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BOARD OF ZONING[Board of Zoning Appeals on May 6, 2026.]
APPEALS MEETING FOR MAY 6TH.I AM THE PRESENT CHAIR OF THE BOARD.
WE'RE GONNA ASK THAT ALL THE BOARD MEMBERS WOULD INTRODUCE THEMSELVES.
LYNN GALE ABORN, A SEA BOLT, LOGAN HOLLAND.
THERE ARE NO, UH, REQUESTS FOR REMOTE PARTICIPATION BECAUSE EVERYONE IS HERE.
AND SO AS WE PREPARE TO ADOPT THE AGENDA, THERE'S ONE CHANGE TO THE AGENDA.
AT THE VERY END OF THE, OF THE AGENDA, THERE WILL BE SOMEONE WHO WILL BE ADDRESSING US ABOUT THE DECISION FROM CIRCUIT COURT, UH, AT THE VERY END.
AND SO WE'RE GONNA ADD THAT TO THE AGENDA.
WITH THAT BEING ADDED, UH, DO WE HAVE A MOTION TO ACCEPT THE AGENDA WITH THE ADDITION? SO DO WE HAVE A SECOND? SECOND.
EVERYONE SHOULD HAVE HAD AN OPPORTUNITY TO REVIEW THE, THE MINUTES FROM APRIL THE FIRST.
UH, CAN WE GET THAT DOOR CLOSED? MR. CHAIR? I, UH, HAVE REVIEWED THE MINUTES.
TYPOS, BUT OTHER THAN THAT, UM, I DON'T SEE ANY.
IF THERE ARE NO OTHER OBJECTIONS OTHER THAN THE NECESSARY TYPOS, UH, TO BE MADE, DO WE HAVE A MOTION TO APPROVE THE MINUTES FROM APRIL 1ST? MOVE TO A DO I HAVE A SECOND? SECOND.
A HAS BEEN, UH, THE MINUTES HAVE BEEN RECEIVED.
AT THIS TIME, WE'RE GONNA BEGIN WITH THE PUBLIC HEARING.
MORNING, EVERYBODY, UH, MS. JONES, UH, ENFORCEMENT OFFICER FOR ZONING.
WE'RE GONNA CALL THIS THE MAY GAUNTLET.
WE'VE GOT EIGHT CASES, SO LET'S GET STARTED.
FIRST UP, WE HAVE, UH, KENNETH TOWNSEND.
THIS IS SUSE 0 0 0 0 4 1 20 26.
THIS IS HABITATION OF A TRAVEL TRAILER.
UH, BACKGROUND, UH, KENNETH TOWNSEND IS THE APPLICANT AND THE OWNER, UH, THE LOCATION IS, UH, 42 A ONE DASH A DASH THREE, UH, AROUND THREE QUARTERS OF AN ACRE, UH, ZONED AGRICULTURAL.
AND, UH, THE CURRENT PROPOSED USES ARE RESIDENTIAL IN NATURE.
SO, UH, THIS IS THE SITE ZONED AG.
UH, FUTURE LAND USE RECOMMENDATION IS A VILLAGE DEVELOPMENT AREA, UH, NOT IN A FLOOD ZONE, NOT AN RPA.
THESE ARE SOME PICTURES OF THE SITE.
UH, THIS IS, UH, TOWNSEND LANE.
UH, THIS IS GOING TOWARDS, UH, ATLANTIC.
THIS IS GOING, UH, AWAY FROM ATLANTIC.
UH, THIS IS THE RV THAT WE ARE TALKING ABOUT.
THIS IS AN AFTER THE FACT APPLICATION, AND ALSO WE HAVE A SHED.
THIS IS GONNA BE, UM, A DIFFERENT SPECIAL USE CASE THAT WE HAVE TODAY.
AGAIN, WE ARE FOCUSED ON THE CAMPER.
SO, ZONING ORDINANCE CONSIDERATIONS.
SECTION 1 0 6 1 PROVIDES THE DEFINITION OF A TRAVEL TRAILER.
TRAVEL TRAILER MEANS A PORTABLE STRUCTURE BUILT ON A CHASSIS, DESIGNED TO BE USED AS A TEMPORARY OCCUPANCY FOR TRAVEL, RECREATION, OR VACATION BEING LESS THAN 36 FEET IN LENGTH.
UH, SECTION 1 0 6 53 14 PROVIDES THE USE BY SPECIAL USE PERMIT, UH, TRAVEL TRAILERS LOCATED OUTSIDE OF TRAVEL TRAILER PARTS, WHICH ARE TO BE OCCUPIED FOR HABITATION OR STORAGE OF CHANNELS.
SO WE'LL GET TO THE QUESTIONS.
UH, ADVERSE IMPACT TO THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, GENERALLY TRAVEL TRAILERS FOR HABITATION ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING AREA.
THE AREAS COMPRISE OF MANY DIFFERENT TYPES OF RESIDENTIAL DWELLINGS, AND ADDING A TRAVEL TRAILER ADVERSELY IMPACTS THE CHARACTER IN THE NEIGHBORHOOD.
UH, NUMBER TWO, ADVERSE IMPACT TO PUBLIC UTILITIES.
UH, THE SITE IS NOT SERVICED BY PUBLIC WATER AND SEWER.
UH, NUMBER THREE, PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
GENERALLY, TRAVEL TRAILERS DO NOT CREATE AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
NUMBER FOUR, ADVERSE IMPACT TO THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS.
ANSWER IS NO, THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS.
NUMBER FIVE, ADVERSE IMPACT TO THE, TO PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
UH, THE USE OF A TRAVEL TRAILER FOR HABITATION IN ONE LOCATION ADVERSELY IMPACTS THE VALUE OF ADJOINING AND NEARBY PROPERTY OWNERS.
UH, NUMBER SIX, UH, 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, CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS.
UH, NO TRAVEL TRAILERS ARE NOT DESIGNED
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FOR USE IN ONE LOCATION CONTINUOUSLY.THE BCA HAS GRANTED SUVS FOR THIS TYPE OF USE OF PREVIOUS MEETINGS.
NO LOCAL LAWS, ORDINANCES, OR REGULATIONS ARE AFFECTED.
UH, AND NUMBER EIGHT, PUBLIC NECESSITY OR CONVENIENCE? UH, NO.
THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
UH, THE OWNER IS RESPONSIBLE FOR THE DISPOSAL OF WASTES AND THERE IS A WELL AND SEPTIC CURRENTLY ON THE SITE.
UH, TOWNSEND LANE IS A PRIVATE ROAD, IS IN FAIR CONDITION.
UH, PUBLIC COMMENTS, UH, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OR PROOF STATE LAW AS A PREPARATION OF THIS SLIDE DECK.
NO PUBLIC COMMENTS HAVE BEEN RECEIVED.
I DID RECEIVE, UH, MULTIPLE PHONE CALLS ABOUT THIS PROJECT, UM, BUT I DID NOT RECEIVE ANYTHING DEFINITIVE FOR OR AGAINST, UH, STAFF FINDINGS.
THE APPLICANT HAS PLACED A TRAVEL TRAILER ON THE PROPERTY.
THE TRAVEL TRAILER REQUIRES A SPECIAL USE PERMIT.
UH, GENERALLY TRAVEL TRAILERS FOR HABITATION ADVERSELY IMPACT THE GENERAL CHARACTERS OF THE SURROUNDING NEIGHBORHOOD.
AND GENERALLY, TRAVEL TRAILERS DO NOT CREATE AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, STAFF RECOMMENDS DENIAL OF SUSE 0 0 0 0 4 1 20 26 BASED ON TRAVEL TRAILERS ADVERSELY IMPACTING THE SURROUNDING AREA AND NOT CONTRIBUTING TO A HARMONIOUS COMMUNITY.
IF THE BOARD OF ZONING APPEALS APPROVES THIS SPECIAL USE PERMIT, WE RECOMMEND THE FOLLOWING CONDITIONS.
NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND PLOT PLAN AS SUBMITTED.
UH, NUMBER THREE, THE SPECIAL USE PERMIT SHALL BECOME NO AND VOID SHOULD THE PROPERTY BE SOLD OR TRANSFERRED.
UH, NUMBER FOUR, THE APPROVAL IS FOR ONE UNIT AND IS ONLY FOR THE APPLICANT OR HIS FAMILY.
UH, NUMBER FIVE, THE SPECIAL USE PERMIT SHALL EXPIRE TWO YEARS FROM THE DATE OF ISSUANCE.
THE NUMBER SIX, THE APPROVAL DOES NOT INCLUDE SHORT-TERM RENTAL OF THE SITE.
NUMBER SEVEN, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE TRAVEL TRAILER'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 RECOMMENDED MOTION.
I CAN ANSWER ANY QUESTIONS THAT YOU HAVE.
UH, SEND YOU AN A SIEBEL UNDER, UH, UTILITIES IN YOUR WRITTEN RECORD TO US.
YOU SAID THERE IS NO WATER AND SEWER ON THIS PROPERTY? YEAH, THAT, THAT'S A MISTAKE FROM THE STAFF REPORT.
IN, IN READING THE APPLICANT'S, IN READING THE APPLICATION, WE DID FIND THAT THERE IS ACTUALLY PRIVATE WELL AND SEWER ON THAT.
SO THAT WAS THE TYPO ON MY PART.
SO THERE IS AVAILABILITY AND SEWER? THAT'S CORRECT.
UM, FROM WHAT I UNDERSTAND, THERE WAS A STRUCTURE, THERE WAS A HOUSE THERE THAT BURNED DOWN ABOUT EIGHT TO 10 YEARS AGO.
SO THEY'RE USING THAT, UH, WELL AND SEPTIC SYSTEM.
ARE THERE ANY OTHER, SO THERE'S NO PORTABLE P PORTA POTTY THEN? NO, SIR.
ANY OTHER QUESTIONS FOR CINDY? IF THERE ARE NO OTHER QUESTIONS, UH, DOES THE APPLICANT WISH TO SPEAK ON THIS? AND IF SO, UH, WE NEED TO SWEAR YOU IN BEFORE YOU SPEAK, OKAY? OKAY, MR. CHAIR? YES.
IS THERE ANY, UH, PLANS TO BUILD A MORE PERMANENT STRUCTURE? UM, YES.
THAT YOU, YOU, YOU NEED TO COME AND BE SWORN IN SUCH TALK.
WILL YOU RAISE YOUR RIGHT HAND? YES.
DO YOU PROMISE TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD, ON ALL MATTERS? YES, I DO.
SO I WAS JUST CURIOUS, UH, DO YOU PLAN TO, UH, BUILD UP PERMANENT STRUCTURE FOR RESIDENCE? YES, I DO.
ANY OTHER QUESTIONS? AND WHAT IS THE TIMELINE LOOK, IS IT, WELL, I'M THINKING WITHIN A YEAR OR SO, SOMETHING LIKE THAT.
SO I'M TRYING TO GET EVERYTHING STRAIGHT AND TOGETHER NOW, UH, CERTAIN PARTS OF WHERE I NEED TO GET SOME LITTLE BILLS OUT OF THE WAY SO I COULD GO AHEAD AND TALK TO THE PEOPLE AGAIN ABOUT GETTING ME A HOUSE.
IF THERE'S NO OTHER QUESTIONS, ARE WE READY TO MAKE A MOTION ON THIS? I, I CAN MR. TOWNSEND COME UP? OKAY.
SO YOU'VE BEEN IN TOUCH, YOU'VE BEEN TALKING TO SOMEBODY ABOUT BUILDINGS? YEAH, I DID GO UP TO, UH, CLAYTON HOMES AND TALK TO SOMEONE.
SO YOU DID TALK TO THEM AND, UH, OR TRYING TO MAKE PROGRESS IN THAT REGARD? YES.
SEE, WHAT WE'RE GETTING AT IS WE'VE HAD THESE THINGS HAPPEN IN THE PAST AND NOTHING GETS DONE.
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WHAT WE LIKE TO SEE, OR I PERSONALLY LIKE TO SEE IS SOMETHING, YOU KNOW, A FOUNDATION OR A COMMITMENT OR SOMETHING BEFORE WE DO THIS.BECAUSE HISTORICALLY, TWO YEARS FROM NOW, NOTHING'S THERE.
AND, AND YOU KNOW, THE, YOU, YOU KNOW, THE COUNTY DOESN'T, YOU, YOU KNOW, THESE HOMES ARE, ARE NOT DESIGNED FOR FULL TERM LIVING AND ALL THAT, BUT WE WANT TO ACCOMMODATE THAT.
YOU KNOW, IF YOU'VE BEEN TALKING TO CLAYTON HOLMES AND, AND WE LIKE TO SEE SOMETHING A LITTLE BIT MORE DEFINITIVE THAN, THAN, THAN THAT.
BUT, UH, IN THE SAME TOKEN, WE WANT YOU TO MAKE PROGRESS.
SO, BUT IF YOU'VE BEEN TALKING TO PEOPLE, YOU KNOW, THAT JUST DON'T LET IT, JUST DON'T LET IT GO.
UH, JUST TO PIGGYBACK OFF OF WHAT LINGLE SAID, WE COULD, WE COULD CHANGE, UH, LET'S SEE THIS FROM TWO YEARS TO ONE YEAR, AND THEN HAVE HIM COME BACK AND, AND GIVE AN UPDATE.
AND THEN AT THAT TIME, YOU GUYS COULD CONSIDER GIVING HIM A SPECIAL USE PERMIT FOR ANOTHER YEAR WHILE HE'S BUILDING HIS HOUSE.
ARE WE READY FOR A MOTION THEN? I, OKAY.
WELL, UH, FIRST I WANT TO SAY BECAUSE THERE WAS A HOUSE THERE AND IT WAS BURNED OR DESTROYED, UM, WEIGH ON MY DECISION TO APPROVE THE SPECIAL USE PERMIT FOR THE, UH, RV, UH, SUSE 0 0 0 0 4 1 DASH 2 0 6, A SPECIAL USE PERMIT ISSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 14 TO ALLOW A TRAVEL TRAILER FOR TEMPORARY HABITATION ON TAX PARCEL 42 DASH A DASH DASH ONE DASH A DASH THREE WITH THE NINE CONDITIONS RECOMMENDED BY STAFF, IS THAT TAKEN INTO ACCOUNT? IT'S GONNA BE THE TWO YEAR OR THE ONE YEAR.
UM, JUST WANNA MAKE SURE WE, 'CAUSE THEY PUT THAT, THAT WE'RE CLEAR.
DO WE HAVE A SECOND? I'LL SECOND.
IT'S BEEN, UH, PROPERLY MOVED TO SECOND.
THIS IS NOW, UH, SUSE 0 0 0 0 4 0 20 26.
THIS IS ACCESSORY STRUCTURE WITHOUT A PRIMARY, AGAIN, SAME APPLICANT AS BEFORE.
AGAIN, ABOUT A THREE QUARTER ACRE LOT ZONED AGRICULTURAL.
UH, AGAIN, THIS IS THE PROPERTY ZONED AG.
UH, FUTURE LAND USE IS A VILLAGE DEVELOPMENT AREA, NOT IN A FLOOD ZONE, NOT IN RPA.
AGAIN, SAME PICTURES AS BEFORE, EXCEPT NOW WE'RE LOOKING AT THE SHED.
AND THIS IS THE LOCATION OF THE SHED THAT YOU COULD SEE THERE.
SO AGAIN, CONSIDERATIONS FOR SPECIAL USE PERMITS.
UH, NUMBER ONE, ADVERSE IMPACT TO THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
UH, NUMBER TWO, ADVERSE IMPACT TO PUBLIC UTILITIES.
UH, NO ADVERSE IMPACT WILL RESULT OVERHEAD UTILITIES ARE ON TOWNSEND LANE.
UH, PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
UH, NUMBER FOUR, ADVERSE IMPACT TO THE ENVIRONMENT OR SCENIC.
HISTORIC AND WATERFRONT AREAS, UH, NO ADVERSE IMPACT WILL RESULT.
THE PROPERTY IS NOT LOCATED NEAR ANY SUCH AREAS.
NUMBER FIVE, ADVERSE IMPACT TO PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
UH, PROMOTION OF THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE.
UH, THE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE.
NUMBER SEVEN, CONFORMANCE WITH GOOD ZONING PRACTICE.
UH, YES, ACCESSORY STRUCTURES WITHOUT PRIMARY STRUCTURES ARE ALLOWED BY SPECIAL USE PERMIT.
AND NUMBER EIGHT, PUBLIC NECESSITY OR CONVENIENCE.
THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
UH, SO AGAIN, OWNER'S RESPONSIBLE FOR DISPOSABLE WASTE.
THIS IS A LITTLE DIFFERENT BECAUSE IT'S A SHED AND THERE IS
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EXISTING WELL AND SEPTIC ON THE SITE.UH, TRANSPORTATION TOWNS LANE IS A PRIVATE ROAD.
I WOULD CONSIDER IT IN FAIR CONDITION.
UH, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
AS A PREPARATION OF THIS SLIDE DECK, NO PUBLIC COMMENTS HAVE BEEN RECEIVED.
AGAIN, LIKE IN THE LAST CASE, I DID GET PHONE CALLS ABOUT, ABOUT THIS PROJECT, BUT NOTHING WRITTEN FOR OR AGAINST STAFF FINDINGS, THE APPLICANT HAS PLACED AN ACCESSORY STRUCTURE ON HIS PROPERTY.
UH, THE PROPERTY DOES NOT HAVE A PRIMARY STRUCTURE AND WOULD REQUIRE SPECIAL USE PERMIT AND NO ADVERSE IMPACT TO THE PROPERTY.
STAFF RECOMMENDS APPROVAL OF SUSE 0 0 0 0 4 0 20 26.
IF THE BOARD OF ZONING APPEALS APPROVE THIS SPECIAL USE PERMIT, WE RECOMMEND THE FOLLOWING CONDITIONS AND THERE ARE SEVEN OF THEM.
UH, NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE A APPLICATION AND PLOT PLAN AS SUBMITTED.
NUMBER THREE, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE INSPECTION OF THE SITE UNTIL THE CERTIFICATE OF COMPLETION IS ISSUED.
UH, NUMBER FOUR, THE APPLICANT SHALL NOT USE THIS STRUCTURE FOR HABITATION.
NUMBER FIVE, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VDOT AND VDH REGULATIONS.
NUMBER SIX, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE SPECIAL USE PERMIT IS ACTIVE.
AND NUMBER 70, A VIOLATION OF ANY OF THESE CONDITIONS WILL RENDER THE SPECIAL USE PERMIT NULL AND VOID.
THAT IS THE MOTION I CAN ANSWER ANY QUESTIONS.
ALSO, MR. TOWNSEND'S HERE IF YOU HAVE ANY QUESTIONS FOR HIM.
YOU WON'T HAVE ANY QUESTIONS FOR SGIN ON THIS.
MR. TOWNS, DID YOU WANNA SPEAK TO THIS ONE? YOU'VE ALREADY BEEN SWORN.
I HAVE A COUPLE QUESTIONS FOR MR. TOWNSON.
OKAY, MR. TOWNEND, PLEASE COME FORWARD.
MR. TOWNSEND, HOW LONG THE SHED BEEN THERE AND WAS THE SHED THERE WHEN THE HOUSE WAS THERE? NO, IT WAS NOT.
I PUT THE SHED THERE BECAUSE OF MY, UH, FURNITURE AND ALL OF THAT STUFF.
OKAY, THERE ARE NO OTHER QUESTIONS.
ARE WE READY TO MAKE A MOTION ON THIS? I'LL MAKE A MOTION.
I MOVE THAT THE AKIMA COUNTY BOARD OF ZONING APPEALS APPROVE, SUSE OH OH OH FOUR OH DASH 2 0 2 6, A SPECIAL USE PERMIT PURSUANT TO MIMA COUNTY CODE SECTION 1 0 6 DASH FOR A USE OF LAND NOT SPECIFICALLY LISTED AS A USE PERMITTED BY RIGHT OR BY SPECIAL EXCEPTION.
SPECIAL USE IN THE AGRICULTURAL DISTRICT REGULATIONS, WHICH IS CLEARLY SIMILAR AND COMPATIBLE WITH THE USES LISTED THEREIN FOR TAX PARCEL 42 A ONE DASH A DASH THREE WITH THE SEVEN CONDITIONS RECOMMENDED BY STAFF.
SO WE'RE ACTUALLY GONNA SKIP A LITTLE BIT TO, I'LL GET THERE.
WE'VE GOT, UM, ONGOING AND, AND CONTINUING LOVE FEST WITH THE COUNTY.
AND SO WE'D ASK FOR A CONTINUANCE PER MONTH TO CONTINUE OUR, OUR ADVENTURES IN, UM, SEVERAL DIFFERENT LEGAL FIELDS.
AND WE, WE'VE, WE THINK THAT WE'RE AT THE POINT OF HEALTHY CONFLICT.
SO WE'D ASK YOU FOR A, A MONTH TO, UM, CONTINUE WORKING ON OUR, ON OUR HEALTHY CONFLICT.
AND I JUST REPORT MR. SHERMAN, UM, MS. PROCTOR, UH, MR.
DID, ARE WE READY TO MAKE A MOTION ON DEFERRING THAT? SO YOUR MOTION WOULD BE TO CONTINUE IT TO THE JUNE MEETING.
MR. CHAIRMAN, I MAKE A MOTION THAT WE CONTINUE, UH, N KM PROPERTIES APPLICATION UNTIL THE JUNE MEETING.
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ALL RIGHT, I'LL GET BACK THERE.SO NOW WE HAVE, UH, MR. MICHAEL BIRD.
THIS IS SUSE 0 0 0 0 4 8 20 26.
THIS IS ACCESSORY STRUCTURE WITHOUT A PRIMARY.
UH, AGAIN, UH, THE APPLICANT IS, UH, MR. BIRD.
HE IS ALSO ONE OF THE OWNERS WITH, UH, DARA BIRD.
THIS IS, UH, TAX MAP NUMBER 56 DASH SIX 11.
ACREAGE IS, UH, 0.78 ACRES ZONE AGRICULTURAL FUTURE LAND USE IS REG AGRICULTURAL ADJACENT ZONINGS ARE AGRICULTURAL.
THIS IS THE SITE, UM, MR. BYRD'S HOUSE IS ACTUALLY ON LOT 10.
SO HE OWNS BOTH LOT 10 AND LOT 11.
IT'S, UH, ZONED AGRICULTURAL FUTURE LAND USE RECOMMENDATIONS.
ALSO, AGRICULTURAL, NOT IN A FLOOD ZONE, BUT NOT IN RPA.
UM, THESE ARE SOME PHOTOS OF THE SITE.
UM, THIS IS I BELIEVE CEDAR COVE GOING BACK TOWARDS, UH, THE HIGHWAY.
THIS IS, UH, CEDAR COVE GOING TOWARDS THE PROPERTY.
UM, AND THESE ARE TWO PICTURES OF THE SITE.
THE, THE STRUCTURE IS GOING ABOUT IN THIS LOCATION HERE.
THIS IS THE SITE PLAN, AND THESE ARE SOME PHOTOS OF WHAT THE APPLICANT WISHES TO PUT THERE.
SO, CONSIDERATIONS FOR SPECIAL USE PERMITS.
UH, NUMBER ONE, ADVERSE IMPACT TO THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, AS THE APPLICANT'S RESIDENCE IS ON AN ADJOINING PARCEL AND ACCESSORY STRUCTURE IN A RESIDENTIAL NEIGHBORHOOD WITHOUT A PRIMARY STRUCTURE CAN IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, NUMBER TWO, ADVERSE IMPACT TO PUBLIC UTILITIES.
NO ADVERSE IMPACT WILL RESOLVE THE SITE.
UH, NUMBER THREE, UH, FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE HARMONIES COMMUNITY.
UH, THE ANSWER THERE IS AN ACCESSORY STRUCTURE IN A RESIDENTIAL NEIGHBORHOOD WITHOUT A PRI, WITHOUT A PRIMARY STRUCTURE CAN ADVERSELY IMPACT THE COMMUNITY.
UH, NUMBER FOUR, ADVERSE IMPACT TO THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS.
ANSWER IS NO, THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS.
NUMBER FIVE, ADVERSE IMPACT TO PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
THE ANSWER THERE IS AN ACCESSORY STRUCTURE WITHOUT A PRIMARY COULD ADVERSELY IMPACT THE PROPERTY VALUES OF NEARBY OWNERS.
UH, NUMBER SIX, UH, PROMOTE THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE.
THE USE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE.
UH, NUMBER SEVEN, CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS.
ACCESSORY STRUCTURES WITHOUT PRIMARY STRUCTURES ARE ALLOWED BY SPECIAL USE PERMIT.
AND THEN NUMBER EIGHT, PUBLIC NECESSITY OR CONVENIENCE.
UH, NO, THIS REQUEST HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
UH, UTILITIES, UNDERGROUND UTILITIES ON, UH, CEDAR COVE TRANSPORTATION.
I WOULD CONSIDER IT AN AVERAGE CONDITION.
UM, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
AS OF PREPARATION OF THE SLIDE DECK, ONE COMMENT IN FAVOR OF THE PROJECT WAS RECEIVED, AND IT SHOULD HAVE BEEN IN YOUR STAFF REPORT.
UH, STAFF FINDINGS, THE APPLICANT INTENDS TO CONSTRUCT A GARAGE ON THE PROPERTY.
THE PROPERTY DOES NOT HAVE A PRIMARY STRUCTURE AND WOULD REQUIRE A SPECIAL USE PERMIT.
UH, AND THIRD, NO ADVERSE IMPACT TO THE PROPERTY OR SURROUNDING AREA IS ANTICIPATED.
UM, STAFF RECOMMENDS APPROVAL OF SUSE 0 0 0 0 4 8 20 26.
IF THE BOARD OF ZONING APPEALS APPROVES THIS SPECIAL, THIS SPECIAL USE PERMIT, WE RECOMMEND THE FOLLOWING FOUR CONDITIONS.
UH, NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY ECONOMIC DEVELOPMENT DEPARTMENT.
NUMBER TWO, THE APPLICANT SHALL BE IN COMPLIANCE WITH THE APPLICATION AND PLOT PLAN AS SUBMITTED.
UH, NUMBER THREE, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VDOT AND VDH REGULATIONS.
AND NUMBER FOUR, A VIOLATION OF ANY OF THESE CONDITIONS WILL RENDER THE SPECIAL USE PERMIT NULL AND VOID.
THAT IS THE MOTION I CAN ANSWER QUESTIONS THAT YOU HAVE.
UM, I BELIEVE THE APPLICANT IS HERE AS WELL.
DOES ANYONE HAVE QUESTIONS FOR CINDY? DOES THE APPLICANT WISH TO SPEAK? NO.
UH, IF THERE ARE NO OTHER QUESTIONS OR COMMENTS, ARE WE READY FOR A MOTION? I THINK, UH, I WANT TO TALK TO THE APPLICANT.
WOULD YOU GIVE US YOUR NAME, PLEASE? YES,
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SIR.DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH ON ALL MATTERS BEFORE US? YES.
SO YOU'LL HAVE, UH, I SAW THAT THERE WAS A SIDE DOOR THERE.
AND, UH, BUT THERE'S NO BATH FACILITY OR ANYTHING LIKE THAT? NO.
AND YOUR HOUSE IS NEXT DOOR, RIGHT? YES.
IT IT'S IN THE NEIGHBOR LOT, RIGHT? OKAY.
WE READY FOR A MOTION? I MOVE THAT THE AKIMA COUNTY BOARD OF ZONING APPEALS APPROVE SUSE 0 0 0 0 4 8 20 26 A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 27 FOR USE OF LAND NOT SPECIFICALLY LISTED AS A USE, PERMITTED BY RIGHT OR BY SPECIAL EXEMPTION.
SPECIAL USE PER IN THE AGRICULTURAL DISTRICT REGULATIONS, WHICH IS CLEARLY SIMILAR AND COMPATIBLE WITH THE USES LISTED THEREIN FOR TAX PARCEL.
56 DASH SIX DASH ONE WITH THE FOUR CONDITIONS RECOMMENDED BY STAFF HONOR A MOTION.
IT'S BEEN PROPERLY MOVED IN SECOND.
SO NEXT IS, UH, MR. JEFFREY STEWART.
THIS IS SUSE 0 0 0 0 4 9 20 26.
THIS IS HABITATION OF TWO TRAVEL TRAILERS.
APPLICANT IS, UH, JEFFREY STEWART.
PROPERTY OWNERS ARE JEFFREY AND AMY STEWART.
UH, THIS IS LOCATED AT, UH, TAX MAP NUMBER 85 DASH TWO DASH FOUR EIGHT OR FOUR H.
UH, ACREAGE IS 0.2 ACRES ZONE AGRICULTURAL FUTURE LAND USES AG.
UM, CURRENT AND PROPOSED USES ARE RESIDENTIAL IN NATURE.
THIS IS TOWN ROAD GOING TOWARDS THE C**K.
THIS IS TOWN ROAD GOING TOWARDS BAYSIDE ROAD.
THIS IS A VIEW OF THE PROPERTY FROM THE ROAD SHOWING THE TWO, UH, TRAILERS.
AND THIS IS A VIEW OF THE STREET FROM THE APPROXIMATE LOCATION OF WHERE THE TRAILERS ARE.
FUTURE LAND USE IS ALSO AG, NOT IN FLOOD ZONE, NOT IN RPA.
THIS IS, UH, THE SITE PLAN FOR THE PROJECT.
AND THEN WE GO INTO ZONING ORDINANCE CONSIDERATIONS.
SO SECTION 1 0 6 DASH ONE PROVIDES THE DEFINITION OF TRAVEL TRAILER AS TRAVEL TRAILER MEANS A PORTABLE STRUCTURE BUILT ON A CHASSIS, DESIGNED TO BE USED AS A TEMPORARY OCCUPANCY FOR TRAVEL, RECREATION, OR VACATION BEING LESS THAN 36 FEET IN LENGTH.
UH, SECTION 1 0 6 53 14 PROVIDES THE USE BY SPECIAL USE PERMIT TRAVEL TRAILERS LOCATED OUTSIDE OF TRAVEL TRAILER PARKS, WHICH ARE TO BE OCCUPIED FOR HABITATION OR STORAGE OF CHATS.
THEN WE GO INTO THE CONSIDERATIONS FOR SPECIAL USE PERMITS.
NUMBER ONE, ADVERSE IMPACT TO THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, GENERALLY TRAVEL TRAILERS FOR HABITATION ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING AREA.
THE AREA IS COMPRISED OF FARMLAND AND ADDING A TRAVEL TRAILER COULD ADVERSELY IMPACT THE CHARACTER OF THE NEIGHBORHOOD.
UH, NUMBER TWO, ADVERSE IMPACT TO PUBLIC UTILITIES.
THE SITE IS NOT SERVICED BY PUBLIC WATER AND SEWER.
UH, THE APPLICANT IS RESPONSIBLE FOR THE DISPOSAL OF WASTE.
UH, NUMBER THREE, UH, FACILITATION AND PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, GENERALLY TRAVEL TRAILERS DO NOT CREATE AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, NUMBER FOUR, ADVERSE IMPACT TO THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS.
UH, NO, THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS.
NUMBER FIVE, ADVERSE IMPACT TO PROPERTY RIGHTS AND VALUES OF ADJOINING A NEARBY PROPERTY OWNERS.
UH, THE USE OF A TRAVEL TRAILER FOR HABITATION IN ONE LOCATION ADVERSELY IMPACTS THE VALUE OF ADJOINING A NEARBY PROPERTY OWNERS.
UH, NUMBER SIX, 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, CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS.
THE ANSWER THERE IS NO, THE TRAVEL TRAILERS ARE NOT DESIGNED FOR USE IN ONE LOCATION CONTINUOUSLY.
HOWEVER, THE BZA HAS GRANTED SPECIAL USE PERMITS FOR THIS TYPE OF USE OF PREVIOUS MEETINGS.
NO LOCAL LAWS, ORDINANCES, OR REGULATIONS ARE AFFECTED.
NUMBER EIGHT, PUBLIC NECESSITY OR CONVENIENCE.
THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
[00:30:01]
SO, COMPREHENSIVE LAND CONSIDERATIONS.THE PROPOSED DENSITY FOR SINGLE FAMILY DWELLINGS IN THE AGRICULTURAL DISTRICT IS ONE HOME PER FIVE ACRES OF LAND.
THIS USE ALLOWS TWO RVS TO BE PLACED ON AN APPROXIMATELY QUARTER ACRE LOT.
THE USE THE OWNER IS RESPONSIBLE FOR THE DISPOSAL OF WASTE.
OVERHEAD POWER LINES ARE A ALONG TOWN ROAD TRANSPORTATION.
UH, TOWN ROAD IS A VDOT MAINTAINED SECONDARY HIGHWAY.
UH, PUBLIC COMMENTS, UH, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
AS A PREPARATION OF THIS SLIDE DECK, NO PUBLIC COMMENTS HAVE BEEN RECEIVED.
STAFF FINDINGS, UH, THE APPLICANT HAS PLACED TWO TRAVEL TRAILERS ON THE PROPERTY.
UH, THE TRAVEL TRAILERS RE REQUIRE A SPECIAL USE PERMIT.
UH, GENERALLY TRAVEL TRAILERS FOR HABITATION ADVERSELY IMPACT THE GENERAL CHARACTERS SURROUNDING AREA AND GENERALLY TRAVEL TRAILERS DO NOT CREATE AN ATTRACTIVE, HARMONIOUS COMMUNITY.
UM, TO ADD ONTO THIS, THEY DID HAVE A SPECIAL USE PERMIT PREVIOUSLY THAT WAS THREE YEARS THAT IS ABOUT TO EXPIRE.
SO THAT IS ALSO A PART OF THIS.
STAFF RECOMMENDS, UH, DENIAL OF SUSE 0 0 0 0 4 9 20 26 BASED ON TRAVEL TRAILERS ADVERSELY IMPACTING THE SURROUNDING AREA AND NOT CONTRIBUTING TO A HARMONIOUS COMMUNITY.
IF THE BOARD OF A, IF THE BOARD OF ZONING APPEALS APPROVES THIS SPECIAL USE PERMIT, WE RECOMMEND THE FOLLOWING CONDITIONS.
THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND PLOT PLAN AS SUBMITTED.
UH, NUMBER THREE, THE SPECIAL USE PERMIT SHALL BECOME NULL AND VOID SHALL THE PROPERTY BE SOLD OR TRANSFERRED.
UM, FOR NUMBER FOUR, THE APPROVAL IS FOR TWO UNITS.
TWO UNITS AND IS ONLY FOR THE APPLICANT'S OR THEIR FAMILY.
UH, NUMBER FIVE, THE SPECIAL USE PERMIT SHALL EXPIRE TWO YEARS FROM THE DATE OF ISSUANCE.
NUMBER SIX, THE APPROVAL DOES NOT INCLUDE SHORT-TERM RENTAL OF THE SITE.
UH, NUMBER SEVEN, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE TRAVEL TRAILERS ARE 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.
SO BEFORE WE GO INTO THE MOTION, I JUST WANNA BE, WHATEVER MOTION WE DO IS GOING TO BE FOR TWO UNITS, NOT ONE 'CAUSE THERE ARE TWO TRAILERS ON THE SITE.
THERE'S THE MOTION I CAN ANSWER QUESTIONS THAT YOU HAVE.
MR. JONES, IS THIS THE SECOND RENEWAL? THIS IS THE FIRST RENEWAL.
AND THEY'VE NEVER EXPRESSED ANY DESIRE TO BUILD THERE? AS FAR AS I UNDERSTAND, THERE ISN'T A DESIRE TO BUILD.
UM, THEY ARE USING THE PROPERTY FOR BASICALLY HUNTING PURPOSES.
WELL, THEY, THEY HUNT ON OTHER PROPERTIES IN THE SURROUNDING AREA AS I UNDERSTAND IT.
UH, WOULD YOU LIKE TO SPEAK TO US? YES, SIR.
WOULD YOU GIVE US YOUR NAME AND THEN I NEED TO SWEAR YOU IN.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH ON ALL MATTERS THAT ARE BEFORE US? YES, SIR.
WHAT WOULD YOU LIKE TO SHARE WITH US? UM, FIRST OF ALL, I'D LIKE, UH, THANK YOU FOR YOUR TIME AND, UM, THANK YOU FOR THE PREVIOUS THREE YEARS OF APPROVING, UM, MY SUPPOSED USE, I BOUGHT THIS PROPERTY ABOUT FOUR YEARS AGO.
IT HAD A DECREPIT HOUSE ON IT.
UM, SO I HAD, I, I GOT A PERMIT, PAID A COMPANY TO COME IN AND TAKE THE HOUSE DOWN.
UM, EVERYTHING LEGAL TOOK SOME TREES.
SO I FEEL THAT I HAVE INCREASED THE VALUE, INCREASED THE, UM, PRESENTATION OF THE PROPERTY FROM WHAT IT WAS PREVIOUS TO WHAT I BOUGHT IT.
UM, ONLY ONE OF THE CAMPERS STAYS THERE YEAR ROUND.
THE OTHER ONE LEAVES QUITE OFTEN.
SO IT IS FOR HUNTING PURPOSES.
I LIKE TO BRING MY WIFE AND FAMILY AND DOGS OVER HERE ON THE WEEKENDS.
UM, I'M A VETERAN FROM VIRGINIA BEACH.
THIS, YOU KNOW, I LOVE IT OVER HERE AND IT REMINDS ME OF THE MIDWEST.
SO JUST, UM, IT'S REALLY FOR RECREATIONAL PURPOSES.
I DO HAVE PLANS TO, UM, EVENTUALLY MAKE THIS MY PERMANENT HOME.
I DON'T KNOW IF THIS PROPERTY BEST FITS MY NEEDS.
THERE IS A, WELL, I'M WORKING ON A WELL IN A PREVIOUS SE SEPTIC THAT I HAVE TO DO FURTHER RESEARCH AND HOW TO GET IT UP AND GOING.
BUT, UM, IT'S REALLY, I'M ACTIVE IN THE COMMUNITY.
I, I KEEP MY PROPERTY CLEAN, PICK UP TRASH ALONG TOWN ROAD.
I BUY BY ALL THE, YOU KNOW, CUT UP TREES WHEN THEY FALL ACROSS.
I BUY, BUY ALL THE, ALL THE, ALL THE RULES AND EVERYTHING.
[00:35:01]
PROPERTY WITH TRYING TO FIND MY FOREVER HOME.UM, I HAVE A FATHER FIGURE OVER HERE WHO BROUGHT ME OVER HERE FIVE YEARS AGO WHO HAVE CAMPERS AND THEY'VE RECENTLY RETIRED AND BOUGHT HOMES OVER HERE.
SO THAT'S MY, MY PLAN, WHETHER TO TRY TO FIGURE OUT IF I CAN DO ANYTHING ON THIS PROPERTY OR FIND A, A FUTURE PROPERTY.
ANY QUESTIONS? MR. THE, SO, UH, HOW MANY DAYS A YEAR DO YOU FIGURE YOU USE THEM, SIR? I'M PROBABLY OVER HERE ALTOGETHER PROBABLY 60, 75 DAYS A YEAR.
BETWEEN COMING OVER AND MAINTAINING THE PROPERTY, WORKING WITH SOME FARMERS OF SETTING UP HUNTING SPOTS, AND THEN THE ACTUAL HUNTING SEASON.
SO SOMEWHERE AND, AND ONE OF 'EM MOVES AWAY.
ONE OF 'EM MOVES AWAY, NOT REALLY DURING HUNTING SEASON, BUT IT DOES MOVE AWAY, UH, QUITE OFTEN FOR, FOR HIS FAMILY TRAVEL MM-HMM
I DON'T HAVE A FIFTH WHEEL VEHICLE.
I PAID SOMEBODY TO PARK IT ON THERE.
SO I HAVE REALLY NO MEANS TO MOVE IT ON AND OFF.
SO THAT ONE DOES STAY YEAR ROUND, BUT IT STAYS, YOU KNOW, IT STAYS MAINTAIN THE PROPERTY STAYS MAINTAINED YEAR ROUND.
I, I HAVE A QUESTION FOR MR. JONES, IF THERE NO, THANK YOU.
SO YES, THIS IS NEXT TO THE AREA WHERE THE PLANNED EXPANSION FOR THE COMMONWEALTH IS.
I BELIEVE THIS IS A LITTLE FURTHER NORTH THAN THE PLANNED EXPANSION.
I THINK IT'S, UM, LEMME SEE IF I CAN, UM, I BELIEVE THE TURNOFF THAT EVENTUALLY TAKES YOU TO PLANTATION ROAD IS LIKE DOWN THERE SOMEWHERE.
SO IT'S JUST NORTH OF POPLAR COVE ROAD? YES, SIR.
IT'S, IT'S CLOSE, BUT IT'S NOT DIRECTLY ADJACENT.
WE ALSO HAVE SOMEONE SIGNED UP, LAWRENCE MAGGI JR.
DID YOU WANT TO SPEAK, SIR? WOULD YOU GIVE US YOUR NAME AGAIN? LAWRENCE KEITH MAG JR.
DO YOU SWEAR TO TELL THE TRUTH, WHOLE TRUTH AND NOTHING BUT THE TRUTH ON ALL MATTERS BEFORE US TODAY? YES, SIR.
WHAT WOULD YOU LIKE TO SHARE WITH US? UM, I, I'M A PART PROPERTY OWNER OF THE 40 ACRES THAT'S NEXT TO THAT.
UM, JUST KIND OF HERE TO ADVOCATE FOR MR. STEWART.
LIKE, LIKE HE SAID, THERE WAS A DILAPIDATED HOUSE THERE.
HE'S DONE, UH, WONDERS WITH THAT PROPERTY, UM, YOU KNOW, HELP TO KEEP UP CLEAN THE AREA.
UM, UH, AND, AND HE'S A, HE'S A HUNTING FRIEND OF MINE.
UM, SO JUST HERE TO ADVOCATE, UH, AND KIND OF GIVE COMMENTS AND SUPPORT.
SO, AND IF ANYONE HAD ANY QUESTIONS FOR ME, GLAD THEY TAKE THANK, THANK YOU.
CINDY, DO YOU HAVE ANYTHING ELSE YOU NEED TO SHARE WITH US? NO, SIR.
RE UM, I DO REQUEST THAT I, UM, THAT I DO GET APPROVED FOR THE, THE NORMAL THREE YEARS AND THEN I CAN, I'M MORE THAN WILLING TO COME BACK IN THREE YEARS AND, AND, UH, APPLY FOR ANOTHER ONE.
UH, YOUR, YOUR WASTE AND YOUR WATER, HOW ARE YOU HANDLING THAT MISS? SO RIGHT NOW I BRING ALL THE WATER WITH ME.
UM, I'M WORKING ON, WE DID FIND THE, WELL, SO THAT, THAT IS GONNA BE MY FIRST PROJECT THIS SPRING, OR NOW WE'RE GOING INTO SUMMER IS, IS TO GET THE WELL UP AND GOING.
AND THEN WE, WE, UM, WE TRANSFER ALL, ALL OF OUR GRAY WATER, BLACK WATER OUT WITH US AND, AND, AND TAKE IT TO THE APPROPRIATE DUMPING SITES AND PAY.
AND WE PAY YOU A FEE TO HAVE THAT DONE.
UH, HAVE SOMETHING YOU'D LIKE TO SHARE WITH US AND WOULD YOU JUST MINDFUL OF WHO YOU ARE, LEE PAM, A DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT.
I'M ALSO THE DESIGNATED ZONING ADMINISTRATOR.
FIRST OF ALL, I'D LIKE TO POINT OUT THAT THE THREE YEARS IS NOT A STANDARD THAT'S OUTLINED IN THE ZONING ORDINANCE.
AND AT THIS POINT, WHAT, WHAT DID WE RECOMMEND TO YES, SIR.
BECAUSE THERE WAS A, UH, A PREVIOUS SPECIAL USE PERMIT ON THIS
[00:40:01]
ONE APPROVED FOR THREE YEARS.UH, WHAT WAS THE, WAS THE PREVIOUS SPECIAL USE PERMIT SUBJECT TO, TO PROVING THAT, UH, THAT THEY WERE GONNA BUILD A HOUSE ON THAT? NO.
WELL, I, I WOULD JUST ASK THE BOARD OF ZONING APPEALS TO NOT EXTEND THIS ONE FOR, NOT EXTEND, BUT TO APPROVE THIS ONE FOR THREE YEARS, BUT AT A MAXIMUM TWO, PREFERABLY ONE BECAUSE EVIDENTLY, UH, I'VE BEEN SPEAKING WITH THE, UH, UH, UH, WITH THE ZONING INSPECTOR AND, UH, I'D LIKE TO SEE THAT REDUCED TO ONE SO THAT THE APPLICANT WILL COME BACK NEXT YEAR FOR, UH, THAT WE HAVE ONE YEAR TO BASICALLY, UH, UM, UH, OBSERVE THE PROPERTY TO MAKE SURE THAT ALL OF THE, UH, CONDITIONS ARE BEING MET AND THAT, THAT, THAT ONE YEAR BE, UH, UH, BE USED AS A, UH, YOU KNOW, IN INTERMEDIATE TIMEFRAME IN ORDER TO MAKE SURE THAT THE CONDITIONS ARE BEING MET.
THAT'S GONNA BE GENERALLY MY COMMENT FOR MOST SPECIAL USE PERMITS REGARDING RVS FROM HERE ON OUT.
YOU HEARD THAT? DO WE HAVE ANY, ANY OTHER QUESTIONS FOR SGIN? AND SO SGIN, WE NEED TO MAKE SURE THAT WE'RE, WE'RE, UH, WHEN WE MAKE A MOTION, WE'RE CLEAR THAT IT'S FOR TWO UNITS AND NUMBER FOUR.
AND FOR, UH, A MAXIMUM OF TWO YEARS AND MAYBE ONE YEAR IN THE MOTION ON NUMBER FIVE.
RIGHT? THAT'S WHAT I'M SAYING.
FOLLOWING UP WITH, UH, WHAT LEE SUGGESTED FOR ONE YEAR, IF WE OBSERVE THIS PROPERTY FOR ONE YEAR, LOOKING AT THESE CONDITIONS THAT WERE HOTLINED HERE, WHAT ARE WE DOING BY JUST OBSERVING THE PROPERTY FOR ONE YEAR? LEE INSURANCE COMPLIANCE WITH THE CONDITIONS.
HE GOT, HE GOT, EXCUSE ME, HE GOT THREE YEARS AS A, WHAT I WOULD CONSIDER A, A COURTESY BY THE BOARD OF ZONING APPEALS WHEN TWO IS STANDARD.
IS YOUR QUESTION SUFFICIENTLY ANSWERED? UH, OKAY.
I, I THINK THE APPLICANT WANTS TO SPEAK.
JUST WANTED TO SAY THAT, UM, I, I APPRECIATE HIS COMMENTS ABOUT THE ONE YEAR, BUT I HAVE PROVEN OVER THE LAST THREE YEARS THAT I, I HAVE BEEN ABLE TO ABIDE BY, YOU KNOW, ALL GUIDELINES AND ALL WITH NO COMPLAINTS.
SO AT THIS REQUEST, YOU KNOW THAT AS MUCH TIME AS POSSIBLE IN BETWEEN THE APPROVALS.
THANK YOU, MR. CHAIRMAN OR MAY MAYBE SEND YOU, SO UNDER APPLICATION PACKET ONE C MULTIPLE REQUESTS FOR THE SAME USE OF $530.
SO THE APPLICANT WOULD'VE TO PAY $530 PLUS FEES.
EVERY, SO IT'S USUALLY THE, USUALLY THE $530 IS IN THE EVENT THAT YOU HAVE A SPECIAL USE PERMIT AND A VARIANCE, WE LOOK AT THE TWO TRAVEL TRAILERS IS THE SAME.
SO EVERY TIME HE WOULD HAVE TO COME BACK, HE'D PAY ANOTHER 400 BUCKS PLUS NEWSPAPER AND ALL THAT.
NOW THE $400 IS ALL INCLUSIVE.
DO YOU HAVE A QUESTION? UM, I BELIEVE THAT THE REGULATIONS IN THE COUNTY FOR THIS TYPE OF USE IS UNDER REVIEW OR IMPROVEMENT.
AND I, I THINK THE OTHER THING THAT MR. PBIT IS GETTING AT IS THAT IN A YEAR'S TIME, WE MAY BE DONE WITH THAT AND HAVE FURTHER GUIDELINES MORE APPROPRIATE FOR THIS TYPE OF USE.
THAT'S FAIRLY PERVASIVE IN THE COUNTY WHERE WE, WE'VE GOT THESE OUTCROPPINGS ALL OVER THE PLACE AND I AGREE WITH HIS COMMENTS THAT, THAT, YOU KNOW, FOR US TO COME UP WITH THE PROPER REGULATORY COMPLIANCE ISSUES AND THAT IN ONE YEAR WE MAY BE AT THAT POINT.
AND, AND, UH, SO WITH THAT SAID, ARE YOU READY TO MAKE A MOTION? BUT, BUT I WOULD SAY THAT I THINK THAT, YOU KNOW, A SEPTIC AND WELL WOULD CERTAINLY, I FACILITATE THINGS AND IF, YOU KNOW, FOR, FOR UH, SOMETHING YOU KNOW, UH, YOU KNOW, A MOBILE HOME OR SOMETHING, ANYTHING IN THERE, YOU KNOW, THEN
[00:45:01]
YOU WOULDN'T HAVE TO COME BACK IF YOU FOLLOW ME ON THAT, YOU KNOW, AND, UH, I DON'T KNOW WHY WE DID THREE YEARS BEFORE, BUT ISO YOU READY FOR A MOTION? YES.
I MOVE THAT TO MACK COUNTY BOARD OF ZONING APPEALS APPROVE SUSE 0 0 0 0 4 9 DASH 2026.
A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 14 TO ALLOW FOR A TRAVEL TRAILER HABITATION ON PARCEL 85 DASH TWO DASH FOUR H WITH THE NINE CONDITIONS RECOMMENDED BY STAFF WITH, GO TO THOSE WITH, UH, ADJUSTING IT TO ONE YEAR FROM THE DATE OF ISSUANCE.
AND FOR TWO UNITS, PARDON ME? NUMBER FOUR HAS TO BE CHANGED TO TWO UNITS, CORRECT? I SAY ONE YEAR.
BUT NUMBER FOUR HAS THE WRONG UNIT.
OPPOSED? NO, IT'S BEEN, THANK YOU SIR.
THAT'S IT FOR THE SPECIAL USE PERMIT CASES.
THIS IS, UH, MR. LISI, THIS IS VARIANCE 0 0 0 0 4 2 20 26.
THIS IS CREATING A LOT WITH MULTIPLE VARIANCES.
THE APPLICANT AND THE PROPERTY OWNER ARE, UH, MR. LISI.
THIS IS, UH, 1 5 0 2 BAYFRONT STREET OR TAX MAP NUMBER FIVE B DASH A DASH 94.
UH, IT'S APPROXIMATELY A LITTLE OVER HALF AN ACRE.
UH, THE ZONING IS RESIDENTIAL FUTURE LAND USE RECOMMENDATIONS AG UH, THE CURRENT USE IS RESIDENTIAL IN NATURE.
ADJACENT ZONING OR ADJACENT USES IS, UH, A WIDE ARRAY OF SINGLE FAMILY DWELLINGS AND ALSO SOME VACANT PROPERTIES.
UH, BASICALLY THIS IS WHAT THEY WANT TO DO.
HE IS TRYING TO CREATE A SECOND LOT IN THE BACK, UM, ACCESSED BY THIS EASEMENT HERE.
THIS IS THE SITE, UH, ZONE RESIDENTIAL, UH, FUTURE LAND USE RECOMMENDATIONS AG, NOT AN RPA, UH, IT IS LOCATED IN A FLOOD ZONE, I BELIEVE THAT'S FOUR BFE.
THESE ARE SOME PICTURES OF THE SITE.
THIS IS A BAYFRONT STREET GOING NORTH.
THIS IS BAYFRONT STREET GOING SOUTH.
THIS IS VIEW OF THE PROPERTY FROM THE FRONT.
THERE IS A HOUSE ON THE ORIGINAL LOT AND THIS IS KIND OF A VIEW OF WHAT THAT BACK LOT'S GOING TO LOOK LIKE.
SO, UH, ZONING ORDINANCE CONSIDERATIONS 1 0 6 82 PROVIDES THE REGULATION FOR FRONTAGE.
THE MINIMUM FRONTAGE FOR PERMITTED USAGE SHALL BE A HUNDRED FEET AT THE SETBACK LINE.
UH, AND THEN 1 0 6 DASH 80 PROVIDES THE REGULATION FOR AREA FOR LOTS CONTAINING OR INTENDED TO CONTAIN A SINGLE PERMITTED USE SERVED BY INDIVIDUAL WATER AND SEWER DISPOSAL SYSTEMS. MINIMUM LOT AREAS SHALL BE 20,000 SQUARE FEET.
UM, SO JUST TO GO BACK TO THAT SITE PLAN, THIS LOT HAS NO ROAD FRONTAGE.
THIS LOT DOES BOTH LOTS DO NOT MEET THE, UM, SQUARE FOOTAGE REQUIREMENTS.
THEY'RE BOTH BELOW 20,000 SQUARE FEET.
SO THERE'S A VARIANCE THAT'S NECESSARY FOR THOSE
SO NOW WE GO TO CONSIDERATIONS FOR VARIANCE APPLICATIONS.
UH, NUMBER ONE, STRICT APPLICATION SLASH UNREASONABLE RESTRICTION VERSUS ALLEVIATING HARDSHIP FROM A PHYSICAL CONDITION.
UH, THE ANSWER THERE IS, UH, NO, THE USE OF THE PROPERTY WOULD NOT CHANGE AND THERE IS NOT A HARDSHIP WITHOUT A VARIANCE.
THE PROPERTY COULD STILL BE USED FOR A SINGLE FAMILY RESIDENCE.
UH, NUMBER TWO, GOOD FAITH ACQUISITION AND NOT A SELF-CREATED HARDSHIP.
THE ANSWER THERE IS NO, WHILE THE PROPERTY APPEARS TO BE ACQUIRED IN GOOD FAITH, THE HARDSHIP IS CREATED BY THE APPLICANT CHOOSING TO SPLIT THE PROPERTY UP IN A WAY THAT IT NEEDS MULTIPLE VARIANCES.
UH, NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.
THE ANSWER THERE IS YES, GRANTING OF THE VARIANCE WOULD LEAD TO INCREASED DENSITY THAT WOULD BE A SUBSTANTIAL DETRIMENT TO ADJACENT NEARBY PROPERTY OWNERS.
UH, NUMBER FOUR, GENERAL OR RECURRING IN NATURE TO AMEND THE ORDINANCE TO ALLEVIATE THE SITUATION.
THIS REQUEST A SPECIFIC TO THIS CASE.
[00:50:01]
NOT OTHERWISE PERMITTED SLASH UH, WOULD THE PROPERTY NEED TO BE REZONED? THE ANSWER IS NO.THE USE OF THE PROPERTY FOR A RESIDENTIAL HOME WOULD NOT BE AFFECTED.
AND NUMBER SIX, IS THE REMEDY SOUGHT AVAILABLE THROUGH SPECIAL EXCEPTION? UH, THE ANSWER THERE IS NO, THERE IS NO OTHER PROCESS AVAILABLE TO HANDLE THIS REQUEST.
UH, UTILITIES OVERHEAD UTILITIES ARE ALONG BAYFRONT STREET WHILE IN SEPTIC ARE PRESENT AT THE SITE.
UH, TRANSPORTATION OF STREETS.
BAYFRONT STREET IS A STATE MAINTAINED SECONDARY ROADWAY.
IT IS WHAT I WOULD CONSIDER AVERAGE CONDITION ENVIRONMENTAL.
THE PROPERTY IS LOCATED IN A SPECIAL FLOOD HAZARD AREA THAT'S A FOUR BFE.
UH, PUBLIC COMMENT SLASH ADDITIONAL INFORMATION, UH, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT ORDERS PER STATE LAW.
AS A PREPARATION OF THIS REPORT.
UH, THREE PUBLIC COMMENTS IN OPPOSITION, UH, WERE RECEIVED.
STAFF FINDINGS, THE APPLICANT WISHES TO SPLIT OUT A PARCEL AND RESIDENTIAL ZONING.
UH, NUMBER TWO, THE PROPERTY WILL NOT MEET THE FRONTAGE REQUIREMENTS FOR RESIDENTIAL ZONING.
THE PROPERTIES WILL NOT MEET THE AREA REQUIREMENTS FOR RESIDENTIAL ZONING.
AND CREATING A PARCEL THAT DOES NOT COMPLY WITH THE ORDINANCE IS A SELF-CREATED HARDSHIP.
IT WOULD BE A SUBSTANTIAL DETRIMENT TO ADJACENT AND NEARBY PROPERTIES.
STAFF DOES NOT USUALLY MAKE RECOMMENDATIONS FOR VARIANCE CASES, HOWEVER, THE APPLICANT HAS NOT MET THE THRESHOLD OF APPROVAL FOR THE VARIANCE.
AND, UH, SHOULD THE BCA APPROVE THE VARIANCE, THE STAFF RECOMMENDS THE FOLLOWING CONDITIONS.
UM, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND NARRATIVE AS SUBMITTED.
UH, NUMBER TWO, THE APPLICANT SHALL COMPLY WITH THE RELEVANT HEALTH DEPARTMENT, VDOT AND COUNTY REGULATIONS FOR THE SPLIT OF THE PARCEL.
UM, NUMBER THREE, THE APPLICANT SHALL PROVIDE THE COUNTY A SUBDIVISION APPLICATION AND GOES THROUGH THE PROCESS TO APPROVE THE PLAT.
AND NUMBER FOUR, THE, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE VARIANCE LL AND VOID.
UH, THERE IS THE MOTION I CAN TRY TO ANSWER ANY QUESTIONS THEY HAVE IS MR. LISI HERE? OKAY, SO THE APPLICANT IS ACTUALLY NOT HERE.
UH, COULD YOU GO BACK TO THE CONDITIONS? YES.
THE APP NUMBER THREE, GIVEN THE REGULATIONS ABOUT SUBDIVISION APPLICATION AND ALL THAT, THAT'S GONNA REQUIRE SUBDIVISION VARIANCES UP THE GAZELLE.
THAT'S, THAT'S WHAT WE'RE ASKING FOR.
SO, SO THE ACTUAL FRONTAGE AND AREA REQUIREMENTS ARE FOUND IN THE ZONING ORDINANCE.
SO WE'RE DEALING WITH THOSE NOW.
AND THEN HE COULD GO THROUGH THE SUBDIVISION APPLICATION PROCESS, WHICH REQUIRES STORM WATER MANAGEMENT RUNOFF.
NOT, NOT FOR, NOT FOR SITUATIONS LIKE THIS.
HE'S NOT ASKING TO PLACE ANYTHING, HE'S JUST ASKING TO SPLIT THE PARCEL.
THEN THE SECOND, I'M SURE HE RAN IT BY, BUT I DIDN'T THINK A DEEDED EASEMENT WAS CONSIDERED ROAD FRONTAGE.
THAT'S WHY WE'RE, THAT'S WHY WE'RE ASKING FOR THE VARIANCE.
HE'S NOT DEEDING THE OF PROPERTY.
THE, THE, THE VARIANCE IS FOR ALL 100 FEET, WHICH IS THE MINIMUM, WHICH IS THE MINIMUM REQUIREMENT IN RESIDENTIAL.
MR. JONES, YOUR SITE PLAN IS SMALL IN SIZE.
IF I'M LOOKING AT IT CORRECTLY, IT IS 1 0 9 0.73 BY 220.41 IN DEPTH.
SO WHEN I DID THE MATH, IT APPEARS THAT THE LOT IS 24,307 SQUARE FEET.
YEAH, THAT, THAT DOES APPEAR TO BE RIGHT.
I BELIEVE IT COMES OUT TO, I BELIEVE EACH LOT IS SOMEWHERE BETWEEN 12,000, 13,000 SQUARE FEET ONCE THEY'RE SPLIT UP.
SO IN RESIDENTIAL DISTRICT, THE MINIMUM LOT SIZE IS 20,000 SQUARE FEET.
SO IT'S A LITTLE OVER WHAT IS REQUIRED FOR ONE LOT IN WOOD RESIDENTIAL? YES.
WELL, ARTICLE FOUR, SECTION 1 0 6 DASH 80.3 ALLOWS A SECOND HOUSE IN A RESIDENTIAL AREA, UM, WITH A LOT SIZE OF 12,000 SQUARE FEET.
IN OTHER WORDS, NOT A LOT SIZE, UM, AREA MM-HMM
SO IN OTHER WORDS, THE APPLICANT COULD PUT TWO HOUSES ON THIS
[00:55:01]
PROPERTY IF THEY ARE BOTH SERVED BY THE SAME WELL AND SEPTIC WITHOUT SUBDIVIDING.SO THEY WOULD MORE THAN LIKELY HAVE TO COME HERE TO GET FOR SPECIAL USE PERMANENT VARIANCES AS, AS I UNDERSTAND IT.
'CAUSE UH, 'CAUSE TWO DWELLINGS ON A SINGLE LOT IS NOT A USE BY.
SO IN RESIDENTIAL IT SAYS LOTS CONTAINING OR INTENDED TO CONTAIN SINGLE, SINGLE PERMITTED USE SERVED BY CENTRAL WATER AND SEWAGE DISPOSAL.
THE AR THE MINIMUM LOT AREA SHALL BE 10,000 SQUARE FEET AND DASH THREE IT SAYS FOR LOT CONTAINING OR, OR INTENDED TO CONTAIN MORE THAN A SINGLE PERMITTED USE SERVED BY CENTRAL WATER AND SEWAGE DISPOSAL, THE MINIMUM LOT AREA SHALL BE TWO UNITS 12,000 SQUARE FEET.
MY QUESTION IS, HE CAN PUT TWO HOUSES ON THIS LOT BECAUSE IT MEETS THE, UH, 12,000 SQUARE FEET PER HOUSE.
I'M GONNA BE HONEST, PER HOUSE, I'M NOT A HUNDRED PERCENT FAMILIAR WITH THAT.
AND THEN A DUPLEX IS ALSO PERMITTED BY ARIGHT IN A RESIDENTIAL ZONING DISTRICT.
SO IT APPEARS THAT WHETHER IT IS A DUPLEX OR TO TWO, TWO UNITS, IF IT'S SERVED BY THE SAME WATER AND SEPTIC, IT, IT IS A USE PERMITTED BY RIGHT.
THAT, THAT DOES APPEAR TO BE THE CASE.
THE ONLY, THE ONLY THING I WOULD ADD TO THAT IS WHILE IT'S USE PERMITTED BY RIGHT, WE DO HAVE THE POTENTIAL FOR A VARIANCE BECAUSE THERE IS, IF HE DOES TWO SEPARATE DWELLINGS, THERE'S FOR ONE, THERE'S THE, UH, THERE'S A SQUARE FOOTAGE LIMIT THAT'S IN THE DEFINITION OF ACCESSORY DWELLING, WHICH IS A 12, 1200 SQUARE FEET FOR A SECOND HOUSE.
IS THIS, IS THIS WOULDN'T BE A ACCESSORY.
ACCESSORY IS ONLY ALLOWED IN AG DISTRICT.
LET, SO MY QUESTION IS, IF HE DOESN'T SUBDIVIDE IT, HE CAN STILL PUT TWO HOUSES THERE.
THAT DOES APPEAR, THAT DOES APPEAR TO, TO TRACK CORRECTLY IF THEY'RE SERVED BY THE SAME S WATER.
THAT YEAH, I I I HAD A QUESTION THAT, THAT DOES APPEAR.
YEAH, I MEAN THE, THE ONLY THING THAT, THAT I WOULD ADD IS I THINK MR. LII IS PLANNING TO SELL THE LOT.
SEE? YEAH, SEE THAT'S WHERE I HAVE A PROBLEM.
IF WE APPROVE THIS, WE ARE CREATING TWO NON-CONFORMING, LOTS OF RECORD, WHICH GOES AGAINST THE ORDINANCE AND HE'S CREATING HIS OWN HARDSHIP.
THAT'S WHAT I'M THAT'S CORRECT.
THAT'S WHAT I'M TRYING TO GET TO.
LEE, DID YOU NEED TO SHARE WITH US AND THEN WE'LL GET TO YOU MR. SIBO? NO, I THINK MY QUESTION'S FOR ME.
UM, MS. MILBORNE, YOU ACTUALLY BRING UP A GOOD POINT ABOUT CENTRAL WATER AND SEWER.
AS I READ THE ORDINANCE, CENTRAL WATER AND SEWER AS IT PERTAINS TO SUBDIVISIONS ARE FOR LARGER SUBDIVISIONS AND NOT MEANT FOR THIS INSTANCE HERE, ONE VERSUS TWO.
WHAT I WOULD CAUTION THE BZA, UM, OR ADVISE THE BZA TO DO IS TO, UH, UH, IS TO ACTUALLY ALLOW THE STAFF TO KIND OF TAKE A LOOK AT THAT QUESTION OF CENTRAL WATER SEWER AND IF IT APPLIES HERE AGAIN, I UNDERSTAND THAT YOU'RE TALKING ABOUT ONE SYSTEM FOR TWO, FOR TWO UNITS OR FOR TWO LOTS.
BUT YOU KNOW, WHEN, WHEN I THINK OF CENTRAL WATER AND SEWER, IT'S, IT'S FOR A LARGER DEVELOPMENT, IT'S USUALLY FOR LARGER DEVELOPMENT, WHETHER THAT'S PRIVATE OR, UH, PRIVATE OR PUBLIC.
BUT IN ANY CASE, I WOULD ALSO SUBMIT THAT AS YOU HAD POINTED OUT, THEY'RE CREATING THEIR OWN HARDSHIP.
THE APPLICANT ISN'T EVEN HERE TO REPRESENT THEIR OWN APPLICATION.
AND, UM, AND THE, THE STAFF HAS ACTUALLY INDICATED THAT WHILE IT DOESN'T MAKE RECOMMENDATIONS ON VARIANCES, THE THRESHOLD FOR THE VARIANCE IN THIS CASE HAS NOT BEEN MET.
[01:00:01]
PRETTY MUCH ANSWERED MY QUESTION, BUT MY EXPERIENCE WITH TRAILER PARKS IS CENTRAL WATER AND SEWAGE IS A DIFFERENT DEFINITION THAN SHARED SEPTIC IN WATER.I I DON'T THINK THEY'RE THE SAME.
WHICH, WHICH THE, THE QUESTION BRINGS UP, DO WE NEED AN OFFICIAL INTERPRETATION THERE, WHICH THE STAFF IS NOT PREPARED TO MAKE AT THE PODIUM? OKAY, THANK YOU.
DID YOU HAVE ANY COMMENTS ON THAT? WELL, MY ONLY FAR IS THAT IF WE SUBDIVIDE THIS LOT THAT IS ONLY LARGE ENOUGH IN RESIDENTIAL DISTRICT FOR ONE USE, ACCORDING TO THE ORDINANCE, WE ARE CREATING TWO NON-CONFORMING LOTS OF RECORD IN A RESIDENTIAL DISTRICT.
ARE THERE ANY OTHER QUESTIONS FOR SYNGENT? WE DO HAVE FOLK WHO HAVE SIGNED UP TO SPEAK ON THIS.
AND SO IF THERE ARE ANOTHER QUESTIONS FOR SYNGENT, WE WILL HEAR FROM THEM.
AND, UH, I DO WANNA REMIND ON THE PUBLIC COMMENTS YOU ARE LIMITED IN YOUR TIMEFRAME AND SOME OF YOU HEARD LETTERS FROM.
AND SO, UH, AT THIS TIME, THANK YOU, UH, DAN, AND I THINK WE GOT A LETTER FROM YOU AS WELL, DAN? YES, SIR.
AND SO WHAT WOULD YOU LIKE TO SHARE WITH US THAT I DIDN'T GET FROM THE MATTER ON THE, UH, CERTIFIED LETTER FROM THE COUNTY OF MACK THAT I RECEIVED? IT SAYS RIGHT IN HERE THAT THE APPLICANT INTENDS TO SUBDIVIDE THE PARCEL INTO TWO BUILDABLE LOTS.
I JUST WANTED TO CLARIFY THAT BECAUSE I THINK YOU THAT IS TRUE.
YEAH, BECAUSE I I I DIDN'T THINK THAT THAT WAS CLEAR.
WOULD YOU GIVE US YOUR NAME? OH, YES SIR.
DAN, DO YOU SWEAR TO TELL US THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH? I DO.
NO, THAT WAS, THAT WAS ON ME
AND DID YOU GUYS ALL GET THE CHANCE TO READ THE LETTER? THIS IS OKAY.
DOES ANYBODY HAVE ANY QUESTIONS FOR DAN BEFORE WE LEAVE? OKAY.
UH, SHANE, WOULD YOU GIVE US YOUR FULL NAME? SHANE RADER.
SHANE, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH ON ALL MATTERS THAT ARE BE FORCED TODAY? I DO.
WHAT WOULD YOU LIKE TO SHARE? UM, I HAVE LEGITIMATE SAFETY CONCERNS.
I ACTUALLY LIVE ON, UH, A HOUSE THAT BORDERS UP AGAINST THE BACK PART OF THIS PROPERTY RIGHT HERE ON THE SIDE.
IF WE PULL UP ANOTHER, GO BACK TO THE MAP, MY REAL CONCERN IS A LEGITIMATE SAFETY CONCERN FOR IF WE SUBDIVIDE THIS, UM, I AM ACTUALLY WHAT WOULD BE FIVE BA 87 ON THAT MAP.
FIRST OF ALL, HE, WHAT HE HAS CLEARED OFF THE LAND THAT HE HAS CLEARED OFF THERE IS MUCH LARGER THAN THIS SECTION HE HAS THERE LISTED TO START WITH.
UH, AND THEN THE SECOND PART IS IF WE SUBDIVIDE THAT, IF YOU LOOK, YOU CAN'T REALLY SEE IT, BUT THERE IS A DRAINAGE DITCH THAT THAT RUNS THROUGH THE LITTLE BIT BEHIND THAT PROPERTY.
AND BASICALLY WHERE FIVE BA EIGHT SIX AND FIVE B EIGHT FIVE BA EIGHT SEVEN MEETUP, THERE IS A WET WEATHER DITCH, A DRAINAGE DITCH THAT IS CUT CLEAR THROUGH THERE THAT HOLDS WATER ALL GEAR GROUND.
THERE'S ALSO ANOTHER DRAINAGE DITCH THAT IS CUT BETWEEN HIS PROPERTY AND THE ONE THAT IS FIVE BA NINE THREE.
WHEN THE WATER COMES UP AND IT DOES IN GREEN BACKFIELD, IT HAPPENS EVERY FULL MOON I GET WATER IN MY BACKYARD.
OR WHEN WE GET A STORM THAT IS ONE OF THOSE THAT BRINGS UP THE TIDE OR SOMETHING LIKE THAT, THE PEOPLE THAT WILL BE IN THE PROPERTY THAT, THAT HE'S TRYING TO MAKE BEHIND WON'T HAVE A WAY TO GET OUT BECAUSE OF THE DRAINAGE DITCHES THAT ARE CUT ON BOTH SIDES.
THE ONLY WAY THAT THEY WILL HAVE TO GET OUT IS BACK ONTO BAYFRONT STREET, WHICH THEY WON'T NOTICE WILL BE UNDERWATER BECAUSE OF THEIR VIEW BEING BLOCKED BY EVERYTHING IN FRONT OF THEM.
THEY WILL LITERALLY BE STRANDED THERE BEFORE THEY KNOW IT.
DOES ANYONE HAVE ANY QUESTIONS? IF YOU WOULD LIKE GUYS' LIKE, COME DOWN TO MY HOUSE,
AND IS IT CARRIE OR IS IT CARRIE? YES.
WOULD YOU GIVE US YOUR FULL NAME? CARRIE BISHOP.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH ON ALL MATTERS BEFORE US? I DO.
WHAT WOULD YOU LIKE TO SHARE WITH US?
[01:05:01]
I'M AT 1490 BAY PRINCE STREET, DIRECTLY EAST AND ADJOINING HIS PROPERTY, THEY'RE, THERE ARE TWO LOTS RIGHT ACROSS FROM OUR TWO HOUSES WITH ANOTHER CULVERT THAT GOES UNDER THE ROAD WHERE THERE'S A CHANNEL CUT FROM GREENBACK BAY FROM THE MARINA.UM, IT FLOODS FIVE, SIX TIMES A YEAR.
I MEAN, CONTINUALLY, I, I HAVE A THREE FOOT RETAINING WALL IN FRONT OF MY PROPERTY AND I HAVE PICTURES OF WAVES CRASHING OVER THAT BARRIER.
AND AS FOR THE SEPTIC AND WATER, HE'S ALREADY ON A SHARED, WELL, THIS WAS ORIGINALLY IN 1920, THE DOOR SISTER'S HOUSE.
MINE WAS RAISED IN MODIFIED 20 YEARS AGO.
I BOUGHT IT IN 2017 AND I GOT ITS FIRST CERTIFICATE OF OCCUPANCY.
IT WAS A BEAR STRUCTURE WITH NOTHING IN THE HOUSE, NO WIRES, NO ELECTRIC.
WE DIDN'T EVEN KNOW WHERE THE WELL WAS.
BUT HE HAS A SHARED, WELL HE DOESN'T KNOW THIS YET, BUT HE HAS A SHARED WELL WITH ME THAT SITS ON HIS PROPERTY THAT HE ACTUALLY HAS NO RIGHT TO AT THIS TIME BECAUSE THE EARLIER HOME OWNERS DID NOT PAY THEIR HALF OF THE WELL REPAIR WHEN IT BROKE.
AND ONCE THEY DID THAT, IT BECAME MY WELL ON HIS PROPERTY.
BUT HE HAS TO GIMME ACCESS TO AND WHERE HE IS TALKING ABOUT TEARING DOWN AND PUTTING A DRIVEWAY AND ALL THIS, IT'S GOING RIGHT OVER TOP OF MY WELL AND HE CAN'T COVER THAT UP.
WITHOUT THE APPLICANT BEING HERE AND HEARING FROM THEM, ARE WE GOING TO ACT UPON IT OR WE HAVE, WE HAVE A COUPLE CHOICES.
GO AHEAD AND GET IT, GET IT OPEN.
I, I THINK WE SHOULD ACT IF THEY'RE NOT SHOWING UP AS A SIGN, NOT SHOWING UP.
I THINK THE POINT GRACIE MADE IS, IS GOOD ABOUT, YOU KNOW, RECREATING THAT TWO ILLEGAL LIVES AND FROM THE TESTIMONY WE'VE HAD AND MULTIPLE OPPOSITIONS.
UH, IS ANYONE READY TO MAKE A MOTION? ALRIGHT.
I MOVE THAT THE AKIMA COUNTY BOARD OF ZONING APPEALS DENY VARIANCE 0 0 0 0 4 2 DASH 2 0 2 6, A VARIANCE OF 100 FEET FROM THE 100 FOOT FRONTAGE REQUIREMENT SET FORTH BY AKIMA COUNTY CODE SECTION 1 0 6 DASH 82, A VARIANCE OF SEVENTY EIGHT HUNDRED AND TWENTY SEVEN SQUARE FEET FROM THE 20,000 SQUARE FOOT AREA.
RECOMMENDED REQUIREMENTS SET FORTH IN AKIMA COUNTY CODE SECTION 1 0 6 DASH 8 0 2 FOR THE LOT BEING CREATED AND THE VARIANCE OF SEVENTY EIGHT HUNDRED AND TWENTY SEVEN SQUARE FEET FROM THE 20,000 SQUARE FOOT REQUIREMENTS SET FORTH IN AKIMA COUNTY CODE SECTION 1 0 6 DASH 8 0 2 FOR THE REMAINDER BLOCK FOR TAX PARCEL FIVE B DASH A DASH 94 WITH THE FOUR CONDI.
YOU KNOW, SINCE WE'RE DENYING IT, WE DON'T NEED THE CONDITIONS.
WE'VE GOT A MOTION BEFORE, SO WE HAVE A SECOND.
THE MOTION TO DENY HAS BEEN APPROVED, SO IT'S BEEN DENIED.
OKAY, SO THAT'S THE END OF THAT ONE.
SO NEXT UP WE HAVE, UH, TRIANGLE ENTERPRISES, INC.
THIS IS, UH, VARIANCE 0 0 0 0 5 0 20 26.
[01:10:01]
FRONT SETBACK VARIANCE IN THE AG DISTRICT.UH, APPLICANT IS, UH, MR. PETIT, UH, PROPERTY OWNER IS, IT'S IN THE, UH, TRIANGLE ENTERPRISES INC.
THIS IS, UH, 54 DASH A DASH ONE 13 B, APPROXIMATELY 0.36 ACRES.
UH, THE CURRENT PROPOSED USE IS A SINGLE FAMILY DWELLING.
UM, THIS IS THE SITE, UH, ZONED AG.
FUTURE LAND USE IS ALSO AG, NOT IN A FLOOD ZONE, NOT IN THE RPA.
THESE ARE SOME PHOTOS OF THE SITE.
THIS IS, UH, THIS IS, THIS IS A PICTURE OF THE ROAD GOING BACK TOWARDS, I BELIEVE IT'S ME, STATION ABOVE BLOCKS THEM, BUT THIS IS JUST NORTH OF BLOCKS THEM.
THIS IS, UH, THIS IS THE ROAD GOING TOWARDS THE BACK WAY TO BLOCKS THEM.
UM, THESE ARE, AND THESE ARE SOME PICTURES OF THE SITE.
SO WE ARE LOOKING AT A, UM, APPLICANT HAS BASICALLY, UH, BEEN RENOVATING THIS STRUCTURE AND HAS SINCE PLACED A, UH, A PORCH ON IT THAT'S MAKING IT CLOSER TO THE FRONT SETBACK THAN IT ALREADY IS.
THAT IS THE SITE AND OF ANOTHER VIEW OF WHAT THEY'RE PLANNING ON DOING.
SO WE GO TO ZONING ORDINANCE CONSIDERATIONS 1 0 6 DASH 56 PROVIDES THE RE THE REGULATION FOR SETBACK, UH, STRUCTURES ON ALL PUBLIC RIGHT OF WAYS SHALL BE SETBACK 50 FEET OR MORE FROM THE EDGE OF THE RIGHT OF WAY.
UH, SO NOW WE GO TO CONSIDERATIONS FOR VARIANCE APPLICATIONS.
NUMBER ONE, STRICT APPLICATION SLASH UNREASONABLE RESTRICTION VERSUS A LITIGATING HARDSHIP FROM YOUR PHYSICAL CONDITION.
RESPONSE IS NO, THE USE OF THE PROPERTY WOULD NOT CHANGE WITHOUT A VARIANCE.
THE PROPERTY COULD STILL BE USED FOR A SINGLE FAMILY RESIDENCE WITHOUT THE PORCH EDITION.
UH, NUMBER TWO, GOOD FAITH ACQUISITION, NOT A SELF-CREATED HARDSHIP.
WHILE THE PROPERTY APPEARS TO BE ACQUIRED IN GOOD FAITH, THE APPLICANT HAS CHOSEN TO BUILD THE PORCH SUCH THAT IT NEEDS OF VARIANCE.
NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES, UH, NO ADVERSE IMPACT IS ANTICIPATED.
UH, NUMBER FOUR, GENERAL OR RECURRING ENOUGH IN NATURE TO AMEND THE ORDINANCE.
THIS REQUEST IS SPECIFIC TO THIS CASE.
NUMBER FIVE, RESULT IN A USE NOT OTHERWISE PERMITTED SLASH DOES THE PROPERTY NEED TO BE REZONED? UH, NO.
THE USE OF THE PROPERTY FOR A RESIDENTIAL HOME WOULD NOT BE AFFECTED.
AND NUMBER SIX, IS THE REMEDY SOUGHT AVAILABLE THROUGH SPECIAL EXCEPTION? THE ANSWER IS NO.
THERE'S NO OTHER PROCESS AVAILABLE TO HANDLE THIS REQUEST.
UH, UTILITIES OVERHEAD UTILITIES ARE ON PAIN ROAD.
UH, PAYNE ROAD IS A STATE MAINTAINED SECONDARY HIGHWAY AND IT IS AN AVERAGE CONDITION.
AND THEN WE GO TO PUBLIC COMMENTS.
UH, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
AND AS OF PREPARATION OF THIS SLIDE DECK, NO PUBLIC COMMENTS FOR OR AGAINST HAVE BEEN RECEIVED.
THE APPLICANT HAS CONSTRUCTED A PORCH WITHOUT A PERMIT.
UH, THE PLACEMENT IS SUCH THAT REQUIRES A VARIANCE FROM THE FRONT SETBACK.
UH, CONSTRUCTING A PORCH THAT IS IN THE FRONT SETBACK IS A SELF-CREATED HARDSHIP, AND THE ROAD FRONTING THE LOT IS A SIDE ROAD WITH VERY LITTLE TRAFFIC.
STAFF DOES NOT USUALLY MAKE RECOMMENDATIONS FOR VARIOUS CASES, HOWEVER, THE APPLICANT HAS NOT MET THE THRESHOLD OF APPROVAL FOR THE VARIANCE.
HOWEVER, SHOULD THE BCA APPROVE THE VARIANCE, THE STAFF RECOMMENDS THE FOLLOWING CONDITIONS.
UH, NUMBER ONE, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND NARRATIVE AS SUBMITTED.
UH, NUMBER TWO, THE APPLICANT SHALL COMPLY WITH THE RELEVANT, UH, VDH VDOT AND COUNTY REGULATIONS, NOT FOR THE SPLIT OF THE PARCEL FOR THE BUILDING PERMIT.
UH, NUMBER THREE, THE APPLICANT SHALL APPLY FOR A BUILDING PERMIT FOR THE PORCH.
UH, NUMBER FOUR, THE APPLICANT SHALL PROVIDE TO THE COUNTY A SURVEY SHOWING THE PROPERTY LINES AND THE SETBACK DISTANCE FROM THE PROPERTY LINE OF THE PORCH.
SUBSET A, THE PROPERTY CORNER FLAG SHALL REMAIN IN PLACE UNTIL THE CERTIFICATE OF OCCUPANCY IS ISSUED, AND B, THE SURVEYOR SHALL PROVIDE A LETTER CONFIRMING THE ACCURACY OF THE MEASUREMENTS.
AND NUMBER FIVE, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE SPECIAL, UH, SHALL RENDER THE VARIANCE RATHER NULL AND VOID.
SO NUMBER TWO, IT'S NOT FOR SPLIT OF THE PARCEL, IT'S REGULATIONS FOR THE PLACEMENT OF THE PORCH.
UM, THAT'S THE MOTION I CAN ANSWER ANY QUESTIONS.
YOU HAVE ALSO, MR. PETTS HERE IF YOU HAVE ANY QUESTIONS FOR HIM.
QUESTION FOR, UH, MR. JONES, DID YOU IMPLY THEY WERE REDOING THE WHOLE HOUSE OR JUST THE PORCH? UH, IT'S THE, SO THE PORCH IS NEW.
THE PORCH IS NEW CONSTRUCTION.
THE, THE RENOVATIONS TO THE, TO THE HOUSE, THE HOUSE IS EXISTING, SO THE APPLICANT IS RENOVATING THE HOUSE.
[01:15:01]
THE PORCH IS NEW CONSTRUCTION.SO THE NO BUILDING PERMIT WAS APPLIED FOR THE INSIDE FOR, FOR EITHER.
AND THAT, THAT'S HOW WE CAME ACROSS THIS.
SO THE APPLICANT APPLIED FOR A RENOVATION PERMIT AND FOR THE PORCH, AND THAT'S WHEN WE FOUND THAT IT WAS TOO CLOSE.
THE HOUSE WAS ALREADY TOO CLOSE, BUT ADDING THE PORCH ONTO IT MADE IT CLOSER THAN, THAN THE HOUSE.
THAT, THAT IT APPEARS AS IF THE HOUSE WAS ALREADY YES, THEY, UH, AS FAR AS I'M AWARE, THEY ARE IN THE PROCESS OF, OF GOING THROUGH THAT PART OF THE PERMIT OF GETTING THE, OF GETTING THE, THE HOUSE RENOVATED.
BUT THE HOUSE HAS BEEN THERE FOR WHILE? THAT'S CORRECT.
THE HOUSE HAS BEEN THERE FOR A WHILE, A WHILE.
WILL IT ENCROACH ENCROACH FURTHER TO THE ROAD THAN THE HOUSE BESIDE OF IT? I BELIEVE THE ANSWER TO THAT QUESTION IS YES.
SO IF WE GO BACK, JUST CURIOUS.
SO YOU CAN SEE THERE, THERE'S THAT HOUSE RIGHT THERE, AND ALREADY WITH THE EXISTING STRUCTURE, IT WAS ALREADY IN FRONT OF THE HOUSE.
SO THE PORCH IS GOING FURTHER FORWARD AND THE HOUSE WAS ALREADY FORWARD TO THE HOUSE BESIDE IT.
ARE THERE ANY OTHER QUESTIONS FOR SEIN ON THIS? UM, I'M THINKING JUST FROM LOOKING AT THE HOUSE, IT APPEARS AS IF POSSIBLY THERE WAS A, A PORCH THERE BEFORE.
I MEAN, STUPID STUFF OR SOMETHING.
AS, AS FAR, AS FAR AS, I MEAN, JUST THE WAY IT LOOKS, AS FAR AS I AM AWARE, THERE WAS NOT A PORCH THERE BEFORE.
NOW THE, THE, MAYBE THIS IS SOMETHING THAT MR. PETOCK CAN ATTEST TO, BUT FROM WHAT I CAN LOOK AT ON THE AERIAL IMAGERY, IT DOESN'T APPEAR THAT THAT'S THE CASE.
NOW THEY, I WILL ADMIT THAT THE, IT'S BLURRY, BUT FROM WHAT, FROM WHAT I UNDERSTAND, THE PORCH IS NEW.
AND THIS IS FOR RESIDENTIAL OR RESIDENTIAL FOR RENT.
DID THE APPLICANT WANT TO SHARE ANYTHING WITH US? UH, YES SIR.
COULD YOU GIVE US YOUR FULL NAME, SIR? UH, ASHLEY PETIT.
ASHLEY, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH ON ALL MATTERS THAT ARE BEFORE US TODAY? YES, I DO.
WHAT WOULD YOU LIKE TO SHARE WITH US? OKAY.
UM, JUST WITH THE FACT THAT THE, I THINK THE, THE PROPERTY, UM, WE DID GET, OR I DID GET THE ORIGINAL PERMIT FOR THE RENOVATION.
UM, AND I WASN'T AWARE, UM, I GUESS WHEN I DID MY ORIGINAL PAPERWORK, I DIDN'T INCLUDE ANYTHING ABOUT A PORCH, SO THAT IS TRUE.
UM, AND, YOU KNOW, BUT JUST LOOKING AT THE PROPERTY AND STUFF LIKE THAT AND WHAT I FELT WOULD BE AN IMPROVEMENT TO THE PROPERTY, UM, ALSO THE, UH, I GUESS PROPERTY AND THE AREA, I DECIDED TO, UM, YOU KNOW, GO FORWARD WITH THE PORCH.
UM, IF I HAD KNOWN THAT IT WAS GONNA BE, UH, AN ISSUE OR, UH, APPROACHING ON SETBACKS, I OBVIOUSLY WOULD'VE SPOKEN TO SOMEONE FIRST.
UM, THERE WAS A, AND I, I WISH I COULD FIND THAT, FIND THAT PICTURE, BUT THERE WAS A PORCH LIKE STRUCTURE ON THE FRONT OF THE PROPERTY.
UM, AND THAT WAS, I'M NOT SURE IF THAT WAS SOME RESEARCH JUST DIGGING THROUGH THAT COUNTY WEBSITE, BUT IT, IT, IT DIDN'T GO OBVIOUSLY ACROSS THE, YOU KNOW, FRONT OF THE PROPERTY AS I'VE TAKEN THE NEW PORCH, BUT IT WAS MORE CONCENTRATED, UH, IN ONE AREA.
AND THEN IT HAD A, YOU KNOW, HAD A, A RAISED DECK.
UM, SO I'M THINKING THAT RAISED DECK WAS MAYBE ACROSS THE FRONT, UH, ACROSS ABOUT HALF OF THE FRONT OF THE HOUSE.
BUT THEY DID HAVE, UH, SOMETHING THAT AREA, THE, THE DISTANCE THAT THAT CAME OUT FROM THE HOUSE THAT WAS THERE WHEN WE STARTED WORKING ON THE HOUSE, UH, IS ABOUT THE SAME DEATH THAT I CAME OUT FROM, FROM THE HOUSE WITH THE, WITH THE NEW, UH, WITH THE NEWPORT PETITION.
ANY QUESTIONS FOR MR. BENNETT? THE, THE REASON I MADE MY COMMENT IS THAT IT, IT, IT WOULDN'T BE TYPICAL THAT YOU WOULD HAVE AN EXTERIOR DOOR JUST OPEN INTO NOWHERE, YOU KNOW? YES, SIR.
UH, ORIGINALLY THE HOUSE HAD TWO FRONT DOOR, I GUESS ALL THE HOUSES LIKE THAT, LOT OF THEM TO HAVE TWO FRONT DOORS.
UM, I MEAN THERE THAT DID HAVE ST ANOTHER DOOR STOOP OR SOMETHING MM-HMM
[01:20:01]
SIR.UH, ONE OF THE OTHER DOORS, ONE OF THE OTHER DOORS, THAT'S WHERE THE STOOP WAS LOCATED.
AND I THINK THAT WENT DIRECTLY INTO THE KITCHEN AREA.
A HOUSE LIKE THAT USUALLY HAD A HALF LITTLE ON THE FRONT.
NOT A SHED ROOF, BUT THE ONE WITH THE CORNER, RIGHT? MM-HMM
SO THE ALTERNATIVE IS IF WE DENY THE VARIANCE, THE CONSEQUENCES ARE WITH, IF WE DON'T THINK THINKING, YOU CAN TELL ME.
SO FROM, FROM WHAT I UNDERSTAND IS IF IT WAS IN THE TWO YEAR PERIOD, HE COULD REPLACE WHAT WAS THERE.
OF COURSE, WE WOULD NEED SOME EVIDENCE TO SHOW WHAT WAS THERE.
AND HE COULD BUILD BACK POTENTIALLY, DEPENDING ON TIMEFRAME, HE COULD BUILD BACK WHAT WAS THERE BEFORE WITHOUT COMING HERE FOR A VARIANCE.
IF, IF THE VARIANCE IS NOT YES.
WELL, THE QUESTION FOR MR. JONES IS IF THIS IS DENIED, IF HE PUTS A LITTLE FRONT PORCH ON FOR STEPS, DOES HE NEED A VARIANCE FOR THAT? UH, I WOULD SAY IF HE KEEPS WITHIN THE FOOTPRINT OF WHAT WAS EXISTING, THEN HE WOULD NOT.
BUT IF, BUT IF HE'S OUTSIDE OF THAT FOOTPRINT, WE WOULD NEED TO COME BACK AND GET A VARIANCE THEFT.
SO MICHAEL? YEAH, UH, I WAS THE ORIGINAL, UH, INSPECTOR THAT WENT OUT THERE AND BEFORE I THINK MR. PETOCK TOOK PLACE, THERE WAS SOMEONE CLEANING IT OUT.
THERE WAS A SMALL FRONT PORCH.
IT JUST DIDN'T GO TO WIDTH AS MR. PETOCK IMPROVED AND MADE THE WIDTH OF THE HOUSE.
BUT THERE WAS A SMALL FRONT PORCH, BECAUSE I WENT UP THERE ORIGINALLY, LIKE A YEAR AGO, AND PEOPLE WERE INSIDE CLEANING IT OUT, AND IT WAS JUST A SMALL LITTLE PORCH ON THE FRONT.
BUT OF COURSE HIS IS MORE IMPROVED AND IT'S BETTER.
BUT THERE WAS A SMALL PORCH THERE.
THANK YOU, MR. UM, SO THIS EXTENDS, UH, THERE'S NO DIMENSION.
THE PORCH GOES TO ABOUT 20 FEET.
BUT, UM, BUT THE PORCH IS LIKE SIX FEET.
I BELIEVE IT'S, I BELIEVE IT'S EITHER SIX OR SEVEN.
SO WHAT WAS ON THERE BEFORE WAS MAYBE FIVE FEET OR LESS? IT WAS, IT WAS SMALLER.
IT WAS A LITTLE SMALLER PORCH.
SO THEY WERE CLEANING THE INSIDE OUT WHEN I WENT UP THERE AND I ASKED HIM WHAT WERE THEY DOING? AND THEY, WE JUST CLEANING THE INSIDE OUT.
SO WHAT WAS THERE BEFORE MAYBE, SHALL WE SAY, EXTENDED FIVE FEET AND NOW HE'S GONE TO, SHALL WE SAY, OR EVEN FOUR FEET, AND HE'S GONE TO SEVEN FEET AND, AND MADE IT WIDER.
AND THIS IS A, A, A REMOTE ROAD.
ARE THERE ANY OTHER QUESTIONS? IF NOT, ARE WE READY TO MAKE A MOTION? YES, SIR.
I MOVE THAT THE CLIENT COUNTY BOARD OF ZONING APPEALS APPROVED VARIANCE DASH 0 0 0 0 5 0 DASH 2026, A VARIANCE OF 30 FEET FROM 50 FOOT SETBACK REQUIREMENTS SET FORTH IN THE AKIMA COUNTY CODE SECTION 1 0 6 DASH FIVE SIX ON TAX BARB FIVE FOUR DASH A DASH ONE THREE B WITH THE FIVE CONDITIONS RECOMMENDED BY STAFF.
GOT A MOTION? DO WE HAVE A SECOND? SECOND.
UM, THIS IS A FIRST HAITIAN BAPTIST CHURCH.
UH, THIS IS VARIANCE 0 0 0 0 5 3 20 26.
THIS IS ALSO A FRONT SETBACK VARIANCE IN THE, IN, THIS IS IN THE RESIDENTIAL DISTRICT.
UM, THE APPLICANT AND THE OWNER ARE THE SAME.
UH, THE LOCATION IS, UH, 75 DASH A DASH 28 4 2 6 3 2 DEEP CREEK ROAD.
UH, IT'S APPROXIMATELY 13 ACRES, UH, ZONE RESIDENTIAL.
THE REQUEST FOR A FRONT SETBACK VARIANCE, FUTURE LAND USE RECOMMENDATION IS AG.
UH, CURRENT AND PROPOSED USES ARE CHURCH.
UM, ADJACENT ZONING IS, UH, AGRICULTURAL AND RESIDENTIAL.
AND ADJACENT USES ARE, UH, SINGLE FAMILY DWELLINGS.
AND THERE IS SOME VACANT LAND AS WELL.
UH, SO THIS IS, UH, ROAD, THE ROAD GOING TOWARDS DEEP CREEK.
THIS IS THE ROAD GOING AWAY FROM DEEP CREEK.
UM, THIS IS THE STRUCTURE AS IT STANDS RIGHT NOW.
AND THIS IS A VIEW FROM THE STRUCTURE, UM, TO THE PROPERTY ACROSS THE STREET.
UM, SO THIS IS THE SITE, APPROXIMATELY 13 ACRES.
[01:25:01]
UH, THE CHURCH ITSELF IS IN RESIDENTIAL ZONING.THERE IS SOME AG ALONG THE BACK.
FUTURE LAND USE IS AG FOR THE WHOLE PARCEL.
IT ISN'T A FLOOD ZONE, I BELIEVE IT'S, UH, SEVEN BFE.
UM, THERE IS RPA ON THE PROPERTY, BUT NOT WHERE THE CHURCH IS.
UM, AND THIS IS THE SITE PLAN NOTING THAT, UM, IT'S APPROXIMATELY SEVEN FEET FROM THE EDGE OF THE RIGHT OF WAY, OR APPROXIMATELY 43 FEET FROM THE EDGE OF THE RIGHT OF WAY.
SO WE'RE ASKING FOR A SEVEN FOOT VARIANCE.
AND THESE ARE SOME PICTURES OF THE ADDITION THAT THEY WANNA DO.
THAT'S KIND OF A RENDERING OF WHAT IT'S GONNA LOOK LIKE AT THE END.
SO, UH, ZONING ORDINANCE CONSIDERATIONS 1 0 6 DASH 81 PROVIDES THE REGULATION FOR SETBACK AND, UH, STRUCTURES ON ALL PUBLIC RIGHTS OF WAY SHALL BE SET BACK 50 FEET OR MORE FROM THE EDGE OF THE RIGHT OF WAY.
CONSIDERATIONS FOR VARIANCE APPLICATIONS.
UH, NUMBER ONE, STRICT APPLICATION SLASH UNREASONABLE RESTRICTION VERSUS ALLEVIATING HARDSHIP FROM A PHYSICAL CONDITION.
THE ANSWER THERE IS NO, THE USE OF THE PROPERTY WOULD NOT CHANGE WITHOUT A VARIANCE.
THE PROPERTY COULD STILL BE USED AS A CHURCH.
UH, NUMBER TWO, GOOD FAITH ACQUISITION AND NOT A SELF-CREATED HARDSHIP.
WHILE THE PROPERTY APPEARS TO BE ACQUIRED IN GOOD FAITH, THE APPLICANT HAS CHOSEN TO BUILD THE ADDITION SUCH THAT IT NEEDS A VARIANCE.
UH, NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
UH, NUMBER FOUR, GENERAL OR RECURRING IN NATURE TO AMEND OR ORDINANCE TO ALLEVIATE THE SITUATION.
THE REQUEST IS SPECIFIC TO THIS CASE.
UH, NUMBER FIVE, RESULT IN A USE NOT OTHERWISE PERMITTED.
THE USE OF THE PROPERTY FOR A CHURCH WOULD NOT BE AFFECTED.
UH, NUMBER SIX, IS THE REMEDY SOUGHT AVAILABLE THROUGH SPECIAL EXCEPTION? AND THE ANSWER IS NO.
THERE'S NO OTHER PROCESS AVAILABLE TO HANDLE THE REQUESTS.
UH, UTILITIES, UH, OVERHEAD UTILITIES ARE LOCATED ALONG DEEP CREEK ROAD.
UH, DEEP CREEK ROAD IS A STATE MAINTAINED SECONDARY HIGHWAY THAT IS AN AVERAGE CONDITION.
UH, THE PROPERTY IS LOCATED IN A FLOOD HAZARD AREA, SEVEN BFE.
AND AS I'VE SAID BEFORE, THERE IS RPA ON THE PARCEL, BUT NOT WHERE, NOT WHERE THE ADDITION IS GOING.
UH, PUBLIC COMMENTS, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
AND AS A PREPARATION OF THIS REPORT, NO PUBLIC COMMENTS HAVE BEEN RECEIVED.
I DID RECEIVE, UH, ONE, UH, PHONE CALL FROM SOMEBODY THAT DID HAVE SOME CONCERNS ABOUT TRAFFIC THROUGHOUT THE AREA.
UM, BUT IT DOES NOT APPEAR THAT SHE MADE THE MEETING, UH, STAFF FINDINGS.
THE APPLICANT PROPOSES TO CONSTRUCT AN ADDITION TO THE FRONT OF AN EXISTING CHURCH.
THE PLACEMENT IS SUCH THAT IT REQUIRES A VARIANCE FROM THE FRONT SETBACK, UH, BUILDING AN ADDITION IN THE FRONT SETBACK IS A SELF CREATED HARDSHIP.
AND, UH, BLDC 0 0 0 3 3 5 20 26 WAS APPLIED FOR PROPOSING THE ADDITION, UH, STAFF RECOMMENDATIONS.
STAFF DOES NOT USUALLY MAKE RECOMMENDATIONS FOR VARIANCE CASES, HOWEVER, THE APPLICANT HAS NOT MET THE THRESHOLD FOR APPROVAL OF THE VARIANCE.
HOWEVER, SHOULD THE BZA APPROVE THE VARIANCE, THE STAFF RECOMMENDS THE FOLLOWING CONDITIONS.
CONDITIONS, THERE ARE FIVE OF THEM.
UH, NUMBER ONE, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION NARRATIVE AS SUBMITTED.
UH, NUMBER TWO, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VDHV NOT AND COUNTY REGULATIONS FOR THE BUILDING PERMIT.
NUMBER THREE, THE APPLICANT SHALL APPLY FOR AND BE APPROVED FOR THE BUILDING PERMIT.
UH, NUMBER FOUR, THE APPLICANT SHALL PROVIDE THE, TO THE COUNTY A SURVEY SHOWING THE PROPERTY LINES AND THE SETBACK DISTANCES FROM THE PROPERTY LINE TO THE PORCH.
WELL, JESUS SYNGEN TO THE ADDITION, UH, SUBSET, A, THE PROPERTY CORNER FLAG SHALL REMAIN IN PLACE UNTIL THE CERTIFICATE OF OCCUPANCY IS ISSUED.
AND B, THE SURVEYOR SHALL PROVIDE A LETTER CONFIRMING THE ACCURACY OF THE MEASUREMENTS.
AND NUMBER FIVE, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE VARIANCE SNELLEN VOID.
THAT IS THE RECOMMENDED MOTION.
ARE THERE ANY QUESTIONS FOR GIN ON THIS? YES.
UH, UH, MR. JONES, A SEA BOLT HERE.
IF YOU LOOK AT THE BACK ON THE, FOR INFORMATION ONLY SCHEMATIC.
IT SHOWS FIVE STEPS OF ELEVATION.
WHEN YOU LOOK AT THE ACTUAL PHOTOGRAPH, IT'S TWO STEPS.
GIVEN THAT, THAT, I MEAN, LET ME, OKAY.
GIVEN THE 50% COST OF CONSTRUCTION, IF IT'S OVER THAT YOU HAVE TO BUILD, REDO EVERYTHING TO CODE, IS THAT GONNA BE AN ISSUE HERE?
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'CAUSE YOU'RE IN A SPECIAL FLOOD ZONE AND YOU DON'T HAVE THE ELEVATION.THAT WOULD BE, THAT WOULD BE A QUESTION THAT WOULD BE HANDLED IN THE BUILDING PERMIT PROCESS.
SO THAT'S NOT, BUT THEN THEY COME BACK TO US AND WE HAVE TO, THAT THAT IS CORRECT.
UM, MY UNDERSTANDING IS THAT THIS, THIS MORE THAN LIKELY WILL NOT HIT THE 50%, BUT I, THAT WOULD BE A QUESTION I'D HAVE TO GET BACK TO YOU ON.
I WOULD HAVE TO TALK TO THE FLOODPLAIN MANAGER FOR THAT ONE, AND I'D HATE FOR THEM TO DO IT AND THEN HAVE TO FIND OUT THAT THEY'RE, YEAH, YEAH.
OH, HEY, THERE'S THE FLOODPLAIN MANAGER.
THE ADDITION WOULD HAVE TO BE PROPERLY ELEVATED.
UH, BUT IT DOES NOT APPEAR, BUT I DON'T KNOW THAT WE HAVE THE STATISTICS YET TO KNOW WHETHER OR NOT IT HITS THE 50%, BECAUSE I DON'T THINK, I DON'T THINK THAT TOO MUCH OF A VALUE OF IT.
I'D HAVE TO, THAT PART I HAVEN'T LOOKED AT IN A WHILE.
I MEAN, IT'S A COMMERCIAL STRUCTURE.
THE, THE ADDITION WOULD BE ELEVATED, BUT THE REST YOU'RE NOT SURE.
WELL, THAT DEPENDS ON IF IT HITS THE 50% THRESHOLD.
CAN YOU GIMME ONE MINUTE? ONCE WE'RE DONE WITH THAT, THEN WE'LL SWEAR YOU IN AND LET YOU SPEAK.
DO WE HAVE ANY OTHER QUESTIONS FOR CINDY? UH, IS, ARE YOU REPRESENTING THE, THE OWNER? YEAH.
WOULD YOU GIVE US YOUR NAME? CHARLES.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, THE WHOLE YES, I DO.
SO IF YOU GO BACK TO THE ORIGINAL PICTURE, THE ORIGINAL PICTURE ALREADY HAVE IT WHERE I SAT ONE PART, THE FRONT PORCH IS SITTING DOWN.
SO THE TWO, THE PART THAT WE ARE GONNA ADD ON IS TO, TO BOTH SIDES OF THE SAT DOWN.
AND ONE OF MY PLANS WAS TO HAVE STEPS GOING UP TO THE BATHROOM.
ON THE INSIDE OF THE BUILDING.
DO YOU HAVE QUESTIONS FOR HER? OKAY, GOOD.
IT APPEARS THAT THAT FOYER IS ALREADY THERE.
AND IT ALSO, ACCORDING TO THE SITE PLAN, IT, IT SHOWS THAT THE PROPOSED ADDITIONS ON EACH SIDE WILL NOT GO OUT FURTHER THAN WHAT THE FOYER IS ALREADY THERE.
ANY OTHER QUESTIONS FOR HE'S REPRESENTING THAT? OKAY.
DO WE HAVE ANY, ANY OTHER QUESTIONS ON BEFORE WE GET READY FOR, UH, A REC MOTION? YOU HAVE, I MOVE THAT ACK COUNTY BOARD OF ZONING APPEALS APPROVED VARIANCE.
UH, 50 WAS MR. PETIT'S FIVE THREE IS, UH, I'M SORRY.
A VARIANCE OF SEVEN FEET FROM THE 50 FOOT FRONT SETBACK REQUIREMENT SET FORTH IN THE MACK COUNTY CODE SECTION 1 0 6 DASH FIVE SIX ON TAX PARTIAL 75 DASH A DASH 28 5 CONDITIONS RECOMMENDED BY STAFF.
DO WE HAVE A MOTION BEFORE US? DO WE HAVE A SECOND? SECOND.
IT'S BEEN PROPERLY MOVED TO SECOND.
CAN I JUST EXPLAIN WHY? I THINK WE TEND TO BE NI JUST DON'T WANT 'EM TO GO THROUGH THE BUILDING PROCESS AND COME AND HAVE TO ELEVATE THE REST OF THE BUILDING AT A BIG COST.
I THINK THEY SHOULD DO THAT FIRST.
IT, IT HAS BEEN APPROVED THOUGH.
SO WITH NKM BEING CONTINUED, THAT'S ALL THE PUBLIC HEARING STUFF.
UM, AS FAR AS NEXT MONTH, WE HAVE, UH, TWO SPECIAL USE PERMIT CASES.
ONE IS FOR A, ONE IS FOR A SIGN.
UM, THE OTHER, THE OTHER I BELIEVE IS FOR AN ACCESSORY STRUCTURE, UH, WITHOUT A PRIMARY.
UH, WE ALSO HAVE AN APPEAL OF ZONING ADMINISTRATOR DECISION.
AND WE ALSO HAVE, SINCE NKM WAS CONTINUED, UH, JUNE WILL
[01:35:01]
ALSO HAVE NKM.AND WE ALSO HAVE AN ADDITION TO THE AGENDA THAT WE SPOKE OF EARLIER.
UH, THANK YOU MR. UH, UH, UH, MR. CHAIR AND, UH, THE MEMBERS OF THE BOARD.
AS I HAD MENTIONED AT THE BEGINNING, UH, PRIOR TO THE MEETING, WHICH HAD NECESSITATED AN AGENDA CHANGE, UH, AS YOU ALL KNOW, UH, THE JUPITER SCOUT ENERGY PROJECT, UH, HAS, UH, YOU KNOW, WE, WE'VE HAD SOME COURT PROCEEDINGS ON THAT YESTERDAY IN NORTH HAMPTON COUNTY CIRCUIT COURT WITH JUDGE LEWIS.
SO AS, AS GIN MEN OR MR. JONES, UH, MENTIONED, UH, THAT'S GONNA BE ONE OF YOUR CASES FOR NEXT MONTH.
NOW, I HAVE REQUESTED THAT THE COUNTY ATTORNEY, UH, PROVIDE JUST A BRIEF ON WHAT THAT MEANS FROM YESTERDAY'S DECISION.
AND, UH, THIS WILL JUST GIVE YOU A LITTLE BIT OF INSIGHT INTO WHAT THAT CASE IS GONNA BE FOR YOU FOR NEXT MONTH.
SO IT IS A LITTLE BIT COMPLEX, WHICH IS WHY I ASKED THE, UH, COUNTY ATTORNEY TO, UH, TO EXPLAIN.
THANK YOU, MR. CHAIRMAN AND MEMBERS OF THE BOARD.
YESTERDAY WAS A TOUGH DAY FOR ME.
UM, AS BACKGROUND IN 2022, THE BOARD OF SUPERVISORS APPROVED A USE PERMIT FOR A BATTERY ENERGY STORAGE SYSTEM ON ROUTE 1 75.
THE, THE CUP HAD A TERMINATION DATE.
THEY HAD TO BEGIN EITHER CONSTRUCTION OR THE USE.
WITHIN THREE YEARS OF THE, OF THE DATE THE CUP WAS ISSUED, THEY DID NOT DO.
SO THEY HAVE NOT STARTED CONSTRUCTION.
THEY HAVE NOT STARTED THE USE, OBVIOUSLY.
SO MR. PBIT, AS IN HIS ROLE AS ZONING ADMINISTRATOR, ISSUED A DETERMINATION THAT THE CONDITIONAL USE PERMIT HAD EXPIRED.
AND SCOUT STORAGE, WHICH IS THE OWNER OF THE, OF THE PROJECT, THEY HAVE APPEALED TO THIS BOARD, THAT DECISION.
AND THAT WILL BE COMING BEFORE YOU NEXT MONTH? I THINK.
SO IN THE MEANTIME, THEY, THEY BEGAN, THEY STARTED BUILDING AGAIN.
AND THE REASON IS, IF YOU FILE AN APPEAL WITH THIS BODY, THEN THERE'S A STAY AGAINST ENFORCEMENT OF THE MATTER APPEALED FROM.
SO THEY WENT RIGHT BACK TO WORK ON THE PROJECT.
AS SOON AS THEY FILED THE APPEAL BASED ON THAT STATUTORY STAY, WE THEN ISSUED A STOP WORK ORDER BECAUSE THEY WERE BUILDING WITHOUT A BUILDING PERMIT.
AND OUR ARGUMENT WAS THAT'S NOT ARISING OUT OF THE ZONING VIOLATION.
THAT IS A SEPARATE VIOLATION, SEPARATE LAW, A LAW THAT THIS BOARD HAS NO AUTHORITY OVER.
THEY WENT TO COURT, THEY BROUGHT US INTO COURT FOR A PRELIMINARY INJUNCTION THAT WOULD PROHIBIT THE COUNTY FROM ENFORCING THE BUILDING CODE.
IN OTHER WORDS, REQUIRE THE COUNTY TO ISSUE A BUILDING PERMIT FOR THE WORK ON THE SITE.
UM, YESTERDAY, IT WAS A LONG HEARING, SEVERAL WITNESSES, LOTS OF ARGUMENT.
AND THE, THE COURT EVENTUALLY DECIDED THAT THEY HAD MET ALL OF THE CRITERIA FOR THE ISSUANCE OF A PRELIMINARY INJUNCTION, THAT THE EQUITIES WERE ON THE PLAINTIFF'S SIDE.
AND HE RULED THAT WE COULD NOT DENY A BUILDING PERMIT BASED ON THE FACT THAT THEY DON'T HAVE A CONDITIONAL USE PERMIT.
AND SO THAT BUILDING PERMIT WILL ISSUE SUR PROBABLY AS SOON AS WE RECEIVED SOME ADDITIONAL PAPERS FROM SCOUT.
AND THEN AFTER THAT, UH, THEY WILL CONTINUE BUILDING AND MOST LIKELY FINISH THE PROJECT BEFORE THE MATTER GETS TO THIS BOARD.
ANY QUESTIONS? CAN I ASK TWO QUESTIONS? YES.
MY UNDERSTANDING, AND YOU KNOW, I'VE LIVED IN THAT PART AND THERE'S STORIES FLYING AROUND, BUT THERE WAS AN INITIAL PERMIT FOR EARTH MOVING ISSUED.
THERE WAS, THERE WAS A LAND DISTURBANCE PERMIT ISSUED.
BUT THAT'S A PRELUDE TO CONSTRUCTION.
AND THE SECOND THING IS, AND I KNOW THIS FROM PERSONAL EXPERIENCE, DID THEY SAY WHEN WE SAY YOU'VE EITHER GOTTA START USING OR CONSTRUCTION ON THE PROPERTY AND IT HASN'T BEEN TOUCHED, WERE THEY SAYING THAT THEY'RE RAISING MONEY AND ALL THAT STUFF? YES.
WAS, WAS THIS A FORM OF FINANCIAL CONSTRUCTION OR THEIR FINANCIAL INVESTMENTS? THEIR ACQUI ACQUISITION OF PERMITS FROM DEQ AND, UM, REACHING AGREEMENTS WITH A A AND N TO RECEIVE THE ELECTRICITY THAT'S STORED
[01:40:01]
IN THE BATTERY.ALL OF THOSE THINGS THEY ARGUE WAS A COMMENCEMENT OF THE USE.
IS THERE STATE LAW, I MEAN, YOU KNOW, I'M SURE YOU GUYS WERE THROWING CASE LAW AROUND THAT.
WELL, THE ISSUE REALLY CAME DOWN TO WHETHER THE STATUTORY STAY APPLIED TO THE BUILDING CODE.
THAT'S THE ISSUE THAT THE JUDGE REALLY FOCUSED ON.
THE COMMENCEMENT OF USE IS THE ISSUE THAT'S COMING BEFORE YOU NEXT, NEXT MONTH.
AND, AND THE ZONING ADMINISTRATOR GAVE HIS OPINION THAT IT MEANS ACTUAL WORK ON THE SITE VERSUS FINANCIAL INVESTMENT, WHICH EVERY DEVELOPER DOES AT SOME POINT.
SO IT WAS NOT A UNIQUE CASE THAT WE HAVE TO HAVE A UNIQUE DEFINITION OF COMMENCEMENT OF THE USE.
DOES, DOES THE ISSUANCE AND ERROR OF EARTH MOVING SORT OF, IT IT CERTAINLY SWAYED THE JUDGE IN THE ISSUANCE OF THE PRELIMINARY INJUNCTION.
WHEN HE TALKED ABOUT THE EQUITIES, HE SAID THAT WE HAD GIVEN APPROVALS.
IT WASN'T JUST THE LAND DISTURBING PERMIT.
THERE WERE OTHER APPROVALS GIVEN.
AND THE FACT THAT WE HAD NOT, UM, CAUGHT ON OURSELVES THAT THE USE PERMIT HAD EXPIRED UNTIL, YOU KNOW, SIGNIFICANTLY SOMETIME LATER.
THAT INFLUENCED HIS DECISION AS FAR AS THE BALANCE OF EQUITIES.
WHAT, WHAT WAS THE DATE OF EXPIRATION FOR THE CUP JULY 20TH, 2025? IT'S NOT, THE COUNTY PROHIBITED THESE THINGS NOW SINCE THEN.
WELL, IT WASN'T DISCOVERED UNTIL VERY RECENTLY THAT THE, OH, YOU MEAN THE STORAGE, THE ENER BATTERY ENERGY STORAGE SYSTEMS. DON'T THEY PROHIBITED NOW THE TIME THEY HAVE TO HAVE A CONDITIONAL USE PERMIT.
WHICH THIS ONE DID BECAUSE IT WAS OVER 10 ACRES, BUT NOW IT WOULD HAVE TO HAVE ONE UNDER THE, THE NEW ORDINANCE.
SO, SO IN, IN THEIR ARGUMENT WAS THAT THEY, THEY DIDN'T PAY ATTENTION OR CONSIDERED THAT THEY HAD MET THE TERMS OF THE CONDITIONAL USE PERMIT.
THE, THE COUNTY ARGUED, YES, WE MADE MISTAKES, BUT ULTIMATELY IT WAS A RESPONSIBILITY OF SCOUT TO KNOW THAT WHEN THE PERMIT EXPIRED, BECAUSE IT'S CONTAINED IN THE CONDITIONS OF THE USE PERMIT.
BUT THEY'RE, THEY'RE SAYING THAT BECAUSE THEY HAD INITIATED APPLICATIONS AND OTHER, THAT THAT WAS IN THAT, THAT THEREFORE REPRESENTED COMMENCEMENT OF ACTIVITIES? YES.
THAT'S THEIR ARGUMENT THAT WILL COME BEFORE THIS BOARD NEXT MONTH.
NONE OF THOSE PERMITS BESIDES THE EARTH MOVING, IT SOUNDS LIKE THERE WAS A BUNCH OF THEM ISSUED BEFORE THE CONDITION PERMIT EXPIRED.
BUT IT WASN'T ANY OTHER PERMITS.
IT WAS A CITING AGREEMENT, WHICH IS NOT A ZONING APPROVAL.
AND IT WAS A REPRESENTATION IN A WRITTEN DOCUMENT THAT YES, YOU MAY PROCEED.
UM, THERE'S NO QUESTION THAT THE COUNTY WAS AN ERROR, BUT OUR ARGUMENT TO THE COURT WAS THAT THE SCOUT STORAGE ALSO HAS ACCOUNTABILITY IN KNOWING WHAT'S IN THEIR USE PERMIT.
I MEAN, IT'S, IT'S, IT'S NOT THE COUNTY'S BUSINESS TO NOTIFY SOMEONE.
YOUR PERMIT'S ABOUT TO EXPORT.
THAT'S, THAT'S THE POINT WE MADE.
AND THE JUDGE DID NOT GIVE IT MUCH CREDENCE, BE A JUDGE
ANYTHING ELSE? THANK YOU FOR GIVING US INFORMATION.
ONE, ONE, WHEN DID THEY START BREAKING THE GRANT? UM, I MIGHT NEED HELP.
IT WOULD HAVE BEEN AFTER MARCH 10TH WHEN THE PLANS WERE APPROVED.
UM, I DID THE, UH, PRE-CONSTRUCTION MEETING ON MARCH 10TH.
AND THEY HAD, AT THAT POINT, THEY HAD PUT IN THE DRIVEWAY OF THE SILK FENCE.
SO MAYBE A WEEK OR SO BEFORE THAT MM-HMM
AFTER THE, YEAH, AFTER THE CONDITIONAL.
HIS PERMIT PERMITS EXPIRED LONG AFTER.
BUT THEY, TO DO THE EARTH PERMIT, THEY DID HAVE A PERMIT.
THEY, TO DO THE SOIL DISTURBANCE YOU CALL IT.
SO AS FAR AS THEY KNEW, NOT WHAT THEY SHOULD HAVE KNOWN, BUT AS FAR AS THEY KNEW THEY WERE ALLOWED TO PROCEED.
IN THIS, ARE THERE ANY POTENTIAL CONFLICTS BECAUSE WE'RE ALL APPOINTED BY JUDGE LEWIS? NO, I DON'T THINK SO.
[01:45:01]
INVOLVEMENT WITH JUPITER'S SCOUT BEFORE HE TOOK THE BENCH AND HE DID DISCLOSE THAT.AND WE WERE, WE ALL SAID THAT'S OKAY.
SO NO, THERE'S NO, NO CONFLICT.
SUMMER IS, IS THAT WHY YOU'RE GONNA HANDLE IT? NOT DEPARTMENT, BECAUSE THEY'RE, WE'RE LOOKING AT THE DEPARTMENT'S DECISION.
WELL, I WOULD JUST BE HERE FOR ASSISTANCE.
WHATEVER MR. PAM BID WANTS ME TO DO, THAT'S WHAT I'LL DO.
IS I REPRESENT THE DEPARTMENT.
IS THAT GOOD? AND ELIQUIS? YEAH.
UM, WHEN WAS THE STOP WORK ORDER ISSUE? UH, APRIL 20TH.
AND THAT'S WHAT CAUSED THE PLAINTIFFS TO FILE OR SCOUT TO FILE THE LAWSUIT? ASKING FOR A TEMPORARY JUDGE, UH, INJUNCTION TO LIFT THE STOP WORK ORDER.
THERE, THERE WERE TWO STOP WORK ORDERS.
THE FIRST ONE FOR LAND DISTURBANCE WAS APRIL 1ST, AND THE SECOND ONE FOR A BUILDING WAS APRIL 20TH.
BUT THE ONE AT ISSUE WAS THE SECOND ONE.
AND, AND THEY MAY BE WELL INTO CONSTRUCTION BY THE TIME WE OH, YES, THEY WILL.
THE BATTERIES ARE THERE AND ALREADY, YEAH, WE HAVE REASON TO BELIEVE THAT'S WHY THEY DID NOT FILE THEIR APPEAL IN TIME FOR THIS HEARING TODAY.
'CAUSE THEY COULD HAVE, WE FEEL LIKE MAYBE THEY WERE TAKING ADVANTAGE OF THE 30 DAYS TO GET AS MUCH CONSTRUCTION DONE AS POSSIBLE.
ARE THERE ANY OTHER MATTERS BEFORE LEE? I JUST WANTED TO SAY THAT STAFF OR THAT I DON'T HAVE ANYTHING FURTHER IN TERMS OF A DEPUTY COUNTY ADMINISTRATIVE REPORT.
ANY, ANYTHING ABOUT IN NKM? WE NEED TO, OR WE JUST WAIT TILL NEXT MONTH? IT'S MY UNDERSTANDING THAT THEY ARE GOING TO, UH, LET'S SEE.
UH, SAY AGAIN, APPLY FOR A BUILDING PERMIT.
THEY'RE APPLYING FOR A BUILDING PERMITS FOR THE, UH, UM, FOR THE TALL PINES CASE HERE.
AND, UH, THEY SAY THAT THEY'RE GOING TO CONSIDER, YOU KNOW, HOW TO RAISE THE HOUSE.
BUT ANYWAY, THEY'RE GOING TO APPLY FOR A BUILDING PERMIT THAT MAY RESOLVE SOME OF THE ISSUES.
IF WE HAVE NO OTHER BUSINESS, DO WE HAVE A MOTION TO JUST, I SO MOVE.