* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [A. Call to Order] [00:00:04] GOOD EVENING EVERYONE. WELCOME TO THE WARREN COUNTY BOARD OF SUPERVISORS PUBLIC HEARING, UM, FOR JULY 25TH, 2023. UM, I'D LIKE TO BEGIN WITH A MOMENT OF SILENCE. THANK YOU. I CALL THIS MEETING TO ORDER AND WOULD EVERYONE PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE? I PLEDGE ALLEGIANCE TO THE FLAG FLAG OF THE UNITED UNITED STATES OF AMERICA, AMERICA, AND TO THE REPUBLIC, REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDI WITH LIBERTY, JUSTICE, AND JUSTICE FOR ALL. THANK YOU. OKAY, ARE WE READY? THE, THE FIRST, UH, PUBLIC HEARING WE HAVE ON OUR AGENDA IS THE CONDITIONAL. OH. BEFORE I START, I GOTTA READ OUR GUIDELINES TO REMIND EVERYBODY, UH, WHAT ARE, UH, WHAT WE ARE GUIDELINES. THE PUBLIC HEARING IS AN OPPORTUNITY FOR THE PUBLIC TO DISCUSS THE MATTER THAT IS BEFORE THE BOARD FOR ACTION. THE PUBLIC HEARING IS NOT A DEBATE. ALL COMMENTS WILL BE DIRECTED TO THE BOARD OF SUPERVISORS AND NOT TO THE AUDIENCE. THE SPEAKERS SHALL HAVE THREE MINUTES TO SPEAK. PLEASE BE CONSIDERATE OF YOUR, OF YOUR FELLOW SPEAKERS. THERE SHALL BE NO APPLAUSE, BOOING, OR OTHER LOUD DISRUPTIONS TO THESE PROCEEDINGS. POSTERS AND OTHER MEANS OF VISUAL DISPLAY OF COMMENTS ARE NOT PERMITTED IN THE BOARD ROOM. THE BOARD WILL NOT TOLERATE PERSONAL ATTACKS BY ANYONE OF ANY OF THE PARTICIPANTS IN THESE PROCEEDINGS. ANYONE WHO VIOLATES THE GUIDELINES OF THE PUBLIC HEARING MAY BE ASKED TO LEAVE THE MEETING. THANK YOU. OKAY. [B. Public Hearing - Conditional Use Permit 2023-05-02, Bradly Winans for a Short-Term Tourist Rental - Chase Lenz] NOW WE'RE GONNA MOVE ON TO THE, THE FIRST CONDITIONAL USE PERMIT. 2023 DASH OH FIVE DASH OH TWO. CHASE. WHAT? NO, SORRY. ARE WE OKAY? YEP, WE'RE OKAY. I'M JUST CALLING CHASE. OH, OKAY. HOW THAT NO, I THOUGHT, OH, DID I MISS A STEP ? NO, NO, NO AHEAD. CONTINUE. IT'S OKAY. ARE WE, ARE WE IN CHASE? WE GOT IT. OKAY. ALRIGHT. ALRIGHT. A AGAIN, CONDITIONAL USE PERMIT. 2023 DASH OH FIVE DASH OH TWO BRADLEY WINDS FOR THE SHORT TERM TOURIST RENTAL. UM, MR. LINZ, THANK YOU AND APOLOGIES. NO WORRIES. THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT FOR SHORT-TERM TOURIST RENTAL FOR THE PROPERTY HE PURCHASED IN MAY OF 2022. THE OWNER WOULD LIKE TO MAKE HIS PROPERTY AVAILABLE FOR SHORT-TERM LODGING FOR VISITORS OF THE WARREN COUNTY AREA WHEN HE AND HIS TWO DAUGHTERS ARE NOT USING THE PROPERTY AS A RETREAT FROM THE HUSTLE AND BUSTLE FROM THE WASHINGTON DC AREA WHERE THEY PRIMARILY RESIDE. THE APPLICANT WILL MANAGE THE PROPERTY PERSONALLY WITH ASSISTANCE FROM LOCAL PROFESSIONAL SERVICES FOR TRASH DISPOSAL CLEANING AND MAINTENANCE. SO THE PROPERTY IS LOCATED IN THE SHENANDOAH FARM SUBDIVISIONS AND RESIDENTIAL ONE. THERE IS A HEALTH DEPARTMENT PERMIT FOR THIS PROPERTY ALLOWING A MAXIMUM OF FOUR OCCUPANTS FOR A TWO BEDROOM DWELLING. UM, THE APPLICANT HAS SUBMITTED DOCUMENTATION STATING HE INSTALLED EVERGREEN TREES ALONG THE BORDER OF THE PROPERTY FOR ADDITIONAL SCREENING AND PRIVACY. UH, AND THEY'VE ALSO INSTALLED EXTERIOR SECURITY CAMERAS AND LIGHTS AND HE HAS PROVIDED A PROPERTY MANAGEMENT PLAN. UM, BUT THE, THE APPLICANT IS REQUESTING A WAIVER TO THE 100 FOOT SETBACK AS THE DWELLING DOES NOT MEET THIS SETBACK. THE NEAREST DWELLING IS LOCATED 70 FEET TO THE EAST FROM THE DWELLING ON THE SUBJECT PROPERTY. THE APPLICANT HAS SUBMITTED DOCUMENTATION INDICATING HE'LL RESTRICT HIS GUESTS FROM ACCESSING THE EASTERN PORTION OF THE SUBJECT PROPERTY BEYOND THE DWELLING TO ADDRESS POTENTIAL PRIVACY CONCERNS FROM THE NEIGHBOR AND HIS GUESTS AND FOR THE RECOMMENDED CONDITIONS. I WILL GO AHEAD AND READ THROUGH ALL OF THEM FOR THIS FIRST REQUEST AND FOR ANY OTHER SHORT-TERM RENTALS WE HAVE TONIGHT. I WILL LET YOU KNOW WHEN THEY ARE STANDARD OR IF THERE'S SOMETHING DIFFERENT. SO, CONDITION NUMBER ONE, THE APPLICANT SHALL COMPLY WITH ALL WARREN COUNTY HEALTH DEPARTMENT, WARREN COUNTY BUILDING INSPECTIONS AND VIRGINIA STATEWIDE FIRE PREVENTION CODE REGULATIONS AND REQUIREMENTS. NUMBER TWO, THE MAXIMUM NUMBER OF OCCUPANTS SHALL NOT EXCEED THE SYSTEM CAPACITY AS DETERMINED BY THE HEALTH DEPARTMENT PERMIT PER WARREN COUNTY CODE SECTION 180 DASH 56.4 B. THE CERTIFICATE OF ZONING SHALL ONLY BE ISSUED WITH APPROVED HEALTH DEPARTMENT RECORDS. NUMBER THREE, THE APPLICANT SHALL HAVE THE WELL WATER TESTED ANNUALLY FOR E COLI AND COHOR BACTERIA, AND A COPY OF THE RESULTS SHALL BE SUBMITTED TO THE PLANNING AND HEALTH DEPARTMENTS. NUMBER FOUR, THE APPLICANT SHALL HAVE THE SEPTIC SYSTEM INSPECTED ANNUALLY BY A STATE LICENSED INSPECTOR AND A COPY OF THE RESULTS SHALL BE SUBMITTED TO THE PLANNING AND HEALTH DEPARTMENTS. THE SYSTEM SHALL ALSO BE SERVICED EVERY FIVE [00:05:01] YEARS AS RECOMMENDED BY THE HEALTH DEPARTMENT, AND A COPY OF THE SERVICE INVOICE SHALL BE PROVIDED TO THE PLANNING DEPARTMENT. NUMBER FIVE, THE DISCHARGE OF FIREARMS AND HUNTING ON THE PROPERTY BY GUESTS SHALL BE PROHIBITED. NUMBER SIX, THE USE OF ALL TERRAIN VEHICLES BY GUESTS ON THE PROPERTY AND WITHIN THE SUBDIVISION SHALL BE PROHIBITED. NUMBER SEVEN, OUTDOOR BURNING AND USE OF FIREWORKS BY GUESTS SHALL BE PROHIBITED. AND EIGHT, IF YOU CHOOSE TO WAIVE THE SETBACK, A WAIVER TO THE REQUIRED SETBACK OF 100 FEET TO NEIGHBORING DWELLING SHALL BE GRANTED FOR THE EXISTING 70 FOOT SETBACK TO THE DWELLING EAST OF THE SUBJECT PROPERTY. UM, THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED. ADJACENT PROPERTY OWNERS NOTIFIED THE PLANNING COMMISSION DURING THEIR PUBLIC HEARING. DID UNANIMOUSLY RECOMMEND DENIAL FOR THIS APPLICATION? I'M AVAILABLE IF YOU HAVE ANY QUESTIONS. THANK YOU. THANK YOU VERY MUCH. PUBLIC HEARING IS NOW OPEN. IS THE APPLICANT HERE, WOULD THEY LIKE TO COME AND SPEAK? MM-HMM. . OKAY. GOOD EVENING EVERYBODY. THANK YOU FOR ALLOWING ME TO BE HERE AND SPEAK. I'M THE OWNER BRADLEY WINANS AT 4 1 6 HOBBS KNB ROAD. UM, AS CHASE MENTIONED, I LIKE TO FREQUENT THE PROPERTY WITH MY DAUGHTERS. UM, THIS WEEKEND I WAS ACTUALLY UP HERE AND WITH SOME OF MY NEIGHBORS WHO PROVIDED THE SPORT, UM, DOCUMENTATION THAT YOU GUYS HOPEFULLY HAVE. UM, YOU KNOW, WE SPENT THE DAY SATURDAY FLOATING THE SHENANDOAH RIVER, SPENT THE DAY SUNDAY AT THE LOCAL WINERIES. SO I AM A, AN ACTIVE PARTICIPANT IN THE, UH, UM, ECONOMY UP HERE. SO THE FAMILY HERE TONIGHT IS GONNA FIGHT AGAINST MY PERMIT. THEY'LL TELL YOU THAT THEY'RE VERY SCARED FOR THEIR SAFETY. THEY'RE SCARED SOMEBODY WILL GET RUN OVER ON THE ROAD AND SCARED SOMEBODY'S KIDNAPPED THAT SOMEBODY'S CHILD WILL BE KIDNAPPED. UM, MY OTHER NEIGHBORS WHO WROTE THE SUPPORT LETTERS, I ACTUALLY HAVE VERY DEAR FRIENDSHIP WITH, AND THEY HAVE TWO DAUGHTERS JUST LIKE MYSELF. I BELIEVE THE FAMILY HERE TONIGHT WILL NOT HAVE EVIDENCE TO SUPPORT THEIR PARANOIA. SO THEIR ARGUMENT BASICALLY COMES DOWN TO WE JUST DON'T SUPPORT THIS, WHICH IS PERFECTLY FINE AND IT'S THEIR RIGHT TO FEEL THAT WAY. UM, FURTHERMORE, WITH THE 75 FOOT A HUNDRED FOOT RULE OR THE A HUNDRED FOOT RULE, MY PROPERTY DOES NOT FACE THEIRS. IT'S ACTUALLY FACES AWAY FROM THEIRS AND THEIRS DOES NOT FACE MINE EITHER. SO THERE'S REALLY ZERO INTERACTION BETWEEN ME OR MY GUESTS OR WHOEVER'S THERE AT THE PROPERTY. UM, IT'S BEEN PROVEN THAT WEEKEND RENTAL TRAFFIC IS LESS THAN PERMANENT RESIDENT TRAFFIC, SO THAT SHOULD TAKE CARE OF THE ROADS ISSUE. UM, I'D ALSO LIKE TO CITE, UM, A STUDY CONDUCTED BY THE AMERICAN ECONOMIC ASSOCIATION THAT WAS PUBLISHED IN SEPTEMBER OF 2020. AND IT SAYS, QUOTE, WE FIND CONSISTENT EVIDENCE THAT AIRBNB MEANINGFULLY REDUCES CRIME. IN PARTICULAR, A 10% INCREASE IN AIRBNB DECREASES THE LOCAL OR NEIGHBORHOOD LEVEL CRIME RATE BY 2.7%. THIS RESULT IS VERY STABLE AND ROBUST ACROSS DIFFERENT SPECIFICATIONS. I CAN SEND THAT SITE TO YOU ALSO IF YOU NEED. I CAREFULLY SCREEN MY GUESTS AND NOT BEHOLDEN TO THE FAIR HOUSING LAWS, MEANING THAT I CAN DENY BOOKING AT ANY TIME FOR ANY GIVEN REASON OR REMOVE A GUEST AT ANY TIME FOR NOT ABIDING BY THE RULES. THERE'S NO LEASE IN PLACE PROTECTING GUESTS AS THERE IS WITH A LONG-TERM RENTER IN VIRGINIA. IS THAT MY TIME? NO, NO, NO. YOU CAN CONTINUE. OKAY. THAT WAS MY COMPUTER. I APOLOGIZE. GOT YOU. . UM, I JUST WOULD LIKE TO SAY THAT I LOVE THE AREA AROUND HERE. I CAN SEE THAT THEY'RE WEARING A UNIFORM TO SHOW SERVICE. I GUESS I SHOULD JUST THROW OUT FOR THE RECORD THAT I HIT OVER 23 YEARS OF ACTIVE DUTY SERVICE THIS SPRING. SO I'M NOT IN UNIFORM, BUT , I AM ALSO A SERVICE MEMBER IF THAT MATTERS FOR ANY REASON. UM, THANK YOU VERY MUCH FOR YOUR CONSIDERATION. THANK YOU VERY MUCH. MR. HENDERSON, HAS ANYBODY SIGNED UP TO SPEAK? UH, KAITLYN RIZAL. GOOD EVENING. I'M KAITLYN RISD FROM THREE 90 HOBBS KNB ROAD. THE HOME THAT IS 70 FEET AWAY FROM THE HOUSE IN QUESTION, I WOULD LIKE TO ASK YOU TO VOTE TO DENY THE SHORT TERM RENTAL PERMIT. IF YOU COULD PLEASE OPEN THE BLUE FOLDERS THAT WERE IN FRONT OF YOU AND PULL OUT THE HANDOUTS ON THE LEFT HAND SIDE. AS I SPOKE AT THE PLANNING COMMISSION'S HEARING, HOBNOB ROAD IS A HALF MILE LONG DEAD END GRAVEL ROAD WITH A TIGHT-KNIT COMMUNITY. THERE ARE 11 PRIMARY RESIDENCES AND ALL OF THE NEIGHBORS KNOW EACH OTHER. WE ROUTINELY HAVE NEIGHBORS OVER FOR DINNER AND EVERY SO OFTEN A BLOCK PARTY. WE ARE ACTIVE MEMBERS IN OUR COMMUNITY. LAST THURSDAY, MY HUSBAND AND I WALKED THE STREET TO LET EVERYONE KNOW ABOUT THIS HEARING TONIGHT, THE NEIGHBORS WHO WERE HOME HAD NOTICED THE INCREASE IN TRAFFIC PAST THEIR HOMES AND IN LIEU OF ATTENDING TONIGHT SIGNED LETTERS ASKING YOU TO DENY THE PERMIT. HANDOUT NUMBER TWO HAS COPIES [00:10:01] OF THESE LETTERS. SHORTLY AFTER MR. WINANS PURCHASED THE PROPERTY IN MAY OF 2022, A NEIGHBOR NOTICED THE AIRBNB LISTING, WHICH IS THE THIRD HANDOUT IN THE TOP LEFT CORNER. YOU NOTICE THAT THERE ARE 40 REVIEWS WRITTEN AS OF JUNE 40 STAYS, OR SHOULD I SAY 40 RENTERS WHO TOOK THE TIME TO ACTUALLY SUBMIT A REVIEW IN CASE SOMETHING SHOULD HAPPEN. MY HUSBAND AND I BEGAN KEEPING A LOG OF THE RENTERS, WHICH IS IN HANDOUT NUMBER FOUR, JUST SO WE WOULD KNOW WHO WAS THERE WHEN. PLEASE NOTE THE SIX MOST RECENT RENTALS OCCURRING SINCE THE PRELIMINARY HEARING JUST LAST MONTH. IF YOU TURN TO HANDOUT NUMBER FIVE, I'M SORRY, I'M A TEACHER, SO IT'S LIKE EVERYTHING'S NUMBERED . IF YOU TURN TO HANDOUT NUMBER FIVE, WHICH IS THE LETTER MR. WINANS WROTE, PROPOSING HIS RENTAL IN THE BLUE HIGHLIGHTED SECTION, HE MENTIONS LIMITING USE OF THE EAST SIDE OF HIS PROPERTY. THE DISTANCE FROM THE CORNER OF HIS HOUSE TO MY GARDEN IS ONLY ABOUT 20 FEET AWAY. THE ORANGE SECTION STATES THAT MR. WINANS IS PLANTING EVERGREENS TO CREATE A NATURAL FENCE. IF YOU TURN TO THE ORANGE PAPER, YOU WILL SEE TWO PICTURES. THE TOP PICTURE DISPLAYS THE EAST SIDE WITH FIVE HOLLY TREES, WHICH ARE APPROXIMATELY TWO TO THREE FEET TALL. ALONG THE FRONT HE PLANTED SIX TREES, WHICH ARE CURRENTLY ON ABOUT A FOOT TALL. I MARKED THE BOTTOM PICTURE WITH DOTS SO YOU COULD CLEARLY IDENTIFY THE FOUR TREES ON THE LEFT SIDE OF THE DRIVEWAY. I DON'T FEEL SAFE WITH THE STRANGERS IN AND OUT. EVEN A NEIGHBOR WHO'S NOT EXACTLY OPPOSED TO THE RENTAL DOES NOT LIKE THE IDEA OF STRANGE CARS CRUISING UP AND DOWN A ROADS AND PARKING AT THE CUL-DE-SAC WAITING FOR THEIR CHECK-IN OR CHECKOUT TIMES. I'M AN ELEMENTARY TEACHER AND I ALSO WAITRESS AT CRACKER BARREL. MY HOME SHOULD BE A SAFE HAVEN. WHAT WOULD BE THE RESPONSE TIME IF SOMETHING SHOULD HAPPEN? WE HAD TWO DOGS RUNNING ACROSS OUR YARDS IN GERMAN SHEPHERD. GREAT DANES. THEY'RE KIND OF BIG, AND SO WE CALLED 9 1 1 AND ANIMAL CONTROL. YOU THREE MINUTES ARE UP. THANK YOU. THANK YOU FOR YOUR TIME. THANK YOU FOR YOUR TIME. MR. LANCE, DID YOU GET A COPY OF THIS AS WELL? VERY GOOD, THANK YOU. MR. ANDERSON, DO WE HAVE ANYBODY ELSE SIGNED UP TO SPEAK? UH, YES MA'AM. ZACHARY OL MADAM CHAIRMAN, MEMBERS OF THE BOARD OF SUPERVISORS. GOOD EVENING. MY NAME IS ZACHARY ROOSEVELT, ALSO RESIDING AT 3 9 0 HOBBS KNB ROAD. AND I WOULD LIKE YOU TO VOTE TO DENY THIS PERMIT FOR SHORT-TERM RENTALS AT 4 1 6 HOBBS KNB ROAD. AS MY WIFE HAS POINTED OUT, SAFETY IS A MAJOR CONCERN TO US. WE LIVE APPROXIMATELY 20 MINUTES OUT OF TOWN AND I WOULD HATE TO THINK ABOUT WHAT CAN HAPPEN IN THAT TIMEFRAME AS AN ACTIVE DUTY SERVICEMAN. I'M ACUTELY AWARE OF HOW SECONDS CAN MEAN THE DIFFERENCE BETWEEN LIFE AND DEATH IN AN EMERGENCY SITUATION. WHILE AIRBNB DOES VET THEIR CUSTOMERS, THIS VETTING IS MINIMAL AS THEY ONLY VERIFY THE PICTURE ON AN ID TO A SELFIE AND THE NAME ON AN ID TO THE NAME ON A CREDIT CARD, ANYONE CAN BE STAYING THERE. I WOULD LIKE TO NOTE THAT MR. WINANS HAS SIMULTANEOUSLY ASSERTED IN BOTH HIS LETTER TO THE FOR APPLYING FOR THIS PERMIT AND IN THE MEETING MINUTES FOR THE PLANNING COMMISSION, THAT HIS RENTERS USED THE ROAD BOTH MORE AND LESS THAN THE RESIDENCE OF POP SNOB ROAD. I WOULD ALSO LIKE ME TO NOTE THAT IF YOU REFER TO THE TAX MAP, MY WIFE PROVIDED EVERY RESIDENT WHO WAS OPPOSED TO THIS PERMIT, HIS RENTERS HAVE TO PASS BY THEIR HOUSE TO GET TO HIS PROPERTY WHILE OUT WALKING TO THE MAILBOX. ON NO LESS THAN FOUR SEPARATE OCCASIONS, I HAVE ALMOST BEEN RUN OVER BY MR. WIN'S RENTERS. I WAS ON THE SIDE OF THE ROAD. THESE RENTERS, THEY SPEED UP AND DOWN OUR GRAVEL ROAD AND THEY DRIVE WITH RECKLESS ABANDON. I'M NOT A BIG MAN, BUT I'M A LOT BIGGER THAN THE 2, 4, 5 YEAR OLDS WHO LIVE RIGHT ACROSS THE STREET FROM MY HOUSE OR THE SIX AND NINE YEAR OLDS LIVING DOWN THE ROAD. TO DATE. I HAVE SPOKEN WITH MR. WINANS APPROXIMATELY FOUR TIMES. OF THOSE FOUR TIMES HE HAS INITIATED THE CONVERSATION ONCE ON THAT OCCASION IN EARLY FEBRUARY, HE CAME TO OUR DOOR WITH A BRIBE AND A LETTER OF CONSENT THAT HE WANTED MY WIFE AND I TO SIGN FOR THIS VERY PERMIT. OUR NAMES WERE MISSPELLED ON THE LETTER AND MR. WINANS WAS APATHETIC TO OUR CONCERNS. THE SAME CONCERNS WE'RE BRINGING UP TONIGHT. SINCE THAT TIME, I HAVE SPOKEN TO THE COUNTY, MR. LEN IN PARTICULAR ON NUMEROUS OCCASIONS VIA EMAIL AND FACE-TO-FACE. NOW THE WARREN COUNTY CODE STIPULATES THIS IS [00:15:01] A ZONING VIOLATION AND THAT EACH DAY THE VIOLATION CONTINUES IS SAID TO BE A SEPARATE MISDEMEANOR BASED ON THE LOG MY WIFE IS PROVIDED. THAT'S 49 SEPARATE OFFENSES, 18 OF WHICH ARE SINCE THE PLANNING COMMISSION MEETING ON JUNE 14TH. THIS CAN ONLY BE DESCRIBED AS CONTEMPTUOUS. THE WARREN COUNTY VISION STATES THAT THE COUNTY WISHES TO MAINTAIN A SMALL TOWN CHARACTER UNDER RURAL LIFESTYLE. GRANTING THIS PERMIT WILL NOT ONLY BE COUNTER TO THAT VISION, BUT ALSO REWARD THE DISREGARD FOR THE RESIDENTS OF HOBNOB ROAD AND THE CONTEMPT FOR THE LAWS OF THE COMMONWEALTH OF VIRGINIA AND WARREN COUNTY. I WOULD LIKE TO ONCE AGAIN ASK TO DENY THIS PERMIT, THIS REP. THANK YOU VERY MUCH MR. HENDERSON. IS THERE ANYBODY ELSE? NO, MA'AM. IS THERE ANYBODY IN THE AUDIENCE WHO'D LIKE TO SPEAK? YES SIR. HELLO. HI, MY NAME'S TOM SHALIN AND I OWN THE PROPERTY ADJACENT TO THE HOMEOWNERS . AND THE REASON I'M SPEAKING TONIGHT DENIED THIS PERMIT IS NUMEROUS TIMES YOUR PEOPLE. THAT RENTAL THOSE PLACE HAS BEEN THOSE. UM, CAN YOU, UM, ADDRESS OKAY, THE BOARD THANK YOU IN THE WOODS BELONG TO ME. YOU NOTICE IT'S A, IT'S WELL POSTED IN IT'S WALKWAYS, YOU KNOW, PATHWAYS THROUGH THE WOODS THAT I CUT MYSELF AND I RUN 'EM OFF AND THEY'VE BEEN RENTING THIS GUY'S HOUSE. SO ALL I'M SAYING IS I DON'T NEED THAT AND PEOPLE JUST SEEM TO HAVE NO RESPECT FOR MY PROPERTY, SO THAT'S WHY I'M SAYING IT'S A BAD MOVE TO, UH, RENT THIS HOUSE. MM-HMM. . THAT'S IT. THANK YOU. MM-HMM. , IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WOULD LIKE TO SPEAK? JUST ONE MOMENT. SECOND CALL, THIRD CALL. IF THE APPLICANT, WOULD YOU LIKE TO COME UP AND SAY A FINAL WORD? YES. THANK YOU FOR LETTING ME ADDRESS, UH, ONE MORE TIME. MY NAME IS BRADLEY WINANS. I'M THE OWNER HOMEOWNER AT 4 1 6 HOBNOB. UM, TO THE GENTLEMAN ACROSS THE WOODS THAT APPARENTLY SAYS MY RENTERS ARE ON HIS PROPERTY, I HAVE NO IDEA ABOUT THAT. I WISH I WOULD'VE KNOWN SOONER. UM, HOWEVER, I HAVE NO, I NO WAY OF EITHER CONFIRMING OR DENYING. HOWEVER, I CAN SAY PER THE, UH, SINCE THE PLANNING, COMMITTING MEETING, MY LISTING HAS BEEN DELISTED FROM AIRBNB. I TOLD MR. LENS THAT THE FEW THAT WERE STILL, THAT PREVIOUSLY BOOKED, I COULDN'T CANCEL THEM. AND THE LAST SIX THAT MY NEIGHBORS ARE REFERRING TO WERE NOT RENTERS. THEY WERE FRIENDS AND NEIGHBORS FROM MY NEIGHBORHOOD WHO WERE STAYING THERE BECAUSE NOBODY ELSE WAS. UM, SO THAT THOSE WERE NOT RENTERS. THANK YOU. THANK YOU. OKAY. NO OTHER PUBLIC SPEAKING PUBLIC HEARING IS NOW CLOSED. SO, UM, ANY QUESTIONS FROM THE BOARD TO ADDRESS? YES, I, I I HAVE A QUESTION AND THIS IS FOR THE HOMEOWNER. THE, UH, UH, AND MR. MR. LINZ CAN PROBABLY HELP ALSO ON THIS. HOW, HOW LONG HAD YOU BEEN RENTING THIS BEFORE YOU PUT AN APPLICATION FOR THE, UH, UH, FOR, FOR THE, YES, SIR. SO I HAD STARTED RENTING THIS IN JUNE OF LAST SUMMER. OKAY. AND THEN, AND, AND THE NAIVE, OR I WAS NAIVE IN KNOWING THAT I HAD TO DO THIS, SO I BOUGHT THE HOUSE. I SAID, OKAY, COOL, THIS IS IN THE COUNTRY. I'M GONNA START DOING THIS. AND THEN I WAS TOLD ABOUT, UM, THAT LAST FALL, THAT, AND MEANWHILE I WAS PAYING THE OCCUPANT OCCUPANCY TAX, THE HOSPITALITY TAX. I HAD THAT EVER SINCE DAY ONE. UM, SO THEN I CALLED AND I TALKED TO MR. CHASE LENS AND HE HAD MENTIONED THAT I, I NEVER SAID LIKE, HEY, I'M ACTIVELY RENTING IT NOW. I JUST SAID, HEY, I'M A PERSON THAT'S SHORT TERM RENTING AND I WANT TO GET LEGAL WITH THE COUNTY. AND HE SAID, HE MENTIONED THAT THERE WERE SOME DECISIONS THAT HADN'T BEEN MADE AND THE RULES MAY CHANGE, SO I MIGHT WANT TO SAVE MY $500 AND JUST HOLD OFF TO SEE WHAT HAPPENS. I THEN CALLED BACK JANUARY OR FEBRUARY TIMEFRAME AND SAID, YOU KNOW WHAT? I JUST WANT TO GET THIS OVER WITH, UM, AND NOT WAIT AROUND, UH, DURING THIS ENTIRE TIME, I ACTUALLY DIDN'T KNOW THAT I WASN'T SUPPOSED TO BE RENTING IT. I THOUGHT THAT THE COUNTY WOULD BE HAPPY THAT I WAS GOING AHEAD AND MAKING IT LEGAL. UM, AT THE SAME TIME AND THROUGH CONSULTATION WITH MY REALTOR, I WAS JUST FOLLOWING WHAT SHE WAS RECOMMENDING ME DO. SO, AND, UH, I KNOW THAT YOUR NEIGHBORS, UH, ARE IN THE NAVY. WHAT SERVICE ARE YOU IN? COAST [00:20:01] GUARD? YEAH, COAST GUARD. OKAY, THANK YOU. ANY FURTHER QUESTIONS? OKAY, ANY OTHER QUESTIONS? NO. SO, UM, MR. LINS THE PANIC, UM, WHY DID THE PLANNING COMMISSION DENY THIS? IS IT THEY WERE CONCERNED WITH THE SETBACK NOT BEING MET, THE SETBACK AND THE NEIGHBOR WITHIN THE SETBACK BEING OPPOSED TO THE, THE PROPOSED USE? OKAY, THANK YOU. NO OTHER QUESTIONS? NOPE. SO DO WE HAVE A MOTION? DO WE HAVE A MOTION? ARE WE JUST LOOKING? ADAM CHAIR? I MOVE THAT THE BOARD OF SUPERVISOR TO DENY, DENY THE CONDITIONAL USE PERMIT REQUEST BY BRANDY WINDS. THANK YOU. WE HAVE A SECOND, SECOND ROLL CALL PLEASE. MR. MAYB? AYE. MRS. OATES? NO. MADAM CHAIR? NO. MRS. CUTS. AYE. MR. BUTLER? AYE. THANK YOU. MOTION CARRIES. [C. Public Hearing - Conditional Use Permit 2023-05-05, Nancy Hilliard for a Short-Term Tourist Rental - Chase Lenz] NEXT ITEM ON THE AGENDA IS, UH, CONDITIONAL USE PERMIT 2023 DASH OH FIVE DASH OH FIVE NANCY HILLIARD FOR A SHORT TERM TOURIST RENTAL. MR. LINZ, THANK YOU. THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT FOR A SHORT-TERM TOURIST RENTAL FOR THE PROPERTIES SHE PURCHASED IN AUGUST OF 2022. THE HONOR WOULD LIKE TO MAKE HER PROPERTY AVAILABLE FOR SHORT-TERM LODGING FOR VISITORS OF THE WARREN COUNTY AREA WHEN SHE AND HER FAMILY ARE NOT USING IT AS A SECOND HOME. THE APPLICANT WILL MANAGE THE PROPERTY PERSONALLY WITH ASSISTANCE FROM LOCAL PROFESSIONAL SERVICES FOR TRASH DISPOSAL CLEANING AND MAINTENANCE. THIS PROPERTY IS LOCATED IN THE BLUE MOUNTAIN SUBDIVISION ZONE RESIDENTIAL ONE COMMENTS WERE REQUESTED FROM THE BLUE MOUNTAIN P O A BOARD OF DIRECTORS. UM, THEY SUBMITTED COMMENTS STATING THEY HAVE NO OBJECTION TO THE APPROVAL OF THE APPLICATION. THE DWELLING IS APPROVED BY THE HEALTH DEPARTMENT FOR A MAXIMUM OF FOUR OCCUPANTS, TWO BEDROOMS, AND WE HAVE RECEIVED A PROPERTY MANAGEMENT PLAN FOR THIS. AND IT ALSO MEETS THE 100 FOOT SETBACK FROM NEIGHBORING DWELLINGS WITH THE NEAREST DWELLING LOCATED 118 FEET TO THE SOUTH. AND IT IS THE STANDARD RECOMMENDED CONDITIONS THAT WE ARE RECOMMENDING WITHOUT THE SETBACK WAIVER. THANK YOU. THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNERS NOTIFIED. UH, AND IF YOU HAVE ANY QUESTIONS, I'M AVAILABLE. THANK YOU VERY MUCH. PUBLIC HEARING'S NOW OPEN. IS THE APPLICANT HERE IF YOU WOULD LIKE TO SPEAK? SURE. I THANK YOU. MM-HMM. ? UM, I JUST WANTED TO SAY THAT I HAVE, UH, BEEN USING THIS HO THIS AS A FAMILY GETAWAY HOME FOR MYSELF AND MY THREE CHILDREN. AND I'VE HAD RECENT FINANCIAL, UM, HARDSHIPS THAT HAVE COME, MEDICAL BILLS THAT ARE COMING DUE, UM, FOR TWO OF MY CHILDREN. SOME THINGS I NEED TO GET DONE, UM, IN THE FALL. AND I DECIDED TO PUT MY PROPERTY FOR, TO AS SHORT TERM RENTAL TO HELP, UM, WITH THOSE FINANCIAL BURDENS WHEN WE'RE NOT USING IT. UM, I HAVE WILL HAVE A PROPERTY MANAGER ON THE MOUNTAIN HELPING ME MANAGE IT. I WILL BE PERSONALLY VETTING EVERY PERSON THAT, UM, RENTS MY HOME. IT IS A HOME AND, UH, WE'VE PUT A LOT OF WORK AND ENERGY INTO IT. WE WILL HAVE SECURITY NOISE MONITORING AND THE MAXIMUM CAPACITY WILL BE FULL. EXCUSE ME. UM, IT HAS A LONG DRIVEWAY. I DON'T EXPECT THERE TO BE MANY CARS. UM, I'M FRIENDLY WITH MY NEIGHBOR, UM, WHO'S ALSO AGREED, SAID THAT SHE WOULD KEEP AN EYE ON THE HOUSE IF, UM, SHE SAW ANYTHING AS WELL. SO, UM, THANK YOU. IS THERE ANY OTHER QUESTIONS? ANY QUESTIONS FOR THE APPLICANT? NO. OKAY. THANK YOU. THANK YOU. MR. HENDERSON, HAS ANYBODY SIGNED UP TO SPEAK? NO, MA'AM. IS THERE ANYONE IN THE AUDIENCE WHO'D LIKE TO SPEAK SECOND CALL. LAST AND FINAL CALL. PUBLIC HEARING IS NOW CLOSED. DO WE HAVE A MOTION? I HAVE A QUESTION. OH, I'M SO SORRY. NO WORRIES. UM, MAYBE IT'S JUST A, UM, TYPO OR JUST SOMETHING THAT I MISSED SOMEWHERE ALONG THE WAY THAT, BUT IS THIS PROPERTY SUPPOSED TO HAVE A LANDLINE? I MEAN, IT, IT STATES IT IN THE APPLICATION, BUT IT DOESN'T, UH, SHE'S, SHE BASICALLY SAID, IF I REMEMBER WRITING YOUR READING, UH, THAT YOU DIDN'T HAVE A LANDLINE. NO, I TALKED IF, WOULD YOU PLEASE, UH, [00:25:01] I'M SORRY MA'AM. JUST, JUST A FORMALITY QUESTION IS ALL I'M LOOKING FOR. YEAH. UH, IF YOU CAN COME TO THE PODIUM AND SO SET SO EVERYONE CAN HEAR YOUR ANSWER. THAT'S ALL. THANK YOU SO MUCH. HAPPY TO PUT A LANDLINE IN IF I HAVE TO. UM, BUT I WAS UNDER THE IMPRESSION THAT I DIDN'T NEED ONE. YEAH, WE HAD DISCUSSED THE OPTION FOR A VOICEOVER INTERNET PROTOCOL THROUGH THE WIFI THAT SHE COULD PURSUE. IT'S KIND OF A MORE MODERN APPROACH TO HAVING A PHYSICAL AS OPPOSED TO HAVING A PHYSICAL LANDLINE PHONE. OKAY. YOU ANSWERED MY QUESTION. I APPRECIATE IT. OH, AND FOR THE RECORD, THE PLANNING COMMISSION DID UNANIMOUSLY RECOMMEND APPROVAL FOR THIS APPLICATION. THANK YOU. JUST ONE MINUTE. IS THERE ANY OTHER QUESTIONS THAT WE HAVE FOR THE APPLICANT WHILE SHE'S HERE? NOPE. OKAY. DO WE HAVE A MOTION? MADAM CHAIR MOVE THAT THE BOARD OF SUPERVISORS APPROVED THE CONDITIONAL USE PERMIT OF NANCY HOLLARD FOR A SHORT TERM TAURIST RENTAL WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF. THANK YOU. DO WE HAVE A SECOND? SECOND ROLL CALL PLEASE. MR. BUTLER? AYE. MRS. CU AYE. MADAM CHAIR? AYE. MRS. OATS? AYE. MR. MAY AYE. THANK YOU. MOVE IT ON. YOUR NEXT ITEM [D. Public Hearing - Conditional Use Permit 2023-05-06, Erica Baker & Richard Case for a Short-Term Tourist Rental - Chase Lenz] IS A CONDITIONAL USE PERMIT. 2023 DASH OH FIVE DASH OH SIX. ERICA BAKER AND RICHARD CASE FOR A SHORT TERM RENTAL. SHORT-TERM TOURIST RENTAL. MR. LINZ, I'M GONNA PASS THIS TO CAITLIN AND THEN SHE'S GONNA PASS IT BACK. OKAY. VERY GOOD. UH, YES. STAFF JUST RECENTLY BECAME AWARE THAT THE ADDRESS THAT WAS LISTED IN THE LETTER THAT WAS SENT TO ADJACENT PROPERTY OWNERS HAD THE CORRECT HOUSE NUMBER BUT DID LIST THE INCORRECT STREET NAME. UM, SO BECAUSE OF THIS, THE RECOMMENDATION TO THE BOARD IS TO STILL HOLD THE PUBLIC HEARING FOR ANYONE HERE WHO WISHES TO SPEAK ON THIS MATTER, UM, TO OPEN AND CLOSE THE PUBLIC HEARING, BUT THEN, UH, RECOMMEND THAT THE BOARD TABLE, UM, TABLE ANY VOTE THAT IS MADE. UH, STAFF WILL THEN, UH, RE ADVERTISE FOR THE PUBLIC HEARING AND WE WILL HAVE ANOTHER PUBLIC HEARING COMING BACK. THANK YOU VERY MUCH. SO IS THE APPLICANT HERE? YES. OH, LET ME OPEN UP THE PUBLIC. COULD I OPEN THE PUBLIC HEARING? I'M OPENING IT UP AGAIN. , COME ON UP. GOOD. MY NAME IS ERICA BAKER. UM, AND YES, UNFORTUNATELY I RECEIVED THAT LETTER IN THE MAIL FRIDAY. I SENT IT TO CHASE ASKING IF THIS WERE CORRECT BECAUSE IT HAD A DIFFERENT STREET NAME. I JUST FOUND OUT WALKING IN HERE THAT THAT WAS THEIR RECOMMENDATION AND I WOULD REALLY LIKE TO ASK THE BOARD TO RECONSIDER, UM, THAT, BECAUSE WHEN I WAS HERE THE LAST TIME, NONE OF THE NEIGHBORS CAME. THEY'RE ALL DELIGHTFUL. UM, THEY ALL SUPPORT IT. OBVIOUSLY THIS IS THEIR CHANCE TO SHOWCASE IF THEY DON'T, BUT, UH, THE LAST HEARING, THEY DID NOT COME WITH ANY CONCERNS. UM, SO I DO ASK TO TAKE THAT INTO CONSIDERATION WITH POSTPONING IT ANOTHER MONTH. BUT, UM, WE LOVE IT. WE'VE BEEN STAYING THERE. WE'VE GOT A LONG DRIVEWAY. IT'S RIGHT NEXT TO A PUBLIC BOAT RAMP. UM, RIGHT ON THE WATER THERE. THE GENTLEMAN WE BOUGHT FROM OWNS THE TWO PROPERTIES ACROSS FROM US. WE SEE HIM OFTEN AND, UH, THE LOT TO OUR LEFT IS VACANT. NO HOUSE ON IT. SO THANK YOU FOR YOUR TIME AND LET ME KNOW IF YOU HAVE ANY QUESTIONS. THANK YOU. THANK, THANK YOU. MR. LYNCH, DID YOU WANNA ADD ANY, TO ANYTHING TO THE C U P? YEAH, I'LL JUST RUN THROUGH THE OKAY. THANK YOU. STAFF REPORT BRIEFLY. UH, SO THE APPLICANTS ARE REQUESTING A CONDITIONAL USE PERMIT FOR SHORT TERM TOURIST RENTAL FOR THE PROPERTY THEY PURCHASED IN APRIL OF THIS YEAR. AND WANNA MAKE THE PROPERTY AVAILABLE FOR SHORT-TERM LODGING FOR VISITORS OF THE WARREN COUNTY AREA WHEN THEY'RE NOT USING, USING IT AS A WEEKLY GETAWAY. THE EXPERIENCE MANAGING REAL ESTATE, THE APPLICANTS WILL MANAGE THE PROPERTY PERSONALLY WITH ASSISTANCE FROM LOCAL CONTACTS FOR TRASH DISPOSAL CLEANING AND MAINTENANCE PROPERTY IS LOCATED IN THE SHENANDOAH FARMS RIVERVIEW SECTION. UM, IT IS ADJACENT TO THE FARMS RIVERVIEW PUBLIC BOAT LANDING. UH, IT'S ENTIRELY IN THE FLOODWAY AS A A RIVER LOT AND IT IS AN ELEVATED HOUSE. IT LOOKS KIND OF COOL. UM, THE HEALTH DEPARTMENT HAS A PERMIT FOR THE PROPERTY APPROVING A MAXIMUM OF FOUR OCCUPANTS OR TWO BEDROOM DWELLING. THE PROPERTY MANAGEMENT PLAN HAS BEEN PROVIDED AND THE DWELLING DOES MEET THE 100 FOOT SETBACK REQUIREMENT FROM NEIGHBORING DWELLINGS WITH THE NEAREST DWELLING LOCATED 307 FEET TO THE SOUTH. AND JUST TO NOTE, UH, DUE TO THE SETBACK REQUIREMENT FROM THE FLOODWAY, THERE WILL NOT BE A HOUSE BUILT CLOSER TO IT AT ANY POINT UNLESS THE CODE CHANGES. UH, IT IS THE STANDARD RECOMMENDED CONDITIONS FOR THIS REQUEST AND AS YOU KNOW, THE PUBLIC HEARING WAS NOT PROPERLY ADVERTISED. , UH, BUT I HAVE ANY, I WILL ANSWER ANY QUESTIONS YOU HAVE. THANK YOU. OKAY, THANK YOU. IS THERE ANY QUESTIONS FROM THE BOARD BEFORE WE MOVE ON? I JUST HAVE ONE SINCE THIS IS IN THE FLOODPLAIN. IF A FLOOD CAME THROUGH AND TOOK IT, TAKES IT OUT, IT CAN'T BE REPLACED, CORRECT? THAT'S CORRECT. IF IT IS SUBSTANTIALLY DAMAGED, UH, THEN IT WOULD HAVE TO BE BROUGHT [00:30:01] INTO COMPLIANCE SINCE THE ENTIRE PROPERTY IS IN THE FLOOD WAY, UM, THERE, THERE WOULDN'T BE AN OPTION FOR BUILDING IT IN COMPLIANCE. OKAY, THANK YOU. ANY OTHER QUESTIONS? MADAM CHAIR? I THINK THAT THE, THAT THE APPLICANT WAS RAISING HER HAND. OH, WELL I'M ASKING FOR THE BOARDS RIGHT NOW. SO I HAVE A QUESTION. IF WE, SO NO ONE OBJECTED LAST TIME. SHE DOESN'T ANTICIPATE IT. IS THERE A LEGAL IMPLICATION FOR US TO GO AHEAD AND VOTE ON IT TONIGHT OR BECAUSE OF THE ADDRESS? UM, IN CORRECTION? UH, YES. THE LEGAL RECOMMENDATION OF THE, THE ADDRESS, 'CAUSE THE ADDRESS WAS NOT, WAS IN AN ERROR, WAS AN ERROR. LEGALLY, THE RECOMMENDATION IS THAT THE MOTION BE TABLED AND THE, UH, BOARD NOT TAKE ACTION ON THIS TONIGHT. OKAY. MR. MAID, DID YOU HAVE ANYTHING? SHE ANSWERED IT. OH, . VERY GOOD. SO MR. HENDERSON, DO WE HAVE ANYBODY SIGNED UP FOR NO MA'AM. NO. IS THERE ANYBODY IN THE AUDIENCE LES THE APPLICANT? SECOND CALL. FINAL CALL? UM, YES MA'AM. DO, UH, YOU CAN COME. I DID WANT TO NOTE THAT WE DO HAVE FLOOD INSURANCE. I DON'T KNOW IF THAT MATTERS, BUT, OKAY. UM, AND THEN I THINK YOU HAD MENTIONED THAT IT WAS PROPERLY ADVERTISED IN THE AD AND SOMEWHERE ELSE IT WAS JUST THE LETTER. DO YOU KNOW IF IT WAS INCORRECT TO ALL OF THOSE NEIGHBORS OR JUST TO ME, IS THERE A WAY TO FIND THAT OUT? I DO NOT. I DO NOT KNOW ABOUT THE LETTER. I DID, UH, FIND A NEWSPAPER FROM LAST TUESDAY, UH, FORTUNATELY IN THE RECYCLING BIN. UM, AND IT WAS PROPERLY ADVERTISED IN THE NEWSPAPER. IT'S JUST THE ADJACENT PROPERTY OWNER LETTER THAT HAD THE ADDRESS MISLABELED. MM-HMM. HOW MANY LETTERS THERE WAS AND THE PROPERTY WAS POSTED WITH THE PUBLIC HEARING SITE. YEAH, I THINK THERE WAS ONLY FOUR BECAUSE IT'S THE EMPTY LOT. AND THEN BO ACROSS THE WAY WHO OWNS BOTH OF THOSE, WHO I BOUGHT IT FROM AND THEN THE, UM, FARM AND THEN THE PUBLIC BOAT RAMP, I THINK WAS, THAT'S WHO I THOUGHT IT WAS ALL ADVERTISED TO BECAUSE THERE'S, I THINK WE'RE 400 FEET OR JUST ABOUT 400 FEET FROM THE CLOSEST HOUSE. MAY, MAY I INTERJECT? UH, ABSOLUTELY. THIS PROPERTY, UH, WAS BUILT BY MR. WELCH, UH, BO WELCH. MM-HMM. , AND HE SOLD IT TO HER. HE OWNS TWO RENTALS ACROSS THE STREET THAT HE RENTS LONG-TERM, I BELIEVE. UM, THE ADJACENT PROPERTY TO, IF YOU'RE LOOKING AT IT TO THE LEFT, IS THE, THE BOAT LANDING OWNED BY THE COUNTY. THE, UH, PROPERTY TO THE RIGHT IS A PROPERTY OWNED BY AARON HEKE, WHO IS A LOCAL CONTRACTOR, AND HE HAS A CONDITIONAL USE PERMIT FOR PRIVATE USE CAMPING. THERE IS A NON-CONFORMING STRUCTURE THERE THAT CAN'T BE EXPANDED ON OR ANYTHING LIKE THAT, BUT IT'S USED FOR THE PRIVATE USE CAMPING. UM, THIS HOUSE WAS BUILT DURING A TIME WHEN OUR CODE ALLOWED FOR CONSTRUCTION IN THE FLOODWAY, BUT WE, IN 2013, WE AMENDED THAT THAT CODE SECTION AND, UH, TOOK THAT OUT OF, OUT OF THE CODE SECTION, UH, BASED ON FEMA'S RECOMMENDATIONS. SO THAT'S ONE REASON WHY YOU, YOU HAVE THIS IN JUST A HANDFUL OF OTHER HOUSES, WHICH ACTUALLY MR. WELCH BUILT A COUPLE OF THEM. MM-HMM. . SO, UM, AGAIN, MR. WELCH LIVES ACROSS THE STREET, SOLD IT TO HER. AND, UM, MR. HEKE IS REALLY THE ONLY OTHER PERSON WHO MAY OR MAY NOT HAVE A SAY IN THIS, BUT HE ALSO HAS A CONDITIONAL USE PERMIT FOR, UH, SHORT-TERM TOURIST RENTAL OFF OF PINE RIDGE, I THINK, UH, DOWN NEAR BECKWITH AT. RIGHT. SO JUST TO LET YOU KNOW A LITTLE BIT OF HISTORY. YEAH. OKAY. THANK YOU. THANK, THANK YOU. THANK YOU. THANK YOU. ALL RIGHT. THANK YOU MR. WINING FOR THE BACKSTORY. IT'S VERY HELPFUL. ALL RIGHT. SO DO WE HAVE A MOTION TO TABLE? MADAM CHAIR? I'M SORRY? DID YOU CLOSE THE PUBLIC HEARING? OH, NO, I DIDN'T. THANK YOU FOR REMINDING ME. SURE. PUBLIC HEARING IS NOW CLOSED. THANK YOU. SO IS THERE A MOTION I MOVE? WE TABLE THIS UNTIL THE PROPER ADVERTISEMENT IS DONE. THANK YOU. SECOND, SECOND. ROLL CALL PLEASE. MR. MEB. UH, ALRIGHT, MRS. OATS, I APOLOGIZE. MS. BAKER, THIS IS PRIME TIME AND I KNOW THAT, BUT I'M GONNA HAVE TO SAY I MYSELF. MADAM CHAIR. AYE. MRS. GUTS? AYE. MR. BUTLER? AYE. THANK YOU. MOVING TO THE NEXT [E. Public Hearing - Proposed Amendment to Warren County Code Section 179-12H to Amend Wells and Sewage Disposal Systems Variance Application Fee Language - Chase Lenz - Chase Lenz, Zoning Administrator] ITEM IS A, UH, [00:35:01] PROPOSED PROPOSED A AMEND AMENDMENT TO THE WARREN COUNTY CODE SECTIONS 1 79 DASH 12 H TO AMEND WELLS AND SEWAGE DISPOSAL SYSTEMS VARIANCE APPLICATION FEE LANGUAGE. MR. THANK YOU MADAM CHAIR, INCLUDING YOUR PACKET. THERE'S A DRAFT ORDINANCE TO AMEND WARREN COUNTY CODE SECTION 1 79 DASH 12 H TO UPDATE THE LANGUAGE IDENTIFYING THE APPLICATION FEE AMOUNT FOR A WELL OR A SEWAGE DISPOSAL SYSTEM VARIANCE. UH, THE BOARD OF SUPERVISORS ADOPTED THE NEW PLANNING DEPARTMENT FEE SCHEDULE ON JUNE 27TH, 2023. UH, THIS CODE SECTION IDENTIFIES A $100 APPLICATION FEE FOR ANY VARIANCE APPLICATION FOR A WELL OR SEWAGE DISPOSAL SYSTEM. AND THE NEW, UH, FEE SCHEDULE INCLUDES AN INCREASE OF THIS FEE TO 200, UH, TO AVOID FUTURE TEXT AMENDMENTS. THIS CODE SECTION FOR FUTURE FEE SCHEDULE UPDATES PLANNING STAFF IS RECOMMENDING THE LANGUAGE, IDENTIFYING THE FEE AMOUNT BE REPLACED WITH A REFERENCE TO THE CURRENT FEE SCHEDULE AS ADOPTED BY THE BOARD OF SUPERVISORS MAKING IT KIND OF STANDARDIZED LANGUAGE THAT WOULDN'T NEED TO BE UPDATED. THE, THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED. THANK YOU. THANK YOU. PUBLIC HEARING IS OPEN. IS THERE ANY QUESTIONS FROM THE BOARD? NOPE. SO THE ONLY TRUE CHANGE IS THAT WE'RE JUST GONNA CHANGE IT TO THE CURRENT FEE. SO IN LIEU OF CHANGING IT FROM 100 TO 200, WE'RE JUST CHANGING IT TO SAY WHAT THE, THE FEE SCHEDULE SAYS. OKAY. UM, SO IT'S JUST GONNA REFERENCE THE FEE SCHEDULE. PEOPLE COULD SEE THE FEE SCHEDULE AND THEY'LL SEE THAT IT'S A $200 APPLICATION FEE. BUT WE ARE ESSENTIALLY TAKING TWO ACTIONS. ONE TO INCREASE THE FEE AND ONE TO CHANGE. NO, I, I APOLOGIZE. THE FEE SCHEDULE WAS ADOPTED. OKAY. SO THE FEE RIGHT NOW IS 200, BUT THE CODE IS IN CONFLICT WITH THAT. THANK YOU. SO WE'RE, WE'RE TRYING TO CORRECT THAT. OKAY. THAT'S THE CLARITY I WAS LOOKING FOR. THANK YOU. ANY OTHER QUESTIONS? MR. LENZ? HAS ANYBODY SIGNED UP? NO, MA'AM. HENDERSON, WHAT DID I CALL YOU? LANCE? I APOLOGIZE. , IS THERE ANYBODY IN THE AUDIENCE THAT WOULD LIKE TO COME TO SPEAK? SECOND CALL. FINAL CALL. PUBLIC HEARING IS NOW CLOSED. DO WE HAVE A MOTION? I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE PROPOSED AMENDMENT TO WARREN COUNTY CODE SECTION 1 79 DASH 12 H TO AMEND THE LANGUAGE REGARDING THE APPLICATION FEE FOR A WELL OR SEWAGE DISPOSAL SYSTEM VARIANCE APPLICATION. THANK YOU. DO WE HAVE A SECOND? SECOND ROLL CALL PLEASE. MR. BUTLER? AYE. MRS. COLOR? AYE. MADAM CHAIR? AYE. MRS. OATS? AYE. MR. MAID? AYE. THANK YOU. UH, EXCUSE ME. BEFORE WE MOVE ON TO THE NEXT ONE, COULD WE POSSIBLY TO, TO EXPEDITE THIS FOR MS. BAKER, COULD WE POSSIBLY HAND DELIVER LETTERS BY THE END OF THIS WEEK AND GET THIS ON FOR OUR NEXT VOTING MEETING SO THAT SHE DOESN'T HAVE TO WAIT A MONTH? SINCE IT WAS OUR MISTAKE? I BELIEVE THE EARLIEST WE COULD GET MS. BAKER BACK WOULD ACTUALLY BE AUGUST 15TH. I WAS JUST SPEAKING WITH, UM, UM, MS. MEADOWS ABOUT THAT. UM, BECAUSE NORMALLY WE HAVE THEM ON THE FOURTH TUESDAY, BUT WE ARE ALREADY LOOKING AT HAVING ANOTHER PUBLIC HEARING ON THE 15TH, AND SO MAYBE WE COULD GET HER IN A WEEK EARLIER. UM, THAT WILL HAVE TO BE RUN BY DR. DALEY, BUT THAT WOULD BE BECAUSE THE ADVERTISING REQUIREMENTS THAT WOULD ENSURE THAT WE MET ALL OF THE REQUIREMENTS AND WE CAN MOVE FORWARD SO WE COULDN'T HAND DELIVER THEM, SAY, IN THE NEXT TWO DAYS AND MEET THAT TO GET HER ON FOR NEXT TUESDAY. WE HAVE TO ADVERTISE WITHIN SEVEN DAYS, WHICH MEANS THAT WE COULDN'T GET THE ADVERTISEMENT BACK TO, UM, TO THE NEWSPAPER BY AUGUST. WE, WE WOULD, THE EARLIEST WE COULD DO IT WAS TOMORROW, WHICH WOULDN'T MEET THE SEVEN DAY REQUIREMENT FOR THE AUGUST 1ST MEETING. OKAY. I WAS THINKING SINCE WE MET THAT THE FIRST TIME, MAYBE THE ONLY THING WE HAD TO DO WAS THE LETTERS. I DIDN'T REALIZE WE NEEDED TO DO THAT. YES. WE'LL HAVE TO RE RE ADVERTISE EVERYTHING, INCLUDING THE PAPERS AND POSTING THE PROPERTY. SO AS SOONEST WOULD BE WHAT DAY? AUGUST 15TH. OKAY, THANK YOU. SORRY. IF WE COULD TARGET THAT FOR HER, THAT WOULD BE IDEAL, I THINK. THANK YOU. ANY OTHER QUESTIONS? NO OTHER COMMENTS. OKAY. MOVING ON. [F. Public Hearing - Conditional Use Permit CUP2023-05-04 – David A. Downes for a Short Term Tourist Rental - Matt Wendling] NEXT ITEM IS A CONDITIONAL USE PERMIT, C U P 2023 DASH OH FIVE DASH OH FOUR DAVID A. DOWNS FOR SHORT TERM TUR TERRA RENTAL. MR. WILDING, YES, PROPERTY IS LOCATED AT 1 25 FREEZE ROAD IDENTIFIED ON TAX MAP 23 C. UH, SECTION TWO BLOCK TWO IS LOT 1 68 A PROPERTY IS LOCATED IN SHENDO FARMS MOUNTAIN VIEW SECTION. UH, THE APPLICANT IS, UH, APPLYING FOR THIS ON BEHALF OF HIS, UH, THE ESTATE OF A [00:40:01] CLOSE FRIEND WHO IS NOW DECEASED AND, AND AS A REPRESENTATIVE OF HIS FRIEND'S DAUGHTER. UH, PROPERTY WAS PURCHASED IN 2018 BY DECEASED FATHER AND UNCLE OF THE CHILD. THE PRO THE, THE PERMIT WOULD ALLOW FOR THE APPLICANT TO GENERATE INCOME ON THE PROPERTY UNTIL THE DAUGHTER TURNS 21 YEARS OLD AND RELOCATES TO THE UNITED STATES FROM THE PHILIPPINES. THE APPLICANT WOULD LIKE TO MAKE THE PROPERTY AVAILABLE FOR SHORT-TERM LODGING FOR GUESTS IN MOIN COUNTY. UM, ON, UH, REVIEW, UH, BY LEGAL OF THIS APPLICATION, UM, OUR LEGAL, UH, IDENTIFIED THAT THIS APPLICANT DOES NOT HAVE CURRENTLY HAVE LEGAL AUTHORITY TO APPLY FOR THIS AS AN ADMINISTRATOR TO THE ESTATE. UH, HE WOULD HAVE TO BE THE EXECUTOR OR LEGAL GUARDIAN OF THE A OF, UH, THE PERSON. UM, IN MY CONVERSATIONS WITH MR. DOWNS VIA EMAIL, HE'S WORKING ON DOING THAT NOW. BUT, UM, LEGAL RECOMMEND, LEGAL RECOMMENDS THAT IN LIEU OF MOVING THIS, UH, FOR MAKING A, A DECISION ON THIS, THAT IT BE TABLED. BUT HE HAD NO ISSUES WITH HAVING A PUBLIC HEARING AT THIS TIME. UH, WE DID RECEIVE A LETTER FROM CONCERNED NEIGHBOR REGARDING, UM, UH, THE SEPTIC SYSTEM AND THE INSPECTION OF THE SEPTIC SYSTEM. HE HAD, THEY HAD CONCERNS THAT THE, UH, PLUMBING COMPANY COMPANY WAS NOT AUTHORIZED, UM, AND HAD A, AND, UH, HAD A DEPORT LICENSE SUSPENDED. SO, UH, TYPICALLY I'LL JUST MENTION WITH THOSE ITEMS THAT'S A POST-APPROVAL PROCESS ITEM, BLESS, WE WOULD REQUEST AND REQUIRE THAT, UH, TO BE SUBMITTED TO US, UM, AFTER THE APPROVAL WAS DONE. THEY TEND TO BE, IT CAN BE A LITTLE EXPENSIVE TO HAVE DONE. UH, IT IS AN OLDER SYSTEM BASED ON WHAT THE LETTER SAYS. UM, I'M SURE THAT, UH, THE APPLICANT WOULD NOT HAVE AN ISSUE COMPLYING WITH THAT IF IT WAS MOVED FORWARD AT SOME POINT IN TIME WITH APPROVAL. UM, THIS, UH, THE CONDITIONS WE'RE RECOMMENDING ARE THE STANDARD CONDITIONS FOR CONDITIONAL USE PERMITS FOR THE, UH, UM, PROPERTY. AND IT DOES MEET THE SETBACK. IT'S 131 FEET FROM ADJACENT UH, DWELLINGS. UM, THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNERS NOTIFIED AND I'D BE GLAD TO ANSWER ANY QUESTIONS. UH, MR. DOWNS, I DON'T BELIEVE WAS GOING TO ATTEND TONIGHT. HE UNDERSTOOD THAT IT WOULD BE TABLED, UH, AFTER THE DISCUSSIONS WITH STAFF. THANK YOU. PUBLIC HEARINGS OPEN. IS ANYBODY ON THE BOARD? ANY QUESTIONS FOR MR. WELLBY? SHOULD IT BE TABLED OR REMOVED UNTIL I I WOULD THINK IT SHOULD BE REMOVED UNTIL SUCH TIME AS HE, IF HE HAS NO AUTHORITY TO APPLY FOR THIS, THEN ADVERTISING IT IS AN ERROR. WELL, WE, WE'VE ALREADY ADVERTISED AND EVERYTHING'S BEEN DONE. THE, THE, THE SITUATION IS THAT IT, IT HAS BEEN MOVED THROUGH THE PLANNING COMMISSION NOW WE COULD REQUEST THAT HE WITHDRAW IT AND BRING IT BACK AS A NEW APPLICATION ONCE EVERYTHING HAS BEEN, UH, PUT IN ORDER AND THEN HE SIGN WOULD SIGN IT AS THE AUTHORIZED REPRESENTATIVE, LEGAL REPRESENTATIVE OF THE APPLICANT AND THE PROP, YOU KNOW, THE PROPERTY OWNER. UM, THAT WOULD BE, SO MR. WENDLING, CORRECT ME IF I'M WRONG, BUT IF, IF IT WENT THROUGH THE PLANNING COMMISSION ERRONEOUSLY, THEN IT IS IN ERROR PERIOD. , HE DID NOT HAVE THE AUTHORITY TO GET THE PLANNING COMMISSION'S APPROVAL FOR THIS. SO I WOULD SAY THAT IT NEEDS TO BE WITHDRAWN AND REAPPLIED UNDER, UNDER CONDITIONS WHERE HE HAS THE AUTHORITY TO APPLY FOR THE PERMIT AT ALL. WE COULD CERTAINLY GO THAT DIRECTION IF IT'S YOUR, IF, IF IT'S YOUR WAY. WELL, I'M JUST, I'M JUST BEING LOGICAL. YEAH, IT'S JU I DON'T WANT IF IF IT'S, IF HE DIDN'T HAVE THE AUTHORITY TO COME AND DO IT BEFORE US, THEN HE DIDN'T HAVE THE AUTHORITY TO DO IT BEFORE THE PLANNING COMMISSION. CORRECT. UM, MS. JORDAN, WOULD THAT NOT BE THE LEGAL I WILL SAY I DID NOT WORK WITH MR. WINDLEY ON THIS. THIS WAS MR. HAM'S OFFICE. OKAY. SO UNFORTUNATELY I'M NOT ABLE TO REALLY SPEAK TO IT. UM, REGARDING THE, THE SPECIFICS AND THE RECOMMENDATION THAT WAS MADE. I, I WOULD SAY WE COULD TALK TO MR. HAM, BUT I, I'M NOT COMFORTABLE THINKING THAT A PLANNING COMMISSION APPROVED SOMETHING THAT SOMEONE DIDN'T HAVE THE AUTHORITY TO DO TO BEGIN WITH. THAT'S NOW BEFORE US, THE PLANNING COMMISSION DIDN'T KNOW THAT HE DIDN'T HAVE THE AUTHORITY TO DO IT THEN. SO WE, WE RECENTLY JUST FOUND THIS OUT. SO IT, I THINK IT NEEDS TO BE RE REAPPLIED FOR UNDER THOSE CONDITIONS. OKAY. AND IN THIS CASE, UH, I GUESS WHAT WOULD BE THE RECOMMENDED MOTION IN LIEU OF [00:45:01] A POSTPONEMENT OR A, UH, TABLING OF THE APPLICATION? UM, AND MAYBE I COULD GET SOME LEGAL ASSISTANCE ON THAT ONE. I, WELL, IF IT, IF IT WASN'T, IF YOU DIDN'T HAVE THE LEGAL ABILITY TO APPLY FOR IT, THEN I WOULDN'T THINK WE WOULD NEED TO GO THROUGH EVEN THE PUBLIC HEARING. WE WOULD JUST MOVE ON, REFUSE TO, YOU KNOW, DENY THIS AND MOVE ON UNTIL THE, ALL THE LEGAL CHECK BOXES ARE DONE. IF, IF THIS C U P IS DENIED, THAT MEANS HE CAN COME BACK. HE CANNOT COME BACK AND ASK FOR A C U P ONCE HE BECOMES THE EXECUTOR OF THE ESTATE OR FOR A PERIOD OF TIME. SORRY, JUST SO I UNDERSTAND THE QUESTION. THE QUESTION IS, IF THE BOARD MOVED FORWARD WITH THE PUBLIC HEARING AND DENIED IT OR EVEN TABLED IT? I MEAN, IT WAS, THE WHOLE THING WAS NOT LEGALLY APPLIED FOR BECAUSE HE DIDN'T HAVE THE LEGAL RIGHT TO APPLY. SO WE CAN'T TAKE ANY, I MEAN, JUST BECAUSE THE PLANNING COMMISSION WASN'T AWARE OF THAT, UM, WE ARE AWARE OF IT. SO I THINK THE ONLY THING WE COULD DO WAS SAY WE'RE NOT GONNA DO ANYTHING ON THIS UNTIL ALL THE LEGAL CHECK BOXES ARE DONE. COULD COULD WE, COULD WE JUST VOTE AS A, AS A BOARD TO REMOVE IT FROM THE AGENDA IF WE HAVE A, IF WE HAVE A A UNANIMOUS DECISION, THEN IT CAN BE REMOVED, CORRECT? WELL, I BELIEVE IT , LET ME REFER TO OUR . I'M SORRY. NO, YOU'RE, YOU'RE FINE. UM, WELL WE REALLY DIDN'T APPROVE THE AGENDA AT THE BEGINNING, SO CORRECT. THE BOARD DIDN'T APPROVE THE AGENDA AND THAT'S WHAT I WONDERED IF THAT WAS, WOULD BE SOMETHING THAT WE COULD DO AT THIS JUNCTURE. UM, WE'RE JUST WAITING FOR MS. JORDAN TO PULL A RABBIT OUTTA THAT HAT. , WHILE SHE'S LOOKING AT THAT, I MIGHT JUST MENTION, UH, MR. DOWNS DID PROVIDE US A VACATION RENTAL MANAGEMENT AGREEMENT, WHICH, AND I'VE REACHED OUT TO HIM ABOUT THIS DOESN'T REALLY MEET THE CRITERIA OF WHAT WE NEED IN THE WAY OF A PROPERTY MANAGEMENT PLAN. UM, THE COUNTY HAS A, A STANDARD TEMPLATE THAT WE SUBMIT TO APPLICANTS. NOW WE'VE GOT A NUMBER OF A VARIETY OF OTHER TEMPLATES THAT HAVE WORKED WELL. YOU KNOW, PEOPLE CAN KIND OF PICK AND CHOOSE, BUT WE DO HAVE A STANDARD TEMPLATE THAT THEY CAN UTILIZE, WHICH WITH PRETTY MUCH THE BASIC INFORMATION THAT WE'RE GOING TO NEED FOR PROPERTY MANAGEMENT PLAN, CONTACT NUMBERS, CONTACT EMERGENCY CONTACT PEOPLE, UM, YOU KNOW, EMERGENCY FIRE AND RESCUE NUMBERS, THAT KIND OF THING. SO, UM, I JUST WANT TO, FOR THE RECORD, IN, IN THIS PARTICULAR CASE, UM, VACATION RENTAL MANAGEMENT AGREEMENTS SOMETIMES ARE MORE OF A LEGAL DOCUMENT THAT THESE, UH, PROPERTY OWNERS CAN USE AND HAVE FOR THE RENTAL PROCESS. BUT IN OUR CASE, WE NEED THE PROPERTY MAINTENANCE, UH, PROPERTY MANAGEMENT PLAN FOR REALLY PUBLIC, UH, SAFETY MATTERS AND, AND TO BE COMPLIANT WITH, UH, UH, ORDINANCE ITSELF, WHICH REQUIRES THAT AS PART OF A SUPPLEMENTAL REGULATION. SO JUST FOR THE RECORD, I MEAN, I DID REACH OUT TO MR. UH DOWNS ABOUT THAT. AND SO IN FUTURE, UM, YOU KNOW, WE'RE GONNA SAY IT'S A PROPERTY MANAGEMENT PLAN. IF HE'S, IF THESE PROPERTY OWNERS COME TO US WITH A VACATION RENTAL MANAGEMENT AGREEMENT, UM, THAT'S SOMETHING THAT WILL NOT BE IN COMPLIANCE WITH THE SUPPLEMENTAL RIGHTS. SO JUST WANT TO KIND OF POINT THAT OUT, UH, WHILE MS. JORDAN IS LOOKING THAT OVER. UM, AND AGAIN, I I COULD HAVE POTENTIALLY REQUESTED THIS TO BE WITHDRAWN OFF THE, UH, THE AGENDA. UM, THIS WAS JUST SOMETHING SINCE WE HAD IT ADVERTISED. UM, I, I THOUGHT WELL, WE'D GO AHEAD AND IF THE, UH, THE NEIGHBOR CAME FORTH TONIGHT, IT WOULD GIVE AN OPPORTUNITY TO VOICE CONCERNS SPEAK. ABSOLUTELY. AND THEN WE COULD CLOSE IT POTENTIALLY EITHER POSTPONING YOUR DECISION, [00:50:01] TABLING YOUR DECISION, OR WHATEVER, UH, MS. JORDAN COMES UP WITH AS FAR AS JUST REMOVING IT FROM THE, THE AGENDA ALTOGETHER. WELL, I, I JUST FEEL YOUR DISCRETION. LIKE WE COULDN'T VOTE ON THE PRIOR ONE BECAUSE OF A WRONG ADDRESS. THIS ONE IS BECAUSE THE PERSON DIDN'T HAVE THE LEGAL BALANCE. SO I JUST FEEL LIKE WE CAN'T DO ANYTHING WITH THIS BESIDES SAY WE'RE TAKING IT OFF THE AGENDA BECAUSE OF THAT. MS. JORDAN, DO YOU HAVE ANY COUNSEL? UH, YES. SO OUR UM, POLICIES DO PERMIT ITEMS TO BE DELETED AT ANY TIME BY THE SPONSOR OR BY MAJORITY VOTE OF THE BOARD MEMBERS PRESENT. SO IF WE DELETE IT OFF THE AGENDA, IT DOESN'T MAKE THE C U P GO AWAY. CORRECT. IT JUST REMOVE IT FROM TONIGHT'S AGENDA. RIGHT. OKAY. ALRIGHT. JUST WANTED TO HAVE THAT CLARIFIED. SO WITH ALL THAT BEING SAID IN OUR DISCUSSION, THEN I WOULD MOVE TO HAVE IT REMOVED FROM THE AGENDA FOR TONIGHT. I'LL SECOND THAT. OKAY. ROLL CALL MR. MAYB. AYE. MRS. OATS? AYE. MADAM CHAIR? AYE. MRS. S AYE. MR. BUTLER? AYE. THANK YOU MS. JORDAN. YOU'RE WELCOME. OKAY, MOVING ON TO THE NEXT ITEM [G. Public Hearing - Conditional Use Permit CUP2023-05-03 – Walter Scott & Victoria Marie Piotti for a Short Term Tourist Rental - Matt Wendling] IS CONDITIONAL USE PERMIT 2023 DASH OH FIVE DASH OH THREE. WALTER SCOTT IN VICTORIA. UM, TI FOR A SHORT TERM TERRA RENTAL. MR. WELDING? YES, THIS PROPERTY IS LOCATED AT 1 92 HOUSEHOLD HEIGHTS CIRCLE. IT'S IDENTIFIED ON TAX MAP 15 I AS SECTION ONE LOT 10 A. IT'S LOCATED IN VILLE WIDE SUBDIVISION. UM, THE PROPERTY IS ZONED AGRICULTURAL AND HAS AN ACREAGE OF 5.23 ACRES. THE APPLICANTS ARE REQUESTING THIS, UM, BECAUSE THEY ACTUALLY LIVE NEXT DOOR. UH, IT'S THEIR PRIMARY RESIDENCE AT 2 92. THEY'D LIKE TO MAKE THIS PROPERTY AVAILABLE. UM, THEY WILL BE THE PROPERTY, UH, MANAGEMENT, UH, AND THEY HAVE SOME, UH, PROVIDED A, UH, PROPERTY MANAGEMENT PLAN TO US. UH, WE ARE RECOMMENDING THE STANDARD CONDITIONS FOR THIS. UM, THE PROPERTY DOES MEET THE REQUIRED SETBACK. CLOSEST DWELLING IS 341 FEET TO THE SOUTH AND THAT IS THE PROPERTY DWELLING OWNED BY THE, UH, PROPERTY OWNER. UH, THIS PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNER IS NOTIFIED AND I'LL BE GLAD TO ANSWER ANY QUESTIONS. I BELIEVE THEY ARE HERE. YES. YES, THEY'RE VERY GOOD. THANK YOU. PUBLIC HEARING'S OPEN. IS THERE ANY QUESTIONS ON THE BOARD FOR MR. EE OR DID YOU WANNA MS. SAID NO. OH, OKAY. IS THE APPLICANT LIKE TO COME AND SPEAK? NO, WE'RE GOOD. . VERY GOOD. MR. HENDERSON, HAS ANYBODY SIGNED UP? NO MA'AM. IS THERE ANYONE IN THE AUDIENCE WOULD LIKE TO COME AND SPEAK? SECOND CALL. FINAL CALL. PUBLIC HEARING IS NOW CLOSED. DO WE HAVE A MOTION? I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST. WALTER SCOTT AND VICTORIA MARIE PTI FOR A SHORT TERM TOURIST RENTAL WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF. THANK YOU. WE HAVE A SECOND. SECOND ROLL CALL PLEASE. MR. BUTLER. AYE. MRS. SCHOLARS? AYE. MADAM CHAIR? AYE. MRS. OS? AYE. MR. MADDEN? AYE. THANK YOU. [H. Public Hearing - Lease of County-Owned Property located at 229 Stokes Airport Road - Alisa Scott - Alisa Scott, Finance Director] NEXT ITEM IS, UH, LEASE OF COUNTY OWNED PROPERTY LOCATED AT 20 20 29 STOKES AIRPORT ROAD. MS. SCOTT? THANK YOU MADAM CHAIR. UH, THIS PUBLIC HEARING IS FOR THE LEASE OF COUNTY OWNED PROPERTY LOCATED AT 2 2 9 STOKES AIRPORT ROAD. THIS IS A FRONT ROW WARREN COUNTY AIRPORT. UH, IT'S TO SKYLINE FRONT ROYAL L L C CONSISTING OF AN OFFICE SPACE OF 368 SQUARE FEET ON THE FRONT EASTERN SIDE OF THE BUILDING THAT WAS FIRMLY USED AS A PILOT LOUNGE AND FOR PLANNING FLIGHT PLANNING AS HIS OFFICE. UH, THIS PUBLIC HEARING IS BEING HELD TO ENSURE THE COUNTY ABIDES BY VA CODE SECTION 15.2 1800 B AS AMENDED. UH, THE REVENUE FROM THIS LEASE, UH, OF THIS SPACE WILL GO INTO THE AIRPORT FUND LINE ITEM 3 8 1 15 0 2 0 10, WHICH IS OTHER PROPERTY RENTALS. AND I'M HERE IF ANYBODY HAS ANY QUESTIONS FOR ME. THANK YOU. PUBLIC HEARING IS OPEN. IS THERE ANY QUESTIONS FOR MS. SCOTT REGARDING THE LEASE? NO. NOPE. I DO HAVE ONE QUESTION. I SEE THAT THE LEASE IS NOT SIGNED BY ANYBODY. [00:55:01] SO HAS THIS BEEN, UM, UH, NEGOTIATED WITH THE UH, YES. WITH THE COMPANY? YES. OKAY. SO THEY'RE ALL GOOD WITH THE TERMS? YES. I TOLD 'EM THEY COULD SIGN IT BEFORE THE PUBLIC HEARING OR AFTER IS JUST FINE. OKAY. BUT THEY AGREED TO ALL THE TERMS. OKAY. VERY GOOD. OKAY. THANK YOU. MR. HENDERSON. IS THERE ANYBODY WHO WOULD LIKE TO SPEAK? UH, NO MA'AM. NO ONE SIGNED UP? NO. IS THERE ANYBODY IN THE AUDIENCE WHO WOULD LIKE TO SPEAK? SECOND CALL. FINAL CALL. PUBLIC HEARING IS CLOSED. SO DO WE HAVE A MOTION, A MOTION CHAIR? I'D LIKE TO, I'D LIKE TO MAKE A MOTION THAT THE LEASE BE APPROVED. THANK AT THE AIRPORT. THANK YOU. IS THERE A SECOND? SECOND. ROLL CALL PLEASE. MR. MAY. AYE. MRS. OS? AYE. MADAM CHAIR? AYE. MRS. SCHOLARS? AYE. MR. BLEY? AYE. THANK YOU. NEXT ITEM [I. Public Hearing - Conditional Use Permit CUP2023-05-08 – County of Warren – Shenandoah Farms Fire Station - Matt Wendling - Matt Wendling, Planning Director] IS THE CONDITIONAL USE PERMIT, C U P 2023 DASH OH FIVE DASH OH EIGHT. COUNTY OF WARREN SHENANDOAH FARMS FIRE STATION. MR. WELLBE. THANK YOU. UH, THE PROPERTY IS LOCATED OFF OF VILLE ROAD. IT'S IDENTIFIED ON TAX MAP 15 B SECTION TWO, UH, LOCK TWO AS PARCEL 56 A ONE. UH, PROPERTY IS LOCATED IN SHENDO FARMS RIVERVIEW SECTION. THERE'S A SMALL AREA OF THE PROPERTY WITHIN THE SPECIAL FLOOD HAZARD AREA, UM, WHICH IS YOUR EIGHT ZONE AE AND A PORTION IN THE 0.2% ANNUAL CHANCE, WHICH IS NOT IN A REGULATORY FLOODWAY. UM, I'M GOING TO READ THIS BECAUSE IT KIND OF GIVES A LOT OF INFORMATION. SO IF YOU DON'T MIND, UH, COUNTY WARREN IS REQUESTING A CONDITIONAL USE PERMIT FOR THE PUBLIC PROTECTION FACILITY FOR USE AS A FIRE STATION AND EMERGENCY MEDICAL SERVICES STATION FOR STATION SIX IN SHENANDOAH FARMS. THE DWELLING QUARTERS FOR STATION SIX WERE RECENTLY DEMOLISHED DUE TO UNSAFE STRUCTURAL AND BUILDING ISSUES WHICH LEAVE THE, UH, EMERGENCY RESPONDERS NO ADJOINING FACILITY THROUGH THE EQUIPMENT AND VEHICLE STORAGE GARAGE. FIR AND RESCUE PERSONNEL CURRENTLY ARE HOUSED IN ANOTHER STRUCTURE NEAR NEARLY 500 FEET FROM THE GARAGE, WHICH INCREASES EMERGENCY RESPONSE TIME. THE CURRENT LOCATION OF THE PROPERTY IS NEAR THE CLARK AND WARREN COUNTY BOUNDARY AT 63 63 VILLE ROAD AND IS LOCATED APPROXIMATELY 3.8 MILES FROM THIS LOCATION FOR THE PROPOSED FIRE STATION. THE PARCEL LOCATION IS CENTRAL TOSHINDO FARMS SUBDIVISION AND WITHIN 2000 FEET OF THE INTERSECTION OF VILLE ROAD AND BLUE MOUNTAIN ROAD AND JUST ACROSS FROM HARDESTY AND THE VILLE HEIGHTS SUBDIVISION, THE REPLACEMENT OF THIS FIRE IN RESCUE STATION NUMBER SIX RANKS AS THE COUNTY'S NUMBER FOUR PRIORITY IN ITS CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2024 THROUGH 2028. A CONCEPT PLAN AND BUILDING LAYOUT WILL BE SUBMITTED PRIOR TO THE PLANNING COMMISSION PUBLIC HEARING. A WETLAND STUDY HAS BEEN COMPLETED AND VDOT HAS REVIEWED THE SITE AND D D DETERMINE THE SITE TO DOES HAVE SITE DISTANCE. THE PRO PROPOSED FACILITY TO BE IS TO BE SERVED BY PRIVATE WELL AND SEPTIC SYSTEM AND DRAIN FIELD AND THERE IS A PLANNED OCCUPANCY FOR THE FIRE STATION TO BE APPROXIMATELY 2 2 6 EMPLOYEES ON SITE. UM, THIS PROPERTY INITIALLY WAS ISSUED A CONDITIONAL USE PERMIT 2011 FOR A SOLID WASTE REFUGE AND RECYCLING CONVENIENCE CENTER AND SHENDO FARM SANITARY DISTRICT MAINTENANCE FACILITY, WHICH WAS ISSUED TO THE COUNTY. THE CONDITIONAL USE PERMIT HAS SINCE EXPIRED, SINCE THE PLANS FOR THE SITE HAVE BEEN REVISED AND BECAUSE THE FIREHOUSE WAS DEEMED STRUCTURALLY UNSAFE AND DEMOLISHED CREATING A MORE URGENT NEED FOR HOUSING FOR STATION SIX EMERGENCY RESPONDERS. UM, AT THE RECOMMENDATION OF THE CA UH, OF A OF LEGAL PLANNING STAFF IS RECOMMENDING THAT NO CONDITIONS BE ADDED TO THIS CONDITIONAL USE PERMIT. IF THE BOARD'S, UH, SUPERVISORS CHOOSES TO RECOMMEND APPROVAL OF THIS PERMIT. PLEASE NOTE THAT THE ENFORCEMENT AGAINST THE COUNTY BY A COUNTY AGENT FOR OUR OWN RULES OR REGULATIONS WILL NOT BE NECESSARY AND ONLY BE REQUIRED FOR VIRGINIA, FOR VIRGINIA STATE RULES AND REGULATIONS PER THE LEGAL OPINION OF THE COUNTY ATTORNEY. SO OUR BUILDING OFFICIAL ENFORCES THE UNIFORM STATEWIDE BUILDING CODE THAT WOULD BE ENFORCED. UH, HEALTH DEPARTMENT ENFORCES STATE REGULATIONS THAT WOULD BE ENFORCED. VDOT ENFORCES, UH, WE WOULD ENFORCE THE VDOT REGULATIONS. SO ALL OF THOSE WOULD BE ENFORCED. ALSO, THIS, UH, UH, USE WOULD REQUIRE A SITE PLAN FOR REVIEW BY BOTH COUNTY STAFF AND OUTSIDE AGENCIES IF IT IS TO BE APPROVED BY THE BOARD. SO, UM, PUBLIC HEARING [01:00:01] HAS BEEN PROPERLY ADVERTISED ADJACENT PROPERTY OWNERS NOTIFIED. I'LL BE GLAD TO ANSWER ANY OTHER QUESTIONS YOU MIGHT HAVE. THANK YOU VERY MUCH. PUBLIC HEARINGS OPEN. IS THERE ANY ADDITIONAL QUESTIONS FROM THE BOARD TO MR. WINDLEY? MR. WINING? I READ THE, UM, THE VDOT, UM, REPORT MM-HMM. AND IT DOES GIVE ME A LITTLE PAUSE BECAUSE IT SAYS THAT THEY WERE ABLE TO LOOK AT THE ENTRANCE AND PROPERTY LINES BASED ON THE SPEED LIMIT. THE PROPOSED ENTRANCE JUST MEETS THE MINIMUM SITE DISTANCE WITH NO ROOM TO SPARE. UM, MM-HMM. , HE HAS CONCERNS. MR. BOYCE HAS CONCERNS THAT THE, THERE'S GONNA BE A LOT OF TRAFFIC AND THE MOTORISTS ARE TYPICALLY, UH, GOING FASTER THAN 35 MILES PER HOUR ACCORDING TO HIM. UM, AND SO IS THERE, IS THERE A MITIGATION FOR THIS ISSUE? IS THERE A, IS THERE ANY WAY THAT WE CAN MAKE THAT SITE DISTANCE BETTER? SO EVEN IN THE INITIAL, UH, PREVIOUS CONDITIONAL USE PERMIT, ONE OF THE RECOMMENDATIONS IS THAT THE VEGETATION AND, UH, BE CUT BACK ON BOTH ADJACENT ON THE PROPERTY AND ANY ADJACENT PROPERTIES TO PROVIDE THAT SITE DISTANCE AND THAT THAT VEGETATION AND LANDSCAPING BE MAINTAINED, YOU KNOW, AND CUT BACK ON A PERIODIC BASIS IN ORDER TO KEEP THAT. UM, WE COULD ALSO RECOMMEND THAT THE COUNTY, UH, AND WORK WITH VDOT TO PUT SIGNAGE UP AS FAR AS ENTRANCE, SIGNAGE, THAT KIND OF THING. UM, BASED ON WHAT VDOT CODES AND RECOMMENDATIONS AND REQUIREMENTS ARE FOR THAT KIND OF SIGNAGE, OBVIOUSLY VDOT ARE GONNA BE THE ONES TO HAVE, UH, SUBMIT, HAVE A LAND USE PERMIT FOR THE ENTRANCE TO THEIR ROAD. SO THE COUNTY WILL HAVE TO WORK WITH VDOT ON THAT, UH, ENTRANCE, UH, REQUIREMENTS, HAVE THAT ENGINEERED APPROPRIATELY AND SUBMITTED TO V VDOT FOR THEIR APPROVAL. UM, SO IT CAN BE MITIGATED. OKAY. AND I THINK THAT'S, INITIALLY THERE WERE CONCERNS INITIALLY IN 2010. THERE AGAIN, THERE ARE CONCERNS NOW, BUT THE COUNTY DOES OWN THIS SITE AND IT, UH, IT IS APPROPRIATELY SUITABLE SITE FOR WHAT, UM, WE'RE REQUESTING AT THIS TIME. I WAS WONDERING IF THERE WAS A WAY TO PUT FLASHING LIGHTS OR SOMETHING IN THE EVENT THAT THERE ARE, THERE'S A CALL OR SOMETHING THAT, YOU KNOW, THAT USED TO BE, UM, SOMETHING THAT WAS DONE HERE, UM, ACROSS THE WAY IF THE LIGHTS WOULD BLINK, I THINK THAT WAS DISCUSSED AND PEOPLE WOULD SLOW DOWN AND WOULD UNDERSTAND THAT, YOU KNOW, EMERGENCY WAS IN PROGRESS OR YOU KNOW, IT, SO I JUST WANTED TO MAKE SURE THAT WE'RE NOT, WE'RE NOT APPROVING A, A SAFETY ORGANIZATION THAT'S UNSAFE FOR MOTORISTS THAT ARE GOING BY IT. AND SO, UH, YOU KNOW, I DON'T WANNA MAKE, UH, I, I WANNA MAKE SURE THAT THERE ARE MITIGATION, UH, OPTIONS FOR THOSE KINDS OF CONCERNS. THAT'S A VERY GOOD POINT. AND, AND UH, I'LL BRING THAT UP WITH VDOT. IF THIS DOES GET APPROVED, WE'LL MAKE SURE THAT IF THERE'S ANYTHING THAT WE CAN EVEN DO ABOVE AND BEYOND RIGHT. WE'LL SEE WHAT THEY CAN, UH, BRING UP FOR US. OKAY. AND I THINK IF I REMEMBER CORRECTLY, DURING DISCUSSIONS, FLASHING LIGHTS WAS MENTIONED. SO IS THERE ANY OTHER QUESTIONS FROM THE BOARD? IS THERE ANYBODY IN THE AUDIENCE WHO'D LIKE TO COME AND SPEAK? SECOND CALL. FINAL CALL. PUBLIC HEARING IS NOW CLOSED. IS THERE A MOTION? MADAM CHAIR? I MOVE THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST OF WARREN COUNTY FOR THE SHENANDOAH FARMS FIRE STATION. SECOND ROLL CALL PLEASE. MR. MAY AYE. MRS. OATS? AYE. MADAM CHAIR? AYE, MRS. GUTS? AYE. MR. BUTLER? AYE. THANK YOU VERY MUCH. NEXT [J. Public Hearing CUP2023-05-09 – Barbara J. Hessler for a Commercial Outdoor Recreation Operation - Matt Wendling] ITEM IS C U P 2023 DASH OH FIVE DASH OH. NINE. BARBARA, BARBARA J HESSLER FOR A COMMERCIAL, OUTDOOR RECREATIONAL OPERATION, MR. WELDING. OKAY. OKAY. UH, THE APPLICANT, UH, PROPERTY LOCATION IS AT 29 30 LONG MEADOW ROAD. IT'S IDENTIFIED ON TAX MAP NINE E IS PARCEL ONE. IT IS ZONED TO AGRICULTURAL AND, UH, IS ACCOUNTS FOR 12.31. TOTAL ACREAGES, UM, THE APPLICANT'S REQUESTING THIS, UH, PERMIT, UH, FOR COMMERCIAL OUTDOOR RECREATION OPERATION, WHICH WOULD CONSIST OF A TRAINING FACILITY FOR OFF-ROAD MOTORCYCLE CLASSES. UM, THIS WOULD BE, UH, FOR HER EXISTING BUSINESS. UH, SHE KNOWS SHE CALLS DC DIRT CAMP. SHE HAS OPERATED IN KING GEORGE COUNTY [01:05:01] FOR A PERIOD OF TIME. THE APPLICANT PURCHASES PROPERTY IN SEPTEMBER OF 2022 AND HAS KEPT IT IN, IN AGRICULTURAL LAND USE. UM, WHICH MUCH OF THE PROPERTY WILL REMAIN. THEY WILL CONTINUE TO MAKE HAY ON THE PROPERTY. UH, HER INTENT IS TO LOCATE, RELOCATE THAT BUSINESS AND UTILIZE THE PROPERTY, UM, WHICH IS ALSO, UH, SHE'S ALSO REQUESTED BEEN APPROVED FOR A SHORT TERM TOURIST RENTAL, WHICH MIGHT SERVE HER GUESTS AND, AND THE PEOPLE ARE TAKING CLASSES, UH, FROM HER. SHE PLANS TO GIVE THESE CLASSES FRIDAY, SATURDAY, AND SUNDAY, STARTING FROM 8:30 AM TO 10:00 AM AND ENDING PRIOR TO DUSK. DEPENDING UPON THE TIME OF YEAR. CLASS CLASSES TYPICALLY LAST ABOUT SIX HOURS AND SHE'LL LIMIT THE STUDENTS TO EIGHT PER SESSION. UM, SHE ALSO HAS TWO ADDITIONAL STRUCTURE INSTRUCTORS WHO WILL BE ASSISTING HER PERIODICALLY, UM, AND THE THE BUSINESS WOULD TYPICALLY OPERATE FROM APRIL TO OCTOBER. UH, V NINE HAS SUBMITTED SOME COMMENTS. THEY REQUESTED THAT SHE INSTALL A LOW VOLUME ENTRANCE, UH, TO THE PROPERTY WITHIN A TWO YEAR PERIOD AND MAKE SURE THAT ALL, UH, VEGETATION ADJACENT TO THE ENTRANCE WAS, UH, TRIMMED AND KEPT BACK. UH, AND I BELIEVE MS. UH, HESSLE HAS HAS DONE THAT. UH, IN THE TIME THAT SHE RECEIVED THE, UH, COMMENTS FROM VDOT, UM, STAFF IS RECOMMENDING THE FOLLOWING CONDITIONS. NUMBER ONE, THE APPLICANT SHALL COMPLY WITH ALL, UH, VIRGINIA DEPARTMENT OF TRANSPORTATION, WARREN COUNTY BUILDING INSPECTIONS AND WARREN COUNTY HEALTH DEPARTMENT APPLICABLE REGULATIONS AND REQUIREMENTS. NUMBER TWO, ACTIVITIES ASSOCIATED WITH COMMERCIAL OPERATIONS SHALL NOT PRODUCE SOUND LEVELS WHICH EXCEED 60 DECIBELS DURING HOURS OF OPERATION AT THE NEAREST PROPERTY. LINE NUMBER THREE ACTIVITIES ASSOCIATED WITH A COMMERCIAL OPERATION SHALL BE BY APPOINTMENT OR RESERVATION ONLY. THE HOURS OF OPERATION SHALL BE FROM 8:30 AM AND AND END PRIOR TO DUST, DEPENDING ON TIME OF YEAR, BUT NO LATER THAN 8:00 PM. NUMBER FOUR, THE APP, THE NUM MAXIMUM NUMBER OF STUDENTS AND MOTORCYCLES AT ANY ONE TIME SHALL NOT EXCEED MORE THAN EIGHT PER SESSION. NUMBER FIVE, THE TRAINING AREAS FOR MOTORCYCLISTS SHALL BE NO CLOSER THAN 100 FEET TO THE PROPERTY LINES. AND NUMBER SIX, THERE SHALL BE NO RIDING OF THE MOTORCYCLES USED FOR THE CLASSES ON THE STATE ROAD. UM, I'LL, I'LL MENTION ALSO THAT WE DID RECEIVE, UH, THREE LETTERS OF SUPPORT, UM, FOR THE APPLICANT. ONE OF THE PROPERTY OWNERS LIVED DIRECTLY ADJACENT TO THE APPLICANT. UM, THE PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED. ADJACENT PROPERTY OWNER IS NOTIFIED AND THE APPLICANT IS HERE THIS EVENING TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU VERY MUCH. PUBLIC HEARING IS NOW OPEN. IS THERE ANY QUESTIONS FROM THE BOARD BEFORE? HAVE THE APPLICANT WOULD THE APPLICANT LIKE TO COME AND SPEAK? GOOD EVENING. I'M BJ HESSLER, OWNER AND OPERATOR OF DC DIRT CAMP AND LIVING AT 29 30 LONG MEADOW ROAD. UH, I JUST WANTED TO SAY THANKS FOR THE OPPORTUNITY TO OPERATE THIS BUSINESS IN YOUR COUNTY. I'M SUPER EXCITED TO FINALLY BE A RURAL RESIDENT. I HAD BEEN LIVING OUT OF A VAN AND RUNNING THIS ON RENTAL PROPERTY IN KING GEORGE, SO TO FINALLY BE IN MY OWN HOME AND BE ABLE TO DO IT ON MY OWN FARM WOULD BE AWESOME. UM, AND I INVITE ALL OF YOU TO COME OUT AND LEARN TO RIDE DIRT BIKES, , BUT I'M HERE IF YOU HAVE ANY QUESTIONS. THANK YOU. ANY QUESTIONS FOR THE APPLICANT? NOPE. THANK YOU VERY MUCH. DO WE HAVE ANYBODY SIGNED UP? NO MA'AM. THANK YOU. ANYBODY THE AUDIENCE WOULD LIKE TO COME AND SPEAK? YES SIR. HELLO, MY NAME'S DEAN BAKER AND THANK YOU FOR ALLOWING ME TO SPEAK. I DROVE TWO HOURS HERE FROM PENNSYLVANIA TO, UM, SUPPORT THIS CONDITIONAL USE PERMIT. UH, LITTLE BIT ABOUT ME, A LITTLE BIT ABOUT MOTORCYCLE RIDING. I'VE BEEN RIDING MOTORCYCLES FOR 58 YEARS. I'M CERTIFIED THROUGH THE MOTORCYCLE SAFETY FOUNDATION, WHICH IS A NON-PROFIT ORGANIZATION DEDICATED TO MOTORCYCLE SAFETY. I'VE BEEN TEACHING DIRT BIKE CLASSES AND DIFFERENT LEVELS OF STREET BIKE CLASSES FROM BEGINNER TO ADVANCE FOR ALMOST 20 YEARS. BEYOND THAT, I'M ALSO A MOTORCYCLE SAFETY FOUNDATION TRAINER, WHICH I CAN MAKE PEOPLE. INSTRUCTORS, I'M A GREAT ADVOCATE FOR MOTORCYCLE SAFETY. MY WIFE AND I RIDE MOTORCYCLES. MY CHILDREN RIDE MOTORCYCLES. MY GRANDKIDS RIDE MOTORCYCLES, DIRT AND, AND ON PAVEMENT. MY GRANDKIDS ARE 19 AND 16. MY PARENTS RODE MOTORCYCLES. I ASK YOU AGAIN TO APPROVE THIS CONDITIONAL [01:10:01] USE PERMIT. THANK YOU. THANK YOU. IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WOULD LIKE TO SPEAK? NOPE. SECOND CALL. FINAL CALL. PUBLIC HEARING IS NOW CLOSED. DO WE HAVE A MOTION? I MOVE THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST OF BARBARA J HESSLER FOR A COMMERCIAL OUTDOOR RECREATION OPERATION WITH THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF. THANK YOU. SECOND ROLL CALL PLEASE. MR. BUTLER. AYE. MRS. S AYE. MADAM CHAIR? AYE. MRS. OATS A MR. MADDEN? AYE. THANK YOU. MOVING ON TO OUR NEXT ITEM [K. Public Hearing for Conditional Use Permit CUP2023-05-07 – Michael DeLutri for a Short-Term Tourist Rental - Matt Wendling] IS THE CONDITIONAL USE PERMIT, UH, C U P 2023 DASH OH FIVE DASH OH SEVEN. MICHAEL DRE DERE. I'M SORRY IF I DIDN'T DO THAT RIGHT FOR A SHORT TERM TERRA RENTAL. MR. W BUILDING. AH, THIS TYPE TODAY THE PROPERTY IS UH, LOCATED AT 27 0 6 FRIESEN ROAD IDENTIFIED ON TAX MAP 23 G. UH, SECTION ONE AS LOT D IT'S UH, LOCATED IN LOCATED IN THE HIDDEN ORCHARD MANOR SUBDIVISION ZONED AGRICULTURAL ON 2.419 ACRES. UM, THE APPLICANT IS REQUESTING THIS SHORT TERM TAURUS, UH, RENTAL PERMIT FOR A PROPERTY PURCHASED IN 2018. UH, HE WOULD LIKE TO MAKE PROPERTY AVAILABLE FOR THE SHORT-TERM TOURIST RENTAL FOR THE STANDARD REASONS. UM, HE HAS SUBMITTED A PROPERTY MANAGEMENT PLAN AND HAS TWO IDENTIFIED TWO ADDITIONAL PROPERTY MANAGERS THAT COULD ASSIST HIM IN THE PROPERTY MANAGEMENT OF THAT PROPERTY. UM, STAFF IS RECOMMENDING ONE ADDITIONAL, UH, CONDITION BASED ON, UH, COMMENTS WE'VE RECEIVED FROM THE, UH, BUILDING OFFICIAL THAT THERE WERE SOME, UH, RENOVATIONS MADE TO THE PROPERTY WITHOUT THE APPROPRIATE PERMITS. SO THE STANDARD CONDITIONS WILL BE THE, THE ONES WE'VE APPROVED BEFORE. UM, BUT NUMBER EIGHT WILL BE THE APPLICANT SHALL MEET THE BUILDING INSPECTIONS, PERMITTING REQUIREMENTS FOR THE EXISTING BEDROOM THAT WAS NOT PERMITTED. AND THE APPLICANT SHALL NOT ADVERTISE OR EXCEED THE OCCUPANCY FOR MORE THAN THREE BEDROOMS OF A SIX PERSON OCCUPANCY UNTIL THE FINAL INSPECTION HAS BEEN APPROVED. THE TOTAL OCCUPANCY OTHERWISE WOULD BE A FOUR BEDROOM, BUT THEY'RE JUST REQUESTING THAT UNTIL THAT IS COMPLETED, HE NOT ADVERTISED FOR THAT FOUR BEDROOM. UM, PUBLIC HEARING HAS BEEN PROPERLY ADVERTISED. ADJACENT PROPERTY HUNTERS NOTIFIED. UM, I DON'T KNOW IF THE APPLICANT IS HERE, BUT I'D BE GLAD TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. THANK YOU VERY MUCH. PUBLIC HEARING IS NOW OPEN. IS THERE ANY QUESTIONS FROM THE BOARD? NO. AND THE APPLICANT YOU SAID WASN'T HERE. THE APPLICANT ACTUALLY DOES LIVE IN CALIFORNIA? YEAH. OH, OKAY. UH, I DIDN'T KNOW IF HE WAS GONNA MAKE IT TO THIS MEETING, YOU KNOW, FLY IT, BUT UM, AGAIN, HE'S PROVIDED LOCAL, UH, PROPERTY MANAGEMENT, ABSOLUTELY CON CONTACTS. OKAY. THANK YOU VERY MUCH. IS THERE ANYBODY IN THE AUDIENCE WHO WOULD LIKE TO, OH, FIRST I HAVE JUST STEP, DID ANYBODY SIGN UP? NO, MA'AM. OKAY. THANK YOU. ANYBODY IN THE AUDIENCE WOULD LIKE TO SPEAK? SECOND CALL. FINAL CALL. PUBLIC HEARING IS NOW CLOSED. IS THERE A MOTION? MADAM CHAIR? I MOVE THAT THE BOARD OF SUPERVISORS APPROVE THE CONDITIONAL USE PERMIT REQUEST BY MICHAEL DIRE FOR THE SHORT TERM TOURIST RENTAL WITH THE CONDITIONS AS RECOMMENDED ON THE PLANNING COMMISSION AND STAFF SEC. IS THERE A SECOND? SECOND. ROLL CALL PLEASE. MR. BUTLER? AYE. MRS. COLOR? AYE. MADAM CHAIR? AYE. MRS. OATES? AYE. MR. MAY. AYE. LAST ITEM. SO IS, UH, DO I HAVE A MOTION TO ADJOURN OUR, OUR MEETING? SO MOVED. MADAM CHAIR. SECOND. SECOND. ALL IN FAVOR? PLEASE SAY AYE. AYE. AYE. AYE. THANK YOU VERY MUCH EVERYONE. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.