No, we would probably have to sell the property, ditch the project. I mean, I don't know. I'm kind of, normally I would say we should have a right to do it every moment in the land, but you're asking us to give you a variance. So when we give you a variance, we're saying you can based on this condition. You're not willing to accept that condition. So, you know, that's where it sits for me. I mean, if you're willing to give, I think we're willing to tell you what we think. If you're willing to ask for a variance, we're willing to give you a... one point to that is in in the paper in the notes here it says additionally if urban zoning standards were applied to the subject property the lot would meet the standards for a single-family residential zone which only requires 10 feet setbacks as well as the expansion area residential zone which only requires five so if if the property was were in those zones i wouldn't need a variance chad just i think and i'm not speaking for the applicant what we are asking them is to do a different plan so if this garage is moved they will they have to go back and do a different plan because it does have upstairs downstairs that is part of the roof line in the frontage so it's not a minor years into this project i'm fine with it if we i mean if that's what we're saying but it's not a minor adjustment it's a starting over on a floor plan adjustment so Anything else from the board? Questions of the applicant or staff? Well, I guess between the applicant and the staff, is there any chance that they could meet over the next 30 days and talk through and maybe come up with a solution that makes you both happy? I'm not sure what the vote will be today, but i'd say it probably wouldn't hurt to do a continuance for 30 days let you work with the staff maybe you guys could come up with a different design i'm just concerned that if you're turned down today you'd have you can't come back um so i don't know what the rest of the board feels is that a motion well i mean i want to make sure that they even want to go through the exercise of meeting with staff and trying to come up with a compromise um i recommend it but that's just me yeah i really don't know like like my wife said we're two years into this project um just just the main thing that sticks out to me on this is like i said we wouldn't need a variance if the we're in the zones in the surrounding area for one and two as the playing department said earlier we're not breaking any restrictions with the current design so i want to make everybody happy and i want to abide by the rules that's why we we did the formal process into this you know well before we started and before we even got the building permit it's just in our opinion that we're within the regulations currently well could a continuance also give you some time to get that engineered correctly so we could be making a decision on exactly the way the driveway would be and the space that's needed for the driveway instead of the the guesstimating of it we could do that yeah I think that would be a good idea if that's the when we might be fighting over this and this is not exactly the way you're gonna have it I understand well with that said madam chair I move for a continuance of PLM BOA 22-32 regarding 1440 Deerhaven Lane, which would be until our next meeting, September 12, 2022 at 1.30 p.m. in these chambers. So move. I'll second. Any other discussion? Okay, we'll take a vote. All in favor? Uh-huh. It looks unanimous. Thank you. Thank you. Thank you. Okay. So the next case is PLNBOA 2236, Burr Oak Capital. afternoon madam chair i'm chris clinton and i'm here on behalf of bur oak this is jeff moore he's the principal with bur oak okay okay did we get chris's name did you get okay okay good deal thank you so this plan has been recommended for approval and there are two conditions listed are your clients seen and okay with the conditions my client agrees to the conditions madam chair okay okay any questions from the board okay I'll entertain a motion Mr. Chair I recommend approval for PLNBOA 2236 Borough Capital's request for variance to reduce the side yard setback from three feet to zero feet in order to construct additions in an existing legal non-conforming structure within the defined infill and redevelopment area in a planned neighborhood R3 zone on property located at 407 East 5th Street based on staffs for reasons and subject to their two conditions. Second. Any discussion? all in favor oh yes we'll take a vote all in favor it's unanimous so hard without my buttons very good thank you thank you all project all right alrighty we have PLN BOA 2235 Karma Lewis Hello. There. Please state your name for the record. Karma Lewis. Okay. The staff has recommended approval. There are two conditions. Have you seen those? Four conditions. I'm sorry. Have you had a chance to look at the conditions? Yes. And are we okay with those conditions? Yes. All right. Do we have any questions from the board? Any? I just want to congratulate you on a charming structure, and if we vote for you to proceed, I wish you success. Excuse me, what's the last part? I missed the last part. And if we vote to succeed, I hope that you have much success. Thank you so much. How kind. Thank you. is that a motion miss palmer i move to approve pln boa 2235 karma lewis for a conditional use permit in order to operate a home-based beauty salon within the defined infield and redevelopment area in a planned neighborhood residential r3 zone on property located at 220 race street council district one and that would be with the staff recommendations for the approval based on the two conditions and just for the record it's 240 ray street i think we read it okay okay so we have a motion and a second any discussion all in favor you guys are all unanimous today good luck thank you thank you so are there any other items before we get to the fun part does the board have anything to to okay I'm showing off for mr. Thomas Glover we've got a special presentation for you but I've been trying to break records on how quickly we can get through a board meeting but that's okay I understand next month I probably won't be able to do the same so it's okay okay so if we could do a special presentation you guys come down front Thank you. Right here in the middle. Yes, I understand. Thank you. I'll take the credit for that, for sure. Good deal, good deal. Well, thank you, Mr. Glover. We do have a resolution for Thomas Glover, whereas we, the members of the Lexington-Fade Urban County Board of Adjustment and Staff, acknowledge the conclusion of Mr. Thomas Glover's term of service to the Board of Adjustment, and whereas we wish to take this opportunity to recognize Mr. Glover for his valuable service to the Board of Adjustment, having served on the board from August 2010 to July 2022, whereas the Board of Adjustment members and staff feel that the service given by Mr. Glover will be greatly missed. Now, therefore, be it resolved, we, the members of the Board of Adjustment and the staff, express our deep gratitude to Mr. Glover for his service to the board and to the citizens of Lexington and Fayette County. And we, the Lexington-Fayette Urban County Board of Adjustment and staff, do hereby wish for Mr. Glover much happiness and continued success, and ask that he continue to give valuable guidance to members of the board. and be it further resolved that a copy of this resolution be presented to Mr. Glover and also spread upon the minute book of this body, dated at Lexington, Kentucky, this eighth day of August 2022. Thank you, Mr. Glover. There was something in there that said that you want me to continue to give valuable guidance to members of the board. So you want me to call you when you're doing it wrong? That's that's the way I heard it. I'm not sure Yeah, I've got everybody's number yeah Yeah, yeah If I was caught well if I was if I'd called you every time you do it right I'd be on the phone all the time because it's been my privilege and pleasure to work with actually over my 12 years probably a couple of dozen members of the Board of Adjustment and and I learned a lot made a lot of friends I had a good time and I think that each member of the community that serves on the Board of Adjustment has a best interest of the community in their heart and does their best to make the right decision on every single case that comes before them and that includes every member that's ever served from the Board of Adjustment so I want to thank them and you all for for your service and and I'll especially want to thank the staff the planning staff because without them of course as you all know perhaps nobody else knows as well as you do that you couldn't do your job without them and I just want to extend my appreciation acknowledgement of the work that they do and the planning staff and legal and all the people that are involved in the presentation of of the cases before the board what a wonderful job you all do so thank you very much They will. Are we adjourned? Not officially. I think we're through. We're through, but we're not adjourned. Now, with that presentation being complete, I'm sorry. Apple is out. Linda. So with that, we'll just announce the next meeting date is September 12th at 1.30, same location here in council chambers. And if there's nothing else, I'll officially adjourn the meeting. Thank you. so