Jul 23, 2026 Board of Zoning Appeals

[00:00:02]

NEW GAVEL THIS MORNING, SO I'M GONNA USE MY KNUCKLES. OF COURSE.

JUST AS WELL, I GUESS. GOOD MORNING, AND WELCOME TO TODAY'S MEETING OF THE HENRICO COUNTY BOARD OF ZONING APPEALS.

AND TODAY IS THURSDAY, JULY 23RD, 2026. FOR THOSE WHO ARE ABLE, PLEASE STAND AND JOIN US IN THE PLEDGE OF ALLEGIANCE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

AT THIS TIME, MR. BLANKENSHIP WILL READ OUR RULES.

GOOD MORNING, MR. CHAIR. MEMBERS OF THE BOARD. GOOD MORNING.

THOSE OF YOU JOINING US IN THE MEETING ROOM THIS MORNING.

I'D ALSO LIKE TO WELCOME THOSE WHO ARE JOINING US REMOTELY ON WEBEX IF YOU WISH TO OBSERVE THE MEETING.

BUT YOU DO NOT INTEND TO SPEAK. WELCOME AND THANK YOU FOR JOINING US.

FOR THOSE OF YOU ON WEBEX WHO WOULD LIKE TO SPEAK, WE NEED TO KNOW THAT IN ADVANCE SO WE CAN CONNECT YOU WITH THE APPROPRIATE TIME.

SO IF YOU ARE AN APPLICANT OR IF YOU HAVE QUESTIONS OR COMMENTS ON ONE OF THE CASES, PLEASE PRESS THE CHAT BUTTON.

NOW IT'S IN THE BOTTOM RIGHT CORNER OF YOUR SCREEN.

AND WHEN THE CHAT WINDOW OPENS, PLEASE SELECT JANAYA PORCH FROM THE LIST OF PARTICIPANTS AND LET HER KNOW YOUR NAME AND WHICH CASE YOU'RE INTERESTED IN.

THE CHAT FEATURE WILL ONLY BE USED TO IDENTIFY SPEAKERS, SO PLEASE DO NOT TYPE QUESTIONS OR COMMENTS INTO THE CHAT, BUT PLEASE SEND A CHAT TO JANAYA PORCH NOW. SO THOSE OF US WHO ARE IN THE ROOM AS SECRETARY, I WILL CALL EACH CASE. AND AT THAT TIME WE WILL ASK EVERYONE WHO INTENDS TO SPEAK TO THAT CASE TO STAND AND BE SWORN IN.

THEN, FOR THE CONDITIONAL USE PERMITS AND VARIANCES, A MEMBER OF THE PLANNING DEPARTMENT STAFF WILL GIVE A BRIEF PRESENTATION AND THEN THE APPLICANT WILL PRESENT THEIR CASE. THEN ANYONE ELSE WHO WISHES TO SPEAK IN FAVOR OR OPPOSITION WILL BE GIVEN AN OPPORTUNITY.

WE'LL HEAR FROM CITIZENS IN THE ROOM FIRST AND THEN FROM THOSE ON WEBEX.

AND AFTER EVERYONE HAS HAD A CHANCE TO SPEAK, THE APPLICANT AND ONLY THE APPLICANT WILL HAVE AN OPPORTUNITY FOR REBUTTAL.

WE ALSO HAVE ONE APPEAL ON THE AGENDA THIS MORNING.

AND FOR THAT CASE, THE PROCESS IS A LITTLE DIFFERENT.

FOR THAT CASE. AN ASSISTANT COUNTY ATTORNEY WILL SPEAK ON BEHALF OF THE PLANNING DIRECTOR, AND THEN THE APPELLANT WILL PRESENT THEIR CASE.

AND EACH SIDE WILL HAVE A LIMIT OF TEN MINUTES.

THEN ANYONE ELSE WHO WISHES TO SPEAK WILL BE GIVEN THE OPPORTUNITY.

WITH A TIME LIMIT OF THREE MINUTES EACH. AND AGAIN, WE WILL HEAR FROM PEOPLE IN THE ROOM FIRST AND THEN FROM THOSE ON WEAPONS.

THIS MEETING IS BEING VIDEO RECORDED AND WE WILL BE TRANSCRIBING MINUTES.

SO FOR THOSE IN THE ROOM, WE WILL ASK YOU TO SPEAK DIRECTLY INTO THE MICROPHONE ON THE PODIUM THERE.

WE'LL ASK YOU TO STATE YOUR NAME AND PLEASE SPELL YOUR LAST NAME SO WE GET IT CORRECTLY IN THE RECORD.

AND OF COURSE, ONCE YOUR CASE IS OVER, YOU'RE FREE TO LEAVE.

THERE'S NO NEED FOR YOU TO STAY UNTIL THE REST OF THE MEETING. WE DO HAVE ALL FIVE MEMBERS PRESENT.

WE HAVE ONE CASE THAT HAS BEEN WITHDRAWN AND ONE CASE THAT HAS REQUESTED DEFERRAL.

SO LET ME ANNOUNCE THE WITHDRAWAL FIRST. THAT'S CONDITIONAL USE PERMIT.

[1. CUP-2026-101004 Withdrawn CUP-2026-101471 Tuckahoe David Landrum: conditional use permit to build a detached accessory dwelling unit at 8119 Strath Road, Presquile, Varina. Parcel 816-685-6498. Zoning: A-1, Agricultural District. Code Section: 24-4406.]

THAT CASE HAS BEEN WITHDRAWN, SO IF ANYBODY IS HERE FOR THAT CASE, IT WILL NOT BE HEARD THIS MORNING.

[2. VAR-2026-101507 William Shewmake for Kenneth McIntyre: variance from the side yard setback to build an addition at 5364 Springfield Road, Summerberry, Brookland. The applicant has 3 feet side yard setback where the Zoning Ordinance requires 12 feet side yard setback. The applicant requests a variance of 9 feet side yard setback. Parcel 757-770-1424. Zoning: R-3C, One-Family Residence District (Conditional). Code Section: 24-3309.D. Brookland ]

WILLIAM SHOEMAKE FOR KENNETH MCINTYRE. VARIANCE FROM THE SIDE YARD SETBACK TO BUILD AN ADDITION AT 5364 SPRINGFIELD ROAD.

IN SUMMARY IN THE BROOKLYN MAGISTERIAL DISTRICT.

IS THERE ANYONE HERE THIS MORNING TO REQUEST? OKAY, MR. SHOEMAKE, IF YOU COME ON UP AND JUST IDENTIFY YOURSELF AND LET THE BOARD KNOW WHY YOU'RE REQUESTING.

YES. GOOD MORNING. MY NAME IS WILLIAM SHOEMAKER, SHEWMAKE.

I'M AN ATTORNEY WITH WOODES ROGERS, AND I'M REPRESENTING KEN MCINTYRE, WHO HAD REQUESTED THIS VARIANCE BECAUSE HE NEEDS HIS ELDERLY PARENTS TO MOVE IN, AND HE NEEDS TO HAVE A FIRST FLOOR, ADA COMPLIANT BEDROOM AND SUITE.

AS PART OF THE STAFF REPORT MR. GIDLEY HAD IDENTIFIED THAT THERE WAS SOME DOCUMENT IN THE RECORDS INDICATING THERE WERE RESTRICTIVE COVENANTS WE WERE UNAWARE OF.

IT WASN'T IN HIS PACKET. I WENT DOWN TO THE TO THE RECORD ROOM.

IT APPEARS THAT THE EXHIBIT REFERRING TO THE, THE WHAT PROPERTIES IT APPLIES TO WAS NOT ATTACHED TO THAT DOCUMENT.

I'M ASKING THIS JUST CAME UP IN THE LAST MINUTE.

I'M ASKING FOR A SHORT DEFERRAL TO, TO DETERMINE THE STATUS OF THAT DOCUMENT.

IT ALSO REFERS TO AN ARCHITECTURAL REVIEW COMMITTEE.

SO WE'RE ASKING FOR A SHORT DEFERRAL. SO I CAN CLEAR UP THE THE ISSUE ABOUT THE RESTRICTIVE COVENANT, WHICH MIGHT HAVE AN IMPACT ON THE CASE. SO THAT'S WHY WE'RE ASKING FOR A ONE MONTH DEFERRAL.

THANK YOU. I'D BE GLAD TO ANSWER ANY QUESTIONS ON THAT.

ANY QUESTIONS FOR MR. SCHMIDT? YES. YES, SIR.

[00:05:04]

OKAY. HAVING HEARD THAT, I'M GOING TO MAKE A MOTION.

DO YOU WANT TO ASK IF THERE'S ANYONE. OH, YES. IS THERE ANYONE IN THE ROOM THAT WISHES TO SPEAK TO THE DEFERRAL? PRO OR CON OR ON WEBEX? THERE'S NO ONE ON WEBEX FOR THIS CASE.

OKAY. THANK YOU, MR. BLANKENSHIP. HEARING NONE, I'M GOING TO MOVE THAT WE DEFER THIS REQUEST TO AUGUST 27TH AT THE REQUEST OF THE APPLICANT TO ALLOW THE APPLICANT ADDITIONAL TIME TO RESEARCH THIS NEW INFORMATION THAT THEY'VE DISCOVERED AND BRING IT BACK TO US. IS THERE A SECOND TO THAT MOTION? SECOND.

OKAY. WE HAVE A MOTION BY THE CHAIRMAN, MR. LAWRENCE, SECONDED BY VICE CHAIR, MR. BROADWAY. ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? HEARING NONE. THE MOTION CARRIES. THANK YOU, MR. CHAIRMAN. MEMBERS OF THE BOARD. THANK YOU. FORWARD TO AUGUST 27TH.

THANK YOU. MR. CHAIR. ARE YOU READY TO BEGIN? YES. IF YOU COULD CALL OUR NEXT CASE, MR. BLANKENSHIP.

THAT'LL BE CONDITIONAL USE PERMIT 2026, NUMBER 101036.

[3. CUP-2026-101036 Fairfield Lisa Beasley: conditional use permit to allow short-term rental of a dwelling at 348 Azalea Avenue, Fairfield. Parcel 791-744-3978. Zoning: A-1, Agricultural District. Code Section: 24-4431.A.]

FOR EVERYONE WHO INTENDS TO SPEAK TO THIS CASE, PLEASE STAND AND BE SWORN IN. RAISE YOUR RIGHT HAND, PLEASE.

DO YOU SWEAR THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD. THANK YOU, MR. GOODLING.

THANK YOU, MR. SECRETARY. GOOD MORNING, MR. CHAIRMAN.

MEMBERS OF THE BOARD. THE SUBJECT PROPERTY, AS YOU CAN SEE HERE, IS LOCATED ON THE NORTH SIDE OF AZALEA AVENUE.

IT BACKS UP TO THE BALL FIELDS AT HENRICO HIGH SCHOOL AS WELL.

THE PROPERTY CONTAINS A THREE BEDROOM, 1114 SQUARE FOOT HOME.

THE OWNER WOULD LIKE TO OFFER THE HOME FOR A SHORT TERM RENTAL, AND IT WOULD BE FOR UP TO 154 DAYS PER YEAR.

THESE WOULD BE UNHOSTED STAYS WHERE THE APPLICANT IS NOT PRESENT DURING THE RENTAL.

ALL THREE BEDROOMS WOULD BE AVAILABLE FOR RENT, ALLOWING FOR A MAXIMUM OF SIX RENTERS TO STAY IN THE HOME AT ANY ONE TIME.

A CONDITIONAL USE PERMIT IS NEEDED FOR TWO REASONS.

FIRST, THE RENTALS COULD EXCEED 60 NIGHTS PER YEAR, ALONG WITH THE UNHOSTED NATURE OF THE STAYS.

FOR THOSE TWO REASONS, A CONDITIONAL USE PERMIT ISN'T NECESSARY.

IN REVIEWING THIS REQUEST, THERE ARE A NUMBER OF POSITIVE ASPECTS TO THIS LOCATION.

IT IS NOT LOCATED IN AN ACTUAL SUBDIVISION, SO THERE IS NO HOA.

IT HAS DIRECT ACCESS OFF OF AZALEA AVENUE, SO THERE'S NO NEED FOR GUESTS TO DRIVE THROUGH ANY NEIGHBORHOODS.

AS YOU CAN SEE HERE, THE APPLICANT HAS A LONG DRIVEWAY THAT CAN ACCOMMODATE UP TO THREE CARS.

AND THIS IS A PICTURE OF THE BACKYARD HERE. AS YOU CAN SEE, THE TWO SIDE NEIGHBORS, EACH SIDE NEIGHBOR HAS A VINYL PRIVACY FENCE AGAINST THEM AND THEN BACK AGAINST THE HIGH SCHOOL. THERE'S A CHAIN LINK FENCE ALONG WITH A BUNCH OF VEGETATION.

SO THIS ALL HELPS TO ENSURE THE PRIVACY OF THE ABUTTING PROPERTIES.

SINCE THE APPLICANT COULD RENT IT OUT FOR ALMOST HALF THE YEAR.

SHE SHOULD MAKE CLEAR WHAT ARRANGEMENTS ARE AVAILABLE WHEN SHE'S GONE OR NOT PRESENT DURING THE RENTALS, BUT OTHERWISE, STAFF BELIEVES THIS IS A GOOD CASE AND CAN RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS IN YOUR STAFF REPORT.

IF YOU HAVE ANY QUESTIONS, I'LL BE HAPPY TO ANSWER THOSE.

THANK YOU. THANK YOU, MR. GOODLEY. DOES ANYONE FROM THE BOARD HAVE ANY QUESTIONS AT THIS TIME FOR MR. GOODLEY QUESTIONS? OKAY. HEARING NONE, THEN WE WILL HEAR FROM THE APPLICANT.

MR.. EASILY. YOU CAN COME TO THE PODIUM, PLEASE.

THANK YOU. THANK YOU. SHE'S GOING TO USE THE.

WE USUALLY HAVE TWO PODIUMS. THIS IS NOT OUR NORMAL MEETING ROOM. THANK YOU.

GOOD MORNING. MY NAME IS LISA BEASLEY. BEASLEY.

RESIDE AT 348 AZALEA AVENUE. AND I'M JUST ASKING FOR THIS CONTINUED PERMIT BECAUSE I'M IN THE MILITARY AND IT'S A LOT OF TIMES I'M NOT THERE. AND IN THE PAST WE HAVE PEACE. PEOPLE FROM THE RACES THAT COME AND THEY USED TO PARK THEIR RVS IN MY HOME.

AND I WAS LIKE, YOU KNOW, LET ME RENT THIS OUT BECAUSE I'M THERE.

I'M NOT THERE A LOT OF TIMES ANYWAY. SO THAT'S WHY I DECIDED TO DO THAT.

THANK YOU, MISS BEASLEY. YOU'RE WELCOME. THANKS FOR YOUR SUPPORT.

[00:10:05]

OKAY. HEARING NONE, WE'LL ENTERTAIN COMMENTS FROM THE PUBLIC.

IF THERE'S ANYONE HERE THAT WISHES TO SPEAK HERE ON OUR WEBEX IN SUPPORT OF THE CASE, IN ADDITION TO THE APPLICANT.

HEARING NONE, IS THERE ANYONE THAT WISHES TO SPEAK IN OPPOSITION TO THE CASE? THERE'S NO ONE ON WEBEX FOR THIS CASE. OKAY. HEARING NONE.

THEN WE WILL SEE IF THE BOARD HAS ANY FURTHER DISCUSSION.

AND IF NOT MR. MASSEY YOU CAN ENTERTAIN A MOTION IF YOU'D LIKE.

I BELIEVE THAT WE APPROVE THIS CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RECOMMENDED BY THE STAFF.

IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND ZONING ORDINANCE.

PROPERTY IS SUITABLE FOR SHORT TERM RENTALS. THE PRIVACY FENCE WILL MITIGATE ANY NEGATIVE IMPACTS.

OKAY. OKAY. MOTION BY MR. MASSIE. A SECOND BY MR. GARIN. ALL IN FAVOR OF THE MOTION, SAY AYE. IS THERE ANYONE OPPOSED? HEARING NONE. THE MOTION CARRIES. AND THIS CONDITIONAL USE PERMIT IS APPROVED.

OKAY. THANK YOU, SIR. THANK YOU, MR. BEASLEY.

ALL RIGHT. NEXT CASE IS CONDITIONAL USE PERMIT 2026 NUMBER 101217.

[4. CUP-2026-101217 Fairfield Grady Hendrix: conditional use permit to build a storage building in the side yard at 2102 Boxwood Place, Lakewood Estates, Fairfield. Parcel 778-754-9609. Zoning: R-2, One-Family Residence District. Code Section: 24-4404.A.1. ]

RAISE YOUR RIGHT HAND, PLEASE. DO YOU SWEAR THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD. THANK YOU, MR. RASMUSSEN. THANK YOU, MR. SECRETARY. SUBJECT PROPERTY IS LOCATED BETWEEN WOODMAN ROAD AND LAKESIDE PARK GOLF COURSE.

THE LAKEWOOD ESTATES SUBDIVISION WAS DEVELOPED IN 1962 AND THE DWELLING WAS BUILT THE NEXT YEAR.

THE APPLICANTS HAVE OWNED THE PROPERTY SINCE 1999.

THE PROPERTY INCLUDES A 2537 SQUARE FOOT HOUSE WITH AN ATTACHED GARAGE.

THE BACK LOT SLOPES DOWN TO NORTH RUN. THE REAR LOT LINE IS 20FT LOWER THAN THE BACK OF THE HOUSE.

BECAUSE OF THIS, THE. THE APPLICANT WOULD LIKE TO PLACE A TEN BY 18 FOOT STORAGE BUILDING ON THE PROPERTY IN THE SIDE YARD BECAUSE OF THE STEEP STEEP SLOPE AND THE REAR YARD IS MAJORITY FLOODPLAIN.

THE STRUCTURE WILL BE LOCATED TEN FEET FROM THE DWELLING AND APPROXIMATELY TEN FEET FROM THE SIDE LOT LINE. BECAUSE THE PROPERTY IS ON A CUL DE SAC. THE PROPOSED LOCATION WILL APPEAR TO BE IN THE REAR YARD OF THE ADJOINING LOT.

MANY OF THE HOUSES IN LAKEWOOD ESTATES HAVE ACCESSORY BUILDINGS. THE PROPOSED BUILDING WOULD BE ALLOWED BY RIGHT IN THE REAR YARD, BUT BECAUSE OF THE FLOODPLAIN AND THE SLOPE, THE BEST OPTION FOR THE FOR THE STRUCTURE IS IN THE SIDE YARD.

THE BUILDING WOULD HAVE LESS IMPACT IN THE PROPOSED LOCATION THAN IT WOULD IN THE REAR YARD, BECAUSE THE FLOODPLAIN AND THE EXISTING VEGETATION.

THESE REASONS. STAFF RECOMMENDS APPROVAL SUBJECT TO CONDITIONS IN THE STAFF REPORT AND I CAN ANSWER ANY QUESTIONS.

THANK YOU, MISS ROZMUS. DOES ANYONE FROM THE BOARD HAVE QUESTIONS? MISS ROZMUS ON THIS CASE? OKAY. HEARING NONE, WE WILL THEN HEAR FROM THE APPLICANT.

MR. HENDRIX.

THANK YOU, MR. CHAIRMAN. MEMBERS OF THE BOARD.

I'M GRADY HENDRIX. HENDRIX. MY WIFE AND I OWN THE PROPERTY AT 2102 BOXWOOD PLACE.

WE'VE ASKED FOR A CONDITIONAL USE PERMIT TO PUT A TEN BY 18 PRE-BUILT SHED AT THE END OF OUR DRIVEWAY, WHICH IS BESIDE THE HOUSE BECAUSE OF THE CONDITIONS IN THE BACK OF THE HOUSE, IS NOT VERY FAVORABLE TO PUTTING A SHED BECAUSE OF THE SLOPE AND THE FLOODPLAIN AND ALSO THE CONVENIENCE OF GETTING TO IT.

MY WIFE HAS SOME DISABILITIES, AND WE'RE BOTH AGING IN PLACE AND WOULD LIKE TO BE ABLE TO GET SOME STUFF THAT'S IN THE BASEMENT AND SOME STUFF THAT'S IN THE ATTIC THAT NOT VERY ACCESSIBLE SAFELY TO PUT IN THE SHED.

SO IT WILL BE ON THE SAME LEVEL AS THE, AS THE FLOOR PLAN, THE HOUSE.

SO WE'LL BE ABLE TO ACCESS IT MUCH MORE EASIER.

AND WE APPRECIATE YOUR CONSIDERATION OF THIS.

IF YOU HAVE ANY QUESTIONS, I'LL BE GLAD TO TRY TO ANSWER.

THANK YOU, MR. HENDRICKS. IS THERE ANYONE FROM THE BOARD HAVE ANY QUESTIONS FOR MR. HENDRICKS? HEARING NONE. WE'LL SEE AT THIS TIME IF THERE'S ANYONE IN THE AUDIENCE OR ON WEBEX THAT WISHES TO SPEAK IN SUPPORT OF THE CASE.

SUPPORT OF THE CASE, OR IN OPPOSITION TO THE CASE?

[00:15:03]

MY NAME IS BLAKE FREEMAN. FREEMAN. I RESIDE IN THE HOUSE DIRECTLY TO THE LEFT OF MR. HENDRICKS HOUSE. OUR KITCHEN WINDOW LOOKS RIGHT OVER ON THIS PROPERTY WHERE THE SHED IS GOING TO BE.

AND I JUST WANTED TO STATE, WE HAVE ABSOLUTELY NO OBJECTION TO IT WHATSOEVER.

THANK YOU SIR. THANK YOU FOR COMING OUT THIS MORNING.

APPRECIATE YOU TAKING THE TIME. ANYONE ELSE WISH TO SPEAK IN SUPPORT OF THE CASE? HOW ABOUT IN OPPOSITION? ANY OPPOSITION TO CASE, EITHER IN THE AUDIENCE OR ON WEBEX? THERE'S NO ONE ON WEBEX FOR THIS CASE. OKAY. HEARING NONE.

ANY FURTHER QUESTIONS OR DISCUSSION BY THE BOARD? DON'T HEAR ANY. SO WE'LL ASK MR. MASSEY IF YOU'D LIKE TO MAKE A MOTION.

AT THIS POINT, I MOVE THAT WE APPROVE THIS CONDITIONAL USE PERMIT, SUBJECT TO THE CONDITIONS RECOMMENDED BY THE STAFF.

IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE.

THE STEEP SLOPE MAKES THE REAR YARD LOCATION DIFFICULT.

THE PROPOSED BUILDING WILL BE IN LINE WITH THE HOUSE NEXT DOOR.

WE HAVE A MOTION FROM MR. MORSI. IS THERE A SECOND? SECOND BY MR. JOHNSON? ALL IN FAVOR OF THE MOTION, SAY AYE.

AYE AYE. ALL OPPOSED? HEARING NONE. THE MOTION CARRIES.

THE CONDITIONAL USE PERMIT IS APPROVED. THANK YOU.

I JUST HAVE ONE QUESTION FOR YOU, MR. HENDRIX. JUST OUT OF CURIOSITY, DO YOU PLAY GUITAR? NO.

YOU HAVE TO GO BACK PRETTY FAR BEFORE I HAVE ANY KINFOLKS THAT DID.

NO RELATION TO JIMI. GO BACK FAR ENOUGH. IT IS FILLED WITH THE EGGS.

YEAH. THANK YOU, SIR. THANK YOU. ALL RIGHT. OUR NEXT CASE IS CONDITIONAL USE PERMIT.

[5. CUP-2026-101278 Tuckahoe Kien Tran: conditional use permit to build a detached garage in the side yard at 2301 Chowning Place, Chowning Place, Tuckahoe. Parcel 761-751-6504. Zoning: R-3, One-Family Residence District. Code Section: 24-4404.A.1. ]

MR. TRAN IS JOINING US ON WEBEX. IS THERE ANYONE ELSE IN THE ROOM WHO INTENDS TO SPEAK TO THIS CASE? PLEASE STAND AND BE SWORN IN. ALL RIGHT. MR. ROZMUS.

THE SUBJECT PROPERTY IS LOCATED NORTHEAST OF THE INTERSECTION OF HUNGRY SPRING AND SKIPWITH ROADS.

CHARMING PLACE WAS DEVELOPED IN 1980, AND THE DWELLING WAS BUILT IN 1982.

THE APPLICANT HAS OWNED IT SINCE 1998. THE TWO STORY, 2016 SQUARE FOOT HOUSE HAS A LARGE CONCRETE DRIVEWAY AND A 15 BY 32 FOOT CAR PORT, PLUS A SMALL STORAGE BUILDING IN THE REAR YARD.

THE GARAGE WILL BE LOCATED IN THE SIDE YARD TO THE EAST.

THE LEFT SIDE OF THE PROPERTY. IT MUST BE LOCATED AT LEAST 35FT FROM THE RIGHT OF WAY OF CHOWNING PLACE, 20FT FROM THE SOUTHERN LOT LINE. THE RIGHT OF WAY OF HUNGARY SPRING ROAD AND FIVE FEET FROM THE EASTERN LOT LINE ADJOINING 23 CHOWNING PLACE AND TEN FEET FROM THE DWELLING.

THE SUBDIVISION PLAT SHOWS AN EASEMENT. ALONG THE WESTERN AND SOUTHERN LOT LINES, GIVING THE LOCATION OF THE HOUSE AND DECK.

THERE'S NO ROOM FOR A GARAGE IN THE REAR YARD.

IF A GARAGE IS NECESSARY. THE SIDE YARD IS THE ONLY LOCATION WHERE IT WILL FIT.

A CONCEPT PLAN SHOWING THE GARAGE MEASURING 24 BY 40FT.

WHICH IS THE SAME FOOTPRINT AS THE DWELLING. WHILE MANY OF THE PROPERTIES IN CHARMING PLACE INCLUDE DETACHED BUILDINGS, NONE ARE LARGER THAN 20 BY 22FT. TO ENSURE THE BUILDING IS SUBORDINATE TO THE DWELLING AND COMPATIBLE WITH THE NEIGHBORHOOD, STAFF RECOMMENDS REDUCING THE SIZE TO 24 BY 24FT.

A STANDARD TWO CAR GARAGE AND PLACING THE BUILDING AS FAR AS POSSIBLE FROM THE NEIGHBORING LOT.

IF THE BOARD FINDS AFTER THE PUBLIC HEARING, THAT THE PROPOSED BUILDING WOULD HAVE NO DETRIMENTAL IMPACT ON NEARBY PROPERTY, STAFF RECOMMENDS APPROVAL SUBJECT TO THE CONDITIONS AND STAFF REPORT AND I CAN ANSWER ANY QUESTIONS.

THANK YOU, MISS RASMUS. DOES ANYONE HAVE ANY QUESTIONS? MISS RASMUS, DO YOU HAVE ANY QUESTIONS, MR. BROADWAY, AT THIS POINT? NONE AT THIS POINT. OKAY. I DID HAVE A QUESTION OR TWO.

FIRST OF ALL, I WANTED TO THANK YOU, MISS RASMUS, FOR SOLVING A MYSTERY FOR ME.

I'VE DRIVEN BY THIS PROPERTY FOR YEARS AND ALWAYS WONDERED HOW YOU ACCESSED IT.

BECAUSE IF I'M NOT MISTAKEN, THERE'S A A PRIVACY FENCE THAT SURROUNDS THE PROPERTY.

SO NOW I KNOW THERE'S A SUBDIVISION BEHIND IT.

I DON'T THINK I'VE EVER BEEN BACK IN THERE BEFORE, SO NOW I KNOW HOW IT'S ACCESSED.

THE QUESTION I HAD WAS SECTION FOUR OF THE STAFF EVALUATION STATES THAT COMMUNITY MAINTENANCE RECEIVED 12 COMPLAINTS BETWEEN 2006 AND 2017. BUT THEN IT GOES ON TO SAY THAT A COMPLAINT WAS RECEIVED IN APRIL 2026.

SO I WAS WONDERING IF YOU COULD CLARIFY THE NUMBERS AND THE TIME FRAME OF THE COMPLAINTS. IS THAT AN ADDITIONAL COMPLAINT TO THE ONES THAT WERE RECEIVED BETWEEN ZERO SIX AND 17,

[00:20:02]

YEAH, THAT IS CORRECT. THERE WERE NO COMPLAINTS BETWEEN 2017 AND 2026.

AND THEN THERE WAS A NEW COMPLAINT IN 2026. OKAY.

AND THE PROPERTY IS ENTIRELY SURROUNDED BY A PRIVACY FENCE.

IS THAT CORRECT? YES. YEAH. OKAY. ALL RIGHT. YEAH.

THANK YOU. OKAY. THAT'S ALL I HAD. THANK YOU.

UNLESS ANYONE ELSE ON THE BOARD HAS A QUESTION. WE WILL GO AHEAD AND HEAR FROM THE APPLICANT.

AND THAT IS. IS IT MR. TRUMP? YES. KENTRON. WHO IS ON WEAPONS? OKAY. MR. SWAN, YOU'RE THERE. YOU CAN? YES. CAN YOU GUYS HEAR ME? YES. GOOD MORNING, MR. CHAIRMAN. MEMBERS OF THE BOARD.

SO I'M JUST SPEAKING ON BEHALF OF CASE 101278, REQUESTING PERMISSION TO BUILD A TWO CAR GARAGE ON THE SIDE OF THE PROPERTY FOR A CONDITIONAL USE PERMIT. WOULD YOU LIKE TO ELABORATE ON THE REQUEST WHICH WHICH YOU WANT TO. YES. SO DUE TO THE NATURE OF THE PLOT, THERE ISN'T REALLY MUCH LAND AVAILABLE IN THE REAR, SO WE CANNOT. BUILD A 24 BY 24 DETACHED GARAGE THERE.

THE ONLY AVAILABLE LAND IS TO THE LEFT OF THE HOUSE, WHICH IS CONSIDERED THE SIDE YARD.

SO WITH THAT BEING SAID, IT'S THE ONLY ACCESSIBLE AREA TO THE DRIVEWAY ITSELF.

SO WE'RE REQUESTING A CONDITIONAL USE PERMIT.

DID I JUST HEAR YOU SAY 24 BY 24? YES. ARE YOU COMFORTABLE WITH THE STAFF RECOMMENDATION THAT THE BUILDING BE REDUCED TO THAT SIZE? YES. THE ORIGINAL SIZE THAT THEY HAD INDICATED IT WASN'T THE ENCLOSED PORTION OF IT WASN'T ACTUALLY 24 BY 40.

IT HAD LIKE A, I GUESS WHAT YOU CONSIDER A LEAN TO JUST FOR LIKE BOAT STORAGE.

OKAY. BUT YES, AFTER REVIEWING IT AND SPEAKING WITH PERMITTING, YOU KNOW, OBVIOUSLY I'M GOING TO FOLLOW THEIR ADVICE.

YEAH. I'LL JUST ELABORATE A LITTLE BIT ON THESE COMMUNITY MAINTENANCE VISITS YOU HAD DURING THAT TIME FRAME THAT WAS INDICATED. AND ALSO IN APRIL IT SOUNDS LIKE THERE MIGHT HAVE BEEN SOME MISUNDERSTANDING WHAT WAS GOING ON ON THE PROPERTY.

AND IF YOU COULD JUST RESPOND TO THAT. YES. SO I GUESS DURING THE INSPECTION OF APRIL OF 2026, THE INSPECTOR HAD SEEN TWO VEHICLES IN THE YARD OR THREE VEHICLES IN THE YARD, AND THEY DEEMED THEM INOPERABLE. THE VEHICLES WERE OPERABLE.

LIKE I SAID, THEY'RE JUST THEY'VE BEEN IN THE FAMILY HAS SENTIMENTAL VALUE. SO AT THIS TIME, THEY'VE ALL BEEN REMOVED AND EVERYTHING HAS BEEN BROUGHT UP TO CODE.

THERE'S NO COMMERCIAL ACTIVITY ONGOING ON THE PROPERTY.

NO. ABSOLUTELY NOT. THANK YOU SIR. ANYONE ELSE ON THE BOARD HAVE ANY QUESTIONS FOR MR. TRUMP? ANY QUESTIONS, MR. BROCK? NO. MY QUESTIONS.

EXCUSE ME. WHETHER RELATED TO THE QUESTION YOU RAISED, AND THAT DOES SEEM TO HAVE BEEN CLARIFIED.

AND ALSO THE APPLICANT IS AGREEABLE TO A SIZE LIMITATION OF 24 BY 24.

YES, SIR. THE STAFF RECOMMENDATION. CORRECT? YES, SIR.

THANK YOU, MR. TRAN. WE'LL GO AHEAD AND HEAR FROM THE PUBLIC. ANY MORE QUESTIONS FROM THE BOARD? OKAY.

WE'LL HEAR FROM THE PUBLIC NOW. IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK IN SUPPORT OF THE CASE? IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK IN OPPOSITION TO THE CASE? ONE PERSON ON WEBEX THAT WE'RE HAVING TROUBLE IDENTIFYING.

THEY'RE NOT COMMUNICATING. WE'RE NOT SURE WHICH CASE THEY'RE RIGHT.

SO. THEIR NAME IS NOT FAMILIAR TO ANYTHING CONNECTED TO THIS CASE.

OKAY. SHOULD WE GO FORWARD THEN? YEAH. AS FAR AS WE KNOW, THEY ARE NOT HERE TO SPEAK.

ALL RIGHT. IS THERE ANY DISCUSSION FROM THE BOARD? FURTHER DISCUSSION? IF NOT, MR. BROADWAY, ARE YOU READY TO MAKE A MOTION ON THE CASE? I AM. I MOVE THAT WE APPROVE THIS CONDITIONAL USE PERMIT, SUBJECT TO THE CONDITIONS RECOMMENDED BY THE STAFF, PARTICULARLY RELATING TO THE SIZE OF THE GARAGE BEING LIMITED TO 24 BY 24.

AND THE APPLICANT UNDERSTANDS THIS GARAGE COULD NOT BE USED FOR BUSINESS PURPOSES.

WE HAVE A MOTION BY MR. BROADWAY. IS THERE A SECOND?

[00:25:02]

AYE. ALL OPPOSED? NO. HEARING NONE. THE MOTION CARRIES.

AND CONDITIONAL. THIS CONDITIONAL USE PERMIT IS APPROVED.

[6. CUP-2026-101402 Tuckahoe Jared Grigg: conditional use permit to keep up to six hens in the rear yard at 404 September Drive, Sleepy Hollow, Tuckahoe. Parcel 751-736-2965. Zoning: R-1, One-Family Residence District. Code Section: 24-4420.G.1.]

JARED GRIGG CONDITIONAL USE PERMIT TO KEEP UP TO SIX HENS IN THE REAR YARD AT 404 SEPTEMBER DRIVE IN SLEEPY HOLLOW IN THE TUCKAHOE MAGISTERIAL DISTRICT.

EVERYONE WHO INTENDS TO SPEAK TO THIS CASE, PLEASE STAND AND BE SWORN. RAISE YOUR RIGHT HAND. DO YOU SWEAR THE TESTIMONY YOU ARE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD. THANK YOU.

AND, MR. CHAIR, LET ME MENTION BEFORE MISS ROSMUS BEGINS.

WE RECEIVED TWO EMAILS LATE LAST NIGHT. SO AFTER EVEN THE ADDITIONAL INFORMATION WAS PRINTED, BUT TWO EMAILS FROM DIRECTLY ADJOINING NEIGHBORS IN SUPPORT OF THIS REQUEST.

DO WE HAVE COPIES OF THOSE IN OUR PACKET? NO, WE DO NOT.

I'M JUST LETTING YOU KNOW THAT THEY WERE RECEIVED.

THEY WERE IN SUPPORT AND THEY WERE THE IMMEDIATELY ADJOINING ON EITHER SIDE OF THE PROPERTY IN THE REAR.

I'LL SHOW YOU. OKAY. ALL RIGHT. GO AHEAD. THANK YOU.

MR.. THANK YOU, MR. SECRETARY. SUBJECT PROPERTY IS LOCATED AT 404 SEPTEMBER DRIVE, ONE QUARTER MILE WEST FROM NORTH ROME IN THE TUCKAHOE MAGISTERIAL DISTRICT.

THE COLONIAL STYLE HOME IS SITUATED ON A 77 ACRE LOT AND IS 2663FT² IN SIZE.

THE AREA SURROUNDING THE SUBJECT PROPERTY IS ZONED R1 ONE FAMILY RESIDENCE AND IS CHARACTERIZED BY SINGLE FAMILY HOMES ON LOTS RANGING FROM ONE HALF TO ONE ACRE IN SIZE.

THE APPLICANT IS SEEKING A CONDITIONAL USE PERMIT TO KEEP SIX HENS, NO ROOSTERS IN THE REAR OF THE PROPERTY.

THE PROPOSED CHICKEN COOP WOULD BE LOCATED IN THE REAR YARD TOWARDS THE RIGHT NORTH SIDE OF THE PROPERTY.

THE SUBJECT WOULD BE 25FT FROM THE SIDE LOT LINE.

THE CONCEPT PLAN SHOWS THE YARD SETBACK AS WHERE 40 IS 40FT FROM THE REAR YARD SETBACK.

HOWEVER, THE ORDINANCE DOES REQUIRE 50FT. DISCUSS THIS WITH THE APPLICANT.

THEY'RE FINE WITH MOVING IT UP TEN FEET. THEY HAVE PLENTY OF ROOM.

THE COOP WOULD BE OVER 60 OR OVER 50FT FROM THE PRIMARY DWELLING, AND OVER 60FT FROM THE RIGHT SIDE NEIGHBOR AND OVER 140FT FROM THE REAR.

REAR NEIGHBOR. AS YOU CAN SEE, THE REAR YARD HAS A LOT OF DENSE FOREST AREA.

SO I, YOU KNOW, TRIED MY BEST TO GET A PICTURE OF WHERE THE COOP WAS GOING TO BE LOCATED.

BUT YOU'LL HAVE TO IMAGINE WITH ME, IT'S OVER IN THIS CORNER.

THE COOP AND RUN WOULD BE 72FT², WHICH SURPASSES THE REQUIREMENT OF 30FT² IN THE ZONING CODE.

THE PROPERTY IS WELL SHIELDED WITH A DENSE BUFFER OF MATURE TREES.

AS LONG AS THE PROPERTY CONTINUES TO BE WELL MAINTAINED, STAFF DOES NOT ANTICIPATE ANY ADVERSE IMPACT ON THE SURROUNDING AREA AND THE THE NEIGHBORS THAT SENT IN THEIR SUPPORT ARE THE TWO REAR NEIGHBORS, SO FRANKLY, WOULD BE PROBABLY THE MOST IMPACTED BY CHICKENS, AND THEY WERE FINE WITH THE APPLICATION, HAD HAD NO OBJECTIONS.

THE SUGGESTED CONDITIONS WOULD REQUIRE THE APPLICANT TO KEEP THE HENS ENCLOSED, STORED, FEED SECURELY, CLEAN UP WASTE AND CONSULT A PEST CONTROL SPECIALIST.

STAFF RECOMMENDS APPROVAL SUBJECT TO THE CONDITIONS INCLUDED IN THE STAFF REPORT AND I CAN ANSWER ANY QUESTIONS.

THANK YOU, MR. RASMUS. IS ANYONE FROM THE BOARD HAVE ANY QUESTIONS FOR MR.. OKAY.

HEARING NONE, WE WILL THEN OPEN UP THE PUBLIC HEARING.

IS THERE ANYONE FROM THE. I'M SORRY TO HEAR FROM THE APPLICANT FIRST.

YEAH. I'M SORRY MR. GREG DIDN'T COME TO THE PODIUM.

PLEASE. GOOD MORNING. THANK YOU FOR THE OPPORTUNITY TO MEET WITH YOU TODAY.

REVIEWING SOME PREVIOUS MEETING. OH. EXCUSE ME.

JARED, GREG, GRIGG. AND REVIEWING SOME PREVIOUS MEETINGS AND APPLICANTS WHO HAVE PETITIONED FOR KEEPING HENS IN THEIR BACKYARD. I CAME TO REALIZE THAT THIS IS A TRADITION OF PARENTS WHO ARE TRYING TO HELP THEIR KIDS GAIN SOME RESPONSIBILITY AND APPRECIATION FOR WHERE THEIR FOOD COMES FROM. AND SO I STAND BEFORE YOU TODAY EAGER TO PARTICIPATE IN THAT TRADITION REGARDING OUR APPLICATION.

THE CONCEPT PLAN THAT I ORIGINALLY SUBMITTED WAS A GOOGLE MAPS ESTIMATE TO CONFIRM TO MYSELF THAT I HAD SUFFICIENT ROOM FOR THIS MISS ROZMUS THEN HELPED ME APPRECIATE THAT IT IS A 50 YARD SETBACK.

I'VE GONE UP INTO THE PROPERTY AND WITH A TAPE MEASURE AND ACTUALLY DONE THE WALKOUT WHERE WE'RE PROPOSING TO PUT IT IS ACTUALLY 64FT FROM THE BACK PROPERTY LINE. AND SO EVEN ACCOUNTING FOR A LITTLE BIT OF VARIANCE BECAUSE THE TAPE MEASURE SAGS, I THINK THAT WE'RE COMFORTABLY BEYOND THAT 50 FOOT LINE.

AS I MENTIONED, OUR PRIMARY DESIRE TO DO THIS IS IN RESEARCHING KEEPING CHICKENS.

MY WIFE AND I APPRECIATE THAT THIS IS AN EXCELLENT OPPORTUNITY FOR OUR KIDS TO HAVE ADDITIONAL RESPONSIBILITY IN OUR FAMILY.

[00:30:04]

I'M REALLY THANKFUL FOR MY NEIGHBORS. IN ADDITION TO THE FOLKS THAT YOU HEARD FROM, I APOLOGIZE THAT IT WAS SO LATE.

IT'S A VERY CLOSE KNIT COMMUNITY. AND ALL THE NEIGHBORS THAT WE'VE SPOKEN TO WHO ALSO HAVE CHILDREN IN THE AREA ARE VERY EXCITED ABOUT THE OPPORTUNITY TO GET TO PARTICIPATE IN THIS WITH US AND TO GET TO COLLECT EGGS AND HOLD CHICKENS AND THINGS LIKE THAT.

SO I APPRECIATE YOUR CONSIDERATION TODAY. I APPRECIATE THE STAFF FOR THEIR REVIEW. AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

THANK YOU, MR. GREG. IS THERE ANYONE FROM BOARD PRESENT TO MR. GREG? OKAY. HEARING NONE. THANK YOU, MR. GREG.

WE WILL NOW OPEN THE PUBLIC HEARING AND ASK IF THERE'S ANYONE ON WEBEX OR IN THE AUDIENCE THAT WISHES TO SPEAK IN SUPPORT OF THE CASE.

MR. BISHOP, AS ALREADY ALLUDED TO, THE EMAILS WE RECEIVED LATE LAST NIGHT ON THE 20 NEIGHBORS.

IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK IN OPPOSITION TO THE CASE? THERE'S NO ONE ON WEBEX FOR THIS CASE. OKAY. HEARING NONE, WE WILL CLOSE THE PUBLIC HEARING AND WE'LL ASK IF READY TO MAKE A MOTION.

MR.. YES, SIR. I MOVE THAT WE APPROVE THIS CONDITIONAL USE PERMIT, SUBJECT TO THE CONDITIONS RECOMMENDED BY THE STAFF CONCERNING FOOD STORAGE AND PEST CONTROL. WE HAVE A MOTION.

OKAY. WE HAVE A MOTION BY MR. BROADWAY, A SECOND BY MR. JOHNSON. ALL IN FAVOR OF THE MOTION, SAY AYE.

IS THERE ANYONE OPPOSED? HEARING NONE. THE MOTION CARRIES.

AND THIS CONDITIONAL USE PERMIT IS APPROVED. THANK YOU.

THANK YOU, MR. DIRECTOR. THIS CASE IS CONDITIONAL USE PERMIT 2026 NUMBER 101422.

[7. CUP-2026-101422 Brookland Subhashini Appadurai Arunachala: conditional use permit to provide daycare for up to 12 children in the home at 5970 Springfield Road, Brookland. Parcel 760-769-2994. Zoning: A-1, Agricultural District. Code Section: 24-4402. ]

EVERYONE WHO INTENDS TO SPEAK TO THIS CASE, PLEASE STAND AND BE SWORN IN. RAISE YOUR RIGHT HAND, PLEASE. DO YOU SWEAR THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD. THANK YOU.

AND WE ALSO HAVE ONE SPEAKER ON WEBEX. OKAY. THANK YOU, MR. QUINLAN. AND YOU GAVE OUT SOME LETTERS. THERE ARE SOME ITEMS LEFT ON YOUR TABLE.

I BELIEVE IT WAS THREE EMAILS IN SUPPORT AND ONE IN OPPOSITION.

WE HAVE SOME, I THINK, MR. BLANKENSHIP, THAT WE RECEIVED EARLIER THAT WERE IN OPPOSITION AND THE STAFF REPORT AS WELL.

YES. THANK YOU, MR. KELLY. THANK YOU, MR. CHAIR.

THE SUBJECT PROPERTY IS LOCATED OFF OF SPRINGFIELD ROAD, JUST WEST OF ITS INTERSECTION WITH FRANCIS TOWN ROAD.

THE PROPERTY CONTAINS A 1773 SQUARE FOOT HOME ON JUST SHY OF ONE ACRE OF LAND.

THE SURROUNDING AREA IS GENERALLY RESIDENTIAL IN CHARACTER, ALTHOUGH IT DOES BACK UP TO THE GLEN ALLEN CHURCH OF CHRIST.

AND LET'S SEE. THE APPLICANTS WOULD LIKE TO OFFER HOME BASED CHILD CARE FOR UP TO 12 CHILDREN, AGES 3 TO 12, OR YOU CAN HAVE UP TO FIVE BY RIGHT.

6 TO 12 REQUIRES APPROVAL OF A CONDITIONAL USE PERMIT.

IN REVIEWING THIS REQUEST, HOME BASED CHILD CARE CAN PROVIDE AN IMPORTANT SERVICE FOR FAMILIES.

THE PROPERTY FRONTS ON SPRINGFIELD ROAD, A MAJOR COLLECTOR, SO THERE IS EASY ACCESS TO THE SITE.

THE APPLICANTS HAVE A LONG PAVED DRIVEWAY, ALONG WITH A TURNAROUND BEHIND THE HOUSE THAT CAN ACCOMMODATE FAMILIES DROPPING OFF THEIR CHILDREN.

AND THEN IN THE BACK YARD HERE THEY HAVE A FENCED PLAY AREA.

AND THIS WILL PROVIDE A SAFE PLACE FOR THE CHILDREN TO PLAY.

WITH ALMOST AN ACRE OF LAND, THERE SHOULD NOT BE ANY ADVERSE IMPACT ON THE IMMEDIATE NEIGHBORS.

FINALLY, I WOULD NOTE THE DEPARTMENT OF PUBLIC UTILITIES IS RECOMMENDING BUT NOT REQUIRING CONNECTION TO PUBLIC SEWER, WHICH IS 200FT AWAY. AT A MINIMUM, THE APPLICANTS WILL NEED TO WORK WITH THE HEALTH DEPARTMENT TO ENSURE THE SEPTIC SYSTEM CAN HANDLE THE ADDITIONAL CHILDREN, AND THIS IS ADDRESSED BY CONDITION NUMBER FOUR.

I WOULD NOTE, I BELIEVE IT WAS 8000 TRIPS PER DAY.

PUBLIC WORKS INDICATED THIS PART OF SPRINGFIELD ROAD CARRIES THE.

APPLICANTS CAN DO UP TO FIVE CHILDREN BY. RIGHT.

SO YOU'RE TALKING SEVEN MORE CHILDREN HERE BECAUSE THERE WERE COMPLAINTS ABOUT TRAFFIC AND NOISE POLLUTION, ETCETERA. BUT AGAIN, THIS IS A MAJOR ROAD HERE THAT CARRIES A SUBSTANTIAL AMOUNT OF TRAFFIC.

[00:35:01]

THANK YOU. THANK YOU, MR. GENTLY. ANYONE FROM BOARD HAVE QUESTIONS? I DO HAVE A FEW QUESTIONS, BUT I'D LIKE TO RESERVE THOSE UNTIL AFTER WE HEAR FROM THE APPLICANT AND THE PUBLIC.

SO WE'LL RESERVE YOUR TIME. THANK YOU. ALL RIGHT.

THANK YOU, MR. GOODLEY. SO AT THIS TIME, WE'LL HEAR FROM THE APPLICANT.

I'M GOING TO TRY TO PRONOUNCE YOUR NAME CORRECTLY, MA'AM. MRS..

AARON. AARON. AARON, IF I TOLD YOU THAT, I APOLOGIZE.

GOOD MORNING, MR. CHAIRMAN AND BOARD MEMBERS.

I'M SUBASHINI ARUNACHALAM A RUNACHALA. AND THANK YOU FOR YOUR TIME FOR CONSIDERING OUR APPLICATION.

SO OUR APPLICATION IS GET APPROVAL TO HAVE 12 CHILDREN AND A FAMILY TAKE CARE AT OUR HOME.

SO SMALL. INTRODUCE ABOUT MYSELF. SO I HAVE 14 YEARS OF EXPERIENCE WORKING WITH PRESCHOOL CHILDREN, AND FOR THE PAST EIGHT YEARS I'M RUNNING THE FAMILY DAYCARE IN MY HOME, THE PEACOCK MONTESSORI, AND I AM A MONTESSORI CERTIFIED TEACHER AND I HAVE DONE A CD, A CHILDHOOD CERTIFICATION AND DIRECTOR CERTIFICATION AND A FIRST AID CERTIFIED. SO SO THESE EIGHT EXPERIENCE. I HAVE REALLY LOVED IT WITH THE FAMILY DAY HOME.

SO WE THOUGHT WE ARE LOOKING FOR MORE LARGE SPACE.

THAT'S WHAT WE FOUND THIS HOME VERY SUITABLE FOR FAMILY DAY CARE HOME.

A BIG, NICE SPACIOUS ROOM WHERE I CAN HAVE CHILDREN CAN ENJOY THE SPACIOUS CLASSROOM AND THE OUTDOOR IS MORE ENOUGH FOR 12 CHILDREN TO BE SAFE AND BE HAPPILY PLAYING TO. AND AND THE PARKING.

THERE IS MANY PLACES FOR PARKING, SO WE THOUGHT, THIS PLACE IS VERY GOOD ENOUGH TO HAVE 12 CHILDREN WITH US AND.

AND OUR WORKING HOURS ARE 830 TO 5:30 P.M. SO SO FAR THE EIGHT YEARS, MY DATA ABOUT HOW CHILDREN COME INTO THE FLOW. AND SO ABOUT 20 CHILDREN ARRIVE AROUND 8:30 A.M.

AND 40 CHILDREN ARRIVE AT ABOUT 9 TO 9:30 A.M..

30% OF CHILDREN ARRIVE, 930 TO 945 AND TEN ARRIVE AFTER TEN THE SAME.

I'M SORRY. YOU'RE SAYING PERCENTAGES? YES. PERCENTAGE OF CHILDREN HOW THEY COME AND 100.

OH YEAH. THE SIMILAR WAY GOES IN THE AFTERNOON TO 20%.

CHILDREN PICK UP OR PICK UP AROUND 4 P.M. AND 50 AROUND 445 TO 515 AND 30% OF CHILDREN PICKED UP AT 530. SO THE PICK UP AND DROP IS NOT LIKE THE PUBLIC SCHOOL WHERE EVERYBODY COME AT 830, LEAVE AT 530. NO, JUST KEEP ON ON THE FLOOR. SO THIS KEEPS US THE TRAFFIC TO BE VERY SMOOTH AND SAFE FOR CHILDREN, PARENTS AS WELL AS THE NEIGHBORHOOD. SO FOR THOSE OF US WHO DON'T HAVE A MONTESSORI EDUCATION, THE HIGHEST NUMBER I HEARD WAS 50% COMING AT ONE TIME.

IT DEPENDS ON THE PARENTS. WHEN THEY WANT TO DROP, THEY COME AND THEY DROP.

SO IT WOULD BE NO MORE THAN SIX COMING AT A TIME.

YES, YES YES, DEFINITELY. AND ALSO WE OFFER A FULL DAY AND MINIMUM DAY, SOMETIMES SEPTEMBER 1230.

SOME PARENTS. THEY LIVE. SO IT DEPENDS ON THE ENROLLMENT TO AN ADDITIONAL TO THAT, YOU'RE WELCOME.

AND. AND LET ME GO TO. THE OUTSIDE AREA IS REALLY WELL FENCED AND IT'S VERY MUCH FIT FOR VERY WELL FOR THE 12 CHILDREN AND FOR THE CHILDREN'S SAFETY SINCE AFTER THE DRIVEWAY IT GOES TO THE MAIN ROAD, WE HAVE PUT TWO LATCHES IN THE FENCES. SO MR. BOB TOOK CARE OF THAT TO BE SAFE FOR THE CHILDREN.

SO OUTDOOR IS VERY SAFE FOR CHILDREN. AND OF COURSE, OUR GOAL IS TO PROVIDE A VERY SAFE ENVIRONMENT FOR CHILDREN, PARENTS AS WELL AS. AND IN MONTESSORI, WE HAVE A VERY IMPORTANT THING RESPECT OUR NEIGHBORS, RESPECT OUR COMMUNITY. SO THE OUTSIDE PLAY AREA WILL BE LIMITED IN THE MORNING AFTER 11 AND EVENING AFTER 330 OR 430.

AND IT ALSO DEPENDS ABOUT THE WEATHER, HOW THE WEATHER IS.

IT'S GOOD FOR THE CHILDREN AND WE GO THERE AND THEY LEARN HOW TO RESPECT THEIR NEIGHBORS TOO.

IN OUR MONTESSORI. SO I'M VERY SURE THE NEIGHBORS WILL HAVE A PEACEFUL WAY WITH.

WITH US BEING THERE TO. AND I WANT TO NOT I WANT TO BE NOT JUST KNOWN AS A VERY GOOD CHILDCARE PROVIDER,

[00:40:04]

IF YOU'D LET ME KNOW IF YOU HAVE ANY QUESTIONS. MR..

I'M SORRY. YEAH. DOES ANYONE FROM THE BOARD HAVE ANY QUESTIONS? YEAH. DO YOU HAVE A HIGH TRAFFIC VOLUME OVER THERE? AS OF NOW, WHERE? I KNOW WE LIVE IN A RESIDENTIAL AREA TO VERY CLOSE BY.

NEXT. NEXT DOOR WE HAVE HOMES SINCE THE FLOW IS NOT AT THE SAME TIME, SO WE DIDN'T HAVE ANY ISSUES SO FAR.

SPRINGFIELD ROAD CARRIES A LOT OF VEHICULAR TRAFFIC.

TO ANSWER YOUR QUESTION, MR. JOHNSON YEAH, A COUPLE OF QUESTIONS TO SO YOUR CONCEPT PLAN STATES THAT YOU HAVE OVER EIGHT YEARS OF EXPERIENCE OPERATING A SIMILAR MONTESSORI DAYCARE PROGRAM.

ARE YOU CURRENTLY DO YOU CURRENTLY HAVE CHILDREN IN YOUR HOME OR IS THIS A DIFFERENT LOCATION? IT'S IN MY HOME IN A DIFFERENT LOCATION. SO WE'RE LOOKING FOR SPACE TO EXTEND IT TO 12 TO GET MORE CHILDREN AND GET BENEFIT FROM THAT.

SO WE WERE LOOKING SO WE FOUND THIS HOME TO BE VERY PERFECT FOR OUR FAMILY.

YOU'RE NOT CURRENTLY WATCHING ANY CHILDREN IN YOUR HOME OR ARE YOU WATCHING UP TO FIVE CHILDREN? NO, NOT JUST ME NOW MOVED TO THIS NEW HOME. SO NOW WE'RE IN SUMMER BREAK.

SO ON MY NINTH YEAR WILL BE FROM THIS HOME. OKAY, BUT PREVIOUSLY YOU'RE OPERATING IN A COMMERCIAL LOCATION? NO, IN A RESIDENTIAL AT MY HOME. YOUR LAST TIME? YES. THE HOME WAS OUT HERE IN HENRICO. OR IS THAT.

YES, IT'S IN HENRICO. SO YOU'VE BEEN PROVIDING DAYCARE IN YOUR HOME FOR SOME TIME NOW FOR EIGHT YEARS.

OKAY. THAT'S ALL THE QUESTIONS I HAVE. THANK YOU.

AND THANK YOU FOR PRESENTING THE PLAN TO US. DID YOU HAVE A QUESTION? WELL YES. ARE YOU THE OWNER OF THE PROPERTY? WE RENTED THE PROPERTY.

YES. OKAY. BECAUSE I NOTICE THERE WAS A DIFFERENT NAME HERE.

OH, YEAH. I'M. SORRY. THERE'S A REFERENCE HERE TO THE FACT THAT YOU'RE 200FT FROM COUNTY SEWER SYSTEM. HAVE YOU GIVEN THOUGHT TO CONNECTING TO THE COUNTY? YES, WE DID. AND WE'RE GOING TO HAVE AN APPOINTMENT FROM THEM THIS WEEK.

YEAH. I'M BOB. I'M THE HUSBAND OF SHUBHA. YEAH.

YEAH. STATE YOUR NAME. YEAH. GOOD MORNING EVERYONE.

MY NAME IS PATANJALI BABU VASIKARAN. YEAH. MY NAME IS PATANJALI BABU VASIKARAN.

VASIKARAN VASEEKARAN. I AM THE HUSBAND OF MR SHUBHA.

TO TO YOUR QUESTION, LIKE CONNECTING TO THE SEWER.

AND ALSO THEY GAVE AN OPTION WHERE WE CAN WORK ON THE SAP.

SO WE WENT TO THE DEPARTMENT OF PUBLIC HEALTH.

WE SPOKE WITH THEM AND THEY SAID, SINCE THIS IS A DAY CARE, WE NEED TO GO THROUGH A CONTRACTOR KIND OF THING.

SO THEY GAVE US A FEW NAMES. WE STARTED WORKING WITH THEM AND WE ARE KIND OF LIKE PLANNED TO DO THAT SAP ASSESSMENT SOMETIME NEXT WEEK.

SO WE SHOULD BE I THINK THE DATE GIVEN WAS BEFORE SEPTEMBER 1ST.

WE NEED TO SUBMIT THAT. BUT I THINK WE SHOULD BE IN A POSITION TO GET SOMETHING IN THE NEXT COUPLE OF WEEKS. THAT THAT THAT DOES RAISE A QUESTION.

THANK YOU FOR CATCHING THAT, MR. BROADWAY. SO I'M SORRY.

GO AHEAD PLEASE. I JUST THE QUESTION I HAD WAS, SO YOU ARE RENTING THE HOME, IS THIS YOUR PRIMARY RESIDENCE? YEAH, YEAH, THIS WILL BE OUR PRIMARY RESIDENCE. SO YOU'RE NOT RUNNING IT JUST FOR THE PURPOSE? NO, NO, NO, WE WE ARE MOVING HERE BECAUSE WE WANT TO MOVE INTO A RANCH HOUSE IN A SINGLE FLOOR.

I HAVE SOME KNEE PROBLEMS. SO THAT DOESN'T THAT WOULD BE A REQUIREMENT WOULDN'T IT. YES YES YES.

OKAY. I'M SORRY. I'M NOT SUGGESTING OUR APPROVAL SHOULD SHOULD BE BASED ON CONNECTION TO THE TO THE COUNTY SEWER SYSTEM.

I'M I'M JUST WONDERING HOW MUCH DOES IT COST TO DO THAT? 200FT. ANY GUESS THEY'RE EXTENDING IT 200FT IF THEY WERE GOING TO.

YEAH, THEY PROBABLY CAN DO IT UNDER THE COUNTY CONTRACT ON THAT.

AND THEY'LL BE PAYING A RESIDENTIAL CONNECTION FEE. SO IT'S SOMEWHERE, YOU KNOW, BETWEEN 5 AND $10,000 FOR THAT CONNECTION TO CONNECT TO THEM.

BUT THAT WOULD BE THE OBLIGATION OF THE PROPERTY OWNER, RIGHT? YES, YES. BECAUSE THEY'RE RUNNING THE PROPERTY, THEY'D HAVE TO FIGURE THAT OUT. THEY'D HAVE TO WORK THAT OUT. YOU KNOW, I'VE LEARNED SOMETHING. I DON'T THINK I REALIZED YOU COULD BE CONNECTED TO THE COUNTY WATER SYSTEM AND NOT CONNECTED TO THE SEWER, AND VICE VERSA AS WELL. THERE ARE SOME THAT ARE CONNECTED TO SEWER AND NOT WATER.

IT'S UNUSUAL, BUT THEY ARE OUT THERE. WELL, AND I WAS GOING TO BRING THAT POINT UP LATER.

AND THANK YOU FOR RAISING IT, MR. BROADWAY. THAT WAS A CONCERN I HAD TOO.

AND HERE'S MY CONCERN. THE PUBLIC UTILITIES STAFF HAS SAID THAT THEY'RE NOT RECOMMENDING THIS BE A REQUIREMENT, AND I RESPECT THEIR JUDGMENT. MY ONLY CONCERN IS, IS THAT IN THIS CASE GETS APPROVED, START OPERATING THE DAYCARE,

[00:45:04]

AND THEN YOU'VE GOT PARENTS THAT ARE RELYING ON THE DAYCARE.

THEY'RE BEING TOLD, WELL, WE'RE NOT GOING TO BE ABLE TO HANDLE IT. 1212 IS A LOT FOR A SEPTIC SYSTEM, I THINK. BUT AGAIN, I HAVE TO RELY ON THE EXPERTISE OF OUR COUNTY STAFF AS FAR AS THAT GOES.

WHAT'S YOUR THINKING RIGHT NOW ON THE SEPTIC ISSUE? YEAH. SO I'M BASICALLY A CIVIL ENGINEER, SO I UNDERSTAND.

DOESN'T MEAN THAT I'M AN EXPERT, BUT I DO UNDERSTAND CERTAIN THINGS. THIS HAS A 1000 GALLON SEPTIC TANK CURRENTLY WITH THE DRAIN OF 44444.

50 GALLONS. SO WHAT WHAT THEY SAID IS LIKE FOR A FAMILY, WE ARE GOING TO BE ME AND MY WIFE AND ONE KID WHO IS GOING TO LIVE WITH US.

SO FOR EACH KID, IT'S A 75 GALLON IS THE USAGE AND THE PROGRAM THAT WE OFFER MY WIFE IS GOING TO OFFER.

IT'S, IT'S A DAYCARE WHERE WE ARE NOT GOING TO PROVIDE FOOD.

THEY NEED TO BRING THEIR FOOD, THEY NEED TO BRING THEIR SNACK. AND THESE KIDS ARE NOT GOING TO STAY OVERNIGHT.

AND. ALL RIGHT. SO TYPICALLY THEY TAKE THE, WHAT IS THERE FOR THE SCHOOL FROM 12.5 GALLON TO 15 GALLON PER KID IS THE USAGE.

SO IF YOU DO THE MATH WITH THAT, WE WILL BE AT 400 GALLON OF USAGE.

SO WE'LL HAVE AN EXTRA ROOM OF LIKE 54 MORE GALLONS.

THAT'S WHAT THEY SAID. BUT AGAIN, I'M NOT GOING WITH THAT.

WE UNDERSTAND. WE WANT TO KIND OF LIKE DO A PROPER ASSESSMENT, THE ASSESSMENT THAT IS WHAT WE ARE ENGAGING THE RIGHT PERSON HERE.

WE WANT TO DO THAT BECAUSE IT'S NOT JUST FOR US OR FOR YOU.

WE JUST WANT TO GIVE A SAFE ENVIRONMENT FOR THE KIDS.

I APPRECIATE THAT. I GUESS THE OTHER ONLY CONCERN I'VE GOT, BUT I GUESS THIS IS OUT OF OUR BAILIWICK IS THAT, YOU KNOW, THE DETERMINATION IS MADE EITHER NOW OR LATER, THAT IT REQUIRES PUBLIC SEWER BECAUSE THE SEPTIC SYSTEM FAILS OR CAN'T ACCOMMODATE THE KIDS, WHICH YOU ALL AREN'T. THE OWNER AND THE OWNER MAY SAY, WELL, I'M NOT GOING TO INVEST, YOU KNOW, 5 OR $10,000 INTO DOING THAT. YOU KNOW, OBVIOUSLY IF YOU'RE THE OWNER, YOU CAN TELL US TODAY THAT YOU'RE GOING TO DO THIS, BUT, BUT YOU'RE NOT THE OWNER. SO I MEAN, WHAT'S YOUR CONFIDENCE LEVEL THAT THAT NEEDS TO BE DONE? YOU CAN WORK THAT OUT WITH THE OWNER. YEAH. I THINK WE SHOULD BE IN A POSITION TO WORK IT OUT. WE ALSO KIND OF LIKE GOT A QUOTE ON THAT.

IT'S SOMEWHERE AROUND $20,000 IS WHAT THEY SAID BECAUSE THE LINE IS LIKE TOO LONG.

AGAIN, LIKE IF THERE'S A NEED, IF SOMETHING GOES KIND OF LIKE IF THEY SAY WE NEED TO DO THAT, WE WILL BE LOOKING INTO THAT. AGAIN, IT'S A HUGE INVESTMENT.

EVEN MOVING TO THIS PROPERTY. I HAVE SOME PICTURES.

WE ARE NOT NOT KIND OF LIKE JUST MOVED IN. WE TOOK CARE WHERE WE WANT TO ENSURE THAT SAFETY.

WE KIND OF CAN PUT ALL THE MEASURES IN PLACE.

AND I HAVE SOME PICTURES I CAN SHOW THAT IT'S NOT JUST WE MOVE IN, WE WANT TO DO A BUSINESS.

WE WANT TO BE A GIVE A GOOD, PROPER CARE. AND ON TOP OF THAT, WE ALSO WANT TO BE A GOOD NEIGHBOR.

EVEN THE PLACE WHERE WE RUN TODAY, WE HAVE GOOD NEIGHBORS.

SO IT'S LIKE, NOT NOT THAT LIKE WE WANT TO KIND OF LIKE STAND ALONE, DO IT AS A BUSINESS OR SOMETHING.

THIS IS LIKE, SHE LOVES THIS AS A PASSION. SO SHE HAD BEEN DOING THAT AND I'M FULLY SUPPORTIVE OF HER.

SO IT'S LIKE WE TAKE SAFETY AS A FIRST MEASURE FOR US.

YOU ALL RECENTLY MOVED TO THE PROPERTY. WAS IT A YEAR, A YEAR LEASE YEAR TO YEAR LEASE.

IS THAT. YEAH. THAT'S SO. YEP. OKAY. ALL RIGHT.

THAT'S ALL THE QUESTIONS I HAD OF THE APPLICANT AT THIS POINT.

IS ANYONE ELSE ON THE BOARD HAVE ANY QUESTIONS OF THE APPLICANT. SO THE THE LEASE IN THE PROPERTY THEY'RE LEASING THE PROPERTY.

SO THEY'VE ALREADY DONE THIS. SO YOU ALL DID YOU ALL DO THIS? YEAH. WE DID THIS MODIFICATION. KIND OF LIKE THERE WERE LIKE AREAS WHERE IT WAS NOT CLEAN IN THE FRONT AND BACK.

WE CLEANED EVERYTHING. WE WANT TO ENSURE THAT IT'S GOING TO DO THEIR LEASE AND THEY'RE TRYING TO BUY.

IS THAT YOUR INTENT TO TRY TO BUY THE PROPERTY AT SOME POINT OR. NO, NO, NOT NOT PROBABLY DOWN THE LINE.

WE WANT TO MOVE TO A COMMERCIAL PLACE WHERE THAT THAT'S OUR GOAL.

NOT NOW, BUT IT WILL BE PROBABLY AFTER THREE YEARS BECAUSE WE UNDERSTAND THAT WE CAN'T GO BEYOND THE SCALE OF 12 IN A HOME.

SO THAT'S OUR GOAL. BUT THIS IS MORE LIKE KIND OF LIKE TWO, TWO PURPOSE.

AS I SAID, LIKE I HAVE A KNEE PROBLEM, A LONG PENDING SURGERY.

SO THIS IS SOMETHING THAT WILL HELP ME. ON TOP OF THAT, WE WANT TO MOVE TO A BIGGER PLACE.

WE HAVE LIKE PEOPLE WHO ARE COMING AND ASKING, WE WANT TO ENROLL OUR KIDS, BUT WITH THE LIMIT, WE WERE NOT ABLE TO EXTEND THAT. SO THIS, THIS WILL GIVE US THE OPPORTUNITY TO PROVIDE MORE, MORE CHILD CARE. SO I GUESS THE QUESTION IS IF THEY'RE LEASING AND DECEPTIVE, THAT IF THE OWNER DOESN'T WANT TO DO IT, HOW CAN THEY BE RESPONSIBLE FOR PUTTING INTO THE CONSOLE? I DON'T THINK THEY CAN DO RIGHT. SO IT'S NOT AN ISSUE REALLY.

NOBODY SAID ANYTHING ABOUT IT. IT'S FINE. YEAH.

OKAY. YEAH. YEAH. IT'S A GOOD QUESTION THOUGH.

SO YOU ALL ARE LOOKING AT THIS AS AN INTERIM. IT SOUNDS LIKE AN INTERIM MEASURE. I'M ASSUMING THE PROPERTY OWNER KNOWS THAT WHAT YOU ARE.

YEAH. SO WE ARE. YOU MUST HAVE ALLOWED YOU TO MAKE THESE IMPROVEMENTS TOO.

YEAH. HE ALSO SIGNED ON THAT EVEN BEFORE SIGNING THE LEASE.

WE TOLD THEM VERY CLEARLY THIS IS WHAT WE ARE GOING TO DO. THIS IS WHAT HE SAID.

HE MAY BE IN A POSITION TO JOIN THE CALL. I'M NOT SURE HE'S ABLE TO JOIN OR NOT.

[00:50:01]

IF YOU LOOK AT THAT GAZEBO, IT WAS A GAZEBO. WE DIDN'T DO THAT.

SO HE HE DID THAT KNOWING THAT IT'S GOING TO BE FOR A KID.

SO THEY MODIFIED THAT. SO IT IS LIKE THEY KNOW KIND OF LIKE WHAT WE ARE DOING.

IT'S NOT THAT IT'S A SURPRISE TO THEM. JUST OUT OF CURIOSITY, HAVE YOU HAD ANY CONVERSATIONS WITH THE CHURCH? I DON'T REALLY SEE THIS AS HAVING MUCH OF AN IMPACT ON THE CHURCH BECAUSE THEY OWN THE PROPERTY IMMEDIATELY BEHIND YOU ACTUALLY DROVE BACK THERE YESTERDAY.

FIRST TIME I'D EVER DRIVEN BACK THERE. IT USED TO BE A. IT WAS ACTUALLY A RETREAT.

I THINK MR. BLANKENSHIP WAS REYNOLDS USE IT FOR FOR FOR BUSINESS RETREATS.

AND I THINK THE CHURCH PURCHASED IT MAYBE 15 YEARS AGO OR SOMETHING LIKE THAT.

AND IT'S A LOT OF PROPERTY. IN FACT, IT'S ACTUALLY A HOUSE BACK THERE, I GUESS THEY USE FOR CHURCH OFFICES, I THINK USED TO BE ACCESSED OFF OF STAPLES MILL.

SO THERE'S A LOT OF LAND BEHIND YOU, AND IT'S ACTUALLY A LOT OF LAND BETWEEN YOUR PROPERTY AND WHERE THE CHURCH BUILDINGS ARE. I WAS JUST CURIOUS IF YOU'D HAD ANY CONVERSATIONS WITH THE CHURCH. WE DIDN'T DO THAT BECAUSE LIKE WHAT WE DID IS LIKE BECAME THE PROPERTY.

IF THERE'S A OVERFLOW, KIND OF LIKE CAR PARKING, WE JUST WANT TO SEE LIKE WHETHER WE CAN CAR PARK THE CAR.

THE OWNER SAID, YES, WE CAN DO THAT. WE HAD A HOUSEWARMING PARTY WHERE WE HAD FRIENDS WHO CAME IN.

WE WERE ABLE TO PARK BEHIND THERE THAT COULD ACCOMMODATE SOMEWHERE AROUND 15 TO 20 CARS.

AND I GUESS I'M, I'M GOING TO PRESERVE THIS QUESTION OR TWO UNTIL AFTER WE HEAR FROM THE PUBLIC, I THINK. DOES ANYBODY ELSE, MR. JOHNSON. MR. JOHNSON, YOU HAVE A QUESTION? YES. HOW LONG DO YOU HAVE THE FACILITY? HOW MANY YEARS? WE. WE MOVED LAST MONTH TO THIS PROPERTY. HOW LONG DID YOU TALK TO THE ONE THAT OWNED IT? HOW LONG DO YOU HAVE THAT LEASE DOING THAT? YES.

IT'S A YEAR ON LEASE. YEAR ON YEAR? YEAH. YEAR ON YEAR IT RENEWS.

IF IT WORKS, THEN WE CAN GO FOR YEAR TO YEAR.

WELL, MAYBE I MISUNDERSTOOD OR MISSED THIS IN YOUR PRESENTATION.

YOU'RE ONLY GOING TO DO THIS FOR A CERTAIN AMOUNT OF TIME.

YEAH, PROBABLY LIKE 2 TO 3 YEARS. 2 OR 3 YEARS.

YEAH. AT THIS HOME. AT THIS HOME AND THAT ONE.

AND THEN AND THEN WE WANT TO MOVE INTO COMMERCIAL.

IT DEPENDS ON LIKE HOW WE KIND OF LIKE GET THE ENROLLMENTS BASED ON THAT.

WE WANT TO MOVE INTO A COMMERCIAL THING. ALSO, WHAT YOU'RE SAYING IS YOU WANT TO DO THIS AT THE HOME, GO TO COMMERCIAL SPACE AND STILL PROBABLY STAY IN THE HOME.

YEAH, YEAH. STILL LIVING IN THERE. OH, OKAY. YEAH.

THEY'RE GOING TO STILL LIVE THERE UNLESS THEY GET A COMMERCIAL SPACE. AND THEY'LL MOVE TO CONTINUE TO LIVE IN THE HOME WHERE YOU ARE NOW AND THEN.

YEAH YEAH YEAH. YEAH. THAT'S. YEAH, THAT'S RIGHT, THAT'S RIGHT.

OKAY. DOES THAT ANSWER YOUR QUESTION, MR. BROADWAY? MORE OR LESS. MORE OR LESS. OKAY. IF I CAN EXPLAIN, PROBABLY LIKE, DID WE MISS ANYTHING? ANYBODY ELSE HAVE QUESTIONS FOR THE APPLICANT? OKAY. THANK YOU. THANK YOU ALL. WE'RE GOING TO HEAR FROM THE PUBLIC NOW. WE'LL OPEN THE PUBLIC HEARING. IS THERE ANYONE HERE IN THE AUDIENCE THAT WISHES TO SPEAK IN SUPPORT OF THIS CASE BESIDES THE APPLICANT? DID YOU SAY WE.

WE DID RECEIVE SOME CORRESPONDENCE. MR.. YES, YES, IT'S ON THE TABLE.

OKAY. EXCUSE ME, IS THERE ANYONE IN THE AUDIENCE OR ON WEBEX THAT WISHES TO SPEAK IN OPPOSITION TO THE CASE? HELLO, EVERYONE. STATE YOUR NAME FOR US, PLEASE, AND YOU CAN PULL IT.

OKAY. THANK YOU. I'M SUDHA KODURU AND I LIVE AT 5960 SPRINGFIELD ROAD, RIGHT NEXT DOOR.

MY HUSBAND, JAMES WEST WAS UNABLE TO ATTEND IN PERSON OR ONLINE, SO HE HAD SOME COMMENTS SOME CONCERNS AND THEN I'LL READ WHAT HE WROTE.

AND THEN I HAVE SOME CONCERNS OF MYSELF. SO THERE WERE SOME INCONSISTENCIES IN THE APPLICATION.

IN THE APPLICATION IT SAYS, I MEAN WE'VE, WE'VE DISCUSSED THIS, THAT IT SAYS THAT THEY PURCHASED THE HOME 5970.

THEY ARE NOT, THEY'RE RENTING. I ACTUALLY MET WITH THE OWNER, HA NGUYEN, MULTIPLE TIMES AND TALKED WITH HER MULTIPLE TIMES OVER THE LAST YEAR.

I THINK THEY PROBABLY MOVED IN. I THINK I NOTICED THEIR CAR MAYBE AROUND JULY 1ST.

SO, AND YOU KNOW, THEY DESCRIBE THIS THE PEACOCK MONTESSORI AS A DAYCARE.

BUT ACTUALLY THE BUSINESS APPLICATION THAT MY HUSBAND, WHEN HE DID SOME RESEARCH OPERATES, IS DESCRIBED AS A MONTESSORI SCHOOL. AND WE'VE DISCUSSED THIS AT PEACOCK MONTESSORI.

SO IT'S ACTUALLY A SCHOOL. IT DOESN'T SEEM LIKE IT'S JUST A DAYCARE.

IT ACTUALLY SEEMS LIKE IT'S A SCHOOL. AND THAT IT'S, YOU KNOW, SHE SAID THAT, YOU KNOW, IN THE, IN THE APPLICATION, MY UNDERSTANDING WAS, IS THAT IT SAID THAT IT WAS GOING TO BE HER PRIMARY RESIDENCE.

[00:55:04]

THAT ALSO OPERATES PEACOCK MONTESSORI. SO WE AND THAT IS A 3000 SQUARE FOOT HOME, 5970 IS 1700 SQUARE FOOT. I'M NOT SURE IF THEY'RE PLANNING ON MOVING.

YOU KNOW, FOR RIGHT NOW, ZILLOW SAYS THAT THAT HOME IS 5404 IS NOT FOR SALE.

IT'S OFF MARKET. SO I'M NOT SURE, YOU KNOW, IF THE PLAN IS FOR THEM TO MOVE FROM A 3000, 3000 SQUARE FOOT HOME THAT THEY OWN TO A 1700 FOOT RENTAL AND LIVE THERE, YOU KNOW, WITH THEIR FAMILY.

SO WE'RE CONCERNED THAT THIS IS NOT GOING TO BE THEIR PRIMARY ADDRESS OR PRIMARY RESIDENCE.

EXCUSE ME. AND THAT THIS IS JUST GOING TO BE USED MONDAY TO FRIDAY, 830 TO 530 TO RUN, TO BE RUN AS A SCHOOL AND WEEKENDS AND, AND NIGHTS, YOU KNOW, MAYBE THE HOUSE IS UNOCCUPIED.

AND SO I MEAN, AND THIS MAY BE SOMETHING THAT THEY, YOU KNOW, NEED TO CONFIRM AS WELL.

OR AT LEAST, YOU KNOW, LET US KNOW THAT THEY ARE GOING TO BE USING THIS AS THEIR PRIMARY RESIDENCE.

YOU KNOW, WE'RE JUST CONCERNED THAT THIS IS NOT IN KEEPING WITH THE INTENDED USES OF THIS PROPERTY ZONING AND LIVING RIGHT NEXT DOOR.

SPRINGFIELD ROAD IS ONE LANE EACH WAY. AND EVEN AT, AND ESPECIALLY AT AND RIGNEY TERRACE, THE SPRINGFIELD FARM NEIGHBORHOOD IS RIGHT ACROSS THE STREET.

SO THE TRAFFIC CAN, CAN DEFINITELY BACK UP AT RUSH HOUR.

THE LIGHT AT SPRINGFIELD ROAD AND STAPLES MILL, THE TRAFFIC CAN BACK UP ALL THE WAY BACK TO FRANCIS TOWN.

GO AROUND THE LIGHT OR EXCUSE ME, GO AROUND THE LIGHT AND BACK UP TO FRANCIS TOWN.

IF YOU LOOK AT THEIR DRIVEWAY, IT IS A SINGLE LANE DRIVEWAY.

THERE IS NO WAY TWO CARS CAN COME AND GO AT THE SAME TIME.

SO YOU ARE GOING TO HAVE AN YOU KNOW, IT SOUNDS LIKE THEY'VE DONE THE RESEARCH IN TERMS OF HOW MANY CARS THEY WILL HAVE, YOU KNOW, IN TERMS OF DROP OFF, DROP OFF AND PICK UP.

MY CONCERN IS, THOUGH, THAT YOU ARE GOING TO HAVE CARS BACKED UP ON SPRINGFIELD ROAD WAITING FOR FOR A CAR IN THE DRIVEWAY TO PULL OUT SO THAT A CAR CAN THEN PULL INTO THE DRIVEWAY. AND AGAIN, THERE'S WRIGLEY TERRACE, SPRINGFIELD FARM, WHERE CARS ARE HAVING TO WAIT BECAUSE IT IS A VERY BUSY, BUSY ROAD. SCHOOL BUSSES DURING THE SCHOOL YEAR ARE CONSTANTLY GOING.

THEY'RE STOPPING. SO THAT IS INCREASING TRAFFIC.

THE TRAFFIC AT, AT, AT RUSH HOUR IS PRETTY SIGNIFICANT.

AND THERE WAS SOMETHING ELSE THAT I WANTED TO TALK ABOUT.

SO I THINK, YOU KNOW, I, WHEN YOU GO TO THE WEBSITE AND ACTUALLY GOOGLE PEACOCK MONTESSORI, THE ADDRESS IS ALREADY LISTED AS 5970 SPRINGFIELD ROAD.

GLEN ALLEN TO BE START TO BE TO WITH THE INTENTION TO START AUGUST 1ST.

AND THE CURRENT, YOU KNOW, THE CURRENT PEACOCK MONTESSORI IS AT THE 5404 BENNETT LANE IN GLEN ALLEN, SO YOU KNOW, THEY'RE ALREADY EXPECTING STUDENTS TO START AUGUST 1ST.

YOU KNOW, I'M JUST CONCERNED ABOUT THE TRAFFIC, ABOUT THE INTENDED USE FOR THIS HOME IN A HOME THAT THEY'RE RENTING.

AND THEY ALREADY OWN ANOTHER BIGGER HOME SOMEWHERE ELSE.

I THINK WE'RE JUST, YOU KNOW, LIVING RIGHT NEXT DOOR AND ALREADY SEEING THE TRAFFIC THAT WE HAVE RIGHT NOW WITH THE SCHOOL BUSSES AND TWO, YOU KNOW, TWO SCHOOLS, ECHO LAKE ELEMENTARY AND HUNGRY, MIDDLE HUNGRY, MIDDLE DOWN THE ROAD.

THERE'S A FAIR AMOUNT OF TRAFFIC ALREADY. SO I THINK WE'RE JUST THOSE ARE OUR CONCERNS.

SO TO SUMMARIZE, MA'AM, YOUR CONCERNS WITH TRAFFIC AND THEN ALSO YOUR PERCEPTION OR CONCERN IS, IS THAT THEY ARE RUNNING THIS PROPERTY TO RUN A DAYCARE CENTER WHEN THEY'RE ACTUALLY THEIR PRIMARY RESIDENCE MAY BE ELSEWHERE.

IS THAT IS THAT WHAT YOU'RE SAYING? AND NOT JUST, I MEAN, NOT A DAYCARE, BUT A SCHOOL. THEY HAVE. IF YOU LOOK AT THEIR WEBSITE, THEY HAVE A SPANISH TEACHER, THEY HAVE A MUSIC EDUCATOR. THEY HAVE.

AND THEN MISS SHOBA, WHO IS, I GUESS, THE MAIN INSTRUCTOR OR COORDINATOR, I DON'T KNOW HOW OR TEACHER, BUT THIS IS A SCHOOL THAT'S GOING TO BE RUN OUT OF A RENTAL HOME.

AND CAN YOU IDENTIFY WHERE YOUR PROPERTY IS IN RELATION TO THIS PROPERTY? IT'S RIGHT NEXT TO THE NORTH.

SO LOOKING AT THE PROPERTY. YEAH. SO IF YOU'RE IF YOU'RE LOOKING DIRECTLY IN FRONT OF THE PROPERTY OR YOU'RE THE HOUSE ON THE LEFT.

YEAH, I'M TO THE LEFT. OKAY. YEAH. SO TOWARDS ECHO LAKE, ECHO LAKE PARK, NOT TOWARDS FRANCIS TOWN.

YOU BACK UP THE CHURCH ALSO YOUR PROPERTY? NO, WE BACK UP TO THE POND, THE WILTON POND.

AND THEN BEHIND THAT IS CARRINGTON. BUT THERE'S THE POND IS OWNED BY OUR, EXCUSE ME, OUR NEXT DOOR NEIGHBORS AT 5950.

[01:00:06]

SHE SOLD IT. AND I THINK I BELIEVE IT WAS IN APRIL OR MAY 2025 TO HIGH WIND.

AND THEN HA I, I MET HA PRETTY MUCH MAYBE AS SOON AS THEY THEY BOUGHT THE PROPERTY.

OUR UNDERSTANDING WAS. AND FROM WHAT SHE TOLD ME WAS THAT THEY WERE PLANNING ON DOING RENOVATIONS BECAUSE THE HOUSE NEEDED TO BE UPDATED.

MISS HAZELWOOD WAS WAS VERY ELDERLY AND HER FAMILY MOVED HER TO A ASSISTED LIVING FACILITY.

AND SO THEY, THEY HAVE TWO YOUNG BOYS. AND SO THEY WERE GOING TO UPDATE THE PROPERTY AND RENOVATE THE PROPERTY AND THEN MOVE IN.

SO WE WERE SURPRISED WHEN, YOU KNOW, THEY THEY CAME TO US ON JULY 4TH AND SAID THAT THEY HAD THEY HAD MOVED IN.

AND, YOU KNOW, WE HAD SEEN ALL THE RENOVATIONS.

SO WE WERE, YOU KNOW, WE WERE JUST SURPRISED THAT, YOU KNOW, PEOPLE THAT ARE RENTING THE HOME OR DOING MAJOR RENOVATIONS LIKE THIS.

DO YOU HAVE ANY CONVERSATIONS WITH THE PROPERTY OWNER BEFORE? BEFORE THIS CASE WAS BROUGHT FORWARD? NO, I DON'T HAVE HER. I DIDN'T HAVE HER NUMBER. WE JUST WOULD TALK WHEN WE MET.

YOU KNOW, LIKE OVER THE, YOU KNOW, AT OUR PROPERTY LINE, THEY WERE DOING A LOT OF GROUNDWORK YARD WORK AND STUFF.

AND THAT WAS FOR. NO. ALL RIGHT. ANY OTHER QUESTIONS? THANK YOU. THANK YOU MA'AM. IS THERE ANYONE ELSE THAT WISHES TO SPEAK IN OPPOSITION, EITHER IN THE AUDIENCE OR ON WEBEX? THERE ARE NOW TWO ON WEBEX. THERE'S NO ONE ELSE IN THE ROOM.

ALL RIGHT. STAFF, IF WE CAN CONNECT THE SPEAKER NAMED CLEMENS.

HI, THIS IS TERESA CLEMENS. CAN YOU HEAR ME? YES.

GOOD MORNING. GOOD MORNING. MY NAME IS TERESA CLEMENTS, CLEMENS.

I AM A RESIDENT IN THE SPRINGFIELD FARM NEIGHBORHOOD DIRECTLY ACROSS THE STREET.

THANK YOU FOR THIS OPPORTUNITY TO SPEAK. I HAVE ALREADY SHARED MANY OF MY CONCERNS.

I AM IN OPPOSITION OF THIS CONDITIONAL USE PERMIT.

I BELIEVE SEVERAL OF MY NEIGHBORS, AT LEAST FIVE HAVE ALSO SENT EMAILS IN OPPOSITION OF THE C P I FIRST WANT TO JUST STATE THAT I SHARE SOME OF THE SAME CONCERNS THAT WERE JUST, JUST LISTED ABOUT INCONSISTENCIES IN THE APPLICATION. THIS VERY MUCH IS GOING TO BE A SCHOOL, NOT A DAYCARE.

AND IF YOU LOOK AT THE PLAN SET FORTH BY THE APPLICANT, IT SHOWS THAT THE ROOMS OF THE HOUSE ARE GOING TO BE CLASSROOMS. THERE ARE MULTIPLE CLASSROOMS. SO THE HOUSE IS NOT VERY BIG. I THINK ABOUT 1700FT².

SO I DON'T SEE HOW THAT COULD ALSO SERVE AS A PRIMARY RESIDENCE AND ALSO SERVE AS CLASSROOMS. TO ALSO PIGGYBACK ON THE PREVIOUS COMMENTS WE ARE VERY CONCERNED ABOUT TRAFFIC.

THAT AREA GETS VERY CONGESTED ON SPRINGFIELD ROAD.

IF YOU LOOK AT THE DRIVEWAY OF THIS RESIDENCE, THERE IS NO TURNAROUND.

IT IS NOT A CIRCULAR DRIVE. SO I DON'T SEE HOW THERE'S GOING TO BE A THRUWAY.

THERE ARE GOING TO BE CARS BACKED UP TURNING.

YES, I CAN SEE THAT. BUT IF CARS ARE PARKED THERE AND I DON'T SEE WHERE THERE'S ENOUGH ROOM TO, TO HAVE CARS DO A LOOP. AND I JUST WANT TO SAY TO YOU THAT I AM SPEAKING FOR WAYNE SORRELLS, WHO IS THE PRESIDENT OF THE SPRINGFIELD FARM HOMEOWNERS ASSOCIATION, WHO COULD NOT BE HERE TODAY.

OUR COMMUNITY CONSISTS OF 36 RESIDENTS AND IN PRIVATE CONVERSATIONS.

THIS IS FROM WAYNE. I HAVE NOT HEARD A SINGLE PARTY EXPRESS APPROVAL OF THE PROPOSED CHILD CARE FACILITY.

IF THE IF THE REVIEW BOARD SO DESIRES, HE WILL CONDUCT A SYSTEMATIC POLL TO CALIBRATE THIS ANECDOTAL NEGATIVE OBSERVATION.

MAIN, MAIN REASONS, IN ADDITION TO WHAT I STATED, ARE THE INCREASED VEHICULAR TRAFFIC AND CONGESTION, DIMINISHED VISUAL APPEAL, AND THE SETTING OF A PRECEDENT FOR ADDITIONAL NONRESIDENTIAL DEVELOPMENT IN OUR AREA, ALL OF WHICH ULTIMATELY LEAD TO A LOSS IN ADJACENT PROPERTY VALUES.

SPEAKING AGAIN ABOUT THE TRAFFIC COMMUTERS, SCHOOL BUS TRAFFIC, RESIDENTS.

[01:05:08]

THERE ARE THREE SCHOOLS IN CLOSE PROXIMITY ECHO LAKE ELEMENTARY, HUNGARY CREEK MIDDLE AND GLEN ALLEN HIGH SCHOOL.

PEOPLE ALSO OFTEN USE OUR NEIGHBORHOOD ENTRANCE TO MAKE U-TURNS.

SO WE WOULD ANTICIPATE THAT WOULD INCREASE. OFTENTIMES TURNING OUT OF OUR NEIGHBORHOOD IN THE MORNING IS VERY DIFFICULT. SAME THING IN THE EVENING. IT GETS VERY BACKED UP.

I THINK IT'S IMPORTANT TO CONSIDER THAT THERE ARE ALSO MANY NEW TEENAGE DRIVERS DRIVING TO GLEN ALLEN HIGH SCHOOL.

THAT INTERSECTION, WHICH IS, I BELIEVE, ABOUT 200FT FROM THE APPLICANT'S RESIDENCE IS PRONE TO ACCIDENTS. I HAVE TWO TEENAGE DRIVERS. I'M ABOUT TO HAVE ANOTHER ONE.

AND SO I AM CONCERNED ABOUT THE SAFETY OF ALL THOSE INVOLVED.

ANOTHER MAIN CONCERN IS ALTERING THE ESTABLISHED RESIDENTIAL AND NATURAL RURAL CHARACTER OF THE COMMUNITY. ANY COMMERCIAL SIGNAGE, EXPANDED PARKING AREAS, PLAYGROUND EQUIPMENT, FENCING, OUTDOOR ACTIVITIES, AND INCREASED FLOW OF VEHICLES WOULD INTRODUCE VISUAL ELEMENTS THAT ARE INCONSISTENT WITH THE EXISTING LANDSCAPE.

THESE CHANGES COULD DIMINISH THE RESIDENTIAL NEIGHBORHOOD ESTHETIC THAT THE CURRENT ZONING IS INTENDED TO PROTECT, TO PROTECT. PLANNING AND ZONING DECISIONS SHOULD CONSIDER NOT ONLY WHETHER IT.

PROPOSED USE PROVIDES VALUABLE SERVICE, BUT ALSO WHETHER IT IS APPROPRIATE FOR THE SPECIFIC LOCATION.

APPROVING A COMMERCIAL USE THAT IS INCOMPATIBLE WITH THE SURROUNDING RESIDENTIAL ENVIRONMENT MAY ESTABLISH A PRECEDENT FOR ADDITIONAL NON RESIDENTIAL DEVELOPMENT, GRADUALLY DIMINISHING THE CHARM AND CHARACTER WHICH ATTRACTED MANY OF US TO LIVE HERE.

WE ARE NOT IN OBJECTION TO CHILD CARE SERVICES OR MONTESSORI SCHOOLS.

RATHER, WE REQUEST THAT SUCH SERVICES BE LOCATED IN AREAS THAT ARE MORE APPROPRIATELY ZONED AND HAVE THE INFRASTRUCTURE TO ACCOMMODATE ADDITIONAL TRAFFIC AND OPERATIONAL DEMANDS. FOR THESE REASONS, I, ALONG WITH MY NEIGHBORS IN SPRINGFIELD FARM, RESPECTFULLY REQUEST THAT THE BOARD REEVALUATE AND RECONSIDER THE PLANNING COMMISSION'S RECOMMENDATION AND TO DENY THIS APPLICATION IN ORDER TO PRESERVE SAFETY, RESIDENTIAL CHARACTER, AND QUALITY OF LIFE IN THE SURROUNDING NEIGHBORHOODS.

THANK YOU SO MUCH. THANK YOU MA'AM. JUST FOR THE RECORD, STATE YOUR NAME AGAIN AND ALSO IDENTIFY WHERE YOU LIVE IN PROXIMITY TO THIS PROPERTY.

SURE. TERESA. TERESA CLEMENS, CLEMENS, AND I LIVE IN THE SPRINGFIELD FARM NEIGHBORHOOD, DIRECTLY ACROSS THE ACROSS SPRINGFIELD ROAD. MY ADDRESS IS 9105 RIGNEY TERRACE.

SERVES TWO HOUSES FROM FROM THE INTERSECTION.

CORRECT. ASSOCIATION HAS DISCUSSED THIS, MA'AM.

YES. SOME OF THE COMMENTS I WAS READING FROM MR. WAYNE SORRELLS, WHO IS THE PRESIDENT OF OUR HOMEOWNERS ASSOCIATION.

HE'S THE PRESIDENT OF THE ASSOCIATION, BUT HE'S NOT SPEAKING ON BEHALF.

THERE WASN'T A MEETING. THERE WASN'T A DISCUSSION, BUT NOT A FORMAL POSITION TAKEN.

CORRECT. CORRECT. NOTHING FORMAL. BUT YOU KNOW, HE HE WILL CALL A MEETING TO DISCUSS THIS DIRECTLY IF NEEDED. SO IF I UNDERSTAND CORRECTLY TRY TO SUMMARIZE YOUR COMMENTS, UNDERSTAND THE TRAFFIC CONCERNS.

AND YOU KNOW, ONE CONCERN I HAD BUT I GUESS IT WOULDN'T REALLY BE A CONCERN BECAUSE THIS WOULD BE A WEEKDAY OPERATION AS YOU HAVE THE CHURCH, THE CHURCH OF, OF CHRIST. I THINK THAT'S WHAT IT IS.

CHURCH OF GOD, CHURCH OF CHRIST DIRECTLY BEHIND IT.

BUT YOU ALSO HAVE THE HINDU TEMPLE RIGHT AROUND THE CORNER.

AND I'VE BEEN THERE ON WEEKENDS AND THEY HAVE A POLICE CONTROL OUT THERE.

THEY HAVE PEOPLE TRYING TO PARK ON THE SIDE OF THE ROAD. IT'S IT'S A REAL LOGJAM, BUT I GUESS THAT'S PRIMARILY A WEEKEND.

CORRECT. AND MY MY CONCERN IS THE DAY TO DAY AND THE, THE SCHOOL TRAFFIC.

I THINK IF I UNDERSTAND YOU CORRECTLY, YOU'RE NOT OPPOSED TO DAYCARE.

[01:10:05]

BUT I THINK FROM WHAT I UNDERSTAND, YOUR CONCERN IS, IS THAT THIS IS REALLY APPEARS TO YOU TO BE MORE OF A COMMERCIAL SCHOOL OPERATION AS OPPOSED TO A DAYCARE. CORRECT. DO YOU HAVE ANY QUESTIONS, MISTER? I THINK THERE'S SOMEONE ELSE ON. OKAY. YEAH. THANK YOU MA'AM, WE APPRECIATE YOUR COMMENTS.

CAN WE HEAR FROM OUR. STAFF? CAN WE HAVE MISS ARONIA? HI, MY NAME IS APRIL ARJONA. I ALSO LIVE IN THE SPRINGFIELD FARMS NEIGHBORHOOD AND I LIVE ABOUT FIVE HOUSES DOWN ON RIGNEY TERRACE, SO ALSO ON THE MAIN ROAD THAT'S ACROSS FROM THIS NEIGHBORHOOD.

MY MAIN. WELL, I HAVE MULTIPLE THINGS THAT. BUT VERY SIMILAR TO THE PREVIOUS SPEAKER, MY.

I'M GOING TO BE MORE SPECIFIC ABOUT THE TRAFFIC SITUATION.

SO DURING THE DAY, DURING THE SCHOOL WEEK, AS A PREVIOUS MEMBER MENTIONED, THERE'S AN ELEMENTARY SCHOOL, A MIDDLE SCHOOL, AND THE HIGH SCHOOL. THERE ARE THREE DIFFERENT TIMES BASED ON THE ARRIVAL TIMES FOR THOSE THREE SCHOOLS THAT THAT ROAD ACTUALLY GETS BACKED UP. IT'S ALREADY VERY DIFFICULT TO COME OUT OF OUR NEIGHBORHOOD DURING THOSE PERIODS OF TIME.

AND THEN IN THE EVENING, IT'S ALSO VERY DIFFICULT DURING RUSH HOUR BECAUSE YOU HAVE PEOPLE COMING THROUGH FROM INNSBRUCK AND THE LIGHT FROM STAPLES MILL AND SPRINGFIELD GETS BACKED UP ALL THE WAY AROUND THE CURVE, ALMOST BACK TO ECHO LAKE AT TIMES.

I WOULD ALSO MENTION THAT THE HIGH SCHOOL BUS STOP IS ACTUALLY THERE AT THE CORNER OF OUR NEIGHBORHOOD AND ACROSS FROM THIS HOUSE.

AND SO THAT'S ALSO A CONCERN. AND THERE ARE, YOU KNOW, THE PREVIOUS SPEAKER MENTIONED THERE ARE MANY ACCIDENTS THERE ALREADY AT SPRINGFIELD WHERE SPRINGFIELD AND FRANCIS TOWN MEET.

SO MY, MY CONCERN IS IT'S A SINGLE DRIVEWAY. EVEN IF THEY'RE COMING IN AND OUT, THEY MAY BE TURNING AGAINST TRAFFIC.

AND AGAIN, WE'RE ALREADY, YOU KNOW, AT A DIFFICULT SITUATION TRYING TO COME IN, IN AND OUT OF OUR NEIGHBORHOOD DURING SCHOOL TIMES.

AND THE PREVIOUS SPEAKER MENTIONED THERE ARE A LOT OF INEXPERIENCED DRIVERS ALREADY COMING THROUGH THAT THOROUGHFARE DURING THE SCHOOL MORNING.

MY SECOND CONCERN IS I FEEL LIKE THE THEY ARE ALREADY ADVERTISING FOR A SCHOOL.

IT'S NOT ACTUALLY A DAYCARE. AND I, YOU KNOW, IT'S ALREADY SAYING DOE APPROVED OR WHATEVER.

AND I WENT TO LOOK AND I DON'T I COULD NOT CONFIRM THAT.

BUT I DO WORRY THAT IT'S ACTUALLY A SCHOOL. IT'S NOT HOME DAYCARE.

THEY'VE ALREADY STARTED ADVERTISING BEFORE RECEIVING APPROVAL.

I ALSO, WHEN I LOOK AT THE PLANS I'M AT A LOSS TO SEE HOW ANYONE COULD LIVE THERE AND ALSO STILL RUN IN THOSE ROOMS, THE CLASSROOMS WITH THE DIFFERENT TEACHERS FOR YOGA, FOR, FOR, FOR VARIOUS OTHER THINGS THAT THEY, THEY HAVE MENTIONED. ALSO, I WORRY, YOU KNOW, THAT IT'S, IT'S ACTUALLY RENTAL FOR THAT PURPOSE.

IT WASN'T, YOU KNOW, IT WAS PURCHASED AND NOW THEY'RE RENTING IT AND MAYBE IT'S TEMPORARY.

I DO THINK IT MIGHT CHANGE, YOU KNOW, SIGNAGE AND ALL OF THOSE THINGS COULD CHANGE THE NEIGHBOR THE, THE NOTION OF THE RESIDENTIAL NEIGHBORHOOD AND THE ZONING.

AND I DO WORRY, I HEARD THEM SAY THAT THEY DON'T PLAN TO BE THERE FOREVER, BUT I DO WORRY THAT, YOU KNOW THEY COULD BE LOOKING TO DO FUTURE EXPANSION.

AND I JUST THINK WITH THE TRAFFIC, IT'S, IT'S ALREADY VERY DIFFICULT, BUT THOSE ARE THE SUMMARY OF MY COMMENTS.

I WILL MENTION THAT THE THE THIS INFORMATION DID GO OUT TO THE ENTIRE NEIGHBORHOOD AND BACK TO THE PREVIOUS SPEAKERS POINT.

I DO BELIEVE THERE WILL BE AN HOA MEETING TO TO FURTHER DISCUSS IT, BUT THANK YOU FOR YOUR TIME, I APPRECIATE IT. THANK YOU VERY MUCH. I APPRECIATE YOUR COMMENTS.

IS THERE ANYONE ELSE THAT WISHES TO SPEAK TO THE CASE? I BELIEVE THAT IS EVERYBODY. STAFF. IS THERE ANYONE ELSE ON WEBEX TO SPEAK TO THIS CASE? NO, THERE'S ONE COMING UP. MR. CHAIR, CAN THEY ADDRESS WHAT IS WHAT IS PEACOCK MONTESSORI VERSUS MONTESSORI? I'M JUST I UNDERSTAND MONTESSORI, BUT I DON'T KNOW WHAT WHAT IS A PEACOCK? I HAVEN'T HEARD THAT BEFORE EITHER. MR.. MR..

KARIM, WOULD YOU LIKE TO ADDRESS THAT, MA'AM? OKAY. SO SO THE PEACOCK, IT'S A MONTESSORI WAY.

THE SCHOOL NAME IS THE FAMILY NAME MONTESSORI.

IT IS A LICENSED FAMILY DAYCARE WHERE LIKE THE INSPECTION, THEY COME TWICE A YEAR AND SEE.

THEY INSPECT THE HOME AND THEY GIVE THE CERTIFICATE HOW IT GOES.

SO IT IS GOING ACCORDING TO THE LAW AND IT IS A FAMILY DAYCARE.

[01:15:05]

I BELIEVE FAMILY DAYCARE CHILDREN COME TO ME.

THEY SHOULD BENEFIT IN ALL THE WAY. SO IT OUT OF MY INTEREST.

I INVOLVE THE TEACHERS COMING. THEY CAME. THEY COME ONCE A WEEK, HALF AN HOUR, AND THEY JUST GO.

SO I AM THE ONE, ONLY ONE LEAD TEACHER THERE.

I DON'T HAVE ASSISTANT TEACHER BECAUSE ACCORDING TO THE LAW IT IS ONE IS TWO EIGHT.

SO FOR EIGHT CHILDREN, ONE TEACHER. SO I AM THE ONLY TEACHER THERE.

SO THESE TEACHERS COME AND GO. SO THAT IS HOW AS THE.

FROM THE ZONING PERSPECTIVE, WE FOLLOW THE STATE LICENSE.

IF THE STATE LICENSES YOU AS A SCHOOL, YOU'RE A SCHOOL.

IF THE STATE LICENSES YOU AS NOW IT'S HOME BASED CHILD CARE, THEN THAT'S HOW WE TREAT IT UNDER THE ZONING.

YES, IT STATE LICENSE AND IT DEPENDS ON THE TEACHER'S INTEREST.

HOW DO YOU WANT YOUR FAMILY DAYCARE TO BE? IT SHOWS MY PASSION.

I WANT WHOEVER COME TO ME AS A CHILD IN MY CLASS.

I WANT THEM TO GET THE BEST. I DO MY BEST. SO THAT'S JUST TO ADD A POINT.

EVEN IN OUR CURRENT HOME, I THINK. THANK YOU FOR BRINGING THAT. WE HAVE A HOME 5404 BENNETT LANE WHERE WE LIVE AND EVEN IN THAT IT IS A THREE STORY.

THE FIRST FLOOR ENTIRE FLOOR IS USED FOR DAYCARE.

EVEN TODAY IT'S LIKE THAT ONLY WE USE THE KITCHEN. THE KITCHEN USED ONLY AT THE NIGHT BECAUSE IT'S FOR THE CHILDREN'S SAFETY.

WE LIVE IN THE BEDROOM, WHICH IS ON THE SECOND FLOOR.

AS I SAID, I HAVE A KNEE PROBLEM. WE WANT TO MOVE AND MY KID ALREADY COMPLETED COLLEGE FROM VCU.

ONE IS MOVING OUT. ANOTHER ONE IS IN A SENIOR THIS YEAR, SO HE'LL ALSO BE MOVING OUT.

SO FOR US, LIKE WE WANT TO KIND OF LIKE MOVE TO A SMALLER SPACE WHERE I WANT TO GO INTO RANCH MODEL GIVEN MY KNEE PROBLEM, I WANT TO DO A SURGERY. I WAS NOT ABLE TO DO THAT BECAUSE I NEED TO CLIMB ALL THOSE THINGS.

SO THOSE ARE THE REASONS. AND THIS IS LIKE NOT A PLACE WHERE WE ARE NOT GOING TO LIVE.

WE ARE LIVING THERE, WE WANT TO LIVE THERE. IT'S NOT LIKE KIND OF LIKE, AGAIN, THAT PLACE WE DIDN'T PUT FOR RENT.

AS I SAID, I HAVE ONE KID WHO IS GOING TO SENIOR.

ONCE HE MOVES OUT, THAT'S WHEN WE ARE GOING TO PUT THAT FOR RENT.

AND ADDING TO THAT, MY ELDER SON IS DOING MCAT, SO WE WANT HIM TO GIVE TIME, RELAX.

SO THESE ARE ALL YEARS. WE ARE THE CHILDREN IN THE HOME, SO WE WANT THEM TO HAVE HIS OWN TIME AS A MOM, AS A DAD, AS A PARENT. SO, SO THEY HAD YOU, I THINK, ANSWERED THAT QUESTION.

YOU HAD THE LARGER HOUSE IN WINDHAM, AND YOU'RE GOING TO RENT THAT HOUSE TO GO INTO THE SMALLER PLACE AND YOU BASICALLY ARE MOVING THE, YOU KNOW, ARE YOU GOING TO KEEP THE PEACOCK MONTESSORI? NO NO NO, WE WE ALREADY WE ARE NOT GOING TO DO ANYTHING THERE.

IT WILL BE MOVED HERE. YEAH. I JUST WANT TO ADD SO I SPOKE WITH THE LICENSED PEOPLE THERE.

SO AFTER THEY ARE GIVING THE PERMISSION. SO THEY SAID FINE, WE CAN HAVE THEM.

THAT'S WHY I STARTED ADVERTISING IN THE NEW ADDRESS BECAUSE THE PARENTS WANTS TO COME IN AUGUST.

I DON'T WANT TO LET THEM BECAUSE THEY ARE. WE ARE IN DEMAND. THEY WANT TO COME.

OKAY, SO I STOPPED WITH THAT. SO YEAH, THAT'S WHY I STARTED ADVERTISING WITH THE NEW ADDRESS AFTER GETTING PERMISSION FROM THE INSPECTOR.

SO PEOPLE WERE GETTING SCHOOL VERSUS DAYCARE.

THEY JUST KEEP COSTS AND WHAT IT IS. SO WE GET A LOT OF CONFUSION OVER THAT.

YEAH. EVEN IN THIS THREE THREE BEDROOM HOUSE.

SO THE THREE BEDROOM IS LIKE SET AS A BEDROOM.

THE KITCHEN KIDS CAN'T USE THAT. SO IT'S LIKE IT'S SEPARATE.

NO, I'M JUST SAYING FOLKS ARE GETTING CONFUSED WITH DAYCARE, SCHOOL, DAYCARE.

I THINK IT'S STILL A SCHOOL BECAUSE YOU'RE TRYING TO HELP THEM AND TEACH THEM SOMETHING.

SO I, I SEE WHAT'S GOING ON. AND IF YOU DON'T MIND, CAN I SHOW YOU A PICTURE? I THINK THERE WAS A CONCERN. ONLY ONE CAR CAN COME IN.

THERE CAN BE TWO CARS THAT CAN COME IN. I HAVE A PICTURE OF THAT.

DESCRIBE IT, SINCE IT WON'T BE IN THE RECORD IF YOU JUST SHOW IT. OH, OKAY.

OKAY. SO THIS IS LIKE THE HOW WIDE IS THE DRIVEWAY? THE DRIVEWAY IS LIKE, I THINK IT'S 12FT, BUT THERE ARE LIKE TWO FEET ON BOTH THE SIDE WHERE THEY PUT SOME GRAVEL KIND OF THING.

SO I SPOKE WITH THE OWNER, HE SAID, WE CAN DRIVE ON THE GRASS.

HE'S LIKE, YES, HE IS NOT OPPOSED TO THAT. SO IF YOU LOOK AT THE SIDES, SO IT'S ALREADY THEY USED FOR THAT.

SO IT'S NOT IT'S NOT GOING TO HAVE JUST ONE DRIVEWAY.

AND I THINK SOMEONE RAISED THE CONCERN. THERE'S NO ROUNDABOUT THERE.

ACTUALLY. YOU CAN DO A ROUNDABOUT WHICH IS LIKE A 36FT BY 50FT, AND YOU CAN PARK FIVE CARS IN THE BACK.

I, AS I SAID, LIKE WE HAD A HOME PARTY, WE PARKED FIVE CARS HERE AND BEHIND THE FENCE.

YOU CAN PARK YOUR CAR. WE ARE NOT GOING TO USE THE BEHIND THE FENCE.

JUST WANT TO LET YOU KNOW. SO THE HOUSE AND WYNDHAM IS STILL IN YOUR OWN.

YOU SAID YOU'RE GOING TO RENT. IS IT YOUR INTENT TO EVENTUALLY BUY? TRY TO BUY THIS HOUSE OR THIS HOUSE? INITIALLY WHEN IT WAS FOR SALE.

WE WERE PLANNING TO BUY IT. SO AT THAT TIME WE COULDN'T GET THIS ONE BECAUSE SOMEONE QUOTED A HIGHER PRICE, SO WE DIDN'T GET THIS ONE. THEN WE WERE PLANNING TO MOVE BECAUSE AT THAT TIME WE FELT THIS WAS A BAD PLACE FOR US TO MOVE.

[01:20:03]

I LIKE AGRICULTURE, SO I WANT TO DO THIS. SO BUT BUT IT'S NOT OUR HOUSE.

WE HAD MENTIONED VERY CLEARLY IT'S SOMEONE ELSE.

BUT AGAIN, LIKE, AS I SAID, IT'S NOT A PLACE WHERE WE ARE GOING TO KIND OF LIKE RUN A DAYCARE OR SOMETHING LIKE THAT.

THIS IS A PLACE WHERE WE ARE GOING TO LIVE, AND IN THREE YEARS, YOU PLAN TO MOVE TO COMMERCIAL SPACE AND MOVE FROM IT.

DOES THE DAYCARE? DOES THE DAYCARE? DOES THE SCHOOL ALONE? WE ARE MOVING THIS PLACE. I LOVE, LOVE THIS PLACE.

SO PEOPLE SAY THAT. WHY ARE YOU TAKING THIS MUCH CARE? IT'S LIKE, I DON'T NEED TO DO THAT FOR A DAYCARE.

IT'S. IT'S LIKE WE RENOVATE ANYTHING INSIDE THE HOME.

I MENTIONED VERY CLEARLY NO RENOVATIONS INSIDE THE HOME. WE MADE A FENCE.

YES, WE DID INVESTMENT FOR THAT. WE CLEARED THE YARD.

YES, I DID THAT. AND APART FROM THAT, WE DID NOT MAKE ANY OTHER KIND OF ADDITIONS TO THAT.

WE HAD ADDED KIND OF LIKE A HOME SECURITY BECAUSE WE FEEL LIKE WHO IS COMING IN, WHO'S GOING OUT THAT WILL BE MONITORED IN THE WAY WE RUN THE SCHOOL, EVEN KIND OF LIKE A DAYCARE. WHAT WE DO IS LIKE WHENEVER SOMEONE COMES IN, THEY CAN JUST DROP THEM IN THE ROAD AND WALK.

THEY NEED TO DROP BECAUSE IT'S A SAFETY CONCERN.

SO THEY NEED TO KIND OF LIKE, COME DROP THE KID THEY NEED, THEN THEY NEED TO PICK.

SO NO ONE WOULD BE LIKE, CAN PARK IN THE SPRING FIELD? IT'S 140FT ROAD. THEY CAN PARK THERE AND COME IN.

SO THEY WILL COME HERE. THEY NEED TO PARK. SO THE HOUSES YOU HAVE TO UNDERSTAND THAT YOU HAVE A CHILD THAT'S A SENIOR WHEN YOU GRADUATE, YOU'RE GOING TO MOVE. IS HE STAYING AT THAT HOUSE OR HE'S MOVING WITH YOU? IT'S GOING TO BE A MIXED KIND OF THING. EVEN THOUGH I SAID HE'S GOING TO LIVE WITH US.

RIGHT? SO I DID NOT SAY THAT HE'S NOT GOING TO LEAVE BECAUSE I WANT TO BE VERY TRANSPARENT. MY OLDER KID IS LIVING THERE.

MY COUSIN WHO TRAVELS HERE, HE LIVES THERE. SO THEY THREE WOULD LIVE THERE.

THE YOUNGER ONE, HE'S HERE WITH ME. SO HE WOULD KIND OF LIKE COME HERE.

BUT AGAIN, I STILL QUOTED THAT IT'S A FAMILY OF TWO AND ONE BECAUSE WHAT'S HAPPENED IS BECAUSE HE'S IN HIGH SCHOOL.

YEAH. HE'S IN. I WANT TO KEEP HIM IN THE SAME HIGH SCHOOL.

YEAH, YEAH, YEAH, I HAVE THAT SAME MY NEIGHBOR IS DOING THE SAME THING.

THEY ALWAYS SAID THAT WHEN A CHILD GRADUATES, THEY'RE GOING TO MOVE AND THEY, THEY'RE DOING IT.

THEY'VE ALREADY SOLD A HOUSE. SO YEAH, IT'S THE SAME WHAT YOU DO WITH THAT, WITH YOUR SON.

YEAH. SO PEACOCK IS JUST A DESIGNATION THAT IS NOT A SCHOOL.

YEAH, I THINK IT'S AN EVEN WHEN WE ARE REGISTERED, WE ARE REGISTERED AS A DAYCARE DBA.

YOU CAN USE A DBA THAT'S CALLED THE PEACOCK MONTESSORI.

YEAH. EVEN IN THAT LICENSE THAT'S WHAT WE HAVE. SO WE USE THE NAME PEACOCK MONTESSORI.

SHE'S A KIND OF MONTESSORI SCHOOL TEACHER. SHE IS CERTIFIED FOR THAT.

SHE SHE RUNS LOVES RUNNING IN A MONTESSORI WAY.

I UNDERSTAND THANK YOU, THANK YOU, THANK YOU, THANK YOU, THANK YOU.

ANSWER THAT QUESTION. DO YOU HAVE DO YOU HAVE A COMMENT YOU WANT TO MAKE, MR. BROADWAY? OH, I JUST SUPPOSE OVERALL I ALWAYS RESPECT THE THE STAFF'S RECOMMENDATIONS, BUT IN THIS CASE, I'M JUST CONCERNED THAT APPROVAL WOULD NOT BE IN THE IN THE BEST INTEREST OF THE LARGER COMMUNITY. THANK YOU, MR. BROADWAY. I DID ALSO HAVE A QUESTION OF STAFF.

SO THE TRAFFIC ENGINEER LOOKED AT THIS MR. GIGLI AND AND DID THEY RAISED ANY CONCERNS ABOUT THE TRAFFIC ISSUES? PUBLIC WORKS DID NOT RAISE ANY CONCERNS. I ACTUALLY ASKED THEM THE TRAFFIC COUNT.

AND RIGHT OFF THE TOP OF MY HEAD, I BELIEVE THEY SAID 8000 VEHICLE TRIPS PER DAY.

BUT WHERE THERE'S A HIGH SCHOOL BUS STOP RIGHT AT THIS INTERSECTION, I DON'T KNOW WHETHER PUBLIC WORKS WOULD BE OR NOT.

DOES ANYBODY ELSE IN THE BOARD HAS ANY COMMENTS? OKAY.

YEAH. IS THERE ANYONE ELSE WHO WISHES TO SPEAK? OKAY. SO OKAY, WE'RE GOING TO CLOSE THE PUBLIC HEARING. MR. GREEN. NO. I'M OKAY. OKAY. I SHARE THE SAME CONCERNS MR. BROADWAY HAVE. I THINK THIS IS A GENERALLY SPEAKING, IT'S PROBABLY A PRETTY GOOD LOCATION FOR FOR DAYCARE CENTER.

I VIBE ALL THE PROPERTY I'M FAMILIAR WITH. I DRIVE BY THERE EVERY DAY. I INSPECTED BEHIND THE PROPERTY.

IT LOOKS LIKE A NICE PLAN THAT'S BEEN PRESENTED, BUT I'VE GOT CONCERNS ABOUT THE TRAFFIC.

I'VE GOT CONCERNS THAT WE HAVE NEIGHBORS THAT WHETHER IT'S TRUE OR NOT, PERCEIVE THIS AS BEING A SCHOOL AND RUNNING MORE LIKE A COMMERCIAL ENTERPRISE, I'M CONCERNED THAT THE APPLICANT DOES NOT OWN THE PROPERTY AND WE DON'T KNOW IF THEY'RE GOING TO BE THERE A YEAR OR TWO YEARS OR THREE YEARS.

AND YOU KNOW, THE CASES WE'VE HAD BEFORE US, I RECALL AT LEAST THE ONES RECENTLY HAVE BEEN PEOPLE, FOLKS THAT HAVE GENERALLY EITHER BEEN OPERATING IN THE HOME WITH FIVE CHILDREN OR, YOU KNOW,

[01:25:03]

I'M CONCERNED ABOUT THE, THE, THE PUBLIC UTILITY ISSUE, DESPITE THE STAFF NOT SUGGESTING A REQUIREMENT TO HOOK UP TO A PUBLIC SEWER, I JUST. I QUESTION. I'M FAMILIAR SOMEWHAT WITH HOW THE DRAIN SYSTEMS IN THAT AREA HAVE WORKED.

I'M NOT REAL COMFORTABLE WITH THAT. 1212 KID OPERATION.

PLUS A FAMILY IS GOING TO BE ABLE TO ACCOMMODATE BY THE DRAINAGE SYSTEM.

SO HAVING HAVING MADE THOSE COMMENTS. GO AHEAD, GO AHEAD AND MAKE THE MOTION FIRST.

YEAH. SO I'M GOING TO GO AHEAD AND MAKE A MOTION THAT WE DENY THIS CONDITIONAL USE PERMIT.

CONCERNED ABOUT THE DROP OFF AND PICK UP MAY CAUSE TRAFFIC CONCERNS WITH TERRORISTS.

WE'VE HAD SEVERAL HOMEOWNERS BOTH IN THE SPRINGFIELD FARM SUBDIVISION RIGHT ACROSS THE STREET, INCLUDING THE PRESIDENT OF THE ASSOCIATION. WE'VE HAD THE ADJOINING PROPERTY NEIGHBOR THAT HAVE EXPRESSED CONCERNS.

THAT'S MY MOTION FOR A SECOND. I'LL SECOND. DISCUSSION.

DISCUSSION. THE I THINK THEY INDICATED. I THINK THEY MADE SOME CLARIFICATION.

ONE THING THAT I HEARD IS THAT IF IF HE YOU COULD HAVE BOUGHT THE PROPERTY, YOU WOULD HAVE BOUGHT THE PROPERTY.

AND I GUESS IF THE PROPERTY COMES BACK UP FOR SALE, YOU MIGHT POTENTIALLY BUY THE PROPERTY.

AND THEN WHAT I ALSO HEARD WAS THAT IF THEY DON'T INTEND FOR THE NEXT TEN YEARS OR FIVE YEARS TO USE IT AS THE PEACOCK MONTESSORI, BECAUSE THEY'RE GOING TO BE LOOKING FOR A ANOTHER LOCATION.

SO IF THEY MOVE. SO, SO HE ALSO INDICATED THAT THEY'RE MOVING FROM WYNDHAM BECAUSE IT'S THREE STORY BECAUSE THEY WANT A RANCHER.

AND I UNDERSTAND THAT. AND THEN MOVING THE CURRENT KIDS FROM WYNDHAM OVER TO THIS LOCATION.

I UNDERSTAND THAT IN TERMS OF THE SEPTIC, IT SEEMS MR. SEPTIC AND THE WATER ARE SUFFICIENT BASED ON PUBLIC WORKS.

AND THEY DON'T REALLY NECESSARILY HAVE ANY CONTROL OVER THAT.

THAT'S THEY DON'T HAVE CONTROL. AND THAT'S WHAT CONCERNS ME, MR. GREEN. RIGHT. BUT, BUT, BUT IT SEEMS LIKE THEY DID, THEY SEEM TO HAVE MADE SIGNIFICANT IMPROVEMENTS.

AND I GUESS THE QUESTION I'M NOT TRYING TO CHALLENGE ANYBODY, BUT IF ANYBODY SEPTIC OR SEWER BACKED UP, DO YOU JUST FIX IT? I MEAN, THAT'S JUST A. WELL, UNFORTUNATELY, IT COMES BACK TO THE COUNTY. I'VE SEEN THIS HAPPEN TOO MANY TIMES. AND THE FINGER IS POINTED AT THE COUNTY SEPTIC. YES. SO SO IF SOMEONE HAS A SEPTIC ON THEIR ON THEIR ON THEIR PROPERTY, IT NEEDS TO BE REPAIRED. HOW IS IT? I'M JUST TRYING TO UNDERSTAND HOW DOES IT COME BACK? WE HAVE PEOPLE IN OUR EXPECTING US TO BE A DAYCARE OPERATION.

AND ALL OF A SUDDEN THERE'S A SIGN UP. WE CAN'T WE HAVE TO SHUT DOWN BECAUSE OUR SYSTEM IS NOT FUNCTIONING PROPERLY, AND THEY'RE GOING TO COME BACK TO THE COUNTY AND SAY, WELL, WHY? YOU KNOW, WHY DID YOU LET THIS OPERATION.

YOU APPROVE THIS OPERATION WITH A WITH A UTILITY SYSTEM THAT'S NOT SUFFICIENT.

SO, SO SO THEY WOULDN'T. SO THE SEPTIC WENT OUT.

SOMEONE WOULDN'T FIX IT WITHIN A DAY OR SO. CALLED THE SEPTIC COMPANY TO SAY IT'S NOT A MATTER OF FIXING IT.

IT'S A MATTER OF CAPACITY. AND MOST SEPTIC SYSTEMS ARE DESIGNED FOR 2 OR 3 BEDROOM HOMES.

SHOULD WE TRUST WHAT THE COUNTY PROFESSIONALS SAY? THEY SAY IT'S FINE. I DO TRUST THEM. AND THEY SAID IT WAS FINE.

YEAH, I THINK THEY ASKED TO DO. A PUBLIC WORK.

I'M SORRY. PUBLIC UTILITIES RECOMMENDATION WAS THEY CONNECT BUT SAID THEY WERE NOT GOING TO MANDATE IT.

IN WHICH CASE IT KICKS OVER TO THE HEALTH DEPARTMENT.

AND ONE OF OUR CONDITIONS IS THEY HAVE TO WORK WITH THE HEALTH DEPARTMENT TO ENSURE THAT THE SEPTIC SYSTEM IS SUFFICIENT TO HANDLE THE ADDITIONAL LOAD.

SO HOW SO? HOW ARE THEY GOING TO DO THAT? IS IT ARE THEY GOING TO KEEP IT CLEAN BECAUSE YOU JUST BASICALLY PRETTY MUCH KEEP THEM CLEAN OUT AND ALL THAT. I MEAN WHAT DOES THAT MEAN? THEY, THEY HAVE TO, AS A GENTLEMAN INDICATED, THEY HAVE TO HAVE A THIRD PARTY ENGINEER COME IN. AND THEY WERE, THEY SUBMIT TO THE HEALTH DEPARTMENT THAT IF I UNDERSTAND IT CORRECTLY.

MR. BLANKENSHIP AND THEN THE HEALTH DEPARTMENT REVIEWS THE FINDINGS AND DETERMINES WHETHER OR NOT THAT'S SUFFICIENT OR NOT.

AND IF NOT, THEN RECOMMENDS, YOU KNOW, ADDITIONAL IMPROVEMENTS.

YEAH. THEY'LL DO A THOROUGH INSPECTION AND PROVIDE A REPORT THAT THE HEALTH DEPARTMENT WILL REVIEW.

[01:30:01]

THEY'RE IN THE PROCESS OF DOING THAT, HE SAID.

I DON'T UNDERSTAND SEPTICS. THAT'S FINE. YOU RAISED SOME GOOD POINTS.

YEAH, THAT'S JUST ONE OF THE CONCERNS. BUT I'VE ALSO GOT CONCERNS ABOUT THE TRAFFIC. I'VE GOT CONCERNED THAT THERE SEEMS TO BE A LOT OF OPPOSITION IN THE COMMUNITY.

I THINK WE HAVE TO UNDERSTAND, HAVE TO LISTEN TO WHAT THE RESIDENTS ARE SAYING AS WELL.

I THINK IT'S YOU KNOW, THE PLAN ITSELF, I THINK IS A GOOD PLAN.

I THINK IF YOU KNOW THE APPLICANT, IF THEY OWN THE PROPERTY, THEY HAD CONTROL OVER THE UTILITIES THERE.

AND THERE IS GOING TO BE SOME CONCERN, I THINK, ABOUT THE INGRESS AND EGRESS BECAUSE IT'S NOT A TURNAROUND.

DRIVEWAY IN SPRINGFIELD ROAD IS GETTING BUSIER AND BUSIER.

THERE'S A LOT OF ACCIDENTS THAT HAPPEN UP AT THAT INTERSECTION WHERE SPRINGFIELD TURNS RIGHT AROUND THE CORNER THERE.

SO ANYWAY, I'M CONFLICTED ON THE CASE. AND, YOU KNOW, I THINK THESE FOLKS HAVE MADE A GOOD PRESENTATION, BUT I THINK WHAT THEY'RE LOOKING FOR IS BASICALLY A STOPGAP MEASURE TO RUN A COMMERCIAL DAYCARE CENTER.

AND I DON'T THINK THEY'RE GOING TO BE INVESTED FOR THE LONG TERM.

SO I'VE MADE THE MOTION. IF THERE'S ANYONE THAT WISHES A SECOND AND I'LL ENTERTAIN A SECOND.

SECONDED. OKAY. ALL IN FAVOR OF THE MOTION, SAY AYE.

AYE AYE. ALL OPPOSED? SAY NO. NO. ALL RIGHT. LET'S TAKE A ROLL CALL, MR. JOHN. OKAY. MR. GREEN? NO. MR. MASSEY, NO. CHAIRMAN SAYS NO.

MR. BROADWAY I'M IN FAVOR OF MR. JOHNSON. NO.

OKAY, SO THE MOTION CARRIES. MOTION FAILED MOTION.

MR. JOHNSON, WHERE'S YOUR VOTE, MR. JOHNSON? I'M SORRY.

THE MOTION IS TO DENY MOTION DENIED. YES. OKAY.

YES. AND YOU VOTED NO. OKAY. THE MOTION. THE MOTION FAILS.

THE THE CASE IS APPROVED. NO. NO ACTION HAS BEEN TAKEN.

I NEED A MOTION. MOTION. OKAY. I'M SORRY, I'M SORRY.

OKAY, I'LL SUSPEND MY MOTION. THE MOTION FAILS.

THAT MOTION IS OKAY. I MOVE THAT WE APPROVE THIS CONDITIONAL USE PERMIT, SUBJECT TO THE CONDITIONS RECOMMENDED BY THE STAFF.

IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND ZONING ORDINANCE.

THE DRIVEWAY APPEARS TO BE ADEQUATE FOR DROP OFF AND PICK UP.

HOME BASED CHILD CARE IS A BENEFIT TO THE NEIGHBORHOOD.

OKAY, WE HAVE A MOTION BY MR. MASSEY. WE HAVE A SECOND BY MR. GREEN.

ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED? NO. NO.

MOTION IS APPROVED. AND CONDITIONAL USE PERMIT.

THE MOTION CARRIES AND THE CONDITIONAL USE PERMIT IS APPROVED.

THANK YOU. THANK YOU. YES, SURE. LET'S TAKE A FIVE MINUTE BREAK.

THANK YOU. GOOD NEWS IS, THAT'S THE HARDEST CASE UNTIL WE GET TO THE.

THANK YOU. THANK YOU EVERYONE. THANK.

[01:42:38]

[8. CUP-2026-101471 Tuckahoe Perry DesJardins for John and Linda Pace: conditional use permit to build a detached accessory dwelling unit at 313 Tarrytown Drive, Sleepy Hollow, Tuckahoe. Parcel 750-737-9114. Zoning: R-1, One-Family Residence District. Code Section: 24-4406. ]

[01:42:42]

CONDITIONAL USE PERMIT TO BUILD A DETACHED ACCESSORY DWELLING UNIT AT 313 TARRYTOWN DRIVE IN SLEEPY HOLLOW IN THE TUCKAHOE MAGISTERIAL DISTRICT.

BUT ANYONE WHO INTENDS TO SPEAK TO THIS PIECE CAN BE SWORN IN.

RAISE YOUR RIGHT HAND, PLEASE. DO YOU SWEAR THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES. THANK YOU, MR. RASMUSSEN. THANK YOU, MR.. MR. CHAIR. WE ALSO LEFT A LETTER, AN ACTUAL PHYSICAL LETTER THAT CAME IN THE MAIL IN SUPPORT OF THIS CASE.

WELL, YES. ALL RIGHT. MISS ROSMAN ON THE SUBJECT.

PROPERTY IS LOCATED AT 313 TERRYTOWN DRIVE, 540FT FROM SLEEPY HOLLOW ROAD IN THE TUCKAHOE MAGISTERIAL DISTRICT.

THE 1.2 ACRE LOT IS IMPROVED WITH A 3208 SQUARE FOOT HOME BUILT IN 1957.

THE HOMEOWNER PURCHASED THE PROPERTY IN 2009.

THE PROPERTY AND AREA AROUND IT ARE ZONED R1.

ONE FAMILY RESIDENCE CONSISTS, CHARACTERIZED BY SINGLE FAMILY HOMES ON LOTS RANGING FROM ONE ACRE TO ONE AND A HALF ACRES IN SIZE.

THE APPLICANT IS SEEKING A CONDITIONAL USE PERMIT ON BEHALF OF THEIR CLIENT TO BUILD AN ACCESSORY STRUCTURE IN THE SIDE YARD.

THE ACCESSORY STRUCTURE WILL BE A TWO CAR GARAGE ON THE FIRST FLOOR AND AN ADU ACCESSORY DWELLING UNIT ON THE SECOND FLOOR.

THE CONCEPT PLAN PROVIDED BY THE APPLICANT SHOWS THE ACCESSORY STRUCTURE LOCATED IN THE RIGHT SIDE YARD, 13FT FROM THE SIDE LOT.

LINE, 24FT FROM THE PRIMARY DWELLING, 80FT FROM THE REAR PROPERTY LINE AND 108FT FROM THE FRONT PROPERTY LINE AT TARRYTOWN DRIVE.

THE PROPOSED ADU WOULD BE LOCATED ABOVE THE TWO CAR GARAGE AND MEASURE 691FT², WHICH IS UNDER THE 800FT² PERMITTED FOR AN ADU ON THIS LOT.

THE PAVED DRIVEWAY SHOULD HAVE PLENTY OF ROOM TO ACCOMMODATE AN ADDITIONAL VEHICLE.

MATURE TREES THROUGHOUT THE PROPERTY PROVIDE NATURAL BUFFER TO THE ADJACENT NEIGHBORS.

THE PROPOSED ADA WOULD BE SUBORDINATE TO THE PRIMARY DWELLING AND RESIDENTIAL IN CHARACTER.

THE LOCATION OF THE PROPOSED BUILDING SHOULD HAVE NO DETRIMENTAL IMPACT ON THE SURROUNDING NEIGHBORS. STAFF RECEIVED ONE EMAIL IN SUPPORT OF THIS REQUEST FROM THE NEIGHBOR DIRECTLY

[01:45:06]

THANK YOU, MISS ROSS. ANYBODY FROM THE BOARD HAVE ANY QUESTIONS? MR. ROSS? I DID HAVE ONE, MISS ROSS. YES, SIR. SO IF THE APPLICANT WERE REQUESTING ONLY A GARAGE WITHOUT THE ADU, WOULD THAT STILL REQUIRE A CONDITIONAL USE PERMIT? IT'S STILL IN THE SIDE YARD. SO IT WOULD STILL REQUIRE CONDITIONAL USE PERMIT WHERE THEY WOULD HAVE HAD TO COME HERE.

YES. SO IN THIS CASE IT'S KIND OF A COMBINATION REQUEST I GUESS.

RIGHT. IT'S A GARAGE REQUEST AND AN ADU, SO IT'S KIND OF LIKE A 2 IN 1.

YEAH, YEAH. I MEAN, YOU KNOW, IF THEY IF THEY PUT THE GARAGE IN THE REAR YARD, THEN THEY COULD JUST HAVE THE GARAGE.

OKAY. THANK YOU. ANY OTHER QUESTIONS FROM BOARD? OKAY. WE'LL HEAR FROM THE APPLICANT. NOW WHO IS I GUESS, MR. DESJARDINS. IS THAT RIGHT? HEY, JORDAN'S. I PRONOUNCE THAT CORRECTLY.

FRENCH TEACHER SAID DESJARDINS. DESJARDINS. I'M SORRY, I NEVER I NEVER TOOK FRENCH, SO EXCUSE ME FOR BUTCHERING THAT.

GOOD MORNING. IT'S UNIVERSAL. SO IT'S DESJARDINS.

DESJARDINS. OKAY. THANK YOU. VERY GOOD. THAT'S THE FRENCH SIDE.

THEN YOU HAVE THE ITALIAN AND THE SPANISH ARE SPELLED THE SAME WAY.

GOOD MORNING. PERRY DESJARDINS, DESJARDINS. SO THE PROJECT WE'RE REQUESTING THE CPU FOR STARTED TO EVOLVE FROM. IF YOU GO BACK TO AN EARLIER PHOTO THAT THEY HAVE THIS SHED THAT IS IN THE MIDDLE OF THEIR DRIVEWAY AT THE END.

IT'S KIND OF BEEN THIS LONG TERM PLAN SINCE I MOVED IN TO PUT A GARAGE IN THE POOL, WENT IN BEFORE THE GARAGE.

I'VE KNOWN THE FAMILY SINCE 2014 WHEN I DID THE INITIAL ADDITIONS OFF THE REAR.

IT CAME AS A SURPRISE TO ME AS WE WERE DOING APPLICATIONS BECAUSE THE CODES HAVE CHANGED WITH REGARD TO THE ZONING SETBACKS FROM 2014 WHEN WE WERE DOING INITIAL SITE PLANS FOR DETACHED GARAGE. SO OUR NATURAL EVOLUTION WAS TO KEEP THEM MARRIED AND HAVE A YOU GO TO THIS BUILDING.

SO SO IT WAS JUST KIND OF MORPHED. AND THEN AS I WORKED WITH THE ZONING AND PLANNING WE KIND OF TRIED TO FIGURE OUT THE SWEET SPOT WHERE TO PUT THIS BUILDING BECAUSE INITIALLY WE HAD SETBACKS THAT PUT US BEHIND THE INITIAL ADDITIONS, BUT WE FELT THAT IT STARTED TO ENCROACH A LITTLE TOO FAR BACK AND INCREASED WHAT I CALL IMPERVIOUS SOIL CONDITIONS BY MOVING THE DRIVEWAY BACK.

SO WE TRIED TO NEST IT, SO IT BECAME A COMPLIMENT.

WE RECOGNIZE PATTERNS OF URBAN DEVELOPMENT, AND WE WANTED IT TO ALIGN WITH THE FABRIC OF THE NEIGHBORHOOD.

AND IF YOU GO BACK TO ONE OF THE EARLIER SLIDES, YOU COULD SEE THE SCHOOL BUS RIGHT NEXT DOOR.

AND INITIALLY WE WANTED TO SCREEN THAT, BUT WE FELT THAT THE BUS WOULD EVENTUALLY MOVE IN HISTORY, BUT THE BUILDING WOULDN'T. SO THE FOOT WE ARE IN THE FOOTPRINT, THE LOCATION THAT WE FELT WOULD BE THE MOST IDEAL FOR THEIR FAMILY NEEDS. IT'S A GOOD REVIEW. ANYBODY ON THE BOARD HAVE ANY QUESTIONS OF MR.? QUESTIONS? OKAY. THANK YOU SIR. WELL, THEN GO AHEAD AND OPEN UP THE PUBLIC HEARING.

IS THERE ANYONE ELSE IN THE AUDIENCE THAT WISHES TO SPEAK IN SUPPORT OF THIS CASE OR ANYONE ON WEBEX? THERE'S NO ONE ON WEBEX FOR THIS CASE. IS THERE ANYONE.

IN THE AUDIENCE THAT WISHES TO SPEAK IN OPPOSITION TO THIS CASE? I DON'T HEAR ANY. WE DID RECEIVE A LETTER IN THIS CASE.

YOU SAID. MR.. YES. THAT'S CORRECT. YES. THANK YOU.

IN SUPPORT AND SUPPORT. OKAY. AND I WILL CLOSE THE PUBLIC HEARING AND LEAVE IT TO MR. BROADWAY TO SEE IF YOU'RE READY TO MAKE A MOTION. I HAVE AN IRRELEVANT QUESTION ON THE LAST PHOTOGRAPH.

THE ONE THAT'S LABELED VIEW TO THE RIGHT OF THE NEIGHBOR.

IS THAT A BUS BEHIND THE TREE? YEAH, HE WAS JUST MENTIONING THEIR NEIGHBOR HAS A SCHOOL BUS.

WHAT IS THE NAME OF A SCHOOL BUS? IS THAT A REAL SCHOOL BUS OR A SCHOOL BUS DRIVER? WHITE IN COLOR? NO, WE'RE I HAVE NEVER HAD A CONVERSATION WITH A NEXT DOOR NEIGHBOR ON WHY THAT BUS WAS THERE, BUT IT JUST KIND OF BECOME AN ACHILLES HEEL FOR MY CLIENT.

AND WE OURSELVES WERE TRYING TO FIGURE OUT INITIALLY HOW TO SCREEN IT, BUT THAT KIND OF PUT THE GARAGE IN FRONT OF THE FACE OF THE HOUSE.

BUT WE FIGURED THAT THAT BUS EVENTUALLY MOVED, BUT IT'S BEEN THERE FOR A WHILE.

IS THAT IS THAT WE CAN HAVE SOMEBODY GO OUT AND TAKE A LOOK AT THAT NOW THAT IT'S BEEN NEIGHBOR'S PROPERTY.

[01:50:06]

WELL, HIS NAME IS STILL. CAN YOU TALK A SCHOOL BUS? IF YOU ARE A SCHOOL BUS DRIVER, YOU ARE ALLOWED TO BRING YOUR BUS TO YOUR HOME.

AS LONG AS IT'S NOT PARKED ON THE STREET OR IN THE FRONT YARD.

YOU CAN PARK ON THE SIDE YARD. WELL, BEFORE YOU TAKE UP THAT ISSUE, ALLOW ME TO GET MY BUILDING PERMIT.

I THINK IT'S IMPORTANT BECAUSE IF I WAS IN THAT, IF I WAS THE PERSON LIVING IN THAT HOUSE AND SOMEBODY AT A SCHOOL BUS, AND IT WAS REALLY NOT SUPPOSED TO BE THERE. I WANTED ALL THE HELP I CAN GET TO GET IT OUT OF THERE.

YOU KNOW, MY NEIGHBORHOOD AND THIS IS NOT YOU.

YOU ALL BRINGING THE ISSUE UP AS US BRINGING IT UP.

SO WHEN I SAID SOMETHING ABOUT SCHOOL BUS, YOU WERE SHAKE YOUR HEAD.

IS IT SHOULD IT? COULD IT CAN YOU PARK A SCHOOL BUS THERE? WE WILL LOOK INTO IT. MY CLIENT WOULD APPRECIATE THAT.

WELL, IT MAY BE THE NEXT DOOR NEIGHBOR'S PROPERTY, BUT IT MAY STILL BE A VIOLATION OF I MEAN, I DON'T WE'LL LOOK INTO IT. MY CLIENT IS VERY AMIABLE WITH ALL OF HIS NEIGHBORS.

SO HIS INTENT. YEAH. SORRY. GETTING A LITTLE MORE.

I'M READING SOME REASON OF CONCERN. I APPRECIATE THAT.

WE'RE NOT TRYING TO USE THAT TO OFFER WHAT YOU'RE PLANNING TO DO ON THIS PROPERTY. NO, MY MY MY CLIENT IS FOLLOWING MY LEAD.

AND SOME OF THE MEETINGS I GO INTO, I THINK I HAVE TO WEAR A TARGET SHIRT WITH A BULL'S EYE ON IT BECAUSE I KNOW I'M GOING TO TAKE HITS.

OKAY. DO YOU HAVE ANY MORE QUESTIONS? NO MORE OBSERVATIONS.

BUT I WOULD MOVE THAT WE APPROVE THIS CONDITIONAL USE PERMIT SUBJECT TO ANY CONDITIONS RECOMMENDED BY THE STAFF.

WE HAVE A MOTION BY MR. BROADWAY. IS THERE A SECOND? I SECOND? SECOND BY MR. MASSEY. ALL IN FAVOR, SAY AYE.

DISCUSSION. QUICK DISCUSSION. YOU WILL BRING IT BACK TO US NEXT MEETING.

THE LEGAL STATUS OF THAT SCHOOL BUS BEING THERE.

YES, SIR. I MADE A NOTE ON THE RECORD. IS THAT BECAUSE THE SCHOOL BUS IS ON? NO, IT'S ON A NEIGHBOR'S PROPERTY, BUT JUST WANTS A REPORT.

IT LOOKS TO ME IT LOOKS LIKE IT COULD BE A VIOLATION.

I JUST WANT A CLARIFICATION THAT HAS NOTHING TO DO WITH THAT INDIVIDUAL WARNING.

WHAT DO YOU WANT? I UNFORTUNATELY BECAME THE CAN OPENER WHEN I BROUGHT THAT UP.

ALL RIGHT. WE HAVE A MOTION BY MR. BROADWAY. A SECOND BY MR. MASSEY. ALL IN FAVOR, SAY AYE. AYE. AYE. ALL OPPOSED? NO. HEARING? NONE. THE MOTION CARRIES, AND THE CONDITIONAL USE PERMIT IS APPROVED.

GREAT. THANK YOU. THANK YOU. CLEARS THE CONDITIONAL USE PERMITS FOR THIS MORNING.

WE DO HAVE TWO VARIANCES. VARIANCE THAT HAS ALREADY BEEN DEFERRED.

[9. VAR-2026-101467 Corey Mathews: variance from the lot width requirement to build a single-family dwelling at 7740 Gill Dale Road, Varina. The applicant has 149 feet lot width where the Zoning Ordinance requires 150 feet lot width. The applicant requests a variance of 1 foot lot width. Parcel 839-690-1659. Zoning: A-1, Agricultural District. Code Section: 24-3204.D. Varina]

CORY MATTHEWS THE VARIANCE FROM THE LOT WITH REQUIREMENT TO BUILD A SINGLE FAMILY DWELLING AT 7740 GUILDHALL ROAD IN THE VARINA MAGISTERIAL DISTRICT.

WOULD EVERYONE WHO INTENDS TO SPEAK TO THIS CASE PLEASE STAND AND BE SWORN IN? RAISE YOUR RIGHT HAND. DO YOU SWEAR THE TESTIMONY YOU'RE ABOUT TO GIVE US THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? THANK YOU SIR.

THIS ONE'S FUN. THE SUBJECT PROPERTY IS LOCATED AT 7740 GILL DALE ROAD, A QUARTER MILE NORTH FROM DARBYTOWN ROAD AND THE VARINA MAGISTERIAL DISTRICT.

THE PROPERTY IS AN UNIMPROVED LOT WHICH ESTABLISHED IN 1964.

THE APPLICANT PURCHASED THE PROPERTY IN NOVEMBER OF 2025.

THE PLAN, SUBMITTED WITH THE VARIANCE APPLICATION SHOW A ONE STORY SINGLE FAMILY HOME POSITIONED 128FT FROM THE FRONT LOT LINE AND OVER 30FT FROM EITHER SIDE LOT LINE.

WHEN THE PROPERTY WAS DIVIDED IN 1964, THE PLAT AND LEGAL DESCRIPTION CALLED FOR IT TO BE 150FT WIDE.

HOWEVER, DUE TO A SURVEYING ERROR, THE BOUNDARIES OF THE PROPERTY WERE DESCRIBED INCORRECTLY.

IN 2014, A NEW SURVEY SHOWED THE PROPERTY AS 149.99FT WIDE.

THE FRONT AND 148.84FT WIDE IN THE REAR LOT LINE.

BECAUSE THE SIDE LOT LINES CONVERGE SLIGHTLY, THE WIDTH IS MEASURED AT.

THE SETBACK LINE IS 149.8FT. BECAUSE THE ISSUE REPRESENTS A POTENTIAL CLOUD ON THE TITLE, THE APPLICANT IS WISE TO HAVE IT ADDRESSED.

STAFF EVALUATED THE THRESHOLD REQUIREMENTS FOR A VARIANCE, DETERMINED THAT ALL LEGAL TESTS WERE SATISFIED. THERE'S NO OTHER USE OF THIS PROPERTY.

IT WOULD MEET THE LOT WITH IF IT WERE NOT, YOU KNOW, 2/10 OF AN INCH TOO SHORT.

THE PROPERTY CONTAINS OVER 45,000FT² OF AREA.

IT IS 149.99FT WIDE IN THE FRONT AND 149.8FT WIDE AT THE REAR.

IT IS WIDE ENOUGH TO ACCOMMODATE A DWELLING WITH COMFORTABLE FRONT AND REAR YARDS.

[01:55:04]

IT WOULD BE UNREASONABLE TO PROHIBIT THE ONLY BENEFICIAL USE WITH SUCH A MINIMAL DISCREPANCY.

THE HARDSHIP WAS NOT CREATED BY THE APPLICANT. THE EXISTING LOT DIMENSIONS WERE ESTABLISHED PRIOR TO THE APPLICANT'S PROPOSED DEVELOPMENT. THE APPLICANT IS REQUESTING A MINIMUM VARIANCE NECESSARY TO ADDRESS THE EXISTING DIMENSIONAL DEFICIENCY.

SINCE ALL THRESHOLD TESTS ARE MET, STAFF RECOMMENDS APPROVAL OF THIS REQUEST, SUCH AS THE CONDITIONS INCLUDED IN THE STAFF REPORT.

AND I CAN ANSWER ANY QUESTIONS. THANK YOU, MISS ROSS. ARE THERE ANY QUESTIONS FOR MISS ROSS? HEARING NONE, WE WILL OPEN THE PUBLIC HEARING.

IS THERE ANYONE IN THE AUDIENCE ON WEBEX THAT WISHES TO SPEAK IN SUPPORT OF THIS CASE? YEAH. IS THERE ANYONE, APPLICANT OR THE APPLICANT? I'M SORRY. NOT THE PUBLIC HEARING. THE APPLICANT.

I DIDN'T GET MUCH SLEEP LAST NIGHT. SIR. I'M SORRY. ZONING OUT.

PLEASE COME TO THE PODIUM. AND YOU ARE, MR. MATTHEWS? YES, SIR. OKAY. DIDN'T MEAN TO EXCLUDE YOU, MR. MATTHEWS. AND ONE T IN MATTHEWS IS CORRECT. NO, IT'S ACTUALLY TWO.

OKAY. IT WAS 2 IN 1 PLACE AND 1MATTHEWS. ALL RIGHT.

THANK YOU, SIR. YOU CAN GO AHEAD AND JUST MAYBE COMMENT ON YOUR CASE.

OH YES, SIR. I PURCHASED THIS PROPERTY LIKE YOU SAID LAST YEAR AND WHEN I GOT ALL MY INSPECTIONS AND A LOT LINES AND EVERYTHING. IT WAS APPROVED FOR A THREE BEDROOM, TWO AND A HALF BATHROOM HOME.

I HAD NO CLUE THAT 149 EIGHTH OF AN INCH WAS OFF.

I DIDN'T KNOW I WOULDN'T HAVE PURCHASED IT, KNOWING THAT IT WAS AN EIGHTH OF AN INCH OFF OF BEING ABLE TO BUILD HIS HOME.

LIKE I SAID, I GOT ALL THE PERMITS, I GOT ALL MY.

PLANS AND EVERYTHING ALREADY EVALUATED AND UP TO DATE UP TO CODE.

IT'S JUST MISSING AN EIGHTH OF AN INCH. I APPRECIATE YOUR TRYING TO DO THE RIGHT THING WITH US. IT'S AN EIGHTH OF AN INCH AT THE FRONT PROPERTY LINE.

WE MEASURED THE LOT WIDTH AT THE SETBACK AND IT'S 2.5IN THERE.

SO 2.5IN OUT OF 150FT. LET ME SEE YOU EYEBALL THAT.

RIGHT. BUT SURVEYORS MAKE MISTAKES, TOO. NONE OF US ARE PERFECT.

RIGHT. OKAY. ANY OTHER QUESTIONS FROM THE BOARD FOR MR. MATTHEWS? THANK YOU, MR. MATTHEWS. THERE'S ONE SPEAKER ON WEBEX.

OKAY. STAFF, CAN WE CONNECT THE WEBEX PARTICIPANT? ARE YOU STILL THERE? ARE WE ON MUTE? WE'RE NOT HEARING ANYTHING IN THE ROOM.

DO YOU KNOW WHO THAT IS? NO, NOT IT COULD BE THE CONTRACTOR.

OH, YES. YES. OKAY. YES. THE CONTRACT. YES, SIR.

OKAY. YES, SIR. HE TOLD THAT THEY'VE BEEN TOLD THAT THEY WERE IN SUPPORT.

YEAH. IT'S APPARENTLY MR. MATTHEWS CONTRACTOR.

YES. OKAY. WELL, I DON'T THINK THIS CASE REQUIRES MUCH DISCUSSION.

I THOUGHT SINCE YOU TOOK THE TIME, HE STAYED ON FOR TWO HOURS.

FOR TWO HOURS. BUT WE ALL AT LEAST GIVE HIM A COUPLE OF MINUTES.

BUT IF NOT, I THINK WE'RE GOOD. WE HAVE ATTEMPTED TO UNMUTE FOR SOME REASON WE'RE NOT ABLE TO HEAR.

I GUESS THAT'S JUST THE TECHNOLOGY. BUT WE WERE TOLD THAT THEY WERE IN SUPPORT.

OKAY, WELL, IT'S YOUR CONTRACT. YES, YES, IT WORKS FOR YOU.

SO. YES. OKAY. ALL RIGHT. WE'LL MOVE FORWARD THEN AND HAVE.

A COUPLE OF INCHES. I DON'T SEE. TWO INCHES. YEAH.

JESUS. ANY SITUATION LIKE THAT WHERE IT COULD HAVE BEEN SOMEONE FORGET.

RIGHT. RIGHT. IS THAT MR.. MOTION. MR. JOHNSON.

MOTION. MOTION. I MOVE THE. I MOVE THAT WE APPROVE THE SUBJECT TO CONDITION.

RECOMMENDED. THANK YOU. WE HAVE A MOTION BY MR. JOHNSON. A SECOND BY MR. BROADWAY TO APPROVE THE VARIANCE.

ALL IN FAVOR, SAY AYE. ANYONE OPPOSED? SAY NO.

HEARING NONE, THE MOTION CARRIES AND THE VARIANCE IS APPROVED.

ALL RIGHT. THANK YOU. THANK YOU GUYS. ALL RIGHT.

VARIANCE 2026 101507 HAS BEEN DEFERRED TO THE AUGUST 27TH MEETING.

VARIANCE 2026 101516. YALE YOUR CONTRACTING INCORPORATED FOR ROBERTO TRINIDAD A VARIANCE IN THE REAR YARD SETBACK TO BUILD AN ADDITION AT

[10. VAR-2026-101516 Yaya Contracting Inc. for Roberto Trinidad: variance from the rear yard Fairfield setback to build an addition at 10720 Hunton Station Court, Greenwood Glen, Fairfield. The applicant has 36 feet rear yard setback where the Zoning Ordinance requires 45 feet rear yard setback. The applicant requests a variance of 9 feet rear yard setback. Parcel 780-768-1567. Zoning: R-2AC, One-Family Residence District ]

[02:00:09]

BUT EVERYONE WHO INTENDS TO SPEAK TO THIS CASE FOR THE STAND AND BE SWORN IN. WOULD YOU RAISE YOUR RIGHT HAND, PLEASE? DO YOU SWEAR THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD. THANK YOU, MR. SECRETARY. THE SUBJECT PROPERTY IS LOCATED NORTH OF GREENWOOD ROAD, JUST EAST OF ITS INTERSECTION WITH WOODMAN ROAD.

THIS IS A PICTURE OF THE HOME HERE. THE PROPERTY CONTAINS THIS TWO STORY DWELLING THAT WAS BUILT IN 2000.

THE APPLICANTS HAVE LIVED IN THE HOME SINCE ITS CONSTRUCTION.

THEY ARE, HOWEVER, WORRIED ABOUT BEING ABLE TO AGE IN PLACE.

AS A RESULT, THEY WOULD LIKE TO BUILD A GROUND LEVEL BEDROOM AND BATHROOM ADDITION.

AS YOU CAN SEE HERE, THE PROPOSED ADDITION WOULD EXTEND BACK TO WITHIN 36FT OF THE REAR LOT LINE, OR NINE FEET INTO THE 45 FOOT REAR YARD SETBACK.

AS A RESULT, THEY ARE ASKING FOR A NINE FOOT REAR YARD SETBACK VARIANCE.

A PICTURE OF THE DISH IN HERE. IN REVIEWING THIS REQUEST, ASSAF BELIEVES THE THIRD THRESHOLD TEST IS MET, WHICH IS A MODIFICATION FOR A PERSON WITH A DISABILITY.

THE APPLICANT HAS SUBMITTED A DOCTOR'S NOTE INDICATING THAT THIS IS A REASONABLE MODIFICATION TO ACCOMMODATE SOMEBODY WITH A DISABILITY.

ONCE A THRESHOLD TEST IS MET, ALL FIVE SUBTESTS NEED TO BE MET.

AS NOTED IN YOUR STAFF REPORT, THE REAR YARD BACKS UP TO THIS 100 FOOT WIDE COMMON AREA, SO IT WOULD BE OVER 150FT FROM THE DWELLING ON THE OTHER SIDE OF THE COMMON AREA. YOU'RE RIGHT THEN THAT'S THE DWELLING IN THE DISTANCE.

THIS IS THE APPLICANT'S REAR YARD. THE SIDE YARDS WOULD CONTINUE TO BE MET.

THE SETBACKS ON THE SIDE YARD. SO THE ONE NEIGHBOR ON THE SIDE, THEY SHOULD NOT BE NEGATIVELY NEGATIVELY IMPACTED BY THIS.

THE OTHER SUBTESTS ARE ALSO MET AS STATED IN YOUR STAFF REPORT.

AS A RESULT, STAFF IS RECOMMENDING APPROVAL OF THIS REQUEST SUBJECT TO THE CONDITIONS IN YOUR STAFF REPORT.

IF YOU HAVE ANY QUESTIONS, I WILL BE HAPPY TO ANSWER THOSE.

THANK YOU. THANK YOU, MR. GOODLEY. DOES ANYONE HAVE QUESTIONS FOR MR. GOODLEY? OKAY. HEARING NONE, WE'LL HEAR FROM THE APPLICANT.

MR. TRINIDAD. I THINK THIS IS GOING TO. COME FORWARD, PLEASE.

BE SURE TO SPELL YOUR NAME. YES, SIR. YES, IF YOU COULD STATE YOUR NAME AND AFFILIATION, SIR.

YES. MY NAME IS DENNIS ZAMBOS. ZAMBOS. I WORK WITH YAYA CONTRACTING AND REPRESENTING MR. TRINIDAD IN THIS MATTER. THANK YOU. SO AS EXPLAINED.

THE TRINIDAD'S WOULD LIKE TO HAVE AN ADDITION BUILT ON TO THE BACK OF THE HOUSE, WHICH WILL ENCROACH UPON THE EASEMENT BY SIX FEET. BUT THE ADDITION IS GOING TO PROVIDE HIM A BETTER QUALITY OF LIFE, SINCE HE HAS HEART CONDITIONS WHICH PREVENT HIM FROM CLIMBING TO THE SECOND STORY BEDROOMS. I THINK THAT'S ABOUT ALL I HAVE ON THAT. THERE IS A DOCTOR'S NOTE DESCRIBING WHAT HIS CONDITIONS ARE.

THIS IS JUST TO FURTHER QUALITY OF LIFE FOR BOTH HE AND HIS WIFE.

SO THANK YOU SIR. ANY QUESTIONS FOR MR. ZAMBOS? ANY FURTHER DISCUSSION BY THE BOARD? ARE WE READY FOR A MOTION? MR. MASSEY. MR. CHAIRMAN, THE PUBLIC HEARING.

OH. I'M SORRY. I'M ROLLING BACK ABOUT A THOUSAND A DAY.

THANKS TO MY CAT. ANYWAY, SO THIS WILL OPEN THE PUBLIC HEARING.

NOW, IS THERE ANYONE IN THE AUDIENCE OR WEBEX THAT WISHES TO SPEAK IN SUPPORT OF THE CASE? THERE IS NO ONE ON WEBEX. OKAY. ANYONE IN THE AUDIENCE ON WEBEX THAT WISHES TO SPEAK IN OPPOSITION TO THE CASE? OKAY. HEARING NONE, WE WILL CLOSE THE PUBLIC HEARING.

AND NOW MR. MASSEY WILL LET YOU MAKE YOUR MOTION.

I MOVE THAT WE APPROVE THIS VARIANCE, SUBJECT TO THE CONDITIONS RECOMMENDED BY THE STAFF.

THE FIRST FLOOR, BEDROOM AND BATHROOM WOULD BE A REASONABLE MODIFICATION FOR A PERSON WITH A DISABILITY.

THERE WOULD BE NO DETRIMENTAL IMPACT ON THE COMMON AREA TO THE REAR.

THE OTHER TESTS ARE MET AS STATED IN THE STAFF REPORT.

[02:05:01]

THANK YOU VERY MUCH. I APPRECIATE YOUR SITTING THROUGH THE MEETING WITH US, MR. CHAIR. THE LAST CASE ON THE AGENDA IS THE APPEAL THAT WAS DEFERRED FROM THE MAY MEETING.

[11. APP-2026-100776 KGLI Properties, LLC: appeal notices of violation at 3401 Vawter Avenue, East Highland Park, Fairfield. Parcels 798-734-3180, 798-734 3498 and 798-734-4146. Zoning: M-1, Light Industrial District. Code Section: 24-2320. Fairfield ]

APPEAL NOTICES OF VIOLATION AT 3401 VAWTER AVENUE, EAST HIGHLAND PARK IN FAIRFIELD MAGISTERIAL DISTRICT.

THERE ARE TWO OTHER ADDRESSES. LET ME ASK THIS QUESTION, MR. WANG. WE'VE ALREADY HEARD THIS CASE BEFORE. YES.

DO WE NEED TO GO THROUGH ALL THE PRESENTATIONS AGAIN IN THE PUBLIC HEARING? WE'VE ALREADY HEARD FROM THE PUBLIC. I THINK WE WANTED TO SEE IF THERE WAS ANY ADDITIONAL INFORMATION THAT WOULD BE BROUGHT FORWARD THAT WOULD, MIGHT, MIGHT HELP CLARIFY THINGS FOR US.

AND MR. MASSEY MAY WANT TO HEAR EVERYTHING AGAIN, BUT I DON'T KNOW IF IT'S NECESSARY TO HAVE A FULL PRESENTATION AGAIN, FROM BOTH PARTIES AND ALSO A PUBLIC HEARING, SINCE WE'VE ALREADY DONE THAT PREVIOUSLY.

MY FIRST QUESTION WAS WHAT HAS CHANGED SINCE THE LAST TIME? EXACTLY.

HAS ANYTHING CHANGED? AND I DON'T KNOW THE ANSWER TO THAT QUESTION.

SO DOES ANYTHING CHANGE ON YOUR END? THANK YOU, MR. SECRETARY. AGAIN, MY NAME IS ABRAHAM GORDON ON BEHALF OF THE DIRECTOR.

AND GOOD MORNING, MR. CHAIRMAN. MEMBERS OF THE BOARD. I DID HAVE A COUPLE OF REMARKS TODAY, BUT I WILL START BY ANSWERING YOUR QUESTION DIRECTLY AS SOON AS I CAN GET THIS.

PRESENTATION UP HERE. AS YOU REMEMBER, THERE'S THREE PARCELS.

IN THIS CASE WE'RE SHIPPING CONTAINERS ARE BEING STORED FOR LONGER THAN PERMITTED BY THE ZONING ORDINANCE.

AND THE OUTDOOR AREAS ARE BEING USED TO STORE A NUMBER OF ITEMS WITHOUT FIRST OBTAINING APPROVAL FOR A SITE PLAN, WHICH IS REQUIRED. I BELIEVE THERE'S BEEN PLANNING DEPARTMENT HAS FIELDED SOME QUESTIONS FROM AN ENGINEER REGARDING THE SITE PLAN PROCESS, BUT NO SUBMISSION HAS BEEN RECEIVED. AND THE SHIPPING CONTAINERS ARE STILL THERE IN YOUR POSITION.

IS YOUR OPINION THAT WE'RE BACK WHERE WE WERE? YEAH. I DON'T BELIEVE THERE'S BEEN ANY CHANGE.

I, I DO WANT TO TAKE A COUPLE MINUTES, IF YOU'LL ALLOW ME JUST TO RESPOND TO THE LETTER THAT WAS SENT TO THE BOARD BEFORE TODAY'S HEARING.

YEAH, IT'S IN THE PACKET. THE PACKET WAS 100 PAGES.

AND I JUST WANTED TO CLARIFY A COUPLE OF NOTES HERE TOWARDS THE FRONT.

THAT THAT'S THE RIGHT ONE. YEAH. I THINK THAT'S WHAT HE'S TALKING ABOUT.

RIGHT, RIGHT. OKAY. THANK YOU. MR..

SO YES, I DID SEE THAT. AND, MR. CHAIR, IF YOU IF THAT'S ACCEPTABLE TO ME, WOULD YOU JUST GIVE ME THE GREEN LIGHT ON THAT? YEAH. OKAY. THANK YOU. I APPRECIATE THAT. SO ON THE SHIPPING CONTAINER QUESTION, WHICH I THINK IS THE ONLY REMAINING ISSUE THAT WAS ADDRESSED IN THE LETTER, THE MAIN ARGUMENT HERE IS THAT IT'S UNFAIR THAT HE IS NOT PERMITTED TO STORE SHIPPING CONTAINERS LONGER THAN 30 DAYS ON THE PROPERTY, BUT THE COUNTY MAY. AND IN RESPONSE, I WOULD JUST SIMPLY POINT TO THIS SECTION OF THE ZONING ORDINANCE, WHICH IS SECTION 241107 OF THE COUNTY CODE. IT EXEMPTS A NUMBER OF GOVERNMENTAL UNITS, INCLUDING THE COUNTY, STATE GOVERNMENT AND THE FEDERAL GOVERNMENT, FROM APPLICATION OF ZONING ORDINANCE MERELY ON LETTER OF THE LAW.

THIS DEFENSE FAILS, BUT I DO WANT TO PUT A COUPLE OF POLICY RATIONALES ON THE RECORD AS WELL, JUST FOR SAKE OF COMPLETENESS. I THINK WHAT THE APPELLANT IS TRYING TO DO IS ASK YOU TO MAKE A LEGISLATIVE POLICY DECISION WHICH IS GENERALLY SOMETHING THAT THE BOARD OF SUPERVISORS HAS RESPONSIBILITY FOR. LEGISLATURE HAS VERY BROAD POWER TO CLASSIFY, USE TYPES AND REGULATE THEM THROUGH THE ZONING ORDINANCE. AND NEARLY 199 YEARS AGO.

I THINK THERE'S THIS CASE CALLED GORAYEB VERSUS FOX AND THE POWER TO REGULATE.

IN THAT CASE, THE SUPREME COURT SAYS POWER TO REGULATE WITH A ZONING ORDINANCE INCLUDES THE POWER TO ACCEPT TO MAKE EXCEPTIONS.

AND THAT THOSE EXCEPTIONS DO NOT VIOLATE THE 14TH AMENDMENT BY NATURE OF BEING EXCEPTIONS.

OFTENTIMES, THE THE BOARD OF SUPERVISORS WILL DELEGATE THAT POWER TO THIS BODY.

AND THAT'S THE REST OF TODAY. WAS YOU MAKING LEGISLATIVE DECISIONS.

BUT WHEN IT COMES TO THE APPEALS PROCESS, THEN WE SWITCH TO THE QUASI JUDICIAL HAT WHAT THE LEGISLATURE HAS DONE IN THIS SECTION HERE IS ESSENTIALLY DETERMINED THAT GOVERNMENTAL ENTITIES ARE DISTINCT FROM A PRIVATE CITIZEN.

AND SO THEY'RE ACCEPTED AS A WHOLE FROM THE ZONING ORDINANCE BECAUSE IT'S A DIFFERENT TYPE OF USE AND IT DOESN'T FIT WITHIN THE REGULATORY STANDARDS.

[02:10:05]

IT CREATES A LOT OF ADDITIONAL ZONING ISSUES.

BUT WHEN IT COMES TO A GOVERNMENT ENTITY, THERE'S A NUMBER OF POLICY REASONS FOR WHY WE WOULD WANT TO TREAT THE GOVERNMENTAL ENTITIES DIFFERENTLY.

AND THESE ARE ALL SORT OF GENERALIZED, NOT NECESSARILY SPECIFIC TO THIS CASE, BUT FIRST OF ALL, THE COUNTY KNOWS WHAT'S IN ITS OWN SHIPPING CONTAINERS.

AND SO WE DON'T HAVE ANY OF THE ENVIRONMENTAL CONCERNS THAT MIGHT COME WITH STORAGE OR SHIPPING CONTAINERS ON PRIVATE PROPERTY.

AND BECAUSE THE GOVERNMENT IS EXEMPT FROM THE ZONING ORDINANCE AS WELL, WE DON'T HAVE ANY OTHER CONCERNS ABOUT CREATION OF NEW ZONING VIOLATIONS OR OTHER UNLAWFUL USES. SECOND, THE COUNTY IS NOT ABLE TO, FOR EXAMPLE, ABUSE ENVIRONMENTALLY A PIECE OF LAND AND THEN LEAVE FOR ANOTHER JURISDICTION WITHOUT CLEANING UP THE PROPERTY. THE COUNTY IS ALWAYS GOING TO BE HERE. A PRIVATE OWNER IS ABLE TO DO THAT.

AND I WILL SAY IN THIS CASE, NOT THE CURRENT OWNER, BUT THE PRIOR OWNER OF THIS PROPERTY IS PROBABLY A GOOD EXAMPLE OF THAT.

THEY LEFT THE PROPERTY VACANT FOR A NUMBER OF YEARS. THERE WERE A LOT OF ENVIRONMENTAL CONCERNS, A LOT OF VIOLATIONS FOR THE DECADE PRIOR TO THE APPLICANT TAKING CONTROL OF THE PROPERTY. AND THAT THAT PERSON WAS NEVER HELD ACCOUNTABLE BECAUSE OF THAT.

THE COPY ON THAT. YES, SIR. WHO WAS SUPPOSED TO HOLD THE PERSON ACCOUNTABLE.

SO THE COUNTY ISSUED A NUMBER OF VIOLATIONS TO THE PRIOR OWNER OF THIS PROPERTY.

AND MY UNDERSTANDING IS BECAUSE IT WAS A BUSINESS ENTITY THAT HAD LEFT THE COUNTY APART FROM SORT OF GOING THROUGH OUR NORMAL PROCESS, ISSUING NOTICES OF VIOLATIONS, TAKING THEM TO COURT, WE WEREN'T ACTUALLY ABLE TO GET THEM TO CLEAN UP THE PROPERTY BECAUSE THEY HAD LEFT THE JURISDICTION.

I THINK IT'S A, IT'S A COUNTY'S FAULT IF YOU DIDN'T ENFORCE AND FIX IT.

SO THAT'S ALL I'M JUST TRYING TO SAY. OKAY, I UNDERSTAND.

BUT I THINK THAT'S, I GUESS THE POINT THAT I'M TRYING TO MAKE IS THAT'S THE DIFFERENCE.

ONE DIFFERENCE BETWEEN THE COUNTY AS AN OWNER, AS A GOVERNMENTAL ENTITY AND A PRIVATE OWNER IS THAT THE COUNTY IS ALWAYS GOING TO BE HERE. THE COUNTY CAN'T JUST UP AND LEAVE AFTER IT CREATES PROBLEMS. AND AGAIN, THIS IS SORT OF GENERAL POLICY POSSIBILITIES FOR WHY THIS MIGHT BE THE CASE.

STOP YOU AGAIN? YES, SIR. CLARIFICATION. THAT IS, I SEE WHAT YOU'RE WHAT YOU'RE TRYING TO SAY AND WHAT YOU'RE TRYING TO DO.

BUT THAT WAS THE COUNTY'S FAULT. YOU ALL SHOULD TAKE RESPONSIBILITY.

WE HAVE NOTHING TO DO WITH WHAT YOU ALL DIDN'T DO.

NO, NO YOU DON'T. NO. THE COUNTY IS GOING TO ALWAYS BE HERE.

BUT IF IF THE COUNTY IS RESPONSIBLE, SOMEBODY IS RESPONSIBLE FOR THE PRICE FIXING SOMETHING, THEN Y'ALL SHOULD HAVE DEALT WITH THAT. NOT US.

NO, NO, NO IT'S NOT, IT'S NOT. IT DOESN'T PERTAIN TO ME.

IT DOESN'T REALLY PERTAIN TO THIS CASE. YOU'RE JUST TRYING TO USE SOMETHING THAT Y'ALL ARE RESPONSIBLE FOR TO MAKE A POINT THAT SOMEBODY ELSE HAS RESPONSIBILITY FOR.

SO I JUST JUST WANT THAT CLARIFICATION. I THINK THAT'S A I THINK THAT'S A GOOD CLARIFICATION.

AND YES, I'M NOT SPEAKING ABOUT THE PRIOR OWNER WITH REFERENCE TO THIS CASE AT ALL, BUT JUST AS AN EXAMPLE OF WHAT MAKES THE COUNTY DIFFERENT AS AN AS AN OWNER, NOT NECESSARILY AS AN ENFORCER.

AND IT'S MOSTLY BECAUSE THE COUNTY IS POLITICALLY ACCOUNTABLE TO, TO ELECTIONS, TO POLITICAL PRESSURE, OTHER THINGS LIKE THAT. THE COUNTY WILL ALWAYS BE HERE.

AS AN OWNER, IT'S ALSO A REGULATED ENTITY. SO THERE'S COUNTLESS FEDERAL AND STATE REGULATIONS THAT IT HAS TO COMPLY WITH AS WELL AS COMPLYING WITH THE COMPREHENSIVE PLAN.

SO APART FROM BEING SUBJECT TO THE ZONING ORDINANCE THERE'S ALL OF THESE OTHER SAFEGUARDS.

AND I THINK THAT'S ONE REASON WHY THE COUNTY AND OTHER GOVERNMENTAL ENTITIES ARE EXEMPT FROM THE ZONING ORDINANCE.

THE LAST THING I'LL NOTE AS WELL NO, NO OFFENSE.

I'M JUST I'M JUST PLAYING DEVIL'S ADVOCATE AGAIN.

YOU YOU'RE SAYING THAT, YOU KNOW, THE COUNTIES WON'T ALWAYS BE HERE, BUT PROVE TO ME THAT IF THE COUNTY WHO COULD REGULATE SOMEONE ELSE IS NOT

[02:15:01]

SO FOR ALL WE KNOW THE COUNTY COULD BE IN THE SAME SITUATION THAT THESE SOMEONE, SOMEONE ELSE COULD BE.

HOW DO WE KNOW WE DON'T? WELL, BECAUSE THE COUNTY DOES HAVE OVERSIGHT.

AND AGAIN, I DO WANT TO MAKE CLEAR THAT THE COUNTY DID BRING A NUMBER OF CASES AGAINST THAT PRIOR OWNER.

EVERYTHING WITHIN THE COUNTY'S POWER. IT DID ENFORCE THE ZONING ORDINANCE.

AND IT WILL CONTINUE TO DO THAT AGAINST OTHER FOLKS.

I THINK THE COMPARISON IS, IS REALLY IMPORTANT THAT WE DO HAVE TO ENFORCE THE ZONING ORDINANCE.

SIMILARLY AGAINST EVERYBODY. AND SO I WILL NOTE THAT WE DO REGULARLY APPLY THIS SECTION OF ZONING ORDINANCE WITH REGARD TO SHIPPING CONTAINERS TO OTHER FOLKS, AND YOU'VE SEEN PLENTY OF THOSE CASES.

SO I DO WANT TO MAKE IT CLEAR THAT I THINK WE HAVE TO TREAT THIS CASE SIMILARLY.

IN CLOSING, I WANT TO SHOW YOU A COUPLE PHOTOS HERE.

IN THE PRIOR HEARING, THE APPELLANT HAD PROVIDED SOME PICTURES OF WHAT A SHIPPING CONTAINER THAT MIGHT BE TREATED AS A BUILDING UNDER THE ZONING ORDINANCE COULD LOOK LIKE. AND I DON'T DISAGREE THAT THINGS LIKE THIS COULD BE TREATED LIKE A BUILDING UNDER THE ZONING ORDINANCE AND THE THE BUILDING CODE AS WELL.

BUT THIS IS A HYPOTHETICAL. THIS IS NOT WHAT THEY ACTUALLY LOOK LIKE.

THIS IS WHAT THEY LOOK LIKE. AND SO WHAT I WOULD POINT OUT, I THINK THE QUESTION THE DIRECTOR'S ASKING HERE IS, YOU KNOW, ARE THESE SHIPPING CONTAINERS, BUILDINGS IN THE SAME WAY THAT THE PRIOR SLIDE IS.

OR ARE THESE MORE SIMILAR TO A TRADITIONAL SHIPPING CONTAINER? OTHER SHIPPING CONTAINER CASES THAT YOU GUYS HAVE SEEN.

AND WITH THAT I WOULD REST. I'D ASK YOU AGAIN TO UPHOLD THE DIRECTOR'S DETERMINATION.

I'M HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS. AND ONCE AGAIN I'M LOOKING AT DIFFERENT THINGS AND SHIPPING CONTAINERS.

I GUESS WE GOT TO, I DON'T KNOW IF IT WILL COME, BUT FOLKS THAT THEY'RE CONVERTING SHIPPING CONTAINERS INTO SWIMMING POOLS NOW AND, AND DROPPING THEM IN THE GROUND. AND IF YOU LOOK, THERE'S SOME THEY, THEY LOOK PRETTY NICE.

SO I'VE SEEN THAT AS SOMEBODY WHO WANTS A SWIMMING POOL, I'M LOOKING AT ALL DIFFERENT OPTIONS.

AND I'M, I SAID I WAS GOING TO DO WOULD DO THAT, BUT I'M NOTICING THAT THAT'S WHAT THEY'RE DOING.

WITH SHIPPING CONTAINERS. I UNDERSTAND WHAT YOU'RE SAYING, BUT YOU KNOW, PREVIOUS A LOT OF THINGS ARE CHANGING AND WITH WITH SHIPPING CONTAINERS.

AND I GUESS I'M JUST SAYING IT BECAUSE WE JUST NEED TO BE OPEN MINDED THAT, YOU KNOW, THERE ARE SOME UNIQUE THINGS THAT FOLKS CAN AND WILL DO WITH THEM. THAT'S A PRIME EXAMPLE. AND THEN SWIMMING POOLS.

YEAH, ABSOLUTELY. AND I THINK I AGREE. IT REALLY DOES DEPEND ON THE USE.

SOMETHING LIKE THIS COULD CERTAINLY BE REGULATED AS A BUILDING.

AND I THINK A SWIMMING POOL, IF YOU MADE A SWIMMING POOL OUT OF A SHIPPING CONTAINER, I THINK IT COULD BE REGULATED AS A SWIMMING POOL.

I CAN'T SPEAK TO THE SPECIFICS, BUT I THINK YOU'RE RIGHT IN THAT. BUT I THINK THE ARGUMENT IS THAT THAT'S NOT WHAT THIS IS.

THIS IS A SHIPPING CONTAINER THAT'S JUST BEING USED FOR STORAGE. GREAT.

ANY OTHER INFORMATION, MR. GANNON, YOU WANT TO PRESENT TO US, OR DOES ANYONE ELSE ON THE BOARD HAVE QUESTIONS BEFORE WE MOVE ON TO APPELLANT.

I HAVE A QUESTION. YES, SIR. DO THESE PEOPLE GET BACK WITH YOU.

LIKE IF I DEFER THIS CASE I SUGGEST THAT WE DEFER THIS CASE BECAUSE HE WAS SUPPOSED TO GET A SITE APPROVAL, AND THEY WERE SUPPOSED TO GIVE THE COUNTY TO SEE IF THEY CAN WORK SOMETHING OUT. DID THAT EVER HAPPEN? YES, A SITE PLAN.

LIKE I SAID, I REACHED OUT TO THE PLANNING DEPARTMENT EARLIER THIS WEEK AND LAST WEEK.

MY UNDERSTANDING IS THERE'S BEEN SOME QUESTIONS COMING FROM AN ENGINEER REGARDING THE PROCESS, BUT NO SITE PLAN HAS BEEN SITE PLAN SUBMISSION HAS BEEN RECEIVED.

THEY HAVEN'T BEEN OUT OF ACTION IS WHAT YOU'RE SAYING? THAT'S MY UNDERSTANDING. WELL, WHO'S THE APPLICANT OR JUST ON THE APPLICANT? I GUESS THROUGH THEIR ENGINEER. OKAY. I'M JUST LOOKING AT.

WHAT WAS TURNED SIDEWAYS? JUST A FEW MINUTES.

A FEW FEET, YOU KNOW, CLOSER TO THE HOUSE. I DON'T THINK HE'S ON A DIFFERENT CASE.

HE'S ON THE NEXT. YEAH, THAT'S THIS IS THE SITE.

THIS IS THE PLACE. I CAN JUST CLARIFY THE VIOLATION REAL QUICK WITH REGARD TO THE SHIPPING CONTAINERS.

IT'S THE TIME PERIOD. SO YOU'RE ALLOWED TO HAVE SHIPPING CONTAINERS FOR FOR TEMPORARY STORAGE IN THIS DISTRICT FOR 30 DAYS.

[02:20:01]

YES. AND I ALSO WILL SAY I BELIEVE THERE IS A WORLD WHERE YOU CAN INCLUDE THESE ON THE PROPERTY THROUGH THE POD PROCESS. PREVIOUS SLIDE KIND OF ILLUSTRATES THAT IDEA THAT.

IF YOU WERE BUILDING BUILDINGS OUT OF SHIPPING CONTAINERS, THAT WOULD BE A DIFFERENT USE.

IF IT WAS IN AN M TWO ZONING DISTRICT, THEY COULD BE STORED LONG TERM IN M2 AND M3, BUT NOT IN M1.

THIS PROPERTY IS ANYONE. YEAH, THE TIME REQUIREMENT IS EVEN LESS IN RESIDENTIAL DISTRICTS AND OTHER DISTRICTS WHERE THE.

YEAH. IF THEY IF THEY WERE TO APPLY FOR A REZONING M2 REZONING, AND IT WAS APPROVED BY THE BOARD OF SUPERVISORS, THEY WOULD BE ALLOWED TO CONTAINERS. I DON'T KNOW IF I.

YES THEY WOULD. YES. LONG TERM STORAGE OR SHIPPING CONTAINERS WOULD BE ALLOWED IN M2.

NOW THEY WOULD STILL HAVE TO GO THROUGH THE PROCESS.

THEY WOULD STILL HAVE TO MAKE IMPROVEMENTS. THEY WOULD STILL HAVE TO BUFFER AND SCREEN AND ALL THOSE OTHER THINGS.

SO THEY COULDN'T JUST, YOU KNOW, IF IT WAS REZONED TOMORROW, THEY COULDN'T MOVE SHIPPING CONTAINERS ONTO IT NEXT WEEK.

THERE IS A PROCESS THAT NEEDS TO BE FOLLOWED.

YEAH. AND THERE'S A POSSIBLE REMEDY. YES. IF THEY COMPLY THROUGH THE BOARD OF SUPERVISORS.

YES. OKAY. YES. AND THE COUNTY IS SUPPORTIVE OF DEVELOPMENT ACROSS THE COUNTY.

AND WE CERTAINLY WANT PROPERTIES NOT TO STAY VACANT FOR TOO LONG LIKE THIS DID PRIOR, BUT IT HAS TO BE DONE THROUGH THE RULES THAT WE HAVE SET UP. THANK YOU. ANY OTHER QUESTIONS BEFORE YOU HEAR FROM THE APPELLANT? THANK YOU, MR. GAGNON. WE'LL HEAR FROM.

JARED ANDERSON WITH ROTH. JACKSON A NDERSON. AND I'M JAKE TURLINGTON, TURLINGTON.

AND IN THE END, I DID HAVE A ROUGHLY TEN MINUTE PRESENTATION.

BUT IN THE INTEREST OF TIME, WE'LL I'LL JUST GO TO A SELECTED FEW OF THE SLIDES.

WE ARE, WE ARE ASKING FOR A TERM. IT'S NOT A, WE'RE NOT ASKING FOR A LEGISLATIVE, LEGISLATIVE ACTION.

WE ARE ACTUALLY ASKING FOR A DISCUSSION AND A DETERMINATION FROM THE BZA REGARDING THE DISCUSSION OF STORAGE CONTAINERS. AND IN REGARDS TO THE THE COUNTY DOES HAVE SHIPPING CONTAINERS ON THEIR PROPERTY.

AND THERE WAS, THERE WAS QUESTION AS TO ENVIRONMENTAL CONCERNS.

THE PRIVATE PROPERTY OWNERS ARE STILL SUBJECT TO ENVIRONMENTAL CONCERNS.

I DON'T THINK ANYTHING'S BEEN SUBSTANTIATED THAT STORAGE CONTAINERS USED FOR ACCESSORY DWELLINGS OR ACCESSORY BUILDINGS PRESENT ANY MORE OR LESS OF AN ENVIRONMENTAL CONCERN THAN STICK BUILT USES AS WELL.

SO I DON'T THINK THAT THERE'S ANY JUSTIFICATION FOR THAT, THAT DETERMINATION.

LOOKING HERE ON THE PURSUIT OF THE SITE PLAN APPROVAL THE APPLICANT HAS HAD HAD DIFFICULTY FINDING AN ENGINEER INITIALLY AND GETTING THE SITE PLAN WORK COMPLETED.

THERE WAS A BACKLOG. SINCE THEN THE APPLICANT'S ENGINEERS HAVE HAD TEN PLUS MEETINGS WITH THE COUNTY STAFF.

THE APPLICANT HAS SPENT BETWEEN 22 AND $25,000 ON THE SITE PLAN APPROVAL PROCESS.

AND MR. TURLINGTON CAN PROVIDE YOU AN UPDATE, BUT HE JUST RECEIVED JUST LAST NIGHT, AS OF 530, I RECEIVED FROM MY ENGINEER THE SITE PLANS THAT JUST CAME IN LAST NIGHT.

SO THEY SHOULD THEY ASSURED ME THAT THAT WOULD BE ISSUED TO YOU OR TO THE PLANNING DEPARTMENT THIS MORNING.

WE HAVE BEEN WORKING ON IT DILIGENTLY AND EVEN AT THE LAST MEETING IN MAY, THERE WAS DISCUSSION ABOUT HOW LONG DOES A SITE PLAN TAKE? IT TAKES MONTHS. DOESN'T TAKE WEEKS. AND ONE OF THE THINGS THAT THAT THAT I HAD CONCERNS ABOUT WAS THAT THE NOTICE OF VIOLATION APOLOGIES, THE NOTICE OF VIOLATION GAVE THE, THE PROPERTY OWNER ONE MONTH TO CORRECT THE ACTIONS.

THAT'S AND WE FEEL THAT THE BEST WAY TO CORRECT THE ACTIONS IS TO COMPLETE THE SITE PLAN PROCESS,

[02:25:06]

AND MOST OF THE, I THINK ALL OF THE USES THAT THAT WE'RE CONTEMPLATING ARE BY RIGHT USES.

IT'S JUST WE NEED TO GET THE SITE PLAN. AND SO THE NOV GIVING ONE MONTH ISN'T REALLY ENOUGH.

YOU THINK IT WOULD TAKE I MEAN, LIKE I SAID, THEY SUBMITTED THAT TO ME LAST NIGHT AND I IMMEDIATELY EMAILED THEM BACK AND SAID, PLEASE SUBMIT THIS A PLAN AND I'VE BEEN ON THE PHONE WITH THEM SINCE OUR LAST MEETING.

EVERY SINGLE WEEK. WHERE ARE WE? PLEASE SUBMIT SOMETHING. GET IT TO THEM. GET TO THEM. THEY SAID WE DON'T WANT TO SUBMIT SOMETHING INCOMPLETE. I'M LIKE, LOOK, PLEASE GET SOMETHING BACK AND FORTH WITH PLAYING SO WE CAN SHOW WE'VE BEEN DOING SOMETHING.

AND EVERY SINGLE WEEK I CALL THEM EMAILS OVER AND OVER AGAIN.

THEY FINALLY, THE LAST NIGHT I TOLD THEM LAST NIGHT, I'M LIKE, HEY, I'VE GOT A MEETING TOMORROW. I NEED THIS IN THEIR HANDS.

AND THEY EMAIL ME THAT AT 530. IS THAT COMPLETE? OR THEY HAVE TO GO BACK AND DO SOME WORK? WELL, I THINK THEY'RE THEY ARE COMPLETE AS FAR AS THEIR UNDERSTANDING IS BECAUSE THERE ARE SOME VACATIONS OF PAPER STREETS THAT ARE MAKING THE WHOLE PROPERTY ONE PARCEL.

IT'S NO LONGER GOING TO BE THREE IS OUR IDEA OF IT THAT TO MEET SOME OF THE SETBACK REQUIREMENTS AS WELL AS WHICH WE HAVEN'T GOTTEN ANY COMMENT BACK YET, OF COURSE, FROM PLANNING. I'M SURE THEY WILL HAVE SOME, BUT I DON'T KNOW.

AS FAR AS MY ENGINEER IS CONCERNED, THEY THINK THAT THEY ARE WITHIN THEIR GUIDELINES AND THEY SUBMITTED ALL THAT, AND THEY WERE NOT WILLING TO SUBMIT ANYTHING THAT THEY DID NOT THINK WAS WITHIN THEIR YOUR GUIDELINES.

SO NOW GOING BACK TO THE SHIPPING CONTAINER THING, BUT AS FAR AS ANYTHING CHANGED, I SUBMITTED ZONING AMENDMENTS TO THE PLANNING DEPARTMENT TO BE HEARD BY THE BOARD. THE BOARD OF SUPERVISORS TO AMEND TO HAVE FURTHER DISCUSSION ABOUT THIS CODE.

ZERO RESPONSE FROM ANYONE FROM PLANNING. DESPITE MULTIPLE ATTEMPTS TO CONTACT THEM ABOUT A FOLLOW UP, NO ONE WILL EMAIL ME BACK. NO ONE WILL CALL ME BACK.

THERE IS NO INTEREST IN THE PLANNING DEPARTMENT TO EVEN PUSH ME FORWARD TO THE BOARD OF SUPERVISORS MEETING, MUCH LESS HAVE A MEETING WITH THE BOARD OF SUPERVISORS TO TALK ABOUT IT.

SO THAT'S WHERE WHERE I ENDED UP. AND THE NEXT STEP WOULD BE TO JUST INTO PUBLIC COMMENT, COME IN AND KIND OF HIJACK IT WITH WHAT? WITH A TOPIC THEY HAVEN'T EVEN BEEN BROUGHT FORWARD TO.

WITH ALL DUE RESPECT, IF YOU JUST SENT THAT TO PLANNING LAST NIGHT, THEY HAVEN'T REALLY HAD AN OPPORTUNITY.

NO, NO, I'M SPEAKING ON THE SHIPPING CONTAINERS NOW.

NOT THE NOT THE THE THE ZONING AMENDMENT TEXT FOR THE SHIPPING CONTAINERS I SENT TWO MONTHS AGO.

BUT ACTUALLY, THE DAY WHEN I LEFT HERE FROM THE LAST MEETING, DREW IT UP AND SENT IT TO THEM AND FOLLOWED UP EVERY TWO WEEKS TRYING TO GET A RESPONSE AND NO RESPONSE AT ALL. BUT WHAT I'M HEARING IS THAT YOU'VE MADE TREMENDOUS EFFORTS ON YOUR PART, TREMENDOUS EFFORT TRYING TO GET THIS DONE IN MONEY AND TIME TRYING TO DO THIS, BECAUSE THE WAY GOVERNMENT WORKS, SOMETIMES YOU HAVE NOT BEEN ABLE TO RESOLVE THE ISSUES THAT WE ACTUALLY RESOLVE. EXACTLY. AND ONE POINT OF CLARIFICATION, IF I IF I MIGHT, IS THAT WE'RE TOTALLY FINE WITH THE M1 DESIGNATION.

WE'RE ONLY SEEKING TO HAVE THE THE STORAGE CONTAINERS AS A BUILDING FOR BY RIGHT M1 USES AS AN ACCESSORY STRUCTURE. AND I THINK IT'S, I THINK THIS IS ONE OF THE THINGS THAT I THINK IS NEW.

WE ARGUED THIS A LITTLE BIT, BUT I THINK THIS IS REALLY IMPORTANT.

THE COUNTY'S DEFINITION OF A BUILDING IS SHOWN RIGHT HERE IN QUOTATIONS.

ANY STRUCTURE HAVING A ROOF SUPPORTED BY COLUMNS.

WALLS USED OR INTENDED TO BE USED FOR THE SHELTER, HOUSING OR ENCLOSURE OF PERSONS, ANIMALS OR PROPERTIES.

AGAIN, IT'S IMPORTANT TO UNDERSTAND AND AS MR. GREENE HAD ALLUDED TO, THESE THESE CONTAINERS CAN MANIFEST IN MANY DIFFERENT WAYS.

AND SO I WOULD ASK YOU, HOW ARE THESE NOT BUILDINGS? AND WE GO BACK TO THE DEFINITION OF STRUCTURE.

AND THAT'S ANYTHING CONSTRUCTED BY AN ASSEMBLY OF MATERIALS, THE USE OF WHICH REQUIRES A FIXED LOCATION ON THE GROUND OR ATTACHMENT TO SOMETHING HAVING A FIXED. IF THESE ARE MOUNTED AND ANCHORED TO THE GROUND, THEY'RE IN A FIXED LOCATION.

I WOULD ALSO ARGUE THAT BOTH MEDICAL CLINICS, HOW THEY MANIFEST IN BATHROOMS, HOW THEY MANIFEST BY THEIR VERY NATURE OF HAVING PLUMBING, WOULD BE HAVE TO BE IN A FIXED LOCATION. THE MIDDLE.

THE MIDDLE PHOTO. THERE IS A PHOTO FROM FROM MR. TURLINGTON. THOSE CAN BE ANCHORED, SECURED AND BE IN A FIXED LOCATION.

THEREFORE, WE BELIEVE THAT IT NOT ONLY. THESE CAN NOT ONLY MEET THE DEFINITION OF A STRUCTURE, BUT ALSO MEET THE DEFINITION OF A BUILDING. AND THEREFORE ALL WE'RE ASKING FOR IS THAT THESE BE CONSIDERED FOR ACCESSORY ACCESSORY BUILDINGS, FOR THE STORAGE OF EQUIPMENT AND THE.

AND WHAT ARE NEEDED FOR THE BY RIGHT USES IN THE M1? THAT'S ALL WE'RE ASKING FOR. I UNDERSTAND YOUR POSITION, BUT IT IS MY POSITION THAT THE CONGRESS,

[02:30:02]

IT'S NOT OUR POSITION TO DO THAT. I THINK YOU'RE ASKING FOR A LOT.

I THINK YOU'RE ASKING FOR US TO DO SOMETHING THAT WE SHOULD NOT BE DOING IN THIS CASE.

NOW, AS FAR AS THE SITE APPROVAL, IF YOU GUYS WANT TO DEFER THIS SOME MORE TO GET THIS DONE, I'M TOTALLY WILLING TO DO THAT. BUT AS FAR AS THE OTHER PARTIES ARE CONCERNED, IT'S STILL UP TO THE BOARD OF BUSINESS TO TAKE CARE OF THAT.

YEAH. WE'RE ONLY SEEKING A DETERMINATION OF THE DEFINITIONS ON THE WITH THE SHIPPING CONTAINERS.

I DON'T THINK THAT'S OUR JOB. I DON'T THINK IT'S OUR JOB.

YOU CAN DEAL WITH THAT. WELL, WHAT IS BEFORE THIS BOARD ARE THREE NOTICES OF VIOLATION.

AND THE QUESTION IS WERE THOSE NOTICES ON THE DAY THEY WERE ISSUED? WERE THOSE NOTICES VALID OR WAS THERE A MISTAKE OF FACT OR MISTAKE OF LAW IN ONE OF THOSE THREE NOTICES? ONE OF THEM HAS TO DO WITH SHIPPING CONTAINERS. THE OTHER TWO, I THINK, ARE NOT EVEN RELATED, OR AT LEAST ONE OF THEM IS NOT RELATED TO SHIPPING CONTAINERS. SO I THINK WE'VE GOTTEN VERY FAR AWAY FROM THE SUBJECT ON THE TABLE, WHICH IS ARE THOSE THREE NOTICES OF VIOLATION VALID OR ARE THEY INVALID? YEAH. AND TO YOUR TO YOUR QUESTION, MR. MASSEY, WE WE ARE TRYING TO GET THE SITE PLAN DONE SO THAT WE CAN BE IN CONFORMANCE.

IF YOU SEEM LIKE YOU'VE MADE SOME PROGRESS, WE HAVE AND WE CAN AND WE WILL CONTINUE TO DO SO AGAIN AS IT WAS STATED.

YOU WANT US TO DEFER THAT PART? ABSOLUTELY. ABSOLUTELY.

I MEAN, WE WAS VALID AND OUR POSITION WOULD BE THE BOARD SHOULD UPHOLD THE NOTICE OF VIOLATION AND LET THE PROCESS PLAY OUT.

THE QUESTION IS NOT WHETHER THEY'RE GOOD PEOPLE OR BAD PEOPLE, WHETHER THEY'RE A GOOD BUSINESS OR BAD BUSINESS. IT'S LIMITED TO WHAT HAPPENS IF WE UPHOLD THE NOTICE OF VIOLATION. THEY JUST CONTINUE ALONG THE PROCESS WITH COMMUNITY MAINTENANCE IN TERMS OF THE ENFORCEMENT, AND AT THE SAME TIME, THEY CAN CONTINUE THE PROCESS WITH THE PLANNING DEPARTMENT IN TERMS OF GETTING A SITE PLAN APPROVED.

SO IT HASN'T STOPPED THEM FROM DOING ANYTHING. RIGHT. OKAY.

WE WOULD JUST AND IT DOES NOT EITHER. IT DOES NOT CONFLICT WITH THE PROCESS OF REQUESTING AN AMENDMENT TO THE ORDINANCE EITHER.

BUT AS YOU SAY, THAT IS NOT BEFORE THIS. SO THEY WOULD CONTINUE TO GET VIOLATION UNTIL THEY COMPLY.

RIGHT. IT WOULD BE, YOU KNOW, UP TO THE NORMAL ENFORCEMENT PROCESS.

WE WOULD JUST ASK. WE WOULD JUST ASK THE COUNTY AND THE BOARD OF ZONING APPEALS THAT, YOU KNOW, WE WERE TRYING TO GET THINGS RIGHT. WE REALLY ARE TRYING TO GET THINGS RIGHT.

AND WE WOULD JUST ASK FOR WORKING WITH THE COUNTY TO, TO GET THESE THINGS RIGHT.

AGAIN, WE'RE NOT, WE'RE NOT ASKING FOR ANY, ANY USE THAT'S NOT PERMITTED BY RIGHT IN M1.

WE JUST NEED TO GET THE SITE PLAN DONE, WHICH IS WHAT WE'RE TRYING TO DO RIGHT NOW. WHAT DO YOU THINK? WELL, WHAT WE HAVE, I GUESS, IS A SITUATION WHERE WE HAVE A DIFFERENCE OF OPINION BETWEEN THE COUNTY AND THE APPELLANT IN TERMS OF THE DEFINITION OF THESE STRUCTURES. THAT'S WHAT IT BOILS DOWN TO. AND WE HAVE TO GIVE, I GUESS DEFERENCE TO THE COUNTY POSITION UNLESS THERE'S OVERWHELMING EVIDENCE TO THE CONTRARY.

THAT IS I THINK THERE IS A GRAY AREA HERE. I'M ALSO CONCERNED THAT MAYBE THERE'S A LITTLE BIT OF A DOUBLE STANDARD IN TERMS OF THE COUNTY.

ARE CONTINUING TO HAVE THESE CONTAINERS, BUT THEY'RE NOT SUBJECT TO ZONING.

AND I GUESS THEY'RE REGULATED THROUGH OTHER STATE STATE AGENCIES.

SO CAN I GET SOME CLARIFICATION ON SOMETHING TO YOU? YOU MENTIONED THAT I'M SORRY TO INTERRUPT YOU, BUT IN REGARDS TO THIS, I'M SORRY.

I WOULD LET HIM SPEAK. AND THEN ONCE HE'S FINISHED.

YES, SIR. I'M JUST SAYING THAT THAT I THINK WE'VE GOT KIND OF A NARROW QUESTION HERE AS TO WHETHER OR NOT STAFF ERRED IN MAKING THAT DETERMINATION ON THE CONTAINERS. AND I DON'T PARTICULARLY CARE FOR THE PERCEPTION WE'RE CREATING, BUT I'M NOT SURE THAT WE HAVE ENOUGH TO OVERTURN THE STAFF DECISION EITHER, IF YOU UNDERSTAND WHAT I'M SAYING.

AND POINT OF CLARIFICATION, WHEN I SAID THAT YOU CAN TAKE A SHIPPING CONTAINER, POTENTIALLY TURN IT INTO A SWIMMING POOL.

WELL, I'M JUST JUST TO BE BASIC, YOU KNOW, WHEN YOU SEE THOSE THINGS HAPPEN, THEY'VE ALREADY MADE CONVERSIONS.

THEY DIG THE HOLES, THEY DROP THEM IN AND THEY RUN THE PLUMBING, THEY RUN THE ELECTRICITY AND ALL THAT OTHER STUFF.

IT'S NOT LIKE I WOULD JUST SAY, OKAY, I'M GOING TO TAKE THAT CHIP AND DROP IT IN MY BACKYARD, AND AT SOME POINT I'M GOING TO TURN IT INTO A SWIMMING POOL. SO THIS COULD BE TURNED INTO A BUILDING.

THEREFORE, THIS IS A BUILDING, RIGHT? THAT'S WHAT WE OBJECT.

YEAH. IT COULD BE TURNED INTO A BUILDING. BUT WHEN YOU THINK ABOUT A BUILDING, BUILDING HAS ELECTRICITY, BUILDING HAS PLUMBING.

BUILDING HAS MULTIPLE THINGS, NOT JUST STORAGE.

RIGHT. AND IT HAS AN APPROVED SITE PLAN AND APPROVED BUILDING, RIGHT.

AND SO WHEN YOU GO BACK TO THAT MEDICAL OFFICE, YOU BETTER BET THAT THEY'VE ALREADY DONE THINGS TO TURN IT INTO A MEDICAL OFFICE.

THEY'VE ALREADY DONE THINGS TO TURN IT INTO A BATHROOM.

SO IT'S JUST NOT A THING THAT CAN JUST BE DROPPED BECAUSE ANYBODY CAN DROP SOMETHING AND SAY,

[02:35:03]

YOU KNOW WHEN YOU SEE THOSE, THEY'RE ALREADY COMPLETED AND DONE.

I THINK MR. MASSEY DID MAKE A GOOD POINT. WE'RE NOT WE'RE NOT IN A LEGISLATIVE ONE EITHER.

YOU KNOW, THAT'S THE WAY THE BOARD OF SUPERVISORS. AND THERE IS AN ALTERNATIVE.

THEY COULD APPLY TO THE BOARD OF SUPERVISORS.

THEY MAY OR MAY NOT GET APPROVED, BUT FOR M2 ZONING, WHICH WOULD ALLOW THEM TO BE IN COMPLIANCE WITH THAT.

I GUESS I WAS KIND OF HOPING TO SEE THE CONTAINERS DISAPPEAR BEFORE THIS MEETING. YOU KNOW, MAYBE THEY CAN TALK TO STAFF AND THE PROBLEM WOULD GO AWAY, BUT IT LOOKS LIKE THAT HASN'T HAPPENED. HE HAD A POINT.

SURE. GO AHEAD SIR. IN REGARDS TO THE M2 ZONING.

I'M GLAD YOU BROUGHT THAT BACK UP, BECAUSE IT'S MY UNDERSTANDING THAT IT'S NOT ALLOWED ON ANY COMMERCIAL PROPERTY LONGER THAN 30 DAYS AND M2 AND M3.

ZONING DISTRICTS ALLOW OUTDOOR STORAGE AS A PRINCIPAL USE.

OKAY, SO THE OUTDOOR OUTDOOR STORAGE IS A PRINCIPAL USE IS ALLOWED, WHICH INCLUDES SHIPPING CONTAINERS, SHIPPING. OKAY, SO THEN AND BACK TO YOUR POINT WITH THE PLUMBING, THE ELECTRICAL.

SO HOW DOES THE COUNTY TREAT A SHED? WE'RE GETTING OUTSIDE OF THE REALM AGAIN.

I'M SORRY. I'M TRYING TO JUST CLARIFY BECAUSE I'M THE CONTAINER DEALER IN THIS MORNING'S HEARING AND GET THIS MORNING'S HEARING COMPLETED. I'M SORRY, I DON'T AGREE WITH BEING DISMISSED LIKE THAT. I DON'T YOU KNOW, I'M THE CONTAINER DEALER, SIR, AND I WOULD LIKE TO DIRECT MY CUSTOMERS IN THE RIGHT WAY.

YOUR CONTAINER DEALER? I AM, YES, SIR. A BUILDING CONTRACTOR? NO, SIR. I'M A CONTRACTOR. TALKING ABOUT BUILDINGS.

WE'RE TALKING ABOUT CONTAINERS. YES, SIR. WE'RE TALKING ABOUT THREE NOTICES OF VIOLATION THAT WERE ISSUED SEVERAL MONTHS AGO THAT ARE EITHER VALID OR INVALID.

MR. BLANKENSHIP, JUST A QUICK POINT OF CLARIFICATION.

IS THAT OKAY, PLEASE? I JUST WANT TO BE CLEAR ON THE M2 AND M3.

MY UNDERSTANDING ABOUT THAT AFTER THE MEETING, BECAUSE THAT IS NOT PART OF THE SUBJECT OF THIS HEARING. WELL, IT'S IMPORTANT PROPERTY IS NOT ZONED M2 OR M3. SO THAT QUESTION IS NOT RELEVANT TO THIS HEARING, BUT IT WAS DISCUSSED AS BEING AN ALTERNATIVE.

AND I JUST NEED TO BE CLEAR ON THAT, BECAUSE I DON'T BELIEVE THAT THE THE COUNTY'S STANCE IS THAT ALL SHIPPING CONTAINERS ARE PORTABLE STORAGE.

RIGHT. BUT OUTDOOR STORAGE AS A PRINCIPAL USE IS ALLOWED IN THE M2 AND M3 DISTRICTS.

PORTABLE STORAGE SITE THAT HAS BEEN THROUGH THE PROCESS.

YOU. SO GO OUT AND FIND M2 PROCESS AND OR PROPERTY AND DROP SHIPPING CONTAINERS.

OKAY. BUT YOU CAN DEVELOP M2 AND M3 PROPERTY FOR OUTDOOR STORAGE AS THE PRINCIPAL USE, WHICH WOULD INCLUDE THE OUTDOOR STORAGE OR SHIPPING CONTAINERS.

WELL, I THINK PERMANENTLY I THINK IT'S GETTING A LITTLE HEATED IN HERE. I'M SORRY.

THAT'S MY FAULT. AND I THINK WHAT NEEDS TO HAPPEN, WHAT I'M SEEING IS THE COUNTY AND THE APPLICANT HAVEN'T REALLY SAT DOWN AND WORKED A LOT OF THIS STUFF OUT. AND I'M SEEING SOME FRUSTRATION ON THEIR END AND SOME FRUSTRATION ON YOUR END.

BUT WHAT I THINK NEEDED TO HAVE HAPPENED IS JUST SIT THE HELL DOWN AND AND ANSWER SOME QUESTIONS ON BOTH SIDES BEFORE IT COMES IN HERE.

AND SO THEN THAT CONFUSES US BECAUSE THEN WE'RE SEEING THAT THE COUNTY DIDN'T SIT DOWN WITH THEM.

YOU ALL DIDN'T SIT DOWN WITH THE CAMERA. AND THEN WE GET CAUGHT UP IN THE MIDDLE OF, OF, OF ALL OF THIS.

AND SO JUST CAN, CAN WE JUST BE NICE AND, AND JUST GET ALONG AND JUST PLAN A MEETING AND FIX THIS CRAP? I APOLOGIZE. NOT, NOT NOT I'M JUST SAYING. SO WHEN WE ASK QUESTIONS, WE GET CONFUSED BECAUSE WE GET TANGLED UP IN THIS, IN THIS, IN THIS TECHNOLOGY AND, AND I'M IN THIS METHODOLOGY.

BUT IF Y'ALL, IF Y'ALL HAD JUST SAT DOWN AND FIGURED THIS OUT, THEN I'LL TALK TO EACH OTHER, THEN IT'S SIMPLER FOR US. PERIOD. THOSE ARE GOOD POINTS.

AND THEN WE GET I'M SORRY. THEN WE GET. WE'RE GOING TO ASK QUESTIONS.

YOU KNOW, YOU GOT INTELLIGENT FOLKS SITTING HERE.

SO WE'RE GOING TO ASK QUESTIONS. SO SOMETHING DEVIATES. WE'RE GOING TO WE'RE GOING TO WE'RE GOING TO SAY SOMETHING. AND WE DON'T NEED TO GET FRUSTRATED, YOU KNOW, ANYMORE. JUST TALK TO PEOPLE. JUST, JUST, YOU KNOW, AND WE ALL KNOW THIS, THIS IS THE SUMMER FOLKS AND TIME SCHEDULES AND ALL OF THIS JUST JUST TALK. YOU KNOW, HE SUBMITS A SITE PLAN.

WELL, IF YOU SUBMIT IT THE LAST NIGHT, THIS COUNTY COULDN'T RESPOND TO IT BY THIS MORNING.

SO, YOU KNOW, MAYBE THIS SHOULD HAVE BEEN DEFERRED.

BUT THEN LIKE I SAID, WE HAVE TO NOTICE THE VIOLATIONS THAT WE HAVE TO DEAL WITH.

WELL. MR.. THAT'S WHAT MR. BLANKENSHIP IS SAYING, BASICALLY SAYING, DON'T LOOK AT ALL THIS OTHER CRAP AND JUST BRING JUST FOCUS ON ON THE REAL ISSUE. SO LISTEN, IT'S A REAL ISSUE. REGULATIONS THAT WE HAVE.

YEAH, YEAH, YEAH. AND BECAUSE THE COUNTY IS EXEMPT OF THE COUNTY AND STATES ARE EXEMPT.

[02:40:05]

THAT'S JUST THE WAY WE CAN'T CHANGE THAT. WE CAN'T YOU KNOW, WE GOTTA FOLLOW THE RULES.

MR. BLANKENSHIP, THE GUEST IS SAYING THAT NO MATTER WHAT WE DO TODAY, THEY STILL HAVE THE OPPORTUNITY TO MAKE THIS RIGHT.

EXACTLY. YES. THEN MY QUESTION IS, IF WE DEFER IT, DOES IT MAKE A DIFFERENCE AT ALL TO ANYONE? NO, SIR. THE NOTICES WERE ISSUED IN THE PAST, AND THE QUESTION IS WHETHER THOSE NOTICES WERE VALID ON THE DAY THEY WERE ISSUED.

OKAY. AND NOTHING ELSE MATTERS. AND THE COUNTY CONTENTIONS, THOSE VIOLATIONS WERE VALID.

RIGHT? RIGHT. AND THAT'S THE END OF IT. YEAH.

AND IF WE AFFIRM THIS DECISION, THE GENTLEMAN STILL HAS THE OPPORTUNITY TO GET RIGHT.

YES. ALL RIGHT, ALL RIGHT. MY MY RECOMMENDATION FOR THE REASONS STATED BY THE ASSISTANT.

EXCUSE ME, MR. ESSER, DO WE NEED TO OPEN IT UP TO.

I DON'T THINK SO. BECAUSE YOU HAD A PUBLIC HEARING ALREADY.

OKAY. SORRY, MR. MASK. GO AHEAD. OKAY. AND THERE'S NO ONE HERE.

YEAH. FOR THE REASONS STATED BY THE ASSISTANT COUNTY ATTORNEY AND HIS PRESENTATION TO THE BOARD.

I MOVE THAT THE BOARD FIND THE DIRECTOR CORRECTLY DETERMINED THAT THE SHIPPING CONTAINERS WERE STORED FOR LONGER THAN 30 DAYS ON 31 WALTER AVENUE AND 1400 HOWLAND STREET. FINALLY, THE DIRECTOR CORRECTLY DETERMINED THAT.

3341 WALTER AVENUE, 1400 COLLINS STREET AND 3320 WAVERLY BOULEVARD ARE BEING USED FOR OUTDOOR STORAGE OF VEHICLES, EQUIPMENT, TOOLS AND OTHER ITEMS WITHOUT FIRST ESTABLISHING A LAWFUL PRINCIPAL USE FOR AN APPROVED SITE PLAN AND AFFIRMED THE DECISION OF THE DIRECTOR AND DISMISSED THE APPEAL.

SIR, CAN WE HAVE A MOTION BY MR. MASSEY AND A SECOND BY MR. GREEN? ALL IN FAVOR OF THE MOTION? I'M SORRY.

YES. JUST WANT A CLARIFICATION. THEY'VE BEEN.

THEY'VE BEEN FOUND IN VIOLATION. WHAT HAPPENS NOW? MR. GAGNON, CAN YOU ANSWER THAT? I CAN SPEAK TO THAT, MR. GREEN. SO ESSENTIALLY, THE NOTICES OF VIOLATION ARE GOING TO REMAIN, BUT THE NOTICE OF VIOLATION DON'T DO ANYTHING ON THEIR OWN.

BUT THEY DO ALLOW US TO DO IS CONTINUE TO ENFORCE.

SO GENERALLY THAT IS GOING TO MEAN AT SOME POINT IN THE FUTURE, IF THE NOTICE OF VIOLATION ARE NOT COMPLIED WITH, WE WOULD BE ABLE TO BRING A CASE IN GENERAL DISTRICT COURT, BASICALLY TO GET THEM TO FOR A JUDGE TO TELL THEM TO GO AHEAD AND COMPLY WITH THE NOTICE OF VIOLATION. SO THAT MEANS YOU WANT THEM TO REMOVE THEM.

BUT NOW EXACTLY TALKING. EVERYBODY'S TALKING.

BUT I WOULD ASSUME A JUDGE WOULD SEE THAT IF IT WENT TO THE CIRCUIT COURT AND SAID, WELL, YOU ALL ARE TALKING TO EACH OTHER. KEEP TALKING AND FIGURE IT OUT.

JUDGES. YES. YES, SIR. AND SO WITH REGARD TO THE SITE PLAN SPECIFICALLY, I CAN TELL YOU BECAUSE THAT WAS SUBMITTED THIS MORNING, I GUESS WE WOULD CERTAINLY NOT BE BRINGING FORWARD A CASE ON THE SITE PLAN ISSUE FOR SOME PERIOD OF TIME TO GIVE US SOME TIME TO REVIEW THAT AND GO THROUGH THAT PROCESS. I MEAN, THAT'S, THAT'S WHAT WE'RE LOOKING FOR.

WHAT IS THE PENALTY FOR VIOLATIONS? WHAT HAPPENS NOW? SO FOR THE FOR THE NOTICE OF VIOLATION THERE'S NO PENALTY.

OKAY. THE PENALTY KICKS IN AT THE IF THEY'RE FOUND GUILTY OF VIOLATING THE THE ZONING ORDINANCE BY A JUDGE AFTER THE GENERAL DISTRICT COURT CASE, WHICH WOULD TAKE A WHILE.

YEAH. SO WE'RE IN THE SEMANTIC STAGE RIGHT NOW.

IT'S LIKE MR. GREEN SAYS, IT GIVES PLENTY OF OPPORTUNITY FOR BOTH SIDES TO SIT DOWN AND HOPEFULLY COME TO A BETTER UNDERSTANDING.

YES, SIR. OKAY. ALL RIGHT. WE HAVE A MOTION. MR. ROSSI, SECOND BY MR. GREEN. ALL IN FAVOR OF THE MOTION, SAY AYE. AYE.

AYE. ALL OPPOSED? I DON'T HEAR, HEAR NONE. SO THE MOTION CARRIES AND THE PLANNING DIRECTOR'S DECISION IS AFFIRMED. WELL, THAT BRINGS US TO THE MINUTES.

WE DID HAVE TWO SETS OF MINUTES FOR YOU THIS MONTH.

A LOT OF HARD WORK BY A LOT OF PEOPLE WHILE WE HAVE A VACANT POSITION ON STAFF.

I REALLY APPRECIATE EVERYONE PULLING TOGETHER AND GETTING ALL THOSE MINUTES CAUGHT UP.

POSITION IS STILL VACANT. IF ANY OF YOU ARE LOOKING FOR IF WE COULD HAVE, I GUESS TWO SEPARATE MOTIONS, IT'D PROBABLY BE BETTER. ONE FOR ONE. YEAH, THAT'S PROBABLY PROBABLY PROBABLY DO THAT.

OKAY. SO WE HAVE A DO WE HAVE A MOTION ON THE MAY MEETING MINUTES.

OKAY. MOTION BY MR. GREEN. IS THERE A SECOND, SECOND, SECOND BY MR. BROADWAY. ALL IN FAVOR, SAY AYE. AYE. OPPOSED? NO. THE MOTION CARRIES. AND NOW WE'LL HAVE A MOTION ON THE JUNE MEETING.

SO MOVE WITH MAKE SURE MR. LAWRENCE'S CORRECTIONS ARE YES, SIR.

DAVID, DO HAVE SOME WORK, I THINK. ANYWAY MR..

MR. GREEN MADE THE MOTION SECOND, MR. JOHNSON.

OKAY, ALL IN FAVOR, SAY AYE. ALL OPPOSED? NO.

HEARING. HEARING NONE. MOTION CARRIES. MINUTES ARE APPROVED.

NOW, DID YOU NOTICE IN YOUR VOLUMINOUS PACKAGES THAT WE DISTRIBUTED.

NEXT YEAR'S CALENDAR CALENDAR BROUGHT COPIES FOR EVERYONE BECAUSE SOMETIMES THEY GET LOST IN SUCH A BIG PACKAGE.

[02:45:06]

AND I DIDN'T GIVE A SPECIFIC DATE FOR THE MEETINGS, BUT I GUESS THAT'S WE NEED THAT FOR THE RECORD OR NOTICE THAT WE'RE APPROVED.

IT WAS MAY 28TH, 2026. JUNE 25TH, 2026. MOTION TO ADJOURN WOULD BE A MOTION TO ADJOURN. I'LL JUST CALL THE MEETING.

* This transcript was compiled from uncorrected Closed Captioning.