[1. Board of Supervisors - Consider such action as may be required regarding an appeal to the Board of Supervisors of Administrative Hearing Officer Case No. 23-002462, County of Yavapai v. Rebecca Rickey. ]

HEARING OFFICER. CASE NUMBER 23-002462.

COUNTY OF YAVAPAI VERSUS REBECCA RICHIE.

CHAIRMAN. SINCE THE PROPERTY IN QUESTION HAS BEEN BROUGHT INTO FULL COMPLIANCE, I MAKE A MOTION TO FORGIVE THE $10,000 PENALTY AND A $500 FINE.

I'LL SECOND THAT MOTION A SECOND.

IS THERE ANY STATEMENT BY OUR ATTORNEY AND ASSISTANT ADMINISTRATOR? CHAIR, MEMBERS OF THE BOARD.

MARTIN BRENNAN, ASSISTANT COUNTY MANAGER.

THE BOARD DOES HAVE THE INFORMATION NEEDED IN ORDER TO MAKE A DECISION TODAY.

SO, EMOTION HAS ALREADY BEEN MADE.

I DON'T HAVE ANYTHING TO ADD.

THANK YOU. MOTION MADE AND SECONDED.

ALL IN FAVOR? AYE, AYE.

ANY OPPOSED? NONE.

MISS RICHIE IN THE ROOM? YES. IS THAT OKAY WITH YOU? YES. EXCEPT I, YOU KNOW, I HATE TO PUT MY FOOT IN MY MOUTH AND EVERYTHING, BUT I HAVE AN ISSUE.

WHY DON'T YOU COME UP AND SPEAK IF YOU HAVE AN ISSUE? WE CAN'T DISCUSS THAT UNDER THIS ITEM AT THIS POINT IN TIME.

THIS ITEM AND ONE OF THE MAIN THINGS, BECAUSE I DON'T WANT TO HAVE TO KEEP GOING THROUGH THIS, I THINK I HAD MENTIONED THAT THE ANONYMOUS COMPLAINT SYSTEM PROVIDES A VEHICLE FOR CERTAIN.

NEIGHBORS THAT ARE NOT BEING VERY NEIGHBORLY.

TO USE IT AS A VEHICLE WITHOUT ACCOUNTABILITY, TO MAKE FALSE ACCUSATIONS, I'VE HAD TO RAISE.

LET'S KEEP IT.

WE'VE ALREADY SAID WE ARE GOING TO FORGIVE.

THIS WAY. THE PROPERTY IS RIGHT NOW DUE TO MY DISABILITIES.

SO, THERE'S A FEW ACCOMMODATIONS THAT I WOULD LIKE.

YOU'LL HAVE TO DISCUSS THOSE.

WE CANNOT TAKE THOSE INTO CONSIDERATION AT THIS POINT IN TIME.

WE'RE ONLY CONSIDERING THE ACTION OF THE BOARD THAT SET THIS ACTION IN PLACE.

YOU NEED TO TALK TO DEVELOPMENT SERVICES.

AND CHAIRMAN.

VICE CHAIR. MEMBERS OF THE BOARD? YES. IN FACT, IF MISS RICHIE DOES HAVE CONCERNS, IT WOULD BE APPROPRIATE TO ADDRESS THEM TO DEVELOPMENT SERVICES.

I'LL ALSO GIVE YOU MY CARD.

I'M THE ATTORNEY FOR THE BOARD.

I ALSO WORK DIRECTLY WITH THE DEVELOPMENT SERVICES DEPARTMENT.

I'LL BE HAPPY TO ADDRESS ANY CONCERNS YOU MAY HAVE.

OKAY. THANK YOU.

THERE IN THE LAST ROW BEHIND YOU ALL THE WAY BACK.

YEAH. AND BECAUSE THIS IS REALLY LIMITED IN SCOPE TO AN APPEAL OF THE DECISION BY THE HEARING OFFICER, AND THAT HAS ALREADY BEEN RESOLVED BY THE BOARD. OKAY.

ALL RIGHT. THANK YOU.

OKAY. MOVING ON TO HEARINGS, APPROVE A PERMANENT AND TRANSFERABLE USE PERMIT TO ALLOW FOR A WAIVER OF SECTION 564 SECTION A.3 OUTSIDE STORAGE AS IT

[1. Development Services - Approve a permanent and transferrable Use Permit to allow for a waiver of Section 564, subsection A.13; Outside Storage as it pertains to steel storage containers, to allow for one (1) 320-sq. ft. Conex Box (steel storage container), on approximately 2.5 acres in the R1L-70 (Residential; Single-family limited to site-built structures only; 70,000 square foot minimum lot size) zoning district, subject to the conditions of approval. Owner: Whatever Way LLC, Tim Schwartz; Applicant/Agent: Permit Pushers, LLC by James Gardner; Project Name: Schwartz Use Permit – Conex Box in the R1L zoning district; APN: 407-17-007X; PLA23-000124. The property is located at 1600 S. Whatever Way in the community of Cornville, AZ. Section 10, Township 15N, Range 04E, G&SRB&M. Staff: Stephanie Johnson (District 2 - Supervisor Gregory)]

PERTAINS TO STEEL STORAGE CONTAINERS TO ALLOW FOR ONE 320 SQUARE FOOT CONEX BOX STEEL STORAGE CONTAINER ON APPROXIMATELY TWO AND A HALF ACRES IN R-1.

L-70 RESIDENTIAL SINGLE FAMILY, LIMITED TO SITE-BUILT STRUCTURES.

ONLY 70,000 SQUARE FOOT MINIMUM LOT SIZE.

CAN YOU MAKE THESE SHORTER IN THE FUTURE? I WOULD SURE LOVE TO, SO WOULD I.

SO ANYWAY, THE ZONING IS SUBJECT TO THE CONDITIONS OF APPROVAL.

THE OWNER, WHATEVER WAY LLC AND TIM SCHWARTZ, APPLICANT AND AGENT PERMIT PUSHERS LLC BY JAMES GARDNER.

PROJECT NAME SCHWARTZ USE PERMIT CONEX BOX AND ART A LOT OF THIS.

I'M NOT GOING TO READ THE REST OF IT.

OKAY, YOU GOT IT.

I WILL MAKE A GOOD RECORD WITH THAT.

GOOD MORNING, CHAIRMAN BROWN.

MEMBERS OF THE BOARD.

FOR THE RECORD, I'M STEPHANIE JOHNSON, PLANNER WITH YAVAPAI COUNTY DEVELOPMENT SERVICES.

[00:15:01]

I AM HERE THIS MORNING TO PRESENT TO YOU, MR. SCHWARTZ, REQUEST FOR A USE PERMIT.

THE SUBJECT PARCEL IS LOCATED IN DISTRICT TWO, SUPERVISOR GREGORY'S DISTRICT.

THE PROPERTY IS ADDRESSED AT 1600 SOUTH WHATEVER WAY IN THE COMMUNITY OF CORNVILLE.

THE SUBJECT PARCEL IS ZONED R-1, L-70, WHICH IS A RESIDENTIAL SINGLE FAMILY LIMITED TO SITE BUILT ONLY STRUCTURES.

IT IS APPROXIMATELY TWO AND A HALF ACRES AND IS SURROUNDED BY THE R1 ZONING DISTRICT.

THE MAJORITY OF THE SURROUNDING PARCELS ARE DEVELOPED SINGLE FAMILY RESIDENTIAL PARCELS.

HERE IS THE AMENDED SITE PLAN THAT WAS SUBMITTED UPON THE REQUEST OF THE PLANNING AND ZONING COMMISSION.

THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL OF THIS APPLICATION WITH AN 8 TO 1 VOTE.

THE SITE PLAN HERE SHOWS THE PROPOSED CONEX BOX.

THE STEEL STORAGE CONTAINER WILL MEET THE REQUIRED 30-FOOT EXTERIOR SIDE SETBACK.

PREVIOUSLY, THE SITE PLAN PROVIDED WAS REQUESTING AN ENCROACHMENT OF FIVE FEET ON THAT SETBACK, BUT THE APPLICANT WAS WILLING TO MAKE SURE THAT SETBACKS WERE MET AND HAS REVISED THAT SITE PLAN.

THE PROPERTY OWNER, MR. SCHWARTZ IS REQUESTING A WAIVER OF SECTION 564, SUBSECTION A.13, TO ALLOW FOR A PLACEMENT TO ALLOW FOR PLACEMENT OF A CONEX BOX, A STEEL STORAGE CONTAINER IN THE R-1L ZONE.

ON THE R-1 ZONE PARCEL.

FURTHER, MR. SCHWARTZ IS REQUESTING TO ALLOW FOR PAINT COLORS OTHER THAN WHAT IS ALLOWED BY THIS SECTION OF THE ORDINANCE.

THE ORDINANCE REQUIRES THAT THE STEEL STORAGE CONTAINER BE PAINTED EITHER THE PRIMARY STRUCTURE COLOR OR AN EARTH TONE CONSISTENT WITH THE SURROUNDING AREA.

HERE ARE SOME PHOTOS OF THE ARTWORK ON THE STORAGE.

ON THE STEEL STORAGE CONTAINER.

A COUPLE PHOTOS OF THAT.

NOW LET'S LOOK AT SOME PROPERTY PHOTOS.

THIS IS AN OVERHEAD VIEW FROM GOOGLE IMAGES.

THE APPROXIMATE PROPERTY BOUNDARY OF THE SUBJECT PARCEL IS OUTLINED IN RED.

MR. SCHWARTZ OWNS THIS PARCEL AS WELL AS A MUCH LARGER PARCEL JUST BEHIND THIS PARCEL.

HERE'S A LITTLE CLOSER VIEW OF THAT PARCEL FROM GOOGLE IMAGES.

THIS IMAGE IS FROM WHEN THE CONEX BOX WAS ON SITE.

DEVELOPMENT SERVICES HAD RECEIVED A COMPLAINT ABOUT THE CONEX BOX.

MR. SCHWARTZ DID VOLUNTARILY COMPLY WITH THAT NOTICE OF VIOLATION AND REMOVED THE CONEX BOX.

HOWEVER, THIS WILL GIVE YOU A LITTLE VIEW OF WHAT IT LOOKED LIKE FROM AN AERIAL VIEW ON THE PROPERTY.

IF APPROVED, THE CONEX BOX WILL BE PLACED ESSENTIALLY IN THE SAME LOCATION OTHER THAN MR. SCHWARTZ IS GOING TO RUN THE CONEX BOX NORTH AND SOUTH RATHER THAN EAST AND WEST, SO THAT IT CAN MEET THE SETBACKS THAT ARE REQUIRED.

HERE'S A CLOSE-UP VIEW OF THE POSTING IN FRONT OF THE PROPERTY.

THERE'S A VIEW OF THE FRONT OF THE SUBJECT PARCEL LOOKING NORTH WITH THE POSTING IN VIEW.

THE DRIVEWAY OVER HERE.

THE RESIDENCE BEHIND THE TREES.

THIS IS LOOKING SOUTH ACROSS THE STREET FROM 1600, WHATEVER WAY.

THIS IS THE CONTINUATION OF THE WHATEVER WAY EASEMENT.

THIS VIEW IS LOOKING WEST TOWARDS LOY STREET, WHICH RUNS BACK HERE.

THE FRONT HERE IS SOUTH ASPICE.

THE RESIDENTS TUCKED IN THE BACK.

WHERE WOULD THE CANUCKS CONTAINER BE? THIS IS THE WHATEVER WAY EASEMENT THAT GOES NEXT TO HIS PARCEL.

RIGHT HERE WILL BE THE PLACEMENT, THE PROPOSED PLACEMENT OF THAT CONEX BOX.

THAT'S WITH THE SETBACK.

CORRECT. SO, THIS WHATEVER WAY EASEMENT IS OFF THE SIDE, YOU CAN'T SEE IT HERE.

AND WHEN THEY PLACE THAT CONEX BOX RUNNING PERPENDICULAR NORTH AND SOUTH RATHER THAN HORIZONTALLY, IT WILL MEET THAT REQUIRED 30-FOOT SIDE SETBACK. HERE'S ANOTHER VIEW OF THAT PROPOSED CONTAINER PLACEMENT.

A LITTLE BIT CLOSER VIEW OF THAT PROPOSED CONTAINER PLACEMENT.

THIS IS WHERE IT WAS PREVIOUSLY PLACED.

THEY'LL REARRANGE IT JUST SLIGHTLY TO MAKE SURE THAT SETBACK IS MET.

IF WE ALLOW FOR THIS, THE CONNECT CONTAINER IS GOING TO BE PAINTED PRIOR.

THE CONEX BOX IS CURRENTLY PAINTED IN THE ARTWORK AND DEPENDING ON THE OUTCOME OF THIS HEARING, IT WILL EITHER BE REPAINTED AND

[00:20:04]

PLACED, OR IT WON'T BE PLACED AT ALL, OR HE'LL BE PLACING IT WITH THE ARTWORK DEPENDING ON WHAT YOU DECIDE TODAY, THIS IS JUST ANOTHER VIEW OF THE FRONT OF THE HOME AND THE DRIVEWAY.

THE RESIDENTS AS WELL.

TO DISCUSS CONFORMANCE WITH THE COMPREHENSIVE PLAN.

THE APPLICANT'S REQUEST FOR A USE PERMIT IS IN LINE WITH THE COMPREHENSIVE PLAN, AND THAT WE IN THAT THEY ARE USING THE APPROPRIATE PROCESS AND PROCEDURE TO REQUEST AN ALLOWANCE THAT IS OUTSIDE OF THE BY RIGHT ALLOWANCES.

SEE GOAL SIX.

POLICY SIX SEE WORK WITH LANDOWNERS TO ADDRESS COMMUNITY CONCERNS ABOUT THEIR LAND USE WHILE RESPECTING THEIR PRIVATE PROPERTY RIGHTS.

THE PURPOSE OF THE USE PERMIT IS TO ALLOW THE PROPERTY OWNER TO REQUEST A USE OUTSIDE OF THE BY RIGHT ZONING DISTRICT ALLOWANCES IN A PUBLIC COMMENT SETTING.

EACH USE PERMIT IS SUPPOSED TO BE TREATED AS ITS OWN REQUEST AND DOES NOT SET PRECEDENT.

STAFF IS SUPPORTING THIS GOAL BY HAVING THE APPLICANT GO THROUGH THE USE PERMIT PROCESS.

IN SUMMARY, MR. SCHWARTZ IS REQUESTING ALLOWANCE OF THE CONEX BOX ON AN R-1L RESIDENTIAL SINGLE FAMILY, LIMITED TO SITE BUILT ONLY STRUCTURES ZONED PARCEL AND FOR IT TO BE PAINTED WITH COLORFUL ARTWORK.

WHILE I WAS IN THE NEIGHBORHOOD POSTING THE PARCEL AND TAKING PHOTOGRAPHS, I DID NOT OBSERVE ANY OTHER CONEX BOXES IN THE AREA.

HOWEVER, I HAVE BEEN INFORMED THAT DOWN THE ROAD ON LOY, THERE WERE SOME OTHER CARGO CONTAINERS, AND CONEX BOXES IN THAT LOCATION.

I DIDN'T PERSONALLY SEE THEM, BUT I UNDERSTAND THEY ARE THERE.

STAFF IS NOT AWARE OF ANY OTHER SIMILAR TYPE OF USE PERMIT REQUESTS BEING MADE NOR GRANTED.

CITIZEN PARTICIPATION.

THE MAP ON THE SCREEN SHOWS THE 1000-FOOT RADIUS THAT WAS REQUIRED FOR THE CITIZEN PARTICIPATION.

THE SUBJECT PARCEL IS MARKED WITH A STAR.

THE APPLICANT SET SENT A PRE-APPLICATION LETTER TO ALL PROPERTY OWNERS WITHIN 1000FT ON JULY 19TH, 2023, AND HELD AN ONSITE MEETING ON AUGUST 9TH, 2023.

THE APPLICANT PROVIDED FIVE LETTERS OF SUPPORT IN THEIR CITIZEN PARTICIPATION REPORT.

THOSE LETTERS WERE INCLUDED IN YOUR PACKET.

STAFF POSTED THIS APPLICATION FOR ON THE SURVEY ONE, TWO, THREE ON NOVEMBER 16TH, 2023, AND AS OF THIS MORNING, THE ONLY TWO RESPONSES WERE WHAT WAS PROVIDED IN YOUR PACKET, ONE IN SUPPORT AND ONE IN OPPOSITION.

AT THE PLANNING AND ZONING MEETING ON DECEMBER 21ST, THE PLANNING AND ZONING COMMISSIONERS MADE A RECOMMENDATION OF APPROVAL TO THE BOARD OF SUPERVISORS.

THE VOTE WAS 8 TO 1, WITH COMMISSIONER GRIFFITHS IN OPPOSITION.

DUE TO THE PERMANENT AND TRANSFERABLE LANGUAGE CONTAINED IN CONDITION IN CONDITION OF APPROVAL NUMBER ONE.

STAFF HAS NO CONCERNS WITH THIS APPLICATION.

ON THE OVERHEAD ARE THE SUGGESTED STIPULATIONS FOR THIS.

FOR THIS SHOULD YOU FIND APPROVAL APPROPRIATE.

THE LETTERING IS A LITTLE SMALL.

WOULD YOU LIKE ME TO READ THOSE STIPULATIONS? I'D BE HAPPY TO. YES, PLEASE.

CONDITION OF APPROVAL NUMBER ONE PERMANENT AND TRANSFERABLE USE PERMIT TO ALLOW FOR A WAIVER OF SECTION 564, SUBSECTION A 13 OUTSIDE STORAGE AS IT PERTAINS TO STEEL STORAGE CONTAINERS TO ALLOW FOR ONE 320 SQUARE FOOT CONEX BOX STEEL STORAGE CONTAINER, WITH THE EXISTING ARTWORK PAINTED ON IT ON APPROXIMATELY 2.5 ACRES IN THE R1 L 70 ZONING DISTRICT.

CONDITION OF APPROVAL.

NUMBER THREE.

NUMBER TWO WAS STRICKEN BY THE PLANNING AND ZONING COMMISSION AS IT WAS REQUESTING THE REDUCTION IN SETBACK, WHICH IS NO LONGER NECESSARY.

THE CONDITION OF APPROVAL.

THREE PROPERTY TO BE MAINTAINED IN CONFORMANCE WITH THE LETTER OF INTENT AND SITE PLAN SUBMITTED WITH THIS APPLICATION IN ACCORDANCE WITH ALL APPLICABLE CODES, REGULATIONS AND ORDINANCE REQUIREMENTS.

NUMBER FOUR, CERTIFICATE OF COMPLIANCE TO BE ISSUED WITHIN ONE YEAR OF BOARD OF SUPERVISORS APPROVAL, CONFIRMING THAT ALL STIPULATIONS HAVE BEEN SATISFIED.

THE USE IS OPERATING IN CONFORMANCE WITH ALL APPROVALS, ALL BUILDING PERMITS HAVE BEEN ISSUED, AND THE USE IS IN CONFORMANCE WITH ALL APPLICABLE COUNTY, STATE AND FEDERAL REGULATIONS OR THE USE PERMIT WILL BECOME NULL AND VOID.

NUMBER FIVE IN THE EVENT OF THE OWNER OF THE SUBJECT PROPERTY FILING A CLAIM UNDER ARS SECTION 12 1134 REGARDING

[00:25:07]

THIS USE PERMIT, THIS USER USE PERMIT SHALL BE NULL AND VOID.

I DO HAVE THE PROPERTY OWNER HERE AS WELL AS A REPRESENTATIVE FROM PERMIT PUSHERS.

IT IS NOT MR. JAMES GARDNER.

MISS CAMILLE IS HERE THIS MORNING.

ON BEHALF OF PERMIT PUSHERS.

IF YOU WOULD LIKE TO HEAR FROM EITHER OF THEM.

I THINK IT'S MR. GREGORY. IT'S YOUR DISTRICT.

I'D LIKE TO HEAR FROM HIM.

WOULD YOU LIKE THE PROPERTY OWNER FIRST? YES. MR. SCHWARTZ. PLEASE BE SURE TO STATE YOUR NAME.

HEY, GUYS, IT'S TIM SCHWARTZ.

THANKS FOR HAVING ME. NOW, WAS THIS IN PLACE PRIOR? AND THEN YOU GOT A VIOLATION, AND THEN YOU REMOVED IT? THAT'S CORRECT. OKAY.

IS THERE ANY REASON WHY YOU DIDN'T GET A PERMIT? AND INITIALLY, YOU KNOW, I WASN'T EVEN AWARE THAT I COULDN'T HAVE A CONTAINER.

SO WHEN I GOT THAT COMPLAINT, I KIND OF FIGURED OUT WHAT WAS GOING ON AND DECIDED TO GO FOR THE PERMIT FROM THEN.

OKAY. THAT'S ALL THE QUESTIONS I HAD.

YOU'RE AWARE OF THE SETBACKS AT THE TIME YOU PUT THE CONTAINER IN OR YOU DIDN'T CHECK? NO. I WASN'T AWARE.

OKAY. AND WHAT'S YOUR PLAN FOR PAINTING IT? I KNOW IT'S ALREADY PAINTED.

NO, BUT I MEAN PAINTED A NEUTRAL COLOR.

DO I HAVE A PLAN FOR PAINTING IT NEUTRAL? I MEAN, I'M APPLYING FOR THIS PERMIT TO KEEP IT AS IS.

IT'S A IT'S AN ART PROJECT.

I'M AN ARTIST. IT'S JUST USED FOR STORAGE PURPOSES.

AND THE PLAN IS TO BASICALLY TAKE THIS ON THE ROAD, AND IT'S JUST A PLACE TO STORE IT WHILE IT'S NOT AT, LIKE, ART SHOWS.

OH, SO IT'S GOING TO BE COMING AND GOING.

YEAH, OKAY.

ANY OTHER QUESTIONS? WELL, IT IS, ABSOLUTELY AN ARTWORK.

SO CONGRATULATIONS ON YOUR CREATIVITY.

I'D BE INTERESTED IN KNOWING A LITTLE BIT MORE ABOUT THAT IF YOU WOULD, KINDLY SHARE THAT.

DO YOU SEE YOURSELF TAKING THIS CONTAINER TO DEMONSTRATE AS PART OF YOUR YOUR WORK? YEAH. YEAH, I JUST KIND OF FEEL LIKE THE WORLD NEEDS A LOT MORE BEAUTIFUL THINGS.

AND THIS IS KIND OF JUST AN EXAMPLE OF THAT.

AND I'VE ACTUALLY HAD A LOT OF NEIGHBORS WHEN THE CONTAINER WAS ACTUALLY FORCED TO REMOVE, AND THEY WERE ACTUALLY MISSING THE VIEW OF THE PIECE OF ART.

SO I FEEL LIKE, YOU KNOW, MORE ART IS DEFINITELY NEEDED IN THE WORLD, AND HOPEFULLY YOU GUYS WILL BE IN SUPPORT OF THAT.

I SURE APPRECIATE IT. AND I ABSOLUTELY, THANK YOU, MISS MALLORY.

YEAH. I WAS JUST CURIOUS ABOUT WHY IT IS THAT YOU WOULD LIKE IT TO BE PERMANENT AND THEN TRANSFERABLE.

CAN I ASK MY REPRESENTATIVE REALLY QUICK ABOUT THAT? DO YOU KNOW WHO? THE LAST MEETING. SPECULATION ABOUT THAT, AND I DON'T KNOW THE LANGUAGE.

THANK YOU. BOARD. STEPHANIE JOHNSON, PLANNER.

AT THE LAST AT THE PLANNING AND ZONING COMMISSION THAT WAS DISCUSSED.

IT DOES NOT MR. SCHWARTZ DID NOT REQUEST THAT IT HAS TO BE PERMANENT AND TRANSFERABLE.

HE IS OPEN TO IT BEING, PERMANENT FOR HIM, BUT NOT NECESSARILY TRANSFERABLE FOR ANOTHER OWNER.

HE DOESN'T WANT TO HAVE TO COME BACK AND RENEW THAT PERMIT EVERY SO OFTEN.

THEREFORE, WE REQUESTED THE PERMANENCY.

TRANSFERABLE WAS JUST IN CASE HE WANTED TO ESTABLISH IT IN A MORE PERMANENT MANNER, AND IF HE CHOSE TO SELL THE PROPERTY, IT WOULD BE ALLOWED TO REMAIN ON THE PROPERTY.

HOWEVER, MR. SCHWARTZ HAS INDICATED TO ME THAT HE IS AMENABLE TO MAKING THAT PERMANENT NONTRANSFERABLE.

I DON'T, FOR YOU HAVING IT FOR AS LONG AS YOU WANT AND EVERYTHING.

I THINK THAT IS PERFECTLY FINE.

I WOULD JUST ME PERSONALLY, I WOULD KIND OF LIKE THE FACT THAT IT JUST BELONGED TO YOU.

AND THEN IF YOU DID SELL YOUR PROPERTY, THEN IT WOULDN'T ACTUALLY GO THAT WAY.

BUT, YEAH, THAT'S ANOTHER PROBLEM.

OKAY. I DON'T I DON'T KNOW ABOUT THE OTHER BOARD.

THAT'S JUST SOMETHING I WAS BRINGING UP.

AND AND I GUESS I'M, I'M STRUGGLING A LITTLE BIT WITH YOU'RE GOING TO MOVE THAT TO YOUR ART SHOWS.

WHEN YOU HAVE ART SHOWS THAT'S GOING TO BE IT'S GOING TO BE MOBILE AND IT'S JUST GOING TO BE KIND OF TEMPORARY PARK THERE.

SO YOU'RE GOING TO MOVE THAT THING EVERY TIME YOU DECIDE TO GO TO ONE OF YOUR SHOWS.

YEAH. I DON'T KNOW HOW MANY TIMES IT'S GOING TO BE MOVED, BUT YEAH, THAT'S KIND OF THE IDEA OF IT.

YEAH. I DON'T HAVE AN ISSUE WITH THE.

THE CONTAINER ITSELF.

I GUESS WHAT I'M STRUGGLING WITH IS THAT NOT NEUTRAL COLORS AND, AND.

I WOULD GO WITH THE MOTION TO APPROVE WITHOUT WITH BEING IN NEUTRAL COLORS.

[00:30:02]

AND THEN WHEN YOU MOVE, THE CONEX BOX MOVES WITH YOU.

THEREFORE IT'S NOT TRANSFERABLE.

THOSE ARE MY TWO ISSUES AS WELL.

IS IT MUST BE PAINTED AND IT IS NOT TRANSFERABLE.

AGREED. AGREED? YES. AND THAT'S MY MOTION.

OKAY. SECOND.

SECOND. OKAY.

DO WE UNDERSTAND WHAT WE'RE TALKING ABOUT HERE NOW? EVERYBODY CLEAR? YOU GET THE USE PERMIT, BUT IT IS NOT TRANSFERABLE.

YOU GET TO PUT THE CONTAINER BACK ON THE PROPERTY, BUT YOU'RE GOING TO HAVE TO PAINT IT.

SO THERE'S NO WAY THAT I CAN KEEP THE CONTAINER IN THE COLORS THAT IT IS RIGHT NOW, BECAUSE THAT'S THE WHOLE POINT.

I'M AN ARTIST AND, WELL, WE CAN VOTE ON IT IF YOU WANT AND THEN YOU HAVE ANOTHER ISSUE.

OR DO YOU WANT TO GO BACK AND SEE WHAT YOU CAN TALK OVER WITH DEVELOPMENT SERVICES? I DON'T. THIS REALLY WOULD BE IN A POSITION FOR YOU GUYS TO MAKE A DECISION.

THE ORDINANCE REQUIRES NEUTRAL COLORS.

THE USE PERMIT IS ASKING FOR ANYTHING OUTSIDE OF THAT ORDINANCE ALLOWANCE.

HIS REQUEST IS TO KEEP IT.

SO IT IS YOUR DECISION NOW, WHETHER HE EITHER KEEP IT OR IT GOES TO A NEUTRAL COLOR.

MR. CHAIRMAN, IF I MAY, I JUST MY MY THOUGHT WITH IT IS BEFORE WE VOTE AND I CERTAINLY UNDERSTAND THE THE ORDINANCE AND THE NEED TO IN MOST CASES HAVE IT BE NEUTRAL IN COLOR.

BUT THIS IS THIS MAN'S OCCUPATION AND IT'S PART OF HIS WORK.

AND I WOULD BE MORE COMFORTABLE LETTING HIM HAVE IT IN THE PRESENT FORM THAT HE HAS CREATED IN ORDER TO ASSIST HIM IN HIS LINE OF WORK WHEN HE GOES TO HIS SHOWS.

SO IT'S JUST SOMETHING TO THINK ABOUT.

BUT I DO APPRECIATE THAT THE ORDINANCE IS THERE FOR A REASON, AND I CAN'T IMAGINE HAVING, YOU KNOW, THE SPECTER OF ALL SORTS OF COLORS EVERYWHERE ACROSS THE COUNTY.

BUT THIS IS A BIT OF AN EXCEPTION, WHICH IS WHY HE IS BEFORE US TODAY.

MISS MALLORY. SO I REALLY DON'T WANT THE PART OF THE TRANSFERABLE FOR SURE.

I DO HAVE THE CONDITIONS APPROVAL UP AND WE CAN MODIFY THEM AS NECESSARY, AS YOU GUYS SEE.

MY ONLY CONCERN IS, IS WE DO PUT ALL OF THESE TYPES OF ORDINANCES IN, AND WE WORK A LOT ON THEM.

AND WHEN DO WE.

WHEN DO WE START FOLLOWING THEM? I MEAN, WE SPENT A LOT OF TIME.

THERE'S A LOT OF WORK PUT INTO THEM.

WE HAVE THEM THERE FOR A PURPOSE, AND I.

I JUST FEEL LIKE WE NEED TO FOLLOW WHAT WE PUT IN TO THE ORDINANCE.

AND I APPRECIATE HIS PROFESSION, AND I LOVE ART.

BUT AGAIN, WE HAVE ORDINANCES TO TRY TO CONDUCT REGULATIONS FOR OUR COMMUNITY.

SO I, I REALLY AM ABOUT FOLLOWING THE GUIDELINES, THE ORDINANCE.

OKAY. THERE IS A MOTION ON THE FLOOR AND A SECOND.

SO THEREFORE I HAVE NO INTENTIONS OF WITHDRAWING MY SECOND AND I HAVE NO INTENTION.

SO DO YOU HAVE THAT APPROPRIATELY STATED? YES, SIR. I HAVE A MOTION BY SUPERVISOR GREGORY TO APPROVE THE USE PERMIT WITH NEUTRAL COLORS AS NONTRANSFERABLE AND A SECOND BY SUPERVISOR OBERG.

ALL IN FAVOR? AYE AYE. AYE AYE.

NAY. FOUR EYES AND A KNEE DOES NOT PASS.

COUNTY MANAGERS REPORT.

COLORS. I WOULD JUST LIKE TO CORRECT THIS CONDITION OF APPROVAL REAL QUICK TO MAKE SURE YOU GUYS ARE AGREEABLE WITH THE LANGUAGE.

IT'S DISAPPROVED.

WHAT ARE YOU CHECKING? NO, I THINK IT'S APPROVED.

BUT WITHOUT THE THE WITH THESE TWO STIPULATIONS.

YES. CORRECT. OKAY.

ALL RIGHT. NONTRANSFERABLE WITH NEUTRAL COLOR.

YES. MISS CAMILLE FROM PERMIT PUSHERS WOULD LIKE TO ADDRESS YOU IF THAT IS OKAY.

THAT'S UP TO THE BOARD.

WE'VE ALREADY RULED.

SEEING POINT. THE ANSWER IS NO.

OKAY. IS THIS REVISION OF THE CONDITION OF APPROVAL APPROPRIATE, PERMANENT AND NONTRANSFERABLE USE PERMIT TO ALLOW FOR A SECTION OF A WAIVER OF SECTION 564, SUBSECTION 813, OUTSIDE STORAGE AS IT PERTAINS TO STEEL STORAGE CONTAINERS, TO ALLOW FOR ONE 320 SQUARE FOOT STEEL STORAGE CONTAINER WITH NEUTRAL PAINT COLORS ON APPROXIMATELY 2.5 ACRES IN THE R1L 70.

[00:35:02]

OKAY. THANK YOU.

YOU'RE WELCOME.

MORNING, MISS THOMPSON, HOW ARE YOU?

[ COUNTY MANAGER'S REPORT Pursuant to A.R.S. §38-431.02(K), the County Manager may present brief summaries of current events but no discussion may occur, and no action may be taken regarding anything that is presented.]

I'M VERY GOOD. THANK YOU, MR. CHAIRMAN. VICE CHAIR, MEMBERS OF THE BOARD, MAURIE THOMPSON, HERE WITH THE COUNTY MANAGER'S REPORT TODAY, THE ONLY ITEM I HAVE IS A LEGISLATIVE UPDATE.

AND I WANT TO START WITH A BIT OF AN ANNOUNCEMENT GOING FORWARD.

AS I GIVE THESE LEGISLATIVE ANNOUNCEMENTS, I INTEND TO MOVE THEM TO ACTION.

AS YOU ALL KNOW, UNDER THE COUNTY MANAGER'S REPORT, ACCORDING TO ARIZONA STATUTE, IT IS A REPORT ONLY DOES NOT ALLOW AN OPPORTUNITY FOR DISCUSSION INTERACTION. SO THAT'S THE INTENT OF THIS TO HAVE SOME TWO WAY COMMUNICATION.

SO GOING FORWARD I WILL MOVE THIS TO AN ACTION ITEM.

WITH THAT SAID, SINCE WE LAST MET, THE GOVERNOR HAS RELEASED HER BUDGET AND I WANT TO RUN THROUGH A FEW ITEMS THAT I THINK ARE IMPORTANT FOR US TO BE MONITORING THIS SESSION.

SO I'M GOING TO START WITH THE GOVERNOR'S BUDGET RECOMMENDATION, WHICH WAS RELEASED, I BELIEVE, LAST FRIDAY.

HER BUDGET OUTLINES A $16.2 BILLION SPENDING PLAN IN FISCAL YEAR 2025.

THE RECOMMENDATION INCLUDES $504 MILLION IN NEW SPENDING INITIATIVES, AND APPROXIMATELY $1.5 BILLION IN ONE TIME SPENDING CUTS, FUND TRANSFERS, TAX POLICY REFORMS AND EMPOWERMENT SCHOLARSHIP ACCOUNT ELIGIBILITY CHANGES OVER MULTIPLE YEARS.

I'LL WALK THROUGH SOME OF THE SUBSTANTIAL RECOMMENDATIONS CONTAINED IN HER BUDGET THAT HAVE PARTICULAR IMPACT ON YAVAPAI COUNTY.

SO UNDER THOSE NEW SPENDING INITIATIVES, $46 MILLION FOR A NEW FOUR NEW MEDICAL SCHOOLS AT ARIZONA STATE UNIVERSITY AND NORTHERN ARIZONA UNIVERSITY, $15 MILLION TO ADDRESS THE FENTANYL EPIDEMIC $13 MILLION FOR MORTGAGE ASSISTANCE FUND.

ARE THERE ANY CLARITY ON THAT $15 MILLION FOR THE FENTANYL EPIDEMIC? IS THAT GIVING IT TO LAW ENFORCEMENT OR WHAT IS IT? HANG ON, IF YOU WOULD YES.