Oh-oh-oh-oh-oh-oh-oh-oh Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh I want to get out I want to get out Am I blue? Yes, I'm blue It started today I lost you Nobody ever missed somebody like I do Am I blue? Am I blue? Just this morning Overcaught me I sat there crying Cause you're gone, long gone I didn't know just how much I was gonna miss you Till I spent my first night alone Am I blue? Yes, I'm blue How could I have been such a fool Now look at all the misery I'm going through Am I blue, am I blue I'm sorry. The quarter hot dogs or the dollar beer nights, but just all around, even just coming in for a night out at the park with the family, it is something that is accessible and affordable for all of us. And that's greatly appreciated from a community perspective. But everything you all do in the community, I want to note to our viewers that this is much appreciated from our city. You know, you guys don't have to do some of the things that you partake in, some of your donations and giving back to our community. So I want to give this opportunity to say thank you for that. I really appreciate it. I mean, that's it's I think it's in my personal DNA. I think it's in our company. I know it's in our company's DNA to really give back everything that we can and then some. And always every single year, every single day, figuring out how we can do more, how we can reach more people, how we can, again, share this community, share this ballpark to as many people in the community as humanly possible. And when I say community, it's certainly Lexington. It's certainly central Kentucky. It's eastern Kentucky. It's southeastern Kentucky. It's the baseball community. It's, you know, all sorts of people. That's what is so amazing about this ballpark is that there is something for literally everyone. There sure is. Well, with that being said, I'd like to cue into what tonight is, being the kids night with the legends. This is something that we did just a few years back before the pandemic, and we had started it in partnership together. And I, again, greatly appreciate that. But it was a night for kids to come out to the park who haven't had the chance to experience being here before. And we had a great turnout from previous events. Kids get to come out, have an opportunity, as you see over here with some kids on the field. meeting with some of the players and shaking hands and learning their life experiences. But this is a first of three. Since we didn't get to do one last year, Andy and the legends were very fortunate in sharing that we were going to do three this year. So tonight is the first, and the second one will be on August 3rd. Game will begin at 7 p.m. Got it. And the third one will be on September 7th, also at 7 p.m. And it's quarter hot dogs for those three nights. So we hope to see the stands filled and out here purchase some of those shirts and merchandise and support our local team. Awesome. I appreciate it. And more the merrier. I mean, hopefully we can have 5,000 kids out here each one of those nights because, I mean, I know that's what it would be such an amazing experience. And it always is no matter what the number for the kids, but also the players and the staff and the, you know, the people that are even that are working the concession stands. I mean, the more kids especially, but the more fans and the more support, it just breeds off of one another. And, I mean, we're very grateful and, you know, again, really excited for tonight, but definitely really pumped for those next two games as well. Well, if we can get the 5,000 youngsters out here, we might have to get here a little bit earlier in the night. You can do that in two days, right? I mean, you can make that happen. So, no, it's, I mean, whatever the number is, of course, but just for everyone to know, it's for everyone, and that's what makes it so fun. Andy, thank you. Appreciate you being out here and allowing us to join you this evening. Thank you to our viewers and the Lexington Legends for hosting us here this evening. And stay tuned for our next comes a comment. Who says you can't go home? Who says you can't go back? Been all around the world and as a matter of fact There's only one place left I wanna go Who says you can't go home? Thank you. Thank you. Thank you. ¶¶ Oh, my God. Thank you. Thank you. Thank you. Thank you. Thank you. Good afternoon, everybody, to the August Board of Adjustment hearings. First off, I'm going to recognize Mr. James Duncan, head of the Planning and Zoning Department. Mr. Chair, thank you. Members of the board, it's good to see you for this, our first meeting in the council chambers together since March of 2020. For some of you, Mr. Walker, this is your first time to be in here, I believe. So we're glad that you're here, and we certainly appreciate the boards, the applicants, and the citizens' indulgence over the past year plus as we made alternative plans to do the business of the Board of Adjustment. And we would also ask your patience today as we sort of oil the hinges and get used to being back in the chambers again. aware that we are still in tumultuous times we will commit to remain in communication with you with our applicants and with our citizens if new information comes forward but for now we welcome you all to the chambers and we wish you a good meeting thank you thank you Jim and welcome everybody to the Board of Adjustment hearing for August our first time back we have a good relationship with our staff they do all the work and we get all the credit and that's I can't think of a better relationship than that so like Jim said we're this is the first time we're back in person so everybody up here is still wearing pajama pants you can't see that but we'll try to get used to it so I've called a call a meeting to order the hearings to order and the first item of business is the approval of the minutes. I just signed them, and Joan is going to sign them when she's available. So has everybody read them? And if so, I'll entertain a motion. I move to approve the button. Yeah, don't forget the button. I move to approve the minutes. Thank you, Ms. Carter. Is there a second? Second. Thank you, Chad. it there's the motion's been made and seconded by miss carter and mr needham all in favor let's see if we can figure out how to vote here electronically there we go there we go all right looks like it's unanimous mostly there you go motion carries thank you everybody the next item of business is swearing the witnesses anybody who anticipates that they may testify in the hearings today please stand and raise your right hand do you all solemnly swear to tell the truth the whole truth and nothing but the truth all right thanks you may have a seat i will now sound the agenda which means calling a docket i will go through all the cases the ones that are uh that are unopposed will be on the first uh part of the docket the ones that have any controversial issues or any if anybody wants to speak in opposition to uh the application we will hear you last this should be a this should be a quick docket today quite frankly but we'll We'll go through it and see how it goes. I will call each case in succession, and we'll hear the unopposed ones first. And the first application on our agenda is PLNBOA 21-34. Anthony Chapman is the applicant present. Mr. Chapman is present. Is anybody here to speak in opposition to this application? Hearing none, Mr. Chapman, you'll be first. Have a seat and we'll call you when your case is ready. Second case, a variance appeal is, I'm sorry, yes, a variance appeal is PLN BOA 21-37. Wendy Jo Holmes, is the applicant present? Yes, sir, applicant is present. Is there anyone here who wishes to speak against this application? I see none. have a seat and we'll call your case second the next one on the docket is PLNBOA 21-38 Corsair Thoroughbreds LLC is the applicant present Corsair Corsair Thoroughbreds LLC anybody here for Corsair we'll give them a little time it uh it rained pretty hard a couple of minutes ago the first conditional use appeal is pln boa 21-39 arcadia company llc is the applicant present yes mr chairman now approach the podium sure uh mr chairman ladies and gentlemen of the board my My name is John Woodall. I've recently been retained to represent the applicant in this matter. Due to continuing education requirements, they could not be here today. I've just learned today that there's going to be opposition to this, although it's recommended for approval by your staff. So I would move postponement to your September meeting, if that would please. Thank you. Thank you, sir. Let's see. Mr. Miller, you're here in opposition on this case, are you not? Yes. I hear from you. Thank you. I've got witnesses here that have taken time off work. We're here that there's nothing new that they can add, I don't believe, and we're ready to be heard today and would very much like to be heard. Thank you. Thank you, Mr. Miller. What's the board's preference? Does it help to know the nature of the opposition? Is it something we can have a... No, we've never... Today's the first we've been made aware of it, frankly. So that's why I'd like that time to try to see what the opposition is, see if we can reach an agreement. Maybe we can't, but otherwise I'd like to have my clients here. It might be helpful for you to tell us what is the nature of your opposition so we can rule on the motion. Thank you, sir. We filed an opposition on Monday, so there's been ample time for the applicant to find out what the issues are. We have 50 to 60 horses in a field that surrounds the school, and it'll be a significant disruption to the horses and actually create a dangerous condition for the horses and for the people that are handling them. We have 72 cars with kids coming into and out of the school every day. We've got 10 adults coming in and out. There will be various vendors coming in and out. And as the board members know, this is where Tate's Creek goes from four lanes to two lanes. I went out there the other evening and it's like a speedway. Cars are going very fast and you're talking about an unbelievable traffic snarl. Okay. Well, let me ask you, Mr. Miller, what witnesses do you have here today? How many? And where are they from? I have three and they're all from Lexington. Okay. Let me hear from the applicant. I would just say, Mr. Chairman, I checked a SELA this morning. There was no opposition uploaded into the system yet. I don't believe Mrs. Wade has seen one either. So I can't respond to what I haven't seen. We don't typically add any opposition to a SELA. Typically, if the applicant is interested in that information, you can ask us for it ahead of the meeting. But otherwise, we don't provide that information directly to the applicants. The board members do not receive it until the hearing today. So they are just now seeing it as well. That's just sort of our operational. I would simply ask that for the courtesy of having this push to September so that my clients can be here and we can make our case to you. Thank you, John. I think I'll let the board decide. We'll take a vote. We rarely have a contested vote to postpone. so I'll let the board decide. I'll entertain a motion one way or the other. I move to approve the postponement of PLN BOA 21-39, the Arcadia Company LLC's request for conditional use to establish a school for academic instruction in an accessory nursery school in an agricultural rural zone on property located at 5768 Takes Creek Road. Second. Thank you, Ms. Carter. Is there a second to that motion? Mr. Clark seconds the motion. All those in favor will vote electronically. The yeas have approved the motion to continue. We'll continue it to the September hearings, and that should give you all sufficient time. And I think the board would like to hear from both sides, so we'll continue this until the September hearing. Thank you very much. Thank you all. Thank you. The next item is PLNBOA 21-42, Bleed Blue, Inc., LLC. Is the applicant present? Applicant is present. Thank you. We will hear you probably fourth, perhaps fourth. Next application. Sorry. Oh, sorry. Yes. Is there any opposition to the tattoo parlor application? Any opposition in the courtroom, the hearing room? I see none, so you will be next on the docket. the next application is pln bo8 21-43 anderson village at great acres llc is the applicant present mr murphy is present is there anybody who wishes to speak in opposition to this application present in the room today i see no one to speak in opposition mr murphy so you'll be the next The last item on the docket is PLNBOA 21-41 Farmers Feed Mill, Inc. Is the applicant present? Yes. Applicant is present. Is there anyone here who wishes to speak in opposition to this application? Mr. Glover, on this one I know it will be heard last, but I have some comments to the finding of facts for the approval. I'm sorry? I'm going to have some comments to the finding of facts if we do move for approval. Okay. We'll hear from you at the time. We hear it. Thank you very much. You'll be farmer's feed mill. You'll be last on the docket. So. Oh, yeah, Corsair. Did Corsair come in? I'm sorry. Let me do that again. PLN BOA 21-38 Corsair Thoroughbreds LLC. Okay. Mr. Clendon, let's wait and see if they show up. We'll put you at the end of the docket. Don't let me forget it. and we will see if they show up before the end of the hearing. Thank you very much. Thank you for that. Okay, the first hearing is PLNBOA 21-34, Anthony Chapman. Mr. Chapman, come on up. Mr. Chairman here. I'm Robert Ryan. I'm just here on behalf. Don't expect to give testimony, but just here on behalf. Thank you, Mr. Ryan. We have read the staff report on this application. Does anybody on the board have any questions for Mr. Chapman or Mr. Ryan about this application? No questions. I'll entertain a motion. Well, real quickly, Mr. Glover, do we want to put on, maybe, did he say he would abide by the conditions on the record? I didn't ask him, but if he accepts the application, he's bound by ordinance. Yes, he does. Okay. Okay, Mr. Chair, I move to approve PLNBOA 21-34, Anthony Chapman's 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 AR zone on property located at 7015 Old Richmond Road based on the staff's three reasons for approval and the three following conditions. Thank you, Mr. Needham. Is there a second? So moved. Thank you. Mr. Gross, motions made and second. All those in favor indicate by voting electronically. It's unanimous. The motion carries. The application is approved. Good luck with your project. Thank you very much. The next variance application is PLN VOA 21-37, Wendy Jo Holmes. Applicant present. Come on up to the podium. Thank you. Are you Mr. Holmes? Thomas Daly. Okay. What is your name? Thomas Daly. Mr. Daly. does anybody have any questions for mr daly about this application to reduce the front yard setback i had one question you um it looked like it was already constructed is that is that the case i started and i i didn't know because it was just the roof line and the porch I was just closing it in. I didn't know that I needed it, but I stopped as soon as they told me. Okay. I haven't done anything since. But it would be, I have to, the recommendation of the building inspection, I have to adjust some things. Okay. Yeah, it looked like it kind of taken a pause there, but I guess this was the reason. No, I think as long as that plane is the same, which I would agree with staff's recommendation for approval. Any other questions for Mr. Daly while he's at the podium that he can answer? If none, I'll entertain a motion. Mr. Chair, I recommend approval. LNBOA 21-31, Winnie Jo Homes, LLC, request for a variance to reduce the required front yard setback from 30 to 10 feet in order to enclose the existing porch within the defined infill and redevelopment area in a single-family residential zone on property located at 860 East Loudoun Avenue, based on the staff's recommendation and subject to the two conditions as expressed on the form. Thank you, Mr. Clark. 2137, is there a second to the motion? Mr. Needham seconds. All those in favor, signify by voting electronically. Motion carries. Application is approved. Good luck with your project. Thank you, President. Consideration. Okay. PLNBOA 21-39, the Arcadia Company. Oh, that was the one we postponed, sorry. The next one is PLNBOA 21-42, Bleed Blue, Inc., LLC. Applicant is present. Come up to the podium, if you would, please, sir, and identify yourself. Mr. Chair, I will note that we received a number of letters on this one, and those are available for you all to view on your screens currently. They were uploaded as attachments rather than us passing them out this time. Thank you. I have a question. Tell me your name, please. Ronnie Barnes, the owner of Blue Blue Ink. Mr. Barnes, do you have to be licensed to be a tattoo parlor owner? The shop itself, the parlor itself, has to have certain licensing with the health department and then each individual tattoo artist is also licensed by the local health department. And how long does that license last? A year. they're all each license is 12 months and renewed every 12 months so you have to get recertified or re-licensed or every year okay yeah and if the artist actually if an artist moves shops then they have to transfer their license and if they go to a shop outside of the county they have to file a new license in that county okay fair enough questions for the applicant yeah you know this doesn't really matter i'm just curious about where the parking is for that building um so there's very limited parking uh parking so across the street next to the bank of the bluegrass is a public uh city's public garage there's parking there and then after 5 p.m monday through friday and all day saturday and sunday parking directly across the street is open and then there are parking on the sides of the street as well one beautiful thing about downtown location is most patrons that come downtown understand that parking is very limited any other questions If not, I'll entertain a motion. Mr. Chair, I move to approve PLNBOA 21-42 Bleed Blue Inc. LLC's request for conditional use to establish a tattoo parlor within the defined infill and redevelopment area in a Lexington Center business B2B zone on property located at 102 West High Street. based on staff's recommendations and subject to the two conditions outlined by staff. Thank you, Mr. Needham. Is there a second? I'll second. Ms. Carter seconds. All in favor, indicate your vote electronically. Everybody's voted in favor. The motion carries. The project is approved. Good luck. Thank you. The next item on the agenda, Mr. Murphy, is PLNBOA 21-43 Anderson Village at Great Acres, LLC. Mr. Murphy is already at the podium. Mr. Chair, we did receive, I believe, three letters on this application that are available on your screens. Mr. Chairman, I'm Dick Murphy. I do represent the applicant, Anderson Village at Great Acres LLC, and we do agree to the seven conditions that the staff has set forth. Thank you, Mr. Murphy. Why do you need to establish a parking, Why do you need approval to establish a parking right on the inside of a business zone? Well, we are in, actually, the parking lot is in an R3 zone right next door to the business zone. And we've had some minor change shifting in uses in buildings. And the ordinance says that you can approve, rather than us getting a zone change for that small parking lot, the ordinance gives us an opportunity to ask you for a conditional use permit to use a part of that R3 for parking for the business use, as long as it is immediately adjacent to the B3 zone, which we are. There's about six conditions in Article 16.3 that we have to meet, and as the staff has mentioned in their report, we do comply with all of those conditions. Yeah, it looks like about two feet is in the business zone and the rest of it's in the presidential zone. Any questions for Mr. Murphy? If not, I'll entertain a motion. Mr. Murphy, I mean, we just read one of these concerns here. I mean, I don't think it's really – one's about a stormwater kind of flooding issue. Is there anything to speak to on that? Yes, sir. I did see those letters this morning. And is Elmo operating here? Can I put this up on Elmo? I did look at that because they were concerned about flooding situation. situation and there is floodplain in the very rear of the overall development. This is the, it's about a 50 acre track. It's the former Great Acres Nursery, as you all know. And the, this little box in the middle, that was Mr. and Mrs. Greathouse's house. and they wanted to live there after Mr. Anderson started purchasing the property. So that's why you see a separate lot there. Now they have since decided to move off, and Mr. Anderson has bought that, so this box doesn't really mean anything. But what I did on this exhibit, I drew in that black X on the property. Now I'm not an engineer or surveyor, but as I was trying to locate the parking lot, which is before you today, which is located where that black x is now the flood plain is all in the rear you can see this is the red cross hatched is the floodway and i think the blue is the flood plain on either side of that so it's a good distance from this property we this parking lot which is before you does not really impact the the flood plain just so you do know however we are have been through a zone change two development plans we have another development plan in front of the planning commission this flood plain has been reviewed by fema the army corps of engineers and extensively by the city's division of water quality we are complying with all the storm water manuals on this we're required not to we cannot raise the level of flooding above the elevation where it is today on it. Now I will point out I did see some of those pictures that were sent to you. This is a floodplain. It does flood and it's that's what a floodplain does. It does flood. What is a floodplain? Pardon? What is a floodplain? Floodplain is where the Corps of Engineers or FEMA has determined that it's a stream will regularly leave its banks and flood, and that is mapped out here. This is the, I took this off the PVA. The PVA now has an overlay you can click on to show the FEMA floodplains. So this is the FEMA floodplain on the property. We're over here. We don't, this lot does not impact the floodplain one way or the other. But I wanted to let you know we are well aware of the situation. We have had this has been under review and will continue to be under review as we continue the development of this property. Mr. Murphy, let me just say the water from that parking lot has to go somewhere. So how does it drain? Well, as I understand it, and again, I'm not an engineer, okay? We can tell by the X on the board that you're not an engineer. here. I've overstepped my abilities by putting the X on this right now. But it does go, this, there's an existing pond on the property back, back here where the red stripe is, that is an existing pond. Now, Anderson Communities is going to use that pond for part of its retention, and there will be some additional retention as well in that area, which will be constructed by Anderson Communities. I understand most of it's going this way, but I'm not, It's a big piece of land. I don't think it all goes that way, but we are required to account for that as part of our development plan process through the Planning Commission and through the city. And the city is certainly on top of that, as are the other two agencies. Thank you. Mr. Murphy, let me ask you one more quick question. And just a clarification for me that the parking is in R3 and the commercial use is in B3. Yes, sir. Is that correct? Yes, sir. All right. That's what I wanted to be sure. We've separated this lot out, so we don't want people going to the restaurant here. You probably read in the newspaper it's going to be a Ramsey's restaurant. We don't want people going through the apartment parking area to look for a space. So this particular piece on the R3 zone is isolated among itself. So you get there from the commercial areas. It's not directly connected to the residential area. Thank you, sir. Any other questions for Mr. Murphy? that's such an odd boundary line it's I don't know how those boundaries are drawn between the zones but it's just a it's looked like it looks like that that B3 was carved out of the residential zone was that was that the case well this was all agricultural originally right and when we came in for the zone change Dennis Anderson had planned out where the where the commercial would be that was I think six or seven years ago and the plans have changed as he's talked to tenants in here just trying to fit off fit all the pieces in we needed the additional parking the we want to keep the area in front there's a little green area where Dennis is planning on that being the village green in the b3 zone so we don't want to park in that area to be a be the sort of the entry feature into the area and so we wanted to put the parking behind the commercial buildings understood any other questions for mr murphy if not i'll entertain a motion Mr. Chair, I move approval of PLN BOA 21-43, Anderson Village at Great Acres LLC, requesting Chris for conditional use to establish a parking area accessory to commercial use in an adjoining business zone or property in a planned neighborhood residential R3 zone on property located at 2731 Lee's Town Road, based on the staff recommendation and seven conditions as listed. Thank you, Mr. Clark. Is there a second? I'll second. Thank you, Mr. Needham. Motion is made and seconded. All those in favor, vote electronically. It's unanimous. You win. Thank you all very much. the project is approved good luck thank you the next item on the agenda is pln boa 21-41 farmers feed mill inc is the applicant present come on up to the podium please sir Good afternoon. Good afternoon, Board. State your name, please. I'm Brandon Hurt. I'm Jared Pendleton from Farmer's Feed Mill. Thank you, gentlemen. I understand this is a unique application. and they haven't had one like this before, application for a solar array. So, welcome. Thank you. I'm in favor of this project. I know I'm supposed to remain relatively neutral, but I think this is a great idea, great use. So we're asked to determine whether it's appropriate under the light industrial zone as other industrial and manufacturing uses. Any questions for these gentlemen while they're at the podium? No, Mr. Glover, I do. I need to get used to, is that a good sound? Yeah. Okay. Yeah, I've got a couple questions. Would you walk us through what the KU program is? And then what, it appears to me that, and I think this is how almost they all work is, anything excess goes into the, I guess, I don't know, the electric grid. Yes. And you guys get paid a reduced amount compared to what you used to get paid for that. And so I want to talk about this. I've read the report. I'm supportive of the application. But my main thing is just looking at the findings of facts that the staff has given us. I want to make sure I agree with those. Sure. Can you say again your last, the first part, you just said solar system, is that what it was? The system, you said something system. No, I said, explain to the program, KU program. Got it. And how it works. Not exactly, but kind of give us an overall broad generalities of what this program is supposed to do. Sure. How you're implementing it at your site, just so I have personally a little bit more knowledge before I comment on some other things. Sure, no problem. So the way that KU does it, they don't, they used to do what's called net billing, which is where they would pay for excess kilowatts produced. In this case, because we're designing a system that's only 60% offset, there won't be a lot of excess that's sent back to KU. However, whatever excess is sent back basically rolls the meter backwards. And so they, they hold it kind of what I call a, a kilowatt piggy bank. So they hold those kilowatts until winter months, and after that, then they can tap into it. So it's really just a give and take. It's kind of an ebb and flow of electricity. On summer days when they run out of solar power, what they'll do is they'll tap into their grid power and start consuming from them. So eventually it evens out to a 60% offset. So no longer does KU actually pay out or pay somebody a check for kilowatts in excess. And I think, and my understanding is, most people, I think, unless you have a battery backup system, there's a good chance at any given day somebody may produce more kilowatts than they need and goes back into the grid. Absolutely. Okay. And I think that's why I have questions for the staff on one of their sentences. Okay. Any other questions from the board? I have a quick question. I'm also very much in favor of this project. It's a model for our community, I think. It's excellent. I am a little concerned about security, and I know you proposed a fence of some kind. Describe the security, because that's obviously going to be very important to you folks. Sure. I'm going to pass that to Jared since he's. Okay. So security, we already have pretty tight security for all of our elevated areas, and this project will all be elevated. So all the ladders and access to the roofs already have locks and cages in place. What about on the ground? On the ground, that's part of our planning process, is we're going to have to look at some sort of fence, because like you said, security is going to be an issue with all the solar panels and infrastructure in place. Yeah. It seems like to me that the kind of fence and the safety of the equipment is going to be really important. So obviously that's something that we would be concerned about, but certainly it's a great project. Thank you. I do think it's a great project. I was curious, the piece of land that the panels will go on, the lower land, is that a floodplain? yes currently this oh it is okay so you can get approval to put solar panels in the flood plain yes we're gonna we'll have part of the process is uh we will get approval from civil engineers and whoever else has to be involved to make sure that what we're putting in there will will be suffi will suffice yeah yeah no i think it'll like make a nice additional look there to loudon Hopefully it pays you well, too. It's in your jurisdiction, isn't it? It is, yeah. I'm jealous. I'll give you my card after this. All right, sounds good. I have a question for staff. There are no conditions in the staff report. It's the first time I've ever seen one with no conditions involved. Don't they have to get a building permit or something like that? So in this instance, the question that's before you is whether or not this is a principal use in the zone. So principal uses cannot be conditioned. They're not uses that you typically would see. They're just automatically permitted. So if you were to make the decision that this is a principal use per Article 8-22 before other industrial and manufacturing uses, they would simply move forward through the permitting process. Gotcha. So we just get to vote up or down on this one? Right. That's good. That makes it easy for us. Well, I'm going to make it a little bit more difficult, Tommy, for you. I'm concerned, and this is really just for staff, that this is a – I'm concerned we're chopping off and making this a very limited use of solar panels in the future. My concerns are the third line down that starts with solar arrays that are installed to generate electricity beyond what is needed for private use to serve a commercial purpose. I wasn't sure what that meant. Are an industrial use and not appropriate non-residential zones. I think that there's a good chance that any solar system is going to produce more power than it needs for its own private use. I think that's just how it works. Some days you put more into the grid. Some days you take more from the grid, and I'm concerned that by saying that, we're locking in a lot of things. I'm also concerned, like, for example, what if I have a restaurant and I want to put solar panels on my roof? Is that now an industrial use if I automatically generate more into it? So that sentence concerns me. And then the next sentence that says this use best fits, I don't like the word best. I think it does fit within industrial use, but I've seen these solar panels around the country, and they're not in industrial areas. They're generally in agricultural areas. So I'm not sure. I'm not comfortable saying this is the best use. I don't want it necessarily in every parking lot in the city, but personally with me, I want to narrow our findings of fact some more. I know I saw, I believe, the Planning Commission at a work session. I can't recall when. And at some point in the near past, the discussion of what to do with these was brought up. And I think it's really up to the Planning Commission, the city council, to make a policy decision. So I'm supportive of this, but I would like to delete that one sentence and that one word. And to say we agree that, yes, you want to do these projects, industrial, go for it, get your permit. but i'm not willing to say it can't not be used in any other zone in the city at this point i think what we were trying to differentiate between in those in those sentences um in this recommendation are that that solar arrays can be used primarily as a as a commercial um to suit a commercial purpose for a profit um and and that's something that's different than an accessory use and you're right you may your accessory use may be that you are producing more than you specifically need but but it would still be accessory to your primary use on the property. So there, as a feed store, or feed mill, I'm sorry, that's still going to be their principal use, regardless of whether they were producing a small amount more electricity than they needed. So they're falling into that accessory category, but we're also sort of looking to the future as to if someone just had a piece of land and wanted to just put solar arrays there and have that be the principal use of the property, where that would be appropriate and we think that it is certainly appropriate in the light industrial zone you're right it could be appropriate in other zones as well and that's not really a conversation that we can have today i don't think because because you're correct that that is something that the council and the planning commission will need to discuss and the zoning ordinance will likely need to be updated at some point yeah but based on the parameters that we currently have and in this category of other industrial uses um we believe that this does fit into that category And I agree with you, I just don't like, I'm concerned that us saying our industrial use and not appropriate non-industrial zones is us finding a fact of something that's not really before us and that may limit other people coming before us and making similar arguments until the city council makes this determination. That's my concern is, and it best fits into the category. This applicant's use best fits into that if they want to say something. I'm just concerned that this is too broad of a statement, and I want to narrow it to this application regarding industrial. And so I don't know if we need to take a break, and you and Tracy and Tracy and I discuss this. I'm not sure maybe no one else cares, and I'll get voted down, and they want to move forward with as it is. no i agree um i was it took me a minute to catch up but but what we're what your concern is that we'd be making decisions based on this wording on cases that haven't come before us yet and we really want to leave that to those individual cases okay i'm with you i understand that i understand that i think it's uh i tend to agree with you uh i uh uh since since non-industrial non-industrial zones are not before us this language seems to preclude a consideration that's really not in this application i think i understand that uh autumn do you yeah i think we can take a few minutes and and take a look at making some changes to that language and then we can put it up on the overhead so that everyone can see it and we can go from there. Let's take a 10-minute break. I have one more question before you break. So just so I'm – what are the other zones besides, say, I-2 and ag that would be able to have – that have it currently? I think the issue is that the zoning ordinance is silent as to this particular industry, and it needs to be addressed. And so I don't know. I mean, it could be agriculture. It could be I-2. It could be, well, I too would fall into industrial, of course, but it could be shopping centers, B6P. I don't know. I'm not sure where else it would fall, but the arguments aren't being brought to us. Normally I like black-letter rules of yes or no, but in this instance I don't think other property owners in different zones have an opportunity to speak on their position. And so I don't want to make a ruling on them until they come before us. Hopefully, though, the Planning Commission and City Council will take care of this before it comes back. I think your comment's well taken, and I think it's something that hopefully we can work out here. Let's take a break and – yeah, yes, sir. Sorry, I'd like to add something. This is actually something that keeps coming up as we talk to other customers who want to implement solar. For example, just today I had a meeting with a very large manufacturer. I can't disclose who it is, but they manufacture large trucks, things like that. And I'm not sure what zone they're in, but I feel like no matter who I approach or who we talk to or who we're consulting with, I feel like as much as I want to see you guys every month, I think it's going to keep coming up because each zone has got their own discrepancies or I shouldn't say discrepancies, their own specifics. And so I would like to know also how we can mitigate that and how we can work through getting some of these in there so that it's a lot easier process in the future as opposed to coming up before you guys ever do. Yeah, well, that's city council. That would be a text amendment. You could file an application with the Division of Planning for a text amendment to make changes to the zoning ordinance. And to that point, it is a use that is not listed specifically in the ordinance. and in these other zones that we're discussing currently, there is not a use like other industrial and manufacturing uses where it would fit in today. So it would automatically be prohibited in those zones. Yeah, so we're all new to this. You might not be, but we are. So, yeah, let's take a break for 10 minutes, and we'll reconvene at 2.30. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Okay. We have reconvened the Board of Adjustment after a 10-15 minute break there, and I understand that there may be some new language recommended to change what I guess are the findings of fact either to narrow it or broaden it what say you mr. Gross this I think the staff has addressed my concerns I'll let Otta mentioned that a couple changes that she made and then they also point out to me that if you look at the principal uses in the other zones just by looking at the text it'd be hard for someone to justify that a solar panel you know is is in those zones so um i feel comfortable with the language as proposed but i will let um autumn give us a give us a minute to read it it's on the screen Thank you. How do you propose to incorporate this into the staff report? I would propose I'll make a motion adopting this as the reason for approval. Okay. And real quickly, I guess, since I'm already talking. So the two things we look at is this is really an issue of whether solar arrays are a principal use within the I-1. and we're going to be saying yes they are a principal use if they serve a commercial purpose and then also tweaked the end to make it clear that even though on any given day someone who has solar panels on a building or somewhere else in another zone wouldn't be considered industrial if the if it's primarily intended to generate for that particular use so if i put it on top my apartment building even though i generate more electricity than i need and principally to generate electricity for my apartment building then that's okay but i can't go and put a solar farm in the front of my apartment building and send it into the grid without it serving my purpose so i felt comfortable talking with staff everybody read that language okay okay all right do you have a motion mr gross i do sir um i hereby move for approval of plnboa 21-41 well let's say here actually should we make sure the applicant is okay with what we do for the record i think that's that's fair mr hurst mr pendleton You've read the language. Are you, does it suit you? Yes. All right, thank you. In that case, then I move to approve PLM BOA-21-41 Farmers Feed Mill Inc.'s request of an administrative appeal to determine whether solar arrays are principal use under Article 8. Sorry, I don't have my glasses on. 2-2-B-4, Other Industrial and Manufacturing Uses in Light of Industrial Zone, on property located at 251 West Loudon Avenue, and I approve the appeal based upon the revised findings of fact that we were shown on the overhead. So moved. Thank you, Mr. Gross. Is there a second? I'll second. Who second? Mr. Clark? Mr. Clark seconds. But before we vote, I have to ask, Farmer's Feed Mill, Inc. doesn't seem the most accurate name for a company that's producing solar arrays. Explain that to me. Farmer's Feed Mill was our original name by our founder. Typically now we go by Hallway Feeds, but we are producers of high-quality equine feeds that are shipped all over the world. So this is just a hobby for you. This is to help offset our electricity costs. All right. Thank you much. Motion's been made and seconded. All those in favor to vote electronically. Motion carries. The project is approved. Good luck. Thank you. Thank you so much. And Mr. Chair, I'd like to thank the Tracys and Autumn for working through the issue with me. Absolutely. Thank you very much. As usual. The last item on our agenda is PLNBOA 21-38 Courser Thoroughbreds, Inc. is the applicant present. Mr. Dunn, come up to the podium if you don't mind. Identify yourself for us. Anderson Dine. any questions from the board to Mr. Dunn well I mean we went over the farm the entire front of the farm is flood zone the back is the back left part is flood zone and the rest of it is running hills the spot we asking for is the only feasible place to put it. Okay. Have a seat there in the front, if you will, where there is some opposition. Have you talked with the opposition? Just a second. I got blindsided this morning. I was supposed to be off. I was sitting on the couch. I understand. Mr. Clendon is going to come up and speak for the opposition, and he has a well-prepared lengthy proposal and all that stuff. I'm sure he's going to try to... I'm sure I'm going to do much briefer than you anticipated, Mr. Chairman. I do need the little thing to advance the deal, though. Thank you. Thank you very much. Okay. I even got the pointer from Mr. Murphy, my partner, so I'm in good shape. Tell us, Mr. Clendon, who you represent. I'm sorry. I represent Joe Navarro. He is the adjacent property owner, and I believe the address is 4220 Bryan Station Road. It is contiguous with the property owned by Corsair Thoroughbreds. That's that gentleman standing there next to Mr. Murphy. He is opposed to this. On the other side of Bryan Station? It is. They are, I think, adjacent. They're continuous. There's just like right one next to next to the other. They're two separate farms, and they share a long property line. All right. That's the very nice fence that's there at Courser. Just real briefly, my understanding based on the information that I have is that Corsair is 160 acres and more and change, and it's zoned in AR, and it's a horse farm. Summary of their request is that they are trying to obtain a variance to place a mobile home. Now, based on the fact that it's a mobile home, that's covered under Article 10 of the zoning ordinance, and it requires that a 300-foot setback, which is why they're here, their argument and their justification is there's no place to put it 300 feet back, and they're requesting a variance of the setback from 300 feet to 60. They say there's no other place where it can be placed outside of the floodplain. At least that was in their justification statement. Okay, this is the article that I cited. You'll see underneath it's highlighted. no mobile home shall be located closer than 300 feet to any property line. Okay, this is an aerial view. I got this pictometry map from Mr. Martin, and the blue obviously is the floodplain area, at least according to the city, the urban county government. I'm going to use this. This is the subject property here. this is my client's soon to be my client's property he has it under contract but they do share this common property line here now where is brian station road brian station road runs along here okay mr chairman right there and what where i couldn't tell from the i well i couldn't easily tell where's the new building going to go okay i've got actually a slide that i think will cover that this is an aerial view on of the two properties side by side and you see the subject property with that kind of mint blue green area and i've zoomed in on it so you could get an idea of it and then i'm going to go to here for the next slide okay if you see where now i'm not an engineer we know however if you see this blue dot here I did place that there based on the map that I was provided by staff miss Goddard wise I think this is approximately where they're proposing to place the mobile home and you see where it is in connection and context here with the property line I'll ask miss god or weiss to confirm that if that that is generally the location on your site plans that you all have it is item number three labeled it's the small box labeled as number three it's actually a little farther back but yeah you're it's really i'm in the general area okay now i i placed again not being an engineer i placed this red dot here because i thought this is one of many places and this is just a guess a supposition on my part but based on what they put in their application it seems to be that they wanted to have this along this private road that's on their property and i understand that my understanding is this is the main residence of the property owner and this is the barn i'm assuming there's a septic system somewhere servicing this being residents and and the utilities coming mr. down we'll let you we'll let you talk after he finishes you okay and and so what I'm saying is this is one suggested area where we wouldn't need a variance if they're able to place it here it's I think more than 300 feet from the property line it's along the private road and I'm assuming that it could connect to an existing septic system that's one that may be servicing this maybe they would have to expand that or put an additional one in there I don't know but if we want to keep it along the road we can place something here we can maybe play something here play something here maybe something could be placed on the other side of the of the driveway or the private road I just think that in this particular instance there's a variety of places that they could place this outside of the floodplain, which I admit takes up around 30%, that's an estimate on my part, of the property. But I don't think they need a variance if they have an alternative in which they can place their property, nor do I think they should qualify for one. And these are, you all are aware of this, I just wanted to point this out. So as a reminder to me, these are the factors that you need to consider. Now, factor C doesn't apply. We don't assume or presume that they've done something here prior to coming before the board to say, hey, we want this after the fact. We're not making that argument. They are coming ahead and front of doing something and not coming after the fact. so we're not alleging that. But we don't believe there's any special circumstances here that do not generally apply to the land in the general vicinity or the same zone. If we come back to the map, I mean, there's floodplain on my client's property, here, here, along these residential things. It's very common. Then there's floodplain, as we pointed out, in all kinds of zones here. There's floodplain all over the place, so I don't think this is a special circumstance that applies here in the AR zone. And B, more importantly, and I think this one's the one that really applies here the most, if they have other places on this land along their private road, and they can put a septic system or expand the other septic system, the one that they have in place, or modify that, they don't need a variance. And so if they don't have a variance, but they're able to do this without a variance, it doesn't create a hardship for them. And they should be able to, based on their ability to use, like I said, 70%, 75% of the available land that they already have that's not in the floodplain. so these are the reasons we think we'd like it to be denied and just to circle back point this out and again I'll have my client confirm this if needed but this is the property again that he's going to be owning and I believe there's a ridge here he's got this under contract he's proposing to build a a principal residence similar to the property owner um very substantial my understanding is it's like an investment of seven figures and you know candidly i think that if he could avoid having this so close to his property line that would be his preference so that is really one of the main reasons we're here but also we don't want the zoning ordinance circumvented if we don't if we don't have to have it okay so if you all have any that concludes my presentation if you all have any questions mr clandett and how does uh how does how does the placement of that uh mobile home affect your client uh frankly i think you'd be looking at it from up on the top of the hill and would prefer not to i think when you have people buying property out there in hundreds of acres and if i'm situating my house on my land i don't want to be looking at someone else's home right on top of my right on top of my property i think that just makes sense to me i don't know how all of you feel about that but i believe that that's how my client feels it isn't that he doesn't want corsair to be able to use their property it's just that he doesn't want structures or another residence or activity near his he's buying this hundred plus acre plot of land for a reason he wants to be able to construct a a dream home if you will um and wants to be able to enjoy his property without it being encumbered with somebody else's improvement or structure right near his property line because remember we're talking about moving it within 60 feet of the property line and I know in the staff report it said this would not be anywhere near within 2,000 feet of another structure that's that that's incorrect now miss Goddard Weiss would have no idea until we showed up today about that but what's in your packet it would not be correct it would be much much closer within a couple of hundred feet or less based on where my client put his put his house I hope that answers your question mr. chairman well that I'm sorry that was actually my question that particular point that currently it's 2,000 square feet from the next closest building. Linear feet. I'm sorry, linear feet. Linear feet. Too much real estate. So that's correct currently, but you're saying that your client plans to build a structure that'll be closer? Correct. I will. See if I can go. And again, I'm going to have him come up here just so I'm not saying incorrect. my understanding mr. Navarro so watch what I do up here this is Corsair's house and main residence there this is the barn this is the property line this is where they're proposing to put this mobile home I think my client is somewhere around in here past the barn where this way you show me Press that little thing down there. Okay. So this is the main residence. Yes. This is where the proposed mobile home is. Yes. My home is going to be right here. Okay. Right in there. So my view in my driveway, I'm going to have to look at that. So if there's any way they can push this thing, you know, like we're supposed to do six up for the footage. Okay. Then those footages in this area, this area tie into maybe accepting that's fine. I'm still going to be able to look at this. It's just fair fair. i understand okay now would so stay here and answer one question for the board if you would if your home is going to be constructed here about how many feet would this be from the proposed because i think that goes to miss carter's question about approximately a guess how many yards how many feet if your home is going to be constructed here probably a thousand feet thousand feet so about half the distance of what you're talking about before and so is are there circumstances that will prevent you from placing the residents on the a different part of the land this is the highest point and i'm doing just what courser did uh he built on the highest point i'm on that same plane because we look over at gainsway farm that's the reason why i bought i'm buying the property. There's pure privacy, single story stone house and it's kind of a it's a great property and it's a great site. I've already staked out where it's going to be from a survey standpoint. Then out of the blue something came up about them wanting to put a trailer house next to the property line 30 feet away or 60 feet away and I'm like wow this is not good. You know I don't think anybody wants to build. They have 160 acres. I have 155 acres. We all want to take advantage of the great view and the hilltop view, and that's what I'm trying to do. If not, I'm not interested in buying the property. It does me no good. I have a question. How much lower is your fence line there than where your house is going to sit? Is it the same plain? If you're on the same ridge, is it the same height, or does it actually go down to that fence line? Drops a little. Drops a little. I don't want to be in that area. I want to be up top like the gentleman built his on. How high up? The reason I was saying is just for possible screening. Yeah, I was going to ask that too. We're thinking about possible screening. I was just thinking if that was going to be a ginkgo or a redwood. house where they're proposed where they're proposed yeah with a different elevation yeah the different elevation i couldn't tell you i would probably say it's 60 feet from where you're wanting to build to the yes yeah i don't know 60 feet but i mean it's maybe uh this would be a good application if the parties agree for a continuance so they can maybe work out something um given the circumstances just like for example i'd like to see what it's going to look like because part of of the argument mr corsair has made in his application was while technically it's called a mobile home this looks more like a modular home and right now i'm thinking single wide but that may not be what it looks like um yeah and so um and so it could look like a residence and so and but we don't have any photos of that and i think you're i think you're I think your comment is well taken, Mr. Gross. This sounds like something that perhaps the two parties need to get together and discuss in greater detail than what has been presented today. And I'd be curious, the other options, because even if that mobile home has to be, what was it, 300 feet, you might still see it. if it goes behind the barn or in front of the barn or in the paddock. So I would think, yeah, if those two want to work it out. I do understand Mr. Clendenin's point because the zoning ordinance, I mean, the 300 feet is there for a reason. And so I think that's a good point. But because of what's been presented because of the fact that we understand that there is a going to be a home built that hasn't been built yet and i would just weigh in that i guess that's my concern in particular that you know we're already aware of this circumstance ahead of time i mean so the party would have an opportunity to adjust their plans but instead we're asking the current home the current landowner to adjust their plans. Yes, Mr. Clendenin. Thank you, Mr. Chairman. I would just like to add that my understanding of this is that the applicant is entitled to ask for the variance. However, and it's based on them having no other place to do this. Now, maybe I'm incorrect in my interpretation, but if they have the ability to place the property on their property within the 300 feet where it's functional, has access to the septic, and it's not in the floodplain, then they're not entitled to the variance. Now, maybe I'm misinterpreting this, but I could be wrong. No, I think you're correct. Of course, we sit as a court of equity for the most part, and we make those determinations ourselves as a matter of law and facts. And I wouldn't read that it's impossible to go somewhere else for them to receive the relief they've asked for. Yeah, we wouldn't deny it. Yes, you said it better than I can. So is there a motion to continue this? We've already started the hearing. Actually, we haven't heard from Mr. Dunn yet. So Mr. Clinton and you and your client sit down and let's hear from Mr. Dunn. I know that Mr. Dunn, you were dragged here unprepared. Really unprepared. But you must know something about what's going on. So tell us what's going on. If we build a structure, we can build it closer than we're asking. Right. I mean. You understand, but you're asking for permission in this application to build it 60 feet from the road, and that's what was under consideration. And that is a variance from the ordinance which requires a 300-foot setback. I understand. So. The only reason he went with the mobile home, it's actually called a modular home, but the building inspector calls it a mobile home because it's brought in on a trailer, on wheels. Right. It's the convenience, the time frame. If we built a 2,000-square-foot home, we could still build it 25 feet from the property line. It's going to be closer than what we're asking. i understand yeah i think your best option is a continuance okay uh in in order for you all to discuss it further perhaps for you to with the knowledge that there is opposition to the application perhaps you can uh get prepared be prepared be more prepared than than perhaps this application was i understand that that if it were a modular home or a stick-built home you could build it closer than 300 feet uh without permission is that 25 feet that's correct it could be 25 feet from the property line sure so we we all understand that as well and the and the opposition understands that too uh but i think probably in the best interest of both parties it would be helpful for uh you all to meet and discuss it you meet with your boss i'm good with that and uh and maybe the two of you all, the two parties can discuss it and come back with a better plan in a month. Would 30 days be sufficient for you all to get together and talk about this? Yeah, that's great. All right. Just a specific question. Most specifically, I guess, we're trying to determine is there actually a better spot. So, you know, I didn't want to take the opposition at face value that there are better spots, So if you guys are able to determine or to show that there aren't better spots, then that would be helpful. That would be part of your preparation for next month. Right. If there is, we'll do it. No problem. I mean, I just don't see it. I spend a lot of time out there. Sure. Yeah, just because my knee gut reaction is it's going there. That way they don't have to look at it. Right. From their house. So, but, and I'm going to be honest with you, I've had a case years ago in Bourbon County where there was a mobile home on adjacent property that had fallen into disrepair. And my clients were very unhappy to have to look at a falling apart building on a daily basis. So I understand both kind of positions. But now, yes, you and your client need to talk with the opposition and their counsel. and then I'm going to make this motion, but I sincerely hope you guys come back with a presentation. Oh, yeah, I will. I hadn't. Yeah. And I want to see some images of what this building actually looks like. Okay. And, Mr. Clements, have you seen anything, what this is going to look like at all? I have not. Okay. And you probably should share those with the opposition. I mean, it's going to have stone foundation. I mean, the whole works. It's not junk. yes that's a good suggestion that whatever you propose and we like pictures but uh if you'd share that with the opposition as well that would be all right i have no problem if i would have known it i would have already done that sure well thank you very much in that instance i will go ahead and make a motion um mr chair i move that we continue application pln boa 21-38 course or thoroughbreds request for a variance to reduce the required side yard setback from 300 to 60 feet in order to place a mobile home and agricultural zone on property located at 4422 bryan station road and that date will be september 13th uh 2021 at 1 30 p.m and hopefully in the chambers but we'll see i'll thank you mr gross the motion has been made to continue is there a second mr chair i'll second thank you Chad we mr. Walker has seconded motion has been made and seconded all those in favor vote electronically unanimously postponed continued I'm sorry application continued to the September 13th hearing date and we'll see you then. Yeah. First bite. There is, let's see. The next item on the agenda is board items. And there is a board item that we've talked about, and that is, having long-range planning come to talk to the board either in September or October after the hearing just to educate us on what future events we might be made aware of to our own benefit. it. I have recommended also that the staff prepare for us a basic ordinance education. I know several of you who deal in real estate are intimately familiar with the ordinances, but those of us who haven't may not be. And I think it's always helpful to go over the ordinances in some fashion every year just to keep us up to date so that we don't simply rely on only the applications with the ordinances cited therein and also thirdly the last item that I was gonna say is a former board member Jan Meyer Jan Myers thank you Jan Myers rotated off we she just disappeared we didn't see her so we are going to ask her back and and recognize her contributions to the board during her long tenure and we hope she will show up when it's convenient with her but convenient with her either September October as well are there any other matters for the board and just to follow up miss Meyer is now on the Planning Commission so her volunteerism and civic duties continue at a more intense pace than what we do. More intense is correct. Planning Commission, they work them hard. So my hat's off the condolences to her. Congratulations and condolences will be expressed when we see her again. Are there any staff items that need to be presented at this time? And our next meeting date is September 13th at 1 30. If there's no further business the board will stand and adjourn. Reaching out, touching me, touching you, sweet Caroline.