[Music] [Music] [Music] [Music] think yeah I guess that's it are we ready okay okay all right well good morning everyone this is the board of 
adjustment thank you so very much for coming   we uh appreciate the opportunity to hear your 
uh particular cases uh one note housekeeping   wise uh please uh put your phone on VI on silent 
or uh if you can't turn it off whichever is best   for you uh it certainly does make a difference 
when we're uh hearing testimony and that would   be very much appreciated having said that 
the meeting of the Escambia County Board   of adjustment for May the 15 2024 is hereby 
called to order with five members present   will the clerk please swear in members of the 
staff I'll do Allison now and horse when he   gets back do you solemly swear and affirm that 
the testimony you're about to give will be the   truth the whole truth and nothing but the truth 
so be God thank you members of the board copies   of the staff's resumés have previously been 
provided and remain on file for reference   the board has previously recognize staff 
as expert Witnesses does anyone have any   questions regarding their qualifications and 
abilities to offer expert testimony seeing none the board uh the boa meeting package 
for May 15 2024 with development services   staff findings of fact have uh previously 
been provided to board members the chair   will now entertain a motion to accept the 
boa meeting package into evidence do I have a motion motion we have a motion do I we 
we also have a second all those in favor   please raise your right hand let the record 
reflect that uh the motion passed unanimously do we have proof of publication Madame clerk 
yes sir did the publication meet all the legal   requirements yes sir the chairman uh will now 
entertain a motion to wave the legal uh reading   of this legal advertisement do I have a motion 
I'm in I have a motion do I have a second second   we have a second all those in favor please 
raise your right hand let the record reflect   that unanimously uh this motion passed 
members of the board have you reviewed   the resum and transcript for the board 
of adjustment meeting held on April the   17th 2024 upon your review of the resume in the 
transcript are there any addition deletions or Corrections let the record reflect that uh 
no board member indicated so the board uh   the chair will now entertain a motion 
regarding the hearing resume for the   board of adjustment meeting held on April the 17th 2024 so moved do I have a second second 
we have a second uh all those in favor   please raise your right hand let the record 
reflect that unanimously uh the motion was uh approved now we come to the purpose of the board 
of adjustment and the conduct of this particular   meeting and uh uh our vice chairman will explain 
the procedure that we will follow this morning the   board of adjustments boa hears administrative 
appeals variances and conditional use requests   these hearings are Quasi judicial in nature 
quasi judicial hearings are like evidentiary   hearings in a court of law however less formal 
all public testimony will be taken under oath   and anyone testifying before the boa may be 
subject to cross-examination all documents and   Exhibits that the boa considers are entered into 
evidence and made part of the record the giving of   opinion testimony will be limited to experts and 
closing arguments will be limited to the evidence   in the record after hearing the testimony and and 
arguments for and against the proposed action and   before making its decision the boa will consider 
the relevant testimony the exhibits entered into   evidence and the applicable law because decisions 
of the boa relating to variances conditional uses   and extensions of development order for site plan 
approval are final unless overturned by a court of   competent jurisdiction the County May issue issue 
development orders and permits for properties in   accordance with the decisions of the boa however 
if the applicant requests the issuance of any such   order or permit and such order or permit is 
issued the applicant and not the county shall   bear any risk that such decision may be set aside 
the development order or permit may be revoked or   the development may be otherwise enjoined by 
the reviewing Court any applicant for relief   from a decision of the boa for set actions or any 
aggrieved party as defined by state law May seek   review of such decision by filing an appropriate 
pleading in a court of competent jurisdiction   within 30 days of the boa decision the date 
of the boa decision shall be the date the boa   voted at the conclusion of the hearing whenever 
the boa denies an application no new application   for an identical action on the same parcel shall 
be accepted for consideration within a period of   180 days of the boa decision any person aggrieved 
by a decision of the boa relating to an appeal   of an administrative decision May within 15 days 
thereafter apply to the Circuit Court for review   each individual who wishes to address the board 
regarding a particular issue must complete a blue   request to speak form and submit it to the clerk 
of board these forms are located on the table at   the back of the commission Chambers you will not 
be allowed to speak until we receive one of these   completed request to speak forms we must have 
these completed forms for public record thank you   we now turn to the consideration of the following 
cases our first case is case number CU 2024 d10 170 82 pido key Drive uh to allow 
for outdoor the request is to allow   for outdoor Recreational facility 
ities requested by Gary Bishop agent   for The Yacht Harbor Homeowners Association 
Incorporated owner uh Mr Bishop is with us I see good morning sir good morning uh before we get 
started could we ask that you uh face the clerk   raise your right hand and let her administer the 
other do you solemnly swear and affirm that the   testimony you're about to give will be the truth 
the whole truth and nothing but the truth so you   God I do thank you now before you get started Mr 
Bishop I have to ask the board three questions and   then uh we can commence ha a board has there been 
any expart a Communications regarding this case seeing none is there any particular knowledge or 
information obtained from a site visit or other sources seeing none will any member intend to 
refrain from voting due to a voting conflict   of interest I wanted to address I work work 
for a civil engineering and surveying company   that assisted with the development of the 
subdivision but I do not think that they   are involved with this particular issue um I 
just wanted to point that out for the record thank you Mr Bishop uh would you like to make 
a short presentation or would you prefer that   the staff make their findings present their 
findings and then you of course would have the   right to follow up uh after they've finished 
uh it's entirely up to you how would yes sir   I I just assume staff make their presentation 
first and then if there are questions I'll be   happy to try to answer them all right sir could 
we have the staff report please ma'am yeah good   morning board um Allison Lindsay urban planner 
development services so conditional use 20 2410   this is the location map showing the parcel 
located on pry key this is the uh zoning map   showing um the parcel and also the surrounding 
areas this is a future land use map showing mixed   use prto key this is the aerial photo of the site 
this is the sign that was posted on site this is   looking onto the subject area and this is looking 
south from the rear um toward prito key looking at   the convenience store that's adjacent to the 
subject property this is looking East to the   subject property and this is looking south from 
the corner of Puro key and Clipper um east of   the subject property this is looking South across 
PRD key drive from the subject property and this   is looking East along Puro key looking West along 
Puro key so the request was to seek conditional   use approv to construct an outdoor Recreational 
facility in medium density residential Paro key General compatibility this is an amenity to a 
residential neighborhood the proposed use can be   conducted and operated in a manner that would be 
compatible with the adjacent properties facilities   and services facilities and services are currently 
available and will be provided as needed for the   proposed use the connection to these services 
will be reviewed at the time of development review   on-site circulation based on the submitted site 
plan the area will be walkable along with roadside   parking adjacent to the amenities including Ada 
parking and access criteria D nuisance and Hazards   the proposed use should not create unreasonable 
noise glare smoke odor or other harmful effects to   any extent that would exceed allowable allowable 
uses under the the current zoning designation   avoidance of nuisance and Hazards in the immedient 
area will be evaluated during the development   review process criteria e Solid Waste Solid 
Waste Services must be provided as needed for the   proposed use criteria F screening and buffering if 
the conditional use is approved the applicant must   meet the screening and buffering requirements of 
the Land Development code signs and lighting all   exterior signs and lighting must be compatible 
with other properties in the immediate area   and not adversely impact the adjacent Parcels or 
traffic safely and additionally there is a Barrier   Island lighting ordinance that's coming to the 
board of County Commissioners um this month and   if it's adopted then that lighting criteria must 
be met criteria eight site characteristics the   point 16 plus or minus Acre Site appears adequate 
to the proposed use that includes a pool a pool   house a pool and a restroom facility criteria I 
use requirements the Land Development code does   not provide specific requirements for this use 
staff recommends approval of the proposed use as   requested with the conditions pending complete 
completion of the development review process   and receipt of a development order and that 
concludes staff's findings board uh are there   any board members that have questions for the 
staff I've got one question can can you go back to uh there was a I think there was a 
drawing of the property I just wanted   to kind of figure out where it was located yeah 
no the one before or yeah where okay it's there okay so it's kind of at the entrance 
to to the project if you will correct okay have we talked to um anyone in the 
environmental area as to any issue it has   with the the habitat next next to this 
no this is this particular is not in   the habitat but right we have not actually 
talked to the Environmental Group and also   too when they come to the site plany process 
that's one of by standard reviewers and they   would definitely be involved although it's 
not but they would definitely be involved   at the site plan will be process hor I need to 
swear you in okay that's thank you while we're   here do you Solly swear and affirm that the 
testimony about to give will be the truth the   whole truth and nothing but the truth so be God 
do it firm so so to nullify my statement again   to restate it again while I'm on the oath um yes 
they will be contacted they will be part of the   site plany process early in the state so although 
as Allison state is not in habitat but they will   be there are other things that they would be 
part of to look at as well especially with that   new that new pending ordinance yes yes and they 
will be they will and they are subject to that yes and I'm assuming that this uh recreational 
facilities is specifically for the homeowners   of this uh Yacht Harbor yes sir it's just 
for the residence of The Yacht Harbor and   I'm assuming that there are Gates or Fen or what 
have you that will prohibit people wondering I'm   not sure of that but I'm sure the applicant 
can address that okay I have a question uh on   the boundaries of this uh project what uh are 
there are condominiums or single family homes   or what sort of other residences surround this so some of these photos that does 
show across the street so um that's the   road at Clipper and Puro key that show um 
some uh residents down that side street   okay and on the other side is that convenience 
door right so there no uh condominiums or any   kind of residence that directly border is on 
the border of this proposed development no sir   because that's like I said it's like on the on the 
corner um and the residents are further on down   uh that side road uh Clipper I believe it is all 
right okay Mr Bishop there did you want to make   some the only thing I was going to add the one 
question was about the fencing we will be putting   some fences and Gates so it will be kept to the 
uh owners uh of the residences in in The Yacht Harbor and also to I want also to I want to 
add and during the site plan be process again   to back to your question I just thought about 
Miss bass there's the white sand ordinance that   for the environmental Mr Bishop knows 
that well and so through Association so   so all of those things will definitely 
be looked at and they are definitely applicable board do we have 
any other questions for Mr Bishop seeing none thank you Mr Bishop for 
your testimony um are there do we have any   other speakers on this matter no no we don't have 
any uh blue forums aside from Mr Bishop therefore   if there is anyone that would like to speak on 
this matter now would be the time to uh make   your presence known if not the board will move 
on to consideration of this particular request   let the record reflect uh there are no additional speakers board members what are your thoughts on 
this Mr chairman I move that we accept staff's   findings of fact and Grant the conditional 
use we have a uh motion on the floor do I   have a second to that motion second we have a 
second the motion is to Grant the uh petition   as presented uh by the applicant therefore 
is there any other discussion before we close   seeing no other discussion all members in favor of 
granting the petition uh before us regarding uh CU 2024-the [Music] unanimously thank you Mr 
Bishop we appreciate you being with us today okay and I think we're ready for our next our next case that's yeah 
okay can you yeah all right okay our next case is cu 2024 d11 the 
applicant is Colin hindon the agent   for Lighthouse Christian Academy 
the owner uh the address of the   property is 1100 Westcott Street uh zoning 
district is HDR high density residential   uh the future land use is mixed use urban 
and the overlay uh is uh the Englewood uh district and is Mr Henderson here with us today 
all right sir if you could come forward uh could   you face the clerk and be sworn in do you solemnly 
swear and affirm that the testimony you're about   to give will be the truth the whole truth and 
nothing but the truth help you God I do thank   you uh before you start Mr Hendrickson uh 
I have to ask the board three questions are   there any ex party Communications regarding 
this case has any member received any seeing   none is there any knowledge or information 
obtained from a site visit or other sour sources seeing none is there 
any member who intends to   refrain from voting due to a voting conflict of interest seeing No Other Board member 
I will have uh while I do not have a   conflict uh I've discussed this with our 
Council uh I think it's would be correct   for me to note on the record that I uh have 
knowledge of uh of the of this application   the school uh because my daughter graduated 
from there uh right she's V Victorian her   class and uh so I do know but that has 
been several years ago so but I am aware   of uh the applicant school okay uh sir if 
would you like for the staff to present   their findings or would you like to make 
an opening statement the findings please okay Alison Lindsay development services 
okay condition use 20241 1100 West Scott   Street this is the location map showing 
the parcels in question this is the zoning   map showing the uh zoning of HDR this is the 
future land use map mixed use urban and it's   in the Englewood Redevelopment area excuse 
me this is the arrow map showing the uh site   this is the public hearing sign that was posted 
this is looking North under the subject property   from H Street and this looking South onto the 
subject property from 8 Street looking Northeast   from H Street and this is a public hearing sign we 
posted on uh West Scott Street looking Southeast   from West Scott Street this is the public 
hearing sign that was posted on the corner of   of West Scott and G Street looking Northeast 
onto the subject property from West Scott Street so the conditional use the 
applicant is seeking conditional   use approval to allow a school in the uh 
zoning District the uh criteria a general compatibility the parcels are located along 
Scott Street and are adjacent to the same   zoned properties the subject partial is in 
an area of residential which will meet the   walkability act for schools the proposed use 
as requested can be conducted and operated   in a manner that would be compatible with the 
adjacent properties criteria B facilities and   services facilities and services are currently 
available and uh the connections and services   would be reviewed at the development review stage 
as needed criteria C on-site circulation based on   the submitted site plan Ingress and egress will 
be from Scott Street and G Street uh criteria D   nuisances and Hazards the proposed use will not 
create unreasonable noise glare smoke odor or   other harmful effects to any extent that would be 
that would exceed allowable uses under the current   zoning designation avoidance and nuisances and 
Hazards in the immediate error will be evaluated   during the development review process criteria 
e Solid Waste Solid Waste must be provided as   needed for the proposed use criteria F screening 
and buffering if a conditional use is approved the   applicant must meet the screening and buffering 
requirements of the Land Development code criteria   G signs and lighting the proposed use will 
require signage and will be addressed during the   development review process all exterior signs and 
lighting must be compatible with other properties   in the immediate area and not adversely impact 
the adjacent Properties or the traffic safety   criteria H site characteristics the 1.18 
plus or minus Acre Site appears adequate   for the proposed use including a new building 
parking and an equipment yard uh criteria I no um there will be no um yeah I know yeah the complies yeah one second so the proposed use does comply 
with all um any of the additional   criteria uh conditional use criteria 
for the applicable zoning District   provided in the Land Development code uh staff 
findings that staff recommends approval of the   proposed use as requested with the condition 
of pending completion of the development review   process as necessary and a uh receipt of a 
development order and that concludes staff's findings Mr Hendrickson yes would you like to 
make some comments now sir I have no comments   at this time sir sir you have no comments um 
board members do we have questions for first the staff um to clarify this building is it currently a church yes well no 
it's not it's it's a it was a church I believe   at one time yes and then now they converted it 
to a school so it hasn't been converted they're   requesting it to be converted let me let me let 
me that's a very good question to miss bass and   he and he going he can collaborate everything I'm 
get ready to say um it is an existing Church it is   an existing school now okay they it was a church 
there should have been that should this process   should have occurred before it got converted 
however it was not so is an after theact process   it's an after Thea process um it should have 
been according to the code it should have been   and they and they are well known about that they 
understand that that's what that's why they are   here trying to get a pathway to full and complete 
compliance that's why they're going to still need   a site plan view process completely where we have 
to address um the existing operations to make sure   that the existing operation complies 
and confirm again that should have   already been done but it was not so 
this is where they're here trying to   give them a pathway to compliance when did it 
start being used as a school August of last year um the whole build looks like there's 
two buildings but I guess they're connected   the whole building there is it is one building 
it the the the main part is the sanctuary and   then the rest of it is cafeteria and 
classrooms that are it's all connected   into one building yes how big is it almost 
50,000 Square fet 48 approximately and how   many students are there enrolled now inhouse 
every day we have approximately 200 students I'm in um the fire department Health Department 
they are all we're all in compliance with   everything that is there um and they said that 
what we have established in there is all per code   and as far as the uh Church portion of it that's 
no longer we actually Englewood Baptist Church   rents the facilities on Sunday mornings okay I 
saw they happen to have a funeral or a wedding   or a special event they are still um utilizing the 
spaces but they pay us rent to be in those spaces   yes and that's only on Sundays unless there's an 
event like aunal I mean a wedding or something   yes now I I read in in the document somewhere that 
there would be an addition a a building addition   is that correct or the only thing we've done is 
we've added def fence which showed on the picture   up here to one of our Parcels for a playground um 
but we in the future we don't have anything um in   planning right now for any other buildings on the 
adjacent lots that we own so on the adjacent Lots   is that just parking all the lots are parking 
except for the one that is uh six foit privacy   fence for a playground other than that everything 
else is parking and there is a a large drainage   pond on the west side of the church next to 
where our entrances for our students and that is   completely fenced off and secured okay so there's 
no renovations or additions or the only renovation   we have in the future is to repaint the outside of 
the building and to pressure wash it that's all we   have and if I may miss best I want to be clear 
for the record I got to be clear for the record   again they would need a sight plan plan review 
process if there are some things under the Land   Development code that they need to comply with 
including storm water including getting all of   the necessary requirement for off street parking 
because there are children there including the   parking for the employees for the buses all 
of those things will have to be completed and   addressed per the V code and other requirements 
we have not looked at that portion yet he is aware   that he need to come through the site plan through 
process so I want to set for the record so this is   not indicating that everything per se that they're 
doing complies I cannot say that but I can say   that there is a process for them to move forward 
and if there are some other things that they need   to do or cease from doing they're going to have to 
per the Land Development code so this is kind of   the first step in yes that process first step in 
the process which it should have already occurred   but that's neither here nor there but this where 
we are now when it was a church it was okay yes   sir the church came through completely it metant 
all of those things yes sir okay just it's now   because it's an educational facility yes sir new 
use yes sir okay yes ma'am Rob I'm sorry would   would all of these would this process have to be 
completed before students would be allowed back in school let let let let me put it this way Mr Shaq 
they're currently in operation now I don't know   how long the school season will last I do not know 
I don't know if it's over at a short period or   because I know public school will be closing soon 
so I I don't know if they if they're going to be   running concurrently but again if there are some 
things that they do not comply with that will be   addressed at that time fully and completely our 
school lets out next Friday the 22nd when you   did the renovations um did you apply for building 
permits we have not done any Renovations oh you   the only thing we did is we put the fence up and I 
found out afterwards and it is on the the the plan   that we have on the survey now so that has been 
added we have done all the the surveys for all   the properties and everything is on there but we 
have not done any Renovations in the building at all what grades are you serving K through 
12 and what are your future plans for this   uh facility you do have additional property uh I 
was just wondering what do you foresee this use   uh to be uh do you intend to I'm sure expand 
the school over time we do not it will remain   a k12 and we will go by the code for occupancy 
that's set down by the fire department we are   not expanding um on this property at all because 
we have multiple campuses um we have a campus in   Milton that we rent from a church we have a 15 
and a 15 and a half acre campus in Gul Breeze   where um our expansions may possibly take place 
in the future like a gym but that has nothing to   do with the scambi county um but we also utilize 
the East Milton Park so as of right now we are   not looking to expand the K12 program at all in 
in in the scambia county uh is is this near the   old Baptist Hospital campus um it is three blocks 
south of the sheriff's department okay three box   south of the sheriff's department um that area 
uh any new INF or improved infrastructure will   certainly I'm sure be welcomed by the residents 
of uh Englewood and u a school is always a helpful helpful thing to have in the 
neighborhood yes U recently they have   taken down some of the the isore homes that 
are there that were classified as you know   drug houses and stuff like that they've literally 
taken them out um we partnered with the boys and   girls club which is right across the street 
and we kind of use the the services that each   other has you know that brings School uh 
children to our school but it also brings   after care to the Boys and Girls Club to to 
assist with their growth as well okay board   members do we have yeah do we have any other 
questions we have one additional speaker in   on this matter thank you sir uh we have Mary 
Armstrong Miss Armstrong are you with us yes please raise could you face the clerk and raise 
your right hand do you solom me swear and affirm   that the testimony you're about to give will be 
the truth the whole truth and nothing but the   truth St you God thank you please state your name 
and address please my name is Mary Armstrong I'm   I live at7 West fer Street ma'am could could you 
speak up just a little bit yes ma'am give okay I   live at my name is Mary Armstrong WR I live at 17 
West fiser Street yes ma'am okay all right now I   think uh some of the questions have already been 
answered and that is the grade level of the school   while the community does welcome an educational 
facility in our community in fact is much better   than having another Correctional Facility now in 
our community one of the questions that I have   is we have have many ex-felons who live there 
and they may or may not have what they call a   molestation charges or whatever charges they 
may have but they live in our community they   have been there have not been a problem when you 
but when you place a school there you have so many   rules and regulations about the distances where 
people live or where this person should live or   where that person shouldn't live and I want 
to know how how is that going to affect the   residents that live there who may have because 
you have to understand in our community there   have been many many incarcerations who may or may 
not have been I won't get into that but because of   the area that's what has happened over the years 
so I want to know how placing a school there uh   would affect the residents who already live there 
because they're in very close proximity of all our homes uh is there any other remarks and I we'll 
I'll give Mr Hendrickson a chance to uh give you   his thoughts as long as it's going to because I 
heard you mention that it's going to be a welcome   addition to our community uh and that may be so 
I think it would be you know our community needs   upgrading but I think it's mostly the residents 
who would appreciate their property being upgraded   but any other property that's going to be located 
there is going to be a welcome addition as long   as it doesn't affect the residents who still live 
there yes ma'am okay thank you very much you're   welcome Miss Hendrickson would you like to address 
the comment um I just would like a little more   clarification how that the the school would affect 
the neighborhood that's what I'm trying to find   out I understand there are a lot of um felons 
and and people that have been incarcerated in   that area and that's why we're trying to clean up 
the area as much as we can and keep the kids off   the street from getting in trouble and becoming 
one of those incarcerated Personnel but I would   like more clarification on what the concern 
is of you know what we have for the school   if I could possibly get that yeah well I'm sure 
after we consider the matter I'm sure that uh if   you have a minute to stay behind absolutely y'all 
could discuss that very very point with Lighthouse   private Christian Academy we do have um Security 
in the in the building um it is not hired it is it   is in-house security right um we are locked 24/7 
we're locked down in there uh no entry without   going through the the entrance required um we 
have cameras inside and outside around the whole   building um and the neighbors that we've spoken to 
are um have been very polite very cordial very you   know excited about us being there as well as 
like when Englewood was there they're excited   to partner with us because everybody sees that 
what we're doing for these kids Pensacola is is   classified as our mission school it is a lot of 
low income they're on a low-income scholarships   so what we are doing and we offer all the sports 
to keep them off the street and so that is our   goal is to keep these kids and we get M almost 70 
some perc of our kids go on to further education   after they graduate yes um this year between our 
two campuses we have about 115 graduating students   this year uh will you be keeping your campus on 
Gadson Street no we moved out of Gadson Street um   our lease ended there and we found this building 
that was a lease and now we have a purchase we   have actually purchased this building so y'all 
are not present there on we're not in gadon   Street any longer we still own the 9th Avenue 
campus that we have um at larua and 9th Avenue   we still have that and that is actually um we 
utilize that for uh office spaces is what we're   using that for right now all right do we have 
any more questions uh board members uh for Mr Hendrickson seeing none thank you sir 
we appreciate your testimony we also uh   appreciate the U testimony uh from Miss Armstrong 
also board members were at that point in time if   is there any discussion of this matter and and 
I do want to reate fact that if there any if   there's any public infrastructure improvements 
that is necessary for this site it they going   to have to comply with the DRC process is 
is full and it's thorough especially as it   relates to the to the storm water parking um and 
I don't think the area that is is used for the   park right now I don't think they're utilizing 
that because kids got to cross that that has   not been that has not been thoroughly vetted 
yet so hopefully they're not using that Park   going across the street for that coure and all 
of that again we have to be evaluated because   kids do have to cross the street and that's 
critical about the infrastructure upgrades   that they're going to have to do when they come 
through the required DRC process with without hesitation board members do I have any comments 
before we consider the matter um Horus let me   ask you a question being that school is is about 
to be out do you think that and I know you don't   know what potential upgrades there may be but in 
the event that those upgrades aren't done and and   September rolls around um time for school again 
does this mean that if they haven't gotten their   development order you know before school starts 
in September August does that mean that and and   provided obviously that the board uh votes 
in favor I guess what I'm saying is does   that preclude them from opening the doors for 
next school year if they have not met the do   standard miss m we strongly encourage them 100% 
to get this process started to start moving on it   progressively we do not want to wait another year 
they need to move progressively and assertively   because those things will be looked at carefully 
and there could be some other compliance actions   that we have to take in order for them to move in 
compliance and and I and I'm saying that very very   emphatically and strongly so hopefully they will 
he this and try to get this started immediately   and don't wait another year because it will it 
definitely will have an impact okay Mr Jones   uh it seems to me that if uh as the vice chairman 
said if these are not corrected in a timely manner   before school would again start in the fall we I 
would we be looking at a code enforcement matter   at that point I mean it seems to me that would 
be yes yes yes sir the code according to section   two of the Land Development code when there 
are non-compliance issues code enforcement   is one of the tools that we could use to help 
and the code also provide other avenues for us   to use to gain compliance hopefully we won't 
have to do that but the code Code Enforcement   is again one tool and the many and the and the 
Big Tool Shed that we can use definitely any more comments I I'm not a fan of as I guess 
the board knows of uh having to approve uh excuse me situations like this 
where uh someone's in violation but   uh these things on the other hand you 
I suppose you have to put everything is   on a scale uh uh it appears that uh the 
applicant is trying to make things right   and we'll have an opportunity to do that and if 
they are and if not successful in that endeavor   then of course there will be other avenues that 
the county uh has can Avail itself of but on   the whole I'm I'm a firm believer in education 
and and I believe in neighborhood schools and I uh I uh on the basis of that I am going to support   this so having said that or there any 
other remarks hearing none do I have a motion Mr chairman uh I move that we accept 
staff's findings of fact and get Grant the   conditional use pending the complete 
of the DRC process and receipt of the   development order we have a motion do we have 
a second second we have a second all those in   favor of this application please raise 
your right hand let the record reflect   that this application was approved unanimously 
thank you sir we appreciate you being with us we now turn to case number CU 20242 that's 
775 South Hansel Street and the 3800 block   of Hollywood Avenue the request is to uh 
allow a salvage yard and a Meredith Bush   agent for Fifi's Group LLC owner and we 
have Miss bush with us good morning Miss Bush now board before Miss Bush begins 
I have to again ask you uh has anyone   had any expar Communications on this matter seeing 
none does anyone have knowledge or information   obtained from a site visit or other sources seeing 
none is there any board member that intends to   refrain from voting due to a voting conflict of 
interest seeing none good morning Miss Bush now   can you help us or would you like like for the 
staff to do their findings or would you like make   a preliminary statement um I would like to make 
a preliminary statement good morning members of   the board um just by way of explanation while the 
application is requesting a salvage yard this is a   car repair business it's an existing car repair um 
industry that's been there since 2020 uh because   on occasion cars are disassembled and the code 
definition of Salvage yard includes disassembly   uh Mr Jones and his staff um has determined that 
and actually a special magistrate has determined   that some of the activity falls under salvage yard 
and so to the extent that some of the disassembly   of cars which all takes place inside the confines 
of a building uh constitute and pulling a part   off one car putting on another car that they're 
actively working on constitute Salvage activity   we've been told that we needed to seek this 
conditional approval but it's not no one's intent   is for the operation of a true salvage yard it's 
not going to be like a pull apart facility it's   not going to be a place where cars are junked um 
the way and the owners here and can testify to the   actual operation of the the business typically 
a car comes in um you know a vendor is removed   or a motor's removed new parts are ordered from a 
different facility and put on the car and that's   the main operation of the business but because 
there was some testimony that on occasion they   have taken you know some something off one 
car and put on another car we've been told   that that constitute Salvage activity and um 
I'm happy to let staff present their findings   we're in agreement with their findings they are 
recommending approval uh Mr Bishop is here he's   our engineer will be starting the DRC uh process 
and I believe there are when um other people who   wish to testify yes ma'am staff if we can hear um 
thank you um Mr Andrew Homer he he was supposed   to present this case he's not here at this time so 
as the Director it fall upon me so um we'll going   to proceed very very quickly um we we we we we we 
very thankful for Miss Bush uh and her commentary   at the beginning so basically uh May 15 2024 case 
conditional use 20 24-12 uh zoning District heavy   commercial uh light industrial first point um 
it says U industrial criteria a it says have   commercial light industrial hli industrial and 
related use the following industrial and related   uses accept within the mix of bourbon and which 
this is not um cus yards not otherwise require   an approv at solid was process facility L kov SC 
County and amended so General Capal Criterion a   the proposed shoes can be conducted and operated 
in a manner that is compatible with the adjacent   properties and other properties in the immediate 
area finding the facts the proposed use can be   compatible with the surrounding uses giving the 
AI zoning and other servage uses in the area   Criterion B facilities and services public facil 
ities and services especially those with adopted   level of service will be available and will 
provide adequate capacity to serve the proposed   use consistent with capacity requirements finding 
a facts facilities and service are available and   will be provided as needed for the proposed use 
the connection to these services will be reviewed   at the development review stage Criterion C 
onsite circulation Ingress and egress from   the site and the structure will be sufficiently 
particularly regarding vehicle and pedestrian   safety and convenience efficient traffic flow and 
control onsite parking and loading and emergency   vehicle access finding of facts Ingress and 
egress will be via South Hans Hansel Street   Criterion D Nu and hazardous the scale of the 
intensity and the operation of the use will   not generate unreasonable noise glare dust smoke 
odor vibration electrical interference or other   nuisance has for joining properties and other 
properties in the immediate area finding a facts   the proposed shoes were not create unreasonable 
noise glare smoke order or other harm of effects   to any extent that would exed aable uses under 
the current zoning destination avoidance of news   and Hazards in the medor area will be evaluated 
during the development review process criterian   a solid ways all onsite waste containers will 
be appropriate located for functional access   limit to offsite visability and minimum odor 
and other nuisance impacts final facts silent   Waste Services must be provided as needed for the 
proposed use Criterion F screening and buffering   were not otherwise required by the eldc screening 
and buffering will be provided if appropriate if   if appropriate to propos use and sight final 
facts if the conditional use is approved the   applicant must meet the screening and buffering 
requirements of the LM Cod by supplementing the   existing fencing and again there is an existing 
fence currently there own site signs and lightning   all exterior signs and lights whether attached 
or free standard will be compatible with the   joining properties and other properties in 
the immediate area especially regarding glare   and traffic safety finding of facts the 
proposed use will require signage and will   be address during the DC process all exterior 
signs and lightening must be compatible with   other properties in the immediate area and not 
adversely impact the adjacent Properties or   Traffic Safety criterian AG site characteristics 
the size the shape location and topography of   the site appeared adequate to accommodate to 
accommodate I'm sorry the proposed use including   setbacks intensity Buck height open spaces and 
athetics consideration finding of facts the size   and the shape of the process appear adequate 
for the proposed use Criterion I the proposed   use complies with any additional condition 
requirement of the applicable Zone District   uses or other provisions of the LDC LDC does not 
provide specific requirements for the use but   there may be conditions imposed on the site plan 
review process staff findings staff recommends   approval of the proposed use as requested with 
the condition of a pending completion of the   Dy process and receipt of a development order 
um and I do want want to say this we have been   working with uh with uh um um the client since 
basically covid and and and then they engaged   Miss Bush so we do believe that if they continue 
to move progressively staff will have no problem   in getting them to the point where they can 
finally get this completed and move forward   could Okay maps and photography that I should 
have done first that's why Drew do this [Laughter] I read it uh condition use 2024 that's 12 
location map you see the zoning 5 foot radius   zoning map you see the c224 future land use 
map you see condition use 202 24-12 c p Fox   you see the area map see you see the sign 
that was posted on site you see the uh the   existing looking southw West East unto the 
subject properties from South handers Street   looking Southeast until the subject property 
from South Hansel Street public hearing sign   post on Hollywood Avenue looking Southwest 
on the subject property from Hollywood Avenue   looking North along Hollywood Avenue and 
that and that and that is conclusion of the maps board members do we have any questions for Mr Jones Okay so to clarify they got a development 
order back in 2020 to for a repair shop an auto   repair shop and then something happened that 
um required them to come to the to the boa to   get a conditional use on Salvage yes yards yes 
it's a it's a long history of it um but again   they they they they proactively work with staff 
and getting to this point again there was some   special magist hearings there was some some some 
some some some some other things that they had to   comply with so this is to the point now where we 
think that we they are here again the development   order expired all of those things that's why they 
have to reapply for the development or because of   expiration because it had expired uh and there 
were some things that occurred and so again like   we always do we always try to give people the 
opportunity to move forward to a pathway to   compliance and again there is a long history that 
other the other uh uh boards and and and other   uh entities of es scami County had pervy over 
and this is and all them was proceeding to this   Junction M Jones uh I presume then that they they 
are out of compliance this is a after the fact so   um yes there was a code enforcement violation 
which is under appeal right now um to be quite   Frank going through the boa process is a cheaper 
alternative than fighting a court appeal um but   they were cited for outdoor storage which has been 
rectified through the savings Clause they were   cited for um inoperable Vehicles which is Exempted 
from the that provision in the code for repair   businesses it specifically says this doesn't apply 
to car repair businesses um and then they were   cited for being a salvage yard um without having 
the conditional use approval I personally disagree   and think the laws on my side that they're not 
operating a salvage yard they're operating a car   of repair business however it's the County's 
position that because they disassemble cars   which is necessary in any car repair business so 
therefore all car businesses or all car repair   businesses would need a salvage yard approval if 
if the County's position is true um but because   there is disassembly of cars we're being told no 
you have to get Salvage art approval so it's not   out of compliance in that they're doing anything 
wrong is out of compliance in that the county has   said well what you're doing is Salvage activity 
when in my opinion they're operating a car repair   business so that's there's a case in the circuit 
court right now that's on appeal we haven't done   the full briefings yet um if they can get the 
conditional use approval for Salvage jard that may   negate the need to do full briefing um and incur 
those you know attorney fees and cost for the client uh do you know or is there a definition in 
the code of what a salvage yard is yes there is   yes and and and and and and there yes and I will 
give me a minute yes and and there again again   as as Miss bus she represent her clients she's 
representing her client very well again again   there's a there's a lots of case history with 
this a lots of it and and this is not the form   to to go through all of that ly of case history 
but we we till this point we can try to get them   however briefly there was a development order 
that was issued and that's a development order   and on that development order it specifically 
stated yes they came in for a car repair and the   development order de address that the development 
order also stated that there should not be   no breakdown not any of all of that onsite car 
report car car repair only for maintenance of   everything on inside of the building that was 
on the development order and which they were   approved they were cited for that they were they 
were given that develop order along with a letter   that they agree and I see Miss B shaking head so 
it must be says that that they would not do that   however some other things occurred but we don't 
want to go through that long Litany of history   but to answer your question Mr got one yes I just 
want to stay that for the record so there are two   sides to to this story let's go to chapter six 
of the Land Development code this is why we put   this on that development order because we we want 
to make sure because just because you got a car   repair that don't mean you got to disassemble 
that mean you got to take parts off the car   but but this not the form to to to to state that 
but let me R read the definition for Savage Yard and I want to say this why I'm finding it the de 
in the development order that was issued they may   have changed their mode of business operation 
after the fact but that should have all been   disclosed at the beginning during the site plan 
process Savage Yard it stays completely chapter   6 definitions that I in effect right now from the 
land of enod an industrial facility or area the   words or area for the collection storage sale 
or exchange these are words black and white   disassemble and they already stay that's what 
they're doing but that's already been addressed   Shing compaction Belling and other handling of 
scre scrap or discarded material or equipment   for Savage including Metals papers Rags tires 
bottles cans Motor Vehicles Machinery compliance   instruction still so we can get into we can get 
into we can get into the the the debate over that   at at this time but this is where we are this is 
that's already been looked into that said they're   going to appeal if they decide to do that that 
we're going to address that there but I do want   to be clear that you can have a dual operation on 
a site but you have to you have to comply with all   of the regulations that's why that's what we said 
savaging activities that don't mean you're Savage   y but based upon the activities that they are 
doing that's why staff based upon the black and   white language of the land of code and that's what 
we're supposed to look at it that's why we said   well if you're going to do do that you got to have 
condition use approval that's why we're here today   and we sort and we've been moving progressively 
to this point where we hope that as Miss Miss   Bush stated that if there's another venue we can 
proceed but we still want to try to get them we   think that they almost there at this point if 
the board do grants conditional use approval   like I said there's a long history many records 
many documentation and each inil of the scam   County looked at that from the from my staff 
to the Special M the code enforcement through   numerous conversations with Miss Bush and 
her client before Miss Bush got involved   is there a definition for a repair facility or 
repair shop or auto shop yes yes yes yes there   is and I do want to be clear now I do want 
to be clear that that that that this venue   when you're making interpretations 
interpretations have to come from the   plan and director then there's another venue if 
someone want to challenge an interpretation based   upon that's all in the code so AO repair let's 
see repair services let me look at that motor vehicle that's why I'm glad I went to got 
my book I'm coming to IT repal service   okay services to or restore items from 
the land ofo definition services to men   or restore items Al the extended use Decay 
breakdown damage or partial destruction   repair service including mot vehicle uh 
then it going to list those things uh   but it says in the end it says but do not 
include construction traits or building   repair Motor Vehicles also then is another 
definition for motor vehicle repair so so so   we are not negating that they were not a rep pass 
shop that's why we issued them the avilable order   for that pacific use that's why we put those put 
those put that special project condition on there   so that so that a repass shop would not become 
using salvaging activities because again you you   can have dual uses on site that's why we want with 
pass shop inside of a building also too for the   record there is an area was an area but we think 
we can get them to the point that [Music] some   items occurred that wasn't part of the review 
process that's why code enforcement got involved   but again that's a long history but since since 
it was brought up I just want to make it for the   record that this is not anything nefarious or or 
harmful or hurting we trying to get them to the   path of compliance at this point based upon the 
black and white language of the Land Development code do we have additional question for Mr Jones 
or Mrs Bush is there any um plans [Music] to um do anything different than what 
they're doing now no absolutely not okay and they've been in business since 2020 at 
this location since 202020 is there any plans for   any structural changes uh additions to buildings 
or what have you no there was some discussion   of constructing a large building in the back at 
the point when they were told all the cars had   to be inside but since that time we've utilized 
the savings Clause to capture the old C2 outdoor   storage use so that plan is no longer in effect 
but I mean the county is aware that there was a   conversation about adding a building to the back 
but but that's no longer the plan since we have   outdoor storage now if I understand uh what you 
have told told us uh they uh they will use the   uh parts from a deric vehicle to repair a another 
vehicle that's in the repair shop is that it so   no that is not the standard business model the 
standard business model is that they will order   a new replacement part or a used but new to 
them replacement part from an outside third   party provider who will ship it to the site and 
they would put it on the car but but there was   occasion or has been occasion where they have you 
know one car waiting on repair that another car   is there and is that car is being perhaps total 
by the insurance company waiting you know approve   for whatever reason the second car is not going to 
be repaired that they pulled apart and used it but   that's not the standard operation and that's the 
reason that you're here that's the reason we're   here because there was testimony that that had 
occurred well what happens to the uh inoperable   Alto so um my understanding is insurance companies 
pick them up or they are taken to a an actual SCP   scrap yard and we provided receipts at excuse 
me at the special magistrate heing we provided   the records of where cars that are not you know 
repairable are taken and sold for scrap so they're   not scrapping them there they're not operating 
as a salvage yard that thirdparty you know   scrapyard is where the Salvage activi is taking 
place um unfortunately that argument was not   um given much weight by the magistrate who 
said the fact that they've taken the scrapped   vehicles to a scrap yard constitutes them doing 
Salvage themselves and I think on appeal a court   looking at that would say no it constitutes that 
scrapyard as doing Salvage activity but this is   a repair facility Well how generally uh how long 
do these deric vehicles stay uh at the facility so   the owner may be better able to testify to that 
but my recollection from the special magistrate   proceeding was that it could be anywhere from a 
couple weeks to a couple months depending on if   there you know waiting on insurance companies 
or waiting on um you know parts to arrive from   overseas or or something like that so it was 
definitely more than the 72 hours allowed for   um outdoor storage without the savings Clause 
right and what about the vehicles though that   aren't repairable uh how long was a testimony 
concerning how long those would stay there so   there was no testimony specific to the vehicles 
that are not repairable there was testimony and in   the beginning there was evidence from County that 
there were cars that had been there and extended   period of time um but if you'll look at the 
photographs that were submitted with our um   application for this hearing the site's been 
cleaned up all all cars that are not actively   waiting for repairs are offsite they've been 
removed either returned to the owner or scrapped   or otherwise dealt with um and testimony 
before the special magistrate was that on   all vehicles on site there were pending repair 
orders Parts ordered or waiting on waiting on   procedure to take place okay do have more 
questions for uh before we we have a number of   speakers uh before we uh turn to our speakers uh 
do we have any other questions for Mrs Bush or Mr Jones I do have one Mrs Jones how clo uh we've 
got the map up here uh how how close is uh this to   residential U Homes um if you if if if you look 
at the map um I believe there is an apartment   complex there I believe that's what it is uh 
that's apartment complex I believe that's PR   and there and there appears to be that there is 
definitely some some residential uses in close   proximity to this site um as Miss Bush stated 
there were cars that was there that that were   inoperable that were that's pictures that's in the 
public record as well and they and they have moved   according to what was T to me by code enforcement 
they have moved those Vehicles off those s   um so but there are definitely some some some 
residential uses that are enclos proximity to to   their Parcels of operations the proposed parcel of 
operations as well okay uh do you know Mr Jones if   any of the code enforcement complaints have been 
generated by neighbors it is my understanding that   that's that's what started the the the complaint 
um back in back when it got started that it was   generated from from from from a proper own is my 
understanding uh uh I don't want for Cote enforc   but that's my understand how the the complaint 
got started okay yes sir Miss Bush if you do you   have anything else or would you like to um if 
you don't of course you'll have the opportunity   to respond to anything I don't have anything 
right now all right thank you ma'am uh we have   a number of uh individuals that have signed 
up to speak on this case and so let me give   you my warning uh I uh probably am going to say 
your name wrong please forgive me and correct me   when you come up I do it every time so just bear 
with an old man I guess uh our first speaker is Mr flip oh the yor yeah uh would you like to speak if   not then uh okay all right we'll put you 
right here uh charl holes holes hes yeah please raise your right hand do you somly 
swear and affirm that the testimony you're   about to give will be the truth the whole truth 
and nothing but the truth help you God I do thank   you please state your name and address please 
Charles Holmes 4000 Barfield Avenue I I have a   question was Miss Bush warn in I don't remember 
I must she's an attorney oh she's an attorney   okay she's a as an officer of the Court okay she 
is uh not required to take the oath uh because   she is as I said an officer of the court I got you okay I have a question uh I have been living 
at 4,000 Barfield Avenue for 35 years um I   understand that this company has been up there 
since 2020 we have a big concern about the cars   parking the junk cars um I wish I knew about 
the case I had magistrate I I certainly would   have been there to testify on my behalf as far 
as being a homeowner um I own the whole whole   4,000 block of Barfield which you'll notice buts 
up to their to Hansel where they're located at   there um I'm not too familiar with the C's 
RightWay what the regulations are I just   retired the Florida Department of Transportation 
two years ago I'm where the state rways what are   the couny rways because definitely being 
violated by the cars being parked there   if um if there are some current issues that are 
ongoing that's a c enforce will get involved you   cannot uh uh uh I'm not aware of that if there 
is call force will get involved but for the right   away they have to they have to everything has to 
be conducted on their parcel of land everything so   therefore there should be some Stakes out there 
some survey markers indicating whether property   line Begins the property line do not begins at 
the edge of the road it does not it begins at   the Markus on their property so so if you think 
there may be I don't know you can talk to them   to make sure that they or you can contact code 
enforcement again during the special Master he   there were some some things that were done but 
all that was addressed and if if the board do   decide to do that again we we can put some 
special project conditions already indicated   by the client that there are not going to be 
non customers coming in not going to be just   they have to do what they have to do based upon 
the direction from the board and the site plan   process but your concerns are noted yeah I mean 
that that sounds good that's not the way it is at   all uh if you go back to the picture where show 
all the cars on side of the road front of their business this right here there's a school bus 
stop at the corner of Hansel in Hollywood you   have school buses twice a day come through there 
there uh I live at the corner believe me it's   an issue with the cars uh they have trailers uh 
behind their trucks are sitting on Hollywood and   if you allow a salvage yard they've got nowhere 
to park the only place they Park is the middle of Hansel so to me it's say if you go to 
Criterion C where it says about the   safety of pedestrians Emergency Equipment getting through I Mr Jones point out 
while I go about Criterion and see um circulation Ingress degress from 
the site structures will be sufficient   particularly regarding vehicle T and safety 
inconvenience traffic flow that's that's not   that's not correct there no traffic flow it's 
limited traffic flow we have to go around their   trucks go around their cars they work on the 
cars Middle of the Road Fort lifts out there   all the time Emergency Equipment if we had a fire 
they'd have to get their cars out the way first   so in my opinion this I've been de four years 
since they've been in business I've lived over   35 years it's a real issue yes is there anything 
else you'd like to ask no sir that's it all right   I have a question for Mr all right Mr Holmes 
would a condition of the approval that there   be no parking in the right away alleviate your 
concern sure that's yeah it's been like that   for years uh before Phils was there they had 
a a car repair B uh trailer car carrier repair   u business there same issue there I called quot 
I never called on fields I've never called even   though I do live right there uh they have raced 
Up N in a row testing out their car cars I have   grandkids out there uh they've come down the road 
shooting their guns cuz people steing parts off   their cars so to me it's it's I try to keep a 
nice neighborhood when I first moved there you   had cars being stolen dumped on that street 
I bought the two lots beside my house where   I could clear it out where I could see you know 
crime has really went down but the issue with the   cars blocking the road it is still still an issue 
there thank you yes sir and I do want to say this   completely uh uh uh a special project condition 
is good but again again that's a right away that's   a that's a l code violation right so therefore 
that's a good special project condition but the   other conditions may be more noteworthy because 
if they are doing some things illegally on the   RightWay that's automatic we just code inform just 
need to know that the Cod definitely so and and I   know you may not want to but but that's something 
that we can doing the site plan we process because   this is all public record and with that we can 
make sure that our access management look at that   very very carefully to make sure that the RightWay 
is clearly shown on their required survey M and   we yes sir I like I said I'm not Cod enforcement 
but but that's that's something that we definitely   can can make sure because that's not on RightWay 
issues that's a that's prohibited per se it got   to be on their proper to all business activities 
sounds good that's not the way have any of yall   ever been on Hansel have you ever been to location 
I think you testified or when the chairman asked   you if you had nobody raised your hand it's really 
it's a quiet neighborhood it's off the beaten path   of Hollywood um I I've been cutting grass there I 
haven't seen a county cut grass maybe 12 times in   35 years I maintain Barfield Avenue that's that's 
where I live at I try to keep the crime rate down   keep the grass cut um what's going to happen they 
well they already do Park on Barfield uh hansel's   only so what is Hansel maybe a couple hundred 
yards long uh it it's just it's it's just the   nuisance all the cars up there that's my only 
concern is the cars the traffic the Salvage   I don't know if it's if you grant them this 
Salvage are you going to are they eventually   going to start pulling you know engines um you 
know I mean is it going that's something they can   that's something that they could talk about cuz I 
know sounds good being oh it's just a repair shop   you know they replace a bad part by an outside uh 
car supplier that's not the way it is I've seen to   work on cars middle of the road out there I work 
on trailers middle of the road so my concern is my   grandkids your emergency vehicles coming through 
uh and the cars all right sir that's all I have   thank you sir thank you for your testimony uh 
could we go back to those photographs again uh tell you what let's go on down is are those vehicles in the rway I 
don't know that those are associated with the operation well uh let's have the next 
one can we have the next one no on down I guess and well maybe go back up I thought 
there were some other photo how about so um   the just advised me that some of those cars are 
people waiting for kids to get off the school   bus you'll see the school bus there with the 
stop sign so there are people waiting to pick   up their kids off the school bus oh okay 
when them got riding on the window though   one of those I mean just for the for the sake 
of accuracy of the photo I we're not here to   contest that but one of them do have writing 
on the window so we just want to be for for   the accuracy of the photo uh if that is an issue 
that need to be that need to cease in toist if if   if they are doing that per seade don't know about 
the bus because I understand parents but if they   are doing that that need to cease and deist 
oh that's not helpful to this consideration   it really isn't if we do need to keep the rways 
as clear as possible okay uh let's turn our next   speaker is Steve Smith I think I even said that 
one right that's an easy one yeah welcome Mr Smith   could you please turn and raise your right 
hand and let the Kirk administer the oath do   you solemnly swear and affirm that the testimony 
you're about to give will be the truth the whole   truth and nothing but the truth to help you God 
I do thank you um I'm Steve Smith I'm a manager   for Car Financial it's a subprime finance company 
here in vinca uh we offer lines of credit for car   dealers to purchase inventory um most of the time 
if you're familiar with auctions that is where the   majority of the cars come from and 99% of the 
time they've got repaired uh work that needs   to be done uh every month I've got to do my audit 
which means I go out and touch the cars make sure   that they're still for sale or being repaired 
for sale they haven't been sold if they have   been sold they've got to be paid off immediately 
um I frequent the uh this location quite a bit   uh these cars that they're buying at the auction 
come here for repairs then they're shipped over   to the car lot for sale um I have personally 
had a car repaired at this facility parts were   from third parties it was not pulled off of other 
other junk cars so just my personal testimony uh   that it was a repair facility so that's what 
I have to offer to this case any questions   for Mr Smith seeing none thank you M Smith we 
appreciate you coming and uh Bogden true Rick sir I know I missed on this one please raise 
your right hand do you Solly swear and affirm   that the testimony you're about to give will be 
the truth the whole truth and nothing but the   truth so be got thank you state your name and 
address please my name is bden TR I've been a   uh a customer for several year several years 
um during various uh repairs on my cars um   are purchased two from them regarding the 
entry and the exit from the repair facility   I've never had an issue uh entering and exiting 
um I also I've never seen any repairs done in   the middle of the road or anywhere outside 
everything was done um inside of the fence   of the property and uh I've never seen uh any 
cars blocking the road for any sorts of vehicle   such as the the school bus that would uh 
impede any movement yeah that's itk do you   have any questions from the board you said do 
you purchase cars from from them yes thank you   thank you sir we appreciate your testimony are 
there any other persons uh who wish to testify   by regarding this petition if there 
are now would be sir would you like to my name is Walter Biv speaking can uh Walter 
Biv my address is 216 East Hernandez Street do   you tell me swear and affirm that the testimony 
you're about to give will be the truth the whole   truth and nothing but the truth help you go Ahad 
yes ma'am thank you go ahead yes sir yes I I've   been a customer of fields also bought several 
cars had them repaired at this facility in this   facility prior to this he's it's always been in 
timely manner never bought parts off a salvage   car at his location he's always ordered parts for 
me never had any problems far as getting in and   out of the facility on the street anything and I 
know I've been a customer for at least 10 years so Bo do we have any questions and and I do want 
to I do want to be clear for the record now um   Miss Bush and her client if the board so wish 
they need to be very very clear when they come   to us exactly what they're doing because in the 
development order that was previously approved   that it was indicated on the development order 
this do not be sale or anything of vehicles so we   need to be clear I'm saying what the development 
order was approved so so we just need to be clear   going forward clarify they have a car lot on 
G Beach Highway when you purchased a car from   them it wasn't from the repair facility it was 
from The Car Lot onf Beach Highway correct can   you come up a little closer Miss Bush yes I was 
just say stating that they have a car lot on G   Beach highway so the people who have purchased 
cars are purchasing from them from the business   but on G Beach Highway not at this location 
so if you want to ask the prior speakers who   have purchased cars or or Mr Wiggins um 
they're not selling cars at this location   okay thank you we just want to get the 
record clear is that is that correct sir   yes okay did you purchase your vehicle from 
the Gulf Beach of Gulf Beach Highway lot yes   you did yes sir yes sir okay thank you very 
much we appreciate you coming and and your testimony Miss Bush did you have 
anything you'd like to close with um sure soina please raise your right hand do you solemly 
swear and affirm that the testimony you're about   to give will be the truth the whole truth and 
nothing but the truth help you God yes thank you   st hi good morning uh my name is Catalina Phillip 
and um could you speak up just a little bit ma'am   okay uh I'm one of the owners of the business and 
um I'm here today to uh request that approval for   the business that way we can eliminate of those 
concerns that the owners have and have the ability   to store all our activity and uh like I said owner 
uh the neighbors around the trailers any cars that   we have uh that's what we're fighting for so long 
to have that open storage ability to use the rear   portion um um to be able to Store and park all our 
customers and uh uh future projects and cars that   we we work on how long do do would you uh plan to 
store these vehicles uh it's all Base to Base it's   might be a week depends on the repair customers 
may have if they have uh just a alternator to be   changed or if they have the whole front end being 
damaged it's all Base to Base but no longer that   couple months I guess that no longer than six 
months for sure because we not allowed to store   it's just being too much to store so long okay 
thank you ma'am do we have any questions board members um so as you all know I mean you're 
all very experienced with conditional uses   you are allowed to place conditions on 
the approval um and the owner would be a   able to a condition that said no parking in 
the right away I mean obviously that is a   code requirement um but if to the extent it made 
you more comfortable with granting the approval   that there be no vehicles um in the right away 
um it's my understanding all repair work takes   place inside the facility that there should 
not have ever been any repair work outside   um but to the extent you want to place that as 
a condition uh we'd be amable to that as well   um we've met the requirements of the codee staff 
is recommending approval uh the expert testimony   of Mr Jones is recommending approval and um I 
don't believe you've heard anything that would   negate the fact that we've met the criteria for 
the conditional use approval so we would just   ask that you approve the conditional use thank you 
ma'am and and if there's some additional screening   and buffering requirements um we could we could 
we could do that we could because the site plan   rep person I'll probably require that in a way 
to to make sure what that it doesn't many times   you seen many times but they're not going to 
do it what things begin to go above the fence   line so it going to be ground level but we can 
have additional buffer requirements to make sure   that it looks good the Aesthetics are there and it 
doesn't become a hardship a nuisance on the owners   again and that and if there's any issues that 
they can reach out to us they can reach out to us   to try to make sure that everything is yet these 
development order there's a continuing obligation   to abide by the terms of a site plan approval 
or development they just can't do it on one   month and stop that's goes for any development 
order that we issue there a continuation so if   it is approved by this board code enforcement 
will have to get like involved which I don't   think they will but if there's any other thing 
just want to for the concerns of the neighbors   you do have recourse you can call us and we 
can try to get out there and see what's going on thank you Mr Mr Jones uh board members is there   a discussion now I've actually got uh 
a clarification excuse me uh for Mr Jones any cars waiting to be worked on would they be required to be screened from 
view the the the screening and the buffering   requirement that is a requirement of the 
land vment code for that particular use   so the answer your question yes there will be 
screening and buffering yes okay so if they're   waiting for a part and the part hasn't arrived 
they should be screened from view yes the the   perimeter of the property yes okay um go back 
to go up a couple Pages um yeah okay oh stop   there okay so that's probably a normal day the 
cars that we're seeing that appear to be on the   right of way unless they [Music] are um picking 
up children uh which also is not a thing to do   would be screened from from view they would be 
off that road off that ride of way yes yes there   should be no they should not be storing their 
cars or in the right away no one should be so   you you'll on theot there's screen cars behind it 
right the cars in front could be people dropping   off parts or picking up checking on their cars 
could be customers that have just stopped by but   they're not Cars waiting to be repaired or they 
could be people waiting for their children is   what I've been told um but there but those cars 
like the car on this side of the green screen is   not a car waiting forair work and if that needs 
to be addressed in site plan review as far as   customer parking something yes we can address 
that that's that's my next question don't we   have a parking lot for customers yes ma'am 
we can address that yes that's that's part   of the that's part of the review process that we 
we can address absolutely and and and I think they   shaking shaking their head on that yes sir that's 
part of the review process the the amount of land behind um behind this building 
do we know how big this piece of   property is it's four acres and if 
you go to the photographs that we   with our um application there there are photos 
of from inside the the back lot that shows adequate okay I would just I would advise if we were to approve 
this that we make a provision that parking   of either customers or of vehicles waiting to be 
repaired are there's sufficient area on the site   to accommodate both and that the right of way is 
not an accommodation I don't feel that we need to   make a condition that's already a rule um so I 
would just venture to say that that to me that   that seems to be a problem um um and I think that 
they have adequate space to either make a parking   lot um for customers or what have you um and would 
like to see something to that effect I also would   like it to if indeed we uh the board votes to 
approve this application that no repair work   is done outside of the building itself uh and uh 
I think that dovetails with what you were saying   about uh working the right away and that sort 
of thing but uh for my support that would have   to be uh if uh someone makes that motion for me 
to support I would really uh have to have the it   included that all work will be done inside and U 
uh I think that may alleviate some of these these issues are there any other comments 
um would staff please um go back   through those recent photographs 
gr slowly uh there was one I saw   that raised some concern it looked 
like it was a um storage rack of uh Wheels there right there um are those are 
those new wheels or are those um salvaged Wheels I guess what concerns me is 
that suggest that this is a a salvage   yard um looks like one to me um I've 
certainly been in salvage yards before   to pick up used parts and that's that's a 
concern I have that this is a it may be a   may be a repair shop but it looks 
like they're they're into salvaging Parts well I I I think the evidence shows that 
uh they are engaged in Salvage activities u i I   believe you're correct uh in that regard uh and of 
course I if I understand that's why they're here   uh to uh allow them to do that the so long as in my just my thoughts number 
one as I've said I'd like to see all the work   to be done undercover or under uh in a structure 
in their structure uh and um also that there be   efficient buffering and all the storage of 
these uh automo inoperable automobiles be   done uh apparently there is from looking 
at these photographs some room to create   a parking lot or some kind of parking facility 
so that uh I think it's to the company's benefit   to try to do that that way there won't be code 
enforcement complaints from the neighbors and   U if that if indeed that is a bus stop that 
it will not be uh impeded parents picking   up their children so that's kind of where 
I'm I am with these potential conditional conditions would it require them to go through 
a site plan oh yes they definitely do that yes   yes ma' they definitely and we would note 
those conditions on the development order   uh uh uh from the if this board decides to 
approve it that conditional use along with   these notes these conditions will be part of 
the site plan repr process for compliance and   and that be part of the development order 
when is issued to make sure that everything   complies with these conditions and the 
other standards that may be applicable   as well that is found during the DRC process 
or doing when we're engaging back and forth   with them as well could you go down on these 
photographs to that uh area that's been cleared uh is uh is this the area that uh 
in which these uh Vehicles would be partk and if there and if there's any 
perimeter buffering requirement we're   going to ask them to keep that along 
with supplemental with fencing so so   if if they can because we have to do it in the 
site plan but we definitely require fencing and   Landscaping uh but they wouldn't be able 
to park just on the bare dirt right no uh   because old Vehicles leak everything yes sir 
and and I think they miss miss she been doing   this a long time I think she understand 
that okay well Bard any more comments questions or have we arrived at the 
time that we need to put this matter   to the vote I it seems like it's a 
g to be a complicated motion um you   can do it I'm going to try um I make a 
motion to approve staff's finding effect   um with the condition of pending completion of 
the DRC process and receipt of a development   order in addition that they go through a site plan 
um process and that there is adequate parking uh   for customers um off the right of way into their 
property along with an area sufficient for cars uh   that they're working on uh to be housed inside 
a uh fenced in area uh with adequate buffering   Landscaping fencing as required under the code 
that all and any repairs done on a vehicle   um or any trailer or what have you is done 
inside the building um at all times and that also that we clarify the use of this proper in is strictly 
for the repair of Auto automobiles as well as   the conditional use of a salvage yard this 
in no way implies that they have the ability   to sell automobiles or place automobiles up 
for sale on this property this is strictly   an auto repair shop and and Salvage Yard 
with salvaging activities is too strong   thank you do we have a second to this motion 
I second Mr chair M we have you have heard the motion and now we uh come to uh the point 
where we must decide all board members   in favor of granting the St uh the 
conditional use uh as outlined with   the uh conditions uh specified by the 
Vice chairman please raise your right hand let the record reflect this uh 
petition was granted five uh uh unanimous   ly by all five members thank you Miss Bush thank 
you ma'am thank you for coming all right uh is   there any other business uh Madam attorney do 
we have any business no nothing how about what   are the Coming Attractions if our Madame clerk 
can help us us on that we have two cases coming   next month they're both variance okay Varan 
all right well thank everyone for coming we   appreciate uh everyone's testimony than you thank 
you all and uh we will see everyone next month I guess you're