Thank you. He was a friend of mine, and he could sing a song, his heart in every line. Good afternoon, everyone. I'm going to call the agenda for the Board of Adjustment meeting on June 11, 2018. I'm going to go through the first item will be approval of the minutes. Has everyone had an opportunity to review those? And does anyone have any comments? Hearing none, then I will entertain a motion. I move we approve the May minutes. Thank you, Ms. Meyer. We have a first. Do we have a second? Second. Mr. Needham seconds, please register your votes. Oh, actually, any discussion on the motion? Hearing none, then please register your votes. Then I will sound the cases. Before I do that, does anyone want to postpone, withdrawal or any other items to discuss before we start okay hearing none then if you are here today i would like you do some things for me number one is turn off your cell phone or put it on silent generally what we do is we take cases in the order in the agenda however though we do take unopposed matters first then we put either disapprovals or cases which they're opposition after. So for example, we'll do all the variance appeals. I see there's one disapproval. So we'll start with the Ethington case and then we'll go through the conditional use appeals and then we'll start back over with the disapproval item. We're going to swear anyone in who wants to speak today. You'll just stand, I'll swear to you, in a few minutes. Please do not approach the board and do not talk unless you've been recognized by the chair. Do we have any letters in support or opposition today that we need to review? For the first case, PLNBOA 18-39 Luke Morgan, we do have a couple of letters in support. and for case 18-43 nonstop towing we have several letters in opposition. Okay, so for those two cases we'll take a couple minutes and let us review the letters before we start the case. So with all that being said, if you want to speak today, which means come up to the podium, please stand and raise your right hand for me. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? All right, thank you very much. So, we will go through the docket. So, the first case is PLM BOA 18-39, Luke Morgan. Applicant present? Yes. Thank you, sir. Anyone here in opposition? Okay, the board has disapproved that, so when your case is called, we'll have the staff give a report and let you do a rebuttal. Thank you, sir. The next item is PLM BOA 18-42, Ethington. Is the applicant present? Thank you, sir. Is there anyone here in opposition? All right, we have one in opposition, so we will swing you back in the order. The next item is PLNBOA 18-44. Mike Heights is the applicant present. Thank you, sir. Is there anyone here in opposition? All right, you'll be the first case we call, sir, if you want to have a seat. Then we have some conditional use appeals, PLM BOA 18-40. I don't know how to pronounce the first word, so I'll say Temple and Cultural Center. Mr. Murphy, is there anyone here in opposition in this case? Okay. The next case is PLM BOA 18-41, Steve Wainwright is the applicant present. Thank you, sir. Anyone here in opposition? Okay. Lastly, we have administrative review, PLNBOA 18-43, nonstop towing. Is the applicant present? PLNBOA 18-43, nonstop towing. Well, this will be the last one on the docket anyway, so I'll call the case again later on in the meeting in case they do show. Okay, so that brings me back to PLM BOA 18-44 Mike Heights request for a variance to reduce the rear and side yard setbacks to zero feet in order to enclose an existing covered walkway. Sir, please come to the podium. Introduce yourself. Jack Stewart, Stewart Architecture. Thank you, sir. Are you here on behalf of Mr. Heights? Yes, sir. Okay. The staff has recommended approval with two conditions. Have you seen those conditions? Yes, sir. Are you agreeable, you and your client? We are. Okay. Does anyone from the board have any questions? for the applicant? All right, we're hearing none. Then I will entertain a motion. I make a motion that we approve PLNBOA-1844 Mike Heights requests for a variance to reduce the rear and side yard setbacks to zero feet in order to enclose an existing covered walkway in a planned neighborhood residential historic district overlay zone at 558 Central Avenue based on the staff's recommendations and subject to the two conditions listed. Thank you, Ms. Carter. Do I have a second? Second. I have a second. Any discussion on the motion? Hearing none, then please vote. Thank you, sir. Good luck with the project. Thank you all. Appreciate it. Which brings us to the next case, PLN BOA 18-40, Temple and Cultural Center's request for a conditional use permit. Mr. Murphy, please introduce yourself. Thank you, Mr. Chairman. I'm Dick Murphy. I represent the Bharatiya Temple and Cultural Center. And I do have a number of officers of the temple here with me today. Inderpal Singh and Saru Singh on the front row Vinu Patel and Rob Mattel and Ashwin Josie on the second row and we have reviewed the staff report and agree with the conditions that they are proposing Thank you sir Are there any questions for the board for Mr. Murphy? Okay hearing none then I will entertain a motion I move that we approve PLNBOA 18-40, the Baratia Temple and Cultural Center, a request for a conditional use permit to construct two structures, accessory to a place of religious assembly in the agricultural zone at 3050 North Cleveland Pike. that's based on the staff's recommendations and subject to the five conditions listed. Thank you. Do I have a second? Second. Any discussion on the motion? Hearing none, please vote. All right, good luck with your project. Thank you. Thank you. The next item on the agenda is PLMBOE 18-41, Steve Wainwright, applicant. Please come forward to the mic. And state your name for the record. Steve Wainwright. Thank you, sir. The staff has recommended approval based upon five conditions. Have you had an opportunity to read the report in those conditions? Yes, sir. And do you agree with those conditions? yes sir okay does anyone from the board have any questions for mr wainwright okay hearing none then i will entertain a motion i move we approve plnboa 18-41 steam steve wainwright's request for a conditional use permit to establish a place of religious assembly in a planned neighborhood residential R3 zone at 2700 Old Todd's Road based on staff's three reasons and subject to the one, the five conditions outlined by staff. Thank you, Mr. Needham. Do I have a second? Second. And I have a second. Any discussion on the motion? Hearing none, please vote. Congratulations, good luck with your project sir. This brings us back to the cases that are either recommended for disapproval or there's opposition. Before I start I saw two gentlemen walk in. Are you by a chance with non-stop towing? Thank you. Thank you. Do you plan on speaking today? All right. If you do, please stand so I can swear you in. Raise your right hand. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? Thank you very much, gentlemen. You will be the last case on the docket today, so just have a seat, and I'll call you up when it's time. So this brings us to our first item, and I believe, Autumn, you said there are some letters. So this will be PLN BOA 18-39, Luke Morgan. I see the applicant present. Please come up, Mr. Morgan. If you would, just introduce yourself to the record and then have a seat, and we'll look at these letters, and then we'll let the staff get the report. Good afternoon. My name is Luke Morgan. Thank you. Autumn, if you'd like to come forward and give us your report. The applicant is requesting a variance to increase the allowable projection of a covered porch from 8 feet to 12 feet into the required front yard. staff has recommended disapproval of this based on the the legal test that we have to to meet in order to approve a variance the board must find that the variance will not adversely affect the public health safety or welfare will not alter the essential character of the general vicinity of the project site and will not allow an unreasonable circumvention of the requirements of the zoning ordinance in this situation while we understand the applicants desire to have a larger front porch than what would typically be permitted. The house is set back at the minimum required setback of 30 feet so a projection eight feet into the yard is what is allowable by the zoning ordinance and there are no special circumstances to justify the owner's request for this other than that they simply would like to have more space which we're sympathetic to. But given that the language of the zoning ordinance is as it is this perhaps would be you know if there's a greater issue here at hand of that restriction being too restrictive then that would be an issue for a text amendment maybe through the Planning Commission but on a case-by-case basis in this situation any kind of front porch is pretty atypical in this neighborhood most of the houses have a stoop with a small cover or something even a porch projecting eight feet is not typical for this area so that's why we have recommended disapproval of this I've got a question about what's allowed in the in the in the site in the drawing Dave the porch is is the porch is just across part of the front it's not going across the entire front and in the ordinances Is it allowed if the applicant could have it across the entire? Yes. Thank you. It could go across. Any additional questions for staff? Thank you, Autumn. We may have more. Mr. Morgan. Thank you. Good afternoon. Apologies. Please proceed. Okay, thank you. On behalf of my wife, Luana Redcorn, we asked the board to allow this variance. This variance is designed to make this porch more functional and will be consistent with the neighborhood's aesthetic. You've seen two letters from our neighbors who are in support of this. I'd like to think in part that's because Luann and I have fall and spring neighborhood gatherings in our front yard. We are very much a part of this community. We've lived there for approximately 25 years, 27 years. The porch, I recognize eight feet, is about two of those panels. Four more feet would make that three of those panels, as you see across from you. This makes it more functional. It makes us want to use it, meaning we're out front. We're interacting with our neighbors. We're also keeping an eye on things in the neighborhood. Just by virtue of being out there, we will have that much more of a presence and an understanding of what's going on. This is new urbanism. This is designed. We intend for this to be involved and to be involved with the neighbors in our community. and an eight-foot porch is something that our architect, Clive Pole, has suggested. This isn't something that we're just slapping together on two-by-fours, and we're taking a very thoughtful and lawful approach to try to do this. Eight feet is probably 90% of what we would need. Luann and I probably are going to be the only two on that porch most of the time. But for those occasions in which we want to have our neighbors over and we want to sit outside and we want to talk, it's difficult to sit four abreast, boom, boom, one after another and have some conversation. I think we all know it's a whole lot easier and better to have a conversation around a table. and eight feet is an insufficient amount for us to have people gathered around a table. And that's just when we have a couple, two neighbors come over to talk. If we have more than that, it becomes impractical. Autumn's right. Many of the homes in the neighborhood, most of the homes, don't have a front porch, certainly nothing like we have in mind. If they have anything, it's just an overhang, which gathers newspapers and other types of mailers and phone books, and they don't use it. We want to use this. And to be able to use this, to use it well, we ask for this variance. The difference between 8 and 12 feet is going to be unapparent. No one will know that from the sidewalk, even from our driveway. No one will know that difference, but when you're on that porch, you will. So please, Luanne and I respectfully request that you allow us this variance. Thank you, Mr. Morgan. Any questions for the applicant? In your thinking about this porch, I mean, I understand what you're saying, but I also have to look at the ordinance. what the ordinance says and you know is there a compelling reason to to um to grant this have you thought about you know just you know having an eight foot porch across the entire front of the house you know that's a good uh question and i thought you might be going that way when you asked autumn about that um no we haven't simply because the we don't want that much of a porch That would really be inconsistent with the neighbor in the aesthetic of the neighborhood. Plus, what Clive has in mind, and we're good with this, is the stoop up, and you have a stoop entrance into the home, accentuates the home more, and then a slight step down to this porch area. That would not work. we would have to elevate it that much the whole porch to get it all uniform across otherwise we would have just two separate areas realistically we don't we don't have that many people over to have the whole front of the house we've got a beautiful tree on that other side that we want to keep and and we would we would be unable to if we extended the porch so there are several reasons for this. Ma'am, I understand. I'm a lawyer. I follow the law. I get it. I know what it's like. But I also know that we as people, the law is designed to serve us. Not us serve the law. That's why we have this process of variance to allow in a case-by-case circumstance. And this is one of those cases where our variance is allowed. Any more questions? Okay. In that case, I'll entertain a motion. Okay. I'll make a motion for disapproval for PLN BOA 18-39, Luke Morgan, request for variance to increase the allowable projection of a covered porch from 8 feet to 12 feet into the required front yard of a single family residential zone at 1325 New Ridge Court, just in accordance with the staff's recommendations. Thank you, Ms. Carter. I have a first. Do I have a second? Second. I have a second. For Ms. Meyer, please register. Oh, any discussion on the motion? Hearing none, please register your vote. Sorry, the application has been disapproved. The next item we have on the docket is PLN BOA 18-42, Ethington and Ethington. At one point, there was opposition. Is there still opposition? You don't think so? That sounds good to me. In that instance, please come up to the podium and introduce yourself for the record. My name is Matt Carter with Vision Engineering. Thank you, Mr. Carter. Staff has recommended approval based upon four conditions. Have you had an opportunity to read the report in those conditions? I read those, and we're in agreement. Thank you, sir. And ma'am, is there anything you would like to say? Or are you satisfied with the answers you received? Okay, thank you, ma'am. In that instance, anyone have any questions? I do. This was a project that involved a zone change that the Planning Commission approved. Is that correct? That's correct. And then there was a plan, there was a development plan that went along with the zone change. That's correct. Is this plan the same plan that the Planning Commission saw? It is. It is the only, the latest development plan that was approved, it was conditionally approved, and the condition being we had to come in front of the board to get the variance for the setbacks. In this zone, this is a B3 zone. It got changed to a B3 zone. Am I right about that? B1. B1. It got changed to a B1. And a B1 zone is more of a neighborhood type of zone. Yes, ma'am. and is typically is there parking in front of the businesses in a in a neighborhood zone like that or is it more is it more friendly to the is it more encouraging more walkability i i mean i personally think it depends on where the b1 is located if it's If it's downtown where a lot of B1 is located and typically then the buildings are put up closer to the road where they're kind of pedestrian oriented to the sidewalks along the streets. But given where this is and some of the commercial that's already around there, what we're proposing is more typical for that part of the town. Well, I drive that corridor a lot. And when I came in today, I made note of how was the parking situated along Harrodsburg Road, the businesses that were along Harrodsburg Road. And, you know, I start at South Elkhorn, and I see the development there. And because the road is elevated, you know, you get a different view. Then you've got the church, and then you've got your project, and then you've got green space that is still there. And as I drive that corridor, I'm not seeing a lot of parking lots that are, you know, visible or totally visible from Harrodsburg Road, except for the there's a housing development kind of across from that on Clay's Mill so I'm wondering why you know I mean it's you know you've got townhouses that are backing up to residential and then you've got what do you know you've got to you've got you've got a gas station and then a couple of other business business buildings that you're going to have out there and you're going to have the parking that fronts onto the the the access road well we we preferred to keep the parking separate from the neighborhoods that we joined we didn't want to put the parking behind the buildings where within the neighborhood the town homes and the existing neighborhood in palomar would you know they would have direct sight of these parking lots and we felt it was easier to hide the back of the buildings with landscaping and keep the parking up front and just keep it isolated from the neighborhoods and we felt like that's been well received all along from the neighborhoods we've talked to there's you know that that that that's been completely clear you know There used to be mature trees there, and they're all gone. It's just been stripped. And I can see the buffer between Palomar. You know, there's a buffer of pine trees, and probably there's fencing. I would assume there's fencing. But that's it. That's it. Everything else is gone. And there's a lot of additional landscaping that will be going in with this development. Well, it'll take a few years for it to mature. You know, what was there was gone. It was very mature and it's gone. So I'm just not buying into the need for this variance. Can we throw up the site plan onto the... I would like to add that when we did do the zone change, we did ask for this same variance in front of the Planning Commission, and it was approved, and we're kind of following along you know that was our plan for their entire development to have the building set back like this at the time of the zone change we kept lots these lots that are shown here we kept those preliminary until recently because we didn't know what size buildings we were wanting to put in but you know all along through the planning process this is basically the development plan and layout that's that's been approved by the Planning Commission and accepted by the neighbors, the adjoining neighbors. Would that only be for one of the lots? Because if it was for all the lots, you wouldn't be in front of us. Is your question which one was the variance approved for? Well, you said it's been approved by the Planning Commission, but they clearly haven't approved the variance for all the lots or you wouldn't be here. No, sir. They approved. It's not shown on this. It would be to the west of this. There's a corner lot that was projected to be a pharmacy. If I can, sorry. This board actually approved that variance last year for a farm at sea with a drive-through. It's the property that is adjacent that, as he said, you can't see it on this, but it's just the next property over towards Madrone Way. But I guess the point being is... The Planning Commission did not approve a variance. That's your purview. And that was this board. Okay. So without our approval, what's the setback? Is it 30 feet? 10 to 20. 10 to 20. and it's 10 to 20 from the access road is that correct is that is it can it be it's it's not off from harrodsburg road it's off from the access road we when we did this variance i believe we measured from the right of way we did not measure from the access road out of curiosity that these just going to be retail buildings. The smaller building to the left is a convenience store. The other two buildings are retail shops. They could be retail. They could be restaurants, cafes, so it's going to be neighborhood uses. Very walkable. Mr. Chair? Mr. Marks? Marks would it would it help for Matt to try to explain how the lot that's already been approved for the variance is integrated into this part of the development couldn't hurt if at all but do we have an overhead of that? I'm not sure. But I'm not sure if that will alleviate Ms. Myers' concerns, which is a sea of parking adjoining Harrisburg Road. I have to compare that to the sea of parking that's already been approved. That's all on the adjoining lot. We have to see how everything matches up. I'm going to let Matt show me where he wants to focus in. Yeah. Basically, we're here. Just a pointer. I've got it. So right here, these three buildings are what our board of adjustments for. We do have the frontage road off Harrodsburg Road that comes in here, goes around, comes up here. This is the corner lot that is the pharmacy building. It's already approved. It's got parking set up here in front of the building and here in front of the building. And then so our plan is just to continue this on with parking in the front. And everybody we've talked to liked this layout in this neighborhood because they didn't want parking back here behind the buildings. And if we followed to the letter of the law, the B-1, we would have these buildings sitting right here and all of our parking in the back. and we feel like that road, or Harrodsburg Road by itself is not a really walkable street. There is a lot of pedestrian activity that's going to be coming from behind the neighborhood. Do you have access from the neighborhood? We do. This is Madrone Way, and it goes up and ties into the neighborhood. There's an existing stub coming out of the neighborhood, and we're currently constructing this road now all the way down to here. Another access point. This is another access point coming out of the neighborhood. And we will have pedestrian. We'll have a sidewalk coming through here. Sorry, my hand's a little shaky. but sidewalk coming through here coming down into to the shopping center and also we'll have a sidewalk coming from the end of this cul-de-sac in into the commercial right here and then there's an open there's a road there's another road stubbed in out of the subdivision that will not continue into the property but we are putting a sidewalk down through here down through here to give so there'll be lots of places for pedestrian access to the neighborhood. And the highway departments even expressed to us that they're not interested in Harrodsburg Road in that area, having a lot of pedestrians there. So just the speeds are too high. there's a lot of traffic accidents there and they really don't want people in that area so what we're proposing keeps them back you know more access from the neighborhoods directly into it. I don't have a question. I guess I would just like to state that I agree with the premise that the parking on the Harrisburg road side is less intrusive to the neighborhood or the residential properties and Harrisburg is already a busy thoroughfare with activity so it just seems for me personally more suiting that it faces out and it would have less impact for the daily life of the residents and the values of the property and I just think about every time they look out their backyard it would be less you know I think it'd be more appealing not to see the activity and the traffic and the multitude of cars that could be there so of the choices I do agree that that's a better choice. The Planning Commission when they were reviewing the plans and hearing it too they did put a lot of emphasis on on this where these townhomes are having this heavily screened in here because they did not want the townhomes to have to look at trucks and parking and that type stuff so it just it just it's just it's just another you know development that's all over Lexington I mean and and I you know I know we have to have cars and I know we have to we have to have you know we have we have these things that we you know we've gotten accustomed to these conveniences and but it's a suburban type of look that is out in a more rural area. And I understand what Raquel is saying. I understand the neighbors' needs and the neighbors are supportive, But by the same token, it just at one time were the buildings oriented differently? You know, I spoke with Tracy Wade this morning, and was there a development plan that had the buildings looking at each other? Or did I misunderstand that? No, this is with a few, like at one time we may have had one building here, one long building, but now we've broken that up into two buildings with kind of an area in between the buildings that will be patio area where they can have outdoor seating for restaurants. and that's really the only change since the zone change how many how many townhomes are there how many units are there in there This is, I believe, 25 townhomes in this first phase, and it looks like maybe 10 more in another phase. This is a different developer, so we will not be doing this piece right here. But then these are all single family, and I believe there's... Let me look at this. 38 single family. So we have 38 single family and about 35 townhomes. Is there a reason the buildings couldn't be moved forward and have parking surrounding the buildings? And bring you more in line with the pharmacy setback rather than, I think this pharmacy one was, Mr. Marks, 90 feet. This one's 195. That's correct. I suppose they could be moved forward. We're having to get creative with our drainage on this project. You can see these kind of shaded areas here. That's underground detention and water quality. Now it's not just detention we have to look at. We have to look at water quality. If we do move the buildings forward, it very well likely could cause those to be resized, split up into more basins. It's just going to drive the development cost up. The bigger and the fewer we can keep them, the better it is for the developer. and I personally think money could be spent better ways with landscaping and just making the site look nice. But water quality is a big issue we have to deal with now, and we have to put 50% of your runoff has to be reintroduced into the ground. So that's why we've chosen these underground detention basins. So this is definitely our preferred location for the buildings. And I'm sorry, where did you get the 90 feet number for the? I believe the report mentions the pharmacy case on bullet point one, two, three, four. Yeah, it says 20 feet to 90 feet. But then this application is requesting, which has already been approved by this board, the 90 feet was last year. But then the applicant is requesting twice the setback. which I think is Ms. Meyer's concern. I think, and I was just asking because on the picture, it looks like the pharmacy itself is set back farther. Yeah, we don't have the pharmacy. That's the gas station. The gas station, gotcha. Yeah, I would say the gas station's pump area, the canopy will be close to where the pharmacy is, but then the rest of the buildings will be further back than that. Anyone else have any more comments? We have a small board, and do you want to have us vote today, or do you want to tweak your plan and come back next month um i'm not sure i'm not either um if if the vote's going the direction i think it's going i may would like to table it for one month and come back and mr. Tracy Jones my Rick we can is it continuance that way we don't to hear all the testimony again and then we make a motion for continuance yes if you if you don't want to hear it all again you have to be a motion for a continuance i was just looking at the timing on this are we bumping against the outside date no no okay so you but yeah if you want to just continue what you've already heard today to the next month it needs to be a continuance if you postpone you could potentially have to hear the same things again well i think practically speaking we'll hear most of the same things anyways because half of our board is not present right but in either case i think we in the continuance we would make make a motion yes you'd have to make a motion to continue and you're comfortable the continuance for 30 days yes okay well unless anyone objects i will entertain a motion I move we continue this case to the July meeting. We have a motion to continue this case to July 9, 2018. Is there a second? A second. Thank you. Any discussion on the motion? All right. Hearing none, please vote. And I would suggest to look at your designs and take some of the feedback, and hopefully we can come up with something that's more agreeable to everybody next month. Will do. Thank you, sir. Thank you. Out of my, it looks like to me, is it nonstop towing? Is that the last case we have? Okay. Well, in this case, I will be not voting, and I will turn over the gavel to Mr. Needham to lead the case, since I will not be voting on this one. Okay, this is my first time with the gavel, and this is an exciting case to look forward to. I'd like to call PLN BOA 18-43 non-stops towing. And can you enter your names for the record, please? Romy McIntosh. David McIntosh. Romy and David? Yes, sir. Okay. And then what we're going to do is we're going to have, since this has been disapproved, we're going to have staff kind of come up and give their overview. And then so you guys can have a seat, and then we'll hear staff, and then we'll hear you guys. I don't know if you want to take a few minutes to take a look at the letters that were distributed. They're pretty in-depth. Okay, give us a few minutes and we'll read these letters and then staff will make their presentation. Thanks. Thank you. Okay. Okay, we've read the letters of opposition, and then would staff like to make their report? Thank you. This request is an administrative review to change one nonconforming use to another nonconforming use in a single-family residential zone. The previous use was for a carpet cleaning business. the new proposed use would be a towing business a little bit of history on this request this is the result of a citizen complaint to our zoning enforcement that complaint came in on April 2nd and was inspected by one of our zoning enforcement officers on the third the following day at that time he found several vehicles including two towing vehicles on the site Since that initial inspection, two notices of violation have been issued as well as a civil citation. And that is what has prompted the applicant to come forward to you to seek this change from one non-conforming use to another. In determining whether or not a change in non-conforming use is approvable by the board, you must find that the new use is in the same or more restrictive zoning category. a carpet cleaning business would be considered the same as a contracting business or a shop of special trade which are first permitted in the B4 zone typically a towing business is not permitted until the I1 zone so by that rule the I1 is a less restrictive zone so that would be that would automatically disqualify this change additionally even if they were in the same or more restrictive zone you would have to find that the new use would not have a negative effect on the neighborhood there are several factors to consider here one is that towing vehicles are strictly prohibited in all residential zones another factor is the state of Beverly Avenue is a dead-end narrow road with very little shoulder having these kind of large vehicles come in frequently could have a pretty severe traffic impact. Additionally, the type of operation that is happening with employees coming and going throughout the day, the business is open seven days a week, 24 hours. They typically don't have people coming and going at all of those hours, according to the applicant, but that is, there's been reports of activity throughout the day and night. this would certainly represent a change in character of the neighborhood the carpet cleaning business as far as we could tell from aerial photos the only vehicles that were there for that business were your sort of typical white work van which are pretty typical sized vehicles that are permitted in in residential zones so just the change in in vehicles is concerning so those are the reasons that we are recommending a disapproval of this request okay thank you any questions from the board for autumn and the lovely staff okay thank you okay mr and mr mcintosh As our dear friend Tommy would say, what say you? Bobby, to be honest with you, I ain't never been nothing like this, so I don't know really how to speak to y'all, you know what I mean? As far as the trucks coming in now, they come in there to get a fuel card and they go back out and get fuel and go back on the road. They don't really come in there much no more after, you know, everybody let us know what was going on. And the reason why we didn't come here the first time is because we didn't know we had to. It's an outgoing business. And the other, our uncle, well, his dad, my uncle, his business before was an outgoing business. So, therefore, we didn't know anything of this kind of nature. This past winter, nobody complained when they was hitting the fence and we was pulling them out and helping them for free. I know that they complained about our dog. he lives there in the house above it I don't live there as far as now there's people coming in and out all hours or whatever that does not happen on the weekends the trucks are not there they stay on the road regardless we pretty much just try to help everybody out through there so I mean I don't I don't really know what to say I do have a question so where are the trucks stored when they're not towing the trucks well they don't really stop honestly uh there's one right now a driver didn't show up so it's sitting right there beside the shop it's the little bitty one at this residence all right yes ma'am okay uh the big one uh it stays on the highway most of the time for triple a members and stuff um uh i've always told the drivers if they see a police officer in stress you know to help him like personally me I went to Frankfurt the other day I come back as a car on the side of the road had a flat tire as a woman and a kid police officer right there I pulled over I changed the tire for clear and I went on all that stuff when we got that one paper in the mail everything else was mood is gone as far as all those vehicles sitting out like that now I I mean, you have our personal vehicles, Red F-250, his Duly, his old lady's Tahoe, stuff like that. My motorcycle sits in the garage. I mean, we try to calm down everything to meet the standards that the neighbors want to, you know. So if it's not approved for the use, I guess I'm wondering why do the tow trucks need to come to that residence? If they're mostly off, if they're mostly not there anyway, I mean, can you still operate the business? And if they're down very rarely, would it not just require having somewhere else to park the tow truck? If the tow truck goes down, it automatically goes to Fleet Pride or what's the other one we use? It's on Mandino Boulevard. And the little truck, it's an F450, just a little bit bigger than a 350. So it's the same size as one of those vans. It usually goes to a place in Paris, Kentucky called Mechanic Masters to be fixed. as far as the big boy the big truck it don't really stay there I told him to quit coming in there because I agree that that is a pretty good sized truck to come up through with Breville Avenue I guess what I'm asking is the impact on your business so if you're if you're not approved to operate the towing company out of that house does it stop your business because you could actually just but the trucks don't really need to be there right you can operate without the trucks ever coming to that residential location well i mean unless a driver don't come in i mean i don't have nowhere else to put it unless you put on side road why did the why did the trucks come to your to beverly avenue to to this location why do they come in service and maintenance to get washed and get fuel cars. As far as maintenance goes, I don't know nothing about reasons. Like changing the oil in them and just keep up, keep on them? So you're doing maintenance on them? No, we're not doing maintenance. The trucks come in, they'll set up. Sometimes they'll sit overnight, depending on if that driver's sick or not or can't come to work. Other than that, it's right back out on the road the next day when the next driver comes in. They go to that speedway right down the road, they get fuel, and they go on. Then just so they are coming. That is the home base for the trucks. Yes, ma'am. I tell you, in front of that garage is where those trucks sit. Okay, so that still is part of the issue, especially with the big truck, that you've got the big truck traveling there to the residential location. I mean, they have to. That's always going to be your home spot. So they have to either come back there, check in there, or start there and finish there. Is that correct? yes ma'am okay i don't know have they seen the letters or the pictures from the letters no okay because one of the ongoing or i guess repetitive complaints is that there is just that there's maintenance and mechanical work being done at that location which is a whole different issue are we saying it doesn't occur or no it does occur on our own vehicles like I've worked on my own Ford there I worked on my motorcycle there I work on my personal vehicles there like he's got customized cars yeah he's got he's got a show truck that he goes to shows with and get some trophies and stuff I mean he does the maintenance on his own stuff because I don't know how to do that kind of stuff on his stuff I think we um I mean if you guys could speak to essentially the towing business is the coming and going is not acceptable really in the neighborhood and a neighborhood setting and there's many reasons have been outlined. You know, I personally think that although this is a bucolic kind of setting and it is back behind, And if you have your own vehicles and it's your garage, you can work on them. Operating a towing business outside of that and those coming and going, unfortunately, is just not acceptable in this area, in this zone. And not that you don't want to be, you know, we don't want to say you can't be in business in the towing business, but at this location, I don't know how the board's going to vote, but it seems like the neighbors have a say here in what goes on in this setting. So I guess we need to hear, would we hear from any opposition, from anyone that would like to speak to this? For support or for opposition? Opposition, okay. You guys, I guess, can have a seat, and we'll hear from those, for anyone that wants to come up and speak. When you get to the podium, just please state your name for the record and where you live. My name is Connie McCullough. I live on Beverly Avenue, 189 Beverly Avenue. And we're totally opposed to this, my family and I. for many reasons. They do run 24-7. I have pictures of them bringing vehicles in, and this is not the vehicles they're working on. They also run 24-7, not just in the morning. And when they change shift, they're pretty noisy, lights shining in windows. And they do work on vehicles. They even have a, like a auto parts store that delivers parts to them there. Let's see. Just a couple weeks ago, there was a huge oil slick in our road that goes right into their driveway. I have pictures of that. I mean there's just lots of reasons. The big trucks that you meet on this road, it's a little tiny road. It's a dead end street. And you have to get totally off the road. Also, this has to be a devaluation to my property as well. and I mean I have plenty of pictures here if anybody would like to see any of those and I think that's probably all I have to say thank you okay thank you Connie anyone else in the audience would like to speak to this come up please Connie you can submit those photos to record if you'd like I haven't been sworn in, though. Okay. Raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? Yes, I do. You're sworn in. Well, okay. Thank you. And state your name and address, please. It's Andrew Finn. I live at 130 Beverly Avenue, and that's kind of at the beginning of Beverly, closer to Old Parrish Road. and we have over 30 windows in our house and I see everything that goes up and down the street. And Connie is right, the trucks do run 24-7. And they go about 50 to 60 miles an hour sometimes. And they run in pairs. And I have seen one big road back and two smaller, a black little wrecker and a white little wrecker. But, you know, since the beating has come up, they've kind of downed it a little bit. I don't see them as much. And they're very polite on the road right now. They pull off the side and let people by. But I think that's because of this meeting coming up. But I'm really appalled about how fast they go on this 25-mile-an-hour dead-end street. Coming and going. Most of the time it's 7.30 in the morning. They go up there. They're gone about 30 minutes, then they rush on back. Then you might not see them for maybe two hours, but they do take vehicles on their wrecker on the road back and take them up there and leave them and then come back. And I had drove up there to see what was going on. And it's been a couple of months ago, but when I went up there, it seemed like there was at least 20 to 30 vehicles behind the little fence in the yard. but it's really a dangerous thing they're doing going up this dead-end street there's people that walk on the street with their babies and carriages and you know it just it's bad and it is downgrading to the residential area i think that's all i have to say okay thank you very much anyone else have anything to say yes ma'am Please state your name and address for the record, please. My name is Diane Boucher, 217 Beverly Avenue. Actually, I don't live real near these gentlemen, right by them or anything, but I live up the street a little bit. but what I'm really concerned about it is a really quiet street it's a quiet street that's why I moved there very quiet street a narrow street no outlet you know and all and I just don't think any business should be on that street any business I know there's another gentleman that I guess he has a business there so I'm not sure but the business we I don't think we need any business on there it's quiet and people do welcome down the street it's a very narrow street and I think it does maybe downgrade our property of value actually and and we just don't need that I don't think either of you either of you all would like a tow business anything to be in your neighborhood like a Palomar you know and over here people just you know don't do that because it is we want to the values of our homes up and keep everything you know quiet in that particular area so uh thank you for listening thank you mr chair okay anyone else have anyone anything to say yes sir please approach good afternoon my name is jake michael i'm an attorney here in lexington i'm here on behalf of mark judy and emily volbrecht who live at 231 beverly mark and judy own the house and their daughter emily lives there i won't take up a lot of your time i just want to essentially echo everything that the other neighbors here on beverly have told you along with what the staff has said as well i thought about trying to repeat or emphasize some of those points but frankly i think everything you've heard is a very excellent reason that you shouldn't and and approve this application and quite frankly, while I admire the efforts of the applicants, I don't think that you've heard anything from them that would change the outcome of this, and I respectfully request that you all deny this application. Thank you very much, Mr. Michael. Okay, based on what we've heard, would we like to open this up to a vote? Okay. I move that we disapprove PLNBOA 18-43 nonstop towing's request for an administrative appeal to change one nonconforming use carpet cleaning business to another nonconforming use of towing business in a single family residential R1B zone at 180 Beverly Avenue for the reasons recommended by staff. I second. Thank you. I have a motion to disapprove. Please vote. Okay, the motion for disapproval has passed. Thank you, everyone, and have a nice day. Oh, and I'm going to give the gavel back to the official chair. Thank you, sir. It's not as easy as it looks. So that concludes the hearings for the day. Do any board members wish to present anything at this time? Does the staff wish to present anything at this time? I do note that we have an October 12, 18 opportunity for our training education. I think you and I, Chad, are coming up. I can't recall if ours are due this year or not. So that will be October 12. I'm sure staff will give us more information. The next meeting will be on July 9, 2018. And since there's no further business, I will adjourn. Thank you. you