First thing I want to do is welcome everyone to this hearing uh for September 16th, 2025, the Board of Commissioner zoning hearing.

Um, it doesn't look like we have any clergymen here today, so uh we're gonna take a moment of silence.

Uh please bow your head.

Okay, and with that, let me see here.

We're gonna do the Pledge of Allegiance.

Please stand.

I Pledge of Allegiance to the flag of the United States of America Republic for which it stands one nation under God with liberty in justice fraud.

And I'll officially call the meeting to order good morning.

As I look at the dias, we're missing some folks.

Um the chairperson and the vice chair are out today, but we do have a quorum.

When we have the absence of both those parties, we need to elect a temporary vice chair.

So if I could have a motion to elect a person, I move to nominate Commissioner Gamble.

A second.

I second.

And if you would raise your hands, please.

Oh, not me.

You don't count.

Like I'm doing.

Just as a reminder, all for something to uh pass today, any motion, we need to have at least three votes.

So if the main motion does not pass or the substitute motion does not pass, then it will be continued to the next hearing as it's a zoning matter.

And vice chair.

Thank you.

Uh John, can we start with the agenda, please?

Yes.

And before we begin the agenda, I do have a couple announcements to make.

The following hearing will be uh done with the following process and procedure.

Each case will be called in numerical order.

When the case is called, we would ask that the applicant please stand raise their hand to show that they are in attendance.

After that, we're gonna call to see if there's anyone here uh opposed to that specific case.

We would also ask that they raise their hand so they can be counted for the official record.

After recognizing both parties, both parties will be asked to come forward to be sworn in.

The applicant will testify first, and then the opposition, if anyone testifies second.

It's important to note that each side gets 10 minutes to state their case and concerns.

There's not a rebuttal process, and there's not a process through to reserve your time.

So please convey all your information to the board within your 10 minute time period.

Additionally, if there's more than one person wishing to speak on an issue, you may want to coordinate with each other about what you're gonna talk about because each side only gets 10 minutes, and you don't want to cover the same information over and over.

After the 10 minute presentation period, the board will start to discuss the case at hand.

If I have another discussion, they may ask one or more speakers to come back to the front for additional comments or questions.

Then the board will make a decision to either approve, deny, hold, or continue uh the case at hand.

There are five withdrawn cases on today's agenda, and these cases will not be heard today.

First case is rezoning case Z9 of 2025, Whataburger Restaurants LLC.

This case is the withdrawal of prejudice, it would not be heard.

Next case is rezoning case Z20 of 2025, trade in LLC.

This case was withdrawn without prejudice, it would not be heard today.

Next case is LEP32 of 2025, Robin R.

Fowler.

This case was withdrawn that prejudice would not be heard today.

Next case is SLEP5 of 2025, Jose Janeo.

This case was withdrawn without prejudice, it would not be heard today.

And finally, uh other business case number 22 of 2025, Whataburger Restaurants LLC.

This case has been withdrawn of that prejudice, it would not be heard today.

Uh the applicant would like to withdraw uh other business item number 45 of 2025, trade in LLC.

This is in district one.

Uh so moved.

Second call the question.

Sorry.

Yeah.

The motion motion passes 3-0, uh, with Commissioner Joanne Burrell and Lisa Cupid absent.

Thank you.

And before we begin the consent, um, there are a number of cases on today's printed agenda which have been continued.

And these cases will not be heard either.

And I'll go through the list.

First case is rezoning case Z2 of 2024, Florida Nord Development Group LLC.

This case was continued by the staff until the October 7th, 2025 Planning Commission zoning hearing.

So Z2 of 2024 will not be heard today.

Resoning case Z68 of 2024, Sachs Austell LLC.

This case was held by the Board of Commissioners until the October 21st.

2025 Board of Commissioner Zoning Hearing.

So Z68 of 2024 will not be heard today.

Resonant case Z17 of 2025, Little Sunshines Playhouse.

This case was continued by the staff until the October 7th, 2025 Planning Commission zoning hearing.

So Z17 of 2025 will not be heard today.

Resoning case Z18 of 2025, Racetrack Inc.

This case was held by the Planning Commission until the October 7th, 2025 Planning Commission zoning hearing.

So Z18 of 2025 will not be heard today.

Resoning case Z19 of 2025, Brock Built Homes LLC.

This case was held by the Planning Commission until the October 7th, 2025 Planning Commission zoning hearing.

So Z19 of 2025 will not be heard today.

Rezoning case Z21 of 2025.

Jose Janeo, this case was continued by the Planning Commission until the October 7th.

2025 Planning Commission zoning hearing.

So Z21 of 2025 will not be heard today.

LEP 31 of 2025.

And Lou Crispell, this case was continued by the staff until the October 21st, 2025 Board of Commissioners zoning hearing.

So LEP 31 of 2025 will not be heard today.

LEP 33 of 2025, Carol J.

Hicks Vargas, and Michael Vargas.

This case was continued by staff until the October 21st, 2025 Board of Commissioner Zoning Hearing.

So LEP33 of 2025 will not be heard today.

LUP 35 of 2025.

See Susan Velasca Velasquez.

This case was continued by staff until the October 21st.

2025 Board of Commissioners zoning hearing.

So LUP35 of 2025 will not be heard today.

Other business item number 40 of 2025.

Chad J.

McMillan, this case was continued by staff until the October 21st, 2025, Board of Commissioners Zoning Hearing.

So is other business item number 40 will not be heard today.

And finally, other business item number 42 of 2025, LCD acquisitions and town park renaissance LLC.

This case was continued by the staff uh until the October 21st 2025 Board of Commissioner Zoning Hearing.

So other business item number 42 will not be heard today.

And before we begin the consent, I do want to ask the folks in today's audience if you have a cell phone, please turn your cell phone off.

Uh when the phone rings, it does interfiate the broadcast and presentations.

And I want to remind applicants, opposition, and any interested party that information is due to this board the Wednesday prior to this hearing.

Any information submitted after the Wednesday due date may or may not be considered uh be considered by the board at their discretion.

And with that, uh Madam Vice Chair, I'm ready to start the consent agenda.

Cobb County Board of Commissioners, zoning hearing consent agenda for September 16, 2025.

First case on consent is other business item number 41 of 2025, which is to consider amending the stipulations for landstar builders in regarding rezoning application Z18 of 2020, it should be 2022.

The property is located on the south side of Liberty Hill Road, east of Kent Road in landlord 660 660 of the 16th district.

Staff recommends approval, subject to the final conditions.

Number one, fire department comments and recommendations contained in the other business packet.

Number two, Cobb DOT commons contained in the other business packet.

Number three, contractor use is permitted.

Number four, no outdoor storage and no heavy equipment on site.

And number five, all previous conditions not in conflict remain in effect.

Is the applicant present?

Is the applicant here for other business number 41?

Is there anyone here opposed to this case?

Okay.

Uh Madam Vice Chair Board, the applicant is not present and there's no one opposed.

Would you like to try to give them a call before the hearing?

Uh yes, I would.

Commissioner Sheffield.

Yeah.

So there were a couple of people that went to the restroom.

I don't know if they might be the applicant or if they're here with an applicant.

They're a separate case.

Okay, okay.

Okay, so we'll call them and try to get them here before the end of the hearing.

All right.

Next case is other business item number 44 of 2025, which is to consider a reduction of public road frontage from required 75 feet to zero feet and other variances for Brandon Tubo.

The property is located on the north side of Cheatham Road, east of Cheetham Lake Drive in landlots 152, 153 of the 20th district.

Staff recommends approval, subject to the following conditions.

Number one, water and sewer system comments recommendations contained in the other business packet.

Number two, Cobb DOT comments contained in the other business packet.

Number three, stormwater management comments recommendations contained in the other business packet.

Number four, road frontage is reduced to zero feet for track two with accessory structure variances as shown on the site plan received August 7th, 2025.

And number five, no other subdivision of this property.

Is the applicant present?

Applicant is here.

Is there anyone here opposed to other business item number 44?

Let the record show there's no one opposed.

Next item is other business item number 46 of 2025, which is to consider a reduction of public road frontage from 75 feet to 53 feet and other variances for John R.

Hooker.

The property is located on the east side of High Room Ackworth Highway, south of Sayre Drive in landlord 342 of the 20th district.

Staff recommends approval, subject to the final conditions.

Number one, Cobb DOT comments and recommendations contained in the other business packet.

Number two, site plan review comments contained uh excuse me, site plan review comments and recommendations contained in the other business packet.

And number three, site plan received by the zoning division August 11th, 2025.

That shows this property with 53 feet of road frontage.

Is the applicant present?

Let the record show the applicant is here.

Is there anyone here opposed to other business item number 46?

Let the record show there's no one opposed.

And that completes the consent agenda.

Uh Madam Vice Chair and Board with the exception of uh OB 41.

So do I have a motion to approve the consent agenda as revised?

So move.

Second.

Any discussion?

Um I thought we were calling the app.

Yeah, but we'll call him during the hearing and try to get here before the end.

Okay.

All right, fine.

Call the question.

The motion passes 3-0 with Commissioner Burrell and Cupid absent.

Okay, the two cases are in consent, uh, OB 44 and OB46.

You're free to leave.

Just uh go quietly so we can continue the hearing.

And we'll jump right into the held and continue case.

First case we're gonna hear today is LEP 26 of 2025.

Ronaldo Valdez request a temporary land use permit to allow more people and vehicles than the code allows, and then lot 56 of the 17th district.

The property is located on the north side of Walnut Circle, west of Birchwood Way.

Is the African present?

Let the record show the applicant is here.

Is there anyone here opposed to uh LEP 26?

Let the record show there's no one opposed.

Would the applicant please come forward to be sworn in?

Madam Vice Chair and Board.

Uh the applicant is here, but he's waiting on his interpreter.

So if it's okay with the board, we'll skip this one and go to the next case and come back to that one.

Okay.

So moving on to LEP 34.

LEB 34, Jose uh uh Rolano request a temporary land use permit to allow more adults in vehicles than the code allows in landline 16 of the 17th district.

The property is located uh on the southeast intersection of Birchwood Road and Wilmot Circle.

Is the applicant present?

The director show the applicant is here.

Is there anyone here opposed to LEP 34?

Let the record show there's no one opposed.

Would you have to please come forward to be sworn in the morning?

My name is I come in for see some personally say I got too many cars in my house.

I got a picture.

My Sergio.

I got it.

But it's on my family go see me at my house.

You see.

Somebody see too many cars over there.

Is there any other information you'd like to share with us as to why you have that many cars there?

Yes.

Okay, could you please do so?

See?

Sir, is there anything else that you would like to share with the board?

Is is there any other information that you need to share with the board?

Yeah.

How many how many persons live in the house?

Five.

If you could give some of those details, please.

Yeah, I do five my four son and me.

Yeah, everybody got a new car, you know, for car near working.

The guy's working right now, but is nobody come with me.

So of the five vehicles that you have.

Now I got five, but I tell my nephew, don't go but too much travel, you know, but he'll go to my house, bring some food, you know, some drink, use something.

So all right.

Um so, sir.

Do you have anything that you would like to share with us can in your 10-minute speaking spot, or would you like me to close the public hearing and then allow us to ask you questions?

I don't think exactly.

Okay.

And do we have anyone in opposition to LUP 34?

Okay, then I'd like to bring it back to the board for discussion.

Commissioner Sheffield.

Thanks.

Um Debbie, I am trying to figure out the best path forward right now.

I just want to make sure that there's a clear understanding of not only the hearing itself, but any instructions if it leads to that.

Um I don't know if it's my place to recommend uh a translator or you know, because obviously the applicant is here without one, so my thought is he has a full understanding of the direction that we may give from the board.

I I would ask him if he is if he understands.

Okay, other I mean, then we would continue the hearing as we normally would.

Okay.

I just it's his choice to use an interpreter.

Okay.

Um Mr.

Orleana Orlana.

Uh thank you for being here.

Um, I I just want to ask you if you feel that you may benefit from an interpreter or you fully understand what's being what's being said, and maybe some direction from the board.

If you're okay, that's fine, but I just want to make sure that um that you're okay.

So you ready to move forward?

Yeah, but I'm understanding everything, you know.

Okay.

Okay.

All right.

Okay.

Well, I just have a few questions and just kind of briefly.

Your request is for five vehicles.

Yes.

Is that correct?

And you mentioned that it's four sons plus yourself.

And um I'm sorry, five adults and five vehicles.

Are each of the vehicles, do each of the vehicles belong to each of the adults?

You also mentioned that some cars that are on your property does not belong to you, but of the five vehicles there, does it belong to each of the adults that reside at the in the home?

Yeah, my house, no more than five five vehicles right now.

It's only four.

It's only four, it's only four adults or via.

Check it out with me over there.

Or five.

Exactly.

I got it all time.

Okay.

Can you just do me a favor because the microphone is very sensitive?

You you have papers in your hand.

If you can just set them aside until it's time for you to use them, because we can hear the paper rattling in the microphone.

Cornelius, if you can just help them.

Just put it back for that.

Yeah.

Oh, it's not even.

Okay.

Um so I reviewed the code enforcement in this case is before us because of code enforcement violations, and it extends back to September of 2022, and there were several vehicles parked at the property, obviously, and I recall an application from that you submitted last year.

Let me see if I had any questions.

I don't have many questions.

Let's see, but you are confirming that there are four vehicles at the property.

It's yeah, or ty five vehicles.

Okay.

My four son in my car, you know, because everybody's working.

I need your car in my car too for something too.

Okay.

Five cars.

Okay.

So I need a permission for five car.

Okay.

And just for a little context, the code allows for two vehicles and two adults.

So you're asking for an increase of three for both, three vehicles and three adults.

Um, the home is 1,146 square feet.

Is that correct?

Yeah.

Okay.

Um based on the code enforcement violations.

Um, there's been parking uh on the gravel driveway.

Do you have a gravel driveway at your park?

Oh, I got it conclusive.

Or Mahavi parking with it, no, and no, no ingress.

I don't park in grass, no.

Okay.

A lot of people go my house, you know, say you park in the grass.

I told you, don't park it with them.

Everybody's say, hey, that's not not your property, it's that sure, but I mean clean.

I mean, clean everything.

I mean as I response my responsibility, you know.

Okay.

Are those visitors to your home, the people that are parking there?

Uh, some people go see my sons, you know.

Okay.

I mean, but they are there.

Yeah, friends, you know, my son.

Okay.

My friend, you don't go see every Friday, Saturday, Sunday.

Okay.

A lot of people go to my house, make a barbecue, Santa, a lot of people, you don't.

All right, so they are there to visit you.

It's not that it's the neighbors' cars in their parking lot.

Yeah, but I parking my parking, no, and the rest of the okay.

Um, well, I don't have hold on.

I don't have any questions for the applicant unless you guys have any.

No?

Okay.

All right, you may be seated.

Sir, is there anything?

Well, you may be seated.

Okay.

Thank you, sir.

Absolutely.

So I'm looking at um the planning commission's recommendations.

Um, but I do recall this application.

Where do you go?

I I recall this application in 2022.

Uh, I believe you came before the board, and my concern at that time is the same concern that I have now with the number of code enforcement complaints.

And the printout that I have, there's seven pages, seven pages of code enforcement complaints, which generally are submitted by your neighbors.

Um my other concern is back in 2022, the board directed the applicant or directed you, sir, to come into compliance with code.

Um, but even with those directions, um, there was a failure to do so at that time.

Uh in fact, at some point, the numbers of vehicles increased up to I believe seven vehicles, but you've come into compliance now.

But the point that I'm making is from the time of the initial uh application, there's been an increase in vehicles, so I'm just not confident that there is um this desire or interest to um to adhere to the code.

Um and you know, obviously that puts me in a very difficult situation or position, but I do recognize the need for this accommodation.

You mentioned that your sons and your daughter, I believe, are there and they're all working and they need vehicles to get to work.

Um, but while I will take that and consist into consideration, I see very little effort on your part to be considerate of your neighbors and to comply with the county ordinances.

So while I am willing to support the planning commissioner's recommendation, I I do so with extreme hesitation and in all candor because I don't see where again there's been a willingness to be compliant and to be considerate of all things to to your neighbors.

Um just to be clear on my decision, any approval that's made, it's made with the expectation that you will take immediate steps to come into compliance.

Unlike the last time you were here, we provided a six-month grace period, and even within that six months, nothing changed.

Um I ask that you respect your neighbors and uphold the standards of the county.

The standards are there to protect all residents of Cobb County.

Um anything less would not be acceptable.

I would also note that if it is your desire to renew your application, because I understand the request was for twelve months.

But it if if it's your desire to renew, you must renew at least sixty days before the expiration of the application.

Um before the expiration date of the application.

Um with careful careful consideration because of your five family dynamic and even greater hesitancy because I am hesitant.

I make a motion to approve LUP 26, 2025 based on the planning commission's recommendations with the slight revision.

Let me find the recommendation to amend recommendation of the planning commission meetings minutes dated September 2nd, 2025, to reflect that there are to be no more than five vehicles parked at the property, and all other comments and recommendations not otherwise in conflict.

And that is my motion.

Second.

Any discussion?

Call the question.

The motion passes three zero with Commissioners Burrell and Cupid absent.

Okay.

Uh my advice chair and board.

Um the applicant who is a no-show this morning for OB41 is on his way, so we'll call his case as soon as he gets to the room.

And then the other application that we just called, uh, the interpreter did show up, so I'm gonna recall up 26.

LEP 26 of 2025, Ronaldo Valdez request a temporary language permit to allow more people and vehicles than the code allows in landlock 56 of the 17th district.

Properties located on the north side of Walnut Circle east of Birchwood Way.

Would the applicant please come forward to be sworn in?

Is there anyone here opposed to LEP 26?

No one opposed Reynaldo Valdez.

Good morning, my name is Reynaldo Baudet.

Um was he's he's gonna be talking first, or you guys uh he has 10 minutes to present his case.

Oh, okay.

And you present it to the entire board.

Okay, thank you.

Okay, this is vehiculos, but you met on permiso que paga 260 dollars.

I am here for the case that I have uh about the cars, and he previously uh paid like uh uh paid two hundred and sixty dollars for an application in order for uh the city to allow him to have those cars in his property.

So can he share with us why he needs the number of cars in the driveway?

Do you have any other information you'd like to share?

No.

Uh he says no.

Okay, and as there was no um opposition, I'm gonna go ahead and close the public hearing and hand this over to Commissioner Sheffield.

Thank you, Vice Chair.

Uh just want to go back as a point of clarification.

His testimony he mentioned that he paid a fine, therefore he paid to have the cars at the property.

Is that correct?

Uh yes, he did pay for a fine and he also paid for the application to have uh his cars in the property.

Right, and I understand that he paid the fine, but I thought in his testimony he mentioned he paid the fine, therefore he paid for the vehicles to be there.

But I just wanted to make clear that you paid the fine because it was a violation of the code not to have the vehicles at the property.

Uh yes, he he he paid the he paid that and then plot the application for the vehicles.

Okay, thank you.

Um so the request is for seven vehicles and four adults.

The code calls for three vehicles and three adults, and the home is fourteen hundred and ninety-two square feet.

Um kids, job, and personal vehicles, so I count that as four uh vehicles, and who are who who drives the other three, or if he can share with me how many children drive the vehicle, maybe that's where yeah, he said that he only has six vehicles in his property, not seven, and uh kines on losing managing those cars and uh her son threes from the name it it's three kids, three of her um his kids that drive the cars and his wife and uh himself, but he has a car for his job.

Okay, okay, let me just go back.

I thought the original application indicated seven vehicles, but okay.

Yeah, it does.

The original application indicates seven vehicles.

No, he says no, it's only six.

Okay.

Um also based on the code report and there's several pages of code enforcement violations as well, I believe with this one.

Let me get to it, yeah.

There are a couple of uh pages of code violations with codes dating back to October of 24 based on the number of vehicles at the property.

There was also a camper parked in the front yard.

Is the camper still there?

No, it's not he he doesn't have any camp or any trailer in his property.

Okay, and also uh there was a report a code enforcement violation of storage underneath the carport.

Has that been cleared because this report or that um inspection was in November of last year?

So we're impeding the still limpian one to carry.

He said he's cleaning that space up and he's gonna put cars in there.

Okay, but this is underneath the carport.

Yeah.

Yeah, that's that's what all right, okay.

Um to his best estimation, does he feel he's in compliance with code today outside of clearing the carport?

Can you say that again?

In his best estimation, does he feel that he is in compliance at his property with the exception of the carport?

Because he's the 16th five, is then there like the like uh like you mean like he feels confident that he's gonna get that clean that up or no, is he in compliant?

In other words, is he still parking on the grass because there were um observation of code enforcement with him parking on the grass?

Is he still parking on the grass?

Because he says he parking the way and they and then they've up some offer.

Yeah, and C Mara said that uh they don't park on the jar.

Because as I read through the um the code enforcement synopsis in the report, it does seem like over time uh he's come into compliance with the property because I I'm reading um some entries that observe up to seven vehicles at a time, and his testimony today says um he states that there's six vehicles, so I think that there is an effort on his part to come into compliance.

Um let me just check that.

Yes, okay, nada más didn't say entonces that be the choman esforce.

Okay.

Um dating back to February, and I know that he just has six vehicles there, but I still want to touch on uh some some issues here in the code enforcement report, but there is a ban or there was a van earlier this year that was parked on an unheartened surface.

Is that van his work van?

The white van?

Is it a white man?

Uh yeah.

That's that's his personal vehicle or his work vehicle.

It's his uh for his job.

Okay.

Okay.

Um I think that's all that's all the items that I have, unless you guys have any questions.

No, okay.

Okay, that's that's all I have.

So John, as I read the planning commission recommendation, there was an approval for the additional adults for 24 months.

The four unrelated, I'm sorry, the four related adults, but there was a recommendation for denial of the extra vehicles.

And if you recall from the PC hearing and I had not had an opportunity to view it before today, was there testimony shared of um of the drivers of the vehicles?

Because it's not captured on the application, and I just want to confirm if that was shared at the PC hearing.

Uh I I do believe it was uh his adult children that were the drivers of the extra cars.

But did he share that at the meeting because I'm seeing a denial of the additional vehicles?

Uh I'm not sure if it was shared at the hearing.

Um, Commissioner Sheffield, or if that was something that was just in the application that we saw in the file.

Okay, because I didn't see in the file where he noted, hold on, let me just take a quick look.

And he might have maybe I'm just confusing it with the other application.

No, in the application, it doesn't list the drivers of the vehicle, and typically on the application, um, the applicant will list the members of the household and who drives the vehicles.

I'm just concerned that um with denying the application, you know, if he has adult adult children, then how would they um get to and from work?

So I'm just trying to figure out what additional information I can glean from the PC hearing.

But they went on to deny the request for the extra vehicles.

Now the code allows for three.

Because he also has a personal vehicle as well.

He doesn't have any other place where to park.

So the national single caros are using the he's gonna try his best to just uh leave the five cars in there.

I'm sorry, can you step to the mic again?

Yeah, he said that he's gonna try his best to only have uh five uh cars parking in the property.

What exactly does that mean to try his best?

I'm just trying to figure out if he's planning to make arrangements to store the work vehicle at another location.

He's actually planning to remove one of uh the cars that is already there.

And and which car is that and what what are his plans if you can share that with us?

Um that he wants to know if you want him to tell him like the brand of the car, the color or no, he mentioned that he plans to have five vehicles, and I just wanted to know what his plan is.

Is he planning to store one of the vehicles off site?

Uh is it that one of his one of the occupants of the home are moving out?

I'm just trying to figure how how is he going to execute that plan.

Okay, um extra carrocket for guitarlo para um stay.

He said that he's gonna move it to somewhere else.

Okay, is it the van or the car?

It's the car.

Okay, not the van, it's the car.

Okay.

And does he have a window in which he plans to move it?

Uh tomar paquetarese carro.

Uh if he can just uh give him like a couple months.

Okay.

Okay, thank you.

That's all that I have.

Yeah, go ahead.

I do have one question for you, please.

So in your testimony, you said it was you, your wife, and three children that reside in the home, correct?

Uh three niños and uh two sponsoring conoster.

No, so three adult, I mean three kids are the ones that drive.

And then his wife and himself, like the ones that drive in those cars.

So do you have four other adults living in the house that are not your family?

No.

No.

Thank you.

Okay.

Okay.

Um, I thought I had some notes here.

All righty.

Okay.

Um with the uh planning commission recommendation.

I do uh support and uphold their recommendation.

Uh and I'd like to make a motion to approve LUP 26 for 24 months.

And I'll recommend denial for the LUP 26 additional vehicles, but we'll add the allowance for vehicles in my stipulation because the original request was for seven.

So for the seven, although I know there's six there, but the application has seven, so that part of the request I will deny.

However, I will allow for the additional uh vehicle within my my conditions.

So if we can clerk uh revise the PC's uh recommendation number one to read applicant to clean out the garage to allow for the parking of two vehicles inside and allow two vehicles to be parked on the outside.

Um hold on, that was six vehicles, although he says he has five at the property.

Um allow two vehicles to be parked, three vehicles, because I will allow the additional three vehicles to be parked on the driveway.

Uh applicant to remove any additional vehicles from the property within 60 days, and all staff comments and recommendations not otherwise in conflict.

I'll second the motion for discussion.

Okay, go ahead.

Um, would you like to put a time that the um garage has to be cleaned out and the vehicles parked within because testimony was given that he had started it last November and it has not been completed.

Okay.

All right, thank you for that.

Yes, and if I would amend that to clean out the garage within 30 days and park the vehicle within 30 days, from to yeah, from approval, yeah.

And I will second the amendment motion.

Any other discussion?

No, ma'am.

Call the question?

The motion passes three zero with Commissioner Burrow and Cubid absent.

Okay.

Is the applicant here yet for uh other business item number 41 of 2025 Land Star Builders Inc.

Okay.

So what I'll do, Madam Chair and Board is I'll reread that as the consent agenda, and then you know if the board wants you to disapprove.

All right.

Other business item number 41 of 2025 is consider amending the stipulations for Land Star Builders Inc.

regarding rezoning application Z18 of 2022.

The property is located on the south side of Liberty Hill Road east of Canton Road in landline 660 of the 16th district.

Staff recommends approval, subject to the following conditions.

Number one, fire department comments recommendations contained in the other business packet.

Number two, COBDOT comments or recommendations contained in the other business packet.

Number three, contractor uses permitted.

Number four, no outdoor storage and no heavy equipment on site.

And number five, all previous stipulations not in conflict remain in effect.

The applicant is present.

Is there anyone here opposed to other business item number 41?

Uh there's no one opposed, and the applicant is present.

Madam Vice Chairman Board.

So I'd like to make a motion to approve OB41 as presented.

Second.

Any discussion?

Call the question.

The motion passes three zero with Commissioner Burl and Cupid absent.

I'd like to make a motion to add OB41 to the consent agenda item.

So moved.

I mean second.

Any discussion?

Call the question.

Motion passes three zero with Commissioner Cupid and Burl absent.

Okay, John.

Thank you.

All right, moving on to the next item on the agenda is other business item number 33 of 2025, which is to consider amending the stipulations and site plan for Hadasua Fatherin regarding reason uh resuming applications D13 of 2013.

The property is located on the east side of Atlanta Road, south of Paces Fair Road in landline 743 of the 17th district.

Is the applicant present?

Yes.

Applicant is present.

Is there anyone here opposed to other business item number 33?

Please stand and raise your hand.

Okay.

So there's 12 people here opposed to this application.

All those who would like to address the board either for or against the application, please come forward to be sworn in.

Good morning.

Go ahead and state your name and you may present.

You have 10 minutes to present your sign.

See that again?

We're ready for you to present your sign.

Oh, okay.

So I know I got some feedback, and I have these stipulations that have been uh suggested, and I don't have any objection to the stipulation.

I approved it, and that is all I have.

Can you please state your name for the record?

I desuf I doing.

Thank you.

Thank you.

So you have no other information you'd like to share with the board at this time.

Um no.

Okay, thank you.

And if we can call opposition, go ahead and you may be seated.

And remember you have 10 minutes collectively to present.

Yeah, she has the other after me.

Morning, madam chair and board.

Uh, thank you for giving us the opportunity to speak again this morning on this application.

Um, to remind the board from uh this being heard last month.

I'm here on behalf of several adjoining property owners and the association that adjoins this property homeowner association that adjoins this property.

Um those individuals are here with us today.

James and Jill Hislop, uh Charles Hamilton, and Chris Goodwin, and the several others that you saw here that stood at the call of the case, um, are either the adjoining residents or nearby residents in Pesas High Park.

Last month we also had others uh from outside the subdivision as well.

Um we've continued to have concerns for what this applicant proposes for the business uh to operate here.

Uh we expressed several of those to you uh last month, and that not only comes from the type of business that we've seen being proposed, but from uh the activities that we've seen during the pendency and prior to uh this case being filed.

Um this is not uh an attack on the applicant or an objection to an appropriate business being at this location.

There was significant detail and intention that went into uh Z13 from 2013, June of 2013, multiple pages of stipulations amending and and and adding to an already detailed stipulation letter from the attorney for the applicant at that time.

The intent was to have a professional office or similar use.

Uh there were other uses that were allowed to be proposed, um, and that's what we have here, but we can't forget the intent of what that stipulate that stipulation letter, those conditions and those minutes required.

Um that's appropriate looking at what this business is adjoining.

Um I'm not gonna go back through all of this, but I think just looking at this commercial operation and what's surrounding it with the residential.

You can see, and if you watch the hearing from uh 2013, you can see the level of attention that went into trying to make sure that in every way possible we could ensure that this was a use that looked like a professional office.

It was even originally proposed to be a by appointment only, and I don't know when we ever see that.

So that's the limited type of use.

We then have the things that we've seen during the course of this application that have led my clients and the adjoining owners to rightfully be concerned that what's been proposed in their own documentation is well beyond neighborhood bakery.

Um ninety percent is designed to be distributed to other operations and advertised as a wholesale bakery.

So I'm gonna let you hear from um one of the adjoining owners uh to kind of add to and provide additional information from what was provided to you before.

Um we appreciate that there may be some discussion to uh have additional stipulations be imposed.

Uh we think that would be a good thing, um, but we think that there uh is still significant concern about the actual type of operations here not being appropriate for this location uh and some changes to what we would like to see as hours of operations and other components that I'm gonna let uh Ms.

Slopp speak to.

Good morning.

My name is Jill Hislop, and I am one of the residents that immediately adjoins the property.

Um we are right behind at 3712.

Before we purchased our home in 2016, we reviewed the documents that were on the property that is in question.

We were comfortable with an LRC property on the adjacent.

This reassured us that it would protect our quality of life, our property values, that it would be low-intensity neighborhood serving businesses.

The stricter stipulations, as Mr.

Rosen has mentioned, were written to be an office with limited hours, carefully chosen conditions to minimize the impact that it would have on the surrounding homes.

And for almost 10 years that we live there, this worked.

We're here today because they failed to do their due diligence prior to purchasing this property.

We're now trying to balance the interests of our existing residential neighborhood with that of businesses whose operational scope is honestly murky.

We've seen and we have a lot of concerns.

Over the past months, and we addressed some of it last time we were here.

There's been property damage, both to our property, to our HOA's property, and to Mr.

Pilgrim's property.

Am I controlling this up?

Dating back that's missing things, sorry.

Dating back to when this first started in April, when we first made our first call claim to code enforcement, we started discussing the amount of dirt, soil, debris, and trash that were piled up against our rear fence.

It's noted an April 24th of 2025.

In May of 2025, they indicated that when they were done with construction, that debris and dirt and asphalt would be removed.

It's still there as of today.

And when you look at those trees that are behind that property, they're dying.

One of them is most likely already dead.

That further increases the likelihood of additional property damage.

There's already been damage to the neighborhood's fence, which is owned by Paces High Park, as well as the significant amount of dirt that is actually piled on some of our property.

Mr.

Pilgrim has told you about the damage to his property.

It resulted now in a lawsuit.

This is not the type of life that we want.

We shouldn't have to be fighting with our neighbors.

For the years that we've had, for the years that these stipulations have been in place, this neighborhood has had a good relationship with the two businesses that occupy that property.

That's no more.

The zoning is clear.

LRC must abide by low-intensity neighborhood-oriented services to nearby residents.

Instead, we're faced with an industrial wholesale operation.

Just last month, Ms.

Fatterin testified that these products are going to be sold via UPS, that they'd be picking them up.

Her packaging includes stabilizers, preservatives, and metric labeling.

The oven that she res mentioned in her video, this is a screenshot from your BOC meeting of last week.

That's a Bassanina oven.

It's capable, depending on the model, and that we can't tell from that video, of hundreds to thousands of items per day.

That's not LRC.

That's not neighborhood oriented, and it's most certainly not low impact.

We looked up all the zoning of all the nearby bakeries.

Not a single one is LRC.

Not a single one as close to residential as this one is.

I know that that's not going to happen, but every half hour counts.

I'd love to ask for 7 a.m.

to 8 p.m.

Let my child let us have some time to enjoy our properties in peace and quiet.

We can't put this genie back in a bottle.

Now is the time to ensure that this property remains what it was meant to be.

A low-intensity, neighborhood-oriented business with strict enforcement to protect the residential communities, implement regulations on this property to ensure that we can enjoy our homes, sleep through the night, and live in a neighborhood that is not in the shadow of an industrial operation.

That's all I have.

Are there any other speakers?

Okay, I would like to close the public hearing and turn it over to Commissioner Allen.

So this has been this has been a case that we spent considerable time on in last hearing.

But what we can do is put stipulations that are in place, whereas if there are violations of Cobb County Code or the stipulations, we can find ourselves back here to address those again.

Also know about the property damage, and I encourage both parties to work through that process and make sure that we are good neighbors, that we do repair what has been damaged, and if there is outreach that we communicate in a way that builds that trust going forward.

In spending time with both parties, I understand the passion on both sides.

So I'm ready to make a motion if there are no other questions of the applicant or the opposition.

And the first thing I want before I make the motion with the hours of operation, I just want to be clear, and it'll be clear as I read out and to the clerk, I'll give you a copy of the stipulation so you have them.

It's very detailed.

Um that with a 6 a.m.

operational start time, this is for activities that are inside of the building.

And I take, as does the state of Georgia, the rights of a property owner to access their building.

And I do not think it's it's the job of the county to overreach and to restrict when someone can access their property that they own.

We can restrict operation of hours and service to customers, but when someone owns a property, if they are not violating any code, any law or stipulation that we put on that property, they have a right to access their property.

So with that, I make a motion to add additional stipulations onto this property as follows.

Hours of operation approve OB33 with the following stipulations.

Hours of operations no earlier than 6 a.m.

with customer hours from 8 a.m.

to 7 p.m.

Monday through Saturday.

No business operations, including baking or equipment maintenance repair after 9 p.m.

Monday through Friday.

All employees arriving before 8 a.m.

shall use the parking spaces located closest to Atlanta Road and use the entrances on the front or the south side of the building.

The business shall be closed for operations and business to customers on Sunday.

All operations are to take place inside of the facility, including cleaning, baking, cooking, and customer tastings.

Inbound and outbound deliveries are allowed between 9 a.m.

and 7 p.m.

Monday through Friday, and must use the entrance on the south side of the building or the front entrance.

No loading or unloading on the north side of the building in the shared drive.

No dumpster allowed, only two 96-gallon rolling bins to be placed in an enclosure on the south side of the building.

Doors to the enclosure must be always closed except for the emptying of the bins.

Final location and the enclosure designed to be approved by the district commissioner and must be installed on or before November 16th, 2025.

Trash collection and grease trap cleaning is restricted to 8 a.m.

to 6 p.m.

Monday through Friday.

Vegetative buffer to be placed in the rear of the building on or before November 16th.

The county arborists to approve the design, and if not completed, um I guess we can't put that in there, but to be completed on or before November 16th, 2025.

The NEON open sign, no larger than one foot by one foot is permitted to be displayed from the front interior of the building.

The sign shall be static with no flashing, blinking, or scrolling.

No speakers permitted outside, no audible music to be heard outside the building.

There shall be no outdoor seating or extended covering awning, etc.

No outdoor storage or outdoor display of merchandise, no idling of vehicles in the parking lot.

And on stipulation six from the original stipulations in 2013 to include security lighting in the lighting must be directed facing away from residential properties, and that'll include security lighting.

And then all of the stipulations not otherwise in conflict are to remain in effect, which means all of the other stipulations from previous are to remain in effect and are not excused.

And all future use of this property shall come before the Board of Commissioners for approval.

And that closed my motion.

Second discussion?

I do have a clarifying question on your the maintenance.

Monday through Friday.

Correct.

Are you going to allow maintenance to be done on Saturday?

Monday through Saturday.

Let me amend that to Monday through Saturday.

Okay.

Commissioner Sheffield, are you good with that amendment?

Okay.

Okay.

And I just yeah, I I have a question regarding the um the landscaping, and I know that the arborist is going to be involved, but I know that sometimes the fall is not the best plate, best time to plant certain trees, so there may be a need for some flexibility there.

At the request of the arborist, we'll make it flexible.

Okay.

Any other questions?

Call the question?

The motion passes 3-0 with Commissioner Burr on Cupid absent.

Okay, next item is other business item number 34 of 2025, which is to consider amending the stipulations for Camelou uh Affalabby Federal regarding rezoning application Z47 of 2016.

The property is located on the east side of Ellis Mountain Drive, south of Sage Lake Bend in landline 45 of the 19th district.

Is the applicant present?

The director show the action is here.

Is there anyone here opposed to other business on number 34?

Two.

Okay.

Let the record show there's two people here opposed.

All those who would like to address the board either for or against the application, please come forward to be sworn in.

So I'm here because uh uh the county court enforcement office came to my house and they told me uh to uh bring down my fence.

Uh the first person we came said uh defense was okay, but then uh another officer came and said okay, the fence has to go down, then that's been subsequent visits of the after then, and they said oh the trees also in the buffer uh must go down.

Uh but before buying the property, the builders say that the a lot of communication uh with county saying that the fence uh was okay, and uh that we could have the fence in that in that uh in that uh location.

Uh so the buffer we have a buffer uh monument that says okay, you cannot uh encroach within the this buffer, but uh but the fence was okay, that's what they said.

But uh now we find out okay, there's a misunderstanding that uh you cannot have a fence there.

So I'm here today to uh have the buffer with us so that I can keep the fence up, but I do not intend to uh encroach in the buffer, and the fence is not visible from uh the other the HVA behind uh that uh protect the foot uh uh the distance between the both uh subdivisions.

So that's uh that's why I'm here today.

So do you have any other information you'd like to share?

Excuse me.

Is there any other information you'd like to share?

Yeah, so uh I guess the main reason for buying the property was uh because of the access to the fence because I have an autistic son who is five years old and kind of needs space to uh to play, and uh so that's well my understanding that we could have a fence with uh with that with that piece of land available for just uh so we could it could be outside and that could keep a fence there to keep him safe from wandering off or sometimes we see deer coming, and so just to keep uh animal from also getting in.

So that's the main reason for the property.

So this is kind of defeating everything.

Okay, thank you.

And now if opposition would like to approach, you have 10 minutes.

Hi, I'm Karen Dickey, uh the HOA president of Winthrop Manor.

And this is Josh Cronen, who borders this particular property.

Yes, so um, we were told that the there would be a residential or uh buffer that would not be disturbed, that there it would be larger than it was originally, but it was reduced and uh and cut, and um there is a monument that says do not go or do not disturb beyond this this barrier or whatever, and everyone uh seems to be building their fence beyond that.

So there is another issue today, I believe, uh on the same matter of uh people encroaching this buffer, and more houses are selling, um, and it probably will continue to happen.

So we do not want them to uh keep extending the buffer, they'll probably cut down the trees within the their the the fence uh with time, and the buffer was supposed to be there to um um you know protect the view from our neighborhood to over the over to theirs, so we're just not really sure what to do because you know it's my understanding the law is just black and white, there's no gray area in the stipulations were put into place that there is a buffer, and I'm so sorry that if the builder or whomever told this gentleman that it was okay to build that fence, that was okay, but it's not okay, and because they're gonna continue building houses, and I we fear they're going to continue to do so to infringe on this buffer.

And we can see the fences from our neighborhood and or the buffer, um, and it's up actually on a hill, and it used to be completely wood uh wooded, and now we we can definitely see into people's backyards, and yeah, the the what barrier was planted uh or are but the arbors planted is still very small, and uh um I fear that it will be cut down relatively soon and plant people will plant other things there, but not things that will protect the view from our neighborhood.

So I I think it shouldn't be uh uh infringed upon and yeah, I I guess I I do have photos too of uh but um the the monument is very obvious that it's not their property that they built the fence on, and um they willingly you know went beyond that and built the fence.

So I guess that's it.

Great, thank you.

Thank you.

All right, I'm gonna go ahead and close the public hearing, and then CP, I have a picture that I'd like you to put up, and I'd like the applicant to come and approach that okay.

Sir, does this sign look familiar to you?

Yes, ma'am.

Is there a sign in your backyard?

Yes, ma'am.

Okay, thank you.

So I'm very familiar with this case.

The um the gentleman in opposition mentioned that he had photos.

Is this the same photo that he had?

I'm just curious.

Okay, yeah, these are photos that were um submitted in opposition.

Okay, all right, thank you.

Um, but I am very familiar with this case.

Um the neighbors did work very long and hard with the original application on this rezoning, and um protecting the natural buffer area was critical to the neighbors, and hence that is why we went and put these signs up, and you will have these signs in every single lot because as we all know, um when we do buffers, they're the first thing that tend to get disturbed and um not followed.

Therefore, um I'd like to make my motion to deny OB 34 with the understanding that the applicant has to remove the fence by October 16th of 2025.

Now for the applicant to clarify, you are allowed to put your fence in front of this marker, you cannot go behind this marker, and then also I would like um the applicant to work with the county arborist to replant any uh disturbed natural buffering or replant by November 16th of 2025.

Second any questions?

Yeah, just a point of clarification.

I thought I saw on the paperwork that part of the fence is in the buffer, or is it the entire fence?

Just part.

So it's the fence is in the um disturbed buffer area.

Okay.

So I don't mind.

The fences are in yellow.

Because we have two applicants with the same situation.

All right.

So essentially looking at this picture, they could put the fence not quite along the red line, but you can see where they had to grade.

Yeah.

And then they replanted to be in compliance with the zoning stipulations.

So if the applicants would like to put the fence essentially in front of where that graded area ends, they could still totally enclose their fence, which would then allow for his son to enjoy the backyard.

Okay.

I just needed a little clarity because on here I saw partial partially, and then you said to remove the entire fence, so I just needed that clarification.

From the undisturbed buffer area.

Is that is that clear?

Okay.

Okay.

Any other questions?

Call the question.

Motion passes 30 with Commissioner Burl and Cupid absent.

Okay, next case is other business item number 37 of 2025, which is to consider amending the stipulations for furniture mattress warehouse LP regarding rezoning application Z25 of 2021.

The properties located on the south side of PMOT Road and on the east side of Bills Fair Road in Landlot 642 of the 16th district.

Is the applicant present?

Is the applicant here for other business line number 37?

Uh furniture mattress warehouse.

Is there anyone here opposed to this uh case?

Madam Vice Chair and Board, it appears the applicant is not present.

And yeah, I'm not sure if we're gonna have time to get them here before the hearing ends.

I did talk to them last week, and I I thought they were gonna submit a letter to withdraw this, and then they never they never did.

Okay, Commissioner Allen.

Yeah, I'd like to make a motion to continue until October 21st.

Okay.

Second.

Any discussion?

Call the question.

Motion passes 30 with Commissioner Burl and Cupid absent.

Okay.

Next case is other business item number 39 of 2025, which is to consider a reduction required lot size for horses for Matthew Brady Owen from two acres to 0.459 acres.

The property is located on the south side of uh Sans Qua Sanskok Sansa Lane in Landlot 697 of the 19th district.

Is the applicant present?

Yes.

Applicant is here.

Is there anyone here opposed to other business on number 39?

Okay, thank you.

Would the applicant please come forward to be sworn in?

Good morning, Jennifer Rose Ketha, on behalf of Matthew Brady Owen.

Um my name is Jennifer Rosketha.

I'm here today to respectfully request approval to house two therapeutic miniature horses, Luna and Ashley, on our private residential property as service animals and training.

These animals are intended solely for the benefit of our immediate family, not for business, group home or public program.

We are a single household with three ADA protected members, each with verified need for ongoing therapeutic and functional support.

This request is not the result of a complaint, an enforcement action, or a dispute.

As a neurodivergent adult uh structure and transparency are essential to how I engage with the world.

And when I learned that we could possibly have opposition in the future, I decided to be proactive.

We don't currently have any neighbors that are in opposition.

Um we have no one that our horses have not set foot in Cobb County.

So again, this is a proactive measure.

Um I do want to be clear about what we're not requesting.

We're not asking to operate a commercial animal facility.

We're not seeking to bring livestock into a suburban neighborhood.

We're not asking for anything outside the scope of lawful, reasonable accommodation under the Americans with Disabilities Act and the Fair Housing Act.

We will use clicker training and positive reinforcement, desensitization desensitization to medical equipment and mobility aids, indoor hygiene protocols, including stall toileting and hoof boot use when indoors, and behavior shaping for emotional regulation and safety.

METSA stands for miniature equine therapy standards association.

And by following METSA-aligned methods, we ensure that Luna and Ashley will be trained with professionalism, purpose, and respect for the role as federally protected therapeutic animals, not pets.

Ashley has already been trained to eliminate bodily waste in a designated corner of her current stall, and she's teaching this process to her filly, Luna, who is at present almost a wingling.

This training is designed to support future indoor access in a controlled hygienic way when engaged in the therapeutic interaction within the home.

Both horses will wear soft boot-like hoof coverings to protect their footing on all types of flooring surfaces and support indoor safety.

All plan training aligns with standards promoted by METSA for miniature equine assistance animals.

Again, these will not be pets, they will be working therapeutic animals trained with professionalism and purpose.

The request is both simple and deeply meaningful.

It's to allow our therapeutic horses, Luna and Ashley, to join our home in order to serve the therapeutic needs of our disabled family members, while also providing a life-sustaining outlet for myself as their trainer and caregiver.

We're not asking for special treatment.

We are asking simply for equal access to stability, support, and healing in the one place that should be the safest for us, which is our home.

Both animals are being trained in accordance with Medsa standard as a previously mentioned.

We are going to, I'll give you just sort of a profile.

Luna is a young, dually registered miniature horse.

She's being trained from birth to search for to certification as a service animal with a strong focus on emotional grounding, mobility support, and public access behavior.

Her calm, curious nature and developmental imprinting make her an ideal candidate for advanced task training.

Ashley, her mother, her dam, is a 19-year-old duly registered miniature horse with a proven brood mare history.

Several of her offspring are certified therapeutic animals.

She is transitioning into a public access task to train service role.

Building on her nature on her mature temperament and a long history of positive human interaction.

Her tasks include emotional regulation, retrieval, door assist, and mobility pacing for her disabled partner.

The legal certification and framework.

Both training programs follow ADA Title II and III guidelines, which recognize miniature horses as legitimate service animals.

Certification will be pursued through METSA, which requires task proficiency, public access skills, and calm behavioral standards in public spaces.

The task training summary.

Both Luna and Ashley will be trained to realistically perform at least five disability mitigating tasks for their designated disabled partner.

Grounding during emotional dysregulation, so tactile pressure, nose touch, item retrieval, medication pouch or dropped objects, door assist, push button or tug rope, mobility support, curb navigation and pacing, public space buffering, block command for crowd management.

Their daily routine and support support schedule will begin with turnout to pasture when the due is lowest before the heat rises.

They require earlier access to grass for safe digestion digestion and also emotional regulation.

The handler works from 8 a.m.

to 4 p.m.

midday.

So supervision will be in care task will be led by my co-trainer, Hector Rosket, though, who's also my husband and primary caregiver to our homeschooled disabled son and to my disabled veteran brother.

Luna and Ashley are being trained to serve as ADA compliant task training miniature service horses, supporting their disabled partners.

We have a schedule laid out for them if you would like to have more information about that.

We have an optimized training schedule and lifetime care model.

As these animals live to be 25, 30, 35 years old of age, we are creating for our family a continuity of care as my son grows and becomes more independent, but will remain to a certain degree dependent through throughout his entire life.

That continuity of care of having the same service animal that is trained specifically to him, and that they've had the early imprinting from the cult the time of the Colt's birth through her entire lifetime is going to be an extremely vital thing for our household and for my peace of mind as a parent.

Under the Fair Housing Act, individuals with disabilities are entitled to reasonable accommodation, including the right to live with assistance animals such as service animals and service miniature horses.

HUD guidelines guarantee that the assistance animals are not pets and that breed size or specific restrictions do not apply.

No special certifications or registration are required, and landlords may not impose additional fees, which is not applicable in our case as the property is owned.

Owners are responsible for any damage caused by the animal, which is not going to be an issue.

Similarly, the Americas with Disability, the Americans with Disability Act, Title II and III explicitly include miniature horses as service animals if they are individually trained to perform tasks for a person with a disability.

Public entities must make reasonable modifications to accommodate them.

Provide the animals provided the animal is housebroken under control and does not compromise safety or operations.

Both expected to reach not over 30 inches tall, as the dam is 30 inches at her shoulder, which is roughly the size of a female.

Great dame.

We have compost schedules, trash schedules, dump schedules, all of the things.

This is not our case.

We are trying to be proactive.

Legal journey.

Your time has run.

Thank you.

Thank you.

You may be seated.

Thank you.

And we had no opposition.

Correct.

So I will go ahead and close the public hearing and turn this over to Commissioner Sheffield.

Thank you.

I have a um some questions, a series of questions, in part because I'm a little unfamiliar with the miniature horses, et cetera.

Although I will share that I've done extensive research and preparation for for this hearing, but I still have some questions I'd like for you to answer publicly for the record.

The first question I'll start with is do you have a copy of the letter of support from your neighbor as reflected in exhibit C of the handout you passed out last month?

I apologize.

I thought that it had been included, but I would be happy to provide that to the court.

I don't have one with me, or not to the court, to the board of commissioners.

I don't have one with me.

Okay, so you don't have that.

They are one house adjoining.

They are the Solomon family.

The Solomon family.

Okay.

And that letter, I think that was the only document that was not submitted with with the packet.

Okay, my apologies.

Okay, all right.

Um also as a point of clarification, the letter that was sent to the residents in Cobb County, the notification indicate that Luna was born on June 17th.

Is that that that's correct?

But on your exhibit A from the pediatrician, she indicates that Luna has been selectively bred for therapeutic traits and is dual registered with AMHA and AMHR, but her letter is dated a day before Luna was born.

Okay, so I believe that I made the mistake.

Luna was actually born in May.

She was born May 17th, not June 17th.

So that is a mistake on my part.

Okay.

So within that one month period, according to the doctor at Kaiser, within that one month period, she became dual registered.

No, she is eligible to be dual registered.

Her dam is dual duly registered, and um she is eligible to be dually registered.

I would have to check with the breeder if that has happened or not.

Right.

Um I know the registration process has begun.

Right.

And and and I recall you mentioning that last month, but in the letter from the doctor, she indicates that she is at the time this letter was written, that she was dual registered.

Okay.

So because the doctor, the the letter from the doctor indicates that she's ready to, you know, ready to begin training, ready to begin her therapy uh with um with the residents.

So that it's a little conflicting to me.

Gotcha.

So I just wanted some clarification on that.

Fun fact about autism and ADHD, there's time blindness, and so I'm not super great with dates.

Um, so that is most likely an error on my part that I just didn't I didn't notice.

Well, it it's not that it would have been information that I provided to the doctor regarding, and it shouldn't say that she is registered, but she is eligible for registration.

Okay.

But the information in this letter is information that you communicated to the doctor because it's inconsistent with the information that you sent to the community, it's the only point that I'm that I'm making.

Okay, okay.

Um, all right, so I have some questions kind of broken down by category just to kind of stay um on point with everything.

So for my commissioners, if you have any questions as I get through these categories, then please just jump in.

Um the current housing arrangements.

In your earlier testimony, you stated that you lived in the home since 2019, I believe.

That is correct.

Right, without horses.

Uh, and for the record, just note that there aren't any horses currently at the property.

Um, so my question is why are the horses needed now.

Um, you know, um, if you've ever heard of step therapy, if you go to a doctor and you ask for a medication, they're gonna step you with one thing and then another and then another and then another.

And we have done that with our family as our family has developed, as our diagnosis have developed and uh as our needs have developed.

It's a natural evolution that you don't start with the big guns, you start small and you work through and you work through and you work through.

So this is um as a clinician as a disabled person who spent a lifetime without accommodations.

This is my effort to have gone through the steps first to see with um the least restrictive environment, what is the best service that we can put in place for our family?

Uh our family dynamic has also changed.

My brother has come to live with us.

That is not something that was previously in existence, and so that dynamic and and the nature of his disability has also escalated some of the dynamics that we face in our household, and we are at a place that I would be remiss to say that it's not just as much for myself as it is for my family members, because I work a job where I I'm in heavy crisis all day, and then I come home and I need regulation because I am a disabled adult with accommodations in the workplace, and so this is as much for me, you know, as as a trainer in a clinician as it is for my family.

So the reason that they weren't there before is because it wasn't an option for us, but it had to become an option given the need.

Okay.

All right.

Also, uh, you sold your brother the house in November 2024.

That's correct.

But also indicate that he's unable to live independently.

So when the excuse me, when the house in the farm in Fulton County is built, excuse me, I think it's December of next year is the timeline.

Yes, will your brother move with you and the horses, or will there be other caregiver arrangements for him?

And if that is the case, does he plan to have horses there?

No, he will always live with us.

So we acquired the 11 acres on which we're working to begin building, so that we can have a space that accommodates the needs of our family, uh, including therapeutic animals.

Um right now, the space that we have is adequate, it's not ideal by my standards, but it is adequate for the standards for um keeping a therapeutic horse.

I would just like for them to have more space and for us to have more space and buffers and all of the things.

So, yes, ma'am, once we make that transition, uh, he will be coming with us and the animals will transfer as well.

The animals will actually probably, yeah.

So we'll all transfer together.

Okay, okay.

Um horse training.

You stated that the adult horse was used in a therapeutic setting and was trained, but is still with the breeder.

Yes, so I do need to make an amendment after clarifying with the with the breeder.

Um the the dam has been used as a brood mare to produce because of her calm temperament, her curious nature, um, her just pliability with training.

Um, you know, she is broken to to use the bathroom in one side of her stall.

I mean, she's just um so she has been used as a a horse who has produced multiple therapeutic horses that have gone into be the in bear in therapeutic roles.

So she has been essentially a brood mare, and so she would be transitioning her life from that service because she is 19, so she is um not for her health and safety, it's time for retirement regarding producing more foals.

Luna will be her last foal, and keeping them together will help us provide a model for Luna.

It will provide socialization for Luna with another equine as we're training and transitioning to our larger property.

Okay, so just a quick question regarding Ashley.

You mentioned that she's 19 and she's currently being trained.

Uh so I I guess the assumption is that she did not serve as a therapeutic animal before now.

She was select what was her life like from when she was born up till now.

Sure, she was selected to be a brood mare to produce therapeutic offspring.

Okay.

So her life has been in the same family with the same handler.

Um, you know, she it's been sort of a life of luxury and babies.

Okay.

Um, and I believe you mentioned that you were also the trainer and the caregiver, and last month you testified that you are in the process of becoming certified.

Can you share an update there?

So my the certification that I'm doing actually, when I looked at that, and that was an amendment that I wanted to make today.

The certification that I am pursuing is actually for uh equine therapy for writing and psychotherapy that has equine involvement.

So it is actually not through Medsa, which is where I did a little bit of research and and found Metsa.

I also spoke with the breeder, and we found a one of Lib one of Luna's siblings is in a training facility in North Carolina, and they actually provide training for people who are going into therapeutic who are training their animals for therapeutic.

And again, the ADA provides for animals in training, that they do not have to walk through the door already trained.

Okay.

Um earlier testimony, you communicated that you're you're the trainer and the caregiver.

Can you share with us the type of um I guess responsibilities that would fall within your caregiving purview for the horses?

Sure.

I'm you have just the the social connection, um, training the horses to behave a certain way in certain environments, um, get used to being desensitized to being to touch, to feel, to smell, to sound.

We use clicker training to give immediate positive reinforcement.

So let the animal know that immediately that the behavior that they're demonstrating is exactly what you're looking for.

Lead rope, things like that, being used to wearing the the hoof boots on indoors, teaching the animal that there's a difference between just like any other service animal, when they're wearing their vest, they're in service mode.

When they're not wearing their vest, they they have free time.

And so making that distinction also with the animal and just letting that become their norm.

Okay, and what about the caregiving responsibilities?

Caregiving responsibilities are well underhand.

Um my husband, uh, who is a stay-at-home primary caregiver for my brother and son, um is oversees all of the caregiving stuff.

So we will as far as manure, we will do a morning and evening disposal of manure.

Um these horses produce on a schedule and they produce at the same rate as a um like a Great Dane might comparable.

And so we will do morning and evening um removal of that and make sure that there's clean shavings and minimize any sort of potential issue.

Okay.

Because we don't want to live with it either.

Right.

Um, so are there any other caregiving responsibilities?

Because based on my research for the um for the miniature horses, they also need to be stimulated as well and not just serve as a therapeutic animal.

So I'm just trying to figure out as it relates to the caregiver of the animals, not your brother or your son, but your caregiving to the animals.

What type of stimulation do you plan to provide to the animals?

Gotcha.

So there are engaging feeders.

Um it's important to always have your horse feeding from the ground.

That's the natural position, and it's the position that will most predict is most preventative for something like holic.

You can get, if you've ever seen the felt blankets that are tied at the ends, they have feeders like that too.

So you're giving the horse a treat, but they're engaging with the the sensations.

Um you can put a mirror up in the stall.

We have a jolly ball, we have a large soccer ball, and all of that engagement is part of the training.

Um, you want to have a healthy horse to have a healthy therapeutic service animal.

So they have to be, and and that also really the initial consideration was only for Luna.

Her mother became available, and it felt like for her health and training, just that ability to engage with another equine and her early development is going to be pretty crucial for her.

So that is the opportunity that we looked at as like, you know, we we have the need for two, we can do this, and it's going to be best case scenario for everyone involved.

So there are definitely engagements.

There's just a plethora of engagement tools and things that you can do to keep horses engaged.

Okay.

And will that type of training meet the specific needs of the disability?

It will, yes, ma'am.

Because a lot of that training is going to be target training.

So while the horse thinks you're playing a game and they're getting rewards, they're actually learning to pick up something that fell down and bring it to you.

They're learning to touch something, target touch.

So you get a stick with a ball on the end of it, and you you touch things, and when the horse extends up and touch where the ball has touched, that's an immediate click.

That's a reinforcement of that behavior of like that's where we wanted your nose to be.

You did great.

And so that kind of thing says now it's on a push door.

It's no longer on, you know, it's no longer on this post.

It's on a sign that says push to open doors and for pacing and things like that.

So, yes, ma'am, every engagement with this with the horse will be for their benefit, but also towards the training of that to the benefit of the recipients of their services.

Okay.

And this is my last question regarding the training, and if my commissioners have have any questions, they can jump in.

But as it relates to Luna, she's only started M printing based on the information that that you submitted.

Well, she's old enough now that she started halter training and lead training.

So I'm sorry, what type of training?

Halter training.

So we work with we prefer to work with a rope halter.

Um, so we have a halter on her so that she can be led and that's that she walks alongside without resistance.

So it's just a matter of it's basically lead rope training.

And you mentioned there were two two types of training that she's undergoing right now.

What was the other?

Halter training and lead training.

So wearing the halter and being used to having an a foreign body on them or foreign apparatus is is the initial the very very early stages.

You know, you you put ropes around the their behind and you get used to them, or that you help them get used to being shifted from one side to another.

So for example, if I want her to be beside me, I'm gonna raise my hand and teach her to come to me rather than me walk over to her because it's her job to come to me.

So those kind of those kind of initiatives are being started.

Okay, um, so she's she's not fully trained, which we know and we've already established.

So my question is when do you estimate her to be fully trained to meet the specific needs of the disabled um occupants?

A little bit more every day.

So the Metsa standard is within two years, and so the Metsa standard for us would be um that she be certifiable within two years, but she is still, I mean, it's it's kind of like training a toddler, you know, she still has the young brain, and so there is some physical development that happens with her, but she's developing within the realm, like this is what she's gonna know.

This is um it's gonna be joy for her to serve just like any successful service animal, it is um something that they find value in.

Okay, all right.

Um I think that was all of the uh horse training questions that I had.

Do you guys have any?

So on the jolly ball, you're talking the the plastic one that you put the treats in, correct?

No, a jolly ball for horses is about this big, depending on the horse size, um, and it's a it's a weighted ball and it has a a loop plastic part that they can bite um and like they can throw it up in the air and throw it to you or just throw it on the ground, you can kick it to them, they can kick it back, and then there's a big inflated soccer ball design specific, it's essentially a yoga ball, uh, but with a protective covering aside.

Right, and and and I am very familiar with both of those, but um the jolly balls again, there are different types, and you just described the one that you're going to want, but they can be very noisy, and I I just want the board to be aware of that given that this is a residential area, that those can be very noisy and um such when they're in use.

No more than any ball that I would throw for my dog, and these are not squeaky toys.

Okay, thank you.

Um guys have anything good?

Okay, um, shelter.

Let's talk a little bit about shelter.

Last month you shared with the board that you have um I I guess um a fence at your property.

Yes, ma'am.

And there's an aerial that's on the screen.

Uh Cornelius, I'm not sure if you can show it for everyone to see.

If you can, if you wouldn't mind just using the pointer to show us where you plan to have the horses when they're outdoors.

Sure.

Um my vision, y'all have to.

Cornelius, can you just give her hold on Cornelius?

Can you just give her a pointer or okay?

Okay.

Okay.

So that's our roof line.

Um there is a oh, is the area right here is concrete padded.

Um it's already recessed into the ground.

Okay, so the the area that you're seeing is already recessed, it already has drainage.

So for hosing, it's right next to the water access, and it has walls that are built up, and we will put additional fencing there and also a cover with a seven-foot opening.

Because the way our property is built on a hill, we can put that in, and this is recessed to the ground.

We can put the the shed roof at a seven-foot height, and it still would not exceed the height of our fence.

Okay.

So you have the pad and you have the fence, and you're planning to put a covering on the fence to protect against inclement weather.

Yes, ma'am.

So right now it's a concrete pad.

So what we would do is we would put um what you call stall mats to just give some comfort padding, and then I like to put about 10 inches of thick bedding.

It's a little excessive, but it makes the horses comfortable.

It it minimizes well, it eliminates any odors or anything that could be there, and then you just on a daily basis, you clean that area out.

Also, both horses are now trained to use one area of of their current stall.

And so, and that's it's just a gold mine.

It's a horse that does that is worth their weight in gold.

Um, so they're just they're intelligent enough to already understand um, you know, safe elimination.

Okay, so on this pad, you mentioned that it it has drainage.

Um will the horses relieve themselves on this pad.

You mentioned that they're trained currently to uh relieve themselves on one side of the barn or particular area of the barn, but it is the plan to have them do that here, and you know, with the drainage, I'm just trying to figure out how that's going to how that's going to pan out.

Sure.

The me pointing out that there's a drain there just means that for um for regular maintenance when we want to spray it down, just like when we want to power wash our driveway.

Um the convenience of this spot is that there is a drain that's going straight down.

So um it's like not going into the street or not, you know, it's not being run off into any grass or anything.

So, yes, the horses will eliminate again, you'll have the the stall pads, and then you have thick bedding, just similar to a cat that uses a litter box or a dog that eliminates in grass.

Okay, all right.

Um, you stated that the horses may need uh they need hay and grass for food.

Will where will the hay be stored?

And also, do you have sufficient grass in the backyard to allow for grazing?

We do have sufficient yard and the in the back for grazing.

We also have to limit their their grazing time.

Um they will have unlimited access to hay.

We actually have a horse trailer um where we can put our extra hay in store within the horse trailer, and we have extra um we have uh pre-existing sheds on the property as well that could serve for their tax.

So there the there's no further inconvenience of having them there, just a little bit of reorganization.

So you plan to store the hay at your property?

Yes, ma'am.

Is what I'm hearing.

Okay.

Just like we would a 50-pound bag of dog food, just enough for the week, and then uh next door to well, I would say five houses down, there's a 15-acre property ranch, and they have you know, all of these things.

So I mean it's not we live in a working class neighborhood, a rural area.

More of my neighbors have chickens than not.

Um, this is not, you know, it's a very supportive neighborhood.

Um I don't anticipate any issues at all.

Uh again, it's just how my autistic brain works.

Everybody keeps asking me why I'm doing this if there has not been a complaint, and it's just that I understand this to be protocol, so I am following protocol.

Um and speaking of complaints, you mentioned earlier that you're trying to get ahead of any future complaints.

What what would you what would you guess those complaints to be the opposition?

We have we had a neighbor that um was unwell um uh with his mental health and his physical health, he has since passed away.

Um, and may he rest in peace.

Um I did anticipate potentially um a conversation with this neighbor, and um you know, due to circumstances that's um he's no longer I I never had the opportunity to put to present him with this because he's no longer with us.

Okay, but what was his opposition?

Um I offered to cut his grass once and he um responded by calling, saying our grass was too tall, uh, or very manicured, well-maintained lawn.

So it just was um he had a pension for calling code enforcement.

Um it was just he he had focus on neighbors on the other side of him, they moved and so he turned his uh focus towards us.

Okay, so your thought is because he called about grass, he would then call about the animals.

Uh, because he called about balloons floating in the air, he would call about animals.

So, all right, so what what opposition or complaints do you anticipate?

Because you mentioned earlier that you want to get in front of it.

Yeah, I okay.

So what what do you anticipate your neighbors complaining about?

Um I don't future.

I I really do not um you know my my neighbors have chickens uh again it's a working class neighborhood.

This is not a neighborhood where people are are calling code enforcement on each other.

Um I don't anticipate any issues, and that's why we've made the decision to proceed now rather than once we have our land established and our home built.

Okay, because you mentioned at the top of your testimony that you were getting ahead of any future complaints, so I just wanted to I guess again thinking of the neighbor and some of the some of the issues that we've had.

Um and just again, my autistic brain says this is what you do before you you make sort of this kind of a decision, and so that is what I'm doing.

I'm just coming to let you know that this is happening, and um want to get ahead of it and just make sure get ahead of it, meaning if anyone were to ever see or say, then we will all the proper process.

Okay, I understand because it's exhausting.

The process is exhausting, and I don't want to have to do it on the backhand of things once my family has um established a routine.

Sure, okay.

Thank you for that.

I appreciate it.

Um I just have two more questions.

Um you indicated that you'll be using horses for community and school wellness programs, crisis de-escalation visits, sensory friendly visits, um, I'm sorry, events.

How will the animals be transported?

And is a separate vehicle required for that transportation?

I mean, I know uh an equine therapist that throws her mini horse in the back of her Mustang.

So uh we have a horse trailer.

Uh we do have appropriate ways to transport horses when we go to pick them up.

We will use our horse trailer.

We do have horses uh that are not housed on our property.

We have horses that are um are will be in transit, but they will go straight from where they are now from their boarding facility to our 11 acre property.

So that is one thing.

So it's I mean, we're already actively in this process, but these are they're not therapeutic.

All horses for me are therapeutic, but these horses are being trained for a job, and so that is the big difference.

So, but we do have the equipment and capacity to transport these horses in a safe way for them.

Right, and although they're um they're there for a particular job, your application does indicate that you plan to do these things, so I just wanted a little clarification there.

Sure.

I I am a licensed clinical social worker.

I work with underserved populations that often do not have access to therapeutic interventions that many others might.

Um I can't imagine a world where I have such a wonderful resource at my disposal that I wouldn't share if I found it to be um appropriate and impactful for kids.

So that is the long term goal.

Um, but this is not opening the door for people to be coming into our home, to be engaging in services in our neighborhood.

Okay, that is a very long-term goal towards the property that we've got.

11 acres, okay.

Yes, okay.

Thank you for that clarification.

Um, and just finally, my last question.

Um, your letter to the neighbor, the notification letter.

Yes, ma'am.

You state that the initial phase of this endeavor have already brought healing to your home.

Please describe how the animals have brought healing if they're not currently at the home.

Sure.

So we do visits um with them.

Uh and I actually did prepare.

I'm sorry, one moment.

Uh okay.

I did prepare video evidence of that.

Um I have I don't know if you would like to see um at this point.

We're just ask asking and answering questions.

Unfortunately, that should have been shared during your your your testimony at the top of the meeting.

Okay.

Um my son is um, I don't see the outward manifestation of joy on his face um the way that I see it when he engages with these animals.

So even though that right now they are an hour, hour and a half away in Delonaga, it is worth our time and effort to drive to continue to engage with these animals so that he has the opportunity to experience something that he's very good at.

He is uh an animal whisperer and it gives him confidence and um when you are raising a child that is made to feel that he's not adequate and it's not um qualified to be in a lot of spaces when you find something that they excel at, you'll do anything that you can to make sure that they have the ability to engage in that.

Sure, okay, okay, thank you.

Um that was those are all of the questions that I have.

I'll open it up to my colleagues if you guys have anything.

No?

Okay.

All right.

Thank you so much.

I appreciate it.

Thank you.

Okay.

Thank you for joining us today.

And for returning to share additional context.

Last month you you were you guys were troopers, you stayed all the way to the end just to have the uh hearing continue to to today.

So I truly appreciate your efforts and meeting the needs or attempting to meet the needs of your family.

This one is a very interesting one, and I certainly understand the need and the desire and the interest and the benefit and how it can bringed therapy to the residents in the household.

But with that said, I must also determine whether this request can be supported under our zoning code without conflicting with federal laws, such as the Federal Housing Act and the American with Disabilities Act.

And as a note, I'll share that these laws provide for an equal opportunity to housing and protects protects against discrimination of the disabled.

Both laws require reasonable accommodations, but only when the request does not fundamentally alter the program or policy, which is noted in the law.

Currently, our code requires a minimum of two acres for this type of use, and that's what's reflected on the application.

But the subject parcel is just.459 acres, and that's approximately 77% smaller than what is required.

Um last stop.

But okay.

So an example for me would be if there was a request before us to add an ADA ramp, for example, that would be a consideration for an accommodation, not to discriminate against ADA.

But with this case, it's not that it violates ADA or FHA.

Instead, or rather, it reflects our responsibility to apply zoning standards consistently while being mindful of the broader community.

Um I'm glad to learn that um you have a property um that you're currently pursuing.

Um I think that um in to your testimony earlier, it would be more space um for the horses to move around, and it may better accommodate your family.

But with that, um I make a motion, uh, Madam Vice Chair to deny OB39 2025.

Second, any discussion?

None for me.

Call the question.

Motion passes 30 with Commissioner Burrell and Cupid absent.

Okay, last case on the agenda is other business item number 43 of 2025, which is to consider amending the stipulations for Adrian told J Miller uh all miller regarding rezoning application Z47 of 2016.

The property is located on the east side of Ellis Bell and Drive, north of Sage Lake uh Bend, command lab 45 of the 19th district.

Is the applicant present?

The director show the applicant is here.

Is there anyone here opposed other business item number 43?

Okay, one approval one opposed.

Okay, let's direct sure there's one person opposed.

All those who wish to rest aboard, either for or against, please come forward and be sworn in.

Um, I'm Adrian.

This is my husband Todd, and I know that you've just heard a case similar to this, but I hope you'll look at this with fresh eyes because I think we have a slightly different perspective here.

Um, so to give you some background, we moved here in uh February from Alpharetta.

Um my husband works for a Home Depot's headquarters, so we needed to be closer to the office.

So before we moved, we spoke to our builder about putting in a fence, and our builder did give us that approval, but not without speaking with someone from the county first, which was um Mark Anthony or Matt Anthony, who uh is currently site plan review arborist, but I think in the past he's also um worked with the construction teams.

Um so we put this fence in shortly after we moved, and then fast forward to May, um days after I gave birth, uh, we had zoning enforcement show up at our house saying that our fence was um out of code.

So that's uh when we started, you know, of course, doing some digging, we were very confused by this.

Um because our fence actually falls within the disturbed buffer, not the natural undisturbed buffer.

This the placard, as you all saw in the previous case, uh it says undisturbed or natural undisturbed buffer, but it's in the wrong location.

So our property uh was required to have two buffers.

So instead of just a natural undisturbed buffer, there is also for some reason an un a disturbed buffer, and our fence is in the disturbed buffer.

We own the property in the disturbed buffer.

We do not own the undisturbed buffer, and our fence is not in the undisturbed buffer.

So um, anyway, so we've gone kind of back and forth on this a bit, and uh, you know, we would like permission for our fence to be in the property that we own in the disturbed buffer.

Um, as you can see, if we would move our fence forward um outside of the disturbed buffer, um, it would essentially cut the space of our own property, you know, more than in half.

Um, the we had not disturbed any of the trees, any of the plantings, we don't intend to do that.

It's simply just putting a fence there.

Um the reason for this also is precedence.

Um the the communities on Winthrop, um, to my knowledge, there's not the stipulation for any type of buffer.

The power lines uh have been clear, or the where the power lines are which separates our property from their property.

That was cleared by I believe COBA EMC power lines live there, and we've seen on the other side that there actually is a fence.

There's prop they have you know structure that's basically in what our uh natural undisturbed buffer would be, and that's not where our fence is at all.

So that's one of the reasons.

The other reason is privacy.

If we would move our fence forward, it would expose our bedroom window to the woods.

And uh I you know, having a young child for me myself, I don't want that.

Um that view to our woods uh for someone to be able to be in the woods and you know look into our window.

Um yeah, that's uh that's all I got.

Okay, thank you.

You can have a seat.

Is there anyone that would like to speak in opposition?

Sorry.

I just state your name.

I'm I'm sorry, please state.

Karen Dickey.

President of the homeowners association for Winthrop Manor.

My property does not back up to these buffers, but several people could not attend today, and they asked me at the last minute to come and represent them because they had to go out of town or they're in court, and it does break my heart um to hear these the gentleman before and this couple.

It really does.

I hate that they're in that position.

I've seen the the photos, and I feel like talking to the residents of Winthrop Manor, they're afraid that if they let this go, it will set a precedence for everybody else, and we don't know how to stop it.

It should never have gotten this far to begin with, if you know what I mean.

I mean, there were precautions and stipulations, and I don't know what happened.

I really don't.

I don't know how it fell through, but they are adamant about staying within the buffer zone and the stipulations and preventing it from happening again.

So that's my rebuttal, and I like I said, I've got a big heart, so they should not have asked me to represent them because I I have feelings for everybody for every party involved.

But like I said before, I mean, it it was written, and I I don't really know what happened where it fell through the cracks.

Great, and I uh this might not be the time to mention this, but what could we do to prevent this?

Because you know, I look at the builders and I look at the HOA over there at Ellis Farms.

I'm not sure, you know, is there anything that as county commissioners you could help us with?

So this doesn't we don't have to come here again, and no one builds a fence and has to move it.

Is there anything we can do?

So, do you have any other questions?

I'll I will answer your question, but during the public hearing part, okay.

So, if you're done, I will go ahead and ask you to sit down and close the public hearing.

This is within my district.

Um, yes, there are things in place for the developers to clearly understand where they can disturb, where they cannot.

It is also clearly marked on each plater can put things and cannot.

And that again is why the placards were installed as an extra precautionary to in case someone didn't go back to their plat, didn't go back to the site plan, would know you're not supposed to disturb past this point.

That was the whole reason for those placards to be um in place.

I think that was one of the first cases we ever did that in the county because so many people were violating the buffer restrictions that are on there.

So, yes, there are things in place um to help prevent homeowners from getting into this place and position as far as why the developer and then why the HOA said they could do it.

I cannot answer that.

That is a conversation they will need to have with their homeowners group.

John, um, do we have a Matt Anthony?

Yes, uh, Mr.

Anthony does work in the site plan review section of community development.

And did he approve the fence in this specific location?

I'm not aware of that.

You're not aware of that, and there's no documentation from the county saying you can put the fence in this location.

No, no, okay.

I don't have anything.

I guess uh Debbie.

How do we handle this?

Because the the public hearing is already closed.

They did not submit anything for evidence.

I mean, it's at the board's discretion as to whether or not they want to see the the email.

Okay.

I mean, I think we should.

Okay, if you could please approach you can see here how he distinguishes between the two different buffers since our land has an extra buffer.

So if we're looking at that area, this is supposed to be undisturbed.

Okay.

For the record, Matt Anthony said this wouldn't be a problem to install the fence in the 30-foot permanent buffer area, and along the back side, the 30-foot natural maintained buffer has to be maintained so no fence can be installed in this area.

And so their other business item is asking for the fence to be installed in the natural maintained buffer area.

Is that the discovery buffer?

As far as it's currently buffer.

Okay, John.

So in reading this staff allowed the grading to happen in the natural maintained landscape buffer area.

And that was permitted for the zoning conditions.

Was permitted through the zoning conditions.

But that natural maintained landscape buffer was never meant to be installed in a fence, correct?

That's right.

It's just plantings.

Just planting.

It's shown on the GIS photo that's on the screen right now.

Okay.

And John, for the record, can you show us where the 30-foot permanent buffer is on this site, or do you know approximately where it would be?

A CPU, yeah.

If you go to Jas Map, okay.

Do you see where it says the words OB43 R20, September 2025?

Those three rows of plantings is the buffer we're talking about.

The 30-foot land landscape maintained natural buffer.

The 30-foot understroke buffer is to the right of that going towards the power lines.

So that area right there.

Okay.

Is the 30-foot area?

Where's the fence?

So the fence, I'm guessing, is then has been installed behind these three rows of trees?

Correct.

Okay.

Which again, per the stipul the marker that has been placed, actually you can kind of see it if I'm correct, it's right under the P that essentially says that it should not be disturbed beyond this point, correct?

Yeah, well, it just designates the area behind it as a 30-foot maintained natural landscape buffer.

Right.

But that's 6C meet now.

Commissioner Sheffield?

No, I didn't.

Okay.

Okay.

Okay.

Does anybody have any questions?

Any board members have any questions?

So John, with the original stipulations that were done, essentially this either the 30-foot undisturbed or the 30-foot natural.

Correct.

And you know, this side of the subdivision has got two 30-foot buffers.

One's a permanent buffer next to the power lines, and then when they came back in for other business to amend the plan, the board put an additional 30-foot land landscape natural maintained buffer going towards these properties to protect the neighbors in Winthrop Manor.

Okay.

And I'd also like it to be noted that staff had recommended the homeowners to reach out to Winthrop Manor and have discussions, and none of those discussions were had.

Second.

Call the question.

Motion passes 3-0 with Commissioner Burrell and Cupid absent.

And thank you to my fellow board members that adjourns our meeting.