The Good afternoon and welcome to the Board of Adjustments meeting. We are going to give you a little information before we start sounding the agenda and before we allow the staff to give us information on those cases who have either withdrawn or have requested to withdraw. We ask that you, if you have cell phones on your person, that you turn them off, please, or put them on silent. If you have to use the phone, we would ask that you step outside to use the telephone. Also, if we have people here who are testifying against a particular petitioner, we would ask that you, when we call the name of the individuals who are submitting a case, if you and that individual would step outside to try to work out your grievance or your interest or your concern relative to their request and your disapproval. If you're not here for that purpose and you don't feel that you can come to an agreement, then you stay in and we'll try to work it out in here. We don't mean go outside and fight. We mean just go outside and discuss. We would hate to insinuate that we want you to go out there and close the deal with your hands instead of with your minds. The other, we have, before we start, we would ask all of those individuals who are here to testify, if you would please stand, please, or to submit a case. Please stand and raise your right hand. You swear to tell the truth and the whole truth and nothing but the truth. Thank you. Have a seat. We will start with the staff first, because I understand we've got a case maybe that has been withdrawn, As a staff, we will entertain anything you have to say to us, please. The request for the event facility, accessory to a winery for Janice Mueller, that's on the bottom of page 3 of your agenda. We did get a withdrawal letter from her attorney, so that one has been withdrawn. That case is withdrawn. That's case CV2011-2. That's correct. Any other cases have been withdrawn? We have minutes from December the 10th, 2010, and also for March the 25th, 2011. The board, you've had these in your presence at your home. It was sent out to you. You have any questions or concerns? If not, I will hear a motion to approve the minutes of December the 10th. Do I have to do those separately or can I do them jointly? If there are no objections to either of them, there's no problem with doing the joint. You don't have any objections to any of the minutes, and I would hear a motion to approve December 10, 2010 and March 25, 2011 minutes. So moved. Mr. Chair. And we have a second? I'll second. All in favor signify by saying aye. Aye. Thank you. We will sound the programs and if there are objectors, the case will be moved to the last of our meeting. If there are no objectors, we will hear your cases as they fall. Case number 1, V. 2011-21, John L. Foley. John Foley here. All right. Is there anyone here in opposition to the John Foley request? No opposition. Thank you. We will call you shortly, sir. Case 2-V-2011-27, Johnny Temple. Is Johnny Temple in the house? Mr. Stout, I talked to Mr. Temple this morning, and they are agreeable to a postponement. They're kind of regrouping to decide what they want to do. Postponement? The only question is whether to postpone that for one month or two months. If they do decide to apply for an administrative review, which is what the staff recommended, if they want to adjust the size of the signs, they would only be able to do that with a two-month postponement. But I don't know for sure that they are going to do that. So you want to move it to two months? It would probably be safer to postpone it two months. So we're going to hear this in the month of June. Do I have a motion to approve the postponement? I so move to postpone until the month of June. I have a second. Second. All in favor signify by saying aye. Aye. The next case is V2011-28 Thoroughbred ATM, LLC. Are they here? Is there anyone present that is in opposition, that may be in opposition to this particular request? No opposition. We'll call you shortly, sir. The next case is CV2011-2. Janice Miller has been withdrawn. C2011-24, classic cut lawn. Classic cut lawn. Is there anyone here in opposition to classic cut lawn request? All right, no opposition. Case 2011-26, Clarity Ponte-Lexington. Karen Mapp, did I miss one? I don't believe I did, did I? Yes, I did. Karen Mapp, C2011-25, Karen Knapp. Is anyone here in opposition to Karen Knapp's request? We have one in opposition. Is there any way that you two can step outside and discuss this concern? Does that expression tell me no? Okay, then will you sit where you are and please stay where you are. C-2011-26, Clarity Point. Anyone here in opposition to Clarity Point? No opposition. Okay, that's that. So we will start with the V2011-21 John L. Foley. Mr. Foley, will you tell us who you are? Mr. Chairman, members of the board, my name is Jason Banks. I'm here on behalf of John Foley. Jason Banks. We have applied for item one on the agenda and have read staff's recommendations and are in agreement and would request approval. The staff has made five conditions, recommended five conditions. Have you read all those conditions? Yes, sir. And you are in approval to adhere to those conditions? Yes, sir. Is there a staff you have any questions? Board, any questions or concerns? If not, I'll hear a motion, please. Mr. Chair, I'll move that Item V-2011-21, John L. Foley, appeals for variances to reduce the required front setback along Ashton Drive from 20 to 12 feet. And number two, eliminate a portion of the required landscape buffer for the business parking lot and circulation drive in order to construct a new commercial building and a highway service business B-3 zone on property located at 2060. be approved, 2061 Chester Road be approved with the staff's recommendations. Do I have a second? Second. All in favor signify by saying aye. Aye. Motion passes. Thank you. Good luck to you. V-2011-27 Johnny Temple has been postponed until June, which is two months from today. The next case is V2011-28 Thoroughbred ATM LLC. It appeals for a variance to reduce the required vehicular use area buffer from 5 feet to 3 feet along the northern edge of the property and from 3 feet to 0 feet on the eastern edge of the property in order to construct and retail building and neighborhood business B1 zone, property located at 1760 Harrodsburg Road in Council District 10. Would you come forward, please? Mr. Stout? Yes. We did have one recommendation for a pretty minor tweak on condition number three for this. Approval from the Kentucky Transportation Cabinet will be required for the access that's on Harrodsburg Road. So just to make sure that doesn't get lost in the shuffle, we wanted to add at the end of number three and Kentucky Transportation Cabinet as necessary. I think the applicant's aware of that and has been working with them already. But this is just to make sure. Are you familiar with the change? Yes. The addition, rather? Yes, sir. All right, if you tell us who you are, please. Chad Volkert. And are you a representative? Yes, we're a member of Thoroughbred ATM, LLC. And give me your name again. Chad Volkert. Okay. How do you spell your last name? V-O-E-L-K-E-R-T. All right. The staff has recommended approval following the recommendation of seven conditions. And you have read and you agree to all seven of the conditions. Yes, sir. And you understand that they must be carried out. Yes, sir. Are there any questions from staff or questions from this board? If not, I'll hear a motion. V-1 zone on property located at 1760 Harrodsburg Road as recommended by staff and subject to the seven conditions with the addition of at the end of condition number three involving the Kentucky Transportation Cabinet. Do I have a second, please? I second. All in favor signify by saying aye. Aye. Motion passes. Thank you. The next case, Janice Mueller, has been withdrawn. The next case we will take is C2011-24, classic cut law. Tell us who you are, please. I'm Dustin Harrison, H-A-R-R-I-S-O-N. This is Sally West. Are you the one going to be running the business? Yes. Staff has recommended approval and subject to five conditions. Have you read and do you understand the five conditions? Yes, sir. Do you have any questions? Not at this time. Staff, do you have any questions? Board, any questions or concerns? If not, I'll hear a motion. Mr. Chair, on item C, 2011-24 Classic Cut Lawns Appeal for a conditional use permit to establish a plant nursery in the agricultural rural AR zone on property located at 3897 Winchester Road, Council District 12, to approve with the conditions recommended by the staff. Do I have a second? I'll second. All in favor signify by saying aye. Aye. Motion passes. You can come out and give me a trial cut if you will. Thank you. Thank you. Have a good day. All right. Our next case is C2011-26, Clarity Point. Mr. Chairman, I'm Dick Murphy representing Clarity Point. Well, nice to see you, Mr. Murphy. Good to see you. Good to see you. Good to have work in front of you all. I thought this would be the best way to start the summer out. You'd be right here. Good to see you all. This is Mark Bilek, engineer for Clarity Point. And what are your names, sir? My name is Mark Bilek. Martin. Mark. And I'll spell the last name for you. It's B as in boy, I-A-L-I-K. And I'm the engineer of record for the project. All right. And we have reviewed the conditions and are agreeable to all the conditions set forth. So you know you have seven conditions here. Yes, sir. And you all read them and you understand them. Yes, sir. And we're going to get you out of here quick, I gather, huh? We hope so. Staff, do you have any questions or concerns? Board, do you have any questions or concerns? Then I'll hear a motion, please. Mr. Chair, I move that C-2011-26 Clarity Point Lexington's Appeal for Conditional Use Permit to establish an assisted living dementia care facility in a professional office P-1 zone on property located at 1744 Al-Achiba Way, Council District 6, be approved for the reasons recommended by the staff and subject to the seven conditions recommended by the staff. Do I have a second? I'll second that. All in favor signify the saying aye. Aye. And this is a record. I did need to note one thing. We have 56 beds. Our plan had said 55. The application said 56. I just wanted to clarify. It's 56. Now, does that make any difference? Clarification noted. Thank you. Thank you. Have a good day. And now we get to C2011-25, Karen Knapp. Karen, we want you to introduce yourself, and then we're going to listen to your opposition first. Okay. My name is Karen Knapp, and I live at 429 Cromwell Way. The staff has recommended approval of this, was subject to four conditions you have read and you do understand. Yes, sir. If you would please have a seat, and we'll bring the gentleman up that is in opposition, please. Can you tell us who you are? My name is Kevin Frick, F-R-I-C-K. If RICK? Yes. All right, Mr. Frick. Tell us what's on your mind about this case. The main couple concerns is that this being a single family residence that would be used for business purposes and what it would do to the property values of the area. Another concern is the chemicals used in the fabrication of the dental products, and if there's any harmful chemicals used in the making of these dental products and what would be done if there was spills. I don't know what's used in the making of it, so I don't know if there's any hazardous chemicals used in the fabrication of the dental products. So I gather that you haven't had the opportunity to talk with Ms. Knapp relative to what is going into this business? My wife has. Did she find out that she was going to be using chemicals that are going to be a hazard to her or to your neighbors? I don't recall it being mentioned. Well, then let's listen to her and hear what she has to say, and maybe she can clear this up for you. And the other thing is it's listed in the letter that I got that it was a proposed location or proposed workshop, but it's already been built. Well, did they? Do you know if they had the approval to build it? I don't know. Well, then let's listen to her. Okay. Thank you. Ms. Knapp, you are up. I had an opportunity to talk to Mrs. Frick, and she asked me about the chemical component of it. And I told her that I make my dentures out of acrylic. And it's the same material that when she goes or anyone else, any lady goes and has her nails done, it's the same material, the same components that are used to make fingernails. So I use, it's a powder and a liquid, and I mix them together, and then I put them in a curing tank, and it heats over a nine-hour period of time and just cures hard. What about the building that he's speaking of? Well, the building part of it was I didn't know that I couldn't do construction in my own home. And I have a friend that has been putting up, sectioning off the garage for me, and I had a neighbor call in and say that I was doing business out of my home and that I had increased the traffic in the neighborhood. And I've not been doing business out of my home. They were just seeing my friends coming and going and bringing lumber in and putting up those partitions in my garage. And I found out through all this that, oops, I can't do that. I didn't know. I didn't know. So I came down here and have gone through the process of doing it right. So you've already talked to buildings? I have. Bill, do you have any comments? No, as long as she keeps her home occupation within the house, within that building proper, we have no problem with it. Okay. Anything else you want to add to what you're doing? No, it's pretty clearly stated here. The only thing was is that I was not. It says here that I was making dentures at home, having running a business out of my home, and it's still at 145 Burt Road where I presently reside, my business. Well, we're going to open this up to the board here. They may have some questions for you. Okay. Anyone from the board has any questions? I have one. On the materials you're using, the powder and the liquid, it sounds like there's not any waste, or what is wasted would be hardened, and you dispose of it in your Herbie. Yes, it's just a plastic. There is no waste in that. No, it's a chemical process, and heat activates it. And so that's what causes all the powder molecules to solidify into one unit, and that becomes the acrylic. Well, there are probably some warnings and some recommendations on the packaging of these components when you get them, and I'm assuming you follow those for your own safety. Absolutely. Well-ventilated, wearing gloves, all that stuff. Yes. Okay. And there's not any special requirements on the disposal listed on the? No. No, sir, there's not. Only if I was disposing of it, but I'm not. I'm actually combining the two products together. So if I had a mass waste or anything like that, then I would properly dispose of it. But I've never read anything on there talking about that disposal. Do you have a license of some kind that allows you to make medical? Yes. Okay. Yes. I'm a certified. Satisfied. Thank you. I'm a laboratory technician. How long have you been doing this? I've been doing this about 18 years. What's your expected traffic for deliveries or whatever? Well, I don't have a walk-in business, and so I do all my deliveries. I do work through mail. I have some clients that are out of town. I've got a couple of clients here, and usually I go service them. I go back and forth to their offices. And there's just an occasion where I'm in the process of designing a case that might be a little technical or something, and the dentist may stop by and we may have a discussion about it, but that is extremely rare. So you don't have a lot of, you don't generate a lot of deliveries or, you know, FedEx trucks. I don't have a lot. Since I'm a small business, I don't have a lot of materials, and it's pretty heavily labor-intensive. And so if I do have deliveries, you know, it's – I said, you know, that it's like maybe two or three times a quarter. I mean, give or take, you know, it could all happen in one week, but it would be no different than me ordering a pair of shoes and having the ups guy come and drop off my shoes. So it's not heavily traffic. It's like I'd be as snug as a bug in a rug in my garage with my kids. Any other questions? Why are you moving from your old location? Well, the economy has really kind of hit me kind of hard. And I've been a contributing citizen for 18 years. And I bought a house. And it just seemed sensible to me, since I don't need a public location to do what I do, since I don't have any walk-in business, to go ahead and take my business home so that I can take the money that I'm putting into rent and utilities there and pay my mortgage so that I can keep my home and continue to be a contributing citizen of this city. So where is your current office? It's over on 145 Burt Road. It's off of Nicholasville Road. And have you ever received any complaints about your operation of the business there? No, ma'am. Any other questions? I just have a comment, you know, for Mr. Frick. One of the recommendations is that, you know, there's a condition that says the home occupation shall be established. Oh, I'm sorry. It's the conditional use will be considered null and void should the appellant cease to own or occupy the subject property. So I think that relates to your concern about the property values. Any other questions? Now, Mr. Frick, do you have any other comments? No, sir. Then we will hear a motion. Can I ask that we just have a condition that she gets a building permit from us for any kind of remodeling or anything prior to starting? You want to put that as one of the conditions? Yes, sir, please. Staff, you understand? You get that? You understand that? Absolutely. We have a condition of number five relative to what building has offered to the staff for as a condition. Do you agree to that? I agree to that. Yes, sir. Come up front, sir. Even though it's already been constructed, the building permit would still need to be... He's already addressed that issue. That gives us an opportunity to go in there and make sure she hasn't created a problem. So a building inspector would have to come and check that? Sure, absolutely. Absolutely. That's why I want the permit required, so we can have to come in and assure that she's not creating a hazard for herself and the neighborhood. Okay. And this conditional use gets inspected annually for compliance. So that gives us and the public a peace of mind that she's doing what she said she's going to be doing. So every year, the building inspector will come to her residence to check it? A representative from our office will. Okay. Thank you, Mr. Freak. Thank you. Any other questions? If you look up there to condition number five. Actually, we added it to the front of condition two. And it added to number one. Building permit. Right in front of condition two. Building permit and an occupancy permit. In front of number two, excuse me. You agree? Yes. Any questions? I'll allow you a motion, please. Mr. Chairman, I recommend that the Board approve the application for a conditional use permit for number C-2011-25 to establish a home occupation fabricating dental appliances in a single-family residence R1C zone on property located at 429 Cromwell Way with the staff recommendations and the four recommendations as amended on the screen. Period. Do I have a second? Second. All in favor signify by saying aye. Aye. Good luck to you. Thank you. Now, staff on the back of the agenda, we have something here in E, administrative review. Well, it's not really an administrative review. It's just a review of a previously approved conditional use. When it got approved, there was a condition that it come back a year after an occupancy permit. There was some delay in them getting an occupancy permit, and then there was some additional delay because we didn't get word of that when it was issued. Well, what is the status of this right now? I think building inspection has monitored that, and they can update you. They're in substantial compliance. They're in compliance? Yes, sir. We're fine with it. So there is no action that needs to be taken by this board together with this, is there? I think what we generally do is have a motion from a board member indicating that the board has had its review and has approved and found that the use is in compliance with the conditions. Do I have a motion, please? So moved. I'm not sure there might be somebody in the audience for that case or not. Is anyone in here for AC207-37 Teen Challenge of Kentucky? I'm sorry I missed that at first. All right. We have a motion. Do I have a second? All in favor signify by saying aye. Aye. Staff, do you have any, are you all here for any particular reason? Well, that, you weren't here when I, when we, it's been withdrawn. It wasn't postponed. It's been withdrawn. Well, I don't know where they're going to be, but they're not going to bring it to us anyway. So it's withdrawn. So it means it's not going to happen. They're no longer asking for that use. Thank you. Thank you all for coming. Staff, you all have anything else for us? Mr. Chair, we were going to talk about time limits. If you would like to give me a few minutes, I can go and get the council rules. That's the only thing I was going to give you was a copy of the council rules for zone change hearings to let you see their processes. I'm sorry. I have called into a federal case I've been working on this week. Or I can e-mail. I think the staff, you have e-mails for all the members, don't you? I can scan in those procedures and rules that the council uses when they have a zone change hearing. so that will give you I think that Mr. Sally had already given you samples of what the Planning Commission itself does and its time limits. I can do the same thing with the council rules and procedures and then you'll have an opportunity to review both of those before you come back here the next time and you might be prepared then to indicate to us what if anything you would like to put in your bylaws. And I have a question. Do we have to follow the procedures of the other boards relative to that particular situation? Do you have to follow the procedures of? Yes. No, they have different procedures. Oh, okay. It was just, I think, to give you examples of what we have found function well and effectively give people due process, but at the same time try to control and keep a hearing centered upon the relevant issues. Off the record, we are off on it. Has the Vulcan thing gone, is it going to court? They have filed an appeal. We have filed an answer, and just today I signed an agreed order for a briefing schedule. So it is proceeding through the appeal process. All right. If no other questions, we have a motion to adjourn, please. So moved. Second. Second. All in favor signify by saying aye. Aye. Thank you. Have a good weekend, you all. Thank you all.