Music Thank you. I'm out. guitar solo Thank you. Dual polarization technology is a major upgrade to the current radar system. It allows forecasters a better idea of what's actually out there and can help keep you safe. Current radar technology transmits and receives information in the horizontal direction, which is very limited. Dual polarization technology, in addition to the horizontal, transmits and receives vertical energy, which allows forecasters to get information about the size, shape, and phase of the precipitation. We can use that information to better determine the precipitation type to expect at your given location. There you have it. This new technology is currently being installed in radars across the country and is already being used by National Weather Service forecasters to produce better, more accurate forecasts. Learn more here and follow us. For more information about emergency preparedness, visit BeReadyLexington.com. Severe weather can develop quickly. Advances in forecasting allow the NOAA National Weather Service to predict severe weather. before there's even a cloud in the sky. Severe thunderstorm and tornado watches give you advance notice that conditions are favorable for dangerous weather. When your area is in a watch, be sure to stay alert for changing weather. Remember, a watch is not a warning. A warning is only issued when severe weather is about to strike. The NOAA Storm Prediction Center in Norman, Oklahoma monitors weather conditions across the United States. They issue daily forecasts showing areas of the country that are likely to experience severe weather. In the hours before storms form, the Storm Prediction Center discusses the weather with National Weather Service Forecast Offices within the areas at risk. The Storm Prediction Center then issues a watch to notify people in those areas to stay alert for severe weather. A watch also includes information about what type of weather you might see and the chances of it actually occurring. The risk level can range from a few storms with hail and high winds to a particularly dangerous situation when deadly tornadoes could occur. The most important thing you can do when a watch is issued is to stay alert for developing storms and understand your risk. Be sure to tune in to your local news for updated weather information. You can also get instant weather alerts from NOAA Weather Radio. Watches also provide an opportunity to review your family emergency plan as well as check your disaster supplies kit. When the risk increases and severe weather moves in, you'll be ready if a warning is issued. If you need help developing a plan for your family or packing a kit, check out ready.gov for all the information. Stay alert and stay safe this storm season. For more information about emergency preparedness in Fayette County, visit bereadylexington.com. Transcription by CastingWords So go online, then get out and play. You're watching GTV3. We know you have questions about all kinds of city services. LexCall 311, have me on help. LexCall is here to answer the questions you may have for city services or issues. Thank you for calling LexCall, how may I help you? We're here to answer questions from one citizen. Lex call 311. How may I help you? Two citizens. Or many citizens. We're happy to assist online, on the phone, or in person. Contact us for your questions about any city services. It's why we're here. Coming soon to a Lex Grand stop near you. Your next bus departure time is just a phone call away. Call 244-2020. Enter the stop ID and receive your departure time. Real-time data, real-time results. LexStrand.com for more information. Hey kids in the Douglas Park neighborhood, it's our park. Let's keep it that way. Saturdays this summer you are invited to attend our park for games, activities, workshops and food. The Our Park event aims to keep the park for kids and families while stopping drugs and violence from interfering with wholesome park activities. Parents, we are hoping to get donations of sports equipment, paper picnic supplies, cups, condiments, art supplies, and anything you can give to help our park be a success. So please help us take back our park this summer every Saturday. For volunteer information, please contact Stephen Overstreet at 859-361-9400. Kids, it's summertime and school's out, but that doesn't mean you have to stop reading. During June and July at the Village Branch Library, you can take advantage of a full calendar of events during the Village Branch Summer Reading Programs. Children of all ages can participate. Kids pre-kindergarten and up are invited to dig into reading with a variety of book groups. and teens can go beneath the surface with the teen reading program. Free hot lunches and snacks will be provided to those involved in the program under the ages of 18. To learn more, contact the Village Branch Library by calling 859-231-5575. Hey kids, summer break is here and if you're looking for something to do for June and July, then look no further than the Parks and Recreation Community Centers. This summer, you can take part in dozens of games, sports, dance, and other youth activities that will fill your summer with fun, learning, exercise, and self-improvement. Sitting at home is boring and not much fun. Find something to do in your neighborhood at the Community Center's I Do Summer Youth Activities Program. For details, call Parks and Recreation at 859-288-2900. Participating community centers include Dunbar, William Wells Brown, Castlewood and Gainesway. Kids, don't be bored this summer. Say, I do. The End You know, he's taught me a few lessons. Like, if you know when and where he'll show up, it's easier to take action. But it's those unexpected visits... that do the most damage. And that's normally how he works. It's not like he's in the habit of calling ahead. Hey, disaster here. Yeah, I was wondering if you're available for a chemical spill. Wednesday, maybe 1 o'clock. No? No good? Oh, I got a new thing I'm bringing in. Earthquakes. You'll love it. I'm shipping them in from the West Coast. No? Dan, it's not like he's always there. Constantly reminding you to be prepared and to get ready. If he were this annoying, I'm sure you'd be ready for him. But being ready for disaster, well... That's your responsibility. I mean, you go to great lengths to get yourself ready for far less serious threats. It's a good look for you. Disaster is always out there. Plotting, everything from tornadoes to terrorist attacks to who knows what. But there are a few simple steps you can take to keep him in his place. Have an emergency kit. Keep it stocked and know exactly where it is. Have an emergency plan and share it with your family, your friends, and your neighbors. And know the potential threats in your area. And be prepared with at least a couple of ways to stay informed. Sure, he looks big and scary. And you can't stop him from showing up. But take it from preparedness. You and your family can handle whatever disaster dishes out. Have a kit, make a plan, and stay informed. For more information about being prepared for emergencies, visit BeReadyLexington.com. Thank you. guitar solo guitar solo guitar solo Thank you. The Urban County Board of Adjustment, as we always do, I'd ask you to please turn off all your cell phones. If you do need to take a call, please do so outside. I'd like for anyone who's going to speak to please stand up. Anyone who's going to testify today, please stand up. Do you agree to tell the truth and nothing but the truth? I do. Thank you very much. Before I read the agenda, are there any withdrawals, Mr. Emmons? No, sir, there are not. None that the staff is aware of. I beg your pardon? None that the staff is aware of. Okay. Very good. Any withdrawals from the audience? Okay. I'm going to go ahead and read the agenda, and I'll ask if the applicant is present. And if there's no opposition, and there is none today, we'll go ahead and read those first. I know that we do have a conditional use appeal to hear, and we'll hear that last. There are no minutes to approve, and so I will read the agenda. Mike Kerwin-Holmes, V201344, is the applicant here? Thank you very much. We'll call you up in just a second. Is there any opposition? Is there any opposition to V201344? The conditional use appeal, David Romero, is the applicant here? Very good. Is there any opposition? Okay. And again, Mr. Romero, we'll hear yours after the other items. Tony Shuck, item 2013, is the applicant here? Yes. Okay. Any opposition to Tony Shuck? Okay. Trinity Christian Academy, is the applicant here? Very good. Is there any opposition? Okay. We will hear your case last. I'll go ahead and call the first item. Mike Kerwin Holmes, would you please come up and state your name for the record? Mr. Chairman, as he's approaching the podium, staff would like to point out that the required notice for all of the applications on today's agenda, including the signage, has been posted. Thank you. Thank you, Mr. Ammons. Robert C. Jones. Yes, Mr. Jones. Mr. Jones, the staff has recommended approval subject to three conditions. Have you agreed to abide by those conditions? Yes, sir. Very good. Does the board have any questions for Mr. Jones? If not, I'll entertain a motion. Mr. Chair, I move we approve V.201344 Mike Kerwin Holmes' appeal for a variance to reduce the required side yard from 7 feet to 5 feet in order to complete construction of a residential addition in a two-story residential zone at 26 Mentel Park based on the staff's recommendation and subject to the three conditions. Thank you, Mr. Griggs. Do I have a second? Second. Thank you. All in favor signify by saying aye. Aye. Any opposed? Thank you very much. Thank you. The second item is Tony Shuck, item 2013. Please state your name for the record. Tony Shook. Ms. Shook, your appeals for a conditional use permit to expand an existing driving range actually has staff approval, recommending approval, subject to eight conditions. Do you agree to abide by those conditions? Yes, sir, I do. Very good. Does the board have any questions for Ms. Shook? If not, the chair will entertain a motion. Mr. Chair, I move to approve C2013-42 Tony Shook appeals for a conditional use permit to expand an existing golf driving range, add accessory storage buildings in the agricultural AR zone at 440 Athens Boonesboro Road, as recommended by staff and subject to the eight conditions outlined by staff. Thank you, Ms. Myers. Do I hear a second? Second. Mr. Smith, thank you very much. All in favor, signify by saying aye. Aye. Any opposed? Your motion has been approved. Good luck. Thank you. There is opposition to Trinity Christian, so we're going to go ahead and hear the conditional use appeals. David Romero, would you please approach? This is an appeal for a six-month review of conditional use permit that we approved for live entertainment at a restaurant at 4379 Old Harrodsburg Road. and we approved a six-month review for the use of this certificate of occupancy. And I'd like to defer to Mr. Marks or Mr. Emmons to give us an update on where we are. Yes, sir. I would be happy to speak up. This case was for the live entertainment use. The staff has not received any complaints about this use since they have received their certificate of occupancy and opened up and they are operating. The staff has also visited the site during the day, not during their live entertainment uses, but we have not seen that there causes any problems or concern for this. We recommend that this conditional use go on with its annual review, just as all conditional uses are required to. If you have any questions for the staff, we would be happy to try and answer them. Ms. Griggs, Ms. Byers, Ms. White, anybody have any questions? What normally happens on this, do we just go ahead? I know generally you can check a conditional use once a year. Is that appropriate, Mr. Marks? Yeah, we're required to check at least once a year, so that's what we'll do. Very good. Do we need action to accept this, Mr. Emerson? It would be best for the record just to make a motion to look at this use on the annual basis accept this recommendation and look at it on the annual basis do we have a motion mr chair i move to accept david ramero's review on his conditional views to review it and then do i have a second second thank you miss minors all those in in favor, signal aye by saying aye. Aye. Any opposed? Very good. We approve. Thank you. Good luck. Good luck. Continue. I'd like to go ahead and ask the Trinity Christian Academy to approach and your appeals for a conditional use permit to continue operation of the preschool at 3900 Rapid Run. The staff has recommended approval. I know we have some opposition, and we will hear from you, sir, in just a second. Would you state your name for the record? Shallow Swords Franklin. Ms. Franklin. I'm sorry. This has been operating, and you're just trying to get in compliance? That's correct. You just didn't know that you were supposed to have this permit? It's our 25th year. Okay. Mr. Emmons, do you have anything from the staff's perspective you'd like to add to this? I believe the staff mentioned everything of importance in our staff report. This is not a case where the applicants have been approved for nearly 25 years for both a church and a school for academic instruction. How they came to you in front of the board today, how did they get here? It's not a zoning enforcement issue or anything of that nature. They were operating the preschool in conjunction with their school for academic instruction, and they were asking for a letter from the staff on the zoning compliance so that they could get their state approvals for their preschool. Our zoning ordinance has preschools as a separate line item, a separate use from the school for academic instruction, and we could not find in the 25-year history that the board had ever approved that. There are no new buildings being built in conjunction with this proposed use. There are currently 16 preschool children, and there are about 250 kids overall at the School for Academic Instruction on this campus. The staff sees no problem with this. we are recommending approval of this preschool use in order to essentially clean up the paperwork for this. If you have any further questions for us, we are recommending approval. And you'll see that there are a number of seven conditions, but those are mostly just rewording existing conditions that are in place for the school, just rewording them for today's application. Very good. Ms. Franklin, you agree to abide by these seven conditions? I do. Very good. Does the board have any questions for the applicant? Thank you, ma'am. We'd like to hear from the opposition. If you would come up, sir, and please state your name for the record. Yes, sir. Thank you. My name is Gail Terry. I'm sorry, sir? Gail Terry. Mr. Terry? Terry, T-E-R-Y. T-E-R-Y, Mr. Terry. Yes, sir. Yes, sir. I just want to address some concerns that we had. I've been living on the property of 1347 at King County Court since 1998. Basically, we've never had any problem with the school there. The problem we have is just that we moved there. We used to have a four-foot wide barrier. I appreciate your chance to talk to you, Stingers, ladies and gentlemen. The last time when the school was originally asking for the construction of the gymnasium, I met here before the Y'all meeting with former Mayor Jim Amato, who represented the church. And as such, he told us that the building was just going to be a two-story building. Well, to a lot of surprise, it turned into a gymnasium. And since that barrier we just have behind the church now, our neighborhood experienced vandalism because kids have cut through. I personally helped the police because a young girl was attacked and assaulted on their campus. And I just wanted to raise some concerns about the boundary or anything. We did ask originally the church to put up a wall fence because the only property line between them is just the old barbed wire, I guess you'd call it cow fence, a big wide fence line. That's only separate our property from theirs. We've had things because when school's in session, the kids have to tend to, you know, kids being kids, and we understand the noise, you know, kids, that's no problem. The thing that concerns us is that where things are being thrown over the fence as far as rocks, those big green mushroom type things, I pick up three or four of those a day whenever they're in season and sticks. And as a church, I'm out of trouble with their supervision. So I'm just here for concern. I understand the school's there for a while, and I've got no problem with that. But I just wanted to voice some concerns because a lot of people never work both jobs and can't get off. And so I took a vacation day just to be able to come down and just address our concerns. I mean, basically, they've been good neighbors having problems with them. It's just that since they've destroyed that barrier between us, we had a safety barrier. The church experienced evangelism problems as well as a crime. Like I say, I refer to the assault on a young girl. I think it was about 10 o'clock at night, her commotion in the parking lot. I hadn't go through, and I voiced my concerns, and they drove away. And I found out later in the name. When I was doing it in the backyard, I found a contents of a purse on the other side of my property line. I said, what's this? So I knew not to touch it, and I called and typed in an officer. And that's when he informed that a young girl was assaulted there that night. And so he was able to collect the evidence and everything like that. But I appreciate your time and everything. Let me talk with you all. I really appreciate that. But, like, the main reason I was here was just a voice of concerns that we originally, I was here for the first meeting when the school asked for the construction of the gymnasium now. But at the time, though, I may have been misunderstood for Mayor Mottos what their plans were. But, like I said, I just want to come and speak to you all today, just a voice of concerns the neighborhood had. That was about it. Mr. Terry, thank you very much for taking the time to come down here. Does the board have any questions of Mr. Terry? I do. Yes, ma'am. What do you see as a solution to the problem? Do you want more of a buffer? No, no, no. Do you want more of a tree buffer? Right. I understand that there's a piece of growth. And the thing I was just asking for the church was something, because the only thing that separates, because my property next to me, the one next to me is around, it's just where the road comes right around their building, there's nothing there. And then we could have put up a fence or something, or at least talk about a fence putting up there. Because the only thing that separates their property from ours, like I say, is that old, you know, you can see on the farm, you know, a cow find a big, huge metal fence with each break about like that wide, you know, a gap in between. And a lot of the kids use that to climb over. And a lot of the fences in the backyard are just a standard fence you see in someone's yard, about four and a half feet with a gap in between. In fact, many times when kids cross over, they've broken some of the boards jumping over, you know, trying to jump over and cut through. and I notified the landlord who next door was around property, and he's had to come out and fix those. I mean, church has been great neighbors. One time a real bad windstorm, a tree blew over and knocked out part of the other neighbor's fence. They came over and replaced all that, you know, and replaced all that fence. So they've been excellent neighbors. It's just that I know they've had problems with people, but pretty good question, ma'am, was that it's just a type of fence or something. Because, like I was saying, in the summertime, it's not bad because they have the greenage and everything, But in the wintertime and fall when all the leaves start to turn, I mean, it's a clear view of the whole parking lot. And there's nothing except just a whole rickety fence between our property and their property. Staff, do you have a top view of this vicinity? I'm not familiar with the property lines around there. I have this. Yeah, we've got that. We've got the aerial photograph. Okay. My property is probably, you see the big building, which is the gymnasium right there on the upper left-hand corner. My property is almost like you see a little white blotch there. I think that may be close or right at where my property is because our property, like I said, faces right there around that bend where that driveway goes around the building itself, the bend. But that white spot you see on those houses against that fence line. Now, I'm not sure how long of these were taken, but as you can see, most of those green trees, they're thick or anything right there, most of those don't exist now. Mr. Terry, you can use this as a major corner. Okay. There's a button on the bottom. Okay, I'm sorry, I'm going to pull the trigger up. Okay. How do you do it? Use your index finger. Oh, okay. Okay. This is where the area is. These trees right here, they're not as thick as they used to be. We've had some disease, and we understand they have sometimes that to be torn down because they're not safe for the kids. But our property is probably right in this area here because when we come through at night, the cars, you know, we can see them. Now, at one time, when they originally built the building, they're supposed to have the lights on the inside of the building, which are here, here, and here, and there. They used to have them supposed to be turned away. Well, for the longest time, where we reside right there, the lights are so bright, we have what it's called in our back window. So you've seen the moon-shaped window and everything on top of the back bedroom window. Well, I had to go get cardboard and try to cut the shape of that to try to block out that light because the light was just so bright. And the church was good enough to receive those lights quite a bit, so it's not as bad as it used to be. I mean, usually when I had concerns and asked them, they'd been very good about, you know, taking care of the problem or anything. But like I said, the bushes right there, those trees, they're definitely not as thick as they are now. That may be, if I was to guess, maybe a photo maybe three, maybe six years ago, if I was to guess. because in my backyard, I've got just thin ordinary bushes, and I've got like one tree in the center of my fence line and another tree on the other. There's about three trees in my backyard that I have. But for the most part, like I say, in the wintertime or everything, in the summertime, it's nice and clear, be clear. In the summertime, when there's foliage, it's blocked a lot of view, and there's no point with that. But objects are not coming to wintertime when all foliage is down and everything like that. You have a full, clear view of the whole parking lot and everything. And the only thing is, like I said, when the kids are out playing, and without that small fence, we tend to find things thrown over in our yard. So that was just our main concern, which is trying to express that. I'm just saying. It's just the where, I guess you could say, it's just where it was just the openness of it, where it is now. And it's not a concern at all, because the kids, they play, we understand. We have no problem with kids. You know, we love kids. There's no problem with that. We were just concerned about where there's nothing there to stop things being tossed over or kids cutting through or anything like that. I understand. Thank you, Mr. Terry. Thank you, sir. Obviously, on item 7, it talks about all existing tree lines and fencing along the church property shall be preserved and maintained. But what you're asking, is permanent fencing a higher fence? Yeah, maybe a permanent fencing or something like that, because the only fences there is the old property line you see from years ago and maybe something a little more fencing put up or something. Because we've asked them, you know, would they mind doing that? And they said, oh, we had no problem with that. And, of course, like I said, we've been there since 98. And when I've asked them, you know, they said no problem. And so, but then, you know, time came and gone, nothing happened. So I think my wife asked them about that, and they said during times that, I understand your budget cuts or something like that, that they had a problem, you know, with the money, the real short money at times. So we thought, well, okay, we'll let it go. And for the most part, there's not been problems, But just every once in a while, something flares up. And that's when I was just here today, just voice concerns about, you know, more than just for the kids as well because a lot of times they'll come right up to the fence and they play in the parking lot and you'll kick ball. And kids are kids. That's no problem with that. But like I say, we find balls in our yard and stuff, and we toss them back over later in the day and we would come home. Okay. All right, Mr. Terry, we certainly understand and appreciate your comments. Thank you, sir. I guess I'm a little perplexed in the fact that we have this before us today, Mr. Marks, for example, for the approval of this. Can we add a condition for permanent fencing, or is this a separate issue? Could I ask a question? I'm wondering what the zoning ordinance requires as a buffer or fence between a church use and a neighborhood residential area. and if this church, when they've added this gymnasium, if there were some buffer requirements that aren't being adhered to? I can't answer if there was any special buffer requirements as part of the prior BOA cases, but that's certainly something we can research. Ordinarily, of course, there's a required buffer regardless of what the BOA does. If there's zone-to-zone screening along that border between a church and residential, that's not always required because of how the zones match up. Well, and the parking, too. Pardon me? And the parking, doesn't that usually require? Parking lots require the edge buffer also. I think the best thing is for us just to commit to doing some research on what was required from the prior cases. I don't see that we need to hold this action today because of that, but we'll be happy to look at that and let Mr. Terry know what we find out for sure. Thank you, sir. We appreciate it. Thank you, Mr. Marks. Thank you, Mr. Terry. You can have a seat. Thank you, gentlemen. Thank you very much for letting me share this talk today. Thank you. Thank you. Ms. Franklin, do you have anything to add to any of the comments that have been made? No. So it's my understanding, Mr. Marshall, take a look at that and get back with. Yes, and I've got my card here if he can step by on his way out. Okay. Very good. I'd like to just right here that you're as concerned as the opposition about the troubles that are along this fence line and that you folks will prioritize it to see if we can solve it. I was unaware, of course, of the initiative. It will make it a high priority. I understand you're being caught blindsided, but it sounds like an ongoing problem. Thank you. Very good. Thank you, Ms. Franklin. Any other questions from the board? If not, then you'll entertain a motion. Mr. Chair, I move that we approve C-2013-43 Trinity Christian Academy's appeal for a conditional use permit to continue operation of a preschool accessory to a church in an agricultural urban zone at 3900 Rapid Run Drive as recommended by staff and subject to the seven conditions as outlined by staff. Thank you, Ms. Finers. Do we have a second? Second. Thank you, Mr. Smith. All in favor signify by saying aye. Aye. Any opposed? Very good. Thank you all, and hopefully we can get this issue worked out. Thank you for coming. That completes the regular agenda. I'd like to ask if any board member wishes to be present. That is present, needs to be heard at this time. I'd like to ask the staff if they have anything. I think we have some information we'd probably like to seek. There's been some activity this morning regarding some current litigation, and to do this we would generally need to go into a closed session. And so I think that we would like to hear some information on the ongoing legal issues regarding Boone Creek. So I'd like to ask for a motion to go into a closed session. Ms. Jones, do you have something formal for me? Mr. Chair, I move pursuant to KRS 61.810.1C to go into closed session to discuss a matter of pending litigation. Very good. Do we have a second? Second. Thank you, Ms. White. All in favor signify by saying aye. Aye. All right. Thank you. This meeting is closed. Thank you. guitar solo Thank you. We'd like to go ahead and reconvene the Board of Adjustment. We have completed our board items and staff items. I know our next meeting, due to Labor Day holiday, the next meeting will actually be a little early, on August 23rd, one week earlier than usual. I'd like to ask if there's any other business, if anybody's got any questions. Okay. Very good. Well, in that case, is there... Well, I will actually declare the meeting adjourned, Mr. Marks. We are adjourned. Thank you. Thank you all.