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OF ZONING APPEALS.

[00:00:01]

I CALLED TO ORDER

[Board of Zoning Appeals on July 1, 2026.]

OUR MEETING FOR JULY 1ST.

UH, GONNA ASK IF THE REST OF OUR MEMBERS WOULD INTRODUCE THEMSELVES.

LYNN GALE, GRACIE MILLMORE, A SEA BOLT, LOGAN HOLLAND.

AND WE DO HAVE A QUORUM.

ALL MEMBERS ARE PRESENT.

UH, DO WE HAVE A MOTION TO ACCEPT THE AGENDA AS PRINTED? I MOVE.

WE ACCEPT THE AGENDA AS PRINTED.

DO WE HAVE A SECOND? A SECOND? OR MOTION? ALL IN FAVOR? AYE.

AYE.

AYE.

THE AGENDA HAS BEEN APPROVED.

THERE WILL BE, UH, THE MINUTES FOR, UH, THE JUNE 3RD MEETING, UH, WILL BE AVAILABLE FOR US TO APPROVE IN THE AUGUST MEETING.

AND SO AT THIS POINT, WE ARE READY FOR THE PUBLIC HEARING.

JUST BEFORE WE BEGIN, WE DO WANT TO, UH, MAKE SURE YOU UNDERSTAND HOW WE OPERATE.

UH, THE STAFF WILL DO A PRESENTATION FIRST, THEN THERE WILL BE A TIME FOR THE APPLICANT TO SPEAK.

UH, AND THEN, UH, IF THERE ARE NO QUESTIONS FOR THE STAFF OR THE APPLICANT, THEN WE WILL OPEN IT UP FOR ANYONE FROM THE PUBLIC TO, TO MAKE, UH, UH, THEIR, UH, WISHES.

NO, YOU'LL BE RECORDING FOR, YEP.

THANK YOU, SIR.

YEP.

MORNING, EVERYBODY HAPPY.

UH, 4TH OF JULY WEEK.

UH, FOR THOSE OF YOU THAT DON'T KNOW, MY NAME'S CINDY JONES.

I'M A CODE ENFORCEMENT OFFICER FOR ZONING.

WE'VE GOT TWO PUBLIC HEARING CASES, SO LET'S GET INTO IT.

UH, FIRST UP WE HAVE, UH, SUSAN BALLARD.

THIS IS, UH, VAR 0 0 0 0 7 5 20 26.

THIS IS A FRONT SETBACK VARIANCE IN THE RESIDENTIAL DISTRICT.

UM, JUST A LITTLE BIT OF BACKGROUND INFORMATION.

UH, THE TAX MAP NUMBER IS 75 D DASH ONE DASH ONE DASH ONE.

UM, THIS IS A, UH, FRONT SETBACK VARIANCE.

UH, THE ZONING IS RESIDENTIAL, THE FUTURE LAND USE RECOMMENDATIONS, AG AND CONSERVATION AREA.

UM, CURRENT PROPOSED USES ARE, UH, RESIDENTIAL COURSES IS VACANT CURRENTLY.

UH, AND ADJACENT ZONINGS ARE RESIDENTIAL AND AGRICULTURAL.

THIS IS THE SITE, UH, ZONE RESIDENTIAL, UM, FUTURE LAND USE RECOMMENDATIONS AG, I BELIEVE FOR THE, FOR THE MAP, IT'S THE PARCEL'S, RIGHT.

THIS AREA HAS TO BE ADJUSTED, UM, IN A FLOOD ZONE BFE SIX AND SEVEN.

AND IT IS LOCATED AT RPA.

HOWEVER, THIS, THIS MAP IS NOT ENTIRELY ACCURATE.

THESE ARE SOME PICTURES OF THE SITE.

THIS IS A BLUE BILL GOING BACK TOWARDS, UM, UH, DEEP CREEK.

THIS IS BLUE BILL GOING TOWARDS THE, UH, THE LANDING.

AND THEN THESE ARE SOME PICTURES OF THE SITE AS THEY ARE TODAY.

THIS IS, UH, SITE PLAN.

UM, THIS IS 44 FEET.

WE ARE ASKING FOR A 10 FOOT, UH, A 10 FOOT VARIANCE BECAUSE THERE IS A PORCH THAT'S OFF THE FRONT.

IT'S GONNA JUT OUT APPROXIMATELY FOUR FEET.

SO WE'LL GO INTO ZONING.

ORDINANCE CONSIDERATIONS 1 0 6 81 PROVIDES REGULATION, AND THAT IS, UH, STRUCTURES ON ALL PUBLIC RIGHT OF WAY SHALL BE SET BACK 50 FEET OR MORE FROM THE EDGE OF THE RIGHT OF WAY.

SO NOW WE'LL GO TO CONSIDERATIONS.

UH, NUMBER ONE, STRICT APPLICATION SLASH UNREASONABLE RESTRICTION VERSUS ALLEVIATING HARDSHIP FROM YOUR PHYSICAL CONDITION.

THE ANSWER IS NO.

WHILE THE PROPOSED DWELLING IS LOCATED IN AN RPA, THE SIZE AND FOOTPRINT OF THE DWELLING COULD BE ADJUSTED SO THAT IT VARIES.

IT'S NOT REQUIRED.

UH, NUMBER TWO, IS THIS A GOOD FAITH? A ACQUISITION, NOT A SELF-CREATED HARDSHIP ANSWER WILL BE NO.

WHILE THE RPA AFFECTS THE ABILITY OF THE OWNER TO PLACE A DWELLING ON THE LOT, THE SIZE AND THE SHAPE OF THE DWELLING COULD BE ADJUSTED.

SO IT MEETS THE SETBACK REQUIREMENTS.

UH, NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.

THE ANSWER IS NO.

THE SETBACK VARIANCE IS SPECIFIC TO THE FRONT SETBACK.

NO OTHER SETBACK DISTANCES ARE AFFECTED.

UH, NUMBER FOUR, IS THIS GENERAL OR RECURRING ENOUGH IN NATURE TO AMEND THE ORDINANCE? UH, THE ANSWER IS NO.

THIS REQUEST IS SPECIFIC TO THIS CASE.

NUMBER FIVE, RESULT IN A USE NOT OTHERWISE PERMITTED.

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 EXEMPTION? THE ANSWER THERE IS NO, UH, UTILITIES, UTILITIES ARE ON BLUE BILL LANE.

UM, A WELL IN SEPTIC SYSTEM BECAUSE THIS IS A RESIDENTIAL STRUCTURE IS ALSO PART OF THE PROJECT.

UM, BLUE BILL LANE IS A VDOT MAINTAINED SECONDARY ROADWAY.

I WOULD CONSIDER IT AN AVERAGE CONDITION, UH, ENVIRONMENTAL AS WE DISCUSSED BEFORE, IT IS LOCATED IN A FLOOD ZONE AND THE PROPERTY IS LOCATED IN RPA.

UM, PUBLIC COMMENT NOTICES WERE PROVIDED TO THE NEWSPAPER AND TO ADJACENT NOTICE PER STATE LAW.

AND AS OF PREPARATION OF THIS REPORT, NO PUBLIC COMMENTS HAVE BEEN RECEIVED.

NOTHING FOR OR AGAINST NO PHONE CALLS, NOT EVEN SOMEBODY ASKING FOR INFORMATION RECEIVED NOTHING.

[00:05:01]

UM, STAFF FINDINGS, THE APPLICANT PROPOSES TO BUILD A DWELLING 40 FEET FROM THE FRONT PROPERTY LINE.

UH, OUN COUNTY CODE SECTION 1 0 6 81 DEALS WITH FRONT SETBACK REQUIREMENTS AND CALLING FOR A 50 FOOT FRONT SETBACK.

UH, AND THE HOUSE COULD BE ALTERED SO THAT A VARIANCE IS NOT REQUIRED.

UM, STAFF RECOMMENDATIONS.

STAFF STAFF USUALLY DOES NOT MAKE RECOMMENDATIONS ON VARIANCES.

HOWEVER, THE APPLICANT HAS NOT MET THE REQUIRED THRESHOLD TO APPROVE THE VARIANCE.

I WILL SAY THAT WITH THE CAVEAT OF WE ARE DEALING WITH RPA ON THE BAY SIDE AND WE ARE DEALING WITH THE, THE 50 FOOT SEAWARD.

SO WE'RE TRYING TO KEEP, KEEP THE HOUSE OUT OF THE 50 FOOT SEAWARD WHILE ALSO TRYING TO MEET THE SETBACK REQUIREMENTS AT THE SAME TIME.

MM-HMM .

SO THERE IS A LITTLE BIT OF A BALANCING ACT THAT'S GOING ON HERE.

UM, IF THE BCA WERE TO APPROVE THIS VARIANCE, STAFF RECOMMENDS THE FOLLOWING CONDITIONS.

THERE ARE SIX OF THEM.

UH, THE APPLICANT SHALL APPLY FOR A BUILDING PERMIT WITH THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.

UH, NUMBER TWO, THE APPLICANT SHALL COMPLY WITH THE RELEVANT HEALTH DEPARTMENT AND VDOT REQUIREMENTS.

NUMBER THREE, THE APPLICANT SHALL COMPLY WITH THE RELEVANT RPA AND FLOODPLAIN REGULATIONS.

NUMBER FOUR, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE REGULAR INSPECTIONS OF THE PROPERTY UNTIL A CERTIFICATE OF OCCUPANCY IS ISSUED.

NUMBER FIVE, THE APPLICANT SHALL PROVIDE, UH, A PHYSICAL SURVEY OF THE SITE SHOWING THE PROPERTY, CO'S SORRY, IT ONLY WANTS TO UPDATE WHEN I WANT TO TALK.

THE APPLICANT SHALL.

NUMBER FIVE, THE APPLICANT SHALL PROVIDE A PHYSICAL SURVEY OF THE SITE SHOWING THE PROPERTY CORNERS AND A PROPOSED FOOTPRINT OF THE STRUCTURE.

THIS SURVEY MUST BE CERTIFIED BY LICENSED SURVEYOR.

AND NUMBER SIX, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE SPEC OR THE VARIANCE MILL AND VOID.

NOT SPECIAL USE PERMIT.

THAT IS THE MOTION I CAN ANSWER QUESTIONS THAT YOU HAVE FOR ME.

ALSO, I BELIEVE THE APPLICANT IS HERE IF YOU HAVE ANY QUESTIONS FOR HER.

OKAY.

I HAVE A QUESTION FOR YOU.

YEAH.

MR. GINNA, THE NARRATIVE TALKS ABOUT A SIX FOOT VARIANCE REQUESTED AND THE HOME SITE IS 44 FEET FROM THE BORDER, BUT THE BACKGROUND TALKS ABOUT A 10 FOOT VARIANCE AND 50 FEET.

THAT, THAT IS CORRECT.

WE ARE INCLUDING, WE ARE INCLUDING A PORCH.

IF YOU LOOK ON THE SITE PLAN HERE MM-HMM .

AND THAT'S WHAT WE'VE ADVERTISED.

WE'VE ADVERTISED A 10 FOOT, WE'VE ADVERTISED THE 10 FOOT VARIANCE.

OKAY.

SO SHE, THE, THE APPLICANT'S AND IT'S NOT OUR PROBLEM, BUT SHE'S CLEAR THE 35 FOOT SETBACK, EVEN WITH THE PORCH FOR THE HOA OR SCHOOL CONVEY? YES.

SO SHE WOULD BE APPROXIMATELY 40 FEET AWAY.

OKAY.

SO SHE'S, SHE'S GOOD WITH THE, WITH THE HOA SETBACKS WHERE WE'RE TRYING TO HANDLE THE COUNTY SETBACKS.

THE PORCH WAS ADDED LATER TO THE WHOLE THING.

THE, THE PORCH.

THE PORCH IS A LITTLE BIT OF A CONTENTION BECAUSE PORCHES, YOU NEED TO HAVE ACCESS TO YOUR FRONT DOOR.

SO IN CERTAIN SITUATIONS, WE DO NOT NECESSARILY COUNT THE FRONT PORCH IF IT'S OF A CERTAIN SIZE MINIMUM NECESSARY TO GET IN YOUR HOUSE.

RIGHT.

TO BE ON THE SAFE SIDE.

IF WE'RE GONNA COME HERE AND DO THE VARIANCE HEARING, WE MIGHT AS WELL GET ENOUGH SO THAT WE COVER EVERYTHING.

ALRIGHT.

OKAY.

SO THAT, THAT WAS, THAT WAS THE THOUGHT PROCESS OF DOING THE 10 INSTEAD OF THE SIX.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS FOR FJA? I GOT ONE.

YEP.

UM, THESE LOTS WERE CREATED WHEN, SO THE, THE FIRST, WELL, I DO NOT KNOW THE EXACT DATE, BLUE BILL WAYNE WAS CREATED BEFORE THE IMPLEMENTATION OF THE ZONING ORDINANCE.

SO THE FIRST TWO, THE SOUTHERN TWO ROADS WERE CREATED BEFORE, I THINK IT'S JULY 1ST, 1973 OR SOMETHING LIKE THAT.

SO IN THIS CASE, THESE LOTS WERE CREATED BEFORE THE ZONING ORDINANCE OR THE SUBDIVISION ORDINANCE.

YEAH.

AND A NUMBER OF THOSE LOTS DOWN IN THAT AREA WERE CREATED IN THE SIXTIES.

CORRECT.

SO THEY CORRECT.

AND THAT WAS ALSO BEFORE, BEFORE BAY ACT.

BAY ACT, I BELIEVE WAS 1989 ISH.

YEAH.

I THINK, I THINK THOSE CANALS WERE DUG IN THE LATE FIFTIES THAT TRACKS THAT.

THAT MAKES SENSE.

OKAY.

IF THERE ARE NO OTHER QUESTIONS, IF THE APPLICANT, UH, WISHES TO SHARE ANYTHING, YOU CAN COME FORWARD.

BE SWORN IN AND GIVE US YOUR NAME IF YOU'D LIKE TO.

I WOULD LIKE TO.

I WILL.

OKAY.

WOULD, WOULD YOU GIVE US YOUR NAME PLEASE? MY NAME IS SUSAN BALLARD.

SUSAN, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD ON ALL MATTERS BEFORE? YES, I DO.

OKAY.

WHAT WOULD YOU LIKE TO SHARE WITH US? UM,

[00:10:01]

SO WHAT WE'RE TRYING TO DO IS TO COMPLY ALSO WITH THE SCHOONER BAY DEVELOPMENT, WHICH, UM, REQUIRES A HOME NO SMALLER THAN 1200 SQUARE FEET.

SO, UM, THE, THE HOME THAT WE'RE PROPO, UM, PROPOSING IS, HAS A 650 SQUARE FOOT, UM, FOOTPRINT.

IT WOULD BE TWO STORIES HIGH, WOULD, WOULD MAKE IT 1300 SQUARE FEET.

UM, AS YOU CAN SEE BY THE, THE LOT SIZE, THERE'S, THERE'S ONLY A SMALL PORTION OF THE LOT THAT WOULD SUPPORT EVEN WITH, I MEAN, WITH A 50 FOOT, UM, BUFFER MM-HMM .

UM, I'LL, I'LL HAVE TO ASK FOR THAT TOO, BUT BECAUSE WITHOUT THAT, NOTHING CAN BE BUILT THERE.

BUT, BUT WITH THAT WE'RE FIGURING A VERY SMALL HOME WE COULD HAVE, HAVE BUILT ON THE PROPERTY IF WE, IF WE COULD GET THE PERMITS AND THE VARIANCES THAT WE WOULD NEED.

UM, I WASN'T SURE, SYNGEN YOU HAD IN ONE OF THE, UM, YOUR RECOMMENDATIONS THAT YOU SAID THAT YOU THOUGHT THE HOUSE COULD BE PLACED SOMEWHERE ELSE.

I, I WASN'T REALLY SURE ABOUT THAT BECAUSE AS, AS I SEE IT, UM, THE HOUSE REALLY COULDN'T BE ALTERED.

WE HAD, WE HAD, UM, I ACTUALLY, I DON'T KNOW IF YOU GUYS WANT TO SEE IT OR NOT, BUT I HAVE A BIGGER ONE THAT SHOWS A LITTLE BIT A, A BIGGER SITE PLAN THAT SHOWS IT A LITTLE BIT MORE CLEARLY.

UM, BUT THE, THE HOUSE WE HAVE SITUATED SO THAT THE NARROW PART OF THE HOUSE WOULD BE, UM, SITUATED FOR THE FRONT SETBACK SO THAT IT WOULDN'T BE AS, UM, PROBLEMATIC WITH THE FRONT SETBACK AS WELL AS THEN TO BE ABLE TO STAY AWAY FROM, IF WE CAN GET A 50 FOOT, UM, BUFFER, UM, IT WOULD, IT WOULD ALSO FIT WITHIN THAT GUIDELINE TOO.

UM, SO I DON'T KNOW IF YOU WANNA SEE THIS OR NO.

OR NOT SEE IT, OR DOES ANYONE NOTICE IT? NO.

NO.

OKAY.

UM, SO A AS I SEE IT, I, I DON'T KNOW HOW WE COULD DO IT WITHOUT A VARIANCE, UH, WITHOUT A SETBACK VARIANCE.

OKAY.

SO STRICT APPLICATION OF VARIANCES.

RIGHT.

IF YOU CAN ADJUST THE, IF YOU CAN JU ADJUST THE LOCATION OF THE HOUSE OR TAKE SQUARE FOOTAGE AWAY FROM THE FRONT SETBACK, TECHNICALLY YOU CAN STILL HAVE A HOUSE THERE.

NOW, WHILE, WHILE I UNDERSTAND, WHILE I UNDERSTAND THE, THE HOA RULES, THE HOA RULES ARE SEPARATE.

WE DON'T, THE COUNTY DOESN'T HAVE CONTROL OVER THE HOA RULES.

WE JUST, WE JUST GRANT STUFF BASED ON THE ZONING ORDINANCE, WHICH IS ALL WE'RE ALLOWED TO DO.

UM, I DO UNDERSTAND, I DO UNDERSTAND THE TUG OF WAR.

I'M JUST GIVING THE STRICT APPLICATION OF THE VARIANCE WE UNDER.

AND SO WHAT YOU'RE SAYING THOUGH, IT COULD BE SMALLER, BUT SHE WON'T BE ABLE TO COMPLY THEN WITH HOS, SO SHE STILL CAN'T BUILD IT.

CORRECT.

RIGHT.

THAT'S, THAT'S, THAT'S THE TUG OF WAR WE FIND OURSELVES IN.

OKAY.

UM, SO THAT WAS, THAT WAS MY QUESTION ABOUT THAT.

I'M LIKE, I DON'T KNOW HOW MUCH SMALLER WE, WE BARELY CAN'T GET IT ANY SMALLER AND, AND TO STILL BE ABLE TO, TO BUILD ON THAT LOT.

UM, UM, 'CAUSE I, THE, AND THEN THE OTHER THING THAT I DON'T KNOW THAT HAS ANYTHING THAT YOU WOULD BE INTERESTED IN OR NOT, BUT WITH THIS, THE, UM, WE HAD, UM, JIMMY BUNICK COME OUT TO TAKE A LOOK AT WHERE REALISTICALLY HE THINKS HE MIGHT BE BEST ABLE TO FIND TO, TO DIG A WELL GET WATER, UM, AS WELL AS THE SEPTIC.

AND SO THE SITE PLAN IS INDICATIVE ALSO OF WHAT HE FELT MADE SENSE FOR THE LOT TOO.

UM, SO ANYWAY, IT'S A LITTLE HOUSE GOTTA BE SQUEEZED INTO A SMALL, UM, SPACE.

AND SO THAT'S WHY I'M HERE TODAY TO SEE IF THERE'S SOMETHING THAT WE CAN DO WITH THE FRONT SETBACK.

BECAUSE WITH THAT, THEN I DON'T HAVE TO TRY TO ASK FOR, UM, ANYTHING MORE THAN THE 50 FOOT BUFFER.

OKAY.

DOES ANYONE HAVE QUESTIONS? THANK YOU, MR. CHAIR.

I'M READY TO MAKE A MOTION FOR EVERYBODY.

I'LL MAKE A COMMENT FIRST.

OKAY.

UM, SO MR. CHAIR, OVER OVER THE YEARS, WE'VE DEALT WITH THESE LOTS THAT WERE CREATED BACK IN THE SIXTIES AND IT'S JUST A, A REPETITIVE THING WHERE, YOU KNOW, THE LOTS WERE CREATED LONG BEFORE ANY OF THE REGULATORY COMPLIANCE ISSUES SURFACED.

SO, GO AHEAD.

OKAY.

WE'RE READY FOR A MOTION.

OKAY, GO AHEAD.

I MOVE THAT THE AKIMA COUNTY BOARD IS VOTING APPEALS APPROVED VARIANCE,

[00:15:01]

UH, DASH 0 0 0 0 7 5 DASH 2 0 2 6 OF VARIANCE OF 10 B FROM THE 50 FOOT FRONT SETBACK REQUIREMENT PURSUANT TO THE AKIMA COUNTY CODE SECTION 1 0 6 DASH 81 ON TAX PARCEL 75 D DASH ONE DASH ONE DASH ONE WITH THE SIX CONDITIONS RECOMMENDED BY STAFF, WE HAVE A MOTION TO, UH, APPROVE.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

BEEN A PRO.

THANK YOU.

OKAY.

OKAY.

THAT'S THE END OF THAT ONE.

SO NOW WE'VE GOT THE SECOND ONE.

THIS IS, UH, MR. DANIEL LINCOLN.

THIS IS SUSE 0 0 0 0 7 6 20 26.

THIS IS ACCESSORY STRUCTURE WITHOUT A PRIMARY.

UM, JUST SOME BACKGROUND INFORMATION.

THIS IS LOCATED ON TAX, UH, TAX PARCEL NUMBER 53 DASH A DASH 1 21 B ONE, APPROXIMATELY 38.9 ACRES.

ZONE AGRICULTURAL FUTURE LAND USES AG.

CURRENT PROPOSED USES ARE AGRICULTURAL AND RESIDENTIAL NATURE.

UH, ADJACENT ZONINGS OR AG ADJACENT USES.

YOU HAVE A COMBINATION OF SINGLE FAMILY RESIDENCES AND FARMLAND.

THIS IS A SITE RIGHT HERE, ZONED AG.

FUTURE LAND USE IS ALSO AG LOCATED IN A FLOOD ZONE.

SO WE HAVE, UH, BFE EIGHT AND BFE NINE AND NOT IN A, NOT IN A RESOURCE PROTECTION AREA.

WE USE SOME PICTURES OF THE SITE.

THIS IS, UH, WINTERVILLE ROAD GOING SOUTH WINTERVILLE ROAD GOING NORTH.

AND, UH, THIS IS A PICTURE FROM THE ROAD OF THE APPROXIMATE SITE.

IT IS WOODED AS IT CURRENTLY STANDS.

NOW, UM, THIS IS, UH, ONE OF THE PLANS.

THE, THE SECTION THAT WE'RE DEALING WITH IS UP HERE.

AND THIS IS THE SITE PLAN SHOWING THE, THE BARN.

THEY DO HAVE A FUTURE PLAN OF EVENTUALLY PUTTING A HOME THERE, BUT RIGHT NOW WE'RE TALKING ABOUT THIS BARN.

OKAY.

SO, CONSIDERATIONS FOR SPECIAL USE PERMITS, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.

UH, THE ANSWER IS, UH, ACCESSORY STRUCTURES WITHOUT A PRIMARY STRUCTURE COULD ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.

UH, NUMBER TWO, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES, UH, NO ADVERSE IMPACT WILL RESULT OVERHEAD UTILITIES OR ALONG WINTERVILLE ROAD.

THREE.

WHETHER PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.

THE ANSWER THERE IS THE USE NEITHER PROMOTES OR HINDERS THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.

NUMBER FOUR, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS, THE ANSWER IS NO PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS.

NUMBER FIVE, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES, EXCUSE ME, OF ADJOINING AND NEARBY PROPERTY OWNERS, UH, NO ADVERSE IMPACT IS ANTICIPATED.

NUMBER SIX.

WHETHER PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, THE USE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH SAFETY OF GENERAL WELFARE.

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, YES.

ACCESSORY STRUCTURES WITHOUT PRIMARY STRUCTURES ARE ALLOWED BY SPECIAL USE PERMIT.

AND NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.

AND THE ANSWER IS THAT NO, THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.

UM, THERE IS NO IMPACT TO PUBLIC UTILITIES AS WE'VE STATED BEFORE.

UH, WINTERVILLE ROAD IS WHERE THE, UH, ELECTRIC UTILITIES ARE LOCATED.

UH, TRANSPORTATION WINTERVILLE ROAD IS A VDOT MAINTAINED SECONDARY ROADWAY AND I WOULD CONSIDER IT IN A FAIR CONDITION.

AND THEN WE DO, UH, PUBLIC COMMENTS, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.

AND AS OF PREPARATION OF THE SLIDE DECK, NO PUBLIC COMMENTS HAVE BEEN RECEIVED.

OF COURSE, WE ALSO HAVE, WE HAVE FLOOD ZONE AS WE SHOWED IN THE MAP.

SO IT IS BFE EIGHT AND BFE NINE, WHICH BASICALLY EQUATES TO, THEY WOULD'VE TO FOLLOW THE FLOODPLAIN ORDINANCE FOR THE ACCESSORY STRUCTURE.

UH, STAFF FINDINGS, THE APPLICANT REQUESTS TO PLACE AN AN ACCESSORY STRUCTURE ON THE PROPERTY.

THE PROPERTY DOES NOT HAVE A PRIMARY STRUCTURE AND WOULD REQUIRE A SPECIAL USE PERMIT.

AND ACCESSORY STRUCTURES WITHOUT A PRIMARY STRUCTURE COULD AFFECT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.

UH, STAFF RECOMMENDS APPROVAL OF SUSE 0 0 0 0 7 6 20 26.

IF THE BOARD OF ZONING APPEALS APPROVES THIS SPECIAL USE PERMIT,

[00:20:01]

WE RECOMMEND THE FOLLOWING SEVEN 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.

NUMBER THREE, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE ITS, UM, TO MAKE INSPECTIONS OF THE SITE UNTIL THE CERTIFICATE OF COMPLETION IS ISSUED.

UH, NUMBER FOUR, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VDOT AND HEALTH DEPARTMENT REGULATIONS.

NUMBER FIVE, THE PROPERTY SHALL BE MAINTAINED AT ALL TIMES WHILE THE SPECIAL USE PERMIT IS ACTIVE.

NUMBER SIX, A VIOLATION OF ANY OF THESE CONDITIONS WILL RENDER THE SPECIAL USE PERMIT NULL AND VOID.

AND NUMBER SEVEN, THE APPLICANT SHALL COMPLY WITH THE RELEVANT FLOODPLAIN REGULATIONS.

THAT IS THE MOTION I CAN ANSWER ANY QUESTION.

YOU HAVE THE APPLICANT'S HERE IF YOU HAVE QUESTIONS FOR HIM AS WELL.

OKAY.

ANY QUESTIONS WE'LL SEND.

COULD I ASK A QUESTION? THE APPLICANT, HE'LL HAVE A CHANCE TO COME.

OKAY.

YEAH, WE, WE, WE'LL DO THAT AFTER WE'RE DONE WITH, DO WE HAVE ANY QUESTIONS FOR SEND? OKAY.

OKAY.

NOW, UH, IF THE APPLICANT WOULD LIKE TO SPEAK, IF YOU WOULD COME FORWARD, GIVE US YOUR NAME, GIVE US YOUR FULL NAME, SIR.

DANIEL R LINCOLN.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD ON ALL MATTERS BEFORE US? I DO.

OKAY.

UH, DO YOU WANT TO HEAR FROM ME BEFORE YOU ASK THE QUESTION? NO, NO.

THIS IS IN THE INTEREST OF DISCLOSURE, ACTUALLY.

OKAY.

DID YOU BOUGHT THIS FROM THE CHESTERS? YES, SIR.

DID YOU USE AN AGENT CALLED JOHN MCGOLD? NO, I DID NOT.

OKAY.

I THOUGHT MAYBE I, MY COMPANY HAD SOLD IT TO HIM.

OKAY.

.

THAT'S IT.

THANK YOU.

OKAY.

WE USED WEAKER REALTY.

I ACTUALLY CAME UNDERREPRESENTED.

OKAY.

OKAY.

MR. CHESTER'S, UH, REAL ESTATE AGENT HANDLE ALL THE PAPERWORK THROUGH ECKERT.

OKAY.

OKAY.

SO, SO ALL THAT'S CLEARED UP.

SO THANK YOU.

WHAT WOULD YOU LIKE TO SHARE WITH US? SO FIRST I'LL JUST INTRODUCE MYSELF AND THEN I'LL TELL YOU GUYS WHY THE PROPERTY IS MEANINGFUL TO ME.

WHACK MACK COUNTY'S MEANINGFUL TO ME AND WHAT THIS PROJECT WOULD, WOULD ENABLE ME AND MY FAMILY TO DO.

UM, SO I'M DANIEL LINCOLN.

I'M THE FATHER OF TWO YOUNG BOYS, CURRENTLY RESIDE IN MOOC, NORTH CAROLINA.

UM, HAVE A WIFE, BEEN MARRIED FOR 12 YEARS AND I'VE KNOWN FOR 18.

I MOVED TO VIRGINIA IN 2018.

UM, I'VE BEEN PRIVILEGED ENOUGH TO SERVE THIS COUNTRY AS AN ACTIVE DUTY NAVY SEAL FOR NOW, 15 AND A HALF YEARS.

TRAVELED THROUGHOUT THE WORLD, VARIOUS DIFFERENT CONFLICT ZONES.

UM, AND ONE OF THE KEY REASONS THAT I FOUND MYSELF PURCHASING PROPERTY IN MIMA WAS TRANQUILITY, BEAUTY AND SANCTUARY.

UM, IT OFFERS MY FAMILY AND I A PLACE TO GET AWAY FROM THE CITY.

UM, A PLACE THAT WE EVENTUALLY WANNA RETIRE.

UM, AND THAT WE'VE SPENT NUMEROUS BIRTHDAYS, UH, ANNIVERSARIES, SPECIAL OCCASIONS, AND A LOT OF FREE TIME UP HERE.

PURCHASED THE PROPERTY A COUPLE YEARS AGO.

UM, 'CAUSE I WAS LOOKING FOR, FOR THAT FREEDOM, FOR THAT INDEPENDENCE AND, UH, HAVE A PASSION FOR HABITAT IMPROVEMENT.

UM, AND THE OUTDOORS, THE OUTDOORS HAVE GIVEN ME, UM, PROVIDED ME THERAPY AND, AND A AND A GETAWAY FROM MY CURRENT JOB.

AND, UM, HAVE PROVEN TO BE A PLACE FOR MY FAMILY AND I TO MAKE A LOT OF MEMORIES.

UM, SINCE PURCHASING THE PROPERTY, I'VE WORKED WITH, UH, THE NRCS MS. JENNY TEMPLETON'S HERE.

UM, WORKED THROUGH THEM WITH, UH, THE VARIOUS STATE FORESTERS, UH, UH, EASTERN SHORE FORESTRY, UM, DUCKS UNLIMITED, UM, AND, UH, MR. PAT MUSSO TO IMPROVE THAT PROPERTY, TO IMPROVE THE HABITAT FOR ITS PURPOSE, WHICH IS WHY IT WAS PUTTING THAT CONSERVATION EASEMENT, WHICH WAS HABITAT IMPROVEMENT FOR WILDLIFE.

UM, I'VE SPENT SEVERAL THOUSANDS OF DOLLARS AND ALMOST ALL OF MY FREE TIME UP HERE SINCE PURCHASING THAT PROPERTY TO DO EXACTLY THAT.

AND I THINK, THINK WE'RE ALREADY SEEING RESULTS OF THAT.

HAVING THE STRUCTURE UP THERE WOULD ALLOW ME TO SPEND MORE TIME UP HERE WOULD DEFINITELY BE MORE CONVENIENT AND, UH, PROBABLY BETTER FOR MY EQUIPMENT.

OBVIOUSLY I'M TRAILERING ATVS, TRACTORS, FARM EQUIPMENT AND WHATNOT, UH, ACROSS THAT BRIDGE EVERY TIME I COME UP.

SO THE PRIMARY USE FOR THIS WOULD BE TO STORE, STORE MY EQUIPMENT THAT I USE, UM, TO IMPROVE THAT PROPERTY, ENABLING US TO BE UP HERE MORE OFTEN, UM, AND OBVIOUSLY BEING MORE FINANCIALLY ADVANTAGEOUS, UM, FOR MY FAMILY.

AND I, UM, I DO HAVE MS. TEMPLETON HERE AND MR. MUSSO TO ADVOCATE ON MY BEHALF, BUT HAPPY TO ANSWER ANY QUESTIONS, UM, FROM CHAIRMAN OR BOARD.

OKAY.

UH, HOW SOON DO YOU PLAN ON BUILDING A, A RESIDENTIAL STRUCTURE THERE? SO RIGHT NOW WITH THE COST OF BUILDING, UM, CONSTRUCTION MM-HMM .

PROBABLY WITHIN THE NEXT THREE TO FIVE YEARS, UM, THAT'S WHAT IT'S GONNA TAKE FOR US TO SAVE UP, TO BUILD WHAT WE ACTUALLY WANT TO PUT THERE.

UM, COULD BE SOONER.

I DON'T FORESEE IT BEING LATER.

I RETIRE IN FIVE YEARS AND MY PLAN IS TO RETIRE UP HERE.

OKAY.

ANY OTHER QUESTIONS FOR PLAN? ASSUME THE CONSERVATION EASEMENT ALLOWS FOR A RESIDENCE.

SO THE PORTION OF, UH, TO ANSWER YOUR QUESTION, NO,

[00:25:01]

UH, BUT THIS PORTION OF THE PROPERTY IS NOT WITHIN THE EASEMENT BOUNDARIES, NOR IS IT WITHIN THE WETLAND.

MM-HMM .

SO IF YOU SEE THE EXCLUDED AREA, CHARLIE THERE, UM, THERE IS THAT SMALL RECTANGLE ON THE TOP RIGHT QUADRANT THAT IS AN EXISTING CABIN, UM, THAT'S IN DISREPAIR THAT'S CURRENTLY LOCATED ON THE PROPERTY.

OKAY.

ANOTHER QUESTION.

THANK YOU.

UH, WE WILL HEAR FROM, THANK YOU FOR YOUR TIME, JENNIFER.

YOU'LL COME FORWARD AND GIVE US YOUR FULL NAME.

JENNIFER LEE TEMPLETON.

DO YOU SWEAR TO TELL THE TRUTH, HOLD THE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD ON ALL MATTERS OTHER BEFORE US? I DO.

OKAY.

WHAT WOULD YOU LIKE TO SHARE, PLEASE? UM, WELL FIRST THANK YOU FOR HAVING ME.

I HAVE A LOT OF THINGS TO SHARE, SO I'M NOT SURE IF YOU WANT TO HEAR ALL OF THEM OR, WELL, YOU, YOU, YOU HAVE FOUR MINUTES.

OH WOW.

OKAY.

.

WELL, I DO WANNA START WITH THE PURPOSE OF THE EASEMENT ITSELF.

IT'S A WETLAND RESERVE EASEMENT.

IT'S HELD BY NRCS, WHICH IS A-U-S-D-A AGENCY, WHICH IS A FEDERAL GOVERNMENT AGENCY.

SO WE PURCHASE LAND PURCHASE RIGHTS TO LAND TO HELP BRING THE LAND FROM ITS DEGRADED WETLAND STATE BACK TO A FUNCTIONING WETLAND STATE.

SO THAT'S THE BASIS FOR THE CONSERVATION EASEMENT.

WHEN THIS EASEMENT WENT INTO PLACE, THE HOME SITE THAT IS CURRENTLY MARKED OUT ON THE, UM, NORTHEAST CORNER OF THE PROPERTY WAS LEFT OUT OF THE EASEMENT.

THERE WAS CURRENTLY A FOUNDATION THERE AND THE SITE WAS ORIGINALLY LEFT OUT, I'M ASSUMING, FOR THE FUTURE BUILDING OF A, A HOUSE OR STRUCTURE ON THAT, ON THAT PIECE.

SO, UM, AGAIN, THE LEGAL DESCRIPTION OF THAT, OF THE BOUNDARY AND THE MAP ITSELF IS TIED TO THE DEED, WHICH IS ON RECORD WITH THE COUNTY AND IS TIED TO THE LAND.

IT IS IN PERPETUITY.

THE DEED ITSELF IS SO THERE IS NO DEVELOPMENT.

UM, MR. LINCOLN HAS TO HAVE A COMPATIBLE, USE AUTHORIZATION TO DO ANY MAINTENANCE OR WORK ON THE LAND ITSELF.

EASEMENT LAND, LIKE HE SAID, HE'S BEEN DOING A LOT OF IMPROVEMENTS ALREADY.

UM, MY AGENCY ALONG WITH DUCKS UNLIMITED, QUAIL FOREVER, UM, DEPARTMENT OF FORESTRY, WE'RE WORKING WITH HIM TO HELP, UM, REESTABLISH A LOT OF THE PRACTICES THAT WERE DEGRADED OVER THE YEARS.

UM, AS YOU ALL MAY KNOW, WETLANDS ARE EXTREMELY VALUABLE, UM, ESPECIALLY, UH, IN A FLOOD ZONE OR IN ANY SORT OF A COMMUNITY THAT HAS HOUSING STRUCTURES, LOTS OF RAINFALL, UM, NEAR, UH, WATER BOUNDARIES.

UM, SO THIS WETLAND RESERVE EASEMENT IS ACTUALLY DOING THE PUBLIC A, UM, SERVICE BY PROTECTING IT FROM FLOODING.

IT ALSO PROVIDES WILDLIFE HABITAT.

UM, THERE ARE STRUCTURES HOUSES RIGHT ACROSS THE ROAD ON WINTERVILLE ROAD.

SO I DO NOT FEEL THAT THIS, UH, BUILDING WILL TAKE ANYTHING AWAY FROM THAT COMMUNITY AT ALL IN TERMS OF SCENIC BEAUTY.

IT WILL FIT RIGHT IN WITH WHAT'S CURRENTLY THERE.

UM, I THINK THAT'S ABOUT IT, UNLESS ANYONE HAS ANY QUESTIONS.

OH, WELL, I DO WANNA SAY ONE MORE THING.

UM, I WANNA ECHO WHAT MR. LINCOLN SAID.

HIS ABILITY TO BE ON THE SITE AS MUCH AS POSSIBLE, UM, WILL ALLOW HIM TO CONTINUE TO WORK WITH US TO IMPROVE THE PROPERTY, BRING IT BACK TO ITS FUNCTIONING WETLAND STATE, AND GET IT IN COMPLIANCE WITH THE EASEMENT.

'CAUSE AT THIS TIME, THE PREVIOUS OWNER DID NOT DO ANY MAINTENANCE AND SO IT'S OUT OF COMPLIANCE.

SO HIM BEING ON THE PROPERTY OR AS CLOSE AS POSSIBLE WILL ASSIST IN ALLOWING HIM TO, YOU KNOW, PROVIDE MAINTENANCE TO THAT PROPERTY AND BRING IT BACK INTO COMPLIANCE.

OKAY.

ANY QUESTIONS? WILL YOU ENLIGHTEN US ON YOUR AFFILIATION WITH NRCS? OH, I'M SORRY.

SO I'M THE DISTRICT CONSERVATIONIST WITH NRCS HERE IN, UM, THE OFFICES IN MACK.

I COVER MACK AND NORTH HAMPTON COUNTIES.

SO MY AGENCY, WE ARE THE ONES THAT HOLD THE RIGHTS TO THE EASEMENT.

AND I'M RESPONSIBLE FOR, UM, DOING ANY SORT OF MONITORING OF THE EASEMENT, MAKING SURE THE LANDOWNER'S IN COMPLIANCE, UM, MAKING SURE THE BOUNDARIES ARE CORRECT, UM, EVERYTHING TO DO WITH MANAGING THAT EASEMENT.

OKAY.

THANK YOU.

YOU ARE WELCOME.

THANK YOU.

OH, NO FURTHER QUESTIONS.

OKAY.

THANK YOU.

THANK YOU.

PAT, DID YOU, UM, WOULD YOU GIVE US YOUR FULL NAME FIRST? PATRICK MUSO.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD ON ALL MATTERS BEFORE I DO.

OKAY.

WHAT WOULD YOU LIKE TO SHARE WITH US? WELL, WE JUST WANNA MAKE SURE THAT WE'RE IN COMPLIANT WITH ALL THE CONSTRUCTION ASPECT OF THE JOBS.

UM, WE WANT TO GET OVER THIS HURDLE SO WE CAN GO AHEAD NOW AND PULL PERMITS FOR, UH, CLEARING THE LAND AND, UH, UH, VO UH, CULVERT PIPE PUT IN AND PUT IN THE DRIVEWAY SO HE CAN ACCESS THE LOT.

RIGHT NOW THE, THE LOT IS, UH, WE CAN'T ACCESS IT AT ALL 'CAUSE IT'S SO HEAVILY WOOD.

AND IF YOU HAVE ANY QUESTIONS ON ANY OF THAT,

[00:30:01]

ANY QUESTIONS? THANK YOU.

OKAY.

THANK YOU SINJA.

ANYTHING ELSE YOU WOULD LIKE TO ADD? NO, SIR.

OKAY.

UH, WE HAVE THE MOTION BEFORE US.

ARE WE READY TO MAKE A MOTION? OKAY.

I MOVE THAT TO MACK COUNTY BOARD OF ZONING APPEALS APPROVE, SUSE DASH 0 0 0 0 7 6 20 26.

A SPECIAL USE PERMIT PURSUANT TO MIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 2 7 FOR USE OF LAND SPEC, NOT SPECIFICALLY LISTED AS A USE PERMITTED BY RIGHT OR BY SPECIAL EXEMPTION EXCEPTION.

SPECIAL USE IN THE AGRICULTURAL DISTRICT REGULATIONS, WHICH IS CLEARLY SIMILAR AND COMPATIBLE WITH THE USES LISTED THEREIN FOR TAX PARCEL 53 DASH A DASH 1 21 B ONE WITH THE SEVEN CONDITIONS RECOMMENDED BY STAFF.

WE'VE GOT A MOTION TO APPROVE.

DO WE HAVE A SECOND? SECOND.

IT'S BEEN PROPERLY MOVED.

AND SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

IT HAS BEEN APPROVED.

THANK YOU.

THANK YOU FOR YOUR SERVICE.

MY PLEASURE.

THANKS FOR SAYING THAT THE PUBLIC HEARING IS OFFICIALLY ARE THE MATTERS THAT, UH, WE NEED TO HEAR FROM YOU SENT.

YEP.

SO, UM, WE HAVE, UH, THIS CASE, THIS IS, UH, PART OF AN EXISTING SPECIAL USE PERMIT CASE.

THIS IS SUSE 4 17 20 22.

UM, JUST TO GIVE YOU SOME BACKGROUND, THE AKIMA COUNTY BOARD OF ZONING APPEALS APPROVED A SPECIAL USE PERMIT FOR TAX MAP 79 DASH A DASH 17 A FOR LIGHT AND INDUSTRY BEING THE USE OF AN AUTO REPAIR FACILITY.

AND THAT WAS ON NOVEMBER 2ND, OR ON NOVEMBER 2ND, 2022, NOT 2026.

AND IT HAD THE FOLLOWING CONDITIONS.

UH, NUMBER ONE, THE FENCE THAT IS LOCATED ON THE PARCEL MUST BE COMPLETED AND MAINTAINED IN THE VEHICLES THAT ARE UNLICENSED AND NOT BEING IMMEDIATELY REPAIRED SHALL BE KEPT INSIDE THE GARAGE OR INSIDE THE FENCE AREA AND BE, AND BE PARKED OUT FRONT.

UH, NUMBER TWO, NO MORE THAN FIVE UNLICENSED VEHICLES MAY BE STORED ON THE PARCEL AT ANY ONE TIME.

AND THE STORAGE OF JUNK VEHICLES FOR PARTS IS PROHIBITED.

UM, AND OF COURSE WE'RE HERE BECAUSE WE BELIEVE THAT HE'S IN VIOLATION OF BOTH OF THOSE CONDITIONS.

HERE'S SOME PICTURES SHOWING, UM, THE UNLICENSED VEHICLES.

AND THE LAST PICTURE IS A FENCE THAT'S NOT COMPLETED.

WHAT I WILL SAY IS WE DID RECEIVE A PICTURE THIS MORNING THAT DOES APPEAR THAT THE SCREEN HAS BEEN PUT UP ON THE FENCE.

UH, BUT WE STILL HAVE ALL OF THESE UNREGISTERED VEHICLES JUST BEING STORED ON THE PROPERTY.

UM, FOR ME, UM, I THINK WE HOLD A PUBLIC HEARING IN ORDER TO REVOKE THE SPECIAL USE PERMIT FOR FAILURE TO COMPLY WITH THE CONDITIONS.

NOW, WE'RE NOT VOTING TO REVOKE IT, WE'RE VOTING TO HAVE A HEARING TO HAVE HIM COME IN, EXPLAIN.

AND THEN WE VOTE TO EITHER SAY YES OR NO.

OKAY.

UH, JUST A, UH, A QUESTION WHEN, WHEN WE PUT THOSE RE RECOMMENDATIONS THAT YOU HAD BEFORE YEAH.

ON, ON A PROPERTY, AND THEY DON'T, THEY DON'T COMPLY WITH A CERTAIN PERIOD OF TIME, WHAT IS, ARE, ARE, ARE THEY GIVEN A FINE, ARE THEY GIVEN A NOTICE? ARE THEY GIVEN A WARNING? WHAT, WHAT, WHAT'S THE PROCEDURE? SO, SO FOR US, UH, MR. MILBURN'S BEEN WORKING ON THIS, SENDING LETTERS, TRYING TO BE IN CONTACT FOR SAY, TWO YEARS, MAYBE MORE YEARS.

SO WE ARE AT THE POINT WHERE THAT'S DOESN'T SEEM TO BE WORKING.

SO THIS IS THE NEXT LOGICAL STEP.

OKAY.

IT'S HELPFUL TO HEAR THAT.

AND, AND SO THEY'VE BEEN UNRESPONSIVE EXCEPT IN THE LAST COUPLE DAYS.

OKAY.

PAUL? ONCE OKAY.

BUILDING AND ZONING.

I GAVE 'EM A CALL ABOUT A WEEK AGO TO ADVISE THEM THAT, THAT WE WOULD BRING THIS TO THE BZA.

AND, UM, JUST MAYBE 30 MINUTES AGO, I GOT AN EMAIL WITH A BUNCH OF PICTURES SHOWING, UM, WHAT MAY BE A COMPLETED FENCE.

UM, SO THEY, THEY'RE MAKING AN EFFORT NOW.

OKAY.

UM, THERE, THERE STILL WOULD BE AN ISSUE OF THE UNREGISTERED VEHICLES TRYING TO SORT THAT OUT.

AND THAT'S THE PROPERTY RIGHT? ON 13, THE OLD ? YEAH.

BESIDE THAT.

YEAH.

THEY, THEY HAVE A LOT MORE THAN FIVE.

WELL, I DON'T KNOW IF ALL OF 'EM UNREGISTERED, BUT I MEAN, IT'S, I THINK HE HAS A NUMBER OF MAYBE DEALER PLATES OKAY.

THAT, THAT GO BACK AND FORTH AMONG THE CARS THERE.

BUT I DO BELIEVE THERE'S MORE, I'VE BEEN TOLD THERE'S MORE THAN FIVE WITHOUT ANY PLATES.

OKAY.

IS IS IT POSSIBLE TO GET AN AERIAL IMAGE, A GIS IMAGE? YEAH, IF, IF YOU WANNA GIMME A MINUTE,

[00:35:01]

I CAN, I CAN PULL THAT UP.

I MEAN, FOR THE, FOR THE PUBLIC, WE CAN PULL IT UP NOW, BUT FOR WHEN WE DO THE OTHER HEARING, BECAUSE YOU KNOW, I FARM ALL AROUND THERE, I FARM ALL THAT LAND, I RIDE BY IT, LOOK AT IT EVERY DAY AND YOU KNOW, THERE'S AN, AN AERIAL IMAGE WOULD TELL THE STORY.

YES, I CAN, WE COULD DEFINITELY HAVE THAT FOR THE HEARING.

THAT WOULD BE IMMENSELY BENEFICIAL.

YEAH.

I CAN GO BACK THE WHOLE WAY.

WELL, I MEAN, YOU CAN GO BACK.

YEAH.

2002.

YEAH.

I DON'T THINK HE WAS NECESSARILY OPERATING IN 2002, BUT WE CAN GO BACK.

IT WAS, IT WAS NOT 2002.

2222, I MEAN YEAH.

I GO BACK TO WHEN IT WAS AT GAS STATION, ONE OLD GUY THAT RAN THE LITTLE SHOP THERE.

YEAH.

AND HE MIGHT HAVE HAD TWO CARS AT A TIME.

RIGHT.

AND I SEE OTHER LOCATIONS THAT MAYBE THEY'LL BUILD UP AND THEN THEY'LL DIMINISH.

BUT THE, THE VEHICLES THAT ARE THERE ARE REGISTERED, YOU KNOW, TAGGED VEHICLES.

RIGHT.

AND, UH, I THINK WHAT HE'S DOING IS HE'S PURCHASING CARS AND FIXING THEM UP TO SELL MM-HMM .

SO A LOT OF THOSE CARS AREN'T CLIENT CARS.

HE'S PURCHASING OLD VEHICLES AND HE'S FIXING THEM UP AND HE PLACES THEM ON HIS FRONT LOT TO SELL.

SO HE ONLY HAS TWO GARAGE BAYS.

AND ALSO PART OF THE STIPULATION WAS YOU WEREN'T SUPPOSED TO KEEP DUMP CARS.

RIGHT.

SO IF YOU LOOK BEHIND THAT FENCE, HE'S GOT A BUNCH OF JUNK CARS HE'S TAKING PARTS OFF OF MM-HMM .

TO REPAIR OTHER CARS, WHICH IS A VIOLATION.

YEAH.

YEAH.

OKAY.

AND, AND I BELIEVE IT'S, IT'S NOT APPROPRIATE FOR HIM TO SELL VEHICLES.

NO.

THAT'S NOT PART OF HIS SPECIAL.

RIGHT.

YEAH.

RIGHT.

OKAY.

SO ARE YOU ASKING US TO, TO MAKE A RECOMMENDATION THAT WE HOLD A SPECIAL HEARING? OKAY.

YEAH.

WE'RE JUST VOTING ON IF HE WANT US TO HAVE A HEARING NEXT MONTH.

OKAY.

DO WE, DO WE HAVE A MOTION TO, TO HAVE A HEARING NEXT MONTH? I MOVE THAT WE HAVE A, UM, HERE IS THIS NEXT MONTH.

OKAY.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? AYE.

AYE.

OKAY.

WELL THAT'S IT FOR THE, FOR THE OTHER STUFF.

UH, FOR AUGUST WE HAVE, UM, WELL NOW WE HAVE SIX CASES WITH THIS, BUT UH, THE OTHER FIVE ARE BASICALLY TWO ACCESSORY STRUCTURES WITHOUT A PRIMARY, UH, TWO SETBACK VARIANCES AND ONE ACCESSORY DWELLING THAT'S ALSO GONNA HAVE A VARIANCE.

SO SIX CASES FOR AUGUST.

OKAY.

THANK YOU.

THAT'S ALL I GOT.

OKAY.

OUR NEXT MEETING WILL BE AUGUST THE FIFTH.

DO WE HAVE A MOTION TO ADJOURN? I WILL WE ADJOURN THIS MEETING? DO WE HAVE SECOND? SECOND.

ALL IN FAVOR? AYE.

AYE.

THANK YOU GUYS FOR COMING.

THANK, THANK THE STAFF.