Board of Zoning Appeals - Regular Meeting

Everyone good?

Are y'all good? Okay. Like to call the meeting to order. The board of zon and appeals July 31st, 2025. Um, welcome everyone. Has everyone had time to review the minutes? Yes. Okay. To approve. Motion has been made to approve the minutes from the last meeting. Do I hear a second? Second by Tim Morris. Any discussion? All those in favor say I. I. I. I. All those opposed.

All right. Moving on to the next item on the agenda. We need to approve the agenda. Is there anything that needs to be added to the agenda that's on the list? If not, I'll take a motion to approve. So move. I'll second. All right. And seconded. All those in favor say I. I. Who seconded that? Kendall. Kendall. I'm sorry, Kendall. I did not hear you. All right. I'll try to direct toward you next time. I probably spoke away from you. Okay. Hey, Anna. Hi.

Moving on to public comments. Uh, we have made a decision to use public comments. As your agenda item comes up, we're going to have the person come up and present and then there will be public comments after that time limit time limit of we will put a time limit of two minutes on our public comments not on the presenter and please be respectful of that. Okay. Um Mr. Chairman, may I make a short statement before I leave?

Yes. Uh, everybody in the audience that can hear me, I want you to know the board of zoning appeals is made up of five regular members and one associate member. All six of those individuals are here tonight, but only the five on this end of the table. Miss Dembi is an associate member. She will not be commenting or participating in the meeting. But had one of the regular members been absent, then she would have sat in that seat in uh with the same authority as a regular member. I do want everybody to understand that this board of zoning appeals meeting was postponed uh the Thursday. I forget the date, but I can tell you we had our professional planner scheduled for the very next day to do the training for our board of zoning appeals members and our planning commission members. So I felt like it would be best that this planning commission address these first variance requests with the full knowledge of TCA law and having uh completed their four hours of statemandated training that has happened. One more thing I want to address the the the the public and this board. The resolution to amend our zoning resolution numbered 2025-05 is the one resolution that established the 5 acre minimum lot size in our A1 districts only. That same resolution had the statement,

and I'm slightly paraphrasing, minor subdivisions may be granted by variance. That's what this board is here to decide tonight on these applications. What some people don't understand in the public is that minor subdivisions and major subdivisions are uh distinguished differently by Coffee County's subdivision regulations. Whatever you Google, whatever you find in TCA has no bearing on Coffee County's subdivision regulations, which says a minor subdivision is one parcel separated to make four parcels or fewer. Our definition of a major subdivision is one parcel divided to make five or more parcels. When the resolution 2025-05 was adopted, we were focused on major subdivisions in the A1. That is exactly why the sentence minor subdivisions may be granted by variance. So TCA does grant this board the authority to approve minor subdivisions. You individuals that have applied to do that. I feel like these members will be asking you multiple questions regarding your attempt to achieve minor subdivisions and it will be up to them

to make this decision. So, having said that, I'm not going to sit through this and uh have anybody thinking that I'm affecting any way that they vote on this. So, I'm going to head out. If anybody's got any questions for me, the mayor only, I'd be glad to answer them right quick. But if not, I'm going to vacate the premises.

Thank you, mayor. Moving on. The first item on the agenda is a variance request building setback. Hold on. Public comments. Do it after they're going to present. We're going to present and then do Okay. Public comments. That's what we That's way we always It works. That's what you said, wasn't it? Yes, sir. I thought it was.

Yes, sir. Um, fairence request setback North G Street. Valerie Wilder. Is there someone here to present for Miss Wilder? If you would come up to the mic and state your name. I understand.

Valerie Wilder. B A L E R I E W I L D E R. Okay. What are you requesting? Um I have a piece of property owned by Hunter O Deer that is out in uh Hillsboro on North of G Street. It already has a three-bedroom septic in it. It already has a light pole and it already has a water tap from where a previous residence was there. He's trying to sell that to someone else to pull a residence in. I called and got the setbacks. The setbacks were good. Got the land under contract. Two days before we were supposed to close, the setbacks changed. Okay.

So, I'm just asking the setbacks be put back like they were so that she can have a home put back on there. Well, we cannot change the setbacks as far as the zoning resolutions. The variance can be granted. Okay. So, I just want that to be I have no idea what I'm doing up here. I understand. Um, do who owns the all the way around it? Does is it do they just own one lot? He only owns that one section. He doesn't own anything around it. And this is in Oakley subdivision. It is. And North G Street's on the back side. Correct. It's the very last one at the end. Okay. On the right hand side. On the right hand side. It's up on I got a pull map up there.

You got it. Yes. It's been completely bush hoged, cleaned off. There's nothing on it right now except a there's a septic in the ground and a water tap there. Okay. Those aren't buildings there. I'm sure they are not. That was a camper that they were trying to live in and that camper is now gone. Okay. What's on the back side of it there? Kendall, can you scroll to the

That is a small um is what they're telling me. We walked back there uh since it's been raining a lot lately and we couldn't find it. Um the septic is right there behind that white section under the one to the left. It looks like a ear right there. Actually go down down right there. And it's already been inspected by the state and approved to be used again.

And Wilder, you do not own this. I do not. I am the realator that took this on for Hunter O Dear who is about to be married into my family. He's at work. He works second shift. And this is the only property he owns. It was given to him by his grandparents who had the previous residence at the time. an Oakley subdivision was developed back years ago. There was no setbacks.

So, are you asking for the setback off the front, the sides, or um Well, it changed to 50 all the way around. So, it's only 104, I believe, across the front, which leaves you 4 foot to put your residence. If it was the 25 25 on each side, then they could still put their residents in there long ways. I think they're proposing 50 foot front, 25 both sides and rear. Is that correct, Miss Wild? Yes. How close are them residents?

Can you measure over here? Do you know how close they are? It's on the left. There's like a little ruler. It's a pretty good ways to that one on the screen, but the bottom one does and the one that's I don't even know if they're off their setbacks as far as their clipper. Yeah, we're to measure from that from that bottom res that looks like a house trailer there. I'm not sure. It's a trailer. Okay, it's still there. on. Yes, that's right there. Yes. Oh, there we go. Yes, little tiny line.

You need it from the property line or Yeah. I just curious the one that we're proposing actually go in front of that septic where the 14 is. Yes. On the other side. The septic's going to hook into the back of it. Okay. So, you pull a trailer in. They were Yes. And pull it long ways. Long ways. How long is the trailer? Um, I did all the measurements. How long is it?

I don't exactly know um how long it is. I did all the measurements before it changed and everything would fit. But it was with the the trailer going in front of that septic long ways and 25 off the front. That's it was 25. That's the trailer that will be reconfigured. No, they're they're going to pull a trailer in. They're wanting to pull one in to live in and hook it back up to that septic

and water tap that's there. Um and it would go right there where Where the 14 is is where it would go in long ways. Um, and closest to the front as it can be. What do you know what length trailer? I don't I did the measurements. It was like I want to say 70 274 maybe. 307. And you're going to go 50 feet off the road, off the road frontage. Yes. 50 feet back. Yes, we can go 50t back. It's like 200. And it says 204 right here.

Yeah. They thought about doing the short double wide. Yeah. And it was just I don't know. I felt like it was too close. So then we talked about doing sideways. Going sideways. And the hook back up. Well, the the looks like the house they have on here is 54 or 52 foot. If that was the case, it would No, that that's what they're saying. That was that's double wide that you they were talking about to a single wide update. Gotcha. Yes. Because he only this is the only lot he owns.

I ran into it with another lot out there, but they had two side by side, so we fixed it and put them together. what you can do, but I don't have I've called the people around that one and I can't get them to sell it to him to put it in. Well, they both have residencies. They do. One's a rental property. But this one, that one is um Montavos. It's a family. It's a double wide um that they built porches on to Both of those at the very end are

there anybody here to speak to this public comment?

Are you public comments on this issue? Okay. Do we have any more questions? Miss Wilder, it is okay. I'm sorry. I'm a school teacher and I was uh cleaning my room and then I was asked to show a house when I left there or I would have had a dress on. No, you were fine, man. Where are you a teacher at? Over in North Lake. Oh, okay. Franklin County. It's Franklin County in Yeah. Okay. Well, thank you for what you do. It's hard, believe me. Any other questions?

Well, this one down here, the one that's below it is 12 foot off the line. This one right here across the street from it looks like it's sitting on the line. And I know Mr. When Mr. Oakley built these, they were not kosher. Yeah, but that that one down there that's looks like it's sitting on the line may have combined the two lots. Yeah, they could have. Yeah. So, there's nothing on that, is there? Yeah. And we're planning on putting the driveway over on the opposite side where that small driveway going in there and then walk into the home from that side and septic will be behind it. Water taps already there.

Motion to approve. I'll second it. Okay. Okay. The motion's been made to approve and second the variance request by Miss Wilder. Uh, any other further discussion on this? You second. Yes, sir. Yes. All those in favor say I. I. Did you vote? I You can't vote. Do you want me to say I or I say All those opposed. I didn't say anything. Motion passes five to zero. You can't vote.

I don't think we start anything until you look at it. No, no, ma'am. We We don't We can't start that. And you should be able to um get all your information through Kurt next week. All right. Thank you so much.

Thank you. One down. I thought that didn't sound right. All right, these are all stapled together. All the applications uh agenda. Let me keep this one because it's got the sticker on. Keep track. There's

Yes, we're moving on to agenda item number two. Variance request 5 acre minimum in A1 zone, Baines Road, uh map parcel 13.08 Finny. Are they here? Okay. Evening everyone. I'm Nicholas Northcod and I'm uh representing the Finnies on this. Um I'm actually representing uh the next three variances that are for the Finnies and the faults because these are these three lots that you see on the screen here 1308 7 and six. Those are respectively the um the Finny properties that are the next three variance requests that are going to come before y'all tonight. I'm actually also representing um I'm not representing Hodgej, but I am Hill on Dean Shop Road as well as Thorp on Gross Road. And so I figured what I was going to do is instead of being a broken record and saying the same thing five times, I'm going to kind of get to the gist of what all of these have in common. So I am representing these five clients. What they do all have in common is that when they began the lengthy process of dividing their property, there was a clear set of rules by which all were treated equally and you know if you met the requirements. If you have never divided property then you may not be aware of how long this

process can take. Even on a simple minor division for one lot, um the surveyor alone can be backed out anywhere from six to eight weeks, the surveyor is dependent on having to wait on soil scientists. Soil scientists are backed out. Once you give your plat to a soil scientist, it may be a month before you get them back. So then once you get them back from the soil scientist, you have to send them to TAK and then uh getting something back from TACK typically takes around anywhere from four to eight weeks to get your approvals back from TACK and then that is so that you can get on the agenda and then wait a month to go before the planning commission. So it's a it's a a lengthy process. It takes months. And um so I guess when when the planning commission and the full commission voted to make the new changes regarding the 5 acre minimums effective immediately, these folks were caught in the crosshair and they have remained in limbo ever since that time. I would hope that in the future um to give Coffee County residents a viable and predictable way forward to manage their property uh that sensible criteria for minor divisions can be established. However, right now the jury is kind of out on that and in the meantime we ask that these folks be granted the courtesy of allowing them to continue the process that they had began prior to these changes. So the first one um I have on the list is for the Finny property at parcel 1308

which is uh the David Finny property and so the Finnies and the Faults they're all siblings they are the heirs of an estate and um they have farmed or leased their property out for being farmed for years but now uh they're up in years and it is time for them to sell their property. They have got a buyer for these properties that um is interested in giving them top dollar for their property if it can be divided. So each of these properties are nine acres which means that there is no way of dividing them without uh having to have a variance. You know, if they were 10 acres each, you could possibly split them in two and get two five acre tracks being nine acres. They have no option but to get a variance on each of these. What the next three uh you know Finny Finny and Folultz, they got on my list and began the lengthy process of the survey. They had a soil scientist to come out to their property and we gritted this whole property and they have thousands of dollars just in soils work. just in the soils work. They've got thousands on the line here. So, um we are asking and and seeking a variance that um Mr. Finny um on parcel 1308 be granted a variance to be able to do a minor division on his property. Um and that is uh we're seeking your approval on that.

And I can answer any questions y'all have. How large of an area on this one property? It's 9.101 acres. How small of a parcel are you wanting to cut off? Well, that would depend on the soils. No matter what we did, it would it would have to fall under the minor subdivision. Have you received that report back from soil scientists? No, sir.

On none of these? Well, we have a we have preliminary ideas of where some good soils are, but no no, we're still waiting to get that report back. So, basically the soils would dictate what they would be able to cut. So, the setbacks right now are 50 foot, right? Yes. Okay. But and the setbacks on that if it were to be split would be 50 foot too on each side. And how wide are they? 357 ft.

What is the size width of a lot size on the Isn't itund? If it's 8/10 of an acre, it's 100. If it's an acre, it's 125. If it's between two and five, it's 150. Okay. So, you could get two lots out of each one of these if if granted. Correct. Um well, they would be hoping to get more than two each. They wouldn't be able to exceed four. Yes.

But they're seeking to get what the soils will allow. And yes, every lot that would be on that would still have to go through the process of going through all the codes approval process. They would, you know, they would have to comply with building setbacks, tde all that. Each of those Nicholas, am I correct in saying the question or the thoughts. Each of those three lots would ultimately be developed in into four lots each if the soils will allow it. If the soils will allow it.

Yes, sir. There's kind of a big drain that runs through the middle of it. And typically there's nothing good, you know, surrounding those lower features like that. And each one of those is 9.1 acres. Nine acres. 9.01. Yes, sir. So they would all be, you know, if theoretically if they were cut in four, they would most likely all be over two acres. But there again, all that is determined by where your soil is at. And you know, some might have to be bigger than others uh in order to take in where the usable soil is. But if you cut them down into four, if you cut four out of there, you're not going to meet the setbacks. if you could have them loan to Tidley.

Well, I get paid to do that. So, I'll I'll make it happen. I don't know what you get paid, but I don't see it happening because when you take 357 and divide it by four. Well, we wouldn't divide them long ways like that. I'll get creative. They would put one in the back and one in the front. So, are you like planning on joining all three of them and then turning it into a subdivision? No, sir. These are three different owners, three different heirs, different buyers. Two of them. Well, two of them are owned by the same people. One of them is uh Faults. Yes, sir. But faults is a fine. It's all three fine. They're the heirs of Okay, understand that.

Yeah. Is that Norman? Is it Norman? David. David. David. Norman's our first cousin. Gotcha. Well, you're sure not going to be able to have septic around that dry, you know. Yeah. there. Again, the the the soils is um what will be the driver of what they're able to do on this provided they get the variance.

We're dealing with all three of these plots at the same time now. No, we'll have to do each one separate because we'll have to vote on each one separate. They began they began this whole process in April is when they started and it changed in May. Yes sir. But not but not before they had dropped money on the soils. Did they not know it was that there this was a possibility? No. Okay. Do we have a site plan or anything roughly drawn up what the plan is? No.

No. Well, I mean, there would be no need for them to do that if the variance isn't granted. Well, it it kind of does because that's where we're working with trying to figure out how to get you a variance. Well, I mean, I could tell they give you a blanket variance for nothing. You know, we don't know anything right now. That's what that's what I'm telling you. Well, what most likely would be the case is they would try to do um you know, two lots facing the road and perhaps two lots in the back with a uh 50 foot access easement. That would be the scenario that I'm seeing. Ma'am, you did a road. Two flags in one flag. You put two houses on one driveway.

Yeah. One flag lot with a a lot in the back and two on the road. there. Again, that's all speculative. It may only be able to be divided into three or two each.

Is there anybody here to speak to this one? Is anyone here to public comment on this issue? Okay. Any more? Give us one second. Is there any more questions? So, you don't really know how you're going to cut them up until you get the ser the ground back. The soul test. That's correct. And it's already out. The soil's already been sent in.

That's correct. Okay. And it's been sent in about how long? Uh it was after we had done the um you know the initial survey of going around the three tracks. He was out there. I I can't really remember to be honest sir. It was it was sometime towards the end of April. That's a soil scientist. That's correct.

Well, we ought to be getting the report back just pretty soon. You know, you're not the first person to uh say that. Yes, sir.

All right. Any more questions for Nick? So, uh, they own the land before April and they got started at serving it in April. They got started with the survey and the soils. Yes. Okay. It's been in the family for many, many years. I'm of the opinion. Is that right? Yes, sir. And they inherited it. So, the morator March. Yeah. All right. Thank you. Thank you. Who would like to speak first? Okay. If you would try to keep it under two minutes. No doubt. Believe sir.

Everybody believe me and state your name sir. Lewis Swift. Okay. And Mr. Northcut would should verify this because he if he remembers me. He's done lots of survey on P Ridge Road for me. And if it's this easy to chop land up, then it's it's very beneficial to my pocket pool. Would you state your name again? Lewis Swift. Swift. Swift. Yes, sir. And the only interest that I have in not chopping up land is because of the environmental of it.

What are we doing to the land? Are we destroying the land? They they they put this 5 acre requirement on this property for some reason. It it wasn't put in there just because they pulled it out of the sky. Now, three acres might suffice in a septic tank until you put three families in the house. because we got more families living in together this this day and time than we've ever had and we're gonna have more. So, I'm my problem with any of this is I want it studied a little more closely than what we're doing before we just make a stamp decision, say, "Well, we're just going to destroy all the land for our grandkids and kids because I could I can chop up a bunch of land. I got a bunch of land in corn right now. If I I could put 30 houses on one field that I got and it and I could not I instead of waiting on some contractor to pay me, I can just build them houses myself and put 30 of them out there. But what have I done to the land?

That's all I asked you folks. The first time the first lot that you ruled on, I think was pretty small. Yes. So it, you know, if it's if it's not going to destroy the land, okay, let's do it. But if we if it's going to do something to the prop to the property where our future kids and grandkids are going to have troubles, they're trying to make us drive electric cars right now. Understand? Thank you, sir. Thank you.

Thank you. Anyone else? Would you like to come up and state your name? My name is Todd Ray. Todd Ray. Yes, sir.

To the members of the board of zoning appeals. My wife I'm Todd. My wife is Bridget Ray and we own approximately eight acres on New Banana Road which we are currently building our dream home on. It has come to our attention that a variance request has been submitted for several 9 acre tracks of land on Baines Road for an exception to the 5acre minimum for the land zoned as A1 agriculture land. We understand the intention is to split the land into numerous smaller tracks which would be under the five acres each and build houses on them for resale for profit purposes. It was just back in May this year, less than three months ago, that the county commission voted to approve a 5acre reszoning minimum. What we don't understand is why less than three months later, request to break the rule would be considered much less approved. We are concerned the approval of this request would set a precedent for the outcome of the future variance request. Additionally, the stretch of Baines Road where the subject properties are located do not even have water services available on those properties. According to Hillsville Utility District, major infrastructure upgrades would be necessary necessary to accommodate the proposed project. We came from the city limits of Manchester and chose to build our home in Hillsboro because of the rural field. Uh this area is where we want to raise our two young two kids, children, and we hate to see the countryside of Coffee County be turned into neighborhoods like the one we moved to get away from. Um, speaking of the water services, this property does not have, we actually bought part of the Finny farm when it sold. It still is for sale. Um, I fought for over three months just to get water to my property. And there is no water on Baines Road to that area. Um, it took me three months just to get water and to get it approved through the state of Tennessee just to get water to

my property. And it ends at my property. just ask for consideration and and to vote against these variances. Okay. Thank you. Anyone else want to speak on these agenda items?

Yes, sir. Can I add one thing service? Okay. Um, I was just going to say right now the county rule or prior to the 5acre minimum, the county rule was that if your property was not serviceable by water and had to be serviced by a well that there would be a 2acre minimum. Yes, sir. So, in this case, that might very well be what has to happen. Yes, sir. And we are working to get it out to

Okay. properties have been listed almost a year and a half. These are the last three tracks to sell.

What's the Kendall, I'm going to ask you to read conditions for variances if you don't mind. Have you got it? March 11th. The county commission, March the 11th. Hey, candle. It's right there. Is it on that one? Yes.

March 11th. It was approved by the county on March 11. Have you got it? All right. I don't have it. Here you go. There you go. All right. It should be highlighted there for variances.

Yes, sir. The purpose of this variance is to modify the strict application of spec specific requirements of this resolution in case of exceptional irregular, narrow, shallow, steep lots or other exceptional physical character conditions whereby such strict application would result in practical difficulty or unnecessary hardship which would deprive the owner of the reasonable use of the land. Variances shall be granted from zoning restrictions such as heights, setback, and lot density where such variances are reasonable and necessary to ensure uninstructed access to direct sunlight. Variances shall not be granted which would cause an unreasonable obstruction of direct sunlight to adjacent property if there is an unreasonable or reasonable probability of utilization of passive or active solar radiation on said adjacent property. The variances shall be used only where necessary to overcome obstacle which is preventing an owner from using his property under this resolution. All right, turn that piece of paper over and there should be a thing for standards or variances on the back. Is it?

Yeah, there is. Okay.

In granting a variance, the board shall ascertain the following criteria are met. Number one, variances shall be granted only where spec special circumstances or conditions fully described in this finding of the board do not apply generally to the district. Number two, variances shall not be granted to allow a use otherwise excluded from the particular district in which it's requested. Number three, for reasons fully set forth in the findings of the board, the afor circumstances or conditions are such that the strict application of the provisions of this resolution would deprive the applicant of any reasonable use of this land. Mere loss in value shall not be justified in variance. There must be a deproation of beneficial use of the land. Number four, the granting of any variance shall be in harmony with the general purposes and intent of this resolution and shall not be injurous to the neighborhood detrimental to the public welfare and in conflict with comprehensive plan for development. Number five, in reviewing an application for variance, the burden for of showing that this variant should be granted shall be upon the persons applying there for. Number six, variances shall not be granted within any floodprone area if any increase in the level of the 100-year flood would result from the proposed development.

Okay. Yeah, she's going to do the timeline on the 5 acre restriction. So, starting February 25th, 25th, planning commission minutes by Mayor Hunt introduces a moratorum, planning commission votes 6 to zero, which is February 25th again. March 11th, county commission resolution. Resolution 202503 places the 180day moratorum. Um, say it was released on the I'm sorry. On March 11th, it was March 11th.

County Commission resolution uh voted on it effective March 11th. And it looks like according to what we're hearing is they proceeded out here uh in April. Well, because of that the March 11th meeting when it was passed by the full commission which was done before they started this division of property. I'm going to make a motion to deny the first one.

Okay. We have to um make a motion to accept per Robert's rules of order and if it is denied then we have to turn around and have a positive. Okay. So I make a motion to accept. Okay. When was the full commission vote again? March 11th. The full commission voted to pass the 5acre minimum

the 180day moratorum which means it was put a stop to for 180 days and everybody knew something was coming. So the planning commission voted February 25th to accept the moratorum. March 11th it went to county commission resolution and it was in effect. March 11th is what it's saying. Scanned resolution on March 11th. And I can even try to pull that up. And that was for 90 days. 180 days. Whole 180. I'm sorry. Okay. Still

and it got done quicker than that. Yeah, everybody to me everybody knew something was coming for A1 only. It was not coming for the whole county. It was going to be looking at A1 and that's what the the planning commission and we're just about halfway through that 180. Oh, it's over with. It's over. It's over. Yeah, they they they commission voted to do the 5 acre minimum. Okay. And the moratorum went away. So, I've got a motion on the floor to accept. Can I ask one more thing before you all vote, please? Do I need to come up there?

Yes. Yes, sir. If you would come to the mic.

Um, there was just maybe a couple of things that I wanted to point out in regards to the moratorum. It was understood by many that the new changes were going to apply to major divisions only. In fact, one of the planning commissioners um just brought up at the last planning commission meeting uh she also sits on the full commission as well. It was her understanding that these only applied to major divisions. And I think it's also maybe a little bit unfair to hold these people of the rules that may pass when the planning commission hasn't even established a criteria for when a variance can be allowed which is what they were discussing at this last meeting because they weren't sure if it was going to pass or not. So having no, you know, not knowing whether it was going to pass or not and then it also being made effective immediately, I feel like does put an unfair burden and hardship on these people that have already dropped thousands of dollars on some of these properties.

Okay. Anyway, thank you. Thank you, Mr. Chairman. May I ask? Uh let us get a second first, please. if you don't mind. Motion's been made to accept the So, you can't make a motion to deny it yet. Motion to accept. You have to make a motion to accept it. Okay. And then whether it passes or fails to I need a second. I'll I'll second. Second. This is a motion to accept the Finny property. Any other discussion? Although Huh. And that was the motion was by Tim, right?

Yes. All those in favor say I. All right. We're seconding, right? No. Oh, you're approving. You're you're approving that. You're approving this. I know it is. It is. It is. That's I thought we're going to do this again. All those in favor to approve to allowing this subdivision be developed. All those in favor say I. All those opposed say like sign. Opposed. Opposed. Opposed. So now we have to vote again. We have to vote again to acknowledge that we voted no. Yes. Okay. Do I hear a motion?

I make a motion that we acknowledge that we voted no. And we have to state also why we voted. The criteria. The criteria. And number one is the criteria is the variances shall not be granted to allow a use otherwise excluded from the particular district in which it's required and that is a 5 acre track. Okay.

And also that on March the 11th the 180day moratorum went into effect for stopping any kind of development in the well in the whole county in fact. Uh, and I guess people should have taken pause. I mean, it's like to me when that goes into effect, it's like buying a truck that has a recall on it or a motor recall. It would be like going out and buying a tripaa now with a 6.2 motor in it. You know that they're bad. Uh so that's but I think number two the variances shall not be granted to allow the use otherwise excluded in that particular district because in A1 it's supposed to be a 5 acre track.

Okay. Anything else? 108 is it 108 uh yes sir 108. Uh D two 10.8 And that was D2. And I think D3 actually is relevant as well. Okay. Does Tim want to make that in his motion? I'll make it two and three. Two and three. Okay. So, are y'all voting on all three? No, ma'am. No, ma'am. We got to vote on all three separately. Everything has to be three or three and four. Two and three.

Two and three. Do I hear a second on the motion to not grant the variance? My second. Seconded by Kendall. Have you done that? All those in favor of not approving the first Finny property on the agenda say I I. All those opposed. 13.08. 13.08. Yeah.

Now then we've got to do 13.07. Would you like to go through this again or No, sir. I want to say My dad owned all this property. Ma'am, if you don't mind, if you would come up. Well, I understand. But that way we got it on record. If you came two minutes, go ahead. My name is Colleen Folultz. Colleen Folultz. Okay.

All right. My dad owned this property for many, many years. Uh there's he had 10 children that he raised. We cleared that property. Uh we worked that property and we've had somebody farming it for my mom's been gone 32 years. And she turned it over. She give each of us those nine acres when before she died.

Okay. We're all old. I mean, we're old. We're dying off. One of us has died already. We need to do something with the property so that that it'll go on to our kids. Now, you're setting it up to where it's our property, but it's not ours. You're not letting us do it. It belongs to us. We worked hard for it. We should be able to sell it. And and when somebody buys nine acres, a couple buying nine acres, I don't know about y'all, but we have a hard time taking care of half acre and keeping it mowed and and somebody else coming in if they've got a job or kids keeping nine acres mowed or taken care of. You can't do that. If you split it up and you got five acres, what do what are we going to do with those other four acres? I mean, we could put they could put a house on five, but what are they going to do with the other four?

Understand?

Well, I I just think there should not be so much control that we can't do with our property what we want to do before we die. And it's just like it doesn't matter that it's ours. Y'all y'all are the ones directing what we can do with our stuff. I understand, Miss Fols. I I personally can relate so very well to everything you said. I'm the youngest of nine and I know what you're what you're dealing with and we'll be dealing with that sooner or later. However, we as an assembly have no option except to go by the laws and the resolutions that the county government has passed. So even in my heart and my mind, I'm with you all the way. The fact of the matter, I have to go by my directives. And I just want you to understand where we're at. We we don't have the latitude just to pick and choose and all. We're we're we got to go by the we've got to go by the rules whether we like them or not. and I just I just wanted to share them with you.

We're hoping that this is a new resolution and we're hoping to get it changed to where we can do stuff. Um, you know, anything that we do first time out, you got to you got to figure out the where it's wrong and right and make it right for the majority of the people. And I apologize, but we we are new in this resolution and I apologize. Well, just be aware when when we start dying off and y'all done this to us. Y'all have done it to us. Okay. Thank you, Miss. Thank you.

Anybody else on this? You have a You want to come up and speak? Well, if you want to or if you can state your name.

Um Sharon Lynch and I'm here about the variance um because it will affect all of us in the future and ma'am I'm sorry for your loss. I do I am an inheritor of my parents property. I lost both my parents and I gained five acres and my dad made a promise me and my brothers because we also lost my sister the youngest the baby. So you're not guaranteed tomorrow for one. I had to leave a meeting a commissioner meeting because I was taking care of another loved one that also passed. So when it all comes down to it, money in your pocket, it you can't take it with you when you go. I'd rather have my parents and my sister, but instead five acres is a lot to take care of, ma'am. I take care of it by myself. You can ask my neighbors. My parents also, they moved from Nashville. I grew up in the city. I've I lived in Murphy'sboro. I've lived in four and a half hours away in another city. I moved away like this gentleman here. It took me two years to decide to move down here. And the reason I moved down here is because of the wide open lake, wide open land. I agree with this gentleman. We don't want houses there. I just seen on Facebook. Somebody was asking, "Oh, can you not shoot in the county anymore? You're talking about people's rights and property. You're stripping away the rights of the people that live there right now. So, I mean, you can't have your cake and eat it, too. And ma'am, we're not telling you you can't sell three of these acres. You can sell them. This gentleman apparently has bought some bought some property off the land. You just won't get that top dollar that all these realators and developers and all these people, this money's in their pocket. You may not get top dollar, but ma'am, you can't take it with you when you go. So royal royal needs to stay

royal. If they want different properties made up, move to the city or move to the outskirts of the sky. Just keep royal royal. Thank you.

Anyone else want to speak on this on the fine? Okay. Try to keep it under two minutes.

I'll keep it under two minutes. Name's Mike Bryan. Uh we have been uh Sean Jones and I have been involved with A1 Rural Development uh for the last since January. Uh this particular case, I'm not I understand what they're trying to do, but if you take three lots together and you divide them up, even though they're separate right now, Mr. North cut did say they're together. That becomes a major subdivision. Uh it's five houses or more. Even though it don't have an interior road, it does it would become a major subdivision. And that would the in the gist of the planning commission and what they were trying to do when they passed the 5 acre minimum lot sizes in the A1 area. That would totally go against it by granting a variance on this or any other that is currently five acre. You know, if you got six acre track, etc. I just wanted to kind of I know they got the the heirs inherited three separate tracks, but if they're trying to get three variances together that that becomes one track

and so in my opinion that becomes a major subdivision. Thank you. Thank you. Thank you.

Anyone else? get somebody to represent the rest of them going on all night. Yeah. And uh I don't think you'll have anybody else. I don't think so. Go ahead. Sean Jones. Like Mike said, me and him have been fighting this all year long. Sean, the last name was

Jones. J O N S. And you know, I have a note here listing all the requirements for the variance that you read off while ago. So, I'm not going to go over that. One thing that I did notice is I have a paper here for the application if you file for a variance. And from what I have seen of the paperwork that has been turned in for these variances, none of it's completed. There was one variance that I have seen that all the paperwork was done, completed 100% the way it is supposed to be done, and that was the very first one for the setbacks. It clearly says here, "A sketch plan of your site include drives, parking spaces, primary and accessory structures." I've not seen a drawing on any of these for what if the variance is granted what they plan on doing. You know, Mr. Northcut said they have soil sent out. If it's been sent out since April, I think I'd wait a little bit longer and have my plans etched on what I plan on doing. As far as the land itself, I understand what y'all are referring to. you know, getting up in your age, you want to get rid of it. Me personally, as a farmer, combine it as one lot, talk to me. I mean, I'd gladly keep it a farm. I I can't pay what developers pay. I can't pay what these other people pay. But you said you work to clear this land. To me, that's your heart and soul and blood, sweat, and tears in that land.

As you go to my kids, the money, not the land. They don't live here. I I understand that. But that land is yours. Okay. Go ahead. But that's all I've got to say. You know, the paperwork's not completed correctly to me. So, thank you, Sean. Thanks.

Anyone else that has anything new to bring this That has not already been said.

If I want to do it the way the motion to to accept I'd have to do that. I make a motion to accept the second one which is that's 13.07. Yes. 13.07. Motion to approve by Tim. A second. I'll make a second. Any other discussion? All in favor say I. I. Oh, sorry. I'm Thank you. All opposed? No. No. That motion fails.

So now make a motion to accept the no vote. Right. Yes. And state your Okay. I make a motion to accept the no vote under the standard of D2 and three. Tim made the motion to not approve. Disapprove. Disapprove. You're going to have writers cramp. That was Tim. Tim. And we got a second on that yet.

Do y'all hear a second? Tim. Not I'll make a second. You make a second. All in favor of the not approving 13.07 say I. I. All those opposed. The second article passes or does not pass. Are you caught up? Yes. Okay, let's go ahead and disapprove that.

Yeah. Uh, variance request on parcel 13.06 faults. Do I hear them? Does anyone have any other comments?

I make the motion to accept. Okay, Tim makes the motion to accept it. Second. You'll second to accept. Any other discussion? All in favors to accept say I. All those don't. No. All right. Okay. And I make the motion that we accept the opposition due to the D2 and three.

Okay. Tim made the motion to not accept to disapprove. To disapprove. Do I hear a second? Make a second. All in favor to disapprove say I. I.

All those opposed. So 1306 1307 all three of them uh variance request 5 acre minimum for A1 Kathy Ridge Road Hodgej. Do we have anybody here? And that should be in your packet. Yes. State your name.

John Hodgees. John Hodgees. Right. Okay. Yeah, we our house is falling down in the front of it's dilapitated. There ain't no foundation under there. And what's under there is washed out and it's falling down. And we bought a secondary home to put on there before y'all put this rule in there. I've sold 39 acres behind me. So, I had the money to buy that secondary home and then you all jump up and uh

made this new rule. It's in your package. I mean, I'll throw a match to that house. That's the way I feel.

I got 9.2 acres and we had Doyle Elkins cut off 4.2 to the house, leaving us five acres before this came into effect, giving us five acres to put the secondary house for me and my wife. Okay. U so was it divided before May the 12th or you called the surveyor on May the 12th?

It was probably It was way before May 12th that I it was in March that I called the surveyor. I don't know when he sent uh Cynthia said that he got the paperwork in two days late. So, you are you carving out five acres or less than five acres? I'm I don't even want to get rid of none of the 9.2. I just want my secondary home put up in there so I have a decent place to live. Yeah, but what what size lot are you wanting to put this second?

Well, since I'm going to have to divide it up, I was going to keep um the house on 4.2. two and have the um Why are you thinking you're going to have to divide this up? Oh, I see. I I I didn't want to divide it up. Everybody's been telling me I have to. Can he put another house on that driveway? A secondary home? Yeah, it's A1. Yeah, I believe he can put a secondary house on the same property on the same driveway, right? And your your property is 9.2 acres, please. that I've got that I had. So, you're not cutting it in half, correct? No.

So, it's 9.2. Yeah. Not 4.2. No. 9.2. I don't know where I got Well, is are you cutting the 9.2 in half? See that? Everybody's been saying that I have to cut it in half if I'm going to put that uh trailer there to live in. And I don't see no reason why because it's just me and my wife doing that. He can do two houses on the driveway. You can do that right there at mine. Yeah. I think you need to go back and see Kurt. I don't know. Kurt, he is in the planning commission right over there. Yeah. The codes in the codes. I think you can drop in there and drop another trailer in there on that drive. You only have one home on the driveway, correct? Right.

Okay. You should be able to put the second home on the driveway. The county allows two houses on one driveway. That's it. Well, then you shouldn't have to cut your property up, right? So, I don't So, on that, right? As far as I know. Okay. This Yeah, this is your house right up here. It's white because I live I don't live far from you. I go down that road. This is your home right now. You built the barn over here. That barn? Oh, it's a shed. Okay. But you go up in here. Yes. Way back there. Some of this has been logged out. Yeah. So, you want to put the you want to put the other home right in here. Let me show you.

Here's your existing home. The regular road. Here is Kathy Ridge right here. Oh, okay. See right up in here? Okay. That light right there. I think that you need to go see him and not Have you already paid a surveyor? I paid the surveyor. No, no, no. I haven't paid him yet because Wow. Yeah. I'm wondering why you even have to have it surveyed. Well, well, one thing I'm seeing right there is maybe a setback if you're trying to put between the driveway and the Now, you may have to go further back. Oh, I I am going to go further back. You may have to be over here on this side instead of this side because And you can't go on that side because that goes down in the house. The gully. Yeah. Okay.

Okay. So, you're But I'm going to go I got plenty of room right in here. Okay. Okay. If you meet that now, this belongs to TVA right here on the shot line. I bet. Yeah, I bet. So, I bet that's TVA because that drops down to the lake and they took all that property. It's uh uh No, just belongs to the county. What are you going to do with the with the existing structure that you're trying to? I'm gonna eventually work on it and fix it up, but that' probably be years from now before it's done. So So you're not you're not selling the property. You're not subdividing it. No,

you're you're not you're just wanting to put a secondary home in there on the wrong path. Yes. I I think you need to come to see the coach department tomorrow, see Kurt. Show him what you're doing and it will be two homes on one driveway. That's the max. Now, the only thing there's plenty of room. We already natured everything. I understand that. But your property line Yeah, we already You'll have to be 50 foot off the setback. Yeah. We're way past that. He would come look at that. Yeah. Yeah. Okay. I would for anything that if he was to have to come back to this Yeah. he needs to void his

$200. Yeah. Who who who directed you to come to this committee? Did somebody out in the public tell you that or him? Kurt told you that? Cynthia. Cindy. Cindy. Cindy. Okay. Okay. Well, we understand I think. Yeah. Yeah. I think we have a misunderstanding on this one. I will make the motion on this one to hold it and table it. And if he table it and if he has to come back before us, wave his $200 fee because I don't think that he needed to come before us at all because he's just adding an existing. Your motion is to hold or table. Yes, sir. Yes.

Really, I need to table it to next meeting or or to two meetings from now till we find out if he's been successful. Yes. and his endeavor to get it put on that drive. How would I know when I'm gonna get a building permit so I can go ahead and have them bring that in? I would talk to you. Kurt Kurt Gray. Don't talk to Cindy. Call Kurt Gray. I wish I had an extra. You got an extra piece there. Well, I'm gonna write his name down and I'm gonna call her tomorrow. Okay. Does she have your phone? Your phone number is the 952.

Yeah. Okay, I'm gonna call her tomorrow. I will call you back. My name's Tim. I think you can put that in there and you don't have to do anything else. But and if you do have to come back, you don't have to pay the $200 if I get a second. I've already paid. I know that. But if you have to come back again, you will not have to pay us. We're going to table that right now. Second. Make a second. Okay. We got a second to table it. Uh the variance request we will be tabled. Do I all in favor say I? I. All opposed. I'll call you tomorrow, sir.

Thank you. Thank you. Variance request for Dean Shop Road. Heal. Okay. John Hodgej. Yes. And if you need help, I'll if I can just get him to tell me that we won't have to do all this. March Friday. Okay. Dean shop there again. Nicholas North Cotton. I spoke to the next7. This one. Yes. I wondered that. Yeah.

When I was looking at I thought the same thing probably the one next to it. Yeah. So um you know there again this was a similar situation where it was their desire to split the rear of their property off which would result in a tract of land less than five acres up at the road. Um you know I mean it would result in two lots less than five because the whole lot is less than five. Um there again, you know, he began his process before that um before that code was changed and it is his desire to be able to continue to do that.

Any other questions? Yeah, on here it says he contacted you on March the 28th. What does that mean? That was when we were commissioned and then um you know the work was began in May, the beginning of May. May the day. Okay, that's correct. But on March the 11th, there was a 180day moratorum put out. Did anybody tell them that? I did not receive that information. Okay. And I had no idea. Okay. There again that was mainly for major divisions that was being discussed.

Well, the way everybody beat up on us on Facebook, it was the whole county and I I'll leave it at that. I think a lot of people were misinformed when all this was going on. Um, and I hate that. It goes back underneath that uh not self-created or economic under the variance test. Uh well, I guess it was a little confusing because when they passed the rule, they said that the pathway to divide less was going to be through either reszoning or variances. and we brought property to the planning commission that met all of the requirements, but they denied the reasonzoning. So, we're also trying the variance, which was said to us to be a pathway to divide less, yet we're getting rejected.

What we learned in our training is variances are are the strictest thing that we can do. test granting a variance. The lithmus test for those is narrow. Yes, I hate that. They kind of didn't sell it that way. I I understand. But this is what we are told by our attorneys that we are taught by um and the reason we have these training sessions is to learn this. This is what we talked about for six or four hours, wasn't it?

Yes. Uh we we literally discussed every option on this to try to figure it out and there was not a good option. And we had explained that during previous planning commission meetings and commission meetings that the variances didn't apply like that. Yet they still purported to say that that was going to be a pathway. I do understand here we are it's not. I do understand that. And you know this is going to take some minor adjusting.

Uh I think with some adjustments can be made but that will have to be done by the lawyers and we did request some guidance. Yes. Because that was one thing we've had. We don't have like on RS1 you know there's special exceptions in the RS1 resolution. Right. conditional uses. Yes, we don't have that in this in A1, right? There's no Yes. No special exceptions or conditional uses like that. The special exceptions was like the duplexes, but uh those were in there. Residential is the I think it starts with agricultural and then residential is the second thing on the list, I think, isn't it?

Yeah, RS1. Well, not an RS1. I mean an A1, but it's not under the under special exceptions. Gotcha. Or variances that we can grant. You see what I'm saying? Yeah, I see what you're saying. So that's where we're handcuffed a little bit right now. And when we make a decision, it needs to be in writing in here. I hate to say that. It needs to be in writing to back everybody up to make sure it's legal.

And and the main thing we don't want to do is create a new new piece of land that is wrong. and then they can't use it for what they want to use it for. We need to do it right to begin with at the start and we are trying to get that right. We are diligently trying to get that right and um I hope it it just takes time. It it takes time. It don't happen overnight. And uh patience is the hardest thing to hardest virtue to have. But we are we are trying.

Do y'all have any other questions? I don't. So you going to make a flag? Well, he wants to make a flag out of that basically. Essentially. Yes, sir. Okay. Yeah. His dad lives on the front of that. and we were going to develop the back for our personal home and it's clear it's not being used for agricultural purposes. No. Yet it's caught in the crossfire. Yes. Here again. Does that driveway? Support that. Will you be cutting a new driveway on that?

Or could he? Could he be using two? Well, he can't just extend it. I don't think so because you have to have more acreage put more residents on the same lot. This driveway here, does it come off the side of the house or is it it comes a lot line just showing wrong on the imagery driveway on the top side right there? Yeah. Okay. Does it go to that house right here? That's No, that's a separate property. There's a You see that green part of the roof there? Yes. There's a The driveway comes in the right side, right? Sir, who are you? So, we can fit it in a minute.

Okay. So, driveway comes in right here and then you can run it all the way down the length of the property that way. Or we've got one that comes in here. What are them other buildings? Just shop. One of the shop. There's a couple old we use for storage. Those are private private lanes, roads that you're that you just indicated. There are personal driveways. Um, now I think TVA's got a rideway on this top side. So, they're just driveways.

Ain't there a test? Why would he? It does have to be. Well, if they put an easement, but if it's on agricultural land, are you the sole heir to that property? Yes. You're the only child. Well, I'm not the only child. I bought it. Okay. So, you own the property? Yes. And dad lives up front. Yeah. He's got a lifetime estate stay and built my house. I was going to have to find You guys have records? Finance it. I got to have ground.

Record. You guys have records? I swear I think you can drive a driveway back here and it be two houses on one drive, but I may be wrong. I think it has to be on the Tim have to be owned in fe simple so that he could put a 50ft ement on the foot. I think this would only be accessed by Yeah, it's from a viewer. Nick, I will replace the site plans and stuff on this because we don't have a lot. That's why we're asking some good questions. I can uh I can So that's why the other guy didn't meet it either then. I messed up with him then. Okay. So that's something I learned tonight then. Yes,

he can come. I will tell them that he needs to come back. It needs to be 15 acres. Yeah. To have two gra. All right. So this be 15 then. Okay. So we'll have to have Mr. Hodgej come back, but he won't have to pay. Yes. Because he only had nine acres. Correct. Yes. Maybe that's why the exemption they that's why she sent them to us. I didn't know that. I wish they would come. We need to have somebody here from there. Even if we have to pay old time, that would explain why the Okay.

So that's a TVA rightway down the left side too. That's going to create more problems. I think TVA is on the north. Is it up top? Hold the top where you see the high tensil lines. Okay. High voltage lines. I think he mentioned there was an ement down the left side to get there or something maybe. Well, he was just saying you put your driveway up that side. You can't do that anyway because it's not 15 acres. Pull out an ement. You have to have an ement. If it was 15 acres and you weren't dividing it, then you wouldn't do you have any guidance from that? I'm trying.

So you could come in from the leads to the shop. here and the driveway here. And the driveway doesn't matter on that property. Sure. You can have a driveway coming across other property, but you just have to have the

direct easement to the road. Um, my thing is about this property is I guess I mean there's clearly other houses there that are kind of similar, you know, just if he meets the building requirements and he's got an ement to get You want to pass it, but you don't have I know. I know. This meets the spirit and intent of what they're trying to do.

Yes. But legally, right? Well, this this meets the spirit and intent of what the commission voted on and what the planning commission set out, but they just haven't give us a path to do it. And then everybody's hanging out in limbo. We understand, trust me. Well, there won't be anything determined in October because I don't think anything's been sent forth from the planning commission. So nothing that's five. Have you been brewing anything in?

No. You mean the August meeting? No, there won't be an August meeting for the whole county commission. Meetings in October. Somehow we got off on the calendar. Okay. So you won't have one September. No. Only thing I can think of is would the would the conditional approval apply to that or not where it would be? hardship

single family use hardship uh it's you know got you know if they can if TAC approves the septic and all that and it means the rest of the thing you know the family hardship to with conditional use of single family use that's a possibility Well, the variance test, the first thing they put up there is unique hardship, right? And that came from a lawyer. And it is a unique hardship. So, you will be the sole owner of the piece of property. Yes, sir. Okay. Nobody else will inherit any piece of it.

No. Not unless it's my kid after I'm dead. Okay. But after dad passes, it becomes your property. Okay. It is his prop. It is your property. Yeah. And you've granted dad a lifetime lease or something on Okay. So, technically it's already your property. Dad's up front with a lifetime lease until Okay. Yeah.

I will make the motion to accept it under the conditions that the ground meets. Is there city water there? I have I have access to not there yet, but I plan on when I start building. Okay. Have you had the ground perk tested back there? No. Okay. I wasn't sure. I'm new to this. I'm not sure what else to do. Me, too. Or can I hold new territory? Learn it as I go. And I don't know if I can put conditions on it or not, but I would like to. Uh if the ground does not perk test, if you can't put septic back there, then the variance goes away.

Can I do that? So under the hardship and that our lawyer says that under hardship and you were under a hardship. This is your property. Dad lives up front. You've been good to your father. Let him live there. That the ground perks, you have city water and you meet all the codes necessary to build your home. That's my motion. Make a motion to approve. Second. That is a That is a motion. You done good tonight. The motion motion's been made by Tim and seconded by Anna. Is there any other discussion? No

question. Proceed to vote. Uh all in favor say I. I. Those opposed? None. Seeing none, this 5517 shop road passes with the conditional conditional use. Yep. It's 477. I know all the paper. Okay. So, so it's 477 Dean Shop Road. We We need to get that correct. So, give me just one second. 477 Dean Shop Road instead of Got it right there. Okay. Okay. Yes. Yeah, I think on these they had put 57 557. Yours is correct. Okay. This one is the property address. That's correct. Yeah.

Okay. Yeah.

All right. Moving on to variance request 5 acre minimum 460 G road Thorp. Just going to hang out up here. Um, okay. So, there again, Nicholas Northcut. I'm representing Mr. Thorp. Um so he's in the same boat that these other folks have been in in that when he began his lengthy process, it was way prior to uh you know even the moratorum being brought up. Um they purchased this property as investment property at auction and they closed on it on January the 8th with the intention of remodeling the house and carving the back off to be able to build another house back there. This has actually been done. Uh the tax map doesn't reflect it, I don't think, but the lot next door was divided similar to that as I understand.

Lot right here. No, to the east. East. Um now he contacted the soil scientist uh back on February 27th is when he started his soils work. And to give you a little and I do actually have Let me grab you a pl I may have plat here and didn't know it.

Here is what he is. He is trying to do this is his right here. No, it's with a house on it in the barn. Yes, sir. groceries on those. Okay.

So there again, he started his soils work in February and we had actually submitted this to codes for approval on May the second, you know, prior to the passing of the rule and um it was just a matter that you know he didn't have his application in at that point. But our work was actually done at the beginning of May on this project. So the if you look on there he has uh paid Andy Gallagher a soil scientist and they have found um they had found soils right in this area and his intention was to put a house back here in the back and have that as the soils area. The existing house has existing field lines up at the front of the driveway there.

What's the width of the lot back there? Sir, what's the width of the lot back there? 2011 or I may not be read but just to put into perspective

um you know what what um you know what Mr. Thorp is dealing with here. He has invested and this is public. I don't you know I can tell you because it's going to be on the tax card. But when he purchased this property in January and the rules had been the same that they had been for 20 years, he purchased this property for $35,000. And he has since put over $200,000 in renovations to the home. So the money that y'all are talking about playing with with this gentleman is a half a million dollars that this gentleman has in this property. And um and there again when he started this process there was an even playing field and an even set of rules that if you can show that you can meet the requirements and you meet septic and you can meet all of those approvals that you are able to divide and that is the process that he started uh in March. Now, it took forever to get the soils back and then we've submitted the soils to tack and TK has been sitting on his plat for over a month of just sitting there. Uh, and on another unfortunate turn of events, uh, the soil scientist who did this work is no longer in commission. and he's been diagnosed with lung uh stage 4 lung cancer and he is no longer able to be contacted or any else. So um that just goes to show um you know there there's basically three guys that we use for soils the closest three people to around here and one of them is in Jasper and the other one's in Fagetville. this gentleman that is uh now got the lung cancer. He was from Normandy. It

was Andy Gallagher. But that just goes to show what people have to deal with with soils and how far and how sparse soil scientists are and how long you have to wait on this stuff. So there again, Mr. um you know, Mr. Thorp has a $300,000 initial investment that was made when the rules were what the rules were. And it wasn't until months later that it changed. And I feel like that is um I think that's hardship. I think that's a proven hardship. Yes, sir. Will it be for somebody in your family or are you planning on selling it or I plan on selling? Okay.

How will they get to it? There's a 50 foot eastment from G Road. Okay. Well, it's a ride. It's a right side right here. Along this side. Yes. And you bought the property when? I wanted an auction in December, but I closed on January.

And how big of a house are you wanting to build back there? Will it meet the setbacks? 2500. Will it meet the 2500 50? I want a minimum of 2500. But I might do bigger because the one beside me with the guest house and everything is 3,300 square ft. I understand that. But will you meet the 50 foot because that lot gets narrow in the back. Question probably 100 foot wide house. Yeah, it's 200 Yeah, he could do 100 foot house. Go up.

Yeah, it could go up and and there again to his point match the character of the other houses close to there. Yes. Are you planning to live there for I mean just asking but I I do school buses there. No,

but I know she's the one that owned all that and she was very pleased with everything. And they actually kept

the uh original acreage was something over five five acres four point of of this track you mean? Yes. Yes sir. It was it was actually under five acres and that was sold in January or December. Bought it in December 83. Sorry. No, sorry. The original track was over. Yes. 523 out.

And we're wanting to cut down to 2.83 and 2.39. Yes, sir. I think that's right. Yeah, that ought to be sufficient area. Yeah, for the sake. Did he contact you? Just asking March, y'all already been in contact about splitting it. Yes. Yes. It was the 21st of March when we first contacted Yes. The on February 27th we had contacted him. So you'd made moves to split it

before before the moratorum went in. Yeah. Is there city water there? So if you if you expand it out, the water is on the 63. That's where I have to take water from. Okay. So you'll pay to put it in. Yes. Okay. You'll pay. Is that uh West Warren out there? No, that's Hillsville. Is that Hillsville out there? I'm guessing. Okay. So you'll pay Hillsville to bring city water to both houses. Yes. Okay. And I wonder about

we don't have firefl and it's similar in size. There's two lots actually on

well it doesn't under the variance test to me it's a unique hardship it was not self-created he didn't create this by he didn't he didn't create it he bought this he already started talking to the if he talked to the soil people in February which was before the March moratorum of talk started he was already in the process this and if this other one the 604 has already been divided says divided twice. Okay. So it's not who owns this. Okay. They own that but they subdivided their farm out under no restrictions knowing that it could be cut up. This one's been cut into two properties already.

Okay. I I've made the motion that we accept his under uh public comment. Yeah, we we do public comment here. Your motion stands, Tim. Well, I will when he has public comment. We're going to wait. Please come up. That's fine. That's fine. My name's Mike Bryan. Uh All right. I own the property down at the corner. No other corner, Tim. at the down here. Okay. Scroll out.

Yeah. See the farmland right there? I own that. I own the farm across the road. That me. I own this and this. Okay. And that up there and some across down the road. Quite a bit of land. Um, where we at? Back up here.

This is wet all through and and and I I appreciate Mr. Norut and I I hate it for the Thorps for spending money. But my understanding of zoning, as I've learned over the last six months, is that monetary consideration cannot be considered for zoning laws. And zoning laws were put in place to not control the land, but to limit and decide the proper and best use of the land. With that being as wet as it is, and I don't understand how 6.04 already had I went there the other day, they've got shot rock and they're putting in a 2 inch water line. If you allow variance on that 604, 603 all the way out to Bob's road. What about fireflow that become that's going to be like eight houses, 10 houses right there. I mean, yeah, it got divided up in different owners and and I'd love to if if somebody's going to build a nice house. I ain't necessarily against it, but I want to be real cautious on how wet it is, how narrow the roads are, and if we have fire protection. And and like I said, this probably done beforehand, so it probably should go through, but I just want to make sure that y'all are aware of how wet that is.

Yeah. And I appreciate and I appreciate y'all. I hope I hope the I appreciate y'all allowing us to talk and the work y'all do, but planning commission has put y'all in a bit of a predicament right now. Yes. And as far as as far as the wetness of the ground goes, as long as they get the septic as long as they get the septic tank in the It's not in a flood zone. Yeah, we have no perk. The perk will be their problem. And if he'd have put in for it in April, I'd be voting no. I know. And I'm not fighting necessarily against it. My concern is not against that one house. It's more Oh, no. Like 603 603. If they were to come now,

I can't do that because now it's set up and and and you know, and I know y'all are from I live in Rockville, so I farm down here. So understand when you build a house in A1, A1 rules apply that you're in farming areas, D noise, etc., etc. You may want to check on A1 zoning so that your home buyers understand they can't sue me or anybody else for farming. So I will say that because I live out that way and I have some people from New Hampshire who got mad about Dr. Hackett's uh feed lot. But but but I I I just going forward We all have other variance requests going down that way towards BM road. It does get wetter. Okay.

Yeah. The further down you go. But the two they're putting in a 2in water line right now that's coming around the curve. I drove through there today to look at before I came up. Hillsville. Hillsville. Yes, sir. Okay. All right. Thank you. I'm just trying to be fair because I I know when the you know the the others were there the others got cut off because they didn't act until after knowing that the moratorum was there. He bought in December and was closed in January and then started doing soil test in February before. And that's not fair to tell him or to me it's not. This is Tim Morris. It's not fair to tell him no. Uh when he started activating it before the moratorum went into effect. I agree.

So that's my motion is to accept that because of that reason. I don't know if that needs to go in the minutes or not. Well, I I think it will be because way you explained it. Okay. Um, and that way I'm not setting precedent to change anything else. I'm doing it because the gentleman and his wife started this uh way before the even the mortorium went into effect and knew about the easement, knew about the water restrictions and had the soil testing started even before uh the moratorum was even spoken about. Yes. So he had started it and would you second that? Yes. And we have completed documentation. Yes.

And we have Yeah, like you say, we have completed documentation which makes it separate from the others. Yes. Is there any other further discussion? All in favor of this say I. I. All opposed the Thor property on the correct address is 460 correct for the house. Yes. Okay. Uh it passes five to zero. Okay. Other anything else? Mr. Northcot, do you need the plat back? Yes, sir.

Thank you. Yes, sir. Um while we are in meeting form, I have been in discussion with uh Kurt and some of the planning commission to attempt to try to get the wording in minor subdivisions in the resolution 2525 or 2025 [Music] updated to get more specific to what how we can do this. And um hopefully they will get on on with it so that way we have more of a guideline specific rules that we can follow specific rules that this this goes into um Yes.

Okay. And is it your thinking that follow up with that and get it done? Yes, I am thinking that they will follow up in Yes. possibly. We have been asked to be at the next planning commission. If we choose to verify this, I plan to be there. If y'all want to come, please come and four o'clock. They moved it. Yeah. I know. I'll be on the bus. I promise you that. But um we moved it we moved it to five one time and then um it messed it up. Okay.

While me and Rodney were gone, they moved it back to four. So I showed up at five. Okay. Anything else? Figured it out. I think not. Motion to adjurnn. Second. Yes, sir. Please. Everybody turn your microphone off. Thank you very much. Thank you for your time.