It is. I went there last. Yeah. This meeting of the Escamia County Board of Adjustment on February 18th, 2026 is hereby called to order with six members present. We have a quorum. Um,
now we'll have the swearing in of Travis High and JC Cardwell. Please raise your right hand. Do you, Travis High and JC Cardwell, solemnly swear or affirm that you will support, protect, and defend the Constitution in the government of the United States and of the state of Florida and that you are duly qualified to hold office under the Constitution of the state and that you will faithfully perform the duties as an Escambia County Board of Adjustment members to help you guide. Thank you. Will the clerk please swear in the members of staff? Please
raise your right hand. And 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. You members of the board, copies of staff's resumes have pre previously been provided and remain on file for reference. The board has previously u recognized staff as expert witnesses. Does anyone have any questions regarding their qualifications and abilities to offer expert testimony? Seeing uh the BOA meeting package for February 18th, 2026 with the development services,
staff findings of facts have previous previously been provided to the board members. The chair will now entertain a motion to accept the BOA meeting package into evidence. Do we have a motion? I'll motion. Second. All right. Motion by JC Cardwell and second by Rouse. All in favor of this motion, please raise your right hand. Motion passes. Seeing none, opposed.
Do we have proof of publication? Yes, sir. Did the publication meet all the requirements? Yes, sir. The chair will now entertain a motion to wave the reading of the legal advertisement. Do we have a motion? Make a motion. Motion by Susan. Do we have a second? Second. Second by Ross. All those in favor of the motion, please raise your right hand. All in favor? None opposed. Members of the board, you have reviewed the minutes for the board of adjustment meeting
held on January 21st, 2026. Upon your review of the minutes, are there any additions, deletions, or corrections? Seeing none, the chair will now entertain a motion regarding the minutes of the board of adjustment meeting held on January 21st, 2026. Do we have a motion? Motion by Susan. Second by that's Randy. Let's see. All those in favor of the motion, please raise your right hand.
All in favor? None opposed. Motion passes. Uh Ross, can we can you read the purpose of the board of adjustment and conduct of meeting, please? Yes, sir. The board of adjustment here's 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 arguments for and against the proposed action and before making it decision, the BOA will consider the relevant testimony, the exhibits entered into evidence and the applicable law. Because decisions of the VA relating to variances, conditional uses, and extensions of development order for site plan approval are final unless overturned by court of competent jurisdiction, the county may issue
development orders and permits for properties in accordance with the decisions of the BOA. However, if 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 the 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 the decision of the BOA for said actions or any agreed party as defined by state law may seek review of such decision by filing
an appropriate pleading in the court of competent jurisdiction within 30 days of the BOA decision. The date of the BOA decision shall be the date of the BOA voted at the conclusion of the hearing. Whenever the BOA denies an application, no new application for the identical action on the same parcel shall be accepted for consideration within a period of 180 days of the BOA decision. Any person agreved 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 aboard. 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. Espartate communication. All written or oral communication outside of this hearing with members of the BOA regarding matters under review today are considered esparte communications. Espartate communications are
presumed prejuditial under Florida law and must be disclosed that as provided in board of county commission resolution 96-13 before decision by this board on any administrative appeal variance or conditional use request. The chair would ask as each case is heard that any board member who has been involved in any espart communication regarding the respective issue to please identify themselves and describe the communication. Right. First case we have case number CU 20-206-04.
That's one40 Pensacola Boulevard. A conditional use request to allow service and repairs of motor vehicles requested by William Dunaway, agent for MS Prime Transportation LLC owner. Um, Esparte communications regarding this case. Um, any knowledge or information obtained from a site visit or any other source? Um, board members. Seeing none with the individuals who are a party to this item, please come to the
podium and state your name and address for the record so you can be sworn in by the clerk. Morning, Mr. Chairman. Thank you. Will Dunaway. I represent the applicant in this case. Good morning. And Will Dunaway is an attorney and does not need to be sworn. Okay. Um were you provided with a copy of the criteria um required to obtain conditional use and a copy of the finance of facts? Absolutely. Thank you. And um you do understand um all that you received,
right? I do. Okay. Um would you like to make a presentation or would you like to um hear staff's findings at this time? Right. We would defer to staff's findings, the public, and then we'd be available for any questions or comments and clarifications. Thank you, sir. staff. All right. Good morning board. Andrew Homer, Escambia County Development Services. This is conditional use case 20264. Here we have our location map. The site is on the east side of
Highway 29 uh south of 10M Road. Here we have a zoning map showing a 500 foot radius around the site. The parcel outlined in the blue. Uh as you can see that entire area is either commercial along that block or heavy commercial, light industrial on the west side of the road. We do have some HDMU. Here's a future land use map for the site showing it as commercial. This is
a wellhead map showing that it is in a 20-year travel time contour. Here we have an aerial map of the site. And I'm sorry, would you go back to the zoning map for just a second? Thank you. So, uh, board, I wanted you to know this. There there has been an update here. Um, if you'll look to the south, it just says unnamed. There was right ofway through there uh through a older uh mobile home
park that has since been vacated to the owners that had the property on either side. All right. Here we have the notice of public hearing sign posted on the site. This is looking northeast onto the site to the existing structure. This is looking southeast across the front of the site. Okay. So, um as to the findings,
again, this site is zoned commercial and the applicant is seeking conditional use approval to allow heavy truck service on a commercially zoned parcel. under the uh commercial zoning district. You can see there um under its conditional uses, we have retail sales that includes service for uh heavy truck uses. As to the specific criterion, a compatibility, the subject parcel is located
along a major arterial road in an area of mixed commercial and heavy commercial light industrial zoning and uses. While some nearby uses function out of previous residential structures, there are many large service type structures in the area and the proposed service facility can be operated in a manner compatible with the surrounding uses along this commercial corridor. B facilities and services they 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.
C on-site circulation ingress and egress are available via both US Highway 29 and North Palifox Street. Specific connections will be reviewed during the development stage. Um, with Highway 29 being an F dot road, the specific uh the specifics of that connection are going to be awaiting what DOT signs off on. FD dot, sorry. D. Nuisances and hazards. Commercial zoning will limit the vehicle
service to the interior of a building only, which excludes paint and body work or outdoor work and storage. The proposal shouldn't generate nuisance conditions for the adjacent parcels. E. Solid waste. Solid waste service must be provided as needed for the proposed use. F. Screening and buffering. screening and buffering will be required between the proposed use and any adjacent residential uses. I I would add to that uh even though it is commercial zoning, it's it's
the disparity of the uses that is going to be requiring that buffering. G signs and lighting signs and lighting will be evaluated and will be limited to what is allowed by provisions of the LDC. Exterior lighting shall be deflected from adjoining properties and public streets. H site characteristics. The parcel is entirely within a 20-year time of travel contour to an ECUA well. A wellhead impact report will be required as part of the DRC process as is standard practice. I use
requirements. Service facilities will be limited to indoors per the requirements of commercial zoning. As to findings, staff recommends approval of the proposed use as requested with the condition of completion of the DRC process and receipt of adult development order. That concludes staff's findings. All right. Thank you staff. Board members, do you have any questions for the staff at this time? Okay, seeing that. All right. Um would you like to um respond
to that, Mr. um Dunaway, or would you like for the um speakers to come forward first? Thank you, Mr. Chairman. Um we'd like the speakers to come first and then we'll uh rebut and answer any questions. Yes, sir. Thank you. Okay. Our first speaker for this case is um Adrien Hammond. As you come forward, step to the mic and get sworn in by staff if you would, sir. My name is Adrien Hammond. I live at 9735 North Palac, Pensacola, Florida. Okay, you can go. Please raise your
right hand. Do you solemnly swear and affirm the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? I hope you got it. Thank you. I I was I sort of told I could pretty well say what I wanted to say here and I didn't have to do one ABC D9. Is that right? Huh? I know Har's pretty good. I'd like for you to go back to your um uh map that showed um where you were south of the property where you showed the pictures.
You showed a picture of the property. You showed the property. You saw pictures of the property south of it. Why don't you show a picture of the property joining it north of it? It's standard practice. We take a picture of the sign and we take pictures of the property in question. We can show you it on the aerial. Show it, please. Yes, sir. There you go. what you have located there north of the property and adjoining this property is a church. We're a small congregation. Uh we're hoping to grow and we are growing some right now.
Um a church is not compatible in any way, shape, or form to what's being proposed here for this uh variance. Uh I know one of the things on the uh they're going to submit here is that um we only meet on Sunday. they work through the week that the when we when somebody uses their property that shouldn't be a reason if it's once a week once a month or if it's vacant property if it affects their property um allowing this to be permitted it's going to be um
not uh with the variance subject to properties work on semi trucks large storage trailers Some of the trailers are already there on the back part of the I presume it's the back part of this property already double stacked and and we haven't even got to the zoning yet. Um if you wanted to go and look at the property and see what's going on there. It will be an eyesore on 29. It'll be an eyesore to us along the north side adjoining this property. If you had a business or an office
on the property already built or somewhere um that you worked or church, would you want this property next door which is going to have se parked in it waiting for maintenance? And undoubtedly we're going to have trailers double stacked uh joining us. It's not going to be very long. Um you read it u in finding a fact as far as commercial zoning is concerned that outside storage is not allowed.
I've been a realtor for 50 plus years. I started very young. Uh I've been a commercial realtor for over 35 years and I will tell you that this will affect the value of our property. this presented as a nice big new building with a nice new uh things going on there. It's not going to be long before you have trucks parked uh all along there. And I would ask you if you if you were here and and your property adjoined this property and this type of use which is a
major variance in my opinion to the zoning of commercial. This should be HLI only and that's it. It is not. So I'd ask you to please please please look at it from the aspect that this the use of this property is not compatible with Thank you. Thank you, sir. I I would caution the board. Um opinion testimony is is limited to those that you've accepted as expert witnesses. So any
statements such as affecting my property value, you would need to qualify the witness. Even if I'm a commercial realtor, 35 years. Respectfully, sir, your three minutes is up. And we we appreciate your concern. We really do. Yes, sir. All right. Our next speaker will be Tammy Kirkland. And keep in mind, um, as you come up, come forward. Um, speakers, um, you have three minutes and, um, you know, so make sure you get it in in that in a proper time. Um, Tammy, um, if you would state your name and address and get sworn in by the board,
please. I'm Tammy Kirkland. I live at 5115 Barono Park School Road, Molino, Florida 32577. Please raise your right hand. Do you solemnly swear and affirm the testimony you're about to give will be the truth, the whole truth, and nothing but the truth be God. Thank you. Um, I live in Molino, but I I attend the church that's right next door to this. Um, and I do have some concerns. They might be my opinions, which y'all may not consider an opinion,
but I do want to clarify some things just so as neighbors, we can understand what might happen. So, we have uh some limited information here on these the findings and the criteria and and things of that nature, which us lay people really don't understand a lot of that that term. But um just one of them that I would want to get clarification on would be um criterion D,
the finding of fact about the um zoning will limit the vehicle service to the interior of a building only. Um, okay. Vehicle service. That could uh Can anyone say what that is? Because it excludes paint and body work or outdoor work. So, what's the difference going to go on in the building? And what are they going to do outside? And while and while the deputy my name is H Jones uh director for development service department. Um
those are good questions and and the applicant when he come he he can basically provide more insight but the findings what it the words what is there is what is there if it says limit on the inside of a building excluding outdoor work and painted body work that is an exclusion period straight forward. It kind of contradicts itself because it's saying it limits the work vehicle work to inside of a building. It says it excludes right because there are certain certain type of repairs requires outdoor work outdoor painting but in this zoning category with this conditional use
of approval it excludes that. Now we do have other zoning that does allow for that but this zoning would exclude we got and that's a very very broad definition and we going to follow that if there's any violation if it's approved. Okay. There going to be some consequences behind that. Okay. My next um I know my three minutes are going fast. Um what explain what type of buffer we're talking about that's going to go in between our property line and this property. What kind of buffer are we talking about? Is it going to be a privacy fence, a wood fence? Is it just going to be a chain link
fence? When you say buffer, what do you mean? So, one of the things about coming for conditional use is this board can impose conditions over and above those uh required by the code. So, in general, it would be a six-foot privacy fence supplemented with plantings. Um, this board can impose higher standards than that. So, that would be something you would want to uh address with the board and with the applicant. Okay. Um, another concern is it's my understanding that
that property at this time is on septic system. Is that going to remain as it turns into a commercial business? That will be a discussion that they will have to have with ECUA moving forward. Uh again, this is within a 20-year travel contour of a well. They ECUA is part of our development review committee and that is a discussion they will have with them. If sewer is available, ECUA will have them connect. Okay. Um and uh lost my train of thought. Okay. Um,
on this picture here, can y'all tell us where the building is going to be in relation to the red outline? Is it going to be right up against our our f our property line or is it going to be back south? So, in general, it will need to meet the building setbacks first of all. Second of all, when they turn in an actual engineered plan, it the determination of that besides the setbacks is going to be based on vehicle access. Can you get a vehicle in and out? Do you have room to install,
plant your buffering, and put in the fence? Um, the turning radius of vehicles factors into that. And my final my final concern is right now at this time frame that we do only have services on Sunday in the future. That's not to say we could not open a daycare. We could not have daily activities at the church. If there's going to be a daycare with small children, that is not compatible with what's going to go on over here. And and sure, I mean,
you could you could seek that. That would be a conditional use as well, just like this. Um, you would you would do the same thing they're doing and come to this board and uh request that. So, do they have access to this property from the old highway? It goes all the way through to 29 sliver. Sure. That sliver exists. Uh if you've gone by there and looked at it, it would be quite a challenge for someone to drive put a uh got uh tractor trailers lined up back
there on that little sliver. So what I'm what I'm trying to explain is when they turn in engineered plans showing their connections, uh engineering may require an access. I can't guarantee that. Um because what we're talking about today is the the use the use of the land. Can that use be conducted? Um we don't have the finalized engineered plans. Does anyone here know who owns those trailers that are already lined up on the property back there? It's almost like they're
already moving in. Do not um I was on the site. I saw the trees. I did not see trailers stacked up as of Sunday. They were there to walk back there. They got to line up all along that property line already. It's like they're already moving in. That would be that would definitely be something to reach out to our code enforcement. Absolutely. Absolutely. If Yes. And I and thank you Drew for saying that. If there's any actions that that may not be approved or authorized at this time,
that is a code enforcement action. Not not this body. That is a code enforcement action. Okay. And back back to the the daycare and the children possibility, who who would that issue go before instead of this this group here? Is that is that for another group? Right. Right. And and this the thing this the thing we cannot this this body we cannot go on a lot of speculation on what if in future uses and we do know churches grows just like other business
grows. So, so we can't just try to pinpoint them on on on something that that may happen. We got to deal with what is presented to us and what's going on at your at at the sanctuary at this time. That would not be fair to known to both parties. Well, my final concern would be I would just ask the board to please seriously consider this being next door to our church and what that would do to us. Thank you. Thank you. um before you leave the mic and um I'm gonna I'm going to respectfully
I want to respectfully ask the board, do you have any questions for Miss Tammy or um and also after Miss Tammy leaves the mic if you have any questions for the other speaker? I didn't I didn't give that opportunity when he was up. Um any questions? No questions. Okay. All right. Thank you, Miss Tammy. All right. Any questions for the other speaker? I do have a question with the attorney. Okay. Yes. Okay. We'll we'll wait till he comes up. Um staff, uh uh do you have any
closing statements? Uh no sir, we would and and I would like to ask um again this is not the end of the if it is approved by the board. This not the end of the process there. There's another process that Mr. Will done away been doing a long time. He knows that's called the site plan review process. And we would get into the the specific design criteria of the site storm water fencing buffering and and and in that and in that uh uh process if there's any if the boards approve it if there's
any other enhanced buffering requirement we could that that board can put that on. So I don't want to think that well they just come in and do what they want to do. They cannot they cannot when it come to the site plan I have they are very very subject matter experts and we can make sure that they meet the requirements of the code when it come if we issue them a development order and as they proceed to the next level of building the structure. So there will be some other additional I want to say hurdles but challenges. This is not the end if the boards approve of it.
Okay. Al you can you can come forward and as you come forward staff um um I know we have some new members here today. Um can you make it very clear on exactly the concern for today because sometimes you know um throughout the process you know we hear so much and we read so much but can you specifically make it clear to the board what we are here for today? So again, it's conditional use. Um these are uses that can be somewhat more intensive than those that
are allowed outright in each zoning district. And with this board's approval and any possible conditions you would wish to impose, it can be approved. Um you know, it it's like I said, these uses are sometimes a little more intense and depending on the neighborhood. Um, you know, sometimes it can be a a square peg trying to fit in there. Um, but that's that's why this process is here. Unlike a variance, this is not based on a unique physical hardship on the land.
This is more of a compatibility issue, which is why we stress the the buffering requirements uh and quite often distance requirements. it the distance requirements wouldn't matter or wouldn't come in in this case but the buffering does. Um and again this will if it's approved need to go through development review and if there's you know somebody wishes to challenge it it it will come back to you. So you're you are making that decision. I would remind
you to please base any decision you make on the criteria. Um and you know take in testimony that is based on those criteria because that is the only thing that your your staff can address is those criteria. Um and general statements don't always align with the criteria. Any questions from the board concerning that? No, not not with what staff said. I did have a question for you,
but Horus answered that. Great. Um, but for clarity on the record in regards to criterion D and the fencing and the border, just for clarity, if there is supposed to cover or block all view of outside stored vehicles at in general. Correct. So, if it's going to be taller, they're will the fence or the border need to cover all of that? So, keep in mind, um, your buffering
requirements are to alleviate impacts. Um, we do have a fence height requirement. It is commercial. They could go to 8 feet or higher. There's there's a limit to how high you can build a fence. So, um, other issues, you know, you're you're going to have setbacks from that property line. So, distance in itself when you have fencing factors in to that buffering.
All right. Thank you, Mr. Dunaway. Thank you, Mr. Chairman. Again, Will Dunaway for the applicant. Um, I thank you for your questions and also for staff's presentation. And I did want to clarify because one of the speakers did continually refer to this as a variance. This is not a variance. This is a conditional use request. Your code as the staff has laid it out allows for permitted use in commercial area and it allows for uses un with conditions in that area. And specifically for this use, a conditional use is allowed for utility trailer, heavy truck, uh, and recreational
vehicle sales, rental service limited to the same restrictions as used automobile sales. So, this is a a conditional use that is allowed in this zoning area. As you'll recall from the uh the map that you saw, this entire area is commercially zoned. Your uh future land use is commercial and the zoning is commercial. The church property is in a commercial zoning area and this property is right in the middle of commercial zoning area right now. It has been um it has a I would say a falling
house. It's a you'll see that up in the corner and it's very close to where the church is. You see that structure there? There's also kind of a ratty, that's my term, but but it's a like a truck or something that's sitting outside. It looks like somebody's selling insurance out of it, but it's weird. Um, yeah, there it is. A little bus. It's like an all of that's going to be gone. This is a redevelopment. Uh, the the planned application, the plan use is again for heavy for truck repair
inside. There will be a new uh building that will be built in the middle of the parcel and I want to address that. This is not something that we we go through the details of at this area but buffering has come up and I want to to make sure that you understand our plan or the applicant's plan has a single metal building which will be the shop where all work is inside that shop. big doors that open, you know, a a a building for repair of box trucks is what we're talking about. Those big
Pinsky moving trucks, those kinds of things. That's where that will be planned. Now on a preliminary site plan would put the thing is the the structure right in the middle. So about 105 feet from the If you'll put that uh aerial back up with the church that shows that Yeah. So approximately if I the the idea of the building is to center it as best we can right in the middle we're looking at the preliminary site plan now shows us about 105 ft from the boundary line
uh that is adjacent to the church that is the north boundary line about 115 feet from the south boundary line and about 75 ft from there it is this is a preliminary this is a survey and something that we will go through the permitting process with DRC as uh the director indicated but that is essentially what we're looking at again so that is good buffering uh the access the the property is that's not just an access way to the old highway that is part of the
property we we that would be owned in fee uh and then back there if you'll go back to the aerial I just wanted to point out um there is a huge huge um tower. The staff can help me out, but it it's a uh in your Yeah, right, Ariel. Right. Right there in that corner back right there. So, that corner there is a huge tower commercial tower structure that is already in that area just to um the east
of North Palifox. huge um moving uh storage areas, warehouses, lots of warehouses as the south you see uh there were some old old trailer parks and those kinds of things. So I think the important point is the staff report is very clear in showing that the applicant has met all of the criteria uh and in that way we would ask uh for your approval that being the evidence that is before you and I'm available for any questions. Any question from the board? Mr. Dunaway. Um, how can um just curious u
say when you have u those box trucks they come in for repairs even though they'll be being repaired inside the building. What if they come in with a motor leak or um transmission leak or hydraulic leak? Um is there any plan that you know that you're aware of um as far as you know keeping things under you know well certainly so I I know that the business has to operate in accordance with all of the regulations both uh the county regulations and in that case if you had a leaking
uh issue that would be a state case uh FD if there were any spill or something like that that would be immediately have would have to be reported to the Florida Department of Environmental Protection there are criteria for you know amounts of and then that spill has to be immediately remediated. So the plan which would be part of the operating plan uh would be one not to allow that two if that did occur to quickly address report and correct and and keep in mind
this isn't a a travel time contour from a well. So ECUA is going to require a a spill um yeah as part of that as part of the wellhead protection which we will address during the DRC uh which all of the commercial uh properties in this area um because ECUA has wells throughout the area um there is a specific criteria uh for that and all everything has to be double um if there were need
uh they have to be double lined and and a quick response process. And also to also to chairman, this is this is not going to be no savage yard, no junkyard, all not any of those things. Dishonora does not allow for it. And again, and if it and if it even start going that route, which I know that Mr. Well done and his client won't do that, there there is other protocols in place. code enforcement will definitely get involved because savage yards is it's a it's a problem
but in this area I promise you code enforcement will get involved which I don't they're not doing that anyway different set of rules different set of protocols different set of procedures thank you Mr. Yes, sir. Board members, any further discussion? Okay. Staff, anything else? No, sir. Okay. The chair will now entertain a motion regarding the item CU 2026-404.
And with your motion, please state whether or not you adopt the staff's findings of fact as presented by staff. If for any reason you do not accept staff findings, please go through all the criteria and and address each one specifically as to why you do not concur with the staff findings and provide substitute findings. Um, do we have a motion? I'll make a motion to accept staff's findings. Okay. Motion by Susan to to accept staff's findings. Do we have a
second? Second. And um any any further discussion? That's it. Okay. I just want to remind all of you um just to keep in mind when we vote um to we're here to not vote on our personal feelings, but we're here to vote and do the right thing by law. And uh sometimes that don't line up with our personal feelings sometimes. But um just just a reminder that be being said. Um all in favor?
Motion passes. None oppose. All right. At our next case, case number CU-2026-083090, Lillian Highway, a conditional use request to allow accessory structure in a front yard of a waterfront property. Requested by Chris E. Johnson and Kelly Z Johnson owners board. Has
there been any espart communication um or any site visits um concerning this? Seeing none, any board member um intends to refrain from voting due to a voting conflict of interest. Right. Seeing none, with the individuals who are a party to this item, please come to the podium and state your name and address for the record so you can be sworn in by the clerk. Yes, I'm Kelly Johnson. The property address is 1390 Lillian Highway, Pensacola. Please raise
your right hand. 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 be God. Thank you. Good morning. And um Miss Kelly Johnson, how are you? I uh I'm doing fine. Um would you like to uh hear the staff's findings and and then respond or would you like to um go ahead and um present your case um to the board? And I'll defer to the staff finding. Okay. Thank you. Go ahead. Uh good morning board. My name is Melissa Shirley. I'm an urban planner too here with development
services department. Um this uh case today is um a conditional use approval to allow an accessory structure within the front yard of a waterfront um lot measuring greater than 1 acre. The accessory um that is being proposed today. I want to remind the staff there was a recent find excuse me a recent conditional use um for a similar request. I want to make it um very clear this is an accessory structure not an accessory dwelling unit. There is a difference between the two. Um so let me go
forward here. So this is um the location map. This is um the zoning um with a 500 radius. This is the future land use. Um this is the flood zone and this is an aerial um photograph of the subject property. This is um looking um from Lillian Highway at the property. Um this is looking
east on Lillian Highway. Um this is looking again from Lillian Highway at the property. Um, this is looking west along Lillian Highway. Um, this is across the street looking um from the property across the street. Um, this is also looking from the property across the street. Um, this is a uh road. The property spans from Lillian Highway all the way to the water.
This is a road that um adjoins the property roughly halfway through. Um, and this is looking um at essentially their entrance area um along Rosarto. And then this is again looking at the driveway that they utilize along Rosarto. Okay. Um again um as to the findings of fact um here I want to um reiterate what the code um states here. When um the parcel is a waterfront lot,
um accessory structures can be located in the front yard um if the structures are proposed to be at least 60 ft um from the front line um of the property um as uh granted through a conditional use through the board. Um the first uh criterion general comp compatibility um it is um compatible with the character of the surrounding area. Um the applicant um has submitted already to the board a um site plan um proposing um the structure the accessory structure
which will be um a poleb barn um slashdetached garage. Um it will um uh be essentially um 75% of the gross square footage of their existing um single family dwelling which meets the criteria through the land development code. Um the second uh criteria facility and services um they will util utilize the same um services as their existing single family dwelling. Um,
as we go on to on-site circulation, um, this property, again, I mentioned it spans from Lillian Highway all the way to the waterline. Um, they do not, um, to the best of my ability, um, access um, their entrance on Lillian Highway as much as they access through Rosarto Way, which is set back from the road. Um and it's actually buffered by several um other residential um housing in that area. Um
there's a dirt road um that again spans the length of the property that they would use to access not only um this proposed um accessory structure but their single family dwelling. Um as to criterion D um nuisances and hazards um the use of the structure is in keeping with residential uses. There are no proposed um nuisance type uh um generators that are going to come from the use of
this um accessory structure at this location. Um as to criterion E and that's solid waste. Again, this um based off of what was submitted to our office, they will be using the same um method of waste as a single family um structure that is already existing here on the on the site. As to criterion F um screening and buffering, again, this um because it is a residential structure, it does not require any additional um buffering. Um it does u again sit on the property that spans
um over an acre from Lillian to the waterline and is surrounded by natural vegetation already. Um, as to criterion G, um, signs and lighting, again, this is a residential structure. Um, there are no proposed signage and any lighting would need to, um, meet the residential, um, building code here at this location. Um, for criterion H, the site characteristics, um, some
things to note, um, this, uh, property is located in several flood zones. However, the location of this accessory structure will be outside of um those flood zones. However, during the permitting process, there may be other criteria that um gets reviewed or are is required um but that would be handled at time of permitting. Um, also, um, based off of the site plan that was submitted to the office by the applicant, um, it appears that they, um, the location of
the proposed accessory structure will meet all of the setback requirements for the zoning district. Um as to criterion I the use requirements um this uh will comply um with the um additional continue or excuse me the additional um conditional use requirements um that are required in the LDC. And I'll just read that um excerpt right there. Accessory structures may be located in the front
yard of a waterfront lot if the structures are at least 60 feet from the front lot line. And um again um if the conditional use is approved at this location, the applicant will need to submit all of the um required plans for the permitting process for not only um the development services department to review, but also um the building department. Um, in conclusion, um, the staff's findings are that the staff recommends approval of the conditional use as it is requested.
Thank you, board. You have any questions for staff? Okay, you can go ahead. Yes, ma'am. Um, so we said we are requesting an accessory uh in the front yard of our property, and it does, like they've said, go from Lillian Highway all the way to the the bay. Um it's about two and a half acres. So this would just be um a poleborn for the storage of our yard equipment um boat, that type of thing. All right. Thank you board. Any question for uh Miss Johnson? Okay, staff. Anything else?
All right. If no further questions, um chair will now entertain a motion regarding item CU-20226-08. And with your motion, please state whether or not you adopt the staff's staff's findings. A fact as presented by staff or for any reason you did not accept staff's findings. Please go through all the criteria and address each one spec I'm sorry specifically as um to why you do not occur concur with staff findings and provide substitute findings. Um do we have a motion? Make a motion
that we accept the staff. Second motion by Ross and um second by JC. Um any discussion board? All right. All in favor right here. Motion passes. All in favor? Thank you. All right. Thank you. All right. Our next case is um number CU-2026-10 200 block New Warrington Road. A conditional use request to allow outdoor storage. Uh request by
Meredith Bush, agent for ATI properties of Pensacola, the owner. Um any espart communications regarding this case, board members, um any knowledge or information obtained from a site visit visit or other sources? Seeing none, um, if any board member intends to refrain from voting due to a voting conflict of interest. Yes, sir. Um, I'm not I don't need to recuse myself, but I do need to do a disclosure regarding this owner or this applicant. If I may, Mr. Chair.
Yes. I wrote a statement because it's my first day here. So, I want to make this correct. Um, I do understand I believe this is as locks that is the applicant. Um, so for the record, I want to disclose I do have a minor routine business relationship with the applicant's company. I use their services occasionally in the normal courses of my work. I do not have a financial interest in this applicant in the applicant or this application and this relationship will not affect my ability to evaluate the case based solely on the evidence and the land development code.
Madam Attorney, I'm sorry. Could you said that you have an ongoing business relationship with the applicant? It it is a it's a minor one. Um they rekey houses for me. Okay. Um so you conduct business with the applicant. Correct. They they re key. I don't believe that's going to allow me to uh I don't think that I'm not going to be biased on making that decision unless it sounds a customer of the applicant. I am. Yeah. Um so that's a conflict. Okay. Okay. And you're
going to need to fill out a form and uh abstain. Sure, I will recuse and abstain. Um, respectfully, my understanding of a conflict would simply beure a benefit as though he were an owner had an interest in it. Um, I mean, staff supports our, you know, position. I don't know that missing one votes going to to make a difference, but I I would disagree that it's a conflict for a customer and we're all customers of many businesses, uh, here in the county. Well, uh I think having an ongoing business relationship of any kind could be a conflict. Well, that if however you do,
your client does not have a concern and you do not consider it a conflict and you do not believe it will have any bearing on your vote. Um well, from from hearing you, I think to not muddy the record, I'm going to recuse myself. Thank you, Miss Susan. Um, I also use this vendor. I've never spoken to them, never ordered services, but I know my employees have 700 properties in the area.
I don't have any other attorney. Okay. If the nature of the relationship in either case is strictly that you may have been a customer at some time of this applicant of the business, uh then I will leave it to your discretion as to whether you would consider yourself biased in any way if you were to participate in this. I would not be biased. I will continue to I won't either,
but I don't want to muddy the record. So, I'm I'm the same situation as she's in. Well, then, you know, I think if the applicant does not have any concerns, you've stated it's not going to have any. I don't personally know him. I just use their company. Okay. Then, uh I think we're okay to Yes, sir. Miss Bush, has has there been any opposition to this request that you're aware of? None. No. Everything
Everything's been supportive. Staff supports our our request. Just one point of clarification. When Mr. Chair uh did call the case, he referenced the next case of New Warrington. This is actually um on Airport Boulevard. However, there's and that's just to to clear up a misstatement, but no, every everybody's been supportive um as indicated simply by the um statements made already. They're you know, great reputation company here in the community. I've called them myself before representing them to assist with, you know, when I was locked out of my house accidentally. So, um
you know, I don't know that there's any concerns from anybody, but we're happy to to present our findings. Um staff and is it I see what you're saying. I did move too far ahead to the next one. Is that is it okay for us to just take care of the next one since or how do we just start over from the next one? What's the proper way to do that? I I would just um clarify reread your script. Okay. For CU 2022609. And I also wanted to clarify. So a conflict would arise if if a person uh you would
have to abstain if a measure upon which you would vote would endure to your special private gain or loss financial special private gain or loss. So and it could be yours, it could be a relative, it could be a business associate. So that's that's the standard for determining whether you have a conflict. And just one additional point on that, the actual conditional use here is to allow um automobile sales at a site. Uh you know, they have a fleet of cars that go out. Um it's not
anything to do with rekeying locks as far as this conditional use. And it sounds like both customers would use their locksmith service. So to the extent they may be, you know, a more profitable business and be able to offer more locksmith services, I don't I don't know again that that's going to affect the customer's interests. And before we go further on, um I just want to state that um so there's no confusion with the board or anyone else. Um we are on case number CU-2026-09.
That's 129 Airport Boulevard. A conditional use request to allow automobile sales requested by Meredith Bush, agent for Ace Unlocks of Pensacola, Inc. Thank you. Thank you. Since I'm up here, um I would just say we defer to staff's findings. Um they're fully supportive and with the understanding that we will go through the development review committee process uh after this process depending on the outcome. boy. Um staff, any um anything else from staff? No, if you like. Um staff um Caleb McCarti,
AIC planner, ASP planner on behalf of the county. Um we found that it met all the criteria um of the conditional use request um and we can expedite this request if the board would so have it. Um contingent. We recommend approval contingent upon the completion of the development review process for site plan. Board. Any questions for staff? Any questions? Um further questions for Miss Meredith. All right. All right. Well,
at this time, the chair will entertain a motion regarding um item CU-2026-09. And with your motion, please state whether or not you adopt the staff's findings or fact as presented by staff. If for any reason you do not accept staff's findings, please go through all the criteria and address each one specific specifically as to why you do not um concur with staff's findings and provide substitute findings. Um do we have a motion?
A motion to adopt staff findings as fact. And we have a motion by um JC and um do we have a second? We have a we have a second by um Mr. Travis. Hi. Um all in favor raise your right hand. Motion passes. All in favor? Thank you. All right. Now we at case number CU2026-10
200 block Newton Road. A conditional use request to allow outdoor storage requested by Meredith Bush agent for ATI Properties of Pensacola. Um board any Esparte communications regarding this case knowledge of or information obtained from a site visit or other sources. Um anyone seeing none um any board members intend on refraining from vote due to a voting conflict of interest?
Seeing none. Okay. With the individuals who are a party to this item, please come to the podium, state your name and address for the record so you can be sworn in by the clerk. Uh Meredith Bush again, 314 South Balin, uh sweet 108. Um, this is another case that we can expedite. Uh, there's been no opposition. Staff is fully supportive. This is for outdoor storage of operable vehicles. It's a basically a property across from Warrington Auto, which is owned by ATI Properties. Um, they
would use the lot to park overflow cars, overflow parking that are either waiting to be repaired or repaired, waiting to be picked up. It's obviously not a junkyard or salvage or anything like that. It's basically a parking lot, but it's um outdoor storage because it's accessory to their uh existing automobile uh business. Thank you. Any questions on board staff? Any um comments? Um no, just to remind the board again, this is for outdoor storage. We found that it met all the
criteria for the conditional use um contingent upon the completion of the development review site plan review process. Um the application in a conversation with them. They have already started that process um with a pre-application. They'll need to put some screening and those type of things up. Um but of right now, we do recommend the conditional use as submitted. Okay. Thank you. Anything else from the board? Okay. Chair will now entertain a motion um regarding item CU-2026-10.
And with your motion, please state whether or not you adop adopt the staff's findings or fact as presented by staff. If for any reason you do not accept staff's findings, please go through all the criteria and address each specifically as to why you do not concur with staff findings and provide substitute findings. Um, do we have a motion? I move that we accept staff findings. Motion by Ross. Do we have a second? Second. Second by Susan. All in favor?
Motion passes. All in favor? And that's it for today for um for our cases. All right. Discussion. Uh we have several cases next month. The next meeting will be Wednesday, March 18th at 8:30. All right. They may be alone. Thanks, Doris. Hey, we're glad to have our board, our new board members today, too. Um, we're very glad cuz um we it hasn't been this full in a while. You know, it's been a while. And um I want
to encourage y'all to continue to come. Don't disappear on us because um it's so important that um our community gets represented fairly. You know, they don't Sometimes I feel like they don't get fair representation when we don't show up, you know. and I've been sick before and you know and had to be absent but you know things happen but I mean we'll try but try our best to get in here and do what's right and um anything u madam attorney no uh but with our new members particularly I will
in the near future maybe on a a a meeting date when there aren't a tremendous number of cases uh try to give you a public records uh review and sunshine law review. Perfect. Um um I do got a question. We have this we have this all the time. We try to tell but I just don't know the legal terms to tell people. Um we have if if people want to appeal the BOA decision. It does not come before this board. It goes back to the circuit court. Um and many time they be
asking well how can can can we help them? Can we do anything to help them to get that process started and and and many of the citizens sometimes well can y'all help us and I don't I got to go to circle court. So could you help explain I mean how can what's what's the right term to tell them just to go to the circuit court because many time they be wanting information we just don't have that insight like that. Well you could just point them to the provision in the land development code that you know provides a right of appeal. Mhm. Um but I probably would not go so far as to offer any
assistance with that. Right. Right. And and and we do not and some if they just don't like that then they get mad but we tell them we're not you got to call lawyers. Yeah. Yeah. A lawyer and do I get Yes. You got to pay you got to pay money for a lawyer. So So it just because that what they were saying I'm sorry there's nothing I can do. We can't help you if you want to appeal the bill decisions. Yes sir. Please, I I also want to add from experience that you shouldn't you should not make any estimate as estimates as far as the time it takes because it can take a long time.
It can take years and and it often does. Um so uh anytime we don't have any pending at the moment, but um I will always keep you advised uh when we have an appeal pending. Uh so you know but it happens periodically and and two uh especially with our new members if you suspect when you see an agenda that you may have any conflict of interest I would ask that you please um contact uh
Rachel and she can put you in touch with me and we can talk it through and I can uh you know make an informed decision. It's difficult on the fly when I don't know the circumstances and then I'm always going to air on the side of caution. Um, but it's helpful if you can give some advanced warning and there is a form if you need to abstain that has to be filled out and we can discuss that too. So, a concern of mine has been um since I've been on the board is
um um attendance and what could this board do to help attendance as far as like you know we just had a board member that has been gone for quite a while and you know um there was nothing it seems it seems like there was nothing just enforced. What could we do? What I would just make a comment with that is that specific board member was commissionerapp appointed. So there
uh Horus and myself were in contact with that commissioner specifically and that's why we have Travis now. Um with at large members they're only here for two years versus the commissioner ones you follow your commissioner and as if a new commissioner comes that will be appointed. Typically, I believe in the LDC it says if you miss four meetings consecutively, um your commissioner should be advised of that. So, and once the commissioner is advised, um
um what can be done to enforce that if they don't, you know, do anything about it? I don't think that's really the problem. It's finding somebody. Um the um one one of the uh one of the duties assigned to county commissioners is the right to appoint who they see fit to boards. Uh those appointees are ratified um through the BCC. Um we work for the administrator who works
for the board. We it's we can alert them to things but we uh we aren't bringing decisions in their direction. Okay. I mean ultimately you reach a point where you can't maintain a quorum and then it it most certainly comes to light that there's an issue. Um but otherwise with a particularly a commissionerapp appointed position there is little that can be done until someone gets reappointed. We and we have had that issues in the past where we didn't have a quorum or we get in the awkward
situation of having an even number in a split vote which is always a denial for the applicant. So, um let's avoid those if at all possible. You know, I don't see that happening in the future, you know. I mean, I think we got a good team, you know, and uh I just um you know, just in the future for when we're not here, you know, I was just trying to find some type of preventative way, you know, to prevent that because, you know, um it's good just to have a quorum, but it's also
good to have representation from each um district, you know, or at large seat, you know, is always good. And that's it. Anything else, Mr. Chair? May I? Yes, sir. Um, I thank you for allowing me to, you know, speak. I will not be here next month. Not because I don't want to do this. No. So, um, I just have a prior commitment prior to being appointed. So, um, I won't be here next month, but I'm good after that. No, it's fine. Things happen. I mean, things happen. We just had a a
another situation, but um but we good. We good. If nothing else, um, this meeting is a journ. This woman if you can pull up on the pillar that'll be good. That's who he's on replacing.