[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road October 6, 2021 6:30 P.M.]
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I SHOULD CALL THE MEETING OF THE CITY OF HUBER HEIGHTS, BORDERS, ZONING APPEALS TO ORDER MADAM SECRETARY, PLEASE CALL THE ROAD.
YOUR DAVIDSON HERE, MR. DEAN, MR. MOK, AND HIS ABSENCES EXCUSED.
MS. NEWBIE PRESIDENT, MAY I HAVE A MOTION TO APPROVE THE AGENDA? MAKE A MOTION TO PRIVILEGE WITHOUT OBJECTION.
THE AGENDA FOR TONIGHT'S MEETING IS APPROVED.
THIS SWEARING OF WITNESSES IN ACCORDANCE WITH THE RULES ARE THE BOARD OF ZONING APPEALS.
ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN.
I NEED Y'ALL TO PLEASE STAND UP, PLEASE RAISE YOUR RIGHT HAND AND RESPOND.
I DUE TO THE FOLLOWING OATH, DO YOU HEREBY SWEAR OR AFFIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD, PLEASE BE SEATED.
ANYONE THAT MAY WISH TO SPEAK TONIGHT.
AFTER THE CASE REVIEW THE STAFF REPORT, THEY STEPPED TO THE PODIUM, SPELL YOUR NAME FOR THE RECORD.
NOW WE'LL MOVE ON TO OLD BUSINESS BEING THAT WE DON'T HAVE ANY OLD BUSINESS.
WE'RE GOING TO GO RIGHT INTO NEW BUSINESS BZA CASE 12 DASH 12, THE APPLICANT MICHAEL'S SKILL SWEET SKILL WEEDS IS REQUESTING A VARIANT FROM SECTION 1142 AGRICULTURAL DISTRICT TO OPERATE A BUSINESS, NOT ASSOCIATED WITH AGRICULTURE AND TO OPERATE THE BUSINESS WITH THE USE OF AN EXISTING ASSESSORY BUILDING PROPERTY IS LOCATED AT 94 16 TAYLORVILLE ROAD.
THANK YOU FOR ATTENDING THE SAVING.
UH, MY STAFF REPORT READS AS FOLLOWS THE PROPERTY OWNERS REQUESTING OF AREAS OF THE CITY OF HUBER HEIGHTS, ZONING CODE PERTAINING TO THE OPERATION OF A BUSINESS ON AN AGRICULTURALLY.
SO PROPERTY, BUT SET BUSINESS IS NOT ASSOCIATED WITH AN AGRICULTURAL USE.
THE OWNER WISHES TO REFORM DIESEL TRUCK AND EQUIPMENT REPAIR ONSITE, AND WITH AN ACCESSORY BUILDING IN YOUR PACKET, YOU WILL FIND THE AGRICULTURAL DISTRICT CODE, WHICH STATES THE PERMITTED ACCESSORY AND SPECIAL USE REFERENCES.
YOU MAY NOTICE A REFERENCE TO HOME OCCUPATION IN SECTION 1140 2.04 F THIS BUSINESS FALLS OUTSIDE THE DEFINITION OF A HOME OCCUPATION.
THERE IS WORK PERFORMED OUTSIDE OF THE RESIDENTIAL STRUCTURE, WHICH IS PROHIBITED FOR A HOME OCCUPATION AS DEFINED IN SECTION 1120 3.53 OF THE CITY CODE.
ALSO IN YOUR PACKET AS A RESULT, THE REQUESTED BUSINESS TYPE DOES NOT FIT WITHIN THE ALLOWABLE USES AND REQUIRES A VARIANCE OF SECTION 1142 IN ORDER TO OPERATE.
IF THIS MARRIAGE IS GRANTED, STAFF RECOMMENDS IT'D BE RESTRICTED TO THE CURRENT PROPERTY OWNERS.
EXCLUSIVELY STAFF ALSO RECOMMENDS THAT THE VARIANCE FURTHER STATE, IF THE PROPERTY IS SOLD OR CHANGES, OWNERSHIP OR OCCUPANCY LEVARIUS IS NO LONGER VALID.
THE LOT IS APPROXIMATELY FIVE ACRES.
THERE ARE NO EASEMENTS ON THE PROPERTY.
THERE'S NO STRUCTURE OR PLACEMENT ISSUE WITHIN THIS VARIANCE REQUEST.
THE CITY ENGINEER HAS NO ISSUES REGARDING THIS REQUEST.
I ALSO HAVE A COUPLE OF THINGS I NEED TO READ INTO THE RECORD.
UM, MR. CHAIRMAN, FOR THE RECORD ON WEDNESDAY, OCTOBER 26TH, THE CITY RECEIVED A PHONE CALL FROM A NEIGHBORING PROPERTY, THE RESIDENT JACOB PRUITT OBJECTS TO THIS BUSINESS OPERATION DUE TO THE IMPACT FROM THE NOISE OF THE DIESEL ENGINES AND FROM TRAFFIC CONGESTION CAUSED WHEN SEMI TRACTORS ARE TOWED ONTO THE PROPERTY.
ADDITIONALLY, I'VE JUST RECEIVED FROM THE CITY MANAGER, THE LETTER THAT WAS EMAILED TO HIM TODAY.
I LIVE AT 40 94 54 TAYLORSVILLE ROAD NEXT TO MR. SKILL-WISE.
I HOPE I PRONOUNCE HIS NAME CORRECTLY.
AFTER RECEIVING THAT OVER VACATION, MY WIFE AND I LOOKED UP AS MUCH AS WE COULD ON THIS OPENING SECTION AND THE REQUESTED VARIANCE, GIVE THIS AN OBJECTIVE.
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THE PREVIOUS TRIAL AND APPEAL CASES BETWEEN MR SKILL-WISE AND THE CITY OF RIVERSIDE.IN CONSIDERING THE REQUEST WE DID ASK OURSELVES IF THE PRESENCE OF THE VEHICLE MAINTENANCE BUSINESS WOULD BE A PUBLIC HEALTH OR SAFETY ISSUE OR RUIN THE AESTHETIC APPEAL OF OUR OWN HOME.
WE HAVE NO ISSUES WITH THE AESTHETICS OF THE BUSINESS SINCE THE BUILDING HE USES BACK ENDS TO OUR PROPERTY AND IS FOR THE MOST PART HIDDEN FROM BOTH US AND THE ROAD IN TERMS OF SAFETY.
THE ONLY REAL ISSUE THAT WE SEE IS THAT THERE HAVE BEEN MULTIPLE TIMES WHEN THESE LARGE COMMERCIAL VEHICLES HAVE BLOCKED ONE OF THE LAYS OF TAYLOR'S WHEEL ROAD.
AS YOU PROBABLY KNOW, TAYLOR'S NO ROAD IS VERY NARROW HAVING NO SHOULDER WHATSOEVER.
WE ARE ALSO IN THE MIDDLE OF US.
I DON'T KNOW IF I'M PRONOUNCING THIS WORD BEFORE.
WE ARE ALSO IN LIMIT ALL THE, SHE CAME CAUSING SOME VISIBILITY.
IN FACT, RACE CARS LOVE OUR ROAD TO RACE THROUGH THE CURVES, THE STOPPED COMMERCIAL VEHICLES, FORCE CARS COMING IN, EITHER DIRECTION TO GO AROUND THE STOP TO THE VEHICLE.
I DON'T REALLY KNOW IF THIS IS A ZONING ISSUE.
IT IS NOT, AND MAY RISE TO THE LEVEL OF SAFETY ISSUE.
IT MAY, THAT WOULD BE A POLICE MATTER, BUT IT'S WORTH NOTING THAT IN THE SHORT AMOUNT OF TIME THAT WE'VE LIVED HERE, WHICH HAS BEEN JUST OVER A YEAR, WE'VE NOTICED THIS HAPPEN ON MULTIPLE OCCASIONS.
OUR BIGGEST CONCERN WITH THE REQUEST IS THE VALUE OF OUR PROPERTY.
AS A RESULT OF THIS VARIANCE REQUEST, WE CERTAINLY DON'T INTEND TO MOVE ANYTIME SOON.
IN FACT, OUR DAUGHTER TELLS US MULTIPLE TIMES THAT WE'LL SHORT RUN THE FARM AFTER US, BUT IT IS SOMETHING THAT WE STILL PAY ATTENTION TO.
THE OTHER IS THE POTENTIAL FOR THIS TYPE OF BUSINESS AND BECOMING A JUNKYARD.
AGAIN, THIS GOES BACK TO THE AESTHETIC CONCERN AND MR.
WHEN WE THINK ABOUT OIL ANTIFREEZE AND OTHER FLUIDS THAT COME ARE FROM A VEHICLE MAINTENANCE BUSINESS, SINCE WE DON'T HAVE ANY OR REASSURANCE THAT THOSE FLUIDS ARE BEING ADEQUATELY AND SAFELY DISPOSE OF, I WANT TO CONCLUDE, EXCUSE ME.
I WANT TO CONCLUDE BY SAYING THAT THIS WAS SOMETHING VERY HARD FOR US TO CONSIDER.
WE DON'T NECESSARILY KNOW MR. SKILL-WISE, ALTHOUGH HIS DAUGHTERS HAVE BEEN REALLY FRIENDLY WITH OUR CHILDREN, BUT THEY ARE OUR NEIGHBORS.
IF WE SUPPORT THIS, HOW COULD WE ADDRESS ANY FUTURE CONCERNS OUTLINED IF WE DON'T? WELL, HE'S STILL OUR NEIGHBOR AND WE'VE TRIED TO BE GOOD NEIGHBORS TO OUR TAILORS MILL STREET.
AGAIN, OUR BIGGEST CONCERNS ARE IN THE VALUE OF OUR PROPERTY AND THEN THE SAFETY CONSIDERATIONS, BOTH ON THE ROAD AND THEN THE POTENTIAL CONTAMINATION.
THANK YOU, ROSS AND RACHEL GOODSPEED, MILAD.
I WILL MENTION IN THE CONCERN REGARDING CONTAMINATION IN YOUR PACKET, AND WE CAN SHOW THE SPLIT ON THE DISPLAY.
I HAVE GIVEN YOU AN AERIAL VIEW OF THE PROXIMITY OF THE FLOOD, PLAIN, THE FEMA FLOOD PLAIN TO THIS PROPERTY AS WELL, AWAY FROM THAT NOW.
AND THE REASON YOU CAN SEE THE HASH MARKS THERE.
THE REASON I ENCLOSED THAT WAS FOR THIS VERY REASON BECAUSE OF THE DIESEL FUEL BEING ON THE PROPERTY, UH, SINCE IT'S OUTSIDE OF THE FLOOD, PLAIN, THAT MAY HAVE LESS OF AN IMPACT FOR POSSIBLE CONTAMINATION OF WELLS.
SHOULD THERE BE A SPILL DURING A FLOOD? I HAVE NO OPINION ON WHAT MIGHT HAPPEN OUTSIDE OF THAT SITUATION, BUT I, I FELT THAT WAS THE REASON TO PUT THAT.
AND IF YOU HAVE ANY QUESTIONS, I'LL TRY AND ANSWER THEM.
IS THERE ANY QUESTIONS FOR STAFF? THE ONE CORRECTION, I THINK FOR THE RECORD, I THINK YOU SAID ON THAT ONE LETTER THAT YOU READ, IT WAS OCTOBER 20.
SO WE RECEIVED A, WE RECEIVED THE LETTER, UH, TODAY, OCTOBER 6TH, OCTOBER 29TH.
THAT'S WHAT I WAS GOING TO SAY.
I HAVE A PROBLEM WITH DATES ON THESE REPORTS.
JERRY WILL TELL YOU, BUT I DO GET A COPY OF BACK EMAIL LETTERS.
I JUST DON'T SEE THAT FROM THE CITY MANAGER IN THE MIDST OF THE MEETING.
ANY QUESTIONS FOR STAFF? WHAT WAS THE ADDRESS FROM THAT EMAIL? ONE MOMENT.
I THINK YOU SAID AT THE BEGINNING, IT IS
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9 45 FOR TAYLORSVILLE.UH, NEXT DOOR NEIGHBOR, I ASSUME TO THE APPLICANT.
DO YOU HAVE ANYTHING WHAT'S THAT? MS. NEWBIE? NO.
AND EVERYTHING'S DOCUMENTS AT THIS TIME.
AMASS, IF THERE IS SOMEONE WHO WISHES TO SPEAK ON BEHALF OF THE APPLICANT TO PLEASE STAND TO THE PODIUM AND STATE YOUR NAME, PLEASE.
I'M THE ONE THAT HE'S PUT THE APPLICATION IN A M I K E S K I L W I E S.
SO AS FAR AS THE CONTAMINATION AND THE OIL GOES, UM, OUR TRUCKS ARE PURPOSELY BUILT FOR WHAT WE DO.
SO THEY HAVE WASTE OLD TANKS ON THEM.
AND THEN AFTER THAT, THEY GO TO A RECYCLER, UH, HOUSE OIL COMPANY IS THE ONE WE USE.
AND THEN THEY GO AFTER HE GETS THEM, THEY'D GO TO ANOTHER COMPANY THAT RECYCLED OIL FOR RESALE.
SO EVERYTHING IS, YOU KNOW, CONTAINED.
IT'S NOT RUNNING OUT ON THE GROUND OR ANYTHING LIKE THAT.
UM, WHAT WE'RE TRYING TO DO IS WE'RE NOT REALLY OPEN TO THE PUBLIC, SO WE DON'T HAVE TRUCKS RUNNING IN AND OUT.
YOU HAVE A 90% OF WHAT WE DO IS ONSITE MAINTENANCE.
SO I GO OUT TO THE TRUCK OR THE EQUIPMENT AND REPAIR THEM.
THE ONLY TIME THEY COME BACK IS WHEN IT'S A MAJOR REPAIR.
AND THEN EITHER I BRING IT IN OR WHEN A CUSTOMER HAS TO BRING IT, I SPECIFY A TIME WHEN THEY CAN COME IN.
SO WE TRY TO DO IT WHEN IT'S NOT A BUSY TIME OF THE DAY.
YOU KNOW? SO IT'S EITHER EARLIER IN THE MORNING AND BEFORE LUNCH, OR, YOU KNOW, AFTER RUSH HOURS AND STUFF LIKE THAT, WE TRY TO SPACE IT OUT.
SO, YOU KNOW, THERE'S NOT A BUNCH OF TRAFFIC JAMS AND DANGEROUS AND LIGHT AND SATCHEL.
SO HOW LONG HAVE YOU BEEN DOING THIS FROM, IN MY LIFE OR IS THERE, UH, EIGHT YEARS? NINE, NINE YEARS.
AND HERE IN THE CITY FOR EIGHT, NINE YEARS? YES.
MA'AM WHEN YOU STARTED, DID YOU COME AND LOOK TO SURE THAT EVERYTHING WAS COPESTHETIC AS FAR AS THE CITY AND THE RAGS WAS CONCERNED BEFORE YOU? WELL, AS FAR AS THAT AS BEING ZONED AGRICULTURAL.
SO WHEN I LOOKED INTO IT, IT SAID, WHICH I DON'T KNOW, I DIDN'T LOOK IN THE CITY, BUT IN GENERAL, AGRICULTURAL MEANS ANYTHING THAT SUPPORTS AGRICULTURAL.
SO WE WORK ON TRUCKS, HEAVY EQUIPMENT, FARM EQUIPMENT, AND ALL THAT STUFF.
I MEAN, TRUCKS, HAUL GRAIN, HEAVY EQUIPMENT, WORK ON FARMS. UH, YOU KNOW, I DON'T KNOW SPECIFICALLY WHAT THE CITY IS, BUT YOU KNOW, THE COUNTY AND OTHER STATES.
AND AS YOU KNOW, ANYTHING THAT SUPPORTS AGRICULTURE.
IS THERE ANY OTHER QUESTION RIGHT NOW? JUST ONE SECOND.
DO YOU HAVE ANY QUESTIONS? NOT RIGHT NOW.
OKAY, SCOTT, YOU KNOW, I'M TRYING TO WRITE DOWN.
UH, YOU'RE GOING TO BE SEATED.
UM, IS THERE ANYONE ELSE NEEDS TO SPEAK? YES, SIR.
PLEASE COME STAND AT THE PODIUM AND STATE YOUR NAME, SIR.
UH, MY NAME'S LARRY MOUSER, MOU, S E R.
WE PRESIDE AT 94 59 TAYLORSVILLE ROAD, WHICH IS, UH, ADJACENT TO THE PROPERTY OF MIKE.
I JUST WANTED TO PUT OUT FOR THE RECORD.
UM, WE PURCHASED OUR HOME OUT THERE AT, UH, 94, 59, 23 YEARS AGO.
SO WITH THE EXCEPTION OF THE GENTLEMAN THAT LIVES BEHIND ME, I'M PROBABLY THE OLDEST AND THE LONGEST HOMEOWNER IN THAT AREA.
I'M ALSO FRIENDS WITH ROSS AND RACHEL THROUGH MOVED DIRECTLY ACROSS THE STREET FROM ME.
AND OF COURSE WE KNEW EVERYBODY PRIOR TO THEM.
WE'RE KIND OF REQUIRED COMMUNITY AT THAT END OF THE STREET.
JUST ABOUT EVERYBODY KNOWS EVERYBODY JUST ABOUT EVERYBODY TAKES CARE OF EACH OTHER.
UH, I TRY NOT TO, WE ALL HAVE TO TRY TO STAY ON OUR OWN AND HELP EACH OTHER, BUT NOT TO HINDER EACH OTHER.
NOW I'VE HEARD DIFFERENT ACCUSATIONS OF WHAT'S GOING ON.
I HAVE NO IDEA WHO MADE COMPLAINTS, BUT I WOULD LIKE TO SAY THAT I'VE BEEN ON THAT PROPERTY.
I'M A MECHANIC ALSO, JUST SO YOU
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KNOW, RETIRED MECHANIC, I'VE SEEN HIS OPERATION.UH, THERE'S NOT A LOT OF JUNK SITTING AROUND THE AREA.
THERE'S NOT A LOT OF TRUCKS PARKED BACK HERE.
THERE'S MORE THAN MAYBE TWO THAT HE'S WORKING ON, BUT IT'S NOT LIKE THERE'S A WHOLE YARD FULL OF TRUCKS.
I'VE SEEN HIS WASTE DISPOSAL TREATMENT AND HAVING SOME EXPERIENCE WITH THAT.
I HEARD YOU ALL MENTIONED SOMETHING ABOUT, UH, THE WATER PLANE.
UH, JUST SO YOU KNOW, UNTIL ABOUT TWO, MAYBE THREE YEARS AGO, OVER THE LAST 20 SOME YEARS, WE'VE NEVER ACTUALLY HAD ANY FLOODING.
THERE'S A CREEK IN MY BACKYARD.
I LIVE ON THE SIDE OF THE STREET WITH A, THEY CALL IT A DRAIN.
YOU ALL CALL IT A DRAINAGE DITCH FOR SOME REASON, BUT IT'S A CREEK AND IT RUNS THROUGH MY BACKYARD.
AND SINCE THE TIMEFRAME THAT WE'VE LIVED THERE IN THE LAST 23 YEARS, UNTIL ABOUT SIX YEARS AGO, FOR FOUR TO FIVE YEARS AGO, WE'VE NEVER HAD THE WATER COME UP OUT OF THAT CREEK.
IT MAY COME UP TO THE SIDES ON A HEAVY DAY WITH THREE OR FOUR INCHES OF RAIN.
AND IT WOULD COME UP OUT OF OUR BANKS, I'LL CALL IT SIX, SEVEN FEET, BUT IT WOULD NORMALLY GO DOWN JUST AS FAST, BUT ABOUT FOUR YEARS OR SO AGO, THAT CHANGED.
AND WE WAS ACTUALLY HAVING SOME FLOODING ISSUES, ESPECIALLY ON OUR SIDE OF THE ROAD WHERE THAT WATER WAS COMING UP.
LITERALLY, PROBABLY WITHIN ABOUT 30 FEET OF OUR HOME.
WE CALLED UBUR HEIGHTS, CITY ENGINEERS COME TO OUR HOUSE.
MAYOR GORE WAS ACTUALLY A FRIEND OF OURS AND HE COME OUT AND LOOKED AT IT.
WE NEVER REALLY GOT A DEFINITIVE ANSWER ON WHAT THEY FOUND OR WHAT THEY SAW, BUT THE PROBLEM WAS RECTIFIED.
AND WE WENT THROUGH THAT FOR ABOUT TWO TO TWO AND A HALF YEARS OF WHERE I WOULD LITERALLY STAND IN MY YARD AND BE CONCERNED ABOUT MY HOUSE.
I DON'T, I'VE NEVER HAVE BEEN ABLE TO GET AN ANSWER OF WHAT YOUR ENGINEERS FOUND, BUT THEY FOUND SOMETHING.
I HAVE A FEELING IT WAS FROM SOME WORK POSSIBLY BEING DONE UP AROUND, UH, THE WALMART AREA OR MAYBE A LITTLE BIT FURTHER MORE TO THE WEST, BUT THEY RECTIFIED THAT PROBLEM.
SINCE THEN IN THE LAST TWO YEARS, I WOULD SAY WE'VE HAD NO FLOODING AGAIN.
I LOST A LOT OF EROSION OF MY LAND, BUT THE POINT I'M MAKING TO THIS IS DURING THAT TIMEFRAME OF ABOUT TWO YEARS OR SO, WE HAD A PRETTY SUBSTANTIAL AMOUNT OF WATER FLOODING IN DIFFERENT AREAS.
WHAT I DID FIND BEING FRIENDS OF THEIRS, THEN I NOTICED THAT THAT WATER NEVER DID REACH THEIR AREA.
IT WENT TO THEIR FRONT YARD, WHICH IS A LONG WAY, PROBABLY AT LEAST 70, 75 YARDS FROM THERE, HIS FACILITY THAT'S UNDER QUESTION, BUT IT NEVER, IT NEVER MADE IT TO THAT POINT.
BUT THE POINT IS THAT HAS ALSO BEEN RECTIFIED.
UH, AND SINCE THEN THE WATER NOW, EVEN IN THE RANGE OF NOW, WE'RE LUCKY IF THE WATER COMES UP OUT OF THE CREEK, UH, SIDES AGAIN, 10, 15 FEET ABOUT LIKE IT WAS FOR ALL THESE YEARS, AS FAR AS NOISE COMPLAINTS.
UH, I'D LIKE TO SAY THAT WE HAVE, UH, ENGINE, WHICH USED TO BE IN GENETICS.
THEY'VE CHANGED NAMES HERE WITHIN THE LAST YEAR, AT THE END OF THE ROAD, WHICH IS PROBABLY 75 TO A HUNDRED YARDS TO MY EAST.
WE ALSO HAVE BEHIND MY HOUSE, A PLACE CALLED INTERSTATE TRUCKING.
AND BEHIND THAT, OF COURSE WE HAVE TWO CONCRETE PLACES, CON CONCRETE CONTEXT AND WHAT USED TO BE CALLED PRICE BROTHERS.
AND THEN IT CHANGED NAMES AGAIN.
AND NOW ACTUALLY IT'S CHANGED NAMES.
I USED TO WORK ON THEIR EQUIPMENT.
UH, I WOULD LIKE TO STATE THAT THE NOISE I GET FROM MY HOME, I HEAR MORE FROM INTERSTATE TRUCKING THAN I DO ANYWHERE.
DO I HEAR FROM COLUMBUS EQUIPMENT OR IN GENETICS IN JACK, BUT I WILL HEAR STUFF FROM CONCRETE CONTACT AND INTERSTATE TRUCKING.
HE LITERALLY MADE THE INTERSTATE TO EXPLAIN.
THE BUSINESS WAS CALLED INTERSTATE TRUCKING.
IT'S ACTUALLY ON THE NEW CARLISLE PIPE, JUST BEHIND MY HOME.
I WOULD GUESS PROBABLY ABOUT 400 YARDS OR SO BEHIND MY EXISTING HOME.
I CAN HEAR THEIR EQUIPMENT SOMETIMES DAYTIME, SOMETIMES EVEN THROUGH THE NIGHT BECAUSE THEY RUN DUAL SHIFTS.
MY POINT IS, IF IT BOTHERS ME, I JUST
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CLOSED MY DOOR.I CAN HEAR THE INTERSTATE FROM MY HOUSE.
I SIT ON THE BACK PORCH AND A LOT OF TIMES, AND JUST LET IT RELAX ME.
I'VE NEVER HEARD ANYTHING FROM THIS PLACE EVER.
I'VE NEVER HEARD HAMMERING ANYTHING LIKE THAT FROM MIKE'S HOUSE.
THE PEOPLE THAT LIVED IN THE HOUSE AT ROSS, RACHEL LIVE IN DIRECTLY ACROSS FROM ME.
THEY OWNED LIVESTOCK BEFORE THEY MOVED.
THAT WOULD HAVE BEEN JIM AND COLEEN AND MILLER.
THEY HAD ALPACAS HAD AN ALPACA FARM.
THERE, THERE WAS ABOUT 15 OF THEM.
I JUST LIKE TO STATE FOR THE RECORD THAT I'VE WATCHED THAT LIVESTOCK FOR YEARS AND YEARS LIVE ON THAT LAND.
THE WHOLE TIME THAT MIKE LIFTED HIS LAND.
AND THERE WAS NEVER A COMPLAINT FROM JIM AND COLEEN MILLER, HUH? EXCUSE ME, TOM AND COLEEN FROM TOM AND COLEEN, THERE WAS NEVER A COMPLAINT OR ANYTHING ABOUT HIS BUSINESS AFFECTING HIS ALPACAS.
AS A MATTER OF FACT, WE WERE ALL QUITE GOOD FRIENDS AT THAT TIME, HATED TO SEE HIM LEAVE THE NEIGHBORHOOD, BUT HE RETARDED DECIDED TO DOWNSIZE THE LAND THAT'S THERE NOW DOES HAVE SOME LIVESTOCK ON IT, CHICKENS, COUPLE HORSES AND STUFF.
I DON'T BELIEVE HIS LAND TO BE AN IMPACT ON THOSE HORSES.
AND I'M NOT REALLY TRYING TO START A PROBLEM IN OUR AREA.
AND LIKE I SAID, I DON'T KNOW WHO STARTED THIS WHOLE COMPLAINT IN THE BEGINNING, BUT WE DO HAVE A NEIGHBOR IN OUR NEIGHBORHOOD.
THAT WOULD PROBABLY BE IN MY OPINION, THE NUISANCE OF THE NEIGHBORHOOD AND THE TIMEFRAME HE'S LIVED THERE, WHICH HAS BEEN LESS THAN TWO YEARS.
WE'VE HAD MULTIPLE POLICE AND FIRE DEPARTMENTS OUT THERE.
WE'VE HAD FIRES IN HIS FRONT YARD.
WE'VE HAD BUILDINGS BEING CONSTRUCTED WITHOUT A PERMIT BEING SENT TO OTHER RESIDENTS TO AT LEAST OBJECT ABOUT IT OR TALK ABOUT IT.
I NEVER RECEIVED A THING WHEN HE BUILT HIS GOTTI LOOKING CONTRAPTION IN FRONT OF HIS HOME, WHICH AT LEAST NOW HE PUTS SIDING ON IT.
FINALLY, HE SITS IN HIS FRONT YARD DAILY, IF NOT WEEKLY BURNING TARS AND HIS DRIVEWAY SMOKING TARS STOPPING TRAFFIC, BECAUSE I HEARD SOMETHING MENTIONED ABOUT TRAFFIC BEING STOPPED WHEN HIS RIGS WERE BACKING IN, I'VE SEEN MORE TRAFFIC STOPPED BECAUSE OF THE SMOKE COMING OFF OF THE GUY'S CARS IN FRONT OF HIS HOME, BECAUSE HE LIKES HIS TARS UP, CONSTANTLY BLOWING SMOKE OUT ON THE TAYLORSVILLE ROAD.
AND THE TRAFFIC LITERALLY HAS TO STOP BECAUSE THEY CAN'T SEE TO GET THROUGH IT.
THAT'S NOT COUNTING ALL THE CARS IN HIS BACKYARD, ALL THE CARDS IN HIS SIDE YARD AND EVERYTHING ELSE.
SO THAT WOULD BE THE BIGGEST PROBLEM THAT WE HAVE OUT THERE IN THAT PART OF THE COMMUNITY IN THE LAST SEVERAL YEARS.
BUT THAT'S JUST MY SAY ON IT AS BEING ONE OF THE I'LL CALL IT, THE SENIOR PEOPLE THAT'S LIVED OUT THERE FOR A LONG PERIOD OF TIME.
I PERSONALLY DON'T BELIEVE THAT MIKE'S BUSINESS WILL CAUSE ANY TYPE OF ISSUES IN THAT AREA.
THAT'S MY PERSONAL OPINION AS A NEIGHBOR.
UH, THAT'S BEEN IN THE AREA FOR QUITE SOME TIME.
Y'ALL HAVE ANY QUESTIONS FOR THIS GENTLEMEN.
CAN YOU STATE YOUR NAME? MA'AM MY NAME'S KELLY
UM, I JUST WANTED TO, UH, REITERATE THAT OUR BUSINESS IS OF THE MAJORITY MOBILE.
OUR CUSTOMERS DON'T WANT TO COME TO US.
THEY, THE DRAW OF WHAT WE DO IS THAT WE GO TO THEM AND IT'S, IT'S EASIER FOR THEM.
IT'S THE ONLY TIME WE BRING THINGS BACK IS LIKE, IF IT'S GOING TO BE SOMETHING THAT HAS TO BE TORN APART FOR MORE THAN ONE DAY, UH, BECAUSE THINGS TEND TO WALK WHEN YOU'RE IN PEOPLE'S PARKING LOTS AND THAT SORT OF THING.
BUT FOR THE MOST PART, HE'S NOT EVEN THERE HONESTLY.
UM, ALSO I JUST WANTED TO MAKE JUST A LITTLE BIT OF A BACKGROUND.
I W I DO WANT TO SAY, UM, REFERENCING THE GENTLEMAN THAT LARRY WAS SPEAKING OF WITH ALL THE CARS.
UM, HE, WE SHARE A NEIGHBOR, THIS GENTLEMAN HE'S SPEAKING OF, UM, WE HAVE NEW NEIGHBORS THERE JUST A COUPLE OF MONTHS AGO, BUT WE DID HAVE A LONG-TIME NEIGHBOR THERE, UM, BY THE NAME OF BOB.
AND SO I DO KNOW THAT THE ORIGINAL COMPLAINTS ORIGINATED FROM THAT GENTLEMEN,
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AND IT STARTED AFTER WE HAD TO CALL THE POLICE ON HIM BECAUSE HE, HE WORKS ON HIS CARS ALL NIGHT LONG.I THINK HE MUST BE NOCTURNAL, BUT IT'S ALL NIGHT LONG.
AND HE PLAYS REALLY LOUD MUSIC.
UM, AND HE RUBS UP ENGINES AND THEN HE DRIVES HIM REAL OUT, UP AND DOWN THE STREET ALL NIGHT, LIKE THREE, FOUR, O'CLOCK THE WE'RE I'M TALKING ABOUT ALL NIGHT LONG AND ONE PARTICULAR NIGHT.
UM, HIS MUSIC WAS REALLY LOUD AT ABOUT 11 O'CLOCK AND MY HUSBAND WENT OUT AND HOLLERED AT HIM TO TURN THE RADIO DOWN AND HE TURNED IT UP.
AND THEN AFTER THAT, HE WENT TO BOB OR MIDDLE NEIGHBOR AND TOLD BOB THAT BASICALLY HE WAS OUT TO GET US AFTER THAT.
AND THAT'S WHEN HE STARTED COMPLAINING TO THE CITY.
AND THEN HE IS ALSO FRIENDS WITH, UM, MR. GOODSPEED.
THAT IS OUR NEW NEIGHBOR ON THE OTHER SIDE.
AND, UM, WE'VE NEVER HAD ANY PROBLEMS THERE.
WE ARE ALWAYS, UM, WE'RE GOOD NEIGHBORS AND WE'RE VERY, UM, WHAT'S THE WORD? CONSIDER IT.
WE ARE VERY CONSIDERATE ABOUT WHAT WE DO.
UM, MY HUSBAND, HE GOES OUT TO WORK EVERY MORNING AT EIGHT O'CLOCK AND HE'S IN THE HOUSE EVERY NIGHT BY 4 30, 5 O'CLOCK.
AND LIKE I SAID, HE'S REALLY MOSTLY NEVER THERE.
SO, UM, AND AS FAR AS THE TRUCK'S BACKING IN AND OUT, IT IS A TWO LANE ROAD AND I'VE BEEN STOPPED.
I DON'T KNOW, COUNTLESS TIMES IN THE 10 YEARS WE'VE LIVED THERE, UH, FOR PEOPLE GETTING DELIVERIES, LOWE'S DELIVERIES, THEY'RE BRICKS, LAWNMOWERS, LITTLE ACCESSORY, YOU KNOW, EVERYBODY'S GETTING STOPPING TRAFFIC SOMETIME.
AND IT'S ONLY LIKE FOR A COUPLE OF MINUTES.
I DON'T REALLY, I THINK THAT MIGHT BE A LITTLE NITPICKING JUST IN MY OPINION, BUT THAT'S ALL I HAD TO SAY.
DOES ANYBODY HAVE ANY QUESTIONS FOR THE SHIP? NO.
I'M GONNA ASK FOR, OH, I'M SORRY.
MY NAME, MY NAME IS SHARON MOUSER.
WE LIVE ACROSS THE ADJACENT FROM MIKE AND KELLY.
UM, I GUESS I WANT TO SPEAK TO THE SAFETY THING TOO.
I HAVE CALLED I'M REITERATING WHAT THEY'VE SAID.
I'VE CALLED THE POLICE JUST AS FREQUENTLY AS A WEEK AND A HALF AGO ON THE NEIGHBOR DOWN THE STREET WHO ORIGINALLY FILED THE FIRST COMPLAINT.
I BELIEVE THAT'S WHO THAT WAS.
UM, FIRST SMOKING UP THE ROAD AND THE TRAFFIC WAS BACKED UP TO MY DRIVEWAY FROM HIS HOUSE TO MY DRIVEWAY BECAUSE PEOPLE COULD NOT SEE.
AND I STAYED ON THE PHONE WITH THE DISPATCHER.
I DIDN'T KNOW HIS HOUSE NUMBER.
I DON'T GO DOWN THERE AND CHECK IT OUT.
BUT HE HAS STOPPED TRAFFIC MORE THAN I'VE EVER SEEN THEM IN ALL THE YEARS.
WE'VE LIVED THERE 23 YEARS WHERE THE SENIOR PEOPLE OUT THERE AND I HAVE NEVER SEEN THEIR RIGS OR TRUCKS OR ANYTHING.
I MEAN, 90% OF THE TIME I'M HOME.
AND I'M OFF WORK RIGHT NOW BECAUSE OF A MEDICAL CONDITION.
AND I'M UP ALL HOURS OF THE NIGHT BECAUSE OF IT.
I DON'T HEAR ANYTHING FROM THEM, NOTHING.
AND AS FAR AS THE NEIGHBORS ACROSS THE STREET, THEIR CONCERNS ABOUT SAFETY.
I DON'T SEE WHERE THAT'S AN ISSUE AT ALL.
THEY'VE ONLY BEEN THERE A YEAR.
I'VE IN THAT YEAR'S TIMEFRAME.
I COULD PROBABLY TELL YOU IT'S BEEN LESS THAN 10 TIMES THAT HE'S HAD A VEHICLE TOWED TO HIS HOUSE TO PUT IN HIS BACK BARN OR WHATEVER THAT'S CALLED GARAGE POLE BARN, WHATEVER IT IS.
SO I CAN ATTEST TO THAT BEFORE THAT PRIOR YEARS, SAME THING, LESS THAN 10 A YEAR, IF THAT, SO THAT'S WAIT.
I HOPE YOU CONSIDER THAT WHAT THEY'RE DOING IS NOT HARMFUL TO OUR ENVIRONMENT, NOT IN OUR COMMUNITY, NOT TO ANY OF OUR NEIGHBORS.
THE OTHER NEIGHBOR IS MORE HARMFUL, WHICH WE WOULD APPRECIATE IF THE CITY WOULD LOOK INTO THAT HE'S RUNNING A JUNK YARD AND I'M SURE THE FIRE DEPARTMENT RECORDS AND POLICE RECORDS WILL SHOW THAT THEY'VE BEEN OUT THERE NUMEROUS TIMES.
THE QUESTIONS FOR THIS APPLICANT.
I'M GOING TO ASK FOR A MOTION TO APPROVE.
CAN I GET A SECOND, SCOTT, WILL YOU READ THE VARIANCE PLEASE?
[00:30:04]
IT HAS TO BE A DISCUSSION.DISCUSSION THE MOTION OF ROBERT RULES OF WATER.
WE START OFF WITH DISCUSSION WITH YOU, SCOTT.
UH, I WANT TO THANK EVERYBODY FOR COMING OUT HERE TODAY.
UM, I DID STOP AT YOUR NEIGHBORS AND ALL THAT, YOU KNOW, CAUSE I LIKE GOING OUT TOO AND SEE WHAT THE NEIGHBORS ARE TALKING ABOUT.
UM, THEY TALK BOTH WAYS, YOU KNOW, THEY TALKED ABOUT SOME ISSUES, WHAT YOU'RE TALKING ABOUT AND THEY'VE TALKED ABOUT YOUR NEIGHBORS PROBLEM DOWN THERE.
SO IT WASN'T ALL NEGATIVE AGAINST YOU OR ANYTHING LIKE THAT.
UH, I THINK THEIR CONCERNS ARE, SINCE IT IS ON S TURN AND A, A DEAD TURN, ALL THAT ABOUT THE TRUCKS BEING STOPPED OUT THERE AND BEING A SAFETY ISSUE.
THERE, THERE WAS CONCERNS ABOUT, YOU KNOW, OIL SPILLAGE, JUST BECAUSE IT'S NOT IN A, YOU KNOW, A FLOOD PLAIN OR SOMETHING LIKE THAT.
BUT IF YOU STILL HAVE OIL THAT GOES DOWN IN THE SOIL AND SOMETHING LIKE THAT FOR WELL WATER, UM, THE OTHER CONCERN WAS, UM, THE CONCERNED ABOUT OTHER BUSINESSES.
YOU KNOW, WE HAVE TO LOOK AT THIS NOT ONLY YOUR BUSINESS, BUT IF YOU GET IN THERE, OTHER PEOPLE SAY NEXT DOOR, EVEN IN NEIGHBOR, YOU'RE TALKING ABOUT THERE, HE WANTS TO RUN A JUNK YARD.
NOW YOU GOT TWO BUSINESSES AND ALL THAT.
SO WE HAVE TO TAKE ALL THAT IN CONSIDERATION.
THAT'S WHAT THE NEIGHBORS KIND OF CONCERNED ABOUT MORE BUSINESSES GOING IN THERE AND NOT BEING ZONED FOR BUSINESS.
SO THAT WAS ONE OF THE THINGS, UM, AND SOME OF THE PEOPLE WENT IN THERE AS FAR AS AGRICULTURAL, NOT EXPECTING TO BE A BUSINESS BACK THERE.
I WAS OUT THERE SATURDAY AND ALL THAT.
I DID HEAR SOME IMPACTS THAT WASN'T A MAIN CONCERN OR ANYTHING LIKE THAT.
THEY SAID HE WAS VERY CONSIDERATE AND DID CLOSE UP, YOU KNOW, AT SIX O'CLOCK AND ALL THAT.
YOU'RE NOT DOING AT ALL HOURS OF THE NIGHT.
THEY WOULDN'T COMPLAIN ABOUT THAT.
BUT JUST THE OTHER THINGS, WHAT THEY WAS TALKING ABOUT IS, YOU KNOW, SAFETY, CONCERNED, BUSINESSES, PROPERTY VALUE, UM, AND ALSO THE OTHER NEIGHBOR DOWN THERE.
THE OTHER NEIGHBOR IS NOT WHAT OUR DECISION IS FOR TONIGHT.
I WOULD DEFINITELY, YOU KNOW, YOU NEED TO GET SOME EVIDENCE, YOU KNOW, IT SOUNDS LIKE MORE NEIGHBORS OR AGAINST HIM.
AND DEFINITELY TALK ABOUT A JUNK YARD BACK.
THERE IS RECKLESSNESS AS A PARDON, RUBBER, UH, ILLEGAL BURNS AND ALL THAT, WHICH WOULD BE A DIFFERENT ISSUE THAN THIS ZONING COMMISSION RIGHT NOW.
UM, MY CONCERN IS LIKE IT ALREADY BEEN SAID, OR THE SAFETY ISSUES WITH THE HOMES THEY'RE BEING ON THE WELLS, UH, WITH IT BEING ZONED AGRICULTURAL.
IF WE'RE GOING TO LET A BUSINESS STAY THERE, AS WE JUST STATED, AND YOU KNOW, WHAT, IF ANOTHER BUSINESS WANTS TO COME IN, YOU'VE GOT THE FELLOW NEXT DOOR TO YOU THAT YOU SAY IS RUNNING A JUNK YARD.
SO IF WE LET ONE BUSINESS IN, DO WE LET TWO BUSINESSES IN, DO WE LET THREE BUSINESSES IN, YOU KNOW, HOW LONG BEFORE IT'S NOT, UH, AN AGRICULTURAL AREA ANYMORE? I THINK WE HAVE TO LOOK AT AND ALL THAT AND TAKE ALL THAT INTO CONSIDERATION.
UH, JUST ABOUT EVERYBODY ON THAT ROAD RUNS A BUSINESS OUT OF THEIR HOME OR THEIR ATTACHED, BUILT AND BUILDINGS.
SO YOU GOT, THERE'S A GUY DOWN THERE THAT RUNS A BOOK BINDING BUSINESS.
THERE'S A GUY DOWN THE ROAD THAT SELLS LAMBORGHINI'S AND HIGH-END CARS.
UM, JUST ABOUT EVERYBODY DOWN THERE IS RUNNING SOME SORT OF BUSINESS ON TAYLORSVILLE.
WE UNDERSTAND THAT, BUT WE'LL WAIT ON CHAMBERSBURG.
JIM'S TRUCK REPAIR WAS THERE FOR 40 YEARS BEFORE HE JUST DIED.
WE UNDERSTAND THAT, BUT THE CASE WHERE YOU PRESENTED TODAY, OKAY, WE'RE TALKING ABOUT, YOU GOT, YOU TRY TO RUN A BUSINESS IN AN AGRICULTURAL AREA.
WE ARE, WE'RE NOT LOOKING AT OTHER CASES.
WE'RE LOOKING AT YOUR CASE TODAY AND GO AND MAKE A DECISION ON THAT.
AND IT'S SAYING THAT THE, YOU KNOW, EVEN THOUGH THEY LOOKED AT THE HOME OCCUPANCY, YOU JUST DON'T FALL UNDER THE CRITERIA THAT HAS TO BE, WE'RE NOT TALKING ABOUT ANY OTHER BUSINESS WE TALKING ABOUT YOU AND WHAT YOU THAT'S.
ONE OF THE THINGS THAT WAS BROUGHT UP WAS IF I'M ALLOWED TO DO IT AND THEN OTHER PEOPLE WILL BE ALLOWED TO DO IT AND THERE'S OTHER PEOPLE DOING IT.
[00:35:01]
FIRST OF ALL, YOU KNOW, WITH CASE, WE LOOKING AT YOUR CASE, OKAY.IF SOME COME DOWN NEXT WEEK ON SOMEBODY ELSE'S CASE, THAT'S FINE.
WE LOOKING AT THIS CASE, WE'RE GOING TO MAKE A DECISION ON YOUR CASE.
AND WE DON'T, WE'RE NOT TRYING TO CHECK.
WE'RE NOT TRYING TO TAKE ANY OTHER PEOPLE'S STUFF.
THAT'S IRRELEVANT IF WE LOOKING AT YOUR CASE.
AND IT SAYS THAT'S AN AGRICULTURE AREA AND YOU ARE TRYING TO PERFORM A BUSINESS OUTSIDE YOUR HOME.
AND IT DOES, IT DOESN'T EVEN MEET THE, UM, THE CODE ON A HOME OCCUPANCY THING.
SO WE DON'T, WE JUST WANT TO LOOK AT YOUR CASE TO BE FAIR.
WE JUST WANT TO LOOK AND DISCUSS YOUR CASE ON IT.
CAN'T LOOK, WE CAN'T ADD OTHER PEOPLE'S CASES IN THIS SITUATION.
WITH ALL DUE RESPECT, I UNDERSTAND THAT IT DOESN'T FALL ON THE CRITERIA, BUT ISN'T THAT WHY WE'RE HERE REQUESTING A VARIANCE THAT YOU QUESTION THE VERUS, FIRST OF ALL, OKAY.
IF YOU, TO ME, IF YOU WANT ONE TO FOLLOW THE RULES, YOU'RE SAYING YOU'VE BEEN HAVING THAT BUSINESS FOR EIGHT YEARS.
IT SEEMED TO ME THAT YOU WOULD HAVE CAME TO THE CITY EARLIER THAN NOW, EIGHT YEARS AGO AND SAID, OH, WELL, I THOUGHT MY HUSBAND HAD EXPLAINED THAT WE THOUGHT IT WAS OKAY.
AND TO OUR UNDERSTANDING, WE THOUGHT IT WAS ALL RIGHT.
AND NOBODY HAS EVER HAD A PROBLEM WITH IT.
AND WE ARE VISIBLE FROM THE ROAD AND NOBODY HAS EVER HAD A PROBLEM EVER.
BUT UNTIL THIS GUY GOT IT OUT FOR US AND THEN STARTED THIS.
AND AS FAR AS I'M CONCERNED, IF HE WAS CONCERNED ABOUT HIS PROPERTY VALUE, I DON'T KNOW WHY HE WOULD MOVE THERE BECAUSE IT DOESN'T LOOK ANY DIFFERENT NOW THAN IT DID WHEN HE BOUGHT THE HOUSE A YEAR AGO TO THAT POINT.
AND SECOND OF ALL, WE JUST HAD OUR HOME APPRAISED AND IT APPRAISED FOR QUITE A BIT OF MONEY.
AND I'M NOT REALLY CONCERNED ABOUT PROPERTY VALUES OUT THERE.
AS FAR AS THAT, IT IS A VERY NICE AREA AND WE ARE NOT THE EYESORE THAT HE IS AFRAID THAT WE'RE GOING TO BE.
AS A MATTER OF FACT, WE PROBABLY WON'T EVEN BE WORKING OUT OF THAT BUILDING FOR MUCH LONGER.
WE PROBABLY WILL BE DOING SOME SORT OF RENTAL THING, BUT THIS IS NOT THE TIME FOR THAT FOR US.
IT'S SOMETHING THAT, BUT HERE WE ARE, WE HAVE TO ADDRESS IT NOW.
MY MIND, ANYTHING ELSE? YOU SAID WHAT? YOU SAID EVERYTHING.
UM, AND THEN THANKS TO MS. NEWBIE.
I HAD JUMPED AS FAR AS ANSWERING FOR THE MOTION.
UM, I HAD TIME TO REVIEW CAME BY THE HOME AND AS WELL, BUT I WOULD LIKE TO READ SOMETHING TO Y'ALL THAT YOU UNDERSTAND WHAT MS. NEWBIE IS SAYING AND WHAT ALL OF US IS SAYING, WE ONLY GO BY WHAT'S IN THIS.
THIS, THIS HERE TELLS US WHAT WE CAN AND WHAT WE CANNOT DO.
AND I DO, I SYMPATHIZE WITH YOU, BUT BASED ON WHAT WE SWORE INTO A UPHOLD, UH, IF THERE IS ANY OTHER PROBLEMS THAT SHE SAID STAYED IN OTHER OCCUPANCIES, WHICH ALL TOLD US THE STORY, AND I UNDERSTAND THAT WE HAVE TO ADDRESS BCA CASE 2112.
AND SO I WANT TO READ THIS TO Y'ALL.
SO YOU UNDERSTAND THIS ONLY MEMBERS OF THE FAMILY RESIDING.
THIS IS 1123 DOT 53 HOME OCCUPATION.
HOME OCCUPATION IS OCCUPATION CONDUCTED IN A DWELLING UNIT PROVIDED THAT ONLY MEMBERS OF THE FAMILY RESIDING ON THE PREMISES SHALL BE ENGAGED IN A HOME OCCUPATION.
THUS PERMITTING NO EMPLOYEES THERE IN, I HEARD THAT THE USE OF THE DWELLING UNIT FOR THE HOME OCCUPATION SHALL BE CLEARLY INCIDENTAL AND SUBORDINATES IS USED FOR RESIDENTIAL PURPOSES BY ITS OCCUPANTS.
AND NOT MORE THAN 25% OF THE FLOOR AREA OF A DWELLING SHALL BE USED.
WE'RE TALKING ABOUT THE HOME ASSESSORY BUILDINGS MAY NOT BE USED FOR THE HOME OCCUPATION.
THERE SHOULD BE NO VISIBLE EVIDENCE OF THE CONDUCT OF A HOME OCCUPATION.
NO TRAVIS' SHALL BE GENERATED BY A HOME OCCUPATION IN GREATER VOLUME THAT WOULD NORMALLY BE EXPECTED IN THE RESIDENTIAL NEIGHBORHOOD BEING THAT THIS Y'ALL ARE UNDER THE AGRICULTURAL IS NOT A BUSINESS AREA IS NOT ZONED FOR BUSINESS IS ZONED FOR AGRICULTURAL.
SO I UNDERSTAND EVERYTHING THAT Y'ALL SAID.
WE HEARD YOU, I HEARD YOU CLEARLY.
AND YOU KNOW, WITH THE ROAD AND ALL OF THAT, YOU'RE YOU'RE RIGHT.
THERE MAY BE OTHER, UH, HOMEOWNERS DOING WHAT THEY SHOULD NOT BE DOING BASED ON WHAT'S IN THIS BIBLE.
AND SOMEBODY MAY REVEAL THEM, BUT WE CAN'T, WE DON'T, IT'S NOT A TIP ATTACK.
WE CAN'T, WE CAN'T BASE OUR JUDGMENT ON, YOU KNOW,
[00:40:01]
HOW YOU FEEL AND WHAT IS ACTUALLY GOING ON IN YOUR COMMUNITY.THIS ISSUE WAS RAISED ABOUT Y'ALL HAVING A BUSINESS IN AGRICULTURE AND IT'S NOT FAR, YOU'RE NOT, FARMING IS NOT AGRICULTURAL EQUIPMENT IS BIG GRIGGS.
AND THAT MAY, EVEN THOUGH THE NEIGHBOR SAID IT DOESN'T BOTHER HIM.
IT'S THE FACT IS WE CAN'T APPROVE FOR YOU TO HAVE A BUSINESS, UH, YOU KNOW, BEHIND YOUR HOME WITH THOSE TYPES OF VEHICLES, BECAUSE IT'S NOT A BUSINESS AREA IS AGRICULTURAL.
SO IN SAYING THAT I HOPE I KINDA KINDA COVERED IT, BUT, UM, MS. NEWMAN REALLY DID SPEAK OUT, UH, EXACTLY HOW IT HAS TO BE.
UM, IT'S NOTHING, WE CAN'T MAKE THIS PERSONAL.
WE HAVE TO KEEP IT STRICTLY TO THE BIBLE.
THAT WAY, IF YOU HAVE A COMPLAINT OR ANYTHING, YOU STILL HAVE THAT, RIGHT.
IT'S NOT WHERE WE'RE GOING TO TAKE SIDES.
WE'D ONLY GO BY, WHAT'S WRITTEN IN THE BOOK AND THAT'S WHERE WE AT.
I'M ASKING FOR A MOTION TO APPROVE.
I MEAN, I'M SORRY, MR. SCOTT, WILL YOU PLEASE READ THE BARRIERS? WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE? YES.
WHETHER THE VARIANCE IS SUBSTANTIAL.
WHETHER THE CENTRAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER A CHURNING PROPERTIES WOULD SUFFER OF SUBSTANTIAL DETERMENT AS A RESULT OF THE VARIATES.
WHETHER THE VARIANTS WOULD FIRSTLY, AFFECT THAT DELIVERY OF GOVERNMENT SERVICES, SUCH AS WATER, SANITARY, SEWER, AND GARBAGE REMOVAL.
WHETHER THE PROPERTY OWNER PURCHASED A PROPERTY, WHAT THE KNOWLEDGE OF ZONING RESTRICTION.
WHETHER THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE POPULATED THROUGH SELLING METHOD OTHER THAN THE VARIANCE.
WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED IN SUBSTANTIAL JUSTICE.
BE DONE BY GRANTING THIS VARIANCE.
MADAM SECRETARY, PLEASE CALL THE ROAD.
NO, THAT'S FOUR TO, NO, I MEAN 40 ZERO AS FAR AS DISAPPROVING IT.
UM, BUT IF THERE'S SOMETHING ELSE THAT MAY COME UP WHEREBY UH, YOU CAN FIND SOMETHING, I'M QUITE SURE THEY'LL BRING IT BACK TO, UH, THE COMMITTEE HERE.
BUT LIKE I SAID, I CAN'T CHAIN US.
IT'S THE BYLAWS OF THE STATE AND IT'S NOT TRYING TO MAKE Y'ALL UNDERSTAND, BUT IT'S JUST THE WAY IT IS.
IT'S NOTHING WE CAN DO ABOUT THAT.
DO WE HAVE ANY ADDITIONAL BUSINESS MR. STEWART? YES.
CAN WE PUT ON OUR NEXT AGENDA AND ALL THAT? TALK ABOUT VARYING AND STANDARDS.
ON, COULD WE ADD THAT FOR THE NEXT MEETING? OKAY.
ANY ADDITIONAL BUSINESS? OKAY.
NOW WE NEED TO DO WITH THE APPROVAL OF MINUTES AND WOULDN'T HAVE ANY OBJECTIONS TO THE MINUTES OF SEPTEMBER THE FIRST 2021.
NOPE, NO OBJECTIONS, NO OBJECTIONS.
I WAS SIGNED IT AND WE'RE ENTERED INTO THE RECORD.
IS THERE ANYTHING ELSE? EVERYBODY WHO'S AT PEACE.
NEXT MEETING WILL BE WEDNESDAY, NOVEMBER THE THIRD, 2021.
I WANTED TO PUT IT ON RECORD THAT IF I'M READY TO HAVE SURGERY IN MY RIGHT SHOULDER, WHICH IS MY GOOD HAND.
I'M NOT REAL GOOD WITH MY LEFT HAND.
SO IF YOU WOULD, OKAY, I GOT YOU.
WEDNESDAY, NOVEMBER THE THIRD, 2021.
[00:45:01]
OKAY.