Ladies and gentlemen, if I could have your attention, we'll go ahead and get started with the December Board of Adjustment meeting. Before we begin, I would ask that everybody please turn off all cell phones, and if you need to take a call, please do so outside. Anybody that is planning on speaking today, would you please stand up and raise your right hand? Do you agree to tell the truth and nothing but the truth? Thank you. Before I read the agenda, Mr. Emmons, do we have any withdrawals, postponements? Oh, there is a postponement request from someone in the audience. I'll let them go first. Yes. You want to take the mic and please state your name for the record. Okay. My name is Kay Wesley Farley for the Ugly Duckling LLC. I'd like to request a postponement. I've amended my conditional use application to include a variance, and so I'd like to postpone it to get everything ready for that. Mr. Farley, how long do you need? 30 days? Can you come back in January? January will be fine. Very good. Do we have a motion to postpone this request until January meeting? Thank you, Ms. Moore. Do we have a second? Second. Second. All in favor signify by saying aye. Aye. Thank you. We'll see you in January. Mr. Chairman, if there are no other postponements or withdrawals from the audience, the staff would like to direct your attention on page two to the item just under that, Central Kentucky United, Inc., a.k.a. United Talent, located at 1709 Jaggy Fox Way. The board last month did postpone it to this meeting. And subsequent to that action, the applicant on November 26th withdrew this request, as it's noted on your agenda. This does not require any action of the board. Just note that it has been withdrawn by the applicant and will not be heard today. Very good. Thank you, Mr. Emmons. I'm going to go ahead and read the agenda. And if there's no opposition, we'll hear those cases first. First, if there is opposition, then we ask you to step in the hall and try to resolve those cases that staff has recommended disapproval, which is actually not the case today. But I'd like to ask item V, 2013-77, Naptali Diaz. Is the applicant here? I do not see him in the audience. I did talk to him on the phone yesterday, and he said he was planning on being here. I would suggest that we just kind of wait and take it later in the agenda. Thank you, Mr. Simmons. We'll call that one a little later. The next item I have is Barbara Dale. Is the applicant here? Thank you. Is there any opposition? Is there any opposition to Ms. Day? All righty. Eleanor Marie Phillips, is the applicant here? Is there anyone in opposition to Ms. Phillips? Okay. Centerpoint Church, the applicant is here. Is there any opposition to Centerpoint Church? Very well. We'll take a look at Mr. Diaz later. I do think before we get started, we have some minutes for the Board of Adjustment special meeting. November 15th, as the Board had an opportunity to look those over. If there are no changes, I'd like to ask for a motion to approve. Mr. Chairman, I move to approve the minutes of November 15th. Thank you, Mr. Glover. Do we have a second? Second. Thank you, Ms. Meyer. All in favor, signify by saying aye. Aye. Any opposed? Very good. Well, the first case on our agenda, item C-2013-74, Barbara Dale. Hello. Would you state your name for the record, please? Barbara Dale. Ms. Dale, the staff has recommended approval subject to seven conditions. Have you read those seven conditions and agreed to abide by them? I do. Very good. I'd like to ask the board if they have any questions of Ms. Dale. Ms. Dale. Yes, ma'am. So as to the number of children in your household, your letter that came earlier this month to the Board of Adjustment, do you have children in your household right now living with you? No, ma'am. They moved out. Okay. They moved out in November 22nd that day. I had five children, which were my grandchildren and my daughter, and they were living in the basement, but I needed that space for the daycare, so no, ma'am, they moved. So this is strictly, you know, you're going to have strictly daycare children? Yes, ma'am. Okay. And I have a question for Steph. So I noticed in the letter that she said she plans to hire two employees. Is there any problem with that, with the conditional use permit? Are there restrictions? There's not. It's the staff's understanding that that is a state law requirement for licensing of family child care and that there are minimum ratios that have to be met depending on the age of the children. Generally for family child care for up to 12, it's usually two or three persons, and one is presumed to be the resident, which under the ordinance has to be one of the caregivers. And it doesn't affect the parking requirements? No, the parking requirement is for one additional space besides the one required for the dwelling. This is for staff also. If you're going to have 12 children, 12 paying customer children, and you have a large number of grandchildren, are the grandchildren allowed to be there while they have 12 paying customers? No. I'm not sure about for as many as 12 children. My understanding of the state regulations before, for many years ago, were that for family child care of up to six children, which is an accessory use in our residential zones, that it did, that number did include any children that were residing in the dwelling. I'm not sure if that's the case for up to 12 children or not. Did you have any? I mean, if there is grandchildren, they are counted in that 12. So you should never have more than 12 children there under your care or your employees' care? No, never. Thank you. Does any other board member have any questions for Ms. Dale? Mr. Emmons? Mr. Chairman, if I can point out for the record, the staff has not received any new letters since the packet of information and letters that were passed out at your last meeting in November. I can circulate those letters. The only thing new that was submitted was the information that Ms. Dale submitted in response to the packet that was submitted at your November hearing. And I've placed some copies for the board, paper copies. It is the same information that we had in the PDF that we emailed out to you last week. If you would like me to re-pass out any of those letters, and I've got at least one extra copy, a paper copy, of Ms. Dale's packet, if the board has. Thank you, Mr. Sanders. I have my copy. Does anybody need to take a look at a copy? No. Very good. Is there any other questions of the applicant? If there's no other question for the applicant, the chair will entertain a motion. Mr. Chair, I move we approve C-2013-74, Barbara Dale's appeal for a conditional use permit to provide family child care for up to 12 children in a single-family residential R1C zone at 4189 Forsyth Drive, as recommended by staff and subject to the seven conditions outlined by staff. Thank you, Ms. Meyer. Is there a second? Second. Second by Ms. Moore. All in favor of C-5 are saying aye. Aye. Any opposed? Your motion carries. Thank you. Good luck. The next case, Eleanor Marie Phillips is the applicant. Please come forward and state your name for the record. My name is Eleanor Phillips. Ms. Phillips, the staff has recommended approval for your appeals for a conditional use permit subject to four conditions. Have you read those four conditions? Yes, sir, I have. You agreed to abide by them? Yes, sir. Very good. Does any member of the board have any questions for Ms. Phillips? Hearing none, it's your own. I'll take a motion. I'm sorry, Mr. Clever. Ms. Phillips, the only thing I noticed really, and the only thing that separates you from the one we had just before you, is the fact that this is in a mobile home park, and the mobile home park is all caps. I don't know what that means. I don't either, sir. I've lived there for 15, actually my oldest daughter is 21, so we've been there 20 years. And this is something he's actually asked me to do for the last 10. Yeah. I'm just getting to it. Okay. Are the regulations by the Kentucky Cabinet for Health and Family Services any different for? No, sir. All right. I don't have any other questions. Thanks. To answer why Mobile Home Park is capitalized, that is the legal title of the M1P zone. It's the Mobile Home Park zone. It's a zoning category much like a single-family residential R1C zone. Okay. It wasn't not for any emphasis. It's the legal title of the zone. Okay. Fair enough. Thanks. Thank you, Mr. Emons. Are there any other questions for Ms. Phillips? If not, the chair will entertain a motion. Mr. Chair, I move that C-201378 L. Marie Phillips appeal for a conditional use permit to provide family child care for up to 12 children in a mobile home park M1P zone at 423 Fairdale Drive, Council District 1, be approved for the reasons recommended by the staff and subject to the four conditions recommended by the staff. Thank you, Ms. Moore. Is there a second? Second. Mr. Smith, seconds. All in favor signify by saying aye. Aye. Any opposed? Motion carries. Thank you. Good luck. Centerpoint Church, would the applicant please step forward and state your name for the record, please? Jeff DeMoss with Centerpoint Church. Mr. DeMoss, the staff has recommended approval for your conditional use permit to establish a church at 1300 East New Circle Road subject to three conditions. Have you read those conditions? Yes, we have. And you agree to abide by them? Yes. Does anybody on the board have a question? If not, the Chair will entertain a motion. Mr. Chair, I move to approve C-2013-79 Centerpoint Church's appeal for a conditional use permit to establish a church in a highway service business B-3 zone at 1300 New Circle Road, East New Circle Road. as recommended by staff and subject to the three conditions as recommended by staff. Thank you, Ms. White. Do we have a second? Second. Mr. Glover, thank you. All in favor signify by saying aye. Aye. Any opposed? You've got it. Thanks. Good luck. Is the gentleman that walked in a little bit late, is that Mr. Diaz? Mr. Diaz, why don't you come forward and state your name for the record, please? My name is Neftali Diaz. Very good. Mr. Diaz, the staff has recommended approval subject to two conditions. Have you read those conditions? Yes, sir. And agreed to abide by those conditions? Yes, sir. Very good. Does the board have any questions for Mr. Diaz? Mr. Griggs? Did you build this shed yourself? Yes, sir. Do you have construction experience? Yes. My brother has, but not a whole lot. I was wondering how you decided how far to put it away from the property line, and how you decided what size roof framing members used. I'm sorry. I based it off a Home Depot model. I went to Home Depot, and I based it off of that. and then my neighbor has one that's a little bit smaller than mine, which is a little bit closer to my line. And that's how I thought it wasn't going to be required a permit, but I guess it is. Thank you. I have some sympathy for you, Mr. Diaz. I did almost exactly the same thing about 25 years ago in my side yard. But don't tell anybody. We will not hold that against you, Mr. Glover. Does anybody else have any questions for Mr. Diaz? If not, the chair will entertain a motion. Mr. Chair, I move that we approve the 2013-77 Naptale-Diaz appeal for a variance to reduce the required side yard from 8 feet to 1 1⁄2 feet in order to retain a detached storage shed in a single-family residential zone at 1910 Piccadilly Street for the reasons stated by staff and subject to the two conditions stated by staff. Thank you, Mr. Glover. Is there a second? I'll second. Mr. Griggs, second. All in favor signify by saying aye. Aye. Any opposed? Congratulations. Thank you, sir. Thank you. I'll ask if any board member has anything to present or to be heard at this time. Staff, do you have anything? Mr. Chairman, nothing other than to thank the board for their service this year and to wish you all a very, very Merry Christmas and Happy Holidays. Thank you. Well, Mr. Salee, we wish you the same. We will see you next year. And it looks like we've got almost a record Board of Adjustment meeting today, so there's plenty of time for shopping for everyone. Thank you all so much, and this will conclude. We're adjourned. The date of our next meeting, Mr. Glover, is January 31st. Yeah, but it's six weeks away. I'll be here. Very good. I look forward to seeing you. Thank you.