# Board of Adjustment - September 10, 2018 > Auto-transcribed civic record · September 10, 2018 - **Permalink**: https://meetings.lexingtonky.news/meeting/4588 - **Source video**: https://lfucg.granicus.com/player/clip/4588?view_id=14&redirect=true - **Date**: 2018-09-10 - **Last revised**: September 10, 2018 - **Length**: 15,350 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Division of Planning Zoning Compliance Section Board of Adjustment convened on September 10, 2018, at 1:00 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Branden Gross presiding as the meeting officer. The board addressed eight agenda items during the session, consisting of variance requests and conditional use permit applications from various applicants throughout the community. The board took eight votes on the matters before them, with seven applications receiving approval and one item being postponed for future consideration. The approved items included variance requests for Sara Headley and Barbara Foley, as well as conditional use permits for Eric and Nancy Stelter, Nishann Sandhu, Harmony Day Montessori School, Veronica Joseph, and Element Design. The only item not resolved during the meeting was the conditional use permit application for Frank's Donuts, LLC, which was postponed to a later date. Four members of the public provided comments during the meeting, offering input on the various applications under consideration. The session demonstrated the board's active role in reviewing zoning compliance matters and land use requests, with the majority of applicants receiving favorable decisions on their petitions. ## Attendance The following members were present at the meeting on September 10, 2018: • Branden Gross • Jan Meyer • Raquel Carter • Chad Needham • Harry Clarke • Thomas Glover • Joan Whitman All members were in attendance with no absences or late arrivals recorded. ## Votes and Decisions The board considered eight applications during the meeting, approving seven and postponing one. **PLN-BOA-18-00056** [timestamp: 10:00]: Harry Clarke motioned to approve a variance for Sara Headley to reduce front and side setbacks for additional paved parking, seconded by Joan Whitman. The motion passed 6-0 with one abstention in a roll call vote. Voting in favor were Branden Gross, Jan Meyer, Raquel Carter, Chad Needham, Harry Clarke, and Joan Whitman. The approval requires the applicant to submit corrected drawings within 30 days to obtain a paving permit from the Division of Building Inspection. **PLN-BOA-18-00061** [timestamp: 20:00]: Jan Meyer motioned to approve a conditional use permit for Eric and Nancy Stelter to operate individual piano lessons as a home-based business, seconded by Thomas Glover. The motion passed unanimously 7-0, with the business to operate according to submitted application materials and site plan. **PLN-BOA-18-00062** [timestamp: 30:00]: Chad Needham motioned to approve a conditional use permit for Nishann Sandhu to operate health coaching as a home-based business, seconded by Raquel Carter. The motion passed unanimously 7-0, with standard home-based business conditions. **PLN-BOA-18-00059** [timestamp: 40:00]: Jan Meyer motioned to approve a variance for Barbara Foley to reduce required setbacks for additional paved parking, seconded by Thomas Glover. The motion passed unanimously 7-0, with the same 30-day drawing submission requirement as the Headley application. **PLN-BOA-18-00064** [timestamp: 50:00]: Harry Clarke motioned to approve a conditional use permit for Harmony Day Montessori School to establish a pre-school program, seconded by Thomas Glover. The motion passed unanimously 7-0. **PLN-BOA-18-00057** [timestamp: 60:00]: Thomas Glover motioned to postpone the conditional use permit application for Frank's Donuts, LLC for a drive-through facility, seconded by Joan Whitman. The postponement was approved unanimously 7-0. **PLN-BOA-18-00060** [timestamp: 70:00]: Chad Needham motioned to approve a conditional use permit for Veronica Joseph to operate family childcare for up to 12 children, seconded by Joan Whitman. The motion passed unanimously 7-0. **PLN-BOA-18-00063** [timestamp: 80:00]: Harry Clarke motioned to approve a conditional use permit for Element Design to construct a parking lot, seconded by Thomas Glover. The motion passed unanimously 7-0. ## Public Comment Four residents addressed the board during the public comment period, raising concerns about various development and business proposals in their neighborhoods. **Amy Clark** [timestamp: 65:00] spoke regarding Frank's Donuts, LLC drive-through facility. Clark expressed concerns about the request for a continuance and discussed the potential impact the proposed drive-through would have on the surrounding neighborhood. **Sue Roberts** [timestamp: 75:00] addressed Veronica Joseph's family childcare business proposal. Roberts voiced opposition to the business, citing concerns about increased traffic and noise levels that would affect the residential neighborhood where the childcare facility is proposed to operate. **Ella Neikirk** [timestamp: 76:00] also commented on Veronica Joseph's family childcare proposal. Neikirk raised safety concerns specifically related to children playing in the street, expressing worry that increased traffic from the childcare business would create dangerous conditions for neighborhood children. **Luther Hargis** [timestamp: 85:00] spoke about the Element Design parking lot project. Hargis expressed concerns regarding the construction of the parking lot and outlined how the development would impact the surrounding neighborhood. The public comments focused primarily on neighborhood impacts, with speakers raising issues related to traffic increases, safety concerns, noise levels, and general community effects from the proposed business and development projects under consideration by the board. ## Contested Items Two agenda items faced significant community opposition during the September 10, 2018 meeting, both resulting in requests for continuances to address neighborhood concerns. **Frank's Donuts, LLC Drive-Through Facility** The proposed drive-through facility for Frank's Donuts, LLC encountered substantial community opposition from local residents. Due to the level of neighborhood concerns raised, the applicant requested a continuance to provide additional time to address these issues. The board engaged in discussion about whether to postpone the matter entirely or continue it to a future meeting date, ultimately deciding to grant the continuance request to allow for further community engagement and potential resolution of the concerns. **Veronica Joseph's Family Childcare Business** A proposal for a family childcare business by Veronica Joseph also faced opposition from neighboring residents. The primary concerns expressed by community members centered on the potential impacts of the proposed childcare operation, specifically increased vehicle traffic in the residential area and elevated noise levels that could affect the neighborhood's character and quality of life. These concerns prompted discussion about the compatibility of the proposed business use with the existing residential setting and its potential effects on surrounding properties. Both contested items highlight common themes in local development and business proposals: community concerns about traffic impacts, noise levels, and the compatibility of new uses with existing neighborhood character. The requests for continuances in both cases suggest an effort by applicants to work collaboratively with concerned residents to find mutually acceptable solutions before proceeding with formal approval processes. ## Variance for Sara Headley [timestamp: 10:00] The Board of Appeals considered case PLN-BOA-18-00056, a variance request submitted by Sara Headley to reduce required front and side setbacks for additional paved parking at her property. Duvall Headley presented the variance request on behalf of Sara Headley. The application sought to reduce the standard setback requirements to accommodate expanded parking facilities on the property. Ms. Goderwis participated in the discussion regarding the proposed variances. The case involved modifications to both front and side yard setback requirements, which would allow for the installation of additional paved parking areas that would not otherwise be permitted under current zoning regulations. Staff had reviewed the application and recommended approval of the requested variances, contingent upon specific conditions being met. The staff recommendation indicated that the proposal met the necessary criteria for granting the variance relief. Following the presentation and discussion of the merits of the case, the Board of Appeals voted to approve the variance request. The approval allows Sara Headley to proceed with the additional paved parking construction with reduced setbacks from both the front and side property lines, subject to the conditions outlined in the staff recommendation. The approved variance enables the property owner to increase parking capacity on the site while maintaining compliance with modified setback requirements tailored to the specific circumstances of the property and the proposed improvements. ## Conditional Use Permit for Eric and Nancy Stelter [timestamp: 20:00] The board reviewed application PLN-BOA-18-00061, a conditional use permit request from Eric and Nancy Stelter to operate a home-based business for individual piano lessons. Eric Stelter and Nancy Stelter presented their request to the board. The applicants sought permission to conduct private piano instruction from their residence as a home-based business operation. Staff presented their analysis of the application and recommended approval of the conditional use permit with standard conditions for home-based businesses. The staff report indicated that the proposed piano lesson business met the requirements for home-based business operations under the applicable zoning regulations. The board discussed the application and considered factors such as potential impacts on the neighborhood, parking requirements, and compliance with home-based business standards. The nature of individual piano lessons was deemed compatible with residential use and unlikely to create significant traffic or noise issues for surrounding properties. Following their review and discussion of the application materials and staff recommendations, the board voted to approve the conditional use permit for Eric and Nancy Stelter. The approval allows them to operate individual piano lessons as a home-based business, subject to the conditions outlined in the staff report and standard requirements for such operations in residential areas. The approved permit enables the Stelters to legally conduct their piano instruction business from their home while ensuring compliance with local zoning regulations and maintaining the residential character of the neighborhood. ## Conditional Use Permit for Nishann Sandhu [timestamp: 30:00] The board reviewed application PLN-BOA-18-00062, a conditional use permit request submitted by Nishann Sandhu to operate a home-based health coaching business. Sandhu presented her proposal to the board, seeking permission to conduct health coaching services from her residence. The application involved establishing a home-based business that would provide health and wellness coaching to clients. Staff presented their analysis of the application and recommended approval of the conditional use permit. The staff recommendation included specific conditions that would need to be met for the permit to remain valid, though the specific conditions were not detailed in the available materials. The board discussed the proposal and considered the staff recommendation. No significant concerns or objections were raised during the deliberation process. Following the presentation and discussion, the board voted to approve the conditional use permit for Nishann Sandhu's home-based health coaching business, accepting the staff's recommended conditions. ## Variance for Barbara Foley [timestamp: 40:00] The board considered agenda item PLN-BOA-18-00059, a variance request submitted by Barbara Foley to reduce the required setback for additional paved parking on her property. Barbara Foley presented her request to the board, seeking approval to install additional paved parking with reduced setback requirements from what is typically mandated by local zoning regulations. Staff presented their analysis of the variance request and recommended approval, contingent upon specific conditions being met. The staff report indicated that the proposed variance met the necessary criteria for approval under the applicable zoning ordinances. The board discussed the merits of Foley's request, reviewing the staff recommendations and any relevant factors related to the setback reduction for the parking area. Following their deliberation, the board voted to approve the variance request for Barbara Foley. The approval was granted with the conditions outlined in the staff recommendation, allowing her to proceed with the additional paved parking at the reduced setback distance. The approved variance enables Foley to move forward with her parking improvements while maintaining compliance with the modified setback requirements as specified in the board's decision. ## Conditional Use Permit for Harmony Day Montessori School [timestamp: 50:00] The board reviewed application PLN-BOA-18-00064, a conditional use permit request from Harmony Day Montessori School to establish a pre-school program. Michelle Walker-Campbell served as a key speaker during the discussion of this agenda item. Staff presented their analysis of the proposed Montessori school and recommended approval of the conditional use permit, subject to specific conditions. The application sought authorization to operate a pre-school program at the designated location. During the discussion, board members reviewed the staff report and considered the merits of the application. The conditional use permit process allows the board to evaluate whether the proposed use is appropriate for the location and compatible with surrounding land uses. The board ultimately approved the conditional use permit for Harmony Day Montessori School. The approval included the conditions recommended by staff, which typically address operational requirements such as hours of operation, enrollment limits, parking provisions, and other measures designed to ensure the school operates in a manner consistent with community standards and zoning requirements. This approval allows Harmony Day Montessori School to move forward with establishing their pre-school program at the proposed location, subject to compliance with the specified conditions of approval. ## Conditional Use Permit for Frank's Donuts, LLC [timestamp: 60:00] The board considered application PLN-BOA-18-00057, a conditional use permit request from Frank's Donuts, LLC for a drive-through facility. Key speakers during the discussion included Antonio Gill Carranza and Jack Stewart. The applicant had submitted the conditional use permit application to operate a drive-through service at their proposed donut shop location. However, during the proceedings, it became apparent that there were unresolved concerns from the surrounding neighborhood regarding the proposed development. Rather than proceeding with the hearing, Frank's Donuts, LLC requested a continuance to allow additional time to address the neighborhood concerns that had been raised. The specific nature of these concerns was not detailed in the available materials, but the applicant indicated they wanted to work with community members to resolve any issues before moving forward with the permit process. The board agreed to postpone consideration of the conditional use permit application. This continuance will provide Frank's Donuts, LLC with the opportunity to engage with neighbors, address their concerns, and potentially modify their proposal if necessary before returning to the board for review. The postponement means the conditional use permit application will be rescheduled for a future meeting date, allowing the applicant time to conduct additional community outreach and make any necessary adjustments to their drive-through facility plans based on neighborhood feedback. ## Conditional Use Permit for Veronica Joseph [timestamp: 70:00] The Board of Adjustment reviewed application PLN-BOA-18-00060, a conditional use permit request from Veronica Joseph to operate a family childcare facility for up to 12 children. **Applicant Presentation** Veronica Joseph presented her request to establish the childcare operation. The specific details of her presentation regarding the proposed facility location, hours of operation, and childcare services were discussed during the meeting. **Staff Recommendation** Steve Wides provided the staff analysis and recommendation. Staff recommended approval of the conditional use permit, subject to specific conditions that would govern the operation of the family childcare facility. **Board Discussion** The Board of Adjustment reviewed the application materials and staff report. The discussion covered the proposed childcare operation's compliance with zoning requirements and any potential impacts on the surrounding neighborhood. **Decision** The Board of Adjustment approved the conditional use permit for Veronica Joseph's family childcare operation. The approval allows her to operate a facility serving up to 12 children, subject to the conditions outlined in the staff recommendation. The approved permit enables Joseph to move forward with establishing her family childcare business in accordance with the specified operational parameters and regulatory requirements. ## Conditional Use Permit for Element Design [timestamp: 80:00] The board reviewed application PLN-BOA-18-00063, a conditional use permit request from Element Design to construct a parking lot. Katerina Molina served as the key speaker for this agenda item. Staff presented their analysis of the Element Design proposal and recommended approval of the conditional use permit with specific conditions attached. The discussion focused on the technical and regulatory aspects of the proposed parking lot construction project. Following the staff presentation and board discussion, the conditional use permit for Element Design was approved. The approval included the conditions recommended by staff as part of their favorable recommendation. The board's decision allows Element Design to proceed with their parking lot construction project under the terms and conditions established through the conditional use permit process. --- ## Decisions - **PLN-BOA-18-00056** — passed (6-0): Variance for Sara Headley to reduce front and side setbacks for additional paved parking - **PLN-BOA-18-00061** — passed (7-0): Conditional use permit for Eric and Nancy Stelter to operate a home-based business (individual piano lessons) - **PLN-BOA-18-00062** — passed (7-0): Conditional use permit for Nishann Sandhu to operate a home-based business (health coaching) - **PLN-BOA-18-00059** — passed (7-0): Variance for Barbara Foley to reduce the required setback for additional paved parking - **PLN-BOA-18-00064** — passed (7-0): Conditional use permit for Harmony Day Montessori School to establish a pre-school program - **PLN-BOA-18-00057** — postponed (7-0): Conditional use permit for Frank's Donuts, LLC for a drive-through facility - **PLN-BOA-18-00060** — passed (7-0): Conditional use permit for Veronica Joseph to operate a family childcare for up to 12 children - **PLN-BOA-18-00063** — passed (7-0): Conditional use permit for Element Design to construct a parking lot --- ## Full transcript The interstate is today, but you can see that this is what I love down here. Tate's Creek Ferry, Jack's Creek Ferry, and that's really the only ones I see up through here. Lots of toll...you were telling a little story about how the toll houses are getting robbed or something. Right, yeah. I mean, as you go through and do research in our old newspapers, a lot of times you'll see different articles, and you'll see quite a few articles about toll houses being robbed. All right, let's rummage a little bit more and then we'll be done here. Because, you know, you see this one a lot. I do, anyway. Any derivation of this? Published by somebody, Palmetary. But I just always liked the look of this. This was like something that would have been in London, not here. I don't know. That's enough. We're good. Thank you for showing us, Timmy. Oh, you're very welcome. I love... 2018 Board of Adjustment meeting. What we're going to do is I'm going to do some housekeeping items first. So if you would, turn your cell phone off or put it on silent so it doesn't ring during the hearings. Anyone who wants to speak on any matters on the agenda today, what will happen is later you'll come up to the podium and give your name on each application you want to speak on. But if you do want to speak today, please stand. I'm going to square you in. So if you plan on coming to the podium today to speak either in favor or against the project. Okay. Please raise your right hand. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? Thank you. I looked over the agenda today, and it appears that it is mostly, I think everything is recommended for approval by the staff. Is that correct? Okay. So in that instance, what we'll do is I will call up each case in a few minutes, let the applicant stand to make sure they're present. And then anyone who wants to comment on that application, I'll ask you to stand also. We'll go through the entire agenda. Cases in which there is opposition, there will be an opportunity between that time and the time the case is called if you go in the hallway. Sometimes if you're just curious about what the project's going to look like, you just want to have more information, sometimes you and the applicant can kind of work through those issues before the case is called, so you will have that opportunity. I will occasionally, if there are a lot of speakers, I will limit discussion at a time limit between the applicant, dividing time between the applicant and also anyone in opposition. Do not speak unless you are recognized by the chair. I do not approach our board unless you are asked to approach the board. Are there any letters today in support or opposition to the files? Yes. For PLN BOA 18-56, Sarah Headley, we have one letter of support. Okay. For 18-59, Barbara Foley, we have one support letter. BOA 18-57, Franks Donuts, we have several letters in opposition. Plan 18-60, Veronica Joseph, we have some letters. We have support letters for 18-61, Eric and Nancy Stelter. For 18-62, Nishan Sandhu, we have some support letters, and that is all. Okay, thank you. So what we'll do on the matters in which there are letters and support, Before we start the actual application, we'll have a few minutes just for us to read each of those letters. It only takes a couple minutes if there aren't that many. And with all that, I will now call items. So the first thing we're going to do is the approval of the minutes from last month's hearing. Those were circulated by staff, and the board has had opportunity to review those. Is there any discussion? If not, the chair will entertain a motion. Move approval. Thank you, Mr. Clark. Second. I have a second for Mr. Glover. Please register your votes on the screen. All right. Passes. on the next item I will go through is like I said I will go through sounding of the agenda before I do that are there any matters in which anyone would like a postponement till the next month's hearing or withdrawal okay so the first item up on is a variance appeal It is for PLNBOA 18-56, Sarah Headley. Is the applicant present? Sir? Is there anyone here in opposition to PLNBOA 18-56 regarding 908 Shinaway Court? Okay, perfect. Well, there's no opposition. We'll call you up in a minute once I go through the agenda. The second variance appeal is PLMBOA 18-59, Barbara Foley at 4005 Elora Lane. Is the applicant present? PLMBOA 18-59, Barbara Foley. We have heard that she is on her way. She's running a little bit late and a little bit lost, so she will hopefully be here shortly. I'll mark that as late and lost. All right. Next item is a conditional use appeal, and that's PLM BOA 18-57, Frank's Donuts LLC. Is the applicant present? Sir? All right. Is there anyone here who wants to speak on the Frank's Donut matter? Two? All right. One? Just raise your hands if you want to speak. Okay. Do you guys think it would be beneficial to go in the hallway and speak with the applicant? Okay. Well, in that case, we'll have it to be heard. The next item is another conditional use appeal, Veronica Joseph, PLNBOA 18-60, and that's 1205 Octavia Lane. Circle, I mean. Is the applicant present? Thank you, ma'am. Is there one here in opposition or wants to speak to that matter? Do you think it would be beneficial to speak with the applicant out in the hallway? Okay, then we'll mark that to be heard. The next one is PLNBOA 18-61, Erica and Nancy Stelter at 606 Ginger Mill Lanes. The applicant present? Thank you. Is there anyone here who wants to speak on that matter? And did we have letters in opposition or just support for that one? Just support for that one. Okay. Then we'll put you on the quick dockets. You'll be the second case called. The next item is PLN BOA 18-62, Nishan Sandhu. Did I do that right? Or close enough? Yeah. And that is a conditional use permit for 457 Silver Maple Way. Does anyone here like to speak on that matter? In the letters, were they all in support? Okay. You will be the third case called. The next item is PLNBOA 1863 Element Design at 2405 Great Stone Point. Is the applicant present? Which one's applicant? Okay. Anyone here want to speak on that matter? Okay. You guys think it'd be beneficial to talk in the hallway before the hearing? Okay. Well, then if the applicant wants to step out in the hallway, talk with the lady and gentleman, maybe you guys can work something out before we have the hearing. So I think the applicant's going to go in the hallway if you want to ask questions. or the last item I have on the case is PLN BOE 1864 Harmony Day Montessori School at 2885 Rio Doza Drive. Is the applicant present? This is Harmony Day Montessori School. Ms. Jones, I guess I'll just wait and maybe give them time. You could come back to it after you do the no opposition, see if there's running light. maybe it is possible that that's the one that we've heard is late we've got sort of a we're not really sure what they're talking about kind of situation okay well maybe they'll find each other and they'll both show up yeah okay you like that yeah okay so the first case is unopposed and it is plm boa 1856 sarah heedley at 908 shinaway court the applicant please come forward Good afternoon. Please state your name for the record. My name is Duval Headly. I'm the son of Sally Headley whose house it is. She is almost 80 and she has issues with mobility. Okay. So I'm down here speaking on her behalf. Gotcha. Have you had a chance to see the staff's report? I believe so, yes. The staff has recommended approval based upon one condition? Yes. Okay, and your mother's agreeable to that condition? Yes. Okay. Does anyone on the board have any questions for Mr. Headley? we're hearing no questions or discussions um i will entertain a motion i have questions for staff there we go i'm curious why this was uh recommended for approval we've we've had several applications in the past where people have are people come to us and ask for forgiveness and we've denied several of those and this looks similar to me so what's what's different about this one this is a similar case and we've had we've had several that have been disapproved and we've had a couple that have been approved just depending on the the different circumstances um here the area that that is out of compliance is is pretty small um and given the the concerns that the applicant has regarding the health and mobility issues um those were the main reasons that we recommended approval on this one well there was a there was an applicant about two months ago that had done the same thing over it was over near uk one of the streets at border i think the football field or something and club yeah yeah and we denied that application and the staff had recommended against it i didn't see any substantive or legal differences between this application and the one that we denied the extent of the paving in that previous application was was pretty great in comparison to the overall size of the front yard that project was also in the infill and redevelopment area which has significantly different requirements for paving okay thank you so just for clarification it looks like they had permitted for 240 square feet but it actually ended up being 320 correct okay any additional comments or questions All right. Hearing none, I will entertain a motion. It looks like Mr. Glover is having issues with his... I can't sign in. I don't know why. You were signed in previously, right? I was. Yeah, I was, and I minimized it. I came back to it. Hit. I'll try. Can you cancel out and reboot it? Yeah. Well, in either case, we can still hear a motion one way or the other. Mr. Chair, I will move approval for PLN BOA 1856, Sarah Headley, requesting a variance to reduce the required front setback from 10 feet to 0 feet and the required side setback 4 feet to 2.5 feet for additional paving parking in a single family residential at 908 chenui court based on the staff's recommendation and the condition that's listed so move thank you mr clark a second second the motion miss whitman seconds um please vote Mr. Glover will need to make a verbal vote. And then if we could get someone from IT or the clerk's office to help with this technical issue. I did that. Mr. Clark, are you voting? I'm sorry. And then Mr. Glover, would you? Mr. Glover, please mark it. He's abstained. Motion carries. We're good? Yes, we're good. Have a good day. Thank you, ladies and gentlemen. And we've got, what, 30 days, and it's just basically a map showing what it actually is, and we turn that into the city. You'll need to speak with the folks in building inspection. They're on the second floor in the Phoenix building. They're the ones who issued the original paving permit. You'll just need to give them a new plan showing what's been completed. The guy that'll be drawing the plans is sitting back here. yeah okay i just want to make sure he knows what he sure okay ladies gentlemen thank you so much my mom appreciates yeah the next item to in which there was no opposition was plm boa 18-61 eric and nancy stutler and i believe there are letters in support would the applicant please come forward The rest of us are all in. Hello. We're going to look at these letters, but in the meantime, I'm going to ask you a couple questions. Please state your names for the record. Eric Stelter. Nancy Stelter. Good afternoon, Mr. Stelter. The staff has recommended approval, and that is based upon three conditions. Have you had an opportunity to review those conditions? Yes, we have. Are you in agreement with those? Yes. Okay. In that case, stay in still for a second. We'll look at these letters. In the meantime, if anyone has any questions for the applicant, you may proceed with any questions you may have or comments. I had a question for staff. Article 310 states, I guess there's A through H. I was wondering on G, it says on-site sales or visits to the home by customers, clients, patrons, and the general public are not allowed. That is for a home occupation, for a home-based business. It references some of the requirements for the home occupation, but I believe that one is not included. What triggers it as a home occupation is the having people come to the home. Home occupation, okay. And this is as opposed to a home-based business? This is a home-based business. Okay, just thank you for clarifying that. Was this a complaint-based application or are they new to the House? It would be a new business. Okay. We're reasonably new to the House. Okay. Do you take beginners? Absolutely. So in this case, there were only two letters. Anyone have any questions or comments? Hearing none, I will entertain a motion. I move we approve PLN BOA 16-61, Eric and Nancy Stetler's request for a conditional use permit to operate a home-based business, individual piano lessons in a single-family residential R1D zone at 606 Ginger Mill Lane as recommended by the staff and subject to three conditions outlined by staff. Thank you, Ms. Meyer. Do I have a second? Second. Mr. Glover seconds. Please register your vote when it appears. Mr. Glover, what is your vote? I'm in favor. Please mark Mr. Glover as in favor. Motion passes. Good luck with your new project. Thank you. The next case in which there is no opposition is PLM BOA 18-62 Nishan Sandhu, and that is for a conditional use permit at 457 Silver Maple Way. If you want to come up, ma'am. Please state your name for the record. Nishan Sundhu. Hey, I was pretty good. Close. The staff has recommended approval today, and they've based that approval on what appears to be three conditions. Have you had an opportunity to look at those conditions? Yes. And are you in agreement to abide by those? Yeah. Okay. Does anyone have any questions for the applicant? I would like to ask if the Sandu would explain a little bit in detail of what your business is and what you intend to do. You could explain that to us, please. Yeah, yeah, sure. So I'm a holistic health coach and I'll just have a couple clients coming in a week, maybe for where people come in and I consult with them about their health and wellness. And how extensive are these sessions? How long do they last? Yeah, anywhere from 60 to 90 minutes. Okay. Okay. Thank you. Any additional questions, comments? Anyone need life coaching? Do you take beginners? Yeah. Well, hearing none, the chair will entertain a motion. Okay. I move. We approve PLN BOA 18-62. Nishan Sandu's request for a conditional use permit to operate a home-based business, health coaching, in a planned neighborhood residential R3 zone within the defined infill and redevelopment area at 457 Silver Maple Way. based on staff's two reasons and subject to the three conditions outlined by staff. Do I have a second? A second. We have a first and a second. Please register your votes. All right, Mr. Glover appears to be fixed. Motion passes. Good luck. Thanks. Thank you. Okay, that is all the matters that are listed to not be heard. I think that some people have come in a little bit late. Is one Barbara Foley? Seven. Okay. I noted no one was here in opposition, so come on up to the podium. This case is PLN BOA 18-59, Barbara Foley. There is one letter in support. Is there anyone here who wants to speak on this application? Ms. Foley, please state your name for the record. Barbara Foley. And would you raise your right hand? Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? Yes. Okay. Okay. Staff has recommended approval of your application subject to one condition. Have you seen that condition? Yes, sir. And are you agreeable to abide by that condition? Yes. Okay. Give us a couple seconds. We have one letter in support. We're going to read before we take a vote. Okay. Is there anyone here who wants to discuss with the applicant or staff this application? I have a question. The staff report notes that there was a site plan which showed a fully compliant paved area with a setback at six feet at a diagonal, but somehow that diagonal didn't happen. So could you tell us what occurred? It was miscommunication and total ignorance on my part for not being present when the work was done. so not understanding exactly where your property line is and where it isn't it's the first time we've ever done anything like this at our home so we're learning it as we go I'm not sure this if this question is for the staff or Miss Foley but I was having a hard time finding something on Google map that actually listed the residents of Elora Lane. It used to be called Prince Albert. Okay, that's what I saw, Prince Albert. And they've changed the name to Elora Lane. Okay, it's on the corner of Prince Albert and... Victorian Way. Okay. Is there a drawing? Yeah, that's what I was going to ask I don't I don't see a drawing that gives us the information that I normally see a drawing of the driveway or of the where the property is of the driveway with the paving yes we've got a site plan we're putting up we also have a photo if that would help yeah I think so was the the survey we I mean a subdivision plant we have makes it hard for us to tell what's going on. We're hoping to eventually, we have gotten approval to have the light pole moved and make it a full driveway. But we have to pay for that ourselves and it's very expensive. So in the meantime, we're just trying to get our vehicle off the road because our road has opened up into a new neighborhood and it's increased the traffic tremendously. And we've already had our mailbox destroyed and also our neighbor directly across the street had one of their vehicles hit and run. So that was the motivation for us even doing the driveway. And we're in hopes that eventually we can get the light pole moved, but right now we can't afford it. So what's the area that's out of compliance? Could you show us that? Behind the sidewalk where you see the old sidewalk, It's a diagonal from that point to the little shaded triangle at the bottom near the sidewalk. The two shaded triangles are both out of compliance. The smaller shaded triangle is actually in the right-of-way, but traffic engineering has indicated that they don't have an issue with it remaining. And then the larger triangle is that diagonal that we talk about. Ann. Now, you're aware if you want to widen the apron, you'll need to get approval before you do that. Right, I did. I've already spoken to someone that said they would approve it. He's already said that he would write a letter to Kentucky Utilities, and they will move the poll for us. It's just that it's going to cost quite a bit of money, and we have to pay for that ourselves. graphic engineering is is who she has spoken to and have indicated that they would be okay with it it would perhaps still require an additional variance from this board that's what I was trying to let you know you may have to apply with the same board before you may want to get the approval or you before you move the poll but definitely before you do the work next time correct since now you're aware of this issue thank you yeah I would just make that same recommend that you want to make sure you get that approval through us first because we have not approved those additional driveway expansions. And that would probably be more on a traffic issue based on the traffic that's happening there in front. So, yeah, do that first. OK. So basically, they're using the sidewalk as a driveway. Mm-hm. Could we see the actual photo again of the property, please? We have a one-car garage, and we have three vehicles. So if we remove that triangle, it will be difficult if someone is already in the driveway to maneuver the vehicle around it. It would be very helpful if we can keep it the way it is. It makes it easier for us to get in and out because we just have one apron. Could I just ask, how many other driveways have been expanded in this area? In this area, there is a fair amount of diversity as far as driveways. In this portion of the neighborhood, I would say that there are many single drives. But the newer subdivision that has been constructed, there are some wider drives. So it's kind of all over the board, I guess. Okay. At the end of our street is the new neighborhood, and all of those homes have two car garages, so they have two driveways. And we just live in the older section, so. That's what I wanted to ask. That's basically what I wanted to ask. Two car garages are automatic. This is a problem for the city. is a laura um is that a fairly narrow street i mean what i mean do you have a sense of i tried to google earth dead in it it was hard to tell are you asking me oh i don't have a measure i have a measurement okay Because most of the homes in the older section are one-car driveways, we have a lot of parking on the roads. But the end of Elora Lane, or Prince Albert as it was before, there was a horse farm. And they sold that, and they opened it up, and they put a new subdivision there that connects to South Point, that connects to Brandon Crossing. So this is like an easy way to get out of traffic to go on our street now, and it's increased the traffic flow tremendously. And at high rates of speed, too. People fly down that road. So we're just trying to prevent an accident from one of our vehicles and from anyone else. Mr. Chair, I'd like to make a comment. I'm going to vote for this because I think it represents a problem that we have citywide. So many of our new houses have two-car garages, and the houses are planned, the driveways are planned. But most of our older houses have only one-car garages, and most of the people who live in those houses have two cars and maybe three. So I think this is a citywide problem that probably needs to be addressed some it someplace other than this this body But I think it's something we need to look at as a city as a whole So anyway, I just want to make those comments for the record. Thank you. Thank you. Mr. Clark Miss Foley. How long have you lived in this home? We've lived there 24 years okay, it's the home's 47 years old. Oh, no, I know I I had a good friend who lived around the corner on Winnipeg Court for a long time. So I've spent many an after school. My parents owned it before I did. So I bought it from my parents, but we've lived there for probably 24 years. Okay. But the street situation is the neighborhood has, the new neighborhood's only been there probably for a year now. Is what motivated us to do this now. Plus it was expensive and we had to save for it. You know, I'll make my comments. I'm inclined to probably accept this and it looks like you did make the effort to make the angle. You know, just coming straight out had the pole not been there. You might have done that and that would have been an issue. We were told that we had to be three feet from the light pole is why the apron is angled like that. Yeah, and the recommended way would have been to angle it just just a little farther back. So you know, I'm inclined to probably just accept it. Thank you. Any more discussion or comments? Hearing none, I will entertain a motion. I move that we approve PLN BOA 18-59 Barbara Foley's request for a variance to reduce the required setback for additional paved parking from 6 feet to 0 feet in a single-family residential R1D zone at 4005 of Laura Lane for reasons recommended by the staff and subject to the one condition. Thank you. Second. We have a first and a second. Any discussion? Please register your votes. Your application has passed. Once again, I want to remind you, at this point, you've come before the board asking for forgiveness. If you want to get your apron wider, make sure you get our approval before you proceed with construction. Thank you. Thank you. Thank you. Okay, I'm curious whether anyone from Harmony Day Montessori School has come. Harmony Day Montessori School. All right, we'll just keep it at the bottom of the docket still. Okay, so now we will call the matters in which there is opposition. And we're going to start with conditional use appeals, which is a PLMBOA 1857 Frank's Donuts LLC. Is the applicant present? All right. We do have several letters on this one. You may want to take a couple minutes. Then give us a chance to come on up to the podium but give us a chance to look at these letters. While we're looking at the letters, I'll do a couple house cleaning items. Please state your name for the record. Antonio Gil Carranza. What's that last name? Carranza. Carranza? Yes, sir. Okay. Okay. Staff has recommended approval today, and they've recommended approval. They've issued a report in which they want three conditions placed on the approval. Have you seen those? Yes, yes. Okay. Come on up, Mr. Stewart. Jack Stewart, Stewart Architecture. Mr. Stewart, so your client has seen those conditions? Yes, we reviewed them. Okay. And he agrees to abide by them? Yes. Okay. and would you say you do sir yes okay perfect well um if you want why don't you go ahead and start since there is going to be in there i recall there's someone here who wants to speak in opposition today one two okay so i think the owner has something to tell you right now that's what i'm saying if you guys want to proceed with kind of your presentation we'll look at these letters while you're starting the only thing i wanted to ask of the board to see if we can't get the media for us to get approved or decline until next month we're still reaching out to the organizations that are in the community to maybe uh go over any issues they might have with us having to drive through there at the building i have reached out to the east end community development corporation i've talked to them briefly about what they feel would work out better for it and I would still like to reach out to the homeowners of association and other organization that's in the community that to address what the problems are with what they feel the problems are with us having to drive through well so you're asking for a post one month postponement yes yeah okay let me anyone on the board have any concerns before I ask the opposition if they have concerns about a postponement? Okay. We'll have a seat for a second. Let's let the two ladies who want to speak in opposition. Right now the applicant has asked for a postponement to our next month's meeting which would be October the 8th My name is Amy Clark, and as a member of the Fayette County Neighborhood Council Board, I am speaking in support of one of our member neighborhood associations, the East End Community Development Corporation. I first want to ask, what's at issue now is a postponement, right? Correct. This is not the testimony about other things. That's correct. I really need a lot of clarification. I will say first that Mrs. Mallory met with the owner the other day. And what she reported to me about that, she was very encouraged. She said it was a very friendly meeting and very helpful. But what she reported was that the owner was going to request withdrawal of the application. And she was very pleased by that. She hasn't, in the course of the day, had an update on that. A postponement and a withdrawal are quite different. We would all certainly support a withdrawal. There's a further question about whether this is a continuance or a de novo hearing of some kind. was a motion to approve that failed to pass. Was this here, was this before us last? This was continued from last month. Okay, so that was, okay, so we're, so we need essentially to continue it again or could we postpone it? We need to continue. I was not aware that this was before us or I did not. was discussion last month and then I think because there were several questions still hanging out there there was a motion to continue so then to the extent that you don't want to go back and rehash where you started then it would be a continuance if you postpone it you potentially could go back to everything you heard before again okay so it sounds like mr stewart you got a comment real fast miss Clark you could just stay for a second we'll have you back up I think last month we were blindsided a little bit about the neighborhood groups and folks that we had not been aware that we should have approached perhaps so without that forthcoming we have had some communication as you just heard. But now appreciate the staff's approval. I think it's a very positive thing. This is an effort to really make a good business better and I feel strongly that it can be approved. So now Tony is very considerate that he can yet go to the neighborhood groups and talk with them in addition to the development groups and put some hands together and make this thing work. So I think now postponement yet from now would have give him a chance and everyone else to be involved to sort this through and then bring it back for an up or down for doing this. Okay. Well, I would think that given the time period between last month's hearing and if we were to hear it next month, what's the board think? Whether we should have a postponement and essentially have a rehearing of what was given? i wasn't sure i was not here last month so i don't know how much testimony was given whether the opposition even had an opportunity to present that's postponing because we had such a small board anyway and we did have so many questions and concerns and it wasn't going well so right i would suggest postponement and we didn't have an extensive amount of we did we did not it was more questioned than testimony so i i you know if If they feel like they didn't have enough time to reach out, then I would be fine with that. I mean, it has been a month. I think there is opposition on their behalf. I think it's probably a good thing for them to do. But the neighborhood is here. And Ms. Jones, would there be an issue for if we were to move to postpone, and I'm going have the opposition speak still but if we were to move to a postponement we would essentially the applicant would represent their case and give that neighborhood the opportunity if they so chose to re-represent their uh present their opposition uh that's correct if you choose to postpone you i mean that's what would happen and you have the option to do that just so it's clear for the record i mean the proper notice went out last month so you know whether or not there was opposition here or not i just want it to be clear in the record that the notification went out so you know you take that for what it's worth but there was notification of the hearing when it went out last month so in other words what i'm saying is for someone to say i didn't know about it and and you know when it came up last month or if that were to happen our answer to that would be that the proper notice went out but you can still postpone it doesn't that's up to you all Okay. All right. Ms. Clark, we're still entertaining. You're the lawyer. I really have a question about process here. If a case was heard and a motion was made to approve and the motion failed to pass, and then, as happened, a recess was called for the purpose of preparing a motion for denial, and then when the board reconvened there was a motion on the table to continue now we're you are entertaining a postponement does that mean a de novo hearing can one postpone hearing where a motion has been where for example we had one months ago that I happened to be present for I don't believe I was involved where the board made a motion and denied an application and then the applicant said well let's talk it over should there be a withdrawal should there be a fresh application we're at your mercy because neighborhood associations really can't well present their case if they don't know the rules I don't think we I don't recall last month that we had any substantive discussion about the merits of the case I think the case was called and in my recollection I don't have the minutes in front of me but I thought the the matter was simply postponed to this month so as a as a procedural matter well i don't i don't know what went on because there was a motion there was um a recess called and when it came back i'm sorry i'm sorry we actually it did appear remember we made the motion and it appeared that it was not going to pass or it was voted down and then we were going to recess to talk about findings because then we would have to make a motion of denial but we did not have enough information we still had questions or concerns before we were able to find findings and then that's when it was a little bit of a i don't have i thought we had but i don't i don't have the august minutes in front of me i i've got the july minutes that's that miss whitman and i have signed since i wasn't here last month Ms. Jones, would it? Well, I don't have the minutes in front of me either, but as a practical matter, if the staff's recommendation was, well, if there was a vote and you didn't have findings to support what was going to be a subsequent vote, and in the course of that discussion, it was determined that you really didn't have enough information or information you felt comfortable with to make findings at all for another vote, and you continued the hearing at the request of the applicant or on your own so that you could get more information to answer those questions. I don't know if you specifically moved. I can't recall if it was a motion to postpone or a motion to continue. That being said, obviously, it was whatever action you took brought it back today. So now we're here today. and so there's not going to be a withdrawal because a withdrawal will take it out of your purview completely and so at this point the applicant is saying he'd like for it to go another month for there to be further discussion it's up to you all as to whether or not you want to continue it or you want to postpone it if you want to postpone it you can do that and then whatever changes or whatever comes back next month They'll just come back next month, and you'll hear about all of it. That may happen anyway if a lot of changes are discussed with the neighborhood made. But either way, you all have the prerogative to put it back on next month, and it doesn't require to be withdrawn first. Okay. So essentially we had postponed it. Actually, procedurally, my memory has been refreshed by the minutes from August. 13th. I do recall now that we did have some discussion of this, and we continued the case to today. So we did have some substance. I was in error earlier. We did have some substantive discussions of this, and we continued this case till today. So that being said, I'm not sure we can postpone it because we'd already started. If we want to hear this next month, instead of this month, we'd have to continue it again. And that's what I understand the applicant to be asking for is a continuance of another month just to make the records straight procedurally. Well, I think a continuance might be preferable, and I think it doesn't preclude them coming to you next month with some new information. That happens all the time. Right, yeah. Well, I'd like, if you can explain to me the difference between a continuance and a postponement. And as I understand it, a postponement is if we have not taken up the matter, and a continuance is simply a continuation of a hearing of a matter that we've already taken up. and it looks like from the minutes that we did take this up last month, and we continued it to this month. So it's on the continuation docket. I think that's true, and this may be somewhat helpful. Typically, you get motions for postponements at the beginning of the hearing. You know, for example, somebody's not ready, something's come up that they didn't anticipate, they had a neighborhood meeting or something that didn't go very well or that's going to require them to make some changes. and usually those come to you right off the bat at the very beginning with no discussion whatsoever typically that's when you hear a postponement motion i'm not going to say you never entertain them or hear them at any other time but i think it would be a better course to continue this because that's what you did last time if that's what the minutes reflect does this preclude the applicant having presenting any information whatsoever basically the With the continuance, can the applicants start all over again if they desire? Well, I think in this instance, I don't think there's a clear, bright line on that. In this case, it sounds like you may have to get a lot of new information if there's ongoing discussions with the neighborhood to update everybody as to what's occurred and what those discussions have been. So I don't think there's going to be a preclusion issue. In that case, I think a continuance is perfectly acceptable. And I would, you know, I should be here for that hearing, and I would expect to hear the neighbors and the neighborhood council be allowed to give their additional testimony based upon what will have occurred over the next 30 days. So what we're looking at is a continuance of this case once again until next month, and then for you, Ms. Clark, and anyone else to come back and then once again be able to present your case if it cannot be worked out over the next 30 days. I see. Just one point of clarification. Who votes on a continuance or even the continuance of a continuance? There were members who were and weren't here. And another question, there was apparently some deliberation or information that passed in closed session. We don't have access to that. I don't think there was a closed session last month. There was a recess called, and when the board came back, the resolve that they had, the motion, was different from what the recess was called to prepare a motion for denial with findings of fact. Something else happened during the recess, apparently, because that's not what happened. Well, possibly to memorialize that information or? It may be. I'm at loss really. That, and we go through this frequently. It may be that the person that was thinking they were going to make the motion to disapprove or deny this had a question about how to do those findings. in the course of saying I don't really have enough information to do that, that motion turned into a motion to postpone. That happens as well sometimes. There was no board, and I think that's what happened. There was no board meeting of the members during the recess, and a recess, while it can be said we're going to take a recess, It's not necessarily, there's not going to be, it's not the same thing as a closed session, and there was no, a closed session requires some kind of meeting of all the board members together discussing matters that are provided for in closed session, and that's not what happened. Well, thank you for allowing me to get some clarity on the process, past and future. Thank you. Thank you. Any more discussions on the continuance? We're hearing none. I will entertain a motion. Mr. Chair. Yes. one of the other um opposing parties may still wish to speak okay just wait till the next time okay will you be able to make it next month yes okay i apologize for the delay but we'll give we'll give you and miss clark ample opportunity to uh speak next month thank you for considering this at length and thank you for supporting um any collaboration between the applicant and the the neighbors. Thank you. Okay. Mr. Chair, I move that we continue PLN BOA 18-57 Frank's Donuts LLC until the October meeting. Thank you, Mr. Glover. Do I have a second? Thank you, Ms. Whitman. From staff, I would ask, is there any way for you to send the video from last month's the portion um the video is available on the lfucg website okay just go back and look at it because i would like to see if i'm going to hear it it should be available there um usually when i get to it i just i think i google lexington gtv3 and it pops up with oh no i know the channel yeah okay so anyone who was not present next month who will be present this coming month you're able to look at last month's tape if you want to see catch yourself up on this matter Okay, the next item. Oh, sorry. Mr. Glover, there we go. The old dogs finally got in their racks together. Okay, so that continuance motion passes. We'll hear this motion next month. The next item on the, oh, once again, Harmony Day Montessori. school? All right. Okay. Are you, are you with the applicant? Okay. Then we'll just, I'll just keep waiting it down at the very bottom. You just keep sitting tight, but at least I know someone is on their way. All right. Perfect. Um, so the next matter for hearing is PLNBOA 18-60 Veronica Joseph's and it's 1205 Octavian Circle. I do see we have a letter or two and then I believe we had some opposition. Yes ma'am. Okay. So first off if you wouldn't mind put your name on the record. For the record Steve Whitey is attorney here in Lexington for and on behalf of Veronica Joseph. Good afternoon. Staff has recommended approval based upon four conditions as your client had opportunity to see those? She has reviewed them. She has no objection to any of the requests. Okay, thank you. How many letters do we have? Just a couple? You want? Okay. Give us a couple minutes and then since they're, ma'am? I just want to make sure. Some people did emails and they sent me their letters and they sent me their letters and they sent me their letters. And another gentleman sent one and I don't testify that she does. Okay. So what we'll do, if you don't mind, come on up to the desk here of staff. You can give them those letters, and they will take them to be marked into the record. And if you ladies just want to have a seat in one of these first few rows, I'll let you have an opportunity to speak in a minute. Give us two or three minutes to read these letters if you guys want to have a seat also. Thank you. Okay, I'll have the application. applicant come back up at this time if you want it's probably best if you guys give us a short description of your plans I noted that several of the letters and opposition mainly focused on traffic issues with the additional cars coming into the cul-de-sac and also the ability of a home of I guess a little or a thousand square feet ground level to accommodate this many children. So with that being said, present. Ladies and gentlemen, briefly on behalf of Veronica, her family, what I'll tell you is what she's seeking and I want to clarify one thing. Although she's rated for up to 12 children, that does include the four of her own. She is truly a Brady Bunch family. There is his, hers and now there too so those four count as part of the total number at any one time so we're talking about eight additional children what i also wanted to tell this this venue is that and she can tell you for herself this is one of the vacancies in our city that's created a real problem with two member working families with small children trying to find appropriate daycare the availability well she'll tell you what the waiting lists are she has many years i think annabelle is 10 she's eight eight yeah and uh jasmine is just two months so she's very familiar with looking for daycare not just the financial ability to afford it but the availability of openings with almost a one to two year delay depending on who you're looking for and where you're looking she's a very experienced mom as well as perfect former professional former teacher both here and in new york um she also has one additional she she's dotted all of her eyes and one of the additional activities that she's looked at that's really critical to young families with two working parents and that is getting some of these children to and from preschool or what their requirements having to be at work at a certain time she is also already completed all of the CDL requirements in anticipation of being able to provide that transportation to and from she is within minutes of three schools for County Mill Creek and I think she can speak more specifically on why she's requesting it your specific concern about the traffic and her cul-de-sac and I'll let her also testify about the setup and whatnot of her home. Hello thank you for letting me be here. As you mentioned I do have four children. I have four children currently. I just had two within the last year and a half and my husband and I are both licensed forced parents as well and we were going to adopt but then we had two miracles come in the last year and a half with that said I've contacted about 20 daycares in and around 40517 most if not all are full including one less than 500 feet from my house they're full my daughter has I also have an eight-year-old she tends Tate's elementary there was a one-year waiting list for their after-school program so she sat out for one year and she just got in to the after-school program there because they have a limit and also we have a three-year-old she is partially deaf and receives services so to get her into a daycare on top of all of that has been really a big whirlwind so my husband mentioned and said why don't you open a daycare here you know and I do have my teaching license in Kentucky I stopped for Fayette County for the last eight years and I teach primarily in the schools and in around my zip code and getting to work on time has been pretty difficult. I have not taught this school year and I have about 50 messages because they're in daily coverage. So I can't make it there without proper daycare and both my husband and I working. The home in itself, our backyard has been measured. I've been assigned a coach from the state for the daycare who is Darlene Kessler. She's not here at the moment. And before I even proceeded with this, I had them come to the home to see if I would even be qualified to open a daycare. And they do a measurement of 25 square foot per child. And my home exceeds that amount, including the backyard. And it's all fenced in as well. So it's already been pre-approved by the state for opening a daycare. So with that said, the age groups that I plan on taking in would account for ages 0 mainly to age 4. And it wouldn't include kids going running out in the street or anything like that. We do have a driveway that accommodates up to four vehicles off street. and I do currently have my CDL as well as own a van and will purchase a minibus to transport children to and from because I still will need to pick up my 3-year-old who is only in school half day. And with that said, I also mentioned that to Tate's Creed and they would be so happy because a lot of their preschool kids get out half day and their parents don't have daycare, including the teacher who has a three-year-old as well. I'd like to mention for the board, because I asked staff a few minutes ago, if you recall, it was about a year ago or less, there was a text amendment in which daycares for up to six children were an accessory use. Correct, for up to six children. They did not have to come before us unless they wanted over six, because we were having so many. We were having one of these once a month almost, so there has been some changes to that. I would like to discuss two things. It wasn't specific in the letters, but tell me about the hours of operation, because I'm concerned that 5 a.m., to be honest with you, I'm sleeping, and the idea of people coming and shutting their car doors next to my house and then once again also going until midnight, similar thing, parents coming in out of your driveway early morning and late in the evening. Could you speak to why you need such a breadth of hours and also what your anticipation is for the amount of children and parents utilizing your services in the early morning and the late evening? How the application for the daycare works, they only have three options for your hours. They have a traditional hours, which will be typically 8 to about 5. If you go anywhere outside of those hours, they would pretty much put it between the earliest morning up until 12 a.m., which would be nontraditional hours. Or the only other option is if you place it, you're open 24-7. So on my application here, it had to match and reflect what I would be submitting to for the daycare license itself. So if I don't put those hours in itself on the zoning, then they won't allow me to have any other nontraditional hours. So I really would like it to be open until 7 and open from 6.30 to 7. But if I don't, I have to, it would be open on paper that time. But in my sessions, it would only be 6.30 to 7, if that makes sense. Because I only could put 24-7, which I don't want to do, or I could just put traditional hours, which I don't want to do, which is 8 to 5. I want to do between 6.30 and 7, if that makes sense, 6.30 a.m. to 7. But on the daycare license itself, those are not an option. You have to place the traditional hours or 24-7 or the nontraditional hours. Legal or staff, any comments to that? Because I had not heard that before. I don't know anything about what the state daycare requires. I do know that we've limited hours before based on our conditional use we're granting, But I can't answer that question. Ms. Joseph, I think what we're probably, what we as a board are probably interested in is what is your plan of operation? And you've said that your plan is to start accepting children at 6.30 or 7 in the morning. Yes, that's what I could tell my parents in my handbook. But on the license itself, I could be open for the nontraditional hours according to the state. Well, we don't have to parallel the state's requirements, so we're concerned more, I think, with what your intentions are to stay open. And I understood you to say that 6.30 to 7 in the morning is when you start accepting kids. And I also heard, I think, earlier that you said that that was going to be like a morning session or something. Yeah, because sessions, according to the state, is eight hours, eight to nine hours, is considered a session for child daycare. So if any daycare in Lexington, if your child's there more than nine hours, they're going to start charging you more money because for that, even if you receive a child daycare voucher, the vouchers only are up to nine hours of daycare service, which is considered a session. So for me to take my child to daycare, if I'm working, dropping my child off and I work an eight-hour day, they give you a 30-minute window to drop them off and pick them up. So it's almost a nine-hour day. Anything after that will be considered an additional session. But it's not your intention to operate past 7 p.m.? No. Which gives people after work where people work at later 9 or 10 to 6 to be able to still get to. location exchange if this board were to grant your application with hours say 6 30 a.m to 7 30 p.m that would encompass your hours of of intended operation is that right yes yes For some parents, the school buses pick up their children around 6. I know my niece, she gets picked up at her school bus at 6.15. And some parents have even asked me, hey, could you bring my child to the school bus? I have to be to work at 7. And I can't drop them off to the school bus, which is here. Most of the school buses literally pick up and drop off near the corner of our block. I've even had a visit for different district schools or so. They drop off right at the end of our cul-de-sac twice a day, starting around 530, 6 o'clock in the morning. So 630 would be perfect. The school's open at 715, and 630 will be perfect for me in general because I get my kids up around 6. Yeah, I think we're more concerned with the practical effects of how the daycare would operate. And I understand you to say that 6.30 a.m. to 7.30 p.m. is what you anticipate having parents bring and get children. I will be providing transportation, and I'll be approved to provide transportation for the daycare. Yeah, I think our concern is weighing the need in the community for working parents to have a safe place to take their children with the need of neighbors to have peace and quiet in their own living space that they occupy. So does anyone have any more questions for the applicant at this time? If not, I'll have. Some of the letters that we received in opposition said that there were two or three other daycares within several blocks of this location. Are you aware of those daycares? Yes, there's one for mentally challenged and physically disabled. Then there's one for for traditional hours, which is 7 to 8 AM until about 5. And what's the availability? They're full, they're full. Their waiting list is about a year. For my 16 month old, I tried the Montessori schools, I tried everything. I called the daycare council, I went down to receive any services, find out what can I do to find a daycare. And the closest to me is about 10 miles from my house to put three children in or even my 16-month-old. It's just not available. Do you have to get permission from some other agency to be able to transport children? Through the state. Through the state. It comes with the daycare license, and I already have a CDL as well. You have your CDL? I do have my CDL. And I can drive, I have my bus endorsement, school bus endorsement. Okay, thank you. Ms. Joseph, I'd like to ask how you can provide transportation while you're running the day-click care in your home. He's asking about staff. Yes, I plan to hire one to two full-time CNAs. That's what I needed to know, thank you. and those other daycares are they in commercial locations or are they also out of homes there's two commercial that I know of and there are three certified which takes up to six children I do currently have my children enrolled in a certified home but she's only available I can show you my phone this week Wednesday to Friday otherwise she's maxed out and can't take my children during that time so do you plan to have any structure you know structured like like a preschool might have say they you know you'll have outdoor time from like one to two in the afternoon or 10 to 11 in the morning and and that's it i mean because part of it is noise in the neighborhood and And if the neighborhood knows that that's the structured time that they're going to be outside, maybe you'd have neighbors that would be a little bit more in favor of it if you were to have some sort of structure that way for outdoor time, if they knew ahead of time when that was going to be. I just want to clarify something so everybody understands. For the most part, you're talking about very young children. These children are not in school. It's just going to have very few, one or two at most, that are going to have that. You're talking about infants to say three years old when they start preschool. Well, there's not going to be a significant outdoor activity. And if you looked at Ms. Joseph's, I've known her for long enough, Veronica's background, she's got a lot of training, not just with the arts and crafts, the special needs, with her teaching certification and background, both here and in New York, that she got a house full of activities probably had so by necessity having four little ones but that's what her plan is now there are restrictions again by the state as to what can and cannot be done outside which would impose the potential nuisance or bothersome to other neighbors and surrounding neighborhood From what I understand, for the daycare license, you have to have enclosed, fenced and enclosed play area in your backyard within 10 to 15 feet from an entrance or exit. So with that being said, my backyard is already fenced in. The area to the posterior of my yard has 20 to 30-foot trees, about 10 of them. So you rarely could even see the, you can't see through or even hear most of the traffic or buses to our home or even out of our home. Ms. Joseph, you said earlier that your plan is to accept children to preschool. Yes, sir. You said zero to four years old. Yes, that's preschool. What if a parent of a five-year-old or six-year-old came to you and said, I'd like you to keep my child? What's your plan on somebody like that? If they're relatives of a child that's currently attending, I would try to extend a service to them if possible. But for my restrictions with my license, my staff to child ratio will reflect the age groups. So my staff will have to be sort of trained in to work from zero to one, one to four, or five to eight. Five to eight and then eight to 12. So not including my own eight year old child, I would have to have staff to reflect that at all. at all times so if I'm only hiring someone to do ages zero to one and zero to four I'm not allowed to take in that child that's five years old if I'm at that capacity if that makes sense I would have to hire a whole nother staff member to care for that one child so it wouldn't be financially suitable for me to do I would consider it but I don't think it would be something I would unless my children are of that age. A question for legal. Article 1.11 talks about the family childcare as care provided by a resident of a dwelling. She's talking about hiring staff. Do we need to, I mean, is this application sufficient to do what she wants to do? I think that it is. I mean, I would defer to our own staff about how they've handled that in the past but in terms of having up to 12 kids I think it's maybe necessary to have someone else as long as the person that is operating it is the person that lives in the house. I had a question. Mr. Chair, based on what you said the text amendment says that you can have up to six children without coming through this. Is that correct? That is correct. Including your own children. Correct. So if you could have six outside children plus four of your own? No. No. No. No. I could only have two. Two. Okay. All right. Thank you for the clarification. Yes. I originally tried to get certified, and then they let me know that. Okay. Just thinking that I couldn't. Any more questions for the applicant who we could have come back up, but there are two ladies who would like to speak also on this case. If you would like to have a seat in the first rows. Ma'am, come on up. Hello, I'm Sue Roberts. I live right across the street. I live 1208 at DeSalle. They're wonderful neighbors. It's nothing against the neighbors. They're wonderful neighbors. They'll do anything for you. I just don't want a business on our street. And that's the ideal everyone on the street. We have a new neighbor moved there, I guess, six months ago. And she said if she knew a daycare was going to be there, she wouldn't have moved on the circle. We have 11 houses on our circle. She's one of them. The one next on both sides of me rent. So they didn't really vote. but everybody else on the circle doesn't want to take here that one any kind of business where there's extra traffic coming and going and then the lady really lives on appian way the back of their house is right next to their house they may have six feet in between they're the ones that's sick and said he didn't want the noise and the extra traffic so that's what it is as far as neighbors are wonderful neighbors we just don't want a business on our street yeah what kind of what kind of noise are you talking about just extra cars okay coming and going thank you because it's a small circle if you come on our street you have to come back off sure you know it's not a cut through so it's just extra extra traffic thank you Thank you. Hi, Ella Nykirk, 1220 Octavian Circle. I kind of agree with the same thing Sue has said is all the traffic on the circle that you know. I've got neighbors, kids on both sides of me that play out in the circle and stuff. They're little and sometimes they forget to look in the road and it's just, I'm afraid with the traffic flying around the cul-de-sac or whatever. And then, you know, I'm not sure if we ever went to sell our house, how it would sell with a business being on the road. Because a lot of people like the quietness of our neighborhood. Thank you, ma'am. Any more comments? Any questions for either lady? I would just like to add. To whom? To comment. Maybe the applicant. Okay. Yeah. No, I'm sorry. Maybe it was too soon. No, no. But I just want to clarify that you've still gone through all the, all that you needed to go through for the state. And they have come and they've checked the house and they have already deemed the facility suitable for the amount of kids. Yes, ma'am. Because I did have some minor concern about the size of the house. but the state would determine. They've already determined that it is. The only thing she lacks for the state is the fire marshal's certification, which he suggested to wait to do that until after this because that is a substantial cost to her. And, yes, the fire marshal, we already contacted this fire marshal. That's the only thing remaining. And they said it's, they already looked into the property and said that it could be coded, not coded, but suitable for the children. I just need to have hardwired smoke detectors added, and they would do another walkthrough. But he won't do that until after this portion is taken care of. But that's a part of the process. Was the state approval based on the age of the children that you'll be taken care of? I mean, if you were taking care of teenagers, would they have given you the same? It doesn't go past age 12. You only get licensed up to 12, I believe. But it's a whole massive processing between my education, the property size, any staff I take, my training, as well as the age groups and my qualification to handle the age groups. And security, and we will be adding security cameras in and around the property. I know that there's some already posted in our neighborhood by some neighbors that we've been told. But as far as the structure, we've been told it's pretty suitable. And most of the children will be in potty training, so they wouldn't be using up the septic too much. So they approved that, pre-approved it. So if I go through this process here, next month I would receive a license pending the fire marshals. look at the smoke detectives. Any more questions for the applicant staff or the opposing parties? I mean I think it's important just to address maybe in your eyes how you could mitigate the traffic for your neighbors. My husband and I also we have a pretty large yard pretty significant we could even have a drive through to drop off in front of our house yes I would have to apply for that my husband mentioned that I said well let's not think of that for right now but we could do like a few of our neighbors up the street they put a like a roundabout in their front yard circular drive so I we could actually fit a circular drive in our front yard with no problem with the size of it or even the drive around the back of the house because we don't have a garage and I forgot to ask I don't think anyone else has you've asked for seven days a week yes is that your intent to operate seven days a week I only intend to operate six days a week but the option through Saturday or yes Saturday again that went with part of what the state's package talked about that's the reason she had it there she's only looking for really monday through friday significantly and there's going to be some saturday because there are some people whose weekend is actually sunday monday so they need that saturday coverage that would be the same 6 30 to 7 30. yes restriction she does want some time for her yes I might also add, as far as the traffic concern, is a mom of a little one. We're not speeding fast up the street, and we don't want to be there long. We're careful with the kids and, I think, conscientious about where we are. The block itself is right before the school. The main street, cross street, outside of the cul-de-sac is Appian. There's about 3,000 to 4,000 cars there. including buses a day, and that traffic is just- And that's where the actual bus stop, the bus is- Yes, and then there's an actual city bus stop right around the corner from that as well. So there's heavy traffic right outside of the street. There's a stop sign, and sometimes it takes me in the morning about ten minutes to get out of my cold sack because of the school traffic. Seriously, so to even get my children to school, we leave about 10, 15 minutes early just to get through out of our cul-de-sac to pass that African way traffic. And there have been car accidents right on that corner because there are a lot of high school drivers who just got their license and even crashed into a light post on that corner. So the heavy traffic that's been mentioned, we've already, our cul-de-sac already experiences that. And then a lot of people cut through there to try and drop their kids off so they can walk to the high school instead of dropping them all the way to the school. So there's currently in the morning time in our cul-de-sac, I would say maybe 50 cars that do drop their kids off right over there. And then in the afternoon on the corner of our cul-de-sac and even on the edge of the next property over to me, there are about 10 cars parked there waiting for a bus to drop off their children. So there is already an extensive amount of traffic in that area. And how many kids do you actually plan on having? Seven to eight. Oh, so you will have seven to eight? Seven to eight children, not 12. Tell me what times these children will be dropped off or picked up. Are they staggered schedules or they all pretty much come at the same time? It'll be a standard schedule. What's that? It'll be a standard schedule, but it's up to the parents to drop them off. Yes, so between 6.30 and 7.15 will be the drop off point for that child. So they may not all arrive at the same time. Okay. And the traffic clears pretty quickly in that area. Well, if there's no more comment or discussion, the chair will entertain a motion. And thank you both. Thank you. And or modify conditions or however the board would like to proceed. uh uh miss joseph before you sit down i i understood you to say just for clarification that uh you would not object to a modification of your application to this board if if your if the modification included restrictions on the on the hours and the days no uh so if we were to approve your application uh monday through saturday from 6 30 a.m to 7 30 p.m that would not that would not upset you. No. I had a question for staff. It says, Thank you. granting this requested conditional use shall not adversely affect the subject or surrounding properties. Adequate off-street and on-street parking is available. Just in that's I mean we see that a lot is that I'm looking at this I feel the pressure from the neighbors, but I also feel that the applicant seems to be concerned about that and wants to work with it. So I just wanted to make sure that you feel like the off-street and on-street parking is adequate. Based on the requirements of the zoning ordinance, the parking is adequate, yes. Okay. I'm going to move we approve PLNBOA 18-60 Veronica Joseph's request for a conditional use permit to operate a family child care for up to 12 children in a single family residential R1C zone at 1205 Octavian Circle. subject to staff's recommendations, and I think we would like to limit the hours. And I would say to... You want to add another, like a condition number five? Yeah, number five. Subject to operation being Monday through Saturday from 6.30 a.m. to 7.30 p.m. I like that. Thanks for finishing that for me. And subject to the four reasons outlined, four conditions, and then adding number five, that you'd be operational from Monday through Saturday, 6.30 to 7 p.m.? 6.30 a.m. 6.30 a.m. to 7 p.m. 7.30 p.m. 7.30 p.m. That's right. Thank you, fellow board members. Is that clear? Just to clarify, new condition number five will be operations Monday through Saturday, 6.30 a.m. to 7.30 p.m. That's correct, Mr. Chair. Thank you. I second the motion. Ms. Whitman seconds. Motion passes. The application has been approved. Good luck with your project. Thank you. The next matter before us, I think, is finally Harmony Day Montessori School. All right. I think, no, this one was no opposition. Okay. Yeah. PLM BOA 18-64, Harmony Day Montessori School's request for it at 2885 Rio Doza Drive. I believe there was no opposition and no letters for this matter. Is that correct? That is correct. Okay. Please state your name for the record. Hi there. I'm Michelle Walker Campbell. I'm head of school at Harmony Day Montessori School. Ms. Walker, the staff has recommended approval today. The approval is based upon five conditions. Have you had an opportunity to look at those conditions? At the end of your report. Hear what? They're in the report? Yeah, they should be at the end of the report. Mr. Chair, she's not been sworn in yet, I don't believe. Okay, I'll get to that too. Yes. Please raise your right hand. Yes. You swear or affirm, tell the truth, the whole truth, and nothing but the truth? Yes. Thank you. Okay, Autumn, would you point out to her where those five conditions are? Yes, those are. All right, you're agreeable to abide by those conditions? Okay. Thank you, ma'am. At this point, I'll open it up to questions or discussion points from the board. Just so that we're on the record, this has been operating since August of 2010. Yes. and this this application came about because you were seeking certification through the state to have younger children yes and there haven't been any problems with with operating the business or the school Just sit tight. Okay. Gentlemen, do you have any questions, ladies? Okay. Then in that instance, the chair will entertain a motion. Mr. Chair, I move the approval PLN BOA 18-64, Harmon Day Montessori School, requesting a conditional use permit to establish a preschool program in a high density apartment zone at 2885 Rio Doso Drive, based on the staff's recommendation and the five conditions as listed. So move. Thank you, Mr. Clark. I'll second. We have a second. The application motion passes. Good luck with your project. Thank you. You're welcome. Okay. Our last case of the day is PLM BOA 18-63 Element Design, 2405 Great Stone Point. It took me a second to remember what the abbreviation is for. If the applicant wants to come forward, please. Good afternoon. My name is Katerina Molina. I'm with KMSF. Element Design is the engineering company that we hired to do property evaluation for us. They should have been here, they are not, but I represent the owners of the property. So we would like to develop a parking lot that we have owned for a long period of time. We need additional 28 parking spaces that will allow about two-thirds of the lot to be undeveloped. Our intent to preserve as many trees on the property as possible. So the location of the lot was designed with that in mind. We had two concerns from the neighbors. One of them was that we will put a building in front of the lot, that we will be backed into the gravestone street. At that point, there are absolutely no intent to develop the lot for construction of the building, we have sufficient space in Kentucky Clinic South that is at 2400 Great Stone. So the lot they intend is to have faculty that practice at the building and staff to park at the lot in question and to have patient have more spaces next to the clinic. I have a question. This is a mobile MRI unit that is being added to this facility? Correct. So is it being parked in the existing parking area now? Yes. So you're taking up some spaces with this unit being? Yes. Okay. Thank you. Quickly, were you sworn in? Yes, yes I was. Okay, and the staff has recommended approval. It was based upon five conditions. Have you seen those? Yes, I have. And your client will agree to abide by those? Yes, absolutely. I also saw there was previously, sir, yeah, I'll let you have an opportunity. There was a lady here previously who wanted to speak on this. Did you speak with her? I spoke with Judy. Her, the second, so I explained the first concern was about the building bill, built on the lot, the lot is a little bit under one acre, so we're not going to build a building. To my best knowledge in the next, there is no plan for that. We have a board, we report to University of Kentucky Board of Thayer trustees. There are no plans to develop and the way the parking lot we're going to plan, there is no place for the building. The second concern was that our proposed lot had two entrance exits. The concern is that one of them at Great Stone would eliminate parking spaces on the street, where there is currently overflow from other buildings. I will reach out to our engineers and I truly, their idea was to have the best traffic flow in the area so we don't create congestion. And we don't expect people to come and go from the parking lot during the day. This is truly for the staff that worked in the building. But we were definitely willing to take that to engineers. I know we have submitted our proposal to Planning Committee and then Fayette County Engineering Committee. So we'll make sure that we are complying with all the rules and regulations and offer the best possible solution for the lot for entrance and exits. Thank you. Any more questions for the applicant's representative? I'll ask this question. And the people who are parking here, are they visiting the clinic south? Is that where they're going? The people that we are going to have that parking lot for are actually doctors, nurses, and staff that work at Kentucky Clinic. So the patients will have access to the main lot right next to the clinic. I see. Thank you. Ladies, gentlemen. Okay. Well, if you have a seat, we'll let... Sir, I know you're waiting to speak. Anyone else here wants to speak on this matter? Okay. Well, sir, come on up to the podium, and please state your name for the record for us. My name is Luther Hargis. I own an office townhouse straight across the street from this development. For the most part, we talked in the hallway. I think we're on track, but I did have several points I wanted to make. It's whenever she says it's immediately adjacent to their building, it's really not. It's on the other side of the street. They do own the lot immediately adjacent to their building, and I was trying to encourage and continue to encourage them to build a parking lot right next to their building and right next to their parking, even to the extent that ultimately that lot will be developed, that they could incorporate this parking into their whatever ultimately happens there. But they do own the lot across the street. I have no objection to them having parking over there. Something that was particularly important to me was that I did not want them building a building. I don't like the way that the parking and the lot is laid out in case they did build a building. She says they have no immediate, no foreseeable plans to build a building. Things change. People change jobs 10 years, 20 years, whatever down the road. People even forget the commitments that they made and things like that. So I would like to see it written into the record that they would not be developing a building on the lot. And I would be happy with that. Well, I don't think her point was that they would never build a building. I think her point was that this time they do not plan on building a building. And I would be asking that they formalize it and say we're never building a building there. That would be up to them in my opinion. Yeah, that's true. If they want to make that commitment, that's up to them. My objection to the way that it's laid out now would be, I would like the parking to be up against Great Stone, and then a potential future building to be back away from Great Stone, so that way the front of the building would face the parking and face Great Stone. That way, you're not building a building with the backs up against Great Stone, which would be our view out the front and that kind of stuff. You're going to have air conditioners. You're going to have other utilities. Backs of buildings are ugly. So I am saying that if they want to develop in the future, it makes much more sense to leave the back of the lot open, build their parking up against Great Stone. But if they want to make a commitment that they're not going to build a building, I would be good with that. I have no objection to them even expanding their parking in the future, depending on whatever goes on at the time. I did want to talk a little bit about the proposed entrance on Great Stone, which is, yes, we're in no position. The reason they're building parking is because things are pretty tight there. People are parking on the street. We don't want to lose on-street parking so that they can have this new entrance. I see nothing wrong with just deleting that entrance. Even build a few extra spots in the back if you want to. I don't think it's really going to make much difference for access. But there's another consideration with that, too, is you put another entrance on Great Stone, things are already chaotic there. So it's just adding to the chaos. It's creating additional points of conflict if you're a traffic engineer. So I really don't see the need for it. I think it would be fine without this additional entrance. But those would be my points. I want to say I think they are good neighbors. I think they want to do the right thing. I'm hoping they'd make a commitment not to develop the property with buildings. I have no objection to them adding another parking lot over there later if that's the way that it goes. Just to be quickly, you're in the office condos with the Horn Richardson & Associates? Yeah, sort of. The answer is yes. I don't know why I wouldn't. But I'm in that complex. Yeah, that's the question. Yeah, we just want to make sure the complex is. Yes. I'm on the very end of that unit of that building closest to Hospice of the Bluegrass. So I'm actually closest to Great Stone Point where it comes in off of Alexandria. and I think that people are good neighbors. Those are the things that I feel like affect me and those are the things that I would be asking for. So if they want to ultimately develop this lot, I would ask that they move the parking lot up close to Great Stone so it leaves the building lot further off the street. And two reasons. We don't want to look at the back of buildings and the fronts would then be facing us. I forget the second one, but whatever. But those are the points that I wanted to make and all. And I'm hoping that they would formalize something that say they're not going to develop buildings there. But I feel like they have a, it's their lot. They should be able to do something with it. they should be able to develop. I'm hoping that they will choose to make a commitment not to develop or if they are going to develop in the future, flip-flop the parking lot over closer to Great Stone so that the building ultimately ends up further from the street. The other point was whenever you look at the streetscape, whenever you put buildings up close to the street, you get more of a hemmed in feeling and that kind of stuff if you put your parking lot first and then your buildings back behind that it makes it feel more open so that was the other point i was going to cover but i would like to say i think these are good people you know i i just hope they're also evaluating whether they really want to do that other entrance i'm i'm hopeful that they will decide they don't need it but that's thank you up to them can i ask before before you leave the podium can i ask traffic uh if uh if you think that the um that the plan to have two uh accesses to this parking proposed parking area is a good idea or bad idea or traffic doesn't have concerns with the two access points um this size parking lot I don't know that one access point would be a problem, but sometimes fire, when you get a larger parking lot, they need an area to turn around or they need that second access point. So two access points is fine with us. Okay. Thank you. Thank you all. Thank you. Any additional questions? I'd like to ask the applicant about the system about trees. Is the location of the parking relative to saving trees? Yes. Yes. We looked at the entire lot and we wanted to preserve as much of natural property as we could. Are most of the trees in front of the lot? Yes, they are. Okay. We also talked outside that to make that more appealing, we'll be willing to put shrubs in the front of the property by the walkway. So it's the parking lot even less visible from the street if. That'd be nice. We try to keep our property beautiful. Just one other question, if I may. if i may when when when the clinic south changed and some of the some of the services went to the clinic at the hospital there was some talk about just simply not using that at all for a medical facility and that was this was a long time ago and i just wonder if there was any any what the what the plans are for the future of that that particular building we have made It creates significant renovations within Kentucky Clinic South. We currently, almost the entire area is staffed. We have internal medicine there, we have pain management, and second floor of the clinic is pretty much all occupied by pediatric services. So we have every single area of the property almost allocated to some medical services. So it is definitely being utilized. We are not considering moving from that location. Thank you. Any more questions or comments for any of the parties? Okay, hearing none. I will entertain a motion. Mr. Chair, I move approval of PLN BOA 18-63 element design, requesting a conditional use permit to construct a parking lot in a professional office zone at 2405 Great Stone Point, based on the staff's recommendation and the five recommendations listed. So move. Thank you, Mr. Clark. Second. Second. Please register your votes. All right, the application is passed. Mr. Needham? For some reason, I'm timed out here. Oh, just, you can make an oral. There we go. How are we doing? Okay. Thank you. Good luck with your project. Thank you so much. I appreciate it. I believe that concludes all of today's cases. Are there any items that any board members wish to present at this time. Any staff items? Alright, our next meeting will be October 8th 2018. We are adjourned.