[00:00:02]
[1. Call to Order]
ORDER THE MONDAY, JUNE 26TH, 2023 BOARD OF ADJUSTMENT MEETING.AND TO START OFF, WE'RE GONNA GO WITH A ROLL CALL.
HAS ANYBODY, HAD EVERYBODY HAD
[3. Approval of meeting minutes]
TIME TO LOOK AT THE MINUTES FROM THE LAST MEETING? YES.I MAKE A MOTION TO APPROVE THE MINUTES.
SO WE HAVE A MOTION AND A SECOND FOR ANY DISCUSSION.
[4. New Business]
ON TO OUR NEW BUSINESS AND WE'RE GONNA DISCUSS THE CONSIDERATION OF A SPECIAL USE PERMIT FOR AN EDUCATIONAL USE LOCATED AT 2105 COUNTRY CLUB ROAD.THE PROPERTY IS FURTHER IDENTIFIED AS CRAVEN COUNTY PARCEL IDENTIFICATION NUMBER EIGHT DASH 0 39 DASH 4 0 1.
SETH, DO YOU HAVE ANYTHING TO YES, SIR.
UM, SO AGAIN, THE APPLICANT HERE IS RAVEN SIMMONS.
THE PROPERTY IS LOCATED AT 2105 COUNTRY CLUB ROAD.
EXISTING ZONING OF THE PROPERTY IS R 10 AND THE REQUEST IS FOR AN EDUCATIONAL USE.
UM, USE CODE 5.310 FOR A CHILD DROP IN, UH, OR DROP IN DAYCARE.
CHILDCARE, THE LOT SIZE IS, UH, 0.31 ACRES AND IT, IT'S CURRENTLY, UH, A VACANT CHURCH ON THE PROPERTY.
YOU CAN SEE THE AERIAL PHOTOGRAPH OF THE PROPERTY HERE ON COUNTRY CLUB ROAD.
AS WE STATED BEFORE, THE ZONING IS R 10.
YOU CAN SEE FROM THE TABLE OF PERMITTED USES SECTION 15 1 46.
THAT USE CODE 5.310 EDUCATIONAL USE LOCATED IN A BUILDING WITH A GROSS FLOOR AREA NOT TO EXCEED 3,500 SQUARE FEET IS A SPECIAL USE IN THE R 10 ZONING DISTRICT.
WE'VE GOT THE SITE PLAN FOR YOU.
ALL THE PROPERTY WAS, UH, PROPERLY NOTICED ADJACENT PROPERTY OWNERS AND, UH, POSTING ON SITE.
THE PROPOSED PROJECT WAS REVIEWED AND APPROVED BY THE CITY'S DEPARTMENTAL SITE PLAN REVIEW COMMITTEE ON SIX, UH, 6 0 1 23.
STAFF FIND THE PROPOSED PROJECT IS CONSISTENT WITH THE PLANS, RULES, AND REGULATIONS OF THE CITY OF NEW BERN.
WITH NO FURTHER CHANGES, I'D LIKE TO ALSO ADD THAT, UH, IN 2021, THE SAME PROPERTY RECEIVED A SPECIAL USE PERMIT, UM, FOR THE SAME USE CODE.
IN THAT CASE, IT WAS A ART ART GALLERY.
UM, SO WE, HERE WE ARE TWO YEARS LATER FOR A VERY SIMILAR USE REQUEST.
SO UNDER THE STAFF'S RECOMMENDATION, ACCORDING TO 15 1 46 OF THE LAND USE ORDINANCE AND EDUCATIONAL USE WITHIN A BUILDING, HAVING A GROSS FLOOR AREA NOT TO EXCEED 3,500 SQUARE FEET MUST OBTAIN A SPECIAL USE PERMIT TO OPERATE IN THE ART 10 ZONING.
DISTRICT STAFF FINDS THAT THE APPLICANT HAS MET ALL THE LAND USE ORDINANCE REQUIREMENTS OF SECTION 15 DASH 54.
FIRST ISSUED PERMIT HAS NO OBJECTION TO THE APPROVAL OF THIS REQUEST.
I'LL BACK UP THIS PHOTOGRAPH HERE.
HAPPY TO TAKE ANY QUESTIONS ON THE BOARD.
DO WE HAVE ANY, ARE WE OKAY? OKAY.
DO WE HAVE ANYBODY HERE TO SPEAK ON BEHALF OF THE APPLICANT, MR. CHAIR? I DO THINK THE APPLICANT IS HERE OR THE APPLICANT'S REPRESENTATIVE.
I'M ALSO, UM, BEING ADVISED BY STAFF THAT THERE ARE SEVERAL OTHER NOTIFIED PROPONENTS THAT ARE HERE THAT WOULD LIKE TO SPEAK ALSO.
SO IT MAY BE PRUDENT TO SWEAR EVERYBODY AT THE SAME TIME IF YOU PLEASE.
SO IF WE HAVE BOTH THE APPLICANT AND SOME FOLKS THAT, UM, ARE GONNA SPEAK, UH, WHETHER IT BE FOR OR AGAINST THE APPLICATION, PLEASE COME FORWARD AND WE CAN
[00:05:01]
GET EVERYBODY AFFIRMED SO WE CAN CONTINUE WITH THE DISCUSSION.SO WE HAVE ONE ADDITIONAL MEMBER HERE.
DO WE, SHOULD WE GO THROUGH THE ROLL CALL ONE MORE TIME AND ADD FOR PRESENCE? NO, SIR.
I THINK THE RECORD WILL REFLECT THAT MR. FERGUSON HAS ARRIVED AND SINCE HE'S A DULY APPOINTED MEMBER, HE HAS ALL THE PRIVILEGES OF EVERYBODY ELSE.
SO WITH EVERYBODY TOGETHER, SHOULD WE ASK FOR THE APPLICANT TO COME FORWARD AND YES SIR.
IF THE APPLICANT OR THE APPLICANT'S REPRESENTATIVE WOULD LIKE TO MAKE ANY OR OFFER ANY EVIDENCE IN SUPPORT OF THE APPLICATION, THIS WOULD BE AN APPROPRIATE TIME.
PLEASE STATE YOUR NAME, UM, AND RESIDENCE AS YOU GET READY TO START.
SO MY NAME AND WHERE I LIVE AT, YOU SAID MY NAME AND WHAT? OH, UM, MY NAME IS RAVEN SIMMONS AND I LIVE ON 9 0 6 MEADOW STREET IN NEWBURN.
SO IS THERE ANYTHING YOU'D LIKE TO ADD TO THE PROCESS IN ADDITION TO WHAT SETH HAS ALREADY DISCUSSED ON THE APPLICATION? YES.
SO ADDITIONAL COMMENTS OR THINGS THAT WE MIGHT BE INTERESTED IN HEARING AS WE GO THROUGH THE CONVERSATION PRIOR TO THE TIME THAT WE ASKED FOR, UH, RESIDENTS TO COME FORWARD AND SPEAK, EITHER FOR OR AGAINST? I DON'T THINK SO.
SO YOU, WE, YOU THINK THE APPLICATION IS COMPLETE AND PRESENT THE WAY IT'S ALL LISTED? YES.
SO SHOULD WE TAKE A VOTE NOW ABOUT THE N NO, SIR.
ABOUT IT BEING, UM, NEXT UP IS, ARE ANY NOTIFIED PROPONENTS? SO IF THERE'S ANYONE, UM, IN THE AUDIENCE WHO HAS RECEIVED A LETTER NOTIFYING THEM OF THIS HEARING AND WOULD LIKE TO SPEAK IN FAVOR OF THE THE APPLICATION, THIS IS THEIR OPPORTUNITY TO DO SO? YES.
IS THERE ANYBODY THAT WOULD LIKE TO COME FORWARD AND SPEAK IN FAVOR OF THE PERMIT APPLICATION? OKAY.
COME FORWARD AND JUST STATE YOUR NAME AND RESIDENCE.
THIS GENTLEMAN WOULD NEED TO BE SWORN.
I DON'T THINK HE WAS SWORN IN THE FIRST BATTERY, SO, OKAY.
SO WE, WE NEED TO GO BACK THROUGH THE, UH, HOW YOU GUYS DOING TODAY? GOOD.
HOW ARE YOU? GO AHEAD AND STATE YOUR NAME AND YOUR RESIDENCE.
UM, I LIVE 9 0 6, UH, MEADOW STREET.
AND SIR, DID YOU RECEIVE A LETTER ABOUT TODAY'S HEARING? UH, YES MA'AM.
I RECEIVED A LETTER, A LETTER, AND I WAS ALSO INFORMED BY THE, UH, APPLICATION.
AND COULD YOU TAKE THE MICROPHONE MAYBE AND STEP, TURN IT UP A LITTLE.
UM, SO I WOULD, BASICALLY, THIS IS MY FIRST TIME I OBVIOUSLY BEING HERE, BUT, UM, EVER SINCE WE STARTED THIS PROJECT WE'VE HAD MINOR SETBACKS, NOT NOTHING MAJOR, UM, BUT I FEEL LIKE COMMUNITY-WISE, UM, I HONESTLY FEEL LIKE IT'S A GOOD THING.
UM, I GREW UP IN SOUTH CAROLINA, UM, I DIDN'T HAVE ANY, UM, YOU KNOW, OTHER WAYS TO LIKE, UM, HAVE OUTLETS AND IN A MANNER OF SPEAKING WHAT SHE'S TRYING TO DO, I BELIEVE IT'S MORE OF A, IT'S A DROP OFF DAYCARE A SERVICE, BUT HOW SHE'S TRYING TO PUT IT IS A COMMUNITY WHERE PEOPLE CAN COME, UM, I BELIEVE FROM THREE TO 13, UM, AND THEY CAN ACTUALLY BE INTERACTING, UH, NOT ON A STATE EDUCATIONAL LEVEL BECAUSE WE'RE WOULDN'T BE STATE, WE'RE NOT, UM, STATE REGULATED
[00:10:01]
BEING, UH, STATE WOULD BE, UM, AN ACTUAL CHILDCARE SERVICE WHERE THEY HAVE EXTRACURRICULAR ACTIVITIES.WE ARE JUST A SERVICE OF DROP IN AND DROP KIDS IN AND PICK THE KIDS UP.
BUT, UM, I BELIEVE, UM, YOU KNOW, UH, SEEING HER DRIVING HER PURPOSE, I BELIEVE THAT, UM, SHE'S, YOU KNOW, SHE'S DOING SOMETHING THAT, THAT THE COMMUNITY NEEDS.
UM, AND I BELIEVE, YOU KNOW, GOING FORWARD, UM, I BELIEVE SHE'S NOT DOING ANY OUTSIDE SERVICES, SO WE'RE TRYING TO KEEP THE, UM, SAFETY, UM, ASPECT OF IT IN A VERY HIGH, UM, I BELIEVE IT'S, IT'S JUST PERFECT, YOU KNOW, IT'S OPEN FLOOR CONCEPT.
THERE ARE NO HITTING DOORS, THERE ARE NO HITTING, YOU KNOW, UM, IT'S JUST ONE OPEN SPACE CONCEPT.
UM, AND, YOU KNOW, SHE PUT A LOT OF EFFORT INTO IT, YOU KNOW, UM, FROM BEING TOLD MAYBE TO BEING TOLD NO TO, YOU KNOW, UM, I BELIEVE RIGHT NOW THE PICTURE YOU GUYS ARE LOOKING AT, IT DOESN'T EVEN LOOK LIKE THIS.
THE, THE ROADS HAVE BEEN PAVED.
UM, WELL, THE DRIVEWAY INTERESTS BEEN PAVED.
UM, WE'RE SET TO PUT GRAVEL DOWN, WE'RE SET TO PUT PARKING LOTS.
UM, WELL WE USED TO LIVE IN NEW YORK AND WE OWNED A, UH, A HOUSE DOWN THERE AND IT WAS SUBDIVIDED AND WE HAD TO RIDE AWAY FOR THE ACCESS, THE DRIVEWAY ACCESS.
THAT WAS PROBABLY MY ONLY, NO, CUZ I KNOW HOW SITUATIONS LIKE THAT GET WHEN YOU HAVE THE RIGHT OF WAY AND THEN SOMEBODY, YOU KNOW, THE USAGE.
SO I CAN UNDERSTAND THE RESIDENTIAL.
NO, UM, BUT AS FAR AS COMMUNITY WISE, I DON'T SEE THERE BEING ANY HAZARD.
I DON'T SEE THERE BEING EVEN, UM, YOU KNOW, WE'RE NOT DOING A LATE NIGHT VICINITY, YOU KNOW, UH, WE'RE OBVIOUSLY IN RESIDENTIAL, SO NOISE WILL BE KEPT DOWN.
THE WINDOWS ARE, UM, ALREADY, HOW WOULD YOU PUT IT? THERE'S NO NEED FOR BLINDS.
LIKE, THERE'S NO ACCESS TO SEAT IN THE WINDOWS, YOU KNOW, SO EVERYTHING WOULD BE COVERED AS IF IT WAS A CHURCH ON SUNDAY, EXCEPT FOR WE WOULD BE ESTABLISHED FROM MONDAY TO FRIDAY AND WE WOULD ONLY BE WORKING IN HOURS THAT ARE OF ACTUAL WORKING HOURS.
YOU KNOW, YOU WON'T SEE A CAR THERE AT 11 O'CLOCK AT NIGHT, YOU KNOW WHAT I'M SAYING? IT'LL BE CONTINUOUSLY JUST THE USE FOR THE COMMUNITY AND THE KIDS.
SO I BELIEVE, YOU KNOW, SOME PEOPLE ARE MORE VOCAL THAN OTHERS AND, UM, I NEVER THOUGHT I'D BE UP HERE SPEAKING, BUT I BELIEVE SHE'S PUT IN ENOUGH TIME AND EFFORT FOR SOMEBODY TO AT LEAST BE ABLE TO, YOU KNOW, VOICE AND, AND ACTUALLY SHOW CONCERN AND, YOU KNOW, AND, AND SAY LIKE, IT'S NOT BAD.
YOU KNOW, YOU CAN, IT COULD BE, YOU KNOW, IT COULD BE USED FOR, IT COULD BE JUST SIT THERE AT THE END OF THE DAY.
I FEEL LIKE IT COULD JUST SIT THERE AT THE END OF THE DAY AND HAVE NO PURPOSE AT ALL.
BUT, UM, YOU KNOW, WHEN YOU'RE LOOKING OUT FOR THE SERVICE OF THE YOUTH, I FEEL LIKE IT'S JUST A BIGGER THING.
AND LIKE WE SAID, THERE WILL BE NO OUTDOOR RECREATION.
IT'S BRICK AND MORTAR, YOU KNOW, IT'S NOT LIKE IT'S A WOOD FRAME WITH TIN, UH, TO WHERE THE NOISE IS KIND OF ALL OVER THE PLACE.
SO, UM, YEAH, THAT'S WHAT I WANT TO SAY.
I MEAN, I'M LOOKING AT THE PICTURE AND HE EVEN ADDED A NEW BATHROOM, YOU KNOW, WE'VE BEEN WORKING ON THAT.
HE, UH, HE UH, HE WENT IN AND, UM, HE'S CHANGED FROM THE WATER FILTRATION SYSTEM.
HE'S ADDED A NEW BATHROOM ON THE INSIDE.
I'M PRETTY SURE IF YOU DRIVE PAST YOU CAN KIND OF LOOK IN THERE AND, AND SEE THROUGH THE FRONT DOOR.
BUT, UM, I BELIEVE I, I HONESTLY BELIEVE FOR THE COMMUNITY WISE AND ME BEING FROM NOT A, NOT A TOWN, I'M FROM ORANGEBURG, SO IT'S NOT A TOWN SIMILAR TO THIS, BUT IT HAS ITS SETBACKS TO BE HONEST.
YOU KNOW, WE'RE, WE'RE BEHIND AND, UH, I BELIEVE THAT THIS IS A GOOD, A GOOD START TO MOVE FORWARD.
SO THAT'S JUST WHAT I WANTED TO SAY.
HEY, WE APPRECIATE THE POSITIVE COMMENTS.
UH, I I HAVE A QUESTION IF YOU'LL TAKE QUESTION.
YOU SAID EARLIER IN YOUR REMARKS THAT UM, THE FACILITY HAD NO STATE REGULATIONS.
UM, COULD YOU ELABORATE ON, ON WHAT YOU MEANT BY THAT? WELL, WE'RE DOING A SERVICE.
SO A DROP OFF OR DROP IN DAYCARE IS A SERVICE TO THE PARENTS.
SO KIDS ARE ONLY, KIDS CAN ONLY BE THERE UP TO FOUR HOURS A DAY.
TO WHERE A STATE REGULATED PLACE FACILITY, YOU WOULD HAVE TO HAVE AN ACTUAL LICENSE CAUSE YOU'RE TAKING KIDS LONGER THAN THE INTERVAL.
UH, STATE WOULD BE BASICALLY FOR SHORT, IF IT WAS A STATE FACILITY, I'D BE ABLE TO KEEP THE KIDS ALL DAY FOR THE NEXT THREE MONTHS ON A SCHOOL SCHEDULED MANNER AND BE ABLE TO SERVE THEM LUNCH AND TEACH THEM ACCURATE LIKE ACTUAL AC UH, ACTIVITIES WHERE WE'RE AT SERVICE.
SO BY NORTH CAROLINA, WE DON'T HAVE TO BE REQUIRED BY THE STATE TO ACTUALLY TEACH EXTRACURRICULAR ACTIVITIES AND FEED THEM LUNCH.
[00:15:01]
THAT'S ALL.UM, THEY GO IF YOU DROP YOUR KIDS OFF TO THE TRAMPOLINE PARK, BUT YOU CAN'T, YOU KNOW, WE ARE THE, WE'RE ABLE TO, YOU GO WITH YOUR KIDS TO TRAMPOLINE PARK, YOU WOULD HAVE TO SUBJECTIVELY BE THERE WITH YOUR KIDS.
WE'RE BASICALLY, THE SERVICE IS A TRAMPOLINE PARK.
BUT WE'RE OBVIOUSLY IT'S A CHILD DAYCARE SERVICE, SO WE ALLOW THE PARENTS TO LEAVE THE VICINITY, BUT THE KIDS CAN ONLY BE THERE FROM ONE TO FOUR HOURS AND WE CANNOT TEACH, THERE'S NO EDUCATION ON, THERE'S NOTHING THAT, SO JUST TO UNDERSTAND, YOU'RE SAYING BECAUSE IT'S A MAXIMUM OF FOUR HOURS FOR DROP OFF, UH, CHILDCARE SERVICES, THAT THERE ARE NO STATE REGULATIONS FOR THE FACILITY? NONE.
UH, THEY EVEN, UM, THEY EVEN SENT HER PAPERWORK TO BE POSTED ON THE DOOR THAT THIS IS NOT A STATE FACILITY.
THAT'S, I MEAN, UM, I BELIEVE YOU HAVE ONE OVER.
UM, IF YOU GO LOOK AT LITTLE CUBS, WHICH IS A DROP OFF FACILITY, THEY SHOULD HAVE THAT CERTIFICATION THAT TELLS YOU IT'S NOT A STATE BUILDING.
SO, UM, IT'S JUST NOT DAYCARE TO WHERE AN ACTUAL CHILDCARE SERVICE IS ACTUAL, LIKE A SCHOOL.
WE DON'T HAVE A, WE DON'T HAVE ANYTHING LIKE THAT.
SO, UH, FOR ME TO BE ABLE TO TEACH KIDS SOMETHING, I'D HAVE TO ACTUALLY HAVE CERTIFICATION FROM THE STATE OR THAT WOULD BE ILLEGAL.
WE'RE NOT TRYING TO FEED KIDS.
WE'RE NOT, WE ARE JUST A VICINITY WHERE A MOM OR A FATHER, MAYBE YOU WANT TO GO PLAY.
MAYBE YOU WANT TO GO TO THE Y M C A AND PLAY BASKETBALL FOR FOUR HOURS AND YOU FEEL MORE SAFER BECAUSE, YOU KNOW, OR I SAY YOU WANT TO PLAY BASKETBALL FOR FOUR HOURS AND FROM GOING TO TRENTWOOD TO NEWBURY, Y M C A, YOU PASS US, YOU CAN DROP YOUR KID OFF THERE AS A SERVICE.
YOU KNOW WHAT I'M SAYING? IT'S JUST A REGISTRATION FEE AND THEN YOU CAN JUST DROP THEM OFF.
SO YOU CAN DROP 'EM OFF MONDAY, TUESDAY, YOU CAN DROP 'EM OFF TUESDAY, WEDNESDAY, YOU CAN DROP 'EM OFF WHATEVER DAYS YOU FEEL LIKE IT WITHOUT US HAVING TO TAKE THE KID AND HAVE CURRICULUMS. AND IT'S, IT'S PLAIN, SOME BLACK AND WHITE.
SO HOW, HOW ARE YOU RELATED TO THE APPLICANT? ARE YOU, ARE YOU A BUSINESS PARTNER OR, UH, NO SIR.
UM, I'M A ACTUAL COOK BY HEART, BUT, UM, THIS IS MY GIRLFRIEND.
WE, WE NEED TO TRY TO KEEP THE KIDS DOWN A LITTLE BIT CAUSE I'M ACTUALLY HAVING A LITTLE BIT OF DIFFICULTY HEARING, SO PLEASE, THAT'S FINE.
BUT, UH, ARE THERE ANY ADDITIONAL QUESTIONS FROM BOARD MEMBERS? YEAH, THAT WHAT AGE, WHAT'S THE AGE GROUP? AGE RANGE? UM, SHE'S TRYING TO STAY AWAY FROM THE, UH, INFANT BECAUSE, UM, WE FEEL LIKE THAT'S JUST MORE, SO SHE'S GOING TO BE LOOKING FROM THREE TO 13.
13 YEAR OLDS CAN BE CONSIDERED LEFT AT HOME.
UM, IT'S, I MEAN, YOU CAN LOOK IT UP.
IT'S UM, THEY'RE CONSIDERED TO BE ALMOST ADULTS SO THEY CAN BE LEFT AT HOME.
SO WE'RE GONNA DO THREE FROM 13.
UM, AND YEAH, THAT'S, THAT ABOUT SUMS IT UP RIGHT THERE.
NO, I, I NOTICED THAT YOU SAID THAT, UH, THAT IT WAS PAVED, BUT I KNOW IT HAVE ROCKS THERE RIGHT NOW WERE YOU ALL PAYING ON PAVING THE, UH, PARKING LOT OR SOMETHING? UM, WELL THE INTEREST HAS BEEN PAVED BECAUSE, UM, DUE TO ACTUAL, UM, I NORTH CAROLINA LAWS, YOU HAVE TO HAVE THAT DIP.
SO, UM, FROM ABOUT WHERE THE HEAD OF THE TRUCK IS FACING IS FULLY PAVED TO THE ROAD, SO WE WOULD OBVIOUSLY FILL IN A GRAVEL AND, UM, WE WERE THINKING ABOUT PROBABLY, UM, SPRAYING THE PARKING LOT RIGHT AFTER THE GRAVEL SAYS WE WOULD GRAVEL THE WHOLE DRIVEWAY, YOU KNOW WHAT I'M SAYING? SO WE WOULD GRAVEL THE HOLE RIGHT AWAY.
BUT WHAT WE WOULD DO IS TO LEAVE, CUZ WE, I KNOW IT'S A JOINT PROPERTY, BUT TO LEAVE ACCESS PARKING SPACES, WHAT IT'S ALREADY PERMITTED ON THE LEFT HAND SIDE OF THE BUILDING PARKING SPACES, THEY ALREADY HAVE HANDICAPPED AND IT'S ALREADY COMMITTED.
WE WOULD USE THE RIGHT SIDE OF THE DRIVEWAY AND LEAVE THE DRIVEWAY OPEN SO THAT WAY THE FLOW OF TRAFFIC IS STEADY AND IT'S NOT A, UH, PLACE WHERE YOU, YOU CAN DROP YOUR KID OFF AND SIT IN THE PARKING LOT.
UM, YOU CAN ONLY DROP YOUR KID OFF AND THEN AS SOON AS YOU DROP HIM OFF, YOU HAVE TO LEAVE.
UM, IT'LL BE COVERED PARTITIONS.
SO THE PARENTS CAN ONLY GET TO A CERTAIN SPACE UPON DROPPING THE KIDS OFF AND THEN THEY'RE NOT ALLOWED PAST THAT PARTITION.
SO THE, THE DRIVEWAY ASPECT OF IT, IT SHOULD BE A REVOLVING DOOR ALMOST.
YOU COME, YOU BRING YOUR KID, YOU DROP YOUR KID OFF AND THEN YOU LEAVE.
YOU KNOW, SO WE'RE, I'VE THOUGHT OF THAT HAVING, YOU KNOW, THE, THE AMOUNT OF ACCESS LEADWAY AND ALL THAT, IT OBVIOUSLY RINGS, BUT UM, THE WAY WE ARE INSTILLING IT IS DROP THE KID OFF, THEY RECEIVE THEIR FOUR HOUR SERVICE, YOU COME PICK THEM UP AND THEN THAT WOULD BE PROBABLY THE, UH, IN THE SUMMIT UP.
[00:20:01]
SPACES ARE ALIGNED, THEY'RE MORE OR LESS, UH, DIAGONAL BACK OUT TO THE ROAD.IS THERE GONNA BE ENOUGH SPACE FOR A PERSON TO TURN AROUND TO WHERE THEY'RE ALWAYS GONNA BE GOING OUT ONTO THE HIGHWAY WITH THE FRONT END OF THE CAR AS OPPOSED TO BACKING OUT? UH, YES SIR.
BUT, UM, HE'S, THE OWNER GAVE US, UH, THE OPPORTUNITY TO, WE WOULDN'T WIDENING IT.
WE WOULD PROBABLY USE LIKE WHATEVER THE OWNER SAYS WE COULD ON HIS PROPERTY TO MAKE IT SUBSTANTIAL ENOUGH TO WHERE YOU CAN PROBABLY BACK OUT AND HAVE A CAR AND HAVE LENGTH.
SO THAT WAY IT'S, YOU KNOW, IF SOMEBODY PULLS THIS WAY, SOMEBODY PULLS THAT WAY, YOU KNOW, IF THEY HAVE ONLY ONE CAR LENGTH OF SPACE, I COULD SEE THAT BEING A HASSLE OF SOMEBODY WHO'S LIKE, YOU KNOW, DYSLEXIC AND CAN'T.
BUT, UM, IF WE WIDEN IT UP, WHICH IS PRETTY WIDENED, I MEAN, WHERE HE, UM, WHERE HE DID THE CEMENT, I DON'T KNOW IF YOU HAVE A RECENT PICTURE IT WOULD LOOK WAY BETTER.
BUT, UM, WHEN HE DID THE CEMENT, THE, UH, CEMENT GOING INTO THE, UM, INFRASTRUCTURE, IT'S PRETTY DECENT SIZED.
SO THAT SMALL ROAD THAT YOU SEE THAT FITS ONE CAR, IT'S, IT CAN BE WIDEN WITHOUT HAVING ANY DAMAGE.
AND HE'S ALL, WE, I MEAN HE HASN'T, HE'S BEEN HELPFUL SO MUCH.
SO IT'S LIKE HE'S WILLING TO LIKE CONFISCATE AND MAKE SURE THAT IT'S ACTUAL, UH, WORKABLE SPACE.
CUZ AT THIS MOMENT, I MEAN IT'S JUST BREAKS, YOU KNOW, I MEAN, SO THERE WILL BE SPACE TO BE ABLE TO BACK AROUND AND GO OUT FORWARD.
I THINK HE'S LEAVING THAT UP TO US TO DO THE GRAVEL, BUT I THINK HE IS DOING THE GRAVEL.
I MEAN THIS GUY HAS, HE'S DONE, HE'S PUT ANOTHER BATHROOM IN.
HE'S DID THE, UM, HE, HE HE DID THE, UM, THE INCLINE AND OFF THE ROAD ONTO THE PROPERTY.
UM, YEAH, SO I MEAN IT JUST AS FAR I'M WHATEVER IT TAKES TO ACTUALLY OPEN UP, I WE'RE ALL WILLING AND HE'S WILLING TO SUBSEQUENTLY GO.
I THINK A LITTLE BIT OF CONCERN THOUGH.
WE NEED TO MAKE SURE THAT EVERYTHING IS SAFE.
UM, WE SURE HATE TO GIVE AN APPLICATION APPROVAL, UM, WHEN A VEHICLE MIGHT HAVE TO BACK OUT ONTO COUNTRY CLUB ROAD.
SO THAT'S WHY I'M ASKING THE QUESTION.
CAUSE I DON'T WELL I MEAN IF YOU GO BACK TO THE FORM YEAH, THE SITE PLAN, THE SITE PLAN, UH, THAT'S BEEN REVIEWED AND BEEN APPROVED AND EVERYBODY'S HAPPY, THEY'VE GOT PLENTY OF ROOM TO GET IN.
AND IF YOU GO BACK TO THAT PHOTO, CAUSE I SEE THE SIDE PLAN, LIKE YOU CAN SEE IT'S, IT'S THE PHOTO, IT DOESN'T SPEAK IN VOLUME ALMOST, YOU KNOW, JUST THE ANGLE OF IT.
CUZ IF YOU LOOK AT IT FROM THE ROAD, YOU CAN ACTUALLY SEE THE PARKING SPOTS ON THE SIDE.
IT'S ABOUT FIVE ON THE SIDE OF THE BUILDING, YOU KNOW? TOTALLY AGREE.
SO I MEAN, I BELIEVE HONESTLY, UM, NICK VACK, WE, WE DID A NICK VACK, YOU KNOW, FIRST WE NEED ANOTHER BATHROOM, THEN WE NEEDED THIS, THEN WE NEEDED THAT.
NOW WE NEEDED THE NICK VEAC WE CAN HANDLE.
BUT THEN IT'S JUST LIKE SETTING IT IN STONE, YOU KNOW, ACTUALLY DOING SOMETHING THAT INVOLVES COMMUNITY.
I MEAN WE'RE GONNA HAVE THE, UH, NEW BERN COMMENTS COME UP.
WE ALREADY HAD TO DO A SETBACK.
UM, WE HAD THE MAYOR COMING OUT TO DO A RIBBON OPENING AND I I, I PAID FOR THAT FOR MOTHER'S DAY, YOU KNOW, AND THEN HAVE TO CALL THEM AND THEN DO ANOTHER THING OVER AND OVER AGAIN.
LIKE WE UNDERSTAND LIKE IT'S GOTTA BE FINALIZED IN CERTAIN WAYS BUT YOU KNOW, I FEEL LIKE IT'S FOR THE BEST AND EVEN IF NOW WE'LL BE BACK NEXT MONTH, YOU KNOW? SO, UM, HEY, SOUNDS GREAT.
AT THE END OF THE DAY, DO WE HAVE ANY ADDITIONAL QUESTIONS? WELL, WELL I KNOW, I KNOW THAT THERE'S A RESIDENCE SITTING RIGHT BEHIND WHERE YOU TALKING ABOUT ARE YOU GOING TO BE, UH, ARE THEY GONNA BE USING THE SAME DRIVEWAYS YOU GOT OR YOU GUYS GOT ONE WAY IN AND ONE WAY OUT.
THEY WOULD SUBSEQUENTLY USE THE SAME DRIVEWAY.
AND THAT WAS MY BIGGEST CONCERN UNTIL ACTUALLY SPEAKING TO THE OWNER OF THE PROPERTY AND SEEING HOW, YOU KNOW, WE COULD SAY WE QUIT TODAY.
YOU KNOW, AND WE STOPPED DOING ALL THIS RIGHT NOW, HE ALREADY PAVED THAT, YOU KNOW WHAT I'M SAYING? HE'S BEEN, HE, HE, HE'S WITH THE WHOLE WAY.
I BELIEVE HE PAVE UP TO HIS PROPERTY LINE IF NEEDED TO SHOW, YOU KNOW.
SO, AND I DON'T KNOW WHO HAS THE RIGHT OF WAY.
I DON'T KNOW WHO HAS, WHO OWNS THE DRIVEWAY CUZ I CAME FROM NEW YORK AND I CAME FROM SUBJECT BY THE LAND AND WE HAD THE USAGE PASSAGE.
WE HAD THE, WELL OUR NEIGHBOR HAD THE USAGE PASSAGE WE SIGNED AT THE END OF THE YEAR AND WE KEPT GOING.
UH, AND WE HAD THE ACTUAL DRIVEWAY, HE WAS LAYING LOCKED IN.
I DON'T KNOW, HOUSE BEHIND THEM.
IT'S LAYING LOCKED IN AND THEY'RE USING THE DRIVEWAY OR IF THEY OWNED THE WHOLE PASSAGE RIGHT OF THE DRIVEWAY BECAUSE IF THEY'RE LANDLOCKED THEN, THEN CUZ HE USED TO SIGN AN EASEMENT THOUGH OUR NEIGHBOR, WHEN HE WAS LAND LOCKED, THEN HE USED TO SIGN AN EASEMENT.
HE USED TO, HE WOULD SNOW PLOW ME OUT AND IN IN FAVOR OF, YOU KNOW, THAT, OF ME RIDING THE EASEMENT.
SO I DON'T KNOW IF THEY'RE LANDLOCKED IN, I DON'T KNOW WHO OWNS THE DRIVEWAY FROM THE LOOKS OF THE SITE PLAN
[00:25:01]
HE OWNS CHAIRMAN BECK.I WOULD LIKE TO POINT OUT SETH I THINK MIGHT BE ABLE TO ANSWER THAT FOR US.
I REFER TO THE SITE PLAN THAT THE PROPERTY IS SUBJECT TO A 20 FOOT INGRESS, EGRESS EASEMENT THAT LEADS FROM COUNTRY CLUB ROAD TO THE, UH, SUBJECT PROPERTY IN THE REAR.
SO I'M ASSUMING THE EASEMENT, IS IT JOINTLY OWNED BY THE CURRENT PROPERTY OWNER IN THE, WHO COMES IN AND OUT OF THE, OR I GUESS LEASEE MAYBE, UM, THAT OWNS THE, THE BACK PROPERTY AND THE FRONT PROPERTY.
SO THERE WOULD BE TRAFFIC, BUT I GUESS THE CITY, UH, STAFF HAS THOUGHT THAT THERE WOULDN'T BE ENOUGH TRAFFIC TO, UH, AFFECT.
IS THAT, THAT'S MY UNDERSTANDING, I GUESS SETH? YES SIR.
AND WITH THE, UM, SAME AS THE THOUGHT WITH THE PREVIOUS SPECIALTY PERMIT THAT WAS ISSUED TWO YEARS AGO.
SO, SO THAT THEY'VE DONE THEIR RESEARCH AND YES, AND WE CAN ONLY, WE CAN ONLY TAKE UP TO 20 KIDS.
UM, WE CAN ONLY TAKE 20 KIDS, UM, ON OUR ROTATING SCHEDULE, BUT IT'S UP TO FOUR HOUR INTERVALS.
SO WE DON'T PLAN ON HAVING A BUS LOAD OF CARS THERE AND PEOPLE OUTSIDE AND IT'S JUST, YOU DROP A KID OFF YOU GO BECAUSE PARENTS ARE TYPICALLY WON'T BE LIKE ALLOWED.
I DON'T KNOW IF YOU'VE EVER BEEN TO A DROP OFF DAYCARE, BUT YOU CAN'T, WHEN I DROP MY SON OFF, I DROP HIM OFF HERE AND THEY OPEN THE GATE AND I NEVER, YOU KNOW, THEY JUST GO RIGHT IN.
SO IT WOULDN'T BE ANYTHING WHERE THERE'S AN ACTUAL SERVICE OR ANYTHING LIKE THAT WHERE THE ACTUAL CARS PARKED IN THERE 24 7 SOUNDS GREAT.
IN THE WHOLE PARKING LOT, SIR.
ANY ADDITIONAL QUESTIONS? OKAY.
SO ARE THERE ANY ADDITIONAL FOLKS THAT WOULD LIKE TO COME FORWARD AND SPEAK IN FAVOR OF THE PROJECT? WE GOT ONE THAT I GUESS IS GONNA SPEAK AGAINST THE PROJECT.
GONNA JUMP UP THERE REAL QUICK BUT, SO UH, SO YEAH, IF WE DON'T HAVE ANY MORE TO SPEAK IN FAVOR, UM, COME AHEAD AND FORWARD PLEASE ONE AT A TIME.
UH, SETH, GO AHEAD AND JUST PLEASE STATE YOUR NAME AND RESIDENCE.
I AM THE OWNER OF THE PROPERTY IN THE REAR OF THE BUILDING.
AND I'M THRILLED THAT I FINALLY FOUND OUT WHAT IS BEING OPENED THERE AS AN EDUCATIONAL BUILDING.
HAD NO KNOWLEDGE OF WHAT WAS GOING ON THERE UNTIL I GOT A LETTER WHICH HAD THE WRONG DATE ON IT SAID TUESDAY THE 26TH INSTEAD OF MONDAY THE 26TH, WE APOLOGIZE FOR THAT.
AND THEN ON SATURDAY MY DAUGHTER CALLED ME, SHE WAS UPSET CAUSE WE HAD A YARD FULL OF MEN WITH TRACTORS AND PICKUP TRUCKS.
SO I WENT OVER TO FIND OUT WHAT WAS GOING ON AND THEY ASSUMED THAT ALL OF THE PROPERTY WENT WITH THE FRONT BUILDING AND I ASSURED THEM THAT IT DID NOT.
I SHOWED THEM THE PROPERTY LINE AND SHOWED THEM MY PAPERS FOR THE DRIVEWAY.
WELL THEY HAD TO CALL THEIR BOSS AND HE CAME AND IT WAS CS CONCRETE, THEY HAD ROCKS AND STUFF EVERYWHERE.
THEY POURED THE DROP OFF FROM THE, UH, THE CURB AND FROM THE MAIN FROM COUNTRY CLUB ROAD COMING DOWN INTO THE DRIVEWAY.
NOBODY CALLED ME TO SEE WHAT WAS THE EASEMENTS OR WHO OWNED THE DRIVEWAY WHEN THE CHURCH WAS THERE SEVERAL YEARS AGO, WE HAD NO PROBLEMS. UH, PASTOR ROBERTS WHO OWNED THAT PROPERTY AT THAT TIME, HIS LAWYER AND I GOT TOGETHER AND WE WORKED OUT THE PAPERWORK WORK.
WE AGREED THAT THEY WOULD PARK RIGHT BESIDE THE BUILDING ON SUNDAY MORNINGS.
SO EVERYBODY WOULD HAVE AN IN AND AN OUTGOING.
WHEN THE LADY THAT WAS GOING TO OPEN THE ART GALLERY THERE CAME OVER, SHE CAME TO THE DOOR, TOLD ME WHAT SHE WAS GOING TO OPEN, HAD INTENDED TO OPEN THERE, BUT SHE NEVER OPENED THEN THAT MAN THAT HAD THE DRAFT IN PLACE THERE, HE WAS ONLY THERE FOR A MOMENT AND HE WAS GONE.
WELL, WHEN THIS CAME UP, WE HAD NO KNOWLEDGE OF WHAT WAS BEING OPENED THERE, BUT I RESENTED THE FACT THAT THESE MEN CAME INTO ON MY PROPERTY AND CUT UP
[00:30:01]
MY YARD TO THE POINT THAT CNS CONCRETE, THE OWNER TOLD ME HE WOULD BRING DIRT AND FIX MY YARD.THAT DRIVEWAY IS NOT LARGE ENOUGH.
WHEN YOU COME DOWN IN THERE, YOU WILL HAVE TO TURN AROUND SOMEWHERE.
I'M NOT AGAINST, NOR AM I FOR MY CONCERN IS HOW ARE PEOPLE GOING TO BRING CHILDREN NOW THAT I KNOW WHAT IT IS BASED ON WHAT HE SAYS AND HOW THEY GONNA BRING THEM IN AND DROP THEM OFF WITHOUT TURNING AROUND IN MY YARD.
AND THE HONEST REASON I SAY THAT BECAUSE WHEN IT RAINS BACK THERE, THE WATER COMES DOWN, DOES NOT STAY UP HERE.
WHEN IT RAINS ENOUGH, THE WATER FLOWS DOWN INTO THE BACK OF THE YARD BACK THERE.
SO IF YOU ARE TURNING AROUND THERE ALL THE TIME, WHAT'S GONNA HAPPEN TO MY PROPERTY? THAT'S MY CONCERN.
EDUCATION IS FINE, BUT ACCORDING TO HIM, IT'S NOT GOING TO BE EDUCATION.
IT'S JUST GOING TO BE A DROP OFF OF CHILDREN, PARENTS BRINGING THEIR CHILDREN EARLY IN THE MORNING TO DROP THEM OFF ON THEIR WAY TO WORK OR IN THE AFTERNOONS TO DROP THEM OFF OR WHEREVER THEY'RE GOING, THEY'RE GOING TO BE IN A HURRY.
SO IF I'M COMING IN TO DROP MY CHILD OFF, WHERE'S THAT OTHER CAR GOING TO TURN AROUND? AND I DON'T WANT IT TO BE IN MY YARD BECAUSE NOBODY'S GOING TO FIX MY PROPERTY.
SO ON YOUR PROPERTY LINE, HOW IDENTIFIABLE IS IT? UM, IT'S VERY IDENTIFIABLE.
IF YOU, IF THEY HAD ASKED WHERE WAS THAT PROPERTY LINE AT? THE STAKES ARE RIGHT THERE.
THAT BUILDING IS 100 FEET FROM MY FRONT DOOR.
SO THE BACK OF THE, IF YOU'VE GOT A PICTURE OF IT, I CAN SHOW YOU WHERE THE PROPERTY LINE IS SIDE OF THE YES MA'AM.
GONNA GET THE AERIAL PHOTO PUT UP.
THEY'RE GONNA HAVE TO TURN AROUND SOMEWHERE.
THERE'S NO, IN THE WORLD, TWO CARS CAN GET INTO THAT DRIVEWAY AT THE SAME TIME.
ONE COMING IN AND ONE TRYING TO GO OUT.
PLUS YOU GOT ALL OF THAT TRAFFIC ON COUNTRY CLUB ROAD AND IF YOU'VE BEEN DOWN COUNTRY CLUB ROAD IN THE MORNINGS AND THE AFTERNOON, YOU KNOW WHAT IT'S LIKE.
TRYING TO TURN ANYWHERE AGAIN ON COUNTRY CLUB ROAD.
SO THE, IT SOUNDS LIKE THE BIG CONCERN IS THAT A PERSON WOULD GO TO THE END OF THEIR PROPERTY, UH, A PERSON WAS GONNA DROP OFF TO THE EDUCATION FACILITY AND THEN COME ACROSS THE PROPERTY LINE AND TURN AROUND AND WHAT APPEARS TO BE THE BIGGEST OPEN SPACE, WHICH IS YOUR FRONT YARD, ABSOLUTELY UN UNDERSTAND LOOKING AT THE PHOTO AND THEY WON'T KNOW PEOPLE DROPPING OFF.
THEIR CLIENTS WILL HAVE NO WAY OF KNOWING, NOR WILL THEY CARE.
AND THAT'S NOT BEING, BUT YOU KNOW, IF YOU ARE IN A HURRY, YOU GOTTA GET TO WORK.
YOU'VE DROPPED OFF YOUR CHILD, ALL YOU WANNA DO IS TURN AROUND AND GET OUT THE YARD IN THE BIGGEST SPACE YOU CAN FIND.
AND I APPRECIATE THEM WANTING TO HAVE A A BUSINESS.
I APPRECIATE THEM WANTING TO HAVE AN EDUCATIONAL SPOT, BUT FROM WHAT THEY SAID, THEY WON'T BE TEACHING ANYTHING.
THEY'LL BE BABYSITTING AND THAT'S FINE.
BUT ON THE OTHER HAND, I STILL DON'T WANT MY PROPERTY DAMAGED TO THE POINT THAT THEY, NOBODY, THEY CAN'T FIX IT AND I CAN'T AFFORD TO FIX IT.
SAYS, IS THERE ANYTHING CHAIRMAN, UM, YOU KNOW, ONE OPTION THE BOARD WOULD HAVE IS TO ADD A CONDITION TO THE, UM, PERMIT TO ADD SOME MECHANISM ON THE PROPERTY THAT WOULD BETTER IDENTIFY THE PROPERTY LINE OR, OR RESTRICT CARS COMING IN TO FROM ENTERING HER PROPERTY.
TURN IN THE PARKING, PARKING, THE PARKING SPACE BACK IN AND BACK OUT AS INTENDED.
SO, AND IS THAT SOMETHING THAT WE CAN ADD AS A CONDITION TO, SIR AND IT WOULD BE AT THE, THE, UH, APPLICANT'S EXPENSE, BUT IF YOU LOOK AT THE APPLICANT OUTTA THE PROPERTY OWNER, A EXCUSE THREE GENTLEMEN, IF YOU LOOK AT THAT DRIVEWAY, TWO CARS CAN'T GET OUT OF COME IN.
THAT ONE CAR CAN'T COME IN AND ONE GO OUT AT THE SAME TIME.
SO AS THE ON THE SURVEY MAP, THE WAY THESE PARKING SPACES ARE ALIGNED, I'M ASSUMING THAT, YOU KNOW, WHEN I SCALE IT OUT, I I CAN UNDERSTAND.
SO IT'S GONNA BE DIFFICULT FOR A CAR TO TRAVEL BEHIND WHERE THOSE PARKING SPACES ARE.
IS THAT SOMETHING SETH, THAT Y'ALL HAVE LOOKED AT, UM, ON THE REVIEW? YES SIR.
AND THAT WAS A, UH, RECOMMENDATION OR A REQUIREMENT FROM PUBLIC WORKS TO, UH, WIDEN THE APRON AND PAVE IT.
SO THE APRON ON COUNTRY CLUB? YES SIR.
AND THAT'S WHAT'S BEEN IN PROCESS SIR.
AND THAT'S WHAT'S IN PROCESS CURRENTLY TO HAVE THAT PART PAVED? THAT WAS ALREADY PAVED.
AND THE ROCK WAS ADDED TODAY OR UM, FINISHED TODAY.
[00:35:01]
OKAY.I DON'T KNOW WHETHER YOU CALL THAT APRIL, WHAT'S ALREADY BEEN PAVED THERE? IS THAT WHAT YOU CALL IT? APRON, THE INGRESS EGRESS ASPECT RIGHT OFF THE ROAD.
IT'S NOT WIDE ENOUGH FOR TWO CARS CUZ THERE WAS A TRUCK PARKED THERE SATURDAY WHEN I WAS OVER THERE AND HE LITERALLY HAD TO MOVE FOR ME TO GET OUT THERE.
UH, CS CONCRETE, THEY HAD A TRUCK PARKED ON ONE SIDE AND HE HAD TO MOVE FOR ME TO GET OUT.
MS. JAMESON, IS IT SAFE TO ASSUME THAT YOU OCCUPY THE PROPERTY? NO, MY DAUGHTER OCCUPIES THE PARKING.
IT IS OCCUPIED BY A REGULAR RESIDENT.
HOW, HOW MANY TRIPS A DAY DO YOU THINK Y'ALL USE COMING IN AND OUT OF THE DRIVEWAY? JUST OUT OF CURIOSITY.
YOU KNOW, 10 15, DON'T KNOW BECAUSE WHEN THE GRANDKIDS ARE HERE WE MAKE A LOT OF TRIPS,
SO I THINK A LOT OF TIMES THE, THE CITY MIGHT USE 10 TRIPS PER HOUSE AND SO I WAS JUST CURIOUS IF THAT'S COMMON, UM, FOR Y'ALL ALSO, UH, DO YOU HAVE GRANDCHILDREN? NO.
NO GRANDCHILDREN? WELL IF YOU'VE HAD CHILDREN AND THEY'RE ACTIVE, YOU KNOW HOW MANY TIMES DAY SEPTEMBER IT COULD BE 20, IT COULD BE 25.
JUST TRYING TO PUT IT ALL IN PERSPECTIVE SO WE ALL HAVE A GOOD IDEA OF, YOU KNOW, HOW TO PROCEED AND, YOU KNOW, IF WE, IF THERE'S A CONDITION ADDED IT, IT'S DONE WITH THE RIGHT KNOWLEDGE.
IS THERE ANY ADDITIONAL QUESTIONS? NO, NO I, WELL I WENT UP THERE AND LOOKED AT THE PROPERTY AND LIKE SHE SAID, YOU KNOW, YOU KNOW TOTAL POSSIBLE TWO CARS TO COME PAST.
BUT WHAT I NOTICED THOUGH IS THEY GOT SOME ROCKS UP THERE.
LIKE THEY'RE TRYING TO MAKE IT BIGGER THAN WHAT IT IS AND THEY'RE TAKING A PART OF THE YARD SPACE MAKING IT BIGGER.
AND NOBODY ASKED ME WHERE I WANTED THE ROCKS.
THEY DID WHAT THEY WANTED TO DO AND I WAS JUST CONCERNED HOW DO YOU GET TO DO ALL OF THIS BEFORE IT'S BEEN APPROVED THAT YOU CAN DO THIS? HOW DO YOU, I MEAN, HOW DO YOU COME ON A PROPERTY THAT YOU ARE GOING TO USE TO OPEN A BUSINESS OR ANYTHING AND YOU JUST COME OVER AND YOU START MAKING CHANGES WITHOUT CONSULTING ANYBODY? I OWN THAT PROPERTY.
NOT THE CITY OF NEW BERN, NOT COUNTY.
AND I JUST THINK IT IS SO UNFAIR TO ME OR ANYBODY ELSE THAT OWNS A PIECE OF PROPERTY.
I CAN COME DOWN HERE AND GET A USE PERMIT AND THEN I CAN JUST GO AND START FIXING ANYTHING THAT I WANT TO ON THE PROPERTY.
NOBODY CAME BACK THERE AND KNOCKED ON THE DOOR, SAID WE ARE GONNA OPEN A B C HERE AND THIS IS WHAT WE ARE GOING TO DO.
HOW DO WE WORK OUT THIS DRIVEWAY? BUT THEY KNEW THAT THERE WERE TWO BUILDINGS THERE USING ONE DRIVEWAY.
MR. CHAIR, JUST SO THE RECORD IS CLEAR, I I DON'T KNOW IF MS. JAMESON'S POSITION IS THAT SHE OWNS THE PORTION OF THE DRIVEWAY LOCATED ON THE, THE PARCEL THAT'S ELIMINATED IN BLUE.
IF WE, WE MAY NEED TO CLARIFY WHAT SHE'S TALKING ABOUT WHEN SHE SAYS I OWN THE DIRT.
I OWN THE DIRT BEHIND THE DRIVEWAY THAT THE DRIVEWAY LEADS TO AND I HAVE A DOCUMENT THAT SAYS PART OF THAT DRIVEWAY GIVES ME THE RIGHT TO BE THERE AND USE THAT DRIVEWAY BECAUSE IT COULD NOT BE LANDLOCKED.
THE MAN THAT OWNED THAT PROPERTY THAT SOLD IT TO THE CHURCH DID NOT KNOW THAT UNTIL WE WENT DOWN AND BOUGHT A NEW TRAILER TO PUT BACK THERE AND THEY WOULD NOT ALLOW US TO CROSS THE LANE.
SO WE HAD TO GO TO A LAWYER WITH MR. ROBERTS TO GET IT STRAIGHT.
SO IS THE EASEMENT RECORDED AT THE COURTHOUSE, I ASSUME? YES.
IS DO WE, DO WE, IS THAT SOMETHING WE NEED TO ADDRESS AND LOOK AT? THE EASEMENT IS RECORDED.
MA'AM DID SOME OF THE ROCK THAT THEY PURCHASED, WAS THAT PUT ON YOUR PROPERTY? DID EXCUSE MA'AM? DID SOME OF THE NEW ROCK EXTEND ONTO YOUR PROPERTY? I WILL BE HONEST WITH YOU, I DON'T KNOW CUZ THEY HAD, UH, TWO PILES ON THIS SIDE AND TWO PILES ON THAT SIDE.
WHEN I CAME BACK, IT WAS SPREAD IT OUT EVERYWHERE.
THAT COULD CERTAINLY BE A CONDITION AS WELL THAT ANY THE PROPERTY LINE IDENTIFIED IN ANY ROCK THAT'S BEEN SPILLED OVER BE REMOVED.
MS. JAMESON, DID YOU STATE THAT THERE HAS BEEN A PROPOSED REMEDY TO THIS MATTER FOR YOU AS FAR AS DAMAGES ARE CONCERNED? DID THEY PROPOSE THAT THEY WOULD MAKE RIGHT WITH YOU? I'M TALKING ABOUT ALL THE WAY UP IN MY YARD WHERE WE PARKED.
THE DECK, THEY CUT UP THE YARD, YOU KNOW THAT RIGHT THING THAT HAS THE ROLLERS ON IT WHEN YOU SPRAYING IT? YES.
THEY DROVE THAT BACK THEN WAS TURNING AROUND.
SO, AND YOU KNOW HOW MUCH RAIN YOU HAD, SIR? YOU KNOW WHAT IT DID TO THE YARD? YEAH.
[00:40:01]
HE TOLD ME THAT HE HAD SOME DIRT AT HIS LOT, BUT UH, AS OF TODAY HE HADN'T DONE ANYTHING.SO IS IS IT POSSIBLE AS AN OPTION IN ADDITION TO A CONDITION, CAN WE DELAY HERE THE DECISION TILL ANOTHER MEETING OR I'M ASKING WHAT OUR OPTIONS ARE, WHETHER WE HAVE TO ADD A CONDITION POTENTIALLY OR CAN WE DELAY TIL THE REMEDY IS WORKED OUT? TO THE QUESTION, DO YOU HAVE TO MAKE A DECISION TODAY? THE ANSWER TO THAT IS NO.
YOU CAN CONTINUE THIS HEARING FOR CAUSE.
AS TO ANY REMEDIES THAT MS. JAMISON MIGHT HAVE, UM, SHE CAN CERTAINLY EXPLORE THOSE, BUT I DON'T THINK IT'S IN THE PURVIEW OF THIS BODY TO ORDER A PARTICULAR REMEDY ON HER BEHALF.
SO FROM A CONDITION STANDPOINT THAT'S MORE DIFFICULT.
A A CONDITION MUST BE REASONABLE AND IT MUST BE ASSOCIATED WITH ONE OF THE CRITERIA THAT YOU HAVE TO INVESTIGATE.
SO IF YOU, IF YOU HEAR AFTER THE CONCLUSION OF ALL THE EVIDENCE PRESENTED TODAY OR WHENEVER THE HEARING CONCLUDES, THAT FOR HEALTH AND SAFETY PURPOSES, IT IS NECESSARY FOR THE APPLICANT OR THE PROPERTY OWNER TO INSTALL SIGNAGE TO INDICATE, YOU KNOW, DO NOT DRIVE PAST THIS POINT OR TO PUT SOME ADDITIONAL SCREENING IN TO DIFFERENTIATE THE PROPERTY LINES, THOSE TYPES OF MEASURES ON THE PROPERTY OF THE APPLICANT OR THE APPLICANT'S PROPERTY OWNER WOULD BE APPROPRIATE.
ORDERING ANY TYPE OF ACTION ON MS. JAMESON'S PROPERTY GOES A LITTLE BIT BEYOND WHAT I THINK IS THE PURVIEW OF THIS BODY.
SO AS A CONDITION THEY WOULD BE APPROPRIATE, UM, SIGNAGE OR BUFFER.
THOSE TYPES OF REASONABLE MEASURES ASSOCIATED WITH SOME FINDING THAT YOU MAKE TODAY COULD BE APPROPRIATE AND OR IT COULD BE CARRIED ON TO ANOTHER DISCUSSION.
UM, WE CAN CONTINUE THE MEETING PRIOR TO MAKING ANY VOTES.
THAT'S ANOTHER OPTION AVAILABLE.
AND I, SO ANYWAY, JUST TRYING TO GO THROUGH ALL THE OPTIONS THAT WE'VE GOT AVAILABLE.
UM, IS THERE ANYTHING ELSE TO ADD THAT WE CAN HEAR AND, AND TALK ABOUT? WE, WE KNOW OUR OPTIONS NOW.
WHAT WE CAN DO, UM, IN REFERENCE TO YOUR CONCERNS, AND I'M NOT SURE I'M CLEAR ON WHAT YOUR OPTIONS ARE.
I KNOW YOUR OPTIONS ARE TO GIVE, GIVE THEM A PERMIT TO OPEN A BUSINESS THERE AND THAT'S FINE.
BUT, UH, MY POSITION IS WHAT ARE YOUR OPTIONS FOR THE PEOPLE THAT IT'S GOING TO AFFECT? I THOUGHT THAT WAS THE PURPOSE OF HAVING THIS MEETING TO SEE WHO IT WAS GOING TO AFFECT AND HOW IT WAS GOING TO AFFECT US.
SO IN OTHER WORDS, HE CAN JUST OPEN THE BUSINESS REGARDLESS TO WHAT IT'S GOING TO DO TO MY PROPERTY.
THAT'S, THAT'S, THAT'S NOT TRUE.
NO, I'M, I'M ASKING A QUESTION.
YEAH, MOST DEFINITELY ON THE FIRST PART, PROBABLY NOT TRUE ON THE SECOND.
SO WE COULD, UM, AS A GROUP OFFER TO APPROVE THE APPLICATION WITH NO CONDITIONS.
WE COULD AS A SECOND OPTION, OFFER TO APPROVE THE APPLICATION WITH CONDITIONS.
AND THOSE CONDITIONS MIGHT BE TO REMEDIES THAT FROM WHAT WE HEAR SIGNAGE, UM, BUFFERS, UM, ON THEIR PROPERTY.
BUT I THINK WHAT WE'VE HEARD FROM THE CITY ATTORNEYS, WE DON'T HAVE THE RIGHT TO MAKE ANY CONDITIONS ON THE PERMIT, UH, FOR YOUR PROPERTY.
HOWEVER, THAT'S WHY I ASKED THE QUESTION ABOUT THE CONTINUE.
SO THE GROUP COULD DECIDE TO CONTINUE WITHOUT A VOTE UNTIL THE NEXT MEETING BASED ON WHAT WE'VE HEARD.
AND THAT WOULD BASICALLY FORCE THE APPLICANT TO DO SOMETHING THAT WOULD BE ON YOUR PROPERTY TO FIX OR REMEDY THE SITUATION.
I'M ASSUMING NOW MAYBE I'M, IT WOULD GIVE THE APPLICANT AN OPPORTUNITY BETWEEN NOW AND THE NEXT MEETING TO DO WHATEVER IS NECESSARY TO PROVIDE YOU ALL WITH INFORMATION TO, TO YOUR SATISFACTION THAT THIS PROPERTY AS PRESENTED CAN BE EXECUTED IN A SAFE MANNER THAT WOULD NOT MATERIALLY DAMAGE ADJOINING PROPERTY VALUES.
SO WHETHER THAT IS WORKING OUT SOME TYPE OF AGREEMENT WITH MS. JAMESON OR A CONTRACTOR, WHOMEVER THAT WOULD BE ENTIRELY UP TO THE APPLICANT TO DO OR NOT DO.
AND, AND IF WE DO CONTINUE IN THOSE, UH, WORDS THAT WOULD GIVE A MONTH, UM, TILL THE NEXT MEETING AND THEN WE COULD HEAR AGAIN AND FIND OUT IF THERE WAS ANYTHING, UM, REMEDIED AND THEN A VOTE COULD BE DONE BECAUSE SAFETY IS A BIG CONCERN.
AND IF THERE'S GONNA BE CHILDREN THERE, UM, THAT'S NOT GOOD FOR YOU EITHER TO DRIVE
[00:45:01]
IN AND OUT AND HAVE TO BE WORRIED ABOUT SOMEBODY RUNNING BEHIND A CAR OR IF THERE'S, UH, A CHALLENGE AND YOU HAVE GRANDKIDS IN, IN THE YARD, THEY DEFINITELY DON'T NEED TO BE ABLE TO DRIVE INTO YOUR YARD TO TURN AROUND.EITHER THAT'S JUST NOT BEING A GOOD NEIGHBOR, UM, OR FAIR HOWEVER A PERSON WANTS TO LOOK AT IT.
SO WE'RE TRYING TO DO WHAT'S BEST, UM, IN ACCORDANCE WITH THE CITY GUIDELINES TO REMEDY THE SITUATION IF, IF THAT'S THE RIGHT WAY TO, TO, AND PLEASE CORRECT ME, UM, IF, IF I'VE STATED ANY OF THAT INCORRECTLY.
I, I THINK THE POSITION THAT I'M HEARING YOU SAY, MR. CHAIR, IS YOU ARE ATTEMPTING TO GATHER INFORMATION THAT YOU CAN REFLECT UPON TO DETERMINE WHETHER THIS APPLICATION MEETS ALL THE CRITERIA OF THE ORDINANCE SPECIFICALLY.
UM, THE USE WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY IF LOCATED WERE PROPOSED AND DEVELOPED ACCORDANCE TO THE PLAINTIFF SUBMITTED.
I THINK THAT'S THE CONVERSATION THAT WE'RE HAVING.
AND IF YOU NEED TO GATHER MORE INFORMATION FROM THE APPLICANT OR REFLECT UPON IT FOR SOME TIME, YOU CERTAINLY CAN ENTERTAIN A MOTION TO THAT EFFECT.
SO WOULD WE NEED TO GO THROUGH THE SIX CATEGORIES TO GET TO THAT POINT OR DO WE JUST, IF SOMEBODY OFFERED A MOTION TO CONTINUE, DO WE STOP AT THAT POINT? WELL, YOU, YOU CERTAINLY CAN HEAR ANY OTHER, UM, INDIVIDUALS WHO ARE HERE THAT WANT TO OFFER INFORMATION TONIGHT.
IF YOU ARE SATISFIED THAT, UM, THERE'S NO MORE INFORMATION THAT YOU NEED TO HEAR TONIGHT BUT YOU WANT TO REFLECT, YOU CAN DO THAT AS WELL.
I THINK THAT THERE HAVE BEEN AT LEAST ONE OTHER PERSON WHO MAY SURE EFFORT TO COME HERE TONIGHT TO SPEAK TO YOU ALL.
SO YOU MAY WANT TO ENTERTAIN THAT PERSON'S COMMENTS AND THEN REFLECT ABOUT WHAT YOU WANT TO DO AFTER YOU HEAR THE PEOPLE WHO ARE HERE.
MADAM ATTORNEY, I GOT A QUICK QUESTION FOR YOU.
TO UNDERSTAND BETTER FROM THE SAFETY ASPECT.
MAY I ASK A QUESTION OF MS. JAMESON IN THE SENSE OF THE SIGNAGE PROPOSAL, WHAT SHE WOULD SEE TO INCREASE SAFETY IN THAT AREA? ABSOLUTELY.
MS. JAMESON'S WILLING TO ANSWER MS. JAMESON, UH, JUST TO UNDERSTAND BETTER THIS, THIS, UH, SHARED EASEMENT FOR EGRESS, YOU KNOW, COMING AND GOING TRAFFIC.
DO YOU HAVE A, A SIGNAGE IN MIND TO MAKE MORE CONSPICUOUS THAT IT'S A SHARED DRIVEWAY AND NO STANDING TRAFFIC ALLOWED? THOSE TYPES OF THINGS THAT MAY BE REAL HONEST WITH YOU AND I DON'T WANT YOU TO THINK I'M THE BRIDGE FROM THE NEIGHBORHOOD NO MATTER WHAT YOU PUT OUT THERE FROM MY PERSPECTIVE, HOW I FEEL ABOUT IT WHEN THE CAT'S AWAY, WHAT THE, THE MICE DO.
UH, ONE THING WHEN I THINK AS JAMES IS SAYING THAT SHE DON'T WANT IT THERE BECAUSE SHE ALREADY SEE THAT IT'S GOING TO BE A PROBLEM EVEN TO PUT ALL THE SIGNS YOU SAY UP THAT YOU WANT TO PUT UP AND GO THROUGH ALL THE MOTIONS YOU WANT TO, TO TRY TO STOP WHAT YOU THINK GONNA HAPPEN.
SHE'S SAYING IN EFFECT THAT SHE DON'T WANT.
AM I RIGHT MS. JAMES? AM I AS IT IS NOW, YOU DON'T WANT IT, THAT'S STIFF.
BUT I WILL HONESTLY SAY NO MATTER WHAT KIND OF SIGN YOU PUT UP THERE, PEOPLE ARE GOING TO DO WHAT'S THE MOST HANDY THING FOR THEM TO DO.
WHY DO WE GO DOWN WARDEN WAY STREETS WHEN THERE'S A BIG SIGN THAT SAYS ONE WAY OVER? YEAH.
ARE THERE ANY ADDITIONAL QUESTIONS? THANKS.
UH, IS THERE ANYBODY ELSE THAT WOULD LIKE TO COME FORWARD AND SPEAK? CAN YOU PLEASE STATE YOUR NAME AND ADDRESS AND IF YOU ARE THE REP PERSON WHO LIVES IN THAT, PLEASE LET US KNOW ALSO.
MEMBERS OF THE PLANET AND ZONING BOARD.
MY NAME IS CAROL WILLIAMS, I LIVE AT 29 0 6 MOORE AVENUE IN PRIM BROOK AND I AM THE PRESIDENT OF THE PRIM BROOK COMMUNITY RESIDENCE.
I CAN EMPATHIZE WITH BOTH OF THEM, BUT MY MAIN CONCERN IS DETRACTIVE.
HOW MANY OF YOU MEMBERS HAVE TRAVELED DOWN COUNTRY CLUB ROAD BETWEEN THE HOURS OF THREE AND FIVE? WE'RE NOT EVEN GONNA TALK ABOUT THREE OR FIVE.
WE'RE GONNA TALK ABOUT IN THE MORNINGS DURING SCHOOL TIME WHEN THOSE BUSES COME, I HAVE SET AT MY CORNER.
WE HAVE MANY OUTLETS, BUT YOU KNOW WHAT, ALL THOSE OUTLETS WE BE RIGHT BACK TO COUNTRY CLUB ROAD.
THAT'S THE ONLY OUTLET THAT WE HAVE.
AND I HAVE SEEN FUNERALS, SCHOOL BUSES, ACCIDENTS.
NOW I'M THINKING I DON'T BEGRUDGE ANYONE FOR TRYING TO BETTER THEMSELVES OR BECOME, UH, ENTREPRENEURS DRIVING BUSINESS.
BUT I LOOK AT WHAT IT IS GOING TO ENTAIL WITH THE PEOPLE IN THAT COMMUNITY, HOW IT'S GONNA AFFECT THEM, EVEN THE RESCUE SQUAD IN THE AMBULANCE, HOW THEY'RE GONNA GET BY.
WHEN YOU GOT ALL THIS TRAFFIC COMING FROM BOTH WAYS THAT STOPPED.
[00:50:01]
AND IF YOU'VE BEEN TO PRI YOU KNOW, THERE'S NOT A LOT OF SIDE ROADS THAT YOU CAN GO AROUND THE TRAFFIC AND YOU KNOW, RIGHT ON THE DIRT.ARE THERE ANY QUESTIONS? OH, I'M SORRY.
I WAS GONNA ASK THAT ANYWAY, SO YOU DID GREAT.
ARE THERE ANY QUESTIONS? YEAH, WELL STATED AND I WOULD BE WILLING TO HELP THEM LOCATE ANOTHER PLACE.
I JUST DON'T, IT'S JUST THE TRAFFIC IS, IS TOO CONGESTIVE.
I, I WOULD BE REALLY WILLING CUZ THERE ARE OTHER SITES AROUND NEW BERN THAT COULD BETTER ACCOMMODATE THEM FOR WHAT THEY WANT.
AND I TRAVEL EVERY DAY, THREE TO FOUR TIMES A DAY FROM MY HOUSE AT THE INNER BOY AVENUE ALL THE WAY TO COUNTRY CLUB.
ANY ADDITIONAL COMMENTS? SO IF THERE'S NO ADDITIONAL COMMENTS, WE'LL CLOSE THE PUBLIC PART OF THE MEETING.
AND IS THAT, WOULD YOU LIKE TO GIVE THE APPLICANT AN OPPORTUNITY FOR ANY REBUTTAL? YES, I THINK WE SHOULD.
UM, IS THE APPLICANT OR HIS HER SPOKESPERSON? YES.
SO WHAT WE'D LIKE IS YOU'VE HEARD THE COMMENTS THAT ARE AGAINST AND INSTEAD OF TRYING TO, YOU KNOW, START OVER AGAIN, PLEASE JUST TRY TO ADDRESS THE CONCERNS NO.
YOU KNOW, ABOUT THE UM, WHAT THE APPARENT TRESPASS ISSUES, THE SIGNAGE, HOW A PERSON MIGHT BE ABLE TO REMEDY THE SITUATION SO WE CAN, YOU KNOW, UNDERSTAND WHAT'S GOING ON.
UH, JEMELE GRAY, UM, 9 0 6 MEADOW STREET.
UM, BEFORE WE GOT THE CHANCE TO SIT DOWN AND EVEN HAVE THIS DISCUSSION, WE WERE INFORMED THAT WE HAD TO DO CERTAIN THINGS TO THE BUILDING TO EVEN GET HERE AND GET APPROVED.
SO AS FAR AS USAGE PERMITS AND ALL THAT, HE HAS THAT.
UM, I, UM, WHEN IT COMES TO THE EASEMENT AND THE ROCKS AND ALL THAT, THAT HAS NOTHING TO DO WITH APPLICANT.
THAT'S JUST THE LEASING OWNER TRYING TO MAKE SURE THAT HIS BUILDING IS ACCOMMODATING FOR THE KIDS.
SO COMING FROM THE POINT OF WHERE THERE WAS DAMAGED PROPERTY, I DON'T FEEL AS IF THE OWNER WOULD NOT TAKE RESPONSIBILITY OVER THAT.
I MEAN, IN 30 DAYS HE'S BUILT A BATHROOM, HE'S MADE HER ROAD VIEW FRONTAGE LOOK A THOUSAND TIMES BETTER.
HE TOOK DOWN TREES ON OUR REQUEST.
HE DID CERTAIN THINGS THAT I FEEL, YOU KNOW, DIDN'T HAVE TO HAPPEN, BUT IT HAPPENED TO GET HERE.
UM, AS FAR AS ROCKS, I DON'T KNOW ABOUT THAT.
THAT'S A SIMPLE THING AS JUST, HEY, TAKE THESE, GO BACK.
YOU KNOW, HE'S, IF HE WENT THIS FAR, I DON'T FEEL LIKE THE ROCK, I DON'T FEEL LIKE THAT'S A, A REASON TO POSTPONE AN ACTUAL, UM, AN ACTUAL, UM, AN ACTUAL ANSWER.
I MEAN, WE CAN ALWAYS WAIT, THAT DOESN'T MATTER.
BUT I DON'T FEEL LIKE THAT'S A NEED.
UM, WHERE THEY SAY, UM, YOU CAN'T TURN AROUND.
UM, AND THAT ONE WAY THING, UM, I DON'T REALLY BELIEVE THAT NECESSARILY BECAUSE, UM, YOU CAN ONLY, YOU CAN'T SEE WHAT YOU DON'T KNOW, YOU KNOW, IT DOES.
IF IT DOESN'T HAPPEN, THERE'S NO WAY YOU CAN PUT IT IN PROS LIKE PROSPERITY.
UM, I, LIKE I SAID, WE ARE GOING TO OPEN UP THE DRIVEWAY BECAUSE THAT WAS ONE THING.
PARKING SPACE AND BEING ABLE TO TURN AROUND WAS IN A MAJORITY CONCERN.
UH, BECAUSE THE WHOLE BUILDING IS DEEMED SAFE.
UH, WE'VE HAD THE UM, INSPECTOR COME IN, WE'VE HAD EVERYBODY COME IN, UM, FROM THE FRONT TO THE BACK TO THE RAMP.
WE'VE EVEN CONSIDERED PUTTING A RAILING ON THE, THE RAMP JUST IN CASE A HANDICAP ACCESSIBLE KID HAS TO COME AND ENTER.
UM, AS FAR AS THEY'RE SAYING ONGOING TRAFFIC, WE ARE NOT OPENING UP A PLAZA.
YOU KNOW, UM, WE ARE NOT OPENING UP A GAS STATION.
UM, WE ARE NOT OPENING UP A CLUB.
UM, AND THE HOUR TIME, I UNDERSTAND AT SIX O'CLOCK YOU GOT BUSES COMING THROUGH, BUT HER ORIGINAL START TIME IS EIGHT O'CLOCK IN THE MORNING, CLOSE TO NINE.
SO WE WANNA BE OPENING UP TO ABOUT EIGHT.
THAT BUS SITUATION HAS NO DETERMINATION.
NOT UNLESS IT'S A SHORT DAY AND THE KIDS GET OUT A LITTLE EARLY.
I DROVE DOWN OAK COUNTRY ROAD, IT'S NOT AS IF IT'S A RIGHT OR LEFT OR LEFT OR RIGHT.
I DON'T BELIEVE THAT A PARENT WOULD COME AND PICK THEIR KID UP AND LET THE KID RUN AROUND THE PARKING LOT.
YOU KNOW WHAT I'M SAYING? UM, I'VE BEEN TO CERTAIN THINGS.
I TAKE MY SON OUT, HE PLAYS SOCCER PRACTICE.
MY SON, HE GOES, HE RUNS SOCCER.
WHEN HE GETS CHANGED, I WALK HIM TO THE CAR AND WE LEAVE THE Y M YMCA A DO YOU SEE THE Y M C A? DO YOU SEE HOW THE OPENING OF THAT IS
[00:55:01]
WHERE YOU JUST COMMENT IT'S A ROAD AND THE INTEREST OF THE Y IS RIGHT THERE AND YOU HAVE TO GO LIKE THIS.YOU KNOW WHAT I'M SAYING? THAT SEEMS MORE OF A, A THREAT THAN HAVING AN ACTUAL OPEN SPACE.
AND IF YOU WENT THERE AND YOU LOOKED AT IT, HE OWNS MAJORITY OF THE RIGHT SIDE.
SO OUR PARKING LOT ISN'T WHAT YOU ENVISION AS JUST BEING CLOSE TO THE LEFT OF THE BUILDING.
WE CAN MANEUVER TO THE RIGHT SIDE, THE WHOLE RIGHT SIDE.
I MEAN IF YOU'RE LOOKING AT IT TOWARDS THE ROAD, IT'LL BE YOUR RIGHT.
IF YOU'RE LOOKING AT IT, OH, FROM HER PROPERTY VIEW TO IT'LL BE THE LEFT WHERE THAT STAR IS AT.
HE'S DEEMED US ALL THAT SPACE.
HE HAS NO OBLIGATIONS NOT TO GIVE US THE SPACE.
UM, AS FAR AS THE SAFETY, AS FAR AS THE SAFETY CONCERNS GO AND DEEMING IT SAFE.
WE'VE DONE EVERYTHING TO GET TO THAT POINT.
IT WASN'T, IT WAS DEEMED SAFE WHEN WE ALREADY, CUZ WHAT SHE DID WAS IT WAS ALREADY ZONED AS A CHURCH DROP OFF CHILDCARE.
UH, THEY SAID WE NEEDED A SPECIAL USE PERMIT AND WE NEEDED TO FOLLOW CERTAIN STEPS IN ORDER TO OBTAIN AND OPEN IT.
WE HAVE THOSE STEPS WHETHER NOT GRANTED OR GRANTED TODAY, UH, TOWN INSPECTOR CAN GO OVER THERE AND EVERYTHING IS UP TO CODE.
I, YOU KNOW, WHEN WE START TALKING ABOUT SAFETY, IT JUST DOESN'T COME DOWN TO SAFETY.
IT COMES DOWN TO USAGE OF THE PARKING LOT.
AND A SIGNAGE OF THE EASEMENT DOESN'T GIVE YOU FULL PATCHES.
YOU GOTTA UNDERSTAND THAT IT DOESN'T, IT DOES NOT.
I'M SORRY, I DON'T MEAN TO, I MIGHT, YOU MIGHT BE OUTTA LINE ON THAT ONE.
I MEAN LEGALLY DEPENDS ON WHAT IT SAYS.
LEGALLY IT, IT IS STILL HIS LAND.
IT'S JUST THE RIGHT OF EASEMENT PASSAGE.
BUT I FEEL LIKE IT GOES A LITTLE BEFORE THAT BECAUSE I UNDERSTAND SHE DOESN'T WANT ANY DAMAGES TO HER PROPERTY.
SO IF WE WORK OUT ASSIGNING SIGNS AND PLEASE DON'T CROSS, I, I DEEM THAT OBVIOUSLY IS NECESSARY.
BUT WHEN IT COMES DOWN TO SAY, HEY, THERE'S GONNA BE A BLOCKAGE OF CARS, IT'S A DROP OFF VICINITY, YOU HAVE TO LEAVE, YOU CANNOT BE ON THE PREMISES.
I THERE WILL NOT BE NOT A CAR IDLING IN A PARKING LOT FOR OVER 20 MINUTES IF SOMEBODY DOESN'T COME OUT THERE.
CUZ I MEAN, WE'RE IN 2023, YOU KNOW, SO WELL, YEAH.
SO IN, IN, EXCUSE ME FOR INTERRUPTING, BUT THAT, THAT'S ONE COMMENT, TWO COMMENTS THERE.
UM, THAT BOTHERED ME A LITTLE BIT.
YOU KNOW, IF A CAR WAS IDLING FOR 20 MINUTES AND WAS OUT IN WHERE THE EASEMENT IS, I MEAN THAT COULD BLOCK ACCESS TO THE PROPERTY.
BUT YOU, I JUST, HANG ON ONE SECOND.
AND, AND WE, WE DON'T KNOW WHAT THE EASEMENT SAYS.
IT'S MY, I DON'T THINK, YOU KNOW, SO THAT'S A LITTLE CONCERNED OF MINE ALSO.
NOW, UM, AS FAR AS WHAT HER RIGHTS ARE TO, TO ACCESS IT MAY BE EXCLUSIVE RIGHT.
OF INGRESS AND EGRESS AND THEN THERE MIGHT BE A CHALLENGE.
UM, SO I GUESS MY BIG QUESTION WOULD BE, YOU KNOW, IF IF THE THE GROUP DECIDED TO CONTINUE, WHAT TYPE OF HARDSHIP MIGHT THAT PUT YOU IN? UM, CAUSE I HEARD YOU ALSO MAKE THE COMMENT THAT, UM, THAT WAS OKAY IF THE MEETING WAS CONTINUED FOR ANOTHER TIME.
UM, BECAUSE THAT MIGHT BE THE BEST REMEDY FOR EVERYTHING THAT, THAT WE SEE ALL THE DOCUMENTS THAT, UM, EVERYBODY'S POTENTIALLY IS HAPPY AFTER THE MEETING.
THAT'S NOT NECESSARILY WHAT I'M SPEAKING ON MY OWN BEHALF NOW, NOT ON THE GROUPS, BUT THAT MAY BE AN OPTION THAT'S BEST FOR EVERYBODY.
UM, MAY NOT BE, BUT IT'S, IT'S POSSIBLE.
SO, UM, THAT'S, YOU KNOW, THE QUESTIONS I GUESS FROM AN ANSWER STANDPOINT THAT NEED TO BE ADDRESSED BACK TO THE BOARD.
UM, SO, SO WHAT WOULD BE ADDRESSED AT, IF WE POSTPONE THIS AND WE COME BACK WITH THE SPECS AND THE SITE PLANS AND EVERYTHING ELSE, WHAT MORE WOULD WE HAVE TO GIVE YOU OTHER THAN WHAT YOU HAVE NOW? JUST THE CLARIFICATION THAT IT WOULDN'T BE A BUSY, I MEAN, IF WE COME BACK NEXT MONTH, IF WE COME BACK NEXT MONTH AND WE POSTPONE IT, WHAT MORE WOULD YOU NEED TO OPEN IT? WOULD YOU? A SIGNAGE WHICH COULD BE PUT, WHICH DOESN'T HAVE ANY.
THAT'S, THAT'S THE OWNER AND I'M PRETTY SURE HE'LL DO THAT.
UH, BUT WHAT WOULD WE HAVE TO, WHAT YOU MEAN? DO WE HAVE TO DO A WRAPAROUND DRIVEWAY FOR YOU TO FEEL OKAY ABOUT IT NEXT MONTH? WELL, I, I, GO AHEAD.
UM, SO I, I THINK SOME OF THE TESTIMONY LISTED TODAY INDICATED THAT THERE HAVE BEEN SOME IMPROVEMENTS TO THE PROPERTY THAT WERE NOT DEPICTED OR REFLECTED IN THE APPLICATION SPECIFICALLY.
I HEARD SOME MENTION AND, AND MAYBE I MISHEARD IT, THAT PERHAPS THE DRIVEWAY APRON HAS BEEN ENLARGED IN SOME WAY.
SO IT, IT, IT MAY BE PRUDENT FOR THIS GROUP TO HAVE THE BENEFIT OF PHOTOGRAPHS OF THE IMPROVEMENTS THAT ARE IN PLACE.
UM, IF YOU'RE LOOKING AT THE SITE PLAN, IT INDICATES, I THINK IT'S A 24, SO THERE'S A 20 FOOT ACCESS EASEMENT, BUT THERE'S 24 FEET, UM, I GUESS WHERE THE APRON IS LOCATED, I DON'T KNOW IF THAT'S WHAT WAS INTENDED OR IF THAT'S WHAT IT IS.
SO IT MAY BE THAT YOU WANT TO GET THAT INFORMATION IF YOU'RE CONCERNED ABOUT HOW CARS WOULD GET ON AND OFF OF OLD CHERRY POINT ROAD.
[01:00:01]
ADDITIONALLY, UM, THE GENTLEMAN HERE MADE SOME COMMENTS ABOUT THE VACANT, I GUESS IT'S DEPICTED AS GREEN SPACE TO THE SOUTH OF THE EXISTING DRIVEWAY.UM, I DON'T KNOW IF IF THIS COMMISSION OR THIS BOARD HAS ANY APPETITE TO SEE IN, IN REAL LIFE IN PICTURES, NOT AERIAL PHOTOGRAPHS, BUT IN PICTURES, WHAT THAT SPACE LOOKS LIKE FROM A GEOSPATIAL POINT OF VIEW AND REFLECT UPON THAT INFORMATION IF YOU'RE THINKING ABOUT MOVING FORWARD WITH ANY CONDITIONS OR MOVE OR, OR DENYING THE APPLICATION IN GENERAL.
SO THERE'S SOME INFORMATION THAT I THINK WOULD BE EASILY ATTAINABLE THAT MIGHT ANSWER SOME OF THE QUESTIONS OR FILL IN SOME OF THE GAPS IN THE TESTIMONY THAT YOU'VE HEARD TODAY.
AND THAT WOULD GIVE US A REASON TO CONTINUE TO WHERE THAT EVIDENCE WAS MADE AVAILABLE TO THE GROUP.
SO WHEN WERE YOU GUYS GIVEN THIS? WERE YOU GUYS NOT GIVEN? HOLD ON, HOLD ON ONE SECOND.
I'M SORRY MR. CHAIR WASN'T ABLE TO HEAR YOUR QUESTION.
SO IF, UM, IF THE CONTINUANCE WAS VOTED ON, UM, THAT IS SOMETHING THAT THAT INFORMATION COULD BECOME AVAILABLE FOR THE NEXT MEETING TO MAKE A BETTER DECISION, IT CERTAINLY WOULD GIVE THE APPLICANT AND OR STAFF AN OPPORTUNITY TO GATHER THAT INFORMATION FOR YOU.
AND REALLY THE, THE BURDEN RESTS ON THE APPLICANT.
SO IF THE APPLICANT WAS INCLINED TO, UM, PRESENT SOME MORE ROBUST EVIDENCE TO YOU ALL, THAT WOULD CERTAINLY GIVE THEM AN OPPORTUNITY TO DO SO.
I THINK THE ISSUE, IF I, IF I MAY, UM, YOU KNOW, ONE OF THE ISSUES AT LEAST I HAVE IS, YOU KNOW, WE HAVE TO VOTE ON SIX DIFFERENT, UM, ELEMENTS HERE TO GRANT THIS APPLICATION FOR SPECIAL USE PERMIT.
AND TWO OF THOSE IS THE USE WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY IF LOCATED WHERE PROPOSED AND DEVELOPED ACCORDING TO THE PLAN.
THERE ARE CURRENT IMPROVEMENTS THAT ARE ALREADY, UH, GOING ON THAT WE'VE HEARD SOME TESTIMONY TODAY HAS DAMAGED ADJOINING, UH, PROPERTY OR POTENTIALLY DAMAGED ADJO PROPERTY OWNERS.
CAN YOU SAY THAT ONE MORE TIME? I, THE, THE WHAT YOU THE, UM, ONE OF THE STIMULATIONS.
I JUST, I DIDN'T CATCH THE WHOLE THING.
IF YOU REPEAT THE STIMULATIONS.
ONE OF THE FACTOR OR ELEMENTS HERE IS THE USE WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY IF LOCATED WERE PROPOSED AND DEVELOPED ACCORDING TO THE PLAN IS SUBMITTED.
AND SO ONE OF THE ISSUES THAT WE'VE HEARD IS THE TURNAROUND FOR DRIVEWAY, THE DRIVEWAY USE, WHETHER OR NOT THAT CAN BE EXTENDED THE PARKING LOT AND THE POTENTIAL SAFETY HAZARDS OF THE CURRENT, YOU KNOW, SITE PLAN FOR THE GRAVEL DRIVE, AS WELL AS HOW THAT IMPLIC, YOU KNOW, IMPACTS THE ADJOINING PROPERTY OWNERS RIGHT TO USE INGRESS, EGRESS EASEMENT, UM, IN THAT SPACE.
ANOTHER ELEMENT IS THAT THE USE WILL NOT SUBSTANTIALLY REDUCE THE VALUE OF ADJOINING OR A BUDDING PROPERTY.
UM, AND WE'VE HEARD SOME TESTIMONY TODAY THAT THERE'S BEEN SOME IMPROVEMENTS THAT HAS POTENTIALLY DAMAGED THE ADJOINING PROPERTY, UH, WHICH WOULD AFFECT THE, UH, PROPERTY VALUE.
THERE'S ALSO BEEN SOME TESTIMONY ABOUT A POTENTIAL TURNAROUND ISSUE THAT I THINK MAYBE SOME SIGNAGE MIGHT BE APPROPRIATE TO HELP WITH, UH, SOME TRESPASSING OR OTHER PROPERTY DAMAGE.
BUT THOSE, YOU KNOW, THOSE TWO ELEMENTS HERE, BASED ON THE TESTIMONY THAT I'VE HEARD TODAY, I HAVE SOME REAL CONCERNS ABOUT AND WOULD APPRECIATE ADDITIONAL EVIDENCE NOT ONLY ABOUT THE, UH, USE RIGHT OF THE ADJOINING PROPERTY, BUT WHAT COULD BE DONE IN ORDER TO PREVENT TRESPASSERS AND ALSO PREVENT, UM, YOU KNOW, THE, THE DAMAGE TO THE ADJOINING PROPERTY OWNER AND HER LOT AS WELL AS HOW CAN WE MINIMIZE THE SAFETY RISK.
AND I THINK AS, AS SIMPLE AS EXPANDING THE GRAVEL DRIVEWAY THERE, THERE SEEMS TO BE SOME GREEN SPACE TO DO THAT.
THE POTENTIAL, I THINK THERE'S JUST SOME EVIDENCE, UH, THAT WE HAVE NOT HEARD YET THAT WOULD HELP US, UH, GRANT THIS, THAT I CAN SAY I DON'T THINK I'VE HEARD YET TODAY.
SO WHAT WOULD YOU NEED? UM, BECAUSE WE DOING A LOT OF WORK TO IT, AND I MEAN, LIKE YOU GUYS HAVE, YOU GUYS ARE, WHEN YOU SAY YOU NEED CERTAIN THINGS, I WOULD THINK THAT YOU GUYS ALREADY KNEW WHAT HAS BEEN IMPROVED ON THE BUILDING, BUT OBVIOUSLY YOU GUYS HAVE LEFT OUT OF THE BLUE BECAUSE EVEN BEFORE WE KNEW YOU NEEDED, WE ALREADY KNEW YOU NEEDED THESE CERTAIN THINGS.
WE HAVE PHYSICALLY BUILT THAT BUSINESS AND WE'VE MADE IT SAFE.
NOW WHEN IT COMES TO THE DRIVEWAY, ELIMINATE THE DRIVEWAY, THAT WOULD BE THE ONLY CONVERSATION OF PEACE.
YOU KNOW, YOU'RE NOT TALKING ABOUT SAFETY, YOU'RE JUST TALKING ABOUT DESTRUCTION OF PROPERTY WHEN IT COMES DOWN TO IT BECAUSE HER PROPERTY HAS BEEN DESTROYED, RELEVANTLY, THAT'S, UH, I I THINK IT WOULD, UH, BENEFIT YOUR CASE A LITTLE BIT IF WE COULD JUST UNDERSTAND BETTER.
IF, UM, SETH, CAN YOU PULL UP THE, THE SURVEY ONE MORE TIME PLEASE? IN, IN THE SLIDE DECK HERE, YOU'VE GOT THIS SURVEY AND IF YOU LOOK CLOSELY, I'M NOT SURE IF YOU CAN SEE IT DOWN THERE, BUT IT SHOWS A VERY SMALL SLIVER OF AN EXISTING GRAVEL DRIVEWAY, ALBEIT YOU HAVE A 20 FOOT ACCESS EASEMENT HERE.
SO IF YOU COULD HELP US UNDERSTAND,
[01:05:01]
YOU'VE TAKEN THAT FROM AN EIGHT FOOT, EIGHT FOOT DRIVEWAY TO A 20 FOOT DRIVEWAY, I THINK THAT WOULD REALLY ELIMINATE SOME SAFETY CONCERNS WITH VEHICLES THAT HAVE CHILDREN IN THEM.ESPECIALLY, LET'S SAY YOU, YOU'VE GOT A REAL CASE ON YOUR HANDS HERE AND THERE'S A FUNERAL CUZ THERE IS A MORTUARY ACROSS THE STREET AND ST.
PAUL'S DOWN THE ROAD, WHICH IS A CATHOLIC SCHOOL, UM, IS IN SESSION THAT DAY BECAUSE WE'RE OUTTA SESSION FOR, FOR SCHOOL RIGHT NOW, I BELIEVE.
SO THERE'S SOME ELEMENTS HERE THAT I THINK ARE OF CONCERN FOR ALL I SPEAK ON MY BEHALF AND I'LL, AND I'LL CONTINUE ON A LITTLE BIT ON THE SAME STANDPOINT, THE EASEMENT IN CONCERN IS 20 FEET, UM, AT THE SOUTH AND EAST OF THE PROPERTY, THERE'S SOME CRATE MYRTLES THAT ARE EITHER GOING TO BE PLANTED OR ALREADY PLANTED, UM, APPEAR TO BE IN THE EASEMENT.
AND THEN IF I SCALE OUT THE SIZE OF THOSE PARKING SPACES, THEY'RE ONLY ABOUT 10 TO 15 FEET IN LENGTH.
THERE'S VERY FEW VEHICLES TODAY THAT ARE SHORTER THAN 10 OR 15 FEET.
AND IF SOMEBODY HAS A, A PICKUP AND TRIES TO PARK IN THAT LAST PARKING SPACE, THERE'S A GOOD CHANCE IT'S GOING TO BE EXTENDED OUT INTO THAT EASEMENT BY AT LEAST FIVE OR 10 FEET.
SO NOW WE HAVE A CRATE MERLE ON ONE SIDE AND A FIF A VEHICLE OUT INTO THE, THE EASEMENT AND THAT COULD VERY WELL BLOCK INGRESS AND EGRESS TO THE PROPERTY.
AND THEN FROM A SAFETY STANDPOINT, IF IT JUST HAPPENED THAT THAT VEHICLE WAS THERE WHEN THERE WAS A MEDICAL EMERGENCY, HOW ARE WE GONNA GET SOMEBODY IN AND OUT OR HOW WOULD THE CITY GET IN AND OUT OF THAT BACK PROPERTY? SO THE EVIDENCE DOES, IS THERE, UM, AND I THINK ME THINKING THROUGH, AND I'M NOT SURE HOW EVERYBODY ELSE IS GONNA VOTE, BUT, UM, IT MIGHT BE TO Y'ALL'S BENEFIT IF WE AS A GROUP DID VOTE FOR A CONTINUANCE AS OPPOSED TO GO THROUGH THOSE SIX CRITERIA.
UM, BECAUSE THAT WOULD GIVE AN OPPORTUNITY FOR PHOTOS TO BE TAKEN AND POTENTIALLY EVEN HAVE A TAPE MEASURE PULLED AND IN THAT PHOTO TO WHERE WE COULD SEE WHERE THE 20 FEET ARE, UM, IF THAT PARKING SPACE AT THE BACK CORNER OF THE BUILDING COULD EVEN HOLD A VEHICLE AT THE SAME TIME ANOTHER VEHICLE COULD PASS.
UM, MY THOUGHTS, UM, AND, AND I'M TRYING TO LISTEN TO WHAT EVERYBODY HAS SAID AND STATED, UM, BUT IT, IT, IT SOUNDS LIKE IT WOULD BE TO Y'ALL'S DETRIMENT IF THERE WAS A VOTE, UM, CURRENTLY.
SO I MEAN, THAT, THAT'S, I'M TRYING TO ANSWER THE QUESTIONS THAT YOU BROUGHT UP.
UM, SO THE INSIDE OF THE BUILDING ISN'T NECESSARILY OUR CONCERN.
YEAH, THE, THE OUTSIDE OF THE BUILDING IS MORE THE CONCERN.
UM, SO WHAT WOULD YOU HAVE US DO? SO IF I SAT HERE, IF I SAT DOWN AND I SAID I TALKED TO THE OWNER AND I PAVED BASICALLY RIGHT OVER YOUR LEFT SIDE AND I YOU COME AT ME SAY I I'M, I'M NOT, I'M NOT CERTAIN.
LEMME, HE CAN BE HEARD ON THE RECORDING, SO, SO YOU COULD DIRECT THE SPEAKER TO SPEAK INTO THE MICROPHONE PLEASE.
SO YEAH, TRY TO GET TO, SO, SO IF I WIDEN THE BROADWAY AND I, THE, THE, THE DRIVEWAY AND I PAVED IT OR I ADDED GRAVEL AND I MADE IT WIDEN ENOUGH TO WHERE YOU GUYS BELIEVE THAT A CAR CAN BACK UP, TURN AROUND AND BE UFF SURPRISED UPON EXIT AND ENTERING, THEN IT'LL BE GRANTED.
YEAH, I I'M NOT GONNA SAY YES OR NO OR INDIFFERENT.
I THINK THE BIG KEY IS THAT, YOU KNOW, LAYING DOWN ASPHALT DOESN'T NECESSARILY MEAN THERE'S ENOUGH SPACE BETWEEN THE EDGE OF THE PROPERTY LINE IN THAT BUILDING, UH, FOR INGRESS AND EGRESS ON THAT 20 FOOT EASEMENT, UM, AND HAVE A VEHICLE PARKED DOWN AT THE BACK OF IT.
SO IF, IF FOR ANY OF US, I THINK HERE TO, TO, TO STATE THAT THE INSTALLATION OF ASPHALT WOULD SOLVE THE CHALLENGE, I DON'T THINK THAT WE COULD DO THAT.
I THINK THE BIG KEY IS, UM, THERE PROBABLY NEEDS TO BE A LITTLE BIT OF CONVERSATION BETWEEN, UM, THE ADJOINING OWNER, UM, THE CITY, UM, AND COME UP WITH WHAT MAY REMEDY THE SITUATION.
BECAUSE AGAIN, YOU KNOW, TRESPASS ISSUES ARE A CHALLENGE.
UM, AND, AND I DON'T KNOW WHAT'S GONNA SOLVE THAT POTENTIAL TRESPASS ISSUE.
YOU KNOW, MAYBE IT'S PUTTING BUSHES ALL THE WAY ACROSS THE, THE BACK LINE AND, UM, HAVING A SIGN POSTED.
UM, AND I'D HATE TO THINK THAT THEY'D HAVE TO PUT A GATE UP, YOU KNOW, TO KEEP SOMEWHERE FROM BUILDING I'M THE PROPERTY, BUT THE GATE, IT'S FINE.
AND WE STILL DON'T KNOW WHAT THE, THE EASEMENT STATES, YOU KNOW, IF THERE'S AN EXCLUSIVE RIGHT THERE, WELL THEN MAYBE THAT WHOLE 20 FEET NEEDS TO BE MAINTAINED AND OPEN AT ALL TIMES.
AND, AND IF THAT'S THE CASE, IT'S GONNA BE HARD TO GET MORE THAN ONE OR TWO PARKING SPACES FULL UP AT THE TOP SIDE.
[01:10:01]
SO THERE'S A LOT OF, IT'S, IT'S A DYNAMIC SITUATION, SO I IT'S HARD FOR ME OR ANYBODY ELSE I THINK ON THE BOARD TO SAY, IF YOU DO THIS, WE'LL APPROVE THAT.SO WHAT SHOULD I DO? BECAUSE I, I THINK THE DIALECT PART IS WHERE I'M GOING FROM THAT THERE NEEDS TO BE SOME CONVERSATION BETWEEN THE JOINT AND OWNER, UH, WHO CAME UP AND SPOKE WITH US EARLIER.
THE, THE CURRENT OWNER OF THE PROPERTY THAT Y'ALL ARE GONNA LEASE FROM.
NO, YOU ALL, UM, TO WHERE WE COULD HAVE SOME, UM, DOCUMENTATION, PHOTOGRAPHS, UM, WITH A TAPE, UM, TO WHERE WE COULD SEE ON THE GROUND.
I MEAN, WHEN, WHEN WE, WHEN WE PUT A SCALE ON THIS, IT'S, IT'S DIFFICULT AND IT'S PRETTY EASY TO SEE THAT WE HAVE A CHALLENGE.
UM, AND SO I KNOW I'M BEING EVASIVE, BUT I REALLY CAN'T SAY EXACTLY WHAT THE REMEDY OR WHAT THE CHALLENGE AND HOW IT WOULD BE APPROVED.
I THINK IT'S A GREAT IDEA AND I THINK YOU'RE ADJOINING PROPERTY OWNERS EVEN STATED IT'S A GREAT IDEA.
BUT, BUT SHE'S CONCERNED ABOUT THE INGRESS AND EGRESS TO HER PROPERTY AND HER SAFETY AS, AS STATED BY HER THOUGH SHE MADE IT VERY CLEAR THAT SHE DOESN'T WANT ANY BUSINESSES IN MY VICINITY.
I, WELL THAT'S FROM WHAT I TOOK THAT, I MEAN, AS STATED, I'M ON THE RECORD THERE, THERE ARE REALLY THREE ISSUES AND, AND JUST TO KIND OF CLARIFY, CAUSE I, WHAT YOU'RE ASKING FOR IS FOR US TO TELL YOU WHAT YOU KNOW, NEEDS TO BE DONE TO GET APPROVAL.
AND THE ISSUE IS, AS THE APPLICANT, YOU ALL BEAR THE BURDEN TO SHOW US THAT ALL OF THESE ELEMENTS ARE MET, MEANING THAT THERE ARE NO PUBLIC, UH, HEALTH ISSUES AND NO POTENTIAL DAMAGE TO ADJOINING PROPERTY OWNERS.
THOSE ARE THE TWO ELEMENTS THAT I'M HAVING SOME ISSUES WITH.
THE THREE ISSUES THAT WE'VE HEARD ABOUT TODAY ARE THE TRESPASSING ON THE ADJO, THE POTENTIAL FOR TRESPASS ON THE ADJOINING PROPERTY OWNER, UH, THE TRAFFIC ON COUNTRY CLUB DRIVE, GETTING IN AND OUT, AS WELL AS THE EASEMENT ACCESS FOR THE ADJOINING PROPERTY OWNER, BUT ALSO THE SAFETY OF INDIVIDUALS ON THE PROPERTY WITH CARS COMING IN AND OUT WITH THE DRIVEWAY.
AND SO THOSE ARE THE THREE ISSUES FOR ME THAT I'VE IDENTIFIED SITTING HERE TODAY.
AND SO I THINK IT WOULD BE PRUDENT FOR THIS BOARD TO CONTINUE, UM, THIS HEARING AND THIS DETERMINATION FOR A MONTH SO THAT YOU AND THE APPLICANT CAN GO AND COLLECT EVIDENCE TO PRESENT TO US TO SHOW US THOSE THREE ISSUES ARE NOT ISSUES.
WE, WE'RE NOT SAYING THEY ARE, WE'RE SAYING THEY'VE BEEN IDENTIFIED, WE'RE NOW HAVING CONCERNS AND WE NEED YOU ALL TO SHOW US THAT THOSE THREE ISSUES CAN BE MET GIVEN YOUR CURRENT PLAN.
AND ONCE THAT HAPPENS, THEN YOU KNOW, THOSE ISSUES ARE, ARE DELAYED FOR US.
WELL, I MEAN, UM, I'M PRETTY SURE IF, IF CAN WE CAN COME TO A CONCLUSION, YOU KNOW, THEN I'M PRETTY SURE IT CAN DEFINITELY BE MADE, YOU KNOW, BUT, UM, UH, I UNDERSTAND THE SAFETIES AND CONCERNS, BUT THEN, YOU KNOW, I, YOU HEAR PEOPLE AND YOU HEAR THEIR ATTENTIONS OF SAYING, OF SAYING, I DON'T, THAT'S WHY WE'RE HERE, THAT THIS BUILDING IS, YOU KNOW WHAT I'M SAYING? ALL RIGHT.
SO IF, IF I WANTED TO PUT A CHURCH UP SO SUBSEQUENTLY I WOULD HAVE THE SAME PROBLEMS BECAUSE, YOU KNOW, UM, WHEN YOU GOT ROAD FRONTAGE LIKE THAT AND IT NEEDS TO BE USED BY THE TOWN, YOU KNOW WHAT I'M SAYING? AND, UM, YEAH, I WOULD DEFINITELY GET, AND HOPEFULLY I DON'T SEE US COMING BECAUSE TO A CERTAIN AGREEMENT ABOUT THE SITUATION BECAUSE BEEN KNOWING TO EVERYBODY ELSE THERE'S ON THE BOTTOM LINE IS NOT TO HAVE THE BUSINESS THERE AT ALL OR ANY FORM OF SHAPE OR BUSINESS.
WELL, WELL, THAT IS NOT, I WILL SAY, YOU KNOW, THAT'S CERTAINLY NOT, AND I, I'M PRETTY SURE THE BOARD WOULD PROBABLY SAY THAT'S NOT WHAT WE'RE HERE FOR, ABOUT WHETHER OR NOT YOUR BUSINESS, THAT'S NOT, I MEAN, WE'RE HERE TO ADDRESS THE SAFETY, UH, AS WELL AS THE PROPERTY FOR THE ADJOINING OWNERS.
YOU KNOW, THOSE ARE THE CONCERNS FOR US.
ONCE THOSE CAN BE BELAY, I THINK, UH, YOU KNOW, I DON'T SEE, I DON'T FORESEE ANY ISSUES, BUT THAT, THAT'S NOT WHAT THIS BOARD IS SAYING AND I THINK Y'ALL CAN DO IT.
I'M, I'M PRETTY POSITIVE WE'RE GONNA DO IT.
I, I THINK IT, I THINK THE, THE IDEA IS A GREAT IDEA OF WHAT Y'ALL WANT TO PROVIDE FOR A SERVICE AND I THINK THERE, THERE'S A REMEDY AVAILABLE THERE AND WE JUST NEED TO GET THERE.
SO, AND MR. CHAIR, AND I THINK THE, UH, STUFF THAT YOU IDENTIFIED ARE GREAT.
MR. CHAIR, JUST TO BE CLEAR, I DON'T THINK IT'S AN ADMONITION FROM THIS BODY THAT THE APPLICANT AND AN ADJOINING PROPERTY OWNER COME TO SOME TYPE OF AGREEMENT.
I THINK JUST SO THAT THE RECORD IS CLEAR THAT MR. FERGUSON WAS INDICATING THAT THIS, IF YOU ARE INCLINED TO CONTINUE THE APPLICATION, WOULD GIVE THE APPLICANT ADDITIONAL OPPORTUNITY TO COLLECT EVIDENCE TO PRESENT TO YOU TO ADDRESS THE CONCERNS THAT HAVE BEEN ARTICULATED TODAY.
WE'LL JUST GET WITH THE, HE'S A CONTRACTOR, SO WE'LL GET WITH HIM AND WE'LL TRY AND WE STILL HAVE TO TAKE A VOTE AND WE STILL HAVE TO MAKE A MOTION SO WE'RE NOT EVEN THERE YET.
BUT YEAH, IF THERE'S NOTHING ELSE TO ADD, WE CAN PROBABLY CLOSE THAT PART AND, CAUSE THAT WAS A GOOD REBUTTAL.
I JUST APPRECIATE YOU HAVING ME.
IS THERE ANY ADDITIONAL COMMENT? ARE THERE ANY NO, NO.
THAT'S ALL I KNOW IS THAT, UM, I KNOW IT'S A BIT IDEA OF WHAT HE'S TRYING TO DO AND, UM, BUT HE SAID THE BUILDING UP THE PARK, BUT THE WHOLE ISSUE IS ABOUT THE DRIVEWAY AND TURN, YOU KNOW, THAT'S
[01:15:01]
WHAT THE WHOLE ISSUE IS REALLY ABOUT AND NOT A PARK THAT HE HAVE AT, AND THEN MAYBE IT PUSH COME TO SHOVE, HE MIGHT BE RELOCATED SOMEWHERE ELSE IF PUSH COME TO SHOVE, JUST THROWN OUT THERE.IS THERE ANY OTHER, ANY ADDITIONAL DISCUSSION OR DO WE HAVE A MOTION, UM, WE CAN MOVE TO CLOSE THE, DO WE NEED TO, DO WE NEED TO MOVE AND GO INTO THE DISCUSSION OF IT OR CAN WE GO AHEAD AND MAKE A MOTION TO CONTINUE? IF YOU WANNA CLOSE THE PUBLIC HEARING, YOU CAN CERTAINLY DO THAT.
I WANNA MAKE A MOTION TO CLOSE, UH, THE PUBLIC HEARING.
WE HAVE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING.
ANY OPPOSED? OKAY, A MOTION CARRIED TO CLOSE THE PUBLIC HEARING.
ARE THERE ANY, UH, MOTION, I MAKE A MOTION, UH, TO CONTINUE IT? I SECOND THAT.
WELL, JUST, JUST SO WE'RE CLEAR, MS. SAMPSON WAS YOUR MOTION TO CONTINUE THE APPLICATION? YEAH.
JUST TO CONTINUE IT SO YOU KNOW, GET EVERYBODY TO GET ALL THE INFORMATION THAT NEEDED, WHATEVER NEEDED TO BE DONE.
SO YOUR MOTION IS TO CONTINUE THIS APPLICATION TO THE NEXT REGULAR MEETING OF THE BOARD OF ADJUSTMENT TO ALLOW THE APPLICANT ADDITIONAL TIME TO COLLECT EVIDENCE TO PRESENT TO YOU? YES.
AND SIR, WAS THAT, WERE YOU SECONDING THAT MOTION? YES, MA'AM.
SO WE HAVE A, A MOTION AND WE HAVE A SECOND.
DO YOU NEED TO RE REREAD OR ARE WE GOOD? DOES EVERYBODY UNDERSTAND THE MOTION ON THE FLOOR? I'M SEEING HEAD SHAKE.
YOU CAN CALL FOR A VOTE, MR. CHAIR.
DO WE NEED TO DO A ROLL CALL? THOMPSON? IF, IF YOU'D LIKE, YOU CAN.
SO IF, IF NOT ALL IN FAVOR? AYE.