This meeting is being transcribed and summarized.

Good evening.

Welcome.

February nineteenth, two thousand twenty-six Board of Adjustment Meeting.

Can you please call rule?

Yes, sir.

Mr.

Carter?

Here.

Mr.

Jenkins?

Here.

Mr.

Simpson?

Here.

Mr.

Gallo?

Here.

Miss Hudson?

Here.

Mr.

Cusick?

Here.

Thank you.

That's six present.

Thank you.

Six present.

We have a quorum.

Can we introduce your staff, please?

Yes, sir.

Good evening, everyone.

My name is Jamie Fensky.

I'm one of the planners here at Kent County.

To my left, we have Mark Kennedy, our IT for the evening.

And then to the far right, we have our legal counsel, Fred Townsend.

Thank you.

At this time, everyone please stand for the Pledge Allegiance.

Any additions or alterations to the night's agenda?

No, sir.

Thank you.

Public hearing introduction.

All right, so good evening, ladies and gentlemen.

My name is Jamie Fensky, and I'll preside as the hearing officer for tonight's public hearing.

This hearing is being conducted for the purpose of providing the citizens of the county an opportunity to present testimony on these applications before the King County Board of Adjustment.

Everyone will have an opportunity to speak.

Therefore, we ask that only one person speak at a time and that they speak clearly.

Furthermore, there should be no cross-examination of witnesses permitted during the public hearing, but the board can ask the applicant questions after any opposition if necessary.

Copies of any written statements or exhibits used during the hearing should be presented for identification so that they may be included in the permanent record.

However, you are not required to remain after the public hearing once your request has been heard and closed.

During the business meeting, the board will consider all information of record.

A common vote of four members of the board shall be required to make a decision on each application.

If you do not wish to wait for the business meeting later this evening, you may call the Kent County Planning Department tomorrow between 8 a.m.

and 5 p.m.

at 744 2471.

All applicants will receive written notification of the board's decision.

This notice may not be mailed until after the next schedule meeting, but if approved, you are welcome to apply for any necessary permits prior to receiving this by mail.

Please keep the decision in your records for both you and all future property owners.

The public notice of this evening's hearing was published on January 30th, 2026 in the Delaware State News.

In addition, all of the subject properties were posted with a sign prior to the hearing to further notify the public of the nature of the applications.

Thank you.

Thank you, Jamie.

At this time, we'll have a statement by counsel, Mr.

Townsend.

Thank you.

The standard applied to area variances considers whether a literal interpretation of zoning regulations results in exceptional practical difficulties of ownership.

And to make that determination, the board must weigh the following four factors.

First, the nature of the zone where the property lies.

Second, the character and uses of the immediate vicinity.

Third, whether removal of the restriction on the applicant's property would seriously affect neighboring properties.

And finally, fourth, whether failure to remove the restrictions would create an exceptional practical difficulty for the owner in relation to the owner's efforts to make normal improvements to the property.

This factor is satisfied only when difficulties alleged by the owner are practical difficulties rather than theoretical ones, and exceptional rather than routine difficulties.

And here it's where the board considers whether the applicant is seeking more than is minimally necessary to relieve the asserted difficulty.

In general, the board's not permitted to consider factors other than the four that I've listed.

So those speaking both in support of and in opposition to applications are urged to present only information bearing directly on those four factors, which restated briefly are one, the zoning district, two, the character of the immediate vicinity, third, the effect on neighboring properties, and fourth, whether the applicant faces exceptional practical difficulties of ownership.

In particular, presenters are instructed to exclude from the presentations any discussion of personal disputes or acrimony between the applicant and neighboring properties.

As the board is unable and unauthorized to resolve those disputes.

Presenters must limit their remarks to those issues the board can decide.

That concludes my statement.

Thank you.

At this time we'll begin public hearing starting with application A2603 Sunrise Solar.

Thank you.

Is there someone present for this application?

Thank you.

All right.

So first up, we have application A2603 for Sunrise Solar.

Property owner is Dwight and Janie Meyer.

Present zoning district is AC.

Proposed variance is variants from the requirement that a minimum six-foot high four season visual barrier be established for the construction of a community energy generating facility.

Present use is residential.

Proposed use the same with the solar facility.

Levy Court District 4th for Mr.

Scott.

Located on the east side of Woodley Town Road, approximately 275 feet south of Briar Bush, west of Magnolia.

So here you will see the area of 665 feet that they are looking to remove.

So that would be the rear buffer area.

It's kind of the southeast portion of the property.

So they are still proposing new landscape to go along the left side around all the other borders and keeping the existing landscape to the east.

You're just looking at having that variance from the back.

This is looking at the property from Woodley Town Road.

This is back towards Briar Bush.

In the other direction, again, this is at the entrance.

Back towards the property.

Back here towards this back line is the area that they are seeking the variance.

And the farther up.

There was also a letter in favor that came in yesterday.

Did everybody receive that Naval Toureen?

Okay, perfect.

So, sir, if you would like to come forward, you can state your name and address and allow our attorney to swear you in.

I'm the COO at Sunrise Solar, and my address is 738 Cleaver Farm Road, Middletown Delaware.

Sir, do you solemnly swear or affirm the testimony you give in this proceeding will be the truth, the whole truth, and nothing but the truth?

I do.

You may proceed.

The variance we're requesting is actually not on behalf of the property owner, but it is on behalf of Irish Hill LLC, which is the property directly to the south.

They have an agricultural air strip.

And that's what the variance request is.

The neighbors feel that the six-foot tree requirement is could be a potential hindrance in the future.

We're not requesting to remove the trees from the visual portion.

You guys saw those photos from the road solar system will be um covered by those trees.

But it is the um agricultural air strip to the south that uh the neighbors were concerned about.

Um the original owner of the property um is no longer with us.

He deceased um about two months ago.

Um, but it is on behalf of his two daughters, um Heather and Heidi, that were um requesting this variance.

Do you guys have any questions for me about this?

How far along is the project at this point?

Um the project is roughly at about 70% completion.

Um physical construction is close, but we're still probably about 10 months from um operational proceedings.

The original plan had included this uh vegetative barrier and your requesting the variance on behalf of the neighbor who expressed concerns.

Correct.

Thank you.

Any other questions?

Well, sir, I mean, could you explain I I know it's you're saying it's not your concern, but could you tell us a little bit about why it is the neighbor uh feels that that um that those plantings would impact their property?

Or use or their use of their property?

So if they're if you're approaching the runway um from the Myers property, that's their approach to landing.

Um those six-foot trees they feel like was gonna obscure the front end of the runway, um, which would be the south side of the Myers property, and that's why they were asking us if we or they asked the white, the owner of the property, if we, the solar company would be willing to remove those trees.

So they're not planted yet.

Correct.

They are not planted yet.

When you say six foot trees, you're you're not talking about the depth of the trees, you're talking about the height of the height, correct.

So the trees as if they have been planted wouldn't be expected to exceed six feet in height.

Some of them will be taller than six foot.

Six foot is just a general average.

I believe that's a minimum requirement.

Can you point to the I think you could actually put your finger on the screen next to you and show us where where the um landing strip is if you know?

So the landing strip is um the pink arrow there.

That's the approach for the landing strip.

So the trees is um would be directly adjacent to the yellow line there, and that was the request was on the approach, they feel like visualizing the runway was obstructed.

I mean, that appears to be obvious, but I wanted something in the record uh from you.

Thank you.

And our one of the reasons for us requesting this is we feel like um this is in a non-visual portion with the neighbors um approaching us about it.

That's where this comes from.

Will there be a fence on the rear of the property?

Correct.

If you um if you go by the site, the site's already fenced.

And how tall is that fence?

That fence is um right about six feet.

It's a chain link fence, so it's you can see through it.

And about how far off the property line is the fence?

Ooh, off the top of my head, I don't have that data.

Roughly.

Roughly, I'm gonna say it's 50 to 60 feet off the property line.

Okay.

Whatever the setback requirement was that I I don't know.

It's roughly 60 feet.

Thank you.

Any other questions from the board?

Nope.

Good.

Thank you.

All right, thank you guys.

Is there anyone else that would like to speak in favor of this application?

This is Jeff Corman.

I'm online.

Okay.

If you can go ahead and state your name and address and allow our attorney to swear you in, please.

Sure, thank you.

Uh Jeff Corman, 5121 Mills Road, Milford, Delaware, 1996.

Mr.

Corman.

Do you solemnly swear or affirm the testimony you give in this proceeding will be the truth, the whole truth and nothing but the truth?

I do, sir.

Okay, you can continue.

Thank you.

Um we are the ag operator that rents the Johnson's airstrip uh since Al's operation is no longer there.

And uh having these trees there would be uh I mean it would end our operation there because you just can't have trees on the end of a runway.

Uh now we're taking uh taking off with a heavy loaded airplane.

Um a lot of times we take off to the to the north um the other direction, south southeast.

Um east.

So we use that that direction a lot, taking off out of there and landing.

And uh you're right, it's about 50 or 60, as the man said the the fence and all that's 50 or 60 feet back.

It's not really a factor.

Do I wish it was still a farm field?

Yes, but it's not.

Um but the trees would just be a big detriment.

Good.

Thank you, Jeff, for that information.

Any questions from the board for Jeff?

Sir, have you ever flown out of the Chezweld airport?

I have not frequently.

We don't work out of there uh for the ag planes, but uh I have been in there as a in my passenger airplane.

It's not much fun dealing with those trees there, is it?

No.

No, it's not.

No, it's not, and it's a lot better than it used to be.

At our airport, we have Corman Airport there on the southwest uh part of the county, and we just cut down all the trees on the north end of the uh runway.

Uh trees and airplanes just do not mix for obvious reasons.

All right, very good.

Thank you, Jeff.

I don't think I'll see any more other questions for you.

I appreciate it.

Thank you.

Thank you.

Is there anyone else that would like to speak in favor of this application?

Is there anyone who would like to speak in opposition of this application?

If there's anyone joining us online that would like to speak in opposition to this application, please indicate by raising electronic hand or pressing star three if you're joining us by phone.

No hands raised online.

Thank you.

Seeing no one, we will close the application for the app the public hearing for application A-26-03 for Sunrise Solar.

Next up, we have application A-2604.

Is there someone present to speak on behalf of that application?

Thank you.

So the applicant is Myers RV Centers LLC.

There are two property owners.

We've got FJ Webb Family LP and Little Bit of Luck Land Management LLC.

The present zoning of all three parcels is BG.

Proposed variance is a variance from the requirement that the operation of a motor vehicle sales use be at least 20 feet from any adjacent property line to enable the operation of an RV sales business.

Present use is RV sales.

Proposed is the same.

Levy Court District 4th for Mr.

Scott.

Located on the east side of the intersection of Bay Road and Old Cemetery Road, north of Milford.

Here you will see the requested plot that they are seeking with the requested parking.

The area in red is staff's recommendation of denial.

So that is the 20-foot rear setback and the 20-foot southern and northern most side property lines.

Staff has recommended a cross-access easement and be recorded prior to the issuance of the certificate of use.

So that would be for the areas in green.

Again, these properties are owned.

There's three properties in total.

So staff's recommendation is to record the cross access easement amongst the two property owners, allowing them to basically go ahead and park in this green area.

But again, staff's recommendation is to deny the area in red.

And they would be meeting, they are, excuse me, they are meeting the front setback.

So this is looking at the front building.

This is looking down the highway.

Since this picture was taken, the applicants have relocated all of these units to meet the front setback.

So they are now pushed back.

Looking north on the highway.

This is one of the internal areas that we would recommend the cross access agreement.

Again, looking down south.

This is at the rear property line.

Looking north on the rear property line.

The front.

I do.

So the red, the areas in the red, they are recommending that that gets denied.

And the areas in the green are approved?

Yes, the areas in green are staff's recommendation of approval with the condition that a cross access agreement be recorded.

Okay.

So I mean, basically to conduct business on a day-to-day, we we need the full area to be able to operate as a RV dealership just because you know having X amount of RVs on there.

Um it's not like it's once you park it, it's not moving, so there's no real hindrance to anything to have that setback in the back when it's a cornfield.

So not much other than we just want to continue to do business down there and be a contributing member.

Is there any questions for me?

I have a question.

When you park your RVs, are they permanently there, or can you still move them if need needed to be moved?

Absolutely move them.

Yeah.

My other question would be um, how long have you guys been selling RVs on this parcel for?

So we took over the property about a little less than a year ago.

I would say right around a year ago.

And then prior to that, there was a establishment hitch RV, who was there, I would say eight, ten, ten years ago, ten, twelve.

If you ever take a decade plus.

And and to the best of your knowledge, in the last 10, 12 years that they have operated there.

Has there ever been any complaints from the neighboring properties about the RVs being too close?

No, we have a good relationship with the auto body uh shop next door, and I think the other properties actually uh we don't use the full property, I believe, on Frank's side, but I mean there's just some storage units there.

So to the left or the northbound, the north side, that's not really the much of the concern.

It would be the southern or the uh back side of the property and the the uh south side.

So to give you an idea right here, and right here over here, we don't really use this property.

That's you know, he still maintains control of that.

And there's a septic right here, so the 20-foot setback doesn't really hinder us as much, but along the property, it's just parked RVs all the way along the bottom, and then not so much here, not as much, but do you currently have a fence that runs the back portion and the side closest to the um the auto body shop?

Um there is a fence right here that's on the auto body.

It's it lines up right there and stops right about there, and then there is a portion fence, and then some of it's open to the field behind us.

Jamie, is the parcel to the north of them that's residential, right?

Where all those um cat houses looking shed things?

I believe.

Give me just a moment.

I can see if I can see it.

It's sheds.

I believe it's commercial.

Yeah, I do believe it is commercial, but I want to verify.

But it is just a vacant lot.

But this person put sheds there.

Yeah, like I said, the the a 20-foot boundary on that side is not really going to affect us because there's a septic and we don't even that property right there wouldn't really have much to do with it's more towards the back side of the property and the southern side.

That parcel to the north there where the sheds are, that is zoned BG.

Yes, which is commercial.

I'm sorry.

Yes.

Can you just touch bait touch base on like the financial impact um to lose that row of RV parking on that rear property?

Yeah, so it would limit us to amount the amount of RVs we can have there, which would in turn our turns on our units, that would affect our staffing level and our ability to be profitable to maintain a business.

Less RVs, less sales.

And you would say when people come to look at your RVs, they're looking, they want to see more, they don't want to see just two or three, correct?

Yeah, so the more the more variety or the more options we can give a customer coming into our area is better, you know, it's better for the customer because then they can make a decision, which means then we can obviously sell the camper and service it and maintain a relationship with them and you know, bring them into our ecosystem of camp or camping world.

And if there were ever something that were to go behind into the cord field, these could always just be pulled up the five foot, 10 foot if something like a cobine had to get back there or something code.

100%.

Okay.

Yeah, we we we consider ourselves good neighbors.

I hope we are, you know.

Um but yeah, if something were to come up behind there that wasn't a field and you know, some like a development or something wound up getting put there, we can we can pull them up.

It wouldn't be as bad.

But setting 20 feet is a little little tough.

Can you pull up that site plan?

Sir, can you can you um clarify which of the two owners owns the single lot?

So this is a little bit of luck, which is uh two individuals, Tim Waters and Donald Levesque.

Um I would be lying if I knew the middle one.

I it might think it might be Frank Webb, but either way, I know Frank owns this one.

So the web the Webb family.

Frank, are you the middle one too?

Are you the middle one as well?

Or is that um the middle portion right here?

The middle parcel is owned by a little bit of luck also.

Okay, sorry.

So it would be Tim and Donna to own that too as well.

And the the property behind you is web web owned.

Owned by the website.

Mm-hmm.

It's Mr.

Webbs as well.

Um you indicated that 20 feet is creates a difficulty for you, but is there some is there some distance that um alleviates that difficulty?

I wasn't prepared for that one, but um really we would like to see the full I mean obviously parking a camper, if you said five feet, okay, we can make that work.

You know, once we get past that, then it turns into um just excess of just open space there to just necessarily wouldn't have to be there.

So it sounds like your difficulty is that you want to have you know the maximum number of campers on your site that you can fit on the site.

So are they how do you have a duplication of a lot of them?

I mean, do you have a lot of the same styles and models or are they all different?

We do.

We have an overflow area that we actually put the duplicate models in already that condenses them down so that we can have a more of a variety that's available to show.

I mean, it's not long-term storage that you're engaged in.

No, no, not at this particular location, not enough room.

No storage at all, actually, except maybe for like someone buys it and then a week later they need to pick it up.

That would be the a short-term you know agreement that so on average you're moving those campers relatively quickly after they enter the city.

Once we consummate a deal, if it's about, you know, say it's a Wednesday and they want to come in Saturday or something, yeah.

So it's relatively quick turn.

But you're moving units like in decent numbers, I guess.

I mean, can you give us an idea of how many of these campers that are on your site are are taken off site during the course of a month?

Uh month, I could tell you yearly.

I mean, our projections are anywhere from three to four fifty this year, and I mean we can house about 150, 170, that's where it gets well, 150 is about tight.

So 300 to 450 in a year?

Is that 400?

That would be a good number.

Okay.

Because you said three.

I said 350 to 450, but we'll just use the middle number.

All right.

Yeah.

And how many do you have on the on your site at any given time?

Well, with service maybe about anywhere from 130 to 150, give or take.

Have you investigated what a um cross access easement means for you?

Have you talked to anybody about that?

Can you clarify it a little bit?

So the the green areas uh the staff is recommending that because these are these are property lines and areas adjacent to the property lines that you'd be required to uh record a cross access easement for each of those two areas.

Because there's I guess there's a difference in ownership.

Yeah, and we were looking to actually not have to do those, I thought that's what I thought our application was for.

So we didn't have to have you know there'll still be zero foot setback, but the county wants to see a cross easement um agreement, which is really just signatures of all the parties involved.

Just say that we don't need to have the 20 foot by 20 foot.

Yeah, which makes sense for a property like that that's considered like a one-hole, not considered, but the our business would be one hole between all three properties.

You have two different leases?

Correct.

One between a little bit of luck, uh the uh Tim and Donna orders, and the one with Mr.

Webb.

Any other questions?

I think we're good.

Thank you.

Good.

Thank you very much.

Appreciate the time.

Is there anyone else that would like to speak in favor of this application?

Please come forward, state your name and address and allow our attorney to swear you in.

Good evening.

I'm Francis J.

Webb.

1744, South Bowers Road, Milford, Delaware.

Ms.

Mr.

Webb, do you solemnly swear or affirm the testimony you give in this proceeding will be the truth, the whole truth and nothing but the truth?

I do.

I'm a farmer.

Um I've owned this property, the north section, uh, of roughly 20 years.

It has been used for RV sales and service for roughly 15 to 16 years.

My property is fully fenced as approved by the county shortly after improving and remodeling the building and the property.

The fence is a foot off of the line, as the original fence pattern was for roughly a hundred years.

So in the 15, 16 years that this property has been used for, and I had um I'm not sure the term is accurate, but a conditional use or the requirement for RV sales there in the original leasing to uh hitch RV, Tim Waters, and just roughly a year or so ago, uh Tim decided to retire out of the RV business.

And we both uh made uh agreements with camping world to come in and utilize this property for the same use that it has been used for for roughly 15, 15 and a half years.

So I don't know if it's proper to ask uh what the purpose of this requirement is.

I mean, I would like to know if somebody knows.

Jamie what what made this come about?

Um it would go back to the visual and sound buffer.

So because this requirement is for motor vehicles, sales, storage, use, repair, all of that.

While this is just for parking, the use is a whole.

Um they may not be making a whole lot of noise.

They make they may make good neighbors, but we all know sometimes motor vehicle repair could be soundly or not the most visually pleasant.

So we tried to make that a buffer so that's not a negative on the neighbors.

So there were there any complaints or why why did it come up now?

Uh there was not approval before.

These folks have come through and they have asked for a certificate of use to get approval from us.

So they are going not putting fingers towards anyone, uh, but they are going about it the right way, and they are asking for the certificate of use now.

And with that, we have to make sure that they're meeting all of the conditions.

Got it.

Thank you.

I'm a little hard hearing.

I she speaks very softly, and I expect that from a lady, but um I guess it's a basically a safety issue.

Is that what you just explained?

I think it's mostly about appearance, mr.

Webb.

It's about the appearance of the use that's adjacent to your property that the app that vehicles not be parked right up against your property line, that they'd be required to be some distance away from the property line, and that's for your benefit.

Does this just deal with RVs or automobiles involved, storage sheds?

The code would apply to vehicles.

And there are separate setbacks for other structures, but we're just talking about vehicles right now.

So did did you indicate that there's you have a fence along the your border of the farm and the property to the north?

And it runs the entire there's the fence.

It runs the entire distance of your shared banner.

Okay.

But it doesn't run all the way to the end of the properties that's total here.

No, the It does not.

Okay.

So it's in most instances, uh my experience being around there, uh they're pretty much they're not parked right on the line anyway.

Of course, there's no one back there to see it.

Uh it's not a safety thing.

Um Tim Waters, the owner.

So we try to do keep the place very neat.

Uh it's it's been in existence and use for quite a long time now.

It never became a problem until apparently now.

So I'll entertain any questions.

Uh if you have any, I'll be happy to try to answer them.

So, Mr.

Webb, as far as you're concerned, you would not care if they were butted right up to your property line.

I'm not what, sir.

As as far as you're concerned, you don't care if the campers or RVs are butted right up to your property line.

No, absolutely not.

I just hope that when they back them in, they don't back in and tear my fence up.

So that's the only issue that that I have.

But I didn't I didn't have to fence my property in.

Uh I just really thought with the aesthetics of uh campers being there, and it would just make the whole operation uh just a little bit more quality and and uh there's no you know, when you're running a business with items that big, you can't always keep every little thing.

It's not like a used car lot that every car's washed and polished and put in, you know, there's there's certain things different size campers and you know it it's not quite as nice appearing as a as a newer used car lot.

So I just thought the fencing cost me 12,000.

And believe me, I didn't want to spend that money just for nothing.

So I I've gone the extra mile, I think, to bring to the county a a nice appearing and uh a prosperous business, hopefully, props.

So in so in no way these this RV lot has ever been a hindrance on your farming operation?

You're asking.

Say that again, please.

The the RV lot has never been a hindrance on your farming operation.

Oh no.

No, absolutely not.

That's not a problem at all.

No.

And there's no I mean, my immediate family, my brother who just deceased not long ago now.

His wife uh is a part of the ownership, so uh from that side of it, there's certainly no issue.

Any other questions?

Good.

Thank you, Mr.

Webb.

Okay.

Thank you very much.

I appreciate it.

Is there anyone else that would like to speak in favor of this application?

Please state your name and address and allow our attorney to swear you in.

Gary Hosking.

Gary Hoskin, uh 101 Cedric Drive, Magnolia, Delaware.

Sir, do you solemnly swear or affirm the testimony you give in this proceeding will be the truth, the whole truth and nothing but the truth?

Yes.

You could pull that mic up too if you would like.

So I'm the general manager of the uh of the business that's at the property.

Uh just to clarify uh one thing, the the north side of the property, which is Mr.

Webb's property.

The fence uh goes along the, I guess the You can point on that monitor there if you touch it.

So right along here, uh Mr.

Webb has the fence.

And then the other part of the property, which be which would be a little bit of luck uh along here, which does not have a fence to between the farm and the dealership.

We keep the we basically go along as if that fence was continuing down and we keep the units in line as if that fence kept going in in a straight line.

So we don't go past that fence line.

Uh and then as you get towards this portion over here, uh there is another fence where uh right by one stop and it kind of lines up with the fence along Mr.

Webb's property, and we keep all the RVs inside of that.

Now there has been on occasion where they're doing farming and they're gonna be close to the RVs, and they let us know that.

So what we do is we'll pull them in at that time a little bit further so that their dust or or whatever they're causing to come up doesn't hit the back of our RVs, and they're letting that not that we're in their way.

They're just letting us know, hey, you may want to move stuff back because we're gonna be with the combine or whatever, cloak getting close to where we're gonna be spraying stuff onto your equipment.

So we thank them and we'll pull them in for a while, and then they let us know when they're done.

So it's it's it's a good relationship between the the property owners and us, and it's actually, you know, obviously Mr.

Webb's family's property.

Uh and we have no problem with uh one-stop auto, which is I mean, all of us get our cars repaired there.

So um and they they butt their cars right up to the back of our uh RV, so we you know we work well together there as well.

So there's never been any issues.

Um I've been there since 2021.

So I just wanted to add that as far as the that that back portion of the lot along the uh along the farm.

Did anybody have any questions?

Any questions from the board?

Nope.

Good.

Thank you.

All right.

Thank you.

Is there anyone else that would like to speak in favor of this application?

If there's anyone joining us online that would like to speak in favor of A2604, please indicate by raising electronic hand.

No hands raised online.

Thank you.

Is there anyone that would like to speak in opposition of this application?

Similarly, if you're online and would like to speak in opposition to this application, please indicate by raising electronic hand.

Still no hands raised online.

Thank you.

Seeing no one, we will go ahead and close the public hearing for application A-26-04 for Myers RV Centers LLC.

Thank you.

With that, the uh public hearing is closed.

Do we need a break or just keep rolling?

Good.

Keep rolling.

All right.

Business meeting.

Well, call roll, please.

Yes, sir.

Mr.

Simpson.

Here.

Mr.

Gallo?

Here.

Mr.

Jenkins?

Here.

Mr.

Carter?

Here.

Ms.

Hudson?

Here.

Mr.

Cusick?

Here.

Thank you.

That's six still present.

Thank you.

First up is the approval of the business meetings from the January 22nd, 2026 meeting.

I'll make a motion that we approve A2601.

Second.

Eight of minutes.

I jump the gun.

I make a motion that we approve the meeting minutes from January 22nd, 2026.

Second.

Got a motion and a second all in favor.

Aye.

Aye.

Notice the decision.

I will now make a motion to approve A2601.

Second.

Got motion and second all in favor.

Aye.

Aye.

No old business.

We'll uh go to new business.

Thank you.

So first up, we have application A-26-03.

This is for Sunrise Solar.

Again, they are seeking a variance from the requirement that a minimum six-foot high four season visual barrier be established for the construction of a community energy generating facility.

They are looking for that rear portion of the property.

Um approximately 665 feet there in the rear.

Discussion or motion from the board.

Okay.

Well, I'll make a motion for A2603.

I vote to approve the variance to remove the four season visual barrier off of the rear property line, roughly 665 feet based off the staff recommendation and the public testimony that we heard tonight.

Got a motion and a second.

Thank you, Mr.

Jenkins.

I'll vote in support of the motion for application A 2603, based upon the testimony tonight in terms of the safety, the obvious safety of allowing the barrier.

Thank you, Mr.

Gallow.

I'm going to vote in favor of the motion as the request of the variance is actually trying to maintain the character of the immediate vicinity.

Thank you, sir.

Mr.

Simpson.

I vote in favor of the motion based off the staff report and the safety issues that could arise.

Thank you.

Mr.

Carter?

I vote in favor of the motion based on the staff recommendation and testimony tonight.

Thank you.

Ms.

Hudson?

I vote in favor per my motion.

Thank you.

And Mr.

Cusick.

I vote in favor for the staff recommendation.

Thank you.

That's six in favor of the motion.

Six in favor, application A26-03 is approved.

Thank you.

Next step.

We have application A-2604 from Myers RV centers.

Again, they are seeking a variance from the requirement that the operation operation of a motor vehicle sales use be at least 20 feet from any adjacent property line to enable the operation of an RV sales business.

Discussion or motion.

Well, I do want to talk a little bit about this piece of property, how the RVs have been there for 16 years, and we really haven't ever had any issue.

And they are mobile, so if there were an issue to arise, they could just move them.

So it's not a permanent structure.

And we also have two variances with this cause.

Are we going to do vote one?

Or are we going to break it down into one and two?

So any discussion about how far away from the property line anybody feels.

I know the applicant said that he could be okay with a five-foot setback.

So that would put us along the same stuff as our kit hummock cases.

So I don't want to dismiss that setback.

Owners change, neighbors change.

But the side ones might want to consider leaving as is.

Yeah, I would like the the rear setback there.

I would like to maybe do five feet.

Just my thoughts there.

Just to give something in case for future um future down the road, if anything happens to that the farm property, that there is some setback there other than zero feet.

Like so it doesn't give so in the future if it was sold to somebody else, we're not running into a problem of too close to property line, but if it's a conditional use where they're approved to keep RVs five foot from the property line, would that be able?

Could we do a commercial or conditional use?

I'm gonna pass that to Mr.

Townsend.

So I think the provision that they're seeking relief from is specific to automobile or vehicles that include campers.

So in that sense, it is kind of tailored to their particular use.

So this wouldn't have any effect on a setback that would be applicable to a structure that would go back there.

So even if you grant this variance, they would still be restricted by whatever uh setbacks applied to other things such as structures, correct?

So that is correct.

So it's a good thought, it's a good thought, but I think because this is an unusual provision, a 20-foot um buffer.

Um you probably don't need to tailor it to uh vehicles.

I I do recommend that you that you um address the application through two different motions.

I'll address any other discussions.

Well, I'll hit the first one.

So for A2601, the first is the conditional.

Sorry, that's application A twenty-six oh four.

Yeah, A twenty six oh four for the section one, the conditional approval of a variance from the twenty-foot side setbacks of the shared property lines of parcel 46, 48, 48, and 49 to allow for parking to cross the property lines as shown in exit B and green, with a condition that a cross access agreement be recorded recorded prior to the adjunct of a certificate of use.

I do that based off the staff recommendation and the public testimony that we heard tonight.

I'll second that.

Got a motion a second for the conditional approval.

Thank you, Mr.

Carter.

I'm sorry, can I ask a question?

So the this motion would deal this motion would deal with everything, then wouldn't it?

No, sir.

She's doing it just for the middle portions there.

All right.

I'd vote in favor of the motion based on the testimony that I think Thank you, Mr.

Jenkins.

I voted in support of the motion for a 2604 based upon the conditions set forth by the staff.

Thank you.

Mr.

Simpson?

A vote in support based on the staff recommendation.

Thank you, Mr.

Gallo.

I vote in favor of the motion.

I believe that failure to grant that waiver will uh impinge on their uh ability to compete.

Thank you.

Ms.

Hudson?

I vote in favor per my motion.

Thank you.

And Mr.

Cusick?

I vote in favor of the motion.

Um I don't think we'll have any imp impact on the properties and uh the hardship there.

Um not be able to be able to consolidate the lots on being different owners.

Thank you.

So for that portion of the motion, we have six in favor.

I feel a five-foot setback would be enough.

Uh the applicant said he could work with a five-foot setback.

He's still able to keep the same amount of the RVs that they've been selling there for the last 16 years.

I don't I feel like a 20-foot setback would just hinder the business from trying to use the current space as is versus trying to leave and go find something else.

So I think it would be a financial hardship on the applicant if we were to stick to a 20-foot setback, especially since like the neighbor is here saying it doesn't bother him.

It's been like that for 20 years, 16 years, and they are mobile where they can just move them.

It's not like your current grant concrete in.

I think in addition to that, it's been great to hear the relationship that they have between each other as well to make the business successful and conducive for each other.

Is the motion for a five-foot boundary around the entire house?

All right for A twenty six oh four section two I make I vote to make a variance of a five foot rear setback along the rear property lines the northern side property line of a parcel 46 and southern side property line of parcel 49 to allow for a five foot operational setback as shown in exit B.

Is that correct Jamie for your um for the operational setback?

I don't know that we want to say exhibit B just because exhibit B showing the red okay but I think you said it right B.

Okay.

And I make that based off the public testimony we heard tonight.

I believe there is an exceptional practical practical difficulty on the owners by trying to stay operational in the lot that they have I like the idea that they're trying to use every inch that they have and versus trying to go find someplace else I rather see a proper property be used than left vacant and I believe there is an exceptional practical difficulty and it's very unique being that the neighbor is in green with it and there's no fall out a motion and a second thank you Mr Jenkins I vote in support of the motion for application A twenty six oh four I think we're making an effort to provide reasonable relief to uh continue the success of this business thank you Mr Simpson I vote in support based on the public's testimony and the good relationship that they have I think five foot is a good compromise for them to be able to expand their business and use just about every inch of their property thank you Mr Gallow I vote in favor of the motion um believe the applicant demonstrated exceptional practical difficulty in uh remaining competitive in using the area in question thank you Mr Carter I vote in favor of the motion based on the discussion and testimony tonight.

Thank you Ms.

Hudson vote in favor for my motion thank you and Mr Cusick I vote in favor of the motion um it's not impacting the neighboring properties as it's been occup occupied this way for sixteen plus years without any uh complaints and then the obvious hardship there um for this uh business to stay competitive thank you that's six in favor of the motion thank you with six in favor application a twenty six oh four is approved I'll make a motion to adjourn all in favor?

Aye is not a little bit more than a lot of things that I think that