PLANNING & ZONING
BOARD OF ADJUSTMENT
Board of Adjustment
The Taylorsville-Spencer County Board of Adjustment held a meeting on Thursday August 23, 2018 at 4:00 pm in the Planning and Zoning Office located at 28 East Main Street, Taylorsville, Ky.
Chairman Greg Murphy called the meeting to order. Present were Dean Curtsinger, Charlie Ethington, Doug Goodlett, Annelle Hoene, Greg Murphy, Attorney John Dale and Administrator Julie Sweazy.
Motion was made by Annelle Hoene, second by Dean Curtsinger to approve the docket. Motion carried.
Motion was made by Annelle Hoene, second by Dean Curtsinger to approve the minutes of August 9, 2018. Motion carried.
There were no committee reports.
Attorney Dale administered the oath for testimony to those present requesting to speak. Mr. McGill, Mr. Schneider and Mrs. Schneider participated.
Unfinished Business: There was none.
The application of David McGill requesting a Variance on the sideyard setback to be 5.32 feet from the property line located at 238 Merrifield Drive. Mr. McGill was present.
Administrator Sweazy explained that Mr. McGill is requesting the variance to build a garage on his property. The board members have a survey plot with the proposed location and ariel photos with the closest point from the current driveway to the closest point of the adjoining property owners home.
Mr. McGill explained that he has two antique vehicles that he needs to keep indoors. He does have a two car garage on the house but wants to keep the vehicles indoors. He noted that a 26x42 is as small as he can go and he needs it moved over to stay off the lateral lines. The lateral field runs at an angle.
Mr .Curtsinger questioned the location of the lateral field.
Mr. McGill they run behind the house at an angle.
Chairman Murphy questioned utilities.
Mr. McGill they are on the street right of way. He measure on the other side of the house and it is only ten feet from the property line. He wasn’t sure of what regulations had been but the house is only ten feet. So to be able to put the garage where he would like to put it he needs 5.32 from the property line.
Mr. Goodlett so you are just a foot or two from the corner of your house. Is that just a walkway?
Mr. McGill explained how it would be situated on the property due to the property line. The driveway would go straight into this garage.
Chairman Murphy noted that the house sits catty-cornered on the lot.
Mr. McGill no he pointed out the drawing furnished.
Mr. Goodlett the lateral lines run behind the house.
Mr. McGill at an angle. That is the reason for the variance to stay away from the later lines and that is about as small as I can go. It will be up to homeowners association standards, it is not going to be a pole barn. The front is to look like the house.
Chairman Murphy so they require a brick front.
Mr. McGill yes.
Mr. Goodlett so the reason you set it up so close is to stay away from the lateral lines and moved it over. The lateral lines are behind the garage also.
Mr. McGill yes. The lines are behind the house and end behind the garage on the house.
Mr. Goodlett so you are setting it up close so it will join the driveway.
Mr. McGill yes. It would look better there and to stay within the five foot regulations from the lateral field.
Chairman Murphy you going to have a bathroom in it.
Mr. McGill I doubt it, probably not.
Chairman Murphy said he would have to check with plumbing…
Administrator Sweazy also noted he would have to obtain approval from the Health Department.
Chairman Murphy questioned if everyone had been notified.
Administator Sweazy twice. (There was a mistake in the first notice.)
Steve Schneider (216 Merrifield Drive) lives on lot 21. He read his concerns stating we do not object to David building a garage. However we don’t think the zoning should change. When the previous owner had the home built, the driveway was poured seven feet over on lot 21. So lot 21 deed was rewritten with additional eight feet to accommodate the driveway for lot 22. If it is changed to only require a five and half foot setback instead of fifteen, the garage will be very close to our property, to our house and our deck. When they built the subdivision lot sizes were set to allow adequate space between houses. Having a garage that close to our property negatively effects our property value and it might effect future buyers if we sell our house. The reason for this is they have eight more feet than they originally had on the plat. If you look at that it is quite a bit, it moved that house that much closer to us. If you put that garage there its going to be real close. It concerns us that it shouldn’t be allowed that close. If its moved over the fifteen feet it will make a big difference.
Mr. Curtsinger requested he read his first statement again.
Mr. Schneider we do not object to David building a garage.
Mr. Curtsinger ok.
Mr. Schneider however we don’t think the zoning should change. If you look at the ariel photograph you can see how close.
Chairman Murphy did both of you buy your houses already built.
Mr. Schneider they bought them built. When they put the contract on the house, the lot was surveyed. They came back and said that guys driveway is seven feet into your yard. Well it wasn’t ours at the time.
Chairman Murphy it wasn’t yours at the time.
Mr. Schneider no. In order to justify it Merrifield decided to let them have eight feet so the concrete would be on his own property.
Mr. Goodlett so he does own that now.
Mr. Schneider he does own it but the point is that moved their property eight feet closer to our house. It will be very close, the subdivision was laid out for open spaces. If you drive there, there is a lot of space between homes.
Mr. Goodlett the way I see it is he’ll start his concrete to put this behind the house. The driveway isn’t going to get any closer to your house. The driveway is close to your house and I can see your point there. But the garage is behind your house…
Mr. Schneider the garage is…
Mr. Goodlett the garage doesn’t effect your house in any way, its not closer to your house, sets back behind your house, its not in front of your house, it doesn’t block a view. Thats my opinion.
Chairman Murphy so they adjusted it when they poured the concrete, they gave your eight foot back right.
Mr. Schneider yeah at the lake which is three hundred feet down the lot. It was negotiated but the valuable property..it compressed those homes close together.
Administrator Sweazy ask if the situation with the eight feet was before or after you bought the property.
Mr. Schneider it was done before we bought out property.
Mr. Curtsinger so you bought it full well knowing.
Mr. Schneider they done a contract not knowing. The driveway was there, we could see it but we didn’t know it had infringed on the property when he poured it.
Mr. Curtsinger it hadn’t been deeded over when you bought it.
Mr. Schneider I have a paper that said it did in 2005.
Mr. Curtsinger and you bought when.
Mr. Schneider I bought in 2008.
Mr. Curtsinger ok so it was deeded over.
Mr. Schneider they told us when they surveyed that the deed books did not show it. The surveyor came back and said this is not right. The real issue is how close it is, if you allow that building to be built that close to our property. I can’t see moving that building over ten more feet. That way we would have more space between our yards. If he builds that there, then I am limited to what I can do without making it look bad. If he is five feet off the property line then I am limited.
Mr. Goodlett is that a little pond behind you.
Mr. Scneider yes its a big pond.
Administrator Sweazy no, here is what he is talking about, you are talking about the lake.
Mr. Schneider its a flower bad.
Mr. Curtsinger I am confused, you started your statement out that you don’t object to him building a garage there.
Mr. Schneider I don’t.
Mr. Curtsinger but you continuously talk about it being too close to your house.
Mr. Schneider I just don’t want it close to my property line. If the zoning says fifteen feet then that should be observed. If its fifteen feet over it will open up space between our yards. To mow grass, take care of my flowers and things. You put it at five and half foot, you can barely get a lawn mower in there. We don’t have any fences but it is tight. I don’t think it would help our property value at all.
Administrator Sweazy I will say the difficult thing for both of their lots is, with the one we are looking at, the other side of his house is only 10.3 feet off the property line. Between the property line and the corner of his home is only 13.5 feet of the property line. I used the property tax office tools to measure. Their houses are very close to the property lines. The lots were only 97 feet wide.
Mr. Goodlett that was before the 3 to 1 ratio requirement.
Administrator Sweazy exactly, a subdivision can’t be done that way anymore.
Mr. Goodlett ask if anyone else wanted to speak.
Ms. Schneider did not want to speak.
Chairman Murphy the concrete was there, they took eight feet and gave you eight feet and you agreed to it. Right.
Mr. Schneider I didn’t agree to it, Merrifield did. I’m not saying I wouldn’t have but that’s beside the point. The property line was moved eight feet and that gives them eight more feet to build closer to our house. If we are working in our flower bed and he is working in his garage five feet away thats real close.
(Board member Ethington entered the meeting 4:25)
Mr. McGill stated that he was aware of this adjustment on the property line when he bought the place. It’s been straightened out, its in the record books and he’s had it surveyed. What they done was jog it over for the driveway to be on the lot he has. The pin is still there, it’s about a foot from the concrete. They jogged it back over on the lower end to give back to the neighboring property. So to stay off the later field and away by regulation. His flower bed, his banana trees would be back behind where the garage is going to be. The garage is going to be twenty four feet deep. Its four feet inside the edge of the driveway and twenty six wide is just about to the house garage. So as far as lowering the value of his property, I don’t see it. It would be built up to homeowners association regulations. I am not one to park any cars outside or junk cars. I do have a very sentimental 53 Studebaker pickup truck that was my dads, I restored it myself and I have another one in the process. So I really need a garage and this is as small as I can go to get two vehicles in it and work around them. I have to say that I don’t agree that it would hurt his property value at all because it would be a nice building. Nothing shabby. I guess I should have brought the papers the surveyor gave me but I didn’t think to bring them.
Ms. Schneider was given the opportunity to speak again and she denied.
Chairman Murphy noted that he has a 30x40 and has two vehicles in it. This is a 26x24. It has to be that way because of the way the lots sets. I understand.
Mr. Goodlett honestly I cannot see where it would hurt your property value being in the back. I make a motion that we approve this. It sets in behind, if it set where the concrete is, where the garage is close to your house like the concrete is close to your house. Then I could see it but setting in behind your house, I can’t see it would effect it whatsoever. So I do make a motion that we approve it. It does not affect the public health, safety or welfare; will not alter the essential character of the general vicinity; or will not cause a hazard or a nuisance to the public; will not allow an unreasonable circumvention of the requirements of the Zoning Regulations. I‘m sorry but I just don’t feel like it will hurt anything, I don’t see it. I do see his point with the lateral lines and it does sit in behind everything. I make that motion to approve it. Second by Annelle Hoene.
Ms. Schneider when you say it won’t effect our property value. If you would come out and look at the setting. His point of his driveway is a foot from our property line and he is going to build it at the edge of that driveway.
Mr. Schneider no, he is… (Everyone talking at once can’t hear on recording)
Mr. Goodlett I understand it is close.
Ms. Schneider it is and you have a garage there. Go down the lot and build the garage fifteen feet and then it wouldn’t be...why should it be changed for him and not be a good judgment for us when if you look at our house. If I came to that house and I looked at a garage that close to the property line, I would say no I don’t like that garage that close to the property line.
Ms. Hoene the driveway is that close to it.
Mr. Schneider it is but its not something you see, its flat.
Ms. Schneider yes but its going to be a wall.
Ms. Hoene but if they were going to buy they would also see that the driveway is close.
Ms. Schneider yes, you are not going to have any space there. He won’t be able to get his lawn mower between there.
Mr. McGill yeah I will.
Ms. Hoene you are going to have five feet or five and half feet. I would think…
Mr. Ethington what about structure against structure. I am sorry I was late, but I did go out and look. He drove by and started to go down the driveway to look but turned around in the cul-de-sac instead. Are the structures going to be as close and it looks like they will be.
Ms. Schneider oh yes.
Mr. Schneider the thing is, if you set on our deck and we do this everyday. If you look out it will look like that garage is on our property. The reason I say this is the man that owned that house previously has a swimming pool right below there and everybody thought it was our pool. Its because the way our house sits on the lot. The house has an angle to it. Our house when they built it has a turn to it, it is not setting square on the lot and it looks over right where this garage is going to be.
Mr. Goodlett but the garage is only two foot away from his (Mr. McGills) house. Its actually less than two foot from his house.
Ms. McGill but if he moves it down.
Mr. Goodlett it almost makes it look connected to his house.
Mr. Schneider I do understand that.
Mr. McGill again the reason is to stay off the lateral field. The regulations say I have to stay five feet off them.
Mr. Goodlett I go back to the 3 to 1 ration and the 97 feet wide of how these lots were laid out. That is the cause of it, you only have so much you can do with it. When you build sixty foot wide houses on 97 feet wide lots and fifteen feet easements on the side. You only have so much room. Our job is to look at it and see if its going to hurt anybody, hurt their property value and I don’t see it. I do see a problem with 97 foot wide lots.
Mr. Schneider this is what I am saying, when they got eight foot of our property where the congestion is, they are already eight feet closer and that is because the builder made a mistake. Grant it, none of us had anything to do with that but it does effect the property.
Mr. Goodlett that is past tents for us.
Mr. McGill I don’t see where anyone would think that is their garage because it would come straight off my driveway, actually four feet in from the edge of my driveway. It would obviously be…
Ms. Hoene it would be coming in...how many feet from your driveway.
Mr. McGill 5.32 feet.
Mr. Schneider showed the plat of his property from a surveyor when they bought.
Ms. Hoene when you bought it right.
Mr. Schneider when we bought. Here is our home and here is the driveway in question.
Mr. Goodlett explained that at a particular point is 13 feet, this is so far behind your house.
Mr. Schneider this is our home.
Mr. Goodlett its behind it. Thats what I am basing my…
Mr. Schneider I understand.
Mr. Goodlett that is what I am going by. If it were setting right here beside your house where the concrete is, I would turn it down. It would hurt your value but its setting behind it and I cannot see it effecting the value of your home. Thats my opinion, thats what I base my facts on. Because it does set so far behind your house and the lot is so narrow. We deal with this all the time where the lots are so narrow. He wants to put his cars inside a garage, needs a garage, thats how…
Ms. Hoene are you more concerned that...this is a flower bed right. So that is what you are concerned about really. Because five foot…
Mr. Schneider well yes, I mean.
Mr. Goodlett so this is what you are concerned about.
Mr. Schneider yes.
Mr. Goodlett this is the bad part right here, but that is preexisting.
Ms. Hoene there isn’t anything we can do or you can do about that now. Thats done.
Mr. Goodlett this is what makes it so close, but this sets behind you. Does this drain, is that a low spot right there.
Mr. Schneider that is where the pool was.
Mr. Goodlett so you can see the drain.
Mr. Schneider when that pool was there everybody thought that it was ours.
(Everyone talking at once can’t hear on recording)
Administrator Sweazy ask they speak one at a time.
Mr. Goodlett questioned Mr. Schneider if he see’s where it will only be two foot from Mr. McGills house. I can’t see how you can say they will think that is your garage.
Mr. Schneider I understand that but what I am saying is when you sit in our house, you look out the window...
Mr. Goodlett the way they angled the house.
Mr. Schneider exactly. That had a great deal with why we bought that house because of what you see when we step out the door.
Mr. Goodlett but its still a 97 foot lot and the man is entitled to a garage.
Mr. Schneider I don't have a problem with that, I just want him to move it over fifteen feet.
Ms. Hoene you wouldn’t be looking at that garage from your house, maybe from your deck.
Mr. Schneider no our kitchen window will be looking right at it.
Ms. Schneider and the bedroom.
Mr. Schneider pointed out the location of the bedroom and the kitchen. We set on that deck all the time and fifteen foot would make a great difference.
Mr. McGill again I have asked for about the minimum size garage and stay away from the lateral lines. I am going to have to ask for this variance and I am hoping you approve it.
Mr. Goodlett my motion stands.
Mr. McGill I can’t go any smaller and get two vehicles in it and work around them. Again my opinion honestly I don’t see...
Ms. Hoene called questions.
Mr. McGill don’t see that it will hurt his property value. It will look neat right there going straight off the driveway. We had talked about moving it around behind the house but it looks so much better. There are a couple other building on lots in the neighborhood that have second garages and thats the way it is. The drive goes straight to the detached garage. The regulations on the houses say the garage had to face the side so thats the way the garage on the house is. Then this would go into the front, so to keep away from the lateral lines and it would look so much better. To be able to build this garage I am going to have to have this variance.
Chairman Murphy motion has been made and second. Motion passed unanimously.
Ms. Schneider questioned how to appeal.
Attorney Dale explained that they have thirty days to file action with circuit court.
Ms. Schneider so we can do that tomorrow, do we go to the courthouse.
Attorney Dale explained that the statute says you have thirty days from the decision to file an action. You might need to see an attorney.
Mr. McGill so how does this process work if they appeal.
Attorney Dale I suggest you get an attorney.
Mr. McGill but it passed through you all.
Chairman Murphy you will need to see an attorney and wait to see what circuit court says. That is all we can do.
Under General Questions and Discussion.
Administrator Sweazy requested that they schedule another meeting.
Mr. McGill ask if he will be notified if they appeal this.
Mr. Curtsinger noted that he would receive a summons if they file suit.
Attorney Dale its really an appeal process not like they are suing for damages or anything. They are asking for a circuit judge to review it to see if there are grounds.
Ms. Schneider all we are asking is they go with the ordinance, fifteen feet.
Attorney Dale you will need to take that up with circuit court. They have made their ruling, I suggest you get an attorney.
The next meeting will be September 13th.
Mr. Goodlett made motion to adjourn, second by Dean Curtsinger. Motion carried.