Planning and Zoning - Regular Meeting

That's okay. We need somebody to fit in right here.

That's not my business. Put a word in for you. Okay. Gang's all here.

Gang's all here.

I thought I'd come interview. Okay, you can have it. I don't have lawyers on today.

Never did before. Yes, you did. Yes, you did. You were my buddy. Those puddles. Yeah. Try to get all the eggs in one basket. Oh yeah. You got

You don't have I don't have I don't have to run fiber my Well, I'm going to have to on my road house. I don't know how that happened.

Well, Spectrum was doing that, but windreen was on the ground, but he went Look at that clock right there. Yeah, a little bit late. A little bit

first of all, let me call this. My name is Canola Scott. I'm the chair of the master county planning and zoning commission. Uh like to call this uh public meeting to order and if you would please as I always do please stand with me for a word of prayer and we'll get started. Eternal God our father is once again that we are bowed in our presence thanking thee for all the good and perfect gift thou bestow for us. Our father, we thank you for waking us up this morning, starting us on our way, taking care of us throughout the day. Our father, we ask that you bless each and everyone in this room, not only once in this room, we bless each and everyone in this entire world. And our father, guide our minds as we try to do the business of the county. And we'll be so careful to give you all the praise and glory. Jesus Christ's name we pray. Amen.

Amen. All right. The first thing that I'm required to do is to read the opening statement. Uh and after I have let the board members introduce themselves starting on my left Cynthia Forton district 5 C Bradley uh vice chair and district one Lee Mitchell district two William Smith district 4 Patrick administrator

and Kern all right as the 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'm finished. Zoning directly affects private property rights which include the right of the property owner to to the enjoyment of the use of their property and the right of adjacent owners and the general public not to be unreasonably harmed by Pacific land use. Tonight is the first of two public hearings. A second will be held before the board of commissioners on March the 2nd, 2026 at 6 PM at this location. Attendance is not required, but your attendance is recommended. Order of business. As an order of business tonight, I will introduce the applicant and then the zoning administrator will give her comment. Then the applicant will come forward, state their name and address and state their reasons for their request. You may provide information or documentation supporting the application. Next, the Planning and Zoning Commission will have the opportunity to ask the applicant questions. Next, I will open the floor for public comment. Apple time will be given to those that may want to speak for or in opposition of the resone 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 board members. Then I will open a special session of the planning and zoning commission. Then I will ask for a motion to approve, deny, or approve with conditions. The recommendation will be presented on Monday night, March the 2nd to the board of commissioners. Again, I emphasize the PNZ board is a recommending board only. Does any members of the PNZ need to recuse themselves from any request tonight? Hearing none. Uh did the audience have any questions about what I have presented? Not we will begin with uh our first request. Linda Forson applicant for her husband Lamar Forson Miss

and she is requesting to reszone his 2.10 10 acres from 8 R to A2 to combine with this A2 adjoining property identified as map 52 partial 10 for a total of 13.19 acres for tax purposes. Property is located at 0 Miller Macar Road in Danielsville on map 52 parcel 10-02 in district 2. All right. How you doing, Mr. Wilson? I'm here. You're here. I'm here. All right. Listen. Just tell us what you want and

Okay. Linda Forson, 707 Miller Math Road, uh, Danielsville, Georgia. Y'all please excuse my voice. I've had cancer again. And this is what I'm left with. I had thyroid cancer. So, it took my voice, but I'm alive and doing well.

Good. Several years ago, we reszoneed and cut this two acres out for our youngest son. We had already cut out for our two oldest sons and um for David uh he had gone through a divorce and he was going to put a home there and then David got real sick and came down with uh MS. So, he never built a home there. And for years we have been paying a lot of tax on this little 2 acres that sits out in the middle of our pasture. So I'm uh requesting to rebone it so that we can combine it back into the pasture.

All right. Any members of the boards have any questions for Miss Forson? Linda, can you clarify how what parcels are accessed by the easement? How many parcel are you? It's just that the two acres. So, it's this one, right? This two acres is the one that we're wanting to combine back. And that easement would have served just that parcel. Yes.

Of which the road's never been there because there's never been a structure there. It's always been in pasture. Um, and it will continue to stay in in pasture till we're gone. And then grandkids will then decide, you know, what what to do with it because our the kids, our sons have their property. And uh what we have, we've got roughly 50 acres in the three tracks, well, four tracks. And it will eventually go to the grandkids and our newest member of the family, the eighth generation to live on this farm. We now have a great great grandson.

Yeah. Or no, great grandson. Yep. So he will he will probably wind up with times he's big enough to come along, he'll wind up with a majority of it. All right. Any further questions? So there's not a roadway there now. Never has been. Okay.

Yeah. Because it just wasn't feasible for David to build. And we figure at some point in time he will have to build a handicap uh home, but it will probably come from a 25 acre track that we own. And he'll probably go on to it. But he this won't ever have a home on it. It will be combined at one point in time in with the two properties of our we got two sons. If you came over there that white double wide that's where our granddaughter lives. That was one of our sons and then the brick home is where our oldest son lives. So this property here down to our home will be combined at some point in time in with those two properties. And then we've got uh a grandson that will get um he'll wind up with the brick home.

And then our son David, he'll he'll build I hope one day back over there so that you know I I hope I never see the day that we'll have to help him. But you know, right? Yeah. So question. Okay. Any further questions? Thank you. You're welcome. Thank y'all.

All right. At this point, we will open the public hearing. And is there anyone here that wants to speak in favor of this resone request? Hearing none. Is there anyone here wants to speak in opposition? Hearing none. We'll close the public hearing and bring it back uh for the board. And I will entertain a motion.

Make a motion that we have a motion to approve. I got a second. Have a second. Any questions or comments? If not, second. Yes. Yes. Yes. Yes. All right. All right, so this has been approved and we will recommend to the board of commissioners uh on March the second that this read be approved. Thank you.

All right, moving on to number two, Art and Wendy Bulletin. They are requesting to reszone their 1.34 acres from R2 to A2 to combine with their adjoining A2 property identified as map 46 parcel one for a total of 11.95 acres for tax purposes. The property is located at Zero Pratt Mill Road and Hull on 45 parcel 14-05 in district 3. All right. How y'all doing today? Good. How you Good. All right. Uh, we're ready.

Okay. Uh, when we live at 2434 Sprout Mill Road on Windy Village. Okay. Um, when we purchased the property originally, it was already divided. It's the 1.34 acres. The original owner had wanted to build an apartment for his son. There is no apartment there. Uh it's just a metal storage building and that's how it's going to stay is a metal storage building. We just wanted to combine the two um to get our taxes done. All right. The only divider on that is that creek that you can see that we just want to pay out the creek.

Put us in the range of our conservation the program. Cool program. Okay. Any questions?

Hearing none. Thank you. Thank you. All right. We will open the public hearing. Is there anyone here that wants to speak in favor of this reason request? Hi bud. Yeah. Good. Is uh hearing? None. Is there anyone wants to speak in opposition? Hearing? None. We'll close the public hearing and bring it back before the board and I'll entertain a motion. I'll move approve this request. We have a motion to approve. I'll second.

Have a second. Any questions or comments? All right. Can Yes. Yes. Yes. Yeah. All right. This has been approved or we we will make a recommendation to the board of commissioners on March the 2nd to uh approve this request. You don't have to be here, but I suggest that you do. All right. Moving on to number three.

Okay. Logan Bllelock, applicant for her grandparents, James and Carol Wingler, is requesting to reszone a 4 acre portion of their 154.93 acres from A1 to AR to allow the 4 acre portion to be split out and gifted to their grandchild for a home site. The remaining acreage will remain in the A1 zone to be retained. The property is located at 0 South Railroad Avenue in Carlton on 111 parcel 86 in district 4. All right. Uh, how y'all doing today?

Good. Good. Good. All right. Just tell us what you want us to know. Um, well, I'm Logan. Um, I'm just wanting to take four acres out of my grandparents track to put a chunk on to make a home site. All right. Any questions for the board? Hear none. Thank you very much. Thank you.

All right. We will open the public hearing. Is there anybody wants to speak in favor of this resolve question? Hearing none. Is there anyone wants to speak in opposition? Hearing none, we will close the public hearing and bring it back before the board. And I will entertain a motion to approve to deny or approval conditions. I'll make a motion to approve. Have a motion to approve? I'll second. Have a second. Any questions or comments? If not, Lee, I believe it's on you. Yes. Yes. Yes.

Yes. All right, this uh has been approved and we will recommend to the board of commissioners that they approve this reason request. As I've said before, you don't have to be here, but uh I think it'd be a good idea. All right, number four. Yes, if you'll give me one moment to get caught up here. Correct.

Mason. Yeah. Give me one moment. I'm sorry. Yeah, I know. I just that we're here.

Yeah, I'm here. All right. Page 36 possibly. There's two that we have for that. Oh, we don't because you're just That's right. We don't have a site plan on this one. That's right.

So, Mason Farm is requesting to reszone his 19.87 acres from A1 to A2 to bring the property into compliance with the zoning regulations. Property is located at 169 Healey Road in Danielsville on map 67 partial 58 in district 2. Anything in addition you want to add that you want us to know?

No, I'm just trying to get all my farm property in the same category. on the land behind that as well. It's already in A2. So, just trying to get it on his own. Okay. Any questions for Mr. Carl? I didn't get a chance to go out there. Where how do you access this part off of this road down that line there? Okay. So, then there's an easement there's an easement across which

it kind of crosses this property and this property these two properties here this my sister and my aunt's property this house Any other questions? Concerns. All right. Thank you, sir. We will open the public hearing. Is there anyone wants to speak in favor of this reason? Hearing none. Anyone want to speak in opposition? Hearing none. We'll close the public hearing. We'll bring it back before the board and I'll enter a motion. I approve this.

Motion to approve. Second. Second. Questions or comment? Smith. Yes. Yes. Yes. All right. This has been approved and we will recommend the board of commissioners watch the second to approve this particular request number five. Okay moment please.

All right. Um, so Mason Parm, applicant for Stephanie Hilly, is requesting to resone her 16.1 acres from A1 to A2 to bring the property into compliance with zoning regulations. Property is located at 179 Hilly Road in Danielsville on 67 parcel 5 in District 2. Anything you want to add?

All right. Open the public hearing. Is there anyone wants to speak in favor of this regal request? Hearing none. Anyone want to speak in opposition? Hearing none. We'll close the public hearing and bring it back before the board. No, I don't have a motion. Make a motion to approve. Motion to approve. Second. Have a second. Any questions or comments on this one? If not, Cynthia. Yes. Yes.

Yes. Yes. All right. Uh, this one has been approved as the rest. and uh we will present it to the board commissioners on March the 2nd. They will have their own public hearing. All right. Number six. Okay. Michael and Hannah Gatis are requesting to resone their five acres from A2 to AR to allow to allow a second home on the property as an accessory dwelling unit for a family member. Property is located at 7:30 Fred Mor Road in Danielsville on Mount 50, parcel 13A in district 4. All right, please come forward.

All right. Anything you want to add to what Miss Patrick has stated? Yeah, we brought this or bought the property last year and it's my mother-in-law. She lives in the house that's on there now. We're looking to put a second home on the property or mobile home on the property and we are trying to be close to her as she gets older so that we can help take care of it

because the property is in here. Yeah, probably any questions. Hearing none. Thank you. All right, we'll open the public hearing if there anyone wants to speak in favor of this reason request. None. Anyone want to speak in opposition? hearing. None. We'll close the public hearing and I'll entertain a motion. I'll make a motion to approve. Motion by Sia to approve.

I'll second. I'll second. Any questions or comments? Hearing none. Yes. Yes. Yes. Yep. Again, as I stated before, uh we will recommend to the board of commissioners that this reason request be approved. Uh that public hearing will be March the 2nd right here in this room. All right, moving on to number seven.

Tony Gun, applicant for her mother, Angela Hollis, is requesting a resone for 20.88 88 acres from A2 to 8 R to allow the property to be split into four tracks consisting of 34 acre lot and 18.88 acre lot for family members. Property is located at 799 Lord Fleman Road in COMR on map 69 partial 64 in district 2. All right, Miss Gun. Uh, about what you want to do.

Um, originally, if you'll see up there on number one, uh, my husband and I moved double wide on that property so we could be close to my parents on their 20 acres. Um, but in 22, my dad passed away and mom wanted me and my husband moved in with her. So, my older daughter has moved into the double wide. And to kind of make things fair for my other two children, we wanted to cut out an addition, you know, four acres for each of them, which would be three and four on that map there, leaving the primary home with 8.88 acres for his mom, my sister who is uh mentally disabled with me and my husband there. Um, and that's pretty much how that plays out. Right now, we use most of the land for sheep. Um, but most everybody's there. The number three probably wouldn't be utilized for a little while cuz my younger daughter has moved in with her husband with a place where they rent. So, it may sit there empty for quite some time. We just don't know. But, we want it accessible to her and if they decide to move on to the property.

All right. Any questions for Mr. D? Yes, I have one. Remember when I was out there and I was asking, you see how that road stops? Yes, sir. So, how is it? I don't see the access to number four. Okay. So, this right here is Fleming Road and it actually comes all the way down. Okay. Yeah. And this is where I was telling you it actually bicts the property right here. This right here is our leg. So it actually does have access all the way back over to Fred Golf Road if that bridge was in place back here. Okay. Yeah. And if it was Go ahead. If it's to be split.

Yes, sir. Would the sheep go on one? They would be on the 8.88 acres. Um and maybe even on the number three there until my younger daughter decides she wants to be there and then we would, you know, move our fencing and stuff. Oh

yeah. And our son who would be on number four right now, he's in the home with us. So because he isn't financially stable to have a home built on number four right now because it would need to be cleared and you know well and septic tank and all that fit in. Um so pretty much that larger chunk of two, three, and four would still be the main home with the farmland. We just want to go ahead and get things because my younger daughter, the place that they're renting, the land lady hasn't been, she's been kind of wishy-washy.

She wanted to kick them out and then she didn't and then she did and then they signed a new lease and so her living situation isn't real stable right now. So, I want to have something that she can move to in a hurry if she needs to. Um, and so it also gives us opportunity to talk to the mortgage company to be able to do a partial lease lean release if she needs to move quickly. All right, brother. I have one. Yes, sir. You were speaking a minute ago about the road. Yes, sir.

Are you saying that the that large fling is a county road that goes all the way through? At one time it went from East Road all the way over to Fred G Road. But now there is there there's a creek on the back side of the property back here that there's a little piece back here and it doesn't show very well in here. There was a bridge and I mean literally you can walk across this thing but there was a bridge that's not there now. So you can't get to Word Fleming from Golf Road. Now uh But you can still get to that last property. You can follow this all the way down to the creek.

But you But you can't. There's a I don't know who owns the property at the road. We do. Did you go through the gate? That Yes. As we go through that gate. The gate. The gate. The neighbor. The gate is not ours. The gate belongs to the neighbor where it says private drive.

But but that gate is on public road. A long time ago. They put that gate up there when my dad was still alive because they had as as he said they had friends that would come and go and borrow things that they weren't supposed to be borrowing. So they put that gate up. But when we started putting sheep over here at that point in time, they had that gate open and it stays open all the time and it is public access. We we go back there when we need to to get because we have sheep.

There's a a road and I don't see it right here. This is where we come in to the back side for sheep sometimes and we take hay and stuff. So we come in this way. This is about where where the red gate is at. But that red gate technically I don't think it's supposed to be there because it does go across that county road. And like I said, this road goes all the way back through here. And so this is this road accesses our property. So it goes all the way back and it comes all the way like I said to the creek. So there's road frontage there.

Tracy, how how can how can we verify that there's adequate road frontage there and access to that parcel? Yeah, because right there is showing as you're talking it's showing it does not access that correct back prop that force property. Click apply. That's East Co dirt. And then this is living dirt that follows essentially follows the dog leg for some reason. the uh

I don't know why that's if I can answer your question. Sure. The road department and has they they have the definitive book of what is and is in a county road and I think the chairman has a copy as well in his office so it has to be verified there. Um, there are various ways roads get abandoned or added to the system, but they all are the record is that that log book I'm talking about in order for that parcel to be established if this is approved. Would that have to be verified that there is frontage there to do that?

Yeah, I don't think so. Uh there's going to be either road frontage or an easement and that's um you can verify whether there's a road with that road book. If it turns out that that portion is not public mouth is correct then there would have to be an easement for access there. We have to give the it's not a county road. If they own that property, the ement they're going to get on some of the easement or Well, but they're going to tread a new track down there at the end of it. That track is going to have to have access. How does that happen?

Usually a survey that's surveys are important for many reasons. One of them, right? So, so okay, we can we can actually get that that verified for like you said through the department or the chairman. Any any other questions? I have I guess I guess I have one. If there's

I'll no any any any questions from the board for if not okay thank you very much. All right, we will open the public hearing. Uh, is there anyone wants to speak in favor of this resolve request? Say anyone wants to speak in opposition to this resolve request.

Hearing none, I'll bring it back before the board. And I do have some concerns here that I need to bring before the board. recognize this. I was Yes. There there was a letter that was sent by a landowner adjacent to the property and I think all of you should have received that. Did you did you or did you not? Yes,

we all have have have received that. And I we had asked our Miss Tracy and and the department to look into if there had been any code violations uh because there was some people complained about property values being uh diminished or depreciated simply because of the condition in the area. And I asked uh all of the board members to go to the booklet and look at 14.2.4.17. That is something we have to consider when a reason request comes before us. And we also have, you also have before you your packet, uh, some pictures that was requested by one of the commissioners. And at this point, before I entertain a motion, I'd like to have some discussion on this on 14.2 between 4.1 and I guess I'll ask our attorney to he can explain that to us.

Um you read first 14.2 4.17. Okay. Yes. So those um those are among your general factors. 1424 in general are a list of of factors that are legally um relevant to u making resone decisions. Uh so if you want me just go through it. Uh that particular subsection.

A is existing uses and zoning of nearby property. B the extent to which property values are diminished by particular zones restrictions of the current zoning. So that's talking about this property's zoning this property zoning whether its value is diminished by its current classification. C is the extent to which the destruction of property values of the individual prop property owner promotes the health, safety, and morals of general welfare with consider public consideration to effect on the community environmental impact and effect on joining property values. So that's saying that um if and to the extent the current zoning is diminishing the value of this property is it balanced by is is it outweighed by these other benefits um g to the public effect on the community environmental impact on their property values. the relative gain to the public as compared to the hardship imposed on the individual property owner. That's the larger uh concept that I was talking about in C. E the land development in the area and the vicinity of the property. F consistency of the proposed use with the stated purpose of the zoning district being requested. G conformity with or divergence from established land use patterns. and age conformity with or divergence from the future land use map. Okay, let me explain what's behind that because that one's a little confusing I think u as to which property you're talking about sometimes. So courts will not order a property to be zoned at something particular new

classification. If a land owner asks for a reason and it is denied, what they have to prove is that their existing classification is diminishing their value and that that diminishment is not outweighed by benefits to the public from the existing classification. It's not talking about the new classification.

Yes. Okay, now we have this person or neighbor that's in opposition. We don't normally read these, but do I need to to do that at this this point?

It's up to you. Well, I I I like to be transparent and I, you know, I'd like for the person that's that's having that's that's coming for us with the request needs to know, I think, what the neighbors are saying. You know, these these people could not be here tonight. So, so they sent a letter in in instead. So, I I do for Okay. And it says, "Hi Tracy, we're sending you an email to be our voice at the resulting hearing scheduled at 6 p.m. February 1726 for a Hollis RZ 2026-01 at 799 Lord Fleming Road, Com Georgia. We are unable to attend the meeting in person. We live straight across from the property up for reasonzoning at 8:30 Lord Fleming Road, Comr, Georgia. Our vote is no. Well, they really don't have a vote, but they're expressing their opposition uh asking us to say no to the reason. Do you need a reason? We feel like the grandson that put a double wide on Angela's property a few years ago has made an erroneous mess. There's trash, a mattress, furniture sitting right side that door. Anyone coming to our home has to drive past this bed. We have also had numerous interactions with the Madison Animal Control due to the resident at Angela's house having near 20 dogs

roaming freely. They have made an effort to contain their animals, but it's awful to be outside and hear all the barking whenever they are pinned up on the property. Bottom line, we feel the property value has decreased due to this and the ongoing barnyard that the new residence with Angela brings to her yard. Thank you for sharing this at the hearing. Please let us know that you received this email and and they know that we've received this email. So there's no one here to speak in opposition, but this letter is in opposition. And the way we do that is uh Miss Gun.

Yes. You have an opportunity to rebut or to say what you want to say about the opposition before this board votes. Yes, I can. Would you like to have Would you like to come back and say something?

Yeah, I can. Um, there was never 20 dogs. There were four that like to lay in that in that road and we did and that was well over a year ago. We do have our dogs confined now because the neighbors complained about our dogs being able to on our property. Um, so I'm sure there's blocking that they do here. I spoke with code enforcement today and I spoke with my son-in-law and he's going to be cleaning up probably the photos that you see there. Um the furniture that's there has been there for a couple of months because my husband's uncle moved in with us and that was his furniture that he gave to my grandson. So they just have not moved it into the house and that has been a spot in in my side. Uh, and I made it to no uncertain terms today, but they need to clean that myself up. Um, so I have talked to them about it and if neighbors are set then I I hate that they feel that way. Uh, I will say that it is a working farm and we had animals there before my father passed away and the neighbors never complained. My dad was a hoarder of sorts and the amount of stuff that we've had to try to get rid of since my father passed away. Never bothered the neighbors before. And so I don't know if it is actually a dog and stuff issue or if it is a personality issue that the neighbors have with us because we don't cowtow to everybody that says you need

to do this or do that. You know, we do try to follow what the county has to say and keep our animals up. The biggest complaint that they had to start with was back in 23, my husband got really sick and we had some lambs that we had at the house that we were feeding up trying to make sure that they stayed bulked up in the winter time. My husband got sick. I was in the hospital for three days and someone that was taking care of them for us because I didn't leave my husband didn't close the pin good enough and the lambs got out and started nibbling on the neighbor's bushes. And when code enforcement came out the next day, my husband was already out fighting at the fence with the sheep making sure they were locked up safely in the big pasture so that they couldn't get out of. And after that, there became a problem with our dogs walking around in the yard or being in the road. And so, like I said, I don't know if it's um an animal and stuff issue. I do understand about my son-in-law's porch. Um but as far as the the sheep and the dogs, it's a working farm.

Okay. All right. Did code enforcement issue specific things to be done? would they be following up or how did they leave it?

He said he would follow up. He said in a couple of weeks. Um he made recommendations to make sure that things were cleaned up because he didn't want I don't know if someone sent him out. Uh he did this. He said someone sent him out. Um he did not issue a citation. He didn't write anything down. He said that um there may be a concern about the appearance of my daughter's yard there. um and he didn't want that to affect a yes or no vote for getting it resoned. Um and that he would come out in a couple of weeks to follow up, make sure everything was being cleaned up. And I told him what we would do as far as making sure all of that was taken care of. Um he made some recommendations on um like my son's truck doesn't have a tag on the bumper. He said move it. Um there's a an antique truck in the yard that needs to be covered up. That kind of thing. But as far as stuff in the yard directly across from this person, there's not a whole lot of stuff going on in the yard because like I said, back in 23 when my husband was sick, code enforcement came out. He saw a tire in the yard and he wrote a citation for this thing and that thing and the soap thing. We cleaned everything up that he had a complaint about then. So, we haven't had any other code enforcement complaints since that time. So, nobody has said anything about this until we decided to read them. So, code enforcement has not come out about this specific issue until we decided to read them.

Oh, did you say he said something to offense the puppies? No. No, he didn't say anything about puppies. Any other questions? The puppies don't get out in the road. They stay in the yard. Oh, yeah. And we are actually actively trying to sell them. So, but I told my son that he needs to go ahead and start working on that because I don't want them to start going towards the road.

Um, but there are other things about that segment of Fleming Road that need to be addressed, but it's probably not here. Um, because the people that live at the back part back there through that gate, they like to one of them likes to speed down that road and I have two grandchildren down. Well, that's that's something we have. I know. And that's so there's a lot of a lot of mixed a lot of mixed things going on there. So,

all right. Any further questions for All right. Thank you very much. to share the the the only thing that that will concern me before you vote what our attorney has looked at at 14.2.4.17 does this situation as is diminish the value of the property surrounding that area? No, that's not what 14247 is about. Okay. Explain about

All right. Yeah. All right. So, there's a list of over 17 things in that in that section of the zoning ordinance. Some others might be more relevant. That particular part is talking about the factors and and I understand the zoning ordinance is poorly written. All of them are. Correct.

Uh they all are. They're trash. But uh the part of the law that's referring to is what a land owner applying for a more intensive zone must prove if their application is denied in order to have the the court order the county to reconsider it and change the zoning classification. So he's talking about the diminishment of value of that property because of its current zoning classification that restricts it from being used in a more intensive manner.

Not other properties. Now there's other things in there that talk about that sort of issue but not the section you pointed to. Okay. Well, I have a question. If if approved, is there do we put a condition about the role. Well, I don't really know what you do with that tonight because we just don't have the information. You know, kind of struggling with how y'all deal with this since you have any information on it. So, that's what I said. Do we put there in a condition on if the road is continued on or something? I agree with you. I feel like either either condition or to see a flat

with either adequate road frontage or an easement to that particular person. Yeah, that would work. Okay, I'm I'm getting what y'all are saying. Yeah, that would work. Yeah, something to prove it. Right. Okay. Any other comments or questions concerning this? And I guess we could state conditions, but we don't have a plan. And that we would have to I guess well it would I guess we know a plan would have to be approved.

Well yeah I guess the condition would be evidence that all lights have access that complies with zone ordinance requirements be it road frontage ement whatever. Would that mean a new plat that needs to be made? I mean it could be. I mean the road may I mean like the applicant says it may be a public road down at that point. I don't know. We're trying we're trying to word a condition but because we don't know that

this parcel is split into core there's going to have to be new. So what I'm saying is on that plat needs to be either road the road frontage requirement met or an ement just like we required any

Oh okay. I guess what I'm thinking um I guess I was thinking this would be within the next two weeks that the I mean if I'm not a voting member but uh if I were a member of the board of commissioners I would want to verify that there is going to be access to this before I vote to approve it either by verifying it's a public road or the county's records or by having a survey in front of me that will be recorded immediately upon approval showing that easement. And of course, surveyors do title searches to show that the easement is pro, you know, I mean, it's it's we can't pre-engineer this here. There's work that has to be done.

Should we build this? we find out that you wrote that would probably make a lot of sense. I'm willing to find out if the road does come to that property. Well, that's that's one thing that you can make a motion to do if you desire. So, does that mean she has a read? No, just postpone it. Okay. We just postpone until we find out. Right. Right. And that means it we probably postpone until next month.

Yeah, that's right. But we're announcing these at this meeting. So, you're going to vote to postpone this until for a month until your March meeting, whatever that date is. And then it will go on the and then the board of commissioners will need to vote at their is it the second at their March 2nd meeting to postpone their public hearing and vote until their April meeting to push everything back one month of the cycle. It won't have to be readvertised so long as all those votes take place in public meetings like this one.

Is that something that you all research out or do I need to figure out a way to research this out? Um, I think it's incumbent on the county at this point to figure out if it's a public road or not. If it isn't and you're informed of that, then you're going to have to get with a surveyor, legal counsel, whatever professionals of your choice you want to employ to figure out how to comply with the county's access requirements for that last.

Okay? In other words, you don't won't have to do anything until we this body finds out if it's a public road. If it's not, then you will be notified and then it will be in your court to provide the adequate documentation. Okay. Mike, I do have one of the road lists in my office. I do. But I'm thinking the question is we're going to have to get with Allan at the road department to see if this certain section like if I think both of them are can we road but Uhhuh. Do you know what I'm saying? Well, yeah, certain sections.

I don't remember exactly what that book looks like, but I certainly hope the county has records of I mean, there's a lot of dead end roads in this county, and I would assume and hope that the county has records showing exactly where those end as a public road. Yeah. But there's a gate across. So, well, that that that gate has nothing to do with that gate was put up by a private individual that shouldn't have been put up. Yeah. Yeah. But I know that's how they're going to know it goes down. No, they're not. That the records will show. Oh, yeah. If it goes past that gate or not or where it goes. Yeah. You can't change it. You can't make it public or other private by speaking. That's called obstruction of public property. But I'm just saying

if it makes if it makes any difference or not. It used to happen all the time when ambulance service was called out to our road. They would always go to they would do bullet mill to Fred Goff road to try to come up the backside and they would and everybody that uses GPS would try to come that way and it's like you can't come that way. You got to go all the way around to the other side to because the bridge there's too much law about public roads for me to try to explain it all here. But if you just let's just go down the path. I'll make a motion for one month. We find out where

Okay. We have a motion on the floor and a second to postpone this and for further investigation to clarify some things that we don't know as as to if the road stops there or whatever. And um yeah, and I guess when you're preparing whatever you send to the board of commissioners and then when you report to the board of commissioners on this one, just remind them what y'all have done and they need to vote to postpone theirs until April to match what we've done here. All right. Okay. Uh have a motion, a second. Yes. Yes. Yes.

Yes. Okay. This will be postponed until we can do further investigation on postponed to a date certainly. It will be postponed. What's that date, Tracy? March 17. March 17th. So that's this board. So everybody who's here or watching online knows it come up again here on March 17. Each track has groceries. Now one public question. No public hearing. You've already done your public hearing. We've already done our public hearing, but the board of commissioners will have to still do theirs at their April meeting. Correct.

Can I clarify this? If it's if it's proven that there is no road frontage, then that would be incumbent upon the property owner to work that out through a with survey with an easement. Right. Exactly. Um, with that I think that ends our business. I do have one one of a comment that that uh I do understand that we have to take in consideration all of these things, but we're not totally important. So, we take that as how you like what that means. But uh you know we're we're here to entertain res properties but we have to take a lot of things into consideration. All right. I get a motion to adjourn.

Motion to move tojourn. All in favor. All right. We're journaling. Thank you very much. I wonder you That's