Planning and Zoning - Regular Meeting

ready. I don't know where to go. Perfect. All right. They're ready. Good afternoon, ladies and gentlemen. Like to call this public hearing to order tonight. I'd like to welcome all of you. This is our second meeting of the month. First meeting we have a business meeting and this is the public hearing where the applicants against to present their case. Those that are for or against uh

are able to speak. Uh before we get started as usual would you please stand with me for a word of prayer. Would you please gracious father to come here oh Lord County business oh Lord be with us all and guide us and walk with us tonight as we do this business tonight keep us safe and honor us in every which way give us the peace that we need in your holy name we pray. Amen. Amen.

Again I'd like to thank all of you for showing up tonight. Generally we don't have this many people but uh that is the right of the people of the county to come and to express their opinion on what's going on. The first order of business tonight is for I'm required to read uh statement and I would ask that you listen very carefully. As a first order of business, I'm required to read a few statements regarding the zoning process. If you have questions, I will address them once I finish. Zoning directly affects private property rights which include the right of the property owner to to the enjoyment of the use of that 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 hearing will be held before the board of commissioners on May the 5th, May the 4th, I'm sorry, at 6 PM in this very room.

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, address, and state their reasons for the request. You may provide information or documentation supporting the application. Next, the planning and zoning commission will have the opportunity to ask the applicants questions.

Next, I will open the floor for public comment. Ample time will be given to those that may want to speak for or in opposition of the reason request. All comments will be addressed to the commission and not to others in attendance. No personal attacks will be allowed. Next, the applicant will be allowed 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 this special session of the planning and zoning commission and I will ask for a motion to approve to deny or approve with conditions. The recommendations will be presented Monday night, May the 4th to the board of commissioners. The planning and zoning commission

is a recommending board only. We will recommend to the board of commissioners to approve, deny or approve of conditions, but the final say will be with the board of commission. Does any member of the planning zone need to recuse themselves from any request tonight? Mr. Chairman, request to be recused on number 10. Okay. Lee is requesting to be recused on number 10.

May I ask why Mr. Kat's association board as officers be removed from that? All right. Anyone else need to recuse themselves from any other

business tonight? Any questions from the audience? If not, we will begin with our first request. Okay. I'm sorry. One other order of business. I'd like for the board members to introduce themselves and tell who they represent. Good evening, Cynthia. Forson, District 5, Jeff Bradley, vice chair in district 1. Lee Mitchell, District 2, William Smith, District 4, Tracy Patrick, zoning administrator,

Mike, county attorney. And we do have an opening for uh district three. Um, that's not filled yet. All right. Michael Waters asks for Legacy Baptist Church. Mr. Practice is requesting to resone a 2.167 acre portion of the church's 6.62 acres from A1 to R1 to allow it to be split out and sold into resone the remaining 4.453 453 acres from A1 to AR to bring the property into compliance with zing regulations. Property is located at 1850 Helican Springs Road in Hall on Mount 182-02 in district 1.

All right, Mr. Warner.

Yes, sir. Please tell us what you want us to know. Well, the when we purchased the property back in uh 2020, uh we had plans for this particular parcel of the property. They included the pine trees that were standing there. Uh over the course of course of the first couple of years that we own the property, those particular trees developed some type of blight or parasite or something and we were losing seven, eight trees a year. So, we ended up taking out all the trees and because that property no longer serves the use that we had for it, uh, the leadership team of Legacy Baptist Church decided to look into the possibility of selling that property. And um when we had the property surveyed and the surveyor came to record the deed, they were we he was told that uh the that because of the the acreage of that property, it no longer fit into proper zoning requirements. So that's why we're here to have the property reszoned in case in the future down the line uh the church congregation should decide that they wish to sell that property.

All right, sir. any members of what would have any questions for Mr. Waters? I'm going to ask you if there was a particular use if you don't even have a buyer or interested in the property yet. Anyone else? If not, thank you, sir. Thank you, sir. Thank you. All right. At this point, I will open the public hearing. Is there anyone here that wants to speak for this reason request

in favor of this reason request? Hearing none. Is there anyone here who wants to speak in opposition to this reason request? Yes. Hearing none. We'll close the public hearing and I will bring it back uh to the board and I will entertain a motion. I make a motion we approve this reason request. We have a motion to approve. We have a second. Uh any comments or questions? If not. Yes. Yes. Yes.

Yes. All right. Mr. The this board will recommend to the board of commissioners. Uh that this request be approved as I stated before the commissioners have a final say and that will be on May 4th. Uh Jim Price,

Mr. Price is requesting the reo to 6.975 acres from A2 to 8 R to allow a second home to be placed on the property as an accessory dwelling unit for a family member. Property is located at 575 McCarti Dodge Road in Calbertt on 70, parcel 9B in district 5. It's price.

Yes, sir. Um, I ain't got much to say. It's just me and my wife are our age. We're probably going to leave this property to my son. So, we figured we'd go ahead and help him out and give him a place to live right now. That's all. I just wanted to get it done so I put a trail down there for him to live. All right, sir. Any questions for the board? Hearing none. Thanks, sir. All right. We will open the public hearing if anyone wants to speak in favor of this request.

Anyone want to speak in opposition hearing? None. We'll close the public hearing and I'll entertain a motion.

Pick up what we hear. Um, there was a discussion about

Let me see. your point. It is a private drive. Yes, it is a private drive. Um, and it dances in to that property. It's a shared drive. There's another house behind me and we help you. Is it how many properties served that? Just two. Just two. You and the other person.

Well, there's a house in front of me and a house behind me. But since this property is not being split, that doesn't really pertain to any further questions.

Does anyone want to speak in favor of this redrawn request? Anyone want to speak in opposition? I will entertain a motion. I'll make a motion to approve as request. I'll second a motion or second to approve as presented. Any further questions, comments? Kenneth. Yes. Yes. Yes. Yes. All right, Mr. Price. We will recommend the board of commissioners that this request be approved. Thank you, Daniel and Diane TR.

Yes. A requesting to reszone their 1.81 81 acres from A2 to A1 to combine with their adjoining A1 property that's parcel number 9 41 for a total of 57.5 acres for tax purposes. Property is located at 0 Drake Woods Road in Danielsville on mount 9 parallel 40 in district 2. All right. She just like she just said I just want to combine them two facts into one for purpose. All right. Any questions?

Thanks sir. All right. We will open the public hear. Anyone want to speak in favor? Anyone want to speak in opposition? Hearing none. I will entertain a motion. Make a motion to approve. A mot to approve. Second. Thank you. Any further comments or questions? Yes. Yes.

All right. This we will recommend to the board of commissioners that this will be approved. You don't have to be here, but I do recommend that all of you show up at the commission meeting. Number four, James requesting to resone his 13.45 acres from A1 to A2 to allow a second home to be placed on the property as an accessory dwelling unit for a family member. The property is located at 1025 Irving Kurt Road in Danielsville on Mount 53 Parallel 74 in District 2.

All right, Mr. Garner. Yeah, just going to try to build me a house up there. That's pretty much it. Any questions for the board? Thanks, sir. All right, we will open the public hearing if there anyone wants to speak in favor of this only question. Hearing none. Anyone want to speak in opposition? Hearing none, I will bring it back to the board and I'll entertain a motion. I'll make a motion to approve.

A motion by Kenneth, a second by second. Motion to approve. Any questions or comments? All right, Smith. Yes. Yes. Yes. Yes. All right. This we will recommend to the water commissioners uh for approval. Number five.

Okay. Melody Christian and applicant for Ernestine Cochran is requesting to resone a 4 acre portion of her 28.17 acres from A1 to AR to allow it to be flipped to gift her grandson and to resone the remaining 24.17 acres from A1 to A2 to bring the property into compliance with zoning regul Property is located at 2909 Highway 191 in Danielsville on map 79, parcel one in district 4.

All right. Good afternoon. My mother would like to give my son land for home. Very simple. Thank you very much. Any questions? Okay. Okay. Thank you. My grand.

All right. Uh, we're open the public hearings. Anyone wants to speak in favor of this res? Anyone want to speak in opposition? close the public hearing and bring it back before the board and entertain a motion. Chairman, I make a motion we approve as presented. I have a motion to approve. Second. Question or comment. Cynthia, I'll move this on you. Oh, yes. Yes.

All right. We will recommend to the board of commissioners that this request be approved. Kenneth

Kenneth Hong applicant for Richard and Carrie one is requesting and I would say these three items could possibly be taken up as one vote if or would you rather me read them separately and we do them as separate items. Would you have three applications? Would you like them all heard together? Yes, that would be make it easy if that's okay.

So, I will read all three applications. Um, Kenneth Holmes, applicant for Richard and Carrie Quan, is requesting to resone their 34.79 acres from A2 to A1 to be allowed to build four chick poultry houses on the property. Property is located at 0 Cherokee Road in Homer on map 103, parallel 11 East in district 4. And they are also requesting a varant to be allowed to build one poultry house that cannot meet the 300 foot setback requirement in two places on one of the side property lines with deficit amounts of 97.2 ft and 97.4t. And then their third request is to rebone their 28.49 49 acres from A2 to A1 to bring the property into compliance with regulations.

All right. Yes, sir. U this land put house like brea house. So uh and we like to ask you get the uh the zone changes. A2 to A1.

Okay. Now, the I know we just talked about taking all three of these up and as as one vote, but as I see it, as I see it, uh number eight, would be separate. Um you're buying both of these properties that are next door, right? Correct.

All 10. Yeah. Okay. And you're buying them all from that. Okay. Okay. So, it's all contingent on I would think so. I mean, um I guess the question would be, um would you want the uh the reszone and the variance on one property if the other property wasn't also reszoneed or does it all have to be a yes for you to be able to buy it? That was a yes. We all want future purpose and also the tax purpose also. Okay. So he won't just sell you the one piece of land without the other one next to it. Is that right? Okay. So it all has to be

are both are both parcels going to be joined together as one or two separate parts. As of right now we still live at two partial numbers. We're not join two separate parts. Yes. So could we then separate it? Well, you could, but um if you heal by here would be my I don't think so. So So the own as I understand it and Tracy has explained this to us last meeting. I think um the current owner is only willing to sell them together.

So it's not going to do Mr. all and good to have one reszone with the variance but the other one not reszoneed because he can't buy either one. Correct. Okay. I have Let me ask question one question. I mean on eight dad isn't looking for right that's just looking for a reason. Correct. Correct. So, what we're asking you if he wants to film as a group, would you buy them as a group? If no, if

would you buy them? They're going to be separate uh property. They're not going to be joined together. So, the variance is what depends on them, right? Why don't you just get six and seven together and eight separately? Okay, we can we can do that. But I I have a question about bird. Yeah. Explain to me why you going for B. Yes. Because the land uh the way it's fit. So it's not suitable to put the portal on close to the uh

the line. So we we have to push it back closer probably on this side. So so we we can build them together. There's an order up there that would help you explain. Yes. So, um the county request for 300. So, we're asking for about 90 something that you kind of put on the right side. So, the left the left side will be close to the the property line. The right side going to be closing the kind of it's not fit and it's kind of a big drop down. So, we cannot have that uh all together.

Well, my question my question I guess is You can build less houses without the bear. Is that Yes or no? No. No. No. No. I can't help. No. Are you selling? No. I'm I'm his agent. Oh, you're his agent. I was just going to kind of help him explain. Well, come on up. All right. Come on up. Come on up and help you.

Thank you. So what it amounts to is for it to be effective to build the four houses. So building less houses also takes away the effectiveness of the purchase. So to build the four houses, it becomes a grading issue to make it effective because there's a it it drops off very badly. So if it wasn't for that, we could move the houses and not need a variance. But it's because of the nature of the land that the variance is needed. Does that make sense to you all? It makes sense to me. But my question was, can you build that? Well, we could, but it would be ineffective. Ineffective as well, financially or

Yes. Yeah. So, if you So, when you spend, you know, just, you know, even numbers, if you spend a million dollars on piece of properties and you only have three houses producing, it's doesn't make money. So, when you spend a million dollars on it, you've got to have four houses producing to make money. And I don't know if that helps, you know, I'm just trying to make it clear to, you know, so you guys can see what he's trying to do. The four pal cannot fit anywhere else on the property.

Uh, no, not really because of the again because of the nature of the property. It would be a tremendous undertaking for moving dirt which would probably cause issues. Well, I don't think it would cause any issues for anybody else. I hadn't really looked at it that deeply, but you don't want to, you know, natural drain, we don't want to impede on that natural drain into that property. Um, I don't know where that runs to. So, I don't know if it would run to somebody else's issue. Um, but with that small variance, it would allow it to be built without having to worry about that. The property hasn't been surveyed to look at a whole picture of where other I mean houses can go.

Oh yeah. Yeah. Yeah. Yeah. Yeah. So that's so based on that that's the drawing that that comes the most reasonable of making that work without causing issues. No. Well my my question is because I'm asking it could of course one could not fit anywhere else. So, have we surveyed the whole um acreage to see if a house can fit somewhere else or you just said that place was I think that is that is a new survey or Yeah. Yeah. That's that's that's a new site plan for it and that and so that's how it would make it and that's what they came up with.

Yes. Yes, ma'am. Yes, ma'am. And I don't fully understand all that they put into that. Um, so I can't I don't know how to better explain that, but that's that's what has been come up with. All right. Any other question? I know you're hold I know you're targeting to put those four houses on is that 28 acre 35 acre? Yes. 35 acre. Yes. You're going to have 60 acres here to consider. Yes. Would it not go somewhere else within the 60 acres if you're going to resone it all day?

Well, no. Because if you walked the property, you'd see it it would be I mean you'd have to move millions of yards of dirt. There's going to have to be a lot of dirt moved anyway, but it would be a lot. And again, it would take the cost effectiveness away. That was my question. You know, you got 60 acres where it cannot be anywhere else. Well, yeah. And that and that's why the site plan was drawn that way because it wouldn't make sense. I mean, okay, you make sense. It could fit somewhere else but because of financial deficit of the purchase and yes it doesn't make yeah it wouldn't make it feasible

and also there that two two properties between that two property have creek that you know a creek running through it so we can't put the chicken out in the middle of that creek. Oh it has a creek. Oh wait where would that creek be? Um it's between the two properties. Oh, so we can't see it on there. I have another question for you. You mentioned a small bear. What do you consider small? You know, we're talking about 100 talking about 100 yards. No feet. Yeah, feet. Yeah. Um I I guess that's my opinion, I guess.

Um I mean I I've I've been in the not not with you guys have I been in these meetings, but we've had to ask for greater variances um in other counties. So, to me, this kind of seems like a smaller variance. Um, especially considering there's no residential dwellings um there either. Um, you know, I I try really hard. In fact, I don't I don't ask for variances against residential properties because I don't believe in it. I don't think it's a good idea to push on to somebody else what you want to do. But that's all right. Anything else? No, sir. Not right now.

Anything else? I I hear what you're saying about the topography that there's a drop off, a big drop off. Um, but I guess what what I would want to know is how much how much financial strain or is it is it worth it to to force you to to me back up? Yeah, don't take I don't think Is it not possible? Is the financial strain too much for you to push these chicken houses back to meet the 300 ft?

I'm I guess what I'm wanting to see is a is a topo map or something. How much how much of a drop off? How much impact that's going to have on you for us to consider that variance? What what did the greater say if we had to move 100 ft? Do you remember what the what's the difference in cost that is kind of a lot I want to say I want to say it's like $150,000 difference my question the creek would you not have setbacks would you not meet the setbacks from creek if you were

I think we would I think Um I think we would be able to meet the setbacks of the tree I believe. So if that's something that you would consider instead of trying to put it where you're trying to put it where we have to do almost 100

that would be up to you. Would you still want to do it without the varian? Not not it may not matter to y'all but just so you know the gentleman that raised his hand he's the seller. He actually owns the property. Okay. Well, he'll get he get an opportunity. Sure. Sure. Sure. Yes. All right. Well, at this at this point, anything else you all want want to tell us? What do you think about the varian?

Well, yeah, you present it to us. going to hear from the the public those that are for or those that are against and then we'll we'll see. All right. Perfect. Thank you. And you'll get a chance to come back up. Thank you, sir. Thank you, sir. Okay. Thank you very much. All right. U I'm open the public hearing. Is there anyone here that wants to speak in favor of these two requests uh to uh reszone for a portion? No, I'm sorry. The reason is 34.79 acres from A2 to A1 and the variance.

Item six and seven. Please come forward. State your name. Tell us what you want us to hear. Yeah. Richard and I'm the property owner. I just wanted to kind of clarify, you know, you're asking about this topography and where the creek is and everything and Oh, can you go to that one?

I know this property very well. I was on it for 25 years. So, um, so the creek, this is a hardwood that runs right right down through here. And so, um, you know, I'm not I've never I haven't even seen these things, so I just know. So, it's it's starting this is a hardwood draw of the creek that runs all the way down to the end of the property down here. So, it's going to be running really close to the front edge of this one house just to, you know, give you an idea where this this uh part of the draw is. It's uh probably uh 100 yards wide and it's, you know, it's a pretty good pretty good creek bottom that runs the whole you almost you know, twothird of the property

all the way back to almost to the property line back. So, it runs just like this. starts about it starts in the spring right up here and then uh then it runs right down through here. So what I'm asking about the creek, can he now go to the other side and still Well, I think that's going to be on the other track that he's also purchasing. I mean, he can't answer. Well, I mean, he knows he's going to ask, is it possible to build the fourth house on that other track or is it have such topographical problems it can't be built that without a lot of dirt on the other track?

Um, I don't I really don't know how, you know, what he's wanting to do on that other track. The other track probably lays better actually, I would say. But um as far as um you know this this side is a little bit more narrow this track here and the other side's a little bit more more open and a little bit flatter. So I don't like I say I don't know what he's willing to do on that other side track but all right thank you sir. Does anyone else want to speak in favor? Anyone else want to speak in favor of this particular reason request hearing? None. Is there anyone want to speak in opposition?

Yes, sir. Please come. Anybody else who wants to join me? And tell us what you want us to know.

My name is Lisa Collins. I've lived back there for more than 35 years, long before he purchased it when it was still owned by the land company. The creek that the runoff will go into not only runs into the Matthews that they were talking about, the house there, the next one that used to belong to the Matthews, but they don't still live there. on down and around comes across new neighbor his land comes across my friend Shirley's land the neighbor on the other side Johnny G has his farm you know we already have the cows there I'm going to go for we are against it because one are environmental concerns we've been wooded area for so long this is going to be significant risk risks to our nearby water sources including the river which is in very close proximity to this. We already have the drought going on low water that river has been dropping as it is. We aren't getting the rains we need the traffic and the road damage. We already have enough traffic right in through this S curve here. I have had a major malfunction where someone had come over on my side of this curb right here and I was almost in the ditch and they still had tent on. We now that we're pay we see constantly and anybody who goes down Cherokee Road would see that there are tire tracks where people are doing turnouts and driving recklessly up and down that road. So it would be a danger. It's already a problem with the road damage there. The public health, our quality of life in that area would be sorely diminished.

It has been God's blessed country and I've been grateful for it. And I believe that it would sorely ruin my air quality as well as everybody else. The impact on everybody else in the neighborhood and what it would do to our property taxes. So these are all reasons I have some sworn statements against it from the new neighbors who are fixing to build and they want to be able to have a nice little farm. Um this type of industrial agricultural operation is not consistent with the existing residential and rural character of the surrounding area. it its presence would fundamentally change the nature of the community by introducing industrial level activity into the area not suited for such use. For these reasons, we respectfully request that the proposed commercial chicken farm not be approved for this location.

All right. Thank you, ma'am. Anyone else want to speak in opposition? Please come forward. Come on, sir. Go ahead. Get your name and tell us what you want to know.

Okay. My name is Mike Porter. I have a property across the street at 2560 Cherokee. That would be this property here. Um, we have a cabin here and we used the property for must be for recreation. I bought the property in this area and knew what the zoning was when we bought it. I've owned it since 2008. Much as she was saying, we all knew what the zoning was when we bought it. Um, I'm very much against this being changed to allow poultry houses. Uh, my property is a tree farm with a conservation easement. That's the way most of the properties around there are. Um, my family grew up enjoying hiking and fishing here and enjoying the outdoors. uh if the reszoning is allowed in the chicken house built this close to my property, it'll ruin the property with the the change to a poultry area um with the trucks coming that you don't reszone property to the benefit of one and to the detriment of everyone that has owned this property for all this long time that surrounded. Thank you.

Thanks, sir. Anyone else come forward? Hello, my name is Bruce Pendleton and I'm a newcomer in this area. Um, it's interesting that just in the last week or so I've met quite a few people on Cherokee that I have never met because most of the homes are off the road.

Um, you don't see the homes, but um, so I I am taking care of I'm tending a piece of land for a Korean family. There used to be a lot of Koreans that lived in that area of Madison County and I'm caretaker for land and um so I don't know I'm right around I think I'm that's so I'm just down here on the left. I'm less than one mile. And when the chicken houses went in in 20 I think 15, you can't see them from the road, but um I didn't know chicken houses smell because I grew up in a community where there were no chicken houses in North Carolina, but um I kept smelling this sweet foul smell and um I didn't know what it was, but it was every like couple months it would come like for two or three days. And um somebody came to visit me and they said uh that's are there any chicken farms around here? And I was like well yeah I think there's some up right there about a mile and a quarter. Um, I have been particularly impressed and proud of gentlemen property owners on that road that do um what I would call gentleman forestry conservation. Um, professional surveys, professional um, getting in and off the road with their trucks, selective harvesting, and then burning. And I know that they're done professionally because they don't leave a mess. And that actually has enhanced the visual aesthetic of of that part of um the county because when you see a a heavily forested um you know, pine grove and they take a third out and then four years later they take another third out

or five years later, all of a sudden late in the afternoon the sun is coming through. hundreds and hundreds of trees just shining through there and it's it's really a very beautiful place to live. Um, and when I saw the sign, um, I didn't know what it meant. I looked it up and I I uh I will tell you just in a moment what I'm using this um the Kim family land for. We bring families um very very casually. It's all It's not um advertised, but it's word of mouth networking. Children and families that um live in the city or the children are addicted to phones or games or they're just disconnected and they're in their in their room in their house and they don't they some of them have never been in a garden before. And so I've been organic gardening um no pesticides, no herbicides on that land since 2011. And there literally have been children come there. I don't think they've ever been in a garden because they're running from the grapes to the And so

excuse me, sir. Please tell us why you're against it. Why you're in opposition? Well, first of all, I don't want to in I don't want to invite or have people over that have never been in the country and they leave because of the smell. Okay. Is that is that that's correct? Okay. Is that Can I just close with that? Yes, sir. Okay. Um, so anyway, I appreciate you letting me speak. Thank you. Anyone else? Anyone else in opposition? Mark goes.

Okay, Mr. Chairman, board is of course not we uh uh appreciate the time you've taken to come out and see the see the land and uh for cherry to come out too. I think that a lot more have come out than you realize. Oh, it's good to see you. Yeah. Well, y'all, they they tell me y'all do a great job of going out to see the site and see what it looks like. That's uh I wish every county did that. Can you force your name for Tracy?

I'm sorry. I was just doing the for my name's Bob Sil. My wife is Diane Seville and we own the property across the street which would be right where that driveway runs off and we've got 583 acres which is in a uh conservation easement. We've been there since uh 2000 and u we love it there. We love we came to Madison County because what a wonderful county it is. So, um, I have three or four points that I think y'all are familiar with. U, but the main one that I've I've really added since they got up was the variance. And, uh, the, you know, I don't think that we need to grant a variance to help someone be more profitable and have a better investment. Uh, the purpose of the variance in in my opinion is that uh it the 300 foot setback protects the neighbors and that's just what we hope we'll keep is the 300t setback assuming y'all uh approve this now we obviously don't want it approved but if it is approved I want to speak to the conditions and u we we hope that you'll fix the number of houses that are on there uh three houses. He has to if it's approved and we don't grant the setback, he can go to three houses. Um we we'd like it a condition to be that would be no more than before he's requested the u uh the 300t set back on the road uh is where they logged and it's a clear

field. So, we would hope that you could put a condition on there that they would reforest that. The houses that are up the road, you hardly see them off the road because they left a great buffer out there. Um then the uh exhaust to the houses uh we'd like to see I'm speaking for me. We'd like to see that that exhaust would be out back or to the interior of the property right there so they're not blowing towards the road towards the neighbors. And then u the roads. I think everybody's familiar with the roads and the uh situation there. The when they put the eight houses in, uh the roads really weren't made for such heavy traffic. And so if you look at the road as it leads up to these these uh existing eight houses, we're already getting potholes in it. It's been what 11 years since we put it in and there's cracks all in the road. So, the red's already worn out and it's going to have to be resurfaced. If we double that or increase it by another 50% for these four houses, u then the county is going to have to spend I don't know what the cost will be or how far we'll have to pay, but if you look right past those eight houses, there's no damage to the roads. So, we're we're going to spend hundreds of thousands of dollars to repave the roads once those put in uh streams. Uh, is Logan? Logan, are you here?

Sir, speak to us.

I was I was just uh trying to see the next door neighbor has had a lot of uh had a lot of uh washing and spent just spent $1,500 to alleviate that. Uh, so there's some creeks like Brent mentioned that originate on that property and those those will flow right down into his property and then down into the river. And uh I think that's the that's the last thing. So I appreciate all y'all taking time to listen to everybody. Means a lot means a lot to y'all out there. I mentioned somebody that was moving in from Bar County.

Excuse me. Somebody that was just bought that was moving in from Barrow County. Oh, okay. Thank you. Anyone else? Yep.

Good afternoon. My name is Mark Wiggins. Uh I am the property owner just next to well between Mr. Porter and Mr. Seville who just spoke. Uh, I have a um I have a conservation tram down there as well. I've owned it since 2009, I think it was, when I purchased that property. It has a home on it, and I lived in that home for a number of years until my wife got bit by a yellow jacket and had a bad shock reaction, and we had to move in closer to town. But, um, but we're out there just about three or four times a week. We spend I spent last night there, as a matter of fact. Um, so we're there a lot. It is a it is a place that we purchased because it is a sanctuary for our family, for uh for our friends, and and it's a place where we go that's really peaceful and a quiet place. Uh when I first purchased that property, the road was dirt. Uh Cherokee Road was a dirt road back then. I re I guess it must have around 09 or maybe early 2010 when it was paved for the first time. When it was paved, I'm pretty sure there was no idea that we would have industrialized chicken houses down further down there. But any rate, it was paved. It's had to be a It's either resurfaced or I think it resurfaced and relined just recently. And as Mr. Seville mentioned, u there is damage to the road. The road is not designed for semi-truckss. It's a it was like I said, just a dirt road. When you get to where the striping would normally be on the right hand side of the road, the fog line, you're in the grass at that point in time. Um if you were to look at the existing, there's a chicken house down the road across from uh Mr. hunters. He's got a cabin down there as well. Mr. Tommy Hunter, you see his property there just to the left of the variant with um and um I know I thought Mr. Hunter be here tonight. I know that he has a he has a clear water creek that's so clear he actually has trout, wild trout living in that creek. Um so it's it's got a

very unique environmental quality to it. Um, but all that being said, uh, you know, I just echo the things that that my neighbors have said. We have, uh, we have concerns with the noise. We have concerns with the smell. Um, those chicken houses have to be vented. We do want them to be vented away from us, but of course, if you b them away from us, guess what? You're bitten towards somebody else. Um, um, when we bought that property, we knew how everything was zoned. Uh, it was everything was in compliance with the zoning at that time. We have to change anything. And now we have someone asking to change the zoning so they get more chicken houses. I recognize that the e economics of it lend themselves to more chicken houses obviously but the zoning does not and the neighborhood does not. So we would ask that you not grant any sort of variance as to the offsets if they want to build chicken houses and it is approved eventually to build chicken houses on their property which of course we hope it's not but if it is uh we do hope there's a number of conditions involving some some no variance changes um that we have some some vegetative barriers placed so that the property is isolated or more isolated so we don't have to see it, smell it to the greatest extent possible and just maintain the general character of the property that we all purchased and have loved and enjoyed the last many years. Thank you. All right. Thank you, sir. Anyone else speak in opposition? Anyone else speak in opposition? Hearing none. Gentlemen, you all want a rebuttal?

Yeah. You want to talk rebuttal, please come forward. I'd like to um just real quick and you I completely understand what everybody's saying. I really do. Um but one thing I would like to point or point out is Cherokee Road is already used heavily by chicken trucks. Um one thing that sticks out to me, and maybe I'm ignorant for this, but everybody is in a taxi. Everybody that came up here is in a taxi. That is not really taken away from the county, but it's not provided for the county. Bringing in industry that is, you know, been a big industry in this part of the country for a long, long time will generate income and jobs. And the trucks are using Cher Road anyway. I know they are. Our brother drives the trucks. Let's do their all the time. So, while I get all that they're saying, I just would like to point that out that it would kind of counter some of the loss in tax revenue with added tax revenue that would help cost with a road that is already damaged as they have pointed out.

And my client does plan to plant trees and leave the bar. All right. Thanks, sir. Thank you. All right. Uh, anyone else in opposition? Could I just ask a question of this gentleman with what he just

No, ma'am. Okay. Your time has ended. Uh, we'll bring it back before the board. And at this point, we're looking at number six and number seven as one vote. requesting to reszone the 34.79 acres from A2 to A1 and we're entertaining the variance uh for the one additional for uh 97.2 and 97 four features. I will entertain a motion to approve to approve with conditions or to deny if we're handling both of them together. Uh so I guess theoretically it could be reszone without variance. I don't know that the property would sell with that situation. But if we're handling both of these together, I would make a motion to deny. I have a motion by Lee to deny.

Second. Have a second by Kenneth. Any further comments from anyone on the board? Do we want to see if they would like to hold these separate? Good. We can do that. That would be to home separate or together.

Yes. Okay. Is your request that we have all these separate difficult? Okay. Okay. So, uh procedurally we'll need um uh is there the movement uh have any uh objections? I forgot who made the motion. You're okay with withdrawing the motion? No objection to withdrawing a motion from anybody on the board. Okay. Motion withdraw. Those if approved is still kept. No. Now the chairman is going to take a motion each of those separate. Each one separately. Yes, sir. One last comment.

One question. Now separating. You're talking about the zoning separating from the bar. That's correct. Okay. Just want to say we will take all three of these in as it stands. Okay. Perfect. Thank you.

Okay. All right. Number six is requesting to reszone 34.79 acres from A2 to A1 to allow to rebuild four pure houses on the property. The property is located on zero Cherokee Road in Commercial 011E in district 4. With that, I will entertain a motion for number six.

Since I'm going through the fly and the ointment on this, um, I'm a private property guy and I respect everybody who came up and shared their opinion on it. I struggle and basically I volunteer my time on this board to try to do what's best for the county and somebody's paying taxes on this and to tell somebody what they cannot do on their own property when it's within the rights to resone this makes perfectly good. It lines up with everything to move it from a uh A2 to an A1 since it's over 25 acres. So I will put forward that we approve number six as presented.

Have a motion to approve number six as presented. Do I have a second? I'll second it to to get to discussion. Okay, we have a second by by Lee. All right. Any further discussion? I'm assuming I'm assuming that if regardless of the variance that if the property is not owned by the applicant, right? This is a you're wanting to get this done in order to buy the property. Yes, sir. This is contingent then.

Yes. So, um, isn't it up to the current property owner as to whether he wants to reszone this his his property if he wants to reszone it from A2 to A1 and then if it doesn't No, we do this all the time. Very common. They get a form to for the current owner to authorize someone else to apply. Typically, it's the buyer. Okay. All the time. Yeah. No.

I guess what I'm asking is it's possible that we would vote to reszone this piece of property and then it not sell. But that's not our concern. I don't think so. I mean the owner here to speak up between the owner and the yeah it's it's a contingency on the the purchase of property. So if it doesn't if it doesn't it's not gonna be sold but it would still be A1. If we vote it we changed it to A1 and that would be it would sell.

If it doesn't get resoneed uh to A1 it will not potential buyer will not buy. I would suggest the board not get into the intricacies of contingencies of sales contracts. Just take the applications as long. Okay, we have a motion and a second. Any further discussion? Well, I'm just saying with my vote. Okay. Uh where are we? And this is to reszone that particular

reszone that particial particular piece of property from A2 to A1 because it is is more than 25 acres because it's more than Yes. Yes.

Um mine is a no. And the reason I say no is because I understand the property being sold, but looking at it's already a A2 and looking at the demographics around it, there's a lot of A2s and I think it fits with what is already there. So my Okay, we have three yeses and one no. All right, that's for number six. Number seven is for the variance in order to build four houses on that particular piece of property. Uh they're asking for a variance for the setbacks with a deficit of 97.2 and 97.4 ft. At this point, I'll entertain a motion for that particular number seven. I have a motion to deny that.

So, we'll make a motion. We have a motion to deny second. Have a second. Any questions, comments? Okay.

Yes, to that briefly. Thank you. Yes. Okay, this number seven has been denied. We will again we are a recommending board. We will recommend to the board of commissioners that number seven, number six be approved and number seven be denied. Now number eight requesting to resone that 28.49 49 acres from A2 to A1, which this is more than 25 acres, so it does qualify to bring the property in compliance with zoning regulations. The property is located on Zero Cherokee Road in Com3, partial 11 and district 4. I will entertain a motion. make a motion to deny because saying even though it's it is more than 25 A2 minimum that does make it nonconforming so I say

okay we have a motion to to deny say that again I'm saying that even though it has more than 25 acres A2 the minimum is 10 acres so it even though it has more than the minimum in the 10 acres It's a A2. Does that make it nonform? No. No. So, it still fits in that. So, that's my

I I understand the motion, but let me say this is that we're trying to in this county. We're trying to get everything into compliance with the comprehensive plan. The comprehensive plan says that A1 is 25 acres. So this is 25 actually conference comp plan doesn't have well it doesn't have so it doesn't make a difference in this

okay we have we have a motion to deny a second I get a second I don't get a second I get an alternate motion Mr. Chairman, I make a motion that we approve as presented. I got a second. Second. We have a motion to approve as presented. Simp. No. Yes. Yes.

All right. This has been approved. We recommend to the board of commissioners that uh number eight be approved as presented. Again, this the board of commissioners will meet on May the 4th and I recommend or I suggest that all of you that and all you that are guests, please be present and you will have this opportunity to present to them that has the final say. All right. number 14.

Okay, we're ready for the next agenda item. Next agenda item, please. Um, we have Jake Roberts and he is requesting a variance to allow a storage building to remain closer to the rear property line that does not meet the required 20ft setback with an approximate deficit amount of 14 ft. The property is located at 4986 Highway 29 North in Danielsville on map 64, parcel 11 in district 4. All right, Mr. Roberts. Hey, how are you?

Good. How are you? All right. Um, I just want to point out the old building was there. I tore it down. It was falling in and it was no good. I have boats and side by side stuff. So, I want to be able build something to put my stuff in. Um, so I built it. I moved it up 15t from where all the middle like the middle of the old building. I didn't really know it was over that far because when I got it reserveyed it was actually further than I think it would be further than 5t because it come in a lot further than what I thought it moved it forward. So now six feet off the property line. I talk to everybody. I talked to people that can see it from the left people behind me. I talked to them and he really um and he said he didn't mind. I just I bought a place I live closer to work. I work the MC and somewhere to put my stuff and I cleaned up the place and shop.

Is this already built? Yes, sir. All right. Any questions for Mr. Roberts? That's the black and white house that you Yes, ma'am. You read it. Thank you. Um Yeah, I went up there. I cleaned up a lot. It was a mess. Yeah. The matching garage or whatever you Yes, sir. Yeah. I saw where you had that that um part. So, you would consider just putting a pad back in.

I don't I'm young and I'm still It was my first house and everything. So, I didn't really know all that. And then I didn't want I didn't have the money to spend to put the dirt back over there. Yeah. And it was all downhill and it cost me way more than what I had to build a quarter. Um and it's all downhill literally from my I don't have hardly any room up there to turn around. I've had to kind of work my way around everything in the creek. I didn't want to go further down to mess with any of that. So, um I was just going to be more than I was kind of putting it right there so easy to get to on the flat area. Any further questions as far as water? I know it's water under the bridge that you you didn't know to get it permitted or you just built it.

I didn't think because it wasn't getting power or nothing and power water. I was just using a storage building and I was replacing it from my old one. I didn't I didn't know that's my bad and I I went up as soon as I found out I went up there and I I took care of all that and I was I'm sorry about that. That's my that's just my I'm sorry that's my first time doing business. Any further questions? All right. All right. I will open the public hearing and anyone wants to speak in favor of this reason request please come forward and address your name and what you want to Good evening. My name is Lauren Chase and I just want to put on the record that Mr. Robert's properties right next to mine is the property that's being spoken of and I have no issues or problems with it. All right, that's it. Thank you very much.

Anyone else wants to speak in favor?

Anyone wants to speak in opposition? Is there anyone here wants to speak in opposition to this resolve request? Well, actually no resolve. Various various request if it was um I mean it carries on right

okay I will close the public hearing and bring back before the board motion I'll make a motion to approve. Second motion to leave. Second script to approve. Any questions or comments? How many people? Excuse me. Oh, it's Yeah, four. It's a 14 foot deficit. So, it's only six feet from the house.

All right, yes. All right, Mr. Roberts, we recommend to the board of commissioners that this be approved. Number 10.

Okay. Um Garren Harvin, applicant for Ralph McKay Senior, is requesting a variance to be allowed to build a poultry house on an existing greatest path that could not meet the 300 ft setback requirements from the property line in five places to the following deficit amount. 18.6 6 ft 121.1 ft 134.3 ft 146.4 ft and 195.3 ft. Property is located at 2190 Shiloh Fort Lamar Road in Daniel on map 35 partial 35 in district 4. anyone come forward. And I do want to remind folks that Lee has recruit recused himself from this particular various request. Evening folks, good evening. Evening busy night. Uh as Tracy said, we're requesting uh five variances for deficiencies ranging from 18 ft to 195 ft uh for new proposed poultry house uh for this location. Uh the hardship is tied to the property and existing conditions. The proposed poultry house uh pad is on a graded pad that was built back in 1999. Mr. McKay built both pads in 1999 and uh with the anticipation of building both houses but never constructed the second one. Uh at the time I think that Tracy you were probably still working here. I bet Joel Bacon I guess Mr. McKay said brought a wheel out measured things and um so no permit was issued though when

we researched it right the second building. Okay. So what Mr. McKay is attempting to do is use this existing pad. He has a contract in place and has financing in place through farm credit uh and has a a contract in place to continue this generational farm out here. Um there's an existing operation that's there currently. Um relocating the pad would require extensive grading uh layout redesign and have quite an environmental impact for the disturbed area to uh for erosion control and things of that nature. Um this property where this chicken house operations already built is in a weird configuration where three properties already come together. Um all the properties around here are zoned A1 currently. Um, the nearest dwelling is roughly a/4 mile from the proposed chicken house. Right now, there are no residential dwellings on Mr. McCay, the other adjoining owner, or Mr. Burns's property at this time. U, we've worked with a neighboring property owner, uh, Mr. McKay's brother. Uh, he's written a statement of support. Uh, we reached out to Mr. Burns. uh he indicated that he wouldn't contest it uh but would not come out with a letter of support in it, but we attempted. So, um Mr. Burns, Mr. McCay, uh the two families do work together with hay and and production out there and agriculture production, but currently I think Mr. Burns's property is a hunting property. Mr. McCay's property is James McKay, not his applicant, Brown, is currently in a use. Um, any questions?

I have one. Does he, Mr. Burner, do you have any kind of documentation saying that other than word of mouth that he would not object or he would not contest it? Mr. McKay had reached out to him on the phone. So, it's just verbal at this point. Any questions for the board? Y'all had a question uh when it was discussed. Uh this pad was is this pad graded or just dirt? Um it was graded quite a while. Pave dirt. Yeah. Yeah. It's it's got trees and stuff growing in it now. The pad's still salvageable. Uh

that's the question. How is something that was has been sitting there for 27 years uh still of any economic value versus having to move it? Uh I would think they're probably going to have to strip a foot to two foot off the top of that pad to get back down to good dirt, but that's probably a lot easier than building a new pad with the topography in some of the other locations. So

today we received an email about a hardship that was not something that was when we initially, you know, met and talked about this. Mike, can you give us a counsel here with with what, you know, this hardship and how this actually would apply in this situation?

So uh this is um with the application. So this is an the application says it's for a special exception variance under section 11.1. Um hardship variances are governed under 11.2. There are different standards. There are different requirements for each of those different considerations. U if you want to one difference is that I don't even get into that. It's fine for that. So section for special exception variance your standards for approval are in 1113 a hardship variance your standards are in 1123 and to some extent in 1122 but this is this is special exception so you're looking at those four there four standards AB C and D in section in section 113 and I would stress to the board that Mr. James K neighboring property owner. We've tried to look at swapping some property and different things like that but had conservation breach issues to be able to mitigate setback. But the impact of the request for these two of course this being the worst. Uh Mr. McKay is here in support of it. So the impact I feel is lessened on those two requests. Our other requests are against Shallow Fort Lamar Road which is an 80oot rightaway corridor. So to get to the next property owner on the other side of the road if we took the corridor out, you know, you're looking at not needing this variance and this variance being, you know, 80 foot less than what's being requested. Um, so, you know, with that being said, I I primarily am looking at the 121.1 foot deficiency that's coming over here. Um, infrastructure-wise, grading wise, um, you know, the easiest place to build this is here. Um, currently I know the property drops off

and has flood plane and different areas like that. Um, you know, I mean, at the end of the day, these growers want these houses close together, and that's why we come in here and ask for these variances. Uh, to locate this house on a different side of the property, but of course going to be a different full set of erosion plans, full set of impact, all of that type of stuff. And then, uh, it's almost two different operations when you break them up like that. So, yeah. I will stress again, this is an existing operation has been in use for 27 years since it's been built. Um, you know, it's a current business. It's a uh generational deal. We've got a young man that's coming back to try and uh take on this farm as his father retires. And uh, one house just doesn't pay the bills in today's economy. I don't know if I call that hardship, but it's where we're at. Actually the uh section 11.2 hardship variance specifically excludes consideration of economic factors page 11.1 does not. So um sounds like this conversation is properly about 11.1 as the applications file.

There is there is no other area that we've can be built on that meets the setbacks. Uh we've looked at a few areas. Of course there's a a chicken house that caught on fire that's located in this area up here. uh to go back and use that pad and demolish it. Uh but again, we'd still be in a setback issue with Mr. McCay, Mr. James McKay's property there. Yeah.

Um other area would be in this area here. Topography does fall off. um you know you get into grading issues and disturbing more land than what we would disturb to put this if we're looking at an environmental impact with rent what we be disturbing so um there is a possibility yes sir I don't want to bring the financial side into it with the hardship the way we are of course that was okay to discuss okay it wouldn't be had you applied under 112 but you got that so you're fine yeah I mean you know to move another $150,000 worth of dirt to build another pad had to pat it up meet topography. It's financial hardship in my opinion.

By the way, number seven was also filed earlier and that's why financial issues were find as well. And I think as we continue to find more industrial poultry operations, these are commercial paths people are building 50 foot by 400 uh times 4. Uh I've done a lot of big box work in my day. It's a big industrial site. Uh this is tucking this in where existing site is. uh trying to fit it in and mitigate with this pad that's there. I do think it's the best option and that's why we're here applying for that variance. Well, that's the same question that I asked the other question. That's a that's not a small barrier. It is not a small barrier.

That is not a small barrier. I mean, you know, when you talk about 20 ft, 30 ft, 40 ft, that's a small barrier. I do.

When you talk aboutund and something, that's a large barrier. I think that um I think that we need to look at A1 property against A1 property for what it is. And we need to look at the people that want to use this land to create an income with agriculture and take a realistic look at those buffers versus folks that want to enjoy their land in conservation easements for, you know, bird watching, whatever other activities they've got in mind. Some of us do want to make a living with the land that we purchased. So, u I think that it's fair in that aspect if we were against an A2 and AR or even an R zoning. Um I I guess I would

Yeah. Yes, ma'am. Everything is A1 around this current. I can understand that. But even if A1 goes um A2 in the north, but I guess is this on the south side of the property away from that A2 on the north side. Oh, James is A2, but his parcel is how many acres, James, over there? 80 acres. 80. Yeah, it's a quite a large parcel. So, another looks like there's another track. There's two tracks on the north side. Uh, so that would be the same track that Mr. Burns owned. It's owned A1. He's on this side of James' property and on this side of Ralph's property here. So he owns around.

So we'd have one adjoiner on that side other than the family member. And they're both 82. Okay. See one of these Q public is where I got zoning for A1. I didn't go to the zoning map for that one. Are these properties in Koopa? Uh, yes sir. Both of them. Both of them are. Yes. Great question. Yes, sir. If they swap properties, two acres, would it reach the cooper on either one of them?

Uh, it still wouldn't mitigate the easement that we're requesting against Mr. Burns's property. Well, I'm concerned about Mr. Birdie. Yes. So, Mr. Burns has no legal document saying that I will not contest this. It's just word of mouth, correct?

And I and and I'm only trying to do my job is to to make sure that everything is is is proper. I mean that to me something has to be in writing or saying, not just by word of mouth. Well, all I've got is property owner, talk to the gentleman, and pass the information along to me. That's all I can provide you. Understand? I'm just trying to point out to the board because I don't have a vote. I'm trying to point out to the board everything they must consider.

Well, my concern is there's a reason for setbacks, correct? And the purpose for those setbacks is to pro um to protect the neighboring and other setbacks. So I mean other things. So you know that's like you said that's a lot of setback you have. There's also a variance process as well. Right. Yes. Okay. And you said it's possible to go somewhere else on it. Haven't evaluated that yet. I think it's all right to ask for the variance and come before the board present to you as we see fit. So, all right. Thank you very much.

Yes, sir. Thank you. All right. We'll open the public hearing with anyone want to come forward and speak in favor of this reason request. Come forward. All right. My name is Ralph Pay Jr. I am the land owner. I fully support this request for a continuation of a longstanding warming operation on this property. Uh I started growing chickens in 1976 and I moved there in 1972. My father's own this piece of property since 1946. 20 years from now, it'll be a centennial farm. It'll be in our family for a hundred years. My son wants to come back and build him a house and uh and build this other chicken house and we're going to do remodel the old houses there. We're talking about about a million dollar investment. Um as far as u where to build and building in a different place, I don't see that happening. the topography of the rest of the land. This this is a track of land that my dad bought in the early 50s and it has served us well because we built three chicken houses on. And there's nothing I could have ever done to generate the income that those three chicken houses generate on that piece of property. You could cut hay off of it all day long. It's it's only about 17 acres, but um like Gary said, um you don't want your chicken houses 1,000 ft apart. You want them

close together. I used to live in a mobile home uh basically about 150 ft from the end of uh the old chicken houses, which uh you can see on the aerial for photograph. Um, as far as another place, the only other place that there's a possibility we could build, it would probably cost $150,000 of grading to grade a road to that spot. Just the road. Just the road.

Yeah. Wouldn't be talking about any grade for a chicken house because um I know Lee's been over there. the road. Our land has a lot of bottom land in it and the and when they pave the road u it's got a the covered in the creek is 24 ft high. So that gives you some idea how high the road is. We're talking about a 20ft road down here to uh land. So there's really not uh any other feasible place to put this. Um uh any other questions y'all? Free to ask. Anyone else want to speak an op in in favor of please come forward. My name is James McKay. I'm Ralph's brother. uh and I own the property that a couple of these variances are referring to and I just want to say I'm 100% in favor of uh building this new house um where it was raised a few years earlier. Uh there have been, as my brother mentioned, there's been chicken houses there for almost 50 years. U and I bought my adjoining land knowing that these chicken houses were there. So it If it hadn't been for my brother's heart attack eight or nine years ago,

nine years ago,

um, and then following that with the stupid COVID uh, crash that we all had to live through, these this house would probably have already been built. We wouldn't be here tonight. U, is a perfect location. It's located. You talk about u what's best for the county. Uh, I appreciate Mr. Smith mentioning property uh private property rights is located in the far north of the county as you know uh only about a half a mile from the Franklin County Alliance. So it's it's it's um and this location north of Highway 10 highway 98 has always been seen as an agricultural area first and foremost. There are only two or three houses a quarter mile from the project as Gary mentioned and the rest of the houses the next closest is about a half a mile or more away. U uh by my calculations or estimates 99.9% of the citizens of Madison County live over two miles away and most offer 10 miles away. I mean, this is about as rural an area as you get other than the tree farmers like the people were talking about here earlier. And as we already said, it would be located next to the existing house. So, it would make it economically valuable, the which is uh my brother mentioned a million dollars. I said several hundred,000 added to tax base with very little to in the way of expense from the county because the road's already there. It is already built to handle chicken trucks and handles them every day. Um the um so as he's already mentioned,

completing the project will create enough income so so my brother and my nephew can keep the family on land, a family farm for the next generation. Uh everyone knows how much land values have gone up these last few years. uh raising cows alone to pay the tax bills is just harder and harder to do uh to maintain the farm added revenue as needed and that's what this chicken house would provide. Uh plus it it would create conditions so my nephew could raise his family on the farm uh like a lot of us grew up in the in the similar situation. So again, just want to emphasize that, you know, it's it's the perfect place to build because it's already and would already have been if it had been for some other economic circumstances, I think you got a good deal on getting the pad is one of the reason why the pad was was done back, you say 1999. Um he um I think the people doing it um gave him a good deal on on the pad. So you have any questions?

Anyone else?

Thank y'all for allowing us to speak tonight. My name is Ralph McKay the third. Everybody mostly knows me as Trait, son of a property owner, Ralph Mccay. Uh we're we're going after this variance for I mean what my uncle said, my dad, Mr. Harvin's been uh gracious enough to speak on our behalf as well is I grew up on this farm. I'm 41 years old and I'm looking to move back and build a house there. Uh that would create some more tax revenue for the county. Uh, and as for um, Mr. Pro, I think you actually spoke on the the grading of if you if you come on the property, you can actually see where the final grade is in elevations for where you step up into where the scratch area would be of the chicken house and you can see where the drainage is. And so, uh, this area up above here in this is a giant hill. So any dirt we would have to strip off uh to get rid of the few trees and stuff that are on there, there's more than plenty plenty of dirt to move to replace it and to keep it on level. Uh so you wouldn't be really creating any more of a drainage issue than you have now. U but this is something we've talked about for years and uh I think it's time that I come home and pick up where he left off. He just turned 76 this year. I just turned 41. uh my wife and three kids. uh I would love to raise them out there and this BR this is what I want to do for the rest of my life and uh something he mentioned is in 20 years we'll be 100 years farming on this piece of dirt and uh that means a lot to me and I would love for my kids to see what this and by if we get this variance that would be exactly what it would be because u I have some contingencies with the chicken

companies that are is basically I'm waiting on approval to start building a chicken house basically. So, and I'm uh with a handshake agreement of having chickens uh in in said chicken houses by mid to late November barring everything if everything disapproved. So, thank you. All right. Thank you, sir. Anyone else want to speak in favor of Let me let me say one more thing. Uh it's been brought up a couple of times. What year was the moratorum that 2008?

What does that have to do with it?

At that time the setback were 200 ft and this this grading and all was done with that in mind. So if you look at each one of these setbacks and applied it to the 200 ft, you'd be talking about 20 feet, 30 feet, and uh that's not a lot. So, uh to me, that's something that ought to be I've had politicians, attorneys tell me that this should be grandfathered in. I don't know. I'd probably have to go to court to do something like that. I not there. But I think that's something that ought to be taken into consideration because the 300 ft setback is relatively new.

It was not in play in the '90s. Well, I I won't I won't debate that, but that is 300 ft down. I understand. 200 feet has nothing to do.

I understand. But but you're also talking about a 500t chicken. So 100 ft is not that much. Thank you. All right. Uh, anyone else? Anyone want to speak in opposition to this request? Anyone want to speak in opposition? If not, I'll bring back close the public hear and bring it back to the board and I'll enter the same motion. because I had a question for Mike.

Something that I really struggle with is I've been a member of this is being consistent and that's what the law looks at from what I understand and I'm not a lawyer and that's reason I'm coming to you. When a variance is put before us that allows for a variation, how how if you're pressed on things do we look at I believe tonight we have three different variance requests. H how how do we make sure us as a board are being consistent? Uh first I would uh tell you to look at those standards and make sure you apply them in 11 113

1113 right and um if you denied one variance tonight under 113 and you want to grant another one, you would have to look at those standards and have some rational basis of explaining apply they apply different respect to it. That's those are your standards. Okay. Thank you.

Any further questions for not again I will entertain a motion to approve approve conditions or to deny. I'll make a motion that uh we deny this request much like the previous that we looked at earlier and that's simply trying to be consistent. I I thank everybody for what it is that they do but please understand what it is that we try to go by as well. Okay, we have a motion to deny. I have a second. Any further questions or comments? The board of Yes. Yes.

Yes. Okay. Uh this various request has been denied. It will be presented to the board of commissioners on major 4. I suggest that you all be here and to present this to the board of commissioners as you have presented to us tonight. Anything else that needs to come before us tonight? How do we get a copy of that zoning? You asking him? Yeah. Okay. Y'all can have that.

It's a good question. Uh I have been asking for years to have it available on the website, but we're going to

Well, as you know, to keep a disclaimer. The only way I ever see them is when they're posted uh when they're like that when I was looking at with you is when it's in the zone. I know it's not available to the public. Well, you come here and look at it. I don't know if they have 21st century. Okay. Preaching to choir, brother. Let's move on to number 11. Jeff Hendricks is requesting the resin 47.3 acres from A1 to A2

to allow the property to be split into three 15.76 acre track to give his two to give to his two children and retain the other track for himself. Property is located at 1216 Taylor's Road in Hall on M 15 parallel 117 in district one. All right, Mr. Hendricks. Okay. How are we? Good. Good.

So, I think this is going to be hopefully pretty simple. Uh, cut and dry. So, we bought this 48 acres here. Planning on it being family land forever and ever. trying to get it to where I got two boys. One's out of college, hopefully going over the Airlines. We don't know. But he's got a promising career. Other one's in college. I'm just wanting to the house only now that we live in right here and we're just trying to cut it. So still large tracks able to stay in conservation. Um but enough to tie all 48 acres up on mortgage. It's on construction loan now. So I got to close the mortgage I think mid July and so just trying to do this so we can one keep it in conservation keep it rural farmland agricultural but have where hopefully they got a place to build a home stay with me as long as I'm here. So that's uh that's all I'm really trying to accomplish is having room for the boys without having to dig it out from under a bank loan 5 to 10 years when they get ready to build something. Not you're not planning on splitting again or

sir you're not planning on splitting it again? No, I'm actually going to put it all in conservation. That's why we designed this to all be over 15 acres so it'll all still qualify to stay in good. So yeah, we're not planning on cutting it or subdividing. Just there's three of my wife and I and my oldest son and my youngest son. So that three for three. But this makes it three separate parcels. Yes. Well, at A2 it's got to be 10 acre minimum. So once I do this, I'm locking it up at that point. I got no room to cut it any smaller. So

do you have a question? Yes. On track one. Mhm. Um, if you look on Q public off of Planner Gunn Road, it looks like there's I guess a private drive back there called Doris Lane. That's right. Is there a home back there? So, it used to previous owner had doors runs out this way kind of and the road kind of runs bends around like so. And he had four or five mobile homes back there that he was renting out. We demolished all those. All that's gone.

Yeah. They didn't even have tank for a minute. So, all that's gone completely. Um the whales are still there. So actually all three tracks would actually have a whale a piece. Um so it works out pretty good for you know the boys. But yeah everything three residences all over. So the only only dwelling on the property now is your home. That's site.

Yep. And it's open like I said kind of in the corner. Right. Any further questions? Thanks sir. Yes sir. All right, we will open the public hearing if anyone want to speak in favor of this reason request. Hearing none, anyone want to speak in opposition for this reason request. Hearing none, I'll bring it back before the board and entertain a motion. I make a motion that we approve.

I second. Have a motion and a second by Kenny to to approve. questions or comments from board. All right. Can Yes. Yes. Yes. Yes. All right. Uh this has been approval and recommend to the board of police approval. There will be another hearing here on May the 4th. Thank you. Okay. Number 12.

Okay. Brian Martin is requesting a variance to be allowed to build one poultry house that cannot meet the 300 ft setback requirement in two places on one on one of the five property lines with a deficit of 122 feet and 134t. The property is located at 4787 Highway 98 East in Commer on 82, partial 11 in District 2.

All right, Mr. Mark. Hey. Um, yes. So, I've got a existing uh poultry farm that's in operation. And we're changing out equipment right now and changing integrators and we're deciding to build another chicken house with the integrator. And it has to be set back due to the load out area. And with it being here, my whales here, the generator room is in between houses two and three because when you're looking at the farm, you read left to right. So the furthest house is house one, two, three. So the closest house you ride up the driveway to is four. And so the generator room is in between two and three. And we're able to tie into the existing generator as well as inside that room are the two wells. And um so if I have the house out here even we got um the driveway that comes up and the grading there's a drop off in this area and the grading to do that would be twice the grading of the exist of trying to put the house right here. So with that being effect we dropped it back. I talked with the neighbor and partner, our um property owner, Miss Patricia Kerry, and she has signed a letter and with the map in the letter stating that she understands the setbacks and she is good to go.

Any questions? Why can't you put it on the other side of the

You would have to have a new generator, have to have a new meter with the electric company, and probably a new wet. So the hardship with that, the cost of doing all that and the grading over there because it's not near as flat. So when I built the stack house, we took the dirt here because at one time I was thinking I build a barn for my cows cuz I don't like them being cold. It's pretty ridiculous. I understand. But anyway, so I made it a little flat so the dirt was there to build the stack or you stack out. So, with that being said, is pretty flat and it cuts on the grading significantly. We moved the house over. The uh poultry company probably would not like it. Number one, because when you build poultry houses, if you notice, they're in groups of 2, 4, 6, 8, 10, 12. And when you build a fifth house, they want it in line with the other four for bird health. And um if everything logistically will go with that in terms of your power that's already there, the generators already there, the wells are already there, then it makes it very um what you want to say try. We're trying to get in the budget. So you come up road I think that's your house over here.

It's a shop. Shop. Okay. You know, you had a sign not go past that. Every poultry company does. It's just bio security. That's it. Yeah. Okay. So, I saw the poultry um and so there's a lot of where Show me where your that drive is. So, the drive is basically I believe in red right here. Okay. So, yeah. So all that up front is your land too. Where? Here. No. No. Here. Go down here. No. To the right here. Yeah.

Uh yes. This is it. This is where the two wells are located roughly. Okay. Where they had the panels. You saw probably pan two two sets of panels set up. It's called the cows will tear up the well. Okay. So what is in that area? Just the whales. Just the whales. Yes. That was a lot of So you can't move that more this way towards the whale. No, because again the generator room and the power that comes into or right here. And so we're going to bore underneath the two existing

to the fifth chicken house. the wells and the um generator the power the p the Georgia meter is at the generator and that's where the power will run. Okay, I understand you know business there are cost and you want to go the least resistant way for that cause but like I said you have for there we there's a reason for but that's the only place that that would go you said the reason you don't want to put it back past the four is because of cost to

uh in this area the cost right in this area. Is that what you're talking to? But you it would be cost because this is woods if you notice when you came up there. So I had to level out all them woods and then I don't know if there to where I would put it would be the Yeah, that's what I said. So So with currently with the with the variance, this is one landowner, right? And she has signed off. Okay. Well, let me let me uh let me ask questions. So, so basically it's economic reasons the reason you want this the hardships. Okay. Economics um and plus bio security.

And I and I respect other property owners saying it's okay. But if we went by okay by all property owners, I mean somebody could put something in there. It doesn't belong anywhere as long as the the person says okay. She sent a letter. I understand. I understand she sent a letter. But uh we can't make our decisions based on the other property owner saying it's okay. Correct. Maybe. But we also can't predict the future. Correct. So, we've got to go with the

Well, I just want to I just want to point that out because, you know, I can get my neighbors to say it's okay for me to put whatever, but it may not be good for the for the county. Plus, I want to point out to the board that we must remain consistent.

Yeah. And with there's there's a lot of poultry houses that you notice. There's eight across the road from me. You go less than a mile, there's two breeder houses, six brawlers, and then you go on to Low Road, which is all within about a mile. That's down Clem Road, I think. And then down low road, there's what, 12 and four, 16 more houses. You go on the other side of the middle school, there's six more chicken houses. So, all this area is pretty rural and poultry, if you say. I don't want to disrespect Bill cuz you all put food on the table.

Yeah. And I don't want to disrespect your business and what y'all are trying to do. And I know it's a cost, but like the one said, poetry makes a lot of money. They sent me a thing here and what they said, they had aund chicken h they produce a lot of eggs. Yes, poultry does make a lot of money.

Okay. So, I'm saying what I'm trying to say is in a business you're going to have cost and that cost produce production is going to outweigh that cost eventually. Am I not right? Well, I'll clarify myself now. Poultry companies make a lot of the producers don't make what? So when you see Pilgrim's Pride quarterly earnings $450 million or or$1 13 billion dollar whatever the quarterly is. Yeah. I don't think I get 0.00001% of that.

Well, let me let me all based off of there's a tournament system with and then there's egg production. There's stuff that's out of our realm on making money. Excuse me. Yeah. Okay. We're not here to determine the amount of money that's made or that kind of thing. What we're here to determine is if this variance fits and is it consistent with what else we've done that is what we need to stay on. It's just you come up with the one you understand that

that's not our decision to make. Our decision to make is does this fit or is this very

All right.

Open the public hearing. Is there anyone here wants to speak for this reason for this barrier? Jerry Harvin, 7747, Highway 172, the great city of Comr. This whole area where we live, you I think you've had several cases, four of them north of 98 tonight. You guys got to tell us what y'all want out there. We got to support these guys that have existing operations that need to expand, that want to raise a family. There might be money to be made in agriculture, but let me tell you, my banker makes no sense uh on interest payments. I promise you that. In this area right here, I don't know how many hundreds of thousands of chickens are in this area. I think there's probably close to 20,000 head of cattle in this area. This is the last frontier of Madison County right here. Um, unless y'all want to start seeing a bunch of A2s coming here, 10 15 acre lots, better start thinking about supporting local agriculture and existing operations. I understand a new operation is a different approach. existing operations and young people that are taking the risk to keep these things running. You got to get behind them. Either we are in a county or we are not in a county. That's all I got. I'll say the same thing when the next gentleman gets up. Thank you.

Well, I would like to say it's not we're not not that we're not supporting. It's just we're not we don't f comment. We just listen. All right. Anyone else wants to speak in favor of this bill? Anyone wants to speak in opposition to this variance? Hearing none, I'm bringing back before the board and I will entertain a motion. Everybody speak one time. Now

I have a question for the earlier. How much are you pushing back this particular poultry house from where the others line up? How much are you? Just I believe 60 feet. I think it's 60 feet to allow the adequate loadout area for that one house. you you understand what load out. I don't want to call anybody ignorant or anything or talk down to anybody, but when I say load out, it's the loading yard in front of the chicken houses for the semi-truckss to be able to turn around for the catchers to catch the chickens and for the forklift to be able to load that truck. That's what I mean by loadout area.

And if this if this particular house is lined up just like the other houses, there is no way you could do that. There's no way. That's where I would have to without sinking money into it to move dirt twice to three times the amount that it's going to cost just to grade because I'd have to move the whole driveway over and to the left of the driveway. Miss Forson saw I'm sure there was a drop off to the left of the driveway when you went up to the chicken houses. Did you I didn't go all the way to the sign.

Oh, I wish I saw it. You might have said go on, but uh yeah. So, I'm sorry. But up there at the top to the left in front of the first chicken house in blue is a drop off and we would have to move the whole loading yard and everything over to the left and that's major trucking of dirt. Uh that what we couldn't get off of grading and everything.

Even even if this house was was constructed there or on the other side to the north of this, it still doesn't need the 300 set 300T setback. If you look at the red dotted line, even the existing houses, they were probably built on the 200 foot send back and if you built a new one, regardless of where you put it on either side of those four, still not going to meet the 300. Probably not. I don't know about north, it's just due to all the woods up there that I've had to clear out and

regrade and everything. Um, like I said, the flatter part is exactly where that house and it it'll have to step down just a little bit versus being all level with the other four. But with the step down, it's still going to be much economical to achievable to grade out. That's your question. Yeah. Okay. Right before the board and I understand motion. Well, as we say, um, we've got to be consistent and that's what our setback. So, I say that we deny. Have a motion to deny.

We have a second. Any other questions, comments? All right. Yes. Yes. Yes.

Yes. Okay. This request has been denied. We will present to the board of commissioners on May the 4th. I suggest that you be here and present your case to them. Number 13, excuse me. Cody and Karen Circle is requesting a variance to be allowed to build one poultry house that cannot meet the 300 ft setback requirement from the property lines with deficit amounts of 6.65 ft, 229.64t, and 272.44T. and it cannot meet the 400 ft setback requirement from a surrounding dwelling with a 105.21 ft deficit. The property is located at Moon Guest Road in Carlton on map 96, parcel 68 in district 4.

How y'all doing?

Good. All right. So, we bought the farm in 2016 from my mother and father-in-law. We were in the process going to build a new farm. Long story short, it was just more applicable for us to buy this farm. As time goes on, the number one house that we are wanting to tear down, which would be this one, we want to tear it down, build back in the exact same footprint that it was in, except for on the back, the total length added would be 100 ft. But the total dirt disturbed would be less than 3,000 square ft. It's already graded out 50 ft flat off of the back of that. As far as my neighbors, of course, my mother and father-in-law that own the land, we have letters from them saying that they are fine with everything from the variance to the water retention, all that. They're no problem. And also my neighbors to the very back of the property, Mr. partial Bush and his wife, Linda Bush, we have a letter from them also saying that they are completely fine with it and I understand too like you talk about consistency and I get that part. So we bought this farm, we've been running it for 10 years and my wife grew up on this farm has been there for 38 years. So when we bought this farm of course we had lifelong plans. We can't help how deterioration has happened on that house. Fieldell Poultry told us that there and they already sent letters in too that that farm that house is no longer worth it's not safe to grow chickens. It's not safe for the human or the chicken. So that has something that has to be done. And I realize that we're so far inside of the setbacks that it's crazy. But I'm not beating around the bush. I just believe in coming out and

being truthful. If we don't get this variance, we've already got all the money tied up. All the money has been agreed on. We have the loan that's sitting at the bank. Farm Service Agency told me when we started this deal because of no more dirt than we were already tearing up that we were going to be messing with top soil, anything like that. And also that it was already there and we were just adding on what was there. The EPD, EPA, all that. nothing would have to get involved in this because we were not tearing anything up as if we were coming into a farm where there was nothing there. We've been running this farm. This farm was built in 1987. And like I said, if if we don't get this variance, if we can't build this chicken house sitting right where it's sitting now, then we go bankrupt. I cannot grow one house of eggs. I I can't have eggs in one house paying for $1.2 million. I can't. That won't be enough to pay for our bills, much less the poultry house. So, it boils down to either we get the variance and we're allowed to build that house and we have two houses bringing in income or we go bankrupt and we lose everything we've got. And that's just 100% the truth.

You said this burnt down. No, ma'am. Oh, I thought this No, ma'am. It's just over time it has deteriorated so much. Like

the middle of the chicken house basically where the feed bins would sit. If you look at the top 50 ft both ways, you see the roof doing this. The whole roof is sagging in. And we've already the house is still remaining is fully upgraded right now. The only thing left to do is set the generator. And we were supposed to get chickens in April 1st, then April 27th. That's been moved back now to June because things have taken so long. We haven't had a poultry check since August the 3. Thankfully, thank God that I know how to do electrical work and I'm work hard. We've made it this far and I don't want to see us make it this far. We started this process in May of last year with FSA and they drug us along and nobody did anything forever and ever. And I I ain't no more special than this man sitting right here. He works hard every day and just like all of us work. Everybody works. But we've worked our tails off to get to this point. I love farming. I love my family's land. And it ain't right to come to a point that like this and we not get the variance and be put out of business and lose everything. We worked hard for all because of some footage that we couldn't do anything about. We didn't come in and say there's no farm now we want to build two houses. Understand? Are you extending this footprint or are you putting

So right here? Yeah. Where this is at, which is hard for me to tell. Um, so there's my stack house right here. This house should be 425 ft basically as is right now. It would be 100 ft off the back of this house is what would be added on. And as I said, it's already got 50 feet roughly graded at grade right now for that. So they would Smith grading would build up 50 ft on to that to make all this be you're trying to extend the existing footprint. That's why they asking for the That's what I'm trying to find out.

Yeah. because everything was grandfathered in and we thought with everyone as long as it was standing, but once we tear it down, then it's no longer grandfathered in. Unless it's the act of God that tears it down. But at the same point, when the company you're growing for says, "You can no longer grow chickens in this. It's not safe, nor can you. We can't even make money off of it." They told me that, you know, the guy up the road working a fourth as hard as I am and making way more money. So, if you're in business, like you talked about, you have expenses in business and stuff. So, it's costing us a lot of money to do what we're doing already. I don't mind spending that money, but I would like to see a return and not go in debt and then be made bankrupt.

The reason I'm asking you to do because you're extending a footprint that's already there. Yes. Right. Okay. With the same footprint, you can still put a chicken house and meet the setback. No. Okay. No, I've only got So, right here where you see on the set back, you're talking about like six feet. Okay. I can tell my chicken house and my mother and father-in-law's property line because they owned the farm before we bought it. Okay. That's what I was trying. Yeah. There's nowhere on my whole property cuz we already looked at that. There's nowhere on my property. We got 40 acres that do this. So, there's nowhere that I can meet anything other than right where we're sitting. Okay.

Thank you, sir. All right. All right, we're going public hearing one question. Sure. Is this I know you're extending this house. This was a shorter house than the other house. Yes, this was like I said this was built in ' 87 and this was only a 400 foot. So you're extending. Yes, it was a third space 400 ft. Okay. If this house were that were set up on that in that exact location with the extension and you're you were replacing that house, are you more or less the distance to the property line? More or less? I'm basically the same because if you sit right here, you're not extending the

I'm not getting closer to the property. Okay, that's where I'm going. Yeah, because if you see the chicken house here, this property line runs kind of at an angle this way. So, by me doing that, you may be talking a matter of feet, like a few feet, not hundreds of feet or anything like that. We're basically running with the property line. Like I said, I don't know if y'all need these or not, but I've got those letters from everybody. We already got So, what you're doing here is not putting it closer to the property line, right? Right. It's It's not changing any of that. All right. Thanks, sir. Good. All right. Anyone here wants to speak in favor of this request?

You know, you want to hear from me, Yes, sir. This is right in my backyard as well. And the reason that these neighbors are giving folks letters is because they want to see this stuff continue where we're at. They don't want to see the next wave, which is land development subdivisions. Guys, keep these things going. I know we're talking about consistency, but keeping these young guys going is what we got to do out here. All right. Anyone else? Anyone else hearing? None. I'll bring it back to the board. Entertain a motion. You had asked for opposition, but I think that would be Luke. Okay. Then

Okay. Well, before we go, we didn't ask him like we asked everybody else. Is there any other place you can put this that? Well, I I answered that. Oh, he did. While I'm doing that, I'll hand you this. This was laid on the ground back here. I don't know whose it is, but Okay. Yeah, that's what I was saying. I have nowhere I can possibly make 300 ft at all. All right.

Asking for a motion. Yeah, there's a due to the fact due to the fact that this is not going to be any more nonconforming than what it already is, I recommend approval. All right, we have a motion to approve. Do I get a second? I'll second. Before we go further, now what do you mean by that? We have a motion and a hold on a second. We have a motion and a second to approve. Now, is there any discussion?

I want to cuz I asked him about the same footprint and you're saying that footprint is the same even as as it was before. If he built it on the same exact footprint, it's a certain distance to the property line. Right. So, he's making an extension of of the poultry house. It's not going to be any more distance to the property line or less than what it already is. Well, that's what I'm saying. So, it's no more nonconforming what it already is. The property line next to me runs parallel. Sir, it's backing up here now. Okay. I'm sorry. I just trying to answer a question.

Actually had the same thought. That's what it is. It's parallel. So, it's notreasing. It's not increasing the non-compliance. Further comments existing operations, right? I hear that.

But that's the question I asked about the extension.

Have a motion on the floor. We have a second. Any further discussion? That's up to y'all's judgment. I mean, you that's here's your here's your here's your section 1113 and your fellow board members have explained why they think this one is different and it's up to you to vote up to you feel exactly and it's hard because it does not line up what they're asking for. It lines up with the same result. Nobody said it would be easy.

Nobody said it would be easy. Okay. But I'm saying cuz I asked about that footprint expenses. That's why I asked if it's the same footprint. They have to explain their reason. So it's up to you yourself, right? How you want to vote. So I have to make sure I know what I'm doing. And what I was asking him is the same. So my thing is is that what you're saying okay you didn't cause down on the chairman.

Are we clear? Have a motion and a second. All right, Cynthia. Yes. Yes. Yes. This has been approved. We are a recommending board.

This will go before the board of commissioners on May the 4th. I do suggest that you be here and you present your case to have the final say. All right. Anything else that needs to come before this board tonight? Want to journ second? We are journal. Anybody need to tell her