SPECIAL EXCEPTION (REGULAR) -Daehne Family Trust - Home Occupation for a Tattoo Parlor in an E-R Estate Residential District - Northwest Pasco County - At the Northeast Corner of the Intersection of Sherman Drive and Hollyhock Drive - Containing Approximately 2.2 Acres

2:11:33Okay, I'll ask for quiet as a courtesy. We're making a presentation here for the next applicant.

2:11:38Okay. Following item on your agenda, and the last item on your agenda today is item P9, which is PDD 207455. It's for a home occupation for a tattoo parlor in an ER estate residential district for the Dana Family Trust. The item is looking uh the uh proposed is proposed use is located in northwest Pasco County on the northeast corner of the intersection of Sherman Drive in Holly Hollywood. Hawk Drive. It's for a home occupation for tattoo parlor. The site contains a single-family

2:12:09residence and a detached wood frame garage. And the owner applicant is proposing to operate a tattoo parlor by appointment or only with a maximum number of eight clients per month. This item is coming to you today. As you may may already know, minor home occupations are considered accessory. uses in all zoning districts, which include the ER State Residential District. The reason why this is coming to you today is because there's a ch is there's trip generation associated with the minor home occupation and

2:12:39for that purpose it requires special exception. The Planning Commission has approved another similar special exception in this subdivision located approximately 250 feet southwest of the subject request on June 13th of 2001. Uh again this the the I could probably now point. So this is the another special exception that you've approved in that subdivision. That one was for a real estate office. And the subject

2:13:09it's surrounded it's the Rolling Oaks uh subdivision, which is all ER state residential single family homes, uh to uh potential density one dwelling per acre. Future land use surrounding it is res one, one dwelling unit per acre. This is uh the access to the property from Hollyhawk Drive and Sherman Drive. And uh the Planning and Development Department is recommending approval with conditions. The conditions uh which are included in your packet include that the special exception is limited to home

2:13:39occupation for a tattoo parlor by appointment only. Days and hours of operation are limited to 8 a.m. to 8 p.m. Sunday through front to Sunday through Saturday. The owners have to comply with the following requirements of in 530.21. which is that the special exception is limited to the owners and it does not run with the land. If the property is transferred or sold, the special exception becomes null and void. The use does not shall not occupy more than 25% of the total floor area of the dwelling unit. No outside display storage or use of the land is permitted for the home occupation.

2:14:10Business related visits shall be by appointment only and shall be limited to one customer at a given time. Where applicable and where on-site parking is available, an additional person in waiting is permitted. This is directly from the land development code. Uh the use is clearly incidental and secondary to the use of the dwelling. No change in the outside appearance of the building or premises as a result of the home occupation. Exterior signs that are visible from the street are prohibited. Uh and there in no case shall there be more than 14 total daily trips, including those associated

2:14:41with primary residential use upon the establishment of the home occupation. Additionally, the property may be subject to deed restrictions, which are more restrictive than county regulations. The owner's applicants assume the responsibility for compliance with the applicable deed restrictions. Because this item is something that is regulated at the state level, the owner's applicant shall comply with all state licensure and operational requirements for tattoo establishments and tattoo artists as applicable contained in Section 381.00771-381.00

2:15:13or through 381.00791 Florida statutes and Chapter 64E-28 Florida Administrative Code, as may be amended from time to time. The following condition is regarding revocation. So staff can initiate enforcement for violations of the conditions of approval by any methods available in the land development code section. Section one hundred eight or through the revocation of the special exception pursuant to four oh two point four. And this is the acknowledgement portion, which is a standard condition as well. And

2:15:44um we're I'm gonna leave the criteria and I'll mm, move through it throughout the presentation and uh again the planning and development department is recommending approval with conditions. I know there the applicant is here to speak on the item and their folks as you have noted in opposition. I have uh included all the letters of objection that were received as of the 13th of uh January and those are over Over 40

2:16:14letters of objection from the Rolling Ocasus State's residents. That those were attachment three on your SIRE packet. And at that point on January 13th, we had received seven letters of support from Rolling Oaksus State's residents, and that's your attachment four in your SIRE packet. Any questions? Here to answer those.

2:16:34Okay.

2:16:36Um that was out of a total of eighty six.

2:16:41Is the

2:16:42pardon me? Ma'am, you you're gonna have to wait till your your opportunity to speak at the podium, please.

2:16:48Is uh the applicant

2:16:49present?

2:16:56Just come up and give your name and your address, please.

2:16:59Um Carrie Felice from the Hogan Law Firm 11031 Spring Hill Drive, Spring Hill, Florida, on behalf of the applicant. Um we had three documents we wanted to request you receive and admit to the record written statements from both applicants and a revised letter of support.

2:17:14Who do receive and file? Second. We have a motion, a second for the discussion. All in favor? Nine.

2:17:20All right. And then um this is the applicant and she's gonna make a statement. Okay.

2:17:26Hello. Commissioner, staff and neighbors, my name is Sarah Lee Dana. I live at [address removed]. One of my latest Tattoo Trade magazines writes, There was a time when the stereotype of only bikers and sailors and jailbirds getting inked was pretty true. But those days are well in the past. One recent survey found that contrary to popular belief, more women forty percent than men, thirty-six percent have tattoos. Thirty percent

2:17:56of young people aged 14 to 29 have a tattoo, compared to 45% of people aged 30 to 49, and 28% of people over 50. I have been tattooing around the world since nineteen eighty two. In 1993, I opened a home-based tattoo shop in an unincorporated area in Santa Cruz, California, which was registered, licensed, and insured. I worked closely with the Santa Cruz County Health Department and a grand

2:18:26jury to develop the best safe practices to comply with California state law AB 186 by Assemblywoman Valerie K. Brown. I also went underwent bloodborne pathogen training yearly. My husband and I moved to Hudson one and a half years ago to live near our daughter and provide care and housing for our three year old granddaughter and her disabled parents. We bought our home on two and a quarter acres to provide for these needs and also because it had a second

2:18:57driveway and a garage previously used as a beauty parlor called Kiva Unisex Salon. It has also been used as a lawnmower repair shop, an air conditioning repair service. Mail and customers from these businesses still show up at my home occasionally. In my career, I have tattooed all members of my community, teachers, nurses, judges, vets, mommies, pro-athletes, firefighters, daddies, grandparents, and

2:19:27even a widow and three Mountain View police officers whose cop brother had died. It has been my honor to work on all of these people. I am almost 60 years old and I have had other jobs such as machinist for five years, student aide for severely disabled kids for 15 years, and a tattooist for 38 years. Also, I was a notary for four years. I still enjoy being an artist and meeting people through tattooing. Is there really a difference in my neighborhood whether

2:19:57I do a portrait of a person or on a person? Thank you for considering my proposal for a quiet and home-based tattoo art studio by appointment only with no employees and restricted traffic. There are comments made about my tattoos studio in our neighborhood bringing down property values, and while there is no data that I am aware of to support this notion In the 21 years of my last home business, our property value increased by half a million dollars, along with other properties

2:20:27in the neighborhood. Now to address your fears and concerns, in Pasco County it is perfectly legal to operate a home business in a residential neighborhood. I am not asking for a variance, an exemption, or rezoning. Plenty of businesses already operate in our neighborhood legally. The planning department has already recommended the approval with restrictions on traffic, clients, and hours of business.

2:20:52Excuse me, ma'am, your three minutes is up. So if you'd wrap it up, I'd appreciate it.

2:20:57All right.

2:21:01Okay.

2:21:03So is there anybody here that would like to speak in opposition or have questions?

2:21:10Oh seven right at this company. That's what you did.

2:21:18If any of any of the rest of you would like to, why don't you come sit up front where you can Get up here more quickly.

2:21:28Okay.

2:21:31We can

2:21:32have your

2:21:32name and address,

2:21:33sir. Yes, my name is Ed McGuinty and I'm here with my wife Barbara. We live at [address removed]. and that's in Rolling Oaks and it's um at the intersection of Hollyhawk M Bach. So the application here is for the Uh a tattoo parlor, uh two houses Away from our our house. Um a little background um on myself.

2:22:03Uh my wife and I bought some property about sixteen years ago in Rolling Oaks. Decided to build a house there. And at that time, is our understanding and it's still today It was uh zoned as a a state residential. Um to to my knowledge, it's still zoned. um the state residential, not commercial. Um The property that we have uh is valued, we think, uh and based significantly on the zoning

2:22:34that's designated for it. Um we put a house if you put a house in a commercial zone Without a zoning change, it has Far less value. Uh why? Because it doesn't belong there. And if you put a commercial property in a residential zone it has far less value and again why because it doesn't belong there. The zone designation serves to protect all parties, residential and commercial. Problems develop when

2:23:04residential and commercial interests conflict. Allowing An exception. or variance to the status that is the zoning status of our property. we think lessens or weakens the status of that property. The type of business a tattoo parlor is irrelevant. What is relevant is that this business requires customers to ta travel to and from the the residential

2:23:34zone community. In Pasco County, Most commercial businesses are restricted to operating in commercial zone locations. Operating such a business in a residential zone is prohibited. There are several Tattoo parlors operating in commercial zones located within seven miles of the Rolling Oaks community. Our property value is is likely to decline When an active business

2:24:05exists only two houses away, in our residential community. Would you purchase a home under those circumstances?

2:24:14A successful business requires activity to survive, and by that I mean customer activity. The more customers and customer activity there is, the more successful the business. Exceptions made to residential zoning to allow or promote a business is inherently unfair to all other residents affected by the business Activities. Should an exception or variance be granted, Who will ensure

2:24:45compliance? That burden falls on the community. Animosity develops, And the tranquility of our community is affected.

2:24:54Thank you, sir. Time is up. Thank you very much.

2:25:07I agree. Hello. All right. My name is Amy Behrens. I reside at [address removed]. Sorry, I'm really nervous.

2:25:20That's okay. Take a deep breath.

2:25:22First, I want to thank you for we're all

2:25:23nervous up here too.

2:25:25You should be. If you knew me personally, you'd be nervous. First I wanna thank you for letting me come up here and speak. I am not opposed to tattoos. I have one.

2:25:40You don't have to show all of them.

2:25:42Only one. Only one. Um and I represent both myself and my husband.

2:25:52Um, we took this leap to move to Florida five years ago. We actually spent two solid years looking for our property. Um and at the age of forty eight decided to live the dream, right? This is Live the Dream. Um We thought this was gonna be our forever home until we learned. There was a business seeking establishment in our neighborhood. I

2:26:23immediately called my realtor who then told me your property values are going to decrease as soon as this is established. So now we are wondering, did we make the right choice and landing where we did? I just want you to take time to think about These people who have obviously been there longer than me all the blood, sweat, tears and money they've invested in their properties. For

2:26:54their future? I can clearly start over. That's not a problem. But they may not be able to do the same. Thank you.

2:27:06Thank you.

2:27:13Good afternoon. Good afternoon. My name is Barbara Walker. I live at [address removed]. I live on the corner of Box in Oakway. And I have owned um and been a property owner and a resident for thirty-five years in Rolling Oaks. So I think I'm probably the longest lived person there. I am in opposition to approving for a business in our community in this property. And I'm

2:27:43very familiar with the property on Holly Hawk. I know exactly where it is. and I've been inside the home and is a large piece of property. However, it is not congruous with a residential property. When I bought my home on Split Oak Drive in nineteen eighty four, I was given a big pack of deed restrictions. And one of these restrictions was there were to be c no commercial endeavors. And of a lot of other things which have all gone by the wayside or fallen apart.

2:28:14But a business has a whole different connotation in a real in a residential area. It it will affect our property values. When people who are interested in buying our homes learn that there's this business, I'm sure that you know, I pr I don't know, I wouldn't probably even look. If I thought that that variances were being granted for commercial enterprises in our in our community. There's a lot of foot traffic, people walk all the time, there's going to be increased

2:28:45traffic coming into our into our community. People don't know where it is. They're going to be I d I don't know how they can restrict the traffic coming in. And there's advertising. You know, is this going to be advertising? Advertised in the local papers and you know what is it going to do? I I just am in strong opposition to this, and I disagree with the precedent that this will set for other people who may want to bring in commercial. I have a huge building on my property, and I'm

2:29:15thinking, well, you know, I'm sure if I were going to think of a business that it would be strongly opposed.

2:29:23Thank you very much.

2:29:31My name is Mel Carrera. I live at [address removed] in Rolling Oaks in Hudson. First thing I want to say is I wouldn't want your job for any money to get it. We volunteered. My wife and I bought a piece of property and built a home in Rolling Oaks fourteen years ago. And several years ago we bought another piece of property across the street. If we had known at that time that commercial businesses were going to be allowed in the neighborhood down the road, we wouldn't have made those

2:30:01purchases. We wouldn't have built a home in there. My main concern is the property values. I have I don't know the people who want to do it. There's nothing personal. I have nothing against them. but less than a quarter of a mile from the entrance of Rollin' Oaks is a fairly new mini mall. There's a B P. gas station there and there's several empty storefronts that you could put The tattoo parlor in or anything else that you want to put in there. And that's mostly what I wanted to say, but I I when I was looking at your conditions when you put them up, a couple of things caught my eye. The hours

2:30:31were twelve, hours a day. Seven days a week. To do eight customers per month. And then it said fourteen entrants per day. That's ninety eight a week. to do eight customs a month. And in the fourteen years that we've been there, the lady says that there's been several businesses operated in that neighborhood. I've never seen one. And I don't know of anybody else here that has seen a business operated in that neighborhood. My main concern is

2:31:01property values. I believe they will drop. And again they could be nice people but I'm sure that when they get their profits from their tattoo pilot, they're not going to share the profits with us. So why should we share our diminished All of us share diminished property values. That's all I have to say. Thank you.

2:31:26Yeah.

2:31:28Afternoon, gentlemen. Good afternoon.

2:31:32Thank you. My name is Mr. Burke, [address removed]. I come today here on my sixty first birthday. Celebrating a day. Wasting time.

2:31:45This being wrong. Number one, the claims to have been appeared to be denied already. They go to an attorney to go through the back door. Why? What's the underlying tones? Number two, my wife and I have purchased several houses, homes prior to do this to increase property value, hard work to make money. We did. Same reason for this experience on this house. When it depreciates and it will, the bank will still want its full amount. Who covers my loss? There are profits? your salary. I think not. My wife and I

2:32:15still cover the cost. Number three. Is or is not, will or would not, would or would not, are going to have an adverse impact on my neighborhood. You already know the lists of what? what you may or may not know. It's just how much. Just one is too much. Number four, as you can see all over my body, I do have tattoos. My artist is the only tattooist licensed by George Lucas Industries, which as you know is Star Wars. He also asks, Why are we wan

2:32:45wandering here as being a tattooist and a homeowner? arguing the request, knowing it brings in church into state. And opens a big can of worms. Number five. On Tuesday I found out I have cancer. So besides this fight. I have a bigger one to fight. But I will not let my cancer beat me, along with this fight Yeah. It was caught in a time, so I can come back here to fight some more, and I will. Thank you very much. My

2:33:16last words, quoting Black Sabbath, never say die.

2:33:29Yeah. You could do it. You could do it.

2:33:33Sorry that you have cancer and happy birthday. Thank you. Um hi, my name is Rosemary Sieber. I live at [address removed]. Um I'm not far from the Dane residence. And I just want to make sure that they know that this fight is not against them personally. It's just against the idea of a business coming into our neighborhood. I too am not against. tattoos. I have tattoos. Um And I just want to say that my husband and

2:34:04I moved to Rolling Oaks, which at the time it actually did have deed restrictions, and I'm not sure I It's hard to get through all the websites and stuff. I was trying to see if they were still um You know, in action, but I couldn't really figure that out. But um I have to say that I was really disheartened by some of the information that I found is that the Planning Commission can actually make a ruling without us really knowing that a person only has to live, what is it, 500 to 1,000 feet to be notified

2:34:34of something taking place in their subdivision. And I think that personally is wrong, but that's a fight for another day. I think the whole subdivision should be notified because as other people are stating. It diminishes all the property values, not just the residents directly around the um The business. Um Let me see here. I would also like to know who would want to buy my home if they knew a tattoo parlor or whatever business is next door to my home or down the

2:35:04street from it. I'm sure none of you would want to buy my house, and I'm sure none of you would want a tattoo parlor or any business moving into your neighborhood if you thought it was gonna hurt or damage your property values. Um I'm asking each one of you to vote against this special special exemption. It doesn't matter what kind of people get tattoos, like I said, I get tattoos. That's really totally irrelevant or how good of a tattoo artist she is is totally irrelevant. This

2:35:35is not against them personally again, but Rolling Oaks is a nice quiet subdivision of homes, not a commercial area. I could run my publishing business from my house, but I don't do that because I wouldn't do that to my neighbors. I don't think they would want paper trucks coming through our neighborhood. I would not try to change this great neighborhood and I'm hoping that all of you on the Planning Commission really think hard about what you're gonna do to us in Rolling Oaks if you let this variance go through. And I'm also pleading with you to deny

2:36:05this request. I think it's the right thing to do. And I'm hoping that in the future, when other requests come up in um state residential neighborhoods like this, that you consider it at least notifying all of us so that we can come and object. Thank you so much.

2:36:30My name is Fred Kufield. My wife and I live on [address removed]. Just second house off of east.

2:36:38the traffic will increase. The traffic that there is now is probably about forty, forty miles An hour. We have enough of those issues. I'm not gonna become an echo chamber with what everybody said pre s preceding me because I feel the same way. The only thing is that there's going to be some disposal issues. when it comes to the aftermath of a tattoo. and also health inspections. These are things that need to be addressed. And

2:37:09as far as controlling how many clients you will have. I would not like to see that create a precedence and this business go into the community and create a precedence. Thank you, gentlemen. I appreciate your time.

2:37:29Good afternoon. Uh my name is Dale Sieber. Um Her husband. Uh we've lived there for twenty six years in Rolling Oak Estates. I live at [address removed]. Our house is within five hundred to a thousand feet of the petitioner's property and that's probably why why I got notified. Uh it's they have a sign this big in front of their mailbox. And I guess if you don't see that or live within a thousand feet, you don't even get notified. So there may

2:37:59have been businesses before that have come into our neighborhood because no one knows about it. This lack of notification is really wrong, but but that's subject's for another day. Uh first of all, this request for a special exception to our state residential neighborhood should have been denied from the very beginning. Rolling Oak's estates. Rolling Oak Estates is and always has been a residential neighborhood and properly zoned that way. If we wanted

2:38:29to live in an area that mixes single-family homes with C2 businesses, we would have moved to US 19. There are numerous places that are currently for rent, it was mentioned, that can accommodate a C2 business such as this, and they're within a half a mile from their property. You cannot sit here today and guarantee us that this business or any other business won't bring unnecessary and unwanted traffic into our community. They say eight clients a month. Businesses all want to grow. Business can

2:38:59start out small. But can grow, hire employees, solicit more customers, create creating even more business related commerce. We don't want any unnecessary traffic in our neighborhood. Rolling Oaks Estates is a community of homes ranging from $200,000 to $500,000. What happens to our property values when our neighborhood changes little by little to become a mixture of homes and businesses? Our property values go down, that's what happens. My wife and I own or own and operate

2:39:29our own business. We leave our residential neighborhood and conduct our business outside of where we live. The petitioners should do the same. Because they have hired legal counsel, chances are there might be some legal loopholes, this special exception being one of them. But I stand here today and tell you that even if something may be legal, it doesn't make it the right thing to do. What decision would you make if this was your neighborhood where you raise your kids and grandkids? Your decision today

2:40:00is just plain old common sense. We urge you to do the right thing and deny this request. Thank you.

2:40:06Thank you.

2:40:12Good afternoon, and it's been a very long afternoon, gentlemen. Um my name is Patricia Freitag. I live at [address removed], uh a little more than five hundred feet from this residence, but still it will impact me. Um first thing I wanna mention and I think everybody else has mentioned it, but If you drive up and down US 19, if you drive drive up and down Ridge Road or Little Road, there's an abundance of retail pro uh sorry, retail properties. They're they're offering all kinds of deals,

2:40:42you know, two months free, three months free. So it's not a money issue. My husband and I had a business. We did not run our business out of our residence. We definitely you know rented retail space. It does Cut into the bottom line of your business. However, it's the right thing to do. It's it you just it's not fair to your community, it's not fair to your neighbors. Um I'm gonna touch again on on the property value. And you know, right now we don't know what kind of signage they're gonna have. Are they gonna put up billboards? Are they going to get

2:41:12people off of Craigslist? Where are they going to get their clientele? You know, there's a lot of bad actors out there that we really don't want in our neighborhood. We are a wonderful, low-keyed, calm neighborhood with children and elderly. We don't need extra traffic, we don't need uh, you know. crazy characters in our neighborhood. And so for that reason alone it it probably should be denied. But I'm gonna mention something that no one else has mentioned so far and that's our crumbling roadways.

2:41:42Um we have already We've had several people get together. There have been commissions of people that have tried to find out what it would cost to have each homeowner have roadways fixed in front of their property. My property is just a one-acre property. It would be over seven thousand dollars for me alone. Now that could be put into my tax roll, but quite frankly, my taxes are high enough the way it is. People that are on the corner, you can double that to fourteen thousand

2:42:13dollars. W if we bring more traffic into this community, are they going to cover our our roads? Are they going to help fix those roads in the future? I don't think so. So I'm hoping that you see how much opposition you have to this and you at least consider that it it wouldn't be something that you probably would want in your own community as well. So thank you for your time.

2:42:36Thank you.

2:42:42Good afternoon. My name is Carol Lamb. Thank you for me giving me the opportunity to speak. I've been a resident I live at [address removed] in Rolling Oaks. Been a resident of Pasco County for over 40 years and have owned multiple and own multiple real estate. um since nineteen seventy six. I chose to live in Rolling Oaks eighteen years ago. um because it was an estate residential property. I worked and saved my whole career. Um and truthfully the

2:43:13property that I live in is part of my retirement plan. Um if it diminishes in value, that could affect myself and my husband as far as our income and our retirement. So my fear is that allowing a business any retail business, any retail business that involves customers coming in the subdivision and parking to be declined. Um another point is we do have deed restrictions. There

2:43:43is a section in paragraph twenty that says no trade, business, or other type of commercial activity shall be carried on on any lot. Um We do have a lot of walkers in our neighborhood, so traffic would be a problem. I've seen kids out on scooters and bicycles, people pushing carriages, walking dogs. We don't have sidewalks, so increased traffic would definitely be dangerous. And I do have an additional concern about the hazardous

2:44:13waste. I'm not an expert in tattoo, but there is hazardous waste concerns that I have. This is not a medical facility, this again is a residential neighborhood. I strongly um suggest that you decline this and thank you for my considerations. As an owner. a resident of Rolling Oaks, and a resident of Pasco County.

2:44:37Thank

2:44:37you.

2:44:47My name is James Molano. I live at [address removed]. Um My wife is a uh Broker, licensed real estate broker. and a current resident rolling up. This statement was prepared by my wife who is physically unable to attend. Our argument against SE 7455 is based on documented evidence of property value loss in rolling oaks. As a thirty two year old,

2:45:18resident of Rolling Oaks, and a currently licensed real estate broker, retired, my wife Barbara Molino, has extensive education and experience in establishing property values. Originally trained by Mike Wells Senior, former County Commissioner, And Pasco property appraiser. Mike sought Robert's opinion on property values in Pasco County during his tenure. in order to verify property value losses I am submitting copies

2:45:48of successes. certified bank appraisals evidencing steadily increases in property values from nineteen eighty eight through two thousand seven. Between two thousand seven in twenty eighteen. Multiple variance is approved. and lack of code enforcement degraded the desirability of this community. leading to bank appraisal number four, which indicates loss. of one hundred and thirty seven thousand eight hundred and thirteen dollars on my property

2:46:18value. No deterior uh deterioration of my property is cited in the twenty eighteen appraisal justifying such loss. Residents concern regarding decreased property values at this variance hearing. have been continually ignored by this Commission. On january twenty first, Твоні твані, президент Трамп стати. quote home values have seen their values. rise by more than two twenty two billion dollars. Quote

2:46:49close quote. Stock market levi levels or highest in history. The economy is growing exponentially. Therefore, the banking and real estate, cash, Crash of two thousand eight is no longer a viable argument for this Loss in property value. The Planning Commission cannot ignore these documented evidences of mass loss in property value. The proof is in the pudding. The president set cited as Justification for approval

2:47:20should never have been created due to the non documented evidence of mass property value, losses that have inflicted on this community. I'd like to do that. Give me a copy of this?

2:47:35Over here. Move do we have a second? A second. Second. All in favor? Aye. Okay. Thank you. Thank you. Yeah.

2:47:52Well. Hi, my name is Gary Sheerbaum. I live at [address removed]. Uh I've been a resident since two thousand one in Rolling Oaks. Um most of the people that have already spoken have said a lot of things I was gonna say, so I have to get a little creative here. Um I've got a few I got a couple grandsons, five years old and one and a half years old living within two hundred feet of the residence that wants to have the tattoo parlor. Um Hollyhawk Drive is a very s very quiet

2:48:23street with hardly any traffic because nobody really lives on the street as far as going in and out. So it's a very, very quiet street. So kids play on the street. Um We're concerned with the hazardous waste. I know that the county requires The pickup uh by a private company w I don't know if it's once a month or whatever the time frame is on the pickup, but who monitors that? Uh if if something gets spilled on the road, it does that get

2:48:54taken care of? I mean we're talking about needles, we're talking about blood, things like that. So has my concern. Um you've already heard about the property values, that also has my concern. I d Definitely Uh don't want it hurting my property value, but more so is the the traffic and on the road that doesn't have any traffic right now that's definitely gonna increase because they can't get there without driving on that road. So that's pretty much all I had to say.

2:49:20Okay.

2:49:21Thank you.

2:49:27Hello, my name is Jason Barrens, [address removed]. Two houses down from the opposed or the proposed property. My question is they made a point to say they're only gonna have eight clients a month. That's not a business, that's a hobby. So when they go to say that that's just a a an entrance to get the approval, then they're gonna increase the amounts they're gonna do each month. 'Cause eight eight a month is a hobby, it's not business. Thank you.

2:49:58Hi, my name is Rick Chillcode, [address removed], Hudson, Florida. I'm assuming I live on the Entrance to this business, uh main road. Um I'm a relative newcomer to this development, uh July of seventeen. I represent my wife and my two kids, a thirteen year old son and a five year old daughter. The reason why we moved to this community specifically was a relative quietness of where we come from from North Tampa. Uh it was the w major appeal for us is how it was very little traffic, road traffic.

2:50:29Um Ай опоздис. In saying that, I have tattoos, we have family members that have extensive tattoos, nobody's opposed to tattoos. What I'm opposed to is the potential in loss of property value. And setting bad precedent and letting anybody open up a business for special exception. I think it's bad news for everybody in that neighborhood and and being a relative newcomer, there are neighbors, neighbors that I have here that aren't here that I feel like it's my responsibility to

2:50:59help protect what they've been at what they've had for years. And that's really all I actually have to say. Thank you guys. Thank you for coming.

2:51:12Good afternoon and thank you very much for giving us an opportunity to speak on behalf of all of the residents of Furling Oaks. Uh first I must express my uh heartfelt uh uh you know, thanks to lady to uh who's proposing it to look after her family and to do good things for the family and and support the family. I think that's a very good endeavor. I am firmly in opposition.

2:51:40Excuse me, sir. I'm sorry. Would you provide your name and address for

2:51:43the record? Thank you. No

2:51:44problem.

2:51:45Shri Ram Murti and Kathleen Murti, [address removed].

2:51:51Thanks for keeping me straight there. Thank you. Sorry.

2:51:58Excuse me.

2:52:01to be a good thing.

2:52:04Okay, sorry.

2:52:06You're in the penalty box. I will try.

2:52:09She's also fighting stage four cancer, unfortunately. But one of the reasons we moved back from my posting overseas about a little under two years ago was to be in a quiet neighborhood where eight or nine of our extended family Aunts, uncles, brothers, sisters all live in that neighborhood. Uh to spend hopefully not the last days which the latest mentions of medicine, but to

2:52:39spend some good quiet time with family. Having said that, I'm not going to repeat many of the points said by other folks, but I will say one thing. Matthew, London, Henry, Rowan, These are children in the neighborhood who are constantly walking around after school, and you will see them congregating first at our place and then moving to other houses. I really worry about the safety of children in a commercial

2:53:09setting, uh as was said by one of the residents. Number two, I strongly believe that E R as state residential zoning means residential. How on earth can any planning department even receive an application saying I want to have a cemetery? A bar. uh uh uh uh uh you know, uh a place of a body shop in that

2:53:40area, I think all of you are smart enough to independently rejected in your neighborhood. So I would implore you, for all of these reasons that have been stated for our residents and by myself, very humbly, to say no to this application. Thank you so much.

2:54:16Good afternoon. My name is Leslie Payne. I live at [address removed]. Uh When I first heard of this um application I've got some correspondence that outlines what the Commission's responsibility is and how you all decide whether an application is approved or denied. One of the first things that crossed my eyes. Or that

2:54:46the Objectives. were to make sure that the applicants fit in the comprehensive plan.

2:54:56Probably this body was in sitting when the comprehensive plan or the plan unit development was approved. So

2:55:10We'll have to make a decision with you folks. The applicant's facts about Santa Cruz probably are very accurate.

2:55:20The fact that there's a real estate business that a planning commission approved years ago. I have no first hand knowledge of that. I have no evidence that it exists today. That's a fact. the most telling fact is that the applicant admitted to herself That she In her home. Or somewhat Remodel business, I'm not sure. had performed Tattoos. on

2:55:51quite a few people uh in the surrounding area. Yet there was no license, no business tax receipt. No inspection of the premises. And are we to believe that this person did this?

2:56:08Illegally? Are we to believe that it was approved by some other being besides a licensing agency I don't think so. So how can we as a community or at you folks as sitting here to trying to uh judge the approval or disapproval of this. even think beyond what's the own applicant admitted she had done. Thank you for your time.

2:56:38Thank you. Excuse me. I can't talk.

2:56:47Okay, has everybody had their say?

2:56:51Okay, I hope you bring something new.

2:56:53I am going for you something.

2:56:55Good.

2:57:03mic?

2:57:03Yeah, Yeah, I'm trying to find it. I don't think I can find it.

2:57:08You gonna just have her sit down.

2:57:10Yeah, because we we have a portable mic

2:57:11for that purpose. Sure, why don't you just have a seat and we'll hand you a m portable microphone. And yeah, all right.

2:57:26You need a motor on that thing.

2:57:28I would like to do that.

2:57:34My name is is Michael Gallagher. I live at [address removed]. And rolling oaks. I um I am gonna offer you something different, I promise, but the clock is ticking. Um I uh Get to my notes here. I'm a retired Navy veteran, disabled veteran, cancer survivor, a grandfather. My grandkids come, play in the streets where we live. I lived there for about four years. I think the precedents for home business has been

2:58:04set here. There have been a few that operated without being noticed, but they were not tattoo related. One of them we talked about this real estate office was right across the street from me. Um evidently someone bought it thinking they could start a full blown business there. There was like eight cars parked in the front. So I went over there with a bunch of cookies t to meet 'em.

2:58:24Um like tradesmen, you know, building kitchens, doing something they they were all part of a business and venture, a security business, something like that. So went over to see them. And the young lady was taken out the trash And she said, No we're leaving. Um evidently um someone Called on him. So this a full blown business operated for quite a few months and no one said anything. Uh there are an abundance of folks here who oppose this. I understand that. I understand the fears. Property values are a big deal. My home is all I got. Um but they've only heard the stereotypical

2:58:55worst case scenario and none of them have talked to this family, their neighbor. P families don't talk to each other anymore. They call you, they call the sheriff, they don't talk to their neighbors. So this is about fear and stereotypes. And now property values. I hadn't even thought about that. I understand that fear. I think this family understands community and want to be good neighbors. Last September I had floodwaters at my doorstep. When neighbors were driving by to take pictures, this family came over and helped me sandback my home. They want

2:59:25me to do the right they want to do the right thing. This is not a commercial venture. This is like your grandfather building furniture in his in his garage and wanted to sell a couple of them. I don't I don't think she wants to grow this business. She talked about I asked her. I went over and talked to her. I don't think she just wants to pay for some taxes. Taxes are very high on this property, evidently. Um I'm here primarily because of the rhetoric in a local blog. that shows the fear. It described bikers riding up and down the streets. It describes safety concerns, traffic concerns, and the

2:59:55onslaught of massage parlors and body shops that will come if they open this can of worms. The rhetoric got me going and thinking about this. These people didn't even get a start before this this blog got everybody all fired up. Uh none of the folks that communicate disapproval of this have talked to her. One guy said he was going to I don't know if he did or not, but no one has talked to their neighbor. That's the big thing about this to me. Um This is a cur not it's not a commercial business, it's a home business. They request for a it's a home business. But unlike others, there's a gunsmith

3:00:26shop, a beauty shop, real estate shop, the one across the street from me. This has happened. It's happened before. It's been there, it's there now. And I just think i the fact is this is a tat to Parlour, which is an unfortunate term. Uh I wish it was uh body art or whatever. I think if this if she has said she was gonna be

3:00:45On canvas, this would have flown under the radar. Instead it's a tattoo parlor, and that's what it said on that. request. Um it's an art form. And um She knows she's well aware of all the safety concerns. the because it's bloodborne pathogen. She understands. I I I think that we should trust her. With some um um what do you call it restrictions. If the restrictions aren't met, then S she cease and desist from what she's doing. But

3:01:16I think we should give her a chance. I'm certain there's plenty of neighbors here who would monitor and report any issues if there were. No shorts of that. Um I think the term tattoo parlor is outdated. It's unfortunate that it causes so much fear and concern. But you know about the commercial business, I talked about that. It was a full blown business right across the street and no one said anything 'cause it wasn't a tattoo parlor.

3:01:39Right. No I think I'm not sure.

3:01:44Okay, no? We don't need anything from the audience. Okay. He sat and quiet the whole time.

3:01:55Okay.

3:01:58Is there anybody else? It hasn't spoken, hadn't had a chance to speak. So uh if the applicant would like to come back and uh respond to some of the concerns. Um

3:02:11Carrie Felice again, the Hogan Law Firm on behalf of the applicant. I just wanted to address some of the concerns and points that were raised and then one of the applicants is gonna um address some of the health department regulation issues. Um you know the uh

3:02:29You know there's time limitations. Just want to make sure that the Mr.

3:02:31Yes, yeah, we're gonna try to hurry as fast as we can. Um the main thing is that there's um it's not not she's not applying for a variance. That word has been used a lot. This is not a variance, this is a a per permissible use in every residential zoning district. Um that seems to be a concern. If that's the case, then you know maybe they should be lobbying for a change in the land development code. Um But it is, it's for a special accepting use permit because of trip generation. And she's talking about generating one to two trips per week. Like someone mentioned,

3:03:01you know, it's not really a business, it's a hobby. That's sort of exactly what she's going for. It's just a home-based, um, you know, very limited part-time business. I mean, she's not really in a position to go rent out a storefront because she cares for her three-year-old granddaughter. Disabled adult. It's just something she really just wants to do a little bit on the side to give herself some um, you know, me time. Um And to make a little bit of extra money. But we're not talking about, you know, like I said, one to two, it has to be by appointment only. That's addressing

3:03:32the conditions. Um, one client at a time. Um, she's talking one to two clients a week, which is what she always saw when she did this as a side business at her home in California. Um, she has no desire to to grow the business, so we're talking about one to two trips a week. Um, she's not allowed to have any side business. So from outside the home, you would never know there was a business going on. Someone actually said, if there's other businesses in the neighborhood, I've never seen them. Well, you won't see this one either. So, because you know, one to most food and package delivery

3:04:02generates likely far more traffic in the neighborhood than one to two clients a week to her home would. Um, that's no more than no more impact from the outside viewer than uh Um if they have a friend over a cup for coffee a time or two a week. So um did you want to talk about the other stuff real quick before we run out of time? Oh okay.

3:04:21Well I don't okay, I only have a minute and twenty here. Um Chairman, um commissioners, my name is Klaus Dana. I'm the husband um of the applicant. I'm at [address removed], and a copy of my statement should be on file. Um Uh regarding the alleged impact of a small private tattoo studio on the Rolling Oak estates, the burden of proof is really on those making the allegations. The decision must be based on verifiable facts and not um uh um allegations. Um I want to address the contamination

3:04:52request or concern. Historically, the amount of waste generated by my wife's business is minuscule. All waste is disposed of under strict.

3:05:03And um my wife has completed regular bloodborne pathogen training. Her tools are sterilized in autoclave and the shop documentation and procedures have set the standard for Santa Cruz County. There is simply no conceivable risk of contamination. Um on the other hand statistically over ten percent of the notified households may have family members with type 2 diabetes, as do I, and uh those people daily dispose of test strips and um Lancets um in a uncontrolled manner. Um there are calls

3:05:33that my wife should open her business in a commercial area because of the type of client she carefully screens and selects by appointment only. But her studio is better suited to a private setting than a strip mall. Um from a cross section of her previous clients, um a pro athlete who did not want to draw public attention, police officers getting a matching tattoo to honor a fallen brother, a cancer survivor getting a tattoo to cover her messectomy scar, all of them were seeking a private studio where they can feel comfortable to share their story away

3:06:03from the impersonal environment and public eye of a strip mall studio. And um I would also want to add that the majority of the um affected households uh that have been notified did not oppose or or um pro um support the studio that just simply didn't care enough. Um only um you know uh a fraction of of the um affected um households uh are in opposition, and most of the letters of opposition are actually outside of the targeted

3:06:33area.

3:06:37Thank you, please.

3:06:40Okay.

3:06:43All right. So I I have a question of the the attorney. Yeah.

3:06:49Yeah, that's what I was I didn't want to leave, I thought you might.

3:06:53Uh the conditions that are in the uh our agenda packet. Or were you involved in

3:07:02Staff prepared all those conditions. We didn't have any input. We don't object to any of the conditions, but we um those were all prepared by staff and or came directly from the LDC.

3:07:14So does it Denise, this is just what you guys did as standard.

3:07:19Um if I can go over the conditions and I'll tell you which ones are standard. Um

3:07:29So uh the condition number one is based on the applicant's request. It's by appointment only. That is also going to be talked about again in condition three. Condition two is also based on the applicant's request. Condition three is 100% standard and it comes directly from 530.21 in the land development code. That basically states that it's limited to the existing owner's applicants, doesn't run with the land, and if the property is transferred or sold, it becomes null and void directly from land development code, B directly from

3:07:59plan development code, C directly from land development code. Code D directly from the land development code. E is directly from the land development code. F G H directly from the land development code. Number four is a deed restriction that we we have brought up in the past because there are some locations that do have deed restrictions, and they're not clear to us whether there are deed restrictions or not deed restrictions. So we place that condition, but that is a standard condition that we use. Condition number five is very specific

3:08:30to the use because it is regulated at the state level and we included that condition. Condition number six is a standard condition for all your special exceptions because they're all uh they're they all have a potential for revocation based on violation of conditions of approval or um uh viol code enforcement uh can also uh you know uh go out to the properties. And condition number seven is also a standard condition where we request that the applicant um notarize and sign the con

3:09:00the uh agenda member with conditions of approval.

3:09:04I have a question too, but I wasn't sure if you were done. So Well I'm not done, but you can answer your question. Okay. Well the chairman says it's okay. Can I ask a question?

3:09:14Of course. So one of the residents made an allegation that this use would violate the deed restrictions for rolling oaks. What is your and I realize there's a condition that says that You're subject to whatever more restrictive conditions there are, but What is your position regarding that? If if she's correct then it wouldn't matter whether we approve this or not because it would violate the duty restrictions. So what is your position on that issue?

3:09:40Right. I I have not conducted a title search on the property. I have been provided with some copies of some extremely old deed restrictions that appeared that they might encumber one of my client owns two parcels, one of the cli parcels that they own. Um, you know, there those, you know, if if there is an if the deed restrictions remain in Which you know, once very old deed restrictions there's a uh a a question about that, um that would be a civil

3:10:10matter between someone with authority to enforce the deed restrictions and my client.

3:10:17So you're saying you would not comply with the deed restrictions?

3:10:21She's saying she's not sure if they're enforceable is what I think she's saying. Why wouldn't they be?

3:10:26Uh Chapter seven twelve of Florida statutes is known as the Marketable Record Title Act and it requires that deed restrictions be preserved in a very specific manner every thirty years. And again, I've not done a title search on the property, but from a cursory glance at the public records, I don't see where these deed restrict restrictions were ever preserved beyond their thirty year anniversary. So I but that's a an issue that would likely have to be litigated in a court.

3:10:57No, I understand. I just wanted to hear what your position is. Okay. So I have one more question, but I don't want to interrupt you again. So um well I'm on a roll I guess Denise uh can you go back to H on the priors the conditions?

3:11:16So I realize that H is straight out of the code. Yes. Um But the applicants representing that they're not going to do more than one or two trips per week, and H in theory allows them to do do more than that.

3:11:33So I guess my question for you is kind of an enforcement issue, which is if the Planning Commission were to impose a condition that said they cannot have more than two clients per week. Is that something that code enforcement has the ability to enforce? And if so, how?

3:11:52Yeah. I I can't think of how code enforcement would have the ability to enforce that.

3:12:00I mean do I guess my do they have cameras that they could place there to see if they're I but I don't I I honestly don't it's a fact question. I don't know. I mean I had if it's a day, a code enforcement officer could sit out there all day and just count them. I don't imagine a code enforcement officer is gonna sit out there for a week or a month.

3:12:15Correct.

3:12:16So That's why it I'm asking, do they have the ability to enforce a condition that's based on Yeah.

3:12:26My my first thought of that would be that they do not have the ability to enforce that condition. Because it would require Literally sitting out there the entire week. Or um I suppose if they're vi if there's a violation of that condition, um, from my experience in code enforcement because I was code enforcement officer in the past as well, is um we Uh code enforcement receives information based on affidavits, so There could also be affidavits from the general public that has

3:12:56witnessed more than

3:12:59that would still require somebody to sit to to watch for a week. Which not doesn't seem very realistic. It's

3:13:04it's

3:13:05not

3:13:05realistic.

3:13:08And I I don't think that the applicants would be opposed to a stricter condition than H as long as it didn't affect their personal comings and goings. They have four adults that live in their house and they might want to have six people over for Thanksgiving or eight people over for the granddaughter's birthday party. So as long as there was it was limited to Clients for the home based occupation if the um specifically I don't think they would be opposed to something less than fourteen.

3:13:39Because we're not going to be able to Ever in a million years does she plan to have fourteen people a week come have get tattoos. She doesn't have that kind of time, I don't think.

3:13:47Well, to be clear, H is is all trips to the residence. It's not just So what H is saying is that if you include their own. family trips and The client trip that can't exceed 14 per day.

3:13:59That's in a day, that's a lot.

3:14:01Right. But I understand that. I'm just saying that I don't H doesn't distinguish. And that's intentionally bec done we're dropped it that way 'cause a code enforcement officer can count trips. I mean he can sit there for a day. Mm-hmm. When you start getting into a week or a month or trying to distinguish between family trips versus client trips. That's why I asked the question. I don't know how code enforcement can enforce that condition. I I There may not be a way. I I don't know.

3:14:33Michael.

3:14:34Thanks. Um Denise, there was um in In the applicant's letter to us, um there's a in sh in her testimony she stated there were other businesses that were operated out of that property, is there any record of that actually being the case?

3:14:53Yeah. I'm glad you mentioned that because I I do have a response to that. So um when we received the original narrative that stated that the reason why the location was so They really liked the location was because the way that the detached structure was set up was it was set up as a cosmetology salon. So I researched business tax receipts. There are no business tax receipts from that location. However, I did go to the state, the

3:15:23Department of Business and Professional Regulation Bureau of Cosmetology, and there was a salon named Kiva. Salon two uh that had a mailing address to that location. However, it did say that their physical address was on US nineteen. So of course, you know, one can assume and whatever what I'm gathering is potentially that that person may have done a few things from his or her house being

3:15:54at that location, but there is no business tax receipt. Right. No business tax receipt from that location from for any type of business there.

3:16:02So there's no history there?

3:16:03Correct.

3:16:07There's there's a in my opinion, there's a huge disconnect between the applicant saying, Hey, I only want eight cars a month, but having the ability with personal and business use, three hundred and thirty six Cars a month. Her trips a month. That's a big difference. Um

3:16:27I will say that one thing I did know I've I've sat and listened to a lot of testimonies as all of y'all have throughout the years. Um the gentleman that came up and actually handed us appraisals and made it part of the public record. I think that's the first time I've actually ever seen someone say, Here's evidence that this I don't know th I that I necessarily agree with what he submitted into evidence, but at least he said you know, here's some evidence that it's gonna hurt my property value. So Um I just want to say thank you 'cause it sort of is refreshing to see

3:16:57that from time to time. Um but the

3:17:02Mm-hmm. I mean I you know, I honestly feel like, you know, a commercial business ought to be in commercial zoning. And that

3:17:12The

3:17:15There's stated in this in in the record, the act wasn't stated they're not gonna have employees but There's nothing in the official documents to prevent them from having employees. And so um I'm not inclined to support this.

3:17:29Okay, is there any

3:17:32Hold your pause, right? None. So uh anything else from up here?

3:17:40I'm I'm moved to deny.

3:17:42So to be clear, uh the reason I had Denise put the criteria up here is because Because staff's recommending approval of the application, if you're gonna recommend denial or make a motion for denial, You have to decide which of the special exception criteria you believe they do not meet. That's why I've asked Denise to put them up here so you can though. No, this is them. It is. Yes.

3:18:06I thought she had another one up.

3:18:08That was for rezoning

3:18:08on the right-of-way.

3:18:09I had bio

3:18:10in

3:18:10error state of

3:18:11putting the

3:18:11rezoning ones. This is the correct one.

3:18:13Okay. Consistent. Um There has been testimony that they will increase traffic.

3:18:22Do you believe it

3:18:23means that I believe that to be the case?

3:18:25So you believe it doesn't meet number two?

3:18:26Right. Um

3:18:40Motion

3:18:40on the floor.

3:18:43Sir, uh this is to the Planning Commission. You cannot be making comments from the audience. So one one and two I think are applicable. Okay. So you So if it's one I we've had this discussion in the past. Yeah, well

3:18:57there is a compatibility policy in the comprehensive plan. Are you s is that the one you're relying on?

3:19:03Yeah, I I don't believe that a commercial business ought to be in a residential neighborhood. So

3:19:10you don't believe

3:19:11I don't I think that's the compatibility issue.

3:19:13Okay, so I'm gonna pull up that Compland policy. Do you know which one it's like one point? I think it's one point

3:19:17ten point one or something like that.

3:19:19I just wanna make sure that's what you're talking about.

3:19:27It's in chapter two though.

3:19:43Yeah, one point ten point one. So I'll bring it up.

3:19:49Last time you made a motion for denial, this is the one you relied on. I just want to verify that this is w the one you're talking about.

3:20:01Sorry, nothing can ever be sick.

3:20:05I apologize.

3:20:08fine.

3:20:10Then everything with one point whatever. Let's see. One point sun.

3:20:15There you go, there's a good idea.

3:20:18Thanks, Terry.

3:20:19You're welcome.

3:20:20All right.

3:20:28I just wanna be able to show it to you on the screen as it in its entire glory.

3:20:34You can do it in two different

3:20:38Just scroll up a little bit.

3:20:43Mm. Well that uh yeah, that absolutely applies. So you're the you're looking at the existing development patterns and improved development in the area? Yep. Okay. So your motion is to deny based on inconsistency with the comp plan, specifically policy one point ten point one. And not complying with criteria number two about increased traffic. Yep.

3:21:08I

3:21:09have a comment, Mr. Chairman Mariano. We have a motion. We second the motion. Yeah. Okay. Can we have a second for this discussion? Sorry.

3:21:16Uh j the only thing I wanted to mention, there was the uh yoga studio that came before a special exception last time. And it was allowed to have, I believe, eight clients and an instructor.

3:21:27It was a little bit different. I'm sorry. It wasn't a home occupation, it was a special exception for a private school.

3:21:32Okay. So

3:21:33it was a little different. It wasn't within that parameters within five thirty point two three.

3:21:37Okay. Regardless, I guess it'd be probably about Eight.

3:21:44Times. I guess there's by about twenty-seven trips a day. So just I just want to put that in perspective something we did approve. And they would be you know, that's gonna happen. And that's all.

3:21:57Okay. Denise. Denise, just a question. Um As far as home occupations, I'll take like a take a daycare or somebody that wants to watch two or three kids at their house. That aren't their kids. Does that require a special exception like this?

3:22:16Yes, it would require a special exception.

3:22:20If they're doing it as a business.

3:22:23I guess I just have to ask the same question of the Planning Commission members.

3:22:29With with the date care I would have to take a look at the state statute, but because there's some preemptions for under um Department of Children and Families where if you're you're less than a certain number of children that you're taking care of, it's considered permitted use and zoning is preempted, as is the same case with um the Agency for Healthcare Administration. And when you have a uh you're you have a uh you're taking care of adults or people stay over or that type of

3:22:59thing, there's a there's a a cutoff. Um from the perspective of whether something is considered a residential treatment and care facility, the cut that cutoff is seven or more. So if it's less than seven, so six or less, uh that is preempted to the state. Zoning cannot get involved. It's the same thing with taking care of children, but I would have to double check for you on that.

3:23:25To me it sounds like At least part of the confusion is is that the the eight customers per month was in the finding of fact, not in the conditions. The conditions goes to fourteen trips a day.

3:23:35Because that's the standard condition of the L D C that yeah.

3:23:42This is why I asked you about the enforcement issue.

3:23:47The question is whether the county could realistically enforce it.

3:23:51Yeah. And and I don't know that it would make a difference up here. I just I asked that question because I mean if somebody wants to watch two or three kids uh as a home minor home occupation, would would you have the same opinion is all I ask?

3:24:04E every time we do this it creates a

3:24:07A

3:24:07compliance issue with the county. Sure. And I I'm always concerned about that because it's not enforceable. Because I've I've heard the complaints. And you try to do something about it and Once the nose is under the tent, you can forget about it.

3:24:23Now with that said, I'd like to r refer to page two of five of the documents we received. On June 6, 2019, they approved dog daycare. On May ninth, twenty nineteen, massage therapy. On November fifteenth, two thousand and eighteen another dog grooming facility. Now these are all with conditions. On September the tenth, twenty fourteen, a petition for firearms.

3:24:54I I just want to be clear though, those are just examples of other special exceptions for home occupations that generate trips that have been approved by the Planning Commission, not specifically in this neighborhood. The one that's in this neighborhood is the one that's located 250 feet southwest, which was approved in 2001. Um but when I looked at the actual petition on that one, it did not um it Did not have trip generation at all because our code prior to 2012 did not have the distinction

3:25:24between a home occupation, a minor home occupation, a major home occupation, and a minor home occupation that has trip generation. Previously, minor home occupations were not permitted uses at all, or accessory uses at all as they are today. For that purpose, that realtor who came in two thousand one who I believe doesn't live there any longer, came in and applied for a home occupation. But that's the only one that's in that actual neighborhood.

3:25:52But the but I'm going to the point is that you're denying because it's in this home or in this community. But of course it doesn't say where these were at, it just says these are appointment only businesses related to vi visits and a list about what seven, eight we have here. So I'm just trying to figure out here if i if we deny this. I think somebody would be smart enough to come back and say, hey, why do you deny it based on the fact that in the past you've approved these kinds of things? But anyway then just food for thought.

3:26:24Well I think every one of these has to stand on their own merit. And I don't know that you necessarily create precedents in in these situations, but

3:26:32Yeah.

3:26:33I would I would think they would, you know, but that's that's up to legal counsel to the right-of-way. I think mo

3:26:38most of most of the objections have been related to how it might affect property values. So that not trips. I think that's really the the whole crux of the matter is whether you believe that It does or it does not affect or could affect Someone's property value. My feeling as an e expert in the real estate business for for over forty years. Because it does a fact. The property value.

3:27:07Yeah.

3:27:10The You know, the fact that it there may be a real estate business in the neighborhood. May not have as much effect on property values as A tattoo parlor or uh You know, a massage parlor or or something like that. Mike said they have to stand on their own merit and I I agree with that.

3:27:29Yeah, I don't I don't think that you can't. presume that because you've approved a special exception in the past in some other neighborhood that you have to approve this special exception. I mean there every special exception is fact based. So And there's unique facts here. I mean for example there is a deed restriction while it may And may not be enforceable, there is at least some evidence of intent of this neighborhood to not have commercial uses in the neighborhood. So That may not that fact may not be in existence in other neighborhoods where

3:27:59we've approved something.

3:28:02They're all fact based.

3:28:06Okay, any question? Any further discussion? If not, we'll call a question. Uh we have a motion. And a second to deny. Uh all in favor? Aye.

3:28:17Aye.

3:28:18Opposed?

3:28:18Nay.

3:28:20Okay, motion carries.

3:28:21Does the clerk need a roll call or you're gonna Just okay, all right.

3:28:27That's right.

3:28:29Move to adjourn.