE, UH, SHORT-TERM RENTALS. SO THE REASONING BEHIND THE CONDITION IS JUST TO ELIMINATE THE POSSIBILITY THAT THIS WOULD BE USED AS A AIRBNB OR, YOU KNOW, DAY-TO-DAY TYPE RENTAL THAT WOULD ACTUALLY BE AVAILABLE FOR HOUSING, UH, FOR SOMEBODY WHO IS WORKING HERE OR NEEDS TO STAY HERE. RIGHT. BUT THERE'S A DIFFERENCE BETWEEN A YEAR RENTAL AND A 30 DAY RENTAL. THAT WHOLE GAP ALLOWS YOU TO DO A LOT OF STUFF. THAT'S CORRECT. I WOULD JUST SAY AT THE MOST BASIC LEVEL, WE'RE JUST TRYING TO ELIMINATE THE USE OF PROPERTIES, UH, FOR, UH, YOU KNOW, WEEKEND, UH, DAILY RENTAL. [01:30:03] OKAY. DO WE NEED ANY OTHER CLARIFICATION ON ANYTHING ELSE BEFORE WE PREPARE TO MOVE FORWARD? AND WE, WE HAVE SEVERAL ALTERNATIVES BEFORE. SO ARE WE READY FOR A MOTION? COULD I MAKE A MOTION WITH AN AMENDMENT, UH, TO THEIR STAFF'S, UM, RECOMMENDATIONS? YEAH. WELL, TO, IS IT TO THEIR, TO THEIR RECOMMENDATIONS TO THEIR NINE CONDITIONS. TO THEIR NINE CONDITIONS. OKAY. UH, YEAH. YES. WHAT, OKAY. WHAT AMENDMENT WOULD YOU LIKE? UM, I WOULD LIKE THE, UH, THE RENTAL THING TO SAY A PERIOD OF, NO, A PERIOD OF NO LESS THAN 12 MONTHS. OKAY. WE CAN, WE CAN DO THAT. UM, SHORT TERM RENTAL IS PROHIBITED. UM, SHORT TERM RENTAL IS PROHIBITED UP TO A PERIOD OF 12 MONTHS. DOES THAT WORK? SO WE ARE NO, I WAS GONNA SAY LISA SHALL BE FOR 12 MONTH PERIODS. OKAY. OKAY. WE CAN, WE CAN, WE CAN AMEND THAT. SO YOUR MOTION AS, AS A POINT OF CLARIFICATION, HE, HE BY RIGHT. CAN BUILD THERE RIGHT NOW. YEAH. YEAH. BUT THE, WITH THE SPECIAL USE IS FOR THE SECOND BIT, SECOND STRUCTURE. RIGHT. OKAY. YOU'RE WEIGHING, I, I'M GONNA DEFER TO YOUR, UH, EX EXPERTISE HERE. IN OTHER WORDS, THE SPECIAL USE PERMIT IS APPROVING THE TWO BUILT TWO HOUSES, CORRECT? YEAH, IT'S FOR, IT'S FOR TWO STRUCTURES THOUGH. FOR TWO STRUCTURES. THE, THE ONE, THE ONE IS BY, RIGHT. SO WHAT WE ARE DEALING WITH IS THE ACCESSORY DWELLING. RIGHT. BUT THE, THE FULL SCOPE OF THE PROJECT IS TWO HOUSES. HE, HE COULD BUILD ONE HOUSE AND, AND NOT HAVE THE STRETCHES AND HE WOULDN'T EVEN BE HERE. RIGHT. RIGHT. SO, SO REALLY WHAT YOU'RE TELLING ME IS HE COULD DO ANYTHING HE WANTS WITH ONE HOUSE. THE SECOND ONE HE HAS TO HAVE, WE HAVE THE ABILITY TO PUT RESTRICTIONS ON OR, OR, OR SOMETHING LIKE THAT. NOT AT ALL. HE CAN'T DO THE SECOND HOUSE WITHOUT THE VARIANCE. RIGHT. HE CAN DO ONE HOUSE. OKAY. SO THE SPEC, YOU KNOW, SO IF YOU'RE GONNA APPROVE THE SPECIAL USE PERMIT AND YOU CAN'T, THEY, THEY BOTH GO TOGETHER. OKAY. SO IF YOU DO THE SPECIAL USE PERMIT AND DENY THE VARIANCE, THEN YOU CAN'T, IT IT VOIDS THE SPECIAL USE PERMIT IN ORDER TO DO WHAT HE WANTS TO DO IN THIS APPLICATION. HE NEEDS THE VARIANCES TO DO IT. YES. RIGHT. BUT THE VARIANCES WOULD ONLY APPLY TO ONE STRUCTURE, NOT THE OTHER ONE. THAT'S CORRECT. THE FIRST, THE FIRST HOUSE IS BY, RIGHT. IT'S THE SECOND STRUCTURE THAT NEEDS THE, UM, SQUARE FOOTAGE REQUIREMENTS. THE, UM, SETBACK DISTANCE FROM HOUSE ONE TO HOUSE TWO REQUIREMENTS, AND THE WHOLE LOT NEEDS THE VARIANCE FOR LOT AREA. SO HE CAN BUILD ONE HOUSE ON EACH LOT, RIGHT. REGARDLESS WITHOUT BEING HERE, RIGHT? CORRECT. HE CAN RENT 'EM, HE CAN RELIVE IN IT OR WHATEVER, WHATEVER YOU WANT. OKAY. BUT THE SECOND HOUSE IS WHAT HE'S APPLYING FOR ON BOTH LOTS. OKAY. THANK YOU FOR PROCEED. YES. EDUCATION. OKAY. I WILL MAKE A JASON, COULD YOU PUT THE PICTURE OF THE DWELLING THAT, THAT, UM, HE WANTS TO BUILD SO YOU ALL COULD SEE IT. I WANT TO KNOW IF YOU WOULD WANT TO LIVE NEXT TO THAT. THE DWELLING HAS, I, THAT'S, THAT'S LIKE A SHED. THE DWELLING HAS TO MEET YOU. THE BUILDING CODE. YEAH. THE DWELLING WOULD STILL NEED TO MEET BUILDING CODE REGARDLESS OF HOW IT LOOKS. CORRECT. AND YOU WANT TWO ON A HALF ACRE LOT? NO, WE DON'T. HE DOES. YES, SIR. OKAY. SO I GUESS, UH, I'LL WAIT THROUGH. CAN YOU GO TO THE RECOMMENDATION? OKAY. I'M, SO I READ BOTH PARAGRAPHS. UH, ONE, THEY'RE, THEY'RE SEPARATE. THEY'RE, SO, THEY'RE SEPARATE. THE FIRST ONE'S GONNA BE THE SPECIAL USE PERMIT. THE SECOND ONE'S GONNA BE FOR THE VARIANCE. WE USUALLY START WITH THE SPECIAL USE PERMIT FIRST, WHICH IS THE, OKAY, I MOVE THAT. THE MACK COUNTY BOARD OF ZONING APPEALS APPROVE, SUSE OH OH OH 1 9 0 2 25, A SPECIAL USE PERMIT [01:35:01] PURSUANT TO ACK COUNTY CODE SECTION 1 0 6 DASH 5 3 22 FOR AN ACCESSORY DWELLING ON TAX PARCEL 1 0 2 DASH SIX B FOUR WITH THE NINE CONDITIONS RECOMMENDED BY STAFF. WE'VE GOT A, A MOTION. DO WE HAVE A SECOND? OKAY. IS THERE, IS THERE A SECOND? THERE'S NO SECOND. THEN WE HAVE TWO OTHER OPTIONS. ONE IS TO EITHER TO DENY OR DEFER TILL THE NEXT MEETING. YOU CAN ASK FOR, UH, AN ALTERNATE MOTION AS WELL. OKAY. YOU COULD ASK FOR A MOTION TO DENY OR, YEAH, THAT'S WHAT I JUST SAID. WE, WE HAVE THE OPTION TO DENY OR TO DEFER. DO WE HAVE, UM, I MOVE THAT THE AKIMA COUNTY BOARD OF ZONING APPEALS DENY SUSC 0 0 0 1 9 0 DASH 2025 A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 22 FOR AN ACCESSORY DWELLING ON TAX PARCEL 1 0 2 6 B FOUR WITH THE NINE CONDITIONS RECOMMENDED BY STAFF, JUST HAVE, IF WE ARE DENYING, ARE WE WORRYING ABOUT WE THE CONDITIONS WE THE CONDITIONS DON'T, RIGHT? YEAH. YEAH. WE, WE'VE GOT A MOTION. DO WE HAVE A SECOND? THERE AIN'T NO SECOND. DO WE HAVE A MOTION TO DEFER THIS UNTIL OUR MARCH MEETING WHERE WE MIGHT BE ABLE TO GET A QUORUM TO GET A VOTE? BECAUSE WE ARE ONE, WE ARE ONE MEMBERSHIP. I MOVE THAT WE DEFER THIS UNTIL THE MARCH MEETING. DO I HAVE A SECOND ON THAT? SECOND? SECOND. ALL IN FAVOR? AYE. AYE. AYE. ALL OPPOSED? AYE IT'S BEEN DEFERRED UNTIL THE MARCH MEETING. UM, I WOULD SAY JUST OUT OF AN ABUNDANCE OF CAUTION, WE PROBABLY NEED TO DEAL WITH THE VARIANCE AS WELL. I JUST MENTIONED TO MR. THAT, THAT HE MIGHT THAT WELL, I'LL LET YOU GO. YEAH. UM, YEAH, WE CAN DO DEFER BOTH OF 'EM UNTIL THE NEXT MEETING AND IF IT TAKES A YEAR OF RENTAL, PUT IT IN THERE. OKAY. OKAY. BUT I'M WILLING TO DEFER BOTH OF 'EM UNTIL THE NEXT MEETING. OKAY. WE HAVE THAT FROM THE OWNER. CAN WE ACCEPT THAT AS A MOTION FROM THE BOARD ON THAT'S ON THE SECOND ONE AS WELL, SO WE DON'T HAVE TO GO THROUGH THAT. YEP. I DO YOU NEED A MOTION, MR. CHAIRMAN? YES. I MOVE. WE ACCEPT THE, UH, BOARD, UH, STAFF'S RECOMMENDATION THAT PAUL, BOTH PARCELS AND BOTH VOTES FOR EACH PARCEL BE POSTPONED UNTIL THE MARCH MEETING. YES. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? AYE. AYE. ALL OPPOSED? AYE. IT HAS BEEN DEFERRED UNTIL THE MARCH MEETING. OKAY. THAT, THAT TAKES CARE OF THAT MATTER. NOW WE ARE, UH, ONTO THE, UH, LEE, WOULD YOU WANT TO HELP US, UH, DO THAT? AND I'M ASSUMING THE ATTORNEY IS HERE AS WELL. ATTORNEY AGAIN, LEE, PAM, A DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND COMMUNITY AND ECONOMIC DEVELOPMENT AND THE DESIGNATED ZONING ADMINISTRATOR. UM, THE, UH, UH, THE APPLICANTS FOR THIS APPEAL, NKM, UH, NOW HAVE, UH, LEGAL REPRESENTATION WHO I BELIEVE IS HERE TODAY TO, UH, TO REQUEST A DEFERRAL. SO I AM GOING TO GO AHEAD AND, UH, UH, SAY THAT WE ARE PREPARED, THE STAFF IS PREPARED TO MOVE FORWARD, BUT WE WOULDN'T OBJECT TO A DEFERRAL. BUT I'LL HAVE THE, UH, I'LL HAVE THE, UH, COUNSEL MAKE THAT REQUEST TO YOU AND THEN YOU CAN VOTE ON THAT. OKAY. THANK YOU. MAY IT PLEASE THE BOARD. JOSEPH SHERMAN ON BEHALF OF NKM PROPERTIES, LLCI RESPECTFULLY REQUEST, I DEFER THIS MATTER TO THE MARCH MEETING. I'D LIKE TO MEET WITH THE COUNTY STAFF. I THINK WE COULD WORK IT OUT. YES. OKAY. IS THERE ANY QUESTIONS FOR HIM BEFORE WE, DO WE HAVE A MOTION TO DEFER UNTIL THE MARCH MEETING? I'LL MOVE TO DEFER. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? AYE. A AYE. THANK YOU. STAFF COURT. UM, SO CAN I JUST SAY SOMETHING BEFORE, UH, THIS IS JUST A, A FRIENDLY, UH, SUGGESTION FROM, FROM THE BOARD THAT MAYBE THE, THE, THE PARTIES JUST TRY TO HAVE SOME CONVERSATION BEFORE OUR MARCH MEETING. SEE IF YOU [01:40:01] GUYS CAN RESOLVE ANYTHING ALONG WITH THE STAFF. THANK YOU. AND WE THANK ALL OF YOU FOR COMING. WAS THIS BOTH PROPERTIES OR JUST THE ONE THAT WAS BOTH PROPERTIES. EVERYTHING'S BEEN DEFERRED UNTIL THE MARCH MAY. THANK YOU. MM-HMM . OKAY. SO, UM, FOR NEXT BCA HEARING, WE JUST, WE ADDED TWO TO MARCH, SO WE WE'RE GONNA HAVE THOSE TWO. WE'RE ALSO GONNA HAVE, UH, SEVERAL SPECIAL USE PERMITS. UM, TWO, WELL TWO ARE FOR AN ACCESSORY DWELLING AND AN RV, UM, TEMPORARY HABITATION. WHILE A WHILE THE ACCESSORY DWELLING IS ACTUALLY BEING CONSTRUCTED. WE ALSO HAVE, UH, TWO, UH, SPECIAL USE PERMITS FOR RESIDENTIAL STRUCTURES IN THE GENERAL BUSINESS DISTRICT. AND WE ALSO HAVE ONE MORE RV FOR TEMPORARY HABITATION. WALLY DWELLING IS BEING CONSTRUCTED. SO THAT IS, THAT IS WHAT WE HAVE COMING UP FOR THE NEXT MONTH. OKAY. YEAH. YEAH. WE GOT NOTICE IN EMAIL THAT THE, UM, VAULT, OH, THE VAULTED DEEP APPEAL. UH, THEY, AS FAR AS I'M AWARE, THEY HAVE WITHDRAWN. THEY HAVE WITHDRAWN. OKAY. WHICH MEANS WE WILL BE BACK HERE AGAIN IN MARCH RATHER THAN A DIFFERENT LOCATION. CORRECT. CORRECT. THANK YOU. ANY OTHER QUESTIONS? NO, THANK YOU FOR SENDING US ALL THOSE EMAILS ABOUT THE ONGOING WITHAL. THANK YOU. UM, I THINK I, THAT'S ALL I HAVE. DO WE HAVE A MOTION TO ADJOURN? GO AHEAD, LEE. I JUST HAVE A COUPLE THINGS. TAKE YOUR TIME. , THANK YOU FOR, FOR THE OPPORTUNITY. AGAIN, LEE, PAM, A DEPUTY COUNTY ADMINISTRATOR, COMMUNITY AND ECONOMIC DEVELOPMENT. A COUPLE OF THINGS I JUST WANNA BRING TO YOUR ATTENTION. NUMBER ONE, WE HAVE A NEW STAFF MEMBER ON BOARD. IF I COULD HAVE, UH, TED DOSE OF STAND. OH, OKAY. UH, HE IS OUR NEW ENVIRONMENTAL PLANNER. THIS IS HIS SECOND WEEK ON THE JOB. WOW. OKAY. UH, SO HE GRADUATED, UH, UH, IN DECEMBER OF 25 FROM VIRGINIA TECH WITH A BACHELOR'S OF SCIENCE IN GEOSCIENCES. UM, UH, HE SUCCEEDS BETH NUNLEY, WHO, UH, WHO, UH, RESIGNED IN JANUARY OF 25. SO WE'VE BEEN WITHOUT AN ENVIRONMENTAL PLANNER FOR, FOR A YEAR NOW. SO WE'RE GLAD TO HAVE, UH, TED ON BOARD. UM, IN TERMS OF OTHER STAFFING. THANK YOU. UM, IN TERMS OF OTHER STAFF, UH, WE ARE EXTENDING AN OFFER HOPEFULLY VERY SOON, TO A FOURTH CODE ADMINISTRATION OFFICER ON THE, UH, ON THE BUILDING INSPECTION SIDE. SO, UH, STAY TUNED FOR THAT. AS YOU HAD MENTIONED, THE VAULTED DEEP, UH, UH, APPLICANTS HAVE WITHDRAWN THEIR APPLICATION. THERE WAS A CONSIDERABLE AMOUNT OF, UH, OF PUBLIC COMMENT ON THAT. UH, AND THE COUNTY CONSIDERS THAT MATTER CLOSED. NOW YOU'VE READ THE PRESS. THERE'S ALSO A PUSH AT THE, AT THE STATE LEGISLATURE TO BAN THESE, UH, DEEP INJECTION WELLS IN AREAS THAT HAVE AN ENDANGERED WATER SOURCE OR A SOLE SOURCE AQUIFER. SO, UM, YOU KNOW, WE'LL SEE HOW THAT GOES THROUGH. FINALLY, UH, THE COMPREHENSIVE PLAN ACTUALLY, UH, YEAH, THE COMPREHENSIVE PLAN, WE ARE MOVING FORWARD ON THAT WITH THE BERKELEY GROUP. WE SELECTED THE BERKELEY GROUP IN EARLY JANUARY, OR RATHER BACK IN, UH, BACK IN DECEMBER. AND, UH, THE, UH, VENDOR WAS NOTIFIED OFFICIALLY THAT THEY WERE, THAT THEY WERE SELECTED EARLIER IN JANUARY. ONE OTHER THING THAT I'D LIKE TO PUT OUT THERE IS, UH, WITH REGARDS TO, UM, TO SOME SCAMS THAT WE'VE BECOME AWARE OF. SO WE HAVE SEEN, UH, FORGED INVOICES CIRCULATING THROUGHOUT THE COMMUNITY, ASKING PEOPLE TO PAY THEIR PLANNING AND ZONING FEES OR THEIR BUILDING PERMIT FEES OR WHATEVER ON SOME PRETTY CONVINCING LOOKING, UH, IT'S PRETTY CONVINCING LOOKING DOCUMENTATION NOW. UM, WE JUST WANT THE PUBLIC TO BE AWARE OF THAT IF THEY DO NOT HAVE AN APPLICATION BEFORE US, AND IF THEY RECEIVE, UH, IF THEY RECEIVE AN INVOICE FOR PAYMENT, TO PLEASE COME TALK TO OUR, UH, OUR FRONT COUNTER FOLKS, UH, HERE IN THE ADMINISTRATION BUILDING TO CONFIRM WHETHER OR NOT THAT'S THAT'S TRUE. BUT, UH, BY AND LARGE, WE ONLY ACCEPT PAYMENT THROUGH ENTER GOV OR THROUGH, UM, OR THROUGH, UH, UH, YOU KNOW, DIRECT PAYMENT IN THE, IN THE OFFICE ITSELF. SO IF YOU BECOME AWARE OF THESE, CERTAINLY LET THE STAFF KNOW. BUT, UH, BUT OMA COUNTY COMMUNITY AND ECONOMIC DEVELOPMENT REALLY ONLY ACCEPTS PAYMENT IN THOSE TWO FORMATS. THAT'S ALL I HAVE, AND I CAN FEEL OF ANY QUESTIONS YOU HAVE AT THIS TIME. OKAY. HUH. JUST AS I SAID, [01:45:01] EARL, JUST THANK YOU FOR KEEPING US INFORMED AND LETTING US KNOW WHAT'S GOING ON. YOU'RE WELCOME. MY PRIVILEGE. ANY OTHER QUESTIONS? NO. THANK YOU. DO WE HAVE A MOTION TO ADJOURN? SO MOVED. SECOND? SECOND. ALL IN FAVOR? AYE. AYE. AYE. I'LL SEE. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.