[1c. CUP-2026-101881 Withdrawn Joel Vidal: conditional use permit to keep more than four dogs at 7570 Elko Road, The Pines, Varina. Parcel 857-692-0721. Zoning: A-1, Agricultural District. Code Section: 24-4420.G. ]

7570 ELKO ROAD IN VARINA. THAT CASE HAS BEEN WITHDRAWN.

WILL NOT BE HEARD THIS MORNING. ALSO, THERE WAS AN APPEAL APPEAL 2026 NUMBER 101635 DALE MULLEN,

[3. APPEALS]

[3a. APP-2026-101635 Withdrawn Dale Mullen, Esq., for St Luke Apartments: appeal a notice of violation at 3901 Pilots Lane, Fairfield. Parcels 793-739-5311, 792-738-7588 and 793-739-9757. Zoning: R-5, General Residence District. Code Section: 24-2320. ]

ESQUIRE FOR SAINT LUKE'S APARTMENTS APPEAL AND NOTICE OF VIOLATION AT 3901 PILOTS LANE IN THE FAIRFIELD DISTRICT.

THAT CASE HAS ALSO BEEN WITHDRAWN, SO THAT WILL NOT BE HEARD THIS MORNING.

MR. BLANKENSHIP, JUST OUT OF CURIOSITY, DO YOU KNOW WHY THAT FIRST CASE WAS WITHDRAWN? I NOTICED THAT STAFF HAD RECOMMENDED APPROVAL ON IT, BUT IT'S A LITTLE UNUSUAL, BUT I DO.

THERE WERE ORIGINALLY SEVERAL VIOLATIONS ON THE PROPERTY.

MOST OF THEM WERE CORRECTED. AND THEN THE ONLY OUTSTANDING ISSUE WAS WHERE THE DOGS WERE BEING KEPT ON THE PROPERTY.

IT'S A LARGE ENOUGH SITE THAT THE PROPERTY OWNER WAS ABLE TO MOVE THE DOGS TO A PLACE WHERE THEY MEET THE DISTANCE REQUIREMENTS, SO THAT NO CONDITIONAL USE PERMIT WAS NECESSARY.

SO ESSENTIALLY, THE NEIGHBORS RESOLVED THE DISPUTE WITHOUT THE BOARD HAVING TO STEP IN.

GREAT. I ENCOURAGE MORE OF THAT. YES. ALL RIGHT.

ARE WE READY TO BEGIN? YES, SIR. ALL RIGHT. THE FIRST CASE IS CONDITIONAL USE PERMIT 2026 NUMBER 101819.

[1a. CUP-2026-101819 Brookland Danny Shockley for Warren Vassar: conditional use permit to build a detached accessory dwelling unit at 8301 Hungary Road, Laurel Heights, Brookland. Parcel 766-760-5406. Zoning: R-2, One-Family Residence District. Code Section: 24-4406. ]

DANNY SHOCKLEY FOR WARREN VASSAR. A CONDITIONAL USE PERMIT TO BUILD A DETACHED ACCESSORY DWELLING UNIT AT 8301 HUNGARY ROAD IN LAUREL HEIGHTS IN THE BROOKLYN MAGISTERIAL DISTRICT. WOULD EVERYONE WHO INTENDS TO SPEAK TO THIS CASE PLEASE STAND AND BE SWORN IN? RAISE YOUR RIGHT HAND, PLEASE. DO YOU SWEAR? OH, YES. EVERYONE, 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. BEFORE MISS ROSMUS BEGINS, LET ME JUST CALL YOUR ATTENTION, MEMBERS OF THE BOARD, TO TWO EMAILS REGARDING THIS CASE THAT WERE LEFT ON THE TABLE FOR YOU THIS MORNING, AND MISS ROSMUS. WITH THAT, YOU CAN BEGIN.

THANK YOU, MR. SECRETARY. THE SUBJECT PROPERTY IS LOCATED AT 8301 HUNGARY ROAD, 600FT WEST OF THE INTERSECTION OF HUNGARY AND STAPLES MILL ROADS IN THE BROOKLYN MAGISTERIAL DISTRICT. THE 0.47 ACRE PARCEL IS APPROVED WITH A 2570 SQUARE FOOT RANCH STYLE HOME, BUILT IN 1963 AS PART OF THE LAUREL HEIGHTS SUBDIVISION.

THE PROPERTY CONTAINS A PRIMARY DWELLING, A U-SHAPED DRIVEWAY WITH ACCESS ON HAGEN ROAD AND HUNGARY ROAD, AND AN ACCESSORY BUILDING IN THE REAR YARD. THE APPLICANT IS SEEKING A CONDITIONAL USE PERMIT TO CONSTRUCT A 25.5FT BY

[00:05:05]

23.5FT DETACHED ACCESSORY DWELLING IN THE REAR OF THE YARD.

ACCORDING TO THE PLANS PROVIDED BY THE APPLICANT, THE PROPOSED ADU WOULD BE LOCATED OUTSIDE THE EXISTING 12 FOOT SEWER EASEMENT THAT RUNS ALONG THE SOUTH END OF THE PROPERTY, BEHIND THE PRIMARY DWELLING.

YOU CAN SEE THE EASEMENT IS BACK HERE. THE ADU WOULD BE A SINGLE STORY BUILDING, 599.25FT² IN SIZE, WHICH IS BELOW THE MAXIMUM 800FT² ALLOWED FOR A STRUCTURE ON THIS PROPERTY.

FEW STRUCTURES IN THE LAUREL HEIGHTS SUBDIVISION HAVE, OR EXCUSE ME, FEW PROPERTIES IN THE LOWER HEIGHTS SUBDIVISION HAVE ACCESSORY STRUCTURES INCLUDING GARAGES, SHEDS, AND SWIMMING POOLS.

THE STRUCTURE WOULD BE VISIBLE FROM HAGEN ROAD.

HOWEVER, THE PROPERTY ALREADY HAS. AN EXISTING DETACHED GARAGE IS ALSO VISIBLE BY.

ALSO VISIBLE FROM HAGEN ROAD, SO THE VISUAL IMPACT OF AN ADDITIONAL BUILDING WOULD BE MINIMAL.

THE U SHAPED DRIVEWAY PROVIDES ACCESS FROM HAGEN ROAD AND ON HUNGRY AND PROVIDES ADDITIONAL SPACE FOR PARKING OF MORE VEHICLES.

STAFF DID RECEIVE TWO WRITTEN COMMENTS IN THIS CASE THAT SPOKE AND SPOKE TO THE IMMEDIATE NEIGHBOR, THE GENTLEMAN THAT LIVES BACK HERE. REGARDING THE THE CASE.

MOST COMMENTS WERE CONCERNED ABOUT THE CONSTRUCTION PROCESS DURING THE ADU.

THEY WERE LESS CONCERNED ABOUT THE ADU ITSELF.

EVERYONE SEEMED PRETTY MUCH FINE WITH THAT. THEY WERE MORE CONCERNED ABOUT THE POSSIBILITY OF HAGEN ROAD BEING BLOCKED WHILE CONSTRUCTION IS GOING ON. BECAUSE IF YOU CAN SEE FROM THIS AERIAL. HAGEN? OH, WELL, THERE'S MORE. THERE'S MORE HOUSES BACK HERE. BUT HAGEN ROAD IS THE ONLY ACCESS FOR A LOT OF THESE FOLKS THAT LIVE, YOU KNOW, IN THIS SUBDIVISION THAT'S BACK HERE.

SO BLOCKING THAT WOULD BE, YOU KNOW, BLOCKING THEM FROM GETTING OUT OF THEIR SUBDIVISION.

SO WE HAVE WRITTEN IN THE CONDITIONS JUST A CONDITION THAT SPECIFICALLY ADDRESSES THAT ALL CONSTRUCTION VEHICLES NEED TO BE PARKED OUT OF THE RIGHT OF WAY OFF OF THE ROAD. BUT OTHER THAN THAT, THERE'S NO OBJECTION FROM NEIGHBORS.

STAFF RECOMMENDS APPROVAL AND I CAN ANSWER ANY QUESTIONS FROM THE BOARD.

HAVE ANY QUESTIONS FOR MISS ROSMUS? I HAD 1 OR 2 MISS ROSS.

IS THERE A LIMIT IN THE CODE ON THE NUMBER OF ACCESSORY BUILDINGS THAT ARE ALLOWED IN REAR YARDS.

SO THERE'S NOT A LIMIT TO THE NUMBER. IT'S THE PERCENTAGE OF YARD THAT IS TAKEN UP AND IT'S 65%.

35%. OH I GOT THAT WAY OFF. SO THIS PROPERTY I THINK IS IS NOT MEETING THAT.

I MEAN, THEY DO HAVE A A GARAGE ALREADY THERE, BUT YOU HAVE TO HAVE KIND OF A LOT OF BUILDINGS TO REALLY TAKE UP 35% OF THE.

SO THEY WOULD STILL FALL WITHIN THAT ALLOWED PERCENTAGE WITH THIS PROPOSED.

YEAH. YEAH. I THINK THE LOT IS LARGE ENOUGH TO ACCOMMODATE AN ADDITIONAL LIKE THERE'S ALSO A PRIVACY FENCE ALONG THE REAR OF THE PROPERTY THAT SEPARATES THE PROPERTY FROM THEIR ADJOINING NEIGHBORS. THERE IS YEAH, THERE'S A, THERE'S A REALLY NICE. IT LOOKS VERY NEW PRIVACY FENCE.

AND ALSO THE REAR NEIGHBOR, IT'S A SLIGHT DECLINE.

YOU CAN'T REALLY SEE IT FROM THIS ANGLE. YOU CAN KIND OF SEE IT WHEN YOU'RE ON HOGAN ROAD.

SO THE REAR NEIGHBOR IS DOWN JUST, JUST A LITTLE BIT.

BUT THE PRIVACY FENCE ADDS A LOT OF PROTECTION.

AND I THINK THAT THERE USED TO ALREADY LOOKING AT THIS GARAGE.

SO I DON'T, I DON'T THINK AN ADDITIONAL BUILDING IS REALLY GOING TO MAKE A HUGE DIFFERENCE TO THEM. I UNDERSTAND THE NEIGHBOR'S CONCERN ABOUT, ABOUT INGRESS AND EGRESS. I WAS WENT TO EYEBALL THE PROPERTY AND TRYING TO MAKE A LEFT TURN ON THE ROAD OUT OF THE SUBDIVISION IS VERY DIFFICULT BECAUSE OF THE SIGHT SIGHT LINE.

YEAH. IN FACT, PROBABLY UNLESS YOU'RE GOING AT AN OFF TIME OF DAY, YOU'RE KIND OF TAKING YOUR LIFE IN YOUR HANDS TRYING TO DO THAT.

OF COURSE, THAT'S HAS NOTHING TO DO WITH THE PROPERTY OWNER OR WHAT HE'S PROPOSING HERE.

BUT I DID NOTICE TOO, I SAW A HENRICO WAS EITHER DPI OR DPW VEHICLE THAT WAS KIND OF GOING UP AND DOWN THE ROAD. SO I GUESS THERE MUST BE SOMETHING GOING ON THERE.

I'M NOT SURE WHAT, BUT THERE IS A VERY LARGE CUL DE SAC AT THE END OF THAT ROAD, SO THERE'S PLENTY OF TURN SPACE THERE.

YES. AND IF I RECALL WITH STAFF'S RECOMMENDATION, THERE WOULD BE CONDITIONS IN HERE THAT WOULD ENSURE THAT CONSTRUCTION VEHICLES ARE KEPT OFF THE ROAD. IS THAT CORRECT? YES, YES. AND WE ALREADY THE NEIGHBORS HAVE ALREADY, YOU KNOW, CALLED AND VOICED THEIR CONCERNS.

SO THEY'RE THEY'RE PAYING ATTENTION. SO WE'LL MAKE SURE THAT, THAT, THAT STAYS CLEAR.

YEAH. THIS IS ON A BUSY ROAD TOO. SO I MEAN, IT'S THE PRIVACY FENCE.

AND GIVEN THE TRAFFIC ON THE ROAD, I DON'T THINK THE STRUCTURE WOULD PROBABLY IMPACT THE NEIGHBORHOOD TOO MUCH.

[00:10:02]

AND I THINK THE STAFF REPORT SAID THERE ARE ALSO OTHER ACCESSORY STRUCTURES IN THE NEIGHBORHOOD AS WELL.

THERE ARE. YEAH. YEAH. THERE'S A, THERE'S A COUPLE WELL EXTENDED AREA, MAYBE MAYBE EXTENDED AERIAL.

THERE'S A COUPLE DOWN HERE IN THIS SECTION. AND THEN THERE WAS A, I THINK THAT THERE WAS LIKE ONE BACK HERE IN THIS THE CONTINUATION OF THIS NEIGHBORHOOD. SO THEY'RE NOT, THEY'RE NOT UNCOMMON, BUT YOU KNOW, EVERYBODY DOESN'T HAVE ONE.

RIGHT. OKAY. THANK YOU MISTER. DOES ANYBODY ELSE FROM THE BOARD HAVE QUESTIONS BEFORE WE HEAR FROM THE APPLICANT? OKAY, LET'S GO AHEAD AND HEAR FROM THE APPLICANT. NOW, IF WE COULD AND THAT WOULD BE MR. SHOCKLEY, I BELIEVE. SEE HERE. YEAH. I'M HERE.

DANNY SHOCKLEY. SHOCKLEY. IF YOU COULD JUST KIND OF SUMMARIZE THE CASE AGAIN FOR US, SIR? SURE. YEAH. I BROUGHT MY MOTHER FROM COLORADO.

WE SOLD OUR HOUSE IN COLORADO. SHE'S STAYING WITH ME.

SHE'S SHE'S ELDERLY, SO SHE'S STILL ABLE TO HAVE HER OWN PLACE, WHICH SHE WANTS HER OWN PLACE, BUT WE NEED TO KEEP HER CLOSE. SO THAT'S WHY WE CAME UP AND WE FOUND THE CONSTRUCTION COMPANY THAT BUILDS ADUS.

SO KIND OF GIVE HER HER OWN SPACE SO SHE CAN STILL FEEL INDEPENDENT, BUT STILL CLOSE ENOUGH TO THE FAMILY WHERE WE COULD TAKE CARE OF HER.

OKAY. MISS ROSS, WAS MR. SHOCKLEY PROVIDED WITH THE EMAILS THAT WE RECEIVED.

OKAY, WE'RE GOING TO GIVE YOU A COPY OF THOSE EMAILS JUST SO THAT YOU CAN BE AWARE, YOU'VE GOT NEIGHBORS WHO ARE VERY CONCERNED ABOUT THIS ISSUE OF THE CONSTRUCTION VEHICLES AND MATERIALS BLOCKING THE ROAD. AND JUST WE'RE ASKING YOU, PLEASE STAY ON TOP OF THAT AND MAKE SURE THAT THE CREWS THAT YOU'RE RESPONSIBLE FOR.

STAY ON TOP OF THAT. DEFINITELY. YEAH. I DON'T KNOW WHAT YOUR TIME TIMELINE IS FOR THE CONSTRUCTION PROCESS, BUT YEAH, LOOKS LIKE IT'S I MEAN, IT'S NOT A REAL WIDE ROAD, BUT LIKE I SAID, THERE IS A LARGE TURN RADIUS AT THE END OF THE ROAD, SO THERE'S PLENTY OF SPACE FOR VEHICLES TO TURN AROUND, ETC..

BUT I GUESS I CAN UNDERSTAND THE NEIGHBOR'S CONCERN TO THAT GIVEN THE WIDTH OF THE ROAD.

IF YOU'VE GOT VEHICLES PARKED THERE THAT IT MIGHT INHIBIT INGRESS AND EGRESS.

OH, DEFINITELY. AND WE HAVE ENOUGH ROOM ON OUR PROPERTY WHERE AND I TOLD JOEL, THE CONSTRUCTION CONTRACTOR, THEY CAN DEFINITELY JUST PULL INTO OUR DRIVEWAY, PARK ANYWHERE ALONG THE ON OUR PROPERTY WHILE THEY'RE DOING THE CONSTRUCTION TOO.

WE WERE LOOKING FOR DECEMBER FINISH LINE, BUT I KNOW WITH THE REZONING, WE HAD SOME ISSUES WITH PERMITS WITH SOMEONE SAYING THAT THE SIDE OF MY HOUSE IS NOW THE FRONT OF MY HOUSE AND IT KIND OF HELD EVERYTHING UP.

SO WE'RE PROBABLY LOOKING NOW INTO JANUARY FOR COMPLETION TIME, BUT I'M ASSUMING ALL THOSE WHATEVER WAS GOING ON GOT RESOLVED.

SAYS I GOT A CALL FROM THE CONSTRUCTION COMPANY SAYING THEY'RE BACK ON HOGAN ROAD IS A.

I MEAN, IT'S A DEAD END ROAD, SO IT'S NOT A. WHAT'S MAYBE, WHAT, 2 OR 3 BLOCKS TO THE END OF THE ROAD.

SO IT'S NOT REALLY A WHOLE LOT OF TRAFFIC ON THAT ROAD. BUT THERE ARE QUITE A FEW HOUSES BACK THERE THAT HAVE NO OTHER OUTLET, I THINK 16 OR SO HOUSES.

YEAH. WELL, THERE'S A CUL DE SAC DOWN, AND THERE'S ALSO ANOTHER CUL DE SAC TO THE LEFT WHERE THERE'S HOUSES I SEE.

OKAY. YEAH. ALL RIGHT. OKAY. THANK YOU SIR. ANY OTHER QUESTIONS FROM THE BOARD BEFORE WE OPEN UP THE PUBLIC HEARING? ANYONE? EXCUSE ME, MR. GREEN. YOUR MIC IS MUTED.

YEAH, YOUR MICS OFF. I THINK IF ANYONE DID NOT NECESSARILY NEED A CONDITIONAL USE PERMIT AND WANTED TO PUT SOMETHING ADD ON TO THEIR HOUSE, THEY WOULD BE FACED WITH THE SAME SITUATION IN TERMS OF CONSTRUCTION VEHICLES.

CORRECT. YEAH. I MEAN, YEAH, PRETTY MUCH EVERYWHERE.

I THINK THIS PLACE, THIS NEIGHBORHOOD IS PARTICULARLY SENSITIVE ABOUT IT BECAUSE IT IS THE ONLY WAY IN AND OUT.

SO, YOU KNOW, YOU MIGHT HAVE ANOTHER NEIGHBORHOOD THAT HAS, YOU KNOW, TWO WAYS IN AND OUT OF THE OF THE DEVELOPMENT.

SO, YOU KNOW, PEOPLE WOULD BE LESS CONCERNED.

YEAH. BUT I'M JUST SAYING THAT'S JUST PAR FOR THE COURSE WHEN PEOPLE AREN'T KNOWING, DOING SOMETHING THAT SOME OTHER NEIGHBOR WHO DIDN'T, DID NOT NECESSARILY NEED A CONDITIONAL USE PERMIT COULD HAVE THE SAME ISSUE AND THERE'D BE NO COMPLAINT.

I MEAN, THERE COULD BE. YEAH. YOU KNOW, IF THEY'RE BLOCKING THE ROAD THAT THEY CAN, SOMEONE CAN STILL CALL UP, YOU KNOW, COMMUNITY MAINTENANCE AND SAY, YOU KNOW, THERE'S CONSTRUCTION VEHICLES BLOCKING THE ROAD. I CAN'T GET OUT. JUST SIMPLY GO TO THE NEIGHBOR AND SAY, LOOK, THEY COULD DO THAT. YEAH. YEAH.

THAT WOULD, YOU KNOW, TAKE A LITTLE LESS TIME, LESS WORK FOR US.

YEAH. I JUST THINK THAT, YOU KNOW, I UNDERSTAND, YOU KNOW, BECAUSE IT'S A CONDITIONAL USE PERMIT, THERE'S A CONCERN. BUT IF THERE WAS NOT A CONDITIONAL USE PERMIT, THEN SOMEBODY ELSE COULD DO THE SAME THING.

YEAH. I HAVE A FEELING THAT THESE NEIGHBORS WOULD HAVE CALLED US EVEN IF THEY DIDN'T HAVE A CONDITIONAL USE PERMIT.

I JUST THINK THAT THEY PAY ATTENTION. THAT'S A GOOD POINT.

MR. GREEN MADE THAT IF SOMEBODY HAD A BY RIGHT ABILITY TO CONSTRUCT ON THE PROPERTY TO HAVE THE SAME ISSUE, SO IT'S NOT THIS PARTICULAR REQUEST IS NOT PROBABLY CREATING ANY DIFFERENT SITUATION YOU'D HAVE IF SOMEBODY WAS ADDING ON TO THE HOUSE THAT DIDN'T REQUIRE A PERMIT OR DOING OTHER WORK ON THE PROPERTY.

[00:15:01]

YEAH, BECAUSE IT WAS NOTED A COUPLE OF TIMES BY NEIGHBORS. I THOUGHT THAT, YOU KNOW, APPROPRIATE TO PUT A CONDITION IN THERE THAT ADDRESSES IT. AND THAT'S A, THAT'S A, I WOULD THINK SATISFY THE NEIGHBORS CONCERNS, I THINK.

SO, YEAH. I SPOKE TO THE, YOU KNOW, THE GENTLEMAN THAT LIVES IMMEDIATELY BEHIND THE HOUSE AND HE SEEMED SATISFIED WITH THAT.

WAS HE ONE OF THE ONES THAT EMAILED US. NO. I SPOKE TO HIM ON THE PHONE. OKAY.

ALL RIGHT. OKAY. ANY OTHER QUESTIONS BEFORE WE HAVE THE PUBLIC HEARING? THANK YOU, MR. SHOCKLEY. THANK YOU GUYS. AT THIS TIME, WE WILL HEAR IF THERE'S ANYONE IN THE PUBLIC WHO WISHES TO SPEAK IN OPPOSITION TO THE CASE, OR IS THERE ANYONE ON THE WEBEX THAT WISHES TO SPEAK IN OPPOSITION TO THE CASE? GOOD.

GOOD MORNING. MY NAME IS VICTOR GARNER. GARNER.

I'M A DJS NEIGHBOR DIRECTLY BEHIND THE NEW HOUSE.

I'M HAPPY FOR HIM. AND HE CAN TAKE CARE OF HIS MOTHER IN LAW.

I COULDN'T TAKE CARE OF MY PARENTS WHEN THEY GOT OLD, SO I'M FULL SUPPORT OF WHAT HE'S DOING.

BUT I HAVE SOME REAL ISSUES WITH TRAFFIC RIGHT THERE AT THAT INTERSECTION.

THE INTERSECTION AT HUNGARY AND STAPLES MILLS.

MY, IN MY OPINION, ONE OF THE MOST DANGEROUS INTERSECTIONS IN THE COUNTY.

AND I'M SURE WE COULD PULL UP THE RECORDS OF HOW MANY ACCIDENTS HAVE HAPPENED AT THAT INTERSECTION.

BUT A WEEK DOESN'T GO BY THAT THERE'S NOT SOMETHING GOING ON DOWN THERE.

THE SPEED LIMIT RIGHT THERE AT THAT INTERSECTION OF HAAGEN AND HUNGRY ROAD IS POSTED 35 MILES AN HOUR, AND FOR A WHILE THE COUNTY HAD A SPEED AND ONE OF THOSE SMILEY LITTLE.

WE THANK YOU FOR DRIVING THE SPEED LIMIT OR YOU'RE NOT DRIVING THE SPEED LIMIT AND IT FLASHED RED AT.

YOU DID A GOOD JOB OF SLOWING EVERYBODY DOWN THERE, BUT THEY SOON FORGOT ABOUT IT.

ONE OF YOU GENTLEMEN ASKED ABOUT THE REASON THE TRAFFIC IS SO BAD.

THERE IS THERE'S A MOSQUE RIGHT UP THE STREET.

SO EVERY AFTERNOON ABOUT 2:00, YOU CAN'T YOU CAN'T GET OUT OF THERE.

JUST BECAUSE OF THE TRAFFIC. AND THEY'RE ALL IN A HURRY AND THE COUNTY'S COME THROUGH AND PUT NO U-TURN SIGNS FOR CARS HEADING. I GUESS THAT WOULD BE SOUTH OR EAST ON TOWARDS STAPLES MILL.

BUT THEY STILL LIKE TO STOP AND TURN AROUND, ESPECIALLY AT THE INTERSECTION RIGHT THERE.

I IN MY OPINION, THERE SHOULD BE A NO U-TURN SIGN IN BOTH DIRECTIONS AT THAT.

YEAH, RIGHT THERE AT THAT INTERSECTION. THERE SHOULD BE A NO U-TURN RIGHT THERE BECAUSE LIKE YOU SAID, THERE'S PLENTY OF SPACE TO DRIVE DOWN INTO EITHER ONE OF THOSE CUL DE SACS AND MAKE A SAFE EXIT OUT OF THERE.

BUT PEOPLE GET FRUSTRATED WITH TRAFFIC. THEY LOVE TO PULL INTO DJ'S DRIVEWAY AND MAKE, YOU KNOW, BACK OUT AND TURN AROUND. MY DRIVEWAY IS A LITTLE MORE INTIMIDATING, BUT RICK'S THE OTHER HOUSE ON THE CORNER OF HUNGARY AND HAGEN ROAD. HIS DRIVEWAY IS TREACHEROUS, SO ANY CARS THAT ARE PARKED, ANY CLOSE TO THAT INTERSECTION. SARAH, COULD YOU GO BACK TO THE RED AND WHITE PICTURE YOU HAD THAT SHOWED HOW NARROW IT IS THERE? THAT ONE WILL DO. YOU CAN SEE HOW CLOSE THE. YOU CAN SEE HOW CLOSE THE RIGHT OF WAY IS TO THE ACTUAL PAVEMENT.

PEOPLE PARK RIGHT THERE ALL THE TIME. THAT'S A SCHOOL BUS STOP RIGHT THERE.

AND PARENTS WILL PARK THERE TO PICK UP THEIR KIDS WHEN IT'S RAINING AND STUFF.

AND I'M NOT PICKING ON THE COUNTY, BUT THERE'S ONLY ONE STREETLIGHT IN THAT WHOLE AREA, AND IT CAN BE DARK, SO THERE SHOULD BE NO PARKING SIGN SIGNS. I DON'T KNOW WHAT THE COUNTY CODE IS, BUT I KNOW YOU DON'T NOT SUPPOSED TO BE ABLE TO PARK ON TRAVELED PORTIONS OF THE HIGHWAY OR THE ROADWAY. PEOPLE DON'T PARK ON HUNGRY ROAD IN FRONT OF DJ'S HOUSE.

PARKING OVER THERE ON THAT OTHER SIDE IS DANGEROUS.

I CAME HOME LAST NIGHT IN THE RAIN AND DJ'S NEIGHBOR WAS HAVING A GET TOGETHER, AND THERE WERE SEVERAL CARS PARKED RIGHT THERE BETWEEN DJ'S DRIVEWAY AND HUNGRY ROAD AND YOU COULDN'T SEE THEM.

THERE'S NO LIGHT THERE OR ANYTHING, SO PARKING THERE IS DANGEROUS.

THE RIGHT OF WAY ACROSS THE STREET FROM MY HOUSE HAS BUSHES ACTUALLY GROWING OUT INTO THE ROADWAY.

THAT MAKES IT EVEN NARROWER THROUGH THERE. I COULD SHOW THE BOARD SOME INTERESTING PICTURES OF, YOU KNOW, ALREADY CONSTRUCTION VEHICLES OUT THERE AND YOU CAN'T GET IN AND OUT OF WITHOUT BUSHES SCRAPING YOU.

AND I BELIEVE THERE'S A SPECIAL NEEDS CHILD THAT LIVES DOWN THERE, THAT THE SHORT BUS NEEDS TO BE ABLE TO GET DOWN IN THERE AND OUT SAFELY.

[00:20:03]

EXCUSE ME SIR. EXCUSE ME SIR. MY MAJOR CONCERN IS THE SPEED LIMIT THERE AND PARKING.

WHEN THEY BUILT THE CONVENT ACROSS THE STREET FROM ME, THAT THEY REMOVED A SPEED LIMIT SIGN FOR PEOPLE COMING BACK UP THE HILL TOWARDS HUNGRY ROAD. I'D LIKE TO SEE THAT REPLACED.

THAT POST IS SITTING UP AGAINST A PINE TREE IN MY YARD.

I HAD TO GO PULL IT OUT OF THE BUSHES BECAUSE EVERYBODY WANTS US TO FORGET ABOUT IT. LET ME LET ME SUGGEST SOMETHING, MR. GARNER. THAT'S KIND OF OUT OF OUR PURVIEW, I THINK. AND I UNDERSTAND YOUR CONCERNS, I DO.

YEAH. YOU'VE GOT SOME LEGITIMATE CONCERNS. AND WHAT I'D LIKE TO SEE DONE, MAYBE. IS THERE A WAY THAT WE COULD GET STAFF TO GET TOGETHER WITH MR. GARNER? EITHER BRING SOMEBODY FROM STAFF TO MEET WITH HIM OR GET IN TOUCH WITH HIM AND THE NEIGHBORS TO SEE IF THERE'S SOMETHING THAT WE CAN DO TO TRY TO ALLEVIATE SOME OF THOSE. I THINK HE'S GOT SOME LEGITIMATE CONCERNS.

BUT, SIR, IF YOU CAN LEAVE US YOUR CONTACT, IF YOU CAN LEAVE US YOUR CONTACT INFORMATION, WE'LL CERTAINLY I'LL BE GLAD TO.

YEAH, I JUST I DON'T THINK ANYBODY. EXCUSE ME, SIR UNDERSTANDS HOW IMPORTANT IT IS ACCESS AND HOW DANGEROUS IT IS WITH THE SPEED THERE. MR. CHAIRMAN, I'M TRYING TO. YEAH, WE NEED TO MOVE ALONG, MR. GREEN. IF YOU WOULD, SIR. ALL DUE RESPECT. THANK YOU.

I UNDERSTAND HIS CONCERNS, BUT AT THE END OF THE DAY, HOW DOES THIS RELATE TO THIS CONSTRUCTION IF IT DOES NOT RELATE TO THIS CONSTRUCTION? THERE'S SOME OTHER ISSUES AS IT RELATES TO THE COUNTY.

THEN WE NEED TO LIMIT THE DISCUSSION BECAUSE WE HAVE A LOT OF THINGS THAT WE HAVE TO DEAL WITH.

I UNDERSTAND YOUR CONCERN, BUT WE HAVE NO PURVIEW OVER THAT.

AND SO I JUST THINK THAT WE SHOULD LIMIT IT WHEN WE RECOGNIZE SOMEONE'S GOING OFF TANGENT.

I APPRECIATE THAT. 100%. I JUST USING THIS AS AN OPPORTUNITY TO VOICE OUR CONCERNS.

SIR, DID YOU YOU ALSO WERE SWORN IN. DID YOU HAVE STATEMENTS THAT YOU WANTED TO MAKE THIS MORNING? OKAY. ALL RIGHT. THANK YOU, MR. GARNER. THANK YOU.

MY NAME IS JOSEPH BAIN, BAHEN. I LIVE AT THE END OF HAGAN ROAD.

I DON'T THINK ANYBODY IN THE NEIGHBORHOOD, YOU KNOW, AGAINST THE BUILDING OF IT AND EVERYTHING, BECAUSE EVERYBODY IS SO TIGHT KNIT IN THE NEIGHBORHOOD, EVERYBODY WALKS AND TALKS.

HIS MOTHER IN LAW THAT HE BROUGHT, YOU KNOW, FROM DENVER AND STUFF LIKE THAT, ALL THE NEIGHBORS SPEAK AND TALK AND EVERYBODY GETS ALONG, AND THE CONCERNS ABOUT ALL THE OTHER STUFF.

AND I CAN SEE WHERE Y'ALL ARE COMING FROM. ONE OF THE THINGS I HAVE A PROBLEM WITH IS IT ALREADY HAS STARTED.

I DIDN'T KNOW BUILDING ON A SITE COULD BE DONE BEFORE THIS HEARING.

THEY'VE ALREADY BROKE GROUND. THE CONTRACTOR, IT WAS CALLED ABOUT UNDERSTANDING.

IT WAS, YOU KNOW, CALLED ABOUT IT AND SUPPOSEDLY IT GOT STOPPED, BUT IT SEEMED LIKE IT DIDN'T GET STOPPED AFTER THE IT WAS DUG WITH MISS UTILITIES WAS NOT CALLED TO EVEN MARK ANYTHING ON THE GROUND UNTIL AFTER THE PROJECT WAS ALREADY STARTED BEING DUG.

THEN NOTHING'S GONE ON SINCE THEN. THE CONTRACTOR CAME IN AND PARKED TO THE RIGHT AT THE CURB FROM HUNGARY, WITH A BIG DUMP TRUCK AND A TRAILER OFF TO THE SIDE OF THE ROAD.

BUT IT'S NOT OFF THE ROAD BECAUSE THE ROAD IS VERY NARROW.

THAT IS ONE OF THE CONCERNS THAT HAS BEEN SPEAKING WITH THE NEIGHBORHOOD IS NOT AGAINST THE PROJECT OVERALL.

MR. MALEK ON THE OTHER SIDE IS BUSHES. IT'S A WORK ORDER IN TO BE THOSE BUSHES TO BE CUT BACK.

HE'S 90 SOME YEARS OLD. HE CAN'T DO IT. THE COUNTY IS SUPPOSED TO BE COMING OUT TO CUT THE BUSHES AND EVERYTHING.

AND JUST LIKE EVERYBODY IS SAYING ABOUT THE CARS THAT COME IN THERE AND STUFF AND PARK THERE, THEY GO TO OTHER HOUSES ALONG HUNGARY ROAD. SOMETHING'S GOT TO BE MINIMIZED.

THAT AND THE DITCH THAT GOES INTO THE DRIVEWAY WHERE THE WHERE THIS IS BEING DONE.

THAT'S CLOGGED. IT'S AN OLD PIPE. STEEL PIPE AND EVERYTHING.

AND WATER DOESN'T FLOW. IT CONGREGATES UP ON THE CORNER ALONG WITH THE BUS STOP.

IT'S NOTHING AGAINST THE PROJECT. I KNOW THE COUNTY DOES A WONDERFUL JOB WITH WHAT THEY DO AND THE PROCESS YOU ALL GO THROUGH.

BUT IT'S. THAT'S NOT JUST THE ONLY THING. WHEN YOU HEAR WHAT OTHER PEOPLE SAY, IT ALL COMES TOGETHER AND ALL OF IT NEEDS TO BE LOOKED AT. I DON'T THE PROJECT, I THINK, SHOULD BE HELD UP UNTIL THESE BUSHES GET CUT AND OTHER THINGS GET LOOKED AT AND GET CORRECTED.

AND ALSO THE FLOW, BECAUSE IF SOMEBODY HAS A HEART ATTACK IN THAT NEIGHBORHOOD, YOU GOT A PROBLEM WITH PEOPLE GETTING IN AND OUT WITH THE

[00:25:07]

CARS AND STUFF BECAUSE WITH THE FLOW THAT COMES OFF OF HUNGER, I KNOW IT HAS NOTHING TO DO WITH THE PROJECT AND NOBODY IN, I THINK, IN THE NEIGHBORHOOD IS AGAINST THE PROJECT.

WE ALL LOVE EACH OTHER. WE ALL GET ALONG. IT'S JUST EVERYTHING ELSE THAT GOES AROUND IT.

EVEN WITH A LITTLE BIT INSIDE THE NEIGHBORHOOD, THE BUSHES, BECAUSE YOU CAN'T GET YOUR CAR.

IF IT'S A CAR THERE, YOU CAN'T GET OUT WITHOUT SCRAPING YOUR CAR.

ALL RIGHT. THANK YOU, MISTER. THAT'S IT. APPRECIATE YOUR COMMENTS.

I'LL DO A WONDERFUL JOB. BUT JUST TO REITERATE, YOU'RE NOT OPPOSED TO THE TO THE PROJECT ITSELF.

YOUR CONCERNS RELATE TO TRAFFIC AND MAINTENANCE ALONG ALONG HAGEN DRIVE.

KIND OF GOES ALONG WITH ESPECIALLY THE BUSHES.

IT'S A WORK ORDER IN PRESENTLY RIGHT NOW. AND THIS IS RIGHT ACROSS WHERE ALL THE PROJECTS GOING ON.

IT NEEDS TO BE CUT BACK AT LEAST EIGHT FEET AWAY FROM THE ROAD.

SO THAT HELPS CARS GET OUT WITH WHAT'S GOING ON.

AND I DON'T THINK UNTIL THAT GETS CUT, AT LEAST HE'S NOT.

HE NEEDS TO BE AT THE MICROPHONE. HE'S AWAY FROM HERE.

YEAH, WE GOT YOUR POINT. THANK YOU, SIR. THANK YOU.

THANK YOU. THANK YOU SO MUCH. LET'S SEE IF WE HAVE ANYBODY ELSE, MR. BLANKENSHIP, THAT WISHES TO SPEAK IN OPPOSITION OR WISHES TO SPEAK IN FAVOR OF THE CASE OR COMMENT ON THE CASE, THERE IS NO ONE ON WEBEX. OKAY. ALL RIGHT. HEARING, HEARING NONE.

THEN THE NEIGHBORS CONCERNS ARE NOTED. CAN WE FOLLOW UP WITH I GUESS IT WOULD BE PUBLIC WORKS AND SEE AND SEE EXACTLY WHAT'S GOING ON ON THE ROAD AND MAYBE ALSO TRY TO SEE IF MR. SHOCKLEY SAID IT'S PROBABLY GOING TO BE JANUARY BEFORE THEY ACTUALLY BEGIN I THINK COMPLETED HE SAID COMPLETION.

OKAY. SO THEY'RE PROBABLY GOING TO BE STARTING SOON IF WE CAN TRY TO TIME IT.

SO WE DON'T HAVE THE COUNTY OUT THERE AT THE SAME TIME, MAYBE AS OTHER CONSTRUCTION VEHICLES ARE THERE.

THAT WOULD BE HELPFUL. I THINK WE WILL DO THAT.

YEAH. AND IT WAS THE POINT IS MADE BY MR. BAIN THAT CONSTRUCTION HAD ALREADY STARTED.

I DIDN'T SEE ANOTHER STRUCTURE ON THE PROPERTY OTHER THAN THAN THE I GUESS IT'S A GARAGE FACILITY OUT THERE.

IS THAT DO YOU WANT TO ADDRESS THAT REAL QUICKLY, MR. SHOCKLEY? SHE CAN. RIGHT. SO WE WE DO HAVE ALL THE PERMITS FOR THE BUILDING.

SO WHEN THEY BROKE GROUND, ALL THE ALL THE GAS LINES AND EVERYTHING WERE ALREADY MARKED BY THE COUNTY.

THEY DID ALL THAT. ALL THE PERMITS WERE ALREADY PURCHASED AND APPROVED.

THIS WAS THE LAST PERMIT WE NEEDED WAS THE CONDITIONAL USE PERMIT.

SO THE, THE CONSTRUCTION COMPANY ALREADY HAD ALL THE PERMITS THEY NEEDED TO GO AHEAD AND START CONSTRUCTION ON IT.

YEAH, JUST TO CLARIFY, THE BUILDING ITSELF COULD BE BUILT AS LONG AS IT WAS NOT A DWELLING.

CORRECT, I GOTCHA. THIS THIS APPROVAL IS NECESSARY.

YEAH. THIS IS JUST APPROVAL FOR IT TO BE A LIVABLE SPACE.

BUT THE PERMIT FOR BUILDING THE BUILDING WAS ALREADY APPROVED AND EVERYTHING, ALL THOSE PERMITS WERE ALREADY PURCHASED FROM OUR BUILDING INSPECTION, CORRECT? YES. OKAY. YEAH. THANK YOU. OKAY. ANYONE ELSE ON THE BOARD HAVE ANY QUESTIONS OR COMMENTS? WELL, I JUST THINK IT'S IMPORTANT THAT WHEN INDIVIDUALS GET UP, THEY NEED TO RECOGNIZE THAT WHEN YOU GET UP, YOU NEED TO SPEAK FOR OR AGAINST THIS PROJECT, NOT OTHER CONDITIONS THAT WE HAVE NO CONTROL OVER.

WHILE WE APPRECIATE AND UNDERSTAND THAT, YOU KNOW, SOME THINGS ARE WITHOUT OUR CONTROL AND YOU CAN EITHER GO TO PLANNING AND TALK TO THEM, UTILITIES, TALK TO THEM AND OTHER THINGS, AND TO ASSUME THAT A CONSTRUCTION COMPANY MAY OR MAY NOT COME OUT THERE AND START A PROJECT WITHOUT CHECKING WITH ME, WITH UTILITIES, I WOULD THINK I WOULD HAVE I'D BE HARD PRESSED TO BELIEVE THAT PEOPLE ARE SPENDING THAT KIND OF MONEY, AND FOLKS AREN'T NECESSARILY PULLING PERMITS.

THE OTHER THING THAT COULD HAPPEN IS SOMETIMES INDIVIDUALS WILL START PROJECTS THINKING THEY COULD DO IT AND THEN RECOGNIZE THAT THEY CAN'T DO IT, AND THEY STOP AND THEN COME TO US ALL. GO GET THE NECESSARY PERMISSION.

AND I DON'T THINK ANYTHING IS TYPICALLY DONE.

NEFARIOUSLY. I THINK SOMETIMES PEOPLE JUST DON'T UNDERSTAND PROCESSES.

WHEN THEY UNDERSTAND PROCESSES, THEN THEY GO AND DO THINGS PROPER WAY.

BUT I WOULD JUST CAUTION THAT, THAT WHEN FOR THE REST OF FOLKS IN THE AUDIENCE AND ON WEBEX, IF YOU'RE SPEAKING IN REFERENCE TO SOMETHING THAT WE, WE STICK TO THE SCRIPT.

OKAY. THANK YOU. THANK YOU. MR.. MR.. DO YOU HAVE A COMMENT ON THAT? NO, SIR. I THOUGHT I HEARD YOU. OKAY. ANYBODY ELSE WISH TO COMMENT? BUT HAVING SAID THAT, I WANTED TO SAY WE DO APPRECIATE YOUR COMMENTS, MR. GARDNER. MR. BEAN, THEY WEREN'T NECESSARILY COMPLETELY PERTINENT TO THE PROJECT ITSELF, BUT I UNDERSTAND YOUR FRUSTRATIONS ABOUT THE TRAFFIC AND SITUATION THERE.

AND I KNOW OF A COUPLE OTHER AREAS, ONE INVOLVING A FAMILY MEMBER OF MINE THAT NOT IN THAT IMMEDIATE AREA IN THE COUNTY WHERE VEGETATION IS

[00:30:09]

OVERGROWING AND YOU'VE GOT INGRESS AND EGRESS ISSUES.

AND SO I'M CONFIDENT THE COUNTY WILL GET TOGETHER WITH YOU AND SEE IF WE CAN COME UP WITH SOME BETTER SOLUTIONS.

IT'S NOT IN OUR PURVIEW, BUT I THINK THE STAFF HAS NOTED YOUR COMMENTS.

HAVING SAID THAT, I'M GOING TO MOVE THAT WE APPROVE THIS CONDITIONAL USE PERMIT SUBJECT TO THE CONDITIONS RECOMMENDED BY THE STAFF.

IT'S CONSISTENT WITH THE COMPREHENSIVE PLAN, THE ZONING ORDINANCE.

THE SITE IS SCREENED BY THE EXISTING GARAGE AND THE PRIVACY FENCE, AND THE ADU WILL PROVIDE INDEPENDENT LIVING SPACE FOR A FAMILY MEMBER.

SO THAT'S THE MOTION. IS THERE A SECOND TO THAT MOTION? SECOND.

OKAY. MOTION BY MR. LAWRENCE THE CHAIR SECOND BY MR. BROADWAY VICE CHAIR. ANY FURTHER DISCUSSION? THE ONLY THING I'D LIKE TO REMIND FOLKS OF IS THAT WE WE ARE FORTUNATE ENOUGH TO HAVE THE ASSISTANT DEPUTY DIRECTOR OF PLANNING AND DIRECTOR. I CAN'T REMEMBER THE TITLE.

SO? SO HE TAKES COPIOUS NOTES AND DOES FOLLOW BACK UP WITH, YOU KNOW, CONCERNS.

SO ONCE YOU INITIALLY INITIATE THEM, I'M VERY CONFIDENT THAT HE AND OTHERS WILL WORK BEHIND THE SCENES, THINGS THAT WE DON'T SEE TO HELP RESOLVE THE ISSUES.

BECAUSE THAT'S JUST THE WAY I THINK MR. SEAL IS LISTENING INTENTLY AND SCRIBBLING.

SO YES, THANK YOU, MR. GREEN. WE HAVE A MOTION A SECOND.

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

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

AND THIS CONDITIONAL USE PERMIT IS APPROVED. THANK YOU.

ALL RIGHT. THE NEXT CASE IS CONDITIONAL USE PERMIT 2026 NUMBER 101858.

[1b. CUP-2026-101858 Varina Gary Duverney for Tammy Carter: conditional use permit to build a swimming pool in the side yard at 2640 Portugee Road, Allen Estates, Varina. Parcel 840-704-3921. Zoning: A-1, Agricultural District. Code Section: 24-4404.A.1. ]

GARY DUVERNAY FOR TAMMY CARTER. A CONDITIONAL USE PERMIT TO BUILD A SWIMMING POOL IN THE SIDE YARD AT 2640 PORTAGE ROAD IN ALLEN ESTATES IN THE VARINA MAGISTERIAL DISTRICT. 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 IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD. THANK YOU, MR. ROSS. THANK YOU, MR. SECRETARY.

SUBJECT PROPERTY IS LOCATED AT 24. EXCUSE ME.

2640 40 ROAD. 900FT WEST OF MEMORIAL DRIVE IN THE VARINA MAGISTERIAL DISTRICT.

THE SINGLE STORY HOME WAS BUILT IN 2019 AS A PART OF THE ALLEN ESTATES SUBDIVISION AND SITUATED ON A 10.7 ACRE PARCEL.

THE 2434 SQUARE FOOT HOME IS POSITIONED NEAR NEAR THE CENTER OF THE PARCEL, ABOUT 490FT NORTH OF PORTAGE ROAD.

THE OWNER PURCHASED THE PROPERTY IN 2022. THE APPLICANT IS SEEKING ADDITIONAL USE PERMIT TO BUILD A 16 BY 40 FOOT IN-GROUND POOL ON THE PROPERTY.

THE APPLICANT EXCUSE ME, BECAUSE THE LOCATION OF THE DRAIN FIELD AND DESIRE FOR THE POOL TO BE WITHIN A REASONABLE DISTANCE TO THE HOUSE.

THE BEST LOCATION FOR THE POOL IS IN THE SIDE YARD ON THE EASTERN SIDE OF THE RESIDENCE.

THE POOL IS 60FT FROM THE RIGHT EAST SIDE LOT LINE, 37FT FROM THE DWELLING, AND 495FT FROM THE FRONT LOT LINE AT PORTUGUESE ROAD AND 571FT FROM THE REAR LOT LINE. OOPS. A FEW OF THE HOUSES IN THE ESTATE SUBDIVISION HAVE ACCESSORY STRUCTURES, AS WELL AS OTHER PROPERTIES ALONG PORTAGE ROAD IN THE IMMEDIATE SURROUNDING AREA.

IF THE POOL WERE LOCATED IN THE REAR YARD, IT WOULD BE ALLOWED BY RIGHT. HOWEVER, THIS WOULD CONFLICT WITH THE SEPTIC SYSTEM.

THE POOL IS OVER 280FT FROM THE NEAREST NEIGHBOR TO THE EAST, WHOSE LOT FRONTS ON MEMORIAL DRIVE.

THIS NEIGHBOR HERE. THE SUBJECT PROPERTY HAS AMPLE SPACE TO ACCOMMODATE A POOL IN THE SIDE YARD WITHOUT CREATING ANY DETRIMENTAL IMPACT TO THE SURROUNDING NEIGHBORHOOD. AS YOU CAN SEE, THERE'S SOME MATURE TREES AND OF COURSE, 280FT IN BETWEEN THE POOL AND THE.

AND THE NEIGHBOR. STAFF DID RECEIVE ONE COMMENT IN SUPPORT OF THIS CASE FROM THE IMMEDIATE NEIGHBOR.

THAT NEIGHBOR THAT'S DIRECTLY WOULD BE DIRECTLY IMPACTED.

FOR THESE REASONS STAFF DOES RECOMMEND APPROVAL AND SUBJECT TO THE CONDITIONS INCLUDED IN THE STAFF REPORT.

AND THERE'S THE POOL AND THE PROXIMITY TO THE HOUSE AND I CAN ANSWER ANY QUESTIONS.

YEAH. TO ADDRESS THE CONCERNS THAT THE INDIVIDUALS BROUGHT BEFORE WHERE CONSTRUCTION STARTED.

LOOKS LIKE CONSTRUCTION HAS CONSTRUCTION STARTED AND WAS STOPPED.

IT WAS. YEAH. SO THEY, THEY HAVEN'T AS BUILT AS BUILT PLAN.

YEAH. CONSTRUCTION GOT ALL THE WAY UP TO YOU KNOW, THE FINAL APPROVAL AND THEN WAS HALTED BECAUSE IT IS IN THE SIDE YARD.

SO THIS IS A CASE WHERE SOMEBODY DIDN'T PULL THE NECESSARY PERMITS AND DUE TO DUE DILIGENCE OF WHAT THEY NEEDED TO DO TO ADDRESS THE CONCERNS THAT THE

[00:35:02]

FORMER FOLKS RAISED. YES. YEAH. AND CAN THEY ADDRESS WHAT HE DID THAT THAT WOULD BE A QUESTION FOR THE FOR THE REPRESENTATIVE. YEAH. AND ALSO, HAVE THEY FIXED IT SO THAT WHEN YOU CAN SEE THE POOL, YOU KNOW, IF IT'S DOWN LOW, DO YOU HAVE ANY THING THAT THEY CAN SEE AROUND IT BEFORE THEY GET THERE.

THAT'S A GOOD QUESTION. I KNOW THAT THERE'S A COVER LIKE AN AUTOMATIC COVER THAT GOES ON TOP OF IT THAT I THINK IS A LIGHTER COLOR.

SO THAT WOULD CONTRAST WITH THE GROUND. SO YOU COULD SEE IT.

I DON'T, I DON'T THINK THAT THERE'S NECESSARILY ANY YOU KNOW, LIKE A POLE OR ANYTHING THAT WOULD SAY THAT THIS IS A POOL, BUT I WOULD PRESUME THAT THEY'RE PROBABLY GOING TO PUT A CHAIR OUT.

BUT WE DON'T REQUIRE ANYTHING LIKE THAT IN THE CODE.

JUST THE COVER. JUST A COVER IS REQUIRED TO BE COVERED. COVER IS REQUIRED. YEAH.

OKAY. YEAH. HELLO. MY NAME IS GARY. EXCUSE ME, SIR.

I'VE GOT A QUESTION FOR YOU BEFORE WE RECOGNIZE YOU.

OKAY. DOES ANYBODY ELSE FROM THE BOARD HAVE ANY QUESTIONS? MISS ROSS, BEFORE I ASK MY QUESTION. MISS ROSS, COULD YOU ADDRESS THE FENCE ISSUE? WHEN DO YOU NEED A FENCE AND WHEN DO YOU NOT NEED A FENCE? SO THAT GETS TO MR. JOHNSON'S QUESTION. YEAH.

SO THAT'S A THAT'S A BUILDING CODE CHANGE. CHANGE.

THAT WAS, I WOULD SAY FAIRLY RECENT. WE USED TO REQUIRE A FENCE TO BE AROUND A POOL, BUT BUILDING CODE SAID FENCE IS NOT NECESSARILY REQUIRED IF YOU HAVE AN AUTOMATIC COVER. AND THIS COVER IS I SPOKE TO THE HOMEOWNER, SHE SAID SHE CAN CONTROL IT FROM HER PHONE.

SHE WAS QUITE PLEASED WITH THAT, WHICH I THINK IS FUN. SO, YOU KNOW, IT'S COVERED COMPLETELY AND IT'S YOU WOULD, YOU WOULDN'T BE ABLE TO, YOU KNOW, FALL IN AND DROWN BECAUSE IT'S THE COVERS HAS MORE SUBSTANTIAL WEIGHT, I GUESS, TO IT THAN, YOU KNOW, YOUR TRADITIONAL TARP POOL COVER.

BUT IF YOU DON'T HAVE THE AUTOMATIC COVER, THEN THEN YOU DO NEED A FENCE. YEAH.

SO IT'S AN EITHER OR KIND OF THAT'S A BUILDING CODE REQUIREMENTS.

IT'S A BUILDING CODE REQUIREMENT. THAT'S WHY IN OUR IN OUR STANDARD CONDITION, WE JUST SAY THEY HAVE TO COMPLY WITH THE BUILDING CODE. YEAH. RIGHT. THAT'S IF YOU PRESS THE BUTTON TO CLOSE THE COVER, RIGHT? YEAH, YEAH.

I MEAN, YOU KNOW, I'M SURE SHE COULD SET UP IT AS A TIMER, BUT THERE'S A LOT OF FUN THINGS SHE COULD DO. YEAH.

ANY OTHER QUESTIONS BEFORE I ASK MY QUESTION? JUST IN REFERENCE TO THE STAFF REPORT, MISS RASMUS.

CAN YOU TELL US WHY IS THIS PROPERTY DESIGNATED AS OFFICE ON THE MOST RECENT 2045 FUTURE LAND USE MAP? WHEN THIS AREA IS ZONED A1 AND HAS DEVELOPED OVER TIME AS RESIDENTIAL LARGE LOT.

THAT IS A GREAT QUESTION. I THINK HE SHOULD AS WELL.

MR. CHAIR, I THINK THIS IS AN AREA THAT'S TRANSITIONING FROM WHITE OAK TECH PARK TO THE EAST.

AS IT MOVES WEST TOWARDS THERE'S AN INTERSTATE IN THE AREA AS WELL.

SO I THINK THAT THE IT'S A TRANSITIONAL AREA THAT AGAIN, IT'S A 20 YEAR LONG PLAN.

SO SHOULD PROPERTY OWNERS LOOK TO COMBINE PROPERTY AND DEVELOP IN THE FUTURE? WE WOULDN'T NECESSARILY WANT THAT LARGER INDUSTRIAL PRESENCE MOVING INTO THIS AREA.

SO SOMETHING THAT'S MORE TRANSITIONAL LIKE OFFICE WOULD BE APPROPRIATE.

AND SO THAT'S WHY THE PLAN IS SHOWING IT AS SUCH.

SO DO YOU SEE IN THE FUTURE THAT THE RESIDENTIAL OWNERS IN THIS AREA WILL ACTUALLY BE GETTING SOLICITED TO SELL TO, FOR, FOR OFFICE DEVELOPMENT? THAT'S CERTAINLY SOMETHING THAT COULD HAPPEN.

WHAT WE WANT TO, TO LOOK INTO IS, OR MAKE SURE THAT WE'RE PLANNING FOR IS SHOULD A SPECULATIVE DEVELOPER LOOK TO PURCHASE PROPERTY, ACQUIRE ADDITIONAL PROPERTY IN THIS AREA THAT IT TRANSITIONS TO AN APPROPRIATE USE? SO THAT'S WHAT THAT DESIGNATION IS REFLECTING. WHAT WE DIDN'T WANT TO DO WAS SEE THAT SOMEBODY COME OUT THERE BECAUSE OF ITS LOCATION, START ACQUIRING PROPERTY, AND IT TRANSITIONED TO A USE THAT MIGHT NOT BE APPROPRIATE.

AND IF THAT WERE TO HAPPEN, WE THOUGHT OFFICE WAS MOST APPROPRIATE IN THIS AREA. I READ BETWEEN THE LINES AND HEAR YOU SAY DATA CENTERS.

NO DATA CENTERS WOULD BE EXPLICITLY WOULD BE PROHIBITED FROM THAT DESIGNATION.

SO I THINK THAT THIS IS INTENDED TO ENSURE THAT THOSE TYPES OF USES STAY IN APPROPRIATE LOCATIONS VERSUS TRANSITIONING INTO WHAT I WAS GETTING AT.

SO AN OFFICE DESIGNATION WOULD NOT ALLOW DATA.

THAT IS CORRECT, MR. CHAIR. OKAY. THAT'S NOT REALLY PERTINENT TO WHAT THIS REQUEST IS, BUT SINCE WE HAD IN THE STAFF REPORT, I WANTED TO CLARIFY THAT BECAUSE WE HAVE ANOTHER CASE COMING UP AFTER THIS SIMILAR SITUATION THAT IT'S A ONE, I THINK, AND RESIDENTIAL, BUT THE LAND USE PLANS HIS OFFICE.

SO JUST CURIOUS ABOUT THE BACKGROUND. THANK YOU FOR THAT, MR. SEEL. ANY OTHER QUESTIONS? OKAY. WELL, NOW HEAR FROM YOU, SIR.

YOU'RE MR. VERDE, IS THAT CORRECT? YES, SIR. GARY DEVANEY, I DIDN'T MEAN TO CUT YOU OFF, BUT.

NO, NO PROBLEM AT ALL. DUVERNEY. OKAY. SO THE, THE PERMIT FOR THE POOL AND FOR THE ELECTRICAL PORTION OF IT WAS APPLIED FOR.

AND I HAD CALLED ABOUT 2 OR 3 WEEKS IN AS I FIGURED IT WAS, IT WAS TAKING A LONG TIME FOR ME TO GET THAT BACK.

SO EVERYTHING LOOKED IN THE SYSTEM APPROVED, APPROVED, APPROVED.

[00:40:02]

AND THERE WAS A ZONING NOTE. AND I CALLED SEVERAL TIMES AND FINALLY GOT AN ANSWER BACK SAYING THAT EVERYTHING IS GOOD, BUT YOU HAVE TO APPLY FOR A SPECIAL USE PERMIT TO PUT IN THE SIDE YARD INSTEAD OF THE BACKYARD.

AND I SPOKE SEVERAL TIMES WITH I DON'T KNOW, I CAN'T RECALL THE PERSON'S NAME SEVERAL TIMES WITH THE PERSON AND ASKED THEM, YOU KNOW, HOW THE APPROVAL PROCESS WAS GOING. I WAS NOT PRIVY TO, TO THIS PROCESS.

I DIDN'T KNOW THEY WERE TRYING TO GET US INTO THE AUGUST HEARING, BUT I WASN'T ABLE TO GET THAT APPLICATION IN IN TIME.

SO WE WE ARE NOW HERE THIS HEARING. BUT ALL THE AS FAR AS LIKE THE PERMITTING AND THINGS LIKE THAT FOR THE POOL, THOSE ARE CERTAINLY A PLATFORM. WE COMPLETELY STOP CONSTRUCTION WHEN THEY REQUESTED THIS SPECIAL USE PERMIT, BUT THERE'S NO WAY FOR THAT POOL TO BE LOCATED IN THE BACKYARD, JUST BECAUSE OF WHERE THE LOCATION OF THE SEPTIC SYSTEM IS, SO IT MUST. THE ONLY LOCATION FOR IT WOULD BE THAT SIDE YARD.

BUT CONSTRUCTION IS COMPLETELY HALTED UNTIL THIS THIS PERMIT ISSUE HAS BEEN RESOLVED.

THAT RAISES A QUESTION. MR.. MR. SEALE OR MR. BLANKENSHIP, DO WE HAVE PUBLIC UTILITIES AVAILABLE IN THAT AREA? I'M NOT SUGGESTING THAT I DON'T BELIEVE THEY ARE.

I'M JUST CURIOUS ABOUT THAT. NOT SERVED BY WATER OR SEWER.

OKAY. OKAY. SO THAT'S WHY YOU'VE GOT A DRAIN FIELD.

YEAH. OKAY. AND I, YOU KNOW, WE THE GREAT THING ABOUT THIS PROCESS IS THAT IT IS SO MUCH FASTER THAN THE OTHER PROCESS, THE PROVISIONAL USE PERMIT OR REZONING PROCESS IN THIS CASE JUST MISSED THAT DEADLINE.

AND IT REALLY WASN'T. YES. I'M AWARE THEY HAD A 4 OR 5 WEEK DELAY.

THAT WAS VERY UNFORTUNATE. ANYTHING ELSE YOU WANTED TO ADD, MR. DEVANEY OR. NO, SIR. OKAY. ANY QUESTIONS FROM.

YEAH, BECAUSE SOMEONE EXPLAINED TO ME. HOW COULD YOU START WITHOUT THE NECESSARY PERMITS? I MEAN, I JUST TRIED TO DEFEND THE COUNTY, BUT IT LOOKS LIKE SOMEBODY DID SOMETHING.

AND WHO'S WHAT'S MISSING SOME SOME ONE DEPARTMENT ISN'T TALKING TO ANOTHER DEPARTMENT.

I DON'T WELL, I THINK THE APPLICANT CLARIFIED THAT HE HAD ALMOST ALL OF THE APPROVALS AND JUST ASSUMED HE WAS GOING TO GET THAT LAST STEP AND STARTED DIGGING.

MAY I ADDRESS THAT? YES. OKAY. SO JUST JUST I'LL TRY TO EXPLAIN THIS IN IN THE BEST WAY POSSIBLE.

SO THAT PARTICULAR POOL HAS WHAT'S CALLED A HOPPER.

SO THE DEEP END OF THAT POOL IS VERY FLAT. AND THEN IT HAS A SLOPE THAT GOES UP.

AND THEN IT COMES TO A SHALLOW END. TYPICALLY A FIBERGLASS POOL IS NOT A DEEP END POOL LIKE THAT.

WE'LL HAVE A CONSISTENT SLOPE AND WE CAN JUST SET THAT POOL ON THE GROUND AND WE CAN JUST LEAVE IT ALONE.

NOTHING WILL EVER HAPPEN TO IT. IF WE WERE TO SET THAT POOL ON THE GROUND AND LEAVE IT THERE FOR TWO MONTHS, THE, THE, THE POOL WOULD SLOWLY FILL UP. EVEN IF THERE WAS A PUMP IN IT, IT WOULD FILL UP AND THE WATER WOULD COME UP THAT HOPPER AND IT WOULD COMPLETELY CRACK.

WE'VE HAD IT HAPPEN BEFORE. WE'VE. WE'VE LEARNED OUR LESSON. IT COMPLETELY CRACKED THE SHELL IN HALF.

THE SHELL IS ABOUT $47,000. SO WE HAD TO PUT THE SHELL IN THE GROUND.

BUT WE HAD. WE HAVE HALTED WORK. WE CAN'T LEAVE.

WE CAN'T LEAVE THE POOL SHELL IN THE YARD PER SE.

SO WE HAVE NOT CONTINUED. WE'VE NOT DONE NOT DONE ANY WORK.

WE JUST HAD TO PUT THE SHELL INTO THE GROUND OR ELSE IT WILL BREAK.

I THINK MR. GREEN'S QUESTION, THOUGH, IS I DON'T WANT TO SPEAK FOR MR. GREEN, BUT IF I UNDERSTOOD HIS QUESTION CORRECTLY THERE MIGHT BE A LITTLE BIT OF A DISCONNECT, BECAUSE WHAT HAPPENS IF YOU GET PERMITS, PUT MONEY INTO A PROJECT, AND THEN THIS BODY HAS THE ULTIMATE AUTHORITY TO DECIDE WHETHER OR NOT TO APPROVE THE CONDITIONAL USE PERMIT.

STAFF IS RECOMMENDING APPROVAL, BUT WE DON'T ALWAYS FOLLOW STAFF'S RECOMMENDATION.

THAT WOULD CREATE A DIFFICULT SITUATION FOR THE PROPERTY OWNER.

MAYBE THE COUNTY AS WELL. SO IT'S THAT KIND OF YOUR CONCERN WAS MR. GREEN. YEAH, THAT'S MY CONCERN. BUT ALSO I HAVE PUT A POOL IN MY YARD, AND THEY DUG A BIG OLD HOLE AND DELIVERED THE FIBERGLASS SHELL.

THEY JUST TURNED IT OVER AND SET IT TO THE SIDE UNTIL THEY WERE READY TO PUT IT IN THE GROUND.

WHY DIDN'T YOU DO THAT? SO THIS POOL, SO TYPICALLY MOST ALMOST EVERY FIBERGLASS POOL HAS A COMPLETELY LIKE A SLOPE THAT GOES ALL THE WAY TO THE DEEP END.

SO THERE'S NO THERE'S NO BREAK. IF THAT POOL WERE TO FILL WITH WATER, THE POOL IS ACTUALLY SITTING FLAT ON THE ON THE GROUND LIKE THIS.

RIGHT. SO THE POOL WOULD KIND OF BE AT AN ANGLE IF IT WAS SITTING ON THE GROUND. SO IF THAT WATER WERE TO FILL THAT POOL, THERE'S NO THERE'S NO WAY FOR THAT FOR, FOR A SPOT FOR THAT, THAT SHELL TO CRACK DUE TO THE PRESSURE OF THE WATER.

I'M SAYING YOU FLIP FLIP IT UNTIL YOU CAN PUT IT IN THE GROUND.

THAT'S WHAT IT DID WITH ME. YEAH. THIS ONE IS A 40 BY 60.

WE CAN'T FLIP THAT SIZE POOL, LIKE TO FLIP IT OVER AND PUT IT ON ITS FACE AND TURN IT UPSIDE DOWN OR, OR OR HOLD IT UNTIL YOU KNOW YOU HAD EVERYTHING READY.

THAT WOULD HAVE BEEN THE CORRECT ANSWER. THAT'S WHAT I. I GUESS THAT'S WHAT I'M TRYING TO GET AT. WHY WOULD YOU? I UNDERSTAND, SO WE HAVE TO SET THESE DELIVERIES UP WEEKS IN ADVANCE.

AND I HAD APPLIED FOR THAT PERMIT PROBABLY A MONTH PRIOR TO THE EXPECTATION OF THE POOL.

AND LIKE I SAID, IT WAS BEING HELD UP. WE HAD WE HAD PREPARED FOR ALL THIS.

WE APPLIED FOR THE PERMIT EARLY. WE WE WERE WAITING ON THE APPROVAL AND I CALLED SEVERAL TIMES AFTER THE 2 OR 3 WEEKS, AND I WAS INFORMED THAT, YEAH, EVERYTHING'S GOOD, BUT YOU'RE.

[00:45:04]

IF YOU WANT TO PUT IT IN THIS SIDE YARD, YOU'RE GOING TO HAVE TO APPLY FOR A SPECIAL USE PERMIT.

BY THAT TIME, EVERYTHING HAD ALREADY BEEN IN PLACE.

AND AT AT A THREE WEEK PERIOD OF TIME, I WAS REALLY EXPECTING TO HAVE THAT PERMIT IN HAND.

AND I DIDN'T HAVE IT. SO THAT THAT PORTION OF, OF THE OF THE BURDEN IS ON ME, RIGHT? THAT THAT IS SOMETHING THAT I HAD TO DO. AND THAT PORTION OF THE BURDEN IS ON ME. SO LET ME ASK YOU ANOTHER QUESTION.

YES, SIR. IS THIS THIS IS AN IN-GROUND. BUT THEN I'M BEGINNING TO SEE THAT THERE WAS CALLED SEMI IN-GROUND POOLS.

ARE YOU DOING THOSE TOO? IS THAT. IS THAT DO WE DO SEMI IN-GROUND POOLS? NO. ARE YOU FAMILIAR WITH THAT? YES. OKAY. I JUST WANT TO SAY HI TO YOU, SIR.

YOU CAME TO MY HOUSE AND GAVE ME A QUOTE. HOW ARE YOU DOING? I REMEMBER YOU, YOU AND YOUR SON, RIGHT? YES.

YEP, I REMEMBER. OKAY. I'M TRYING TO FIGURE OUT WHO REFERRED YOU.

OKAY. ALL RIGHT. ARE THERE ANY OTHER QUESTIONS FOR MR. DEVANEY BEFORE WE OPEN IT UP FOR THE PUBLIC HEARING? HEARING ANY QUESTIONS? MR.. OKAY. HEARING. HEARING NONE.

THEN WE WILL SEE IF THERE'S ANYONE IN THE AUDIENCE FROM PUBLIC.

ON WEBEX THAT WISHES TO SPEAK IN OPPOSITION TO THE CASE.

THERE IS NO ONE ON WEBEX. IS THERE ANYONE IN THE AUDIENCE ON WEBEX THAT WISHES TO SPEAK IN SUPPORT OF THE CASE? OTHER THAN THE APPLICANT? OKAY HEARING NONE, THEN WE WILL CLOSE THE PUBLIC HEARING.

MR. JOHNSON, ARE YOU READY TO MAKE A MOTION? YES.

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

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

THE POOL WILL NOT BE VISIBLE TO THE NEIGHBORS BECAUSE OF THE SYSTEM.

THAT THE SIDE YARD IS THE ONLY PLACE TO BUILD THIS POOL.

AGAIN, I MOVE FOR APPROVAL. SECOND BY MR. JOHNSON.

I MEAN A MOTION BY MR. JOHNSON. DO WE HAVE A SECOND? SECOND, SECOND BY MR. BROADWAY? ALL IN FAVOR OF THE MOTION, SAY AYE.

AYE AYE. IS THERE ANYONE OPPOSED? HEARING NONE.

THIS MOTION CARRIES AND THIS CONDITIONAL USE PERMIT IS APPROVED.

THANK YOU, MR. CHAIRMAN. THANK YOU VERY MUCH. THANK YOU SIR.

MR. CHAIR, AS I MENTIONED, CONDITIONAL USE PERMIT 2026 101881.

JOEL VIDAL HAS BEEN WITHDRAWN. SO THE NEXT CASE WILL BE CONDITIONAL USE PERMIT 2026 NUMBER 101924.

[1d. CUP-2026-101924 Fairfield Deborah Fazenbaker: conditional use permit to allow short-term rental of a dwelling at 6013 Bonneau Road, Chamberlayne Heights, Fairfield. Parcel 791-753-6715. Zoning: R-2A, One-Family Residence District. Code Section: 24-4431.A. ]

DEBORAH FAISON BAKER A CONDITIONAL USE PERMIT TO ALLOW SHORT TERM RENTAL OF A DWELLING AT 6013 BONO ROAD IN CHAMBERLAIN HEIGHTS IN THE FAIRFIELD MAGISTERIAL DISTRICT. NOT 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 IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD. THANK YOU. I'M SORRY. THANK YOU, MR. SECRETARY. GOOD MORNING, MR. CHAIR. MEMBERS OF THE BOARD.

I'M SORRY. THE SUBJECT PROPERTY IS LOCATED JUST SOUTH OF THE INTERSECTION OF CHAMBERLAIN AND WILKINSON ROADS.

IT CONTAINS A FOUR BEDROOM HOME WITH A FINISHED BASEMENT THAT HAS A SEPARATE ENTRANCE.

THIS IS A PICTURE OF THE HOME HERE. THE APPLICANT WOULD LIKE TO UTILIZE THIS BASEMENT UNITS BEDROOM FOR SHORT TERM RENTALS FOR UP TO THREE GUESTS.

MOST OF THESE WOULD BE HOSTED STAYS WHERE THE OWNER IS PRESENT DURING THE STAYS.

HOWEVER, SOME OF THESE COULD ALSO BE UNHOSTED STAYS.

THE APPLICANT HAS APPLIED FOR CONDITIONAL USE PERMIT FOR THREE REASONS.

FIRST, THE PROPERTY IS 75FT OF LOT WIDTH VERSUS THE REQUIRED 80FT OF LOT WITH SECOND STAYS COULD EXCEED 60 DAYS PER YEAR.

AND FINALLY, AS NOTED, SOME OF THE STAYS WILL LIKELY BE UNHOSTED WHERE THE OWNER IS NOT PRESENT.

IN REVIEWING THIS REQUEST, AS YOU CAN SEE, THE SURROUNDING AREA CONSISTS OF SINGLE FAMILY DWELLINGS.

THE APPLICANT'S PROPERTY COMPLIES WITH THE LOT AREA AND LOT WITH STANDARDS FOR PRE 1960 LOTS.

BECAUSE THE UNIT WILL BE LOCATED IN THE EXISTING BASEMENT OF THE HOME, THERE SHOULD BE NO CHANGES TO THE EXTERIOR OF THE PROPERTY.

THE APPLICANT HAS A LARGE DRIVEWAY THAT CAN ACCOMMODATE UP TO THREE PEOPLE.

UP TO THREE VEHICLES. AND FINALLY, AS YOU CAN SEE HERE, HER REAR YARD IS ENCLOSED WITH A PRIVACY FENCE THAT PROVIDES, YOU KNOW, SOME BUFFERING FOR THE NEIGHBORS. FOR THESE REASONS, STAFF DOES NOT ANTICIPATE ANY DETRIMENTAL IMPACTS TO NEARBY PROPERTY AND CAN RECOMMEND APPROVAL OF THIS REQUEST SUBJECT TO THE CONDITIONS IN YOUR STAFF REPORT.

[00:50:03]

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

DO WE HAVE ANY QUESTIONS FROM THE BOARD FOR MR. GOODWIN? MR.. JUST ONE QUESTION. LOOKING AT THE SITE PLAN, THERE'S A FAIRLY LARGE ACCESSORY STRUCTURE.

IT LOOKS LIKE IN THE REAR YARD. I'M ASSUMING THAT'S A GARAGE.

OKAY. YEAH. LOOKING AT IT FROM AERIAL, IT LOOKED LIKE IT WAS.

PRETTY BIG, BUT I GUESS JUST A NICE SIZED GARAGE WITH MAYBE SOME STORAGE AREA.

YEAH. PART OF ITS CARPORT AND PART OF ITS GARAGE.

OKAY. ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS? ALL RIGHT. HEARING NONE, WE WILL HEAR FROM THE APPLICANT.

AND THAT IS MISS BAKER. IS THAT CORRECT? GOOD MORNING. I'M DEBBIE BAKER. I'M A HENRICO COUNTY RESIDENT AND A TEACHER WITH HENRICO COUNTY FOR 24 YEARS.

I'M HERE TO TO APPLY FOR THE CONDITIONAL USE PERMIT TO OPERATE THE SHORT TERM RENTAL WITH MY HOUSE.

THE RENTAL SPACE, LIKE WE SAID, IS A FINISHED BASEMENT WITH A PRIVATE ENTRANCE IN THE BACK.

I'LL HOST A MAXIMUM OF THREE PEOPLE OVERNIGHT.

I ALSO OWN AND SUCCESSFULLY MANAGE A LONG TERM RENTAL IN HENRICO COUNTY.

SO I'VE EXPERIENCED MAINTAINING RENTAL PROPERTY, BUILDING RESPONSIVE TENANTS OR BEING RESPONSIVE TO TENANTS AND OPERATING RESPONSIBLY WITHIN THE COMMUNITY. I'LL LIVE ON THE PROPERTY OR I DO CURRENTLY LIVE ON THE PROPERTY AND WILL BE AVAILABLE TO ADDRESS ANY CONCERNS THAT MAY ARISE.

I ALSO WORK FROM THE PROPERTY BECAUSE I WORK FOR HENRICO VIRTUAL ACADEMY, SO I'M THERE TO HANDLE ANY ISSUES THAT MAY ARISE AND ANSWER ANY QUESTIONS. LIKE WE SAID, I DO NOT PLAN TO MAKE ANY CHANGES TO THE EXTERIOR CONSTRUCTION OR MAJOR CHANGES TO THE PROPERTY.

THANKS FOR YOUR CONSIDERATION. AND I'M AVAILABLE TO ANSWER QUESTIONS.

THANK YOU, MISS BAKER. ARE THERE ANY QUESTIONS FROM THE BOARD? IN THE FUTURE WHEN FOLKS ARE TRYING TO SHOW US WHAT THEY'RE TRYING TO DO WITH THESE PROPERTIES.

COULD WE GET PICTURES? AND SO WE CAN JUST VISUALLY SEE, BECAUSE I REMEMBER SOMETIME ONE TIME WE HAD SOMEONE ON A DIFFERENT ISSUE.

THEY WANTED TO DO DOGS AND WE COULD SEE THE INTERIOR AND GET A BETTER UNDERSTANDING.

I DON'T KNOW IF THEY'LL, IF Y'ALL ALLOW FOLKS TO GO IN, BUT SHE'S GOING TO DO HER BASEMENT.

I'M JUST CURIOUS TO SEE HOW IT'S GOING TO LAY OUT HOW THEY COME IN, HOW THEY LEAVE, YOU KNOW? WELL, I'M TALKING ABOUT THE INSIDE. I'M JUST CURIOUS.

YEAH. A LOT OF TIMES PEOPLE AREN'T EVEN HOME.

YEAH. WE CAN ASK. WE MAY NOT BE ABLE TO DO THAT IN EVERY CASE, BUT WE CAN ASK.

THIS DOES HAVE A SEPARATE ENTRANCE TOO, IF I RECALL.

IS THAT RIGHT? THAT'S IT ON THE SCREEN RIGHT THERE.

YEAH. OKAY. SO HOW IS HOW IS THE SPACE DIVIDED? IS IT JUST ONE LARGE ROOM OR IS THERE A SEPARATE BEDROOM? IT'S THE ENTIRE BASEMENT. SO THERE IS A BEDROOM IN THAT SPACE.

THERE IS A FULL BATHROOM. THERE IS A KITCHENETTE.

THERE IS ALSO A LARGE LIVING SPACE. OKAY. OKAY.

AND I GUESS THE REASON I'M FOLLOWING BECAUSE YOU SAY THREE, THAT KIND OF GIVES ME A FEELING THAT THREE SEPARATE PEOPLE OR THREE PEOPLE AT ONE TIME.

AND WHAT IF THIS FALL, I ANTICIPATE JUST TWO ADULTS.

AND IF THEY HAVE A CHILD, LIKE IT'S NOT REALLY SET UP FOR THREE ADULTS OR TWO ADULTS AND TWO CHILDREN.

THAT'D BE FINE. I DON'T THINK I DON'T KNOW, I HAVEN'T CROSSED THAT BRIDGE, BUT THREE, IT'D BE LIMITED TO THREE.

RIGHT. MR. BLANKENSHIP? THE CONDITION SAYS THREE.

SO THAT BRINGS TO MIND ANOTHER QUESTION MR. GREEN WOULD PROBABLY UNDERSTAND AS WELL.

IF I'M NOT MISTAKEN, THERE'S SOMETHING IN HERE THAT LIMITS THE NUMBER OF OF DOGS OR PETS TO THREE.

THAT'S RIGHT. YOU CANNOT HAVE THE CONDITIONAL USE PERMIT FOR ADDITIONAL ANIMALS AND A SHORT TERM RENTAL.

AND SHE COULD NOT HAVE A SHORT TERM RENTAL WITH FIVE DOGS.

COME AND STAY AT THE HOUSE. ALL RIGHT. WELL, WHAT IF SHE HAS A SHORT TERM RENTAL THAT COMES AND STAYS WITH THREE DOGS AND SHE HAS TWO DOGS? THAT WOULD BE PROHIBITED. SO THREE TOTAL NUMBER OF DOGS ON THE PROPERTY.

THE PROPERTY. OKAY. OKAY. THERE WILL BE NO PETS APPROVED TO STAY IN THE BASEMENT.

SHORT ANSWER NO CATS, NO DOGS? NO. I HAVE ONE DOG.

OKAY AND I WILL NOT APPROVE ANY PETS. HOW ABOUT FERRETS OR GOLDFISH?

[00:55:03]

EXCUSE ME? FERRETS OR GOLDFISH? MR. GREEN'S GOING TO SCOLD YOU FOR GETTING OFF TOPIC.

NO. I'M NOT. OKAY. THANK YOU. ANY OTHER QUESTIONS FOR MR. BAKER BEFORE WE OPEN IT UP TO THE PUBLIC HEARING? OKAY HEARING NONE, WE WILL ASK AT THIS TIME IF THERE'S ANYONE IN THE PUBLIC OR ON WEBEX THAT WISHES TO SPEAK IN OPPOSITION TO THIS CASE.

I'M NOT HEARING THAT THERE IS NO THERE IS NO ONE ON WEBEX.

OKAY. ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK IN SUPPORT OF THE CASE.

BESIDES OUR APPLICANT. OKAY. HEARING NONE, THEN WE WILL CLOSE THE PUBLIC HEARING AND I WILL PUT IT IN THE HANDS OF MR. MASSEY. MASSEY. MASSEY. I'M SORRY. MR. MASSEY FORGOT MY NAME.

THAT'S OKAY. I FORGOT THE DISTRICT. I FORGOT THE DISTRICT.

MR. MASSEY TO TO CARRY US FORWARD HERE ON THIS.

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 FINISHED BASEMENT IS A SUITABLE SPACE FOR SHORT TERM RENTALS.

MOST OF THE STAYS WILL BE HOSTED, WHICH TEND TO HAVE LESS IMPACT ON THE NEIGHBORHOOD.

SECOND, CAN WE HAVE A MOTION BY MR. MASSEY? A SECOND BY MR. GREEN. ALL IN FAVOR OF THE MOTION, SAY AYE. AYE.

AYE. DO WE HAVE ANYONE OPPOSED? HEARING NONE.

THE MOTION CARRIES. AND THIS CONDITIONAL USE PERMIT IS APPROVED.

THANK YOU. THANK YOU, MR. BAKER. ALL RIGHT. NEXT IS CONDITIONAL USE PERMIT 2026 NUMBER 101994.

MOISES CRUZ. A CONDITIONAL USE PERMIT TO CONVERT A DETACHED GARAGE TO AN ACCESSORY DWELLING UNIT AT 7210 FOUNTAIN AVENUE IN WEST BROAD STREET VILLAGE IN THE BROOKLYN MAGISTERIAL DISTRICT. WOULD EVERYONE WHO INTENDS TO SPEAK TO THIS CASE PLEASE STAND AND BE SWORN IN? OUR APPLICANT NOT PRESENT THIS MORNING AT 10:00. SO IT'S UNLIKELY THAT THEY'RE RUNNING LATE.

THEY ARE NOT ON WEBEX. DO YOU KNOW WHETHER THE APPLICANT WAS AWARE THAT THEY NEEDED TO BE HERE THIS MORNING? I SENT THE STANDARD EMAIL TO THEM. OKAY, BUT YOU DIDN'T HEAR BACK, SIR.

WELL, I DROVE BY THE PROPERTY. IT LOOKED LIKE IT WAS LIVED IN.

THERE WAS A CAR IN THE DRIVEWAY, SO SOMEBODY OCCUPYING THE HOUSE.

BUT THEY MUST HAVE FORGOTTEN ABOUT THE HEARING.

JUST DEFER TO NEXT MONTH. YEAH. IT'S YOUR DISTRICT.

YEAH. I THINK WE. I DON'T HAVE ANY MAJOR CONCERNS ABOUT THE CASE.

SOME OF THE OTHER FOLKS. BUT I THINK WE OUGHT TO HAVE THE APPLICANT HERE BEFORE WE MAKE A DECISION ON IT.

SO LET'S GO AHEAD AND POSSIBLE. LET'S GO FOR IT.

YOU WANT TO WAIT AND SEE IF IT'S PASS BY PASS BY AND THEN WE'LL GO AHEAD AND DEFER.

YEAH. OKAY. ALL RIGHT. THE NEXT. I MEAN MR. BROADWAY PBI IS THE THE SOMEBODY LIKES TO SAY MAYBE SOMEBODY FROM STAFF TRY TO CONTACT THE APPLICANT. ALL RIGHT. THE NEXT CASE IS CONDITIONAL USE PERMIT 2026 NUMBER 102012.

[1f. CUP-2026-102012 Tuckahoe Shannon Easter for Samuel Kettering: conditional use permit to allow an accessory building to remain in the front and side yard at 6503 River Road, Westham, Tuckahoe. Parcel 760-732-1770. Zoning: R-1, One-Family Residence District. Code Section: 24-4404.A.1. ]

SHANNON EASTER FOR SAMUEL KETTERING, A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY ACCESSORY BUILDING TO REMAIN IN THE FRONT AND SIDE YARDS AT 6503 RIVER ROAD IN WEST HAM IN THE TUCKAHOE MAGISTERIAL DISTRICT.

WOULD EVERYONE WHO INTENDS TO SPEAK TO THIS CASE PLEASE STAND TO BE SWORN IN? 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, MISS ROSMUS. THANK YOU, MR. SECRETARY. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF RIVER ROAD, ONE HALF MILE WEST OF HUGUENOT ROAD.

IT IS APPROXIMATELY ONE ACRE IN AREA AND IS APPROVED WITH A 4000 SQUARE FOOT DWELLING BUILT IN 1953.

THE APPLICANT ACQUIRED THE PROPERTY IN 2022. THE PROPERTY INCLUDES A TEN BY 12 FOOT STORAGE BUILDING THAT IS LOCATED MOSTLY IN THE SIDE YARD, AND EXTENDS INTO THE FRONT YARD.

THE STRUCTURE HAS BEEN THERE FOR AT LEAST 20 YEARS BECAUSE OF ITS SMALL SIZE.

A BUILDING PERMIT WAS NOT REQUIRED, BUT TECHNICALLY ITS LOCATION IN THE FRONT AND SIDE YARD REQUIRED APPROVAL OF A CONDITIONAL USE PERMIT.

THE APPLICANTS RECENTLY OBTAINED A BUILDING PERMIT TO BUILD AN ADDITION ON THE SIDE OF THE HOUSE BEHIND THE STORAGE BUILDING.

AND I DON'T KNOW IF THERE'S REALLY A GOOD. THIS IS PROBABLY THE BEST PHOTO YOU CAN SEE.

AND THE BUILDING EXCUSE ME, THE PERMIT STAFF REVIEWING THE BUILDING PERMIT INFORMED THE CONTRACTOR THAT THE 20 YEAR OLD STORAGE BUILDING HAD NEVER BEEN APPROVED.

THIS APPLICATION WAS SUBMITTED. AS A RESULT, THE BUILDING IS SET BACK APPROXIMATELY 60FT FROM RIVER ROAD AND IS SCREENED FROM VIEW BY MATURE LANDSCAPING, WHICH ALSO BLOCKS THE VIEW FROM THE ADJOINING PROPERTY.

IF NO OBJECTIONS ARE RAISED DURING THE PUBLIC HEARING, STAFF RECOMMENDS APPROVAL SUBJECT TO CONDITIONS, INCLUDING THE STAFF REPORT AND I CAN

[01:00:05]

ANSWER ANY QUESTIONS. THANK YOU, MISS RASMUS.

ANY QUESTIONS FROM THE BOARD FOR MISS RASMUS BEFORE WE HEAR FROM THE APPLICANT.

HEARING NONE. THEN WE WILL HEAR FROM THE APPLICANT.

WHO IS MISS EASTER, I BELIEVE? OR IS IT MR. KETTERING? NO. HELLO. MY NAME IS SID SHOAF. IT'S SHOAF. RHYMES WITH LOAF S H IN THE FRONT.

I'M NOT MISS EASTERLY. THEY'RE THE CONTRACTOR.

I WORK FOR BAKER DEVELOPMENT RESOURCES. DO A RANGE OF PLANNING AND ZONING CONSULTING AROUND THE GREATER RICHMOND, HENRICO AREA. AND SO THE CONSULTANT OR THE BUILDER HIT US UP TO REPRESENT THE CLIENT FOR THIS CONDITIONAL USE PERMIT REQUEST.

AND JUST WANT TO THANK STAFF FOR THE EXCELLENT PRESENTATION.

CAN YOU SPELL YOUR LAST NAME AGAIN? YES, SHOAF.

OKAY. SHOAF. OKAY. ALL RIGHT. THANK YOU. YEP.

NO PROBLEM. YEAH. SO CLIENT OWNS THE PROPERTY AND THEY LIVE THERE WITH THEIR FAMILY.

YOU CAN SEE HERE IN THIS PHOTO, THE STORAGE BUILDING IS TO THE RIGHT OF THEIR DWELLING.

AND THERE'S A BASKETBALL COURT AND THERE'S A PAVED DRIVEWAY. STORAGE BUILDING, I THINK IS KIND OF A MISNOMER FOR WHAT THIS IS.

IT'S ACTUALLY A PRETTY ATTRACTIVE CUSTOM ACCESSORY BUILDING AS SHOWN IN ONE OF THE PREVIOUS IMAGES.

IT INCLUDES SIDING AND SHUTTERS THAT COMPLEMENT THE EXISTING DWELLING'S ARCHITECTURAL FEATURES FROM THAT OTHER PICTURE.

IT WAS BRICK IN THE FRONT, BUT ON THE BACK IT'S A SIMILAR ARCHITECTURAL FEATURES.

IT'S ALSO QUITE CHARMING. IT APPEARS AS A GATEHOUSE FOR THE HALF CIRCULAR DRIVEWAY, THEIR DRIVEWAYS OFF OF RIVER ROAD.

PRETTY BUSY ROAD OVER THERE. FROM A FUNCTIONAL STANDPOINT, THE STORAGE BUILDING IS NOT YOUR CLASSIC, YOU KNOW, THROW YOUR STUFF THAT YOU DON'T WANT TO SEE FOR A COUPLE SEASONS AND THEN PULL IT OUT.

THEY USE IT ON THE DAILY. WE WENT OVER AND VISITED THE PROPERTY.

THEY HAVE LACROSSE NETS OVER THERE. THEY HAVE BASKETBALLS, THEY HAVE THEIR BIKE EQUIPMENT, AND THEY HAVE OTHER RECREATIONAL USES THERE. AND SO THE SITE ITSELF IS REALLY BEAUTIFUL.

IT'S ALL IMPROVED TOWARDS THE FRONT, TOWARDS RIVER ROAD AND LEVELED.

BUT TOWARDS THE REAR OF THE PROPERTY IS ALL GREEN SPACE.

AND THERE'S A DROP IN THE GRADE ABOUT 25FT FROM WHERE THE DWELLING IS TO THE REAR.

AND SO FROM A FUNCTIONAL STANDPOINT, IT DIDN'T MAKE SENSE TO HAVE THE SHED IN THE REAR WHERE IT DROPS OFF.

THEY WANTED TO MAINTAIN THAT BEAUTIFUL AREA FOR THE KIDS AND THE FAMILY NEEDS.

THAT AREA IS ALREADY PAVED AND LEVELED, SO IT ALLOWS THEM TO PLAY IN A SAFE AREA AND RIDE THEIR BIKES ON A PAVED, ALREADY IMPROVED AREA OVER THERE. AND THEN LASTLY, AS NOTED BY STAFF, IT'S COMPLETELY SCREENED FROM RIVER ROAD.

IF YOU'RE JUST DRIVING BY, YOU WOULD HAVE NO IDEA THAT THAT STORAGE BUILDING IS THERE.

IT IS SLIGHTLY VISIBLE FROM THE NEIGHBOR ADJACENT TO THEM.

BUT OUR CLIENT HAS SPOKEN TO BOTH OF THEIR ADJACENT NEIGHBORS AND THEY HAD NO ISSUES WITH THE SHED BEING THERE.

AND THIS PROPOSAL BEFORE YOU TODAY. AND SO I JUST WANT TO REITERATE AGAIN, CLIENT BOUGHT IT AND BOUGHT THE PROPERTY IN 2023.

THE SHED HAS BEEN THERE FOR AT LEAST 20 YEARS.

AND IT DIDN'T REQUIRE A BUILDING PERMIT AT THE TIME. AND SO WE'RE HERE JUST TO BECAUSE OF THE ADDITION FOR THEIR BY RIGHT ADDITION TO THEIR HOUSE.

THAT'S HOW THIS GOT IDENTIFIED. AND SO WE'RE JUST TRYING TO MAKE SURE EVERYTHING'S CLEAN FROM THE COUNTY'S PERSPECTIVE. AND THEN LASTLY, STAFF ARE RECOMMENDING APPROVAL. AND SO WE REQUEST THE BOARD'S APPROVAL AS WELL.

AND I'M HAPPY TO ANSWER ANY QUESTIONS. SO WOULD YOU SAY I WRITE IT IS SORT OF TRYING TO DO SOMETHING ELSE.

THEY'RE PUTTING ON AN ADDITION IN THE REAR. WHICH IS ALLOWED BY.

RIGHT. BECAUSE THEY MEET ALL THE SETBACKS AND REQUIREMENTS.

SO THIS GOT FLAGGED BECAUSE OF THAT, BECAUSE THE SHED IS TECHNICALLY IN THE FRONT AND SIDE YARD.

YEAH, EXACTLY. ALTHOUGH IT'S BEEN THERE FOR 20 YEARS.

OKAY. SO WHO FLAGGED IT? THEY DID THEIR JOB. THAT'S RIGHT.

THAT'S WHAT THEY'RE SUPPOSED TO DO. THEY MADE THE PROPERTY OWNER AWARE, AND THE PROPERTY OWNER CHOSE TO DO THE RIGHT THING AND ADDRESS IT.

YEAH. AND WE TOOK 20 YEARS. WELL, IT WAS A DIFFERENT PROPERTY OWNER.

YEAH. AND, YOU KNOW, THINGS THAT DON'T NEED A, YOU KNOW, A BUILDING PERMIT AND THEY'RE KIND OF HIDDEN.

THEY KIND OF GO UNNOTICED. I CAN'T SPEAK FOR 20 YEARS AGO.

I WASN'T HERE, SO WE DON'T ADDRESS WHAT THEY'RE ADDING ON.

NO, NO, THAT THAT'S THAT PERMIT WAS ISSUED. YEAH.

OKAY. DO YOU HAVE ANY OTHER QUESTIONS OF THE APPLICANT? OKAY. THANK YOU, MR. CHEF. THIS TIME WE'LL OPEN UP THE PUBLIC HEARING.

IS THERE ANYONE IN THE AUDIENCE ON WEBEX THAT WISHES TO SPEAK IN OPPOSITION? OPPOSITION TO THE CASE. THERE'S NO ONE ON WEBEX.

IS THERE ANYONE THAT WISHES TO SPEAK IN SUPPORT OF THE CASE? ADDITIONALLY, THE APPLICANT. OKAY. HEARING NONE, WE WILL CLOSE THE PUBLIC HEARING AND I WILL PUT IT IN THE HANDS OF MR. BROADWAY. WELL, THIS SEEMS PRETTY CUT AND DRY.

I THINK IT'S THE REQUEST IS TO COMPLY WITH THE TECHNICALITY OF THE LAW AND REGULATIONS.

THE BUILDING'S BEEN THERE FOR 20 YEARS WITH NO COMPLAINTS.

[01:05:01]

AND IS CONSISTENT WITH THE COMPREHENSIVE PLAN.

SO I WOULD MOVE THAT WE APPROVE. WE HAVE A MOTION BY MR. BROADWAY TO APPROVE WITH THOSE CONDITIONS. IS THERE A SECOND, SECOND, SECOND, SECOND BY MR. GREEN? ALL IN FAVOR, SAY AYE. AYE. AYE. IS THERE ANYONE OPPOSED? HEARING NONE. THE MOTION CARRIES. AND THIS CONDITIONAL USE PERMIT IS APPROVED.

THANK YOU, MR. CHAIR. THANK YOU ALL. OUR NEXT CASE IS NOT UNLIKE THAT ONE IS CONDITIONAL USE PERMIT 2026 NUMBER 102039.

[1g. CUP-2026-102039 Tuckahoe Tiff Armstrong: conditional use permit to build a detached garage inthe front yard at 8703 River Road, Tuckahoe. Parcel 753-730-2790. Zoning: R-1, One-Family Residence District. Code Section: 24-4404.A.1. ]

TIFFANY ARMSTRONG A CONDITIONAL USE PERMIT TO BUILD A DETACHED GARAGE IN THE FRONT YARD AT 8703 RIVER ROAD, AND ALSO TO ALLOW A SECOND BARN TO REMAIN IN THE FRONT YARD AT THAT SAME ADDRESS IN THE TUCKAHOE MAGISTERIAL DISTRICT.

WHAT 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. GIDLEY. THANK YOU, MR. SECRETARY. SUBJECT PROPERTY CONSISTS OF A 51.62 ACRE PARCEL LOCATED ON THE SOUTHERN LINE OF RIVER ROAD, IMMEDIATELY EAST OF THE ROSSLYN CONFERENCE CENTER.

IT CONTAINS AN EXISTING COTTAGE OR 1150 SQUARE FOOT BUNGALOW, BUNGALOW STYLE, DWELLING ON THE SOUTHERN PART OF THE PROPERTY, AND THAT IS LOCATED RIGHT DOWN HERE ON YOUR MAP.

ON THE SITE ITSELF IS THAT ACCESS VIA A LONG PAVED DRIVEWAY.

IN ADDITION TO THE. THAT'S NOT WHAT I'M WANTING.

SITE MAP. IN ADDITION TO THE RESIDENCE, THERE ARE TWO OTHER OUTBUILDINGS OF.

NOTE. FIRST, THERE WAS AN OLD BARN LOCATED RIGHT HERE AS YOU COME IN ON THE DRIVEWAY.

THIS WAS DEMOLISHED BY THE APPLICANT AND IS IN THE PROCESS OF BEING REPLACED WITH A NEW STRUCTURE.

THIS IS A PICTURE OF THE BARN RIGHT HERE BECAUSE THE PARCEL FRONTS ON RIVER ROAD.

HOWEVER, TECHNICALLY THIS IS IN THE FRONT YARD BECAUSE IT'S IN FRONT OF THE EXISTING HOME AND THAT REQUIRES APPROVAL OF A CONDITIONAL USE PERMIT.

THE APPLICANT IS ALSO RENOVATING A SECOND STRUCTURE OVER HERE.

ANOTHER BARN, WHICH IS LOCATED ROUGHLY 270FT NORTHWEST OF THE RESIDENCE.

THIS IS A PICTURE OF IT RIGHT HERE. THEY INDICATE THIS WILL BE USED AS A RECREATIONAL AMENITY FOR FAMILY AND FRIENDS.

IT USED TO BE A FARM BUILDING WHICH COULD BE LOCATED ANYWHERE ON THE PARCEL, BUT SINCE THAT'S NO LONGER THE USE OF IT, WE'RE JUST GOING TO INCLUDE IT AS PART OF THE CONDITIONAL USE PERMIT BECAUSE AGAIN, TECHNICALLY IT'S IN THE FRONT YARD.

IN REVIEWING THIS REQUEST, THE SUBJECT PROPERTY CONTAINS OVER 50 ACRES OF LAND.

ADJACENT PARCELS RANGE FROM 20 ACRES TO 100 ACRES AND ALSO CONTAIN OUTBUILDINGS LIKE BARNS, GARAGES AND GREENHOUSES. SO THE TWO ACCESSORY STRUCTURES ON THIS PROPERTY IS CONSISTENT WITH THE AREA.

BOTH ARE ALSO LOCATED OVER 1000FT FROM RIVER ROAD ON THE CLOSEST HOUSE AT 8701 RIVER ROAD.

RIGHT HERE IS ACTUALLY THE APPLICANT'S HOUSE.

SO I DON'T THINK THEY'RE GOING TO BOTHER THE APPLICANT, OBVIOUSLY.

AND THEN THE CLOSEST HOUSE NOT OWNED BY THE APPLICANT IS OVER 600FT AWAY.

SO LONG AND SHORT STAFF DOESN'T REALLY SEE ANY DETRIMENTAL IMPACT FROM THIS REQUEST.

IT'S MORE OF A TECHNICALITY. AND WE CAN RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS IN YOUR STAFF REPORT.

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

EXPLAIN TO ME THE YOU TALK ABOUT THE COTTAGE BEING 1100 SQUARE THOUSAND SQUARE FEET? WHAT'S THE SIZE OF THE HOUSE? BECAUSE I ALWAYS THOUGHT THAT THE ACCESSORY, THE THE UNITS THAT THEY BUILD COULDN'T EXCEED THE SIZE OF THE HOUSE.

SO WHAT'S THE SIZE OF THE HOUSE? THE HOUSE IS THE COTTAGE, SO TO SPEAK.

HOW IS IT IN THIS SITUATION? AND WHAT'S THIS? WHAT'S THE SIZE OF THE TWO BARNS? THE SIZE OF THE TWO BARNS.

LET'S SEE IF WE HAVE. ALWAYS THOUGHT THAT THEY COULDN'T BE BIGGER THAN THE HOUSE, BECAUSE WE'VE HAD OTHER CASES WHERE IT'S LIKE 35% ISN'T IT? RIGHT. SO HOW HOW IS THIS SQUARE FOOTAGE? NOW, THAT'S AS FAR AS THE FLOOR AREA TAKING UP THE YARD.

AND THE 35% IS FOR AN ACCESSORY DWELLING UNIT.

AND NEITHER NEITHER OF THESE IS A DWELLING UNIT.

IT'S NOT AN ADU. YEAH, THAT'S A VERY PERCEPTIVE QUESTION.

BECAUSE THESE ARE EXISTING BUILDINGS THAT WERE ORIGINALLY BUILT AS FARM BUILDINGS.

THEY'RE NON-CONFORMING WITH RESPECT TO THAT REQUIREMENT.

[01:10:02]

AT THE TIME THEY WERE BUILT, THEY WERE ALLOWED TO BE LARGER.

SO. BECAUSE IT WAS CONSIDERED AN AGRICULTURAL PROPERTY, FARM BUILDINGS AT THE TIME.

THEY'RE NOT GOING TO BE AGRICULTURAL IN THE FUTURE THOUGH. THAT'S CORRECT. BUT THEY ARE YOU KNOW I MEAN JUST LOOKING AT THE PROPERTY THEY ARE WHAT'S THE WORD THAT'S ACTUALLY IN THE CODE. SUBORDINATE. YOU KNOW THEY'RE, THEY ARE NOT BECOMING A PRINCIPAL USE.

THEY'RE NOT, YOU KNOW, BECAUSE OF THE SIZE AND SETTING OF THE PROPERTY.

SO THE HOUSE IS 1100 SQUARE FOOT. WHAT'S THE, WHAT'S THE SIZE OF BOTH BARNS.

SQUARE FOOTAGE OF BOTH BARNS LOOK LIKE THE BARN'S GOING TO BE 4 OR 5 TIMES THE SIZE OF THE HOUSE.

I DON'T THINK THEY'RE GOING TO BE THAT MUCH LARGER. AGAIN, AS MR. BLANKENSHIP INDICATED, THEY'RE BASICALLY LEGAL NONCONFORMING.

THEY DON'T CONFORM WITH THAT PART OF THE CODE, BUT THEY ARE LEGAL BECAUSE THEY PREEXISTED.

AND AT THAT POINT, THEY WERE LEGAL AT ONE TIME.

SO YOU CAN RENOVATE THAT STRUCTURE DOWN CLOSER TO THE RIVER.

WELL, THIS ONE HERE, YOU CAN RENOVATE THAT. IT'S NO LONGER USED AS AN AGRICULTURAL USE, SO IT WILL NO LONGER BE CONFORMING IF IT'S LARGER THAN THE HOUSE, BUT IT CAN STILL STAY BECAUSE IT PREDATES BASICALLY AT ONE POINT IT COMPLIED WITH THE REQUIREMENTS OF CODE. WE'RE NOT GOING TO SAY, OH, YOU'RE NOT USING THE PROPERTY FOR AGRICULTURAL USES ANYMORE.

WE'RE GOING TO MAKE YOU COME IN AND BULLDOZE THAT BARN DOWN.

THIS IS SAYING THE PERMIT TO BUILD A DETACHED GARAGE IN THE FRONT YARD.

WELL, BUILD MEANS NEW RIGHT TO ME. AND THIS THIS WAS AN EXISTING RENOVATE, RIGHT? THIS WAS AN EXISTING GARAGE HERE THAT WAS DILAPIDATED.

AND THEY'RE COMING IN AND REPAIRING OR REPLACING IT BASICALLY.

I WONDER WHEN THIS PROPERTY WAS LAST USED FOR FARMING.

THAT'S A GOOD QUESTION. PROBABLY NOT IN THIS CENTURY OR THE LAST ONE.

IT'S BEEN SOME TIME. I'M SURE. I HAD A QUESTION, MR. GOODLEY. SO DO WE KNOW IF SOMEONE LIVING IN THE IN THE COTTAGE.

IT IS NOT OCCUPIED FULL TIME AS A RESIDENCE, IS MY UNDERSTANDING.

WE CAN ASK THE APPLICANT TO CONSIDER THAT. IS THAT A REQUIREMENT? NO, NO, IT WOULD BE FOR A SHORT TERM RENTAL OR FOR AN ACCESSORY DWELLING UNIT.

OKAY. BUT NOT JUST TO BUILD AN ACCESSORY STRUCTURE.

WHAT ARE THEY GOING TO DO WITH IT? YEAH, YEAH.

LET'S LET'S. ANY OTHER QUESTIONS FROM THE BOARD? IF NOT, WE'LL HEAR FROM THE APPLICANT. NO. WHAT DID YOU DETERMINE THEY'RE GOING TO DO WITH IT AND BUY IT.

WHICH BUILDING? TWO UNITS. THE TWO BARNS TO THE TWO BARNS.

I WOULD ASSUME THEY'D USE THIS FIRST ONE FOR STORAGE.

THIS ONE DOWN HERE, THEY SAID A RECREATIONAL AMENITY.

I GATHER, YOU KNOW, YOU'RE GOING TO HAVE A FAMILY MEMBER GET WET, OR YOU WANT TO HAVE A COOKOUT OR SOMETHING LIKE THAT.

THEY'RE GOING TO USE IT FOR THAT. BUT THAT REALLY SHOULD COME FROM THE APPLICANT RATHER THAN ME, BECAUSE I'M NOT THE PROPERTY OWNER. YEAH. THE ONE CLOSER TO THE YEAH, THAT ONE THERE, THE ONE THAT THE NEWER BUILDING IS PART GARAGE AND PART STORAGE.

ANY FURTHER QUESTIONS BEFORE WE HEAR FROM THE APPLICANT? OKAY. WE'LL HEAR FROM THE APPLICANT NOW. I BELIEVE THAT IS TIFF ARMSTRONG.

YOU DIDN'T TAKE A PICTURE OF THE HOUSE? NO, SIR, I DIDN'T DRIVE DOWN.

IT WAS SO FAR OFF THE ROAD I WAS A LITTLE BIT HESITANT WHOSE PROPERTY I WAS GOING ON.

GOOD MORNING. MY NAME IS KELLY ARMSTRONG. I AM THE WIFE OF TIFF ARMSTRONG, AND I LIVE AT 8701 RIVER ROAD, WHICH IS THE NEIGHBORING PROPERTY TO THIS 8703 RIVER ROAD PROPERTY.

AND WE BOUGHT THIS PROPERTY LAST YEAR IN 2026.

AND ON THIS PROPERTY WERE THREE STRUCTURES. WE HAVE THE 1100 SQUARE FOOT COTTAGE THAT REMAINS USED BY FAMILY WHEN THEY COME TO VISIT US. MOST OF THE TIME IT'S VACANT.

WE HAVE THE GARAGE STRUCTURE UP TOP THAT WAS DILAPIDATED AND FALLING DOWN.

SO WE RAISED THAT AND REBUILT THAT THIS PAST YEAR AS A FARM STRUCTURE.

WE WENT AHEAD AND DID THAT, THAT IS CURRENTLY USED TO HOUSE OUR TRACTOR, OUR OUR LEAF VAC, OUR BUSH HOG, AND SEVERAL GOLF CARTS THAT WE USE TO GET BACK AND FORTH TO DIFFERENT PLANTING AREAS THAT WE HAVE FOR FRUITS, VEGETABLES, THAT KIND OF FLORAL FARM ACTIVITIES.

[01:15:04]

AND THEN THE THIRD STRUCTURE IS THE LARGE HISTORIC DAIRY BARN.

WHEN WE BOUGHT THIS PROPERTY, OUR GOAL WAS TO PRESERVE THIS PROPERTY FROM BEING DEVELOPED INTO A 25 HOUSE NEIGHBORHOOD, WHICH WAS, IT WAS MARKETED AS TO PEOPLE. SO WE WERE REALLY GRATEFUL TO BE ABLE TO ACQUIRE THE PROPERTY AND RESTORE THIS BARN, WHICH WHEN WE ACQUIRED IT, HAD A TREE THROUGH THE ROOF AND WE HAVE REMOVED THAT AND THE DEBRIS AND REPLACED THE ROOF OF THE STRUCTURE.

AND WE PLAN TO USE IT FOR PERSONAL GATHERINGS NOT AS A COMMERCIAL EVENT SPACE.

OKAY. THANK YOU, MR. ARMSTRONG. WE HAVE QUESTIONS FOR MR. ARMSTRONG. YOU SAID THE OTHER UNIT IS USED WHEN FOLKS COME AND STAY.

SO IS IT. IS IT A GUEST HOUSE? IT IT IS FOR US.

IT'S NOT OUR PRIMARY RESIDENCE, AND IT'S NO ONE'S PRIMARY RESIDENCE.

SO REALLY, WE'RE USING IT FOR WHEN WE HAVE FRIENDS AND FAMILY IN TOWN WHO LIKE TO STAY THERE.

HOW MANY BEDROOMS, BATHROOMS, KITCHEN. IT HAS TWO BEDROOMS, A KITCHEN AND ONE BATHROOM.

IT'S NOT BEING USED AS AN AIRBNB. YOU'RE NOT? NO. RENTING IT OUT TO SHORT TERM RENTALS OR LONG TERM RENTALS, I GUESS.

NO. OTHER QUESTIONS? I DO NOT. OKAY. HEARING NONE.

THEN WE'LL THANK YOU, MR. ARMSTRONG. WE'LL GO AHEAD AND CLOSE THE PUBLIC HEARING.

LET ME CLOSE THE PUBLIC HEARING. OPEN THE PUBLIC HEARING AND SEE IF THERE'S ANYONE IN THE AUDIENCE OR ON WEBEX WHO WISHES TO SPEAK IN OPPOSITION TO THE CASE.

THERE'S NO ONE ON WEBEX. IS THERE ANYONE THAT WISHES TO SPEAK IN SUPPORT OF THE CASE? IN ADDITION TO MISS ARMSTRONG HEARING NONE, WE WILL CLOSE THE PUBLIC HEARING.

AND MR. BROADWAY, ARE YOU READY TO MOVE FORWARD? YEAH. WELL, I WOULD SAY THIS SEEMS TO BE OUR DAY FOR TECHNICAL.

BUT AND I DID DRIVE BY. THIS IS IN MY NEIGHBORHOOD.

I DID DRIVE BY, AND OF COURSE, YOU CAN'T SEE ANYTHING FROM THE ROAD.

WE'RE TALKING ABOUT SMALL BUILDINGS ON THE ALMOST 52 ACRE PIECE OF PROPERTY.

AND THE BARNS HAVE BEEN ON THE PROPERTY FOR MANY YEARS.

IT'S CONSISTENT WITH THE COMPREHENSIVE PLAN. THEREFORE, I WOULD MOVE APPROVAL OF THE REQUEST.

WE HAVE A MOTION BY MR. BROADWAY. DO WE HAVE A SECOND? YES. SECOND. I JUST WANT TO DISCUSS. OKAY. SECOND.

SECOND. I SECOND. SECOND BY MISTER MASSEY. AND NOW WE'LL OPEN UP DISCUSSION.

HOW? WHAT'S THE SQUARE FOOTAGE OF BOTH BARNS? SEPARATELY. YOUR HOUSE IS 1100 SQUARE FOOT. WHAT'S THE SQUARE FOOT OF BARN ONE.

AND WHAT'S THE SQUARE FOOT OF BARN TWO? MY GUESS IS THAT THE SQUARE FOOT OF THE FIRST BARN, THE STORAGE BARN THAT'S WHITE, IS PROBABLY 12 TO 1400FT².

AND THEN THIS LARGE DAIRY BARN IS WHICH HAS BEEN THERE PROBABLY OVER A HUNDRED YEARS, I WOULD GUESS IS OVER 2000FT².

IT HAS A BASEMENT FLOOR AND MAIN FLOOR AND A LOFT WHERE THE HAY WAS STORED.

I THE REASON I ASK IS THIS THIS WHITE BARN LOOKED LIKE IT'S HUGE.

IT DOES LOOK BIG IN THE PICTURE, BUT I DON'T.

I ACTUALLY DON'T THINK IT'S AS ONE SIDE YOU CAN'T SEE, BUT ONE SIDE IS THE LEFT SIDE IS COMPLETELY OPEN AIR.

IT'S NOT ENCLOSED. IT HAS A FRONT TO IT. SO YOU DON'T SEE ALL THE FARM EQUIPMENT.

AND THE SAME ON THE RIGHT. IT'S LIKE. SO REALLY THE CENTERPIECE IS, IS THE STRUCTURE THE SIDE HAS IS ROOFED BUT NOT ENCLOSED.

IT IS OPEN. AND I GUESS WHILE I SUPPORT THIS, IS IT YOUR PLAN IN THE FUTURE TO MAYBE BUILD A BIGGER HOUSE ON THIS PROPERTY? NO. WE WILL REMAIN IN THE HOME NEXT DOOR ON 8701 RIVER ROAD.

SO YOUR PRIMARY GOAL IS IS PRESERVATION. YOU'RE.

YES. YOU'RE LOOKING AT A 25 HOUSE SUBDIVISION POTENTIALLY BEING PLACED HERE.

AND YOU ARE TRYING TO PRESERVE THE CHARACTER OF THE PROPERTY.

EXACTLY. CORRECT. OKAY. ANY OTHER QUESTIONS? WE HAVE A MOTION AND A SECOND.

ANY OTHER DISCUSSION? ALL RIGHT. ALL IN FAVOR OF THE MOTION TO APPROVE THE CONDITIONAL USE PERMITS, SAY AYE. AYE. AYE. IS THERE ANYONE OPPOSED? HEARING NONE.

THE MOTION CARRIES. AND THIS CONDITIONAL USE PERMIT IS APPROVED.

OKAY. THANK YOU. THANK YOU, MR. ARMSTRONG. ALL RIGHT.

THAT COMPLETES THE CONDITIONAL USE PERMITS FOR THIS MORNING. WE ALSO HAVE TWO VARIANCES.

[2. VARIANCES]

THE FIRST IS VARIANCE 2026 NUMBER 101718. WALTER JOSEPH FOR PAULA YOUNG.

[2a. VAR-2026-101718 Three Chopt Walter Joseph for Paula Young: variance from the side yard setback to build an addition at 9741 Pemberton Crossing Drive, Pemberton Crossing, Three Chopt. The applicant has 8 feet side yard setback where the Zoning Ordinance requires 16 feet side yard setback. The applicant requests a variance of 8 feet side yard setback. Parcel 753-756-7574. Zoning: R-5AC, General Residence District (Conditional). Code Section: 24-3313.D. ]

[01:20:06]

VARIANCE FROM THE SIDE YARD SETBACK TO BUILD AN ADDITION AT 9741 PEMBERTON CROSSING DRIVE IN THE PEMBERTON CROSSING DEVELOPMENT IN THE THREE CHOPT MAGISTERIAL DISTRICT.

WHAT 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? YES. THANK YOU, MR. GIDLEY.

THANK YOU, MR. SECRETARY. THE SUBJECT PROPERTY IS LOCATED OFF OF PEMBERTON ROAD, JUST SOUTH OF MAYLAND DRIVE.

IT CONTAINS AN EXISTING CAPE COD STYLE HOME THE OWNER HAS LIVED IN SINCE ITS CONSTRUCTION IN 2006, AND THIS IS A PICTURE OF THE HOME RIGHT HERE.

YOU MAY RECALL THIS FROM 2019 WHEN THE APPLICANT, WHO WAS SUFFERING FROM MS, RECEIVED A VARIANCE TO BUILD AN ADDITION OVER HER DECK.

AS THE YEARS HAVE GONE BY, THE APPLICANT HAS A NEED FOR ADDITIONAL IMPROVEMENTS TO ACCOMMODATE HER DISABILITY.

THESE INCLUDE A DOWNSTAIRS OFFICE, A FITNESS ROOM, A SECOND KITCHEN AND SPACE FOR A FUTURE ELEVATOR.

THE ADDITION WOULD ENCROACH EIGHT FEET INTO THE 16 FOOT SIDE YARD SETBACK.

THUS THE REQUEST FOR THE VARIANCE. AND THIS IS A DIAGRAM OF IT RIGHT HERE.

IN REVIEWING THIS REQUEST, STAFF BELIEVES THE THIRD THRESHOLD TEST IS MET, NAMELY A REASONABLE MODIFICATION FOR A PERSON WITH A DISABILITY OF THE APPLICANT HAS SUBMITTED TWO LETTERS FROM PHYSICIANS INDICATING THE NEED FOR THE OFFICE, EXERCISE ROOM AND ELEVATOR.

SECOND, A THREAT. SINCE A THRESHOLD TEST IS MET, ALL FIVE SUBTESTS MUST BE MET AS STATED IN YOUR STAFF REPORT.

WE BELIEVE ALL FIVE OF THESE ARE MET. LOOKING BRIEFLY AT THE DETRIMENTAL IMPACT THE ADDITION IS ON THIS SIDE OF THE HOME.

SO THERE'S NO NEIGHBORS THERE. AND AS YOU CAN SEE, THERE'S A LANDSCAPE BUFFER HERE WHICH WOULD FURTHER BUFFER IT FROM PEMBERTON ROAD.

SO FOR THESE REASONS, STAFF DOESN'T SEE ANY DETRIMENTAL IMPACT ON NEARBY PROPERTY.

AND SINCE THE THRESHOLD TEST IS MET, WE CAN GO AHEAD AND RECOMMEND APPROVAL OF THIS REQUEST SUBJECT TO THE CONDITIONS AND YOUR STAFF REPORT.

DO YOU HAVE ANY QUESTIONS? I'LL BE HAPPY TO ANSWER THOSE.

THANK YOU, MR. GOODLEY. DO WE HAVE QUESTIONS FROM THE BOARD FOR MR. GOODLEY? AT THIS POINT IN 2019, WE DEALT WITH THIS.

YES, SIR. THEY CAME IN AND ASKED TO CLOSE THE DECK, SO SHE.

AND THAT WAS ONE OF OUR EARLIER CASES WHERE WE ACTUALLY DEALT WITH THIS, IN THE VIEW FROM THE ATTORNEYS WAS SHE HAD A RIGHT TO UTILIZE THE SPACE JUST LIKE HER NEIGHBORS. AND IF THAT MEANT COVERING IT, THEN SO BE IT.

OKAY. TIME DOES FLY, DOES IT NOT? I BELIEVE YOU'RE ON 26.

I'M OLD, I CAN'T REMEMBER. SO I GUESS I WAS HERE.

I WAS HERE. YEAH. YOU WERE. I CAN'T REMEMBER.

I'M NO SPRING CHICKEN. SORRY. ANY OTHER QUESTIONS? OKAY. WE'LL NOW HEAR FROM THE APPLICANT. THAT'S MR. JOSEPH. GOOD MORNING. MY NAME IS WALTER JOSEPH. THAT'S JOSEPH. I'M SPEAKING ON BEHALF OF THE HOMEOWNERS.

I AM THE DESIGNER WHO'S WORKING WITH THEM FOR THIS PROJECT.

I'VE KNOWN PAULA AND MARTIN FOR SOME TIME NOW, AND THE GOAL HERE IS FOR THEM TO BE ABLE TO AGE IN PLACE IN THE EXISTING NEIGHBORHOOD.

THEY SEEM TO HAVE A GOOD, YOU KNOW, NEIGHBORS AND EVERYONE GETS ALONG.

ENJOY THEM IN THE NEIGHBORHOOD. SO MY GOAL WAS TO WORK WITH THEM TO GET A DESIGN THAT WILL FIT THE NEEDS FOR THEM TO BE ABLE TO DO THAT.

OKAY. THANK YOU, MR. JOSEPH. DO WE HAVE QUESTIONS FOR MR. JOSEPH? THIS IS A ONE STORY HOUSE, RIGHT? IT'S ACTUALLY TWO STORIES.

YEAH. SO IT'S CAPE COD. IT'S STORY AND A HALF A HALF STORY.

REALLY? DO YOU WANT TO PUT THE ELEVATOR TO GO UP TO THE SECOND FLOOR? CORRECT. IT'LL BE ELEVATED IN AN ADDITION ON THE SIDE OF THE HOME.

DID IT GET SOME ADDITIONAL SQUARE FOOTAGE FOR YOU? AND YOUR SIDE STREET IS PEMBERTON ROAD, IS THAT CORRECT? CORRECT. OKAY. ANY OTHER QUESTIONS FROM THE BOARD? OKAY. HEARING NONE THEN. THANK YOU. MR. JOSEPH, WE WILL OPEN THE PUBLIC HEARING AND SEE IF THERE'S ANYONE IN THE AUDIENCE OR ON WEBEX THAT WISHES TO SPEAK IN OPPOSITION TO THE CASE. THERE IS STILL NO ONE ON WEBEX.

IS THERE ANYONE WHO WISHES TO SPEAK IN SUPPORT OF THE CASE IN ADDITION TO MR. JOSEPH? OKAY. HEARING NONE, THEN WE WILL CLOSE THE PUBLIC HEARING.

AND I WILL LET MR. GREEN PROCEED FROM HERE. I MOVE WE APPROVE THE VARIANCE SUBJECT TO CONDITIONS RECOMMENDED

[01:25:10]

BY STAFF. THE ADDITION IS A NECESSARY MODIFICATION FOR A PERSON WITH A DISABILITY.

THE SIDE OF THE HOUSE IS NEXT TO COMMON AREA, SO THERE IS NO NEIGHBOR ON THE ON THAT SIDE WHO WOULD BE AFFECTED.

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

WE HAVE A MOTION BY MR. GREEN. IS THERE A SECOND? SECOND, SECOND BY MR. MASSEY. ALL IN FAVOR OF THE MOTION, SAY AYE.

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

AND THIS VARIANCE REQUEST IS APPROVED. THANK YOU, MR. JOSEPH. THANK YOU. THE OTHER VARIANCE FOR THIS MORNING IS 2026 NUMBER 101904 RICHARD DEUTSCH.

[2b. VAR-2026-101904 Tuckahoe Richard Deutsch: variance from the lot width requirement to build a single-family dwelling at 513 S Gaskins Road, Tuckahoe. The applicant has 180 feet lot width where the Zoning Ordinance requires 200 feet lot width. The applicant requests a variance of 20 feet lot width. Parcel 740-734-9245. Zoning: R-0, One-Family Residence District. Code Section: 24-3303.D. ]

VARIANCE FROM THE LOT WIDTH REQUIREMENT TO BUILD A SINGLE FAMILY DWELLING AT 513 SOUTH GASKINS ROAD IN THE TUCKAHOE MAGISTERIAL DISTRICT.

EVERYONE WHO INTENDS TO SPEAK TO THIS. STAND AND BE SWORN.

CAN YOU PLEASE RAISE YOUR RIGHT HAND? 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. RASMUS. THE SUBJECT PROPERTY IS LOCATED JUST NORTH OF THE COUNTRY CLUB OF VIRGINIA'S JAMES RIVER GOLF COURSE.

IT IS JUST OVER ONE ACRE OF AREA AND 180FT WIDTH.

EXCUSE ME, 180FT IN WIDTH. IT HAS 190FT OF FRONTAGE ON SOUTH GASKINS ROAD, A PUBLIC STREET MAINTAINED BY HENRICO COUNTY.

IN 1949, IT WAS PART OF A 2.094 ACRE PARCEL THAT EXTENDED FROM SOUTH GASKINS ROAD TO THE GOLF COURSE AND IS AND ABUTTED THE TERMINUS OF SANDALWOOD DRIVE. A DWELLING WAS BUILT ON THE PROPERTY IN 1958.

THE DWELLING IS KNOWN AS 501 SANDALWOOD DRIVE BECAUSE IT HAS A DRIVEWAY AT THE SOUTH END OF THE SOUTHEAST END OF THE PROPERTY.

IN 2004, THE SUBJECT LOT WAS DIVIDED FROM THE ONE ACRE PROPERTY AT 508 SANDALWOOD DRIVE.

AT THAT TIME, A DIVISION OF CERTAIN PROPERTIES INTO TWO LOTS WAS ALLOWED UNDER A GRANDFATHER PROVISION IN THE SUBDIVISION ORDINANCE.

THE COUNTY DID NOT REVIEW OR APPROVE THE DIVISION OF THE PROPERTY BECAUSE REVIEW WAS NOT REQUIRED.

HOWEVER, THE DIVISION CREATED ZONING ISSUES FOR BOTH LOTS.

THE PROPERTY IS ZONED R ZERO ONE FAMILY RESIDENCE, WHICH REQUIRES A MINIMUM LOT WIDTH OF 200FT.

BECAUSE OF ITS UNUSUAL SHAPE, THE ORIGINAL PARCEL MET THE LOT WIDTH AT THE SOUTHEAST END, WHERE THE DWELLING AT 508 SANDALWOOD DRIVE WAS BUILT.

AS PREVIOUSLY NOTED, IT MET THE PUBLIC STREET FRONTAGE REQUIREMENT AT THE NORTHWESTERN END WHEN THE LOT WAS DIVIDED.

HOWEVER, THE SUBJECT PROPERTY WAS LEFT WITH INSUFFICIENT LOT WIDTH AND 508 SANDALWOOD DRIVE WAS LEFT IN VIOLATION OF THE PUBLIC STREET FRONTAGE REQUIREMENT.

THE TWO LOTS HAVE BOTH BEEN CONVEYED SINCE 2004.

DIVISION, SO NEITHER OF THE CURRENT OWNERS WAS RESPONSIBLE FOR CREATING THE ZONING ISSUES.

THE APPLICANT HAS A CONTRACT TO PURCHASE THE SUBJECT PROPERTY, ON THE CONDITION THAT HE MUST BE ABLE TO OBTAIN A BUILDING PERMIT FOR A DWELLING. THE OWNER OF 508 SANDALWOOD DRIVE HAS BEEN MADE AWARE OF THE SITUATION AND MAY APPLY FOR A VARIANCE IN THE FUTURE.

STAFF EVALUATED THE LEGAL REQUIREMENTS FOR VARIANCE AND DETERMINED THAT ONE PART OF THE THREE PART TEST IS MET AND THE ADDITIONAL REQUIREMENTS WERE ALL MET.

SO STAFF RECOMMENDS APPROVAL SUBJECT TO CONDITIONS INCLUDING THE STAFF REPORT.

AND I CAN SHOW A PICTURE OF THE PROPOSED HOUSE.

AND THEN THE SITE IS JUST GOING TO BE TREES. BUT THIS IS THE HOUSE IN FRONT.

THIS IS 508 SANDALWOOD. AND I CAN ANSWER ANY QUESTIONS.

THANK YOU, MISS RASMUS. ANYONE FROM THE BOARD HAVE QUESTIONS FOR MISS RASMUS? DEMOLISH THE HOUSE AND REBUILD. SO THIS THIS 508 SANDALWOOD IS IS REMAINING.

THIS IS UNTOUCHED. THIS IS JUST REGARDING THIS EMPTY LOT WHICH FRONTS ON SOUTH GASKINS.

I HAVE A QUESTION. RASMUS? YES. I UNDERSTAND HOW THE SITUATION DEVELOPED WHEREBY THIS LOT AND THE ADJOINING LOT DO NOT MEET EITHER THE WIDTH OR PUBLIC STREET FRONTAGE REQUIREMENTS.

BUT WHY DO SO MANY OTHER LOTS IN THE AREA FALL SHORT OF THE 200 FOOT MINIMUM? IF YOU LOOK AT THE INFORMATION, THE STAFF REPORT.

THERE'S A NUMBER OF LOTS IN HERE THAT ARE LESS THAN 200FT, EVEN THOUGH IT APPEARS THAT'S THE REQUIREMENT IN THE ORDINANCE WHERE THEY THE ORDINANCE CHANGE AFTER THOSE HOUSES WERE BUILT, DID THEY GET VARIANCES? I'M JUST CURIOUS BECAUSE IT'S A NUMBER OF HOUSES THAT LOOKS LIKE LOOK LIKE IN THAT SAME SITUATION, PREEXISTING. THOSE MEASUREMENTS WERE PROVIDED BY THE APPLICANT IN HIS PORTION OF THE.

[01:30:02]

YOU KNOW WHAT HE SUBMITTED ONLINE. OKAY. AND I'M NOT SURE THAT WE WOULD HAVE MEASURED THE SAME WAY HE DID.

FOR EXAMPLE, RIGHT ACROSS THE ROAD ARE TWO OF THOSE LOTS.

AND I BELIEVE THE APPLICANT MEASURED THE FRONTAGE, YOU KNOW, AT THE STREET FRONTAGE.

BUT AT THE TIME THOSE HOUSES WERE BUILT, WE WOULD HAVE MEASURED AT THE POINT WHERE THE HOUSE WAS LOCATED.

SO, YOU KNOW, THERE ARE DIFFERENT EXPLANATIONS FOR EACH ONE, AND THERE MAY BE SOME THAT DON'T MEET THE REQUIREMENTS THAT ARE OLD NON-CONFORMING LOTS THAT DID NOT MEET THE REQUIREMENTS, BUT WE DID NOT GO THROUGH EACH ONE OF THOSE AND, AND EXAMINE THAT.

OKAY. SO LOTS AREN'T NECESSARILY SQUARE. THEY MAY THEY MAY MEET THE 200 FOOT REQUIREMENT AT THE FRONT OF THE HOUSE, BUT OTHER AREAS OF THE PROPERTY, IT MAY FALL SHORT OF THAT.

EXACTLY. OKAY. ALL RIGHT. AND I GUESS THAT WAS INFORMATION THAT ACTUALLY THE APPLICANT.

I APOLOGIZE. I SAID STAFF REPORT BUT IT IS YEAH.

IT'S PRESENTED TO YOU IN THE STAFF. YEAH. I REMEMBER READING THAT. OKAY.

THAT'S CORRECT. THANK YOU. ANY OTHER QUESTIONS BEFORE WE HEAR FROM THE APPLICANT? OKAY. HEARING NONE, THEN WE WILL HEAR FROM MR. DEUTSCH. GOOD MORNING. I'M RICHARD DEUTSCH, DEUTSCH.

H. AND FIRST OF ALL, I WANT TO THANK THE STAFF FOR FOR THE REPORT.

I ONLY HAVE TWO SMALL ADDITIONS. ONE IS THAT I'VE SPOKEN TO MOST OF THE SURROUNDING NEIGHBORS AND EVERYONE SEEMS SUPPORTIVE.

AND SECONDLY, WE OF COURSE NEED TO COMPLY WITH THE CONDITION OF EXTENDING THE SEWER LINE.

AND WE'VE ALREADY TALKED TO DPU ABOUT THAT AND WOULD PROCEED WITH THAT IMMEDIATELY IF THIS IS APPROVED.

THANK YOU, MR. DEUTSCH. ANYONE HAVE ANY QUESTIONS FOR MR. DEUTSCH? SO YOU ALREADY HAVE PUBLIC WATER, I GUESS, AT THE SITE, IS THAT CORRECT? WATER IS ALREADY THERE. OKAY. BUT NOT SEWER. HOW DO YOU REMEMBER ABOUT HOW FAR YOU ARE FROM THE EXTENSION? I WANT TO SAY 200FT, 250FT. OKAY. SOMETHING IN THAT NEIGHBORHOOD.

ONE, ONE. 185 UP. THERE'S A HOUSE NEXT TO YOU THAT THE STAFF REPORT INDICATED THAT MIGHT HAVE A SIMILAR SITUATION.

WOULD THEY HAVE ACCESS TO THAT SEWER AS WELL IF THEY DECIDED TO DO SOMETHING THERE? WELL, I'VE TALKED TO A COUPLE PEOPLE DOWN THE LINE. I WAS SURPRISED THAT THAT WHOLE AREA PASSED US DOESN'T HAVE SEWER, AND A COUPLE HAVE SAID THAT THEY WANT TO CONSIDER THAT IF THE CREW GOT OUT THERE AND STARTED DIGGING, THEY MIGHT EXTEND AS WELL. SO THEY'D HAVE THE OPPORTUNITY TO EXTEND THAT TO JUMP ON.

RIGHT. OKAY. ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS? MR. GREEN, IS EXODUS. OKAY. WE'LL NOW OPEN THE PUBLIC HEARING UP.

IS THERE ANYONE IN THE AUDIENCE ON WEBEX THAT WISHES TO SPEAK IN OPPOSITION TO THE CASE? I DON'T KNOW WHAT THE WEBEX STAFF WERE DOING ALL MORNING, BUT THERE'S NO ONE ON WEBEX. OKAY. THAT'S UNUSUAL, BUT WITH AS MANY CASES IS THERE ANYONE THAT WISHES TO SPEAK IN SUPPORT OF THE CASE? IN ADDITION TO MR. DEUTSCH, AND I THINK HE'S THE ONLY ONE LEFT IN THE AUDIENCE EXCEPT FOR STAFF AND US.

SO HEARING NONE, WE'LL CLOSE THE PUBLIC HEARING.

AND DO YOU LIKE TO PROCEED WITH PROMOTION, MR. BROADWAY? YES. WELL, BASED ON THE STAFF REPORT AND TESTIMONY BY THE APPLICANT OF THE PROPERTY SUITABLE FOR A DWELLING AND ANY HARDSHIP WAS CAUSED BY ANY PREVIOUS OWNERS.

THEREFORE, I WOULD I WOULD MOVE THAT WE APPROVE THE REQUEST.

WE HAVE A MOTION BY MR. BROADWAY. A SECOND BY MR. JOHNSON. MR. CHAIR, BEFORE WE PROCEED TO THE VOTE, THERE IS ONE VERY MINOR ISSUE THAT I WANTED TO MAKE SURE IS ON THE RECORD.

IN MANY CASES, YOU HAVE BUILDING PLANS AND SITE PLANS THAT THE APPLICANT HAS DECIDED UPON, AND YOU APPROVE THE VARIANCE SUBJECT TO THOSE PLANS.

THIS IS NOT ONE OF THOSE CASES. MR. DEUTSCH HAS A CONCEPTUAL IDEA OF WHAT HE WANTS TO BUILD AND WHERE HE WANTS TO BUILD IT, BUT I JUST WANTED TO MAKE SURE IT'S ON THE RECORD THAT WHEN WE GET THE ACTUAL PLANS, THEY COULD VARY FROM THESE MORE SIGNIFICANTLY THAN THEY USUALLY WOULD.

I IN EMAIL EXCHANGE, I SAID, IF IT'S ANY CLOSER TO THE ROAD OR CLOSER TO THE SIDE LOT LINES, IT MAY BE SOMETHING WE LOOK AT. OR IF IT WAS, YOU KNOW, A 1200 SQUARE FOOT RANCHER THAT WAS SUBMITTED THAT WOULD CLEARLY BE OUT OF CHARACTER WITH WHAT WAS APPROVED. BUT I JUST WANTED TO MAKE SURE IT WAS ON THE RECORD.

AND EVERYONE WAS CLEAR THAT HE IS NOT BINDING HIMSELF TO THE SKETCH OR TO THE ELEVATIONS THAT HE SUBMITTED.

SO YOU'RE PUTTING YOUR TRUST IN MR. DEUTSCH, GIVEN HIS YOUR PAST EXPERIENCE WITH HIM? WELL, IF WE HAVE ANY QUESTIONS, WE'LL BRING IT BACK TO THIS BOARD.

BUT I JUST WANTED TO MAKE SURE THAT IT WAS UNDERSTOOD BY EVERYBODY.

OKAY. THANK YOU. THIS IS NOT YOUR TYPICAL THAT ON THE RECORD SITUATION.

OKAY. THANK YOU. SO WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR OF THE MOTION TO APPROVE THIS VARIANCE, SAY AYE.

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

THIS VARIANCE IS APPROVED. AND THANK YOU, MR. DEUTSCH. ALL RIGHT, MR. CHAIR. YOU HAD A CONDITIONAL USE PERMIT WHERE THE APPLICANT IS NOT IN THE ROOM OR ON WEBEX.

[1e. CUP-2026-101994 Brookland Moises Cruz: conditional use permit to convert a detached garage to an accessory dwelling unit at 7210 Fountain Avenue, West Broad Street Village, Brookland. Parcel 767-748-0418. Zoning: R-4, One-Family Residence District. Code Section: 24-4406. ]

[01:35:05]

WE PASSED OVER IT. IF YOU WANTED TO MAKE A MOTION ON THAT CASE, NOW WOULD BE THE TIME.

YEAH, I THINK WE OUGHT TO DEFER IT. AND I DID NOTICE IN THE STAFF REPORT THE ONLY CONCERNS THAT STAFF MENTIONED THAT THERE WAS FENCING IN THE BACKYARD THAT LOOKED LIKE IT WAS DETERIORATING AND ALSO A PATIO, THEY WERE CONCERNED ABOUT SAFETY ISSUES.

THERE WERE SOME LOOSE BOARDS ON A ON A WOODEN PATIO IN THE BACK.

AND I'M WONDERING IF MAYBE THE APPLICANT IS NOW IN FURTHER DISCUSSION ON THAT OR WITH STAFF.

I'M JUST CURIOUS AS TO WHY THEY'RE NOT HERE. DO YOU KNOW, MR. GIDLEY, HAS THERE BEEN ANY FURTHER DISCUSSION WITH THE APPLICANT ON THOSE ISSUES OR.

NO, SIR. HE JUST TOLD ME HE OWNED THE FENCE AND HE INTENDED TO YOU KNOW, UPGRADE IT.

OKAY. I THINK WE'D LIKE TO HEAR FROM THE APPLICANT HIMSELF TO MAKE SURE THAT HE UNDERSTANDS THE CONDITIONS AND WOULD BE IN COMPLIANCE WITH THE IN COMPLIANCE WITH THOSE.

SO HEARING, HEARING, GETTING THAT INFORMATION, I'M GOING TO MOVE THAT WE DEFER THE REQUEST FOR.

MAKE SURE I GOT THE RIGHT CASE HERE. IT'S 101994101994.

WE REFER THIS REQUEST TO OCTOBER 22ND, 2026 TO HAVE THE APPLICANT PRESENT TO PRESENT THE CASE AND RESPOND TO QUESTIONS FROM THE BOARD. DO I HAVE A SECOND TO THAT MOTION? SECOND. SECOND BY MR. BROADWAY. ALL IN FAVOR OF THE MOTION, SAY AYE.

AYE AYE AYE. IS THERE ANYONE OPPOSED? HEARING NONE.