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BOARD OF ZONING APPEALS,[Board of Zoning Appeals on October 7, 2026.]
WE COULD HAVE YOUR ATTENTION.UH, WE'RE CALLING THE MEETING TO ORDER.
I'M GONNA ASK, UH, ALL OF OUR, THE OTHER MEMBERS, IF THEY WILL INTRODUCE THEMSELVES AS WELL.
LYNN GALE GRACIE MILBORNE, A SEA BOLT.
IT TAKES THREE VOTES IN ORDER TO APPROVE ANYTHING THAT COMES BEFORE US ON TODAY.
AND WE ALSO WANT TO THANK OUR STAFF FOR BEING WITH US TODAY AS WELL.
UH, WE DON'T HAVE ANY, UH, REMOTE PARTICIPATION.
UH, TODAY WE HAVE ONE MEMBER WHO IS ABSENT WITH THE, UH, CORRECTIONS THAT WAS GIVEN TO US ON THE AGENDA.
DO WE HAVE A MOTION TO ADOPT THE AGENDA? UH, FOR TODAY? I MOVE.
WE ADOPT, WE ADOPT THE AGENDA FOR WEDNESDAY, OCTOBER 7TH MEETING.
DO I HAVE SECOND PROPERLY? MOVE TO SECOND.
UH, HOPEFULLY EVERYONE'S HAD AN OPPORTUNITY TO LOOK AT THE MINUTES FROM SEPTEMBER THE SECOND.
UH, MR. CHAIR, I READ THE MINUTES.
I SAW A COUPLE OF CORRECTIONS.
UM, SO I MOVE THAT WE APPROVE THE MINUTES OF THE SEPTEMBER 2ND, 2026 MEETING.
WE HAVE A MOTION TO APPROVE WITH THE NECESSARY CORRECTIONS.
DO WE HAVE A SECOND? DO SECOND.
THE MINUTES HAVE BEEN APPROVED AT THIS TIME.
GIN WILL COME TO FOR US AND PRESENT THE WAY, THE WAY IT WILL HAPPEN.
UH, THE STAFF WILL PRESENT AND THEN THERE WILL BE AN OPPORTUNITY FOR, UH, THE APPLICANT, UH, TO ANSWER ANY QUESTIONS OR GIVE US ANY PERTINENT INFORMATION THEY NEED TO GIVE OR THEIR REPRESENTATIVE.
AND THEN IF YOU HAVE SIGNED UP, UH, THAT WILL BE AN OPPORTUNITY FOR A PUBLIC, UH, EXPRESSION THAT THOSE, UH, ARE ONLY FOUR MINUTES LONG.
SO SEND YOU AND RETURN THE FLOOR TO YOU FOR OUR FIRST CASE.
UH, FOR THOSE OF YOU THAT DON'T KNOW ME, I'M CINDY JONES.
I'M CODE ENFORCEMENT OFFICER FOR ZONING.
WE'VE GOT, UH, NINE CASES TO GET THROUGH.
SO THE FIRST CASE IS, UH, ROXANNE STEVENS.
THIS IS, UH, VARIANCE 1 28 20 26.
THIS IS, UH, MULTIPLE VARIANCES IN THE AGRICULTURAL DISTRICT.
UM, THERE'S SOME BACKGROUND INFORMATION THERE.
UH, PROPERTY IS CURRENTLY ZONED AGRICULTURAL.
UM, THE PROPERTY ALSO HAS A RESIDENCE AND THEY'RE GOING TO, UH, SPLIT THE PROPERTY INTO TWO PIECES.
WE'LL SEE THAT HERE IN A SECOND.
THERE'S SOME, UH, PICTURES OF THE PROPERTY, UH, PROPERTY'S LOCATED ALONG ATLANTIC ROAD.
THAT IS THE, UH, PRIMARY DWELLING THAT'S ON ONE PIECE.
UM, THIS IS A LITTLE ACCESS ROAD WHERE YOU CAN ACCESS THE REST OF THE PROPERTY.
AND THIS IS THE APPROXIMATE LOCATION OF WHERE THE LINE FROM, UH, PROPERTY ONE TO PROPERTY TWO IS GOING TO BE.
BUT WE'LL SEE THAT IN THE, UH, THE PLAT.
SO THIS IS WHERE THE PROPERTY'S LOCATED.
THAT IS ROYAL FARMS. THE WALLOPS, UH, ROYAL FARMS RIGHT THERE ZONED AGRICULTURAL, UH, FUTURE LAND USE IS A VILLAGE DEVELOPMENT AREA, NOT IN A FLOOD ZONE, AND NOT IN AN RPA.
AND THIS IS, THIS IS WHAT THEY'RE DOING.
UM, YOU SEE THE, THE HOUSE, UM, ON ONE PARCEL UP HERE.
AND THAT IS THE LINE THAT THEY'RE TRYING TO PUT IN BETWEEN THE TWO PARCELS.
SO, UH, CONSIDERATIONS FOR VARIANCE APPLICATION, UH, STRICT APPLICATION AND A REASONABLE RESTRICTION VERSUS ALLEVIATING HARDSHIP.
THE USE OF THE PROPERTY WOULD NOT CHANGE.
IT IS THE APPLICANT'S DECISION TO SUBY THE PROPERTY IN THIS WAY.
UH, NUMBER TWO, IS THIS A GOOD FAITH ACQUISITION OR NOT A SELF-CREATED HARDSHIP? THE ANSWER THERE IS NO.
WHILE THE PROPERTY APPEARS TO BE ACQUIRED IN GOOD FAITH, UH, THE APPLICANT IS CHOOSING TO SPLIT THE PROPERTY UP IN A WAY THAT IT NEEDS MULTIPLE VARIANCES.
UH, NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.
UM, NO ADVERSE IMPACT IS ANTICIPATED.
THE PROPERTY WOULD OTHERWISE RE MEET SETBACK REQUIREMENTS EXCEPT FOR THOSE THAT WE ARE ASKING FOR VARIANCE OF.
SO THERE'S A COUPLE OF ACCESSORY STRUCTURES THAT, BECAUSE THAT LINE IS BEING PUT IN THERE, THEY NEED FRONT AND REAR SETBACK, UH, RELIEF.
NUMBER FOUR, GENERAL OR RECURRING ENOUGH IN NATURE TO AMEND THE ORDINANCE.
THIS REQUEST IS SPECIFIC TO THIS CASE.
UH, NUMBER FIVE, RESULTED OF A USE NOT OTHERWISE PERMITTED.
THE USE OF THE PROPERTY FOR A RESIDENTIAL HOME WOULD NOT BE AFFECTED.
AND NUMBER SIX, IS THIS REMEDY AVAILABLE THROUGH SPECIAL EXCEPTION.
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AND THE ANSWER THERE WOULD BE NO.UH, UTILITIES, WE HAVE OVERHEAD UTILITIES ALONG ATLANTIC ROAD.
OF COURSE, THERE IS AN EXISTING WELL AND SEPTIC BECAUSE OF THE HOUSE.
UM, ATLANTIC ROAD IS A STATE MAINTAINED SECONDARY ROADWAY THAT IS AN AVERAGE CONDITION.
UH, AND THERE ARE NO ENVIRONMENTAL CONSTRAINTS.
IT'S NOT AN RPA OR IN A FLOOD ZONE.
UH, PUBLIC COMMENT NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
AND AS OF PREPARATION OF THIS REPORT, NO PUBLIC COMMENTS FOR OR AGAINST HAVE BEEN RECEIVED.
THE APPLICANT WISHES TO SPLIT A PROPERTY INTO TWO SEPARATE PARCELS.
THE PROPERTY WILL NOT MEET THE FRONTAGE AREA OR SETBACK REQUIREMENTS FOR AGRICULTURAL ZONING.
AND CREATING A PARCEL THAT DOES NOT COMPLY WITH THE ORDINANCE IS BY DEFINITION, A SELF-CREATED HARDSHIP.
STAFF RECOMMENDATIONS STAFF DOES NOT USUALLY MAKE RECOMMENDATIONS FOR VARIANCE CASES, HOWEVER, THE APPLICANT HAS NOT MET THRESHOLD OF APPROVAL FOR THE VARIANCE.
HOWEVER, SHOULD THE BCA APPROVE THE VARIANCE STAFF RECOMMENDS THE FOLLOWING CONDITIONS.
UM, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION NARRATIVE AS SUBMITTED.
UH, NUMBER TWO, THE APPLICANT SHALL COMPLY WITH, UH, HEALTH DEPARTMENT VO, AND COUNTY REGULATIONS FOR THE SPLIT OF THE PARCEL.
UH, NUMBER THREE, THE APPLICANT SHALL APPLY FOR A SUBDIVISION REVIEW WITH THE COUNTY.
AND NUMBER FOUR, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE VARIANCE NULL AND VOID.
THAT IS THE MOTION I CAN ANSWER ANY QUESTIONS YOU HAVE.
I BELIEVE THE, UM, THE SURVEYOR THAT'S, THAT'S DOING THE PLAT IS ALSO HERE IF YOU HAVE ANY QUESTIONS FOR HIM.
SEE, THE PLAT IS SMALL IN, IN SIZE.
AND I REALLY CAN'T READ THE MEASUREMENTS.
UM, SO THE PARCEL AS IT IS NOW IS 180 SOMETHING, I GUESS.
AS FAR AS THE ACREAGE, THE SIZE ALONG THE ROAD.
OH, THE, SO, SO THE SI SO ALONG THE ROAD IT IS OVER 150 FEET.
I KNOW THAT THEY, THEY MEET FRONTAGE FOR, THEY MEET FRONTAGE FOR AGRICULTURAL ZONING.
AND THE PARCEL ITSELF IS ONE PARCEL ITSELF, I BELIEVE IS WHEN YOU SPLIT IT OUT.
I BELIEVE IT'S LIKE 0.63 ACRES, THAT FRONT SECTION.
BUT IN TOTAL, IT, IT WAS ORIGINALLY 2.14 ACRES, 2 1 4.
IS THERE ANY OTHER QUESTIONS FOR SYNGEN BEFORE WE HEAR FROM THE SURVEYOR OR APPLICANT? I DON'T KNOW WHETHER IT'S FOR YOU OR WHAT.
WHY DO THE ZIGZAG ON THE BACK LINE? MY, MAYBE THE SURVEYOR CAN ANSWER THIS BETTER THAN I CAN, BUT MY, MY ASSUMPTION WOULD BE IT HAS SOMETHING TO DO WITH WHERE THE PLACEMENT OF THE SHEDS ARE.
SO IF YOU LOOK AT DETAIL A DOWN HERE, UM, YOU COULD SEE THIS IS NOT ONE SHED.
SO MY, MY ASSUMPTION IS THEY HAD TO DO THIS TO MEET SITE SETBACK REQUIREMENTS FOR THAT SHED, BUT IT STILL NEEDS FRONT SETBACK RELIEF FOR THE VARIANCE.
MY, THAT'S JUST MY THOUGHT IS THEY HAD TO DO THE ZIGZAG LIKE THAT TO MEET SOME PART OF OUR ORDINANCE.
SO THAT, DOES THAT PUT ONE SHED ON ONE SIDE OF THE LINE? ONE ON THE OTHER? YES.
THAT'S, IF WE HAVE NO OTHER QUESTIONS FOR SEJA, IF THE APPLICANT OR SURVEYOR HAS ANYTHING TO SHARE, YOU CAN COME FORWARD, WOULD, WOULD YOU GIVE US YOUR NAME? UH, MY NAME'S STEVE WEIBEL.
WOULD YOU, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH ON OUR MATTERS BEFORE US? I DO.
WHAT WOULD YOU LIKE TO SHARE WITH US? UH, FIRST I WANT TO APOLOGIZE.
I'M A LITTLE UNPREPARED FOR THIS.
UH, I'M USED TO WORKING IN PENNSYLVANIA MOST OF THE TIME, AND OUR ZONING MEETINGS THERE IS WITH ONE PERSON IN AN OFFICE.
THIS'S A LITTLE MORE FORMAL THAN I'M USED TO, BUT, UH, I JUST WANT TO GIVE YOU A BRIEF OVERVIEW.
UH, YOU'RE, HE WAS EXACTLY RIGHT ON WHAT, WHY WE MADE THE ZIGZAGGING THE LINE.
UM, THAT'S THE ONE VARIANCE BECAUSE THE, THE, OUR CLIENT WANTED TO KEEP THE ONE SHED ON THE PROPERTY AND THE OTHER SHED ON THE OTHER PROPERTY WHEN IT'S OVER WITH.
THAT WAY, THE, THE HOUSE HAS THE SHED FOR STORAGE AND HE CONTINUES TO HAVE THE OTHER SHED FOR STORAGE.
UH, IS THE MAIN REASON WHY WE DID THAT.
UM, IT ALSO GIVES A LITTLE MORE ROOM AROUND THE, UH, SEPTIC AREA, UH, IN CASE SOMETHING EVER HAPPENS TO
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GIVE, GIVE A LITTLE BIT OF MAINTENANCE ROOM FOR IT, IF THAT MAKES ANY SENSE.IT, THE, THE SEPTIC AREA'S RIGHT BEHIND THE HOUSE THERE.
UM, AND THE OTHER, UH, VARIANCE WE WAS ASKING FOR WAS FOR, UH, ROAD FRONTAGE.
IT HAS AN EXISTING RIGHT OF WAY THAT, UH, FEEDS NOT ONLY THAT PARCEL, BUT SEVERAL OTHER PARCELS ALSO OWNED BY, UH, OUR CLIENT.
SO, UH, IN OUR, IN OUR EYES, THAT DOESN'T DISCRETE MUCH OF A PROBLEM IN, IN THE FUTURE.
'CAUSE IT'S STILL STILL FEEDING OTHER LOTS.
SO, UM, I DON'T KNOW IF THAT CLEARED ANYTHING UP OR MADE IT MORE MUDDY.
SO
HE ACTUALLY WANTS TO GIVE IT TO HIS DAUGHTER.
AND SO IT CREATES WHAT WE CALL A FLAG LOT, ACTUALLY.
UH, YEAH, I GUESS, AND TECHNICALLY IT WOULD BE, UH, IT'S A RIGHT OF WAY UP TO IT.
IN, IN, IN MY OPINION, OF A FLAG LOT.
IT'S, IT'S PART OF THE PROPERTY.
THIS IS A, A RIGHT OF WAY UP TO THAT PROPERTY.
SO IT'S A LITTLE BIT DIFFERENT, BUT MM-HMM
IT, IT, IT'S A, IS IT A DEEDED RIGHT OF WAY? YES.
30 FEET WIDE? UH, I CAN'T REMEMBER THAT.
DO WE HAVE ANY OTHER QUESTIONS? THANK YOU.
IF THEY HAD NO OTHER QUESTIONS, ARE WE READY TO MAKE A MOTION? ONE, ONE QUESTION.
UM, SO IN A VILLAGE DEVELOPMENT, IF THIS WAS ALREADY VILLAGE DEVELOPMENT, WHICH IS A FUTURE LAND USE RECOMMENDATION, UM, CHANGE, WHETHER THAT CHANGE WHETHER IT WOULD MEET, UM, WHAT WOULD IT CHANGE? UH, MY UNDERSTANDING OF VILLAGE DEVELOPMENT IS IT'S DEFINITELY SMALLER.
SO IT'S, IT WOULD BE MORE CONFORMING TO WHAT VILLAGE DEVELOPMENT IS THAN WHAT AG IS.
SO IN THAT, IN THAT EVENT, IT WOULD BE A MORE CONFORMING PARCEL.
MY, MY UNDERSTANDING WITH VILLAGE DEVELOPMENT IS I BELIEVE IT'S 7,500 SQUARE FEET.
UM, 20,000, OH, EXCUSE ME, 20,000.
SO IT'S MORE CONFORMING TO, IT WOULD BE MORE CONFORMING TO VILLAGE DEVELOPMENT THAN AG.
SO EXCEPT FOR THE SETBACK FOR THE SHEDS.
THE SETBACK FOR THE SHEDS WOULD HAPPEN REGARDLESS.
SO SOMEWHERE IN THE SUBDIVISION ORDINANCE, UM, THERE IS A SECTION WITH, UH, FAMILY DIVISION OF LAND, IN OTHER WORDS MM-HMM
THE, THE THING ABOUT THE FAMILY SUBDIVISION, I, YOU'RE RIGHT, THAT IS THE FIRST TIME I'VE HEARD ANYTHING ABOUT THIS BEING DONE TO A FAM FOR A FAMILY MEMBER.
BECAUSE THAT WOULD CHANGE THINGS.
WE WOULD STILL HAVE TO COME HERE FOR THE, FOR THE SHEDS.
SO THE VARIANCE STILL DOES WORK, BUT YES, THEY, THEY WOULD NOT HAVE TO MEET, AT THE VERY LEAST, THE FRONTAGE REQUIREMENTS FOR THE, FOR THE FAMILY SUBDIVISION.
BUT THAT'S THE FIRST TIME I'VE HEARD ABOUT THAT.
ANY OTHER QUESTIONS? ARE WE READY FOR THE MOTION? I MOVE THAT TO AKIMA COUNTY BOARD OF ZONING APPEALS APPROVED VARIANCE 0 0 0 1 2 5 DASH 2 0 2 6 VARIANCES OF 4.4 ACRES AND 3.47 ACRES FROM THE FIVE ACRE AREA REQUIREMENT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH FIVE FIVE A 150 FEET FROM THE 150 FOOT FRONTAGE REQUIREMENT PURSUANT TO MIMA COUNTY CODE SECTION 1 0 6 DASH FIVE SEVEN AND FOUR 9.03 FEET, AND 44 FEET FROM THE 50 FOOT FRONT SETBACK REQUIREMENT PURSUANT TO ACK COUNTY CODE SECTION 1 0 6 DASH FIVE SIX FOR TAX PARCEL 28 C TWO DASH A DASH TWO, WITH THE FOUR CONDITIONS RECOMMENDED BY STAFF MI.
MR. GALE, I THINK YOU'RE LOOKING AT AN OLD ONE.
THERE'S SO, UM, AFTER 56 IT SHOULD BE, AND A VARIANCE.
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FEET FROM THE FIVE FOOT REAR SETBACK REQUIREMENT FOR ACCESSORY STRUCTURES PURSUANT TO MACK COUNTY CODE SECTION 1 0 6 DASH FIVE EIGHT B FOR TAX PARCEL 28 C TWO DASH A DASH TWO WITH THE FOUR CONDITIONS RECOMMENDED BY STAFF, WE HAVE A, HAVE A MOTION TO APPROVE.ALL IN FAVOR? OH, BEFORE, BEFORE WE VOTE, I THINK MR. GALE ALSO SAID VARIANCE 1 25.
SO WE HAVE A MOTION TO APPROVE TO A SECOND.
SO WE'RE GONNA TRY AND GO THROUGH THIS ONE REALLY QUICK.
THIS IS, UH, WILLIAM CUSA SMITH.
THIS IS A TOWER OVER A HUNDRED FEET.
WE, WE TALKED ABOUT THIS AT LAST MONTH'S BZA AND IT GOT APPROVED.
UM, PROCEDURALLY WE DID NOT GIVE THE TOWN OF HALL WOOD NOTICE, BUT FOR THIS MEETING, THE TOWN OF HALL WOOD WAS GIVEN NOTICE.
SO WE'VE MET THAT PROCEDURAL REQUIREMENT.
UM, SO REALLY QUICKLY, LOCATION'S 54 DASH A DASH 2 0 9, UM, AGRICULTURALLY ZONED PIECE OF PROPERTY, ABOUT 31 ACRES.
UM, THESE ARE SOME PICTURES OF THE SITE, AND THIS IS APPROXIMATELY WHERE IT'S GONNA BE.
YOU'RE GONNA SEE THE TOWN HALL WOULD RIDE THERE THEN.
UM, WE HAVE SOME VILLAGE DEVELOPMENT IN THE FUTURE.
LAND USE ON THE PROPERTY UP THIS WAY, NOT IN A FLOOD ZONE, AND NOT IN AN RPA.
AND THEN WE HAVE, UH, SOME PICTURES.
THIS IS WHAT THE, THIS IS WHERE THE TOWER'S GOING TO GO.
THAT'S WHAT IT'S GONNA LOOK LIKE.
JUST GO THROUGH THIS REALLY QUICKLY.
WE TALKED ABOUT 'EM LAST MONTH.
NO DETRIMENTAL EFFECTS ARE ANTICIPATED.
UM, IN FACT, IT'S PROBABLY GONNA BE BETTER BECAUSE PUBLIC SAFETY IS ALWAYS TALKING ABOUT WE NEED BETTER CELL COVERAGE.
SO THIS IS GOING TO ACTUALLY, YOU KNOW, HELP US.
AND ON TOP OF NOT HAVING ANY DETRIMENTAL EFFECTS, AGAIN, OVERHEAD POWER LINES ARE ON BETHEL CHURCH ROAD.
BETHEL CHURCH ROADS OF VDOT MAINTAINS SECONDARY HIGHWAY, I WOULD CONSIDER AN AVERAGE CONDITION.
AGAIN, PUBLIC SAFETY TO REITERATE, IMPROVED CELLULAR SERVICE WILL ASSIST EMERGENCY SERVICES.
UH, NO PUBLIC COMMENTS HAVE BEEN RECEIVED.
AND THEN OBVIOUSLY WE ARE DOING 199 FOOT LATTICE TOWER IN THE AG DISTRICT.
THIS REQUIRES SPECIAL USE PERMIT AND IMPROVE CELL SERVICE.
STAFF RECOMMENDS APPROVAL OF SUSC 1 36.
SHOULD THE BZA APPROVE THE STAFF RECOMMENDS THE FOLLOWING CONDITIONS.
I'LL GO AHEAD AND READ 'EM AGAIN.
NUMBER ONE, THE APPLICANT SHALL APPLY FOR A BUILDING PERMIT WITH THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
UH, NUMBER TWO, THE APPLICANT SHALL COMPLY WITH THE RELEVANT, UH, VDH AND DEPARTMENT OF TRANSPORTATION REGULATIONS.
NUMBER THREE, THE BUILDING APPLICATION SHALL BE CONSISTENT WITH THIS APPLICATION.
NUMBER FOUR, THE PROPERTY SHALL BE PROPERLY MAINTAINED WHILE THE STRUCTURE IS BEING CONSTRUCTED AND SHALL NOT BE ALLOWED TO FALL INTO DISREPAIR AFTER NUMBER FIVE.
THE APPLICANT SHALL APPLY WITH SECTION 1 0 6 2 3 7 AS IT RELATES TO TOWER REGULATIONS.
NUMBER SIX, THE SPECIAL USE PERMIT IS VALID FOR TWO YEARS.
AND NUMBER SEVEN, A VIOLATION OF THESE CONDITIONS SHALL RUN WITH A SPECIAL USE PERMIT, NULL AND VOID.
AND NOTHING HAS CHANGED SINCE LAST MONTH, CORRECT? NOTHING HAS CHANGED.
DID WE HAVE ANY OTHER QUESTIONS FOR SYNGEN ABOUT THIS? DID THE APPLICANT SHOW UP TODAY? UM, SHE DID.
DID, DID, IS THERE ANYTHING NEW YOU WANNA SHARE WITH US? NO.
WE APPRECIATE YOU APPROVING THIS LAST TIME AND WE, UH, HOPE THAT YOU WILL APPROVE IT ONCE AGAIN.
AND MS. MILLBURN WAS RIGHT FOR THE RECORD.
'CAUSE SHE WAS THE ONE THAT BROUGHT UP THE ISSUE LAST TIME.
IF, IF THERE ARE NO FURTHER QUESTIONS, ARE WE READY FOR A MOTION I MOVE AT ACK COUNTY BOARD ZONE APPEALS APPROVE, SUSE 0 0 0 1 3 6 DASH 2026, A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 53 26 TO ALLOW FOR THE CONSTRUCTION OF A 199 FOOT LATTICE TOWER ON TAX PARCEL 54 DASH EIGHT DASH 2 0 9 WITH THE SEVEN CONDITIONS RECOMMENDED BY STAFF, WE HAVE A, A MOTION TO APPROVE.
REALLY QUICKLY, JUST SO IT'S PART OF THE RECORD, UM, MR.
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UH, THAINE HAS WITHDRAWN HIS APPLICATION.SO THAT WAS WHAT THE, UM, UM, THE AMENDMENT TO THE AGENDA WAS.
HE, HE GAVE ME AN EMAIL ON MONDAY SAYING HE DID NOT WANT TO PURSUE THIS, THIS PROJECT ANYMORE.
SO THAT'S A, THAT'S A PERMANENT WITHDRAWAL.
WELL, BECAUSE HE WOULD, BECAUSE HE WITHDREW IT, HE COULD COME BACK AND, AND APPLY FOR IT AGAIN.
OF COURSE, HE WOULD HAVE TO GO THROUGH THE PROCESS ALL, ALL OVER AGAIN.
YOU SHOULD PROBABLY LIKE, REMOVE MYSELF FROM THERE, RIGHT? YEAH.
SO I GUESS FOR THE RECORD, UM, MR. SEABOLD IS RECUSING HIMSELF FROM THIS CASE.
SO NOW WE HAVE THREE, ALL THREE OF YOU HAVE TO SAY YES.
THIS IS SUSE 0 0 0 1 5 5 20 26.
AND THIS IS AN ACCESSORY STRUCTURE IN THE AGRICULTURAL DISTRICT.
LLC, APPLICANT OWNER, OBVIOUSLY WE HAVE THE APPLICANT HERE WITH US.
UH, THIS IS TAX MAP NUMBER, 70 DASH A DASH 1 43, UH, LOCATED IN DISTRICT TWO.
ACREAGE IS, UH, 338 ACRES ZONED AGRICULTURAL FUTURE LAND USE FOR RECOMMENDATION IS AGRICULTURAL AND CONSERVATION AREA.
AND CURRENTLY PROPOSED USES ARE STILL AGRICULTURAL IN NATURE.
THIS IS THE PROPERTY ZONED AG.
UM, YOU SEE FUTURE LAND USE IS A COMBINATION OF AG AND CONSERVATION.
THE, UM, UH, THE ACCESSORY STRUCTURE IS GONNA BE APPROXIMATELY IN THIS LOCATION HERE.
SO NOWHERE NEAR WHERE THE PROPOSED CONSERVATION AREA IS.
UM, IT HAS FLOOD ZONE ON IT, BUT NOT WHERE THE STRUCTURE IS GOING TO BE.
SO JUST FOR REFERENCE STRUCTURE'S GONNA GO RIGHT ABOUT THERE.
AND THEN NOT AN RPA, THIS IS ON THE SEASIDE.
THERE'S SOME PICTURES OF THE PROPERTY.
UM, THESE TWO ARE A HOG NECK ROAD.
UH, WE HAVE, UM, AND TWO PICTURES OF THE APPROXIMATE LOCATION OF WHERE THE, WHERE THE ACCESSORY STRUCTURE IS GOING TO GO.
AND THEN YOU HAVE A SITE PLAN, OBVIOUSLY 600 FEET FROM THE PROPERTY LINE, 4,000 FEET FROM THE OTHER.
IT'S NOT LOCATED NEAR ANYTHING, NOT LOCATED IN A FLOOD ZONE, AS WE TALKED ABOUT BEFORE.
AND THAT'S KIND OF WHAT IT'S GONNA LOOK LIKE.
SO NOW, UH, CONSIDERATIONS FOR SPECIAL USE PERMITS, UH, WE'RE GONNA TALK TO ADVERSE IMPACT TO THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
AND THERE IS NO ADVERSE IMPACT AS ANTICIPATED.
PROPERTY IS LOCATED IN A RURAL AREA WITH FEW DWELLINGS.
UM, NUMBER TWO, UH, IMPACT TO PUBLIC UTILITIES, UH, NO ADVERSE IMPACT WILL RESULT OVERHEAD UTILITIES ARE ON HOG NECK ROAD.
UH, NUMBER THREE, UH, PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UM, THIS USE WILL NOT HAVE THIS EFFECT, UM, IMPACT TO THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS.
UM, NO ADVERSE IMPACT WILL RESULT.
NUMBER FIVE, UH, IMPACTING PROPERTY RIGHTS AND VALUES OF ADJOINING A NEARBY PROPERTY.
OWNERS ON ACCESSORY STRUCTURE WITHOUT A PRIMARY COULD AFFECT PROPERTY VALUES OF ADJACENT PROPERTIES.
UM, THIS PARCEL, HOWEVER, IS LARGE AND ISOLATED.
SO VERY FEW DWELLINGS AROUND HERE.
UH, NUMBER SIX, WHETHER PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
UM, THIS USE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, UH, CONFORMANCE WITH GOOD PRE ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES, AND REGULATIONS.
ACCESSORY STRUCTURES WITHOUT PRIMARY STRUCTURES ARE ALLOWED BY SPECIAL USE PERMIT.
AND NUMBER EIGHT, UH, GRANTING THE PERMIT WITH OR WITHOUT CONDITIONS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.
THIS REQUEST HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
UH, THERE IS NO INVERSE IMPACT TO PUBLIC UTILITIES.
UH, UTILITIES ARE ON HOG NECK ROAD.
HOG NECK ROAD IS A SECONDARY ROADWAY, I WOULD CONSIDER AN AVERAGE TO FAIR CONDITION.
UM, THE PROPERTY IS LOCATED IN A SPECIAL FLOOD HAZARD AREA THAT'S NINE BFE, AND EIGHT BFE.
BUT THE STRUCTURE WILL NOT BE LOCATED IN THE FLOODPLAIN AREA.
UH, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT ORDERS PER STATE LAW.
AND AS A PREPARATION OF THIS SLIDE DECK, NO PUBLIC COMMENTS HAVE BEEN RECEIVED.
STAFF FINDINGS, THE APPLICANT PROPOSES TO PLACE THE ACCESSORY STRUCTURE ON A PROPERTY WITHOUT
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A PRIMARY STRUCTURE, AND THE PROPERTY DOES NOT HAVE A PRIMARY STRUCTURE UNLESS A SPECIAL USE PERMIT IS REQUIRED.STAFF RECOMMENDS APPROVAL OF SUSE 1 5 5 20 26, AND IF THE BOARD OF ZONING APPEALS APPROVE THE SPECIAL USE PERMIT, WE RECOMMEND THE FOLLOWING CONDITIONS.
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 APPLICATION AND PLOT PLAN AS SUBMITTED.
NUMBER THREE, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE INSPECTIONS OF THE SITE UNTIL THE CERTIFICATE OF OF COMPLETION IS ISSUED.
UH, NUMBER FOUR, THE APPLICANT SHALL COMPLY WITH THE RELEVANT, UH, VDOT AND HEALTH DEPARTMENT REGULATIONS.
NUMBER FIVE, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE SPECIAL USE PERMIT IS ACTIVE.
AND NUMBER SIX, A VIOLATION OF ANY OF THESE CONDITIONS WILL RENDER THE SPECIAL USE PERMIT NULL AND VOID.
IF I CAN ADD ONE, UM, JUST SO IT'S ON HERE, UM, IT SHALL BE VALID FOR TWO YEARS.
SO, SO A SEVEN CONDITION? YEAH.
UM, THE SPECIAL USE PERMIT IS VALID FOR TWO YEARS.
AND JUST TO EXPAND ON THAT, AS LONG AS, AS LONG AS THE STRUCTURE IS THERE, UM, HE'S, HE'S MET THAT REQUIREMENT.
THAT IS THE MOTION I CAN ANSWER ANY QUESTIONS.
I JUST WANT TO AGAIN, POINT OUT IT'D BE SEVEN CONDITIONS INSTEAD OF SIX.
ANY QUESTIONS FOR SANGEN ON THIS ONE? IS THE APPLICANT HERE, WOULD YOU GIVE US YOUR NAME? UH, MY NAME'S ACE SAL FOR THE, OH, DO, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH ON ALL MATTERS BEFORE? YES, SIR.
AND FOR THE ELECTRONIC REC RECORDING, I'M SPEAKING AS A PRIVATE CITIZEN, NOT UP THERE ON THE DIOCESE.
WHAT WOULD YOU LIKE TO SHARE WITH US ABOUT MS. PRIVATE? IT'S JUST THE STRUCTURE.
YOU SEE THE PICTURE ON THE BACK.
IT'S, UH, BEYOND AN 18 BY 18 CRUSHED GRAVEL PAD, 16 BY 16 STRUCTURE.
IT'S FRANKLY JUST FOR USE FOR STORING HUNTING EQUIPMENT AND DEER AND DUCK HUNTERS CAN REST THERE DURING THE DAY.
AND THE PICTURE, IT'S A, UH, DO IT YOURSELF KIT.
SO HOPEFULLY IT'LL END UP LOOKING SOMETHING LIKE THAT.
YOU CAN HAVE, I GUESS YOU SIT DOWN.
IF WE HAVE NO OTHER QUESTIONS, ARE WE READY TO MAKE A MOTION? YEAH.
I MOVE THAT TO ACK COUNTY BOARD OF ZONING APPEALS APPROVE, SUSC 0 0 0 1 5 5 2 0 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 WRIGHT OR BY SPECIAL INCEPTION.
SPECIAL USE IN THE AGRICULTURAL DISTRICT REGULATIONS, WHICH IS CLEARLY SIMILAR AND COMPATIBLE WITH THE USES LISTED THEREIN FOR TAX PARCEL 70 DASH A DASH 1 43 WITH THE SEVEN CONDITIONS RECOMMENDED BY STAFF.
FIRST, UH, I JUST SAY, JUST FOR THE RECORD, WE NOW HAVE FOUR AGAIN, SO THERE YOU GO.
SO NEXT UP IS, UH, SUSE 1 5 8 20 26.
THIS IS TEMPORARY HABITATION OF AN RV AND THIS IS, UH, DAVID AND ANGELICA COOK, UH, LOCATION.
WELL, APPLICANT AND THE OWNERS ARE THE SAME.
UH, TAX PARCELS 83 C DASH ONE DASH 30 AND 83 C DASH ONE DASH 31 IS ALSO, UH, 2 4 0 7 7 TALL PINES DRIVE.
ELECTRIC DISTRICT SEVEN ACRES IS APPROXIMATELY, UH, 0.91, UH, ZONE AGRICULTURAL FUTURE LAND USES AG.
CURRENT AND PROPOSED USES ARE BOTH RESIDENTIAL IN NATURE AND ADJACENT USES.
WE HAVE SOME, UH, VACANT LOTS, BUT MOSTLY IT'S FOR SINGLE FAMILY
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RESIDENCES.THESE ARE THE PROPERTIES ZONED AG FUTURE LAND USES.
UM, AND WHILE THERE IS RPA ON THE SITE, THE RV WILL NOT BE IN THERE.
UH, THIS SHOULD LOOK FAMILIAR.
WE HAVE, UM, THIS SAME RV COME UP.
MY UNDERSTANDING IS THE APPLICANT HAD SOME ISSUES WITH, WITH CERTAIN THINGS, UH, FOR CONSTRUCTION, BUT AS YOU CAN TELL IN THE PICTURES, CONSTRUCTION HAS STARTED.
SO THEY HAVE AT LEAST PASSED A FOOTER INSPECTION.
SO THE, THE BUILDING IS, OR THE HOUSE IS NOW BEING CONSTRUCTED.
SO THIS IS THE APPROXIMATE LOCATION OF THE RV.
OF COURSE, WE HAVE THE LOCATION OF THE HOUSE, AND THESE ARE JUST SOME PICTURES OF WHAT THE HOUSE IS GOING TO LOOK LIKE.
SO CONSIDERATIONS FOR SPECIAL USE PERMITS, UM, ADVERSE IMPACT TO THE SURROUNDING NEIGHBORHOOD OR GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UM, TRAVEL TRAILERS ARE DETRIMENTAL TO THE CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
THE ADVERSE IMPACT, HOWEVER, WILL BE TEMPORARY.
THE TRAVEL TRAILER WOULD ONLY BE USED FOR HABITATION WHILE A RESIDENCE IS BEING CONSTRUCTED AND THAT RESIDENCE IS NOW BEING CONSTRUCTED.
NUMBER TWO, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES, UH, NO ADVERSE IMPACT WILL RESULT.
THE SITE IS NOT SERVICED BY PUBLIC WATER AND SEWER UTILITIES.
UH, THE USAGE OF ELECTRICITY WILL BE STANDARD FOR DOMESTIC USE, AND OF COURSE, BECAUSE THERE'S A HOUSE, A PRIVATE WELL AND SEPTICS PART OF THE PROJECT.
NUMBER THREE, WHETHER PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, THE ANSWER IS THE ADVERSE, WHILE THERE WILL BE AN ADVERSE IMPACT, IT WILL BE TEMPORARY.
UH, NUMBER FOUR, IMPACT OF THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS.
THESE PARCELS ARE CREEK FRONT, BUT THE ADVERSE IMPACT WILL BE TEMPORARY.
UM, IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING NEARBY PROPERTY OWNERS.
UM, WHILE YES, THE ADVERSE IMPACT WILL BE TEMPORARY, SO ONCE THE HOUSE GETS COMPLETED, THEY WILL NO LONGER BE LIVING IN THE RV.
NUMBER SIX, UH, PROMOTE THE PUBLIC HEALTH SAFETY, GENERAL WELFARE.
UM, THIS USE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
AND THEN, UH, CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS.
UM, YES, TEMPORARY HABITATION IS ALLOWED BY SPECIAL USE PERMIT.
UH, WHETHER GRANTED THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.
THIS REQUEST HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
SO UTILITIES, THERE IS NO IMPACT ON PUBLIC UTILITIES.
AND, AND THE, UH, ELECTRIC UTILITIES ARE ON TALL PINES DRIVE TALL PINES DRIVE IS A PRIVATE ACCESS ROAD.
I WOULD CONSIDER IT IN POOR CONDITION.
UM, JUST TO PIGGYBACK OFF OF THAT, I MEAN THAT, THAT IS THE ROAD.
UM, SO IT STOPS BEING GRAVEL AT SOME POINT AND TURNS INTO JUST BEING GRASS ENVIRONMENTAL.
THE PARCEL IS LOCATED WITHIN SPECIAL FLOOD HAZARD AREA SIX BFE.
THE PROPERTY IS LOCATED IN A RESOURCE PROTECTION AREA.
THE TRAVEL TRAILER WILL BE REQUIRED TO COMPLY WITH THE FLOODPLAIN ORDINANCE, AND IT WILL NOT BE LOCATED IN THE RESOURCE PROTECTION AREA.
NOTICES WERE PROVIDED INTO THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
AND AS A PREPARATION OF THE SLIDE DECK, NO PUBLIC COMMENTS HAVE BEEN RECEIVED.
AND WE HAVE SOME STAFF FINDINGS.
THE PROPOSED USE SHOULD BE TEMPORARY AND BE LOCATED TO THE LEFT OF THE CONSTRUCTION SITE.
THE NEIGHBORHOOD IS GENERALLY LOW DENSITY TALL PINE STRIPES, APPROXIMATELY 560 FEET LONG, AND FEATURES THREE OTHER RESIDENCES.
UM, THE USE, UH, WHILE NEGATIVELY IMPACTING THE GENERAL CHARACTER, IT WILL BE TEMPORARY.
UM, AND THEN JUST SOME BACKGROUND INFORMATION.
THE APPLICANTS WERE GRANTED A SPECIAL USE PERMIT FOR THIS USE ON DECEMBER 4TH, 2024 FOR 18 MONTHS.
AND BLDR 7 82 20 24 HAS BEEN APPROVED FOR A SINGLE FAMILY DWELLING CONSTRUCTION HAS STARTED AND THE FOOTING PAST INSPECTION ON SEPTEMBER 1ST, 2026.
WITH THAT BEING SAID, UH, STAFF RECOMMENDS APPROVAL OF SUSE 1 5 8 20 26, A SPECIAL USE PERMIT PURSUANT TO AIMA COUNTY CODE SECTION 1 0 6 5 3 14 FOR TRAVEL TRAILERS.
AND IF THE BOARD OF ZONING APPEALS APPROVES A SPECIAL USE PERMIT, STAFF RECOMMENDS THE FOLLOWING CONDITIONS.
UH, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND PLOT PLAN AS SUBMITTED.
NUMBER THREE, THE SPECIAL USE PERMIT SHALL BECOME NULL AND VOID SHOULD
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THE PROPERTY BE SOLD OR TRANSFERRED.NUMBER FOUR, THE APPROVAL IS FOR ONE UNIT AND IS ONLY FOR THE APPLICANT OR THEIR FAMILY.
A VIOLATION OF THIS CONDITION WILL RENDER THE SPECIAL USE PERMIT NULL AND VOID.
UH, NUMBER FIVE, THIS SPECIAL USE PERMIT SHALL EITHER EXPIRE ONE YEAR AFTER THE ISSUANCE OF THE SPECIAL USE PERMIT OR WHEN THE CERTIFICATE OF OCCUPANCY IS ISSUED.
AND THAT IS WHICHEVER COMES FIRST.
NUMBER SIX, THE APPROVAL DOES NOT INCLUDE SHORT-TERM RENTAL TO THE SITE.
A VIOLATION OF THIS CONDITION SHALL RUN A SPECIAL USE PERMIT NULL AND VOID.
AND NUMBER SEVEN, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE TRAVEL TRAILER IS ON SITE.
THAT IS THE MOTION I CAN ANSWER ANY QUESTIONS YOU HAVE.
IF YOU HAVE ANY QUESTIONS FOR THEM.
UH, A SIEBEL IN THE PHOTOGRAPHS, I I JUST REALIZED THOSE PLYWOOD ARE THE CONCRETE FORMS FOR VERTICAL PILINGS.
JUST SO IT'S NOT JUST FOOTERS, IT'S THE WHOLE PILE.
AND SECOND QUESTION, THIS IS MORE FOR ME.
FRANKLY, YOU'RE BUILDING ACROSS TWO PROPERTY LINES.
SO SHOULD THEY ABANDON THAT? SO THE AGREEMENT WAS FOR THE VARIANCE FOR THE HOUSE.
'CAUSE THEY HAD TO GET A VARIANCE FOR THE FRONT SETBACK FOR THE HOUSE.
UHHUH
SO AT THE END OF THIS, BEFORE A CERTIFICATE OF OCCUPANCY IS ISSUED, ALL OF THOSE LOTS WILL TURN INTO ONE LOT.
ANY OTHER QUESTIONS FOR STAFF BEFORE WE HEAR FROM THE APPLICANT? THANK YOU.
DOES APPLICANT WISH TO SHARE ANYTHING WITH US? I THANK YOU PRETTY MUCH ALL.
I HAVE A QUESTION FOR MR. COOK.
WOULD YOU GIVE US YOUR NAME? UH, DAVID COOK.
DO YOU, DO YOU SWEAR TO TELL THE TRUTH? I'M NOT
SO HELP YOU GOD ON ALL MATTERS BEFORE IS I DO.
MY ONLY QUESTION IS, DO YOU THINK A YEAR IS, WILL BE ADEQUATE TO
I MEAN, NO, I ASK THAT ONLY BECAUSE OF WEATHER AND I KNOW, AND RIGHT NOW, ONE THING, UM, WE'RE NOT ACTUALLY LIVING IN THE TRAILER.
WE DO HAVE PERMANENT RESIDENCE IN PENNSYLVANIA.
WE ACTUALLY BOUGHT THE PROPERTY IN 2019.
UNFORTUNATELY, COVID HIT WHEN WE APPLIED FOR THE PER FIRST PERMIT.
SO IT TOOK US UNTIL 24 TO GET ACTUAL THE FIRST PERMIT.
AND THEN MY WIFE CHANGED HER MIND.
AND I DON'T WANT TO COMMENT ON THAT.
AND WE DECIDED TO GO WITH A DIFFERENT HOUSE, WHICH IS THE ONE YOU SAW.
BUT, UM, ANYWAY, WE'VE NOW REAPPLIED, WE'VE GOTTEN OUR PERMIT.
WE HAVE STARTED CONSTRUCTION, AND WE ARE COMING DOWN MORE BECAUSE OF THE HOUSE BEING UNDER CONSTRUCTION.
UH, I'M ACTUALLY DOING THE FOUNDATION MYSELF.
I'VE BEEN IN CONSTRUCTION ALL MY LIFE.
SO I'M ACTING AS MY OWN GENERAL CONTRACTOR ON THIS.
AND I'M THE ONE ACTUALLY BUILDING THOSE.
I BUILT THOSE FORMS AND POURED THE CONCRETE.
SO THE, THE PIERS OR THE COLUMNS ARE POURED NOW.
AND WE HAVE A FRAMING CREW SET UP FOR LIKE TWO WEEKS FROM NOW TO START.
SO TO ANSWER YOUR QUESTION, YES, I REALLY DO HOPE AND WITHIN A YEAR WE'LL BE IN THAT PLACE.
'CAUSE WE WANT THAT TRAILER GONE JUST AS MUCH AS YOU GUYS DO.
I ASKED THAT BECAUSE THE FIRST APPROVAL WAS FOR 18 MONTHS.
AND THEN THAT MY WIFE CHANGED HER MIND.
IF THERE, THERE ARE NO OTHER QUESTIONS.
ARE WE READY TO MAKE A MOTION? I'LL MAKE A MOTION.
THE AKIMA COUNTY BOARD OF ZONING APPEALS APPROVE, SUSE DASH 0 0 0 1 5 8 DASH 2 0 2 6, A SPECIAL USE PERMIT PURSUANT TO MACK COUNTY CODE SECTION 1 0 6 DASH FIVE THREE FOR TRAVEL TRAILERS LOCATED OUTSIDE OF TRAVEL TRAILER PARKS, WHICH ARE TO BE OCCUPIED FOR HABITATION OR STORAGE OF CHATS WITH THESE SEVEN CONDITIONS RECOMMENDED BY STAFF.
DO WE HAVE A MOTION TO APPROVE? DO WE HAVE A SECOND? I, I SECOND.
NEXT WE HAVE, UH, ALBERT AND JULIE C.
THIS IS ACCESSORY STRUCTURE WITHOUT A PRIMARY STRUCTURE.
THIS IS IN THE RESIDENTIAL DISTRICT.
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SO, UH, APPLICANT PROPERTY OWNERS, THIS IS, UH, TEXT PARCEL NUMBER 83 B DASH TWO DASH D DASH THREE OR, UM, 1 5 1 45 RUSSELL DRIVE.UH, ELECTION DISTRICT IS SEVEN.
UH, ACRES IS APPROXIMATELY A LITTLE LESS THAN A QUARTER ACRE.
UM, ZONE RESIDENTIAL FUTURE LAND USE RECOMMENDATION IS AG.
UM, THE ADJACENT USES ARE, ARE FOUR, UM, SINGLE FAMILY RESIDENCES.
SO THE HERE IS YOUR PROPERTY RIGHT HERE.
SO THIS IS KIND OF AN ISSUE WITH THE MAP.
SO WE WOULD, WE WOULD SAY, HEY, WHAT'S A HUNDRED FEET BACK FROM THAT BULKHEAD? AND WE WOULD GO FROM THERE.
AND THEN OBVIOUSLY ZONE RESIDENTIAL.
SO THIS IS, THIS IS THEIR ACCESS.
UM, WE HAVE, THIS IS THE STRUCTURE THAT'S BEING REPLACED.
AND OF COURSE WE ALSO HAVE AN RV ON SITE.
WE'LL GET TO THAT IN A MINUTE.
SO THIS IS THE SITE PLAN JUST TO TALK ABOUT IT.
WE ARE TALKING ABOUT WHAT'S IN RED.
SO WE'RE NOT TALKING ABOUT WHAT'S IN BLUE, WHAT'S IN BLUE CROSS' BOUNDARY LINES.
WE ARE TALKING ABOUT THE RED BOX.
SO NOW WE GO TO CONSIDERATIONS FOR SPECIAL USE PERMITS.
UH, NUMBER ONE, ADVERSE IMPACT TO THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, NO ADVERSE IMPACT IS ANTICIPATED AS THE APPLICANT HAS A SINGLE FAMILY RESIDENCE ON AN ADJACENT PAR PARCEL.
ALSO, THIS IS A REPLACEMENT SHED, WHICH IS SLIGHTLY DIFFERENT IN SIZE.
JUST TO PIGGYBACK OFF OF THAT, THAT'S THE HOUSE RIGHT THERE.
SO, WHILE, WHILE TECHNICALLY IS ON A SEPARATE PIECE OF PARCEL, HE OWNS ALL FOUR OF THESE PARCELS TOGETHER.
AND IT'S GOING TO BE ADJACENT TO THE PARCEL THAT THE HOUSE IS ON.
NUMBER TWO, UH, ADVERSE IMPACT OF PUBLIC UTILITIES.
UH, NO ADVERSE IMPACT WILL RESULT.
WE HAVE UTILITIES ON RUSSELL DRIVE.
UM, NUMBER THREE, PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, NO, THIS USE WILL NOT HAVE THIS EFFECT.
NUMBER FOUR, ADVERSE IMPACT TO THE ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS, UH, NO ADVERSE IMPACT WILL RESULT.
THE SHED WILL HAVE TO COMPLY WITH THE FLOODPLAIN ORDINANCE AND ALSO RPA REGULATIONS IF IT'S APPLICABLE.
NUMBER FOUR, ADVERSE IMPACT TO PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
UM, AN ACCESSORY STRUCTURE WITHOUT A PRIMARY COULD AFFECT PROPERTY VALUES OF ADJACENT TIES.
BUT THE APPLICANT OWNS A VERY CLOSE SINGLE FAMILY RESIDENCE AND THIS SHED WILL BE REPLACING A SIMILARLY SIZED SHED.
UH, NUMBER SIX, WHETHER PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
THE ANSWER IS IT WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
NUMBER SEVEN, WHETHER PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS.
UM, YES, ACCESSORY STRUCTURES WITHOUT PRIMARY STRUCTURES ARE ALLOWED BY SPECIAL USE PERMIT.
UM, ALSO IN THIS CASE, WHILE THERE IS, WHILE TECHNICALLY WE ARE DEALING WITH SEPARATE PARCELS IN THE EVENT THAT HE EVER WANTED TO COMBINE ALL OF THEM, IT WOULD BE A USE BY RIGHT ANYWAY.
'CAUSE THEN YOU'D HAVE AN ACCESSORY STRUCTURE AND A PRIMARY STRUCTURE ON THE SAME PARCEL.
UM, SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.
THIS REQUEST HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
THERE IS NO IMPACT TO PUBLIC UTILITIES.
UH, UTILITIES ARE ON RUSSELL DRIVE.
RUSSELL DRIVE IS A SECONDARY ROADWAY I WOULD CONSIDER AN AVERAGE CONDITION.
THE PROPERTY IS LOCATED IN A SPECIAL FLOOD HAZARD AREA THAT IS SIX BFE AND EIGHT BFE.
AND THE STRUCTURE WILL HAVE TO COMPLY WITH THE FLOOD PLAIN ORDINANCE.
MY UNDERSTANDING IS WHATEVER GETS PLACED THERE HAS TO BE MADE OUT OF FLOOD RESISTANT MATERIALS AND WOULD NEED TO BE, UM, EITHER NEEDS TO BE ELEVATED AS AN ACCESSORY STRUCTURE OR NEEDS TO HAVE FLOOD VENTS.
SO THAT'S THE EXTENT OF THE FLOODPLAIN STUFF.
AND THE PRO THE PROPERTY ALSO HAS RESOURCE PROTECTION AREA, BUT THE, THE STRUCTURE IS NOT LOCATED IN THIS AREA.
PUBLIC SAFETY AND ACCESSORY STRUCTURE OF FLOOD PLAIN COULD POSE A RISK TO PUBLIC SAFETY.
OF COURSE, IF, YOU KNOW, IF WE FOLLOW THE FLOODPLAIN REGULATIONS, THAT THAT RISK IS MINIMIZED.
UH, PUBLIC COMMENT NOTICES WERE, WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
AND AS A PREPARATION OF THIS DECK SLIDE DECK, NO PUBLIC COMMENTS WERE RECEIVED.
I DID RECEIVE A PHONE CALL FROM SOMEBODY ELSE IN, UH, THIS IS EAST POINT SUBDIVISION.
[00:45:01]
SO SOMEBODY ELSE IN EAST POINT.THEY JUST HAD GENERAL QUESTIONS ABOUT WHAT WAS GOING ON.
AND WHEN, WHEN I EXPLAINED IT TO HER, SHE WAS FINE.
STAFF FINDINGS, THE APPLICANT PROPOSES TO PLACE AN ACCESSORY STRUCTURE ON THE PROPERTY.
UH, THE PROPERTY DOES NOT HAVE A PRIMARY STRUCTURE, REQUIRES A SPECIAL USE PERMIT.
AN ACCESSORY STRUCTURE WITHOUT A PRIMARY COULD AFFECT PROPERTY VALUES OF ADJACENT OWNERS.
AND THE STRUCTURE WILL REPLACE AN EXISTING STRUCTURE, BUT IS A SLIGHTLY DIFFERENT SIZE.
I'D ALSO LIKE TO ADD THAT WHILE THERE TECHNICALLY ISN'T A HOUSE ON THIS PARCEL, THERE IS A HOUSE RIGHT NEXT DOOR.
STAFF RECOMMENDS APPROVAL OF SUSE 1 5 4 20 26.
IF THE BOARD BOARD OF ZONING APPEALS APPROVES A SPECIAL USE PERMIT, WE RECOMMEND THE FOLLOWING CONDITIONS.
UM, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND PLOT PLAN AS SUBMITTED.
NUMBER THREE, THE APPLICANT, OH, EXCUSE ME.
THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE INSPECTIONS OF THE SITE UNTIL A CERTIFICATE OF COMPLETION IS ISSUED.
NUMBER FOUR, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VDOT AND HEALTH DEPARTMENT REGULATIONS.
NUMBER FIVE, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE SPECIAL USE PERMIT IS ACTIVE.
UM, I'M GONNA SKIP TO SEVEN 'CAUSE SIX SHOULD PROBABLY BE AT THE END.
UH, NUMBER SEVEN, THE APPLICANT SHALL COMPLY WITH THE RELEVANT FLOODPLAIN APPLICATION OR FLOODPLAIN REGULATIONS.
UH, NUMBER EIGHT, THE RV THAT IS ON THE SITE SHALL NOT BE USED FOR HABITATION.
UH, NUMBER NINE, THE CONTAINER THAT IS LOCATED ON SITE SHALL BE REMOVED WITHIN SIX MONTHS OF APPROVAL OF THE SPECIAL USE PERMIT.
AND NUMBER SIX, A VIOLATION OF ANY OF THESE CONDITIONS WILL RENDER THE SPECIAL USE PERMIT NULL AND VOID.
UM, MY UNDERSTANDING IS THE RV IS NO LONGER HOOKED UP.
WE DID SEE DURING A SITE VISIT THAT THE RV WAS HOOKED UP TO ELECTRIC AND SEPTIC.
BUT MY UNDERSTANDING NOW IS THAT'S ALL BEEN REMOVED.
AND THERE IS ALSO A, A VERY SMALL, KIND OF LIKE A WORK CONTAINER FOR LIKE CONSTRUCTION PROCESS.
IT'S PROBABLY LIKE EIGHT BY EIGHT.
UH, BUT MY UNDERSTANDING IS THEY WILL, THEY WILL REMOVE IT AS PART OF THIS APPROVAL.
SO AS LONG AS IT GETS REMOVED, WE'RE OKAY WITH THIS, WITH THIS CONDITION THOUGH.
YOU HAVE THE APPLICANT'S HERE AS WELL.
I ASSUME THIS IS ONE OF THOSE WHAT I'D CALL A DROP OFF SHED.
YOU KNOW, IT COMES AND THEY ROLL IT OFF.
DOES IT MATTER? MY, CAN I, CAN I SPEAK? I THINK THAT'S A BETTER QUESTION FOR MR. CONE.
OKAY, WE'LL, WE'LL GET TO THAT WHEN HE COMES UP.
BUT THEN I HAD A SECOND QUESTION.
ON THE BACK PAGE, BOARD OF ZONING APPEALS SITE PLAN MM-HMM
HE TALKS ABOUT OPTION B ONE OR OPTION B TWO.
YEAH, SO, SO THAT'S WHEN I WAS TALKING ABOUT THE RED VERSUS THE BLUE.
THIS IS SPECIFIC TO RED, WHICH IS OPTION B ONE.
WE ARE ONLY, JUST FOR THE RECORD, WE ARE ONLY DEALING WITH THE RED.
SO WE ARE VOTING ON OPTION B ONE.
UM, I, I NOTICE THE EXISTING SHED HAS A AIR CONDITIONER.
MY MY UNDERSTANDING IS IT'S NOT BEING USED FOR HABITATION.
IT'S, IT'S BEING USED FOR STORAGE.
DO WE HAVE ANY OTHER QUESTIONS FOR SENATOR BEFORE WE HEAR FROM THE APPLICANT? OKAY, MR. CCI GIVE YOU, WOULD YOU GIVE US YOUR NAME? AL CCI.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH? YES.
UH, WHAT WOULD YOU LIKE TO SHARE? I MADE COPIES OF THIS TO PROVIDE CLARITY.
WOULD YOU LIKE THEM? THAT'D BE FINE.
THIS, THIS, UH, CRAIG CROCKETT WORKED WITH ME ON THIS.
SO I WANT IT TO BE VERY TRANSPARENT.
PICTURE ILLUSTRATION ONE SHOWS A 24 BY 28 SPACE BE LOCATED HERE.
CAN I ADD, SO, BUT THIS WOULDN'T BE WHAT WE'RE, WE WOULD NEED THIS? YES.
SO, SO PAGE ONE, I WOULD JUST DISREGARD BECAUSE THAT'S NOT OPTION B ONE THAT WE'RE TALKING ABOUT.
SO I WOULD START ON THE SECOND PAGE OF THAT, OF THAT PACKET.
PAGE TWO ILLUSTRATES 32 FEET IN LENGTH BY 16 FEET IN WIDTH.
16 IS THE MAXIMUM I COULD HAVE SENT IN FOR A SHED, AS YOU SPOKE OF WITH THE FOUR BY FOURS ON THE BOTTOM.
SO TO GO BY LAWS OF VIRGINIA AND THE STATE TO BRING IT IN.
UM, I ALSO INCLUDED PICTURE ILLUSTRATIONS.
[00:50:01]
WHILE WE'RE ON THIS ONE, I AM ASKING FOR, UM, AN APPROVAL.I DON'T KNOW IF THIS IS THE RIGHT PLACE TO DO IT.
THIS IS MY FIRST TIME DOING THIS.
BUT WHEN I BOUGHT ALL FOUR OF THESE PROPERTIES, PROPERTY ONE AND TWO HAD A, A CHAFER HERE.
AND WHEN THE PRIOR OWNER REDID THE BULKHEAD FOR WHATEVER THE REASON BEING, THEY SET THE, THE REPLACEMENT BULKHEAD BACK, I'M GONNA SAY SOMEWHERE IN THE VICINITY OF 20 TO 30 FEET.
SO I LOST THAT FRONTAGE, WHICH IS AN IMPORTANT STATEMENT TO MAKE BECAUSE WE HAVE TO BE CAUTIOUS OF THAT A HUNDRED FOOT RPA.
AND I'M ASKING BECAUSE OF THE DIFFICULTY IN THE, AND THE SIZE OF A WA IF IT IS POSSIBLE FOR ME TO, AND AGAIN CI, I DON'T KNOW IF IT'S THE RIGHT TIME TO DO THIS, BUT I'M ASKING IF WE CAN POSSIBLY HAVE AN, UH, CONSIDERATION FOR BEING WITHIN THE 100 FOOT RPA.
I CAN SPEAK TO THAT PAUL WATSON.
AND SO I SPOKE TO MR. CONE MAYBE TWO WEEKS AGO WHEN I WAS LOOKING AT THE SITE PLAN AND TRYING TO DO SOME CALCULATIONS.
NOT ON THIS SITE PLAN, BUT ON THE PREVIOUS ONE.
BUT PROBABLY THE ONE THAT YOU SAW IN THE PRESENTATION.
AND IT LOOKED TO ME LIKE IT WAS GONNA BE REAL CLOSE, WHETHER IT WAS GONNA BE A HUNDRED FEET FROM THE TOP OF THE BULKHEAD BACK TO THE EDGE OF THIS NEW STORAGE, UH, UH, BUILDING.
UM, SO IT IS POSSIBLE FOR THE BOARD OF ZONING APPEALS TO GRANT RELIEF.
BUT THAT WOULD HAVE TO BE OF COURSE, IN A NEW APPLICATION, RIGHT? IT WOULD NOT BE TO BE HEARD TODAY AS YES, YOU KNOW, I DID.
AND I HAVE PICTURE ILLUSTRATION OF THE TRAILER, WHICH EVERYTHING WAS DISCONNECTED EXCEPT FOR THE ELECTRIC, BECAUSE I'M RUNNING AIR CONDITIONER, SO I DON'T HAVE MOLD AND MILDEW IN THERE.
AND THE SAME IS HAPPENING HERE.
AND ALL IT DOES WAS HOUSE MATERIALS THAT I THINK ARE UNSAFE TO BE IN A HOUSE.
SO THERE'S, THERE'S, UM, A LOT OF PRODUCTS INSIDE THERE, BUT NO HABITATION.
THE AIR CONDITIONER AGAIN IS THERE FOR MOLD AND MILDEW AND SO FORTH.
UH, THIS AREA IS DIFFERENT THAN WHAT I'M USED TO IN PENNSYLVANIA.
SO I PAY CLOSE ATTENTION TO IT.
UH, THE FINAL ITEM I WANTED TO SHOW YOU WAS THAT THE PICTURE OF THE SHED, BLACK AND SHIP DOWN HERE HAS ONE.
AND I WANTED TO CONSIDER BUYING THIS, BUT AGAIN, I'VE STUDIED
I FOUND TWO SECTIONS OF INTEREST REGARDING 8.2 ACCESSORY STRUCTURES AND WET FLOOD PROOFING.
THE, THE STOCK UNIT THAT I WISH TO BUY THAT IS AT BLACK AND SHIP RIGHT NOW IS NOT BUILT WITH THE PRODUCTS THAT YOU, THAT FEMA REQUIRES REGARDING THE MARINE GRADE, PLYWOOD AND SO FORTH.
SO WHAT I WOULD HAVE TO DO THEN IS ORDER A NEW ONE AND MAKE THE MANUFACTURER, WHICH I WAS AT BLACK AND SHIP TODAY, THEY'RE COMMUNICATING WITH THEM AS WE SPEAK TO SEE IF THEY CAN USE SOME OF THE PRODUCTS THAT ARE REQUIRED FROM FEMA REGULATIONS.
I'M NOT TRYING TO PUT A SUBSTANDARD PIECE OF EQUIPMENT HERE.
AND I'M WILLING TO DO THAT AND FOLLOW THESE GUIDELINES.
BUT I FIGURED I'D MAKE, I DON'T LIKE SURPRISES IN MY PERSONAL LIFE OR BUSINESS LIFE.
SO I FIGURED CLARITY NOW TODAY TO SHARE WITH YOU WHAT I'M DOING IN THE BACKGROUND BECAUSE CINDY, THANK YOU.
I DIDN'T REALIZE THAT YOU'RE DOING HIS PRESENTATION LIKE YOU DID, BUT THAT'S EVERYTHING I CAN SHARE RIGHT NOW.
SO I'M TRYING TO GET A 16 WIDE BY 32.
AND AS YOU CAN SEE FROM THE PICTURE, A LOT OF IT IS, A LOT OF IT IS, UH, DECK AS WELL, WHICH GOING BY PLAN B, THIS WOULD BE FACING THE WATER.
AND I WOULD LIKE TO DO, 'CAUSE I, IN THE HOME I BUILT, I DID THE SAME THING.
I WILL USE THE BEST POSSIBLE PRODUCTS POSSIBLE.
I'M NOT A MAINTENANCE KIND OF GUY.
I'M TRYING TO GET TO SEE IF I CAN USE THE, THE, INSTEAD OF PRESSURE TREATED LUMBER, I'D EVEN LIKE TO TRY TO GET TO A PRODUCT THAT I DON'T HAVE TO MAINTENANCE, UH, THE ROOF.
YOU KNOW, AGAIN, I WANT TO DO A QUALITY THING.
I, I ALSO READ ABOUT THE FOAM INSULATION.
IT WAS MY PLAN TO INSULATE IT.
AND I DO FROM MY HOUSE UNDERSTAND THE FLOOD.
AND, AND CRATE CROCKETT TAUGHT ME ABOUT THIS, HOW FIRE I WOULD HAVE TO GO UP TO PUT RECEPTACLES AND SO FORTH.
AND I WOULD LIKE TO PUT SOMETHING, I MEAN, WE HAD A CLOSE CALL A COUPLE WEEK OR A WEEK OR SO AGO AND WATER DOES NOT OR HAS NOT SINCE I'VE BEEN HERE.
AND ALL MY NEIGHBORS THAT WE TALKED TO GOT UP THIS HIGH.
SO AGAIN, IT'S ON FOUR BY FOURS.
IT WOULD BE SHIPPED IN AND I WOULD PLAN ON PUTTING A GRAPPLE BASE DOWN.
CONE AND THEN ONE FOR MR. WATSON.
THIS APPLICATION WAS 16 BY 28, WASN'T IT? AND IT IS, AND THAT'S WHY I'M ASKING FOR THE CONSIDERATION TO
[00:55:01]
GO THE EXTRA TWO FEET TO GET MORE STORAGE ROOM BECAUSE OF THE DECK HERE.UM, I GUESS THAT'S UP TO HIGHER AUTHORITIES IF THAT'S A CHANGE.
BUT MR. WATSON, UM, THE, THE SURVEY OF THE PROPERTY SHOWS HIS BOUNDARIES OUT IN THE WATER.
DO YOU, WHEN YOU'VE GOT EROSION LIKE THAT? YOU DO.
AND SO HIS NEW SURVEY WOULD BE THE BULKHEAD.
UM, TWO DIFFERENT PRINCIPLES THERE.
ACTUALLY A COUPLE WEEKS AGO I WAS LOOKING AT WHAT WE HAVE ONLINE AND I THOUGHT HE HAD AN EXTRA FIVE FEET OR SO UHHUH, SO HE WOULD BE GOOD, BUT IT LOOKED CLOSE ENOUGH AND I KNEW THAT HE WAS CUSTOM ORDERING THIS, SO I DIDN'T WANT HIM TO CUSTOM ORDER THE WRONG ONE.
AND, AND COME BACK AND NOT BE ABLE TO PUT IT THERE BECAUSE IT INVADED THE BUFFER.
SO THE BUFFER IS MEASURED FROM THE TOP OF THE BULKHEAD.
SO YOU MAY OWN, UM, OUT INTO THE CREEK OR YOU KNOW, WET.
I MEAN YOU MAY HAVE A HUNDRED YARDS OF MARSH IN FRONT OF YOU, BUT THE BUFFER A HUNDRED FOOT BUFFER IS GONNA BE MEASURED FROM THE EDGE OF THE WETLANDS OR OKAY.
IN THIS CASE, THE TOP OF THE BULKHEAD.
SO I'M, SO CURRENTLY THIS IS SHOWING ON THAT AT THE ORIENTATION THAT HE IS SUGGESTING THAT IT'S 90, WHAT WAS IT? 90 FEET.
UH, SO WHILE THE BZA COULD, UH, ALLOW OR, OR APPROVE THIS, THAT IT, IT WOULD THEN BE A PROBLEM WITH THE CHESAPEAKE BAY ACT.
HE WOULD NOT BE ABLE TO ACTUALLY, UM, PUT THIS FRAME BUILDING, UH, ANY CLOSER THAN A HUNDRED FEET TO THE TOP OF THE BULKHEAD.
AND HE IS GRANDFATHERED IN ON THE FRONT SETBACK.
UM, THERE IS AN EXISTING BUILDING THERE THAT'S WIDER THAN THIS BUILDING.
SO THIS IS SINCE IT'S, I I BELIEVE THE ONE THERE PRESENTLY IS ORIENTATED THE OTHER WAY.
UM, SO IF THIS, BUT THIS WOULD BE BIGGER THAN THE ONE THAT'S THERE.
SO IT WOULD NOT BE GRANDFATHERED IN FOR THIS LARGER BUILDING OR BE A FURTHER, UH, FURTHER INVADING THE FRONT SETBACK MORE THAN IT'S NOW.
SO BY MOVING IT AROUND, YOU KNOW, FACING THE OTHER DIRECTION OR PERPENDICULAR TO THE STREET, HE CAN TAKE ADVANTAGE OF WHERE THE ONE IS NOW.
BUT OF COURSE HE'S GOING TO BE LIMITED BY THE A HUNDRED FOOT.
AND WHILE HE COULD, I MEAN ADMINISTRATIVELY, YOU CAN'T GIVE A BUFFER WAIVER FOR AN ACCESSORY STRUCTURE.
UM, I BELIEVE THERE'S SIMILAR LANGUAGE THAT MAY RESTRICT A BZA IN SOME RESPECT THERE TOO.
SO THAT, THAT WOULD BE A DIFFICULT, UM, DIFFICULT THING TO OBTAIN.
THE APPLICATION WAS FOR 28 FOOT AND YOU'RE ASKING US TO CHANGE IT TO 32.
I MEAN, WE CAN, I MEAN WE, WE CAN, I MEAN, YOU KNOW, THIS WAS ADVERTISED A CERTAIN WAY AND WE CANNOT, UM, WELL THE BZAI, I DON'T BELIEVE GIVE ANYTHING MORE THAN WHAT WE ADVERTISED.
UM, SO WHAT'S IN FRONT OF THE BZA WOULD BE THE 28 FEET.
AND EVEN THAT LOOKS UNLIKELY TO BE ABLE TO BE PUT THERE BECAUSE EVEN THAT WOULD BE ONLY, UH, 94 FEET, 94.7 FEET FROM THE TOP OF THE BULKHEAD.
BUT THAT'S A SEPARATE ISSUE WHETHER, I MEAN THE BZA COULD SAY HE CAN HAVE A 16 BY 28, BUT OF COURSE HE WOULD STILL BE RESTRICTED BY WHATEVER THE CHESAPEAKE BAY ACT BUFFER REGULATIONS ALLOW.
WELL, IN, IN THE PAST WE'VE NOT ALLOWED ANYTHING IN THERE IN, IN THE, THIS IS THE RPA, IS THAT WHAT RIGHT? UH, YES.
THE HUNDRED FOOT BUFFER, THE HUNDRED FOOT BUFFER, UH, THE INTER INTERCHANGEABLE TERMINOLOGY.
OR OP AND, UM, I MEAN WE HAVE DONE IT WITH SOME MITIGATION COMPONENTS AND, AND THAT IS, IT'S CERTAINLY POSSIBLE.
THAT WAS NOT ADVERTISED AT THE TIME WE LOOKED AT THIS AND, AND I GUESS IT MADE SENSE THAT THE BULKHEAD MAY HAVE PULLED, THEY MAY HAVE PULLED THE BULKHEAD BACK.
BECAUSE THE DOCUMENTS I WAS LOOKING AT, UM, A FEW WEEKS AGO SHOWED ME THAT YOU COULD PUT A 16 BY 28 BUILDING THERE AND HAVE ABOUT 105 FEET TO THE BULKHEAD.
BUT IT WAS CLOSE ENOUGH THAT IT CONCERNED ME,
[01:00:01]
SO I YEAH.CALLED MR. CONE JUST TO ADVISE HIM THAT IT LOOKED CLOSE TO ME.
AND THEN I GUESS THIS SURVEY RESULTED SHOWING THAT THAT BULKHEAD HAS MOVED FROM WHAT I WAS LOOKING AT, YOUR, YOUR ILLUSTRATION THAT YOU GAVE THERE SHOWS THE ORIGINAL BULKHEAD MM-HMM
AND THAT'S WHAT WE'RE TRYING TO, TO GO OFF OF.
'CAUSE WE HAVE A, A, WE WERE ALLOWED A 50 FOOT SETBACK FOR THE HOME.
I PUT ON LOT ONE AND TWO, WHICH THAT LINE WAS VACATED.
SO WE WERE ABLE TO BUILD ON THAT.
AND UNFORTUNATELY, THESE ARE DIFFERENT CONCEPTS.
THIS, UH, UH, THE A HUNDRED FOOT BUFFER IS FROM THE WETLANDS.
AND IT'S, IT DOES, I MEAN, ONCE THE WETLANDS ARE CREATED, YOU'RE THEN RESTRICTED BY WHAT THE PRESENT CONDITION IS.
SO AM I, IS THIS THE RIGHT PLACE TO ASK TO GIVE ME, UH, PERMISSION TO HAVE IT LESS THAN THIS? UH, IT IS, BUT NOT AT THIS TIME.
YOU'D HAVE TO MAKE AN APPLICATION BE DENIED AND THEN APPEAL THAT TO THE BZA.
AND YOU'D BE BACK HERE IN A MONTH OR TWO, SHOULD I, I, I CAN, I DIDN'T ORDER ANYTHING BECAUSE OF THIS.
CAN WE JUST STICK WITH THE 28TH, LIKE ORIGINALLY SUBMITTED AND BE DONE? YOU CAN STICK WITH THE 28TH, BUT IF A CRAIG CROCKETT SURVEY IS CORRECT HERE, THEN UM, IT, IT WOULD HAVE TO BE, UH, ABOUT SIX FEET SHORTER THAN THAT BECAUSE OF THE CHESAPEAKE BAY ACT BUFFER.
WITH THAT SAID, IF WE TURN AT 90 DEGREES, I HAVE THE ROOM.
BUT THAT YOU HAVE A 50 FOOT FRONT SETBACK, AND THAT WOULD BE WIDER THAN THE BUILDING THAT'S THERE NOW.
SO YOU WOULD BE OUTSIDE OF YOUR GRANDFATHER AND, YOU KNOW, I I, AND I NOTICE THIS, EVEN IF, EVEN IF HE TURNED IT SIDEWAYS, HE WOULD, HE AND MOVED IT, HE WOULD STILL BE OUT OF THE RPA.
CORRECT? HE WOULD BE, BUT, UH, THERE'S A 50 FOOT, 50 FOOT FRONT SETBACK THERE.
UM, AND THIS IS INSIDE OB OBVIOUSLY IN THE 50 FOOT FRONT SETBACK FROM THE ROAD.
JUST TO BE CLEAR,
I'M NOT SURE HOW BIG THE PRESENT BUILDING IS THERE NOW.
I JUST KNOW THAT THIS ONE'S NARROWER.
AND DO YOU KNOW WHAT? 16 BY 14.
SEE, I'M, I'M TRYING TO COMPLY HOWEVER I YEAH, I KNOW, I KNOW IT'S A SHED AND I'M TRYING TO MAKE IT RIGHT.
I I DON'T UNDERSTAND WHY IT COULDN'T TURN.
THE 50 FOOT SETBACK IS FROM THE FRONT OF THE PROPERTY.
IT WAS SUPPOSED TO BE FROM THE MIDDLE OF THE ROAD.
AND I, I HAVE MIDDLE OR THE MIDDLE OF THE ROAD.
ONE OF THOSE, WELL, JUST TO BE CLEAR, THIS AS ON THIS SITE PLAN, IT SHOWS, UM, THIS FRAME BUILDING IS NO MORE THAN MAYBE 10 FEET FROM THE FRONT PROPERTY LINE.
AND THERE'S A 50 FOOT SETBACK NOW THERE'S AN EXISTING BUILDING THERE.
NOW THIS WAY, THIS IS DEMOLISHED IN THE FRONT, SETBACK IN THIS EXACT LOCATION.
BUT IT IS SMALLER THAN THIS ONE.
SO THIS WOULD BE, SO BECAUSE THIS IS OUT OF THE FOOTPRINT CORRECT.
THIS WOULD BE A MUCH MORE ENCROACHING BUILDING IN THAT FRONT SETBACK IN A SPOT WHERE THERE'S NOTHING NOW.
SO YOU ARE NOT GRANDFATHER, BUT IF HE PUT IT, IF HE PUT IT AT THE SAME SIZE AS THE EXISTING BUILDING, THAT WOULD BE NO PROBLEM.
UM, THE REASON FOR ME ASKING FOR THIS IS WE ARE, WE'RE FINALLY MOVING ALL OF OUR PRODUCTS FROM PENNSYLVANIA TO VIRGINIA AT EAST POINT.
WELL, WE, YOU KNOW, OUR JOB IS TO, TO MAKE THINGS HAPPEN AND UH, UH, BUT I KNOW THAT, YOU KNOW, THEY'RE VERY SENSITIVE ON THIS RPA AND WE HAVE DONE IT WITH CERTAIN MITIGATING COMPONENTS, YOU KNOW, LIKE PLANTING TREES OR WHATEVER, STUFF LIKE THAT, YOU KNOW, WHATEVER'S ACCEPTABLE TO THEM BECAUSE, YOU KNOW, IT'S NOT SO MUCH AS COMP.
I MEAN, IF, IF, IF THEY'RE NOT COM IN APPROVAL OF WHAT WE DO, THEN THERE'S SERIOUS COMPLICATIONS ON HOW THEY VIEW THE COUNTY'S COMPLIANCE AS A WHOLE.
TAKES CARE OF ALL MY PROPERTIES.
SO, I MEAN, I'D BE VERY CAPABLE OF DOING OH YEAH, YEAH.
I, I'M, I'M SURE IM, BUT YOU KNOW, I DON'T KNOW WHAT KIND OF MITIGATING FACTORS WOULD BE INVOLVED.
I GUESS THAT WOULD BE, UH, I BELIEVE FOR RPA IS ONE, IT'S THREE
[01:05:01]
BUSHES, TWO, TWO SMALL TREES AND ONE, UH, FOUR OH, OR FOUR OH SQUARE FEET.SO YOU SEE WHAT WE'RE TA WHAT I'M TALKING ABOUT, AND I AM LOOKING AT THE RULES HERE, AND I DO BELIEVE THE B HAS NO MORE AUTHORITY THAN I KNOW COUNTIES THAT IT'S, UH, ACCESSORY STRUCTURES ARE EXCLUDED FROM THE ZAS OF CONSIDERATION, BUT IT DOES NOT APPEAR.
IT DOES APPEAR THAT YOU WOULD HAVE THE AUTHORITY TO GRANT AN EXCEPTION FOR ACCESSORY STRUCTURE MM-HMM
AND, AND SO, I MEAN, THERE'S A, A FORMAL FORMAT WE'VE, YOU KNOW, WE'VE DONE THIS BEFORE.
UM, BUT THE UNDERLYING THING IS WHAT, WHAT YOU'RE PROPOSED AND WHAT WE'RE TALKING ABOUT WAS NOT ADVERTISED.
AND ONCE WE GET THAT CLARIFIED AND GET IT NAILED DOWN, THEN I'M SURE WE CAN DEAL WITH THE, WAS IT SIX FOOT, FOUR FEET OR WHATEVER, ENCROACHMENT.
SO THAT WOULD BE, IF IT'S 16 BY SIX, YOU KNOW, UM, I WOULD PROPOSE THAT WE DEFER THIS AND GET IT ALL BEFORE THE BZA AT ONE TIME.
UM, AND, UH, SO I MEAN, WE CAN MAKE IT HAPPEN.
IT'S JUST THERE'S, YOU KNOW, YOU KNOW, IF YOU'RE DEALING WITH DREW, YOU KNOW, HE, HE'S DONE THIS BEFORE, HE CAN TAKE CARE OF IT DEALING WITH WHO? DREW ALVAR WITH T CODE.
UM, SO, YOU KNOW, SOME TREES AND BUSHES AND THEN THEY'RE HAPPY.
UM, I, SO DO YOU UNDERSTAND THAT WE CAN TALK OUTSIDE, I CAN TELL YOU EXACTLY WHAT KIND OF APPLICATION TO, TO, UH, UH, PROVIDE US AND GET YOU BACK IN FRONT OF THE BZA.
SO ALL OF THIS CAN BE HEARD, INCLUDING THE BUFFER WAIVER.
I'M FROM PENNSYLVANIA FOR THE MOUNTAINS
IT'S JUST, YOU KNOW, AS FAR AS ENCROACHING IN ON THE, THE A HUNDRED FOOT BUFFER, YOU KNOW, WHEN IT'S SMALL AMOUNTS LIKE WE'RE TALKING HERE, YOU KNOW, AND THE MITIGATION IS
UH, BASICALLY YOU HAVE TO COME BACK TO ANOTHER MEETING TO BE ABLE TO BUILD WHAT YOU WANT TO BUILD.
YEAH, I CAN, I JUST CALL, IT'S, IT'S, IT'S, UH, BEING IN THE REAL ESTATE BUSINESS, THESE THINGS, IF THEY'RE NOT DONE PROPERLY, CROP UP IN A TITLE SEARCH 20 YEARS DOWN THE ROAD, OR SOME NEIGHBOR COMPLAINS AND IT'S BEST TO DO IT PROPERLY.
WE, I THINK, I DON'T THINK WE HAVE ANY MORE QUESTIONS FOR YOU, NITA.
SO WITH ALL THAT STUFF BEING SAID, I THINK THAT FOR US, WE WOULD RECOMMEND DEFERRAL SO WE CAN FIGURE OUT ALL THIS STUFF.
DO, DO WE HAVE, UH, A MOTION THEN TO DEFER UNTIL WE GET SOME CLARITY ON WHERE WE GOING WITH THIS MR. CHAIR? I MOVE THAT THIS APPLICATION BE DEFERRED UNTIL THE NOVEMBER MEETING.
FOR CLARITY, DO WE HAVE A SECOND? SECOND.
OKAY, THEN DEFERRED UNTIL THE NEXT MEETING.
UH, CINDY, IF, IF WE COULD, WE NEED TO TAKE JUST A, A SMALL BREAK AND WE WILL START BACK IN ABOUT FIVE MINUTES.
I'M USUALLY, I'M USUALLY THE WARM ONE.
I FROZE THE LAST TIME I WAS HERE.
[01:11:57]
YOU KNOW, I, OKAY.YEAH, I THINK WE'RE, WE'RE OVER HALFWAY.
UH, HE WON'T LET THEM ONES OUTSIDE.
SO WE DON'T LOCK THEM OUT EVERY, EVERY MONTH THERE'S ONE CASE WHERE LIKE, HMM.
EVERY, EVERY MONTH THERE'S ONE.
SO MOVING ALONG, WE HAVE, UH, SUSE 1 5 3 20 26 AND VARIANCE 1 47, 20 26.
AND THIS IS, UH, BETTY SEWELL.
SHE'S OBVIOUSLY FOR CLAYTON HOLMES.
AND THIS IS ON BEHALF OF MARK MACONE OR MARK MACONE, WHO IS THE OWNER.
THIS IS AN ACCESSORY DWELLING WITH VARIANCES.
AGAIN, APPLICANT'S BAY SEWELL.
SHE'S, UM, A REP FROM CLAYTON HOMES.
UH, THE LOCATION IS 10 DASH A DASH 35 A OR 5 7 7 5 NEIL PARKER ROAD.
THIS IS JUST OUTSIDE OF HAMS. ELECTION DISTRICT IS THREE APPROXIMATELY 4.32 ACRES.
UM, ZONING'S AGRICULTURAL FUTURE LAND USE RECOMMENDATIONS AG CURRENT USE IS RESIDENTIAL.
WE'RE GOING TO ADD AN ACCESSORY DWELLING.
AND ADJACENT ZONING IS, UH, AGRICULTURAL.
THIS IS THE PROPERTY HERE, ZONED AGRICULTURAL FUTURE LAND USE IS ALSO AG, NOT IN A FLOOD ZONE, NOT IN RPA.
SO THEN HERE'S SOME PICTURES OF THE SITE.
THIS IS NEIL PARKER ROAD, LIKE YOU'RE GOING BACK TOWARDS ARCADIA.
THIS IS NEIL PARKER ROAD GOING TOWARDS THE WATER.
UM, THIS IS THE ENTRANCE TO, UM, THIS IS THE ACCESS ROAD TO THE PROPERTY.
AND THIS IS, THIS IS THE EXISTING DWELLING THAT'S HERE.
THE ACCESSORY DWELLING'S GONNA GO SORT OF IN THAT LOCATION ON THE FAR RIGHT PART OF THAT PICTURE.
THERE'S YOUR ACCESSORY DWELLING THERE, AND HERE'S SOME PICTURES OF WHAT THE ACCESSORY DWELLING'S GOING TO LOOK LIKE.
[01:15:01]
INTO CONSIDERATIONS FOR SPECIAL USE PERMITS.WE'LL DO SPECIAL USE PERMIT FIRST, THEN WE'LL GET INTO THE VARIANCE CONSIDERATIONS.
SO, UM, ADVERSE IMPACT TO THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
THE PROPERTY OR THE PROPOSED USE IS FOR A RESIDENTIAL ACCESSORY DWELLING.
OTHER DWELLINGS ARE PRESENT IN THE AREA.
UH, NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES.
UM, THE PROPERTY IS NOT LOCATED NEAR ANY PUBLIC UTILITIES.
OF COURSE, WE ARE GONNA HAVE ELECTRIC GOING TO THE ACCESSORY DWELLING.
UM, NUMBER THREE, PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UM, WHAT I'LL SAY IS THE RESIDENTIAL DWELLING IS CONSISTENT WITH OTHER DWELLINGS IN THE AREA, BUT THIS USE WILL NOT HAVE THE EFFECT OF, UH, BEING A DETRIMENT TO THE COMMUNITY.
UH, NUMBER FOUR, WHETHER PROPOSED USE WILL ADVERSELY IMPACT ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS, UM, THE ANSWER IS NO ADVERSE IMPACT IS ANTICIPATED, AS THERE ARE NONE OF THOSE AREAS NEARBY.
NUMBER FIVE, IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
THE ANSWER IS NO ADVERSE IMPACT IS ANTICIPATED.
THE USE WILL OTHERWISE MEET FRONT SIDE REAR SETBACKS FOR, FOR A HOUSE.
UH, NUMBER SIX, WHETHER PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY OR GENERAL WELFARE ANSWER IS THIS STRUCTURE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, UH, CONFORMANCE WITH GOOD ZONING PRACTICE.
YES, THERE IS A YES ACCESSORY DWELLING, SUCH AS THESE ARE ALLOWED BY SPECIAL USE PERMIT.
UH, THE APPLICANT IS ALSO APPLYING FOR VARIANCES FOR THIS USE.
SO IN THIS IS VARIANCES FOR SIZE AND, UM, SETBACK DISTANCE BETWEEN HOUSE ONE AND HOUSE TWO.
UH, NUMBER EIGHT, UH, PUBLIC NECESSITY OR CONVENIENCE.
THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
AND THEN WE'LL GET INTO THE, UH, VARIANCE PART.
STRICT APPLICATION SLASH UNREASONABLE RESTRICTION VERSUS ALLEVIATING HARDSHIP.
UH, NO, THE ACCE, THE LACK OF AN ACCESSORY DWELLING DOES NOT RE UNREASONABLY RESTRICT THE UTILIZATION OF THE PROPERTY.
SO IN THE EVENT THE ANSWER IS NO, THEY COULD STILL HAVE THE DWELLING THAT'S ON SITE.
NUMBER TWO, GOOD FAITH ACQUISITION AND NOT A SELF-CREATED HARDSHIP.
THE OWNER COULD PLACE AN ACCESSORY DWELLING IN A LOCATION WHERE VARIANCES ARE NOT REQUIRED AND THE SQUARE FOOTAGE COULD BE ADJUSTED.
SO THE VARIANCE IS NOT REQUIRED.
UH, NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.
THE ACCESSORY DWELLING MEETS FRONT SIDE, REAR AND HEIGHT REGULATIONS IN AGRICULTURAL ZONING EXCEPT FOR DISTANCE BETWEEN HOUSE ONE AND HOUSE TWO.
AND, UM, WITH THAT BEING SAID, NO ADJACENT PROPERTY OWNERS WILL BE AFFECTED.
NUMBER FOUR, IS THIS GENERAL OR RECURRING ENOUGH IN NATURE TO AMEND THE ORDINANCE? AND THE ANSWER IS NO.
THIS CONDITION OF THE APPLICATION IS SPECIFIC TO THIS CASE.
UH, NUMBER FIVE, RESULT IN A USE NOT OTHERWISE PERMITTED.
ACCESSORY DWELLINGS ARE ALLOWED BY SPECIAL USE PERMIT IN AG ZONING, WHICH IS ALSO BEING APPLIED FOR.
AND THEN, UM, IS A REMEDY OF SALT, UH, SOUGHT AVAILABLE THROUGH SPECIAL USE? UH, THE ANSWER IS, UH, NO.
UH, NO OTHER ALTERNATIVE IS AVAILABLE TO HANDLE THIS REQUEST.
UM, ELECTRIC UTILITIES ARE LOCATED ON ALONG NEAL PARKER ROAD.
UM, NE PARKER ROAD IS A V MAINTAINED SECONDARY ROADWAY.
I WOULD CONSIDER AN AVERAGE CONDITION.
UM, AND I WOULD ALSO CONSIDER THE DRIVEWAY TO THE PROPERTY TO BE AN AVERAGE, AVERAGE CON UH, CONDITION.
UH, 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.
SO WHEN WE GO INTO STAFF FINDINGS, THE APPLICANT REQUESTS A SPECIAL USE PERMIT IN MULTIPLE VARIANCES TO BUILD AN ACCESSORY DWELLING ON THEIR LOT.
UM, THE STRUCTURE REQUIRES A VARIANCE FOR BOTH PLACEMENT STRUCTURE, SIZE, UM, NOT LOT SIZE.
SO WE'RE JUST TALKING ABOUT PLACEMENT AND STRUCTURE SIZE.
AND THIS IS A SELF-CREATED HARDSHIP AND THE APPLICANT HAS NOT MET THE REQUIREMENTS FOR GRANTING THE VARIANCE.
SO STAFF RECOMMENDATIONS, STAFF RECOMMENDS APPROVAL OF SUSE 1 5 3 20 26 FOR AN ACCESSORY DWELLING.
UM, AND THEN STAFF DOES NOT NORMALLY MAKE RECOMMENDATIONS ON VARIANCE CASES.
HOWEVER, THE APPLICANT HAS NOT MET THE THRESHOLD OF APPROVAL FOR THE VARIANCE.
HOWEVER, IF THE BCA WISHES TO GRANT THE SPECIAL USE PERMANENT VARIANCES, THE STAFF RECOMMENDS THE FOLLOWING CONDITIONS.
UH, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND PLOT PLAN AS SUBMITTED.
NUMBER THREE, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VDOT AND HEALTH DEPARTMENT REGULATIONS.
NUMBER FOUR, THE APPLICANT SHALL PROVIDE A SURVEY OF THE SITE SHOWING THE PROPERTY COS AND THE PROPOSED FOOTPRINT OF THE STRUCTURE.
THIS SURVEY MUST BE STAKED AND CERTIFIED BY A LICENSE SURVEYOR.
UH, NUMBER FIVE, THE SITE SHALL BE PROPERLY MAINTAINED AT ALL TIMES UNTIL A CERTIFICATE OF OCCUPANCY IS ISSUED.
[01:20:01]
THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE INSPECTIONS OF THE SITE AT ANY TIME UNTIL A CERTIFICATE OF OCCUPANCY IS ISSUED.AND NUMBER SEVEN, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE SPECIAL USE PERMIT AND VARIANCE, NULL AND VOID.
UM, I JUST WANNA SAY FOR THE MOTIONS TO REITERATE, THE VARIANCES ARE FOR, UM, SETBACK DISTANCE FROM HOUSE ONE TO HOUSE TWO.
AND THERE IS A SLIGHT, UM, THEY ARE OVER THE 1200 SQUARE FOOT MAXIMUM FOR ACCESSORY DWELLING.
SO THOSE ARE THE VARIANCES THAT WE'RE TALKING ABOUT TODAY.
IF YOU HAVE ANY QUESTIONS FOR ME, UM, I COULD ANSWER.
UM, AND THE, THE SPECIAL USE PERMIT, WHY IS THIS NOT BY RIGHT.
FOR THE ACCESSORY? 'CAUSE IT'S A DWELLING, NOT A STRUCTURE, RIGHT? IT'S A DWELLING.
WE HAD A CASE WITH MR. PITTS ABOUT THIS KIND OF THING, DIDN'T WE RECENTLY, THOSE WERE FOR, THOSE WERE SLIGHTLY DIFFERENT.
THEY WERE, UM, I BELIEVE THEY WERE MULTIFAMILY.
SO IT'S BECAUSE IT'S AN ACCESSORY DWELLING, IT'S NOT A USE BY RIGHT.
AS OPPOSED TO A PRIMARY RESIDENCE IN AN ACCESSORY STRUCTURE.
DOES THE FACT THAT IT APPEARS TO BE LANDLOCKED MAKE ANY DIFFERENCE? UM, ROAD WIDE? YOU KNOW, THAT THE WAY WE LOOK AT IT, IT'S A LOT OF RECORD.
AND WHAT I WILL SAY ABOUT THE SITE PLAN, AS FAR AS SETBACKS ARE CONCERNED, YOU KNOW, I THINK THE CLOSEST IS HERE.
SO NO MATTER HOW YOU, HOW YOU SLICE THIS, WHETHER YOU WANNA CALL THIS THE FRONT OR THIS, THE FRONT, IT WOULD MEET ALL SETBACK REQUIREMENTS EXCEPT FOR OBVIOUSLY DISTANCE BETWEEN THE DWELLING AND THE ACCESSORY.
WOULD, WOULD IT MATTER IF EVENTUALLY THEY CHANGE THAT TO A PRIMARY RES? UH, WHICH WOULD BE THE PRIMARY RESIDENCE? THAT'S NOT
IT JUST MAKES SENSE THAT THIS IS THE ACCESSORY DWELLING BECAUSE THE FIRST ONE'S BEEN THERE AND IT'S 140 FOOT, 144 FOOT LARGER THAN WHAT IT SPENT.
SO THE LOT MEETS THE LOT SIZE REQUIREMENT TO APPLY FOR A SPECIAL USE PERMIT FOR THE DWELLING.
BUT MY QUESTION IS, ACCORDING TO THE SITE PLAN, IT APPEARS THAT THE 140 FOOT DISTANCE BETWEEN THE TWO DWELLINGS CAN BE MET.
THEY COULD POTENTIALLY PLACE IT ON ANOTHER, IN A DIFFERENT LOCATION AND POTENTIALLY MEET THE 140 FEET.
IS IT SEPTIC AND WELL OR SOMETHING, YOU KNOW, PROHIBITED IT FROM BEING, I WOULD SAY THAT'S A BETTER QUESTION FOR THE APPLICANT.
UM, I SEE THE WELL NOW THOUGH.
SO THERE'S THE, THERE'S THE DRAIN FIELD THERE.
WELL, I MEAN, THEY COULD POTENTIALLY, DEPENDING ON WHAT'S BACK HERE, I MEAN, THEY COULD POTENTIALLY PUT THE ACCESSORY DWELLING BACK HERE TO WHERE THEY WOULDN'T NEED A VARIANCE.
SO THEY WOULD STILL NEED THE VARIANCE FOR THE, FOR THE SIZE.
BUT IT APPEARS THAT THEY CAN RELOCATE IT, TURN IT OR SOMETHING.
SO THERE IS, THERE IS SOME SORT OF AN IRRIGATION POND BACK HERE.
WHICH, WHICH COULD, YOU KNOW, THAT'S CLOSE
IS, IS IT SHARED WELL IN SEP THEN? UH, LET'S SEE.
IS THAT NOT OUR PURVIEW? THAT WOULD BE SOMETHING THAT WOULD BE HANDLED DURING THE, DURING THE BUILDING PERMIT PROCESS.
UM, THEY WOULD HAVE TO SHOW THAT THE WELL AND DRAIN FIELD AND THE SEPTIC SYSTEM COULD HANDLE IT.
WHEREAS IF IT COULD NOT AND THE HEALTH DEPARTMENT SAID, HEY, THIS CAN'T HANDLE IT, THEY WOULD HAVE TO DO THEIR OWN WELL IN SEPTIC FOR THAT SEPARATE DWELLING.
NO OTHER QUESTIONS? UH, PATTY, ARE YOU SPEAKING ON BEHALF OF THE YES.
WOULD YOU COME AND GIVE US YOUR FULL NAME? BEN SUE.
DO YOU SWEAR TO TELL THE TRUTH, WHOLE TRUTH, NOTHING BUT THE TRUTH ON ALL MATTERS BEFORE? YES.
WHAT WOULD YOU LIKE TO SHARE WITH US BEFORE? UM, I HAVE THE SITE PLAN THAT DOES HAVE THOSE PONDS ON THERE IF YOU WANT.
[01:25:01]
YEAH, SO IT DOES HAVE THE PONDS ON THERE AS WELL.AND THIS HOME WILL HAVE ITS OWN WELL IN SEPTIC.
UM, WE HAVEN'T SENT IT TO THE A OSC OBVIOUSLY BEFORE, BUT WE HAVE BEEN TALKING WITH THE HEALTH DEPARTMENT AND THEM TO KIND OF GET WHERE IT CAN GO THERE.
SO THE HOME WILL HAVE ITS OWN SEPTIC AND WELL, UM, FOR THAT.
ANY OTHER QUESTIONS FOR THAT? NO.
WE OFTEN REFER TO THESE AS MOTHER-IN-LAW.
SO THE GENTLEMAN THAT IS LIVING THERE, HE HAS, UM, HE HAS BEEN DIAGNOSED WITH ALZHEIMER'S, SO HE IS GOING TO BE WITH DEMENTIA.
SO THAT'S WHY THEY WANT TO KEEP HIM CLOSE.
CAN YOU SAY THAT AND PUTTING THEM NEAR POND PROBABLY WOULDN'T BE GOOD IF THEY ALL THE QUESTIONS THEN, UH, SENT IT.
IF YOU'LL PUT THE MOTIONS BACK UP.
I BELIEVE WE DEAL WITH THE SPECIAL USE FIRST AND THEN THE VARIANCE.
AND SO DO WE, ARE WE READY TO MAKE A MOTION ON THE SPECIAL USE? I MOVE THAT THE AKIMA COUNTY BOARD OF ZONING APPEALS APPROVE SUSE DASH 0 0 0 1 53 20 26 A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 5 3 22 TO ALLOW CONSTRUCTION OF AN ACCESSORY DWELLING ON TAX PARCEL ONE ZERO A DASH 35 A WITH THE SEVEN CONDITIONS RECOMMENDED BY STAFF.
ARE WE READY TO MAKE A, A MOTION ON THE VARIANCE? I MOVE THAT THE MACK COUNTY BOARD OF ZONING APPEALS APPROVE VARIANCE 0 0 0 1 4 7 DASH 2026 FOR A VARIANCE OF 75 FEET FROM THE 140 FOOT SETBACK DISTANCE FROM MULTIPLE DWELLINGS PER ACK COUNTY CODE SECTION 1 0 6 DASH 2 3 8 AND A VARIANCE OF 144 SQUARE FEET FROM THE 1200 SQUARE FOOT MAXIMUM FOR ACCESSORY DWELLINGS FOUND IN ACK COUNTY CODE SECTION 1 0 6 DASH ONE ON TAX PARCEL FOUR ONE DASH A DASH EIGHT FOUR A, EXCUSE ME, OF A, A TYPO THERE.
IT SHOULD BE 10 A 35 A FOR THAT 10 A ONE ZERO A 35 A DASH 35 A YEP.
WITH THE SEVEN CONDITIONS RECOMMENDED BY STAFF, WE HAVE A MOTION TO APPROVE THE VARIANCE.
SO NEXT UP WE HAVE A KATHY SALAMON.
THIS IS MULTIPLE SETBACK VARIANCES IN THE RESIDENTIAL DISTRICT.
UH, APPLICANT IS, UH, MS. SOLOMON PROPERTY OWNER.
UM, ON RECORD IS EUGENE SINGER.
THIS IS LOCATED AT, UH, THE 1240 BLOCK OF, UH, HUMMINGBIRD LANE.
THIS IS TAX MAP NUMBER 1 0 9 D DASH TWO DASH C DASH FIVE, ELECTION DISTRICT NINE, APPROXIMATELY 0.27 ACRES ZONE RESIDENTIAL.
WE ARE ASKING FOR, UH, SIDE AND REAR SETBACK VARIANCES.
FUTURE LAND USE RECOMMENDATION IS AG CURRENT AND PROPOSED USES ARE RESIDENTIAL ADJACENT ZONINGS ARE ALSO RESIDENTIAL.
UM, I BELIEVE THIS IS IN THE CEDAR VIEW SUBDIVISION, SO A LOT OF SINGLE FAMILY DWELLINGS IN THIS AREA.
OKAY, SO THAT IS THE SITE ZONE IN RESIDENTIAL FUTURE LAND USE RECOMMENDATION IS AG.
UM, THE GREEN IS A 0.2% ANNUAL CHANCE, SO IT'S NOT IN THE FLOOD ZONE.
AND THEN, UM, IT'S NOT IN AN RP.
UM, GOING BACK TOWARDS THE MAIN ROAD THAT TAKES YOU OUT OF THE SUBDIVISION.
UM, THIS IS THE FRONT PROPERTY LINE.
THERE'S A CUL-DE-SAC HERE, AND THIS IS THE PROPERTY THAT WE'RE TALKING ABOUT.
WE SEE THE PROPOSED HOUSE, AND WE ARE REQUESTING VARIANCES FOR THE SIDES AND THE REAR.
SO, UH, CONSIDERATIONS FOR VARIANCE APPLICATION, UH, STRICT APPLICATION SLASH UNREASONABLE RESTRICTION VERSUS ALLEVIATING HARDSHIP.
THE DWELLING COULD BE ALTERED SO THAT IT MEETS THE SIDE AND REAR SETBACK REGULATIONS.
SO THEY COULD, FOR INSTANCE, CHANGE THE SIZE, CHANGE THE SIZE OF
[01:30:01]
THE HOME IN SUCH A WAY THAT IT MEETS MEETS SETBACKS.UM, NUMBER TWO, GOOD FAITH ACQUISITION, NOT A SELF-CREATED HARDSHIP.
IT IS THE APPLICANT'S DECISION TO BUILD A DWELLING IN A WAY THAT IT NEEDS A VARIANCE.
AND THIS BY DEFINITION IS A SELF-CREATED HARDSHIP.
UH, NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.
WHILE THE DWELLING IS ENCROACHING THE SETBACK, THE DWELLING IS NOT CROSSING BOUNDARY LINES, NEIGHBORING HOUSES.
UM, WHEN YOU LOOK AT THE MAP AND YOU, YOU MEASURE THINGS OUT, THERE ARE OTHER HOUSES IN THE NEIGHBORHOOD THAT HAVE SIMILAR SETBACK.
ENCROACHMENTS NUMBER FOUR, GENERAL OR RECURRING ENOUGH IN NATURE TO AMEND THE ORDINANCE.
UH, NO, THE REQUEST IS SPECIFIC TO THIS CASE.
UH, NUMBER FIVE, RESULT IN A USE NOT OTHERWISE PERMITTED.
THE ANSWER IS NO SINGLE FAMILY DWELLINGS SUCH AS THIS ARE ALLOWED BY RIGHT IN THE RESIDENTIAL DISTRICT.
AND NUMBER SIX, IS THE REMEDY SOUGHT AVAILABLE THROUGH SPECIAL EXCEPTION? THE ANSWER THERE IS NO, UH, UTILITIES ARE ALONG HUMMINGBIRD LANE, A WELL AND SEPTIC SYSTEM ARE A PART OF THIS PROJECT.
TRANSPORTATION HUMMINGBIRD LANE IS A VDOT MAINTAINED SECONDARY ROADWAY.
I WOULD CONSIDER IT AN AVERAGE CONDITION.
UH, PUBLIC COMMENT 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.
SO STAFF FINDINGS, THE APPLICANT PROPOSES TO BUILD A DWELLING THAT ENCROACHES OTHER THE SIDE OF REAR SETBACKS.
UM, THE HOUSE COULD BE ALTERED, SO THE VARIANCE IS NOT REQUIRED.
AND THIS IS A SELF-CREATED A HARDSHIP.
SO THE APPLICANT DOES NOT SATISFY THE VARIANCE REQUIREMENTS.
STAFF RECOMMENDATIONS STAFF DOES NOT USUALLY MAKE RECOMMENDATIONS FOR VARIANCE CASES, HOWEVER, THE APPLICANT HAS NOT MET THE THRESHOLD OF APPROVAL.
UM, HOWEVER, SHOULD THE BCA APPROVE THE VARIANCE STAFF RECOMMENDS THE FOLLOWING CONDITIONS.
THE APPLICANT SHALL APPLY FOR A BUILDING PERMIT WITH THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
NUMBER TWO, THE APPLICANT SHALL COMPLY WITH THE RELEVANT HEALTH DEPARTMENT OF VDOT REQUIREMENTS.
UH, NUMBER THREE, THE APPLICANT SHALL HAVE THE PROPERTY STAKED AT THE PROPERTY COS AND THE PROPOSED LOCATION OF THE DWELLING, A CERTIFICATE CONFIRMING THE ACCURACY OF THE STAKE SHALL BE PROVIDED BY A LICENSED SURVEYOR.
UH, NUMBER FOUR, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE REGULAR INSPECTIONS OF THE PROPERTY UNTIL A CERTIFICATE OF OCCUPANCY IS ISSUED.
AND NUMBER FIVE, A VIOLATION OF THESE CONDITIONS SHALL RENDER THE VARIANCE NULL AND VOID.
THAT IS THE MOTION I CAN ANSWER QUESTIONS THAT YOU HAVE ALSO, AND MS. SOLOMON'S HERE IF YOU HAVE ANY QUESTIONS FOR HER.
DO YOU HAVE ANY QUESTIONS FOR GIN? DOES DOES APPLICANT HAVE ANYTHING YOU'D LIKE TO SHARE? UM, I'VE CLOSED ON THE PROPERTY.
SIR, COULD YOU, COULD YOU COME AND GIVE US YOUR NAME FIRST? HI.
UM, I'VE CLOSED ON THE PROPERTY.
COULD YOU GIVE US YOUR NAME FIRST? OH, KATHY SELLON.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH ON ALL MATTERS BEFORE US? YES, I DO.
NOW, WHAT WOULD YOU LIKE TO SHARE WITH US? I JUST WANTED TO SAY THAT I AM NOW THE OWNER OF THE PROPERTY.
I HAVE CLOSED ON IT AND I HAVE THE DEED HERE.
IF YOU WANTED TO SEE IT, IT'S NO LONGER BELONGS TO IT.
WELL, DOES ANYONE HAVE QUESTIONS OR NO, NO QUESTIONS? NO, SIR.
UH, WHEN WERE THESE LOTS CREATED? I DON'T HAVE AN EXACT DATE.
MY ASSUMPTION IS CEDAR VIEW IS A FAIRLY OLD SUBDIVISION.
IT'S, UH, IT, IT MIGHT PREDATE THE ORDINANCE.
WOULDN'T THAT HAVE BEN BENSON ONE? HM.
I THINK THAT WAS A BEN BENSON ONE.
WOULD IT BE ON THE NO, NOT WHEN THE LIGHTS WERE CREATED.
THE ORANGES CAME INTO EFFECT IN JUNE 73, 4, SOMETHING LIKE THAT.
MY, WE OFTEN HAVE THESE LOTS THAT WERE CREATED MM-HMM
WITHOUT CONSIDERATION OF COMPLIANCE.
WHAT THE, WHAT THE SETBACK BUSINESSES WOULD BE TODAY.
I MEAN, WE'VE HAD LOTS FROM BACK IN THE FIFTIES AND SIXTIES.
WITH ALL DISCUSSION OUTTA THE WAY, ARE WE READY TO MAKE A RECOMMENDATION? I'LL MAKE A RECOMMENDATION.
I MOVE THAT THE AKIMA COUNTY BOARD OF ZONING APPEALS APPROVES DAR DASH 0 0 0 1 4 5 DASH 2 0 2 6 VARIANCES OF 2.97 FEET AND 1.92 FEET FROM THE 15 FOOT SIDE SETBACK REQUIREMENT PURSUANT TO ACK COUNTY CODE SECTION 1 0 6 DASH EIGHT
[01:35:01]
THREE IN A VARIANCE OF FOUR FROM THE 35 FOOT REAR SETBACK REQUIREMENT PURSUANT TO ACK COUNTY CODE SECTION 1 0 6 DASH EIGHT THREE PARENTHESES B ON TAX PARCEL 1 0 9 D DASH TWO DASH C DASH 5 55.CONDITIONS RECOMMENDED BY STAFF, WE HAVE A MOTION TO APPROVE THE BENCH.
UM, SO THIS IS SUSE 0 0 0 1 5 0 20 26.
THIS IS, UH, EDWARD AND AUTUMN CALLED, IF I MESSED THAT UP, I'M SORRY.
UM, AND THAT'S AN RV FOR HABITATION AS AN ASIDE, WHEN YOU HAVE A NAME LIKE GIN, YOU KNOW? YEAH.
UM, APPLICANT AND OWNERS OF THE SAME PEOPLE, UM, LOCATED ON TEXT MAP NUMBER 91 DASH A DASH 180 4 B.
THIS IS THE 24 300 BLOCK OF JOINS LANE.
UM, ACRES IS 12 ACRES ZONE AGRICULTURAL FUTURE LAND USE RECOMMENDATION IS ALSO AG.
UM, PROPOSED USE IS RESIDENTIAL AND AGRICULTURAL NATURE.
WE ALSO HAVE A VACANT FARMLAND AND SINGLE FAMILY RESIDENCES.
THIS IS THE PROPERTY, UH, LOCATED IN A FLOOD ZONE ZONE AGRICULTURAL.
WE DO HAVE RPA ON THE SITE, BUT THERE WHERE THESE, WHERE THE RV IS GOING IS NOT IN THE RPA.
AND OF COURSE, UM, FUTURE LAND USE WAS ALSO AG.
THIS IS JOINS LANE, GOING BACK TO THE ROAD, LIKE GOING BACK TO CASH BILL.
THIS IS THE ENTRANCE TO THE PROPERTY.
UM, AND THEN WE HAVE, UH, THE RV, UH, TWO LOCATIONS OF THE RV.
WE ARE DEALING WITH THE ORANGE SECTION RIGHT HERE.
SO NOT LOCATED NEAR ANY PROPERTY LINES AND FAR ENOUGH AWAY FROM THE EDGE OF THE WETLANDS TO WHERE, UH, WE ARE NOT IN THE, WE ARE NOT DEALING WITH THE RPA AT THIS POINT.
UM, AND JUST AS SOME BACKGROUND, UM, THEIR FUTURE PLANS ARE FOR A HOUSE.
THEY ARE MORE IN THE BEGINNING STAGES OF THAT PROCESS.
UM, BUT WHAT YOU'RE SEEING HERE IS A PROPOSED LOCATION OF THE HOUSE AND A WELL AND SEPTIC SYSTEM.
UM, THIS IS KIND OF WHAT THE HOUSE WOULD LOOK LIKE WHEN CONSTRUCTED.
AND AGAIN, THEY'RE VERY EARLY IN THIS PROCESS, SO THEY'RE STILL GETTING, UM, BOGS ABUNDANT TO COME OUT AND DO THE WELL AND SEPTIC SYSTEM.
AND THEY'RE, THEY'RE IN THE BEGINNING STAGES OF GETTING THE PLANS FOR THE HOUSE.
SO CONSIDERATIONS FOR SPECIAL USE PERMITS, ADVERSE IMPACT TO THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
ANSWER IS GENERALLY TRAVEL TRAILERS FOR HABITATION ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, NUMBER TWO, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES.
UM, THE ANSWER THERE IS NO, THE SITE'S NOT ACCESSED BY PUBLIC WATER AND SEWER.
OF COURSE, UH, WHEN THE TIME COMES, THEY ALREADY HAVE AN ELECTRICAL PEDESTAL THERE.
SO THERE, THERE IS ELECTRIC RUNNING TO THE PROPERTY.
UH, NUMBER THREE, WHETHER PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
TRAVEL TRAILERS DO NOT CREATE 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.
WHILE THE PROPERTY IS CREEK FRONT, THE PROPOSED IMPACT IS MINOR AND THE RV WOULD BE REQUIRED TO FOLLOW THE FLOODPLAIN ORDINANCE.
SO THAT'S, WE'RE TALKING ABOUT THE 180 DAYS THAT AN RV CAN BE ONSITE AT ANY GIVEN TIME AND IT HAS TO BE ROAD READY.
SO THOSE REGULATIONS FOR THE RV WOULD NEED TO BE MET.
UH, NUMBER FIVE, WHERE THE PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING IN NEARBY PROPERTY OWNERS.
UH, THE USE OF A TRAVEL TRAILER FOR HABITATION IN ONE LOCATION ADVERSELY IMPACTS THE VALUE OF ADJOINING IN NEARBY PROPERTY OWNERS.
ALSO, AN RV IN A LOCATION THAT IS NEAR SINGLE FAMILY DWELLINGS COULD AFFECT PROPERTY VALUES.
UM, NUMBER SIX, PROMOTE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
UH, THE USE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
I WOULD SAY THAT SINCE IT IS IN A FLOOD ZONE, YOU KNOW, THERE'S ALWAYS THAT INHERENT RISK OF, YOU KNOW, HURRICANE RV STARTS GOING PLACES IT SHOULDN'T GO.
UM, UH, NUMBER SEVEN, CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS.
UH, TRAVEL TRAILERS ARE NOT DESIGNED FOR USE IN ONE LOCATION CONTINUOUSLY.
[01:40:01]
THE BCA HAS GRANTED SUVS FOR THIS TYPE OF USE AT PREVIOUS MEETINGS.NO LOCAL LAWS, ORDINANCES, OR REGULATIONS ARE AFFECTED.
UM, WHETHER GRANTED THE SPECIAL USE PERMIT IS JUSTIFIED BY PUBLIC NECESSITY, THE ANSWER THERE IS NO.
SO UTILITIES, UM, THE OWNER IS RESPONSIBLE FOR THE DISPOSAL OF WASTE.
MY UNDERSTANDING IS THEY PUMP IT OUT AND TAKE IT TO A DISPOSAL SITE BECAUSE THERE'S NO WELL AND SEPTIC ON THE PROPERTY AT THIS POINT.
AND THEN, UH, UTILITIES ARE LOCATED ALONG JOINS LANE.
JOINS LANE IS A PRIVATE STREET.
I WOULD CONSIDER IT AN AVERAGE CONDITION.
IT IS, IT IS GRAVELED UP TO THEIR PROPERTY.
ENVIRONMENTAL, THE PROPERTY IS LOCATED IN A SPECIAL FLOOD HAZARD AREA AND RV IN A SPECIAL FLOOD HAZARD AREA, COULD PRO, COULD POSE A RISK TO ADJACENT PROPERTIES IN THE EVENT OF A FLOOD.
AGAIN, IN THE EVENT OF A FLOOD, IT COULD START MOVING AND, AND GO PLACES IT SHOULDN'T GO.
UM, NOTICE WERE, WERE PROVIDING NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW AND AS A PRESERVATION.
AS A PREPARATION OF SLIDE DECK.
ONE PUBLIC COMMENT, UH, FOR THIS SUP WAS RECEIVED BY PHONE.
UM, AT FIRST THEY WERE AGAINST IT.
I THINK THAT THEY'RE STILL AGAINST IT.
UM, BUT ONCE THEY HAD A BETTER UNDERSTANDING OF WHAT, WHAT THE USE WAS GOING TO BE, UM, THEY WERE, THEY WERE MORE OKAY WITH IT.
BUT STILL SOMEWHAT AGAINST, UM, STAFF FINDINGS.
THE APPLICANTS HAVE PLACED A TRAVEL TRAILER ON THE PROPERTY WHILE THEY'RE PLANNING AND BUILDING A SINGLE FAMILY RESIDENCE.
THE APPLICANTS ARE REQUESTING THAT THEY OCCUPY THE TRAVEL TRAILER FOR 16 MONTHS, WHICH IS IN ADDITION TO THE TIME PERIOD THAT THEY HAVE BEEN OCCUPYING THE TRAVEL TRAILER.
AS THIS IS AN AFTER THE FACT PERMIT.
UM, THE TRAVEL TRAILER REQUIRES A SPECIAL USE PERMIT.
GENERALLY, TRAVEL TRAILERS FOR HABITATION ADVERSELY IMPACT THE GENERAL CHARACTERS SURROUNDING THE AREA.
AND GENERALLY, TRAVEL TRAILERS DO NOT CREATE AN ATTRACTIVE AND HARMONIOUS COMMUNITY AND CAN AFFECT PROPERTY VALUES OF ADJOINING PROPERTY OWNERS.
STAFF RECOMMENDS DENIAL OF SUSE 1 5 0 20 26 BASED ON TRAVEL TRAILERS ADVERSELY IMPACTING THE SURROUNDING AREA AND THE POTENTIAL, UH, DETRIMENT TO ADJOINING PARCELS AND PROPERTY VALUES.
HOWEVER, IF THE BCA VOTES TO APPROVE THE SPECIAL USE PERMIT, STAFF RECOMMENDS THE FOLLOWING CONDITIONS.
THERE ARE 10, SO THERE'S FIVE ON THIS PAGE AND FIVE ON THE OTHER.
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 APPLICATION AND PLOT PLAN AS SUBMITTED.
UH, NUMBER THREE, THE SPECIAL USE PERMIT SHALL BECOME NULL AND VOID SHALL THE PROPERTY BE SOLD TRANSFERRED.
NUMBER FOUR, THE APPROVAL IS FOR ONE UNIT AND IS ONLY FOR THE APPLICANT'S.
UH, NUMBER FIVE, THE SPECIAL USE PERMIT SHALL EXPIRE THE EARLIER OF ONE YEAR FROM THE DATE OF ISSUANCE OR THE ISSUANCE OF A C CERTIFICATE OF OCCUPANCY FOR A SINGLE FAMILY RESIDENCE ON THIS PARCEL.
NUMBER SIX, THE APPROVAL DOES NOT INCLUDE SHORT-TERM RENTAL SITE.
NUMBER SEVEN, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE TRAVEL TRAILER IS ON SITE.
NUMBER EIGHT, THE APPLICANT SHALL ALLOW THE COUNTY TO PERFORM INSPECTIONS OF THE SITE AT ANY TIME WHILE THE SPECIAL USE PERMIT IS ACTIVE.
NUMBER NINE, THE APPLICANT SHALL COMPLY WITH SECTION 1 0 6, 360 7 4 B OF THE ANIMA COUNTY ZONING ORDINANCE, WHICH PROVIDES THAT THE TRAVEL TRAILER BE ANCHORED, HAVE QUICK DISCONNECT UTILITIES AND BE REMOVED EVERY 180 DAYS AMONG OTHER REQUIREMENTS.
AND NUMBER 10, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE SPECIAL USE PERMIT I'LL AND VOID.
THAT IS THE MOTION I CAN ANSWER ANY QUESTIONS.
THE FIRST IS THEY HAVE TWO APPLICATIONS IN FRONT OF US, CORRECT? ARE WE TAKING 'EM IN THE CORRECT ORDER OR DOES IT NOT MATTER? IT DOESN'T MATTER.
ONE IS FOR AN RV, THE OTHER IS FOR AN FOR ACCESSORY STRUCTURES.
THEY CAN BE INDEPENDENT OF EACH OTHER SOMEWHERE.
I SAW THAT YOU TALKED ABOUT 18 MONTHS AND THEN LATER YOU TALKED ABOUT 12 MONTHS.
SO 12 MONTHS WOULD BE THE CONDITION.
UM, MY UNDERSTANDING IS THEIR, THEIR PLAN IS ABOUT 16 MONTHS, BUT 12 MONTHS.
THE REASON THAT WE PUT 12 MONTHS IS IF, IF THEY ARE NOT DONE, IT ACTS AS KIND OF A PROGRESS REPORT THAT THEY WOULD HAVE TO COME IN HERE AND SAY, HEY, THIS IS HOW MUCH WE'VE GOTTEN DONE IN THIS AMOUNT OF TIME'S.
WHAT WAS WAS THE 18 MONTHS THEN? WASN'T THAT FOR HAP I THINK THEY WERE FOR 16, WASN'T IT? I THINK IT WAS 16.
AND THEY WERE ASKING, YOU SAID IN ADDITION TO, SO THEY'RE THE TIME HAD ALREADY BEEN THERE.
THE APPLICANTS ARE REQUESTING THAT THEY OCCUPY THE TRAVEL TRAILER FOR 16 MONTHS.
BUT WE, YOUR PROPOSALS WE GIVE THEM 12 MONTHS.
ANY OTHER QUESTIONS FOR CINDY?
[01:45:01]
OKAY.AND YOU DON'T WANT TO GIVE 'EM THE 16TH.
YOU JUST, THIS IS A WAY TO MAKE SURE SOMETHING GETS DONE THE 12 MONTHS.
AND, AND IF, AND IN THE EVENT THAT, THAT IT DOESN'T GET DONE, THEY CAN COME IN HERE AND APPLY FOR IT AGAIN AND EXPLAIN THEIR PROGRESS.
APPLICANTS HAVE ANYTHING THEY WISH TO SHARE? UH, WOULD EDWARD KAABA, ARE YOU BOTH GONNA SPEAK? UH, IF NEEDED OKAY.
WOULD YOU BOTH, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH ON ALL MATTERS BEFORE US? I DO.
UH, WHAT WOULD YOU LIKE TO SHARE WITH US? UH, WE SOLD OUR HOUSE IN DELAWARE.
UM, AUTUMN HAS GOT FULL-TIME EMPLOYMENT HERE, UH, IN ONANCOCK.
AND WE LOOK TO SELF CONTRACT THIS HOME TAKING THINGS STEP BY STEP AND WOULD, UM, JUST LIKE TO OVERSEE, YOU KNOW, BE ON THE PROPERTY TO, UH, LAND CLEAR, WHICH, UM, I LOOK TO DO.
AND JUST TO MAKE SURE EVERYTHING GOES WELL AND BE THERE.
THE, UM, RELATED TO THE MONTHS OF 16 MONTHS IS RELATED TO OUR TIMELINE.
YOU WOULD'VE RECEIVED THIS ON YOUR, UM, DESK THERE PRIOR TO THE MEETING.
IT HAS SOME BACKGROUND INFORMATION AND THEN ALSO OUR CONSTRUCTION TIMELINE THAT WE'RE PROPOSING.
LIKE AS MENTIONED, WE'RE IN THE EARLY STAGES, BUT THIS IS WHAT WE'RE LOOKING TO BUILD.
IT'S, UM, ABOUT 1300 SQUARE FOOT PILING HOME.
AND, UH, SO IT'S VERY MODEST AND WE HAVE, UM, 12.32 ACRES.
I I KNOW THAT, UH, CINDY SAID THIS WAS KIND OF A AFTER FACT ON THE TRAVEL TRAILER.
HOW LONG HAS IT ALREADY BEEN THERE? UH, ABOUT ONE TO TWO MONTHS.
UM, WE WERE UNFAMILIAR WITH THE REGULATIONS IN AKIMA COUNTY, SO WE STARTED, UM, STAYING MORE OF A FULL-TIME RECENTLY.
AND I'VE BEEN WORKING FOR THE TOWN OF, IN C**K FOR ABOUT TWO AND A HALF WEEKS NOW.
SO YOU, YOU'RE, YOU PLAN TO RESIDE IN THE TRAILER FULL TIME, IS THAT CORRECT? YES.
AND UH, UH, AND THE PROGRESS ON THE CONSTRUCTION IS SO, UM, ONE OF THE, ONE OF THE ITEMS THAT WE HAVE ALREADY APPLIED FOR IS A PRIVATE DOCK AND WE'RE WAITING FOR FINAL APPROVAL ON THAT IN DECEMBER.
AND IF WE GET APPROVAL ON THAT, THEN WE'LL PROCEED WITH THE COMPLETE ARCHITECTURAL DRAWINGS AND BUILDING PERMIT AND SUCH.
IF WE GET DENIED ON OUR, UM, DOCK, THEN WE WOULD PROBABLY RECONSIDER BUILDING.
CINDY, IF YOU WOULD COME BACK THERE.
NO OTHER QUESTIONS FOR GIN? ARE WE READY TO MAKE A MOTION? I PUT MY NAME DOWN.
WOULD YOU GIVE US YOUR FULL NAME? MY FULL NAME IS COLLEEN CARROLL DALEY.
DO YOU SWEAR TO TELL THE TRUTH, WHOLE TRUTH, NOTHING BUT THE TRUTH ON ALL MATTERS BEFORE I DO.
WHAT WOULD YOU LIKE TO SHARE WITH US? WELL, I'M AN ADJACENT LANDOWNER.
I LIVE AT 2 4 3 0 7 JOINS LANE.
I BUILT MY HOUSE IN 2000, I MEAN A 1995.
UM, I'VE SEEN HURRICANE FLOYD COME THROUGH AND HURRICANE SANDY AND THE TIDE COMES UP AND THE FLOODING COMES UP VERY QUICKLY.
IF YOU'RE NOT PREPARED, IT IS A MESS.
AND, UH, I AGREE THAT, UM, THAT MAYBE, UH, ALLOWING THEM TO STAY THERE FOR A YEAR IS POSSIBLE.
BUT YOU LOOKED AT THE COOK CASE BEFORE US AND THEY HAD A, A PERMIT FOR, UH, TWO YEARS AND NOW IT'S GONE OVER TO THREE YEARS.
SO I MEAN, THE SAME THING COULD HAPPEN WITH THIS.
UM, THE TRAVEL TRAILER, UM, WILL IMPACT THE, YOU KNOW, THE OTHER SURROUNDING PROPERTIES.
UM, I WENT UP TO THE, UM, HEALTH DEPARTMENT.
THERE'S NO RECORD OF ANY, UH, WELL OR SEPTIC THAT HAS BEEN APPLIED FOR SO FAR FOR THAT TAX MAP.
UM, AND I DISAGREE WITH THE NUMBER FOUR ABOUT THE, UH, CONSIDERATIONS.
I THINK THAT, UM, THERE IS A HISTORICAL HOME ACROSS THE CREEK, UH, OWNED BY DR.
AND, UH, ANYONE WHO LIVES ON THE WATERFRONT CONSIDERS THEIR PROPERTY TO BE SCENIC AND WANTS TO PRESERVE IT.
[01:50:01]
UM, YOU KNOW, I THINK IT DOES AFFECT THE VALUE OF ADJOURNING ADJOINING PROPERTY OWNERS.AND, UH, PARKER'S CREEK IS ALREADY UNDER RESTRICTIONS FOR, UH, SHELLFISH DUE TO HIGH BACTERIAL TANKED.
AND I LOOKED AT SOME OF THE MATERIAL THAT WAS ON ONLINE, THAT TIMELINE THAT THEY HAVE IS INCORRECT.
'CAUSE THEY SAID THAT THEY WERE, UH, GONNA COMPLETE IT IN 2027 AND THAT REALLY SHOULD BE FEBRUARY OF 2028.
THE TIMELINE THEY SUBMITTED AND, AND I DIDN'T HAVE A CHANCE TO LOOK AT THIS.
THIS IS SOMETHING NEW THAT WASN'T AVAILABLE ON THE WEBSITE.
YOU KNOW, WE RECEIVED ONE OF THESE LETTERS AND YOU GO ON AND GET THE WEBSITE THAT THESE PLANS WERE NOT ON THERE AND HE HAD THE ONES HE DREW.
AND IS HE PLAN ON BEING A, A GENERAL CONTRACTOR FOR THIS OR IS HE, YOU KNOW, GOING TO, YOU CAN'T SUBMIT THOSE DRAWINGS THAT HE DID TO A, TO A CONTRACTOR AND EXPECT TO HAVE A HASH BUILT FROM THAT.
AND DOES THE LAND PERK, I MEAN, HAVE THEY TESTED TO SEE IF THE LAND PARKS JUST YESTERDAY THEY, THEY CAME AND VISITED AND TALKED THAT WHOLE PLATFORM.
WELL, AND GETTING THE SEPTIC BUN WAS THERE YESTERDAY.
WE HAVE A WHOLE I $26,000 DEAL THAT HAS TO HAPPEN FOR US TO DO.
AS MENTIONED, WE'RE IN THE VERY EARLY STAGES OF PLANNING AND, AND DECIDING WHAT IT'S GONNA LOOK LIKE.
AND WE'RE NOT GONNA INVEST ADDITIONAL MONEY IN THE ARCHITECTURAL PLANS UNTIL THE DOCK APPROVAL BECAUSE WE'RE JUST CONTINUING TO SPEND MONEY.
UH, JUST SHARE WITH US AND THEN WE'LL DEAL WITH ANY QUESTIONS YOU HAVE AFTER.
WELL, YOU KNOW, I FEEL LIKE IT ADVERSELY AFFECTS THE PROPERTY OWNERS.
I FEEL IT ADVERSELY AFFECTS THE VALUE OF OUR PROPERTY ON WATERFRONT.
WE PAY THE HIGHEST TAXES IN MACK COUNTY FOR WATERFRONT PROPERTY.
YOU KNOW, I COULD UN AND I COULD UNDERSTAND, WELL, THERE'S OTHER HOUSES TO RENT.
YOU DON'T NECESSARILY HAVE TO LIVE THERE IN A TRAILER.
THERE'S HOUSES TO RENT IT IN C**K AND IN SURROUNDING AREAS.
AND SOME OF OUR NEIGHBORS, YOU KNOW, HAVE RENTAL PROPERTIES THAT COULD, UM, WITHOUT HAVING TO PUT A TRAILER THERE.
AND I'VE SEEN, I'VE SEEN AGAIN WITH FLOYD AND SANDY, THAT FIELD WHERE THAT PROPERTY IS, IS FLOODED.
I'VE, I'VE, I'VE WITNESSED IT MYSELF 'CAUSE I'VE BEEN THERE SINCE 1995.
AND WHEN THOSE STORMS COME IN, IT FLOODS THAT WHOLE END OF THAT PROPERTY CLOSEST TO THE CREEK.
AND I THINK WE HAVE, MARK, WOULD YOU GIVE US YOUR FULL NAME? MARK WALTZ.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH ON OUR MATTERS BEFORE US TODAY? YES.
WHAT WOULD YOU LIKE TO SHARE WITH SIMON MOM? UM, I'M FARTHER BACK ON JOINS LANE, UH, NOT WATERFRONT.
IF THEY WANNA PUT A TR TRAILER UP THERE, THAT'S FINE WITH ME.
UH, IF, IF YOU, IF THERE'S ANY QUESTIONS YOU, YOU HAVE, UH, THREE MINUTES THAT YOU CAN COME IN REBUT ANYTHING THAT WE ANSWER, UM, WITH THE HURRICANE TALK, IF THERE'S A HURRICANE COMING, WE ARE COURSE GOING TO HOOK UP OUR TRAILER, WHICH IS EASY ON THE TRUCK AND CERTAINLY GET IT OUT OF THERE IF THERE'S ANY MENTIONS OF A HURRICANE COMING TO VIRGINIA.
SO WE HAVE NO PLANS TO, WOULD STAY AT THAT LOCATION IF A HURRICANE IS COMING.
UM, AND AS PROPERTY VALUES, UH, WE JUST, YOU KNOW, WE'RE ASKING FOR 12 MONTHS TO START, BUT 16 MONTHS TOTAL.
UM, IF THAT'S GOING, I HOPE THAT WOULDN'T AFFECT, YOU KNOW, A PROPERTY IMMEDIATELY.
I DON'T KNOW HOW THAT WORKS, BUT, YOU KNOW, WE'RE LOOKING TO PUT A NICE HOME THERE AND I HOPE THAT WOULD THEN MAKE PROPERTY VALUES BETTER.
ARE THERE ANY OTHER QUESTIONS FROM ANYBODY ON JUST A, A, A COMMENT, YOU KNOW, AS I I SAID, YOU KNOW, THE, THE BZA, OUR JOB IS TO MAKE THINGS HAPPEN AND, AND, AND SO WE WELCOME YOU TO THE COUNTY AND TO, TO WORK HERE.
UH, THE CIRCUMSTANCES ARE THAT YOU, YOU PROPOSE LIVING IN A TRAILER AND THERE'S NO WELL OR SEPTUM.
AND SO THAT PRESENTS AN ISSUE, UM, WITH, WITH THAT.
UH, AND YOUR PROPOSED CONSTRUCTION IS PENDING THE APPROVAL OF THE DOCK.
[01:55:01]
AND YOU'RE COMMITTED TO TO THAT.BUT, UH, I LIKE TO SEE WHEN WE DO THIS, AT LEAST SOME SORT OF CONSTRUCTION BEGUN.
AND I REALIZE THAT, YOU KNOW, YOU, YOU'RE, YOU'RE PENDING THE DOCK AND THEN THERE'S A LOT OF OTHER MOVING PARTS IN THERE.
UH, UH, SO THERE, THERE ARE, UH, AND IT IS YOUR LOT, BUT THERE ARE TRAILER PARKS AND ALL THAT THAT ARE BETTER FOR FULL-TIME HA HABITATION THOUGH WE, WE'VE DEALT WITH THIS IN THE PAST FOR TEMPORARY, YOU KNOW, WEEKEND STUFF FOR CAMP HUNTING OR WHATEVER.
UH, SO THAT, THAT POSES THE ISSUE AND WITH THE INSTALLATION OF WELL AND SEPTIC AS A COMPONENT OF CONSTRUCTION, BUT, BUT PRIMARILY A FOUNDATION.
SO IT, IT, YOU KNOW, THESE, THE WELL WILL BE IN TWO WEEKS.
WE JUST WANTED TO MAKE SURE THIS PART GETS THROUGH AND THE ABUNDANT WILL DRILL THIS.
WE'RE LOOKING TO DO IN THE, WELL THE WELL AND SUBJECT BEFORE CONSTRUCTION OF THE HOME, BECAUSE IN OUR SITE, IF WE DO NOT PROCEED WITH THE DOCK AND WE THEREFORE DO NOT PROCEED WITH THE HOUSE, THE PROPERTY WILL STILL INCREASE IN VALUE OF THE WELD AND SEPTIC ON IT FOR THE NEXT, IT'S UNDER OUR IMPRESSION THAT THE DOCK WILL GET PERMITTED.
THEY'RE MADE AWARE THAT IT'S OUR RIGHT TO HAVE A DOCK.
SO WE WILL BE DOING THIS, BUT IT IF, IF I CAN IN, IN THE PAST WE HAVE, WE HAVE APPROVED THESE TYPES OF THINGS IN THE PAST WITH A, HEY, IN SIX MONTHS COME BACK AND GIVE US YOUR PROGRESS.
I DON'T KNOW IF THAT'S SOMETHING THAT YOU GUYS WANT TO DO NOW WITH THIS CASE, OR, BUT IT HAS, IT IS SOMETHING WE'VE DONE BEFORE.
I I, I, I KNOW, BUT, BUT WE'VE DEALT WITH THIS WHERE, WHERE IT'S BEEN TEMPORARY HABITATION AND NOT FULL-TIME HABITATION AND WITH, WELL, IN SEPTIC NOT SO MUCH, YOU KNOW, I I WOULD SAY WITH TEMPORARY HABITATION, IT'S USUALLY WHILE BUILDING A STRUCTURE MM-HMM
WHILE BUILDING, THAT'S NOT NECESSARILY BY DEFINITION OF WHAT'S GOING ON HERE, BUT THERE'S A BUILDING PLAN.
SO IT'S, IT IS A LITTLE DIFFERENT THAN WHAT WE NORMALLY SEE.
SO, AND, AND, AND YOU KNOW, THE, THE, THE, UM, WHAT WE WANT TO DO IS GET EVERYBODY OFF ON A GOOD START HERE WITH, YOU KNOW, NEIGHBORS AND ALL, AND, AND ALSO WITH THE YOU, YOU MAKE A VALID POINT THAT YOU COULD PULL UP ROOTS AND BUG OUT OF THERE IN THE EVENT OF A TIDE ISSUE.
IF YOU CAN FORECAST IT AND, AND SEE IT, YOU KNOW, OF COURSE THE ONE WE JUST HAD, I DON'T KNOW HOW FAR THE WATER GOT UP IN THERE ON YOU AND WE WERE GOOD.
UH, HURRICANE MICHAEL CAME UP WITHOUT ANY NOTICE.
SO, SO ANY ANYHOW, WE'RE, WELL, IF, IF, IF IT WAS DEFERRED FOR A MONTH OR TWO, THEY'RE NOT INTENDING TO START CONSTRUCTION ANYWAY TILL RIGHT.
BUT IF WE DEFER TECHNICALLY THEY SHOULDN'T BE IN THAT TRAILER ON THAT SPOT.
TECHNICALLY IT'S, IT'S TECHNICALLY IT'S A ZONING VIOLATION.
WELL, CAN IT, HOW ABOUT, HOW ABOUT SIX MONTHS PENDING? WELL, IN SEPTIC, THAT'S WHAT HE WOULD SUGGEST.
SO WE, SO I GUESS WE WOULD GIVE THEM THE, THAT'S, THAT'S A CONDITION WE COULD HAVE TO, SO WE WOULD SAY WE COULD GIVE THEM THE TEMPORARY PERMIT FOR SIX MONTHS IN, IN, IN, IN SIX MONTHS.
THEY GOTTA HAVE WELL, IN SEPTIC.
YEAH, WE CAN, WE CAN ADD THAT, YOU KNOW, BECAUSE, YOU KNOW, I DON'T, I DON'T KNOW IF YOU'RE, IF YOU'RE HAULING IT OR MOVING THE TRAILER TO DISPOSE OF YOUR WAIST, WE WROTE THAT DOWN, BUT I CAN MAKE SER PUMP THAT GOES INTO AN APPROVED, UM, UH, TANK, PUT THE BACK OF THE TRUCK STATE PARK.
ON IT'S UNDERNEATH THE PURPOSE.
SO JUST FREE HANDING THAT CONDITION.
I, I HAVE HERE THE APPLICANT SHALL PROVIDE THE COUNTY AN APPROVED WELL IN SEPTIC PLAN BY THE VIRGINIA DEPARTMENT OF HEALTH WITHIN INSTALLED, OH, EXCUSE ME.
SHALL HAVE AN INSTALLED INSTALLED.
[02:00:01]
SHALL INSTALL, SHALL INSTALL THE WELL S SIX MONTHS.YOU KNOW, WE, WE, WE WANT YOU TO LIVE HERE.
WE'RE GLAD YOU MOVED HERE AND WE'RE JUST TRYING TO WORK IT OUT WHERE WE CAN SO MAKE IT HAPPEN.
SO THE AMENDED PART IS THE APPLICANT SHALL INSTALL THE WELL IN SEPTIC WITHIN SIX MONTHS MM-HMM
AND BE CONNECTED THE RV CONNECTED TO IT.
SO THAT WOULD CHANGE OUR CONDITIONS FROM 10 TO 11, 12.
THAT'S WHAT I WAS OKAY, SO YOU'RE SAYING THAT THIS WOULD BE A TEMPORARY APPROVAL MM-HMM
AND THEY HAVE TO COME BACK AND IT HAVE TO COME BACK IN SIX MONTHS.
ARE WE READY TO MAKE A MOTION ON OKAY, IT'S JUST FOR, JUST FOR CLARITY FOR MYSELF.
SO WHEN WE ARE, WHEN WE'RE DOING THIS, THEY HAVE TO COME BACK IN SIX MONTHS AND SAY YES, IT'S INSTALLED AND CONNECTED.
THEY'LL, THEY'LL KNOW IF THEY'RE GOING TO LIVE THERE OR NOT BY THEN, ANYHOW.
ARE WE READY TO MAKE A MOTION? WE NEED TO CHANGE THE CONDITION TO YES.
I GUESS, I GUESS THE CONFUSION IS, YOU KNOW, IT'S GONNA BE 11, UH, SHOULD WE CHANGE CONDITION FIVE FOR ONE YEAR TO SIX MONTHS? SIX MONTHS? RIGHT.
AND I WOULD ADD THAT LANGUAGE RIGHT THERE.
AND THAT'S PRETTY TIGHT TIMELINE.
ALRIGHT, SO THAT WOULD END UP BEING THE APRIL BZ MM-HMM
AT THE MOMENT IT'S, WE ARE TAKING OUR WASTE AND TAKING IT OUT OF THE STATE OF VIRGINIA.
I MEAN, I THINK THAT RV JUST IS EVEN MORE CLEAN THAN HAVING A SEPTIC IN VIRGINIA.
RIGHT? WELL, IT, IT IS, BUT IT ISN'T IN THE EYES OF WHAT WE'RE LOOKING AT.
YOU KNOW, IT DOESN'T MATTER WHERE YOU HAUL IT, IT'S WELL, ARE YOU ADDING EVERYTHING IN FIVE OR IS FIVE AMEND AND WE HAVE, WE'RE BASICALLY CAMPING OUT 11TH I WOULD SAY I COULD, I CAN PROBABLY AMEND FIVE TO WHERE IT'LL ALL FIT, YOU KNOW.
WE'RE, WE'RE, WE DON'T WANT YOU CAMPING OUT.
IT'S, WE, WE WANT THAT TO STOP.
AND THEN, AND THEN WITH THE, WITH THE WELL IN SEPTIC AND YOU'RE CONNECTED AND THEN YOU GET STARTED ON THE CONSTRUCTION, THEN THAT'S ANOTHER CO COMPONENT.
AND THEN WHEN YOU GET THE HOUSE BUILT, THEN THE TRAILERS ARE NOT IN IT.
WILL YOU PUT THE MOTION BACK UP? WHAT WOULD I, WE JUST SAY THE REVISED CONDITIONS.
I MOVE THAT TO MACK COUNTY BOARD OF ZONING APPEALS APPROVE SUSE 0 0 0 1 5 0 20 26.
A SPECIAL USE PERMIT PURSUANT TO AKIMA COUNTY CODE SECTION 1 0 6 DASH 5 3 14 TO ALLOW FOR A TRAVEL TRAILER FOR HABITATION ON TAX PARCEL 91 DASH A DASH 18 FOUR B WITH THE REVISED 11 10 10 REVISED 10 10 CONDITIONS RECOMMENDED BY STAFF.
AND THIS IS MULTIPLE ACCESSORY STRUCTURES.
THIS IS AN AFTER THE FACT APPLICATION, SO THEY'RE ALREADY THERE.
UM, ALL THIS INFORMATION IS THE SAME.
ZONED AGRICULTURAL FUTURE LAND USE RECOMMENDATIONS.
AGRICULTURAL, UM, SAME, SAME ZONING.
UM, WHILE THERE IS RPA ON THE SITE, THE STRUCTURES ARE APPROXIMATELY THERE.
SO THEY'RE NOT IN THE RPA THEN THAT'S YOUR ACCESSORY STRUCTURE'S THERE.
AND OF COURSE THE ACCESS IN THE JOINTS LANE.
SO NOW INSTEAD OF DEALING WITH THIS, WE'RE DEALING WITH THE STUFF IN MAROON.
THERE IS IT'S, UH, TWO CONEX BOXES AND THEN AN AWNING OR A, A ROOF COVERING THAT JOINS THE TWO.
SO WE'RE DEALING WITH THREE, THREE STRUCTURES, OF COURSE, WE'RE SAME.
[02:05:01]
NOW WE'LL GET INTO CONSIDERATIONS FOR SPECIAL USE PERMITS.THIS IS FOR THE ACCESSORY STRUCTURES.
WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UM, NO ADVERSE IMPACT IS ANTICIPATED.
THIS IS A LARGE PARTIAL AND THE STRUCTURES ARE SHIELDED FROM VIEW.
UH, NUMBER TWO, UH, WHETHER OPPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES, UM, NO ADVERSE IMPACT WILL RESULT.
NUMBER THREE, PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UM, THE STRUCTURES, UH, WILL NOT FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, NUMBER FOUR, WHETHER PROPOSED USE WILL ADVERSELY IMPACT ENVIRONMENT OR SCENIC, HISTORIC AND WATERFRONT AREAS.
UM, WHILE IT IS NOT, WHILE THE STRUCTURES AREN'T CLOSE TO THE WATER, UM, THESE STRUCTURES WOULD HAVE TO MEET THE FLOODPLAIN REQUIREMENTS SO THEY CAN'T LIFT UP AND GO PLACES THAT THEY'RE NOT SUPPOSED TO GO.
UM, ADVERSELY IMPACTING PROPERTY RIGHTS AND VALUES.
UM, AN ACCESSORY STRUCTURE WITHOUT A PRIMARY COULD AFFECT PROPERTY VALUES OF ADJACENT, UM, PROPERTIES, BUT THESE STRUCTURES ARE, UM, SHIELDED FROM VIEW.
THERE IS SOME, UM, SOME TREE COVER WHETHER OR NOT LIKE IMMEDIATELY VISIBLE FROM JOINS LANE.
UM, NUMBER SIX, WHETHER PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
THIS USE WILL NEITHER HINDER NOR PROMOTE.
UH, NUMBER SEVEN, CONFORMANCE WITH GOOD ZONING PRACTICE.
UM, ACCESSORY STRUCTURES WITHOUT PRIMARIES 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, I SAY NO.
THIS REQUEST HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
UM, UTILITIES, UM, AS WE TALKED ABOUT IN THE PREVIOUS, UM, THERE IS NOT A WELL AND SEPTIC ON THIS PROPERTY AND THERE ARE UTILITIES FOR ELECTRIC ALONG JOINS LANE.
UM, TRANSPORTATION JOINS LANE, IT'S A PRIVATE STREET.
I WOULD CONSIDER IT AN AVERAGE CONDITION.
PROPERTY IS LOCATED IN A SPECIAL FLOOD HAZARD AREA AND THE ACCESSORY STRUCTURES WOULD NEED TO BE BROUGHT INTO COMPLIANCE WITH THE FLOODPLAIN ORDINANCE THAT IS, UM, BEING ANCHORED, FLOOD VENTS, THAT SORT OF THING.
SO THAT WOULD ALL HAVE TO BE DEALT WITH WITH AN AFTER THE FACT BUILDING PERMIT APPLICATION.
PUBLIC COMMENTS, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW.
AS A PREPARATION OF THE SLIDE DECK, WE DID HAVE, UH, A PUBLIC COMMENT AGAINST THIS SUP STAFF FINDINGS.
THE APPLICANT HAS PLACED THREE ACCESSORY STRUCTURES ON THE PROPERTY.
UH, THE PROPERTY DOES NOT HAVE A PRIMARY STRUCTURE AND REQUIRE SPECIAL USE PERMIT AND ACCESSORY STRUCTURES WITHOUT A PRIMARY COULD AFFECT PROPERTY VALUES OF ADJACENT OWNERS.
WITH THAT SAID, THE STAFF RECOMMENDS APPROVAL OF SUSE 1 51 20 26 IF THE BOARD OF ZONING APPEALS APPROVES THE SPECIAL USE PERMIT.
STAFF RECOMMENDS THE FOLLOWING CONDITIONS.
UM, 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 OF PLOT PLAN AS SUBMITTED, EXCEPT THAT IF ANY STRUCTURE IS IN THE RPA RPA IT MUST BE MOVED OUT.
WE HAVE SINCE DETERMINED THAT IT IS NOT IN THE RPA.
UH, NUMBER THREE, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE INSPECTIONS OF THE SITE UNTIL A CERTIFICATE OF COMPLETION IS ISSUED FOR THE ACCESSORY STRUCTURES.
NUMBER FOUR, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VDOT AND HEALTH DEPARTMENT REGULATIONS.
NUMBER FIVE, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE SPECIAL USE PERMIT IS ACTIVE.
UM, I'LL DO NUMBER SEVEN FIRST.
NUMBER SEVEN, THE APPLICANT SHALL COMPLY WITH THE RELEVANT FLOODPLAIN REGULATIONS.
NUMBER SIX, A VIOLATION OF ANY OF THESE CONDITIONS WILL RENDER THE SPECIAL USE PERMIT NU AND VOID.
THAT IS THE MOTION I CAN ANSWER ANY QUESTIONS YOU HAVE.
IF THEY, IF THE PRIMARY RESIDENCE IS COMPLETED, THEN THOSE ACCESSORY STRUCTURES BECOME A USE BY, RIGHT? CORRECT.
SO WOULD THEY, IF IF THAT'S COMPLETED AND WE'RE NOT HAPPY WITH TWO CONEX BOXES, THIS IS THE ONLY CHANCE TO MAKE THEM MOVE IT? YEAH, THAT'S CORRECT.
UH, THEY'D BE A USE BY RIGHT WHERE THEY ARE NOW.
THEY WOULD NOT BE WELL WHERE THEY ARE NOW, ASSUMING THE HOUSE WAS CONSTRUCTED, YES.
SO THEY WOULDN'T HAVE TO DO ANY OF THIS FULL PLAN, SO RIGHT.
THEY WOULDN'T HAVE, IF THERE WAS A HOUSE THERE, THEY WOULDN'T HAVE HAD TO DO ANY OF THIS AS FAR AS THE ACCESSORY RESTRAIN.
THEY STILL WOULD'VE HAD TO COME IN, APPLY FOR A BUILDING PERMIT, COMPLY WITH THE FLOODPLAIN REGULATIONS, BUT WE WOULD NOT HAVE HAD TO COME HERE.
WHAT, WHAT WILL BE REQUIRED TO COMPLY, ELEVATE, UM, FOR ACCESSORY STRUCTURES? MY UNDERSTANDING IS THEY HAVE
[02:10:01]
A COUPLE OPTIONS.ONE OF THEM IS ELEVATE, THE OTHER IS TO, UM, INSTALL FLOOD VENTS.
IT HAS TO BE ALSO ANCHOR, ANCHOR THE CONTAINERS AND THE STRUCTURES TO THE GROUND.
UM, AND I BELIEVE THAT'S IT, BUT WE'LL HANDLE ALL OF THAT DURING THE BUILDING PERMIT.
SORRY, IS THE THIRD STRUCTURE THE AWNING OR WAS IT THE TRAVEL TRAILER YOU MENTIONED? THE THIRD STRUCTURE IS THE AWNING.
UM, OKAY, SO THAT'S THE THIRD, THE ONE BETWEEN, YEAH.
SO THERE'S A, I MEAN, YOU SAW IT IN THE PHOTO, THERE'S LIKE A YEAH, NO, IT'S A RAIN COLOR.
IS THAT METAL OR CANVAS? IS THAT METAL? MY UNDERSTANDING IS IT'S CANVAS.
BECAUSE IT'S CONNECTED, IT'S NOT CONSIDERED ONE.
I DIDN'T WANT TO GO THAT ROUTE BECAUSE I AM THE, THE CONTAINERS ARE DEFINITELY SEPARATE AND I'M NOT SURE HOW THAT WOULD WORK BECAUSE I DON'T KNOW BUILDING PERMIT WISE IF THEY CAN BE CONNECTED THAT WAY.
SO IN EITHER CASE THEY'D HAVE TO DO FLOOD PLAIN REGARDLESS.
HOW FAR WOULD THEY HAVE TO ELEVATE? UM, SIX BFE? IT DEPENDS ON WHAT LOWEST ADJACENT GRADE IS.
SO FOR EXAMPLE, THERE, THERE IS A TWO FOOT FREEBOARD REQUIREMENT.
LET'S SAY THEY'RE FOUR FEET ABOVE.
THEY'RE FOUR FEET ABOVE A C LEVEL.
THEY'D HAVE TO ELEVATE FOUR FEET OR THEY COULD DO THE OTHER OPTION, WHICH IS IN FLOOD VENTS.
FLOOD VENTS, WHICH IS USUALLY IN ACCESSORY STRUCTURE SITUATIONS IS WHAT PEOPLE DO.
OR MOVE THEM OR MOVE THEM TO WHERE, TO WHERE IT'S NOT IN A FLOOD ZONE, BUT IF WE LOOK AT THE MAP, IT'S ALL IN A FLOOD ZONE.
SO THERE'S NOWHERE FOR THEM TO MOVE IT TO WHERE THEY WOULDN'T HAVE TO COMPLY WITH THE REGULATIONS.
DOES, DOES THE APPLICANTS HAVE ANYTHING ABOUT THESE CONTAINERS YOU WANT TO SHARE BEFORE WE MOVE ON? WELL JUST MENTION THAT WE SOLD OUR HOUSE IN DELAWARE IN 2022.
SO EVERYTHING FOR OUR FUTURE HOUSE IS IN THERE.
HAVE THEY BEEN THERE SINCE 2022? NO.
I WOULD COME UP, JUST SO THE MICROPHONE CAN PICK IT UP.
NO, WE'VE, UM, WE UTILIZED OUR MOTHER-IN-LAW'S WHOLE BARN FOR A WHILE AND THEN WE STARTED, AND SHE STILL HAS SOME STUFF UP THERE.
HOW LONG HAVE THEY BEEN ON THE PROPERTY? FOUR MONTHS.
AND, UM, THE AWNING IS FOR THE TRACTOR TO BUSH HOG OR LAND.
ANY OTHER QUESTIONS FOR THE APPLICANTS ON THAT? OKAY, THANK YOU.
I MOVE THAT ACK COUNTY BOARD DESIGN APPEALS APPROVED, SUSE DASH 0 0 0 1 5 1 DASH 2026, A SPECIAL USE PERMIT, OMA COUNTY CODE SECTION 1 0 6 DASH 5 3 27 FOR A USE OF LAND NOT SPECIFICALLY LISTED AS A USE, PERMITTED BY RIGHT OR SPECIAL EXCEPTION, SPECIAL USE.
AND THE AGRICULTURAL DISTRICT REGULATIONS, WHICH IS CLEARLY SIMILAR AND COMPATIBLE WITH THE USES LISTED THEREIN FOR TAX PARCEL 91 DASH A DASH 180 4 B WITH THE SEVEN CONDITIONS RECOMMENDED BY STAFF.
SO THAT IS THE LAST OF THE PUBLIC HEARINGS.
WE DO HAVE SEVEN BCA CASES FOR THE MONTH OF NOVEMBER.
JUST TO DO A QUICK RUN THROUGH.
WE HAVE A TEMPORARY HABITATION OF AN RV.
WE ACTUALLY HAVE TWO OF, WELL, WE HAVE THREE OF THOSE.
WELL, WE HAVE TWO TEMPORARY HABITATION OF AN RV, ONE RV JUST FOR HABITATION.
UH, TWO ACCESSORY STRUCTURES WITHOUT A PRIMARY.
AND, UM, WE HAVE ONE BASICALLY THE SAME APPLICATION THAT WAS DONE LAST MONTH WITH THE, UM, PEOPLE THAT WANTED TO TAKE THE PROPERTY ON, UM, UP THERE ON CHIN ROAD WHERE THEY WANTED TO HAVE THE OH, THE TOURISM ACT.
WE HAVE A SIMILAR ASK FROM THE SAME PEOPLE ON A DIFFERENT PIECE OF PROPERTY.
SO THAT'S GONNA MORE THAN LIKELY COME UP IN NOVEMBER.
AND THAT, IS THAT THE PROPERTY IN ASWA AND PINE NO.
IT'S, IT'S MY UNDERSTANDING, IT'S, THAT'S FINE.
SO THE TURN, WELL, I MEAN THE TURN YOU TAKE TO GO TO WOPS ISLAND.
[02:15:01]
IF YOU LOOK ON THE RIGHT, IT'S BACK KIND OF.MR. HUNT, DO YOU HAVE ANYTHING YOU NEED TO SHARE WITH US TODAY? THANK YOU.
PAM AND DEPUTY COUNTY ADMINISTRATOR COMMUNITY AND ECONOMIC DEVELOPMENT.
UM, JUST A FEW, UH, VERY BRIEF, UH, UPDATES FROM MY PERSPECTIVE.
NUMBER ONE, WE'VE HAD SOME STAFF CHANGES IN THE COMMUNITY AND ECONOMIC DEVELOPMENT.
FIRST OF ALL, I'D LIKE TO, UM, INTRODUCE, UH, DANIEL DAN GARGANNI.
HE'S BEEN SELECTED AS THE ENVIRONMENTAL PERMIT SPECIALIST.
HE, UM, HE GRADUATED, UH, IN 2001 FROM J SERGEANT REYNOLDS COMMUNITY COLLEGE WITH AN ASSOCIATE OF SCIENCE DEGREE WITH A SPECIALIZATION IN SCIENCE.
UM, HE SUBSEQUENTLY GRADUATED FROM VCU VIRGINIA COMMONWEALTH UNIVERSITY IN 2024 WITH A BACHELOR OF, UH, INTERDISCIPLINARY SCIENCE WITH A FOCUS ON ENVIRONMENTAL STUDIES.
HE MOST RECENTLY WORKED AS AN ENVIRONMENTAL COMPLIANCE COORDINATOR FOR DOMINION, VIRGINIA ENERGY, WHERE HE PERFORMED A VARIETY OF, UH, DATA GIS AND ENVIRONMENTAL COMPLIANCE DUTIES, UH, PARTICULARLY IN STORM WATER AND EROSION AND SEDIMENT CONTROL INSPECTIONS.
HE HOLDS A DUAL COMBINED EROSION SEDIMENT CONTROL AND STORMWATER MANAGEMENT INSPECTION, UH, INSPECTOR CERTIFICATION.
AND HE ALSO HOLDS A VIRGINIA WATERCRAFT LICENSE.
SO WE'RE VERY PLEASED THAT, UH, WE WERE FINALLY ABLE TO GET AT LEAST ONE PERSON IN ENVIRONMENTAL, UH, IN THE ENVIRONMENTAL PROGRAMS DIVISION OF OUR DEPARTMENT.
UM, THE OTHER ONE, UH, OH, AND HE STARTED AT THE BEGINNING OF SEPTEMBER.
SO HE'S BEEN HERE FOR JUST OVER A MONTH.
THE OTHER ONE I JUST WANTED TO, UM, UH, TO, UH, UH, STATE THAT GRACE WOODWORTH HAD IN OUR ECONOMIC DEVELOPMENT DIVISION, UH, HAS BEEN PROMOTED TO ADMIN OR ADMINISTRATIVE ASSISTANT TWO.
SO, UM, YOU KNOW, HER, HER WORK ETHIC OVER THE PAST COUPLE OF YEARS THAT SHE'S BEEN HERE.
SHE WAS HIRED IN OCTOBER OF 2024.
UH, SHE'S GAINED SOME TRAINING AND SOME ADDITIONAL KNOWLEDGE SINCE THEN, AND ALL THAT MERITED, UM, MERITED ACKNOWLEDGEMENT, SO WE JUST WANTED TO MAKE THOSE STAFF CHANGES.
UM, UH, UH, NO COUPLE OF OTHER THINGS.
THE COMPREHENSIVE PLAN IS STILL IN PROGRESS.
UH, THE BOARD OF SUPERVISORS AND THE PLANNING COMMISSION HAVE HELD ONE JOINT PUBLIC, UH, UH, WELL, PUBLIC INFORMATION SESSION PRIMARILY FOR THEIR OWN PURPOSES.
THAT WAS BACK IN AUGUST HERE IN JUST A FEW WEEKS.
ON OCTOBER 27TH, WHICH IS A TUESDAY, THEY'LL BE HOLDING THEIR SECOND, UH, WELL, TECHNICALLY THEIR THIRD.
BUT IN TERMS OF, UH, IN TERMS OF, UH, ACTUAL, UM, UH, ISSUES, THEY'RE GONNA BE TALKING ABOUT INFRASTRUCTURE AND PUBLIC FACILITIES.
SO, UH, THAT IS GOING TO BE A, UM, UH, UH, A VERY INFORMATION FILLED SESSION.
COMPREHENSIVE PLAN, AGAIN, WE ANTICIPATE BEING DONE IN THE AUGUST SEPTEMBER TIMEFRAME OF 2027.
THE PLANNING COMMISSION IS CONTINUING TO LOOK AT THE, UM, YOU KNOW, AT THE BOARD OF SUPERVISORS DIRECTION, THE DELETION OF THE, UH, UH, CHESAPEAKE ATLANTIC PRESERVATION AREA OVERLAY.
SO IF YOU ALL RECALL FROM A COUPLE MONTHS AGO, BACK IN JUNE, THE BOARD OF SUPERVISORS ESSENTIALLY DELETED CHES BAY REQUIREMENTS THAT THE COUNTY HAD APPLIED IN THE, UH, ON, ON THE SEA SIDE.
AND THAT WAS DONE BACK IN 2009.
SO THE DIRECTION AT THAT POINT, UM, IN JULY OF THIS YEAR WAS FOR THE PLANNING COMMISSION TO, UH, UH, TO TAKE A LOOK AT THE EFFECT OF THAT DELETION.
RIGHT NOW WE'RE IN A PUBLIC, A 30 DAY PUBLIC COMMENT PERIOD, WHICH STARTED ON OCTOBER 1ST.
WE'VE ACTUALLY RECEIVED THREE COMMENTS FROM THE PUBLIC SO FAR, BUT, UM, WE ANTICIPATE THE BOARD OF, UH, SORRY, THE PLANNING COMMISSION HAVING, UH, PRESENTATIONS MADE BY DEQ ON STORMWATER AND EROSION SEDIMENT CONTROL, AS WELL AS CHESAPEAKE BAY.
UM, THE CHESAPEAKE BAY PROGRAM, AND THE REQUIREMENTS ON NOVEMBER 12TH, WHICH IS A THURSDAY, INCIDENTALLY, THE SECOND WEDNESDAY OF THE MONTH, WHICH IS WHEN THE PLANNING COMMISSION NORMALLY MEETS, IS VETERAN'S DAY THIS YEAR.
SO, UH, THEY WILL BE MEETING THE THURSDAY, UH, IMMEDIATELY FOLLOWING ON THE, ON NOVEMBER 12TH.
SO, UH, WITH THAT BEING SAID, THAT CONCLUDES MY, UH, REMARKS AND I CAN TRY TO FIELD ANY QUESTIONS AT THIS TIME.
GOT A QUESTION FOR YES, MA'AM.
IN THE MINUTES FOR SEPTEMBER THAT WAS MENTIONED, UM, THAT YOU HAD TWO ENVIRONMENTAL STAFF, PEOPLE STARTING IN DANIEL'S,
[02:20:01]
ONE OF 'EM, AND THE OTHER ONE, THE OTHER ONE, UM, THE OTHER ONE DECLINED.THE, THE OFFER, ACTUALLY, HE ACCEPTED THE OFFER AND THEN, UH, UH, CITED SOME, UH, UM, UH, WE'LL SAY SOME, UH, SOME FAMILY AND TRAVEL COMMITMENTS THAT THEY COULDN'T ACCEPT IT IMMEDIATELY.
SO, UH, THAT IT WAS THE REASON WHY WE HIRED ONE.
IF WE HAVE NO OTHER MATTER, DO WE HAVE A MOTION TO ADJOURN? I MOVE.
ALL IN FAVOR? AYE, THE MEETING IS ADJOURNED.