* 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. [00:00:02] CONSIDERATIONS. UH, THE COMPREHENSIVE [*This meeting was joined in progress.*] [Board of Zoning Appeals on March 4, 2026.] PLAN STATES THAT DENSITY IN THE AGRICULTURAL DISTRICT SHOULD BE ONE DWELLING PER FIVE ACRES. UH, THIS USE WOULD PLACE TWO DWELLINGS ON A SITE THAT IS ROUGHLY, UM, ONE HALF ACRE. UH, UTILITIES, UH, NEW WELL AND SEPTIC SYSTEMS ARE PRO, ARE A PART OF THIS PROJECT. UH, UTILITIES ARE LOCATED ON PHILLIPS DRIVE, TRANSPORTATION STREETS. PHILLIPS DRIVE IS A V MAINTAINED SECONDARY HIGHWAY. IT IS AN AVERAGE CONDITION. UM, AND, UH, PUBLIC COMMENTS, UH, SIX PUBLIC COMMENTS WERE RECEIVED IN OPPOSITION TO THE PROJECT, AND OF COURSE, THE FULL SCOPE OF THE PROJECT INCLUDES TWO PARCELS. A SHARED DRIVEWAY WILL BE LOCATED ALONG THEIR COMMON PROPERTY LINE. OKAY. STAFF FINDINGS. UH, 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. UH, THE CONSTRUCTION OF THE DWELLINGS IS SUCH THAT THEY NEED VARIANCES FOR BOTH SIZE AND SEPARATION DISTANCE. UH, AND THEN WE GET TO STAFF RECOMMENDATIONS. STAFF RECOMMENDS APPROVAL OF THE SPECIAL USE PERMIT PORTION OF THIS PROJECT. UH, STAFF DOES NOT TYPICALLY MAKE RECOMMENDATIONS FOR THE VARIANCE PORTION, HOWEVER, THE APPLICANT HAS NOT MET THE THRESHOLD TO BE APPROVED FOR THE VARIANCE. HOWEVER, SHOULD THE BZA APPROVE THE SPECIAL USE PERMANENT VARIANCES, STAFF RECOMMENDS THE FOLLOWING NINE CONDITIONS. OKAY. CONDITIONS ONE THROUGH FIVE, UH, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT. UH, NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND PLOT PLAN AS SUBMITTED. UH, NUMBER THREE, SHORT-TERM RENTAL IS PROHIBITED. UH, NUMBER FOUR, THE SPECIAL USE PERMIT SHALL BE VALID FOR TWO YEARS. UH, NUMBER FIVE, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE SPECIAL USE PERMIT IS ACTIVE. UH, 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 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. AND THEN, UH, NUMBER NINE, A VIOLATION OF ANY OF THESE CONDITIONS SHALL MAKE THE SPECIAL USE PERMIT NULL AND VOID. THAT IS THE RECOMMENDED MOTION. I CAN ANSWER ANY QUESTIONS THAT YOU HAVE AT THIS TIME. OKAY. UM, I DO BELIEVE THAT MR. PBIT HAS SOMETHING THAT HE WOULD LIKE TO ADD. OKAY. ANY QUESTIONS FOR ME? DO WE HAVE ANY QUESTIONS BEFORE WE HEAR FROM MR. PBIT? YEAH, I JUST HAVE ONE QUICK QUESTION. OKAY. ARE, ARE THERE ANY CHANGES IN THIS RECOMMENDATION SINCE THE LAST MEETING? NO, SIR. UH, OR, OR THE NINE? NO, SIR. OKAY. SAME, SAME CONDITIONS. OKAY. LEE, PAM, THE DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT, AND I'M ALSO THE DESIGNATED ZONING ADMINISTRATOR. SO I JUST WANTED TO ADD, UH, JUST A COUPLE OF REMARKS WITH REGARDS TO VARIANCES GENERALLY AND THEN TO THIS APPLICATION GENERALLY AS WELL. SO, UH, YOU'VE HEARD, UH, MR. JONES GO THROUGH ALL OF THE DIFFERENT CRITERIA FOR BOTH THE SPECIAL USE PERMIT AND THE VARIANCE. UM, THOSE CRITERIA CRITERIA ARE ACTUALLY HANDED DOWN FROM STATE CODES. SO JUST WANTED TO, UH, LET THE AUDIENCE KNOW THE, THE ADJACENT PROPERTY OWNERS AS WELL AS THE, UH, AS WELL AS THE BZA MEMBERS THAT, UH, THAT WE DO FOLLOW A METHOD WHEN WE'RE REVIEWING THESE AND MAKING, UH, RECOMMENDATIONS, UM, A WORD ABOUT WHAT A VARIANCE IS SUPPOSED TO BE. SO, AS WE ALL KNOW, OR YOU KNOW, FROM, FROM YOUR EXPERIENCE AND FROM YOUR TRAINING, THE VARIANCES ARE SUPPOSED TO BE DISCRETIONARY IN NATURE JUST BECAUSE SOMEONE COMES IN AND HAS A PREFERRED LAYOUT THAT THEY WISH TO, UH, PUT FORWARD. AND THAT LAYOUT DOES NOT COMPLY WITH THE ORDINANCE. THAT DOESN'T NECESSARILY, YOU KNOW, THAT DESIRE IN AND OF ITSELF IS NOT A REASON TO APPROVE A VARIANCE. SO VARIANCES ARE DISCRETIONARY, MEANING THEY'RE NOT GUARANTEED. UM, THEY'RE NOT, THEY'RE NOT INTENDED TO ALLOW AN APPLICANT TO ACHIEVE A PREFERRED LAYOUT WHEN A, WHEN A, UH, UH, A PREFERRED LAYOUT THAT VIOLATES THE ORDINANCE WHEN ANOTHER LAYOUT COULD WORK. SO WE WERE PRESENTED WITH THIS PREFERRED LAYOUT THAT ACTUALLY NECESSITATED THE NEED FOR THE VARIANCE, AND THAT'S WHAT'S CALLED A SELF-CREATED HARDSHIP. THAT IS TYPICALLY A, UH, [00:05:01] UH, AN AUTOMATIC DISQUALIFIER FOR THE ISSUANCE OF A VARIANCE. BUT WE ARE STAFFED. WE JUST, UM, WE JUST, UH, UH, THESE, UH, CRITERIA MAKE THE STAFF REPORT AND PROVIDE YOU WITH THAT INFORMATION. SO, UH, VARIANCES. AND INSTEAD OF, UH, INSTEAD OF, UH, SUBMITTING A VARIANCE FOR A QUOTE UNQUOTE PREFERRED LAYOUT THAT DOES NOT COMPLY WITH THE ORDINANCE, THE VARIANCES ARE REALLY INTENDED TO ALLOW MINIMUM RELIEF NECESSARY FOR USE OF THE PROPERTY. SO, WHILE THE APPLICANT HAS, UH, HAS SUBMITTED, UH, A LAYOUT FOR TWO HOUSES ON ONE PIECE OF PROPERTY, UH, THE PROPERTY IS ZONED AGRICULTURAL SINGLE FAMILY DWELLINGS. ONE SINGLE FAMILY DWELLING, UH, ON EACH PROPERTY WOULD ACTUALLY COMPLY WITH THE ORDINANCE. SO THERE ARE ALTERNATIVES HERE. UM, AGAIN, UH, THE APPLICANT IS ELECTED TO APPLY FOR TWO SINGLE FAMILY HOUSES, AND THE SPECIAL USE PERMIT IS FOR A PRIMARY DWELLING WITH A, WITH AN A, QUOTE UNQUOTE ACCESSORY DWELLING IN THE, UH, UH, ON, ON THOSE PROPERTIES. SO HE IS ELECTED TO APPLY FOR TWO SINGLE FAMILY HOMES WHEN A, WHEN ONE SINGLE FAMILY HOUSE WOULD DEFINITELY COMPLY. AGAIN, THAT IS THE TEXTBOOK DEFINITION OF A SELF-CREATED HARDSHIP. UM, SPECIFIC CRITERIA FOR VARIANCES. AGAIN, UH, MONTH AFTER MONTH, YOU HAVE THE, THE, THE STAFF APPEARING BEFORE YOU, UH, BEING VERY TRANSPARENT ABOUT THE CRITERIA THAT IT USES, AGAIN, HANDED DOWN FROM STATE CODE AND REPEATED IN THE COUNTY CODE, UH, FOR THE, UH, YOU KNOW, FOR THE, UM, FOR THE REVIEW AND DECISION ON VARIANCES AND SPECIAL USE PERMITS. UH, THE APPLICANT IS ACT IS REQUESTING A LOT OF DISCRETION HERE. TWO SPECIAL USE PERMITS NECESSITATING THE NEED FOR FOUR VARIANCES AND, UM, AND ON QUOTE UNQUOTE NON-CONFORMING LOTS. SO THESE LOTS ARE 90 BY 245, UH, THAT IS JUST UNDER HALF AN ACRE, OR THAT'S JUST AROUND HALF AN ACRE, WHERE, UM, THE MINIMUM LOT SIZE IS FIVE ACRES. SO, UH, TWO NON-CONFORMING LOTS THERE. UH, THE STAFF, UH, AGAIN, WHAT WE'VE DONE SO FAR IS WE'VE PROCESSED THE APPLICATIONS, WE'VE SET UP THE PUBLIC HEARINGS AND MADE THE STAFF REPORTS. UH, IT IS THE BOARD OF ZONING APPEALS ULTIMATELY, THOUGH, THAT DECIDES ON THESE. AND, UH, THAT CONCLUDES MY REMARKS AGAIN, UH, SINCE WE'RE TALKING ABOUT TWO, UH, ESSENTIALLY, UH, TWO APPLICATIONS, TWO SPECIAL USE PERMITS WITH FOUR VARIANCES. MY COMMENTS ARE GOING TO, ARE, ARE GOING TO APPLY TO THE, UH, TO THE OTHER CASES AS WELL. SO THIS CONCLUDES MY REMARKS, AND I CAN FIELD ANY QUESTIONS AT THIS TIME. ANY QUESTIONS FOR, FOR LEE? THANK YOU. THANK YOU. I THINK THE APPLICANT IS HERE AS WELL. YEAH. YES HE IS. YES. WOULD YOU GIVE US, WOULD YOU GIVE US YOUR NAME? YES. MY NAME IS NORMAN PITT. UM, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH WHILE ALL MATTERS BEFORE US? YES, SIR. OKAY. OKAY. UM, COULD I FORWARD THIS FOR A MOMENT? UH, COULD YOU GO BACK AND I WOULD LIKE TO, JUST BASED ON WHAT LEE WAS JUST SAYING, THEY ARE NON-CONFORMING LOTS OF RECORD, UH, TO CREATED HARDSHIP THAT HE'S TALKING ABOUT IS PUTTING CHEW ON THERE. I TRIED EVERYTHING. I DON'T HIT THE LAW. I ALSO WENT THROUGH PLANNING CLASSES, SO I GOT A GOOD UNDERSTANDING OF THE BACKING. IT'S GOOD FOR WHAT HE SAID, BUT YOU SEE RIGHT NOW, AND I WOULDN'T SEND 'EM BACK IN BECAUSE I DID EMAIL STAFF AND I ASKED HIM, I HAD SEVERAL QUESTIONS. I WAS GIVEN AN EMAIL THAT HONESTLY SAID, UH, I SHOULD, UH, REFER HERE ON OUT ALL MY QUESTIONS TO YOU. SO MY QUESTION IS THAT I WOULD UPDATE SOME THINGS THAT LAST SEPTIC, UH, RESERVE CENTER BACK THERE THAT'S NOT THERE ANYMORE, SO WE CAN GET MORE DISTANCE BETWEEN THEM. I WAS SO AFRAID TO SUB SUBMIT ANY NEW DRAWINGS TO THE COUNTY BECAUSE I FIGURED IT WOULD THROW ME INTO SOMETHING NOW. SO I LEFT IT LIKE THAT. UH, THESE DORM PERFORM A LOTS OF RECORD. THE HARDSHIP, THESE LOTS WERE, UH, DEVELOP PRIOR TO A LOT OF THE ZONING ORDINANCE. THEY ARE LEGAL LOTS. AND MAYBE I DID MAYBE IN A CERTAIN WAY, BUT I DONE CAME UP WITH OTHER IDEAS, I THINK. UM, BUT WHAT I'M SAYING, WHAT I'M SHOWING YOU HERE, IF YOU WOULD LOOK AT THAT BUILDING, I MEAN THE FIRST, UM, IS IT OKAY IF I STEP OVER? YES. OKAY. SO IF YOU LOOK AT THIS FIRST CHILD HERE, IT SHOWS IT'S OFF OF THE POPULAR RIGHT NOW, KNOWING THAT ALL I NEED IS ONE SEP CEPT BETWEEN THE TWO THAT'LL PUSHED IT OUT, DONE TALKED TO THE HEALTH DEPARTMENT, THEY AGREED WITH IT, BEEN TALKING MR. BUN, HE AGREED WITH IT. UH, SO I'M GETTING A FURTHER DISTANCE IN HEARING IN BETWEEN THAT. I WON'T SAY HOW MUCH I [00:10:01] WON'T BEARING, BUT BEING SAID, THERE'S SO MUCH, UM, THINGS I'VE BEEN GOING THROUGH WITH THIS. I MEAN, YOU WOULDN'T BELIEVE IT. I WENT OUT TO THE SITE. I'VE BEEN SITTING THERE, I'VE BEEN WATCHING TO WATCH TRAFFIC AND EVERYTHING GO BY. I SAW ONE PERSON WALKING THE DOG. OKAY? IF YOU ARE ON THIS SITE AND YOU LEAVE, YOU WOULDN'T GO TO YOUR, UH, TO YOUR RIGHT, YOU WOULD GO TO YOUR LEFT. YOU'RE FIVE MINUTES AWAY FROM THE HIGHWAY. WITH THAT BEING SAID, I CAN MAKE, I COULDN'T MAKE SOME FURTHER ADJUSTMENT FAR AS THE AREA BETWEEN THE TWO HOUSES. I MEAN, YEAH, BETWEEN THE TWO HOUSES, P THAT DISTANCES THERE. BUT AS I SAID, DIDN'T WANNA SUBMIT ANYTHING ELSE BECAUSE THE RED TAPE, I'VE EVEN BEEN TOLD BY THE COUNTY THAT EVEN IF Y'ALL APPROVE IT, IT'S GONNA GO TO COURT AND IT'S GONNA BE DENIED IT. JUDGE GONNA OVERTURN IT. I DON'T KNOW. I DIDN'T ASK FOR THE LEGAL ADVICE, BUT I GOT IT. UH, WITH THAT BEING ALSO SAID IN THAT AREA, I THINK I'M ACTUALLY DOING SOMETHING THAT BEAUTIFIED THE AREA, UH, WITH SOMETHING. I HAVE SOME PICTURES HERE. I WANTED TO SEND YOU THE EARLY ON THE ADJACENT LOCK. CAN I SEE THAT ONE WITH THE LOCKS ON IT? YOU KNOW THE OVERHEAD, UH, YES. RIGHT THERE ON THIS LOT HERE. UM, OKAY. THAT'S MY, THAT'S ONE LOT. THIS LOT. THOSE PICTURES WERE TAKEN TO THIS AREA. THERE ARE HOUSES FALLING DOWN, TRASH ALL IN THE YARD AND EVERYTHING. ME GOING OVER HERE AND PUTTING THERE, I DON'T SEE EVER DO ANY DEGRADATION MYSELF TO PROVE THERE AREA. UH, I, I GOT PICTURES SHOWING IT. UM, I'M IN THERE. I'M WILLING TO DO ANYTHING WITH THE, BUT IT RAM AND I THANK YOU FOR YOUR APOLOGIES EARLIER. UM, I'M WILLING TO DO ANYTHING IN THERE TO MAKE THIS WORK. OKAY? EVEN IF I HAVE TO MAKE THIS SMALLER HOUSE. BUT I, IT WILL PUT IT BACK HERE. I HAD TALKED TO STAFF AT A MEETING. WHAT IF I JUST DO A DUPLEX? I WOULD HAVE TO GO THROUGH THIS WHOLE PROCESS AGAIN. SO RIGHT NOW, AND I HAVE SOME MORE INFORMATION. I TALKED TO NORTHAMPTON. I CAN GIVE YOU A COPY OF THIS NORTHAMPTON SCHOOL SYSTEM. NORTHAMPTON, NOW AAC NEEDS SCHOOL. AND THEY, I CONTACTED THE SCHOOL BOARD AND THEY SAID THIS WOULD BE SOMETHING THAT WE BROUGHT UP AT THE SCHOOL BOARD MEETING. SO I DIDN'T UNDERSTAND THAT. SO THEY DIDN'T GIMME ANY FEEDBACK. HERE'S A LETTER FROM NORTH HAMPTON, UH, EMAIL FROM NORTHAMPTON SCHOOL SYSTEM. THANKS AGAIN FOR SPEAKING TO ME EARLIER. I WANT TO FOLLOW UP WITH ADDITIONAL CONTENTS, UM, REGARDING THE HOUSE HOUSES NEEDED FOR NORTHAMPTON PUBLIC SCHOOLS. ALRIGHT, ON AN AVERAGE, WE TYPICALLY HAVE SECURED HOUSING FOR FIVE TO 10 TEACHERS EACH YEAR. THE NUMBER FLUCTUATE DEPENDING ON THE FACTOR, SUCH AS THE NUMBER INTERNATIONAL, UH, CONTRACTS WITH, UH, AND THE DEPARTING OF STAFF. WHENEVER WE MAKE IT POSSIBLE, WE TRY TO HIRE LOCALLY. AT THIS TIME, WE DO NOT YET HAVE CONFIRMATION OF THE 2026 AND 2027 YEAR. HOWEVER, WE ANTICIPATE THAT THERE WILL BE TWO TO FIVE TEACHERS REQUIRING HOUSING. OKAY? SOME OF THE COMMON CHALLENGES WE ARE, WE ARE IN COUNTING, IS LIMITED PET FRIENDLY HOUSING. THAT'S SOMETHING I'VE ALREADY ADDED. I TOLD THEM, AND I'M TELLING EVERYONE THESE WILL, IF THIS IS APPROVED, IT WILL BE ON A YEARLY BASIS. NO SHORT TERM. TWO OF THE FOUR HOUSES WILL BE PET FRIENDLY. OKAY? SO, AND SHE TOLD ME THAT THERE WAS FIVE TEACHERS THAT CAME IN LAST YEAR THAT ACTUALLY LEFT BECAUSE THEY COULDN'T HAVE PETS. AND THIS IS NORTH HAMPTON. AND SHE SAID THAT LOCATION WOULD BE PERFECT. OKAY? SO SHE WENT ON TO SAY SOME OF THE MOST COMMON CHALLENGES ARE LIMITED TO PET, UH, FRIENDLY HOUSING OPTION, UM, PROPERTY THAT DO NOT FULFILL THE YEARLY LEASING TERMS FOR AFFORDABLE HOUSING CONCERNS, REQUIRING THAT THE LIVING IN THAT, THE LIVING ARRANGEMENT BE ONLY TILL ON 10 MONTHS BASIS. I'M NOT TALKING ABOUT THIS, I'M TALKING ABOUT LONG TERM. YOU GOT A TEACHER THAT WANT TO STAY HERE, YOU CAN STAY HERE FOR FIVE YEARS, YOU WANT TO, IT DOESN'T BOTHER ME. UH, AND I WOULD DO WHATEVER TO SAY IT. I TALKED TO BDOT, I MET WITH THEM ON SITE. THEY'RE ALL IN AGREEMENT WITH THE DRIVEWAY. I TALKED TO EVERYBODY. I COULD. I SAT THERE AND I ACTUALLY JUST LOOKED ONE DAY, YOU KNOW, I WANTED TO SEE WHAT THE NEIGHBORHOOD'S ABOUT. I MEAN, BUT WHEN YOU, WHAT I'M DOING, I, I WOULD SAY WOULD BE AN IMPROVEMENT COMPARED TO WHAT'S ON THOSE SITES. UM, IT DOESN'T, DOES WOODED LOTS ON BOTH SIDES. THERE'S NO ONE WITHIN 50 FEET. AND THE ONE PERSON THAT COULD SEE THE LOT WOULD HAVE TO LOOK PAST THAT FIRST. SO, YOU KNOW, I KNOW THE ART, I KNOW WHAT'S GOING ON AND I, UH, I HATE TO SAY IT, I DON'T, YOU KNOW, AND I'VE BEEN TOLD BY BOTH SIDES OF THE FENCE. IT'S NOT WHAT YOU'RE DOING, IT'S YOU DOING IT. AND THAT'S HARD TO SAY ABOUT ACK COUNTY. IT CHOKES ME UP A LITTLE BIT, EVEN WHEN I GET TO, YOU KNOW, TALKING TO STAFF IS, AND YOU'VE BEEN A BIG HELP SINCE. UH, [00:15:01] I WILL GIVE CREDIT WHAT CREDITS TO, BUT LOOKING AT THE NEED FOR HOUSING IN AKIMA COUNTY, I MEAN, WE WOULD BE DOING ALL THE LINE HERE. THAT WOULD BE DUMPSTERS AT THE BACK. WE DON'T LOOK INTO ALL OF THIS. SO WE DONE DID OUR HOMEWORK. AND LIKE I'M SAYING, I, I KNOW THAT THERE'S A LOT OF OPPOSITION, BUT I THINK SOMETIMES PEOPLE GO BY WHAT THEY'RE TOLD AND NOT WHAT YOU PRODUCE. AND WE'RE PRODUCING A PRODUCT THAT IF IT GOES AS, EVEN THOUGH THERE'S A LOT OF OPPOSITION, AND AGAIN, I SAY TO SOMEONE THAT WALKED UP TO ME THIS MORNING AND APOLOGIZED, HAD ACTED LAST TIME, THERE ARE NO HARD FEELINGS. THERE ARE NO HARD FEELINGS. EVERYONE HAS AND WANT WHAT THEY WANT. I'M JUST DOING WHAT I SEE A NEED FOR IN THE COMMUNITY. THAT'S ALL. AND I DON'T MEAN TO, UH, HOLD YOU ANY LONGER, BUT, UM, IT'S BASICALLY SOMETHING THAT'S NEEDED. AND I'VE GOT A FEELING THAT, AS I WAS TOLD, IF IT GOES BEFORE THE MACK SCHOOL BOARD, IT'D BE JUST LIKE NORTH HAMPTON. THIS IS SOMETHING WE NEED. UM, AND WE'LL DO ALL THE ACCOMMODATE WE'LL AND F APPROVED. WE WOULD DO EVERYTHING THAT THE COUNTY IS TELLING US THAT WE NEED TO DO, HOW TO DO IT. AND THEN SOMETIME IF IT'S A HOOP OF JUMPING THROUGH IT, WE'LL JUMP THROUGH IT AND GOD BLESS Y'ALL. HAVE A NICE SECOND. ARE THERE ANY QUESTIONS FOR MR. OKAY. UM, OKAY. SO THE APPLICATION'S FOR AN ACCESSORY DWELLING MM-HMM . OKAY. ON EACH LOT. WHICH ONE IS THE ACCESSORY? THE ONE TO THE REAR? THE ONE TO THE REAR? YES, SIR. OKAY. EVEN THOUGH IT'S EXACTLY THE SAME AS THE ONE IN THE FRONT? YES. YES. OKAY. IT WOULD BE THE ONE TO THE REAR. 'CAUSE THE WAY WE LOOK AT IT IS WHEN YOU DRIVE BY, YOU, YOU, YOUR STRUCTURE WOULD BE ON THE ROAD, THEN THE ONE ADJACENT TO THE ROAD. I'M SORRY, SIR. UM, WE HAVE REALLY WORKED ON THIS HARD AND I'M EXCITED. EITHER WAY. I'LL, I'LL STILL BE EXCITED. I'LL SEE YOU ON THE STREET. I'LL SMILING IN OF YOU, BUT THIS IS JUST SOMETHING I GOTTA CALL 'EM TO DO, I GUESS SO. OKAY. OKAY. ANY OTHER QUESTIONS? AND WE WOULD, I KNOW THAT WAS A QUESTION RAISED, AND I WANT TO CLEAR THIS UP. I SAID SOMETHING ABOUT SECTION EIGHT. I APOLOGIZE TO EVERYBODY HERE WHAT I WAS SAYING, AND I DIDN'T MAKE IT CLEAR. I WOULDN'T ADVERTISE IT THROUGH, UM, WHAT YOU CALL IT, UH, SOCIAL SERVICE. THAT'S ALL I WAS SAYING. AND SOMEONE SAID, NO, NORMA, YOU KNOW, THEY, THEY PULLED ME ASIDE. THEY TOLD ME, UM, SOMEONE THAT KNEW WHAT I HAD SAID AND I APOLOGIZED TO EVERYONE. I WE'RE ALL THE SAME. OKAY. GOD BLESS Y'ALL. HAVE A NICE DAY. THANK YOU. I THINK WE HAVE SOME PUBLIC, UH, COMMENTS. DON, WOULD YOU GIVE US YOUR NAME? MY NAME IS DONALD YAN. DO DON, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH WHEN ALL MATTERS BEFORE US? OH, ABSOLUTELY. WHAT WOULD YOU LIKE TO SHARE WITH US? I REALLY DON'T THINK I NEED TO GO OVER WHAT I WENT THROUGH LAST TIME I WAS HERE. BUT THE THING THAT I JUST WANTED TO REITERATE, THERE'S A COUPLE OF THINGS, IS AS YOU MENTIONED AT THE LAST MEETING, YOU SUGGESTED THAT THE PARTIES SHOULD GET TOGETHER AND, UH, DISCUSS, MAYBE SOLVE THE PROBLEMS BEFORE WE CAME BACK TO THIS MEETING. NEVER HAPPENED. I WAS LOOKING FOR SOMETHING. I'M PROBABLY THE CLOSEST RESIDENCE TO THIS, UH, THING OTHER THAN, UH, A FARM ON THE OTHER SIDE. YES, THERE'S, UH, TWO BUILDINGS THAT ARE DERELICT. THEY'VE BEEN THAT WAY. I'VE LIVED AT MY RESIDENCE SINCE 1985. AND, UH, I'VE SEEN THE GROWTH IN OUR AREA AND THE GROWTH IN OUR AREA'S ALL BEEN RELATIVELY LIKE WHAT? I HAVE THE SINGLE FAMILY'S DWELLINGS, USUALLY A ACRE, TWO ACRES OF EACH PROPERTY. AND THAT'S BEEN KIND OF THE STANDARD THROUGH ALL THE AREAS. YOU GO A MILE AROUND THIS, IT'S ALL THE SAME. THIS PROJECT IS NOT, DO I HAVE ANYTHING AGAINST PITT? NO, NOT AT ALL. I DON'T REALLY EVEN KNOW 'EM OTHER THAN THE ASPECT OF WHAT I'VE LEARNED FROM WHAT'S GOING ON. THEY TALK ABOUT THE ROAD. I'VE SEEN TRAFFIC INCREASE BIG TIME, ESPECIALLY SINCE THEY PUT THE, UH, THE CHICKEN FARMS IN THE ROAD. CONDITIONS AIN'T WHAT THEY USED TO BE. I GLADLY INVITE ANYBODY TO COME TO MY FRONT YARD AND LOOK WHERE THE TRUCKS AND STUFF HAVE GONE INTO MY DITCH AND STUFF GOING AROUND. UH, AS MUCH AS TWO DAYS AGO WE HAD A CAR ACCIDENT, TOOK OUT A POLE RIGHT ON PHILLIPS DRIVE GOING TO 13. THERE'S A LOT OF TRAFFIC ON THAT ROAD. WE'D BE INCREASING THAT TRAFFIC WHERE HE'S LOOKING [00:20:01] TO PUT, YOU GOT A BLIND SIDE CORNER RIGHT THERE. SO HE BACK OUTTA THAT DRIVEWAY COME AROUND. YOU TAKE ANY YOUNG KID NOWADAYS, HE'LL TURN AROUND AND THERE'LL BE A HIT. I USED TO BE THE FIRE CHIEF OF MALFA. I'VE BEEN A FIRE CHIEF OF ONLY, I'VE BEEN A MEMBER OF AN C**K AND WATCH FREAK. SO I KIND OF KNOW THE AREAS OF, UH, THE SAFETY AND STUFF. I'VE SEEN WHAT HAPPENS. RENTALS TO ME PERSONALLY, IS NOT A GOOD FIT FOR OUR AREA. THERE'S A LOT OF RETIRED PEOPLE. THERE'S NOT A WHOLE LOT OF YOUNG FAMILIES OR ANYTHING IN THE AREA. EVERYBODY KNOWS EVERYBODY. WE DON'T HAVE TO LOCK OUR CARS AND STUFF. YEAH, PEOPLE WALK DOGS. WELL, I CAN GUARANTEE I GOT FIVE OF THEM. I DON'T ENJOY WALKING, BUT I DO HAVE 'EM RUNNING AROUND THE FRONT YARD WITH ME AND STUFF. IT'S VERY PET FRIENDLY. I DON'T THINK THERE'S ANYBODY IN THE AREA THAT DOESN'T HAVE A PET OF TWO. BUT WHEN YOU'RE TALKING ABOUT THE, THE THINGS, LIKE I SAID, I DON'T THINK I NEED TO REITERATE WHAT I DID LAST MONTH, BUT I JUST DON'T THINK IT'S A GOOD FIT FOR OUR AREA. AND IT'S, IT'S SOMETHING THAT I'M KIND OF, UH, HARDCORE ON THAT. THAT'S REALLY ALL I'VE GOT TO ADD TO IT. ANY QUESTIONS FOR ME? THANK YOU. THANK YOU. UH, SHARON? YES, SIR. WOULD YOU GIVE US YOUR NAME? YES, SIR. UM, I'M SHARON YAN, RETIRED DISABLED FIRE MEDIC MACK COUNTY. UH, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, ABSOLUTE TRUTH, NOTHING BUT THE TRUTH ON ALL MATTERS BEFORE? ABSOLUTELY, SIR. THANK YOU. UM, I'M HIS BETTER HALF. AND I AGREE. YOU KNOW, THE THING OF IT IS, IS I'D BE CON I'M CONCERNED IF A KID RUNS OUT IN THE ROAD, THERE ARE SEMIS UP AND DOWN THAT ROAD, AS HEAVY AS IT IS ON 13TH, I SWEAR TO GOD, CHICKEN TRUCKS AND EVERYTHING, SOMEBODY'S GONNA GET TAKEN OUT ON THAT BLIND CORNER. TRAFFIC IS GOING 45 MILES AN HOUR COMING THROUGH PHILLIPS DRIVE. YOU'VE GOT MORE THAN ONE PERSON WALKING A DOG. THERE ARE PEOPLE WALKING THE, UH, WALKING BICYCLERS, UM, EVERY DAY, SOME MORE THAN OTHERS. OKAY. UM, I COMMEND MR. PITTS FOR WHAT HE WANTS TO DO, BUT, UM, IT IS REALLY NOT SAFE BEING LOCATED ON THAT CORNER. UM, ACCIDENTS ON PHILLIPS DRIVE. WE'VE HAD 15 OKAY. AND 16 ON LANGFORD HIGHWAY. AND THIS IS FROM 24 TO 26. AND AS DON SAID, JUST THE OTHER DAY, SOMEBODY TOOK OUT A LAKE POLE. UM, I JUST DON'T WANT TO SEE A CHILD GO RUN OUT IN FRONT OF ONE OF THEM SEMIS COME RUNNING AROUND THAT CORNER. IT IS, YOU KNOW, A BLIND CORNER. YOU CAN'T SEE ANYTHING. UM, AND ALSO, UH, I'M KIND OF PUT BACK BY CODE ONE 5.224 SAYS ZONING OR PLANNING ACTION INVOLVING REZONING, SPECIAL USE PERMITS AND VARIANCES REQUIRES NOTICE WITH THE TIME AND PLACE OF THEM HEARING PUBLISHING IN THE NEWSPAPER AND WRITTEN NOTICE OF BEAUTY PROPERTIES AT LEAST FIVE DAYS PRIOR TO. OKAY. WELL, I COPIED THE NEWSPAPER. YOU GUYS DIDN'T CONTACT ANYBODY HERE. OKAY? SO I AM TAKEN BACK BY THAT, THAT YOU KEPT US IN THE DARK. I DIDN'T FIND OUT ABOUT THIS UNTIL LIKE NINE O'CLOCK LAST NIGHT. OKAY? AND I DON'T THINK ANYBODY ELSE HERE FOUND OUT ABOUT IT UNTIL THAT, UH, SO, UM, OH, YOU KNOW, THAT'S WRONG. THAT IS WRONG. THAT'S MY RIGHT. THAT IS THEIR RIGHT. WE LIVE A MILE FROM THE HIGHWAY, NOT FIVE MINUTES. OKAY. A MILE. THE ROAD CONDITIONS, YOU KNOW, THEY'RE TURTLEBACK, THEY'RE OLD COUNTRY ROADS. BEEN ON THEM ALL MY LIFE. SO MOST OF THESE PEOPLE HERE, UH, LET'S SEE. AND, YOU KNOW, AND THE, THE PEOPLE OF SUNNYSIDE, THE DEVELOPMENT WE LIVE IN, WHICH IS, I DON'T KNOW HOW MANY ACRES IT, YOU KNOW, THERE ARE, THERE'S ABOUT 15 HOUSES, I THINK. UM, NOBODY ELSE WAS NOTIFIED AND THAT, YOU KNOW, THEY SHOULD KNOW AS WELL. I MEAN, NO, THEY'RE NOT BUTTED RIGHT UP AGAINST IT. THERE'S ONLY LIKE THREE OF US IN SUNNYSIDE. BUT DON'T YOU THINK THEY HAVE THE RIGHT TO KNOW WHAT'S GOING ON AROUND THE CORNER? THAT'S ALL I'VE GOT TO SAY. I'M UPSET. THANK YOU. THANK YOU. [00:25:03] ANY QUESTIONS? ANYBODY? I DON'T THINK SO. THANK YOU HARVEY. MR. CHAIR? YES. UH, CAN WE, YOU, AND ASK THE STAFF IF WE HAVE PROPER NOTICE IN THE NEWSPAPER GIN? DO YOU WANT TO ADDRESS THAT BEFORE WE PROCEED ANY FURTHER? NO. SO HOW I, HOW I UNDERSTAND THE REGULATION IS THAT BECAUSE IT WAS A DEFERRED CASE, NO FURTHER, UM, ADVERTISEMENT NEEDS TO BE DONE. UM, WE DO THE ADVERTISEMENT FOR THE FIRST HEARING. UM, DURING THE MEETING, EVERYBODY WAS TOLD THAT WE WERE GONNA MOVE ON FOR THE, FOR THE MARCH HEARING. SO NO, NO ADVERTISEMENT WAS MADE BECAUSE OUR UNDERSTANDING IS THAT NO ADVERTISEMENTS NEEDED. AND, AND EVERYONE THAT WAS AT THAT MEETING, IT WAS MADE KNOWN THAT THIS WAS DEFERRED UNTIL THIS MEETING. MM-HMM . YEAH. I JUST WANNA MAKE SURE BEFORE WE PROCEED WITH THE CASE, OKAY. HARVEY, UH, YOU, I JUST WANTED TO ADD TO THAT NOTE THAT WE DID PUBLISH THE AGENDA ON BOARD DOCS AND THAT IT'S ALSO IN THE, UH, BZA BYLAWS THAT IF A CASE IS CONTINUED, THAT NOTICE IS NOT REQUIRED. HOWEVER, IN THE FUTURE, WE WILL, YOU KNOW, WE, WE WILL GO AHEAD AND, UH, AND ADVERTISE, UH, ANY CONTINUED CASES, RIGHT? THAT'S NOT DIFFICULT, BUT, YOU KNOW, THAT'S THE EXPLANATION. WELL, THANK YOU. RIGHT. BUT WE DO WANNA PUT ON RECORD FOR EVERYONE WHO CAME LAST MEETING AND SPOKE LAST MEETING. IT WAS STATED AT THAT LAST MEETING THAT THIS CASE WILL BE DEFERRED. UNTIL TODAY, CAN WE UH, HEAR FROM HARVEY? YES. COME ON BACK. CARTER. THIS, SAY CARTER. I DIDN'T GO YET. ANYWAY. MORNING. MY NAME IS HAR HARLEY PAIN. 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. I RESIDE IN WATVILLE, NOT THE MAYOR YET, BUT I'M WORKING ON IT. . UM, WE'VE GOT A SMALL COMMUNITY THERE. AND ON WALLOPS MILL POND ROAD, UH, JUST TALK ABOUT IT. DI THINK THIS IS THE A DIFFERENT CASE. DIFFERENT HARVEY. NO, I, BUT DIFFERENT CASE. JUST A DIFFERENT CASE. OH. OH GOSH. WHERE AM I DOWN? WHAT AM I DO NOW? WELL, WE'LL, WE'LL JUST HAVE TO RECALL YOU AND YOU, YOU SIGNED ON THE WRONG SHEET. OH, THAT'S NOT HARVEY. THAT, THAT'S ALL RIGHT. WE, WE'LL, WE'LL RECTIFY THAT IN THE MAIL I SEEN HARVEY. WE GET TO, OKAY, HERE WITH US. RONNIE RON. LUC LUCAS, WOULD YOU GIVE US YOUR NAME, PLEASE? RONNIE LUCAS. DO YOU PROMISE TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? YES. ON ALL MATTERS BEFORE, SIR. THANK YOU. AS YOU KNOW, I OBJECTED THIS FROM THE LAST MEETING AND HAVE DONE A LITTLE RESEARCH, UH, WITH SAFETY CONCERNS. UH, THE TRAFFIC ON OUR ROAD ON PHILLIPS DRIVE, THE DRAINAGE WITH ADDITIONAL HOUSES. WE, WE JUST DON'T HAVE DRAINAGE. I MEAN, THE ROAD FLOODS, YOU HAVE TO GO OUT ONE END OF PHILLIPS DRIVE 'CAUSE YOU CAN'T GET OUT THE OTHER. WHEN WE HAVE HEAVY RAINFALL WITH THE DEER POINT HOUSING DEVELOPMENT AND TWO LARGE POULTRY FARMS EXPERIENCING HEAVY TRAFFIC, LIKE THEY SAID FROM THE CHICKEN TRUCKS. WE GET QUITE A FEW IN, IN A COUPLE OF SMALL AND THE UN SHOULDERED ROADS, WE REALLY DON'T HAVE ANY SHOULDER. OUR, I RODE APPROXIMATELY 16 FOOT WIDE. SO THAT TELLS YOU ABOUT HOW MUCH YOU GOT TO PLAY WITH THERE. AND LIKE, LIKE MS. VAUGHN SAID, EXPERIENCED DRIVER, YOU RIDE THE DIRT. BUT THESE YOUNG PEOPLE, IT, IT DOESN'T WORK. IT, IT IS REALLY DANGEROUS. THE ROAD SURFACE, IT'S, WE HAVEN'T BEEN TREATED IN 30 YEARS AND WE'VE HAD THE GRAVEL TREATMENT, BUT NO ASPHALT TREATMENT IN 30 YEARS. NO DRAINAGE TREATMENT IN 30 YEARS. THE SCHOOL BUSES, WHEN THEY COME AND A CAR'S COMING, THE CAR'S GOTTA PULL OVER, LET THE SCHOOL BUS BY. I MEAN, IT, IT'S THAT NARROW BECAUSE WHAT WAS ON THE EDGE HAS WORE DOWN. WE'VE, UH, [00:30:01] LIKE SHE SAID IN THE TIMEFRAME FROM THE 24TH UNTIL THE 26TH OF FEBRUARY, WE'VE HAD 16 ACCIDENTS ON PHILLIPS DRIVE. WE'VE HAD 17 AT THE INTERSECTION OF PHILLIPS DRIVE AND LANGFORD HIGHWAY. THAT'S AN UNLIGHTED ENTRANCE RIGHT IN FRONT OF THE STATE POLICE STATION. SEVERAL OF THESE ACCIDENTS HAVE BEEN NEAR OUR PROPERTY. WE'VE HAD TWO, WE HAD ONE MONDAY OF THIS WEEK AND ONE TUESDAY OF THIS WEEK. ONE WAS A POLE. ANOTHER ONE WAS A, A PERSON HITTING, ANOTHER PERSON TRYING TO PASS. WE HAVE SEVERAL SMALL CHILDREN IN THE AREA. MR. PITT BROUGHT, THERE WAS CHANGES FROM THE LAST MEETING TO THIS MEETING. THE LAST MEETING. IT WAS A MONTHLY RENTAL, CORRECT? WELL, I'M NOT A HUNDRED PERCENT ON LAST MEETING, I THINK THERE WAS SOME DISCUSSION WHETHER OR NOT A MONTH TO MONTH VERSUS A, VERSUS A YEARLY. I THINK WE DID LAND ON YEARLY AT THE LAST MEETING, BUT I, WE DID NOT. IT WAS MONTHLY AND WE WENT TO A SIX MONTH AND THEN BACK TO THE MONTHLY RENTAL. WE DON'T HAVE THE PERSONNEL TO CHECK TO SEE IF SOMEBODY'S RENTING MONTHLY OR YEARLY. WE DON'T HAVE A FIRE INVESTIGATOR NOW WE HAVE FAMILIES, THREE FAMILIES LIVING IN ONE HOUSEHOLD, WHICH IS SO DANGEROUS. BUT WE DON'T HAVE ANY, WE DON'T HAVE THE COUNTY EMPLOYEES TO CHECK THESE THINGS. SO HOW DO WE KNOW IF WE'RE GONNA STAY WITH A YEARLY LEASE OR WE ARE GONNA DO A MONTHLY LEASE THAT'S ON MR. PITT'S WORK. WE ALL, MOST OF US HAVE GRANDCHILDREN. I HAVE AN 11-YEAR-OLD SON. THEY ALL PLAY WITHIN 500 FEET OF THAT PROPERTY. AND IF WE DO A MONTHLY, WE ARE GONNA HAVE TRANSIT PEOPLE. MR. PITT SAID THAT HE WANTED TO RENT THE SCHOOL TEACHERS, POLICE OFFICERS AS SUCH STATE TROOPERS. I UNDERSTAND THAT. BUT THAT'S HOUSING DISCRIMINATION. YOU CAN'T PICK WHO YOU'RE GONNA RENT TO. EVERYBODY SHOULD BE ABLE, ABLE TO BE A RENTAL. THERE SHOULD BE NO DISCRIMINATION ON WHO YOU'RE GONNA ALLOW TO RENT FROM YOU. I HAVE A DIAZ FAMILY THAT LIVES NEXT DOOR TO ME. VERY WELCOME. WHEN THEY CAME TO OUR AREA, THEY WERE GREETED WITH FLOWERS, CARDS. WE WOULD WELCOME MR. PITT TO OUR AREA, BUT NOT A RENTAL FACILITY. MR. PITT ALSO THAT STATED TO THE BOARD, THE BOARD STATED THAT MR. PITT IS A GOOD MAN. I BELIEVE THAT FROM THE BOTTOM OF MY HEART, THAT MR. PITT IS A GOOD MAN. BUT THERE'S ORDINANCE AND LAWS FOR A REASON. IF I'M ON THE INTERSTATE OR ON 13 AND I'M RUNNING 80 MILES AN HOUR AND THE STATE TROOPER PULLS ME OVER AND I TELL HIM I'M A GOOD, THE JUDGE, I'M A GOOD MAN. HE'S NOT GONNA REWRITE THE LAWS FOR ME. IT DON'T WORK THAT WAY. A COUPLE PEOPLE IN THE ROOM HERE HAVE HAD THEIR CHILDREN, INCLUDING MINE, WHO WANT TO BUILD ON OUR PROPERTY WITH THE COST OF UTILITIES, ESPECIALLY SEPTIC. WHICH THAT'S WHY WE'RE PUTTING TWO DWELLINGS ON ONE PIECE OF PROPERTY TO ACCOUNT FOR THE COST OF A SEPTIC. IT WAS OVER $40,000 TO HAVE MY SON TO BUILD A HOME ON MY PROPERTY. WE COULD, IT WAS, YOU KNOW, IT WASN'T REASONABLE. BUT IF I PUT TWO DWELLINGS ON A PIECE OF PROPERTY, IT'S FEASIBLE. YES. AND MR. PITT DID BRING UP IN THE LAST MEETING THAT I OFFERED TO BUY HIS PROPERTY AND I DID. AND I WOULD MUCH RATHER SEE IT TURN OVER TO A NATURE CONSERVANCY THAN HAVE EXTENDED STAY HOTEL IN OUR AREA. THANK YOU. THANK YOU. ANY QUESTIONS? THANK YOU SIR. CARTER? GOOD MORNING EVERYONE. GOOD MORNING. WOULD YOU GIVE US YOUR NAME PLEASE? CARTER COPELAND. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO. THANK YOU, SIR. I HAVE TO, EXCUSE ME 'CAUSE I'M AN OLD MAN NOW AND I GET A LITTLE NERVOUS DOING THESE KIND OF THINGS. UM, MOST OF WHAT I HAD PREPARED TO SAY TODAY HAS JUST BEEN SAID BY A COUPLE OTHER GENTLEMEN. SO I'M GONNA JUST TRY TO GET THROUGH THIS PRETTY QUICK. [00:35:02] I'M GONNA START WITH, AFTER A LONG SEARCH, COVERING A GOOD PORTION OF THE EASTERN SHORE, I CHOSE THIS AREA OF MELVA BECAUSE OF THE WELL KEPT SINGLE FAMILY HOMES AND BEAUTIFUL FARMLAND. A MULTI-UNIT, TWO OR MORE DWELLINGS. ZONING CHANGE GOES AGAINST THE CURRENT ZONING. PUTTING TWO PREFAB HOMES ON EACH LOT WILL ONLY LEAD TO MORE OF THE SAME. AS THE OWNER OF LOT SIX BIG, I WOULD BE MOST EFFECTIVE BY THE PROPOSED ZONING CHANGE. IT GOES ALL THE WAY DOWN TO MY PROPERTY FROM TOP TO BOTTOM AND DOWN THE OTHER SIDE A LITTLE BIT. I'M NOT GONNA TALK ABOUT MONTHLY RENTAL UNITS 'CAUSE WE CAN'T DID THAT EARLIER. UM, CHANGING, I BELIEVE THIS CHANGING ZONING THE MULTI-UNITS WOULD AFFECT THE VALUE OF THE SURROUNDING PROPERTIES. IT WOULD ALSO OPEN THE DOOR TO FURTHER MULTI-UNIT DEVELOPMENT AND HAVE A DOMINO EFFECT ON DEAN RILEY ADJOINING PROPERTIES GOING FORWARD. ZONING CHANGE WOULD ALSO AFFECT THE INTEGRITY OF THE NEIGHBORHOOD AND SET A BAD PRECEDENT. HOW ARE THINGS LIKE WATER RUNOFF AND FLOODING BEING ADDRESSED IN REGARDS TO THE PROPOSED GREATER HOUSING DE DENSITY? ANYBODY WHO LOOKS AT PHILLIPS DRIVE RIGHT THERE, WHERE DOES THAT WATER GO? UM, SKIP THIS PARAGRAPH AND I'M GONNA GO TO SOMETHING ELSE. THIS JUST A COUPLE OF POINTS THAT I'LL GET. MAYBE YOU GUYS WILL ANSWER. WE'LL SEE. INFRASTRUCTURE, INCREASED UNITS, INCREASED DEMAND ON SEPTIC SYSTEMS, WELLS, STORM WATER MANAGEMENT, ROADWAYS AND EMERGENCY SERVICES IN A RURAL AREA. ONE PRECEDENT PROVING HIGHER DENSITY RESIDENTIAL USE IN AN AGRICULTURAL DISTRICT MAY CREATE PRECEDENT FOR SIMILAR FUTURE REQUESTS. HAS STRUCTURAL CAPACITY INCLUDING SEPTIC AND STORMWATER BEEN FULLY EVALUATED. AND THEN THESE ARE QUESTIONS THAT I ASK. A GOOD FRIEND OF MINE WHO WORKS FOR A BIG LARGE CONSTRUCTION COMPANY HAS DONE A LOT OF THIS SIMILAR STUFF HE SAID TO THROW THESE OUT THERE. ARE THESE CONSIDERED NON-CONFORMING LOTS AND WHY? SECTION QUOTED IN THE LETTER REQUIRES 60,000 SQUARE FOOT MINIMUM. IS THAT FOR A SINGLE DWELLING? IF SO, THE PROPOSED LOT IS ONLY ABOUT HALF OF THAT. THE 60,000 SQUARE FOOT MINIMUM HAD A MINIMUM OF 1200 SQUARE FEET. I MEAN, SORRY, SQUARE FOOT RESIDENT. I'M SORRY. I JUST HAD A PROBLEM. UM, RESTRICTION TO MINIMIZE IMPACT OF LAND DISTURBANCE. HOWEVER, THE ASK IS FOR AN 1800 SQUARE FOOT RESIDENCE, WHICH IS A 33% INCREASE, SO ROUGHLY ONE THIRD LARGER RESIDENCE ON THE LOT, ALMOST HALF THE SIZE OF THE 60,000 MINIMUM REQUIREMENT. THIS WOULD SET A DANGEROUS PRECEDENT NOT ONLY FOR ADJOINING INTERMEDIATE PROPERTIES, BUT FOR THE COUNTY AS A WHOLE. AND THAT'S, THAT'S PRETTY MUCH WHAT I'VE GOT. UM, I DO ECHO THE, THE WARNINGS ABOUT PHILLIPS BOB BEING A DANGEROUS ROAD. IT HAS CERTAINLY BEEN THAT WAY FOR ME. I HAD SOMEBODY ALMOST CRASHED INTO THE BACK OF ME LESS THAN A MONTH AGO. SO I BELIEVE THAT, UM, THAT'S BASICALLY ALL I'VE GOT. I CAN GIVE YOU GUYS A COPY OF THIS QUESTIONS IF YOU WANT. ANYBODY ANY QUESTIONS FOR ME? THANK YOU. I'LL GIVE YOU THIS. LEMME GET TWO PAGES. OKAY. THANK YOU. OKAY. I THINK THE LAST ONE IS, UH, LEWIS. THANK YOU. THANK YOU. [00:40:07] GOOD MORNING. GOOD MORNING. WOULD YOU GIVE US YOUR NAME, PLEASE? LOUIS HINES. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH ON ALL MATTERS THAT ARE BEFORE US? YES, I DO. OKAY. UM, I'M WONDERING, GIN, COULD YOU PULL UP, ARE YOU ALLOWED TO PULL UP PHOTOGRAPHS? UM, I WANT THE ONE THAT HAD THE ROAD AND THE BLOCK ON IT THAT KEEP GOING RIGHT THERE. GO BACK TO THAT NICE DARKER ONE. THERE YOU GO. JUST, JUST SO YOU KNOW WHERE I'M AT ON THIS, IS IT PERMISSIBLE TO ST UH, STEP UP TO THE BOARD FOR JUST A SECOND? YES. ALRIGHT. AND THEN I'LL TAKE IT FROM THERE. SEE THAT DOUBLE YELLOW LINE THAT GOES ALONG THAT EDGE THERE? MM-HMM . THAT, LEMME GET BACK TO THE MICROPHONE. THAT IS AN EASEMENT OR A RIGHT OF WAY THAT WAS PASSED DOWN FROM OWNERSHIP TO OWNERSHIP FROM THE SUNNYSIDE DEVELOPMENT. I AM AT THE END OF THAT EASEMENT. THERE ARE SEVERAL OF US THAT ARE AFFECTED BY THAT. NOW LET ME FIRST SAY THAT I APPLAUD MR. PIS DESIRE TO PROVIDE AFFORDABLE HOUSING. WHO WOULDN'T WANT TO PROVIDE AFFORDABLE HOUSING TO TEACHERS AND TO DOCTORS, NURSES, OUR EMERGENCY CARE PROFESSIONALS WHO WOULDN'T WANT TO DO THAT? AND I THINK IT'S SOMETHING THAT THE COUNTY IS PROBABLY LOOKING INTO AND NEEDS TO DO, BUT THIS LOCATION IS NOT THE PLACE. ALL RIGHT. THERE ARE, AS YOU KNOW, THERE ARE A NUMBER OF UNDEVELOPED BLOCKS GOING DOWN ALONG THERE. AND I'D LIKE TO BRING MY, MY WIFE'S AND MY FEARS TO THOSE UNDEVELOPED BLOCKS AND THAT PARTICULAR RIGHT OF WAY THAT GOES DOWN MY, IN MY PAST LIFE BEFORE I RETIRED TO THE COMMUNITY, I WORKED FOR THE US FISH AND WILDLIFE SERVICE. I WAS A REFUGE MANAGER UP AND DOWN THE EAST COAST. MY LAST DUTY STATION WAS RIGHT HERE AT HIN T DURING THAT TIME, I WAS FACED WITH A NUMBER OF REQUESTS SIMILAR TO THIS BOARD TO ALLOW USES ON THE, ON THE NATIONAL WILDLIFE REFUGES THAT I SUPERVISED. IT GOT SO BAD WITHIN THE FISH AND WILDLIFE SERVICE THAT IN 89 OR 88 AND 89, WE HAD TO STOP ALL OF OUR ALLOWING USES. CAN I, I DON'T WANNA STOP YOUR STORY, BUT CAN YOU GET TO HOW YOU KNOW I'M GONNA, THAT'S WHERE I'M GOING. OKAY. ALL RIGHT. SO WE HAD TO, WE HAD TO STOP IT BECAUSE THEY WERE NON-COMPATIBLE USES. AND THAT'S WHERE I'M GETTING TO RIGHT NOW, IS THIS USE OF THIS PROPERTY, THE WAY IT HAS BEEN PRESENTED TO MR. BY MR. PITT, IS IT COMPATIBLE FOR THE COMMUNITY IN AKIMA COUNTY? I'M SURE YOU KNOW THAT EAST AND WEST THERE ARE ADDITIONAL BLOCKS OF LAND THAT HAVE NOT BEEN PROPOSED FOR ANY DEVELOPMENT THAT I KNOW OF. BUT THERE HAS BEEN SIGNIFICANT DECONSTRUCTION OF A YELLOW FRAME TASK WHERE IT SAYS 2 8 0 8 OH PHILLIPS DRIVE. THERE HAS BEEN WORK THERE TO TAKE DOWN THE HOUSE. IT HAS STOPPED. AND I WONDERED WHY DID IT STOP? I'M JUST GUESSING THAT'S BECAUSE MR. PITT HAS COME TO YOU AND ASKED FOR SPECIAL USE PERMIT AND VARIANCES. AND IF YOU APPROVE THAT, THEN THE NEXT STEP IS FOR THE BLOCKS OF LAND NORTH AND SOUTH TO UNDERGO COME BEFORE YOU FOR SIMILAR DEVELOPMENT RIGHTS. AND THAT, THAT DOUBLE STRIP THAT RIGHT OF RIGHT OF WAY EASEMENT THERE. WHEN I MOVED HERE IN 2013, UM, WE HAD A GENTLEMAN, UM, THAT MOVED, CLEARED THE LAND BACK THERE AND MOVED IN HOUSE TRAILERS AND OTHER THINGS, UNBEKNOWN TO THE COUNTY. AND, UM, I HAPPENED TO BE BUILDING A SHED AT THE TIME AND I ASKED THE COUNTY TO COME IN AND, AND THEY HAD TO INSPECT IT, RIGHT? AND THEY ASKED ME, WHAT'S GOING ON BEHIND YOUR PROPERTY? AND I SAID, WELL, [00:45:01] I WOULD'VE THOUGHT YOU WOULD'VE KNOWN. THEY LOOKED INTO IT ANY FURTHER DEVELOPMENT, WHATEVER, STOP BACK THERE. AND NOW I HAVE HOUSE TRAILERS AND ALL TYPES OF DEBRIS THAT IS JUST FALLING APART. SO WHEN YOU SAY YES, AND THIS IS MY WHOLE FEAR, WHEN YOU SAY YES, WHAT DOES THAT OPEN THE DOOR TO? AND THAT'S MY WIFE AND I'S BIGGEST FEAR. AND I THANK YOU FOR YOUR TIME AND I THANK YOU FOR YOUR CONSIDERATION OF OUR FEARS. THANK YOU. GIN. DID YOU HAVE ANYTHING? I HAVE NOTHING TO ADD. OKAY. MR. PITT, DID YOU HAVE ANY? SO YOU WITH YOUR HAND UP? I I DON'T HAVE A EXPLAIN AGAIN. RIGHT? DO YOU WANT SPRAY? NO. OKAY. I UNDERSTAND YOUR CONCERN AND I IF CINDY, I'M SORRY. IT GOTTA BOTHER YOU AGAIN. CAN YOU GO BACK TO THAT? DID, DID ONE THAT YOU JUST HAD UP THERE AS A LOT OF Y YEAH, RIGHT THERE. A LOT OF Y'ALL KNOW I USED TO WORK WITH THE COUNTY. A LOT OF THE ONES THAT GOT UP AND SPOKE AGAINST YOU, I MEAN, SPOKE YOUR CONCERN. I KNOW THEM. I WORKED WITH 'EM. SO I'M NOT OFFENDED BY WHAT THEY'RE SEEING. BUT THAT SETS IN THE MIDDLE BETWEEN THOSE TWO CURBS. THE PURDUE TRUCKS ARE NOT COMING PAST THOSE LOTS. THEY'RE COMING FROM A ROAD FURTHER DOWN. SO IF YOU'RE LOOKING AT THESE TWO LOTS ABOUT ANYBODY THAT LIVED THERE CAN TELL YOU ABOUT MAYBE A HUNDRED YARDS AWAY THAT THE ROAD THAT COMES OUT AND IT TURNS TO GO TO 13. AND I DO UNDERSTAND THE CONCERN. SO YESTERDAY I WAS OUT WITH VDOT LOOKING AT THIS AND THE GUY SAID, NORMAN, I TELL YOU WHAT TO DO, SET IT UP JUST LIKE YOU WOULD SET UP A COMMERCIAL ENTRANCE WITH A CURBING AND EVERYTHING, THE LINE OF SIGHT IS PERFECT. THE LINE OF SIGHT IS PERFECT. UH, ONE MORE CONCERN AND I I I HEARD IT FROM MR. LUCAS, I WANNA ARREST THEIR NERVES THAT IF THIS IS APPROVED, IT WILL BE FOR ONE YEAR LEASING. I WILL EVEN GIVE, SENT A COPY OF IT BACK TO THE BOARD AND TO THE NEIGHBORS SAYING THAT THESE ARE ONLY FOR ONE YEAR OR MORE LEASING. UM, I'M, I'M, I'M NOT, I'M, I'M NOT GOING INTO A NEIGHBORHOOD TO TEAR IT UP. I'M GOING INTO THE NEIGHBORHOOD TO BE A NEIGHBOR AND I'LL DO WHATEVER'S, YOU KNOW, NECESSARY. AND I KNOW YOU SAID SOMETHING EARLIER, UM, ABOUT ME NOT REACHING OUT. THAT WASN'T IT. I JUST GOT A FUNNY FEELING WHEN I LEFT LAST TIME. AND IF THEY WANTED TO REACH OUT TO ME, I WOULD HAVE, I WOULD'VE TALKED TO 'EM. I'M NOT THAT TYPE OF PERSON. SO THAT WAS ALL I HAD TO REALLY ADD TO IT. BUT I CHECK EVEN WHAT THEY'RE SAYING. EVEN ABOUT STORM WATER. EVERYBODY KNOWS I DO STORM WATER. SO WHAT WE WERE PLANNING ON DOING, WE PUT RAIN BARRELS UNDER THE, UNDER THE, UH, DOWNSPOUTS. SO IT DISTRIBUTED AS A, WHAT WE CALL SHEATH FLOW OVER THE YARD FOR DIRECT FLOW. WE WAS, I MEAN THIS THING BEEN THOUGHT THROUGH. I MEAN IT REALLY HAS. AND EVERY TIME I HEARD A CONCERN OF THOSE, UH, I'VE HEARD A CONCERN FROM THE LAST TIME I WAS HERE, WE TRIED TO ADDRESS IT. SO THANK YOU. I HOPE THAT EASE THEIR MIND AND IF ANYTHING I CAN DO. OKAY SIR. OKAY. ANY MEMBERS OF THE BOARD HAVE ANY OTHER QUESTIONS OR COMMENTS FOR SEND? WILL YOU READ OUR, SO RECOMMEND RECOMMENDED MOTIONS? SO WE HAVE, FIRST WE HAVE A, UH, THE SPECIAL USE PERMIT PORTION AND THE VARIANCE PORTION. NOW I WILL LIKE TO ADD THAT IN ORDER FOR MR. PITT TO DO WHAT HE WANTS TO DO, HE NEEDS BOTH, RIGHT? UM, SO I MEAN THE MOTIONS, UM, IF YOU'D LIKE ME TO READ 'EM, I WILL DO. DO WE HAVE ANYONE PREPARED TO MAKE A MOTION? I, I'D LIKE TO COMMENT AS I DID BEFORE, THAT I'VE KNOWN MR. PITT THROUGH HIS WORK AND KNOW THAT WHATEVER HE SAYS IS GOING TO BE WHAT HE'S GOING TO DO AND, UH, WOULD BE AN ASSET TO THE NEIGHBORHOOD IN THAT REGARD. WHERE, UH, MR. LEWIS'S POINTS ARE VERY VALID. BUT ALSO WE HAVE TO WEIGH THAT THE HAS BEEN NO ONE THAT HAS SPOKEN HERE IN FAVOR OF MR. PITTS PROJECT. AND WE'VE APPROVED ACCESSORY DWELLINGS IN THE PAST, [00:50:02] BUT IT'S BEEN A, A PRIMARY LARGE DWELLING WITH A SUBSERVIENT ACCESSORY DWELLING NOT TO, YOU KNOW, FOR EXAMPLE, THE BACK HOUSE COULD BE THE PRIMARY AND THE FRONT HOUSE COULD BE THE ACCESSORY. THERE'S NO DIFFERENCE. CORRECT IN THE TWO. UM, AND UH, SO I LEAVE IT WITH A GREAT IDEA. WE ALL KNOW I SERVE ON THE PLANNING COMMISSION ALSO HOW DESPERATELY THE COUNTY NEEDS HOUSING. GREAT IDEA, GREAT PROJECT MR. PIT PUT HIS HEART AND SOUL INTO THIS THING. JUST NOT A GOOD LOCATION. ARE YOU PREPARED TO MAKE A MOTION? WELL, ANY OTHER COMMENTS? NO. ALRIGHT. I MOVE THAT THE AKIMA COUNTY BOARD OF ZONING APPEALS DENY SUSE 0 0 0 1 9 0 2 0 25 A SPECIAL USE PERMIT PURSUANT TO MIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 22 FOR AN ACCESSORY DWELLING ON TAX PARCEL 1 0 2 DASH SIX DASH B FOUR WITH THE NINE CONDITIONS RECOMMENDED. WELL WITHOUT THE CONDITIONS, I HAVE A MOTION. DO WE HAVE A SECOND? SECOND. BEEN PROPERLY MOVED IN SECOND. ALL IN FAVOR? LET ME KNOW. I'M SAYING AYE AYE. AYE IS BEEN APPROVED. AND SO DO, DO WE NEED TO EVEN DEAL WITH MOTION DENIED? I MEAN DENIED. I MEAN, MOTION DENIED. THE MOTION WAS APPROVED. OKAY. THE MOTION WAS APPROVED TO, TO DENY. DO DO WE EVEN NEED TO DEAL WITH THE VARIANCE BEING THAT THAT'S BEEN NO, UH, 'CAUSE THEY WOULD, THEY WOULD NEED BOTH TO DO THEIR PROJECT. UM, THE QUESTION I'LL HAVE NOW IS WE HAVE ANOTHER, WE HAVE ANOTHER CASE FOR THIS SAME THING ON ANOTHER PARCEL. UM, IF YOU'D LIKE, I CAN JUST REALLY QUICKLY FIVE MINUTES GET THROUGH QUICK. 'CAUSE IF YOU, IF WE'RE, UH, YOU, YOU CAN APPROVE THE SECOND ONE YEAH. ONCE YOU GO THROUGH YOUR FIVE MINUTE SPIEL AND WE'LL, OKAY. I WOULD, IS THAT TOTALLY NECESSARY? UH, WE COULD JUST, I MEAN, IF, IF YOU'D PREFER, WE CAN JUST GO RIGHT TO THE MOTION ON THE SECOND, SECOND CASE. IF, IF THAT'S WHAT YOU, SAME THING OVER, WOULD YOU? UM, I WOULD JUST SUGGEST THAT, JUST ASK IF ANYBODY HAS ANYTHING ADDITIONAL, EVEN THOUGH, UH, 1 9 1 IS THE SAME EXACT CIRCUMSTANCE ON AN IDENTICAL ADJACENT LOT, JUST OUT OF ABUNDANCE OF CAUTION. AND ASK IF ANYBODY ELSE HAS ANY DIFFERENT COMMENTS OR IF THE BOARD, UM, JUST WANTS TO, UH, GO WITH OR IF EVERYONE PRESENT IS COMFORTABLE WITH WHAT THEY'VE ALREADY, UH, OFFERED THE BOARD. I'LL GO AHEAD AND SECOND THAT BECAUSE, UM, YOU, YOU WERE, YOU DID ADVERTISE FOR MULTIPLE PUBLIC HEARINGS, SO, UH, MR. UH, WATSON'S EXACTLY RIGHT. YOU SHOULD GO AHEAD AND HAVE THAT PUBLIC HEARING, EVEN IF THE FACTS OF BOTH CASES ARE ESSENTIALLY THE SAME. RIGHT. AND SO WOULD, WOULD YOU JUST GIVE US THE QUICK FIVE MINUTE ON IT AND THEN WE WILL SEE IF, UH, INSTEAD OF GOING THROUGH ANOTHER PUBLIC HEARING, IF ALL THE FOLK WHO SIGNED UP FOR THAT OR COMFORTABLE WITH MOVING TO THE MOTION. OKAY. SO REALLY QUICK, UH, THIS IS, UH, NORMAN PITT. THIS IS SUSE 1 91 20 25 AND VARIANCE 1 94, 20 25 ACCESSORY DWELLING WITH VARIANCE. UM, BACKGROUND INFORMATION WE ALREADY KNOW NORMAN PITT'S, THE APPLICANT AND THE OWNER. UM, THIS TAX MAP LOCATION'S DIFFERENT. IT'S, UH, 1 0 2 DASH SIX DASH B FIVE. UH, THE ZONING IS AGRICULTURAL. UM, THIS IS THE PROPERTY, UM, THAT WAS THE FIRST CASE. THIS ONE IS THIS CASE. UH, ZONED AGRICULTURAL, UH, FUTURE LAND USE IS AGRICULTURAL, UH, FLOODPLAIN. NOT A FLOODPLAIN, NOT AN RPA. UM, AGAIN, UH, SAME LOCATION. SO SIMILAR PHOTOS. AND WE'VE SEEN THIS SITE PLAN BEFORE INSTEAD OF THE TOP TWO. WE ARE NOW DEALING WITH THE BOTTOM TWO. AND THEN SAME PICTURE OF, OF, UH, WHAT THE HOUSE WOULD LOOK LIKE. UH, ZONING ORDINANCE CONSIDERATIONS. SAME, SAME ZONING ORDINANCE STUFF FROM THE FIRST CASE. AND THEN, UH, CONSIDERATIONS FOR SPECIAL USE PERMITS. THESE MIRROR EXACTLY, UH, WITH THE FIRST CASE. SO SAME, [00:55:01] SAME CONSIDERATION FOR SPECIAL USE PERMITS. SAME ANSWERS. UH, AGAIN, ZONING ORDERS, CONSIDERATIONS, AND AGAIN, SAME CONSIDERATIONS FOR VARIANCE APPLICATIONS AS THE FIRST ONE. OKAY. COMPREHENSIVE PLAN. WE TALKED ABOUT, UH, ONE DWELLING PER FIVE ACRES. THIS WOULD PLACE TWO DWELLINGS ON A SITE THAT'S ROUGHLY HALF AN ACRE. UM, UTILITIES, UH, WE'VE TALKED ABOUT PHILLIPS DRIVE. UM, AND AGAIN, SIX PUBLIC COMMENTS WERE RECEIVED IN OPPOSITION TO THIS PROJECT. AND THE FULL SCOPE OF THE PROJECT INCLUDES TWO PARCELS AND A SHARED DRIVEWAY WILL BE LOCATED ALONG THEIR COMMON PROPERTY LINE. UH, STAFF FINDINGS, I'LL GO THROUGH THESE. UH, NUMBER ONE, THE APPLICANT HAS REQUESTED A SPECIAL USE PERMIT IN ORDER TO CONSTRUCT TWO HOMES ON THE SAME PROPERTY. UH, NUMBER TWO, THE PROPERTY IS SUCH THAT A VARIANCE IS REQUIRED FOR LOT SIZE AND THE CONSTRUCTION OF THE DWELLINGS IS SUCH THAT THEY NEED VARIANCES FOR BOTH SIZE AND SEPARATION DISTANCE. UM, STAFF RECOMMENDATIONS. STAFF RECOMMENDS APPROVAL OF SPECIAL USE PERMIT PORTION. UM, AND FOR THE VARIANCE PORTION, STAFF DOES NOT TYPICALLY MAKE RECOMMENDATIONS ON VARIANCES. HOWEVER, THE APPLICANT HAS NOT MET THE THRESHOLD TO BE APPROVED. UH, SHOULD THE BCA APPROVE THE SPECIAL USE PERMANENT VARIANCES STAFF RECOMMENDS THE FOLLOWING NINE CONDITIONS. UM, JUST FOR THE RECORD, I'LL GO THROUGH THE CONDITIONS REALLY QUICK. 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. UH, 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. UH, NUMBER SIX, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE INSPECTIONS AS 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 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 LICENSE 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. AND THAT'S THE MOTION. OKAY. I WILL SAY FOR THE MOTIONS A MISTAKE THAT I FOUND. THIS SHOULD SAY 1 91 AND THIS SHOULD SAY 1 94. 'CAUSE WE'RE DEALING WITH, UH, THE TWO OTHER CASES FOR ALL THOSE THAT, UH, WERE PART OF THE PUBLIC HEARING. UH, CAN WE DISPENSE WITH THE PUBLIC HEARING IF YES, SIR? YES. FINE. YES, SIR. OKAY. YES, SIR. MR. PITT, IS THERE ANYTHING THAT YOU WOULD LIKE TO SHARE BEFORE WE MOVE TO THE MOTION? OKAY. IF I CAN SUGGEST THAT YOU OPEN THE PUBLIC HEARING, THEN CLOSE THE PUBLIC HEARING. JUST FOR UM, OKAY. JUST FOR THE PROPER MOTIONS. OKAY. THE PUBLIC HEARING IS NOW OPEN. DO WE HAVE ANYONE WHO FEELS NECESSARY TO SPEAK ON THIS SITE HEARING NOW WE CLOSE THIS PORTION OF THE PUBLIC HEARING AND WE'RE READY FOR, UH, A MOTION. CAN SOMEBODY ELSE DO IT? ? I WANNA DO IT. YEAH, I THINK THAT'S SOMETHING I WOULD, UH, BEFORE THIS CLOSE. UH, OKAY. ALRIGHT. QUICK QUESTION. I KNOW THE FIRST ONE GOT DISAPPROVED, SO, UM, WILL I GET SOMETHING SEEN? WHY IT WOULD DISAPPROVE? BECAUSE, AND HERE'S THE REASON I'M ASKING. WAS IT, UH, DUE TO THE SIZE BECAUSE I COULD GO BACK AND DO THE SIZE? OR WAS IT, I'M SORRY. DID YOU KNOW, I KNOW I'LL GET A LETTER SAYING DENIAL. RIGHT. WE DO SEND OUT THE, THE APPROVAL AND DENIAL LETTERS. UM, WE DO NOT GO INTO THE REASONS WHY, THE DENIAL THAT'S ON THE RECORD IN THE MINUTES OF, OF THE MEETING, WHICH ARE POSTED, OF COURSE, WITHOUT ONE ABOUT THE GOTCHA. I WONDER ABOUT THE APPEAL FOR ASSESS. OKAY. NOT THAT I, IF I APPEAL, I WOULD DO SOMETHING DIFFERENT. WHAT I'M SAYING, I, I APPRECIATE Y'ALL TIME. OKAY. THANK, THANK YOU. I HAVE A COMMENT. OH, WE HAVE, WE HAVE ONE ADDITIONAL COMMENT FROM THE BOARD. I HAVE A COMMENT. UM, THE GOOD NEWS FOR MR. PET, ALTHOUGH THE SPECIAL USE PERMIT IN VARIANCE WAS DENIED FOR THE PREVIOUS ONE. THE GOOD NEWS IS HE'LL STILL BE ABLE TO USE THAT LOT FOR ONE DWELLING. RIGHT. THERE'S NOTHING NEGATIVE WITH HEALTH DEPARTMENT APPROVAL. CORRECT. ONE DWELLING FOR EACH LOT. EACH LOT FOR EACH LOT. THAT'S CORRECT. THAT'S THE GOOD NEWS. HE'S STILL ABLE TO USE THOSE LOTS. CORRECT. WITHOUT COMING BEFORE US. ALRIGHT. I GUESS [01:00:01] NOW THAT, I'M SORRY IT KEEPS POPPING UP. OKAY. SO I GET WHAT YOU'RE SAYING. I GET EXACTLY WHAT YOU'RE SAYING. NOW MY PROBLEM IS WHAT IF I WANNA PUT A BARN IN THE BACK, DO I HAVE TO COME BACK? YOU SEE WHAT I'M SAYING? SO IS IT, THAT'S WHY I'M ASKING. AS LONG AS IT'S NOT A LIVABLE STRUCTURE OR EITHER THE, WHAT THEY CALL 'EM A GRANNY, UM, YOU KNOW YEAH. UHHUH ABOVE IT AS LONG AS IT COMPLIES AND IT'S, YOU, YOU DON'T NEED A VARIANCE OR SPECIAL USE. THAT'S ALL I WANTED. OKAY. THANK YOU. I'M SAYING, BUT THAT WOULD DEPEND ON THE SIZE. YEAH. WHERE YOU LOCATED? I IT, I GOT IT. GOT PLANNED FOR IT ALREADY. THANK YOU. OKAY. AM I CORRECT ON THAT? I, I WOULD LIKE TO ADD THAT IF, IF MR. PITT DOES ANYTHING WHERE IT'S LIKE A LIVING SPACE ABOVE A GARAGE THAT IS AN ACCESSORY DWELLING AND THAT WOULD, THAT WOULD BE SUBJECT TO THESE VARIANCE PROCEEDINGS. BUT IF HE JUST WANTS TO BUILD A BARN AND THE HOUSE IS ALREADY THERE NOW, IT'S AN ACCESSORY STRUCTURE. RIGHT? THE DIFFERENCE BEING ONE'S A DWELLING ONE'S NOT. YES. OKAY. AND AGAIN, JUST WANNA REITERATE, THAT SHOULD BE SUSE 1 91 AND VARIANCE 1 94. IS ANYBODY READY TO MAKE A A MOTION? OKAY. I GUESS I AC BOLT SPEAKING. I MOVE THAT THE MACK COUNTY BOARD OF ZONING APPEALS, DENY SUSE DASH OH OH OH 1 9 0 1 9 1 1 9 1 DASH 2 0 2 5 SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH FIVE THREE PARAGRAPH 22 FOR AN ACCESSORY DWELLING ON TAX PARCEL 1 0 2 DASH SIX DASH B FIVE WITH THE NINE CONDITIONS RECOMMENDED BY STAFF AND A MOTION. DO WE HAVE A SECOND? SECOND, THEN PROPERLY MOVED IN SECOND. ALL IN FAVOR SAY AYE. AYE. UH, THE MOTION HAS BEEN APPROVED TO DENY, UH, THE SPECIAL USE PERMIT. OKAY, SO JUST, JUST FOR FUTURE REFERENCE BECAUSE, BECAUSE WE'RE DENYING, UH, THE NINE CONDITIONS DOESN'T MATTER. RIGHT. OKAY. THAT'S, UH, THAT'S THOSE TWO CASES. OKAY. DOES, DOES ANYBODY NEED TO TAKE A BREAK BEFORE ANYBODY ON THE BOARD NEED TO TAKE A BREAK? BEFORE WE, LET'S TAKE A BREAK. CAN, CAN WE TAKE JUST A, A QUICK FIVE MINUTE BREAK? HUH? BREAKS MY HEART. I'M GONNA ASK THE ATTORNEY. YEAH. GOOD NEWS TODAY, BUT YOU KNOW, HE'S DEMAND POURED HIS HEART AND SOUL INTO THIS THING AND IF IT WAS NEXT TO ME, I'D HAVE, BUT YOU KNOW, YOU HAVE ALL THOSE PEOPLE OUT THERE, YOU KNOW, AND THE STUFF ABOUT FAST TRUCKS, PEOPLE GET SUPPLY. YEAH. YOU KNOW, I MEAN, IT'S, IT'S CUT AND DRY, BUT, UM, THE, THE MOST COMPELLING THING IS WHAT MR. LEWIS SAID. SO, OKAY. YEAH. MM-HMM . ALRIGHT, I'M GONNA GO TO THE WEST. . I THINK THAT SOUNDS LIKE A GREAT IDEA. A 45 MINUTES. HOW ARE YOU? [01:05:06] ALTHOUGH THERE ARE NO, THERE ARE NO REGULATIONS. SOME HAS TO BE NOT THE SIZE. IS THAT, IS THERE A STATUTORY CUDDLE TIMELINES? YEAH, THAT'S WHAT WE GOT STRAIGHT. YEAH. YOU KNOW, I HAVE TO SAY WE REALLY, YOU KNOW, WE'RE NOT GONNA GET READING, BUT WHEN HE SAID A SELF-CREATED HARDSHIP IS USUALLY YEAH. THAT THAT'S IN THE CLASS. YEAH. YEAH. BUT I MEAN ALL THAT IN THE CLASS BE GOOD. WE HAVE PLENTY OF LATIN CHURCH AND NIECES AND NEPHEW. MR. UH, I DO HAVE TO LEAVE AT 1230 FOR APPOINTMENT. OKAY. WE WE'RE GONNA TRY THAT. YEAH, NO, I'M JUST, SHE HAS TO LEAVE AS WELL. LETTING YOU KNOW I HAVE TO LEAVE AT 12. YEAH, WE CALL THE MEETING BACK TO ORDER. UH, JUST, JUST AS AN ANNOUNCEMENT, WANT TO MAKE THIS, UH, I HAD TO CHECK SOME RECORDS, BUT DURING OUR, UH, PUBLIC HEARING, WE NEED TO LIMIT, UH, YOU ARE LIMITED BY OUR, OUR RULES TO FOUR MINUTES. UH, THE APPLICANT HAS A MAXIMUM OF 10 MINUTES TO MAKE HIS, THEIR APPEAL AND THEN THEY GET A FIVE MINUTE REBUT IF WE HAVE ANY OTHER QUESTIONS. SO WE'RE GONNA TRY TO KEEP THAT SO WE CAN KEEP THINGS FLOWING. AND THANK YOU, JUDGE. WE'RE GONNA TURN IT, TURN THIS BACK OVER TO ASCENSION. OKAY. SO, UM, THIS NEXT CASE IS, UH, NKM PROPERTIES LLC, AND THIS IS, UH, APPEAL 1 6 8 20 25. THIS IS SUBSTANTIAL IMPROVEMENT DETERMINATION. UM, FIRST UP WE'VE GOT, UH, LEE, PAM THAT WANTS TO SAY SOMETHING AGAIN. LEE, PAM, A DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT AND THE DESIGNATED THE BOARD DESIGNATED ZONING ADMINISTRATOR. UM, THE, THE STAFF IS PREPARED TO MOVE FORWARD TODAY. I UNDERSTAND THAT, UH, THAT, UH, THE APPLICANT MAY WISH TO, UH, ADDRESS THE BOARD WITH REGARDS TO, UH, UH, HOW THIS CASE MOVES FORWARD. BUT WHAT I WILL SAY IS THAT, UM, WE ARE PREPARED TO MOVE FORWARD [01:10:01] TODAY AS A STAFF TO, UH, TO EXPLAIN THIS CASE TO THE BOARD OF ZONING APPEALS IF IT IS YOUR DESIRE TO MOVE FORWARD TODAY. OKAY? THANK YOU. UM, THE, UH, ATTORNEY FOR NKM IS HERE TO MAKE A REQUEST. OKAY. UH, WOULD YOU GIVE US YOUR NAME PLEASE? OF COURSE. MAY I PLEASE THE BOARD. JOSEPH SHERMAN BROOK PLUMLEY ON BEHALF OF NKM PROPERTIES, LLC. OKAY. UH, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? SO HELP ME GOD. THANK YOU. . OKAY. NKM PROPERTIES LLC FILLED OUT AN APPLICATION FORM REQUESTING A VARIANCE AND AGAIN, ASKING FOR A VARIANCE AND SEEKING RELIEF CONSISTENT WITH A VARIANCE. THE COUNTY, UH, PROCESSED THE APPLICATION AS A, AS A, UH, DETERMINATION OF THE ZONING ADMINISTRATOR. I MET WITH THE COUNTY LAST WEEK, BROUGHT THIS TO THEIR ATTENTION. THEY AGREED AND INVOICED MY CLIENT FOR A VARIANCE. AND SO WHILE THE ZONING ADMINISTRATOR CHALLENGE IS PROPERLY NOTICED FOR TODAY, THE VARIANCE IS NOT. AND SO SECTION TWO SEVEN OF THE BYLAWS READS, IF ALL APPLICATIONS ARE APPEALS CANNOT BE PROPERLY DISPOSED OF ON THE DATE SET, THEN A CONTINUANCE IS APPROPRIATE BECAUSE THESE ARE IDENTICAL ISSUES FOR AN IDENTICAL PROPERTY OVERLAPPING WITH IDENTICAL EVIDENCE, IT WOULD BE DUPLICATIVE AND, AND UNFAIRLY PREJUDICIAL TO NK M PROPERTIES TO HAVE TO PROCEED WITHOUT THE REMEDY OF A VARIANCE AVAILABLE. YOUR PACKETS DON'T CONTAIN ANY STAFF REPORT ON THE VARIANCE, WHICH HAS BEEN PROPERLY APPLIED, APPLIED FOR. SO I'M ASKING THE BOARD FOR 30 DAYS TO CONTINUE THIS SO THAT THEY CAN BE SET AT THE SAME TIME, BOTH A CHALLENGE TO THE DECISION AND THE VARIANCE PROPERLY APPLIED FOR SO THAT WE CAN HEAR IT DO IT RIGHT INSTEAD OF DOING IT TWICE. THANK YOU. DOES ANYBODY HAVE ANY QUESTIONS FOR HIM BEFORE HE MOVE TO CONTINUE 30 DAYS? YES. THAT'S WHEN I THINK I SECOND. THANK YOU. JUST, JUST FOR, UH, BACKGROUND, THAT WOULD BE THE APRIL 1ST MEETING. APRIL 1ST MEETING. WE'VE GOT A MOTION TO CAN, CAN I ASK A QUESTION OF THE STAFF? GO AHEAD. I, I'M A LITTLE LOST AS TO WHAT THE GENTLEMAN, THEY'RE REAPPLYING FOR SOMETHING. SO THE APPLICATION, UM, DID CHECK THE BOX FOR VARIANCE. THE DESCRIPTION OF WHAT WAS REQUESTED ACTUALLY WAS A DISAGREEMENT WITH THE RULING, AND THAT'S WHAT WAS NOTICED FOR TODAY. THE BOARD COULD TAKE UP THE DISAGREEMENT WITH THE RULING TODAY, AND IF THE BOARD OBVIOUSLY UPHELD THE RULING THAT WAS MADE, THEN AT THAT TIME THE VARIANCE COULD BE HEARD. SO THE BOARD COULD TAKE ONE ISSUE UP TODAY AND THE SECOND ISSUE, WHICH IS A COMPLETELY DIFFERENT REQUEST OF AT THE NEXT HEARING, OR THE BOARD COULD CHOOSE TO TAKE BOTH OF THEM UP AT THE APRIL 1ST HEARING. THANK YOU. THE DECISION IS YOURS. OKAY. IS THERE ANYONE WHO WOULD LIKE TO MAKE A MOTION THAT WE DEFER THIS UNTIL THE APRIL? THAT WAS MY MOTION. OKAY. SECOND. IT'S BEEN PROPERLY MOVED. AND SECOND, UH, ALL IN FAVOR SAY AYE. AYE. AYE. THIS THAT HAS BEEN DEFERRED UNTIL, AYE. APRIL. THANK YOU. OKAY. SO WE'LL GO THROUGH ALL THIS RUN. SO MOVING ON, WE HAVE, UH, WE'RE DONE WITH OUR DEFERRED CASES. MICHAEL, WHAT'D YOU CLOSE THE DOOR FOR US? SO WE'RE, WE'RE DONE WITH OUR DEFERRED CASES. SO NOW WE'RE ON FOR THE NEW CASES FOR, UH, MARCH. UH, SO THE FIRST ONE IS, UH, BARICA HOMES. UH, THIS IS, UH, SUSE 0 0 0 0 1 7 20 26. AND THIS IS A SINGLE FAMILY DWELLING IN THE GENERAL BUSINESS DISTRICT. OH. UH, THE APPLICANT IS BARICA HOMES INC. UH, THE PROPERTY OWNERS ARE, UH, THOMAS AND JENNIFER WALTER. UH, THE LOCATION IS, UH, THE 7,400 BLOCK OF WALLOPS MILL POND ROAD, AND THIS [01:15:01] IS A TAX MAP NUMBER 28 B DASH TWO DASH ONE, ELECTION DISTRICT THREE, UH, APPROXIMATELY 1.1 ACRES. AND, UH, ZONING IS, UH, GENERAL BUSINESS AND RESIDENTIAL. THE LOCATION OF THE DWELLING WILL BE IN GENERAL BUSINESS. UH, FUTURE LAND USE IS A VILLAGE DEVELOPMENT AREA. UH, CURRENT PROPOSED USES IS A SINGLE FAMILY RESIDENTIAL. ADJACENT ZONING IS, UH, GENERAL BUSINESS AT RESIDENTIAL AND ADJACENT, UH, USES ARE SINGLE FAMILY. UM, AS A BIT OF A, A BACKSTORY, THIS IS LOCATED IN A SUBDIVISION AS YOU'LL SEE HERE. THAT'S, UH, WALLACE MILL POND ROAD. THIS IS THE, THE SUBDIVISION. COOL. SO THIS IS, UH, CURRENT ZONING. YOU COULD TELL, UH, GENERAL BUSINESS RIGHT THERE. UH, FUTURE LAND USE. UH, THE PROPERTY IS PARTIALLY LOCATED IN THE, UH, FLOODPLAIN, BUT THE LOCATION OF THE STRUCTURE WILL NOT BE. THE LOCATION OF THE STRUCTURE IS APPROXIMATELY IN THIS AREA HERE. UM, RPA MAP. SO THERE IS, UH, THERE IS RPA, UH, ON THE PARCEL. UM, AND THESE ARE SOME, UH, PHOTOS. UM, THIS IS WALL MILL POND GOING BACK OUTTA THE HIGHWAY. THIS IS WOLF'S MILL POND GOING FURTHER INTO THE SUBDIVISION. UM, THIS PICTURE ON THE BOTTOM LEFT IS FROM THE ROAD LOOKING AT THE SITE, AND THIS IS FROM THE, UH, REAR OF THE LOT, LOOKING BACK TOWARDS WA MILL POND ROAD, OKAY. IS SOME, UH, PICTURES OF WHAT THE HOUSE IS GOING TO LOOK LIKE. NOW WE HAVE A ZONING ORDINANCE CONSIDERATION. SECTION 1 0 6 4 0 3 7 PROVIDES THE USE BY SPECIAL USE PERMIT. AND, UH, THAT IS RESIDENTIAL USES, INCLUDING SINGLE FAMILY DWELLINGS, NOT AS AN ACCESSORY TO AN APPROVED USE. AND THEN WE'RE GONNA GO, UH, CONSIDERATIONS FOR SPECIAL USE PERMITS, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD. THE RESPONSE IS NO ADVERSE IMPACT IS ANTICIPATED. UH, THE SURROUNDING NEIGHBORHOOD IS COMPRISED OF SINGLE FAMILY HOMES, WHICH IS THE STRUCTURE THAT THE APPLICANT WANTS TO BUILD. UH, NUMBER TWO, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES, UH, NO ADVERSE IMPACT IS ANTICIPATED. THE ONLY AVAILABLE, UH, UTILITY IS ELECTRICAL SERVICE, WHICH IS IN GROUND. UH, NUMBER THREE, WHETHER THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY. UM, THE USE OF A SINGLE FAMILY DWELLING WOULD ADD TO THE CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY AS IT IS CONSISTENT WITH OTHER SINGLE FAMILY DWELLINGS IN THE AREA. UH, NUMBER FOUR, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS. WHILE THE PROPERTY IS WATERFRONT WITH A R WITH AN RPA BUFFER, UH, NO ADVERSE IMPACT IS ANTICIPATED. UH, NUMBER FIVE, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS. UH, NO ADVERSE IMPACT TO OTHER OWNERS IS ANTICIPATED. THE STRUCTURE WILL OTHERWISE MEET THE SETBACK AND HEIGHT REGULATIONS IN THE ZONING ORDINANCE. UM, AN RPA BUFFER WAIVER HAS BEEN REQUESTED IN A SEPARATE APPLICATION. UH, NUMBER SIX, WHETHER THE PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE. UH, THE USE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE. UH, NUMBER SEVEN, WHETHER THE PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS. THE ANSWER THERE IS YES, THE SITE IS LOCATED IN A RESIDENTIAL SUBDIVISION WITH SINGLE FAMILY DWELLINGS. 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. YES. UH, POWERS AND GROUND A WELL AND SEPTIC SYSTEM IS ALSO PART OF THIS APPLICATION. UH, WALLACE MILL POND ROAD IS A PRIVATE RIGHT OF WAY IN AVERAGE CONDITION. UM, IT IS MADE UP OF GRAVEL, UH, ENVIRONMENTAL. THE PROPERTY IS LOCATED IN THE SPECIAL FLOOD HAZARD AREA AND CHESAPEAKE ATLANTIC PRESERVATION AREA. UH, PUBLIC COMMENT, UH, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW. AS A PREPARATION OF THIS REPORT, NO PUBLIC COMMENTS HAVE BEEN RECEIVED. UM, YOU DID RECEIVE, UM, A LETTER FROM A COUPLE OF, UH, ADJACENT PROPERTY OWNERS THAT WE GOT TODAY. UH, FINDINGS, THE APPLICANT PROPOSED TO PLACE A SINGLE FAMILY DWELLING ON THE PROPERTY. THE PROPERTY IS OWNED, GENERAL BUSINESS AND A SPECIAL USE PERMIT IS REQUIRED. UH, NO DETRIMENTAL IMPACTS TO THE ENVIRONMENT OR ADJACENT PROPERTY OWNERS ARE ANTICIPATED. STAFF RECOMMENDS APPROVAL OF THE SPECIAL USE PERMIT, GIVEN THE NATURE OF THE SURROUNDING AREA AND THE [01:20:01] PROPERTY BEING LOCATED IN A RESIDENTIAL SUBDIVISION. UH, SHOULD THE BZA APPROVE THE SPECIAL USE PERMIT STAFF RECOMMENDS THE FOLLOWING CONDITIONS? UH, THERE ARE SIX OF THEM. UH, NUMBER ONE, THE APPLICANT SHALL BE IN COMPLIANCE WITH THE SITE PLAN AND NARRATIVE AS SUBMITTED. UH, NUMBER TWO, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VDOT AND VDH REGULATIONS. UH, THE SPECIAL USE PERMIT SHALL BE VALID FOR TWO YEARS AFTER THE DATE OF ISSUANCE. UH, NUMBER FOUR, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE SPECIAL USE PERMIT IS ACTIVE. NUMBER FIVE, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE INSPECTIONS OF THE SITE WHILE THE SPECIAL USE PERMIT IS ACTIVE. AND NUMBER SIX, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE SPECIAL USE PERMIT LEN VOID. THAT IS THE MOTION AND I CAN ANSWER ANY QUESTIONS THAT YOU HAVE AT THIS TIME. I HAVE ONE QUESTION. SURE. HOW BIG IS THAT LOT? THE, UH, THE SURVEY THAT WE GOT IS SO SMALL. YOU CAN'T, SO IT'S A 1.1 0.1 ACRES. IT'S A LITTLE OVER AN ACRE. UH, LET ME SEE IF I CAN THE, UH, IT'S OKAY. OKAY. YEAH. SET ON THERE. YEAH. SO, OKAY. ANY OTHER QUESTIONS FOR CINDY? THE, UH, BECAUSE OF SOME OF THESE COMMENTS, THE ROAD IS A PRIVATE ROAD. IT'S NOT A COUNTY MAINTAINED ROAD. THAT'S CORRECT. IT'S A, IT'S IT AN H OA OR SUBDIVISION, IT'S AN HOA OR SUBDIVISION ROAD. YES, SIR. OKAY. THANK YOU. OKAY. THERE NO OTHER QUESTIONS FOR SEND YOU, I THINK THE APPLICANT IS THE APPLICANT HERE. I'M HERE. YES, SIR. TOM, TOM WALTER. DID, DID YOU WISH TO SPEAK TOM? I I HAD NOTHING PERSONALLY TO SAY, BUT I, I THOUGHT SOMEBODY ELSE HAD HAD A COMMENT. SO MAY I RESERVE THAT IN RESPONSE TO A COMMENT? YES, YOU CAN DO APPEAL, YEAH. OKAY. UH, WE, WE DID HAVE, UH, I THINK THREE PEOPLE. THERE IS ANOTHER OWNER THAT WISHES TO SPEAK. KIM WATSON, BARICA HOLMES REPRESENTATIVE. OKAY. OKAY. SO WE'RE REPRESENTING MR. WALTER. OKAY. DO YOU WANT ME TO YES. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD. SO HELP ME GOD. THANK YOU. UM, JUST A COUPLE THINGS THAT I WOULD LIKE TO POINT OUT AND THEN MAYBE RESERVE THE REST OF MY TIME FOR THE END IF IT NEEDS TO BE. THIS IS A STICK BELT PROJECT. IT'S WITHIN A RESIDENTIAL NEIGHBORHOOD. IT'S THE, ONE OF THE ONLY LOTS THAT ARE, UM, UM, JUSTIFIED AS A GENERAL BUSINESS DISTRICT IN A RESIDENTIAL NEIGHBORHOOD. IT IS A DEVELOPMENT AND IT DOES HAVE AN EXISTING RESIDENTIAL SEPTIC AND WELL ALREADY THERE. AND IT WAS SOLD TO THE CUSTOMER IN THOSE CONDITIONS. OKAY. THANK YOU. UH, WE HAD THREE PEOPLE WHO SIGNED UP. UH, IS IT TOM? THAT WAS ME, BUT OKAY. SO YOU ARE THE OWNER AND THEN, UH, JANET? YES. AND, AND JANET, DID YOU SUBMIT THE LETTER? YES, I DID. OKAY. WOULD YOU GIVE US YOUR, YOUR NAME? MY NAME IS JANET SCHRADER. OKAY. JANET, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH ON ALL MATTERS BEFORE US? I DO. THANK YOU. GOOD MORNING. HOW ARE YOU? GOOD. I'M APOLOGIZE FOR MY VOICE. IT'S A LITTLE QUIETED IN MY HOUSEHOLD. UM, I'M HERE TODAY REPRESENTING THE FOUR PROPERTY OWNERS LISTED BELOW IN REFERENCE TO THE PROPOSED PLACEMENT OF A HOME UNDER A SPECIAL USE PERMIT AT THE ABOVE REFERENCED ADDRESS RES. RESPECTFULLY SUBMIT THE FOLLOWING CONCERNS FOR THE CLARIFICATION. PRIOR TO ANY FINAL DECISION, SINCE BAR HOMES OR FACTORY BUILT MODULAR HOMES CONSTRUCTED OFFSITE, WILL CR IN LARGE CRANES AND LARGE TRANSPORT TRUCKS BE REQUIRED FOR DELIVERY AND PLACEMENT? IF SO, WHAT IS THE ANTICIPATED DURATION OF ROAD OBSTRUCTION DURING INSTALLATION? IS THERE A CONTINGENCY PLAN TO ENSURE CONTINUOUS ACCESS FOR EMERGENCY VEHICLES DURING ALL PROP, SERVING ALL PROPERTIES WITHIN THE COMMUNITY IF THE ROAD BECOMES TEMPORARILY BLOCKED? ADDITIONALLY, HOW WILL RESIDENTS MAINTAIN ACCESS TO AND FROM THEIR HOMES FOR WORK AND DAILY OBLIGATIONS DURING DELIVERY AND INSTALLATION? WILL THE USE OF HEAVY EQUIPMENT SUCH AS CRANES OR TRACKED VEHICLES CAUSE ANY INTERRUPTION TO ELECTRICAL SERVICE? UM, I DID NOT ADD IN, IN THIS. ALSO, THERE'S, UM, SPECTRUM SERVICE AND ALSO BROADBAND. AND IT DOES RUN ABOVE. UM, THERE IS ABOVE SERVICE RUN AND IT DOES RUN ACTUALLY IN FRONT OF THAT PROPERTY, UM, TO THE ENTRANCE OF THAT PROPERTY WILL THE USE OF HEAVY EQUIPMENT SUCH AS CRANES. OKAY. UM, THERE ARE CURRENTLY, UH, ABOVE GROUND UTILITY LINES SERVING THE RESIDENCES WITHIN THE COMMUNITY, INCLUDING [01:25:01] LINES THAT RUN ACROSS THE REFERENCE PROPERTY IN THE EVENT OF A ROADWAY DAMAGE CAUSED BY HEAVY TRANSPORTED VEHICLES OR EQUIPMENT, WHO WILL BE RESPONSIBLE FOR REPAIRS AND WILL REPAIRS BE GUARANTEED? ONE IMPACT ASSESSMENT, IF ANY, HAS BEEN CONDUCTED REGARDING POTENTIAL EFFECTS ON NEIGHBORING NEIGHBORHOOD, UH, ON NEIGHBORING PROPERTY VALUES. THE PROPERTY IS CURRENTLY ZONED PARTIALLY BUSINESS AND PARTIALLY RESIDENTIAL WITH THIS SPECIAL USE PERMIT RESULT IN THE PROPERTY BEING FULLY RESIDENTIAL OR IS THERE AN INTENTION TO OPERATE A BUSINESS FROM THIS PROPERTY? FOR THESE REASONS, WE RESPECTFULLY REQUEST CLARIFICATION ON THESE MATTERS PRIOR TO APPROVAL OF THE SPECIAL USE PERMIT TO ENSURE FOR SAFETY, ACCESSIBILITY, AND STABILITY OF OUR COMMUNITY. THIS IS A VERY QUIET COMMUNITY. UM, MOST OF THE NEIGHBORS KNOW EVERYONE. I'VE NOT HAD THE PLEASURE OF MEETING THIS COUPLE THAT ARE MOVING IN HERE. WE'VE SEEN THEM IN AND OUT. THEY'VE COME IN AND THEY'VE STAYED IN, I DON'T KNOW IF THIS IS THE SAME COUPLE, BUT DURING THE TIME OF THE CLEAN OUT OF THIS PROPERTY, WHICH LOOKS VERY NICE. UM, THEY'VE STAYED IN THE CANBERRA FOR, UM, PERIODS OF TIME AND YOU HAD ASKED ABOUT THE SURVEY OF THE PROPERTY, MS. MILLBURN, AND IT'S A LONG PROPERTY. IT'S NOT A WIDE PROPERTY, IT IS A LONG PROPERTY, SO IT'S A LITTLE CONFUSING WHEN YOU SAY 1.1 ACRES, BUT I BELIEVE THE SURVEY IS CORRECT BECAUSE IT GOES LONG WAYS NOT OUTWEIGHS. SO IT, IT'S, IT'S A LITTLE, UNLESS YOU SEE THE PROPERTY ITSELF, IT'S A LITTLE HARD SOMETIMES TO VISUALIZE. OKAY. UM, BEING A PROPERTY OWNER, DO YOU HAVE ANY QUESTIONS? NO. AND, UH, WE, AFTER WE HAVE ONE MORE, UH, ON THE, UH, PUBLIC HEARING AND THEN WE'LL GIVE THE OWNERS AND SEND YOU THE CHANCE TO RESPOND TO, OKAY? ALRIGHT. THANK YOU VERY MUCH. THANK YOU. UH, HARVEY? YES. OH, NICE DAMN THING. KEEP JUMPING UP AT ME. MY NAME IS HARVEY. YOU, YOU, I DID THIS ONE. WE'LL GO, LET'S DO ONE. LET'S DO IT AGAIN, HARVEY. OKAY. HARVEY PAYNE, RESIDING AT 7 4 2 4 HARVEY PAN. OKAY. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH ON ALL MATTERS BEFORE US? YES, SIR. PRAY. OKAY. WHAT WOULD YOU LIKE TO SHARE WITH US? UH, RESIDING AT 7 4 2 4 WHILE MILL POND ROAD. UH, I BOUGHT THE HOME IN 83. IT WAS BUILT IN IN 73. AND, UH, WE'VE, WE LOVED THE COMMUNITY AND, AND CONGRATULATIONS. I HOPE YOU DO WELL WITH YOUR PROPERTY. THAT'S GOOD. BUT WE, UM, WE'RE CONCERNED ABOUT SOME THINGS AND, AND ONE OF THE MAIN THINGS, AND THAT'S ONE OF THE THINGS THAT I PON I'M RESPONSIBLE FOR IS THAT YOU ROAD MAINTENANCE. UH, ONE OF THE, ONE OF THE TIMES THAT I DID GO TO A LENDING INSTITUTION, UH, FOR SHORE, FEDERAL, IN FACT, THEY WOULD NOT GIVE ME A LOAN BECAUSE IT WAS ON A GRAVEL ROAD. AND I SAID, WELL, I'M THE ONE THAT TAKES CARE OF THE ROAD. YOU KNOW, IT'S NOT A PROBLEM. OKAY. SO I'VE GOT, UH, I GOT SOME DOCUMENTS HERE THAT I'VE, UH, UM, BEEN, I MADE IT HANDED OUT TO THE NEW PEOPLE THAT COME TO THE COMMUNITY. THERE YOU GO, SIR. UM, I'VE GOT MY DAD, I'VE GOT MY DADDY'S OLD WEED IN, AND, UH, I, I KEEP THAT IN AS BEST SHAPES I CAN. THE, UM, WEATHER THOUGH HAS BEEN WREAKING HAVOC ON THIS, THIS YEAR. PROTECTED. AND, UH, BUT, UH, I, I WISH THAT WE COULD HAVE THIS COMMUNITY THAT IT'S A VERY STEEP SHORE. I DON'T KNOW HOW WE'RE GOING TO PUT THE HOME ON THERE, BUT, UH, BUT I, I, I SUPPORT IT TO, AND IT'S NOT, I GUESS YOU SAID 1.1 ACRE. I STILL DON'T SEE, I DON'T SEE 1.1 ACRES THERE. UH, BUT I THANK YOU. I NOTHING ELSE I HAVE TO SAY. OKAY. WELL, THANK YOU SO MUCH. YES, INDEED. THANK YOU. OKAY. SO, UH, DID, DID YOU, OR DID, DID, DID YOU GET A, A COPY OF THE I HAVE NOT SEEN THAT. I HAVE A COFFEE. SHE HAVE ANYTHING? OKAY. SO IF YOU, I THINK, UM, I CAN CLEAR UP MOST OF THE THINGS IN THIS COPY THAT SHE SPOKE OF BY SAYING SHE IS, SHE IS ACCURATE IN THE FACT THAT BARICA HOMES DOES DO MODULAR HOMES, BUT IN ADDITION TO DOING MODULAR HOMES, WE DO STICK-BUILT HOMES. AND THIS HOME WAS DENIED AS A MODULAR BUILD BECAUSE OF TRANSPORTATION LINES AND ACCESS TO THE PROPERTY. SO IT WAS SUBMITTED FOR PERMIT FOR IT TO BE A STICK-BUILT HOME. AND, UM, SO YOUR CONCERNS ABOUT THE CRANE AND, UM, THINGS THAT YOU ARE WORRIED ABOUT REALLY DON'T COME INTO PLAY. UM, OUR SUBCONTRACTORS WILL [01:30:01] BE, UM, CONFINED TO THE PROPERTY THAT WE'RE WORKING ON. WE'RE PREPARED TO ABIDE BY ALL THE, UM, CODES THAT ARE LAID WITHIN US. SO I, WITH ALL DUE RESPECT, I THINK THAT SHOULD ALLEVIATE MOST OF THEIR ISSUES. OKAY. THANK YOU. SO IT'LL, THEY'LL, THEY'LL BUILD IT COMPLETELY ON SITE. YES. OKAY. THANK YOU. OKAY. I DON'T HAVE ANYTHING TO ADD. YOU GOT QUESTIONS, GRACE? NO. OKAY. YOU'VE GOT ONE. OKAY. WE HAVE A REC HAVE A MOTION RECOMMENDATION. DID, DID YOU WANT JUST NO, SIR, IT'S NOT NECESSARY. I JUST, OKAY. THANK YOU. OKAY. CRAZY. I MOVE THAT AKIMA COUNTY BOARD OF ZONING APPEALS APPROVE USE 0 0 0 1 7 DASH 2 26, A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 4 0 3 7 TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELL IN THE GENERAL BUSINESS DISTRICT FOR TAX PARCEL 28 D DASH TWO DASH ONE WITH THE SIX CONDITIONS RECOMMENDED BY STAFF. DO WE HAVE A SECOND? SECOND, UH, WE HAVE A MOTION, UH, THAT'S BEEN RECOMMENDED. AND SECOND. ALL IN FAVOR? AYE. AYE. ALL OPPOSED? NA, IT'S BEEN APPROVED. OKAY. IF, IF YOU DON'T WANT TO, YEAH, I'LL GIVE YOU THE OPTION. YOU DON'T WANNA STICK AROUND? YOU CAN, YOU CAN PEEL, YOU CAN PEEL ON OUT. OKAY. OKAY. GIVE, GIVE THE PEOPLE A MINUTE OR SO TO FILE OUT. OKAY. OKAY. SO NEXT UP WE HAVE, UH, JONATHAN MUD. THIS IS, UH, SUSE 0 0 0 0 2 1 20 26. AND THIS IS ALSO A DWELLING IN THE GENERAL BUSINESS DISTRICT. UH, APPLICANT IS JONATHAN MUDD. THE PROPERTY OWNERS ARE JONATHAN MUDD AND NOREEN MUD. AND THIS IS LOCATED AT 2 1 3 3 8 TAYLOR ROAD AND TAX MAP NUMBER 94 DASH A ONE. UH, DISTRICT SEVEN, UH, ACREAGE IS, UH, NOT 0.946 ACRES, UH, ZONE GENERAL BUSINESS. UH, FUTURE LAND USE RECOMMENDATION IS VILLAGE DEVELOPMENT AREA. UH, THE CURRENT AND PROPOSED USE, UH, COMMERCIAL AND RESIDENTIAL ADJACENT ZONINGS ARE GENERAL BUSINESS AND ADJACENT USES ARE RESIDENTIAL AND COMMERCIAL. THERE WE GO. SO THIS IS THE SITE ZONE, GENERAL BUSINESS. FUTURE LAND USE IS A VILLAGE DEVELOPMENT AREA, UH, NOT IN A, NOT IN THE RPA AND NOT IN A FLOOD ZONE. THESE ARE SOME PICTURES OF THE SITE. THIS IS, UH, TAYLOR ROAD GOING BACK TOWARDS THREE 16. THIS IS TAYLOR ROAD GOING TOWARDS, UH, FAIRGROUNDS ROAD, LIKE YOU'RE GOING TO AN C**K. UM, AND THESE ARE, UH, SOME PICTURES OF THE SITE. UM, THIS IS THE APPROXIMATE LOCATION OF WHERE THE DWELLING'S GOING TO GO. AND THIS IS APPROXIMATELY FROM WHERE THAT IS BACK TOWARDS TAYLOR ROAD. THIS IS THE, UH, SITE PLAN AGAIN, YOU SEE, UH, THE DWELLING HERE. UH, ZONING ORDINANCE CONSIDERATIONS SECTION 1 0 6 4 0 3 7 PROVIDES THE USE BY SPECIAL USE PERMIT. THIS IS A RESIDENTIAL USES INCLUDING SINGLE FAMILY DWELLINGS, NOT AS AN ACCESSORY TO AN APPROVED USE. UH, CONSIDERATIONS FOR SPECIAL USE PERMITS, NUMBER ONE, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD. THE ANSWER THERE IS NO ADVERSE IMPACT IS ANTICIPATED. THE SURROUNDING AREA IS A MIX OF COMMERCIAL AND RESIDENTIAL PROPERTIES. UH, NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES, UH, NO ADVERSE IMPACT WILL RESULT ELECTRIC SERVICES AVAILABLE ALONG TAYLOR ROAD. UH, NUMBER THREE, WHETHER THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY. UH, THE ANSWER IS THIS, 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, THE ANSWER IS NO. THE PROPERTY IS NOT LOCATED NEAR [01:35:01] ANY OF THESE AREAS. NUMBER FIVE. WHETHER PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS. THE ANSWER IS, UH, NO ADVERSE IMPACT IS ANTICIPATED THAT DWELLING WILL OTHERWISE MEET THE REGULATIONS OF THE ZONING ORDINANCE. UH, NUMBER SIX, WHETHER THE PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE. UH, THIS USE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE. NUMBER SEVEN, WHETHER THE PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES, AND REGULATIONS. ANSWER IS YES. DWELLINGS SUCH AS THESE ARE ALLOWED BY SPECIAL USE PERMIT AND THERE ARE OTHER RESIDENTIAL STRUCTURES IN THE AREA. UH, NUMBER EIGHT. WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE, THE ANSWER IS NO. THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE. UM, UTILITIES, ELECTRIC SERVICES AVAILABLE ON TAYLOR ROAD. THE SITE HAS EXISTING WELL AND SEPTIC. UH, TAYLOR ROAD IS A VDOT MAINTAINED SECONDARY ROADWAY. IT IS IN AVERAGE CONDITION. UM, PUBLIC COMMENTS, NOTICES WERE PROVIDED TO THE NEWSPAPER AND ADJACENT PROPERTY OWNERS PER STATE LAW. AS A PREPARATION OF THIS REPORT, NO PUBLIC COMMENTS HAVE BEEN RECEIVED. AND THEN WE GO TO FINDINGS. THE APPLICANT WISHES TO CONSTRUCT A DWELLING ON THE PROPERTY. UH, DUE TO THE PROPERTY BEING ZONE GENERAL BUSINESS, A SPECIAL USE PERMIT IS REQUIRED. UH, NO DETRIMENTAL EFFECTS TO THE SURROUNDING AREA ARE ANTICIPATED. AND THE FULL SCOPE OF THE PROJECT INCLUDES THE USE OF AN RV FOR TEMPORARY HABITATION WHILE THE HOMELESS CONSTRUCTORS. IT IS CASE SUSE 24 20 26 THAT WE WILL GET TO NEXT. STAFF RECOMMENDATIONS. STAFF RECOMMENDS APPROVAL OF THE SPECIAL USE PERMIT ON THE BASIS OF OTHER RESIDENTIAL STRUCTURES ALSO BEING IN THE AREA. UH, SHOULD THE BCA APPROVE THE SPECIAL USE PERMIT STAFF RECOMMENDS THE FOLLOWING CONDITIONS AND THERE ARE SEVEN OF THEM. THE APPLICANT SHALL APPLY FOR A BUILDING PERMIT WITH THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT. UH, NUMBER TWO, THE BUILDING APPLICATION SHALL BE CONSISTENT WITH THIS APPLICATION. UH, NUMBER THREE, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VDOT AND HEALTH DEPARTMENT REGULATIONS. NUMBER FOUR, THE SPECIAL USE PERMIT SHALL EXPIRE TWO YEARS AFTER THE DATE OF ISSUANCE. NUMBER FIVE, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES. UH, NUMBER SIX, THE APPLICANT SHALL ALLOW THE COUNTY TO INSPECT THE SITE AT ANY TIME WHILE THE SPECIAL USE PERMIT IS ACTIVE. AND NUMBER SEVEN, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID. THAT IS THE MOTION I CAN ANSWER ANY QUESTIONS. YOU HAVE ALSO, MR. MUDS HERE IF YOU HAVE ANY QUESTIONS FOR HIM. ARE THERE ANY QUESTIONS FOR, FOR GIN ON THIS? DID THE APPLICANT WISH TO SPEAK? IT'S, IT'S UP TO YOU. YOU DON'T HAVE TO. YOUR NAME. UH, JONATHAN MUD. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES, I DO. OKAY. WHAT WOULD YOU LIKE TO SHARE WITH US? UH, YEAH. MY NAME IS JONATHAN MUD. I'VE BEEN ON EASTERN SHO SINCE 2001. I BUILD CUSTOM HOMES AND DO MARINE CONSTRUCTION AS WELL. MAINLY MARINE, MARINE CONSTRUCTION. NOW WE'VE ALREADY CONSTRUCTED THE BUILDING, WHICH WAS PART OF THE CONDITIONS. THE BUILDING HAD TO BE PUT UP FIRST BEFORE I COULD APPLY FOR THE SPECIAL NEEDS PERMIT TO PUT A HOME THERE, WHICH WILL BE OCCUPIED BY MY WIFE AND I, WHICH WILL BE WHERE I DIE IF IT'S PERMITTED . 'CAUSE THIS IS THE LAST STAND FOR ME. AND, UM, WE KEEP THE PLACE NICE. UH, ACTUALLY A FEW OF MY NEIGHBORS WERE HERE THIS MORNING, BUT THEY DIDN'T REALIZE IT WAS GONNA TAKE SO LONG. SO THEY LEFT, BUT THEY WERE IN FAVOR FOR IT. AND WE CONTRIBUTE TO THE COMMUNITY. WE EMPLOY SIX MEN FROM THE COMMUNITY AND MY SON'S PARTNERS WITH ME. AND I HAVE TWO DAUGHTERS. SO THIS IS ALL GONNA BE THEIRS AT SOME POINT. AND WE LOVE ON HANCOCK AND I'M CONSTANTLY IN TOUCH WITH THESE GUYS 'CAUSE I'M ALWAYS GETTING PERMITS FOR WETLANDS AND ALL THIS AND THAT. SO JUST, UH, THAT'S IT. JUST, JUST LOOKING TO START BREAK GROUND. ANY, ANY QUESTIONS FOR MR. MINE? THANK YOU, SIR. THANK YOU. IF THERE ARE NO FURTHER QUESTIONS, ARE WE READY TO MAKE A RECOMMENDATION? A MOTION? I'D LIKE TO ADD ONE OTHER THING. I DON'T KNOW IF IT'S BROWN. WE, AT THIS POINT, UM, I, I AM ALSO, UM, GOING TO, IF HE COULD PULL THAT BACK UP AGAIN. IT SHOWS THE ONE LOT. I PULL BOTH THOSE LOTS, SEE THE OTHER ONE ON THE BACKSIDE TOWARDS THE FOOD BANK MORE WAY. SO THAT'S MINE AS WELL. I'M IN THE PROCESS RIGHT NOW. MY SURVEYOR CRAIG IS WORKING ON, I'M GONNA JOIN THE TEAL AND MAKE IT ONE LOT. OKAY. OKAY. SO I'M NOT SO TIGHT THERE, SO TO LET YOU KNOW. SO I'M, I'M GONNA APPLY. OKAY. THANK YOU. WILL YOU PUT THE MOTION BACK UP FOR US PLEASE? THANK YOU. [01:40:02] I'M LOUIS AKKERMAN COUNTY BOARD OF UN APPEALS APPROVED SUSE 0 0 0 0 21 DASH 2026. SPECIAL USE PERMIT PURSUANT, PURSUANT TO OMA COUNTY CODE SECTION 1 0 6 DASH 4 0 3 7 TO ALLOW FOR CONSTRUCTION OF A SINGLE FAMILY DWELLING ON TAX PARCEL. 94 DASH A DASH ONE WITH THE SEVEN CONDITIONS RECOMMENDED BY STAFF. WE GOT A MOTION. DO WE HAVE A SECOND? SECOND. IT'S BEEN PROPERLY MOVED IN SECOND. ALL IN FAVOR? AYE. AYE. IT'S BEEN APPROVED. UNANIM. THANK YOU ALL SO VERY MUCH. I THINK WE HAVE ANOTHER ONE. ONE MORE. SO THIS IS AGAIN, JONATHAN MUD. THIS IS, UH, SUSE 0 0 0 0 2 4 20 26. THIS IS TEMPORARY HABITATION OF AN RV WHILE HE CONSTRUCTS THE DWELLING THAT WE WERE TALKING ABOUT PREVIOUSLY. AGAIN, JONATHAN MUD IS THE APPLICANT AND THE OWNER WITH NOREEN MUD. THIS IS, UH, 2 1 3 3 8 TAYLOR ROAD AT TAX MAP NUMBER 94 DASH A DASH ONE ELECTION DISTRICT SEVEN, UH, 0.946 ACRES ZONE GENERAL BUSINESS, UH, FUTURE LAND USE. RECOMMENDATIONS VILLAGE DEVELOPMENT AREA. CURRENT PROPOSED USES IS A COMMERCIAL AND THE PROPOSED IS A RESIDENTIAL SLASH COMMERCIAL. ADJACENT ZONING IS GENERAL BUSINESS AND ADJACENT USES ARE COMMERCIAL AND RESIDENTIAL IN NATURE. AGAIN, THAT'S THE SITE ZONE. GENERAL BUSINESS, UH, VILLAGE DEVELOPMENT AREA IS THE FUTURE LAND USE, EXCUSE ME. UH, NOT IN A FLOOD ZONE, NOT IN THE RPA. AND AGAIN, SAME PHOTOS AS BEFORE. UM, THE DIFFERENCE IS THE RV IS THERE AND, UH, THIS IS THE SITE AND YOU CAN SEE THE LOCATION OF THE TRAVEL TRAILER THERE. OKAY, SO ZONING ORDINANCE CONSIDERATIONS AGAIN, 1 0 6 4 0 3 7 PROVIDES THE USE BY SPECIAL USE PERMIT. AND THIS WOULD BE, UH, RESIDENTIAL USES INCLUDING SINGLE FAMILY DWELLINGS, NOT AS AN ACCESSORY TO AN APPROVED USE. UH, SO CONSIDERATIONS FOR SPECIAL USE PERMITS. UH, NUMBER ONE, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD. THE ANSWER THERE IS, UH, GENERALLY TRAVEL TRAILERS FOR APPLICATION ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING AREA. THE AREA IS COMPRISED OF MANY DIFFERENT TYPES OF RESIDENTIAL DWELLINGS AND ADDING A TRAVEL TRAILER IMPACTS THE CHARACTER OF THE NEIGHBORHOOD. HOWEVER, THE TEMPORARY PLACEMENT OF THE TRAVEL TRAILER, WHILE THE HOME IS CONSTRUCTED, WILL NOT HAVE LONG-TERM IMPACTS OF THE SURROUNDING NEIGHBORHOOD. UH, NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES. THE ANSWER IS THAT NO ADVERSE IMPACT WILL RESULT. ELECTRIC SERVICE IS AVAILABLE ALONG TAYLOR ROAD. 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. I WILL ADD THAT BECAUSE IT IS TEMPORARY IN NATURE OF THE EFFECTS WILL BE TEMPORARY. UH, NUMBER FOUR. WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS. UH, NO, THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS. NUMBER FIVE. WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS. UH, RESPONSE. THE USE OF A TRAVEL TRAILER FOR HABITATION IN ONE LOCATION IMPACTS THE VALUE OF ADJOINING A NEARBY PROPERTY OWNERS. AND AGAIN, THE TEMPORARY NATURE OF THIS REQUEST WOULD LESSEN THE IM THE IMPACT. 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 THERE IS, UH, NO TRAVEL TRAILERS ARE NOT DESIGNED FOR USE IN ONE LOCATION CONTINUOUSLY. UH, THE BZA HAS GRANTED SPECIAL USE PERMITS FOR THIS TYPE OF USE OF PREVIOUS MEETINGS. UH, NO LOCAL LAWS, ORDINANCES, OR REGULATIONS ARE AFFECTED. AND NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE. AND THE ANSWER THERE IS NO, THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE. UH, UTILITIES, ELECTRIC SERVICES AVAILABLE ON TAYLOR ROAD. THE SITE HAS EXISTING WELLING SEPTIC. UH, TAYLOR ROAD IS A VDOT MAINTAINED SECONDARY ROADWAY AND IT IS AN AVERAGE CONDITION. UH, THEN PUBLIC COMMENT NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW. AS A PREPARATION OF THIS REPORT, NO PUBLIC COMMENTS HAVE BEEN RECEIVED. UH, FINDINGS, THE APPLICANT WISHES TO LIVE AT AN RV WHILE A DWELLING IS BEING CONSTRUCTED. UH, DUE TO THE PROPERTY BEING ZONED GENERAL BUSINESS, A SPECIAL USE PERMIT IS REQUIRED. UH, NO DETRIMENTAL EFFECTS TO THE SURROUNDING AREA ARE ANTICIPATED DUE TO THE TEMPORARY NATURE OF THE RV. AND THE FULL SCOPE OF THE PROJECT INCLUDES CONSTRUCTION OF A SINGLE FAMILY DWELLING. AND THAT IS CASE NUMBER, UH, 0 0 0 0 2 1 20 26 THAT WE HAD [01:45:01] JUST DEALT WITH. STAFF RECOMMENDS, EXCUSE ME. STAFF RECOMMENDS THE APPROVAL OF SUSE 0 0 0 0 2 4 20 26 DUE TO THE TEMPORARY NATURE OF THE RV WHILE THE HOME IS, UH, BEING CONSTRUCTED. SHOULD THE BCA APPROVE THE SPECIAL USE PERMIT, THE STAFF RECOMMENDS THE FOLLOWING CONDITIONS. THERE ARE NINE OF THEM. UH, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT. NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION PLOT PLAN AS SUBMITTED. UH, NUMBER THREE, THE SPECIAL USE PERMIT SHALL BECOME NULL AND VOID. SHOULD THE PROPERTY BE SOLD OR TRANSFERRED. UH, THE APPROVAL IS FOR ONE UNIT AND IS ONLY FOR THE APPLICANT ORDERS FAMILY. UH, NUMBER FIVE, 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. THAT WOULD BE WHICHEVER COMES FIRST. MM-HMM . UH, NUMBER SIX. THE APPROVAL DOES NOT INCLUDE SHORT-TERM RENTAL TO THE SITE. UH, NUMBER SEVEN, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE TRAVEL TRAILER'S 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 NULL AND VOID. THAT IS THE MOTION I CAN ANSWER ANY QUESTIONS THAT YOU HAVE. MR. BUDS HERE TOO. I HAVE A QUESTION FOR MR. MUD. SURE. . JUST SO WE GOT IT. SURE. HOW LONG DO YOU THINK IT WOULD TAKE TO FINISH YOUR HOUSE YESTERDAY, AND THE CERTIFICATE? UH, UM, I DO, UH, I DON'T KNOW IF YOU, I'M SURE YOU GUYS ARE FAMILIAR WITH BCO CONSTRUCTION. ERIC OLSON? MM-HMM . OKAY. HE, HE, I DO ALL HIS WORK. HIS MARINE CONSTRUCTION WORK ON ALL THE HOUSES HE BUILDS. I'M USING ALL OF HIS SUBS. AS SOON AS THE BUILDING APARTMENT GIVES ME A PERMIT TO START BUILDING THE HOUSE, I FIGURE WITHIN THREE OR FOUR MONTHS MY HOUSE IS GONNA BE DONE AND I'M GONNA BE GIVING THE CAMPER AWAY FREE, WHICH I BOUGHT BRAND NEW IN 2015. 'CAUSE IF I NEVER SEE ANOTHER CAMPER AGAIN, AS LONG AS I LIVE, I'LL BE HAPPY. SO A YEAR, WEEK, OH NO. HECK NO. FOUR MONTHS, FIVE MONTHS. MOST HAVE YOU CONSIDERED WEATHER AS PART OF YOUR I'M NOT TIMELINE. THAT'S NOT GONNA STOP ME. OKAY, , THANK YOU. IF THERE ARE NO FURTHER QUESTIONS, ARE WE READY FOR, TO MAKE A MOTION, I MOVE THAT MACK COUNTY BOARD OF ZONING APPEALS APPROVED SUSE 0 0 0 2 4 DASH 2026, A SPECIAL USE PERMIT PURSUANT TO ACK COUNTY CODE SECTION 1 0 6 DASH 4 0 37 TO ALLOW FOR TEMPORARY HABITATION OF AN RRB ON TAX PARCEL 94 DASH A DASH ONE WITH THE NINE CONDITIONS RECOMMENDED BY STAFF. BUT I ALSO WANT TO PUT A TIMELINE ON THE TEMPORARY APPROVAL. IS THAT, THAT SOMETHING WE DEAL, SO WE DEAL WITH SPECIAL USE PERMIT SHALL EXPIRE EITHER ONE YEAR FROM THE DATE OF ISSUANCE OR ISSUANCE OF THE CERTIFICATE OF ANCE. OKAY. YEAH. OKAY. WE'VE GOT A SECOND. IT'S BEEN SECONDED. ALL IN FAVOR? A A IT'S BEEN APPROVED. THANK YOU. I APPRECIATE Y'ALL. YES. THANK YOU. THANK YOU SO MUCH MR. CHAIRMAN. HAPPY? YES. THANK YOU GUYS FOR ALL YOUR HELP. PAUL. I NEED TO EXCUSE MYSELF. THANK BUDDY. I APPRECIATE TOO. WE'LL BE IN TOUCH RESPONSIBILITIES AND I'LL SEE YOU ALL IN THE NEXT MEETING. THANK YOU SO MUCH. AND WE UNDERSTAND THAT SHE HAD A PREVIOUS ENGAGEMENT AT, SHE HAS TO BE GONE BY 12. OKAY. SO JUST AS I, I KNOW WE ALL KNOW THIS, BUT NOW THAT WE HAVE FOUR STILL, DOES THREE HAVE TO SAY YES? YES. MM-HMM . THAT'S BEEN THE CASE ALL DAY, BUT WE HAD FIVE. YEAH. OKAY. I TRIED. I KNOW. OKAY. IT'S NEW. OKAY. OKAY. SO NOW WE HAVE, UH, TRACY DETO. THIS IS, UH, SUSE 0 0 0 0 1 6 20 26. AND THIS IS FOR AN ACCESSORY DWELLING. UH, THE APPLICANT IS, UH, TRACY DETO. UH, THE LOCATION IS, UH, 1 2 0 3 8 ATLANTIC ROAD IN TAX MAP NUMBER 94 DASH A, OR EXCUSE ME, 42 DASH A DASH 58 C. IT'S ELECTION DISTRICT TWO. UM, IT'S APPROXIMATELY 30 ACRES ZONED AGRICULTURAL. UH, THE CURRENT USE, THERE IS A SINGLE FAMILY DWELLING ALREADY ON THE PROPERTY. UM, ADJACENT ZONINGS ARE AGRICULTURAL AND ADJACENT USES ARE AGRICULTURAL AND RESIDENTIAL. UM, SUCH AS SINGLE FAMILY DWELLINGS. THIS IS THE SITE. UM, FOR REFERENCE, THE DWELLING IS GOING TO GO APPROXIMATELY WHERE MY MARKER IS, [01:50:02] UH, UH, ZONED. UH, AGRICULTURAL, UH, FUTURE LAND USE IS ALSO AGRICULTURAL, NOT IN A FLOOD ZONE. THERE IS RPA POTENTIALLY ON THE PROPERTY, BUT NOT WHERE THE SITE IS. SITE'S GONNA BE UP HERE. OKAY. SO, UH, SOME PICTURES. UM, THIS IS WHOOP THIS, UH, THESE TWO PICTURES AT THE BOTTOM. THESE ARE ATLANTIC ROAD. THIS IS ATLANTIC ROAD GOING, UH, SOUTH. THIS IS ATLANTIC ROAD GOING NORTH. UM, TOP LEFT IS THE APPROXIMATE LOCATION OF THE ACCESSORY DWELLING. AND, UH, THIS IS THE ENTRANCE TO THE, TO THE SITE. UM, THIS IS FROM ATLANTIC ROAD. IT'S A DECENT DRIVEWAY GETTING BACK TO HER PROPERTY. UM, THIS IS THE SITE PLAN THAT WAS SUBMITTED. AND SO I KNOW IT'S HARD TO SEE, BUT THE DWELLING IS RIGHT THERE. UM, AS, AS SOME INFORMATION, IT WILL MEET THE ZONING REQUIREMENTS. SO A VARIANCE IS NOT REQUIRED. SO THEY ARE, THEY MEET THE 140 FEET AND ALL THAT OTHER STUFF. UM, AND THIS IS, UH, SOME, UH, PICTURES OF THE DWELLING THAT'S PROPOSED. OKAY, SO NOW WE GO TO ZONING. ORDINANCE CONSIDERATIONS, UH, 1 0 6 53 22 PROVIDES THE USE BY SPECIAL USE PERMIT AS 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 RECORDED IN 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, CONSIDERATIONS FOR SPECIAL USE PERMITS, NUMBER ONE, WHERE THE PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD. THE ANSWER IS NO. THE PROPERTY IS ZONE AGRICULTURAL DWELLING SUCH AS THIS WOULD BE ALLOWED BY WRIGHT IN THE AGRICULTURAL DISTRICT. IT IS THE SECOND DWELLING, WHICH IS THE REASON A SPECIAL USE PERMIT IS REQUIRED. THE PARCEL IS LARGE, APPROXIMATELY 30 ACRES. UH, NUMBER TWO, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES, NO ADVERSE IMPACT IS ANTICIPATED. ELECTRIC SERVICE IS AVAILABLE ON ATLANTIC ROAD. UH, NUMBER THREE, WHETHER THE PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY. UH, NO DETRIMENTAL EFFECTS TO THE COMMUNITY ARE ANTICIPATED. UH, NUMBER FOUR, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS, UH, NO ADVERSE IMPACT IS ANTICIPATED. THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS. NUMBER FIVE, WHETHER A PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS. UH, NO ADVERSE IMPACT IS ANTICIPATED. UH, THE DWELLING WILL OTHERWISE MEET THE SETBACK REQUIREMENTS FOR DWELLINGS IN THE AGRICULTURAL DISTRICT AND WILL ALSO MEET THE 140 FOOT MINIMUM SEPARATION DISTANCE AND AG. 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 THERE IS YES. THIS USE IS ALLOWED BY SPECIAL USE PERMIT. UH, NUMBER EIGHT. WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE. UH, NO. THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE. COMPREHENSIVE PLAN CONSIDERATIONS. THE COMPREHENSIVE PLAN STATES THAT DWELLING DENSITY SHOULD BE ONE DWELLING PER FIVE ACRES OF LAND. THIS PARCEL IS APPROXIMATELY 30 ACRES, WHICH WOULD GIVE YOU, UH, TWO DWELLINGS PER 30 ACRES. UH, UTILITIES ELECTRIC SERVICE IS AVAILABLE ON ATLANTIC ROAD. A WELL AND SEPTIC SYSTEM ARE A PART OF THIS APPLICATION. UM, ATLANTIC ROAD IS A VDOT MAINTAINED SECONDARY HIGHWAY. IT IS AN AVERAGE CONDITION, UM, ENVIRONMENTAL. WHILE THERE IS RPA ON THE PARCEL, THE LOCATION OF THE DWELLING WILL NOT BE IN THE RPA. UH, AND PUBLIC COMMENT, UH, NOTICES WERE PROVIDED IN THE NEWSPAPER AND APOS LETTERS WERE ISSUED PER STATE LAW. UH, ONE PUBLIC COMMENT IN FAVOR WAS RECEIVED. UH, STAFF FINDINGS. THE APPLICANT REQUESTS A SPECIAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF AN ACCESSORY DWELLING. UH, THE PLACEMENT OF THE DWELLING IS SUCH THAT IT WILL MEET THE SETBACK REQUIREMENTS FOR AGRICULTURAL ZONING. UH, BLDR 0 0 16 70 20 25 WAS APPLIED FOR AN ORDER TO CONSTRUCT THE ACCESSORY DWELLING AND NO DETRIMENTAL EFFECTS TO THE SURROUNDING AREA ARE ANTICIPATED. UM, THE FULL SCOPE OF THIS PROJECT ALSO INCLUDES TEMPORARY HABITATION OF AN RV WHILE THIS IS BEING CONSTRUCTED. SO THAT WILL BE THE NEXT CASE THAT WE HAVE. [01:55:01] UH, STAFF RECOMMENDATIONS. STAFF RECOMMENDS APPROVAL OF THE SPECIAL USE PERMIT DUE TO THE SIZE OF THE PARCEL THAT THE ACCESSORY DWELLING WILL BE PLACED ON. SHOULD THE BZA APPROVE THE SPECIAL USE PERMIT STAFF RECOMMENDS THE FOLLOWING CONDITIONS. UH, THERE ARE SIX OF THEM. THE APPLICANT SHALL COMPLY WITH ALL OF THE RELEVANT COUNTY, UH, DEPARTMENT OF HEALTH AND VDOT REGULATIONS. UH, SHORT-TERM RENTAL OF THE SITE IS PROHIBITED. THE SPECIAL USE PERMIT SHALL EXPIRE TWO YEARS AFTER THE DATE OF ISSUANCE. UH, NUMBER FOUR, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE SPECIAL USE PERMIT IS ACTIVE. NUMBER FIVE, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE SITE PLAN AND NARRATIVE AS SUBMITTED. AND NUMBER SIX, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID. THAT IS THE MOTION. DOES ANYONE HAVE ANY QUESTIONS FOR CINDY? WE'RE QUESTION THE ARIEL. WHAT'S, WHERE, WHAT'S THE PRIMARY STRUCTURE? LOCATION? SO IF WE COULD, I I THINK MY HAND UP KIND OF SHOWS EVERYTHING LIKE A, B AND C. HE, HE'S, HE'S GOT JUST AN AERIAL THERE. SO YOU SEE THIS, UH, THIS ONE, TWO, CAN YOU GO GO TO THE A TO THE AERIAL? THE, THE GIS IMAGE. THERE YOU GO. YEAH. SO IT'S UH, THIS IS THE FIRST HOUSE RIGHT HERE. 1, 2, 0 4 6. THAT'S WHAT I THOUGHT I WAS, IT WAS COVERED BY THE LETTER. AND THE ACCESS ROAD IS INDICATED THROUGH THE WOODS THERE. CORRECT. SO THE ACCESS ROAD IS HERE? YEAH. OKAY, GOT IT. OKAY. YES. GIN. UH, FOR THE RECORD, IT'S A SIEBEL. UM, I SEE JIM LADERMAN DID, DID THE SURVEY. HE DID A LOT OF WORK FOR US. HE WAS VERY GOOD. AND WHEN HE WRITES VARIABLE WITH INGRESS, EGRESS EASEMENT MM-HMM . 25 FOOT, THAT MEANS THAT WAS AN AGRICULTURAL EASEMENT. IS THAT A LEGAL EASEMENT? BECAUSE I DON'T THINK YOU CAN GET POWER. THOSE ARE AG EASEMENTS. NOT A REGULAR EASEMENT. WELL, THE EASEMENT IS TO THE PARCEL THAT WE'RE ALL ON THE SAME PARCEL. SO THAT'S JUST LIKE A DRIVEWAY TO ANOTHER BUILDING. IT'S NOT AN EASEMENT. NOBODY'S USING THAT AS AN EASEMENT. IT'S A DRIVEWAY. YOU HAVE TO THINK OF IT THAT WAY. 'CAUSE MY EX-HUSBAND OWNS THAT HOUSE AND THEN I'M BUILDING THERE. YOU YOU HAVEN'T BEEN SWORN IN YET. SORRY. OKAY. SO, SO WE, WE UH, AS FAR AS, AS FAR AS THE COUNTY'S CONCERNED, IT IS, IT IS AN EASEMENT THAT SHE CAN USE FOR THE DWELLING AS FAR AS, AS FAR AS FOR OUR PURPOSES. OKAY. AND 25 FOOT'S ENOUGH TO GET ELECTRICITY BACK THERE? WELL, I MEAN, WELL IT IS. OKAY. I'M GONNA GIVE YOU A CHANCE IN A MINUTE I'LL ANSWER ONCE WE'RE DONE. ASK QUESTION. YOU'LL HAVE AN OPPORTUNITY. I'LL ASK WITH HOW WE DEAL WITH, LET'S SAY IT'S A FAMILY SUBDIVISION. RIGHT. AND IT WAS UNDER A CERTAIN AMOUNT OF ACREAGE, FAMILY SUBDIVISIONS. IT ONLY HAS TO BE 16 TO 20 FEET. OKAY. SO BECAUSE IT'S 25 FEET, IT'S MORE THAN WHAT WE WOULD ALLOW IN A FAMILY SUBDIVISION SITUATION. OKAY. I KNOW THE STATE DID SOME CONVERSION OF AG EASEMENTS, WIDTHS AND STUFF A FEW YEARS AGO, SO. OKAY. THANK YOU. ARE THERE ANY OTHER QUESTIONS FOR SYNGEN? IF NOT, WE'LL HEAR FROM APPLICANT. I'M SORRY. I APOLOGIZE. I'M JUST VERY PASSIONATE. I'LL WAIT. ACTUALLY, LET ME WAIT TILL WE DONE. COME ON THE OTHER ONE AND THEN WE'LL I CAN DO IT ALL TOGETHER. WE, WE, BECAUSE THEY'RE SEPARATE CASES, WE HAVE TO DO THEM SEPARATE ALL. SO I HAVE SOME INFORMATION FOR YOU ALL. CAN YOU GIVE YOUR NAME FIRST? MY NAME IS TRACY DETO AND I SWEAR TO TELL THE WHOLE TRUTH. CAN I, CAN I GIVE THE SPI FIRST? DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? YES, I DO. OKAY. WHAT WOULD YOU LIKE TO SHARE WITH US? I HAVE, UH, SOME INFORMATION HERE FOR EACH OF YOU. OKAY. KIND OF JUST PLACE OUT THINGS. A, B, AND C. THANK YOU. THANK YOU MA'AM. SO IT'S KIND OF A DIFFERENT SITUATION. SO, UH, THE PROPERTY IS NOT ON A PUBLIC ROAD. IT DOESN'T HAVE ROAD FRONTAGE, SO WE WERE NOT ABLE TO SUBDIVIDE IT. SO WHEN MY HUSBAND AND I GOT DIVORCED, WE THOUGHT WE COULD DO THAT AND WE ACTUALLY PAID A SURVEYOR TO DO THAT FOR US. AND HE DID 12 ACRES WITH THE HOUSE AND I DID 18 ACRES AND I WANTED MORE OF THE LAND. THEN WHEN WE WENT TO PUT THE SURVEY THAT WE HAD DONE IN PERMANENT, 'CAUSE THEY'RE ACTUALLY MARKERS OUT THERE DIVIDING IT WITH 12 AND 18, WE FOUND OUT WE WERE NOT LEGALLY ABLE TO DO THAT. UM, SINCE THEN HE HAS REMARRIED AND MOVED TO SALISBURY. AND MY HUSBAND, I MEAN MY SON, I'M SORRY, I'M JUST A LITTLE NERVOUS. PLEASE FORGIVE ME. MY SON LIVES IN THE HOUSE, UM, WHERE WE RAISED THE FAMILY. BUT I GAVE UP ALL MY RIGHTS TO THAT HOME AT THAT TIME BECAUSE I THOUGHT THAT I WAS GOING TO GET MORE LAND. AND THEN I GOT, UM, I HAD TO PAY DOWN DEBT AND SAVE MONEY SO I COULD GET INTO A SITUATION WHERE I COULD BUILD A HOME. AND IT TOOK ME A VERY LONG TIME TO DO THAT BECAUSE I HAD TWO CHILDREN IN COLLEGE AT THE TIME AND I HAD A LOT OF DEBT THAT I TOOK OUT OF THE MARRIAGE. UM, BUT A IS WHERE MY EX-HUSBAND HOME IS LOCATED, [02:00:01] B IS THE CURRENT EXISTING RV AND C IS WHERE THE PROPOSED HOME I WOULD LIKE TO BUILD IS LOCATED ON YOUR SURVEY ON THE TOP SHEET. THEN I HAVE EVIDENCE FOR EACH ONE. SO A IS MY DIVORCE DECREE AND OH, SORRY, UH, A IS MY DIVORCE DECREE AND AN AFFIDAVIT THAT JUST DESCRIBES THE SITUATION INDICATING THAT I DON'T HAVE RIGHTS TO THAT HOME THAT'S ON THE PROPERTY. AND THEN C IS THE ENGINEERED PLANS FOR THE, UH, PROPOSED HOUSE. SO I'M IN A SITUATION WHERE IF I CANNOT STAY TEMPORARILY IN THE RV OR BUILD ANOTHER HOUSE, I WILL NOT HAVE ANY PLACE TO LIVE. SO, UM, I'VE BEEN ON THE FARM FOR 25 YEARS. IT'S WHERE I WOULD LIKE TO STAY. AND I'M BUILDING THAT HOME AS A A DA HOME THAT WILL HAVE 36 WIDTH DOORS ALL ONE FLOOR SO THAT IT WILL BE A HOME THAT I WILL BE ABLE TO AGE INTO. UM, MY BUILDER IS NICK SPANGLER AND I WAS ON A THREE YEAR WAITING LIST IN ORDER TO HAVE HIM BE MY BUILDER. AND I JUST CAME OFF OF THAT. UM, WE WERE NOT AWARE OF ALL THESE ISSUES UNTIL WE WENT AHEAD AND SUBMITTED THE BUILDING PERMIT. THE BUILDING PERMIT HAS BEEN APPROVED BY THE HEALTH DEPARTMENT AS FAR AS THE SEPTIC AND SO FORTH. IT'S JUST A MATTER OF THESE ISSUES WITH ZONING. UM, AND UH, THAT'S PRETTY MUCH ALL I CAN THINK OF. IF YOU HAVE ANY QUESTIONS, I'M COMPLETELY TRANSPARENT AND I'D BE HAPPY TO ANSWER THEM. CAN I ASK ANOTHER QUESTION? SURE. I THINK THIS IS FOR, UH, GIN OR WHO'S EVER AN ATTORNEY. I'M IN THE REAL ESTATE BUSINESS. MM-HMM . TO PROTECT HER RIGHTS DOWN THE ROAD. IF THIS IS AN UNDIVIDED INTEREST, SHOULD NOT THE EX-HUSBAND ALSO BE SIGNING THIS? 'CAUSE IT'S ALL ON THE SAME PROPERTY. I, I TALKED TO HIM PERSONALLY AND I TEXTED HIM AND HE SAID THAT HE, HE DOESN'T OPPOSE IT, BUT HE JUST DIDN'T WANT GET INVOLVED. SO THAT'S WHY I DID THE AFFIDAVIT AND HAD IT NOTARIZED. RIGHT. BUT FROM A BANK POINT OF VIEW, HE'S ON THE DEED AND SHE, WELL, IT'S HARD. IT MIGHT CAUSE A TITLE PROBLEM. IT HASN'T BEEN SAID. WELL, I'D HAVE TO PAY OFF, I WOULD HAVE TO PAY OFF HIS HOUSE MORE TO GO BUY HOUSE. THEY WOULD, THEY WOULD HANDLE THAT AS PART OF THE PROCEEDINGS OF THE BUILDING PERMIT. IT'S NOT, WHAT ELSE? OKAY. I JUST WANT TO PROTECT YOU DOWN THE ROAD. YEAH. I HAVE TO PAY OFF THE BALANCE OF WHAT HE OWES ON THE HOME IN ORDER TO BUILD MY HOME. SO THERE ARE NO, YOU'RE ABSOLUTELY RIGHT. SO THERE ARE NO LEADS. LET, LET ME PUT IT THIS WAY. COULD YOU SELL THAT PROPERTY WITHOUT HIM SIGNING IT? NOBODY COULD SELL THAT PROPERTY. 'CAUSE IT'S GONNA BE LIKE AIR PROPERTY THE WAY, I MEAN, THE WAY THAT I, THAT I LOOK AT THAT SITUATION IS IF HE WAS IN OPPOSITION, HE'D BE HERE AND SAY THAT HE WAS IN OPPOSITION AND THEN WE, WE WOULD MAKE, WE WOULD MAKE THE DECISION AT THAT TIME WHETHER TO ALLOW IT OR NOT. HE'S NOT HERE. YEAH. I'M JUST TRYING TO PROTECT HER INTERESTS. MRS. UH, YOU NEED TO, I MEAN, SHE'S ONE OF THE OWNERS OF THE PROPERTY. I MEAN, AND SHE'S ASKING FOR A SPECIAL USE PERMIT. BEYOND THAT, I'M NOT SURE THERE'S ANYTHING WE CAN DO THAT'S JUST A PRIVATE MATTER BETWEEN SHE AND HER EX-HUSBAND. OKAY. I JUST, AND THERE IS ELECTRIC ALREADY IN THE BACK THERE AS WELL AS A EXISTING DEEP WELL, YEAH, NO, I'M JUST CONCERNED ABOUT DOWN THE ROAD FOR PROTECTION. ANY OTHER QUESTIONS FOR GIN ON THIS MAM? IF WE HAVE NO OTHER QUESTIONS, IS SOMEBODY READY TO MAKE, UH, A RECOMMENDATION? THE MOTION IS UP. I, I MOVE THAT THE MACK COUNTY BOARD OF ZONING APPEALS APPROVED SUSE DASH 0 0 0 0 1 6 DASH 2 26 A SPECIAL USE PERMIT PURSUANT TO MACK COUNTY CODE SECTION 1 0 6 DASH FIVE THREE, PARAGRAPH TWO TWO, AND PARAGRAPH FOR AN ACCESSORY DWELLING WITH THE CONDITIONS RECOMMENDED BY STAFF. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? AYE. AYE. AYE. IT'S BEEN APPROVED. OKAY. SO THAT WILL BE THE ACCESSORY DWELLING PORTION. AND NOW WE'LL GO TO, UH, SUSE 0 0 0 0 1 8 20 26. AND THAT IS TEMPORARY HABITATION OF AN RV WHILE THE DWELLING IS BEING CONSTRUCTED. UH, THE APPLICANT IS A TRACE ATOR. A LOCATION IS, UH, 1 2 0 3 8 ATLANTIC ROAD OR TAX MAP NUMBER 42 DASH A DASH 58 C. ELECTION DISTRICT TWO. UH, APPROXIMATELY 30 ACRES ZONED AGRICULTURAL, UH, CURRENT AND PROPOSED USES FOR A SINGLE FAMILY DWELLING. UM, ADJACENT ZONINGS ARE AGRICULTURAL, UH, ADJACENT USES ARE AGRICULTURAL AND, UH, SINGLE FAMILY DWELLINGS ARE ALSO IN THE AREA. [02:05:04] AGAIN, UM, THAT'S THE SITE THAT IS, UH, ZONED AGRICULTURAL FUTURE LAND USE IS ALSO AG NOT IN A FLOOD ZONE. AND AGAIN, THERE IS RPA ON THE PROPERTY, BUT NOT AT THE SITE. THE, UH, RV YOU COULD ACTUALLY SORT OF MAKE OUT IT'S RIGHT IN THERE. UM, SO THIS IS, UM, ATLANTIC ROAD, GOING SOUTH ATLANTIC ROAD GOING NORTH. THIS IS THE ENTRANCE TO THE RIGHT OF WAY. AND THAT PICTURE IS OF THE, UH, RV THAT IS CURRENTLY ON SITE, THE TRAVEL TRAILER THAT'S ON SITE. SO I HAVE A BLOWN UP PICTURE FOR THIS ONE. YOU COULD TELL THE TINY HOUSE IS HERE. UM, AS, AS MORE INFORMATION. THIS IS AN AFTER THE FACT APPLICATION. SO THE, THE RV HAS BEEN THERE FOR A WHILE. UM, 1 0 6 53 14 PROVIDES THE USE BY SPECIAL USE PERMIT. THAT IS A TRAVEL TRAILERS LOCATED OUTSIDE OF TRAVEL TRAILER PARKS, WHICH ARE TO BE OCCUPIED FOR HABITATION OR STORAGE OF CHANNELS. UH, SO NOW WE GO TO CONSIDERATIONS FOR SPECIAL USE PERMITS. UH, NUMBER ONE, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD. UH, GENERALLY THE USE OF AN RV FOR HABITATION IN ONE LOCATION WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD. HOWEVER, THIS USE WOULD BE FOR TEMPORARY HABITATION WHILE A DWELLING IS CONSTRUCTED. THIS USE WOULD HAVE NO LONG-TERM IMPACTS. UH, NUMBER TWO, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES. UH, NO ADVERSE IMPACT IS ANTICIPATED. ELECTRIC SERVICES AVAILABLE ON ATLANTIC ROAD. UH, NUMBER THREE, WHETHER PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY. UH, THE USE OF AN RV FOR HABITATION WOULD NOT FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY. SINCE THIS USE IS TEMPORARY HABITATION, THE EFFECTS WOULD BE TEMPORARY. UH, NUMBER FOUR, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS, UH, NO LONG-TERM IMPACT IS ANTICIPATED. THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS. NUMBER FIVE, WHERE THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS. UH, 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 THE PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS. UH, YES, THIS USE IS ALLOWED BY SPECIAL USE PERMIT. UH, NUMBER EIGHT. WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE. THE ANSWER THERE IS NO, THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE. UH, UTILITIES, ELECTRIC SERVICES AVAILABLE ON ATLANTIC ROAD. A WELL AND SEPTIC SYSTEM ARE A PART OF THIS APPLICATION. UH, ATLANTIC ROAD IS A VDOT MAINTAINED SECONDARY HIGHWAY. IT'S IN AVERAGE CONDITION AND ENVIRONMENTALLY WHILE THERE IS RPA ON THE PARCEL, THE LOCATION OF THE DWELLING WILL NOT BE IN THE RPA UH, PUBLIC COMMENT NOTICES WERE PROVIDED IN THE NEWSPAPER AND A PO LETTERS WERE ISSUED PER STATE LAW. ONE PUBLIC COMMENT IN FAVOR OF THE PROJECT WAS RECEIVED. STAFF FINDINGS. THE APPLICANT REQUESTS A SPECIAL USE PERMIT TO ALLOW FOR TEMPORARY HABITATION OF AN RV WHILE A DWELLING IS CONSTRUCTED. UH, THIS SPECIAL USE PERMIT IS CONNECTED TO SUSE 0 0 0 0 1 6 20 26, WHICH WOULD ALLOW FOR CONSTRUCTION OF AN ACCESSORY DWELLING. IT IS ALSO IN CONNECTION TO, UH, BLDR 16 70 20 25, WHICH IS THE BUILDING PERMIT APPLICATION FOR THE ACCESSORY DWELLING. AND, UH, NO DETRIMENTAL EFFECTS TO THE SURROUNDING AREA ARE ANTICIPATED. UH, STAFF RECOMMENDATIONS. STAFF RECOMMENDS APPROVAL OF THE SPECIAL USE PERMIT DUE TO THE TEMPORARY NATURE OF THE RV. AND SHOULD THE BCA APPROVE THE SPECIAL USE PERMIT STAFF RECOMMENDS THE FOLLOWING CONDITIONS. THERE ARE SEVEN. UH, THE APPLICANT SHALL COMPLY WITH ALL OF THE RELEVANT COUNTY, UH, DEPARTMENT OF HEALTH AND VDOT REGULATIONS. NUMBER TWO, SHORT TERM RENTAL AS A SITE IS PROHIBITED. NUMBER THREE, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE SPECIAL USE PERMIT IS ACTIVE. UH, NUMBER FOUR, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE SITE PLAN AND NARRATIVE AS SUBMITTED. UH, NUMBER FIVE, THE SPECIAL USE PERMIT SHALL EXPIRE EITHER ONE YEAR AFTER THE DATE OF ISSUANCE OR WITH THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY, WHICHEVER COMES FIRST. UH, NUMBER SIX, THE RV SHALL ONLY BE USED FOR THE APPLICANT OR IMMEDIATE FAMILY MEMBER. AND NUMBER SEVEN, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE SPECIAL USE PERMIT [02:10:01] NULL AND VOID. OKAY, THAT IS THE MOTION I CAN ANSWER ANY QUESTIONS YOU HAVE. MS. DETO IS HERE TO ANY QUESTIONS? OKAY. NO. OKAY. I'M READY TO MAKE A MOTION IF YOU'RE GO FOR IT. I MOVE THAT THE, A COUNTY BOARD IS ZONING APPEALS, SUSC DASH 0 0 0 0 1 8 DASH ZERO OR DASH 2 0 26. A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 1 4 FOR TEMPORARY HABITATION OF AN RV WHILE A HOME, UH, IS BEING CONSTRUCTED WITH THE SEVEN CONDITIONS BY STAFF. WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND. PROPERLY MOVED TO SECOND. ALL IN FAVOR? AYE. A AYE. MOTION'S BEEN APPROVED. OKAY. THANK YOU. THANK YOU ALL SO MUCH. I REALLY APPRECIATE IT. THANK YOU. IT'S VERY BEAUTIFUL. OKAY. THOSE ARE ALL THE CASES. UM, FOR APRIL WE HAVE, WE HAVE THREE NEW CASES, UH, TWO VARIANCES AND ONE SPECIAL USE PERMIT. SPECIAL USE PERMIT IS FOR TEMPORARY HABITATION OF AN RV. AND THERE ARE A COUPLE, THERE ARE A COUPLE VARIANCES AS I SAID BEFORE. AND OF COURSE WE'RE GONNA HAVE NKM COME BACK IN APRIL FOR BOTH HEARINGS. UM, THAT'S ALL I HAVE. OKAY. ANY STAFF REPORT OR THAT? THAT'S IT. OKAY. UH, DO WE HAVE A MOTION FOR ADJOURNMENT THEN? I WILL. WE ADJOURN THE MARCH 14TH. CAN WE GET A SECOND? SECOND. ALL IN FAVOR? AYE. AYE. THANK YOU SO MUCH STAFF. THANK YOU SO MUCH. THANK YOU. * 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.