Jan 24, 2023 Board of Supervisors Meeting

[00:00:03]

.

THUMBS UP.

WE'RE READY TO GO.

GOOD EVENING EVERYONE, AND

[Call to Order]

UM, BEFORE WE, UH, BEGIN, UM, I WANTED TO, UM, LET EVERYONE KNOW THAT YESTERDAY, UH, WE LOST A REAL, A REALLY GOOD MAN AND DISTRICT CHIEF HOMER CROSS OF THE FORTS MOUTH VOLUNTEER FIRE AND RESCUE COMPANY EIGHT.

AND I PLEASE ASK EVERYONE TO HAVE HIS FAMILY, HIS FRIENDS, AND HIS COLLEAGUES IN YOUR THOUGHTS AND PRAYERS DURING THIS TIME OF HEARTACHE.

AND SO WITH THAT, UM, I'D LIKE TO TAKE A MOMENT IN SILENCE TO, TO PRAY FOR HIS FAMILY.

THANK YOU VERY MUCH.

I'LL GO AHEAD AND CALL THE MEETING TO ORDER SO WE CAN ALL STAND AND, AND DO THE, UH, PLEDGE OF ALLEGIANCE.

ALLEGIANCE PLEDGE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INVISIBLE WITH LIBERTY.

VERY GOOD.

THANK YOU.

ALL RIGHT.

UM, TO, BEFORE WE START DOING SOME BUSINESS, WE HAVE, UH, MS. OATS IS NOT GONNA BE WITH US THIS EVENING.

SHE'S UNDER THE WEATHER.

AND ALSO ZACH, MR. HENDERSON WILL BE, UM, SITTING IN FOR MS. SHIRAKI AS WELL, CUZ SHE'S ALSO UNDER THE WEATHER.

SO THANK YOU ZACH FOR, FOR BEING HERE.

ALL RIGHT.

SO THE NEXT ORDER OF

[B. Adoption of Agenda – Additions or Deletions]

SO, UM, IS, ARE THERE ANY ADDITIONS OR DELETIONS, UM, OF OUR AGENDA? NO.

NO.

SO DO WE HAVE A MOTION TO ACCEPT THE AGENDA AS PRESENTED? SO MOVED.

SECOND.

THANK YOU.

ROLL CALL PLEASE.

MR. MABE.

AYE.

MADAM CHAIR? AYE.

MRS. COLORS? AYE.

MR. BUTLER? AYE.

THANK YOU.

SO THE NEXT ITEM IS WE'RE GOING INTO OUR PUBLIC HEARINGS.

AND SO I'M GONNA READ THE GUIDELINES, UM, FOR EVERYONE BEFORE WE START.

SO, UM, THE PUBLIC HEARING IS AN OPPORTUNITY FOR THE PUBLIC TO DISCUSS THE MATTER THAT IS BEFORE THE BOARD FOR ACTION.

A PUBLIC HEARING IS NOT A DEBATE.

ALL COMMENTS WILL BE DIRECTED TO THE BOARD OF SUPERVISORS AND NOT TO THE AUDIENCE.

SPEAKERS IN THE PUBLIC HEARING WILL HAVE THREE MINUTES TO SPEAK, AND PLEASE BE CONSIDERATE OF ALL, ALL OF YOUR FELLOW SPEAKERS.

THERE SHOULD BE NO APPLAUSE, BOOING OR OTHER LOUD DISRUPTIONS TO THESE PROCEEDINGS.

ANY POSTERS OR OTHER MEANS OF VISUAL DISPLAY OF COMMENTS ARE NOT PROMOTED, PERMITTED IN THE BOARDROOM.

THE BOARD WILL NOT TOLERATE ANY PERSONAL ATTACKS BY ANYONE ON ANY OF THE PARTICIPANTS IN THESE PROCEEDINGS.

AND LASTLY, ANYONE WHO VIOLATES THESE GUIDELINES, UM, MAY BE ASKED TO LEAVE THE MEETING.

SO, WITH ALL THAT BEING SAID, WE'LL GO AHEAD AND, AND BEGIN.

SO OUR FIRST TOPIC

[C.1. Ordinance to Amend and Re-Ordain Section 160-62 of the Warren County Code - Caitlin Jordan, Senior Assistant County Attorney]

MS. JORDAN? YES, GOOD EVENING.

UM, ACCORDING TO VIRGINIA CODE SECTION 58.1 DASH 39 81, THE BOARD OF SUPERVISORS IS AUTHORIZED TO PERMIT THE TREASURER TO ISSUE REFUNDS FOR, UM, NO MORE THAN $10,000 FOR, UM, FOR ERRONEOUS ASSESSMENTS.

AND THAT IS WITHOUT THE BOARD OF SUPERVISOR'S ADDITIONAL APPROVAL.

CURRENTLY WE DO HAVE AN ORDINANCE THAT ALLOWS THE, THE TREASURER TO ISSUE THESE REFUNDS, BUT IT'S LIMITED AT 2,500.

UM, CONSIDERING THE, THE INFLATION RATES AND THE COST OF LIVING WHERE WE'RE AT NOW, UM, STAFF IS ASKING THAT THE BOARD INCREASED THAT TO THE PERMITTED RATE OF $10,000, UM, FOR THE TREASURER TO BE ABLE TO ISSUE THOSE REFUNDS.

THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED AND I'LL BE HAPPY TO GET ANSWER ANY ADDITIONAL QUESTIONS THE BOARD HAS.

THANK YOU VERY MUCH.

PUBLIC HEARING IS NOW OPEN.

SO IS THERE ANY QUESTIONS FROM THE BOARD?

[00:05:03]

DO WE HAVE ANYBO? OH, DO WE HAVE ANYBODY SIGNED UP FOR THIS? NO, MA'AM.

THANK YOU.

WOULD ANYBODY IN THE AUDITS LIKE TO SPEAK ON, ON THIS TOPIC? SECOND.

SECOND CALL.

THIS IS OUR LAST CALL.

THANK YOU VERY MUCH.

PUBLIC HEARING IS, IS, UH, IS CLOSED.

SO, UM, DO WE HAVE A MOTION? ADAM CHAIR, I MOVE THAT THE BOARD OF SUPERVISOR ADOPT A PROPOSED ORDINANCE TO AMEND AND RE ORDAIN SECTION ONE 60 DASH 62 OF THE WARREN COUNTY CODE.

YOU HAVE A SECOND, SECOND ROLL CALL PLEASE, MR. BUTLER.

AYE.

MRS. COLORS? AYE.

MADAME CHAIR? AYE.

MR. MABE? AYE.

VERY GOOD.

AND THE MOTION CARRIES.

NEXT ITEM

[C.2. Sale of County-Owned Real Property Located at 30 E Jackson Street - Alisa Scott, Finance Director]

THANK YOU MADAM CHAIR.

THE COUNTY HAS DETERMINED THAT IT'S PROPERTY LOCATED AT 30 EAST JACKSON STREET, FRONT ROW, VIRGINIA 22 6 30.

FURTHER IDENTIFIED AS TAX MAP NUMBER 28 7 4 39 A IS SIR SURPLUS PROPERTY OR OF EXCESS NEED.

THE POTENTIAL REVENUE TO BE DERIVED FROM THE SALE OF THE PROPERTY IS BETTER USE OF PUBLIC FUNDS THAN TO MAINTAIN OR IMPROVE THE PROPERTY IN ACCORDANCE WITH VA CODE 15.2 DASH 1800 COUNTIES, CITIES, AND TOWNS AS AMENDED, THE COUNTY OF WARREN MUST ADVERTISE AND HOLD A PUBLIC HEARING.

THIS REQUEST IS FOR PERMISSION TO ADVERTISE FOR PUBLIC HEARING.

I'M SORRY, THIS HAS BEEN PROPERLY ADVERTISED AND THE COUNTY HAS RECEIVED THREE OFFERS, 200,000 FROM TCG REAL ESTATE HOLDINGS, LLC, 185,000 FROM BAYOU LLC AND OR SIGNS AND 175,000 FROM TRANSFORMED DEVELOPMENT LLC AND OR ASSIGNS.

I'D BE HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU VERY MUCH.

SO THE PUBLIC HEARINGS ARE NOW OPEN.

IS THERE ANY DISCUSSION AT THE BOARD OR ANY QUESTIONS FOR MS. SCOTT? NOPE.

VERY WELL.

SO, UM, DO WE HAVE ANYONE SIGNED UP TO SPEAK? NO MA'AM.

NO.

THANK YOU.

ANYBODY IN THE AUDIENCE WOULD LIKE TO COME TO SPEAK? SECOND REQUEST.

ANYBODY? THIRD? VERY WELL, THANK YOU.

PUBLIC HEARING IS CLOSED.

SO DO WE HAVE A MOTION? MADAM CHAIR? I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE DISPOSITION OF, UH, 30 EAST JACKSON STREET FRONT, ROYAL VIRGINIA, UH, 2263 TAX MAP NUMBER, UH, 20, UH, A SEVEN A 39 A FOR A CONTRACT PRICE OF $200,000 TO T C G REAL ESTATE HOLDINGS, LLC AT CLOSING 30 EAST JACKSON L L C I FURTHER MOVED THE BOARD TO AUTHORIZE THE CHAIR AND COUNTY ADMINISTRATOR, EITHER OF WHOM MAY ACT TO EXECUTE ALL NECESSARY DOCUMENTS THAT HAVE BEEN APPROVED BY THE COUNTY ATTORNEY OR ASSISTANT COUNTY ATTORNEY.

THANK YOU.

DO WE HAVE A SECOND? SECOND MADAM CHAIR.

THANK YOU.

ROLL CALL PLEASE.

MR. MABE.

AYE.

MADAM CHAIR? AYE.

MRS. SKYS? AYE.

MR. BUTLER? AYE.

VERY WELL.

MOTION CARRIES.

NEXT ITEM

[C.3. Modification Request for Conditional Use Permit 97-11-01, Alan Munson for Commercial Campground, Canoeing, Boating (kayaking and inner-tubing) and Fishing Equipment Rental and Sales Located at 192 Panhandle Road and Identified on Tax Map 34 as Lot 3B - Chase Lenz, Zoning Administrator]

MR. LINZ.

THANK YOU MADAM CHAIR.

THE APPLICANT IS REQUESTING A MODIFICATION TO THEIR EXISTING CONDITIONAL USE PERMIT FOR THE LOW WATER BRIDGE COMMERCIAL CAMPGROUND.

THE PROPERTY IS CURRENTLY APPROVED FOR A TOTAL OF 60 CAMPSITES WITH A RESTRICTION FOR ALL RECREATIONAL VEHICLES TO BE ON SITE FOR LESS THAN 30 DAYS.

IN RESPONSE TO CONSISTENT REQUESTS FOR LONGER TERM RENTALS OF CAMPSITES.

OVER THE PAST SEVERAL CAMPING SEASONS, MR. MUNSON IS REQUESTING THE CONDITIONAL USE PERMIT BE MODIFIED TO ALLOW FOR A MAXIMUM OF 12 CAMPSITES TO BE USED FOR LONG TERM CAMPING AND PARKING OF RECREATIONAL VEHICLES UP TO A MAXIMUM OF 180 DAYS OR SIX MONTHS.

SO IN, UH, AMENDING SOME OF THE CONDITIONS, WE WERE ALSO, UM, AMENDED SOME OTHERS TO BRING THEM, UH, UP TO DATE WITH THE CURRENT CODE, UM, SPECIFICALLY OUR FLOODPLAIN REQUIREMENTS AND OTHER REQUIREMENTS RELATED TO RECREATIONAL VEHICLES.

UM, SO I'LL JUST GO THROUGH THE CHANGES.

SO CONDITION

[00:10:01]

THIS IS A CHANGE FROM THE FORMER ONE FOOT, WHICH WAS, UM, CHANGE TO 2.5 FEET EARLIER THIS YEAR.

CONDITION NUMBER SEVEN, NO MORE THAN 12 CAMPSITES SHALL BE USED FOR LONG-TERM RENTALS.

ALL RECREATIONAL VEHICLES PARKED ON THE LONG-TERM CAMPSITE SHALL BE ONSITE FOR LESS THAN 180 CONSECUTIVE CALENDAR DAYS IN ANY ONE YEAR AND SHALL BE REMOVED FOR THE REMAINDER OF THE YEAR.

ALL OTHER RECREATIONAL VEHICLES SHALL BE ONSITE FOR LESS THAN 30 DAYS.

ALL RECREATIONAL VEHICLES SHALL BE FULLY LICENSED AND READY FOR HIGHWAY USE.

AND IN OPERATIVE RECREATIONAL VEHICLES SHALL BE PROHIBITED.

RECREATIONAL VEHICLES SHALL NOT BE USED AS A PERMANENT DWELLING.

UM, WE'RE REQUESTING THAT CONDITION NINE BE STRUCK AS IT IS NOT ENFORCEABLE REGARDING THE IT NOT BEING ABLE TO BE TRANSFERRED.

UM, CONDITION NUMBER 11.

A BIANNUAL REVIEW OF THIS PERMIT SHALL BE CONDUCTED BY THE PLANNING DEPARTMENT STAFF.

THE APPLICANT SHALL KEEP A RECORD OF THE LENGTH OF TIME OF EACH RECREATIONAL VEHICLE IS PARKED ON THE CAMPGROUND, AND DOCUMENTATION SHALL BE PROVIDED TO PLANNING STAFF DURING THE BIANNUAL REVIEW.

SO, AS I MENTIONED, THE PROPOSED CHANGES TO CONDITION NUMBER SEVEN REFLECT THE CURRENT REQUIREMENTS FOR PARKING, STORAGE, AND USE OF RECREATIONAL VEHICLES WITHIN THE SPECIAL FLOOD HAZARD AREA.

AND THE PROPOSED CHANGE TO A BIANNUAL REVIEW OF THIS CONDITIONAL USE PERMIT UNDER CONDITION 11 WILL ALLOW PLANNING STAFF TO ALIGN WITH THE 180 DAY TIMEFRAME OF THE LONG TERM RENTALS TO ENSURE COMPLIANCE WITH THE, THE CONDITIONS.

UH, AND THE PROPOSED CHANGE TO CONDITION SIX COMPLIES WITH RECENT AMENDMENTS TO THE FLOW PLAN OVERLAY DISTRICT REGULATIONS.

UM, SO IF THE BOARD DETERMINES THAT THE PROPOSED CHANGE IN PERMITTED USES OF SUCH A NATURE THAT IT SHOULD BE APPROPRIATELY TREATED AS A NEW APPLICATION, THE REQUEST WILL BE RETURNED TO THE APPLICANT FOR SUBMISSION TO THE COUNTY AS A NEW APPLICATION.

IT IS MY OPINION THAT THE REQUEST IS NOT OF SUCH A NATURE THAT IT SHOULD BE TREATED AS A NEW APPLICATION SINCE IT IS A MODIFICATION TO THE CONDITIONS OF THE EXISTING USE.

A PUBLIC HEARING IS REQUIRED AS THE PROPOSED CHANGES TO THE CONDITIONS RELAXED, THE 30 DAY MAXIMUM TIMEFRAME FOR RECREATIONAL VEHICLES TO 180 DAYS FOR A PORTION OF THE CAMPGROUND.

THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED.

I BELIEVE THE APPLICANT IS HERE TONIGHT IF YOU HAVE ANY QUESTIONS.

THANK YOU.

OKAY, THANK YOU.

SO THE PUBLIC HEARING IS NOW OPEN, SO WOULD THE APPLICANT LIKE TO COME FORWARD AND SAY SOMETHING? NOPE, HE'S NOT HERE.

MAY HAVE BEEN MISTAKEN.

SORRY, .

THAT'S OKAY.

.

THAT'S FINE.

SO DO THE BOARS HAVE ANY QUESTIONS? YEAH, MADAME CHAIR.

UM, I, I DO THE, I'M KIND OF CURIOUS.

UH, THE, IT SAYS HERE THAT, UH, THE ON ON NUMBER SEVEN ON, UH, THAT, UH, UH, LONG-TERM CAMPSITE CAMPSITE SH SHALL, SHALL BE ON SITE FOR LESS THAN 180 CONSECUTIVE DAYS.

AND THEN, UH, IT SAYS HERE THE RECREATIONAL VEHICLE IS A PERMANENT THERE FOR SIX MONTHS.

THAT'S, THAT'S PRETTY CLOSE TO PERMANENT TO ME .

YEAH.

UM, THAT'S DEFINITELY THE CASE.

IT IS LONGER TERM THAN THE 30 DAYS THAT THEY'VE PREVIOUSLY BEEN APPROVED FOR, BUT I WILL MENTION THAT IT DOES ALIGN WITH THE CURRENT REQUIREMENTS FOR RECREATIONAL CAMPING IN THE FLOODPLAIN.

WE DO ALLOW UP TO SIX MONTHS.

THIS APPLIES TO PRIVATE USE AND I ACTUALLY BELIEVE THAT OTHER CON CONDITIONAL USE PERMITS FOR COMMERCIAL CAMPGROUNDS DON'T HAVE A LIMIT TO 30 DAYS.

SO, AND KIND OF BRINGS IT INTO PARODY WITH THE OTHERS AS WELL.

AND WE'VE ALSO, UH, BUILT IN THE BIANNUAL REVIEW TO ALLOW US TO MORE CLOSELY MONITOR THE LONGER THE LONG TERM RENTALS.

OKAY.

AND ALSO, I, I, I HAD A QUESTION IT, UH, SAID HERE ABOUT THE, LET ME SEE, WHAT WAS IT? IT WAS THE, YOU CAN'T BE THERE FOR MORE THAN 180 CONSECUTIVE DAYS, BUT, UH, IT ALSO TALKS ABOUT THE 30 DAYS.

SO COULD SOMEBODY, AND I KNOW THIS IS SPLITTING HERE, BUT COULD SOMEBODY BE THERE FOR 180 DAYS AND THEN MOVE TO THE, TO THE 30 DAY FOR, YOU KNOW, I DON'T KNOW WHY THEY DO THAT, BUT I WAS JUST WONDERING.

I'M SURE THEY COULD TRY.

UM, SO THAT PART OF THE DOCUMENTATION WE WILL REQUIRE THEM TO SUBMIT IS THE LICENSE PLATE.

SO WE'LL BE ABLE TO TRACK IF THEY JUST MOVE FROM ONE SPOT TO ANOTHER.

AND SO WHAT HAPPENS IF THEY VIOLATE THIS? UM, THEN WE WOULD TAKE IT THROUGH THE NORMAL PROCESS, UM, TO REQUEST REVOCATION IF NECESSARY.

UM, I BELIEVE HE'S HAD A PRETTY GOOD OPERATION IN THE PAST.

UM, NO COMPLAINTS.

UH, AND HE, HE ALREADY INDICATED THAT THEY KEEP THIS INFORMATION ALREADY, SO IT WON'T BE A NEW DOCUMENTATION PROCEDURE ON HIS END.

HE'LL JUST BE PROVIDING IT TO US ON A BIANNUAL BASIS.

OKAY.

I MIGHT JUST MENTION ALSO THAT OUR CODE ALLOWS BY RIGHT.

IN A AGRICULTURAL ZONING DISTRICT, PRIVATE USE CAMPING FOR RECREATIONAL USE UP TO 180,

[00:15:01]

OKAY.

ALSO, SO, AND JUST, UM, THIS IS IN MY AREA AND I DID GO LOOK AND TALK TO, UH, MR. MUNSON ABOUT THIS TO HAVE A GOOD UNDERSTANDING OF WHAT WE WERE DOING.

UM, I THINK ONE OF THE REASONS HE IS DOING THIS IS, UM, HE'S HAD A LOT OF TRAVELING NURSES.

UM, THEY, THEY, BECAUSE THEY TRAVEL A LOT, UM, THEY HAVE GOTTEN TO THE POINT WHERE THEY IN, UM, ACCOMMODATIONS FOR THEM ARE SO HARD TO COME BY THAT THEY'RE TRAVELING WITH A TRAVEL TRAILER.

SO THEN THEY NEED A PLACE TO BE ABLE TO PARK THE TRAVEL TRAILER.

AND, UM, GENERALLY OF A TRAVELING NURSE'S LENGTH OF TIME IS ANYWHERE FROM THREE TO SIX MONTHS.

THAT WAS THE EXPLANATION I GOT THAT HE HAD HAD A LOT OF REQUESTS, UM, FOR THAT AND, AND NOT ABLE TO ACCOMMODATE THEM, DID IT, SO TO SPEAK.

LIKE IT'S FOR A GOOD PURPOSE.

SO ARE THERE ANY OTHER QUESTIONS FROM THE BOARD? NO.

SO DO WE HAVE ANYBODY SIGNED UP TO SPEAK? NO, MA'AM.

VERY WELL.

SO ANYBODY IN THE AUDIENCE WOULD LIKE TO COME AND SPEAK? SECOND CALL.

ANYBODY THIRD CALL? VERY WELL.

PUBLIC HEARING IS CLOSED.

SO DO, DO WE HAVE A MOTION? I MOVE THE BOARD OF SUPERVISORS APPROVE THE REQUEST TO MODIFY THE CONDITIONS OF THE CONDITIONAL USE PERMIT.

97 11 DASH OH ONE FOR A COMMERCIAL CAMPGROUND AS REQUESTED BY THE APPLICANT AND RECOMMENDED BY STAFF.

THANK YOU.

DO WE HAVE A SECOND? SECOND ROLL CALL PLEASE.

MR. MABE? AYE.

MADAM CHAIR? AYE.

MRS. CUTS? AYE.

MR. BUTLER? AYE.

VERY WELL.

MOTION CARRIES.

NEXT ITEM ON

[C.4. Modification Request for Conditional Use Permit 2015-01-01, Gillian Greenfield & Richard Butcher for Private Use Camping (Non-Commercial) Located off Beech Road and Identified on Tax Map 13C, Section 1, Block 1, as Lot 206 - Chase Lenz, Zoning Administrator]

2015 DASH OH ONE DASH OH ONE GILLIAN GREENFIELD AND RICHARD BUTCHER FOR PRIVATE USE CAMPING NON-COMMERCIAL LOCATED OFF BEACH ROAD AND IDENTIFIED ON TAX MAP 13 C SECTION ONE, BLOCK ONE AS LOT 2 0 6 MR. LINZ.

THANK YOU MADAM CHAIR.

UM, THIS CONDITIONAL USE PERMIT WAS ORIGINALLY ISSUED IN 2015 TO MR. JOHN KOVAC.

MR. COVE'S INTENT IN APPLYING FOR THE CONDITIONAL USE PERMIT WAS TO CONSTRUCT A SMALL SHED FOR STORAGE OF TOOLS, CAMPING EQUIPMENT, AND RECREATIONAL EQUIPMENT, AND TO USE A LOT FOR RECREATIONAL TENT CAMPING AND PICNICS.

UM, DURING, DURING THE COURSE OF THE PUBLIC HEARINGS, THE SHANDO SHORES POA BOARD OF DIRECTORS SUBMIT A LETTER IN OPPOSITION TO THE CONDITIONAL USE PERMIT REFERENCING THEIR BYLAWS AND COVENANTS, UM, STATING THERE IS TO BE NO CAMPING WITHIN THE SUBDIVISION.

UH, THIS RESULTED IN THE ADDITION OF CONDITION NUMBER ONE, WHICH READS, PRIOR TO PRIVATE USE CAMPING AND PARKING OF CAMPERS OR RECREATIONAL VEHICLES, THE APPLICANT SHALL HAVE WRITTEN PERMISSION FROM THE SHENANDOAH SHORE'S POA TO CAMP AND SHALL PROVIDE A COPY OF THE LETTER TO PLANNING STAFF.

AND THIS WAS ADDED TO THE CONDITIONAL USE PERMIT PRIOR TO ITS APPROVAL BY THE BOARD OF SUPERVISORS.

AND DURING THE PUBLIC HEARING PLANNING STAFF DID REPORT THIS CONDITION, MITIGATES THE IMPACT ON THE CHARACTER OF THE SUBDIVISION BY RESTRICTING USE AND PARKING OF CAMPERS AND RECREATIONAL VEHICLES, WHILE ALLOWING FOR THE POA TO BE IN CONTROL OF WHETHER CAMPERS AND RECREATIONAL VEHICLES ARE ALLOWED IN THEIR SUBDIVISION.

UM, SO FOLLOWING MR. COVAS PASSING IN 2022, UM, MS. GREENFIELD, MR. BUTCHER PURCHASED THE PROPERTY.

UM, SO THEY HAVE SUBMITTED A LETTER TO US REQUESTING THE CONDITIONAL USE PERMIT, UH, BE UPDATED TO BE IN THEIR NAMES.

AND IN ADDITION TO THE NAME CHANGE, THEY'RE ALSO REQUESTING CONDITION NUMBER ONE TO BE REMOVED FROM THE CONDITIONAL USE PERMIT.

UH, AND AGAIN, THAT WAS A RESTRICTION ON, UM, PRIVATE USE CAMPING AND PARKING OF CAMPERS OR RECREATIONAL VEHICLES UNTIL WRITTEN PERMISSION IS PROVIDED BY THE SHENANDOAH SHORES POA.

SO THE ONLY CHANGE WOULD BE TO CROSS OUT CONDITION NUMBER ONE.

SO I DID RECEIVE A LETTER LATE ADDRESSED TO ME, UM, A COUPLE DAYS AGO.

UM, THEY DID SPECIFICALLY ASK THAT I READ THIS LETTER AT THE PUBLIC HEARING, SO I WILL GO AHEAD AND DO THAT.

UM, SO DEAR SIR, SHANDO SHORES IS A FAMILY-ORIENTED COMMUNITY AND IT'S PROPERTY OWNER'S ASSOCIATION IS COMMITTED TO MAINTAINING A SAFE PLACE FOR CHILDREN TO BE RAISED, FOR NEIGHBORS TO RESPECT ONE ANOTHER'S PROPERTY, AND FOR ESTABLISHING A SENSE OF COMMUNITY AND PERMANENCE AMONGST ITS OWNERS.

MY PARENTS AND I HAVE OWNED THE PROPERTY AT 175 BEACH ROAD FOR 59 YEARS.

IT HAS COME TO MY ATTENTION THAT A REQUEST HAS BEEN SUBMITTED TO MODIFY CONDITIONAL USE PERMIT 2 0 15 DASH ZERO ONE DASH ZERO ONE TO ALLOW PRIVATE USE CAMPING ON A PROPERTY.

JILLIAN GREENFIELD AND RICHARD BUTCHER HAVE RECENTLY ACQUIRED THE PROPERTY IS UNDER THE PROPERTY UNDER CONSIDERATION, IS LOCATED ON BEACH ROAD IN SHENANDOAH SHORES AND CONSISTS OF A SMALL A-FRAME STRUCTURE PREVIOUSLY PERMITTED BY

[00:20:01]

FIRST, THE PROPERTY IS ON THE FLOODPLAIN OF THE SHENANDOAH RIVER AND IT HAS NO WATER OR SEWER FACILITIES.

AND THAT IS WHY IT WAS ORIGINALLY ALLOWED ONLY FOR DAY USE.

THERE ARE NO PUBLIC FACILITIES IN THE SHORES FOR THE PROPERTY OWNER TO USE.

AND A NON PLUMMED BATHROOM SUCH AS A PORT-A-POTTY OR OUTHOUSE IS NOT ALLOWED.

AMONG OTHER THINGS, ANY CAMPING IN THE FLOODPLAIN WITHOUT APPROVED SANITARY FACILITIES WOULD ULTIMATELY CONTAMINATE THE RIVER.

SECOND CAMPING HAS NEVER BEEN ALLOWED IN SHENDO SHORES.

A PROTECTIVE COVENANT PROHIBITING CAMPING WAS INCLUDED WHEN DEVELOPMENT WAS FIRST ESTABLISHED IN THE 1950S.

AND IT CONTINUES TO BE ENFORCED.

THE COVENANT CAN ONLY BE CHANGED IF EVERY PROPERTY OWNER IN SHENDO SHORES AGREES, UH, MODIFYING THE CONDITIONAL USE PERMIT TO ALLOW FOR CAMPING SETS A DANGEROUS PRECEDENT THAT CONTRADICTS THE EXISTING PROTECTIVE COVENANT, AS WELL AS EVERYTHING THAT THE SHENDO SHORES COMMUNITY STANDS FOR.

THERE HAVE BEEN INCIDENCES SUCH AS IN THE 1980S WHEN SIGNIFICANT WEEKEND PARTYING OCCURRED ALONG THE WATERFRONT, AND ANOTHER INCIDENT MORE RECENTLY WHERE IT APPEARED THAT SOME DRUG TRAFFICKING MAY HAVE OCCURRED.

HOWEVER, THESE EFFORTS WERE STOPPED BY CONCERNED PROPERTY OWNERS AND SHENDO SHORES DOES NOT NEED TO HAVE FURTHER INCIDENTS THAT MAY ARISE FROM INCONSIDERATE CAMPERS.

IF YOU COMPARE SHENANDOAH SHORES TO SHENANDOAH FARMS, WHICH ALLOWS CAMPING, THERE IS A CLEAR DIFFERENCE.

SHENANDOAH FARMS HAS RUN DOWN MOBILE HOMES AND CAMPERS ALONG THE WATERFRONT, ATTRACTING PE, ATTRACTING PEOPLE WHO DO NOT WANT OR CARE ABOUT THEIR PROPERTY OR COMMUNITY.

THIS IS NOT SOMETHING THAT THE PROPERTY OWNERS OF SHENDO SHORES WANT.

THEREFORE, I ENCOURAGE THE COUNTY TO DISAPPROVE THIS MODIF MODIFICATION REQUEST FOR CAMPING SO THAT SHENDO SHORES CAN CONTINUE TO BE THE FAMILY-ORIENTED COMMUNITY THAT WARREN COUNTY CAN BE PROUD OF.

THANK YOU FOR YOUR TIME AND ATTENTION.

SINCERELY, JENNIFER THOMAS JAGGER.

AGAIN, THAT WAS 1 75 BEACH ROAD.

WE DID ALSO RECEIVE AN EMAIL FROM A ANOTHER NEIGHBOR, UM, WITH CONCERNS OVER FIRES THAT, UM, COME FROM CAMPERS, UH, IN DISRUPTING THE ECOSYSTEM DOWN THERE.

UM, AND ALSO WE RECEIVED LATE LAST NIGHT, UH, LETTER OR UH, AN EMAIL FROM ONE OF THE POA BOARD MEMBERS, WHICH HAS BEEN PROVIDED TO YOU AHEAD OF THE MEETING.

SO IN MS. GREENFIELD'S STATEMENT OF JUSTIFICATION, SHE CHALLENGES THE LEGAL STANDING AND AUTHORITY OF THE SHANDO SHORES POA TO ENFORCE ITS BYLAWS AND COVENANTS.

HOWEVER, THE ORIGINAL INTENT OF CONDITION NUMBER ONE IS TO MITIGATE THE IMPACT OF CAMPING AND STORAGE OF RECREATIONAL VEHICLES ON THE CHARACTER OF THE SHANDO SHORES COMMUNITY.

WARREN COUNTY CODE SECTION 180 DASH 63 STATES IN DETERMINING WHETHER OR NOT TO GRANT A PERMIT AND IN DETERMINING CONDITIONS TO BE IMPOSED, THE GOVERNING BODY SHALL TAKE INTO CONSIDERATION THE OBJECTIVES AND INTENT OF THIS CHAPTER AND MAY IMPOSE REASONABLE CONDITIONS THAT E PREVENT SUCH USE FROM CHANGING THE CHARACTER AND ESTABLISHED PATTERN OF DEVELOPMENT OF THE COMMUNITY.

THERE ARE CURRENTLY TWO CONDITIONAL USE PERMITS FOR PRIVATE USE CAMPING ISSUED TO PROPERTIES IN THE SHENDO SHORE SUBDIVISION, THIS BEING ONE OF THEM.

AND NEITHER PROPERTY IS USED FOR RECREATIONAL VEHICLE CAMPING OR STORAGE.

APPROVAL OF THIS MODIFICATION REQUEST CODE ESTABLISH A PRECEDENT OF THE VACANT RIVER LOTS IN THE SHENDO SHORES SUBDIVISION BEING USED FOR RECREATIONAL VEHICLE CAMPING AND STORAGE PLANNING STAFF IS RECOMMENDING THE DENIAL OF THIS MODIFICATION REQUEST BECAUSE OF THE POTENTIAL IMPACT ON THE CHARACTER OF THE SHANDO SHORES COMMUNITY.

IF THE BOARD DETERMINES THAT THE PROPOSED CHANGE IN USE IS OF SUCH A NATURE THAT IT SHOULD BE APPROPRIATELY TREATED AS A NEW APPLICATION, THE REQUEST WILL BE RETURNED TO THE APPLICANT FOR A SUBMISSION TO THE COUNTY AS A NEW APPLICATION.

IT IS MY OPINION, THE REQUEST IS NOT OF SUCH A NATURE THAT IT SHOULD BE TREATED AS A NEW APPLICATION SINCE IT IS A MODIFICATION TO THE CONDITIONS OF THE EXISTING USE.

A PUBLIC HEARING IS HOWEVER REQUIRED AS THE REMOVAL OF CONDITION NUMBER ONE WOULD CONSTITUTE A MATERIAL CHANGE SINCE IT WOULD ALLOW FOR THE CURRENTLY RESTRICTED PARKING AND USE OF RECREATIONAL VEHICLES ON, ON THAT LOT FOR PRIVATE USE.

CAMPING ON THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED.

I BELIEVE JASON PROPERTY OWNERS HAVE BEEN NOTIFIED AND MS. GREENFIELD IS HERE TONIGHT IF YOU HAVE ANY QUESTIONS.

THANK YOU.

THANK YOU.

SO THE PUBLIC HEARING IS NOW OPEN.

SO WOULD THE APPLICANT LIKE TO COME FORWARD TO SPEAK? UH, CAN I, UH, SPEAK AT THE END OF THE PUBLIC SPEECH OR, YES.

THAT'S PERMITABLE.

SHE, SHE, SHE SIGNED UP AND SHE'S AT THE BOTTOM OF THE LIST.

YEAH.

OH, OKAY.

ARE WE, ARE WE GOOD? YEAH.

UM, THE APPLICANT ALWAYS HAS THE ABILITY TO ADDRESS THE BOARD AFTER THE PUBLIC HEARING'S BEEN CLOSED TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE.

OKAY.

THANK FOR CLARIFY.

WONDERFUL.

THANK YOU.

UM, THEN I, SO I CAN SPEAK BEFORE AND AFTER.

UH, I'M, I'M GILLIAN GREENFIELD.

I AM THE OWNER OF THE PROPERTY.

UM, I THINK IT, IT'S IMPORTANT FOR ME TO ADDRESS UP UPFRONT ABOUT THE SENSITIVITY TO SETTING UP PRECEDENCE, A RESPECT THAT OUR COMMUNITY IS IMPORTANT TO

[00:25:01]

I AM ALSO A, UH, CONCERNED, UH, AND PARTICIPATING PROPERTY OWNER AS I HAVE ATTENDED EVERY POA MEETING OVER THE PAST TWO YEARS, WITH THE EXCEPTION OF THREE.

I AM VERY INVOLVED WITH THE COMMITTEE AND IT'S MY GOAL TO RISE UP THE COMMUNITY AND THAT INCLUDES EVERYONE WITHIN THE COMMUNITY IN PROTECTING PROPERTY RIGHTS AS WELL.

BUT WHAT'S UM, IMPORTANT TO POINT OUT IS I AM NOT HERE.

THIS IS A PRECEDENCE THAT YOU COULD STILL A CAMP IN GEN SHORES.

NO, NO.

WITH THIS WAS WRITTEN EIGHT YEARS AGO.

THE, THIS CONDITIONAL USE PERMIT WAS WRITTEN EIGHT YEARS AGO.

WHAT WE DO RIGHT NOW FOR THE PROCESS OF UNCONDITIONAL USE PERMITS IS WE GO BY THE, UH, DECISIONS BASED ON, UH, HEALTH AND WELFARE OF THE PROPERTY.

YOU ALREADY HAVE A PROCESS IN PLACE THROUGH YOUR PLANNING DEPARTMENT TO GOVERN PEOPLE LIKE ME AND PROPERTIES LIKE THIS.

WHAT I'M ASKING YOU TO DO IS EXTRACT FROM YOUR C U P, WHICH IS A, UH, UH, UH, A MUNICIPALITY GOVERNMENT DOCUMENT FROM A, UH, COA, A POA PERMISSION, AND A POA PERMISSION IS, UH, UH, AT THIS POINT WITH POA HAS BEEN, UH, IDENTIFIED, UH, WITH TWO ATTORNEYS, INCLUDING MS. WHITE FROM THE LAW FIRM OF THE COMMON INTEREST AM BUSMAN IN THE VIRGINIA DEPARTMENT OF PROFESSIONAL OCCUPATION REGULATION, IN ADDITION TO, UH, MCCARTHY MAKERS, UH, LAND ATTORNEY SPECIALISTS, UH, THAT THEY ARE, UH, UH, UH, QUESTIONABLE WITH, UH, ANY ENFORCEABLE ABILITY ON THE CNRS OTHER THAN THE ORIGINAL DATE OF DRAFTING.

THAT IS EVIDENCE TO WHY YOU WANNA DISCONNECT FROM, UH, MAKING ANY DECISION IN A C U P CITED IN A C P TO A POA GOVERNING BODY.

I'M ALREADY GOVERNED BY YOU, I'M ALREADY GOVERNED BY THEM, BUT YOU DON'T WANNA ATTACH YOUR DOCUMENT TO THEM.

WE DON'T DO THAT NOW WITH CS.

WE'RE JUST CORRECTING A DOCUMENT WHERE IT WAS DONE EIGHT YEARS AGO.

THAT'S ALL I'M ASKING.

JUST CORRECTING A DOCUMENT THAT WAS DONE EIGHT YEARS AGO.

OR I CAN BE GOVERNED SEPARATELY BY THEM AND GOVERNED SEPARATELY BY YOU.

THAT'S ALL.

THANK YOU.

SO DO WE HAVE ANYBODY? YE YES, MA'AM.

UH, CHARLES ROWLAND.

HOW YOU DOING? HI, I LIVE DOWN FROM THIS PROPERTY.

COULD YOU PLEASE STATE YOUR NAME AND MY NAME IS CHARLES ROWLAND.

MM-HMM.

.

I LIVE AT 5 91 BEACH ROAD, DOWN FROM THIS, RIGHT DOWN FROM THIS PROPERTY.

PROPERTY THREE OR FOUR LOTS.

FIVE LOTS MAYBE.

WELL, EVERY TIME A PROPERTY IS SOLD DOWN IN THE RIVER, IT NEVER FAILS.

THEY BRING CAMPERS IN AND A WHOLE BUNCH OF PARTIES.

I LIVE DOWN THERE, I WORKED ALL HOURS OF THE NIGHT AND DAY, DIFFERENT SCHEDULES.

AND I COME HOME AND THERE'S PEOPLE EVERYWHERE.

THEY HAVE BONFIRES.

I'M WORRIED THAT PROPERTY IS GONNA CATCH THE WOODS.

DON'T FIRE AND BURN MY HOUSE DOWN.

UH, I MEAN, THEY REALLY BE, I HAVE TO CALL THE FIRE DEPARTMENT.

THEY LEAVE THE FIRES WHEN THEY LEAVE.

THEY HAVE NO CONCERN OF THE AREA AROUND US.

I HOPE Y'ALL DENY THIS.

THANK YOU VERY MUCH.

THANK YOU.

DO WE HAVE ANYBODY ELSE SIGNED TO SPEAK? YES MA'AM.

EILEEN CORBIN.

HELLO.

GOOD EVENING.

HOW ARE Y'ALL? MY NAME IS EILEEN CORBIN.

I LIVE IN CURA SHORES.

THIS IS JUST A COMMUNITY, IT'S NOT A SPOT FOR CAMPING.

I'VE LIVED THERE FOR 42 YEARS.

IT HAS REALLY GROWN WITH A LOT OF HOUSES.

WE'VE ALSO HAVE A LOT OF LOTS THAT HAVE A LOT OF DEAD DEBRIS LAYING ON THE GROUND.

AND IF WE ALLOW CAMPING AND TENTS PUT IN, PEOPLE WILL JUST CLEAR OUT THEIR SPOT TO PUT THEIR TENT, BUILD A FIRE.

IT'S NOT LIKE BEING AT A CAMPSITE.

AT A CAMPSITE.

YOU HAVE HOSES WATER, YOU HAVE SECURITY GUARDS THAT RUN AROUND AND THEY CHECK AND MAKE SURE EVERYTHING'S OKAY AND THAT PEOPLE ARE OBEYING THE, THE RULES.

WE DON'T HAVE THAT.

IF YOU ALL ALLOW THIS TO GO ON, WHO IS GONNA POLICE OUR SUBDIVISION TO MAKE SURE THAT THESE FIRES ARE PUT OUT FROM THEIR FIRE PIT? EVERYBODY KNOWS WHEN YOU GO CAMPING, THEY HAVE A FIRE.

IT'S, IT'S A COMMON THING.

BUT WHO IS GONNA GO AROUND AND MAKE SURE THAT ALL THIS STUFF IS PUT OUT? AND THAT IS MY CONCERN FOR OUR COMMUNITY AND OUR HOUSES THAT PEOPLE LIVE IN EVERY DAY DOWN THERE.

IT'S NOT JUST A WEEKEND THING, IT'S OUR HOME.

IT'S OUR COMMUNITY.

AND I WISH THAT YOU ALL WOULD VOTE THIS.

NO.

THANK YOU.

THANK YOU.

DO WE HAVE ANYBODY ELSE SCHEDULED TO SPEAK? UH, YES, MADAM CHAIR.

I JUST HAVE A FIRST NAME HERE AND

[00:30:01]

OH, THANK YOU .

GOOD EVENING LADIES AND GENTLEMEN.

MY NAME IS ARI HEK.

IT IS MY LAST NAME .

I'M ONE OF THE BOARD MEMBERS OF THE SS P O A, BUT I'M ALSO A CONCERNED RESIDENT.

SO FIRST AND FOREMOST, I'M GONNA SPEAK AS JUST AS SUCH RESIDENT OF THE SHORE.

I BELIEVE THAT CAMPING SHOULD BE CONSIDERED AND ALLOWED IN THE SHORES UNDER SPECIFIC CONDITIONS AND RESTRICTIONS PER SE, NOT A FREE FALL.

SO I BELIEVE THIS SHOULD BE A SUBJECT TO BE VISIT IN THE FUTURE.

BUT IN RELATION TO THE EMAIL REFERRED BY THE GENTLEMAN, UH, UH, TO, UH, THE BOARD THAT, UH, THE ARTICLES COVENANT AND BYLAWS COMMITTEE CHAIRPERSON HAS SUBMITTED THAT, WHICH WE SPENT A GOOD CHUNK OF TIME LAST NIGHT TO ISSUE THE DOCUMENT SUBMITTED TO THIS BODY.

NOW WE REVIEWED SOME OF THE ALLEGATIONS AND OF MS. GREEN IN RELATION TO OUR POWER TO GOVERN.

I BELIEVE THERE'S SOME CONTRADICTION.

SOME OF THE DOCUMENTS, AND I THINK SHE HAS MARY TO HAVE HER QUESTIONS.

BUT THE LATEST DOCUMENTATION THAT WE DO HAVE ALLOW US TO, UH, ENFORCE, UH, THE BYLAWS.

BUT UNTIL IZED BY LEGAL COUNSEL AND WE COULD HAVE A BETTER POSITION TO REPLY TO THIS BOARD ABOUT OUR OFFICIAL POSITION RELATION TO THE REQUEST, I WOULD LIKE TO RESPECTFULLY REQUEST THIS BOARD, THIS BOARD TO TABLE THE SUBJECT UNTIL WE CAN GET PROPER LEGAL COUNSEL AND WE CAN APPROACH THIS MATTER WITH A BETTER STAND.

CAUSE I BELIEVE IF THAT GO FORWARD RIGHT NOW WITH OUR ABILITY TO GOVERN WITHIN THE SHORTS, THE BOUNDARIES OF THE SHORT, THAT MAY BECOME COMPLETELY OUTTA CONTROL.

SO UNTIL WE HAVE AN ANSWER, WHETHER OR NOT WE HAVE THE POWER TO ENFORCE, UH, THOSE, UH, UH, BYLAWS AND COVENANTS THAT WE'VE BEEN, UH, UH, GOVERNED UNDER SO FAR, BECAUSE THE LATEST ONE THAT WE HAVE AVAILABLE BY WE COULD REFER TO 1960 OF WHICH YOU MENTIONED THAT NO CAMPING.

IF WE GO PRIOR TO 1972 MENTIONED ON THE DOCUMENTATION BY MRS. GREEN, UH, I THINK WE CAN SAY THAT AFTER THAT THERE'S SOME CONTRADICTIONS THERE.

BY THE LATEST VERSION OF THE DOCUMENT THAT I HAVE IN MY POSSESSION THAT WE'VE BEEN USING TO GOVERN BY, IT STATES CLEARLY THAT WE DO HAVE THE POWER TO ENFORCE.

SO UNTIL WE CAN GET AN ANSWER, AN OFFICIAL ANSWER TO THIS MATTER, AND WE CAN OFFICIALLY NOTIFY THIS BOARD WITH OUR POSITION WITH LEGAL COUNSEL BEHIND US, I WOULD AGAIN APPRECIATE IF YOU TABLE THIS MATTER UNTIL WE CAN OFFICIALLY NOTIFY THIS BOARD IN RELATION TO WHAT WOULD BE OUR POWERS TO GOVERN OR ANY ENFORCEMENT.

BECAUSE CAMPING WITHOUT ENFORCEMENT, IT COULD BE COMPLETELY OUTTA CONTROL.

I APPRECIATE YOUR TIME.

THANK YOU VERY MUCH.

THANK YOU VERY MUCH.

IS THERE ANYBODY ELSE SIGNED UP TO SPEAK? NO, MA'AM.

IT WAS, UH, JILLIAN GREENFIELD, BUT SHE WAS WENT A PERFECT EXAMPLE.

IT'S A PERFECT EXAMPLE OF THE CONTRADICTION THAT POAS HAVE IN THEIR GOVERNING DOCUMENTS.

YOUR C U P AS IT'S WRITTEN IS BASICALLY ENFORCING A POA DOCUMENT BY THE COUNTY.

THESE DOCUMENTS ARE IN QUESTION 100% AS VERIFIED BY ARI ON THE BOARD.

THAT'S ACKNOWLEDGED.

OF COURSE, YOU WANT EXTRACT THIS FROM YOUR C U P I ALREADY HAVE HEALTH AND SAFETY IN EVERY OTHER LINE.

ITEM TWO THROUGH SEVEN TO GOVERN ME FOR CAMPING WOULD BE LEFT UP TO THE C U P TO THE COVENANT'S RESTRICTIONS.

AS YOU MAKE DECISIONS NOW WITH EVERYBODY THAT'S HERE TO GET A SHORT TERM RENTAL, YOU EXTRACT WHAT THE POA GOVERNS AND WHAT THE COUNTY GOVERNS TO FIX THIS DOCUMENT IS DOING THE SAME EXACT THING.

I'M NOT AN ADVOCATE FOR OVERNIGHT CAMPING AND SETTING FIRES ON MY PROPERTY.

THERE'S FIRES SET ALL SUMMER LONG WITH LONG-TERM RESIDENTS THERE.

NOBODY'S BURNED ANYTHING DOWN.

YOU COULD EXPECT NOTHING DIFFERENT THAN ME HAVING A CAMPFIRE THERE MYSELF.

THANK YOU.

SO IS THERE ANYBODY IN THE AUDIENCE WHO WOULD LIKE TO COME AND SPEAK SECOND? ANYBODY LAST CALL? VERY WELL.

PUBLIC HEARING IS NOW CLOSED.

SO DO WE HAVE ANY DISCUSSION AT THE BOARD? I I HAVE SOME QUESTIONS.

UM, OF, UM, MS. GREENFIELD, WHAT KIND OF, WHAT DO YOU PLAN TO DO THERE? IF, IS THIS SOMETHING YOU'RE GONNA OPEN UP TO THE PUBLIC OR YOU WANT THIS FOR YOUR OWN PERSONAL USE? UH, THANK YOU FOR THE QUESTION.

IT'S FOR MY OWN PERSONAL EXPERIENCE.

FAMILY FOR ME, IF I WERE TO ATTEMPT, UH, PERSON, I CAN'T

[00:35:01]

CAN YOU COME UP TO THE PODIUM PLEASE? I'M SORRY.

THANK YOU.

SUPERINTENDENT FOR FRIENDS AND FAMILY.

SO THAT'S, BUT GETTING A LETTER FROM THE POA IS, IS AN ISSUE.

UH, SO IT SHOULDN'T BE TIED TO THE CCEP P BECAUSE I'LL HAVE TO ABIDE BY WORKING WITH THE, WITH A COV WITH, UH, COVENANTS RESTRICTIONS AND THE BOARD SEPARATELY FROM WORKING WITH YOU AND ASKING YOUR PERMISSION TO AMEND MY C U P TO TOTALLY SEPARATE GOVERNING BODIES.

THAT'S WHAT THIS AMENDMENT WOULD DO.

SO, SO THIS IS A LOT, AND I'M TRYING TO VISUALIZE THIS, UM, BECAUSE I HAVE RIDDEN DOWN THERE AND I UNDERSTAND THAT THERE'S A ROAD, UM, THAT KIND OF DIVIDES THE, A GREEN AREA BETWEEN THE ROAD AND THE RIVER BANK AND THEN THERE'S HOUSES, UM, UP ON DEPENDING ON WHAT YOU'RE IN ON.

BUT SO THIS WOULD BE A LOT NEAR THE RIVERBANK THAT YOU'RE DISCUSSING? UM, THE LOT'S ACTUALLY ACROSS THE ROAD FROM THE RIVERBANK.

OKAY.

AND IT'S YOUR PERSONAL PROPERTY AND FOR YOUR PERSONAL USE AND YOU'RE NOT GONNA CORRECT RENT IT OUT TO ANYONE.

OKAY.

AND UH, AGAIN, THIS ISN'T ABOUT, UM, CHANGING WHAT I'M ALREADY SUPPOSED TO BE DOING.

IT'S JUST ABOUT CORRECTING A CONDITIONAL USE PERMIT THAT WAS WRITTEN EIGHT YEARS AGO.

THAT'S INCONSISTENT WITH THE WAY YOU CURRENTLY MAKE DECISIONS.

THANK YOU.

IS THERE ANY OTHER QUESTIONS? UH, MADAM CHAIR, IF I MAY.

UM, WE DID HAVE A PRIVATE USE CAMPING CONDITIONAL USE PERMIT EARLIER, WELL EARLY LAST YEAR.

NOW , UM, WHERE WE ACTUALLY ADDED A CONDITION AND IT READ THE USE OF MAJOR RECREATIONAL VEHICLES FOR PRIVATE USE.

CAMPING ON THE PROPERTY SHALL BE PROHIBITED.

SO IF WE WERE TO MODIFY THE EXISTING CONDITION TO SOMETHING THAT JUST RESTRICTS THE USE OF MAJOR RECREATIONAL VEHICLES, IT WOULD CUT OUT THAT LANGUAGE REQUIRING THE PO'S APPROVAL LETTER.

UM, BUT IT WOULD ALSO ADDRESS THE PLANNING'S CONCERNS WITH THE POTENTIAL IMPACT ON THE, DO YOU PLAN TO ASK THE QUESTION WHAT A MAJOR RECREATIONAL VEHICLE IS? AND, AND MY QUESTION WAS GONNA BE ARE YOU PLANNING TO USE ONE? SO , WELL, I'LL TELL YOU IN A MINUTE, BEAR WITH ME.

GOT THIS PRINTED ON LIKE SIZE FOUR FONT.

MAY I JUST GIVE YOU A LITTLE, LITTLE BIT OF THE HISTORY ON THIS, ON MR. KOVACS? UM, IT WAS SOMEWHAT OF A COMPROMISE BETWEEN THE APPLICANT, MR. KOVAC AND THE POA.

UH, MR. KOVACS REALLY PRIMARY INTENT WAS TO USE FOR DAY USE, UM, AND TO BE ABLE TO BUILD THE ACCESSORY STR STRUCTURE THAT HE BUILT, WHICH, UM, HE'S RE WAS REQUIRED TO HAVE A CONDITIONAL USED PERMIT PER R CODE IN THE FLOODPLAIN OVERLAY DISTRICT.

UM, HE AGREED TO THAT CONDITION.

THE POA WAS SATISFIED WITH THAT CONDITION.

IT GAVE THE POA AGAIN, IT DID GIVE THEM SOME SAY IN WHETHER HE COULD EVENTUALLY CAMP, BUT HE WAS SATISFIED WITH THAT CONDITION BASED ON WHAT HE WANTED TO USE THE LOT FOR ULTIMATELY.

AND SO, UH, AND AGAIN, THIS ALSO APPLIED TO ANOTHER LOT, TWO LOTS DOWN.

AGAIN, THEY WANTED TO JUST BASICALLY USE IT PRIMARILY FOR DAY USE, BUT TO BE ABLE TO HAVE THAT ACCESSORY STRUCTURE PLACE IN THAT LIGHT.

SO THAT WAS A PRINCIPLE REASON FOR THE APPLICATION, BOTH, BOTH OF THOSE APPLICANTS.

SO JUST A LITTLE BIT OF THAT HISTORY.

OKAY.

SO HAS THERE EVER BEEN ANY ISSUES THERE SINCE HE OWNED DURING HIS OWNERSHIP? AND THERE YOU GO.

I DON'T HAVE A HARP, BUT RIGHT, RIGHT.

SO, SO THE, NOW WHEN YOU SAY THAT IT WAS A, WHAT TYPE OF STRUCTURE DID YOU SAY IT WAS? A, AN ACCESSORY? IT'S AN ACCESSORY STRUCTURE.

IT'S A LITTLE, KINDA AN AFRAME SHED TYPE STRUCTURE.

CUSTOM BUILT.

AND, AND SO THIS, THIS AREA, IT IS ZONED FOR RESIDENTIAL? CORRECT.

AND SO THE RESIDENTIAL, I MEAN YOU CAN BUILD A HOUSE THERE AND LIVE IN THE HOUSE? CORRECT.

SO FOR THIS PARTICULAR LOT, UM, THE PORTION THAT'S FLAT NEAR THE RIVER IS ENTIRELY WITHIN THE FLOODPLAIN.

OKAY.

UM, SO IT COULD POTENTIALLY BE DEVELOPED, YOU'RE GONNA BE LOOKING AT QUITE A FEW REQUIREMENTS AND ELEVATION REQUIREMENTS.

OKAY.

TO GET IT UP OUT OF THE FLOODPLAIN AND ALSO TOWARD THE BACK OF, YOU MEAN LIKE PUT IT ON STILTS OR SOMETHING LIKE THAT? YEAH.

OKAY.

UM, AND TOWARD THE BACK OF THE PROPERTY, YOU'RE LOOKING AT SOME PRETTY SEVERE CHANGE IN ELEVATION.

IT WAS BASICALLY

[00:40:01]

THAT'S CORRECT.

AT THE TIME THAT YES, THIS IS CORRECT, BUT IT CURRENTLY IS NOT LIKELY.

SO THEN IF HE DECIDED TO BUILD A, A HOUSE AND HE BUILT IT WHERE THAT ACCESSORY STRUCTURE IS, HE COULD BUILD A HOUSE.

CORRECT.

CAN I MENTION IT? SO THESE LOTS ARE VERY SMALL LOTS.

THEY'RE BISECTED BY BEACH ROAD.

OKAY.

OKAY.

AND THERE'S A, THERE'S KIND OF A A, A GREEN AREA THERE AT THE RIVERBANK.

OKAY.

VERY SMALL AREA.

AND THEN THERE'S A FLAT AREA AND THEN THERE'S A HILLY AREA THAT'S VERY ROCKY AND PRETTY STEEP SLOPE.

THE ISSUE THAT WE'VE HAD, CUZ WE'VE ACTUALLY HAD SOMEBODY WANTING TO DO THIS YEARS AGO, THEY CAME THROUGH AND THE ISSUE WAS TO GET THE SEPTIC PERMIT AND THEY COULD NOT GET THE SEPTIC PERMIT FOR THAT LIE BECAUSE THE LOTS WERE SO SMALL AND APPARENTLY THEY DIDN'T PERK WELL.

AND THE PERSON WHO WAS GOING TO DO IT, IT WAS A VERY INTERESTING DESIGN.

HE WAS GONNA BUILD IT, YOU KNOW, TOWARD THE BACK OF THE PROPERTY, BUT THEY COULDN'T GET IT.

AND, AND SEPTIC SYSTEMS, YOU DON'T WANT TO DRIVE ON TOP OF YOUR SEPTIC SYSTEM.

YEAH.

OKAY.

AND THESE LIGHTS ARE REALLY THAT SMALL WHERE YOU'RE LITERALLY, YOU KNOW, PROBABLY GONNA BE FORCED TO DRIVE OR YOU'D HAVE TO BE VERY CAREFUL ABOUT WHERE YOU PARK YOUR VEHICLE.

SO, YOU KNOW, UNFORTUNATELY, YOU KNOW, THEY'RE REALLY FOR THE MOST PART LIMITED TO RECREATIONAL ROOMS. BUT TECHNICALLY THEY, WHETHER WE CAN USE OR WELL, IF THEORETICALLY WE COULD FIND, UH, UM, A SEPTIC OR A PERK.

I'M SORRY.

TECHNICALLY IT'S A RECREATION, IT'S A RESIDENTIAL LOT, BUT GIVEN THE NATURE OF THE LOT, THAT'S PROBABLY IMPOSSIBLE.

SO THE HIGHEST AND BEST USE IS EXACTLY WHAT IT IS RIGHT NOW WITH THE ANCILLARY STRUCTURE AND MY ABILITY TO ENJOY IT LIKE A REGULAR PROPERTY OWNER.

OKAY.

BUT, BUT WOULD THAT REQUIRE YOU TO STAY THERE OVERNIGHT? I DON'T ANTICIPATE STAYING OVERNIGHT, NO.

OH.

AND I BELIEVE AFTER SPEAKING WITH YOU, I'M NOT, I'M NOT SUPPOSED TO STAY OR I'M NOT ALLOWED TO STAY IN THE STRUCTURE.

OKAY.

SO THEN THAT'S IN, THAT'S IN THE LITTLE AFRAME THAT THEY'VE ALREADY GOT BUILT.

YOU CAN'T SPEND THE NIGHT THERE CUZ THERE'S NO WATER, THERE'S NO SANITARY YEAH.

THAT, THAT IT WOULD BE, YEAH.

AND IT WOULD, IT DOESN'T MEET BUILDING CODE OR ANYTHING LIKE THAT.

SO, UM, I MEAN, IT WOULD BE ADVANTAGEOUS TO HAVE IF YOU'RE CAN'T, IF YOU'RE PICNICKING THERE AND ALL OF A SUDDEN YOU GET A RAINSTORM AND YOU HAVE SOMETHING TO GO, YOU KNOW, I MEAN THAT'S, THAT'S IF YOU WANNA FLOAT ON THE RIVER AND YOU WANNA LOCK UP YOUR PURSE OR, OR FLOAT OR SOMETHING, YOU STICK IT IN THERE AND YOU LOCK IT UP.

SO THAT'S, SO, SO THEN, SO THEN IF THERE'S, IF YOU DON'T INTEND TO, TO STAY OVERNIGHT MM-HMM.

, YOU DON'T INTEND TO LIVE THERE, UH, AND, UH, YOU INTEND JUST TO BE THERE DURING THE DAY MM-HMM.

, THEN I DON'T QUITE UNDERSTAND WHAT THE ISSUE IS.

IT'S JUST TAKING NUMBER ONE OUT OF THE C P, WHICH IS BASICALLY ENFORCING THAT.

I HAVE TO GET A LETTER FROM THE POA, WHICH ARE TWO TOTALLY SEPARATE GOVERNING BODIES.

SO DID YOU FIND WHAT THE RECREATIONAL THING? YES.

SO MAJOR RECREATIONAL EQUIPMENT, TRAVEL TRAILERS, CAMPERS, PICKUP CAMPERS, MOTORIZED DWELLINGS, TENT TRAILERS, BOATS AND BOAT TRAILERS, JET SKIS, PONTOON BOATS, HOUSEBOATS AND THE LIKE.

AND THE TRAILERS CASES OR BOXES USED FOR TRANSPORTING SUCH RECREATIONAL EQUIPMENT, WHETHER OCCUPIED BY SUCH EQUIPMENT OR NOT.

TENTS ARE NOT DEFINED AS MAJOR RECREATIONAL EQUIPMENT.

YEAH.

I'M NOT GONNA DO ANY OF THIS MAJOR RECREATIONAL EQUIPMENT.

SO GETTING, GETTING BACK TO WHAT I WAS GETTING AT, WE COULD MODIFY CONDITION NUMBER ONE TO SIMPLY RESTRICT THE RECREATIONAL VEHICLES, WHICH WOULD REMOVE THE REQUIREMENT OF APPROVAL FROM THE POA, BUT ALSO RESTRICT THE STORAGE AND PART AND USE OF CAMPERS ON THE PROPERTY.

AND WITH THE REST OF THE CONDITIONAL USE PERMIT, WHICH I'M IT'S PERFECT TO STAY INTACT, ADDRESSES THINGS LIKE EVERYTHING HAS TO BE NEAT AND ORDERLY DURING THE TIME IT'S BEING USED.

UH, WE'LL HAVE TO COMPLY WITH HOW WARREN COUNTY HEALTH DEPARTMENT REGULATIONS, UM, IT'S REVIEWED ANNUALLY FOR COMPLIANCE.

UH, SH THE APPLICANT SHED SHALL BE FLOOD PROOFED AND ANCHORED TO MEET THE REQUIREMENTS, WHICH I BELIEVE IT IS.

AND THE APPLICANT SHALL PROVIDE A PORTABLE RESTROOM FACILITY DURING THE SEASONAL USE OF THE PROPERTY.

SO IN THE EVENT I DID WANT TO USE THE PROPERTY AND I WANTED TO PUT AN OUTHOUSE OUT THERE, I'D BE REQUIRED TO DO THAT AND I'D HAVE TO PROVIDE A SERVICE AGREEMENT.

I WON'T ANTICIPATE DOING THIS THING, BUT YOU ALREADY HAVE TWO THROUGH SEVEN THAT ADDRESSES THE HEALTH AND SAFETY OF USING THE LOT.

AND THAT'S ENTIRELY WHAT I BELIEVE

[00:45:01]

IS THERE ANY OTHER QUESTIONS MR. LINZ? COULD, COULD YOU EXPLAIN TO ME WHAT YOUR ALTERNATIVE WORDING WOULD BE AGAIN? YEAH, SO BASICALLY THE, IT WOULD BE TO CHANGE CONDITION NUMBER ONE TO READ THE PARKING AND USE OF MAJOR RECREATIONAL VEHICLES FOR PRIVATE USE.

CAMPING ON THE PROPERTY SHALL BE PROHIBITED.

IT TAKES RECREATIONAL VEHICLES OUT OF THE PICTURE.

DOES IT ALSO TAKE COMMERCIAL, UM, COMMERCIAL OPPORTUNITIES OUT OF THE EQUATION AS WELL? SO THAT IS COVERED BY THE DEFINITION OF THE USE PRIVATE USE CAMPING, UH, FORGO ANY COMMERCIAL, UM OKAY.

ASPECT TO IT.

YEAH, JUST WANT TO MAKE SURE THAT, THAT WE UNDERSTAND THAT.

MM-HMM.

, I HAVE A QUESTION, .

SO IS IT THAT, IS IT THAT, YOU KNOW THIS NUMBER ONE, IS IT WRITTEN PERMISSION FROM THE POA? IS WHAT IS PART OF YOUR ARGUMENT? CORRECT.

OKAY.

CORRECT.

UM, SO YOU HAVE NO PROBLEM WITH, UM, PRIOR, PRIOR TO PRIVATE USE? WELL, NOT THAT ONE, BUT YOU KNOW THAT YOU ARE CONSTRAINED WITH, UM, NOT THE PARKING OF CAMPERS AND RECREATION VEHICLES AND THIS IS ONLY FOR PUBLIC, ONLY FOR PRIVATE USE, CORRECT.