[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