to a western saddle and throw himself up in the saddle and he sits there when he's four, five, six, seven, eight, nine, ten years old. That's the little person I want to bring out. And grandma and grandpa with your little kids. Bring them on. Bring them on. And I could see grandma parents just be thrilled coming someplace like this. Yes. Probably somebody's interested in especially little kids. What are your pony's names? Well, we've got Sugar Plum who's our little 28 incher for the photo She's 28 inches. Okay, wait a minute. And she's a national champion. Oh, wow. Oh, yeah. She's a miniature national champion. That's about the size of a small dog. Well, it's 20. It's smaller than a Great Dane. Yeah. Yeah, it's smaller. It's shorter. So we've got 28 inches, and then we've got Johnny B. Goode, and he's our star trick pony. Is he good? Oh, he's really good. He was in the Hamburg Journal. He was the pony that we stood next to at the Hamburg Journal. So he's Palomino, four white socks, and a blaze, and Welsh, and chest stunning. He does tricks. He rears. He counts. He does all this kind of stuff. Plus, takes pony rides. So Johnny B. Goode. Johnny B. Goode, Rocky Balboa, which is right behind us. He was a boxer, wasn't he? Oh, yeah, but Rocky is just a really cool little pony. He's the polka-dotted mini over there. And then we've got our Steady Eddie Dusty and Oreo are the two harnessed ones that pull the Western wagon. Just Steady Eddie pony ride. Now, we do do pony rides for churches and events. Oh, so you'll go out. Yeah, and I've got a carousel, a six-point carousel. And so we will go out, and we do do other people's houses. Okay, I did not know that. That's a good idea there, too. Of course, it's on our website, which is unicornsandlollipopsponyrides.com, but the easiest one, kyponyrides.com. We'll put you right there. It'll take you right there. Yeah, and it's a lot faster, kyponyrides.com. That's a lot faster. Well, I'll tell you, I've used this word over and over, destination, but it is. I want a magical destination. There's nothing else like this. No, no. And I mean, obviously you can come from out county, not just Fayette County. Right. And I want to give back to the city of Lexington. Y'all have been so good to me in 32 years. It's time for me to give back to the city. And this is my giving back to you with a vision like John Nicholson did for the horse park. I want it. A magical destination like Disneyland. Well, I think you're doing it. We're getting there. And you'll continue to do it. So, Summer Frost, I've enjoyed being with you today and being out here at Unicorns and Lollipops. And I'm going to do a little tour. And I hope that everybody does come out here and get to see what's here. It's magical, and it'll be worth your while. Summer, thank you so much. Thank you, Kathy. Now it's alright, it's okay, you may look the other way But we can try to understand, the New York Times are best on me Whether you're a brother or whatever you're a mother, you're staying alive, staying alive Feel the city breaking and everybody's shaking when you're staying alive, staying alive Ah, ah, ah, ah, staying alive, staying alive Ah, ah, ah, ah, staying alive The meeting of the Board of Adjustment, welcome everybody. This I think is maybe our last Zoom meeting. More about that later. We'll advise everybody in the usual and typical way, but it could be that we will be back to semi-normal in the month of August for this meeting, and that would be nice, quite frankly, because I've enjoyed as much Zoom as I can stand. okay i'm uh what i think i'll do since we have uh everybody on the screen who may testify i'm going to swear everybody in first and right now so everybody that anticipates that they may testify please raise your right hand repeat after me do you solemnly swear to tell the truth the whole truth and nothing but the truth i do i do thank you very much everybody now we're going to demote everybody but the board members and uh when i go through the docket and we call your case then we'll promote you back up and we can see you thank you very much just stand by um uh i'll read the uh the abbreviated version of our typical zoom meeting uh preliminaries due to the coven 19 state of emergency this meeting is being held the alive video teleconference pursuant to 2020 senate bill 150 and in accordance with krs 61.826 looks like we have two three four five six looks like we've got six board members present that's a quorum i declare quorum present and so we will take out take up the first item of business and that is the approval of the minutes uh then you you should have received the minutes from the may may 10th and the june 14th board meetings uh board members have you and if so have you read them and if you've read them i'll entertain a motion to approve them from anybody on the board. And Harry, you're muted. Oh, he disappeared. Now, Mr. Chair, I recommend approval of the minutes. How about that? That's good. Is that for both May and June? Yes, indeed. All right. Motion is made. Is there a second? Mr. Needham seconds. All in favor of approving the minutes from May and June, please signify by raising your hand. Looks like we have a quorum for that as well. Thank you very much. What we're going to do is sound the agenda, which means we'll go through the cases as they appear on the docket. and i'll i'll read them uh and and we'll have each uh person that is representing the applicant to either the applicant or representing the applicant to identify themselves and then i will ask if there's anybody who wishes to speak against this application though if there's no opposition to an application they go on the speedy docket and we'll hear those cases first if there's opposition we will hear them at the end of the call and the first case on the agenda is plnboa 221-22 ball homes llc is the applicant present mr nicholson is present is there opposition to from anybody in the public to this application And I'm looking electronically for any hands that are raised in the audience. So if you're in opposition, please raise your hand electronically so we can see you. I don't see anybody in opposition. So Mr. Nicholson, you'll be first on the speedy docket. Second case is PLNBOA 21-30 Dan Laro. Mr. Laro, are you present or represented? You can electronically raise your hand, please. There he is. Is there anybody in the audience who wishes to speak against this application? If so, please identify yourself by raising your hand electronically. I see no opposition. So Mr. Lerner, you'll be second on the rocket docket. The next case is PLN BOA 21-31 Robert. Kurtzinger. Is Mr. Kurtzinger present or represented? Ms. Ray is the applicant for this. Ray is the applicant? Is representing the applicant? Jenny Ray. Jenny Ray, okay. I'm sorry. That's fairly small for me to read. Gotcha. All right. Thank you very much. Is there anybody in the audience who's in opposition or wishes to speak in opposition to this application of Mr. Kurt Singer? I see no hands raised. And so Mr. Kurtzinger's application will be third in the docket. The next case is PLN VOA 21-33, Leslie and John Wayne Scott. Are the applicants present? Leslie Wayne Scott is present. okay leslie wayne scott is present i don't see a hand but she we see her on the list of applicants so is there anybody in the audience who wishes to speak against this application if so please electronically raise your hand so we can recognize you i see no one raises their hand so we assume no opposition to the wayne scott application That will be fifth on the... I forgot one, didn't I? We forgot Evelyn Cruz. We did. So, Wayne Scott, you'll be fifth on the docket. Fourth is Evelyn Alvarado Cruz, PLNBOA 21-32. I apologize for skipping over here. Is the applicant present or represented? I see a hand raised and that is... Juan Castro? Juan Castro. On that one, the staff did make a recommendation for a lesser degree. Yes. Is there... Mr. Castro, I understand you're an interpreter for Ms. Cruz. is there anyone in the audience who is in opposition to the application for a variance for 21-32 Cruz, Cruz case? I don't see any hands raised electronically, so that case will be four from a docket. I apologize. It's actually recommended for disapproval, I think. I'm sorry. it's recommended for approval of a lesser variance and we certainly will talk about that when we get to the case okay i'm with you there's no opposition so that'll be fourth on the docket we already recognized wayne scott the next application is pln boa 21-34 anthony chapman is mr chapman present i see a hand raised anthony chapman the applicant is here Is there anyone in the audience who wishes to speak against this application or in favor of it, since it is recommended for disapproval? I see no hands raised. So the next application for a variance is PLN VOA 21-35 Nick Morrow. Dr. Morrow, are you present? Darby Turner representing Mr. Morrow is that correct looks like it is Mr. Glover I will be recusing from that case and I've sent it in my paperwork to the staff okay all right is there anybody in the audience who is wishes to speak in opposition to the application of Dr. Nick Morrow. Please, if so, please raise your hand electronically so we can recognize you. I see no one in opposition. So that case will be number six on the docket. and the last on the docket is uh compass capital llc plm boa 21-36 is compass capital represented if so please raise your hand electronically compass capital mr glover i'll be recusing myself from this case too if it's heard i've submitted my paperwork to the staff. All right thank you Mr. Groves. The EA partners is representing all right thank you very much that concludes the call the original call of the docket of the agenda so we'll go back to number one Ball Holmes and Mr. Nicholson is representing all homes so let's bring him up I'm going to promote you there he is Mr. Glover, are we going to not handle the cases that have full approval first before we get into the hybrid cases of some approval, some disapproval recommendations? You know, because it's such a short docket, we have one that's recommended for disapproval. the, you know, that's actually that's a You all actually should have read it by a staff report and justification statement and site plan that does not match the agenda. An additional sign was, request was withdrawn on this application and staff is now recommending approval of the two remaining requests. I think there was a reason that everybody gets there. I think you even requested me on that one. Saved by the bell, Tommy. Yeah, it's amazing how often that happens. Thank you, Autumn, for bringing that to our attention. There was an additional Board of Adjustment amended case report sent out, and I hope everybody on the board, all the board members got that. It was emailed to you, I think, a couple of days ago. so since that is recommended for approval by the staff it's no longer recommended for disapproval so we'll take it in order which is first on the agenda so Mr. Nicholson yes sir Nicholson here on behalf of the applicant Ball Holmes for the record we have read the amended staff report and are in agreement with the conditions that the staff laid out for that approval recommendation. Sounds good. Thank you very much for that short summary. Anybody on the board have any questions for the applicant, either to Mr. Nicholson or to Mr. Brian Stevens, who looks like it's sealing her as well, which is just fine. Any board members have questions for this applicant? And this is the third month this application has been on. I'm glad you all got things worked out. I didn't want to see it again. We are happy to take it off your docket. Sure. And we appreciate it. Any questions for Mr. Nicholson? From the board? I see none. I had some trouble understanding this case, but it was merely the numbering of the signs, quite frankly, that got me confused. but not confused by much. If there are no questions, I'll entertain some kind of action by any of the board members. Unless you want to keep this on for another month, I recommend some kind of motion. Mr. Nicholson is holding his breath while you all make up your mind. All right, I'll make a motion. Mr. Chair, I move we approve PLNBOA 21-22 Ball Homes LLC's request for variance request to reduce the required setback for freestanding identification signs from 10 feet to 8 feet for one sign and from 10 feet to 4 feet for one sign at property in a planned neighborhood residential R3 and high-density apartment R4 zones on property located at 299 Squire Circle and 480 Squires Road. And that is based on the two recommendations by staff and the two reasons by staff and then subject to the three conditions outlined by staff. Thank you, Mr. Needham. Is there a second? Mr. Grove seconds. All in favor, say aye. I'm sorry, all in favor, raise your hand. Motion carries. Good luck with your project, Mr. Nicholson. Thank you all so very much. Thank you. The next item on the docket is PLNBOA 21-30 Dan Laro, request to reduce a rear yard setback. Mr. Larrow was present. Let's promote him so we can see his face. There you go. There's Mr. Larrow. Does anybody on the board have any questions to Mr. Larrow about this application? I see no hands raised. No questions or concerns or anything like that. If none, sounds routine. I'll be happy to entertain a motion from the board about this application. I move for approval of PLN VOA 21-30 Dan Lara's request for a variance to reduce the required rear yard setback for a projection from 8 feet to 4 feet in order to construct an addition to an existing deck on property within the defined infill and redevelopment area in a single family residential or district overlay zone on property located at 108 Lackawanna Road. and that's based on the staff's recommendations and subject to the two listed conditions. Thank you, Ms. Carter. Is there a second? A second. Mr. Clark seconds. All those in favor signify by raising your hand. Motion carries. Good luck with your project, Mr. Laro. The next case on the docket is 21-31 Robert Kurtzinger. Let's see, I think that was Ms. Ray, Jenny Ray, was here representing Mr. Kurtzinger. So we'll promote Ms. Ray, and you can unmute yourself in case we have any questions that might be asked of you. Does anybody on the board have any questions to Ms. Ray about this application. No questions. So how would the board like to proceed? We can make a motion. And if so, I'll recognize you. Raise your hand if you would like to volunteer to do something mr clark mr chair recommend approval of pln boa 21-31 robert kersanger request for a variance to reduce the required front yard setback from 300 feet to 129 feet in order to construct an addition to an existing house in the agricultural rule ar zone or properly located at 5199 whites lane based on the staff's recommendation and the two conditions as stated. Thank you very much, Mr. Clark. Is there a second? Ms. Whitman seconds. All in favor signify by raising your hand. Motion carries. Thank you very much. Good luck, Ms. Ray, with Mr. Kurt Singer's project. Very much. Thank you. and the next item on the docket that I originally skipped over I apologize again is 21-32 Evelyn Alvarado Cruz let's promote Mr. Juan Castro Mr. Castro you're on here twice if you raise your hand so I promote the first one whoops there we go you can demote miss Okay, Mr. Castro, you can unmute yourself in case we have any questions that require you to answer. the staff has recommended approval of a lesser variance instead of from 10 feet to zero they recommend from 10 feet to three feet and does anybody on the board have any questions about this application I had a quick question. I was trying to determine if the footprint for the bathroom is the same or larger than the existing storage that was already there. the restroom itself is a little bit larger than an existing one because of the width they allow us to put a door kind of like right in the middle and right next to the current master bedroom and so it allows for the use of a wheelchair which right now Miss Alvarado's mother has not no access and requires her to be carried over be it to the toilet or to the shower this one is a little bit wider, but about as much as, I'm sorry, yeah, wider, but not as deep as the other one. But it allows us to put the bathroom and the toilet in two separate angles, two opposite sides, which will allow for much easier movement with her wheelchair. And I noticed in the application that the construction had already begun prior to the permit. How far along are we in that construction process? Unfortunately, all of the outer walls are done, but it can be undone within the recommendation of the staff. We feel that we have enough room to meet the three-foot requirement that the staff has recommended. It's still within the yardage, so we have that room in the back. Mr. Castro, what are the dimensions of that room, the bathroom? It is, the bathroom itself is 10 feet by 4 feet. And then they added, sorry, it's 12 feet by 10 feet. And then we have a two foot that is going to be used for storage, making it 12 feet above the current backyard. the current back wall. And I think that the total distance from the back wall to the line was 15 feet. So we're using 12 feet by 10 wide. Okay. I am looking at my drawing right now so as to make sure that I'm telling you exactly what it is. so it's 10 feet wide by 8 feet with the two foot or so storage that allows them to use at the current time so as it is you have that three foot that that staff is requesting from the property line yes ma'am we only requested to zero just because i wasn't sure exactly where we needed to go but using that three foot give us plenty of room to build that restroom and the little storage that they need. So Mr. Castro, this is Mr. Clark, you said the walls are complete. Where is that back wall now? It is right between the two properties. Ms. Alvarado's property is in the corner of two streets. The front of her house is on Niagara, but there's a street on the side. So basically, her driveway comes from the side. And right after that, there's a second house. So it's between the two houses. So it's on the property line. Yes, sir. Now. All right. Yes, sir. So you would move that three feet. No, it's not on the property line. It's three foot from the property line right now. Yeah, I'm sorry. It's three foot from the property line. Yes. So it's already three feet from the property line. Yes, sir. So you don't have to move that wall. No. We believe that we have. I'll have the architecture drawing and give exact measurements, but we're well within the three feet. All right. Thank you. Very good. Thank you for that explanation. Any other questions for Mr. Castro? If not, anyone from the board here to make a motion. I move for approval of PLA 21-32. Evelyn Alvarado Cruz's request for a variance to reduce the required yard setback from 10 feet to the amended three feet in order to construct an addition to an existing house in a single family residential zone on property located at 3848 Niagara Drive, based on the staff's recommendations and subject to the two listed conditions. Thank you, Ms. Carter. Is there a second? Ms. Whitman seconds. All those in favor signify by raising your hand. Looks like the motion carries. Good luck with the project, Mr. Cruz. The next application is PLN VOA 21 days 33, Leslie and John Wayne Scott. Is the applicant present? Where'd they go? I was looking at the list and not the screen. This is a request for a variance to reduce the setback or projection into a rear yard, reducing the setback from 10 feet to 3 feet. Anybody on the board have any questions for Ms. Waynescott? Yeah, I had a question. And Ms. Wayne Scott, how many other additions are there in this, like this next to you or your neighbors? How many pergolas in the neighborhood? Hello. Ms. Wayne Scott, did you hear the question? Ms. Wayne Scott, can you hear us? Okay. Scott. Unmute them and see what happens. Do you hear me? Mr. Barksdale? Yes. I'm Ms. Waynescott's next door neighbor. I'm also the president of the HOA. So I think I can answer that question. Probably 20 plus homes have Pertilas now. And I think that what you read is not correct. The offset is not three feet. The offset is much less than that. there's currently a 13 foot offset or 13 feet from the house and from the patio to the road and I don't think they're asking to extend the actual patio space beyond that so it's not reducing the set back to three feet. Yeah I understand that they're not going to build outside the footprint of the existing property to just requesting a setback to comply with the regulations on construction of this type of structure. Yes, thank you. You got it right. That's right. So, well, thank you, Mr. Barksdale, for that explanation. stay on with us for a second because we're having trouble I think we're having trouble not sure Ms. Wayne Scott can hear us talking to her. Ms. Wayne Scott can you hear us if you can wave or respond or answer we can see you but we can't hear you can't hear you now you're now you're muted yeah she just she just you just muted yourself so unmute yourself yeah unmute yourself there i go there you go now we got you okay can you hear me now Yes, we can hear you now. Thank you. We weren't sure you could hear us, and we didn't hear you. So did you understand the conversation we just had with Mr. Barksdale? Well, I didn't hear the conversation with Gary. Okay. He more or less explained your application to us. so I'm going to ask the board members if they have any questions of you about this proposed construction or this application for a variant does anybody from the board have any questions to Ms. Wayne Scott if so you can ask it now or forever hold your peace yeah Ms. Wayne Scott this is Chad Barksdale Barksdale he answered it but I was just you know these seem to we we didn't get a number of how many other pergolas there are like this that you want to build near you normally if there's something unique and different that would be interesting for us to know but if everything is similar to what the neighbors are doing you know we seem to to be okay with things but I was just going to to hear from you. Yes, we're just going to cover our own patio with a pergola, and it will be exactly like others in the neighborhood. Okay. Do you know how many others in the neighborhood have pergolas? Gary might know that. Okay. You know, there's over 20, I would say. On this street, there are at least six on tradition way and there's others on other different lanes within the neighborhood okay thank you mr barbsdale okay thank you thank you mr needham any other questions from ms waynescott before we proceed Okay. Any other questions to this applicant from the board or from the board to the applicant? If not, what's your pleasure? Mr. Chair, I'll make a move to approve PLNBOA 21-33 Leslie and John Wayne Scott's request for a variance to reduce the required setback for projection into a required front yard from 10 feet to three feet in an expansion area residential zone on property located at 4133 traditional or I'm sorry tradition way based on staff's three reasons for recommending and subject to the three conditions. Thank you Mr. Needham is there a second? Ms. Carter seconds. All those in favor, raise your hand. I see all the hands raised. The motion carries. The project is approved. Good luck with the project. I have a pergola in my backyard on my deck, so I know exactly what it's going to be. Good luck with your project. Thank you. Thank you so much. the uh pln boa 21 days 34 is recommended for disapproval so we will hear that one last on the docket uh so mr chapman we will we will not promote you now but you will be after these two other applications. So stand by. And the next application is PLN-BOA 21-35, Nick Morrow, application for a variance to reduce the required side yard setback from 8 feet to 3. And Mr. Morrow was present earlier. We can promote him. Dr. Morrow and we can also promote Darby Turner. We'll see you both. Does anybody have any questions? Mr. Turner or Dr. Morrow? Hey, Dr. Morrow. I do have a quick question. I was just looking at the plan. Yes, ma'am. Are you removing the current carport carport and those big brick columns no ma'am no ma'am okay no ma'am okay so they're parts enclosed and then we're just adding on correct that will stay as a drive-thru portico share yes ma'am okay so it'll still be there okay okay thank you yeah so design is designed to keep that architectural element fair enough any other questions from the board it looked pretty straightforward to me at least i think so so i had no questions uh so board members what's your pleasure i'll entertain any kind of motion you wish to make Mr. Chair, I recommend approval of PLNBOA 21-31, Nick Morrow's request for a variance to reduce the required side yard setback from eight feet to three feet in order to construct an addition to an existing house in a single family residential zone on property located at 1182 Indian Mound Road. based on the staff's recommendation and the three conditions as stated. That's the number of the cases, 21-35. I think you said 31. Sorry, 35. Thank you. Thank you, Mr. Clark. Is there a second for the motion? Ms. Whitman seconds. All those in favor signify by raising your hand. Motion carries. Project is approved. Application is approved. Good luck with the project. Thank you very much. Thank you all very much. Have a great day. Thank you. Next case is PLN VOA 21-36, Compass Capital. This is the floodplain application. Is the applicant present? I think it's Mr. Kelly, is that right? Well, the applicant for the attendees named Lori Kaley, but earlier when we checked in with EA Partners, it was Al Gross. Correct. Am I muted? That's correct. We can hear you. We can hear you. We can't see you yet, but stand by. We're going to promote you. Well, you've promoted. Mr. Gross, can you turn on your video? We'll see. There we go. All right. Compass Capital. They want to construct a covered patio near a floodplain, but not in it. Any questions from the board to Mr. Gross about this application? That's a mighty big sailfish I see in the background. Handsome, handsome fish, isn't it? It certainly is. I guess you'd call it the big blue sailfish. I think the boat caught it, yeah. Any questions to Mr. Gross? My only question was that this is for the Mexican restaurant? Not that it matters, but I just was curious. That is correct. Okay. All right. Now you can eat there in the rain, I guess. Outside in the rain, yes. Outside in the rain. Only if it's approved. Any other questions? Exactly. Any other questions for Compass Capital and Mr. Gross? No questions? If none, I'll entertain a motion. from somebody on the board. Yeah, Mr. Chair, I move to approve PLNBOA 21-36 Compass Capital's request for variance to reduce the required setback from the floodplain from 25 feet to zero feet in order to construct a covered patio in a commercial center B6P zone on property located at 4379 Old Herodsburg Road based on staff's recommendations and subject to their two conditions. Thank you. Mr. Needham, is there a second? I second. I heard Ms. Carter first. Ms. Carter seconds. All those in favor, raise your hand. Motion carries. The application is approved. Good luck, Alan, with the project. Thank you very much. The last item on the docket is 21-34 Anthony Chapman request for a variance to reduce a front yard setback. And Mr. Chapman, we promoted you. There you are. Yes, sir. I'm here. Since this is recommended for disapproval, we have the staff present their reasons for disapproval, and you can respond to those. Okay. Autumn, if you're ready, we'd like to hear from you. All right. I will go ahead and share my screen so that you all can see my presentation. Okay. There we go. So this is a request for a variance to reduce the required front yard setback from 50 feet to 12 feet in order to construct an addition to an existing house in an agricultural rural zone at 7015 Old Richmond Road. The subject property is located between I-75 and Old Richmond Road here. It's a non-conforming seven and a half acre property containing three non-conforming structures and a non-conforming use. Go ahead and click through here. You can see little bit closer up. This is the house that we're talking about specifically today and it has an accessory garage and then there's an additional house over here. There's also a barn on the property. So the house and the two houses and the garage are all three considered non-conforming structures because they have non-conforming front yard setbacks. The applicant is proposing to construct an addition that will connect the existing house to the existing garage. So again here is where that addition would be happening. In addition to being non-conforming structures, the use of the house is also considered to be a non-conforming use because only one principal residential use is allowed in the AR zone. So because the house to the east, which is the the other house here, was constructed much earlier in about 1900. That is actually considered to be the principal use on the property. So this house is a non-conforming residential use. So the zoning ordinance again this is the portion of the ordinance that establishes the 50-foot front yard setback. But again another issue separate from that, while that is the variance they're requesting, is that they have all these non-conformities going on. So I'll direct you to article 4-2 which says that it's in the intent of the zoning ordinance to permit nonconformities to continue until they are removed but not to encourage their survival and that they cannot be expanded to operate at a greater capacity. So again this is the site plan showing the applicant's proposal for the addition. So staff is unable to support this request because it would result in the continued operation and expansion of a non-conforming use, that non-conforming use being the second residence on the property. That issue of the non-conforming use must be resolved before we can evaluate the variance request for the front yard setback and prior to any expansion of that house. So the options in this case to allow for an expansion of the house would be to again resolve that non-conforming use and that could be done by removing one of the residential structures or potentially utilizing one as a farm employee dwelling unit. If an agricultural use is taking place on this property, the AR zone does allow for a farm employee dwelling unit where a resident of that unit is engaged in and employed as an employee of the agricultural use on the property. The applicant did not indicate that that was the case, but if that was something that they were interested in could pursue that. Otherwise, the option would be to remove one of the structures to remove that non-conforming use. So without either of those options, the structure cannot be expanded. And so again, here's just a street view again of the property that we're talking about. This is the older house and this is the house that we're talking about today that they want to construct the addition to. I'll put that picture back up if you would. Now, let me make sure I can orient that to the drawing. We're looking north, maybe? Yeah. Here's Richmond Road. It's kind of northwest. I got you. Which one is the principal structure? The one on the left? The one on the right. They're about the same size and the one on the right was constructed much earlier than the one on the left. So it would be considered to be the principal structure for the purposes of the nonconforming use and the residential use on the site. Okay. All right. maybe for the applicant, but the addition, is it, say it's connecting this garage to the house, plus going back? Yes, basically we're going to put 600 square foot on the back of the property, the back of that house, and then we're going to connect the garage and the house together. There's a three feet alley that you see right there that absolutely has no use. There's nothing you can do with it. Okay. I'm sorry, I'll go ahead. I interrupted you. That's fine. This is just our finding for disapproval. Approval of the requested variance would represent a circumvention of the provisions of the zoning ordinance. The subject property is a non-conforming lot. It contains non-conforming structures and a non-conforming use. Allowing the expansion to the house in order to connect it to the garage without resolving the issue of the non-conforming use would represent an expansion of that non-conforming use and would be in opposition to the requirements of Article 4, which are related to the regulation of non-conforming uses structures and lots, particularly the intent statement in Article 4-2, which I read to you previously. And I'll stop my share, but if you would like to see any of those images again, just let me know. What is the non-conforming use? The non-conforming use is the second residence. In the AR zone you're permitted to have one residential use. Again, unless it's that farm employee dwelling unit, in which case you could have a second residential purpose and use on the property. So since there are two houses being used as residences, that is what constitutes the non-conforming use in this situation. All right. Thank you very much, Autumn. Mr. Chapman, do you want to respond to Ms. Goddardwish's presentation? Yeah, I mean, the only thing I can say is that basically I'm actually going to move into that residence. And then the second house, which is the 7019, the smaller house, is actually my mom's living in that house now. so the purpose of it was actually for both of us to live on the same property because she is 75 years old so she's getting older and that was the purpose of the property okay is this a farm or is this just a residential piece of property I mean, I have some chickens and I have a few goats. And I mean, it's seven and a half acres. So I call it, yes, it's a small farm. Yeah, that sounds like a farm. Does your mom do work on the farm? She collects eggs and feeds animals. There you go. You see where I'm going with that? Yes, sir. I understand. Sure. does anybody from the board have any questions for Mr. Chapman? Yeah. Hey, Mr. Chapman. Yeah. I think where Tommy's going might be your, might be your best way here. Okay. And you know, I, we were a little bit tied by, it the other way just because it sets kind of a precedence and that's we always are concerned about that but yeah I think I think that that's probably the way to go that's my opinion and I've got a I've got a question for legal if Mr. Chapman wants to go in that direction is what's what is our role in that process Keith if I'm understanding what you're asking this is a we've been I'm sorry we can't hear you Mr. Horner let me see I'm not sure if it's on our end or yours it was a volume no it's still week. My mic may not be working. Yeah we're having we're having some some trouble. Let me see if we can turn up our volume here and see if that helps. Try again. You're you're muted. No. Technical difficulties. Well, without advice of counsel, I think my recommendation, Mr. Chapman, would be to continue this hearing. We can't postpone it because we started it already. would be to continue it and for you to have further conversations with either an attorney of your choice or with the law department here or with the staff here to see if there's some way that we can that you can revise this application or the grounds for the application so you have some chance of success. Otherwise, if we go through with it today, my prediction is that your application will not be successful. So my recommendation, just from the chair, is continue this hearing until you can get perhaps some better legal advice on what to do next. And it may be that you might want to consult an attorney to make sure that you don't make any big errors when this case comes back. And somebody who practices in this area, and I can't name names or recommend anybody, but my recommendation would be for you to consult with somebody who know something about it. I should give you some advice. So with that being said, are there any other questions to Mr. Chapman or to Ms. Goddardwis from the board? Mr. Chair, I'd like to ask this question. Does the fact that these are two separate addresses, legal addresses make any difference in terms of this case? That's a good question. Thank you, Mr. Clark. No, since they're both located on the same property, addressing is something different. It's not just because there are two houses for two separate addresses. They're still on the same parcel. Same owner. Right. Yeah. All right. Thank you. Same piece of land. Same parcel of land. Same deeded parcel of land. So the regulations, the ordinances, I'm sorry, apply to the deeded piece of property. and that's why the two addresses don't matter. So Mr. Chapman, do you wish to proceed or would you like a continuance of this case? I'd like a continuance on this case. Okay. Mr. Chapman has requested a continuance. We will make that in the form of a motion. Mr. Chapman moves for continuance. Is there anybody in opposition to that request from the board, or is the board in support of that request for continuance? Let me put it this way. If you're in favor of the continuance, let me see your hand raised. I see a majority of people. to continue. I'm sorry? I think we'll need a motion. Yes. Mr. Gross moves for a continuance. Is there a second? Second. Mr. Clark seconds. All in favor of continuing this case for 30 days. Raise your hand. the motion to continue carries this case has continued for 30 days and that 30 days so Mr. Chapman you'll be back on the docket on August 9th and and that and we anticipate that that will be in person and not by soon so we'll be in the council chambers hopefully on august 9th and if so we'll see you then thank you very much thank you that includes the cases for today are there any board items that any member of the board wishes to raise i see none are there any staff items that the staff wishes to present mr duncan are you just watching or do you would you do you have oh please oh hi jim mr chair can you see me i have done something to my screen so i can't see anybody else so i hope i am centered we can see you and we can hear you okay very very good thank you sir well as you said mr chair this is our last meeting uh we hope uh by video teleconference and we look forward to joining you all in the council chambers perhaps i believe this will be Mr. Walker's first meeting with us in the council chambers. We look forward to seeing you all next month in the council chambers and we'll carry on as best we can. Thank you very much. Thank you, Mr. Duncan. I can hardly wait. Our next meeting date, hopefully in the council chambers will be August 9th. And if there's no further business, I will declare this meeting adjourned. Thank you very much. And Harry, you and I need to get together and talk. Thank you. You