PLANNING & ZONING
BOARD OF ADJUSTMENT
Board of Adjustment
The Taylorsville-Spencer County Board of Adjustment held a meeting on Thursday October 26, 2017 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 and Administrator Julie Sweazy.
Motion was made by Annelle Hoene, second by Dean Curtsinger to approve the docket. Motion carried.
Motion was made by Charlie Ethington, second by Doug Goodlett to approve the minutes of July 6, 2017. Motion carried.
There were no committee reports.
Administrator Sweazy administered the oath for testimony to Ms. Cox and her son Freddie Barrick and as well as Jeff Miller.
Unfinished Business: There was none.
The application of Effie Cox requesting a variance on the rear yard setback from the required 25’ to be 2’ and the side yard setback from the required 15’ to be 5’ for the purpose of building a barn at 4671 Little Union Road. Ms. Cox and her son Freddie Barrick were present.
Administrator Sweazy explained there are photos in the packet, there was a fire on the property and she has indicated the buildings that burned, a barn and garage. She marked those on the photos as well as Ms. Cox’s home, the bigger barn in the photo is the one they are wanting to replace. She also furnished photo’s from the morning of the meeting, she explained that they do already have post in the ground. When she came in to get the permit, that is when she found out that she couldn’t be that close to the property line. In the packet it was noted the reason why they had to come for the variance is because it was considered a non conforming building which means it was a building that was built prior to the newest regulations therefore the setback requirements were different. In the regulations it says Article II, Section 201(2)
Non-conforming building not to be rebuilt. Any non conforming building or structure which has been damaged to the extent of 50 percent of its current fair cash value, as estimated immediately prior to damage, shall not be repaired or reconstructed except in conformity with this ordinance; provided, however, that a non-conforming residential structure may be rebuilt in the same general yard area if such damage was due to fire or natural causes and if rebuilt within 12 months of the date of damage. So they are asking to rebuild within that 12 month period but because it doesn’t conform they need the variance.
Chairman Murphy called for discussion.
Mr. Ethington questioned if she owns the property all the way around.
Ms. Cox explained the barn has been 100 years. They moved here when she was 6 years old, late 49 or 50’s. She has been told that she should be able to build back because it should be grandfathered.
Mr. Barrick explained that the property behind it is the James Keeling Estate.
Ms. Cox my brother.
Mr. Barrick they have more or less promised to sell it to when they can put it up for sale. Which will be in the next 5 years.
Mr. Ethington questioned the house close to…
Mr. Barrick it is mine.
Mr. Ethington so relatives.
Ms. Cox yes the only one that not kin is the preacher.
Ms. Hoene questioned if the lot was just 1/3 of an acre.
Administration Sweazy right.
Ms. Cox I just built my garage, it was a new garage. Just built 2 to 3 years ago.
Ms. Hoene questioned on 1/3 of an acre you had your home, garage and now you want a barn.
Ms. Cox already was a barn, it was already there.
Ms. Hoene so is that the one that burned.
Ms. Cox yes ma'am.
Mr. Barrick both of them burned.
Ms. Cox and part of my house and his house.
Mr. Goodlett questioned where is the septic system.
Mr. Barrick in the back, back side of her house on the preachers side away from the buildings.
Mr. Goodlett requested he show him on the picture.
Mr. Barrick indicated the septic area and the property line for Mr. Goodlett.
Ms. Hoene so you don’t own the property all the way around you just own this property. (indicating the 1.3 acre survey)
Mr. Barrick explained she owns this side, I own the other side and her brother behind.
Ms. Hoene so you want to build 2 feet from your brothers property line.
Mr. Barrick yes, he is okay with it.
Mr. Goodlett so when the barn burned it burned the garage also?
Mr. Barrick yes sir.
Mr. Goodlett it didn’t do any damage to your brothers house.
Mr. Barrick it got both of our houses, just the outside of the houses. We are in the process of restoring them now.
Mr. Curtsinger questioned if there is a business run at this address.
Mr. Barrick no sir, its just a farm.
Mr. Curtsinger I see a lot of stuff sitting around there. I raise vegetables out of the green houses back behind the house.
Ms. Hoene noted there is a sign out there.
Ms. Cox he is a produce farmer, he sales produce.
Mr. Barrick I sell at the J-town Farmers Market, IGA and other places that will buy it. I raise local produce for 16 years.
Mr. Goodlett how many acres are in the farm, where you grow the produce.
Mr. Barrick I do 156 acres on the creek …
Ms. Hoene so your brother has 156 acres?
Mr. Barr rick no, there 18 acres behind the house.
Ms. Cox he leases the land from somebody else down by the river.
Mr. Goodlett I really and honestly have a problem with this lot being so small and putting this barn back in there. I can’t see if you have septic system problems later, its done burned once and damaged a garage and two houses and you are on 1/3 acre and you want to stick another barn back in there when you have a farm.
Mr. Barrick I don’t own the farm.
Ms. Cox we don’t own the farm.
Mr. Goodlett you don’t own the farm.
Ms. Cox he just leases it.
Mr. Goodlett I’m just giving you my input on what I’m thinking here.
Mr. Barrick I have used the barn for chickens and stuff like that over the years.
Ms. Cox my daddy gave me that lot in 1973, the barn was there and I had a trailer. Then I built a house around the trailer. My husband died and my house was demolished. I tore it down and put a modular home there, I had all the inspections and the same for the garage. I got a permit to build it. The barn was on it.
Ms. Hoene so your septic lines are on that 1/3 acre.
Ms. Cox yes up here behind…
Mr. Barrick they go around the garage.
Ms. Cox my septic tank is behind the house and the lines here on the preachers side, ain’t got nothing to do with the barn.
Mr. Goodlett since 1984 when you had that done, the zoning regulations now you must have an acre just to have a house. So you have 1/3 acre with a garage, a barn and a house.
Ms. Cox I can’t help that.
Mr. Goodlett its changed a lot since then due to septic systems and such.
Ms. Cox we can’t help that we had an accidental fire, he almost died, he had second degree burns and was in the hospital four days from trying to save it. I could go home tonight and my house could burn, you don’t ever know. We need the barn put back.
Mr. Ethington how much bigger is the barn that you want to replace it with.
Mr. Barrick I narrowed it and made it a bit longer. It was a 30x40 and I’m making it a 24x48, same basic square foot just narrowed to get around it. I can cut 8 feet off the end of it if I have to.
Ms. Hoene the back of it is going to be 2 foot from the farm behind you.
Ms. Cox yes.
Mr. Barrick it has been promised to us when they can sell it, its just tied up in escrow now.
Mr. Curtsinger we can’t make decision on other peoples property or promises. The decision we have to make are based upon this drawing, the survey by Garland Armstrong and that is the property as of today that you own. Correct. Thats it, regardless of wither you are related to the other people or not. That has no bearing on our decision. I agree with Mr. Goodlett I think there is enough on that property now for a 1/3 acre.
Ms. Hoene how much is the overhang on the back.
Mr. Barrick none.
Ms. Hoene so there is none at all. But its 2 foot from your brothers farm.
Mr. Barrick I can bring it in 8 feet, that would be no problem. From there back you can’t put any lateral lines or nothing because they have the at&t communications wire that runs through there so there is no digging in that area.
Chairman Murphy when they came in to get the permit for the barn did you make them aware of the new regulations?
Administration Sweazy right, that is when we told them they would have to come here first.
Ms. Hoene are you going to put a concrete floor in it.
Mr. Barrick I am wanting to.
Ms. Cox I didn’t know we had to do all this. He put the poles up and I came over here to get the permit.
Mr. Barrick I assumed that with it going back basically where it was there would be no problem.
Ms. Cox I knew we had to have a permit.
Ms. Hoene concrete trucks going in and out of there wont hurt your lateral lines?
Mr. Barrick no ma'am, they would just drive right up the driveway.
Mr. Goodlett they are on the other side.
Mr. Barrick the barn has been there all these years, it has been used the same way, sit it back the same place it was and use it the same way we’ve always used it. It would make a real hendrence on me with what I do because I use the barn so much. It has really put a hurt on me since June 22, it has put a hurt on me for a place to clean my vegetables, a place to take my vegetables in for shade, my cooler would be in that building, it would benefit me greatly.
Administration Sweazy just to verify right now before you build the barn back or the garage, the only thing on this 1/3 acre is your home.
Mr. Barrick yes.
Administration Sweazy that is all, there are no other storage buildings or anything on it right now because the garage and the barn both on her property burned.
Chairman Murphy there ain’t enough room for anything else.
Mr. Goodlett when you move it over 2 foot closer aren’t you moving it closer to your brothers house.
Mr. Barrick its 2 feet from the Keeling Estate.
Mr. Goodlett so how close are the houses on the Keeling Estate.
Mr. Barrick there are no house, the houses are way on down.
Mr. Goodlett questioned the 5’ setback.
Administration Sweazy noted that the 5’ side is toward Mr. Barricks house.
Mr. Barrick those two residents will basically be one if anything happens to her.
Ms. Hoene where is the access to the farm behind you?
Mr. Barrick right beside the building, there is a road that goes back in there.
Ms. Hoene so its a right of way for that farm.
Mr. Barrick yes. I have been leasing it now for 8 years.
Mr. Goodlett what year was the house built.
Administration Sweazy hers since 2004, she got a variance on the front yard for her house. That allowed her to pull it closer to the road, it’s on a state road.
Mr. Barrick these lots were set up small years ago. We are just working with what we got.
Administration Sweazy the lots were done in 1975.
Mr. Barrick I’m just not seeing who I would hurt, its just me and her and the guy behind us that has no problem with it that says its going to be yours when I can sell it. Its just tied up with him and his other brothers.
Chairman Murphy he would have been here today if he had objections. He would have been notified.
Mr. Barrick he called us and told us he had no problem with it.
Mr. Goodlett you beside the Little Union Church.
Mr. Barrick yes two house down from the parsonage, same side as church parsonage.
Mr. Curtsinger there is just too much on there for 1/3 acre. Too many buildings and too much building for 1/3 acre.
Mr. Barrick I can’t make them any bigger sir, they are what they are. They were like that when we bought them. I understand the law and what it is but the barn was sitting there before.
Mr. Goodlett I’m sorry, due to the size of the lot I make a motion that we refuse this variance due to if there are septic system problems, another fire, it would be a hazard there. Not fair to people that we require an acre to give variances on top of variances. You got a variance for the house and now you want variance on the barn. For that reason I have to make the motion to turn it down. I really don’t like doing that but…
Ms. Cox but the barn was there 100 years ago, I don’t understand. It was there, it was give to me.
Mr. Curtsinger second the motion.
Ms. Cox it was given to me by my daddy and I can’t help it if the laws change. I don’t think it would be fair if you don’t let me build back my barn. I paid insurance on it for 17 years and State Farm don’t want to pay a dime for it. I’m out the money myself and I don’t think its right. It was gave to me and we need it back for financial, for work. I know you, you was my magistrate, I was married to Ralph Cox and I don’t do nothing illegal. But we need the barn built. We need it for my sons living.
Chairman Murphy motion has been made and second, all in favor. Motion carried unanimously.
Ms. Cox that ain’t right I paid three hundred dollars out and I can’t hear two hundred. That ain’t right, ain’t right at all. We need that barn, we already bought some of the lumber. If you all were in my shoes, I just lost my husband a month ago, I come out there and my son like to have died. It was an act of God that my house didn’t burn. What would you say if my house burned, no home. It ain’t right.
Mr. Goodlett we have guidelines that we have to follow.
Ms. Cox I don’t care it just aint right, it was already there.
Mr. Barrick I just can’t see why it ain’t going to hurt anybody but us.
Ms. Cox it ain’t gonna hurt nobody, it was there for 100 years. We need that barn, it is the only income my son has and I’m helping him financially by myself because State Farm denied me. I paid insurance for 17 years.
Chairman Murphy we went to a meeting yesterday and they told us we have to go by the guidelines. We are under scrutiny.
Ms. Cox I don’t care, I think you can lean it a little since it was sitting there 100 years.
Chairman Murphy then its gonna come back on us.
Ms. Cox no it won’t because you would be doing the right thing. We have to have the barn.
Mr. Barrick I thought after this step here if you all allowed it, it had to go in the paper for two weeks if somebody had complained about it.
Chairman Murphy if someone had complaints they would be here today. They have to be notified but still yet the guidelines state with that small of lot and everything thats on there now its just too much. To put it back is beyond our control.
Ms. Hoene you couldn’t check with your brother and maybe build…
Ms. Cox he’s dead, he’s been dead for ten years.
Ms. Hoene maybe check with his heirs, whoever owns that property to see about building something he could use.
Ms. Cox not right now, there are four or five kids fighting over what they want. I’m supposed to buy whats behind mine.
Chairman Murphy I’m sorry.
Ms. Cox so what you are saying is my barn is going to have to set there and not be built.
Chairman Murphy yes ma'am.
Ms. Cox I think that is pretty dirty. I think Taylorsville is pretty dirty to do me that way and I have been here all my life.
Mr. Goodlett I don’t like doing that…
Ms. Cox you don’t have to do it.
Mr. Ethington its laws…
Ms. Cox the barn was there.
Mr. Goodlett can you not put it back in the same place without a variance.
Ms. Cox well what other place am I going to put it.
Mr. Barrick if there wasn’t a reason for variance then what did we come in here for today. If y'all aren’t going to give variances then why are you having these meetings for the variances.
Ms. Cox you didn’t mind taking my money, I done been out five hundred dollars for this.
Mr. Barrick we knew there was a law when we came in here today, we knew what we were trying to get but if you are saying you aren’t going to be able to give them out anymore then why take peoples money and bring us in here and have us do this. She should have been able to say its the law, thats the way it is and thats the way its going to be. So there is no reason for y’all to be here doing this if that the way its going to be. There is no reason for y’all to look at us and say there is no way we are going to let anymore variances go then what is the reason for having these meetings. If you can’t look at somebody that says we need it, its already there and been there 100 years. I can see if we just built it five years ago and it burned. We are talking about a 100 year old barn that had wiring in it that who knows who put it in or how old it was. We don’t know what happened, this is going back with all new modern stuff so I just don’t see it burning. A barn there 100 years we don’t even know what, the inspectors couldn’t even tell us what caused the fire. All they could tell us was it started in the middle of the barn, the only thing we had in the middle of the barn was a freezer.
Mr. Goodlett sitting here in my seat, lets just say this is in Elk Creek and somebody wants to have this done and we have fifty people in here complaining about it, saying no and we give it to them or we say no you can’t do it because all these people don’t want it, they can come back and say well you just give it to a lady with 1/3 acre why can’t we.
Mr. Barrick you have anybody here complaining about it.
Mr. Goodlett its just an example of if you do it here why can’t we do it there.
Mr. Barrick if you are not going to give them anymore why have these meetings.
Mr. Goodlett we do give them, this is the first one I’ve turned down.
Ms. Hoene the board came here fresh, we have not discussed this before this meeting. The purpose of this meeting was to hear your side and us try to go by the rules. So it was not decided one way or the other when you all came in here. We just now have looked at all of this and came up with this.
Chairman Murphy we went to an eight hour training class and they told us that we had to abide by (patted his book). So thats what we got to do.
Mr. Barrick you got a piece of property that you bought in the late 1980’s, when I bought it I bought a lot. I didn’t buy a lot and them tell me you can’t build this here or here. Since then you all have come up with these rules that you can’t build 25’ from here or 15’ from here. Like she said if her house burned down and you wouldn’t give her a variance then she has nothing. All she would have is a lot with nothing on it because y'all won’t let us put nothing back on it. So what is the point when you have a committee like this and you have people like us that own 1/3 acre and everything around us is bought, we can’t go to someone and say sell us another tenth of your acre so I can get these guys to let us build something. I’ve been there 17 years using that barn, I have to stop doing what I do for a living because I am basically disabled, with no disability so I raise vegetables for a living and I can’t do that because you all wont let me build the building back that I worked out of.
Mr. Goodlett I agree with you but I didn’t make that rule.
Mr. Barrick so today is the day that you decided to start not giving them.
Ms. Hoene we just have to go by the law. Our hearts go out to you.
Mr. Barrick but if that is what the variances are there for then you are sitting here telling me one thing and telling me something else in the end. Variances are there to give someone the right to do something against your code and you are sitting here telling me you are not going to give me a variance because we are on 1/3 acre. Then this lady needs to look at everybody that comes in on 1/3 acre and say there is no need for you to file for a variance, no reason to take your three hundred dollars because the aren’t going to let you do it because of a new law. But that wasn’t what we was told. We were told as long as you file for a variance, come in and explain whats going on they will leave you the variance, build the barn back where you had it at and everything go back to living like we was. Thats all we want is our lives back the way we had them, which wasn’t luxury. I work everyday, I get up every morning and do something in my vegetables. I sell every weekend, I am not asking you to put in a bar, I’m asking you to let me build my building back that I make my living out of and that is all I was asking for. Not asking to move it no where else, if I have to put it back in the same holes that it was in. We don’t care what the rules is we just want to build our building back like it was so we can use it.
Chairman Murphy you don’t care what the rules are…
Mr. Barrick that ain’t what I’m meaning. I don’t care what your rules are for us, if we have to come in 8 feet, I’ll come in 8 feet. I just want to put the building back like it was.
Ms. Cox can we go to court?
Chairman Murphy I guess you’ll have to.
Ms. Cox I think I can go to court, I don’t think its right, I don’t think you all are fair. I know most everyone of you and all I ask is that you help my son.
Mr. Goodlett I’m sorry, I wish I could.
Mr. Ethington our hands are tied.
Ms. Cox can’t you go higher up and ask for something more.
Mr. Ethington when I came in here today…
Ms. Cox I could have already had a court date and had it done. We need this building for my son.
Chairman Murphy I’m sorry.
Ms. Cox I’ll get me a lawyer and take you to court. I think its dirty.
Mr. Goodlett I really hate that.
Mr. Curtsinger its 1/3 acre, did you go look at the property? There is not room to walk threw this property, its cluttered, its an eyesore, its a very bad place and I can understand having a fire. How the hell would the fire department get in there.
Chairman Murphy you can’t get in there.
Mr. Curtsinger mentioned a concrete truck, I don’t know how you gonna get a concrete truck back there.
Ms. Hoene thats what I was wondering too.
Mr. Ethington noted that he drove past it, came back, went down Cotton Lane and turned around, came up there to look at it from that angle. There is just no room there for anything.
Chairman Murphy she’ll just have to get a lawyer, they may explain, favoritism just doesn’t get it.
Mr. Ethington if its your own son or your mom and dad you can’t change it because thats what it says, its a law and you can’t do that.
Administrator Sweazy read the next item for business. The follow up on a Conditional Use Permit issued to Jeff Miller with Twin M Nursery on October 2016. In their packets she provided them with information with the original motion on the application.
The following conditional Use Permit was granted for Jeff Miller – Twin M Nursery located at 6061 Taylorsville Road on October 20, 2016. The applicant was requesting an Amendment to an Existing Conditional Use Permit for operating a landscaping and nursery facility.
Dean Curtsinger made a motion to approve Mr. Miller’s request based on the contingencies they discussed:
There are to be no more than four of the containers
The containers must be under cover
The ends painted, the excess be concealed and under cover per the regulations
Approved the adding of the Lean 2 to the existing office building for storage of packaged materials
Fence as it is constructed today even though it somewhat varies from the original plan. Understand why its woven wire for security.
Greg Murphy ask if there was a timeline on this.
Mr. Miller we had hoped to do the clear span this year for dry storage but due to it being late October not sure its gonna happen. Probably happen over winter so by spring it will be completed. Majority of this will be completed by start of spring because the sales year starts in March.
Vice Chairman Goodlett called for a second on the motion.
Dean Curtsinger ask if this could be added to the motion since Mr. Murphy brought it up that you will have this completed within a twelve month period, a year.
Mr. Miller agreed.
Administrator Sweazy noted that they needed a second on the motion before discussion.
Charlie Ethington second the motion. Motion carried with all in favor.
(The above is an exerp from the minutes of October 20,2016.)
Administrator Sweazy the agreement was to have everything done that was listed in the Conditional Use Permit in a year. So a year has passed and none of this has been done. We are bringing it back before you all, the original meeting on 2016 was because he hadn’t followed threw with the first plan. He came back and he amended it and here we are a year later and he this hasn’t been done.
Mr. Curtsinger acknowledged before the board that he knows Mr. Miller and his deceased father. He has purchased mulch and stuff from him. They have a business relationship only.
Chairman Murphy and Ms. Hoene both noted that they had bought nursery items from him as well.
Administrator Sweazy noted as long as its not a financial interest they are okay.
Mr. Miller I apologize for not getting it done, we had planned on working on late this summer. I tried to get in touch with the Building Inspector in July to find out what type of plans I needed for him. He never got back to me in July, it was actually when we were doing our fireworks tent out there. I never met him, he never called me. I just received this letter in the mail that kinda spurred me on, I talked to him again via text and sent him a picture of what I was hoping to do. He needs engineered drawings, I have since been looking for someone to do an engineered drawing. It kinda a small project, I have a man that works with the state of Kentucky looking for somebody because its kind of a new style building with these metal containers. He hasn’t gotten back with me yet, he thinks hes got a couple firms that will do that with these metal containers, will actually be able to engineer the way the building is built. So I am waiting for him to get back with me, I have text with him today to try to find out, so I’m trying to find out something. So I’m waiting for an engineered drawing to be able to turn it in so I can pull a permit on the building. I reassured them of that earlier. I didnt’ realize the lean-2 was on the twelve month structure, I may have misread that, that was just a little add on to the shed out front of the property. I’m still in the process of doing what I do, exactly the same way. Its going to be a little more intensive design, the containers are actually sitting on a concrete foundation now but that will probably have to be torn out and inspected with this engineered drawing what its supposed to be attached with, whatever they come up with. Unless they say what I have there is good. I didn’t think I had to have an engineered drawing so that has put a wrench in the works here lately. You can’t just take to any engineer because they aren’t familiar with these containers. My understanding there are two companies here in Kentucky with interest in doing it. I just haven’t been given that information yet.
Mr. Curtsinger so what you are saying is you need more time.
Mr. Miller that is correct.
Mr. Goodlett have you met with the Building Inspector.
Mr. Miller he tells me he is too busy to meet with me.
Mr. Goodlett I have built two house since then and I have met with him.
Mr. Miller offered to show the text on my phone.
Mr. Goodlett I understand that he is.
Mr. Miller he doesn’t have a fish in the fight, I try to get him out there to see if the footer would be good enough and a drawing that I could have showed him because he is not real familiar with that type of building either.
Mr. Goodlett have you paid for a permit?
Mr. Miller I have not paid for a permit yet. I need to turn in a plan with the permit to show what is going on. I haven’t done that cause I was hoping he would tell me something so I could do my own rendering, something that he would accept. But that is when he told me he had to have an engineered drawing. The person I talked to at the state said I really don’t need an engineered drawing because of it being a conditional use kinda being a extenuation of a farm but thats not helping Steve tell me whats what.
Chairman Murphy questioned if when he put the concrete down you had to have a plan to put them on there. An idea of what you were going to do.
Mr. Miller I did then, thats when they were more temporary buildings, before the meeting a year ago so I didn’t think it was going to get this involved. I thought I could fasten those down, they are decent footers you have to have a surface to start with. I don’t know if it will be good enough for them, I’m not an engineer. There are only two containers there now, waiting to figure this out before getting the other two.
Mr. Goodlett so basically we agreed to cover them so the containers aren’t showing like a shed.
Mr. Miller yes, I can do that now but I’m afraid I’ll have to move the containers. May have to scoot them out of the way to take out the concrete that is there.
Mr. Goodlett I don’t understand why you can’t just put a pole barn around them.
Mr. Miller because we are using the sides as a more stable background for the mulch piles. You can’t do that with just a pole barn you would have to concrete up so high. Then you have so much money tied up.
Mr. Goodlett I owned a nursery in Taylorsville at one time and I used those concrete walls.
Mr. Miller but that doesn’t give me dry, mouse free storage. The containers are water tight and rodent tight when you shut them. Two purposes a stable wall and dry storage.
Mr. Goodlett but from the word go last year it was cover them.
Mr. Miller right, I understand.
Mr. Goodlett when you walked out of here the bottom line was to get them covered.
Mr. Miller right.
Chairman Murphy you said something about painting them and sprucing them up too.
Mr. Miller if I cover them then I wouldn’t have to paint them because of the metal on the outside. If that would please you all I can probably have that done by December, it will be screwed metal. I am hoping to find an engineered plan here in the next month. It shouldn’t be that big of deal so I know what I am doing as far as moving them or not. But I’ll let you all make that decision we can get it covered as soon as possible, say by December 1 so they don’t show it will look like a metal wall.
Mr. Goodlett questioned Administrator Sweazy if we extend this and he doesn’t do what we ask him to do what are the circumstances. If we give him three months or six months and its not done can we flat deny everything.
Administrator Sweazy you can withdraw his Conditional Use Permit. One of the main reasons he came back in was those storage containers are against our regulations so we were trying to do him a favor by saying you could build around them to cover them and hide them so they are undercover, trying to find a little loop hole in the regulations on that.
Mr. Goodlett so we done you a favor in the first place because we weren’t supposed to let you have them there like she said.
Mr. Miller technically I’m using them as a building material not just as storage same as any building material like block. I never intended to leave them out, I didn’t intend to cover them but I did intend to attach the building like we said.
Mr. Goodlett the way I see it you need to build a pole barn and put the containers inside of it.
Mr. Miller but that doesn’t give me the outside wall for my mulch.
Mr. Goodlett you may have to come up with plan B on that one as far as I’m concerned. Just my opinion.
Mr. Curtsinger how much time to get this…
Mr. Miller I would like six months, one winter is going to be tough to get it done in.
Ms. Hoene I’m new to this, so he came in originally and ask for so much time, how much time did we give him?
Administrator Sweazy he had years to be honest.
Mr. Miller a year.
Administrator Sweazy going back to the first Conditional Use Permit he was able to operate the nursery on the property period. So just by not doing these things you could pull his Conditional Use Permit and it would shut his nursery down all together.
Mr. Miller even on the other side of the property.
Administrator Sweazy yes, its all connected, its all one.
Mr. Miller there's two separate pieces of property, one side is a farm.
Administrator Sweazy its how its zoned that is why you had to do this. The front half was zoned residential. He needs to comply with these things. When he first came in it was a different type of fence, different type of sales office, there were several little things that were different. So we brought him back in because he put those storage units out there…
Mr. Miller which I didn’t know, I would never had I known the 2014 law. Nelson County and here are the only place in the state that you cannot have them.
Administrator Sweazy continued that we brought him in because a few other things like the sale building, fence was different and several little things. We tried to cover it all in this one which was last October and he was given a year. So our year is up and that is why we brought him back in.
Ms. Hoene I understand.
Mr. Goodlett we certainly don’t want you to go out of business.
Chairman Murphy how much time do you need because if you don’t get it done…
Mr. Miller I would like six months. If I had found this out in August we were really planning on working on it. My son developed ITP which is a blood disorder and its been a financially setback. This is an ongoing long term thing that is taxing.
Ms. Hoene you couldn’t do like Mr. Goodlett said build a building to put them in then worry about the concrete wall to put your mulch at a different…
Mr. Miller these are mouse proof and they are main level storage which allows people to walk straight in.
Mr. Goodlett its not going to change that just gotta cover them up.
Mr. Miller shes saying not use those, use a pole barn.
Mr. Goodlett no I’m saying put them inside the pole barn.
Administrator Sweazy so set your post on each side of the containers and wrap the pole barn around them.
Mr. Miller but I’ve already got the materials for the hoops.
Administrator Sweazy I was just explaining what he was saying.
Chairman Murphy so you already have a roof for them.
Mr. Miller I already have the rood material for them. Its a greenhouse structure.
Ms. Hoene then why isn’t it up then if you have all the materials.
Mr. Miller because I have to have an engineered drawing.
Mr. Goodlett to put a greenhouse.
Mr. Miller yes if its connected to these buildings.
Administrator Sweazy it would have to be built to commercial specs.
Mr. Curtsinger so how much time Mr. Miller.
Mr. Miller I would like a year but six months sound more than fair.
Mr. Curtsinger we are all pro-business, no one wants to run you out of business. If you are saying you can do this in six months then I am in favor of giving you an additional six month extension but we don’t want you to come back. We don’t want Ms. Jan bringing you back in because you haven’t got it done. So we your commitment today
Mr. Miller I understand.
Mr. Curtsinger need a firm commitment knowing that if you come back we dont have any other choice…
Mr. Ethington but to shut you down.
Mr. Miller right. Shut down is a pretty mean term.
Ms. Hoene you have had a year though.
Mr. Miller I have my farm on the other side and I can still run my business out of there but.
Mr. Goodlett get the containers covered bottom line.
Mr. Curtsinger get them in conformity that is what we want. You are only hear because you haven’t done what you said you would do.
Mr. Miller I agree.
Mr. Curtsinger I’m in favor and I will make a motion to give him a six month extension knowing that this is the last extension, that you have to get it completed within that six months.
Administrator Sweazy last day of April.
Mr. Curtsinger yes maam because he said he can do it in six months.
Mr. Goodlett so with your motion he will have the buildings covered up or gone.
Mr. Curtsinger agreed covered up or gone.
Mr. Goodlett and if he doesn’t do that then he hasn’t done what we’ve ask him to do.
Mr. Curtsinger ask Ms. Kehne, Enforcement Officer if this is in agreement with her.
Ms. Kehne this is with you all, I only enforce what you all set to record.
Mr. Curtsinger so you are not objecting.
Ms. Kehne I have nothing to object to.
Mr. Goodlett second the motion. Motion carried unanimously.
Chairman Murphy motion passes, you have six months.
Ms. Kehne offered to contact him with someone that might be able to assist him with engineered plans.
The board members were all overwelmed by the emotions shown in the meeting today.
Administrator Sweazy noted that they needed to schedule their next meeting. She also noted if it weren’t something you could legally do, I wouldn’t bring before you. She wanted to read over Article II, Section 201(2) with them.
Mr. Curtsinger it say you can’t do it.
Administrator Sweazy disagreed she read: shall not be repaired or reconstructed except in conformity with this ordinance; provided, however, that a non-conforming residential structure may be rebuilt in the same general yard area if such damage was due to fire or natural causes and if rebuilt within 12 months of the date of damage. So if you were on the leaning side of wanting to allow them to do you could have barganed with them to maybe make the building smaller, or maybe even if we allow the barn we aren’t going to let you rebuild the garage. So you can…
Ms. Kehne questioned the lot coverage with the house.
Administrator Sweazy I would have to calculate it.
Mr. Goodlett I would really like to work with this lady.
Administrator Sweazy and I felt that.
Mr. Goodlett its a financial burden.
Mr. Ethington but what he was asking for was to make it a lot longer, totally different than what the original was.
Chairman Murphy but he narrowed it, basically the same square footage.
Administrator Sweazy felt the reason he narrowed it was to better the driveway to get back to the green houses on his uncles place. You could have required him to shorten it. I know he already has post in the ground, but that is his own falt. You could have had him turn it the other way where the garage and the barn was.
Mr. Curtsinger so the greenhouses are on additional property not this property. It all looked like the same junk yard to me.
Administrator Sweazy it all runs together.
Ms. Hoene I would have had a hard time voting for it by the second thing on the findings: Will (or will not) alter the essential character of the general vicinity; Will (or will not) cause a hazard or a nuisance to the public. Well its definitely a nuisance, it’s awful. A hazard yes.
Mr. Curtsinger I bet you have had complaints.
Ms. Kehne I have had complaints.
Ms. Hoene you can’t get them to clean it up.
Administrator Sweazy explained that her recourse will be to appeal it to circuit court. Appeal the boards decision to circuit court. But I think the motion you made due to the size of the lot, if the septic system fails where would the repair area be, I feel you gave good reason why you felt it should be denied.
Mr. Curtsinger sure.
Mr. Goodlett I still hate it.
Ms. Kehen I have a lot of cases that are very sympathic and I have to walk out shaking my head about what we have to do. Because it is written by law what I have to do, there are very few joys to this but sometimes usually a neighbor is really happy when you get something cleaned up. We have had neighbors complain about this property for a long time.
Mr. Goodlett have you had complaints about this property?
Ms. Kehne yes.
Mr. Curtsinger what did they say when you approached them.
Ms. Kehne one time he told me I ain’t doing a damn thing. But this is totally different than what I do.
Mr. Goodlett figured the people from the church would complain.
Ms. Hoene people want to get along so they…
Ms. Kehne when someone makes a complaint I have to have their name.
Administrator Sweazy I don’t know about the legalities of discussing this since they have left.
Motion was made by Dean Curtsinger, second by Charlie Ethington to adjourn. Motion carried.
Minutes approved 11/9/17