Sep 01, 2026 Board of Zoning Appeals

Martinsburg, WV · · More Martinsburg, WV meetings · More West Virginia meetings

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Agenda

[0:00] 1. CALL TO ORDER
[0:21] 3. APPROVAL OF MEETING MINUTES
[0:51] 5. NEW BUSINESS/PUBLIC HEARINGS

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[0:02] OKAY, IT'S SIX 30, SO WE'RE GONNA CALL THE MEETING TO ORDER. CAN I GET A ROLL CALL, PLEASE? MARY DOLIA. PRESENT. CARTER WALBURN. PRESENT. BRENDA CASABONA. HERE. MONIQUE BOOTS PRESENT. ANDREA LANSDOWN. CHRISTINA BRINER. KEN SAYER HERE. ALL RIGHT. FIRST THING ON THE AGENDA IS APPROVAL OF THE MEETING MINUTES FOR AUGUST 4TH, 2026. EVERYBODY WOULD'VE RECEIVED THAT IN A READ AHEAD. DID EVERYBODY HAVE A CHANCE TO LOOK OVER IT? DO YOU HAVE ANY QUESTIONS? NO. THEN I'LL ENTERTAIN A MOTION TO APPROVE. I MOVE TO APPROVE THE AUGUST 4TH, 2026. UH, MEETING. MINUTES. SECOND. OKAY. GOT A MOTION? AND SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. AYE. AYE. ALL OPPOSED? MOTION CARRIES. THERE IS NO UNFINISHED BUSINESS. SO THE FIRST THING ON THE AGENDA IS NEW BUSINESS. AND I WILL RECUSE MYSELF AND MONIQUE WILL TAKE OVER FOR THIS CASE. AND I'LL STEP OUTSIDE. LET ME KNOW WHEN I CAN COME BACK IN THE, YOU GOTTA HAVE THAT, YEAH. OKAY. MM-HMM . ARE WE READY? YEP. OKAY. SO THE FIRST ITEM ON THE AGENDA IS FOR A PROPERTY LOCATED AT 3 51 NORTH MAPLE AVENUE. THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE TABLE 4.01 TO ALLOW FOR HONEYBEE KEEPING IN MU C3. THE APPELLANT IS DAN DIER, CAPITAL ACQUISITIONS LLC. WILL THE APPELLANT PLEASE COME TO THE PODIUM? STATE YOUR NAME AND ADDRESS FOR THE RECORD. MADAM CHAIRWOMAN. IT, IT'S MY UNDERSTANDING THAT THE APPELLANT HAS INDICATED THAT THEY'RE NOT COMING TO THE MEETING TONIGHT. UH, I'M NOT REALLY SURE WHY THEY'RE NOT COMING TO THE MEETING. I THINK THEY CALLED, UH, THEY CALLED YOU RILEY OR KAITLYN. WHO DID THEY CALL TO SAY THEY WEREN'T COMING? YEAH. AND SO THIS ONE'S A LITTLE BIT DIFFERENT THAN MOST OF THE TIMES WHEN WE HAVE AN APPELLANT THAT DOESN'T SHOW UP. TYPICALLY THESE ARE ITEMS THAT ARE FOR PROSPECTIVE USES AND THE DELAY THEN JUST CREATES A PROBLEM FOR THE APPLICANT. BUT IN THIS CASE, IT'S MY UNDERSTANDING THAT THE BEES WERE PLACED ON THE PROPERTY PRIOR TO EVEN MAKING APPLICATION. THEY HAD SPOKEN WITH THE CITY MANAGER AND HAD MADE APPLICATION ALMOST IMMEDIATELY, I GUESS IS WHAT ANDY SAID. AND THEY WERE GOING TO MAKE APPLICATION FOR THE SPECIAL EXCEPTION. HOWEVER, THEY HAVE DECIDED NOT TO SHOW TONIGHT. UH, I THINK IT'S UP TO THE BOARD TO DO WHAT THEY WANT TO DO. THEY CAN TAKE IT UP. I KNOW, KNOW THAT THERE'S A LOT OF PEOPLE HERE THAT ARE WANTING TO SPEAK ON IT, ALLOW FOR THE SPEAKING, AND THEN MAKE A DETERMINATION. I THINK THAT THAT DETERMINATION WOULD BE AWFULLY DIFFICULT FOR THEM TO SUSTAIN THEIR BURDEN OR THE BOARD COULD THEN, I THINK WE SHOULD LET PEOPLE TALK, BUT THEN THE BOARD CAN THEN TABLE IT, UH, ONE OR THE OTHER. BUT THAT'S REALLY UP A BOARD DECISION. BUT THEY HAD PLENTY OF NOTICE OF THE MEETING AND CHOSE NOT TO SHOW. I'D SAY WE JUST LET THE PEOPLE SPEAK AND WE MAKE A DECISION. THEY KNEW WE WERE GONNA BE HERE. MY RECOMMENDATION WAS GOING TO BE TO ALLOW FOR THE PUBLIC HEARING SO THAT THE PEOPLE THAT ARE HERE IN THE GALLERY CAN SPEAK. UM, I WOULD'VE THEN RECOMMENDED TO CLOSE THAT PUBLIC HEARING AND THEN, UM, TABLE THE VOTE UNTIL OUR NEXT MEETING OR TABLE IT UNTIL, BUT ALLOW FOR THE PUBLIC HEARING. WHY WOULD WE TABLE IT IF ALL THESE PEOPLE WERE HERE TO, TO HEAR THE RESULTS AND WHAT'S GONNA HAPPEN? I'M NOT OPPOSED ONE WAY OR THE OTHER. I JUST STATED WHAT MY RECOMMENDATION WOULD BE THAT WE WERE GONNA DISCUSS. YEAH, NO, IT'S JUST RECOMMENDATIONS. WE'LL HAVE THE PUBLIC HEARING AND THEN MY RECOMMENDATION IS THAT YOU GET STAFF'S RECOMMENDATIONS AND THEN DETERMINE IF YOU WANT TO VOTE OR TO TELL. I MEAN, THAT'S THE BOARD IS, IT'S AN INDEPENDENT BOARD. YOU ALL DECIDE WHAT YOU WANT TO DO. OKAY. THAT'S ALL WITH ME. ALRIGHT, I THINK WE'RE READY. OKAY. SO I AM GOING THEN TO CALL FOR, UM, THE STAFF REPORT OR STAFF ANALYSIS. THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE TABLE 4.01. TO ALLOW FOR KEEPING OF HONEYBEES, THE APPLICANT WISHES TO UTILIZE THE HONEY FROM THE BEES IN THE BEVERAGE MAKING PROCESS OF A FUTURE DISTILLERY. ON THE ADJOINING PARCEL, THERE ARE CURRENTLY FOUR PROPOSED
[5:01] HIVE BOXES ON THIS 3.8 ACRE PARCEL. THE PARCEL IS MOSTLY WOODED WITH A CONCRETE ROADWAY LEADING TO THE BUILDING THAT WILL CONTAIN THE DISTILLERY. THE HIVES WILL BE PLACED AT LEAST A HUNDRED FEET AWAY FROM THE PROPERTY LINE IN ALL DIRECTIONS. AND OUTSIDE OF THE FLOOD HAZARD AREA OF THE TUS AURORA CREEK, THEY ARE A SUITABLE DISTANCE FROM THE RESIDENTIAL PROPERTIES. WITH THE HIVE ENTRANCES FACING AWAY FROM NEIGHBORING RESIDENCE, THE HILL WILL ACT AS A FLYAWAY BARRIER. THE BEEKEEPERS SHALL APPLY FOR A CERTIFICATE OF REGISTRATION FOR BEEKEEPING PURSUANT TO THE WEST VIRGINIA APIARY ACT, WEST VIRGINIA CODE CHAPTER 19 DASH 13 DASH ONE. IF THE SPECIAL EXCEPTION IS GRANTED, THERE ARE A SERIES OF PROPOSED CHANGES TO THE WEST VIRGINIA APIARY ACT AND IF THE PROPOSED CHANGES TO CHAPTER 19 DASH 13 DASH ONE PASS, THEN THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE OF THE STATE OF WEST VIRGINIA SHALL HAVE EXCLUSIVE AUTHORITY TO REGISTER, PERMIT, INSPECT, SAMPLE, AND OTHERWISE REGULATE THE KEEPING AND MAINTAINING OF BEES B EQUIPMENT AND APIARIES IN THIS STATE, AS PROVIDED IN THIS ARTICLE, NO COUNTY MUNICIPALITY OR OTHER POLITICAL SUBDIVISION MAY, WHETHER BY ORDINANCE, CHARTER RESOLUTION, ADMINISTRATIVE ACT OR OTHERWISE ENACT, ADOPT, IMPLEMENT OR ENFORCE ANY ORDINANCE REGULATION OR RULE WHICH RELATES TO THE REGISTRATION, PERMITTING, INSPECTION, PLACEMENT, LOCATION, OR MANAGEMENT OF EPAS. AND IF, IF I'M, I BELIEVE I, I'VE REVIEWED THE LEGISLATIVE HISTORY OF THAT. THE, THE BILL PASSED, THE SENATE WENT TO THE HOUSE, THE HOUSE MADE SOME CHANGES. IT WENT BACK TO THE SENATE. THERE WERE SOME CHANGES. IT WENT BACK TO THE HOUSE. BY THE TIME IT CAME BACK TO THE SENATE FOR CONCURRENCE, THE TIME HAD RUN. SO THAT BILL ACTUALLY NEVER PASSED. BUT, UM, I GUESS IF THERE WAS ANOTHER 10 MINUTES IN A DAY, IT MAY HAVE, WHO KNOWS? BUT IT, IT DID FAIL, BUT IT, THE BILL HAD PASSED BOTH HOUSES. BUT AS OF RIGHT NOW, THE AG COMMISSIONER DOES NOT HAVE THE EXCLUSIVE AUTHORITY TO MAKE THAT DECISION. EXCLUSIVE OF WHAT LOCAL ZONING IS. OKAY. OKAY. BOARD, DO YOU HAVE ANY QUESTIONS FOR THE STAFF? NO. OKAY. ACTUALLY I DO. IS THERE ANYTHING, UH, IN DRAWING OR SUBMITTED FOR THE CREATION OF DISTILLERY YET? WE HAVE SOME INTERIOR RENOVATION, UM, PLANS IN, AND THAT'S ALL THAT WE HAVE AT THIS TIME. THEY HAVEN'T PROVIDED, UM, SAID ANY, LIKE THE PROPOSED PARKING AREAS, UM, OR LIKE THEIR DAYS OF OPERATION, OCCUPANCY INSPECTIONS, ANYTHING LIKE THAT. OKAY. SO THESE, THAT'S A SEPARATE PARCEL, CORRECT? YEAH. YES. YEAH. YES. THEY DO OWN BOTH PARCELS. UM, BUT, BUT THE REASONING FOR IT WOULD BE TO SUPPLE OR TO SUPPORT THE DISTILLERY? YES, THAT IS CORRECT. WHICH IS NOT CREATED YET. YES. AND NOT ON THE TABLE THIS EVENING. RIGHT. BUT WAS WAS A PART OF WHY THEY ARE APPLYING FOR IT? NO. YES. THAT IS THE REASONING BEHIND THEIR DESIRE FOR THE HONEYBEES. RIGHT. OKAY. LET THE RECORD SHOW THE, THE PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE FROM THE PUBLIC WHO WISHES TO SPEAK IN FAVOR OF THE APPELLANT OR THE REQUEST? IF SO, PLEASE COME FORWARD. LET THE RECORD SHOW NOBODY HAS COME FORWARD. IS THERE ANYONE FROM THE PUBLIC WHO WISHES TO SPEAK IN OPPOSITION OF THE APPELLANT OR THE REQUEST? IF SO, PLEASE COME FORWARD. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. SURE. MY NAME IS BILLY WILDER AND I LIVE AT 3 27 BOYD AVENUE. SO I TOOK A DRIVE TODAY. I, I DID WRITE DOWN MY THOUGHTS AND BEFORE I, I SAY THIS, I WANT TO KNOW THAT I HAVE A SPECIAL NEEDS SON AND I HAVE A DAUGHTER. AND IN NO GETTING NOTICE OF THIS MEETING, I HAD TO TAKE THE TIME TO FIND CHILDCARE SO THAT I COULD BE HERE TO SPEAK MY PIECE. SO I'M KIND OF CURIOUS WHY THEY DID NOT SHOW UP. BUT, UM, SO THIS DID TAKE ME EXTRA EFFORT. UM, NOW THESE BEEHIVES ARE ACTUALLY LOCATED BEHIND MY HOUSE AND CATTYCORNER BEHIND THAT BANK. SO THEY ARE DIRECTLY, IF I DIDN'T HAVE ANY TREES THERE, I COULD SEE THESE BEEHIVES. 'CAUSE I DID TAKE A DRIVE TODAY TO SEE EXACTLY WHERE THEY WERE. BUT I'M GONNA READ EXACTLY WHAT I I PUT HERE. UM, SO MY NAME IS BILLY WILDER AND I'M HERE TO RESPECTFULLY ASK THAT YOU DENY THE REQUEST TO ALLOW FOR
[10:01] BEEHIVES ON THE PROPERTY DIRECTLY BEHIND MY HOME. I WANNA BE CLEAR THAT I AM NOT AGAINST HONEYBEES OR RESPONSIBLE BEEKEEPING. MY CONCERN IS THE LOCATION AND NUMBER OF HIVES AND THE EFFECT THAT IT COULD HAVE ON MY FAMILY. I HAVE A SON WITH SPECIAL NEEDS WHO HAS DIFFICULTY RECOGNIZING DANGER AND UNDERSTANDING WHEN HE NEEDS TO MOVE AWAY FROM A POTENTIALLY DANGEROUS SITUATION. I CANNOT SIMPLY TELL HIM TO STAY AWAY FROM THE BEES AND EXPECT HIM TO UNDERSTAND OR APPROPRIATE. WE USE OUR BACKYARD REGULARLY. EVERY SUMMER WE PUT UP A POOL FOR OUR CHILDREN. THEY SPEND A GREAT DEAL OF TIME OUTSIDE PLAYING AND SWIMMING WITH FOUR ACTIVE HIVES DIRECTLY BEHIND OUR PROPERTY AS WELL, INEVITABLY BE A PART OF THAT SPACE. MY DAUGHTER IS ALSO VERY AFRAID OF SINGING INSECTS. HAVING BEES REGULARLY AROUND THE AREA WHERE SHE PLAYS IN TWINS COULD MAKE HER AFRAID TO USE HER OWN BACKYARD. MY HUSBAND HAS VASCO ULAR KOPI THAT IS SPECIFICALLY TRIGGERED BY A POKE TO THE SKIN, SUCH AS A BEE STING. A STING CAN CAUSE HIS HEART RATE AND PRESSURE TO DROP, POTENTIALLY CAUSING HIM TO BECOME LIGHTHEADED OR FAINT. THAT MEANS SOMETHING IS STILL AS MOWING THE GRASS, WORKING IN THE YARD, SETTING UP BY THE POOL OR SUPERVISING OUR CHILDREN COULD CARRY AN ADDITIONAL CONCERN IF HE IS STUNG. AND THEN THERE IS ANOTHER ISSUE I BELIEVE THE BOARD SHOULD CONSIDER. THE HIVES HAVE ALREADY, THEY'RE ALREADY ON THE PROPERTY, EVEN THOUGH THE ZONING REQUEST HAS NOT YET BEEN APPROVED. I AM ALSO CONCERNED THAT IF THE ZONING HAS CHANGED TO ALLOW AN APIARY, THERE'S NO CLEAR ASSURANCE THAT NUMBER OF HIVES WILL RE REMAIN AT FOUR. I DON'T WANT FIVE TO EVENTUALLY BECOME SIX, SIX TO BECOME 10. AND THEN OUR FAMILY IS EXPECTED TO ACCEPT AN EXPANDING AP AREA DIRECTLY BEHIND OUR HOME. FOUR HIVES IS A SIGNIFICANT NUMBER OF CALLING PLACE IMMEDIATELY BEHIND A RESIDENTIAL BACKYARD. THESE CANNOT BE COMPLETELY CONTROLLED. THEY LEAVE THEIR HIVES, FORAGE AND FORM BECOME DEFENSIVE. I'M NOT ASKING FOR TO PROHIBIT BEEKEEPING. I'M ASKING YOU TO CONSIDER WHETHER THIS IS APPROPRIATE LOCATION FOR HIVES, GIVEN THAT IT IS DIRECTLY BE BESIDE A HOME WHERE CHILDREN PLAY AND SWIM. WHERE MY FAMILY HAS ADDITIONAL SAFETY CONCERNS, OUR BACKYARD IS WHERE OUR CHILDREN SHOULD BE ABLE TO PLAY AND WHERE OUR FAMILY SHOULD BE ABLE TO ENJOY OUR HOME. I RESPECTFULLY ASK THAT YOU DENY THE ZONING CHANGE IF THE BOARD CHOOSES TO APPROVE IT. I ASK THAT STRICT AND ENFORCEABLE LIMITS BE PLACED ON THE NUMBER AND LOCATION OF THE HIVES, ALONG WITH APPROPRIATE SAFETY REQUIREMENTS TO PROTECT NEIGHBORING HOMES AND CHILDREN. THANK YOU FOR LISTENING AND FOR CONSIDERING MY FAMILY'S CONCERNS. THANK YOU. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. BRIAN HAMILTON. I LIVE AT 3 7 2 BOY AVENUE. THANK YOU. UM, I'M NOT VERY GOOD AT PUBLIC SPEAKING, BUT UM, I SPENT, UH, A LITTLE OVER AN HOUR TODAY TALKING WITH, UH, TWO PROFESSIONAL BEEKEEPERS AND THEY HAPPENED TO BE FRIENDS. SO THE ONE I JUST GOT OFF THE PHONE WITH IN NORTH CAROLINA, UH, TOLD ME, HE SAYS, I SHOULD ASK YOU ALL ONE QUESTION. AND THE QUESTION IS, CAN A BEES STAND? AND HE SAID, ONCE I ASKED THAT QUESTION, YOU GOTTA THINK BECAUSE HE SAID, YOU'RE NOT DEALING WITH JUST A FEW BEES IN THESE HIVES OF 4, 5, 6 BOXES CAN GO AS HIGH AS EIGHT AND 10. YOU'RE TALKING ABOUT 20 TO 50,000 BEES IN A FIVE BOX HIVE. THEY HAVE TO BE KEPT AT A CERTAIN TEMPERATURE CONSTANTLY YEAR ROUND, 90 TO 95 DEGREES. IF IT BECOMES 104 DEGREES IN THAT HIVE, THEN BEES ARE COMING OUT AND THEY'RE GONNA SWARM. AND WHEN THEY SWARM, THEY WILL GO ANYWHERE. HE SAID HE'S, HE WILL TALK TO ANYONE THAT WANTS TO TALK TO HIM. HE'S HAD HUNDREDS OF BIS. HE WOULD RAISE THEM, GET 'EM HEALTHY, AND HE'D SELL 'EM. THAT'S WHAT HE DID. HE'D HARVEST HONEY ALSO, ANOTHER FRIEND OF MINE WAS MARK, MARK WAR. I HATE TO SAY THIS, BUT I LOST HIM. A FRIEND OF MINE, UH, HE WAS A BEEKEEPER. HE, UH, WAS THE OWNER OF GEORGE WARREN SONS ORCHARDS. I USED TO HELP HIM. AND, UH, I'VE BEEN STUNG MANY, MANY, MANY TIMES MYSELF. I WORKED ON THAT ORCHARD WHEN I WAS IN THE SEVENTH GRADE ALL THE WAY THROUGH TO WHEN I WAS IN COLLEGE. I WANNA TALK TO YOU ABOUT A COUPLE THINGS. UM, BEEKEEPING IS KINDA LIKE TAKING YOUR CAR TO AN AUTO
[15:01] SHOP. YOU HAVE GOOD MECHANICS AND YOU HAVE BAD ONES. YOU HAVE GOOD BEEKEEPERS AND YOU HAVE BAD ONES. YOU HAVE SOME PEOPLE THAT GET INTO SOMETHING AND DECIDE LATER ON THAT MAYBE THEY SHOULDN'T HAVE GOTTEN INTO IT UNDER CURRENT RULES AND REGULATIONS. IF YOU GET ON THE INTERNET OR LOOK UP COURT CASES OR ANYTHING ELSE LIKE THAT, YOU'LL FIND THAT THERE IS CERTAIN PROTECTIONS GIVEN TO A BEEKEEPER, UM, TO KEEP HIM FROM BEING LIABLE FOR JUST EVERYTHING. BUT HE'S NOT COMPLETELY COVERED OR PROTECTED, ESPECIALLY IF THERE'S NEGLIGENCE. AND IT'S LIKE MY FRIEND SAID, YOU'LL FIND NEGLIGENCE IN JUST ABOUT ANYTHING GIVEN TIME. SO, YOU KNOW, LET'S TALK ABOUT KIDS FOR A MINUTE. IN THE NEIGHBORHOOD, WE GOT A PILE OF THEM. THEY, THEY MAKE FORTS IN THAT LITTLE PARTIAL WOODS RIGHT THERE AT THE TOP OF THE HILL THAT LEADS DOWN OVER TO WHERE THE BEEHIVES ARE CURRENTLY LOCATED. AND I WENT DOWN AND STEPPED IT OFF. I STEPPED, I STEPPED IT OFF AT 50 FEET. UM, MY BUDDY TOLD ME THAT THAT IS TOO CLOSE. HE SAID IT'S JUST A MATTER OF TIME. AND THOSE BEES ARE GONNA SWARM AND THEY'RE GONNA SEPARATE THE COLONY BECAUSE THAT'S WHAT THEY NEED TO DO WHEN THEY GET TOO FULL. AND YOU BETTER HAVE A GOOD COMPETENT BEEKEEPER TO KEEP THOSE BEES UNDER CONTROL. THEY'RE HIGHLY INTELLIGENT. HIGHLY INTELLIGENT. HE SAID, HE TOLD ME THAT DOESN'T MATTER WHETHER YOU HAVE A SIX FOOT BARRIER OR NOT, A BEE CAN COME DOWN JUST AS WELL AS HE CAN COME UP. HE CAN TURN AROUND AND GO THE OTHER WAY. HE CAN DO ANYTHING HE WANTS TO DO. YOU KNOW WHAT HAPPENS WHEN THEY LO RUN LOW ON WATER, THEY COME VISIT MY POOL OR MY BIRD FEEDER OR MY DOG'S BOWL. YOU KNOW, THERE'S A CASE GOING ON RIGHT NOW IN THE SUPREME COURT IN THE STATE OF WEST VIRGINIA. IT'S SOUTH CHARLESTON AGAINST MR. URBAN. I BELIEVE, IF I'M CORRECT, MR. IRVIN MAY BE AN ATTORNEY, BUT I'M NOT REAL SURE. UM, IN 2022, UH, HE WON A, UH, A CASE TO PUT BEES IN THE CITY LIMITS OF, UH, SOUTH CHARLESTON. AND HE DID THAT THROUGH CIRCUIT COURT ON APPEAL. THEY DECLINED TO, UM, WARRANT THAT DECISION AND THEY REVERSED IT. THAT'S WHY NOW IT LAYS WITHIN THE SUPREME COURT LEVEL AND THE DECISION IS TO BE, MATTER OF FACT, THE SOUTH SOUTH CHARLESTON'S, UH, LAST PAPERWORK AND WORDING IS SUPPOSED TO BE HANDED IN BY SEPTEMBER 10TH. AND I THINK THE, THE CASE IS SUPPOSED TO BE HEARD BY LATE FALL. I ALSO WENT OUT TO THE, UH, WEST VIRGINIA DEPARTMENT OF AGRICULTURE AND I SPOKE WITH THOSE PEOPLE AT AND END. UM, IT'S, IT'S, IT'S, IT'S A REAL TOUCHY SITUATION. UM, I WAS TOLD THAT ONCE, ONCE THE, UH, WEST VIRGINIA DEPARTMENT OF AGRICULTURE MAKES A FINAL DECISION ON THIS CASE, THAT UM, IT WILL OVERRIDE ANYTHING, ANY TOWNSHIP OR ANY CITY HAS AN ORDINANCE. SO I GUESS WE'RE JUST GONNA HAVE TO WAIT AND SEE WHAT THE, UH, WHAT THE VERDICT IS FROM THE SUPREME COURT LEVEL AND HONOR OUR JUSTICES FOR MAKING THE RIGHT DECISION. THAT'S WHAT I WOULD THINK. BUT, AND E AND EVEN BEING, SO THEY, THEY REQUIRE A 200 FOOT PERIMETER IN MOST CASES. NOW IN URBAN AREAS, UM, IT'S DIFFERENT. YOU, YOU DON'T HAVE THAT KIND OF SPACE. PEOPLE, IT'S NOT THERE. IT'S USUALLY NOT EVEN POSSIBLE. YOU KNOW, WHEN A BEE HAS TO TRAVEL, UH, MORE THAN FOUR OR 500 FEET FOR WATER, IT WEARS 'EM OUT. 'CAUSE THEY'RE CARRYING WATER BACK TO THAT HEAT HIVE TO KEEP THE HIVE COOL. AND THEY DO THAT TWO WAYS. THEY CARRY WATER
[20:01] AND THEY FAN. THAT'S HOW THEY KEEP THE HIVE COOL. I'VE HELPED THESE GUYS FOR, I'M, I'M ALMOST 70 YEARS OLD. SO, YOU KNOW, I'VE BEEN AT THIS FOR A LONG TIME WITH HELPING PEOPLE WITH STUFF LIKE THIS. UM, ONE OF, ONE OF THE MAIN THINGS THAT WILL SET A BEE OFF, BELIEVE IT OR NOT, IS THE SMELL OF BANANA. NOW, HOW MANY KIDS DO YOU KNOW EAT BANANAS? DO YOU EAT BANANAS? THEY HATE THE SMELL OF BANANAS. IT'S A, IT'S A VERY DEFENSIVE SMELL. AND THERE'S OTHER PERFUMES, COLOGNES, AND OTHER THINGS THAT COME INTO PLAY. COLORS. JUST THE, JUST THE COLORS OF WHAT YOU'RE WEARING MAKES 'EM DEFENSIVE. THEY HATE THE COLOR OF BLACK. THAT'S A DEFENSIVE COLOR. REMINDS 'EM OF A BEAR OR A SKUNK. IF A MOTH SHOULD HAPPEN TO GET INTO THE HIVE, THE MOTH WILL DESTROY THE WHOLE HIVE. THERE'S SO MANY THINGS THAT GOES INTO THIS AND I'M NOT SURE WHAT PEOPLE ARE THINKING ABOUT THIS. IS, THIS IS NOT A, A, A, A SITUATION TO TAKE LIGHTLY. YOU KNOW, WE HAVE KIDS INVOLVED AND IF YOU THINK FOR ONE MOMENT, IF YOU MAKE A DECISION, I WANNA SEE HOW THIS IS PROPERLY PRONOUNCED TO YOU ARE GONNA MAKE A DECISION FOR A SPECIAL EXEMPTION. WELL, IF YOU DO GET READY, 'CAUSE IT'S NOT GOING TO END THERE. YOU MIGHT AS WELL CHANGE YOUR ZONING LAW IF YOU MAKE A SPECIAL EXEMPTION FOR THESE BUSINESS PEOPLE TO BRING BEEHIVES INTO THE CITY LIMITS IN CLOSE PROXIMITY OF CHILDREN AND HOMES AS THEY, AS THEY ARE NOW. AND I LIVE UP 3 7 2, I LIVE DOWN NEXT TO ASPEN HALL. CHANCES ARE I PROBABLY WON'T HAVE A PROBLEM. HONEYBEES ARE USUALLY GOOD NATURED BEES. IF YOU'RE GONNA HAVE ANY BEE, A HONEYBEE WOULD PROBABLY BE THE BEE TO GO AFTER, UH, MOST BEES IN THE UNITED STATES OR, OR OF THE EUROPEAN BREED. BUT THERE'S 4,000 DIFFERENT SPECIES OF, OF BEES IN THE UNITED STATES TODAY. AND THERE'S CERTAIN THINGS THAT JUST P**S THESE GUYS OFF. AND ONE OF THE NUMBER ONE THINGS IS THE SMELL OF BANANA. NOW NUMBER TWO IS VIBRATION. NOW WHAT DO WE HAVE AROUND HERE THAT VIBRATES EVERY NIGHT? ANY OF Y'ALL KNOW TRAIN WHO SAID THAT ALL NIGHT LONG? TRAIN ALL NIGHT LONG, THEY NEVER SHUT 'EM DOWN. AND SOMETIMES DURING THE DAY, BEES HATE VIBRATION, CAN'T STAND IT. MESSES THEM UP. ANOTHER THING IS NOISES. NOW YOU MIGHT SAY, WELL WHAT, WHAT KIND OF NOISE MIGHT THAT BE? LAWNMOWERS, WEED WHACKERS. AND IT DON'T HAVE TO BE UP AGAINST THE BEEHIVE. YOU CAN HAVE A WEED WHACKER OR A LAWN MOWER GOING ON FROM A HUNDRED FEET AWAY AND STILL GET STUNG. WE WOULD GET STUNG DRIVING TRACTORS THROUGH THE ORCHARD AND OUR TRACTORS WOULD BE 50, 60, 70 FEET AWAY. THEY DIDN'T LIKE THE SOUND AND THE VIBRATION OF THE TRACTOR. AND EVERY ONCE IN A WHILE WE'D GET STONED. NOW NONE OF US WAS ALLERGIC TO 'EM. PRAISE GOD, THANK GOD. BUT WHAT IF WE WOULD'VE BEEN, MY WIFE HAD A COWORKER, AND I'M NOT AT LIBERTY TO MENTION HIS NAME, BUT HE LIVED OUT AT THE WOODS RESORT. HE WENT OUT TO MOW GRASS ONE DAY. HE, HE WENT IN THE HOUSE, TOLD HIS WIFE, HE GOT STUNG BY A BEE AND HE WAS FEELING BAD AND HE WAS GONNA GO LAY DOWN. WELL, HE WENT AND LAID DOWN AND HE DIDN'T WAKE BACK UP. HE DIDN'T WAKE BACK UP. HE WAS 42 YEARS OLD AND NEVER KNEW THAT HE WAS ALLERGIC TO A BEE STING. NOW I'M ASKING YOU ALL, IF YOU ALL DECIDE TO MAKE A SPECIAL EXEMPTION, YOU BETTER BE WRITING BECAUSE SIR, SIR, IT'S EXCEPTION. IT'S SPECIAL EXCEPTION, NOT EXEMPTION. OH, OKAY, WELL EXCEPTION. YEAH. ALRIGHT. YOU ARE GONNA HAVE TO DO IT AGAIN. WHEN WORD GETS OUT, I, THESE PEOPLE AIN'T DONE. PEOPLE'S GONNA COME BEFORE YOU. YOU'RE GONNA HAVE OTHER PEOPLE WITH THE SAME IDEAS. EVERYBODY WANTS TO SAY, WE LIVE IN A WORLD NOW WHERE EVERYBODY WANTS TO DO SOMETHING DIFFERENT. AND I
[25:01] GUESS EVERYBODY'S THINKS THEY'RE AN EXPERT AT SOMETHING. I'D LIKE FOR THEM PEOPLE TO HAVE SHOWED UP TONIGHT. REALLY? I DON'T, I KNOW THE NAMES, BUT I REALLY DON'T KNOW THESE PEOPLE. THEY PROBABLY GOOD PEOPLE, BUSINESS PEOPLE, I DON'T KNOW. BUT I THINK THEY'RE GETTING INTO SOMETHING THAT MIGHT BE JUST A LITTLE BIT OVER THEIR HEAD. AND FROM WHAT I UNDERSTAND, UH, MR. DOYE AND MR. ORSINI HAS OTHER PROPERTIES OUTSIDE OF THE CITY LIMITS. WELL, WHY CAN'T THEY PUT THEM HIVES OUT THERE? THAT'S A QUESTION. WHAT PROFESSIONAL ARE THEY GOING TO GET TO TEND TO THESE BEES? 'CAUSE A NOVELIST JUST CAN'T DO IT. THEY DON'T HAVE THE EXPERIENCE WHEN THEM BEES COME OUTTA THAT HIVE AND THEY CAN COME OUTTA THAT HIVE FOR MANY DIFFERENT REASONS. TEMPERATURE, THE DEATH OF A QUEEN. NOISE, HEAT, VIBRATION, SOMEBODY TAPPING, JUST, JUST A TAPPING NOISE. HE TOLD ME ON THE PHONE, HE SAYS, YOU KNOW SOMETHING, HE SAYS, LET A JACKHAMMER GET CLOSE TO THOSE BEEHIVES. ONE TIME LED A JACKHAMMER FROM A, FROM ABOUT A HUNDRED YARDS AWAY. HE SAID, NOW WOULD YOU TAKE BEES AND, AND, AND TAKE 'EM TO A PARK? THINK ABOUT THIS. WOULD YOU TAKE 'EM TO A BALL FIELD AND PUT 'EM 50 FEET BEHIND THE BALL FIELD BEHIND THE OUTFIELD? WOULD YOU DO THAT? HE SAID, YOU BETTER HIDE HIM. YOU BETTER NOT BECAUSE SOMEBODY IS GONNA BE LIABLE. NOW LIABILITY COMES WHEN PEOPLE FOLLOW THE RULES AND REGULATIONS TO THE EXTENT THAT THEY'RE MEANT TO BE FOLLOWED BY THERE AGAIN, UNFORTUNATELY, EVERYBODY'S NOT THE SAME PERFECT BEEKEEPER AS THERE MIGHT BE SOMEWHERE ELSE. SO I GUESS, YOU KNOW, IN, IN, IN THE END I THINK IT'S A PUBLIC SAFETY ISSUE, UM, ESPECIALLY FOR THE ELDERLY. UM, I HAVE A PETITION RIGHT HERE, SIR. EXCUSE ME. I'M GONNA HAVE TO ASK YOU TO WRAP IT UP SO THAT SOME OTHERS CAN SPEAK. SURE. IF YOU DON'T MIND. SURE. BUT I WANT YOU TO LOOK AT THIS PETITION. IT HAS, UM, 26 NAMES OF IT ON IT. AND THEY'RE ALL FROM THE EAST SIDE OF BOYD AVENUE. THAT WOULD BE THE SIDE WHERE THE BEEHIVES ARE GONNA BE PUT ON. OUT OF THESE 26 NAMES, WE HAVE SIX PEOPLE THAT HAS ALLERGIES. I WILL ASK YOU TO END THERE AND IF YOU WOULD LIKE TO LEAVE THAT FOR THE RECORD, UM, WE'LL BE GLAD TO TAKE THAT FROM, ALRIGHT. ONE OTHER THING, I I DON'T KNOW HOW, UM, THESE HEARINGS, IT'S THE FIRST ONE I'VE BEEN TO. BUT, UH, I WAS A POLICE OFFICER AND I HAD TO GO TO MAGISTRATE COURT A LOT. AND WHEN A PETITIONER DIDN'T SHOW UP MAGISTRATE COURT FOR THE COURT CASE, THE COURT CASE CASE WAS DISMISSED. SO I I, IN A WAY, I DON'T EVEN KNOW WHY WE'RE GOING THROUGH THIS. THESE PEOPLE, THESE PEOPLE DIDN'T SHOW UP. SO WE THANK YOU, SIR. BUT WE'RE, WE'RE GONNA HAVE TO END IT. THANK YOU VERY MUCH FOR YOUR COMMENTS. THEY ARE APPRECIATED AND HEARD. IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK? PLEASE STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD. MY NAME IS, UH, MICHAEL PLANT AND I LIVE AT 3 79 BOYD AVENUE. AND MY CONCERN, JUST LIKE BRIAN HAD, UH, MENTIONED TO YOU ALL, IS, UH, THE HEALTH AND THE WELFARE OF THE CHILDREN. I HAVE CHILDREN THAT HAVE ALLERGIES, UH, YOU KNOW, UH, NOT MY CHILDREN, BUT ACTUALLY MY GREAT-GRANDCHILDREN THAT ARE CONSTANTLY AT MY HOUSE. AND, UH, WELL ONE OF 'EM IS ALLERGIC TO BEES. UH, WHAT'S THE CAPACITY? I DO NOT KNOW 'CAUSE HIS MOTHER TOLD ME. BUT ONE THING I WOULD LIKE TO, UH, EMPHASIZE HERE IS THE COLONIZING OF THE BEASTS. YOU KNOW, THESE GUYS GOT FOUR BOXES, BUT WITHIN A WINNER THEY CAN TURN INTO BEING 10, 12, 14 OF OFFICE IF THEY'RE CONTROLLED, IF THEY HAVE A RIGHT BEEKEEPER. BUT SEEMS HERE TO ME THAT THEY'VE NOT HAVE PROFESSIONAL BEEKEEPERS THAT WILL BE ABLE TO, UH, MANAGE THIS, UH, COURT. NOW A QUEEN B LAYS AN AVERAGE OF 1000 TO 2000 EGGS A DAY, 1000 TO 2000 EGGS A DAY. AND THE LARVA DEVELOPS THREE DAYS TO SIX DAYS AFTER THAT. SO WHAT HAPPENS HERE IS WITH REPRODUCTION AS THAT SUCH IS THEY BECOME OVERCROWDED. BRIAN
[30:01] EMPHASIZED THE FACT THAT NOISE OR, OR, UH, DISTURBANCE OF THE BEES, YOU KNOW, THEY CAN SWARM BUT JUST OVERCROWDING, THEY CAN, UH, THEY CAN, THEY'LL SWARM. PLUS WHEN THEY SWARM, THEY HAVE TO FIND A NEW LOCATION. AND WHERE IS THAT LOCATION GOING TO BE NOW IF THEY FLY OVER THE LIVE AREA, UH, WHERE THESE BOXES ARE, THESE BEE BOXES ARE, THEY'RE ALL GOING TO BE ON BOYD AVENUE. AND SO WHAT THESE BEES DO IS THEY HAVE TO FIND A CAVITY TO BUILD THEIR HIVES. IT MAY BE IN A TREE, A HOLE IN A TREE, BUT IT'S POSSIBLE JUST ON THE END OF YOUR FENCE, ON A CHAIN FENCE, JUST THAT LITTLE PIPE THAT CAN START THERE BEEHIVE AND IT JUST GROWS AND GROWS AND GROWS. BUT MY CONCERN IS, IS THE CHILDREN. AND THAT'S ALL ADULTS. ADULTS. I MEAN, I, I WAS STUNG ONE TIME BY A ME THAT ACTUALLY KNOCKED ME OUT. KNOCKED ME OUT. SO I MEAN, I THINK WITH OUR COMMUNITY, HOW IT'S GROWN, I I DON'T THINK THIS IS A WISE DECISION FOR THIS COUNCIL TO MAKE, TO DECIDE TO HAVE, UH, BEEHIVES. YOU KNOW WHAT, Y'ALL SHOULD JUST TELL 'EM. YOU KNOW HOW PEOPLE SAY NONE OF YOUR BUSINESS, NONE OF YOUR BEES WAX. THAT'S WHERE I'LL LEAVE IT UP TO YOU. THANK YOU SIR. YOU YOU'RE WELCOME. WE APPRECIATE YOUR COMMENT. IF THERE'S ANYONE ELSE THAT HAS A COMMENT, IF IT'S, UM, COMMENTS THAT WERE ALREADY MADE, IF YOU HAVE A UNIQUE COMMENT, PLEASE STATE THAT FIRST. UM, AND WE'LL TRY TO KEEP IT BRIEF SO THAT EVERYONE HAS AN OPPORTUNITY. PLEASE STATE YOUR NAME AND ADDRESS. MY NAME IS JAMES OPOLIS. I LIVE AT 3 6 7 BOYD AVENUE. AND YOU JUST SAID THAT THERE WAS ANY CHANGES TO THE BUILDING EXCEPT INTERIOR. THAT WAS A QUESTION I ASKED YOU. WELL, THERE'S A DECK BEHIND THAT BUILDING BUILT IN A FLOOD ZONE. THE BUILDING'S IN A FLOOD ZONE. SIX WEEKS AGO I WALKED THE PROPERTY. THERE WERE TWO HIVES ON IT. NOW THERE'S FOUR OR FIVE HIVES ON IT. FOUR. FOUR. TAKE A LITTLE KID, ONE A LITTLE OLDER THAN THE OTHER ONE THAT SAYS, JOHNNY, I BET YOU CAN'T THROW A ROCK AND HIT THAT HIGH. WHAT'S JOHNNY GOING TO DO? HE'S GONNA THROW A ROCK AND HIT THAT HIVE. THANK YOU. THANK YOU SIR. IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK? UM, HI, I'M AUSTIN SIBELIUS. UH, I LIVE AT 3 29 BOYD AVENUE AND THIS IS RIGHT BEHIND MY HOUSE. UM, YOU SAID YOU WANTED TO HEAR A UNIQUE COMMENT ON THIS. YOU'VE HEARD ABOUT THE NATURE OF BEES, HOW THEY SWARM, HOW THEY'LL MOVE. UH, I TEACH SEVENTH GRADE MIDDLE SCHOOL SCIENCE OVER AT NORTH MIDDLE. UH, THE ONE THING I WOULD SAY THAT IS UNIQUE ABOUT THIS, YOU'VE HEARD HOW YOU NEED TO HAVE THE RIGHT BEEKEEPER. I HAVE, UH, I HAVE ALREADY HAD AN ISSUE WITH THIS PARTICULAR PERSON AND THE FACT THAT THEY PLACED BOULDERS, MASSIVE BOULDERS THAT TOOK A SKIDSTEER TO MOVE ON AN EASEMENT AND CRUSHED MY SEPTIC SYSTEM PIPE. I PAID $17,000 TO GET A PLUMBER TO COME OUT, REMOVE THOSE BOULDERS AND FIX THAT PIPE. I GO TO WORK, I TEACH, I COME HOME, THE YARD IS RIPPED, THE PIECES AND THOSE BOULDERS ARE BACK ON THAT PIPE, RIGHT WHERE THAT EASEMENT IS. I CANNOT FIND THIS PERSON. I CANNOT FIND THEIR NAME. I LOOKED IN THEIR LLC AND I COULD NOT FIGURE OUT WHO IT BELONGED TO OR WHO TO CONTACT. AND THERE'S NO TRESPASSING ALL OVER HIS PROPERTY FOR ME TO TRY AND TALK TO SOMEBODY. SO WITH THAT I WOULD RESPECTFULLY ASK THAT YOU DENY A SPECIAL EXCEPTION TO THIS BECAUSE THIS PERSON DOES NOT CARE ABOUT HIS NEIGHBORS. HE DID NOT BOTHER TO LOOK AND SEE THAT IT WAS AN EASEMENT. WHEN THE PLUMBERS CLEANED IT UP, IT WAS NICE SMOOTHED CLEANED OUT. THEY DIDN'T LEAVE THE BOULDERS ANYWHERE WHERE IT WOULD BE AN EYESORE FOR ANYBODY. AND NOW I HAVE SHARDS OF GLASS, BROKEN POTTERY, ALL SORTS OF JUNK THAT HE DUG UP FROM THE GROUND AND IT'S LITTERED ALL OVER. AND I'D BE MORE THAN HAPPY TO TAKE PICTURES AND BRING THEM TO YOU. I'VE REQUESTED 'EM. THEY'RE NOT COMING THROUGH ON MY PHONE AT THE MOMENT. IT IS NOT COOL TO LIVE NEXT TO THAT. AND IT'S NOT RIGHT THAT HE NEVER ASKED AND HE NEVER LOOKED TO SEE IF THAT WAS AN EASEMENT. AND I'M TRYING TO GET A PLAT MAP FOR IT. AND IT'S BEEN A PAIN GOING THROUGH THAT PROCESS. SO WITH THAT, I WOULD NOT
[35:01] ENTRUST SOMEBODY TO HAVE THE RIGHT BEEKEEPERS. I WOULD NOT ENTRUST THAT RESPONSIBILITY TO SOMEBODY THAT DOESN'T CARE ABOUT THEIR NEIGHBORS, CRUSHES THEIR SEPTIC SYSTEM, COSTING THEM MONEY, DOESN'T CARE ABOUT THE FACT THAT HE'S ALREADY PUT HIVES ON AND IS NOW RATHER ASKING FOR FORGIVENESS THAN PERMISSION. AND THAT IS WHAT THIS IS IN MY EXPERIENCE. 'CAUSE I ALSO WENT THROUGH THE POLICE ACADEMY AND EVERYTHING. AND I KNOW THIS ISN'T REALLY A COURT, I DO UNDERSTAND THAT. BUT THIS IS TYPICALLY NOT CONSIDERED ACCEPTABLE BEHAVIOR BEFORE A COURT OF LAW. AND IT SHOULDN'T BE CONSIDERED ACCEPTABLE HERE. 'CAUSE THIS IS GOING TO COME BACK AND BE A MAJOR PROBLEM LATER. THANK YOU. THANK YOU. THANK YOU SIR. THANK YOU FOR YOUR COMMENTS. IS THERE ANYONE ELSE? PLEASE STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD. AMY HALDEN, 3 45 BOYD AVENUE. UM, THESE BEES ARE RIGHT BEHIND MY HOUSE. I CAN SETTLE ON MY BACK PORCH AND SEE 'EM. MY NEIGHBOR HAS KIDS AND IT'S JUST NOT A GOOD IDEA AT ALL. LIKE IT. AND LIKE THEY SAID, THEY DID IT WITHOUT EVEN TALKING TO ANYBODY. THEY JUST DID IT. THEY PLOWED MY FENCE DOWN, THEY DUCKED MY NEIGHBOR'S YARD UP. I DON'T KNOW HE RENTS. SO IT'S HIS LANDLORD. I DON'T KNOW IF HE GOT THIS NOTICE AND HE DIDN'T COME. BUT I JUST THINK IT'S A HORRIBLE IDEA. THERE'S, THERE IS DEFINITELY TOO MANY KIDS ON BOYD AVENUE AND NOT ONLY KIDS, THE OLDER PEOPLE, IF THEY GET STUNG, WHAT'S GONNA HAPPEN? WE ALL GET ALLERGIC REACTIONS AS WE GET OLDER. IT, IT'S A BAD IDEA. THANK YOU FOR YOUR COMMENTS. ARE THERE ANY OTHER COMMENTS BEFORE WE CLOSE THE PUBLIC HEARING PORTION? PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. ANN MCCORKLE, 7 23 WEST JOHN STREET. MY HUSBAND AND I ARE BEEKEEPERS MARTIN BERG ALLOWS YOU TO HAVE TWO HIVES ON YOUR PROPERTY IN THE CITY. MY CONCERNS ARE THIS, NUMBER ONE, THIS INDIVIDUAL PUT FOUR HIVES ON BEFORE GETTING APPROVAL. THAT SHOWS A WILLINGNESS TO CHANGE THE RULES. TWO HIVES MANAGEABLE. THE WAY THIS IS WORDED AN EXCEPTION, BUT IT DOESN'T LIMIT THE EXCEPTION TO FOUR HIVES ONLY. THERE'S A STATED INTENTION TO CREATE A DISTILLERY. TWO HIVES DOES NOT CREATE, OR FOUR HIVES DOES NOT CREATE ENOUGH HONEY TO SUPPORT A DISTILLERY. WHETHER IT'S FOR MEAD MAKING, WHISKEY MAKING, IT DOESN'T MATTER, THEY'RE GOING TO NEED MORE. WE HAVE 14 HIVES CURRENTLY. HOWEVER, IN ORDER TO STAY IN COMPLIANCE WITH THE CITY'S REGULATION, WE HAVE FOUND ALTERNATE LOCATIONS BETWEEN HERE, BETWEEN OUR HOUSE AND HEDGES. PLACES WHERE WE CAN KEEP TWO HIVES, PLACES WHERE WE CAN BE IN COMPLIANCE WITH THE CITY, PLACES WHERE WE CAN KEEP THEM SAFELY. NOT ONLY THAT, BUT WE HAVE STUDIED, WE'VE SPENT THREE YEARS LEARNING HOW TO MANAGE WHAT WE HAVE GOING ON. NEITHER OF THESE NAMES SEEM TO BE INVOLVED IN, I'M NOT SAYING JUST BECAUSE OUR NAME, WE HAPPEN TO BE INVOLVED WITH THE WESTERN VIRGINIA, EASTERN PANHANDLE BEEKEEPERS ASSOCIATION. THAT THAT'S THE ONLY WAY TO LEARN ABOUT WHAT YOU'RE DOING. BUT NEITHER OF THESE LAST NAMES ARE INVOLVED IN THESE GROUPS. SO I WOULD QUESTION NUMBER ONE, THE DECEPTION, THE PUTTING FOUR HIVES ON BEFORE IT WAS LEG LEGIT, BEFORE IT WAS LEGAL. NUMBER TWO, THE LACK OF DISCLOSURE OF WHAT THEIR ACTUAL INTENT WAS. IT WASN'T JUST TO KEEP HONEYBEES, IT WAS TO HAVE A DISTILLERY, BUT THAT'S NOT WHAT WAS INITIALLY PRESENTED TO THE NEIGHBORHOOD. AND NUMBER THREE, THE WILLINGNESS TO RESPECT THEIR NEIGHBORS. AS THINGS HAVE BEEN SAID BEFORE AND THE WILLINGNESS TO WORK WITHIN THE LAW. ARE THEY GOING TO BEND THE NEXT RULE? AND WHAT? AND, AND I WOULD ASK IF YOU DECIDE THAT YOU'RE GOING TO APPROVE THIS ANYWAY, THAT YOU PUT A SPECIFIC LIMIT BECAUSE JUST FOUR HIVES, JUST THE FOUR THAT THEY'RE TALKING ABOUT, THAT'S A MILLION BEES. IF THEY KEEP IT TO CAPACITY, HALF A MILLION TO A MILLION BEES IN SOMEBODY RIGHT BESIDE SOMEBODY'S BACKYARD. AND BEES, THEY DON'T GO WITHIN A HUNDRED FEET. THEY GO WITHIN MILES TO GET THEIR POLLEN. AND THAT'S ALL I HAVE TO SAY. PLEASE CONSIDER ALL OF THAT. THANK YOU VERY MUCH FOR YOUR COMMENTS. IS THERE ANYONE ELSE BEFORE WE CLOSE THE PUBLIC HEARING PORTION THAT THE RECORDS SHOW THAT THERE'S NO ONE ELSE COMING FORWARD AND THE PUBLIC HEARING PORTION IS NOW CLOSED. THE APPELLANT IS NOT HERE FOR THE BOARD TO ASK ANY ADDITIONAL QUESTIONS OR STATE ANY ADDITIONAL CONCERNS THAT THEY HAVE. SO WE ARE NOW MOVING ON TO THE JUSTIFICATION PORTION OF THE HEARING. EXCUSE ME, MADAM CHAIR. YES SIR. I GUESS SINCE THE PETITIONER HASN'T SHOWN THEY'VE HAVE FAILED TO, I MEAN THE BURDEN OF PROOF IS UPON THE PETITIONER
[40:01] TO PROVE ALL OF THOSE ISSUES. YES. AND SO I I REALLY THINK THERE'S ONE OF TWO WAYS FOR THE BOARD TO GO. ONE IS IF THE BOARD WANTS TO MAKE A DECISION TODAY, THEY CAN MAKE A FINDING THAT THE PETITIONER DID NOT SHOW, FAILED TO MEET THEIR BURDEN ON THE REQUIREMENTS TO GET A SPECIAL EXCEPTIONS AND THEN HAVE A VOTE. THE OTHER OPTION, I BELIEVE THAT THE BOARD COULD HAVE IS THERE COULD BE A MOTION TO TABLE TILL NEXT MONTH TO LET THEM APPEAR. THAT'S A FUNCTION OF THE BOARD. AND THAT'S THE THREE OF YOU ALL. I MEAN, OF COURSE THE CHAIR CAN'T MAKE THE MOTION. SO THE THREE OF YOU, ALL THE FOUR OF YOU NEED TO MAKE A DECISION. IF YOU WANT TO GO AHEAD AND DECIDE THE CASE TONIGHT OR ALLOW IT TO GO TO THE NEXT MEETING. I VOTE DECIDE THE CASE TONIGHT. I SECOND IT. OKAY. SO I, I THINK THE MOTION IS IF THAT'S, IT'S A MOTION TO APPROVE THE PETITION FOR SPECIAL EXCEPTION. HOWEVER, THE PETITIONER DIDN'T SHOW AND FAILED TO MEET THEIR BURDEN OF PROOF. WE NEED A MOTION AND A SECOND 'CAUSE WE DO IT IN A POSITIVE MANNER. JUST BECAUSE YOU MOVE TO APPROVE IT DOESN'T MEAN YOU HAVE TO VOTE TO APPROVE IT. SO IS THAT THE MOTION THAT YOU'RE MAKING? I'M MAKING THE MOTION TO NOT APPROVE IT. NO, NO. READY? NO, NO. WE APPROVE . WE APPROVE, WE APPROVE IN THE POSITIVES. MAKE THE MOTION TO APPROVE IT. YOU CAN VOTE AGAINST THAT MOTION. YOU JUST MAKE THE MOTION TO APPROVE IT. I THINK ONE OF THE FINDINGS IS, IS THAT THE PETITIONER FAILED TO SHOW, SO THEY DID NOT MEET THEIR BURDEN OF PROOF ON THE REQUIREMENTS OF THE SPECIAL EXCEPTION. I GOTCHA. YEAH. SO IS THAT YOUR MOTION? LET HIM YES. IS THERE A SECOND TO THAT MOTION? SECOND. SORRY TO DO THAT. THAT'S OKAY. I WAS GOING THERE. I HAD IT . IT SOUNDS BETTER COMING FROM YOU. SO WE HAVE A, A MOTION TO APPROVE THE SPECIAL EXCEPTION. MM-HMM . THIS SPECIAL EXCEPTION. WE KEEP GOING. YEAH, GO AHEAD. 3 51 NORTH MAPLE AVENUE, TM 10 P 5 43. PROJECT NUMBER 20 26 76 DASH SE A SPECIAL PURSUANT TO MARTINSBURG ZONING ORDINANCE TABLE 4.01 TO ALLOW FOR HONEYBEE KEEPING IN THE MIXED USE COMMERCIAL DISTRICT MUC DASH THREE. UH, DO WE NEED TO SPECIFY THAT THE, UH, APPLICANT DID NOT APPEAR AND THEREFORE DID NOT? YES. I THINK THAT'S PART OF THE MOTION. YES. IN THE ABSENCE OF THE APPLICANT. YEP. ALRIGHT, NOW WE'RE READY FOR A ROLL CALL. VOTE CARTER. I IF YOU'RE VOTING TO DENY THE PETITION, YOU STILL VOTE? NO. NO. OKAY. BRENDA? NO. ANDREA? NO. MONIQUE? NO. SO THE, THE, THE REQUEST HAS FAILED. NOW THEY STILL HAVE THE RIGHT TO APPEAL IT TO THE CIRCUIT COURT OF BERKELEY COUNTY WITHIN 30 DAYS OF 20. 20. 20 DAYS. YEAH. 20. ALRIGHT. YOU CAN GO TELL AND WE'LL MOVE ON TO THE NEXT MATTER. JUST HAND IT OFF UNLESS YOU WANT TO MAKE IT A COUP AND TAKE IT OVER FOR HOUR. . OKAY, MOVING ON. UH, OKAY, WE'RE ON FIVE B. CASE NUMBER 2026 DASH 77 DASH SE. THE PROPERTY IS LOCATED AT 4 0 9 WEST JOHN STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 14 AS PARCEL 180 9. THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE TABLE 4.01 TO ALLOW FOR HOME CHILDCARE IN DOWNTOWN FOUR SARAH CHOWAN. HOPE I SAID THAT RIGHT? YEAH. YOU NEED TO COME ON UP. SARAH. CHIEF MOORE. OKAY. IF YOU COULD STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE. UM, MY NAME IS SARAH CHEI. W AND AND I LIVE AT 4 0 9 WEST JOHN STREET. OKAY, RAISE YOUR RIGHT HAND AND CAN I SWEAR YOU IN? DO YOU SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES SIR. OKAY. PLEASE STATE WHAT IT IS THAT YOU'RE TRYING TO DO. UM, WELL, UM, CAN YOU SPEAK IN, I COULD SPEAK IN THE MIC. YEAH, THAT'S AN OLD PICTURE. YOU NEED TO IN THE MIC. CAN YOU SPEAK INTO THE MIC? YOU CAN BEND IT DOWN. SO YOU, THAT'S AN OLD PICTURE. THERE GO. THE HOUSE IS, WE'VE BEEN WORKING ON IT. IT'S NOT, DON'T LOOK LIKE
[45:01] THAT ? NO. OKAY. CAN YOU TELL US WHAT IT IS YOU'RE TRYING TO DO? UM, I WANNA DO IT IN HOME DAYCARE AND I WANT TO DO THE WEEKEND AND ALSO DURING, WHEN THE SCHOOL IS OUT, WHEN THEY'RE LIKE ON THEIR LITTLE VACATIONS OR WHATEVER. OKAY. YOUR HOURS. OH, FOR THE HOURS? UM, FROM 6:00 AM TO 6:00 PM OKAY. AND THAT'S MONDAY THROUGH SUNDAY? UM, YES MA'AM. IT'S GONNA BE THE WEEKENDS AND THEN WHEN THEY'RE OUTTA SCHOOL, LIKE ON THEIR LITTLE VACATIONS, LIKE THEY WERE OFF TWO WEEKS OR THEY'RE SPRING BREAK. YEAH. HOLIDAY BREAKS. SUMMER OR VACATION? YES MA'AM. SO 6:00 AM TO 6:00 PM IS THAT ONLY BEFORE AND AFTER SCHOOL KIDS OR ARE YOU TALKING ABOUT ALL DAY KIDS? BECAUSE IT'S FOR THE WEEKEND. YEAH. 6:00 AM TO 6:00 PM AND, AND THEN WHEN THEY'RE ON THEIR HOLIDAYS OR THEIR LITTLE VACATION BREAKS OR WHATEVER LIKE THAT, I WILL DO. SO YOU'RE NOT DOING DURING SCHOOL DAYS? I COULD, BUT I WANTED TO GET STARTED OUT THAT WAY. OKAY. SO WHAT YOU'RE DOING IS YOU'RE COMING TO US PROPOSING TO DO A IN-HOME DAYCARE JUST ON OFF DAYS, NOT DURING SCHOOL. SO YOU WOULD DO IT SUMMER, YOU WOULD DO IT SPRING BREAK, HOLIDAY BREAK. YOU WOULD DO IT ON WEEKENDS? YEAH. SO DURING THE WEEK WHILE SCHOOL IS IN, YOU WILL NOT BE DOING CHILDCARE? UM, I CAN, WELL IT'S NOT ABOUT WHETHER YOU CAN, BECAUSE I'M GONNA, I'M GONNA BE, I I'M GONNA BE WORKING THROUGH MOUNTAIN HEARTS SO LIKE I JUST WANT TO GET IT STARTED THAT WAY. BUT AS I GO ALONG, I'M GONNA BE DOING MORE. OKAY. SO JUST SO YOU UNDERSTAND, THE WAY THAT APPROVALS WORK IS YOU COME TO US WITH YOUR PLAN AND WE APPROVE OR DENY IT. SO YOU HAVE TO COME TO US WITH YOUR FULL PLAN. IF YOU'RE GONNA DO IT SEVEN DAYS A WEEK ALL THE TIME, THEN YOU TELL US YOU'RE GONNA DO IT SEVEN DAYS A WEEK. IF YOU SAY ONLY HOLIDAYS AND SPRING BREAK AND SUMMERS, THEN WE'RE GONNA BASE IT OFF THAT DECISION. OKAY? SO WILL YOU BE DOING IT SEVEN DAYS A WEEK ALL YEAR LONG OR ARE WE STILL JUST TALKING ABOUT SUMMER? YES MA'AM. I CAN DO IT SEVEN DAYS A WEEK ALL YEAR LONG. I MEAN, I'VE DONE IT BEFORE. YES. YES MA'AM. CAN YOU PLEASE, ARE YOU SPEAKING FROM THE GALLERY? CAN YOU STEP FORWARD? YES. UM, SO IS THIS GONNA BE YOUR DAYCARE? 'CAUSE YOU'VE BEEN HERE BEFORE? YEAH, I'M HELPING HER. SHE WANTS TO OPEN HER OWN DAYCARE, SO I'M HER. OKAY. WELL, WELL YOU, YOU CAN'T SPEAK TILL YOU STATE YOUR NAME, ADDRESS AND YOU'RE SWORN IN. YEAH. SORRY, RAISE. SO NAME AND ADDRESS PLEASE. RASHIDA YOS. ADDRESS, 50 PROSPECT AVENUE, BUNKER HILL, WEST VIRGINIA. RAISE YOUR RIGHT HAND. YOU SWEAR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH. I DO. ALRIGHT. SO SARAH WOULD LIKE TO OPERATE A DAYCARE, BUT SHE'S STARTING A LITTLE BIT. OF COURSE WE ARE APPLYING FOR A FULL BLAST SEVEN DAYS A WEEK, 6:00 AM TO 6:00 PM AND, UH, SHE WILL START SMALL BECAUSE SHE'S STILL, UH, LEARNING AND, UH, GOING TO DO THIS. AND THE CAPACITY IS SMALL, LIKE ABOUT 12, 11 OR 12 KIDS. THAT'S ALL. SO SHE'S JUST GONNA HELP OUT KIDS THAT WILL NOT HAVE SCHOOL. UM, AND THEN THEY, SOMETIMES DAYCARE DON'T HAVE ENOUGH SPACE BECAUSE THEY ONLY HAVE BEFORE AND AFTER. AND THEN IN THE MIDDLE IS THE PERMANENT KIDS. SO SHE'S GONNA COME IN AND ACT AS LIKE A BACKUP IF THERE ARE KIDS THAT ARE NOT IN DAYCARE, BUT THE SCHOOL CLOSED AND PARENTS WILL HAVE TO WORK, SHE WILL BE AVAILABLE. SO YES, WITH MOUNTAIN HEART, SHE'S APPLYING FULL DAY MONDAY TO SUNDAY, 7:00 AM TO SEVEN, UH, 6:00 AM TO 6:00 PM OKAY. AND THEN, SO MY NEXT QUESTION IS, YOU SAID 12 KIDS. I THOUGHT IN-HOME WAS ONLY SIX. UH, HER, UH, CAPACITY IS APPROVED FOR LIKE A FACILITY. THE, OKAY, SO SHE'S NOT DOING IN-HOME, SHE'S DOING FACILITY. FACILITY. CORRECT. THAT'S DIFFERENT THAN AN IN-HOME. IT'S IN-HOME FACILITY. CHILD. WHAT? IT'S, IT'S IN-HOME FACILITY, CHILD CARE FACILITY. YOU LIVE ON THE, ON THE PROPERTY THAT YOU'RE GONNA DO IT AT. BUT AS FAR AS THE STATE'S CONCERNED, IT'S CONSIDERED A FACILITY, NOT AN IN-HOME CHILDCARE. YES. IN-HOME CHILDCARE IS SIX CHILDREN. RIGHT. SO A FACILITY ALLOWS 12. YES. WHICH HAS DIFFERENT WITH EXTRA STAFF, WHICH MEANS YOU WOULD HAVE TO HAVE STAFF AS WELL. I DO, YES MA'AM. OKAY. SO THIS IS A LITTLE DIFFERENT THAN WHAT I THOUGHT, BUT NOT A PROBLEM. I'M JUST SAYING IT'S JUST A LITTLE DIFFERENT. THIS IS WHY WE ASK QUESTIONS. YES, NO PROBLEM. UH, AND, AND I AM VERY CLOSE WITH HER, UH, PAPERWORK OR I, I'M NOT RUNNING IT 'CAUSE I HAVE MINE, BUT, UH, I AM, UH, HELPING HER OUT. OKAY. I DID, YEAH, GO AHEAD. MAY I? YEAH, GO AHEAD. I WAS ASKING A MILLION QUESTIONS. SORRY, LIKE, I'M JUST LIKE THROWING YOU ALL OUTTA WHACK HERE. I I DO HAVE A QUESTION BECAUSE I THOUGHT I READ IN THERE THAT YOU DO NOT LIVE AT THE HOME AND THAT YOU WERE SAYING YOU COULD MOVE THERE IF YOU HAVE TO. NO, I'M, SO I'M STILL TRYING TO DECIDE IS THIS AN AT HOME DAYCARE OR IS THIS YOU'RE MAKING APPLICATION FOR A FACILITY? 'CAUSE I'M CONFUSED. I DID MOVE IN THERE. THERE
[50:01] ARE TWO STORIES. SO THE SECOND FLOOR IS WHERE SHE AND HER HUSBAND LIVES. AND UH, THEY DON'T HAVE CHILDREN LIVING WITH THEM. ALL THE CHILDREN ARE GROWN UP AND MOVE, BUT THE FLOOR HAS ENOUGH SPACE FOR 12 KIDS. SO THERE'S ENOUGH SQUARE FOOTAGE AND THERE'S ENOUGH OUTSIDE SQUARE FOOTAGE 'CAUSE IT REQUIRES SO MUCH PER SQUARE FOOT PER KID IN THE YARD AND ALL THAT. YEAH. OKAY. THANK YOU. SORRY. YOU'RE WELCOME. NO, THAT'S OKAY. UH, OKAY. ANYBODY ELSE HAVE ANY QUESTIONS? SORRY, I THINK I BEAT 'EM UP A LITTLE BIT. . THAT'S ALL RIGHT. UM, NOT INTENTIONALLY. SORRY. I GUESS MY ONLY QUESTION IS IN TERMS OF THE PICKUP AND DROP OFF, UM, WHERE WILL THE, WHERE WILL THE PARENTS, IS THERE SPACE FOR THEM TO DO THAT? UM, IS, UM, YEAH, DURING THE WEEK THERE ARE A LOT OF PEOPLE THAT ARE WORKING. SO PEOPLE COME IN, GO OUT THE STREET PARKING. WHAT ABOUT WEEKENDS? BECAUSE YOU SAID MOST OF IT'S GONNA BE DONE ON THE WEEKENDS. YEAH. UM, THE WEEKENDS AREN'T THAT BAD LIKE CHURCHES AND THEY'RE A LOT OF PEOPLE IN CHURCHES AND STUFF IN THE MORNINGS AND STUFF LIKE THAT. SO HOW MANY, I GUESS DO YOU ANTICIPATE THE, IS IT GONNA BE A CRUNCH WHERE ALL OF A SUDDEN AT SIX EVERYBODY SHOWS UP? OR HOW IS IT TYPICALLY? UM, THEY DROP OFF BETWEEN SIX TO EIGHT. UH, EIGHT IS LIKE EIGHT OR EIGHT 30. USUALLY THE CUTOFF TIME. UH, SO WE KNOW WHEN TO HAVE STAFFING. UH, SO I WOULD SAY THEY DROP, UH, BECAUSE OF THE SITUATION. UH, THE HOUSE IS VERY NEARBY, THE ENTRANCE, SO I UNDERSTAND THE PARKING AND I TALK TO HER ABOUT IT. SO WE DID, UH, DISCUSS THAT IN THE MORNING. ONE PERSON WILL BE AT THE FRONT PORCH WHERE PARENTS DROP THE KIDS OFF, GET THE KIDS IN AND GO OFF, DON'T EVEN HAVE TO PARK, LIKE DO A BLINKER. WE RECEIVE THE KIDS AND THEN EIGHT 30, NO DROP OFF, SOMETHING LIKE THAT. UH, AND SHE WON'T GET MANY KIDS. WE HAVE 12, BUT YOU KNOW, WE WILL KEEP IT WITHIN LESS CAPACITY UNTIL SHE HAS, UM, MORE STAFF CONFIGURED. OTHERWISE, IT'S JUST GONNA BE HER AND HER HUSBAND. I'M JUST HELPING WITH PAPERWORK. THAT'S ALL. I WON'T BE, SO THERE'S NO PARKING LOT OR ANY OFF STREET PARKING? WE HAVE SOME IN THE BACK. WE'RE GONNA, UM, WE'RE CLEANED OUT. WE CLEANED OUT A AREA AND THEY CAN COME THROUGH THE BACK TOO. WE HAVE WHERE THEY CAN COME THROUGH THE BACK GATE. IF I HAVE TO GO TO THE BACK, IF I HAVE TO MEET 'EM AT THE BACK, THEY CAN JUST DROP 'EM AND I CAN BRING 'EM THROUGH. BRING 'EM ONE IN. IT'S PROBABLY THE OFF STREET PARKING. I'M GOING TO SAY OTHER UNTIL IT'S DONE. WE CAN'T HAVE THAT IN IT. UM, I THINK THAT'D BE EASIER. YEAH. OKAY. I HAVE A QUESTION. YES MA'AM. WHEN DID YOU MOVE IN? UM, IT WAS LIKE ABOUT A WEEK AFTER I WAS TOLD I HAD TO LIKE, SHE LIVES, I JUST, THEY HAVE A FEW PROPERTY. YEAH. SO, AND BECAUSE SHE WANTS TO MAKE IT WORK, SO THE PROPERTY SHE SHARED WITH HER SISTER-IN-LAW. SO THEN WHEN SHE WAS TOLD THAT, YOU KNOW, AT, AND SHE WAS VERY HONEST 'CAUSE I TOLD HER DON'T LIE ANYTHING. SO WHEN SHE WAS TOLD THAT IF YOU WANNA MAKE A HOME DAYCARE, YOU KNOW, ARE YOU LIVING THERE? AND SHE SAID, WE GO BACK AND FORTH. I DON'T HAVE, I, SHE DOESN'T SLEEP THAT WHOLE WEEK. YOU KNOW, SHE WILL GO THERE, WORK ON THE RENOVATION, SLEEP THERE TWO, THREE DAYS AND THEN GO BACK TO HER SISTER'S HOUSE, SISTER-IN-LAW. BUT BECAUSE SHE'S GONNA DO THE DAYCARE, SHE'S GONNA HAVE TO BE THERE ALL THE TIME. AND THAT'S HER HOUSE. SO SHE MOVED IN. UH, BUT BEFORE THAT, SHE WASN'T STAYING THERE PERMANENT. IT WAS HER HOME, BUT IT WASN'T RENTED OUT. SO THEY KIND OF LIKE BACK AND FORTH, BACK AND FORTH. NOW SHE'S SETTLING 'CAUSE SHE HAS TO, YOU KNOW, IT'S INCONVENIENT FOR HER TO NOT LIVE THERE. IF SHE WERE TO MANAGE THE DAYCARE, I MEAN IT'S, IT'S, IT'S HER HOUSE. SO, OKAY. WE, WE CAN'T USE THE SECOND FLOOR BECAUSE WE HAVE TO PUT THE STAIRCASE OUT. SO SHE HAS TO MAKE SURE THAT IT'S ONLY ON THE FIRST FLOOR AND THERE'S ONLY TWO OF THE DAYCARE CAN ONLY REMAIN ON THE FIRST FLOOR. YEAH. YEAH. AND THERE'S ONLY TWO OF THEM. SO YEAH. DO YOU HAVE A QUESTION? IS THE FACILITY CHILDCARE EXCEPTION THE SAME AS THE HOME CHILDCARE EXCEPTION? FROM OUR STANDPOINT, IT'S COMPLETELY DIFFERENT, RIGHT? YEAH. FACILITY REQUIRES LIKE, UM, PEST CONTROL, HEALTH DEPARTMENT LICENSE, ALL THAT STUFF WHERE HOME AND CARE DOES NOT REQUIRE, HEALTH DEPARTMENT DOESN'T REQUIRE PEST CONTROL, ALL THAT STUFF. SO IT IS MORE STRICT. YES. YEAH. BUT THEY'RE BOTH ALLOWED BY AS A SPECIAL EXCEPTION. SPECIAL EXCEPT YEAH, EITHER ONE. YEAH. BOTH ARE, AND THE AT HOME IS SIX TO 12 FROM WHAT WE HAVE NOTED DOWN ON STAFF ANALYSIS. YES, THAT IS CORRECT. SIX TO 12 WHAT? SIX IS 13. SEVEN TO 12. WELL, SIX TO, YEAH. SIX TO 13 CHILDREN UNDER THE ZONING DEFINITION OF HOME CHILDCARE, IT'S ONLY SEVEN TO 12. OKAY. 13 AND
[55:01] 13. AND UP DAYCARE, THAT'S, THAT'S IN HOME. YES MA'AM. SO, OKAY. BUT THE STATE DOESN'T ALLOW MORE THAN SIX FOR IN-HOME? NO, IN-HOME THEY DO THIS. I'M WORKING, I HAVE A MONITOR THROUGH DHHR AND I'M WORKING THROUGH HER AND SHE IS SEVEN TO 12 AND 13 UP. 13 AND UP IS DAYCARE. SEVEN TO 12 IS IN-HOME. YEAH, WE'RE NOT TALKING ABOUT THAT. WE'RE TALKING ABOUT THE, THE QUANTITY. SO GIVE US, GIVE US A SECOND. OH, I'M SORRY. NO, YOU'RE GOOD. BUT THE CAPACITY ZONING TO 12. YEAH, I KNOW. BUT OKAY, SO THE ZONING ORDINANCE ALLOWS FOR IN-HOME TO BE UP TO 13, RIGHT? FACILITIES CAN BE IN-HOME AS WELL. MM-HMM . MM-HMM . YOU KNOW WHAT I MEAN? BUT AS FAR AS THE STATE'S CONCERNED, THEY'RE LABELED IN-HOME CHILDCARE OR IN-HOME FACILITY. CORRECT. SO SHE'S PROPOSING A FACILITY IN-HOME FACILITY AS FAR AS STATE REGULATES, BUT IT FALLS IN YOUR IN HOME CATEGORY AND STILL ALLOWS UP TO 13 IS WHAT YOU'RE SAYING? WELL, I MEAN SIX TO 12. YEAH. FEWER 13. IT'S NOT ALLOWED UP TO 13. IT'S ONLY ALLOWED UP TO 12. NO FEWER. WE'RE WE'RE TALKING ABOUT SOMETHING DIFFERENT. SIX TO 12. I I GET CONFUSED. I'M SORRY. YOU'RE GOOD. OKAY. SO SHE'S, SHE'S SHE'S WITHIN THE RIGHTS FOR THE ZONING ORDINANCE AT 12? YES. OKAY. FOR THE HOME CHILDCARE. YES. YES. OKAY. SO HOW MANY OF THE PROPERTIES DO YOU HAVE? HOW MANY DO I HAVE? I OWN ANOTHER HOUSE UP ON HIGH STREET AND MY SISTER-IN-LAW, SHE OWNS LIKE 25 HOUSES I THINK IT IS. SOMETHING LIKE THAT. OKAY. ANY OTHER QUESTIONS CURRENTLY BEFORE WE MOVE ON TO STAFF? I DON'T HAVE ANY QUESTIONS. NO. OKAY. STAFF REPORT THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TO TABLE 4.01 OF THE MARTINSBURG ZONING ORDINANCE TO ALLOW FOR HOME CHILDCARE IN THE DOWNTOWN DISTRICT. DT FOUR. THE APPLICANT IS PROPOSING TO ESTABLISH WELCOME LITTLE ONE'S IN-HOME DAYCARE IN THIS APPROXIMATELY 1800 SQUARE FOOT RESIDENTIAL STRUCTURE. HOME CHILDCARE IS DEFINED AS MORE THAN SIX AND FEWER THAN 13 WITH THE CARE TO BE PROVIDED IN THE HOME OF THE CAREGIVER. AT THE TIME OF THE STAFF REPORT, THE APPLICANT DID NOT RESIDE IN THE HOME. UM, BUT WE HAVE BEEN INFORMED THAT THEY DO CURRENTLY RESIDE IN THE PROPERTY. UM, STAFF CALLED THE WEST VIRGINIA APARTMENT OF HUMAN SERVICES TO CONFIRM THAT THE APPLICANT WAS PROPERLY LICENSED WITHIN THE STATE AND THEY CONFIRMED THAT THE LICENSE HAS BEEN APPROVED. NOTABLE INFORMATION, THE PROPERTY IS ZONED DOWNTOWN SO THERE ARE NO PARKING REQUIREMENTS. HOWEVER, THERE IS LIMITED ON STREET PARKING AVAILABLE FOR PICKUP AND DROP OFF THE PROPERTY MUST HAVE A FENCED OUTDOOR PLAY AREA AND ONE IS CURRENTLY ESTABLISHED. THE APPLICANT MUST MEET ALL APPLICABLE PROVISIONS OF THE WEST VIRGINIA CODE CHAPTER 49 DASH TWO DASH ONE 13 AND RELATED FEDERAL AND STATE CODES. THE CITY ENGINEER DASH PLANNING DIRECTOR OR DESIGNEE SHALL HAVE THE DISCRETION TO REVOKE A USE AND OCCUPANCY PERMIT FOR HOME CHILDCARE IF SUCH A USE IS A NUISANCE TO NEIGHBORING PROPERTIES. PERFECT. DO WE HAVE ANY QUESTIONS FOR STAFF OR THE APPLICANT? IS THERE ANY PARKING OUT BACK OR IS IT PURELY ON THE STREET? UM, THERE IS A LITTLE BIT OUT BACK. IS THERE? IT'S LIKE YOU CAN DO TWO OR THREE CARS, BUT YOU HAVE TO LIKE, WHEN YOU'RE PULLING, OH, I'M SORRY. WHEN YOU'RE PULLING IN, YOU HAVE TO, TO BACK IN. LIKE YOU GOTTA BACK UP A LITTLE BIT. SO WOULD YOUR PLAN TO BE HAVE, HAVE, BE PICKED UP ON THE STREET OR OUT BACK? I'D SAY ON THE, OFF THE STREET BECAUSE IT, IT'S WAY EASIER. I CAN COME OUT AND HELP THE PARENT AND BRING THE CHILDREN IN. COULD YOU NOT HELP THE PARENT OUT THE BACK TOO OR, I'M JUST TRYING TO THINK ABOUT A STREET. I COULD DO THAT TOO. CARS? YEAH. WELL, AND MY ONLY THOUGHT WITH THAT IS IT BEING A ONE-WAY STREET. YEAH. THAT SEEMS LIKE A PROBLEM. IT'S ONLY GOT ENOUGH ROOM FOR ONE CAR BECAUSE EVERYBODY PARKS ON BOTH SIDES. SO YOU KNOW, IF THEY STOP IN THE MIDDLE OF THE STREET, THAT'S GONNA RESTRICT TRAFFIC FLOW. THE EVENING WON'T BE THAT, THAT BAD. AND THE EVENING ALSO, LIKE MOST OF THEM, UH, PICK UP LIKE BETWEEN 5, 4 30 OR FIVE UNTIL LIKE SIX. UH, AND UH, YOU ARE RIGHT. PEOPLE SOMETIMES ARE MOSTLY HOME. SO LIKE, WELL AND THE BOYS AND GIRLS CLUB IS DOWN THERE. SO A LOT OF PEOPLE GO AT THAT TIME TO PICK UP KIDS AT THE BOYS AND GIRLS CLUB. YES, YOU ARE RIGHT. THAT'S PERFECT TIMING FOR THE BOYS AND GIRLS. 'CAUSE THEY DON'T EVEN LET THE KIDS OUT UNTIL LIKE FOUR 30. NO, THEY'LL BE ALREADY ALIGNED. SO FOUR 30 TO SEVEN IS PICK DURING SCHOOL? YEP. YEP. JUST SAYING. SO I THINK IT THAT THAT WOULD THE BE THE ONLY THING THAT I SEE IS RESTRICTING TRAFFIC FLOW. UM, SHE CAN IMPROVISE IN THE LONG RUN WITH PICKUP FROM THE BOYS AND GIRLS CLUB. 'CAUSE THEY DON'T DO BEFORE SCHOOL. IT WOULD JUST BE, YOU KNOW WHAT I MEAN? MM-HMM. BECAUSE THERE IS A LOT OF PEOPLE THAT GO AROUND THAT TIME. MM-HMM. THAT'S MY ONLY THOUGHT. SO IT MIGHT BE BETTER TO HAVE 'EM PARK IN THE BACK. MM-HMM. YEAH. MAYBE DROP OFF IN THE FRONT AND PICK UP WILL TELL THEM TO, WELL, DROP OFF IS A LOT SIMPLER TOO, WHERE YOU CAN JUST DROP 'EM OFF, YOU KNOW. WELL
[1:00:01] HOW DO YOU ACCESS THE BACK GO AND PULL OFF. BUT THE BACK, THEY GOTTA GET OUT. THEY GOTTA SIGN THEIR KIDS OUT. THAT'S A PROCESS. SO PARKING IN THE MIDDLE OF THE STREET TO ACTUALLY GET OUT, SIGN YOUR PAPER, GET THEIR KIDS, GET 'EM IN THE CAR, YOU KNOW WHAT I MEAN? MM-HMM . THAT'S GONNA RESTRICT TRAFFIC FLOW. , MY QUESTION IS, WHERE'S THE INGRESS EGRESS IN THE BACK? HOW DO YOU ACCESS THE BACK? UM, YOU CAN GO THROUGH THE GATE OF THE FENCE AND IT'S RIGHT THERE. I MEAN, NO, THE ROAD WHAT OF VEHICLE? WHAT IS THE ROAD THAT GO INTO THE BACK? THE ROAD IT'S OFF OF. UM, OH, WHAT IS IT? UM, IT'S WHERE THE BUILDING IS. UM, IT'S A SMALL ALLEY THAT GOES BESIDE THE, UM, COUNTY'S ADMINISTRATIVE BUILDING, THE BUILDING THE SHERIFF. SO IT'S A PUBLIC ALLEY? YES, YES MA'AM. BUT SMALL. IT'S, IT'S NARROW, A NARROW BACK THERE AND HAVE TO GO THROUGH THE PARKING LOT TO GET TO THE REAR ALLEY. YOU HAVE TO GO THROUGH THE, THE COUNTY'S PARKING LOT, THE COUNTY'S PARKING LOT WHAT OFF OF RALEIGH? YES. MM-HMM . THROUGH THE PARKING LOT AND INTO THAT LITTLE, AND THEN INTO WHERE THE PARCEL END STARTS. A SMALL ALLEY GOING BEHIND THE RESIDENCE THERE. OKAY. I KNOW EXACTLY. OKAY. YEAH, IT'S QUITE NARROW, BUT IT'S WORK. SO IT'S PROBABLY ONE OF THE SMALL, LIKE 15 FOOT ALLEYS OR SOMETHING. NOBODY ACCESSED THAT. IT'S THE LITTLE ONE. DO CARS GO IN AND OUT OF THAT OR NO, IT'S JUST LIKE, I WOULD SAY IT'S NOT ENOUGH ROOM FOR TWO CARS. AND WOULD THAT BE AN ISSUE GOING THROUGH THE COUNTY PARKING LOT THROUGHOUT THE DAY WITH PARKING AND ALL OF THAT? LIKE GETTING IN AND OUT, LIKE CARS COMING UP? LIKE WOULD THERE BE AN ISSUE WITH CARS PARKING IN THE COUNTY LOT DURING THE DAY HOURS? WE DON'T KNOW. UM, I GUESS SHE HASN'T ANTICIPATE THAT BECAUSE SHE'S ALSO A NEW HABIT OVER THERE. SHE HAS NOT BEEN STAYING THERE FOR A WHILE, SO I DON'T KNOW. SHE DIDN'T TELL THAT. DO YOU THINK THAT'S GONNA BE A PROBLEM OR I, THROUGH THERE SOMETIMES MYSELF, YOU KNOW MM-HMM . AND IT'S NOT THAT HARD. I JUST GO PARK, IT'S ENOUGH FOR LIKE TWO CARS, TWO OR THREE CARS AND YOU CAN JUST HAVE TO BACK UP AND, AND THEN GO OUT AROUND. I MEAN, SHE WON'T ANTICIPATE A RUSH, ALTHOUGH SHE HAS 12 CAPACITY. BUT AGAIN, YOU KNOW, IT'S BETWEEN HER AND HER HUSBAND. I DON'T THINK SHE'S GONNA TAKE MORE KIDS IF THERE'S NOT ENOUGH PEOPLE. SO I WOULD SAY USUALLY ONE PERSON, IT'S LIKE ABOUT FOUR, FOUR KIDS. I JUST WANTED TO MAKE NOTE OF THAT BECAUSE THEY HAVE TOWING REQUIREMENTS THERE IN THAT PARKING LOT. SO I WANTED TO BRING THAT UP TO YOU. THAT'S SOMETHING YOU HAVE TO LOOK INTO. OKAY. ANY OTHER QUESTIONS FOR STAFF OR THE APPLICANT BEFORE WE DO THE PUBLIC PORTION? A QUESTION? NO, THANK YOU. OKAY. ALL RIGHT. SO WE WILL OPEN THE PUBLIC PORTION. ANYBODY WISHING TO SPEAK IN FAVOR OF THE APPLICANT, PLEASE COME FORWARD. LET THE RECORD SHOW NOBODY COMING FORWARD, ANYBODY WISHING TO SPEAK. AGAINST THE APPLICANT. PLEASE COME FORWARD. AGAIN, NOBODY COMING FORWARD. THE PUBLIC PORTION IS NOW CLOSED. OKAY, LET ME, PAGE 22. THAT'S WHAT I'M LOOKING FOR HERE. THERE WE GO. ALL RIGHT. SO IN ORDER TO GRANT A SPECIAL EXCEPTION, WE DO HAVE TO GO THROUGH THE POINTS OF A SPECIAL EXCEPTION. ANY QUESTIONS BEFORE WE GO THROUGH THESE? NO. OKAY. NUMBER ONE, THE PROPOSED USE IS IN HARMONY WITH THE PURPOSE AND INTENT OF THE CO CITY COMPREHENSIVE PLAN AND OF THIS ORDINANCE. EVERYBODY AGREE? I AGREE. OKAY. THE LOCATION AND SIZE OF THE USE, THE NATURE AND INTENSITY OF THE OPERATIONS INVOLVED IN ARE CONDUCTED IN CONNECTION WITH IT. THE SIZE OF THE SITE IN RELATION TO IT AND THE LOCATION OF THE SITE WITH RESPECTS TO STREETS GIVING ACCESS TO IT, ARE SUCH THAT IT WILL BE IN HARMONY WITH THE APPROPRIATE AND ORDERLY DEVELOPMENT OF THE ZONING DISTRICT IN WHICH IT IS LOCATED. EVERYBODY AGREE? EVERYBODY'S BEING QUIET. IS THERE AN AGREEMENT OR DISAGREEMENT? I THINK EVERYBODY IS THINKING. I THINK WE'RE THINKING, YES. YEAH, IT'S UNDERSTANDABLE. YOU KNOW WHAT, WHICHEVER IT IS, IT'S, IT'S NO PROBLEM. WE JUST, I JUST HELP HER OUT AND SO, OKAY. YEAH. UM, I'D PROBABLY SAY A ROLL CALL ON THIS ONE. CARTER? DISAGREE. SO YOUR ANSWER'S NO. NO. OKAY. ANDREA? NO. BRENDA? I WOULD BE COMFORTABLE WITH A LESSER NUMBER SUCH AS SIX TO EIGHT.
[1:05:01] REALLY? SIX. I JUST DON'T SEE GIVEN, GIVEN THE STREET ACCESS, I MEAN, I THINK MAYBE YOU COULD HANDLE SIX, BUT I DON'T THINK 12 COMING AND GOING. I THINK THAT WOULD BE TOO MUCH FOR JOHN STREET. SO IS YOUR ANSWER NO OR YES? YES. UH, NO. , I GUESS NO. MONIQUE? NO. MARY? NO. OKAY. THE LOCATION, NATURE AND HEIGHT OF BUILDINGS, WALLS, AND FENCES AND THE NATURE AND EXTENT OF THE LANDSCAPING ON THE SITE ARE SUCH THAT IT WILL, THAT THE USE WILL NOT HINDER OR DISCOURAGE THE APPROPRIATE DEVELOPMENT AND USE OF ADJACENT LAND AND BUILDINGS. CARTER? YES. ANDREA? NO. BRENDA? I AGREE. MONIQUE, I AGREE. MARY, NO OPERATIONS IN CONNECTION WITH ANY SPECIAL USE WILL NOT BE MORE OBJECTIONABLE TO NEARBY PROPERTIES BY REASON OF NOISE, FUMES, VIBRATION, OR OTHER CHARACTERISTICS THAN WOULD BE THE OPERATIONS OF ANY PERMITTED USE. NOT REQUIRING A SPECIAL PERMIT. CARTER? YES. ANDREA? NO. BRENDA? I AGREE. MONIQUE. I AGREE. MARY. YES. PARKING AREAS WILL BE OF ADEQUATE SIZE FOR THE PARTICULAR USE, PROPERLY LOCATED AND SUITABLY SCREEN FROM ADJOINING RESIDENTIAL USES, AND THE ENTRANCE AND EXIT DRIVE SHALL BE LAID OUT SO AS TO ACHIEVE MAXIMUM SAFETY. I WOULD SAY THIS ONE ISN'T, DOESN'T REALLY PERTAIN, DOES IT? IF IT'S DOWNTOWN, THERE'S NO PARKING REQUIREMENTS, RIGHT? NO PARKING REQUIREMENTS. SO THIS ONE JUST DOESN'T APPLY TECHNICALLY, RIGHT? YEAH, BUT WE DO, SEE, I'M JUST GONNA CALL IT WE DO SEE MAXIMUM SAFETY IN THAT, IN THAT WE HAVE KIDS. I DON'T KNOW WHAT AGES THE KIDS ARE I THEY'RE GONNA RANGE. YEAH. SO WE DID VOTE ON THAT. I WOULD SAY NO. BUT IF IT'S DOWNTOWN, THERE'S NO RESTRICTION, THEN THERE'S NO RESTRICTION. IT DOESN'T MATTER EITHER WAY. YEAH. EVERYBODY AGREE WITH THAT? YES. OKAY. PUBLIC UTILITY SERVICE, ELECTRICITY, SEWAGE, STORM DRAINAGE AND WATER WILL BE ADEQUATE TO SERVICE THE PROPOSED USE AND WILL HAVE SUITABLE ACCESS THERETO. AND THE PROPOSAL WILL NOT OVERBURDEN EXISTING FACILITIES OR ANY ONSITE WATER SUPPLY, SEWAGE TREATMENT, OR STORM DRAINAGE DISPOSAL SYSTEM WILL BE ADEQUATE TO SERVICE THEIR PROPOSED USE. CARTER? YES. ANDREA? YES. BRENDA? YES. MONIQUE? YES. MARY? YES. OKAY. WE HAVE GONE THROUGH ALL THE POINTS. WE DID NOT MEET ALL THE POINTS. NO. SO I WILL ENTERTAIN A MOTION AND AGAIN, MAKE SURE THE MOTION IS IN THE POSITIVE. I MAKE THE MOTION TO APPROVE THE SPECIAL EXCEPTION. THAT'S HOW WE DO THAT IN THE POSITIVE. I MAKE THE MOTION TO APPROVE THE SPECIAL EXCEPTION. OKAY. I HAVE A MOTION. DO I HAVE A SECOND? SECOND MOTION AND A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE. ALL OPPOSED? SAME SIGN. NAY. NAY? NO. OKAY. THE MOTION DID NOT PASS. YOU WILL GET A LETTER FROM THE CITY WITHIN 30 DAYS. YOU DO HAVE THE RIGHT TO APPEAL THE DECISION FROM THE CITY. ALL APPEALS GO STRAIGHT TO THE CIRCUIT COURT. SO IF YOU WANNA DO SO, YOU'LL HAVE TO REACH OUT TO THE CITY TO GET THE PAPERWORK THAT YOU NEED. CAN, CAN I AT LEAST DO SIX? I'M SORRY, BUT IT IS NOW CLOSED. I DO THE DOUBLE OVER AGAIN. THAT'S OKAY. IT'S ALL RIGHT TO TRY. OKAY. NO DISCUSSION. ACTION ITEMS. NO OTHER BUSINESS. I'LL ENTERTAIN A MOTION TO ADJOURN. MOTION A SECOND. ALL RIGHT. ALL IN FAVOR? AYE. AYE. ALL OPPOSED? MOTION CARRIES. WORD ADJOURNED. YES. AM I DONE? YES.