Downside! Yes, lad! Thank you. Thank you. guitar solo Well, hello, dolly It's so nice to have you back where you belong You're looking swell, dolly I can tell, dolly You're still glowing, you're still crowing You're still going strong We feel the room swaying While the band is playing One of your old favorite songs from way back when So take her up, fellas, find her in empty lap Fellas, dolly, won't never ever go away again Thank you. well meaning of the Lexington Board of adjustments for the year 2008 I call a meeting to order notice that all members are in attendance I'm going to run through the agenda first I'd ask that you have cell phones with you good afternoon mr. marks if you have cell phones with you that you either turn them off or turn them to silent mode and then I'd ask anyone who's anticipates testifying this afternoon to raise the right hand so I can swear you in do you swear or affirm that you will tell the truth in any testimony you provide here today thank you all now I have not received a copy of the May 30 minutes as they've been provided to us no we're not ready okay move on to sounding the agenda there's four items on the agenda today are there any applicants here who wish to postpone or withdraw their item my name is Nick Nicholson I'm here on behalf of emergency disaster services okay mr. Nicholson we'd like to postpone the next meeting we have meetings scheduled for I believe Tuesday with the staff in hopes we might be able to resolve this or at least make it a lot less complex for you It is complicated. I spent a good bit of time yesterday trying to figure it out. Are there any questions for Mr. Nicholson? Is the staff in agreement with that request? If there's no other questions, then I'll entertain a motion. I'll move. Okay. All those... Second. Okay. And then all those in favor of mr. Stout's motion to postpone this or continue that We're postponing postponing this matter until December 12th meeting please signify by saying aye aye all those opposed Thank you see you next month Are there any other parties wishing to withdraw or postpone their matter today. If not, we'll run through the agenda. The first item is V2008-102, Robert and Michelle King. Are there any objectors here for this case? Next case is V2008-103, Roland Properties. Is the applicant here? All right. And are there any objectors to that case? And then next case is C2008-100, Porter Memorial Baptist Church. Here for that case. Are there any objectors here for that case? I believe all the cases remaining on the docket are recommended for approval so I'll start with the Robert and Michelle King case V 2008-102 you want to come to the podium please now here would you state your names for the record please Robert and Michelle King and the staffs recommended approval subject to three conditions have you both reviewed those conditions yes with that was sent to us End of this? Okay. Yes, sir. Okay. All right. Michelle? Yes. Okay. I have a question for building inspection. I've voiced frustration in the past with the term remaining as built, and so the staffs changed the term to substantially complete. But I guess my question for staff, specifically Mr. Hume, is is this something that possibly could have been prevented if the staff that was that took their building permit and just maybe asked a couple more questions and I'm not saying it's building inspectors fault I'm just trying to figure out that would have solved it they just asked how tall their principal and structure would have been according to their site plan to which we have right here I think they built in a little excess of what they proposed and I can put that on the overhead if you'd I can explain it to you okay that'd be helpful thank you okay that that drawings not in our packet Is it okay? This was part of the application process. Okay, and as you can see the site plan here a mill if you could point to that please just the elevation it shows an eight-foot wall with a 10 12 pitch would have probably made it to 13 feet at mid gable or 18 feet at the top of the ridge I think what happened was uh, they may have built it a little taller and also as included a dormer directly above what I think is probably the garage door. And additionally, they had proposed in the field to put a cupola on top, which is not shown here nor asked for in the package. So I think that was the alarm that we got in the field. That's where we are today. So is this one of those cases where you have the mid-gable measurement? That's correct. All right. I've always found those mystifying. All right. Well, this is how far I appreciate this. I'm just trying to figure out how it happened. But now, does anybody else have any questions for the applicant or for building inspection? Okay. Thank you, Mr. Hume. Okay. When you get ready to make your decision, I think we should add something about no further cupolos or any extension of the roof area. Okay. Are you guys agreeable to that condition? Yes. Okay. Yes. Okay, if there's no more discussion, I'll ask for a motion Mr. Chairman, we're working on that. Oh, you're on to the condition. I have it up in just a moment. Thank you. Yeah, it was. I have a question. Mr. Hume? I'm sorry. I was wondering from your presentation there, are you saying that the error is shared by building inspection and the applicant? No, I'm saying it's the applicant's fault. Entirely. If they'd stayed with their plan, they would not have been above the roof. I think so. The highest point of their home. I think so. So if they would have built what they proposed, I think we would have been fine. I guess I'd like to hear the applicant's response to that, if you have one. Initially, I went in and I told them what I wanted to build. And they said it cannot exceed the height of my house. And I said, well, how do I measure the height of my house? And she said, from the tallest point. And I said, do chimneys count? And she said, yes. And I said, would a cupola count on my house? And she said, yes. I said, if the garage is taller, I was planning to build a cupola on top of my house. substantial about an 8 by 8 size cupola to tie in with the look of the detached garage to make up any difference if there was a height difference and I said would that be acceptable and she said yes that's fine she was in your fine who were you talking with the I don't know the young lady's name whoever signed my building permit so the person who signed your building permit told you that the height of the chimney was the way they measured the height of the building she said that the tallest point on the on the existing structure the very tallest point and she said a chimney would count the tallest whatever it would be not the not the ridgeline of the house or anything she told me tallest point well I think Mr. Heum would be interested in that so that that person could be not making those statements over the phone in the future okay it's on my building permit whoever signed it okay thank you can you see what the staff has added in to the third condition yes sir are you both in agreement with that yes yes condition okay any questions yeah all right uh then i'll ask for a motion wait does the garage now have a cupola So it's you're adding a cupola to your house. I was going to add a cupola to my house if I needed to, if the, if I needed that height of the cupola to match the height of the garage. And that was what I was told it would be acceptable to do. There was not going to be a cupola on top of the garage? No. I think what you were trying to do is raise the height of your house, weren't you? Yes. So that you wouldn't be in trouble with the garage? Yes. Mr. Chair, I move that V-2008-102 Robert Michelle King appeal for variance to increase an allowance height allowable height for the detached garage from 14 foot 8 to 19 foot 11 in a single family residential R1B 1B zone on property located at 575 Kingston Road Council District 6 be approved as recommended by the staff with the adjustment of the third condition is subject to three conditions with the addition up there Thank You mr. Stout second I second the motion All those in favor mr. Stout's motion please signify by saying aye aye All those opposed Congratulations motion passes unanimously good luck with the garage Our next case is V 2008-103, Rowland Properties, LLC. Hello. Hello, Mr. Chairman, members of the board. My name is Gary Rowland. I'm with Rowland Properties. Okay. Now, Mr. Rowland, the staff has recommended approval subject to four conditions. Have you reviewed those conditions? Yes, I have, and I'm in agreement with those conditions. Okay. Thank you. Are there any questions for Mr. Rowland? Now, Mr. Rowland, we've got one plan here. I guess what you're asking for but we don't have the original plan originally I presume that all the units were going to be up closer to the road that correct that is correct and then they would have the owners would have to drive around behind and then drive in their garages from the back their garages would still be in the front there would be some additional parking in the rear with it with the old plan okay so that was just to accommodate the parking requirements that was solely to accommodate the parking requirements now Now, even though it's not the main reason for the shift, if the shift is allowed to – if the building is allowed to be shifted further from the parking lot, it's actually going to increase the number of net parking spaces that we have on the site by one. And in addition to that, they're going to be more functional, nicer, usable parking spaces as opposed to being behind the structure. Okay. All right. Do you have – Gary, do you have a drawing of the original plan that was approved by the Planning Commission? Yes I do. I wonder if it could be put on the screen. As shown, the structure is only about eight feet from the parking lot, so the only parking spaces near the front of the structure actually inside of the garage there's seven additional spaces behind the property that are approximately five feet off the property line on the old plan the new plan would obviously have the building shifting back and instead of having an eight foot driveway it would have an approximately 20 to 25 foot long driveway which would accommodate two cars so this is a much better plan then it it's it's it's needed because of the waterline situation But it's a much better plan, definitely. Any other questions or discussion? If not, I'll ask for a motion. Mr. Chairman, I move that item V-2008-103, Roland Properties, LLC, appeal for a variance to reduce the required project exterior yard for a seven-unit residential building from 34 feet to 10 feet and a high-density residential area zone located on property at 2412 Lake Park Road be approved with the conditions as set forth by the planning staff. Thank you, Mr. Stumbo. Second. Thank you, Mr. Stumbo. All those in favor of Mr. Stumbo's motion, please signify by saying aye. Aye. All those opposed? Motion passes unanimously. Thank you, Mr. Chairman. You're welcome. Next case is C2008-100, Porter Memorial Baptist Church. My name is Mandy West. Chris West, thank you for being here. The staff has recommended approval of your application subject to four conditions. Have you reviewed those conditions? Yes, sir. You agreed to abide by them? Yes, sir. And what's your role with the church? I'm the weekday education director. Anyone have questions for Ms. West? Ms. West, I have one. Now evidently the church was granted authority to have a daycare up to 90 children in 1997. I'm guessing that was before your time. Correct. Okay. And staff may have to correct me if I'm wrong, but I would think that you would only be allowed to have 90 children as a maximum given that limitation. Am I interpreting that correctly? As it was originally approved, yes. There was a 90 cap. Now, the staff report states that you've had between 100 to 130 children there currently. They do not all attend on the same day. Some attend on Monday, Wednesday, Friday. Some attend Tuesday, Thursday. But altogether, there's 130 children. Right now, 112 children. I just said 130 in case I ever go increase that much. Well, I see that as a violation of the 90 maximum children. Am I correct in my interpretation? Mr. Chair, let me interrupt you there for a minute. This was kind of a house cleaning deal on my part. I requested they come back. I found this on the inspection and just wanted to kind of clear it up. They've been very good stewards of their conditional use permit, and I just wanted to make sure we were up to date. Okay. Well, I appreciate that. That's the kind of information I was looking for. Thank you. So, but you realize that if we grant this, that before you take that 131st child, you need to come back here and get permission. Absolutely. I have been approved through the state to have 211 children. Oh, my goodness. Yes. I will never have that many. But they came and approved me. I just did that just in case, you know. But as of right now, there's 130 altogether. Now, they do not all attend all on the same day. Okay. So altogether there's 112 children. Okay. But you see I'm going with this? Yes, I do. Okay. Anyone else have any questions for the applicant? Okay. If not, I'll entertain a motion. Mr. Chair, I would like to move that C2008-100 Porter Memorial Baptist Church appeal for a conditional use permit to expand a childcare facility at the church from 90 to 130 children in a single-family residence R1D zone on property located at 4300 Nicholasville Road Council District 9 be approved with the four conditions set forth by staff. Thank you Ms. Edwards. Do I have a second? Second. All right. Thank you Ms. Moore. All those in favor of Ms. Edwards' motion please signify by saying Aye. All those opposed? Motion passes. Good luck to you, Ms. West. Thank you. You're welcome. All right. Let's see. I think that takes care of all the cases. Are there any items the board has they'd like to address at this time? Mr. Chairman, I'd like to ask the planning staff to, if we could have an update on our continuing education requirements. Yes, sir, we can provide that to you in the next week or two. Okay, sir. Sure. Thanks very much, Mr. Schultz. I'm glad to do that. Thank you. All right. Any other item from the board? Mr. Chairman, if I could refer you to the addendum on the back page of your agenda. It is time to consider the filing schedule for 2009. We do have copies here. I believe it was mailed out to you previously. Thank you. The last item on the proposed calendar is the dates for our meetings. Anyone have any objection to those dates being scheduled for our meetings? Mr. Stanley, I presume we need to approve these? Yes, sir. Under your bylaws, you are required to adopt a schedule for the upcoming year. Okay. All right, then. Then I'll request a motion for approval. So moved. Thank you, Mr. Stout. Second. All right. Thank you both. All those in favor of approving the minutes as far as the meeting dates for 2009, please signify by saying aye. Aye. All those opposed? Any other staff items? We have one, Mr. Chairman. If I could refer you to page four of your agenda. It is also that time annually to consider appointments to your landscape review committee. This is a committee that is established by Article 18 of the ordinance to review all applications for variances to the landscape requirements of the zoning ordinance. we have on your agenda listed the current members and an update about members who whose terms are about to expire we would ask the board to consider appointing these members for the next year to serve you on the landscape review committee any discussion concerning this item including mr. Griggs Is anyone opposed to having Mr. Griggs continue to say it? Anyone? Phone in. All right. Well, hearing no objection, I'll ask for a motion. So moved, Mr. Chair. All right. Thank you, Mr. Stumbo. Second. Thank you, Ms. Edwards. All those in favor, signify by saying aye. Aye. All those opposed? Congratulations, Mr. Griggs. Thank you. Is that all the staff items? Yes, sir, it is. Thank you. Thank you. Our next meeting date is December 12, 2008. And if there's no other business to come before the board, I'll declare the meeting adjourned. Uh-oh. Sorry. I thought it was a statement. Am I able to do so? Well, sure. Step forward, sir. Sir, which case are you here for? I'm here just to talk about the Continental Inn. I was told today that that was going to be something we could address. My name is Buddy Hoskins and I'm the Executive Director for Spence Earing College, which is located right next to that. Okay, now that was the first matter we addressed. Sir, are you here for the Continental Inn case? Same thing? Okay. Okay, now that case was, I presume you didn't hear, it was continued to the, our December 12th meeting. Okay. At the request of the applicant. Maybe the reason you didn't hear is because they went by the name of the case is Emergency Disaster Services. I think they're the company that owns either the lot or the trailers. I'm not sure which. Mr. Chair, we forgot to ask if there was anyone in the audience opposing and we should have probably asked that. And that's my mistake. I should have asked. So that case won't be heard today. Okay. It will be heard on December 12th. So that's dealing with just the people who are parking the trailers there, who the owner is allowing to park there right now? Is that what I'm understanding? That's correct. And I don't know if you have the... I mean, I have a plan. We just have a serious opportunity with this, is we have trailers that are backed all the way up to one side of our campus. And if we were to have a fire on the left side of the building, fire trucks at this point in time cannot get over to the very left side of the campus and take care of that. And we have tried to get the owner to move those. Okay. We're not getting any resolve. Okay. Well, we're not the case. I'm sorry. That's why I was saying as chair to not ask for objectors. And I'm sorry that you've had to sit here. But I didn't know who was here for this case. And I apologize. Can I ask the staff a question? Sure. I realize we don't have the case today. But isn't there, is there anything that can be done between now and the meeting in December relative to their concern on parking? We have a meeting with the applicant's attorney on Tuesday, to which we're going to discuss a number of things. We can certainly bring that up. If you would, please. So, Mr. Hume, would these folks be able to attend if they so chose? Or is it a closed meeting? I think it's a closed meeting at this point. It's with their attorney. Okay. All right. But are they free to contact your office to voice their concerns? Yes, sir. They certainly are. We encourage that. We've contacted our councilman for the area, and that's how we were notified about the date of the meeting today. This is to both of you, fellas. Mr. Hume works with the Division of Building Inspection, and he's our contact there that comes and testifies and fills us in. He's the staff member from Building Inspection that attends here. So he's agreed to listen to your concerns so you can either talk with him this afternoon or contact him. And that's my biggest concern right now is if we do have a fire, who's the liability on? See, that's the first time I've heard this particular complaint on it. We have received some complaints on this, and this has been an ongoing problem we're battling. I mean, our councilman does know, and I brought pictures today, so I'll share them with you. That'd be great. Thank you. Okay. I'm sorry. No, that's okay. Well, I should have asked. I'll be back. Don't worry. That's okay. Please come back. That's all right. December 12th. I'll expect some Christmas cookies or something like that, but we'll be all right. Thank you very much. All right. Sorry about that, fellas. All right. Any other folks that I've overlooked? All right. If not, I'll declare the meeting adjourned. Now that you return to the chair, does this mean all the meetings are going to be this efficient? All right. Thank you. Oh, my God.