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Event transcript
67 I would not have done it. 00:00:00
So last time I was having a bunch of things. 00:00:10
Yeah, the same as everything else. 00:00:31
Yeah. 00:00:54
OK. Good evening, everybody. It is 5:00 by my. 00:01:03
On my tablet here, not by my watch. 00:01:08
Want to welcome everybody to tonight's Floyd County Board of Zoning Appeals meeting. 00:01:10
This Monday afternoon, August the 11th. 00:01:15
It's 5:00. 00:01:18
We will call the meeting to order and begin with roll call. 00:01:20
Here, here, here. 00:01:24
Here. 00:01:28
Here. OK, we have a full board this evening. We'll move into the minutes of our. 00:01:29
Last meeting? Excuse me. 00:01:37
The minutes were circulated. 00:01:40
And I would entertain any. 00:01:43
Comments, questions, or additions? 00:01:46
I'll make a motion to approve as presented. 00:01:48
OK, we have a motion. Do we have a second? 00:01:50
Second motion and 2nd all those in favor signify by saying aye. Any opposed like signed. 00:01:52
I old business. 00:01:58
So last month's meeting. 00:02:03
We held the meeting to. 00:02:05
Table the two agenda items. 00:02:07
And so. 00:02:10
The agenda items for this evening are will fall under the old business category. 00:02:12
I do not believe we have any new business to come before the board this evening, so we will begin. 00:02:17
With agenda. 00:02:22
One which is FC-06-205-13A conditional use application. 00:02:24
And I believe Ray is going to come and give us the staff report an update on this request. 00:02:32
Good evening. 00:02:39
First item on the agenda. 00:02:40
As our Bills has just stated is FC-06-205-13. 00:02:42
Petitioners Gabriel Anderson Location is 215 Old Corner Ridge Rd. located in New Albany, IN. 00:02:48
Zip code 47150. 00:02:54
Parcel ID, 2202. 00:02:56
AT00-100-24. 00:02:59
.000 Dash 002. 00:03:03
The request is a conditional use for short term vacation rental and the zoning district. 00:03:05
The properties located in his agricultural residential. So I'll just go ahead and overview. So the applicant is requesting the 00:03:10
conditions permit uses. 00:03:14
She's a single family dwelling as a short term room for vacation rental companies Airbnb verbal. 00:03:19
The subject property is a 2.34 acre lot assessed from Old Cordon Ridge Rd. Future. 00:03:24
1729 square foot home. 00:03:29
But three bedrooms and three bathrooms? 00:03:32
Property has its own driveway is about 207 feet. 00:03:34
Give or take right away. 00:03:37
The applicant has indicated that he travels frequently, leaving home unoccupied for extended periods. 00:03:39
To make use of the property during his absence, he's proposing to operate as a short term rent. 00:03:44
This application includes the house rules for guests along the photographs of both the interior and exterior valves. 00:03:49
Adjacent Properties All properties surrounding the subject properties. Arkansas. 00:03:55
With the exception of a residence southwest of the property, which is on residential urban. 00:03:59
There are residence is located to the West and South of the property with property east of the residence consists of vacant land. 00:04:04
The residents of the East is 14.68. 00:04:09
Sorry, 1416 acres. 00:04:12
The residents The South is 1.23 acres. 00:04:14
There's also a 0.20 acre parcel just in front of the home that contains the storage bill. 00:04:17
Now I'm going to go into the staff comments. 00:04:22
So #1 conditional use will not be serious to the public health, safety, morals, the general welfare of the community. 00:04:24
The short term rental will not inhibit the provision of emergency services to the existing structure for neighboring properties, 00:04:30
the single family residential bond. 00:04:34
Is already existing and the proposed use would not be significantly different in use. 00:04:37
Additionally, the proposed use will be used periodically and applicant included house rules to ensure the guests are not 00:04:41
burdensome. 00:04:44
Or disruptive to surrounding residences. 00:04:47
And are mindful of property. 00:04:49
Floyd County Health Department has indicated no issues with the septic system as additional bedrooms will not be added to the 00:04:51
property. 00:04:53
#2 the use and value of the area adjacent to the property. 00:04:56
Included in various will not be affected in a substantially adverse. 00:04:59
Proposed use will not be an instrument to the areas. Applicant will only be using the residents. 00:05:04
For the post, use while he's traveling and the use will stay relatively similar. 00:05:08
To its current use as a residence. The residence is also located in a relatively remote area. 00:05:11
But the nearest residents being 120 feet away. 00:05:16
Abhinav also mentioned that the revenue generated from the short term earnings will allow him to make improvements to the 00:05:18
residents with. 00:05:21
Which could increase the property value of the home and surrounding residences. 00:05:24
As long as the guests slash tenants abide by the house rule, staff sees no reason. 00:05:28
As to how the pros will negatively affect the use and value of adjacent departments. 00:05:33
#3. 00:05:37
The need for the conditional use does result from conditions unusual or peculiar to the subject property. I made amendment there. 00:05:39
The need for the conditional use does result from the owners intent to use it in a way not currently permitted by right and zoning 00:05:46
district AR as stipulated in the land use matrix in the Floyd County Zoning ordinance as it is a conditionally. 00:05:52
For the strict application of the terms of the zoning ordinance would result in a necessary hardship the use of the property. 00:05:58
These proposed uses conditional use described in the zoning ordinance. It requires approval. 00:06:05
And #5 approval of the. 00:06:11
Conditionally will not contradict the goals and objectives of Floyd County. 00:06:13
Comprehensive plan because. 00:06:17
Use the lines with the Smart growth principles. 00:06:19
Outlined in the comprehensive plan. 00:06:22
By utilizing his residence as a short term rental during periods of absence. 00:06:24
Rather than purchasing a separate property solely for that purpose. 00:06:27
Applicant is not only promoting efficient land use, also contributing to the local economy. 00:06:31
By attracting guests who may support local businesses. 00:06:35
Staff Recommendations. 00:06:39
The first one being applicant must ensure that the. 00:06:41
Rules are forced by divine. 00:06:44
#2 Limit parking for guests. The driveway. 00:06:47
And #3 I've made some change to the conditional use. 00:06:49
Is to expire following any transfer. 00:06:53
Any questions for Ray? 00:07:03
Not right now. Good. Thank you. 00:07:05
OK, we've heard from the staff. 00:07:11
Is the applicant or representative of the applicant here this evening? 00:07:13
Please come forward, state your name and address for the record. 00:07:16
My name is Gabriel Anderson. My address is 215 Old Portland Rd. New Albany, IN. 00:07:22
OK. Mr. Anderson, so you've heard the staff report. Is there anything else that you would like the board to know before we? 00:07:28
Consider others who may be here to speak in. 00:07:34
In favor of an opposition and eventually. 00:07:37
I don't have a lot to add. I think Ray did a fantastic job outlining everything. 00:07:40
OK. Is there any questions from the board? 00:07:49
I'm familiar how the process works, so would you go through the process? 00:07:52
As far as what? 00:07:56
You have to go through and what the person that's running. 00:07:58
That your residence has to go through for approval. 00:08:00
That they've been vetted in. 00:08:04
Any background checks and that kind of stuff just kind of explain it 'cause I don't know anything about it, I've never done it. 00:08:06
Yeah, so. 00:08:11
And I can't speak to great detail, but Airbnb, VRBO, they do have a background check process so everybody has to submit. 00:08:14
And I did, they manage all of that, 100% of it. So it's not up to you know. 00:08:22
Regular Joe like myself who doesn't have any experience with that. 00:08:27
That realm of things, they, they, they. 00:08:31
Pros at that. 00:08:33
They do a really good job vetting everybody. 00:08:35
In addition, they they hold everybody accountable, you know, both the host and your guests. 00:08:38
To following all the rules. 00:08:44
Both, you know, house rules payment. 00:08:48
Kind of holds everybody. 00:08:51
To a higher standard that even. 00:08:53
You know, if I was to rent to somebody off of the street long term at my property. 00:08:55
For one, if somebody if you don't hold of those standards. 00:09:01
There are penalties. 00:09:04
Monetary penalty, so everybody that really saws it right there went into a lot of issues because nobody wants to pay a fees. 00:09:06
And then also you get kicked off of the site if you're. 00:09:14
Be helping to whatever you agreed to so. 00:09:17
So a question I would have is. 00:09:19
The How many bedrooms are in this house? 00:09:22
OK, so. 00:09:26
The person. 00:09:28
That's renting. 00:09:29
Or doing the process. 00:09:30
That is that the only person that's vented. So in other words, the person that's. 00:09:33
That's signing up for it. 00:09:36
In paying for it. 00:09:38
And let's say the two other rooms are going to be two other couples. 00:09:40
Are those two other couples checked out? 00:09:43
Do they have to give it? Not in every situation. Not every adult is checked out. If two couples are running the place, yes. 00:09:46
So I learned Floyd knobs. I have 3 grandchildren live right down the street from me. 00:09:55
And I wouldn't want somebody in that house. 00:10:00
I understand the applicant. 00:10:03
Has filled out and and you're saying that they do a background check on them. 00:10:05
But the other two bedrooms, if somebody sleeping in them, they're not being checked out. 00:10:09
If they've been arrested for. 00:10:13
Child abuse, child molestation, things of that nature. 00:10:15
I've got 3 grandkids that live right down for me. 00:10:18
I wouldn't want. 00:10:22
My grandchildren to be subject right now, everybody in my subdivision, I know. 00:10:24
And I feel very comfortable when my kids want to. 00:10:28
My grandkids want to come over and visit me. They can ride. 00:10:31
Scooters or whatever down the street, not to worry about if somebody's. 00:10:33
Been been arrested for child molestation so. 00:10:37
That's my biggest concern. 00:10:40
Is that? 00:10:42
Is uh. 00:10:43
Are we being prudent? Are we doing? 00:10:44
What's really safe? 00:10:46
For all the neighbors. 00:10:48
And everybody. 00:10:50
Being vetted, that's going to stay in that house because it only takes one person to to to abuse a child. 00:10:52
In that child's room for life, so I would. 00:10:58
I would never forgive myself if I approve something. 00:11:01
That did happen in the future, so. 00:11:05
And and I'm I'm sorry I'm. 00:11:07
I'm not. I'm ignorant when it comes to this. I've never. 00:11:08
Done in this renting type stuff so. 00:11:11
I don't understand it so. 00:11:13
But you did make it clear how they do it. 00:11:15
Thank you. Yeah. 00:11:17
Well, you have a. 00:11:19
Set of rules. 00:11:21
Say they can't do this and they have to be quiet by 10:00 and all that stuff. So if you're out of town. 00:11:23
Is it going to be up to the Police Department, then to? 00:11:29
Who's going to monitor whether they're? 00:11:32
Abiding by your list of rules. 00:11:34
How does that work? I mean, do you have some? I mean, I do have contact with my neighbors. So generally speaking, they're going to 00:11:37
let me know if there's issues. If something's not it goes awry, if anything is bothering anybody, they'll definitely let me know. 00:11:42
I'd like to thank otherwise. 00:11:47
Yeah, I guess if I'm not there, I don't know. 00:11:54
So. 00:11:58
In a year's time, how many? How many? 00:12:00
Days out of the year, do you think you'll be renting this place out? 00:12:02
I would hope. 00:12:08
6090 something like that. 00:12:10
You know, I'd like to get 30% of the year if I could, 30% realistic. 00:12:14
I'm just, I was just curious with what you, I don't know what kind of business you're in or how much you're going. 00:12:23
To be. 00:12:31
Unfortunately, it's just in a pretty expensive place to maintain. 00:12:33
Children a lot of expenses so I. 00:12:38
It's just hard right now to. 00:12:40
It's 108 days. 00:12:43
30% of 360 days is 108 days. 00:12:46
Any other questions? 00:12:51
This is going to be more weekend thing or when they rent, is it going to be for several days out? What's your plan on that? I 00:12:53
would prefer a week stay, you know, something like that. Four or five day minimum. You know, I don't want to treat it like a 00:12:58
hotel. You know, I want somebody to come in and pay good money, take care of my place and then make it worth a a. 00:13:04
A reasonable cleaning fee to get my place back to where it was. 00:13:11
When they checked in. 00:13:15
I'm targeting people with disposable income on vacations, kind of the Floyd County, to spend money with their family. 00:13:19
People passing through that could otherwise stay in. 00:13:25
The Red Roof Inn, right across the street. 00:13:29
Unvetted. You know, so I mean, it's generally speaking, it's going to be families. 00:13:31
I do understand the concern. 00:13:38
And I think there is a possibility that I can. 00:13:42
Have all adults staying there. 00:13:45
Submit their. 00:13:46
Their information to address that concern. 00:13:48
Then is there a maximum stay? 00:13:56
Maybe they're verbo? 00:13:58
They have a. 00:14:00
I've not had anyone. 00:14:03
I've not really thought of that. I wouldn't want anybody in my place for more than a couple of weeks. 00:14:05
Because that's, you know, where I go, right Where it's time for me to go home. 00:14:10
That and I like to take care of my place so. 00:14:15
That's why I would never rent a long term. 00:14:18
I want to be in there right after people. 00:14:20
Taken care of, It's an open. 00:14:23
It's not a really old home, but it's an older home. So I mean, there's I'm always fixing something. 00:14:25
Maintenance is pretty high, so I like this right? 00:14:29
Log Cabin Woods. 00:14:32
Trees everywhere, all stuff. 00:14:34
Are you, are you away on business for long periods of time then? 00:14:37
Try to only be gone for a week at a time. 00:14:41
Sometimes well, I'm just trying to think how you how do you exchange keys to from somebody rents 2 days. I have cameras on the 00:14:44
exterior of the home and then I have electronic locks. I can control everything from my phone. 00:14:50
So you don't have to be there when the people show up. 00:14:56
I can change all the codes. 00:15:00
It's rarely it's a faith, it's rare that it's a face to face interaction to. 00:15:02
To have to share a password or anything, Yeah, request. 00:15:07
Something just for consideration. 00:15:12
Having heard some of the questions we've had up here. 00:15:15
I have some both friends and clients that. 00:15:18
Do this at various places around the country. 00:15:21
The ones you've had the most success, avoiding problems like you were talking about earlier. 00:15:25
All have minimum three day rental and their reason for that was if someone rents for one or two days, they're more inclined to be 00:15:31
doing it for a party, bachelor party, what have you. 00:15:36
Three days seemed to be the magic number. 00:15:41
The other thing that. 00:15:44
The more successful ones have done is they use. 00:15:46
Management companies which. 00:15:50
I know it takes a little bit of the revenue out. 00:15:53
But it alleviates a whole lot of the hassle for you as the owner. 00:15:55
It's not our place to tell you what to do, I'm just telling you some best practices I've heard from. 00:15:59
A number of people. 00:16:03
I sort of. 00:16:05
With that. 00:16:08
I've had some friends have done the bed and breakfast stay overnight or two nights and. 00:16:10
That hasn't always worked out to Vietnam's a little concerned with that. 00:16:14
Of course, we're all familiar with. 00:16:18
You go out on the coast and you get. 00:16:19
A place stay out there for a week. 00:16:22
And those people generally do not have a problem. 00:16:24
But the ones that. 00:16:27
And these particular people I knew, they've done both. They've done that and they've done where they. 00:16:29
Rent well farmhouse for. 00:16:34
Day or two or weekend or something. 00:16:37
And they said that just didn't work out. As a matter of fact, we talked about doing that at one time and they talked me out of it 00:16:40
and said. 00:16:43
If you want them there, you need a week so. 00:16:46
That's what I'm concerned if it's just going to be one or two or three days. 00:16:49
I was really concerned with that so. 00:16:52
Any other question? 00:17:01
OK. Thank you, Mr. Anderson. 00:17:04
Have a seat, we may have you back up and move it. 00:17:06
OK, we've heard from the applicants. 00:17:09
Is there anyone here this evening who would like to come forward and speak in favor of this? 00:17:12
Request. 00:17:18
Seeing none, is there anyone here that would like to come forward and speak in opposition? 00:17:22
If so. 00:17:27
You're welcome to come forward now and state your name and address for the record and whatever. 00:17:28
Is on your mind. 00:17:33
My name is David Isaacs. 00:17:39
206 Old Corner Rd. 00:17:43
Diagonally neighboring. 00:17:45
That's the property. 00:17:48
And I'm not really opposed to it, but I'm concerned about the same thing you all are concerned about. 00:17:50
This is a relatively isolated. 00:17:56
Lot, I mean, it's pretty far back off the road. 00:17:59
We have had and I don't know if Gabe has been responsible anyway for this, but in the past we've been there. 00:18:04
Over the years we've had situations with fireworks on the holidays. 00:18:10
That people somewhere back there are shooting well, we can't really put. 00:18:15
The they're just. 00:18:21
There's not a lot of control. 00:18:24
So I guess my question would be. 00:18:25
Pretty much who's who's the old? 00:18:29
Who has the onus on to make sure that? 00:18:31
That that moves the two all of us. 00:18:33
Have agreed to. 00:18:36
If you find out. 00:18:38
That there has been a problem. You don't have the authority to go in and change anything, do you? 00:18:40
Actually, umm. 00:18:45
Would you like to speak to that, Nick? 00:18:48
Nick Creedy is the director of our department. He can. 00:18:50
Explain creepy director of learning and development. 00:18:54
Planning Commission. 00:18:56
Depending on the conditions that are. 00:18:59
Instituted in the approval. 00:19:02
If there is removal. 00:19:05
That would be enforceable. 00:19:07
By the Building and Development Department, that would be a violation. 00:19:09
Which would be subject to fines and possibly revocation of the. 00:19:14
OK. Is there any your question, Sir? 00:19:20
Do you have any other questions? 00:19:23
No, that's the main thing. 00:19:26
Thank you. 00:19:28
Is there anyone else here this evening that would like to come forward and speak in opposition? If so, please state your name and 00:19:30
address for the record. 00:19:33
Hello, I'm Michael Haines at 238 Cordon Rd. 00:19:37
Similar to Dave, I'm not really. 00:19:41
Can't stand firm opposition, just concerned with some things. 00:19:43
And the rules here I see. 00:19:48
We've got a quiet time from 8:00 PM to 9:00 AM. 00:19:49
You know, how is that going to be enforced? 00:19:53
Parties and parking. 00:19:56
Have already been an issue. 00:19:58
A couple times with some. 00:20:00
Some people have rented the property. 00:20:01
How to how to resolve that? What? What is you know? 00:20:05
The solution for that? 00:20:08
We own the road frontage across the street that's in front of the property. We use parking. 00:20:09
Often come home and it's filled up with. 00:20:15
Parts from the renters over there. 00:20:18
How do we designate that they can't park there? What's our? 00:20:20
You know what we do? 00:20:26
When that happens, because it's happened several times. 00:20:28
After his parties and parking is probably our issue. 00:20:32
Now are you just down the road on the right where the cars are across parked? 00:20:36
Correct. OK, is that your property on? 00:20:40
On the be on the left side, yeah, yeah. OK. So if you're heading down the road and I was wondering about that if you're driving 00:20:42
down the road. 00:20:45
The property questions on the left and where on the right, The kind of cabin house. 00:20:50
Across the street there, but the road frontage of that cabin, part of that. 00:20:55
Is your frontage not theirs? That's why the both of those properties and split them up. 00:21:00
OK. 00:21:09
So I could see how renders. 00:21:11
Pull in and think, hey, that parking surrealist. 00:21:13
But it's not we workout hours so. 00:21:15
Challenging to come home at 11 midnight, 2:00 in the morning and it's all filled up with cars from party going on. 00:21:18
And tried to call Melanie to the phone, so knocking on the door. 00:21:24
And you know, big party going on trying to tell him come move their cars and so. 00:21:29
Sure. Any other questions for Mr. Haynes? 00:21:34
Did you have anything else for us? No, I think that's it. 00:21:37
Thank you. 00:21:39
Sorry, Sir. 00:21:42
Somebody mentioned come come forward to the microphone. 00:21:44
Somebody mentioned the idea of a. 00:21:50
Management company. 00:21:54
If there were, imagine a company involved, management company involved. 00:21:55
Then they would be who you could report any problems to, right? 00:22:00
Typically I think that is how it works. 00:22:05
OK. 00:22:08
Thank you. 00:22:09
Anyone else? 00:22:13
Here this evening that would like to speak in opposition. 00:22:14
OK. We will close that part of the meeting. 00:22:18
And Mr. Anderson, would you like to come back and address any of these questions? 00:22:21
OK. 00:22:26
If you don't mind, breathe that mic up just a hair. 00:22:30
Air conditioners louder. You are back here. 00:22:33
Spend anytime with the microphone. Umm. 00:22:38
I had no idea anyone was parking outside of my giant driveway that has a double Figure 8. 00:22:41
Put special instructions hey this. 00:22:55
I just, I didn't see that coming. I can put that in the checking instructions. 00:22:58
In the rules and we could actually put a sign of no problem. Fix that. 00:23:03
Not sincerely apologize, I am no longer that was happening. 00:23:07
I'm so sorry I. 00:23:12
I'll make sure I give you my number again if you ever have any problems that definitely. 00:23:15
Take care of that. 00:23:20
So that's about all I had. 00:23:23
All right. Any other questions? 00:23:25
Anderson while he's back up here. 00:23:27
All right. Thank you, Mr. Anderson. 00:23:31
OK, so we've heard from the applicant, we've heard from the public. 00:23:33
We'll move into the ballot portion of our meeting. Do we have a ballot? 00:23:37
Just a minute. 00:23:41
Please I will have on here shortly. We have a ballot in process. 00:23:42
Docket FC-06-205-13. 00:24:10
After careful review, the board finds that the conditional use will not be interest to the public safety. 00:24:15
Morals and general welfare of the community because the shark term rental will not inhibit the provisions of emergency services to 00:24:21
the existing structure or neighboring properties. 00:24:25
The single family residential dwelling is already existing and the pros use will not significantly different in use. 00:24:30
Additionally. 00:24:36
Proposed use will only be used periodically. 00:24:37
As a. 00:24:41
As a rental and the applicant has included house rules to ensure that guests are not. 00:24:42
Burdensome, are disruptive to the surrounding residents and are mindful of the property. 00:24:47
#2. 00:24:52
The use and value of the area adjacent to the property. 00:24:53
Will not be adversely affected because the proposed use will not be detrimental to the area as applicant. 00:24:56
Will only be using the residents. 00:25:02
For the proposed use while he is traveling. 00:25:04
And the use will stay relatively similar. 00:25:07
To its current use as a resident. 00:25:09
The resident is also. 00:25:12
Located in a relatively remote area. 00:25:15
Applicant committed to using the revenue generated from the short term rental. 00:25:17
To make improvements to the residents which could increase the property value of the home. 00:25:21
Three, the need for a condition use does not. 00:25:26
Does result. 00:25:29
From. 00:25:31
Conditions unusual or peculiar to the property itself, because the owner intends to use it anyway. Not currently permitted by. 00:25:32
Right in the zoning. 00:25:39
District, Arkansas, as stipulated in the land use matrix. 00:25:40
In the Floyd County zoning ordinance. 00:25:44
#4 The strict application of the terms of the Floyd County Zoning ordinance will result in an unnecessary hardship. 00:25:46
And the use of the product because the proposed use is a conditional use described in the zoning ordinance and requires approval. 00:25:54
#5 the approved. 00:26:00
Approval of the conditional use will not. 00:26:01
Contradict the ghost. 00:26:04
And objectives of the Floyd County Comprehensive Plan because the proposed use of lands with smart growth principles. 00:26:05
Outline the comprehensive plan by utilizing his own residence as short term rental during periods. 00:26:11
Of absence rather than purchasing a separate property solely for that use. 00:26:18
The applicant. 00:26:22
Is promoting efficient land use while also contributing to the local economy by tracking guests to. 00:26:24
May support. 00:26:29
Local businesses. 00:26:31
The Board of Zoning hereby grants the petitioner. 00:26:33
Conditional use at the meeting held on the 11th of August. 00:26:36
2025. 00:26:40
Approval The board is. 00:26:42
Is subject to a completion of the following conditions. Applicant must ensure the house rules are enforced and abided by. 00:26:43
Parking for guests is limited to the driveway. 00:26:50
Supposed to sign clarifying parking area. 00:26:53
The conditional use expires when the applicant moves or sells the property. 00:26:57
Each shark term rental. 00:27:02
Shall be a minimum of two days per stay. 00:27:04
That concludes my ballot. 00:27:06
OK, we have a ballot. Do we have a second? 00:27:09
I'll second that. 00:27:14
OK, we have a ballot and then I got a question. 00:27:16
OK, Can we? 00:27:19
If we approve this, can we? 00:27:21
This ballot, can we have them there One year review on this? 00:27:23
Do you believe that that is a condition that you want to have in there? 00:27:27
You know, in case there's some problems. 00:27:32
I would hate to. 00:27:34
Grant this and it continues, I would rather. 00:27:35
Have some type of check on this just in case it isn't working. 00:27:39
So you are asking that it only be? 00:27:42
Through for one year. 00:27:45
Then come back and fill the board for further approval. Yes, I would. 00:27:47
I didn't couldn't quite hear what you said, Christy. His comment is that he was. I'm sorry. 00:27:56
I forgot to turn that off. His comment was that he was wanting to potentially amend your ballot to reflect a one year time frame. 00:28:01
That the approval is good. 00:28:10
Good for one year and then he has to come back for an extension. 00:28:12
Next, my confidence is I'm not sure. I mean, you have the, you have if somebody makes a complaint, you have the option to revoke 00:28:19
it. 00:28:22
And you're putting conditions in there that if he doesn't? 00:28:25
Follow those. 00:28:28
A complaint should be submitted to the billing department for you all to then bring it forward to revoke it. 00:28:29
Yeah, I think maybe. 00:28:35
A condition that staff reviews it. 00:28:37
Check for compliance or something. 00:28:41
Board for a new approval. 00:28:44
I think that's somewhat cumbersome. 00:28:47
Of a methodology for it, but I do think. 00:28:50
You know, annual review of it. 00:28:54
Might be at least at the initial. 00:28:56
Just to make sure it's running the way we would like it to run. That way we're not having to do another public hearing and 00:28:59
everything else. That's what I thought we'd done that before Where? 00:29:04
If there's problems, you know. 00:29:08
We can review it and. 00:29:10
Staff could review it after a year and if there's an issue, bring it. 00:29:13
Back to the yes relocation process. 00:29:17
Or if there's any complaint before then, it doesn't have to be at the one year mark, but the one year mark if you wanted to put a 00:29:21
condition that staff review. 00:29:24
For compliance. 00:29:27
I I would prefer that. That's up to the rest of the board. 00:29:30
Hi bro, I think we let the staff. 00:29:35
Handle the initial. 00:29:36
There's if it warrants coming back to us, they can. The staff can decide if not. 00:29:38
I just don't want to rubber stamp forever on it. 00:29:43
That's what I'm concerned with. 00:29:46
But I think what I heard Nick say is. 00:29:47
The our normal processes. 00:29:50
Make no approval. 00:29:55
Eternal uh. 00:29:57
If they violate. 00:29:58
Conditions. 00:29:59
So I think. 00:30:00
Again, the next step of that is in the event of. 00:30:02
Issues. Violations. 00:30:05
Any deeper? 00:30:07
Or anyone else in the public matter could file a complaint. We would investigate, and we can. 00:30:09
Take whatever appropriate action, so I think in that regard. 00:30:14
We had the ability to act at anytime that there's a problem. 00:30:19
Yeah, whether that's in two months. 00:30:22
Three years, whatever that is, you have the right to revoke it. 00:30:25
He's violating the conditions. 00:30:27
But I do think. 00:30:29
As Scott said. 00:30:30
I think. 00:30:32
We can. I don't think it. 00:30:34
Materially changes the ballot to ask staff to do a one year review to make sure that. 00:30:36
Everything is in compliance. 00:30:41
So I think you could just phrase that as staff to conduct a one year. 00:30:44
Compliance Review. 00:30:48
OK. 00:30:51
OK, so so we have a ballot. 00:30:55
And second, with an amendment. 00:30:57
That we went on and then I've got another. 00:31:03
OK. 00:31:06
Oh well, I think you said 2 days. 00:31:09
I think about this that needs to be two nights day. 00:31:13
Two days, Two nights. 00:31:19
Two nights stay, I'm with you. 00:31:21
Yep, using like cruise ships. That's what I intended to say. 00:31:24
Days on a cruise ship doesn't necessarily equate to nights. 00:31:30
Couldn't tell you one. 00:31:37
One may not be. 00:31:39
Not this seasick girl. 00:31:42
Folks who are making amendments, just indulge us, if you will. 00:31:49
OK. 00:32:03
So the. 00:32:05
The one about the house? Real stays. The parking stays. 00:32:06
The condition that it expires. 00:32:11
When he sells the property. 00:32:13
That's just stays. 00:32:14
Each short term rental shall be a minimum of two night. 00:32:17
Of two. 00:32:21
That one year staff shall do a compound. 00:32:23
Compliance Review. 00:32:25
Acceptable. 00:32:29
OK. 00:32:30
Are we all OK with that? Then in that case, we'll move to a vote all those in favor. 00:32:31
OK. Thank you. 00:32:38
Let me ask for a second on the amended ballot. 00:32:39
I'll second. We have a second. 00:32:42
So we have an amended ballot and seconded. 00:32:45
By Mr. Whelan All those in favor signify by saying aye. 00:32:47
Any opposed like son? 00:32:51
OK, the motion passes. 00:32:53
Thank you folks for being here. 00:32:55
We have one more agenda item this evening. 00:32:58
And that is FC-06-205-14. Brady, you want to come up and explain to us? 00:33:00
The status of that one. 00:33:08
Yes, that item was for the. 00:33:13
Variance for the sign exceeding the 50 foot square, I mean 50 square foot maximum outline in ordinance. 00:33:16
The applicant was not able to have the letter sent out. 00:33:23
In time, so we'll just have to table that into the next week. 00:33:26
OK, do we have to vote on the table? 00:33:31
OK, so. 00:33:33
Due to a mailing issue. 00:33:35
Staff has recommended that we take all this. 00:33:38
Item until our next regularly scheduled meeting. Do we have a motion to table? 00:33:40
I'll, I'll make that motion. We have a motion. 00:33:46
2nd. 00:33:50
Motion a second all those in favor signify by saying aye aye. Any opposed like sign. 00:33:50
That agenda item number? 00:33:56
2 is here by tables until our next meeting. 00:33:57
Is there any other business to come before the board this evening? 00:34:01
OK, seeing none, I'll entertain a motion to adjourn. 00:34:04
SO moved Motion to adjourn with second. 00:34:07
Second, all those in favor signify by saying aye. 00:34:09
We are adjourned. 00:34:12
Thank you folks. 00:34:15
A long time. 00:34:17
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Document list

Documents available for this event
Document Name Document type
Docket FC-06-25-14 Commonwealth Signs- DSV General Document
Docket FC-06-25-13 Gabriel Anderson- CU General Document
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Transcript

Event transcript
67 I would not have done it. 00:00:00
So last time I was having a bunch of things. 00:00:10
Yeah, the same as everything else. 00:00:31
Yeah. 00:00:54
OK. Good evening, everybody. It is 5:00 by my. 00:01:03
On my tablet here, not by my watch. 00:01:08
Want to welcome everybody to tonight's Floyd County Board of Zoning Appeals meeting. 00:01:10
This Monday afternoon, August the 11th. 00:01:15
It's 5:00. 00:01:18
We will call the meeting to order and begin with roll call. 00:01:20
Here, here, here. 00:01:24
Here. 00:01:28
Here. OK, we have a full board this evening. We'll move into the minutes of our. 00:01:29
Last meeting? Excuse me. 00:01:37
The minutes were circulated. 00:01:40
And I would entertain any. 00:01:43
Comments, questions, or additions? 00:01:46
I'll make a motion to approve as presented. 00:01:48
OK, we have a motion. Do we have a second? 00:01:50
Second motion and 2nd all those in favor signify by saying aye. Any opposed like signed. 00:01:52
I old business. 00:01:58
So last month's meeting. 00:02:03
We held the meeting to. 00:02:05
Table the two agenda items. 00:02:07
And so. 00:02:10
The agenda items for this evening are will fall under the old business category. 00:02:12
I do not believe we have any new business to come before the board this evening, so we will begin. 00:02:17
With agenda. 00:02:22
One which is FC-06-205-13A conditional use application. 00:02:24
And I believe Ray is going to come and give us the staff report an update on this request. 00:02:32
Good evening. 00:02:39
First item on the agenda. 00:02:40
As our Bills has just stated is FC-06-205-13. 00:02:42
Petitioners Gabriel Anderson Location is 215 Old Corner Ridge Rd. located in New Albany, IN. 00:02:48
Zip code 47150. 00:02:54
Parcel ID, 2202. 00:02:56
AT00-100-24. 00:02:59
.000 Dash 002. 00:03:03
The request is a conditional use for short term vacation rental and the zoning district. 00:03:05
The properties located in his agricultural residential. So I'll just go ahead and overview. So the applicant is requesting the 00:03:10
conditions permit uses. 00:03:14
She's a single family dwelling as a short term room for vacation rental companies Airbnb verbal. 00:03:19
The subject property is a 2.34 acre lot assessed from Old Cordon Ridge Rd. Future. 00:03:24
1729 square foot home. 00:03:29
But three bedrooms and three bathrooms? 00:03:32
Property has its own driveway is about 207 feet. 00:03:34
Give or take right away. 00:03:37
The applicant has indicated that he travels frequently, leaving home unoccupied for extended periods. 00:03:39
To make use of the property during his absence, he's proposing to operate as a short term rent. 00:03:44
This application includes the house rules for guests along the photographs of both the interior and exterior valves. 00:03:49
Adjacent Properties All properties surrounding the subject properties. Arkansas. 00:03:55
With the exception of a residence southwest of the property, which is on residential urban. 00:03:59
There are residence is located to the West and South of the property with property east of the residence consists of vacant land. 00:04:04
The residents of the East is 14.68. 00:04:09
Sorry, 1416 acres. 00:04:12
The residents The South is 1.23 acres. 00:04:14
There's also a 0.20 acre parcel just in front of the home that contains the storage bill. 00:04:17
Now I'm going to go into the staff comments. 00:04:22
So #1 conditional use will not be serious to the public health, safety, morals, the general welfare of the community. 00:04:24
The short term rental will not inhibit the provision of emergency services to the existing structure for neighboring properties, 00:04:30
the single family residential bond. 00:04:34
Is already existing and the proposed use would not be significantly different in use. 00:04:37
Additionally, the proposed use will be used periodically and applicant included house rules to ensure the guests are not 00:04:41
burdensome. 00:04:44
Or disruptive to surrounding residences. 00:04:47
And are mindful of property. 00:04:49
Floyd County Health Department has indicated no issues with the septic system as additional bedrooms will not be added to the 00:04:51
property. 00:04:53
#2 the use and value of the area adjacent to the property. 00:04:56
Included in various will not be affected in a substantially adverse. 00:04:59
Proposed use will not be an instrument to the areas. Applicant will only be using the residents. 00:05:04
For the post, use while he's traveling and the use will stay relatively similar. 00:05:08
To its current use as a residence. The residence is also located in a relatively remote area. 00:05:11
But the nearest residents being 120 feet away. 00:05:16
Abhinav also mentioned that the revenue generated from the short term earnings will allow him to make improvements to the 00:05:18
residents with. 00:05:21
Which could increase the property value of the home and surrounding residences. 00:05:24
As long as the guests slash tenants abide by the house rule, staff sees no reason. 00:05:28
As to how the pros will negatively affect the use and value of adjacent departments. 00:05:33
#3. 00:05:37
The need for the conditional use does result from conditions unusual or peculiar to the subject property. I made amendment there. 00:05:39
The need for the conditional use does result from the owners intent to use it in a way not currently permitted by right and zoning 00:05:46
district AR as stipulated in the land use matrix in the Floyd County Zoning ordinance as it is a conditionally. 00:05:52
For the strict application of the terms of the zoning ordinance would result in a necessary hardship the use of the property. 00:05:58
These proposed uses conditional use described in the zoning ordinance. It requires approval. 00:06:05
And #5 approval of the. 00:06:11
Conditionally will not contradict the goals and objectives of Floyd County. 00:06:13
Comprehensive plan because. 00:06:17
Use the lines with the Smart growth principles. 00:06:19
Outlined in the comprehensive plan. 00:06:22
By utilizing his residence as a short term rental during periods of absence. 00:06:24
Rather than purchasing a separate property solely for that purpose. 00:06:27
Applicant is not only promoting efficient land use, also contributing to the local economy. 00:06:31
By attracting guests who may support local businesses. 00:06:35
Staff Recommendations. 00:06:39
The first one being applicant must ensure that the. 00:06:41
Rules are forced by divine. 00:06:44
#2 Limit parking for guests. The driveway. 00:06:47
And #3 I've made some change to the conditional use. 00:06:49
Is to expire following any transfer. 00:06:53
Any questions for Ray? 00:07:03
Not right now. Good. Thank you. 00:07:05
OK, we've heard from the staff. 00:07:11
Is the applicant or representative of the applicant here this evening? 00:07:13
Please come forward, state your name and address for the record. 00:07:16
My name is Gabriel Anderson. My address is 215 Old Portland Rd. New Albany, IN. 00:07:22
OK. Mr. Anderson, so you've heard the staff report. Is there anything else that you would like the board to know before we? 00:07:28
Consider others who may be here to speak in. 00:07:34
In favor of an opposition and eventually. 00:07:37
I don't have a lot to add. I think Ray did a fantastic job outlining everything. 00:07:40
OK. Is there any questions from the board? 00:07:49
I'm familiar how the process works, so would you go through the process? 00:07:52
As far as what? 00:07:56
You have to go through and what the person that's running. 00:07:58
That your residence has to go through for approval. 00:08:00
That they've been vetted in. 00:08:04
Any background checks and that kind of stuff just kind of explain it 'cause I don't know anything about it, I've never done it. 00:08:06
Yeah, so. 00:08:11
And I can't speak to great detail, but Airbnb, VRBO, they do have a background check process so everybody has to submit. 00:08:14
And I did, they manage all of that, 100% of it. So it's not up to you know. 00:08:22
Regular Joe like myself who doesn't have any experience with that. 00:08:27
That realm of things, they, they, they. 00:08:31
Pros at that. 00:08:33
They do a really good job vetting everybody. 00:08:35
In addition, they they hold everybody accountable, you know, both the host and your guests. 00:08:38
To following all the rules. 00:08:44
Both, you know, house rules payment. 00:08:48
Kind of holds everybody. 00:08:51
To a higher standard that even. 00:08:53
You know, if I was to rent to somebody off of the street long term at my property. 00:08:55
For one, if somebody if you don't hold of those standards. 00:09:01
There are penalties. 00:09:04
Monetary penalty, so everybody that really saws it right there went into a lot of issues because nobody wants to pay a fees. 00:09:06
And then also you get kicked off of the site if you're. 00:09:14
Be helping to whatever you agreed to so. 00:09:17
So a question I would have is. 00:09:19
The How many bedrooms are in this house? 00:09:22
OK, so. 00:09:26
The person. 00:09:28
That's renting. 00:09:29
Or doing the process. 00:09:30
That is that the only person that's vented. So in other words, the person that's. 00:09:33
That's signing up for it. 00:09:36
In paying for it. 00:09:38
And let's say the two other rooms are going to be two other couples. 00:09:40
Are those two other couples checked out? 00:09:43
Do they have to give it? Not in every situation. Not every adult is checked out. If two couples are running the place, yes. 00:09:46
So I learned Floyd knobs. I have 3 grandchildren live right down the street from me. 00:09:55
And I wouldn't want somebody in that house. 00:10:00
I understand the applicant. 00:10:03
Has filled out and and you're saying that they do a background check on them. 00:10:05
But the other two bedrooms, if somebody sleeping in them, they're not being checked out. 00:10:09
If they've been arrested for. 00:10:13
Child abuse, child molestation, things of that nature. 00:10:15
I've got 3 grandkids that live right down for me. 00:10:18
I wouldn't want. 00:10:22
My grandchildren to be subject right now, everybody in my subdivision, I know. 00:10:24
And I feel very comfortable when my kids want to. 00:10:28
My grandkids want to come over and visit me. They can ride. 00:10:31
Scooters or whatever down the street, not to worry about if somebody's. 00:10:33
Been been arrested for child molestation so. 00:10:37
That's my biggest concern. 00:10:40
Is that? 00:10:42
Is uh. 00:10:43
Are we being prudent? Are we doing? 00:10:44
What's really safe? 00:10:46
For all the neighbors. 00:10:48
And everybody. 00:10:50
Being vetted, that's going to stay in that house because it only takes one person to to to abuse a child. 00:10:52
In that child's room for life, so I would. 00:10:58
I would never forgive myself if I approve something. 00:11:01
That did happen in the future, so. 00:11:05
And and I'm I'm sorry I'm. 00:11:07
I'm not. I'm ignorant when it comes to this. I've never. 00:11:08
Done in this renting type stuff so. 00:11:11
I don't understand it so. 00:11:13
But you did make it clear how they do it. 00:11:15
Thank you. Yeah. 00:11:17
Well, you have a. 00:11:19
Set of rules. 00:11:21
Say they can't do this and they have to be quiet by 10:00 and all that stuff. So if you're out of town. 00:11:23
Is it going to be up to the Police Department, then to? 00:11:29
Who's going to monitor whether they're? 00:11:32
Abiding by your list of rules. 00:11:34
How does that work? I mean, do you have some? I mean, I do have contact with my neighbors. So generally speaking, they're going to 00:11:37
let me know if there's issues. If something's not it goes awry, if anything is bothering anybody, they'll definitely let me know. 00:11:42
I'd like to thank otherwise. 00:11:47
Yeah, I guess if I'm not there, I don't know. 00:11:54
So. 00:11:58
In a year's time, how many? How many? 00:12:00
Days out of the year, do you think you'll be renting this place out? 00:12:02
I would hope. 00:12:08
6090 something like that. 00:12:10
You know, I'd like to get 30% of the year if I could, 30% realistic. 00:12:14
I'm just, I was just curious with what you, I don't know what kind of business you're in or how much you're going. 00:12:23
To be. 00:12:31
Unfortunately, it's just in a pretty expensive place to maintain. 00:12:33
Children a lot of expenses so I. 00:12:38
It's just hard right now to. 00:12:40
It's 108 days. 00:12:43
30% of 360 days is 108 days. 00:12:46
Any other questions? 00:12:51
This is going to be more weekend thing or when they rent, is it going to be for several days out? What's your plan on that? I 00:12:53
would prefer a week stay, you know, something like that. Four or five day minimum. You know, I don't want to treat it like a 00:12:58
hotel. You know, I want somebody to come in and pay good money, take care of my place and then make it worth a a. 00:13:04
A reasonable cleaning fee to get my place back to where it was. 00:13:11
When they checked in. 00:13:15
I'm targeting people with disposable income on vacations, kind of the Floyd County, to spend money with their family. 00:13:19
People passing through that could otherwise stay in. 00:13:25
The Red Roof Inn, right across the street. 00:13:29
Unvetted. You know, so I mean, it's generally speaking, it's going to be families. 00:13:31
I do understand the concern. 00:13:38
And I think there is a possibility that I can. 00:13:42
Have all adults staying there. 00:13:45
Submit their. 00:13:46
Their information to address that concern. 00:13:48
Then is there a maximum stay? 00:13:56
Maybe they're verbo? 00:13:58
They have a. 00:14:00
I've not had anyone. 00:14:03
I've not really thought of that. I wouldn't want anybody in my place for more than a couple of weeks. 00:14:05
Because that's, you know, where I go, right Where it's time for me to go home. 00:14:10
That and I like to take care of my place so. 00:14:15
That's why I would never rent a long term. 00:14:18
I want to be in there right after people. 00:14:20
Taken care of, It's an open. 00:14:23
It's not a really old home, but it's an older home. So I mean, there's I'm always fixing something. 00:14:25
Maintenance is pretty high, so I like this right? 00:14:29
Log Cabin Woods. 00:14:32
Trees everywhere, all stuff. 00:14:34
Are you, are you away on business for long periods of time then? 00:14:37
Try to only be gone for a week at a time. 00:14:41
Sometimes well, I'm just trying to think how you how do you exchange keys to from somebody rents 2 days. I have cameras on the 00:14:44
exterior of the home and then I have electronic locks. I can control everything from my phone. 00:14:50
So you don't have to be there when the people show up. 00:14:56
I can change all the codes. 00:15:00
It's rarely it's a faith, it's rare that it's a face to face interaction to. 00:15:02
To have to share a password or anything, Yeah, request. 00:15:07
Something just for consideration. 00:15:12
Having heard some of the questions we've had up here. 00:15:15
I have some both friends and clients that. 00:15:18
Do this at various places around the country. 00:15:21
The ones you've had the most success, avoiding problems like you were talking about earlier. 00:15:25
All have minimum three day rental and their reason for that was if someone rents for one or two days, they're more inclined to be 00:15:31
doing it for a party, bachelor party, what have you. 00:15:36
Three days seemed to be the magic number. 00:15:41
The other thing that. 00:15:44
The more successful ones have done is they use. 00:15:46
Management companies which. 00:15:50
I know it takes a little bit of the revenue out. 00:15:53
But it alleviates a whole lot of the hassle for you as the owner. 00:15:55
It's not our place to tell you what to do, I'm just telling you some best practices I've heard from. 00:15:59
A number of people. 00:16:03
I sort of. 00:16:05
With that. 00:16:08
I've had some friends have done the bed and breakfast stay overnight or two nights and. 00:16:10
That hasn't always worked out to Vietnam's a little concerned with that. 00:16:14
Of course, we're all familiar with. 00:16:18
You go out on the coast and you get. 00:16:19
A place stay out there for a week. 00:16:22
And those people generally do not have a problem. 00:16:24
But the ones that. 00:16:27
And these particular people I knew, they've done both. They've done that and they've done where they. 00:16:29
Rent well farmhouse for. 00:16:34
Day or two or weekend or something. 00:16:37
And they said that just didn't work out. As a matter of fact, we talked about doing that at one time and they talked me out of it 00:16:40
and said. 00:16:43
If you want them there, you need a week so. 00:16:46
That's what I'm concerned if it's just going to be one or two or three days. 00:16:49
I was really concerned with that so. 00:16:52
Any other question? 00:17:01
OK. Thank you, Mr. Anderson. 00:17:04
Have a seat, we may have you back up and move it. 00:17:06
OK, we've heard from the applicants. 00:17:09
Is there anyone here this evening who would like to come forward and speak in favor of this? 00:17:12
Request. 00:17:18
Seeing none, is there anyone here that would like to come forward and speak in opposition? 00:17:22
If so. 00:17:27
You're welcome to come forward now and state your name and address for the record and whatever. 00:17:28
Is on your mind. 00:17:33
My name is David Isaacs. 00:17:39
206 Old Corner Rd. 00:17:43
Diagonally neighboring. 00:17:45
That's the property. 00:17:48
And I'm not really opposed to it, but I'm concerned about the same thing you all are concerned about. 00:17:50
This is a relatively isolated. 00:17:56
Lot, I mean, it's pretty far back off the road. 00:17:59
We have had and I don't know if Gabe has been responsible anyway for this, but in the past we've been there. 00:18:04
Over the years we've had situations with fireworks on the holidays. 00:18:10
That people somewhere back there are shooting well, we can't really put. 00:18:15
The they're just. 00:18:21
There's not a lot of control. 00:18:24
So I guess my question would be. 00:18:25
Pretty much who's who's the old? 00:18:29
Who has the onus on to make sure that? 00:18:31
That that moves the two all of us. 00:18:33
Have agreed to. 00:18:36
If you find out. 00:18:38
That there has been a problem. You don't have the authority to go in and change anything, do you? 00:18:40
Actually, umm. 00:18:45
Would you like to speak to that, Nick? 00:18:48
Nick Creedy is the director of our department. He can. 00:18:50
Explain creepy director of learning and development. 00:18:54
Planning Commission. 00:18:56
Depending on the conditions that are. 00:18:59
Instituted in the approval. 00:19:02
If there is removal. 00:19:05
That would be enforceable. 00:19:07
By the Building and Development Department, that would be a violation. 00:19:09
Which would be subject to fines and possibly revocation of the. 00:19:14
OK. Is there any your question, Sir? 00:19:20
Do you have any other questions? 00:19:23
No, that's the main thing. 00:19:26
Thank you. 00:19:28
Is there anyone else here this evening that would like to come forward and speak in opposition? If so, please state your name and 00:19:30
address for the record. 00:19:33
Hello, I'm Michael Haines at 238 Cordon Rd. 00:19:37
Similar to Dave, I'm not really. 00:19:41
Can't stand firm opposition, just concerned with some things. 00:19:43
And the rules here I see. 00:19:48
We've got a quiet time from 8:00 PM to 9:00 AM. 00:19:49
You know, how is that going to be enforced? 00:19:53
Parties and parking. 00:19:56
Have already been an issue. 00:19:58
A couple times with some. 00:20:00
Some people have rented the property. 00:20:01
How to how to resolve that? What? What is you know? 00:20:05
The solution for that? 00:20:08
We own the road frontage across the street that's in front of the property. We use parking. 00:20:09
Often come home and it's filled up with. 00:20:15
Parts from the renters over there. 00:20:18
How do we designate that they can't park there? What's our? 00:20:20
You know what we do? 00:20:26
When that happens, because it's happened several times. 00:20:28
After his parties and parking is probably our issue. 00:20:32
Now are you just down the road on the right where the cars are across parked? 00:20:36
Correct. OK, is that your property on? 00:20:40
On the be on the left side, yeah, yeah. OK. So if you're heading down the road and I was wondering about that if you're driving 00:20:42
down the road. 00:20:45
The property questions on the left and where on the right, The kind of cabin house. 00:20:50
Across the street there, but the road frontage of that cabin, part of that. 00:20:55
Is your frontage not theirs? That's why the both of those properties and split them up. 00:21:00
OK. 00:21:09
So I could see how renders. 00:21:11
Pull in and think, hey, that parking surrealist. 00:21:13
But it's not we workout hours so. 00:21:15
Challenging to come home at 11 midnight, 2:00 in the morning and it's all filled up with cars from party going on. 00:21:18
And tried to call Melanie to the phone, so knocking on the door. 00:21:24
And you know, big party going on trying to tell him come move their cars and so. 00:21:29
Sure. Any other questions for Mr. Haynes? 00:21:34
Did you have anything else for us? No, I think that's it. 00:21:37
Thank you. 00:21:39
Sorry, Sir. 00:21:42
Somebody mentioned come come forward to the microphone. 00:21:44
Somebody mentioned the idea of a. 00:21:50
Management company. 00:21:54
If there were, imagine a company involved, management company involved. 00:21:55
Then they would be who you could report any problems to, right? 00:22:00
Typically I think that is how it works. 00:22:05
OK. 00:22:08
Thank you. 00:22:09
Anyone else? 00:22:13
Here this evening that would like to speak in opposition. 00:22:14
OK. We will close that part of the meeting. 00:22:18
And Mr. Anderson, would you like to come back and address any of these questions? 00:22:21
OK. 00:22:26
If you don't mind, breathe that mic up just a hair. 00:22:30
Air conditioners louder. You are back here. 00:22:33
Spend anytime with the microphone. Umm. 00:22:38
I had no idea anyone was parking outside of my giant driveway that has a double Figure 8. 00:22:41
Put special instructions hey this. 00:22:55
I just, I didn't see that coming. I can put that in the checking instructions. 00:22:58
In the rules and we could actually put a sign of no problem. Fix that. 00:23:03
Not sincerely apologize, I am no longer that was happening. 00:23:07
I'm so sorry I. 00:23:12
I'll make sure I give you my number again if you ever have any problems that definitely. 00:23:15
Take care of that. 00:23:20
So that's about all I had. 00:23:23
All right. Any other questions? 00:23:25
Anderson while he's back up here. 00:23:27
All right. Thank you, Mr. Anderson. 00:23:31
OK, so we've heard from the applicant, we've heard from the public. 00:23:33
We'll move into the ballot portion of our meeting. Do we have a ballot? 00:23:37
Just a minute. 00:23:41
Please I will have on here shortly. We have a ballot in process. 00:23:42
Docket FC-06-205-13. 00:24:10
After careful review, the board finds that the conditional use will not be interest to the public safety. 00:24:15
Morals and general welfare of the community because the shark term rental will not inhibit the provisions of emergency services to 00:24:21
the existing structure or neighboring properties. 00:24:25
The single family residential dwelling is already existing and the pros use will not significantly different in use. 00:24:30
Additionally. 00:24:36
Proposed use will only be used periodically. 00:24:37
As a. 00:24:41
As a rental and the applicant has included house rules to ensure that guests are not. 00:24:42
Burdensome, are disruptive to the surrounding residents and are mindful of the property. 00:24:47
#2. 00:24:52
The use and value of the area adjacent to the property. 00:24:53
Will not be adversely affected because the proposed use will not be detrimental to the area as applicant. 00:24:56
Will only be using the residents. 00:25:02
For the proposed use while he is traveling. 00:25:04
And the use will stay relatively similar. 00:25:07
To its current use as a resident. 00:25:09
The resident is also. 00:25:12
Located in a relatively remote area. 00:25:15
Applicant committed to using the revenue generated from the short term rental. 00:25:17
To make improvements to the residents which could increase the property value of the home. 00:25:21
Three, the need for a condition use does not. 00:25:26
Does result. 00:25:29
From. 00:25:31
Conditions unusual or peculiar to the property itself, because the owner intends to use it anyway. Not currently permitted by. 00:25:32
Right in the zoning. 00:25:39
District, Arkansas, as stipulated in the land use matrix. 00:25:40
In the Floyd County zoning ordinance. 00:25:44
#4 The strict application of the terms of the Floyd County Zoning ordinance will result in an unnecessary hardship. 00:25:46
And the use of the product because the proposed use is a conditional use described in the zoning ordinance and requires approval. 00:25:54
#5 the approved. 00:26:00
Approval of the conditional use will not. 00:26:01
Contradict the ghost. 00:26:04
And objectives of the Floyd County Comprehensive Plan because the proposed use of lands with smart growth principles. 00:26:05
Outline the comprehensive plan by utilizing his own residence as short term rental during periods. 00:26:11
Of absence rather than purchasing a separate property solely for that use. 00:26:18
The applicant. 00:26:22
Is promoting efficient land use while also contributing to the local economy by tracking guests to. 00:26:24
May support. 00:26:29
Local businesses. 00:26:31
The Board of Zoning hereby grants the petitioner. 00:26:33
Conditional use at the meeting held on the 11th of August. 00:26:36
2025. 00:26:40
Approval The board is. 00:26:42
Is subject to a completion of the following conditions. Applicant must ensure the house rules are enforced and abided by. 00:26:43
Parking for guests is limited to the driveway. 00:26:50
Supposed to sign clarifying parking area. 00:26:53
The conditional use expires when the applicant moves or sells the property. 00:26:57
Each shark term rental. 00:27:02
Shall be a minimum of two days per stay. 00:27:04
That concludes my ballot. 00:27:06
OK, we have a ballot. Do we have a second? 00:27:09
I'll second that. 00:27:14
OK, we have a ballot and then I got a question. 00:27:16
OK, Can we? 00:27:19
If we approve this, can we? 00:27:21
This ballot, can we have them there One year review on this? 00:27:23
Do you believe that that is a condition that you want to have in there? 00:27:27
You know, in case there's some problems. 00:27:32
I would hate to. 00:27:34
Grant this and it continues, I would rather. 00:27:35
Have some type of check on this just in case it isn't working. 00:27:39
So you are asking that it only be? 00:27:42
Through for one year. 00:27:45
Then come back and fill the board for further approval. Yes, I would. 00:27:47
I didn't couldn't quite hear what you said, Christy. His comment is that he was. I'm sorry. 00:27:56
I forgot to turn that off. His comment was that he was wanting to potentially amend your ballot to reflect a one year time frame. 00:28:01
That the approval is good. 00:28:10
Good for one year and then he has to come back for an extension. 00:28:12
Next, my confidence is I'm not sure. I mean, you have the, you have if somebody makes a complaint, you have the option to revoke 00:28:19
it. 00:28:22
And you're putting conditions in there that if he doesn't? 00:28:25
Follow those. 00:28:28
A complaint should be submitted to the billing department for you all to then bring it forward to revoke it. 00:28:29
Yeah, I think maybe. 00:28:35
A condition that staff reviews it. 00:28:37
Check for compliance or something. 00:28:41
Board for a new approval. 00:28:44
I think that's somewhat cumbersome. 00:28:47
Of a methodology for it, but I do think. 00:28:50
You know, annual review of it. 00:28:54
Might be at least at the initial. 00:28:56
Just to make sure it's running the way we would like it to run. That way we're not having to do another public hearing and 00:28:59
everything else. That's what I thought we'd done that before Where? 00:29:04
If there's problems, you know. 00:29:08
We can review it and. 00:29:10
Staff could review it after a year and if there's an issue, bring it. 00:29:13
Back to the yes relocation process. 00:29:17
Or if there's any complaint before then, it doesn't have to be at the one year mark, but the one year mark if you wanted to put a 00:29:21
condition that staff review. 00:29:24
For compliance. 00:29:27
I I would prefer that. That's up to the rest of the board. 00:29:30
Hi bro, I think we let the staff. 00:29:35
Handle the initial. 00:29:36
There's if it warrants coming back to us, they can. The staff can decide if not. 00:29:38
I just don't want to rubber stamp forever on it. 00:29:43
That's what I'm concerned with. 00:29:46
But I think what I heard Nick say is. 00:29:47
The our normal processes. 00:29:50
Make no approval. 00:29:55
Eternal uh. 00:29:57
If they violate. 00:29:58
Conditions. 00:29:59
So I think. 00:30:00
Again, the next step of that is in the event of. 00:30:02
Issues. Violations. 00:30:05
Any deeper? 00:30:07
Or anyone else in the public matter could file a complaint. We would investigate, and we can. 00:30:09
Take whatever appropriate action, so I think in that regard. 00:30:14
We had the ability to act at anytime that there's a problem. 00:30:19
Yeah, whether that's in two months. 00:30:22
Three years, whatever that is, you have the right to revoke it. 00:30:25
He's violating the conditions. 00:30:27
But I do think. 00:30:29
As Scott said. 00:30:30
I think. 00:30:32
We can. I don't think it. 00:30:34
Materially changes the ballot to ask staff to do a one year review to make sure that. 00:30:36
Everything is in compliance. 00:30:41
So I think you could just phrase that as staff to conduct a one year. 00:30:44
Compliance Review. 00:30:48
OK. 00:30:51
OK, so so we have a ballot. 00:30:55
And second, with an amendment. 00:30:57
That we went on and then I've got another. 00:31:03
OK. 00:31:06
Oh well, I think you said 2 days. 00:31:09
I think about this that needs to be two nights day. 00:31:13
Two days, Two nights. 00:31:19
Two nights stay, I'm with you. 00:31:21
Yep, using like cruise ships. That's what I intended to say. 00:31:24
Days on a cruise ship doesn't necessarily equate to nights. 00:31:30
Couldn't tell you one. 00:31:37
One may not be. 00:31:39
Not this seasick girl. 00:31:42
Folks who are making amendments, just indulge us, if you will. 00:31:49
OK. 00:32:03
So the. 00:32:05
The one about the house? Real stays. The parking stays. 00:32:06
The condition that it expires. 00:32:11
When he sells the property. 00:32:13
That's just stays. 00:32:14
Each short term rental shall be a minimum of two night. 00:32:17
Of two. 00:32:21
That one year staff shall do a compound. 00:32:23
Compliance Review. 00:32:25
Acceptable. 00:32:29
OK. 00:32:30
Are we all OK with that? Then in that case, we'll move to a vote all those in favor. 00:32:31
OK. Thank you. 00:32:38
Let me ask for a second on the amended ballot. 00:32:39
I'll second. We have a second. 00:32:42
So we have an amended ballot and seconded. 00:32:45
By Mr. Whelan All those in favor signify by saying aye. 00:32:47
Any opposed like son? 00:32:51
OK, the motion passes. 00:32:53
Thank you folks for being here. 00:32:55
We have one more agenda item this evening. 00:32:58
And that is FC-06-205-14. Brady, you want to come up and explain to us? 00:33:00
The status of that one. 00:33:08
Yes, that item was for the. 00:33:13
Variance for the sign exceeding the 50 foot square, I mean 50 square foot maximum outline in ordinance. 00:33:16
The applicant was not able to have the letter sent out. 00:33:23
In time, so we'll just have to table that into the next week. 00:33:26
OK, do we have to vote on the table? 00:33:31
OK, so. 00:33:33
Due to a mailing issue. 00:33:35
Staff has recommended that we take all this. 00:33:38
Item until our next regularly scheduled meeting. Do we have a motion to table? 00:33:40
I'll, I'll make that motion. We have a motion. 00:33:46
2nd. 00:33:50
Motion a second all those in favor signify by saying aye aye. Any opposed like sign. 00:33:50
That agenda item number? 00:33:56
2 is here by tables until our next meeting. 00:33:57
Is there any other business to come before the board this evening? 00:34:01
OK, seeing none, I'll entertain a motion to adjourn. 00:34:04
SO moved Motion to adjourn with second. 00:34:07
Second, all those in favor signify by saying aye. 00:34:09
We are adjourned. 00:34:12
Thank you folks. 00:34:15
A long time. 00:34:17