Baby, I need your lovin', got to have all your lovin' Empty nights echo your name Oh, sometimes I wonder Will I ever be the same? Oh, yeah When you see me smilin', I, you know Things have gotten worse Any smile you might see Has all been cursed Darling, I can't go on without you This emptiness won't let me live without you This loneliness inside me, darling Makes me feel half alive Baby, I need your lovin', got to have all your lovin' Baby, I need your lovin', got to have all your lovin' Baby, I need your lovin', got to have all your lovin' Right before my very eyes, I thought that you were only makin' it And right before my heart was takin' it Baby, what a big surprise, right before my very eyes Oh, oh, oh, oh, yesterday it seemed to me My life was nothin' more than wastin' time But here today, somethin' changed my mind Baby, what a big surprise, right before my very eyes Oh, oh, oh, oh, yesterday it seemed to me Just to be alone was a little more than I could take And you came to stay, ooh Hold me in the mornin', let me in the afternoon Help me find my way, yeah Now and then, just like before I think about the love I've thrown away But now it doesn't matter anyway Baby, what a big surprise, right before my very eyes Oh, oh, oh, oh, baby, what a big surprise Ooh, right before my very eyes Oh, oh, oh, oh, baby, what a big surprise Ooh, right before my very eyes Oh, oh, oh, oh, baby, what a big surprise Ooh, right before my very eyes Oh, oh, oh, oh, baby, what a big surprise My baby makes me proud, boy, don't she make me proud She never makes a scene by hangin' all over me in a crowd Cause people like to talk, boy, don't they love to talk But when they turn out the lights, I know she'll be leavin' with me And when we get behind closed doors, then she lets her hair hang down And she makes me glad that I'm a man Oh, no one knows what goes on behind closed doors My baby makes me smile, boy, don't she make me smile She's never far away or too tired to say, I want you She's always a lady, just like the ladies should be But when they turn out the lights, she's still a baby to me Cause when we get behind closed doors, then she lets her hair hang down And she makes me glad that I'm a man Oh, no one knows what goes on behind closed doors Behind closed doors Her hair is hallowed gold, her lips a sweet surprise Her hands are never cold, she's got Betty Davis on her mind Her hair is hallowed gold, her lips a sweet surprise Her hands are never cold, she's got Betty Davis on her mind She'll turn her music on you, you won't have to think twice She's got Betty Davis eyes And she'll tease you, she'll unease you, cause the better just to please you She's so cautious, and she knows just what it takes to make a progress She's got Betty Davis eyes She'll let you take her home, who else will have the time? She'll lay you on the floor, she got that With all the courts here in our beautiful park system, I'm sure you'll be able to find a place to play near you. We'll see you on the court. We'll see you on the court. Hi, I'm Liz Sheehan, the 5th District Council Member in Lexington, and I'm here today with Co-Executive Director Gail Reese at ITN Bluegrass, and we're going to talk a little bit about the services that they provide to the community. Hi Gail. Hi, Council Member Liz, nice to see you. It's so hard not to just call you Liz. I know, we work together in so many different domains. Yes, yes you do. Can you tell me a little bit about ITN Bluegrass? ITN stands for Independent Transportation Network, and we are part of an affiliate, we're an affiliate of a national organization called ITN America, which started actually 30 years ago, and we became an affiliate 20 years ago. We're the second oldest in the country, and we match volunteers driving their own cars, we're a non-profit with people who need rides, and we operate in Fayette County and northern Jessamine County. We use some paid drivers, we own some cars, we do about 40 to 50 rides a day. Wow, okay, so that's a pretty big undertaking to organize, to get people scheduled and matched and have all of the locations. So, what types of transportation services do you provide? Like, where do you take people? You know, the great thing about this is just because you're not going to drive anymore, it doesn't mean you have to stop living. It's not just medical appointments. I tell you, a really important one is hairdressers and nails. Hairdressers, nails, lunch with a friend, and we do do medical, we do quite a few medical. We are an arm-through-arm, door-through-door service. So, that means if someone needs help getting into a medical facility, or they haven't been there before, then our drivers can help them find the right room. This is for people 16 and over or visually impaired adults. So, for our visually impaired folks, we can help them also navigate these large centers or any way that they need. Okay, and so, you are the Bluegrass Division. Yes. So, do you operate solely in Fayette County, or do you go to any of the surrounding counties? When Brandon Crossing opened, now we're in northern Jessamine County. Okay. So, we'll go to Brandon Crossing, but we have so much business in Fayette County that that's where we limit ours. Now, Versailles has something called Woodford Wheels, which is an affiliate of ITN also, which is not an affiliate, a portion of ITN also. Okay. Yeah. So, when you, if someone is a community member and they meet your criteria, so a visual impairment or over 60, how do they get in touch with you to let you know they might need this service? The good part about ITN is for our seniors today, we're still phone-based. You can pick up the phone and call someone, and first, it's a membership organization. So, we can mail you a membership application or you can go online because more and more people are getting to the point where they can go online and do stuff because my generation is aging. We can do that. But once you become a member, once you fill out the application, we learn what your needs are. Like, do you have, like, any physical things we need to know about? Do you have vision problems? Do you have some memory loss? What are your, what do you, our drivers need to know how we can help? It's such a great service for not only low vision and people who are totally blind, but others that are either disabled or need some support or help or, as Gail also said, to get their hair fixed. Now, I don't have that problem. So, I've not asked for ITN to give me a ride to the barbershop, but it's just such a valuable service for all the citizens in Fayette and in Jessamine County. Yeah, and in Fayette County, we've recently been having conversations around microtransit, and I see this as one version of microtransit to a specialized population. So, as a newer user, what are some of the things that you would want someone to know about this service if they're just getting started and wanting to use it? I think there are a couple of things. First of all, I don't think anyone should hesitate at all to be ashamed or to not be, have knowledge about a service that's so valuable. It's very easy to book a ride. There have been, I could count on one or two fingers the number of times when I've tried to book a ride, and because they're so busy, I could not get a ride at that particular time. And I just waited patiently, and then I got a call back, and that worked out just fine. I would also say that the drivers are wonderful. They're friendly. They do their best to get you always on time. There's a lovely, chatty conversation that goes on. I've learned so much from so many people about their backgrounds. Recently, I had a ride with someone who had just recently retired from Toyota, and he told me all about their, he was a foreman, and how many cars they put out each day. It was fascinating, and it took up some of the time that we were going. That day, as a matter of fact, we were, and I've forgotten exactly why, but I was going out to the ice rink, and he was a wonderful guy that gave me, I was meeting somebody out there. So you've got a little entertainment on your ride, too. Exactly. Storytelling. Honestly, I don't know if they go through some kind of personality test, but I've never had one that's not friendly and warm. I could name some names of people that I've gotten to know on a first-name basis, or I've ridden with them maybe six months ago, and here they come again in my driveway or at my business place. I would think that there are many, many reasons that people need to be aware of ITN. Now, I will have to tell you, and thus the campaign that ITN is underway with right now, I will mention this to some people that don't have transportation, that are low vision and aren't driving anymore, and they don't know about it. So we really do need to get the word out about how valuable a service it is and how beneficial it is to individuals. And I think to the city as a whole, we need to, in Lexington, work on some of these things that you and I have talked about with public transportation and getting from point A to point B. There's no reason at all for someone to sit at home and not get to an appointment or not to get to an entertainment venue if they want, just because these services are available. And when you want to book a ride, how far in advance do you typically plan for that? One of the things that I've tried to cooperate with ITN on is that they do like 24 hours or as much notice as you can give them. It's not something that you can do immediately like an Uber or Lyft, but it's much better than, if I can say that, Uber and Lyft. So you just need to give them a little time to notice. They have really wonderful, friendly people who answer the telephone. If you've called more than once or twice, they know exactly who you are. You don't even have to say your last name. They have everything. They have your address and your phone number already registered. It's very simple, very easy. And again, they're always on time. They're always there. They get you to point A and then sometimes they'll bring you back at the same time. They might have another ride in between, but if they can give you 30 minutes or an hour in an appointment of some sort and then bring you back, in my case, to my office, it works out really well. Well, that's great. And, you know, the drivers are primarily volunteers, so it is people who want to give back to the community. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Today we're going to call the zoning board of adjustment meeting for December 2025 in order time is 1 30 p.m. please silence all cell phones if you need to play place call please step out into the hallway if you're going to speak in favor of or in opposition to an application today you needed to sign in if you haven't done that please do that like to recognize our planning staff and legal counsel today or planning staff does all the hard work before these meetings and we appreciate their hard work those here today are Tracy Wade Daniel crumb Dalton Belcher Patty Haley our legal counsels Brittany Smith for those of you first-timers today like to introduce our board to you all now in my right and your left James personally Chad Walker Linda Tucker I'm Bob Sardar and I'll be chairing the meeting today to my left Harry Clark Ross bogus and Brandon gross like to recognize any active or retired military that are in the room today if that's you please stand up thank you for your service if you plan to speak today on behalf of or in opposition to a case you need to be sworn in if that's you please stand up raise your right hand you promise to tell the truth the whole truth and nothing but the truth thank you please be seated we're going to move on to our agenda today you should have picked up a paper that gives you an opportunity to see how we have established our procedure for sounding our agenda if you if you have those did y'all pick up one of those I'm going to briefly go over that our goal is to expedite the meeting and consider the easier cases first we do this in an orderly fashion our applications are put into a docket that's divided into two sections the first section is section a it includes the variances that conditional use permits the second section of the docket is section B and that is the short-term rentals both sections have have two different parts one is the expedited docket the other is the herd docket in order to be on the expedited docket there has to be no opposition and staff has recommended approval these are heard first on the on the herd docket those are the cases that staff has recommended disapproval or they have opposition and those are heard last the docket A is heard first and B the short-term rental is heard second and the criteria for the short-term rental docket is the same as the first one so we're going to move into our agenda and we're going to consider each case and put them in the appropriate place on the docket if you refer to page one of your agenda the first case is PLN BOA 25-91 Gibson Taylor Thompson is the applicant present? Thank you. Staff has recommended approval for this one is there anyone here to speak in opposition? Thank you. This will be the first item on our expedited docket and it'll be PLN BOA 25-91. Moving to page two of the agenda PLN BOA 25-130 Scott Book is the applicant here? Thank you sir. Staff recommends disapproval of this so it will be heard. This will be the first on the herd docket PLN BOA 25-130. Staying on page two of the agenda next item is PLN BOA 25-138 Brian and Megan Brooks is the applicant here? Thank you. Staff is recommending approval on this application is there anyone here to speak in opposition? That being said PLN BOA 25-138 will be the second item on our herd agenda moving to the bottom of page two we're now into conditional uses PLN BOA 25-98 AR&R properties LLC is the applicant here? Yes. Staff recommends approval on this is there anyone here to speak in opposition? That being the case we'll put PLN BOA 25-98 as the third item on the expedited docket. Sorry chair Sturdivant that's actually a short-term rental that item is a short-term rental so that will be on the other docket. Thank you, thank you. Absolutely that will go first on our expedited docket for our short-term rentals and that'll be PLN BOA 25-98. Moving to page three of the agenda second item under conditional use permits. Phila Mpunzi, did I pronounce that correct? Thank you. Staff has recommended approval for this this is also well this is a child care center is there anyone here to speak in opposition to this? That being the case we'll put this as number two actually it will yes number two on the herd docket and that will be PLN BOA 25-98. Oh there's no opposition to this one okay then it will go on the expedited docket. PLN BOA 25-114. Moving to page four of your agenda. PLN BOA 25-117. Adrian Cavanaugh is the applicant here. Thank you. Staff has recommended approval for this. Is there anyone here in opposition? That being the case this short-term rental request will be on the expedited docket. PLN BOA 25-117. Moving to the bottom of page four. PLN BOA 25-131. Megan Gregory, assisted living facility. Is the applicant present? Thank you. Staff has recommended approval for this. Is there anyone here in opposition to this application? PLN BOA 25-131 will be fourth on the expedited docket. Moving to page five. PLN BOA 25-136 Transylvania University. Conditional use permit. Is the applicant present? Thank you sir. Staff has recommended approval of this. Is there anyone here to speak in opposition to the Transylvania application? This will be number five on the expedited docket and that will be 25-136. Staying on page five, the last item. PLN BOA 25-137 Lexington Korean Presbyterian Inc. Is the applicant present? Thank you. Staff has recommended approval for this conditional use permit. Is there anyone here to speak in opposition? That being said, we will move this to item number six on the expedited docket. It will be PLN BOA 25-137. That takes care of all of our items. We'll start with PLN BOA 25-91 Davidson Taylor Thompson. Please come forward. State your name for the record please. Vincent Thompson. Staff has recommended approval for this application. Are you familiar with the conditions? Yes. Are you in agreement with those? Yes sir. Any board members have questions, comments? Mr. Chair, I'll move for approval of PLN BOA 25-91 Davidson Taylor Thompson's request. Variants 2.1, reduce the required front yard setback from 30 feet to 20 feet and 2.2, reduce the required side street, side yard setback of a corner lot from 30 feet to 25 feet within the defined infill and redevelopment area in a historic overlay H1 zone in a single family residential R1C zone on property at 493 West 5th Street slash 445 Willie Street based upon the recommendation of staff and the conditions set forth in the report. So moved. Second. We have a second from Mr. Clark. May I meet at further discussion? May I have a vote please? Thank you. You've been approved. Thank you. Appreciate it. Item number two on the expedited docket is PLN BOA 25-138 Brian and Megan Brooks. Would you please step up? State your name for the record please. I am Christopher Clendenin. I'm an attorney with Murphy and Clendenin representing the Brookses. Thank you. Staff has recommended approval of this application. Are you familiar with the conditions? Yes, sir. We agree to the conditions. And you approve of those? Yes. Board have any questions, comments? Seeing none, Mr. Chair, I move for approval of PLN BOA 25-138 Brian and Megan Brooks request for variance to reduce the required rear yard setback from 100 feet to 97 feet in an expansion area residential EAR1 zone on property at 3830 Branham Park based upon staff's recommendation of approval and subject to the one condition. Motion. Mr. Gross, do I have a second? Second. Second from Mr. Tucker. Any comments, questions? We have a vote, please. You've been approved. Thank you. Thank you, Mr. Chair. Moving along on our expedited docket, PLN BOA 25-114 Phaila Mpunze. This is my name, the husband of Phaila Mpunze. Thank you. Staff has recommended approval of this application. There are five conditions, six conditions. Are you familiar with the conditions? Yes, please, sir. And you agree with those? Yes, sir. Does anyone have any questions, discussions? Mr. Chair, I recommend approval of PLN BOA 25-114 Phaila Mpunze request for a conditional use permit for a type 2 child care center in a planned neighborhood residential zone on property located at 1289 Marlena Lane based on the staff's recommendation and the six conditions as listed. I have a motion. Do I have a second? Second. Second from Mr. Persily. Any further discussion from the board? That being said, we vote. You've been approved. Thank you. Thank you. I appreciate it. Our next item for consideration is PLN BOA 25-131 Megan Gregory. Please state your name for the record. Michael Carter. Tony Shantz. Staff had recommended approval of your application based on four conditions. Are you familiar with those? Yes. And you're in agreement with those? We are. We are. Any questions? I guess to clarify who the gentlemen are for the record. I'm Michael Carter with K2M Design. I'm the architect for the project. Megan Gregory works with me. Thank you. In that instance, I will move for approval. Wait. Sorry. Anyone want to discuss? Sorry. PLN BOA 25-130 Megan Gregory's request for a conditional use permit to establish an assisted living facility in a planned neighborhood residential zone on property located at 1121 Tanbark Road based upon the staff's recommendations of approval and the conditions set forth therein. I second this. Thank you. We have a motion from Mr. Gross, second from Mr. Boggess. Any further discussion? You've been approved. Thank you. Thank you. Our next item is PLN BOA 25-136, Transylvania University. Mr. Chairman, I'm Dick Murphy, pleased to be representing Transylvania University today. If I could, I just wanted to introduce the people I have with me today. Lisa Costardo, who's the Executive Vice President for Operations. I'm pleased to be here. Operations, Amanda Cerator, who's the Vice President for Infrastructure and Chief Information Officer. And Julie Martinez, who's the Acting Vice President of Marketing and Communications. And Bobby Morris from Morris Workshop, who's our architect. He's here with us today. I'm going to ask you for one additional condition on this one. And that relates, I've run this by the staff, that relates to the requirement that when you get a conditional use permit, you have to, quote, exercise it within one year of the date you all act. And exercise means you have to break ground or have a binding contract. I found for nonprofits and churches, I'm going to ask you for the same condition on the next case. Sometimes it takes a little longer to get everything going because of fundraising, negotiating contracts, and that sort of thing. So I'm going to ask you for a condition that states that the applicant, an additional condition that states the applicant shall have three years from the date of this board's action to exercise the conditional use permit. That gives them a little extra time above and beyond the year. I have it written down here on that. So we'd ask for that one additional condition if you would, and we appreciate your help on that. Is planning staff and legal in agreement with that? Tracy? The staff generally would accept any request for additional time. It just needs to be on the record. So yes, we're okay with that. Board members comfortable with that? Any questions? Staff has recommended approval. Mr. Chair, I recommend approval of PLN-BOA-25-136 Transvenger's request to amend the conditional use permit to construct an addition to an existing on-campus building within the defined hill and redevelopment area in a medium-density residential zone, a property located at 350 North Broadway, based on the staff's recommendation and the two conditions as listed, plus the additional condition as has been recommended. We have a motion and a second. Any further discussion? We're ready to vote. You've been approved. Thank you. Thank you all for coming down from Transylvania. Thank you very much. I'm staying here for the next case. I'm staying for the next case. Oh, the next case. Okay, thank you. Our next case, PLN-BOA-25-137, the Lexington Korean Presbyterian Church. Thank you very much. I'm still Dick Murphy. I'm pleased today to be representing the Lexington Korean Presbyterian Church. I've been working with them for over a year to try to get this plan to a reality. Donna Kwon is with me today from the congregation. Yuha Jung, Reverend Lee, pastor, and Yun Lee, also a member of the congregation, are all here today with me. Our architect is Jace Burris. He couldn't be with us today, but we do agree with all the staff conditions, and I'm going to ask for the same condition about the three years to exercise the permit that you put on the last application, if you would. Staff has recommended approval on this. Is everyone in agreement with the extended time period? I'm comfortable with that. Patty, you want to throw that condition up on the... Mr. Chair, I will move for approval of PLN-BOA-25-137, Lexington Korean Presbyterian Inc.'s request to amend an existing conditional use permit for a place of religious assembly on property located at 3534 Tates Creek Road, based upon the staff's recommendation of approval and the conditions set forth in the report, plus the additional condition number six, set forth on the screen. The applicant shall have three years from the date of this board's action to exercise the conditional use permit, period. Could I have a second, please? Second. We have a motion and a second. We have a vote. You've been approved. Thank you very much. Appreciate it. Thank you all for coming down from the church. Appreciate it. Thank you. Moving on to our conditional use and variances herd docket, PLN-BOA-25-130, Scott Book. Please state your names for the record. Mr. Chair, would you like for staff to present before the applicant speaks? Yes. Staff has recommended disapproval, so if they would comment first, then you all can comment. Thank you, Mr. Chair. Dalton Belcher on behalf of planning staff. So the request is a request for a variance to reduce the required side street, side yard setback from 30 feet to 8 feet within the defined infill and redevelopment area in a single family residential R1C zone on property located at 430 Pike Road, Council District 11. You see here on the screen, it highlighted in light blue, and I'll highlight it a little bit more. Here is the subject property, the corner of Pike and Duncan. And this is just zoomed in a little bit better so you can see it, just so you have a little bit better view of the property. Here's a street view of the property that shows the existing conditions, and this shows it as well. So the applicant is proposing to remove the existing addition and porch and construct a new addition that's going to kind of come towards you if you're looking at it this way and expand a little bit further back to the right if you're looking at the image here. So on the screen now is two different drawings. The first one on the left is the existing conditions on the property. The one on the right is the applicant's proposed addition on the property. And then this is zooming in a little bit more on the existing structure. So you can see it's got about a 11 foot and some change, 11 and 2 inches of setback from the property lines currently with the existing structure, including the porch here that projects out. And then the proposal reduces that to a little more than eight feet, but we go with eight feet just to give the applicant a little bit of wiggle room to make sure they've got enough space. So it is getting closer to the Duncan Avenue frontage with this proposal. This floor plan was provided by the applicant, but it also shows a little bit just the addition. And then as you see here on the left, this is the existing addition. It's got the porch, the living area, and another porch here in the back. And then this is what they're proposing, which would be to remove a portion of this addition or a portion of what's considered a living area here and turn that into an addition that's a little bit larger, a little bit deeper. And over here where I'm hovering is Duncan Avenue, so it's coming over a little closer to Duncan Avenue. These are also renderings that the applicant has provided just showing the existing state of the property in this area, the highlighted in red or pink, depending on how good your vision is, is the existing area that's going to be demolished and what's there currently. And then these renderings show the proposed elevations of what the applicant is proposing with the addition and the porch that would be added on. And here's a few more of those sort of just to give you an idea of what's being proposed. Staff recommends disapproval for the following reasons. First, the applicant has not provided sufficient justification to meet the requirements of Article VII of the Zoning Ordinance or KRS 100.243. There do not appear to be special circumstances that are unique to the subject property that do not generally apply to land in the general vicinity or in the same zone that justify the need for the variances. Similar corner lots in the general vicinity have a minimum of 13 feet for their side street, side yard setbacks. Second, granting the side street, side yard variance would alter the essential character of the general vicinity. None of the surrounding properties have setbacks similar to the requested variance. And finally, disapproval of the variance will not deprive the applicant of the reasonable use of their property. There is sufficient space to expand the existing structure while meeting all necessary setbacks. So that's it for staff's presentation. If you have any questions for me. Questions? Thank you, Mr. Belcher. I'm Sidney Ransdell. I'm John Ransdell. Thank you. Thank you. Thank you. Thank you, sir. Appreciate it. Thank you. Thank you. Mr. Book, I'd be curious to hear a little bit more about the project. Yes, sir. So as Mr. Belcher explained, we are wanting to remove the old addition and build back in its place. Of course, the footprint has expanded somewhat. The home is in a legal non-conforming state, if I can put it like that, because the setback is technically 30 feet, if I'm not mistaken, if memory serves me correctly. So the original home is actually, the setback goes right through the middle of the original home. So it's a very unique circumstance. There's no way, even if we remove the porch section that is getting closer to Duncan, we're still not compliant because of the legal non-conforming status of the situation. And of course, Mr. and Mrs. Ransdell have worked with our designer to come up with this plan. This is the plan that they would like to build. So that's kind of it in a nutshell. We do have other thoughts as to why we feel it's pertinent. This is not the exact application, which I understand we can't make zoning regulations that fit every scenario that comes along. But in section 15.2 of yards, there are, and again, these are unique circumstances, but there are different provisions. For example, in side yards 15.2b.1, it mentions that in no case a side yard may be narrower than three feet at any point. That same, as you all are very well aware of, that same provision of getting closer or getting as close as three feet exists in several of our zoning regulations. So we are not wanting to get that close. We're just wanting to be able to expand that a little bit more, just past what's already there. So we have this legal non-conforming situation, and we're not trying to push the envelope. Just trying to make this a more desirable, more functional, healthy addition for the home and for the ransom and their family to live and grow in, and to be able to stay in the neighborhood. They're quite fond of the neighborhood. They do not want to leave the neighborhood and go and buy another home. And we have some folks here today in support who are neighbors in the neighborhood as well. So I'm glad to hear that we don't have opposition from the neighbors, but there is some support as well. And there are a couple, not that we're trying to point a finger, but we have at least one corner lot in the neighborhood that has a very, very, in my opinion, a lot worse to the situation of what we're asking to do, if I can say that, where they are literally to the back of the sidewalk with a structure. So we are not wanting to do anything like this, but this does exist just about one block away from our home. So we don't think that we're doing anything that's detrimental to the complexion of the neighborhood. Do you all have anything else to say, or do you think that wraps it up? And we'll answer any questions. So if you guys have questions, we're happy to answer. Yeah, I'm assuming this is an owner-occupied house? Correct. And how long have they owned this house? Eight years. We have three kids that we need to be able to expand the house for. And we also, we have a beautiful cherry tree that if we had to move the property further back instead of going out to the side, we may have to take that tree out or it would be injured. And our kids climb on that tree, and it's a place that we, that's where we spend a lot of our time as a family is around that tree. So you're going like two from a covered porch to a whole addition on this? Yes, the addition wasn't done very well, and it's kind of falling apart. The insulation is not very good. It's not very safe for our kids. So we need that to be taken off, and we just need it to be a little bit bigger and a little bit more conducive to our family. So that way we can stay there for the rest of our lives. We want this to be our forever home. And it looks like on the first one, like the only difference is the AC unit. So you can't take it and line it up with that side right there? We were going to, and of course that's why you have the revised site plan. During the process, we realized that our surveyor and our designer had a few discrepancies, and we got that revised. So that's why we brought the new copy and presented that to you today. But that is correct, yes ma'am, the AC condensing unit was going to move around back because again, that is in that three foot area that we're not supposed to have that. So there's a lot of things that are non-conforming to our current zoning regulations with the existing home. So we're trying to make it better. We're trying to make things more conforming, but it will never completely comply. There's just no way because with a 30 foot setback and only a 54 foot wide lot, it's pretty apparent we have a little pickle on our hands. Thank you. I got a question for planning staff. If they were to build a six foot fence in this side yard, how close could it be to the right of way? Is it three feet from the sidewalk? Are you talking about the side street side yard? You recall? Dalton, do you remember if that was three feet? I'm looking, just give me one second. Okay. And what's the height of your addition? The height as far as the overall, like the peak? Yeah, the roof. Good question. Are you aligning with the existing house? We will be lower than the roof of the existing home, I do know that. Let me see if he has that elevation on here. Okay, I'll correct myself here. We will be at, we will go to the peak of the existing house. So 17, my eyes are failing me. Is that 17.7? Yes. 17 feet and 7 inches. Yeah. Right in line with the existing peak. And if I may add, as Mr. Belcher did present, we are asking for 8 feet, even though technically we're not going all the way out to the 8th. I think we're 8 foot 11. But of course, 8 foot is what is required in the zone for a side yard. But because we are the corner lot, obviously that doesn't apply. But again, if we were just one lot over, there wouldn't be a problem here with this being 8 feet to the property line. So I don't know if that. Mr. Belcher, it looks like you may have that answer for me. Yes, excuse me. Your question about side street, side yard for a fence, in the residential zones within 3 feet of the public or private right of way, you can be 4 feet tall and then greater than 3 feet, 6 feet. So 3 feet back from the right of way can be a 6 foot tall fence? Yes. Okay. Well, I'll let the rest of the board speak. I'm comfortable with approving this given the fact that if they could build a 6 foot fence up 3 feet from the sidewalk, and I know this neighborhood well, and I think we're going to see more additions on neighborhoods in which our side yard and our setbacks and our lot coverages no longer work totally in line with what we're doing as a community on additional infill projects. So I would be supportive of this project. I would like to point a couple things out here. So this is not a non-conforming use appeal, it's a variance appeal. Because a non-conforming use appeal, if you look in section 4 of our zoning ordinance, one, you actually cannot, for a non-conforming structure, you can't enlarge it in a way that would increase its non-conformity, which for this issue is the setback. So the setback that it's non-conforming I think was 15 feet and they're wanting to move it to 8, if that was what I understood. The zoning ordinance requires a 30 foot setback for the side street side yard. Right, but it was already non-conforming at the time. So I think the existing, historically, the side yard requirement was half of the front yard. So if 30 feet would have been the front yard, then it would have been 15, would have been the requirement previous to our ordinance right now. I don't know where it's set out currently, but it was already non-conforming at the time for the setback was my understanding. Yes. So this would actually make it more non-conforming because we are pushing out and decreasing the setback. The second part to raise is that if you are repairing a non-conforming structure, you cannot exceed the number of square feet of the existing footprint, which this also, I believe, looking at the proposed plans, increases the square footage of the non-conforming structure. But if this board decides to give a variance, that will resolve that. However, we need to address the findings for a variance, which would include special circumstances on the land. So I just want to make that clear what we're actually approving and what we, because I've heard a lot about non-conforming structures, but Article 4 of a zoning ordinance really restricts what you can do with that. I think, well, I think the request was for a variance. Yes. So I was, I am supportive of a variance of whatever nature it needs to be to allow them to do this. I'm not suggesting that I, we find findings that this non-conforming issue be expanded. I just wanted to make that clear for the board because I've heard a lot about non-conforming from the applicant, but this really is a variance request, so. Pardon? So we need to address those findings. Mm-hmm. Yeah. I think the three of us are on the same page. About a unique physical or dimensional lot characteristic, like what's unique about this lot? So if the front yard was any more shallow, that wouldn't change any of the side yard ratio. I also have a question. Are you finished, Mr. Boggess? Yes, ma'am. So even if they put a fence up, it says that none of the surrounding properties have a non-conforming front yard setback, nor a non-conforming side yard setback closer than 13 feet. So granting the variance would alter the essential character of the general vicinity, as there are no setbacks similar to the request on the general facility. So that wouldn't fit in that area then either, correct? And especially... Well, that is true, but that's, I believe, a proposed finding, right? That's a what? So you are correct, yes. Oh, I'm sorry. So, I mean, even if you put a fence up, it really is not... Because somebody was talking about a fence. Yeah, the way I see it is the fence would create a sightline issue. This doesn't, the two foot three inches doesn't create any hazard for somebody that's coming down. So this would look kind of odd too, because of the neighborhood and the way it is. Yeah, my point on the fence issue was the fact that if we're looking for open space or however the purpose of sightlines and other things, they could build a six foot fence that would be further into the side yard than what they're proposing with this addition. Yeah. Further questions, comments? So it sounds like from talking to staff and the legal, why don't you reiterate some of the uniqueness of this lot so we can get some evidence on the record if that's the way we decide to go? Applicant. Okay, was that a question or a statement? I'm sorry. A little bit of both. Okay. The uniqueness of the lot, it's extremely unique as we're sitting here discussing. I mean, again, it's narrow. I guess, and again, guys, I'm not an expert when it comes to these zoning regs, but if I'm not mistaken, if we're less than 50 feet, then we have special provisions for those narrow lots. We're 54 feet. We're right there. We're so narrow, it's not even funny. And we can't meet this setback of 30 feet. There's just no way. So again, the lot, it's an older lot. It's an older area of town. Obviously, our current zoning regulations are not applicable to these older lots. I shouldn't say that. I'm probably in the wrong room to say that. They are applicable, but it does not, I think you see, you understand what I'm getting at. It doesn't fit the mold of our current zoning regulations, if I can say that. So that's some of the things that make this lot very, very unique. And to the point earlier that was brought up about what historically would have been the case on corner lots, if I understand this correctly right, the side would have been half the setback of the front, historically, but that's not the case now. Right, which is likely how the structure was placed on the lot to begin with, right, in the 1930s. And our ordinances have changed a lot since then, 80 years. It's just like building codes, right? What we used to be able to do 10 years ago, we can't build the same way now. But we don't go back and tear everybody's house down and rebuild them because the building code changes. And in building code, and I know this a little bit better than the zoning regs, we have the ability to, if we can make something more conforming, it doesn't have to necessarily meet the current code. But for example, rise and run of stairs, if we are doing a remodel to an existing staircase, and if the space just isn't there for us to meet the current rise and run building code, as long as we make it better, we can do that. I'm going to stop you real quickly. Okay. Mr. Belcher, it looks like maybe 502 across the street may have an 8-foot side yard. You're asking what the side yard is for which property? We want 502 Pike, it looks like, immediately across the street from this side yard. Let me look here and see. So I'm using PVA, that's not always the most accurate, but from PVA's measurement, I think 8-foot approximately to where they're showing the property lines, though I don't know really how accurate that property line is based off the aerials and things like that. About 13 feet to the sidewalk and then where they're showing the property line, 8-ish is what I'm seeing. But approximately in the same realm as this request? They're proposing 8-feet with what we've got for the property lines or what we're seeing on the PVA. Again, I caveat that I don't know that those are 100% accurate, but it is showing 8-feet. So there is potentially probably a property right across the street that has the same side yard as this request. So there's a finding of fact if we want to support this application. Mr. Chair, I would add that I would approve of this variance and so if that makes any difference to the rest of the board, I think it's very logical. I think we could make that decision without any problem. I agree. I do too. Mr. Gross, would you like to change the language in the application? Whenever Brittany is ready. Or we could take a recess for a couple minutes. Yeah, we'll take a recess. If it's up to the chair. Thank you all for your patience. Chair, with respect to PLM VOA 25-130 Scott Book, I move for approval to reduce the required side yard setback from 30-feet to 8-feet based off of the following findings of fact. The variances will not adversely affect the essential character of the neighborhood or negatively affect the public health, safety, or welfare or create a nuisance for the residents because of the nearby property owner has a similar side yard setback and the proposal complies with what is seen in the neighborhood. The evidence also shows that the neighboring property owners do not object to the request. Number two, the variance will not unreasonably circumvent the zoning requirements and is justified by special circumstances of the land because the building is a non-conforming lot that is 54-feet wide and a building addition of the requested size would require the building in the center of the rear lot, which would require a significant reduction of backyard. This approval is made subject to the following conditions. The revised site shall conform with the submitted application and materials and revised site plan and all necessary permits and approval shall be obtained by the Division of Building Inspection before any construction is performed. Second. We have a motion and a second. Any further discussion? Now please have a vote. It's been approved. Thank you all. Sorry for the delay. Moving into our short-term rental expedited docket. Our first application is PLN BOA 25-98 AR&R Properties, LLC. Hello, Aaron Reedy on behalf of, with Emory Merritt-Wilmack Nance on behalf of the applicant, A&R Properties. Staff has recommended approval for this application. Are you familiar with the conditions? We are. And you're in agreement with those? We are. Do we have any questions or discussion from the board? There are some letters in opposition online and then I kind of mentioned to staff about this that there is one right at 513 Andrea Drive, which is in, most of it is in the 600-foot STR buffer zone. There is one property within the 600 buffer. The buffer bisects that particular property. Yeah, I see it. I have a map up here. I just wanted to point that out. So, I don't know, we're getting quite a bit in that little circle. I just wanted to point that out. So, I don't know, we're getting quite a bit in that little circle. Any other questions or comments? Mr. Chair, I recommend approval of PLN BOA 25-98 AR&R Properties, LLC request for conditional use permit for an unhosted short-term rental in a single-family residential zone on property located at 3017 Neal Drive based on the staff's recommendation and the four conditions as listed. Could I have a second? Second. Second, Mr. Boggess. I have a vote, please. The motion is passed. Thank you. Thank you. Our final case is PLN BOA 25-117, Adrian Cavanaugh. Conditional use permit for an unhosted short-term rental. Yes, I'm Adrian Cavanaugh Bowden. Scott Bowden. Thank you. The staff has recommended approval of this. Are you familiar with the conditions? Yes. Yes. You're in agreement with those? Yes. Yes. Questions or comments from the board? This is another one that's got, and maybe, I don't know, staff can comment on this, but this is another one that's got one like right there on Gale Drive. It looks like maybe 1804. Yeah, I mean, do you have a specific question or comments? Staff? Pointing it out. How accurate are these circles? Are they pretty? Well, we use our GIS staff. I don't know all the technical details of it because GIS is a little bit above my head, but they track this with our system and they use it to create these buffers. Thank you. I'm comfortable with the use of the number three relief as the ordinance reads. I'm comfortable with that. That's the reason it was there because it makes sense that if another property is that far away, then it's, you know, it's a flip a coin. So I think this is a good example of both. Both of these are good examples of why the ordinance was written this way. Any further comments or discussion? Can I have a motion, please? Mr. Chair, I recommend approval of PLN BOA 25-117, Adrian Kavanaugh's request for a conditional use permit for an unhosted short-term rental in a single-family residential zone and property located at 1841 Gale Circle, based on the staff's recommendation and the four conditions as listed. Second. I have a motion and a second. Any further discussion? Please cast your vote. Thank you. You've been approved. Thank you. Thank you all for your patience. Staff, have any items to be brought up? Do we need to adopt the schedule? It was that last month. Tracy, staff handing me any items? No, Patty just reminded me that she gave you a form that everyone would need to sign. Yes, we'll just need to get that back. Thanks. We have that. And is it in January or is it February we hold elections for officers? January. January. So as a reminder, big election coming up. So we'll do that, I guess, in January. I'm campaigning against it. That's right. Like Linda Johnson said, I will not accept. Any board items need to be brought up? Thank you all for being here. Our next meeting will be January the 12th, 2026. Merry Christmas and Happy New Year.