[00:00:02]
[1. CALL TO ORDER]
SOMEWHERE AROUND THERE.I'M GONNA CALL THIS MEETING TO ORDER.
[3. APPROVAL OF AGENDA]
NEXT ON THE AGENDA IS, UH, THE APPROVAL OF THE AGENDA.DID ANYBODY, UH, WANT ANY CHANGES? I MAKE A QUESTION THAT WE APPROVE THE AGENDA.
MR. EVERETT YEAGER, THE YEAGER? YES.
[4. APPROVAL OF MINUTES]
NEXT ORDER OF BUSINESS IS THE APPROVAL OF THE MINUTES FROM JANUARY 17TH TO 2020.WE, WE DIDN'T HAVE A MEETING ALL YEAR, CORRECT? THAT'S CORRECT.
SO I SECOND, ARE YOU SECONDED MR. C? YES, SIR.
WE'RE NOW AT THE TIME FOR CITIZENS COMMENTS.
WE HAVE NO ONE HERE, MS. CHAIR.
I THINK SOMEBODY TAKES OVER FROM HERE, RIGHT? NO MA'AM.
AT THIS TIME YOU TURN IT OVER TO THE NEW ZONING ADMINISTRATOR.
UH, OR I'M SORRY, ASSISTANT PLANNING DIRECTOR.
[6. ELECTION OF CHAIRMAN FOR 2025]
WE'LL MOVE ON TO ELECTION OF CHAIRMAN FOR 2025.UM, ATTACHED AS THE RESOLUTION FOR CHAIRMAN FOR 2025.
DO WE HAVE ANY NOMINATIONS? YOU DID SUCH A GOOD JOB.
YOU MAYBE IN A LITTLE ACTION THIS YEAR.
WELL, I'LL MAKE A MOTION THAT WE, UM, UH, KEEP THE SAME CHAIRMAN WE HAD FOR THE 24 YEAR.
NORMALLY AT THIS TIME, THE CHAIR WOULD TURN IT BACK OVER TO YOU, MADAM CHAIR, AND YOU TAKE IT FROM HERE.
[7. ELECTION OF VICE CHAIRMAN FOR 2025]
SO NOW WE NEED TO HAVE SOMEONE AS THE VICE CHAIR.I'M SORRY, WE NEED TO READ THE, UM, THE RESOLUTION.
DO I NEED TO READ THAT INTO THE MEMO? YES, I DO.
I THINK
SO THE BOARD OF ZONING APPEALS OF COUNTY OF DENWOODY, VIRGINIA, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF DENWOOD COUNTY, VIRGINIA, THAT TRACY SHEETS SHALL BE APPOINTED AS THE CHAIRMAN OF THE BOARD FOR ZONING APPEALS OF DENWOOD COUNTY, VIRGINIA FOR THE YEAR 2025 OR UNTIL SHE RESIGNS, IS UNABLE TO HOLD OFFICE OR UNTIL A SUCCESSOR SUES OFFICE.
AND THAT WAS A MOTION BY MR. C AND SECOND BY MR. VAS.
SO NOW WE'RE ONTO THE BUSINESS OF POINTING OF VICE CHAIR.
ANY NOMINATIONS? DON, YOU WANT THAT OR YOU DID A GREAT JOB? WOOD, BUT IF YOU WANT ME TO, I YOU JUST AS BAD AS I'M
WAS THAT A MOTION FOR MR. YEAGER? YES.
SO LET'S READ THIS IN, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF DENWOOD COUNTY, VIRGINIA, THAT WILSON YEAGER SHALL BE APPOINTED AS THE VICE CHAIRMAN OF BOARD OF ZONING APPEALS OF DENWITY COUNTY, VIRGINIA FOR THE YEAR OF 2025.
OR UNTIL HE RESIGNS, IS UNABLE TO HOLD OFFICE OR UNTIL A SUCCESSOR ASSUMES OFFICE.
[8. ELECTION OF SECRETARY FOR 2025]
[00:05:05]
SO THE NEXT BIT OF BUSINESS IS THE ELECTION OF THE SECRETARY FOR 2025.DO WE HAVE A I'M NOT GOING ANYWHERE.
SO DO WE HAVE A, A MOTION FOR, WELL, I MAKE A MOTION WE, UM, KEEP HAVING ON ANYBODY COME SECOND THAT OKAY? YEP.
SO WE'LL READ THIS IN, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF DENWOODY COUNTY, VIRGINIA, THAT ALVIN GURLEY SHALL BE APPOINTED AS THE SECRETARY OF THE BOARD OF ZONING APPEALS OF DENWOODY, VIRGINIA FOR THE YEAR 2025 OR UNTIL HE RESIGNS, IS UNABLE TO HOLD OFFICE OR UNTIL A SUCCESSOR ASSUMES OFFICE.
[9. DETERMINATION OF MEETING SCHEDULE FOR 2025]
SO NOW WE'RE ON TO THE BUSINESS OF DETERMINING THE MEETING SCHEDULED FOR 2025.WE, I THINK WE WANT TO CONTINUE TO HAVE IT ON THE THIRD WEDNESDAY OF THE MONTH.
AND THEN IF THERE ARE, OBVIOUSLY IF THERE ARE NO, UH, PUBLIC HEARINGS, UH, WE CAN COUNSEL THOSE.
DOES THAT SATISFY THAT? DIDN'T, DIDN'T WE HAVE IT EVERY OTHER MONTH? YES.
MRS. C, THE WAY IT WAS SET UP, THAT'S THE WAY USED TO BE SET UP.
IT USED TO BE SET UP THAT WAY.
AND NOW IT'S IT'S EVERY MONTH.
BUT WE CANCEL THEM IF THEY, WE DON'T HAVE ANY BUSINESS BEFORE US.
THAT WAY PEOPLE COULD KEEP THEIR CALENDARS.
IF WE HAD TO CALL A SPECIAL ONE, YOU KNOW, WE DIDN'T HAVE TO SCRAMBLE AT THE END.
WELL, OBVIOUSLY WE DON'T KNOW HOW SUCCESSFUL OR UNSUCCESSFUL THAT WOULD BE SINCE WE DIDN'T HAVE ANY TO TRY IT OUT ON, BUT, RIGHT.
SO WE WANT TO KEEP YOU EVERY MONTH SO YOU DON'T HAVE TO HOLD ANYBODY OVER FOR ANOTHER MONTH OR SOMETHING LIKE THAT.
CORRECT? YEAH, I AGREE WITH THAT.
SO ARE YOU MAKING A MOTION, MISSISSIPPI? I'LL MAKE A MOTION.
MR. CHAIR, I JUST FOR STAFF, SOMEBODY PULL OUT A CALENDAR.
I'VE GOT A NOTE HERE THAT ON THE REGULAR MEETING DATES THAT WE'VE GOT OUTLINED THAT MAY 14TH IS INCORRECT.
IT SHOULD BE MAY 21ST, BUT I COULD BE INCORRECT TOO.
OH, SHALL SHALL I READ THEM SO WE CAN COORDINATE? DO WE WANT NO.
SO, SO WHAT'S ON Y'ALL SHEET? 21ST? FIRST MAY 21ST.
I'M SORRY I DIDN'T GIVE YOU THE UPDATED ONE.
HOW ABOUT THAT? THE 21ST IS THE THIRD WEDNESDAY? YES, IT'S FINE.
I JUST HAD THIS WRONG RESOLUTION IS WHAT? SO, OKAY, SO ALL'S WELL NEED A MOTION AND A SECOND TO, UH, ADOPT THE SCHEDULE.
I PARDON? I MADE A MOTION TO ACCEPT.
MR. P, WAS THERE ANY OLD BUSINESS THAT NEEDED TO COME BEFORE US OR REVISIT MADAM CHAIR? WE HAVE NO OLD BUSINESS TO DISCUSS.
WELL THEN THAT'LL BRING US TO NEW BUSINESS.
WE ALSO HAVE NO NEW BUSINESS TO DISCUSS.
IS THERE, IS THERE ANYTHING ON THE HORIZON? ARE THERE ANY CASES A POSSIBILITY OF CASES COMING UP ANYTIME SOON? UM, I'M NOT AWARE OF ANY UPCOMING CASES.
UM, I'VE HAD A COUPLE CONVERSATIONS WITH, WITH SOME INDIVIDUALS OVER THE PAST MONTH.
UM, I'VE BEEN ABLE TO SWAY THEM AWAY FROM APPLYING, UM, DUE TO THE FACT THEY DON'T QUALIFY.
BUT OUTSIDE OF THAT, UM, WE HAVEN'T HAD ANY, UM, SERIOUS INQUIRIES ABOUT VARIANCES OR APPEALS, UM, SINCE I BECAME ZONING ADMINISTRATOR IN AUGUST.
[12. REVIEW OF BY-LAWS]
MOVE ON TO REVIEW OF THE BYLAWS.[00:10:02]
IF THERE'S BEEN NO CHANGES IN THE BYLAWS OF REVOLUTIONS, I MAKE A MOTION THAT WE ACCEPT THEM AS THEY ARE, THAT WE READ FROM LAST YEAR IN JANUARY OF 24.IF NO CHANGES OR UM, ANYTHING HAS BEEN REMOVED, I MAKE A MOTION THAT WE ACCEPT THE BYLAWS.
HAS THERE RIDDEN SECOND IT MR. BOSEK? YES.
SO LET ME READ THIS IN WHERE SECTION 22 DASH 39 OF THE ZONING ORDINANCE AND THE DENWOODY COUNTY CODE STATES, THE BOARD OF ZONING APPEALS OF DENWOODY COUNTY SHALL ADOPT SUCH RULES AND REGULATIONS AS IT MAY CONSIDER NECESSARY.
AND NOW THEREFORE BE IT RESOLVED THAT THE BOARD DOES HEREBY ADOPT THE DENWOODY COUNTY BOARD OF ZONING APPEALS BY LAWS.
[13. REVIEW CODE OF ETHICS AND STANDARDS OF CONDUCT]
AND THEN IT LOOKS LIKE THE LAST BIT OF BUSINESS WE HAVE WOULD BE A REVIEW OF THE CODE OF ETHICS AND STANDARDS OF CONDUCT.AGAIN, BE SEEN, VERY FAMILIAR.
DOES ANYONE SEE A NEED TO MAKE A CHANGE OR UPDATE? OKAY.
I THINK I WOULD COMMENT ON FOR THIS IS THAT, UM, I THINK MAYBE WE SHOULD PUT IT IN THERE OR, UM, SCHEDULE THAT EVERY OTHER YEAR, AT LEAST EVERY OTHER YEAR, WE REVIEW THIS AND READ THROUGH JUST TO REMIND US OF THE CODE AND ETHICS.
UM, JUST A MOTION TO, OR A SUGGESTION TO ACTUALLY READ THROUGH THIS AT LEAST EVERY OTHER YEAR.
I THINK WE TALKED ABOUT THAT LAST YEAR.
YEAH, LAST YEAR WE DID NOT READ IT INTO THE RECORD SINCE IT, AGAIN, IT HAD NOT BEEN CHANGED LAST YEAR.
SO ARE YOU SAYING WE WANNA READ IT INTO THE RECORD THIS YEAR? UM, WHAT DO WE WANNA START IN 26? I WOULD SAY 26.
CAN WE HAVE A NOTE OF THAT SOMEWHERE? MOTION.
ACCEPT THAT I THINK WE'RE JUST REVIEWING IT.
OR DO WE, DO WE HAVE AN MOTION? A MO DO WE NEED A MOTION TO ACCEPT THIS? NO, NO.
YEAH, WE'RE JUST REVIEWING THESE.
I WILL MAKE A NOTE OF WHAT, UH, MR. YEAGER SAID.
[14. BOARD MEMBER COMMENTS]
WE HAVE ANY COMMENTS FROM ANY OF THE BOARD MEMBERS? WELL, I THINK THE COUNTY HAS DONE A PRETTY GOOD JOB OF, YOU KNOW, TAKING CARE OF BUSINESS SO IT DOESN'T HAVE TO COME BEFORE US.I KNOW WE HAD A LOT OF, YOU KNOW, ISSUES IN NORTH, UH, DENWOODY WITH THOSE LOTS THAT WERE NON-CONFORMING AND ALL.
AND I THINK ISSUES HAVE BEEN WORKED OUT WHERE YOU CAN HANDLE THAT WITHOUT BRINGING IT TO US.
AND, YOU KNOW, I THINK THAT'S A BETTER, BETTER WAY.
I KNOW THEY'VE WORKED HARD OVER THE YEARS TO, TO MAKE SURE THAT WE ARE IN REALLY GOOD SHAPE SO THAT PEOPLE DON'T HAVE TO COME HERE AND SPEND THEIR MONEY.
WELL, WHEN IT WAS FREE, YOU KNOW, EVERYBODY CAME
I THINK THAT PUT A SCREECHING HAUL TO IT.
WE COULD WEIGH WAY THE OTHER WAY TO
WELL, THEY WOULD STILL HAVE TO QUALIFY, BUT THINK IT SHOULD BE NOTED THAT WE, UH, LOST, UH, A PAST MEMBER.
THE BORN IN, UH, THOSE OF APPEALS.
[00:15:01]
CONTRIBUTED A LOT TO THIS ORGANIZATION AND, UH, SHE'LL TAUGHT ME A LOT.WE'RE GOING, IT'S GONNA BE MISSED.
[15. ZONING ADMINISTRATOR COMMENTS]
COMMENTS FROM THE ZONING ADMINISTRATOR? THE NEW KID ON THE BLOCK? YEAH, SO IT WAS VERY NICE TO MEET YOU ALL TONIGHT.I DIDN'T GET THE CHANCE TO SHAKE HIS HAND, BUT I SEE HIM ALL THE TIME.
UM, BUT ONCE AGAIN, MY NAME'S MATTHEW BERTH.
UM, I'M A LIFELONG RESIDENT OF DENWITTY COUNTY.
UM, GRADUATED FROM DENWITTY HIGH SCHOOL.
UM, GRADUATED FROM VIRGINIA TECH, UM, A FEW YEARS BACK.
UM, MY PREVIOUS EXPERIENCE FOR, UH, BECOMING THE DENWITTY WAS I WAS THE PLANNING DIRECTOR FOR, UM, THE CITY OF EMPORIA, VIRGINIA.
UM, I WAS VERY EXCITED FOR THE OPPORTUNITY TO COME HOME, UH, TO CONTINUE WORKING IN THE FIELD THAT I STUDIED IN.
UM, I'M VERY, UH, GRATEFUL, UM, TO WORK UNDER MR. BASSETT AS BEING A GREAT MENTOR FOR ME.
UM, AND I'M VERY EXCITED TO WORK WITH YOU ALL.
UM, LIKE YOU SAID, UM, WE AS A STAFF, WE, WE TRY TO, TO WORK WITH EVERY APPLICANT WHO COMES IN, EVERY CITIZEN WHO COMES IN WITH QUESTIONS TO TRY TO FIND A SOLUTION.
SO THEY DON'T NEED TO COME HERE.
UM, AS WELL AS NOT ENCOURAGE THOSE WHO WANT TO APPLY FOR A VARIANCE OR APPEAL FOR A SITUATION WHERE THEY DON'T QUALIFY.
UM, YOU SEE THAT VERY COMMONLY ACROSS THE STATE WHERE, UM, INDIVIDUALS WILL TAKE ADVANTAGE OF, OF CERTAIN BOARDS, UM, WHO ARE NOT AS EDUCATED, UM, IN THE MATTERS OF THE ZONING APPEALS, UM, AREA.
AND I FEEL AS IS MY JOB IS TO MAKE Y'ALL'S JOB EASIER BY KEEPING, BY KEEPING THOSE PEOPLE FROM OUT OF THIS ROOM.
SO EVERY DAY I STRIVE TO HELP THE PEOPLE WHO, WHO, WHO TRULY DESERVE IT BECAUSE LIKE, LIKE YOU ALL KNOW, IT'S BASED ON HARDSHIP.
UM, BUT JUST BECAUSE SOMEBODY CAN'T BUILD THEIR HOUSE WHERE THEY WANT TO DOES NOT MEAN IT'S A HARDSHIP.
SO, UM, EVERY DAY, MYSELF, MARK, AND, UH, WE ALSO HAVE A NEW, UH, STAFF MEMBER.
UM, SHE STARTED THE SAME DAY I DID.
HAILEY KEEN, SHE'S OUR PLANNER ONE.
UM, SHE ASSISTS THE PUBLIC TWO.
AND WE ALL STRIVE TO, UM, TO HELP THE PUBLIC AS BEST AS WE CAN, UM, TO THE MOST REASONABLE MATTER.
SO YOU ALL AREN'T SWAMPED WITH, WITH CASES THAT, THAT DON'T QUALIFY FOR, FOR VARIANCES AND WHATNOT.
SO I'M REALLY HAPPY TO BE HERE.
IT WAS GREAT MEETING YOU ALL AND I'M, UH, HOPE TO SEE YOU SOON-ISH.
YOU KNOW,
UH, WHO DETERMINES, UH, TO QUALIFY? SO THERE ARE STANDARDS THAT ARE SET FORTH IN THE ZONING ORDINANCE, UM, THAT STATE I THOUGHT EVERYBODY WOULD QUALIFY IF THEY HAD TO MAKE AN APPEAL.
EVERYBODY HAS THE RIGHT, I VIEW IT AS MY JOB AS TO EDUCATE THEM ON WHY THEY DON'T APPLY.
SO THEREFORE THEY'RE NOT COMING IN HERE AND WASTING THEIR TIME.
NO, I DON'T TELL PEOPLE STRAIGHT UP THAT YOU DON'T HAVE THE RIGHT TO, TO APPLY.
I TRY TO EDUCATE THEM INTO WHY THIS AVENUE IS NOT THE CORRECT AVENUE.
THEY NEED TO GO DOWN TO GET TO THE END RESULT THEY WANT.
WELL, IF SOMEBODY WANT TO BUILD ON, ON A HOUSE, AND WE HAVE THIS ALL THE TIME ABOUT SIDE BACK, UH, SIDE YARDS, REAR YARDS, FRONT YARDS, YOU KNOW, UM, IF SOMEBODY HAD A LOT AND ONE OF THOSE ISSUES IS THE REASON THAT THEY CAN'T, UH, BUILD A HOUSE THERE, WHO MAKES THAT CALL? YOU ALL DO.
SO THAT COMES ON TO THIS BOARD.
I EXPLAIN TO THEM WHY I CANNOT PERMIT THEM TO DO WHAT THEY WANT TO DO.
BASED OFF THE ZONING ORDINANCE.
I GIVE THEM THEIR AVENUES, UM, OF, OF HOW THEY CAN ACHIEVE WHAT THEY WANT.
UM, THERE ARE SOME CIRCUMSTANCES WHERE A VARIANCE DOES A APPLY TO THE INDIVIDUAL, BUT THEN THERE'S A LOT OF, IN A LOT OF CASES WHERE IT DOESN'T, UM, THE CASES WHERE IT DOES, I SAY EXPLAIN TO THEM THE VARIANCE PROCESS.
EXPLAIN TO THEM HOW THEY WOULD QUALIFY FOR THOSE WHO DON'T.
I SAY, YOU HAVE THE RIGHT TO APPLY FOR THIS VARIANCE, BUT HERE THE CRI HERE'S THE CRITERIA AND HERE'S WHERE I DON'T THINK YOU MEET IT.
BUT AT THE END OF THE DAY, IF, IF, IF THEY FEEL AS IF THEY WANT TO MOVE FORWARD WITH IT, THEY'RE, IT IS THEIR RIGHT TO DO IT.
I JUST FEEL IT IS MY RESPONSIBILITY TO EDUCATE THOSE PEOPLE TO WHY THAT'S NOT THE RIGHT AVENUE.
[00:20:04]
SO IF IT'S A FIVE OR 10 FOOT VARIANCE IN ORDER TO QUALIFY TO BUILD A HOUSE ON THAT LOT, WHAT WOULD YOU SAY? THEY DON'T QUALIFY.I WOULD NEED COME, IT'S, IT'S EVERY, EVERY SITUATION IS DIFFERENT.
SO I CAN'T, I CAN'T REALLY GIVE A CLEAR ANSWER AS TO WHAT I WOULD SAY.
I WOULD NEED TO SEE THE LAY OF THE LAND.
I WOULD NEED TO SEE THE PARCEL SIZE.
I WOULD NEED TO KNOW WHAT THE ZONING DISTRICT IS.
UM, EACH, EACH CASE IS, IS, IS DIFFERENT.
UM, I'M NOT GONNA TELL SOMEBODY.
SO IN OTHER WORDS, IF YOU TOLD THEM THAT THEY DON'T QUALIFY, YOU KNOW, THIS IS THE ISSUE OF THE PROBLEM OR ANYTHING LIKE THAT, UH, YOU ALSO TELL 'EM THAT THEY DO QUALIFY TO COME BEFORE THE ZONING BOARD OF YES.
THEY ALWAYS HAVE THE RIGHT TO COME BEFORE YOU ALL, I JUST EXPLAINED TO THEM WHY THEY KNOW.
I JUST, I JUST EXPLAINED TO THEM THE, THE LIST OF WHAT QUALIFIES THEM AS A HARDSHIP AND WHAT WOULD QUALIFY THEM FOR A VARIANCE.
AND SAY, THIS IS WHERE YOU'RE KIND OF MISSING THE MARK ON WHY YOU WOULDN'T, WOULDN'T FALL UNDER THE, THE, THE REASONS FOR GRANTING A VARIANCE.
ANYTHING ELSE, MR. CHAIR? I JUST, AND MR. JAGA, I DON'T KNOW, UM, HOW MUCH THEY COMMUNICATE.
BUT ANYWAY, YOUR TERM RAN UP AT THE END OF DECEMBER.
DID YOU, I ASSUME YOU KNOW THAT AND YOU NEED TO GO OVER AND GET A OATH OFFICE IF YOU'VE DONE I HAVEN'T DONE IT, SO I'VE DONE THAT ALREADY.
I, UH, I JUST, I I SEE THE TERMS AND I SAW 'EM EXPIRING AND I KNOW THE JUDGE HAS SIGNED THIS HERE IN LATE IN DECEMBER, SO I WANTED TO MAKE SURE IT, IT COMMUNICATED TO YOU SURE.
RAN OUT TO, OR JUST I THINK MINE RAN OUT TO YEAH, I WENT OVER.
YOU'LL RECENTLY AND AT BEEN BROUGHT BACK IN.
YOU'LL, YOU'LL FIND THAT'S ONE MORE THING.
I WISH I MADE THAT BEFORE I AGREED.