Planning and Zoning - Regular Meeting

Of course, I turn Mr. Mark Crook. And I failed to mention my name, for those of you who don't know, I'm Canola Scott, the chair of the master planning and zoning. My first order of business tonight is to I'm required to read a few statements regarding the zoning process. If you have any questions, I will answer them once I finish. Zoning directly affects private property rights which includes the right of the property owner to enjoy this to the enjoyment of the use of their property and the right of adjacent owners and the general public not to be unreasonably harmed by Pacific land use. Tonight is the first of two public hearings. A second public hearing will be held before the board of commissions on anybody tell me that date.

February the second.

February the 2nd at 6:00 p.m. at this location. Attendance is not required, but your attendance is recommended. Order of business. As to the order of business tonight, I will introduce the applicant and then the zoning administrator will give her comments. Then the applicant will come forward, state their name and address and state their reason for their request. You may provide in information or documentation [clears throat] supporting the application. Next, the PNV commission will have the opportunity to ask the applicant questions. Next, I will open the floor for further comment. Ample time will be given to those that may want to speak for or in opposition of the reszone request. All comments will be addressed to the commission and not to each other. No personal attacks will be allowed. Next, the applicant will be given ample time to rebut any concerns expressed by other speakers. At this junction, no other comments will be allowed except by the board members. Then I will open a special session of the planning and zoning commission. Then I will ask for a motion to approve, deny, or approve with conditions. The recommendations will be presented on Monday night, February 2nd to the board of commissioners. Does any of the members of the planning and zoning need to recuse yourself from any request tonight? Hearing none, we will begin with our first request.

All right, we have Stacy Duffel and he is requesting to reszone his 7.35 acres from A2 to AR to bring the property into compliance with zoning regulations to allow an existing accessory dwelling unit to be continued to be lived in by his son. The property is located at 1206 Duffel Martin Road in Commer on map 93 parcel 17 in district 4. All right, Mr. Duff, please come and

Yes, sir. We're ready for you to tell us what you want, why you want it. Uh, well, I'm Stacy Double and I just trying to uh keep my son living up there in that double Y while I get in compliance with with y'all and everything else so I don't get booted. I don't get to boot. All right. Anything else? I don't reckon. Okay. Any planning is zoning? Commission have any questions for Mr. DLE? So this is an existing dwelling someone's living in permitted electrical and set.

No water been there since 1979. I couldn't I couldn't live with him five young. So I a little bit too many. When I drove drove up there was a mobile home. I guess it's behind that, right? Yes, ma'am. Okay. Um, and they call it a park. I just call it a shop. All that fancy name stuff. And how much living space is he living in right now? The home mobile home. Oh, okay. I thought it was split. No.

864 square feet. That's what I need more. Okay. That's for me. All right. Any further questions? Um, we were under the impression that your son was going to live in the barnaminiums or the shop because the stipulation is um the property owner has to live in the principal dwelling which is larger than that the accessory dwelling unit. And that's the stipulation for this. I didn't wish I was said when I come down there and got that permit.

Well, you had been file for this right here. I mean, you didn't. And Eddie Eddie says it would be fine if he lived there. I mean, I'm just saying what they said, you know. Yeah. But the stipulation is the property owner has to live in the principal dwelling which would be the mobile home because that has larger square footage than we're having to look at the shop as you put it as the accessory dwelling unit. It was found in violation. So we were trying to work with you on it. Let me ask question. How big is the bond the shop itself? Not not the part that you live in the whole the whole entire thing. How big?

30x 48. Sir, I've got the exact figure with a 18x 48 lean to addition on the side of

All right. So, the mobile home contains 1,344 square ft. And the shop that he's speaking of is 2400 square ft, but only 8 864 square ft is going to be used as living or is being used as living quarters. So that means the ADU is [clears throat] smaller than and the property owner has to live in the principal level which would be the larger structure of the month. That's the way the stipulations are. So is there 800 and some square feet? You have extra footage. Is there any expansion there or?

No. Well, you just told us there was something added on to it, too. If you count the shop and all, there's plenty. I mean, it's heated and cool. 2400 square ft. But well, I I I guess the way I understand the order says that the the owner has to live in the larger

dwelling. I guess the question for this group and will be for the commissioners. Do we count the just the living space or do we include the entire bondium which has plenty of space? I I guess we have to decide that because if you if you if if that's not the case, you will be in violation. Yeah, we were told the living quarters would be only 864 square ft.

So the rest of the footage, do you have access? Is there just a wall that is a door? Oh, just a door access door. So you have access to the other Yes, ma'am. So what is in that area? No, this is where I work on stuff. Shop around. Okay. The So you're living in one the eight and the shops in the back. It's it's my it's like this and living quarters is here. Shops here. Big part. What kind of shop is it? I can pull the dump truck in. work on it. Tractor, anything. Private?

Yes, ma'am. So, you have farming out there? Yes, ma'am. What kind of farm? Had cows. I just sold a whole bunch of them. Oh, okay. But I got a graing and I got equipment. So, any other questions for Tracy? I'm looking at uh 8512, I'm sorry, 8513. It says the owner of the property must occupy one of the dwellings, but I think you pointed me before somewhere. It says it the bigger one. I don't but I don't know where it is right now.

And I don't have my ordinance with me, Mike. Um it has I don't know where it is, but as long as I've been on the board, I I know that we've always said that the the uh owner has to live in the the larger dwelling, right? And yeah, I don't know where that is. He's got his book there. I'm I'm at my same place. I don't I don't see that particular.

Did I hear you say that the rest of the It's your office, right? It's not a shop. That's your office. Office. That's your office then. And it's heated and cool. Yes, sir. All right. Any further questions for Mr. Double? All right. Hearing none. Thank you, Mr. Thank you, sir. I need to stick around. We got Yes, sir. Yes, sir. You need you need to get back. We're only just getting started here. All right. All right. I will

can I ask something? It says the principal dwelling the ADU is to occupy mostly single family detached dwelling for individual manufacturing home. [clears throat]

What are you saying by that? Okay. While while we're continuing to look, if I will close the discussion at this point and open the public hearing. Is there anyone in the audience that wants to speak in favor of this reason request? Anyone wants to speak in favor other than the applicant? And you've already spoken. Hearing none. Is there anyone speaking opposition to this particular res request hearing? None. We'll close the public hearing. I'll bring it back for the board for any further discussion. And I will entertain a motion to approve, deny, or approve with conditions. at this point. Any further discussion? No discussion. I will entertain a motion.

Mr. Chair, can I make a motion to approve as presented? We have a motion to approve this as presented. Second. We have a second. discussion. All right. Uh Cynthia, yes. Yes. Yes. Yes. All right. We have a 4 to1 uh decision to approve with this. We are a recommending board only. This will be presented to the board of commissioners. Yes. That we recommend approval.

Yes. uh on February the 2nd, they will hold another public hearing. You don't have to be here, but I suggest that you do because they may have for more questions that we do. Yes, sir. All right. That being said, we'll move on to number two, Patrick.

Okay. Um Haley Kerry, applicant for her uncle Michael Kerry, is requesting to res 5acre portion of the 63.91 acres from A1 to AR to split and get his needs for a home site. The remaining acreage will remain in the A1 zone. property [clears throat] is located at 3802 Highway 174 in Danielsville on map 49 partial 22 in district 4.

Yes, sir. The floor is yours. [laughter] All right. Um I'm Haley Kerry. I would like five acres of my uncle's property to use for a Okay. Anything else? Yes, sir. All right. Board members, you have any questions or for the car? Is it usable at the store?

That's right. Any further questions, comment. All right. Thank you. All right. At this point, we will open the public hearing. Is there anyone here wants to speak for this particular reason request? Hearing I I'm not for or against it. I'm not sure. [clears throat] But please come please come forward. Sure. Tell us your name and

Sure. Maybe you'll find and tell your name. I'm Pamela Tetu. Um my husband Joseph and I I think we have that little uh corner triangle piece fight. And I just wondered the placement of the house and the driveway where that would be. This is I think this is ours. So her house will be here.

It'll be inside that box. Yes, ma'am. And her driveway will come off the board 74. Okay, that answers all my questions. All right. Excellent. Okay. All right. Anyone else want to speak uh for this reason request? Anyone want to speak in opposition? Anyone want to speak in opposition? Hearing none, we'll close the public hearing. We'll bring it back for the board for any discussion. And I'll entertain a motion. I'll make a motion. Have a motion we can to approve. Second.

Have a second. Any questions or comment? All right. Ken. Yes. Yes. Yes. Yes. All right. Uh, it has been approved by this board. We will make that recommendation to the board of commissioners that this be approved on February the 2nd. All right. number three. Okay. Um, Mr. Chairman, we had decided we would take agenda items three and four up as one vote since they are contingent upon each other. So, I'll just read both. Okay.

Um, applications. Gary Harvin, applicant for Renee McCannon, is requesting to resone her 10.62 62 acres from A2 to AR to allow a 3.127 acre split to be combined with her son's adjoining property which is map 66 parcel 55 for a total of 4 acres. She will retain the remaining 7.433 acres. The property is located at 527 Fowler Freeman Road in Danielsville on map 66 parcel 54 in district 4. The next one is Gary Harvin, applicant for Andrew McCannon, is requesting a resone his 873 acres from A2 to AR to allow a 3.127 acre portion to be combined with his par property for a total of 4 acres. The 3.127 acre portion will be split from his mother's adjoining property which is tax map 66 parcel 54. Property is located at 469 Tyler Freeman Road in Danielsville on map 66 partial 55 in district 4.

I think Tracy said a lot. I don't explain that to you, but uh Andrew McCannon has this parcel here which is a non-conforming A1 the 873. Uh his mother has given him 3.127 to be combined for a 4acre track. She'll keep the remaining seven and a half plus or minus. So um we tried to do some of this during the moratorum. It didn't work out back then, but trying to get it cleaned up out. All right. Anybody got any questions for Mr. Harvard?

[clears throat] hearing none. Thank you, sir. Thank you. All right, we will open the public hearing for items three and four. Is there anyone here that wants to speak for this redrawn request? Hearing none, is there anyone wants to speak in opposition? Hearing none, we'll close the public hearing and I'll bring it back to the board for any further discussion. Uh, and I will entertain a motion.

I'll make a motion to approve three and four as requested. All right, we have a motion to approve three or four as requested. Do I second? I'll second. Have a second. Any further discussion? All right, Lee. Yes. Yes. Yes.

All right. Zero vote. And this will be presented to the board of commissioners on February 2nd. Uh don't have to be here, but I recommend that you do. All right. to go to uh item two, discussion of private cemetery request for Benjamin Hanley Jr.

Okay. Um Benjamin Hanley Jr. is requesting to develop a private cemetery on his 28.344 acre 81 zone property that is located at 9896 Nowhere Road in Hull on map 28 parallel 18B in district one. Um, in looking at the proposed site plan, it does meet all the the requirements for the private cemetery. And, uh, you know, at our business meeting, we were stating that this would be possibly denied, grounds for being denied if a deed transferring the property out of the trust to the property owner's name wasn't done. And I did receive that today from Mr. Al's phone. I did place a copy on each of your uh trades and um so as far as that goes, he's met all the requirements.

All right. [clears throat] Yes. Grandfather passed down the property to me and he's been on that property for almost 80 years. and one of his last wishes is he's wanting we're just called in hospice today and uh he wants to be buried on the property. So that's why we're pushing for this trying to set up our private cemetery for the Hley family. All right, sir. Any questions for Mr. Hley?

Thanks, sir. Thank you. All right, we'll open up public hearing. Is there anyone wants to speak in favor? Hearing none. Does anyone want anyone wants to speak in opposition? Hearing none, we will close the public hearing and bring it back before the board and obtain a motion. I have a question.

All right. Um, so just to be sure, let me understand Tracy, this has been put back to the original intent where the cemetery will just be a documented item on the overall parcel. It's not a parcel all its own with its own deed. Is that right? But I was told by property valuation that they'll still for tax record show it. It's separate because it'll be exempt from taxes. But for zoning matters, it won't. That's how the zoning out varies from the tax amount.

So it will or will not be its own portion. It will be. Oh, for tax purposes, it will be Yeah, that's common. But there are some things the tax assessors do have to do that because of you know add tax laws that do not create lots of record and this is one of them and the plan doesn't show that as a separate as a separate parcel anyway. So I think it's fine. So we're not we're not creating a non-conforming parcel correct like yeah that's right. Any further questions or comments?

Oh, that's already done. Oh, is that that H? Yes, ma'am. Oh, I wonder why. Okay, that's any further comments or questions? Not entire motion. I make a motion we approve this request. Second. A motion. Any second to approve this request? All right, Mr. F. Yes. Yep. Yes. Yes.

All right. Uh, this request has been approved by this board. Again, we're recommending board only and this will be presented to the board commissioners on February the 2nd. Yes, sir. Okay. Anything else that needs to come before us tonight? May I come before the board? Yes. I know this was a big topic of discussion while I got Mr. Pro here. I just want to ask a question. We never intended for that to be conveyed as a parcel and somehow we got mapped as a parcel. Is that what's happened? That's what happened. We never It was always supposed to be met with the property, but you're saying the tax assessment.

No. Well, it actually got deeded. Okay. So, the the lawyer used just he used reference to the plat and and deed it to us to the cemetery trust, but of course that we don't have an exemption from minimum life size cemetery. So, it had to be deed back to the owner of the surrounding strictly because they went to the trust. Exactly. That's right. Yeah. I I I saw it was not a separate parcel. Yeah. I just want to know in for the future when we have to do something like that what to do with it because like I say, normally we it would always remain with the parent parcel. Exactly. Right. Thank you. I have this. Okay.

Okay. I know we made our decision already, but I don't know if it might bear for the commissioners, but what Tracy was saying, I didn't find it in 7.3.1.3 accessory building allowed with a resident as the principal structure. Oh, that's an accessory building. That's different. So, that's not the because they're interchangeable. people are using accessory dwelling. Well, an accessory dwelling would meet uh uh a residential building code.

An accessory building. I don't we can look further a definition, but I would think that's but I think that's okay. Anyway, we have we will present to the board commissioners in their hands. I do have one announcement like I guess the for anyone in the audience uh anybody that knows about this board we're one member short right now that's in district five you know of anybody that's interested please ask them to contact the commissioner district five commissioner

where is that at that is district five I don't know where I said again this Derek Dosters's district's district which is still area. Okay. I'm asking why that's my district. Okay. That's that's that's something under discussion at this point. Oh yeah. Yeah. You were you were grandfathered in when we went to a smaller number of members

that that has been brought to the board's attention. That is under discussion at this point. But uh as far as I've been told, as of right now, as of right now, the opening still is in district five. Now, that may change because I have brought that to narration. So, we'll see. Anything else? Got a motion to adjourn. Make a motion. All right, we are reserved. Thank you all for coming.