Anything that could really get caught up in the machinery. So those are two of the biggest items we want to remind you about today. We've got a couple other examples of some items. No net, just you, to catch me when I fall. Look hard, no hands. It took a little time to get up to speed To find the confidence and the strength I'd need To just let go and reach for the sky You know sometimes it felt I could fly No doubts, no fears Just like when you are here No chains, no strings, no fences, no walls, no net, just you to catch me when I fall. Look hard, no hands. It doesn't take much, just a smile or a touch. And I'm a kid again. I can almost feel that wind. No chains No strings No fences No walls No net Just you To catch me When I fall Look hard No hands Look hard No way I remember when rock was young, me and Susie had so much fun, holding hands and skimming stones, had an old gold shiver and a bliss of my own. But the biggest kick I ever got Was doing a thing called the Crocodile Rock While the other kids were rocking around the park We were hopping and bopping to the Crocodile Rock Well, cry, rockin' A song would shock you when your feet just can't keep still I never knew me about all the time And I guess I never will Oh, oh, oh, oh, Friday nights And Susan for the heart Tick them tight And we're walking from the Out of the side But the years went by And the rock just died Susie went and left This for some foreign guy Long nights crying by the record machine Dreaming of the Chevy and the old blue jeans But that never killed the drills we got Burning up to the crocodile rock Learning fast as the weeks went fast We really thought the crocodile rock would last well But I like a song of shock And when the feet just can't keep still I never knew me about the time I guess I never will I'm on my own We'll be right back. Thank you. I'm going to go to the next video. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Right. Well, it's been easier for me to get in and out of it. I mean, that's easy, too. There's no big parking places. All you have to do is walk across the street and come in that garage door. Uh-huh. Okay. I mean, the exterior, not the sliding door. There's an exterior door right there. Good afternoon. If I could have your attention, we'd like to go ahead and begin the September Board of Adjustment meeting. Before I call the agenda, I'd like to ask Mr. Marks who wanted to make a comment. Mr. Marks? I just wanted to pass on some sad news about Tammy to fill everybody in. And her younger sister passed away earlier this week. So that's why she's been out and won't be here today. So if you could keep Tammy and her family in your thoughts and prayers, that would be much appreciated. On the brighter side, there's a great person here to fill in for Tammy today, Donna Lewis, sitting to my left here. Hi, Donna. Thank you. Thank you for being here. Thank you, Mr. Marks. Before we begin, just a couple of housekeeping items. If you all have a cell phone, would you make sure that it's turned off? And if you need to take a phone call, please do so out in the lobby. I'd like to go ahead and announce the minutes have been presented to us from August 26th. I would like to ask if there are any additions or edits to the August meetings. If not, the chair will I entertain a motion? So moved. Moved by Ms. Whitman. Is there a second? A second. Second by Mr. Forster. All in favor, signify by saying aye. Aye. Any opposed? Thank you. As we often do, Mr. Marks, I assume that there's no withdrawals or postponements? That's correct. What we normally do is we call the agenda, and I will go down the agenda items, And if there's any opposition to any of the cases, we like to have you all try to go outside and settle your differences or opinions in the lobby. And we'll call those cases that have no opposition first. And for those folks that are going to speak, whoever is going to speak today, would you stand up and raise your right hand? anyone that's going to come to the podium and speak, would you please stand up and raise your right hand? If you're an applicant, you're going to be coming up to the podium. So if you're an applicant and you're going to be coming up to the podium, please stand, raise your right hand. Do you agree to tell the truth and nothing but the truth? Thank you. the first agenda item is Lexington self-storage is the applicant here is there any opposition you don't need to come up I'm going to call the agenda first is there any opposition to Lexington self-storage no opposition the second case is Paul Gardner TKD construction is the applicant here is there any opposition to Paul Gardner Any opposition? All right. Patty Sparks is the applicant here. Is there any opposition to Patty Sparks? Next case is Valerie Howlett and Forrest Day. applicant is present is there any opposition Kelly Nursery the applicant is here is there any opposition to Kelly Nursery and David Hellyer David Hellyer is the applicant is here is there any opposition to David Halyer. All right. We'll begin with Lexington Self-Storage. Would the applicant please step forward and say their name for the record? Good afternoon, ladies and gentlemen of the board. Mr. Chair, my name is Morton Dye with Palmer Engineering representing Lexington Self-Storage, LLC. Thank you, Mr. Dye. I know that the staff has recommended approval subject to six conditions. Does your client agree to abide by those six conditions? Agree to the six conditions, yes, sir. Very good. I'd like to ask members of the board if they have any questions of the applicant. Hearing none, we'll ask for a motion to approve. And this is three variances. Can we approve of Mr. Marks all three at one time? Okay, very good. We'll entertain a motion. Mr. Chair, I move to approve PLNPOA 16-24 Lexington self-storage request for variances to reduce the required distance from a residential zone for overhead doors from 100 feet to 5 feet on the northeastern side of the property to 60 feet on the northwestern side of the property and to 73 feet on the southwestern side of the property. Number two, to eliminate the required landscape buffer area on both the northeast and southwest property lines. And three, to reduce the required side yard based on a 3 to 1 height to yard ratio from 7.3 feet to 5 feet along the northeastern side of the property in order to allow construction of an office building and storage unit with a building height not to exceed 22 feet, and a wholesale and warehouse B4 zone at 1089 South Broadway for the reasons stated in the staff report and subject to the six conditions contained therein. Thank you, Mr. Glover. I made a motion. Is there a second? I second the motion. Ms. Whitman seconds. All in favor signify by saying aye. Aye. Any opposed? Thank you. Good luck with the project. The next applicant is Paul Gardner. Would the applicant please step forward and state their name for the record? Paul Gardner. Good afternoon. Good afternoon, Mr. Gardner. Mr. Gardner, the staff has recommended approval for your variance subject to one condition. Do you agree to abide by that condition? Yes. I'd like to ask members of the board if they have any questions for Mr. Gardner. If not, the Chair will entertain a motion. Mr. Chair, I move we approve PL-BOA-16-0025 Paul Gardner TDK construction requests a variance to reduce the required 20-foot side street side yard along North Martin Luther King to 13 feet to construct in addition to the existing duplex in a planned neighborhood residential R3 zone. within the defined infill and redevelopment area at 173 East 6th Street, based on the staff recommendations and in one condition. Thank you, Mr. Forrester. May the motion. Is there a second? I second. Mr. Needham seconds. All in favor signify by saying aye. Aye. Any opposed? Thank you very much, Mr. Gardner. Good luck. Thank you. Patty Sparks, would you please come forward and state your name for the record? Good afternoon. Patty Sparks. Hi, Ms. Sparks. Ms. Sparks, is this letter in relative to this case that you just passed up to her? There's one letter. It's an interesting letter, not really objecting, but just stating an opinion about the project. It's by someone that's not directly affected. Ms. Sparks, would you give us a minute and let us take a look at this, please? I'm going to make a little bit more of a little bit more of a little bit more I'm going to make a little bit more Thank you. Thank you. Thank you. Thank you. Staff has recommended approval subject to three conditions. Do you agree to abide by those three conditions? I don't know what the three conditions are. You should have received notification of what those three conditions are. Let the property be developed according to the submitted application on the site plan. Have you not seen that document, Ms. Farnes? Was I supposed to receive this in the mail? No, I did not receive this in the mail. She would have received us at some point in time, wouldn't she, Mr. Marks? All the applicants received. She should have. We may give her a minute to read the conditions. Please do, Mr. Marks. You want to call somebody else? No, just go ahead. Which one is too many reads? You've got this recommendation of approval is made subject to three conditions. And if you would read those conditions, we want to make sure that you agree to abide by those conditions. Yes. Mr. Sparks agrees to abide by the three conditions. I would like to ask the Board of Adjustment if they have any questions for Ms. Sparks. I do. Ms. Meyer? There's reference made in the staff report about the well, the old well and septic system, and the letter that we received references the old septic system. But I note that the third condition has to do with the septic system will be evaluated and approved by the Fayette County Board of Health prior to occupancy. So will they be checking that old system as well, that old septic? I mean, that's the question that is raised by the letter from the... If she intends to use the old one, then I would say yes, but if she wants to abandon it, then they're probably into a new and there probably isn't any need for them to evaluate it. So there's not an issue? No, I wouldn't think so. Thank you. Ms. Farce? I don't know where there's an old septic system. The health department's been out, and he plotted this spot, and he didn't say anything about an old septic system. There's never where. Is that satisfying? Did you just say that when you were in the office the one day that there was? No. I have his report here if we need to, for the septic. I presume, maybe this is a question for somebody other than the applicant, but I assume that Ms. Meyer's question has to do with, I mean, this is not on sewer system, right? Correct. So you're going to have to have a septic system. And so the septic system, according to the condition, is going to have to be approved by somebody. Yes. And I presume that there is a distance requirement from other property for septic fields. Does anybody know that? Answer that. That was the issue raised in the letter we got having to do with where the septic system is going to be or where the field, I guess, is going to be. Yes, he's plotted that and marked off exactly where the field needs to be. Okay. The gentleman at the health department. All right, so he's approved it? Yes, he's approved it, and I've met with him, and he marked everything off in the septic field where the leach field should be. Okay. One of the requirements in the, or one of the three conditions is that you get, that the septic system be approved by the Board of Health. So I assume that before you occupy the building, you'll get some kind of signed document. Correct. That signifies their approval of the septic system, the location and everything. Is that correct? Yes. Okay. Thank you, ma'am. Thank you. Anyone else? Will the chair entertain a motion? I move to approve PLN VOA 1626, Patty Sparks. request for variances to reduce the required front setback from 300 feet to 100 feet and to reduce the required side yard on each side of the property from 25 feet to 5 feet in order to build a home in the agricultural rural zone at 3595 Maddox Lane for reasons recommended by staff and subject to the three conditions outlined by staff. Thank you for the motion. Ms. Myers, is there a second? I'll second. Mr. Glover, seconds. All in favor signify by saying aye. Aye. Any opposed? Thank you. Good luck with the new home. I'd like to call the next applicant, Valerie Howlett, and Forrest Day. Would you please come to the podium and state your name for the record? Hello, I'm Valerie Howlett. Ms. Howlett, the staff has recommended approval subject to two conditions. Do you agree to abide by those conditions? I do. Thank you. I'd like to ask the members of the board if they have any questions for Ms. Howlett. Chairman Stummo, we do have one letter of support for this that will pass out. A letter of support, Mr. Marks? Okay. Ms. Hollett, just give us a second to take a look at this. Thank you. All right. We've had a chance to look at the note and support Ms. Howlett. I'd like to ask again if any of the members have a question for Ms. Howlett. Hearing none, the Chair will entertain a motion. I move that we approve PLN-BOA 16-27, Valerie Howlett, and Forrest Day's request of a variance to allow an encroachment into the required 43-foot rear yard by 15 feet in order to build an elevated screen porch and deck at the rear of the residence in a two-family residential R2 zone at 3470 Tates Creek Lane, based on staff's recommendations and subject to the following two conditions. Thank you for the motion, Mr. Needham. Is there a second? No, a second. Mr. Forster, seconds. All in favor signify by saying aye. Aye. Any opposed? Good luck with the project, Ms. Howlett. Thank you. Thank you. The next applicant is Kelly Nursery. Please come up and state your name for the record. Good afternoon. I'm Todd Kelly. Mr. Kelly, the staff has recommended approval subject to five conditions. Do you agree to abide by those five conditions? We agree, yes. Very good. I would like to ask members of the board if they have any questions. Mr. Marks, am I correct that they're going to be moving their nursery to a location on Lee's Town that had been a nursery prior to? Yes, that's correct. And no new buildings are going to be erected? Correct. Very good. Anybody, any other questions? Is this the old Two Brothers nursery? It's the old Bill Lowe's nursery. Okay. Beyond Two Brothers. Okay. On the left. On the left. On the left side as you go out of town. Right, about three-tenths of a mile on the left. Okay. Yep. Thank you. Anyone else? If not, Cheryl, entertain a motion. Mr. Chair, I move to approve PLN BOA 16-19 Kelly Nursery's request for a conditional use permit to operate a plant nursery with wholesale sales on a property that is split-zoned, Agricultural, Rural, and Neighborhood Business B1 at 4182 Leestown Road for reasons recommended by staff and subject to the five conditions outlined by staff. Ms. Myers made a motion. Is there a second? I'll second. Mr. Needham makes a second. All in favor signify by saying aye. Aye. Any opposed? Good luck with the project. Thank you. Mr. Kelly, thank you. David Hellard? Please come up and state your name for the record. David Heller. Mr. Heller, we've got some correspondence that was just passed to us, and we'll take a quick look at it and get back to you. Thank you. Thank you. I'm going to get the food pressure. Thank you. So, Thank you. Thank you. The staff has actually recommended approval subject to two conditions. Do you agree to abide by those conditions? Yes, I do. I'd like to ask the board if they have any questions. Mr. Heller. because your neighbor, the letter was not very flattering, Mr. Hellard. He actually mentioned about the upkeep on the property, the care, the trimming of the trees. I wanted to make sure that the quality of porches were up to date, and those were some of his concerns. And I wanted to know if you were aware of that. I know that there is a new neighbor that lives next door that I had an issue with because they trimmed trees and came about eight feet on my property and trimmed trees. And I went to take her to small claims court, but then I didn't show up. So there's no litigation going on between you and your neighbor in Small Claims Court or anything about him? That's not what we're here for, but obviously when we see a letter like that, we become a little... Let me just give you a quick history here of Dave Hellard in Hanover Avenue. I lived on Ashland Avenue for five years in an apartment, and 35 years ago we bought a duplex at 196 North Hanover. We turned it into a single-family dwelling and lived there for 19 years. There was a house next door to us that we wanted to move my mom into and restore. The city said that it was beyond restoring, and we demolished it, and we built the house we have currently lived in for 15 years, and we built it as a house that looks appropriate for the neighborhood. it and a few years after we started building our built the house property came for sale and the day the sign went out we talked to the owner it's a fourplex two doors down and he made us an offer we couldn't refuse really we bought the property we put sixty thousand dollars into it fixing up all four units and with a year's labor of my my family my wife and myself and i take care of my property there are trees there there are big trees there they're healthy trees we keep the grass and think i you know i don't know what her complaint is so okay thank you mr hellard um do any member of the board have a question for mr hellard Hearing none, we'll entertain a motion. Mr. Chair, with respect to PLN BOA 16-18, David Hillard, I move that we determine that the administrative review of the construction of the porches with storage closets on the rear of the fourplex for each of the four units is not an expansion of a nonconforming use in a two-family residential R2 zone at 188 North Hanover Avenue. based upon the testimony we've heard today, the staff review and subject to the two conditions listed in the staff report. Mr. Glover has made a motion to approve the administrative review. Is there a second? I second the motion. Ms. Whitman seconds the motion. All in favor signify by saying aye. All right. Any opposed? Good luck with the project, Mr. Ellis. Thank you. All right, thank you so much. I'd like to ask if there's any items that any of the board members would like to present at this time. Anything from the staff? Mr. Marks? I just wanted to fill you all in with a training opportunity coming up on November 11th. It's David Pike who does a lot of these trainings around the state. He's quite good at it, very entertaining. So those of you with a need for training hours, that might be a good time to get some in. I think, Chad, if you could take a look at that date to see if there's any way you could. Mr. Marks or Barbara, could you send us a list of where we are with our hours and what credits we need? I haven't seen one, two, in some time. I'd be happy to do that. This November 11th, did I hear, is that David Pike? Is that who's going to? David Pike, yeah, that's kind of an all-day thing. Okay. Where is it? Where is it, Jim? It'll be at the planning office, 7th floor. For those of you who had never heard, David Pike, he's very good. He's entertaining. He knows his stuff. I've taken two of his classes, and they've been excellent. I recommend it for anybody who's not heard him. I do, too. I've taken two, and I think he's very good. He learned a lot. He's been doing this for our board for some time, and I agree with Mr. Glover and Ms. Meyer. He's excellent. And you actually do have a little fun during the day, believe it or not. I'd like to announce that, Mr. Glover, did you know that our next meeting will be October 28, 2016? I'm glad to hear that. Thank you. Thank you, Mr. Glover. And it's nice to be back to the Board of Adjustment. Nice to have Ms. Myers back after traveling to Italy. And I noticed we have new chairs in the chamber, a nice addition. And I just wanted to go on record to say I appreciate Ms. Myers' glasses today. My glasses broke. this is normally not my style. But with that... And Mr. Stembo, we're glad to have you back. We understand you've undergone some major surgery. Maybe not major for the rest of us, but major for you. And, you know, the difference between major... Of course, the difference between major and minor surgery is it's major if it's on you. It's minor if it's on somebody. Right. Well, very good. Actually, I did. I had complete left hip replacement two weeks ago Wednesday. And so I'm actually back feeling pretty good. But I'm glad to be back. Thank you, Mr. Glover. I appreciate that. I appreciate everybody's comments and also the card I received from staff. I appreciate that very much. Is there any other business to come before us? If not, the meeting will stand adjourned. Thank you all very much. Thank you.