PLANNING & ZONING
BOARD OF ADJUSTMENT
Board of Adjustment
The Taylorsville-Spencer County Board of Adjustment held a meeting on Thursday, November 30, 2017 at 4:00 p.m. in the Fiscal Court Room 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 Dudley Dale and Planning and Zoning Enforcement Officer Jan Kehne.
Motion was made by Annelle Hoene, second by Dean Curtsinger to approve the docket.
Motion was made by Annelle Hoene, second by Doug Goodlett to approve the minutes of the November 9, 2017 meeting. Motion carried.
There were no committee reports.
Attorney Dale administered the Oath of Testimony to any person wishing to speak to the Board.
Unfinished Business: There was none.
The application of Mr. Michael G. Cox requesting a variance to be 30.9' off the ROW opposed to the required 50' located at Lot 61, McIntosh Farm Division, corner of Jessica Ct. & Maggie Ct. Mr. Cox is present.
Mrs. Kehne noted that the Board members have been furnished with a plat and photos of the property. You can see the placement of the house on the plat. The house will be out of the utility easements, but in front of the building line.
Mr. Curtsinger: Will the house have a basement?
Mr. Cox: No, we did not want steps.
Chairman Murphy? Has there been anyone call with a objection?
Mrs. Kehne: No, we have not had any phone calls on this.
Motion was made by Dean Curtsinger to grant the variance based on the following finding of fact: that it will not adversely affect the public health, safety or welfare; will not alter the essential character of the general vicinity; will not cause a hazard or a nuisance to the public; will not allow and unreasonable circumvention of the requirements of the Zoning Regulations. In making these findings, the requested variance arises from special circumstances, which do not generally apply to land in the general vicinity, or in the same zone. Second by Charlie Ethington. Motion carried with none opposed.
The application of Daniel Greenwell is requesting a variance to be 13.5' feet off the side yard setback opposed to the required 15' setback located at Lot 83, Top Flight Landing, 81 Wills Way.
Mr. Greenwell is present.
Page 2 of 4.
Mrs. Kehne noted that the Board has been furnished with a plat of the property.
Chairman Murphy: Mr Greenwell, would you explain your request?
Mr. Greenwell: I own Lot 83 of Top Flight Landing. When I purchased the lot a title search was performed and it did not show any problems with the lot. The property line between Lot 82 & 83 had been changed but deeds were never recorded. When the plat was recoded it wasn't recorded properly so when the title search was performed it did not show up. I was notified by the adjoining property owner of the situation.
Mr. Curtsinger: Is the house built?
Mr. Greenwell: Yes I have a contact on the house and we are ready to close.
Attorney Jessica Smith asked to approach. She represents the adjoining property owner and the Title Company. The plat was recorded June 8, 2008, but mis-indexed in Plat Cabinet 4, Slide 331, in the Spencer County Clerks Office. Both parties want to fix the problem and record deeds of correction to resolve the problem. A Declaration of Rights Action which is currently in the circuit court which her client will move to dismiss when the deeds are recorded.
Motion was made by Doug Goodlett that granting this variance will not adversely affect the public health, safety or welfare; will not alter the essential character of the general vicinity; will not cause a hazard or a nuisance to the public; and will not allow an unreasonable circumvention of the requirements of the Zoning Regulations. In making these findings the Board has considered that the strict application of the provisions of the Regulations would deprive the applicant of the reasonable use of the land or require an unreasonable hardship on the applicant. Second by Dean Curtsinger. Motion carried with none opposed.
The applicant Park DuValle Community Center is requesting a variance of 26' off the Right of Way opposed to the required 50' from the Right Of Way. Located at the corner of Hwy 55 North and Goldstein Lane. The applicant Mr. Steve Wiser is present.
Mr. Curtsinger: You guys are so valuable to the community glad you are here!
Mrs. Kehne: You will find a plat showing the proposed building along with a over-head photo of the property. After reviewing the documentation and the initial variance it has been determined the variance will need to be 32' not the 24' that the applicant had originally applied for.
Mr. Curtsinger: Where is the parking lot?
Mr. Wiser showed Mr. Curtsinger where the parking lot was on his plat. He added that there was not a sanitary sewer line to this site. It is over 200 ' away and they will have to raise the building site one foot to keep from having to put an injections system in. The electrical easement caused the shift of the building.
Mr. Curtsinger: It looks as the building faces the creek. Are you going to pave and put in sidewalks, before an answer Mr. Curtsinger continued by asking why is building facing Brashears
Page 3 of 4.
Creek and not Goldstein Lane.
Mr. Dave Gerwig, Park DuValle's Chief Financial Officer stepped to the podium and asked to speak. He stated that part of the reason is a safety fact that people come to clinic and aren't feeling well they don't want to worry about parking and the other thing there are children and they sometimes get loose and with the building being so close to the road we thought it best to turn the building. The building will offer a significant barrier from Hwy 55 N and Goldstein Street. This also will allow for campus planning, where they can put another building on the property and use the same parking lot.
Mr. Curtsinger: Who owns Goldstein?
Mrs. Kehne: Goldstein is a private road.
Chairman Goodlett: Owned by Harry Goldstein?
Mr. Curtsinger: No, this is owned by adjoining property owners.
Mrs. Kehne: One example is the Fitness Center. The owner paved his parking lot and paved the road in front of him. They own the property to the middle of Goldstein Street.
Mr. Curtsinger: Has anyone objected to the plan , and I hope not, because Park DuValle provides a critical and necessary service for the people of Spencer County and Taylorsville. If there is no further discussion I make a motion to approve.
Attorney Dale looked at the plat and raised a question of where the entrance was located? Mr. Wiser showed him where the entrance was located.
Much discussion from all parties, everyone talking.
Mrs. Kehne: I'm going to throw this out, but before you make your motion you might consider asking that landscaping be placed
Mr. Curtsinger: You all are taking this all into consideration:
No response from anyone.
Mr. Curtsinger: I'm ready to make a motion. The granting of this variance will not adversely affect the public health, safety or welfare; will not alter the essential character of the general vicinity; will not cause a hazard or a nuisance to the public;
Mrs. Kehne: You will need to continue.
Mr. Curtsinger: This will not allow unreasonable circumvention of the requirements of the Zoning Regulations. In making these findings the board has considered the following: The requested variance arises from special circumstances, which do not generally apply to land in the general vicinity,
Page 4 of 4.
or in the same zone.
Mr. Curtsinger: Again while she is making these notes, he wants to thank them for their service.
Much conversation at the table.
Chairman Murphy: Motion to second?
Mr. Curtsinger: It's been first, second and third!
Chairman Murphy: Who said second?
Doug Goodlett: I seconded.
Motion carried with none opposed.
General Questions or Discussions, there are not any applications at this time.
Motion was made by Doug Goodlett, second by Dean Curtsinger to adjourn. Motion carried.
Minutes approved 2/15/18