PLANNING & ZONING
BOARD OF ADJUSTMENT
MINUTES

Taylorsville-Spencer County
Board of Adjustment
Meeting Minutes

The Taylorsville-Spencer County Board of Adjustment held a meeting on Thursday October 20, 2016 at 4:00 pm in the Planning and Zoning Office located at 28 East Main Street, Taylorsville, Ky. 

Vice Chairman Goodlett called the meeting to order.  Present were Dean Curtsinger, Doug Goodlett, Greg Murphy, Charlie Ethington and Administrator Julie Sweazy.

Motion was made by Greg Murphy, second by Dean Curtsinger to approve the docket. Motion carried. 

Motion was made by Greg Murphy, second by Charlie Ethington to approve the minutes of July 7, 2016.  Motion carried.

There were no committee reports.

Dean Curtsinger wanted to state that he lives in the neighborhood, knows Mr. Millers father, in the past he has made purchases from their business. He is not associated or invested in their business in any way. Board members Murphy and Goodlett also noted the same.

Administrator Sweazy felt as long as the disclosed it and there is no financial gain it, they are good to proceed.

Administrator Sweazy administered the oath for testimony to Jeff Miller.

Unfinished Business: There was none.

New Business:

The application of Jeff Miller requesting an amendment to his existing Conditional Use for operating a landscaping and nursery facility at 6061 Taylorsville Road was to be heard.  Administrator Sweazy noted that she had provided the board members with a great deal of information on the application. She explained that October 2008 Mr. Miller and his father came in for a Conditional Use permit at that time they presented a layout drawing with an entrance off Hwy. 155, parking, office building, shade houses and the rest for growth of nursery products.  They also proposed a board fence/split rail fence along the front and a sign.

Vice Chairman Goodlett questioned if it was up.

Administrator Sweazy the sign is up. Instead of doing the split rail fencing he went with wire fencing to better secure his products and able to lock a gate. She showed a picture that Mr. Miller had provided at that time of a shade house, also a drawing of a cabin style with a green metal roof to use as a sales office. There are updated pictures in your packets that Mr. Miller provided so you can see the changes he has made since 2008.  He has always kept everything neat but we had something come up that brought our attention to his property. We pulled out his plan to refresh we found a lot of things he had originally agreed to had not been followed through with. So we ask that he come in before you, show you the changes and ask if he can continue on with his business. She is going to let him better explain each photo that he has provided. One thing that he has done is brought in freight containers, he has two on the property currently. In out Zoning Regulations it states that you cannot have those on outside storage. We understand the need for storage but if he could somehow get those under roof, there might be a possibility of a way to work with him on those.  To build something that would expand over them and paint everything to match and stay in conformity.  He has proposed to use a hoop style cover and that would be up to the board if that would make if fit in the guidelines. Here for two situations, 1) conditional use of being able to continue to operate and 2) find a way to use the freight containers otherwise he will have to remove them.

Jeff Miller explained the pictures provided.

Exhibit 1 – Fence he felt the wire fence would do better at keeping people than the split rail because the merchandise is there by the road. Has had some theft of items, couple trailers and a few plants. Gives good viability of merchandise and they can hang sprinklers off the backside.

Exhibit 2 – Picture of the side of the containers as they appear now. They plan to paint those and that will be basically the side of the clear span building that he is proposing to do. The advantage is the height and for supplies like (Exhibit 3) to use as the back board of storage bins for mulch and stuff and use large concrete blocks to separate them. He had no knowledge of the law against containers he checked everywhere else and found no laws against them.

            Vice Chairman Goodlett is there a concrete wall at the back of it?

            Mr. Miller no the container is the wall. That was the idea, it would serve as two purposes. Not have to build a wall and have the storage.

            Vice Chairman Goodlett ask if he felt they looked junky when they are empty and got stuff all over the side of them. He felt the mulch would eat the paint off.

            Mr. Miller hasn’t painted anything and put mulch against.

            Vice Chairman Goodlett noted that it is pretty acidic.

            Mr. Miller wasn’t sure about the mulch, rocks could cause knick’s, but anything painter either metal or wood it would be the same.

            Vice Chairman Goodlett felt concrete on the side and concrete on the back would be more uniform. 

            Mr. Miller the cost of concrete barriers or concrete walls would cost what five of those containers cost.  Container prices are down to a third of what they were several years ago.

            Exhibits 4A, 4B & 4C – The diagram of what he originally had thought of doing. He already has the hoop houses/greenhouses that he previously purchased. With the long term plan of doing this he purchased those years ago. Constructed like this is 30 wide 80 long, the containers are 40 feet long.

            Charlie Ethington questioned if they were going to remain in the same location.

            Mr. Miller yes they are setting on concrete pads.

            Charlie Ethington went by there and felt they are sort of an eye sore the way they look.

            Mr. Miller right because they aren’t finished.

            Charlie Ethington if you put this in the middle then you will have to put some on the other side, so it’s not going to cover this up at all and it needs to be under cover. This just shows it meeting the two together.

            Mr. Miller that is why we are here today to try to figure it out, to see what you all think or  any ideas. 

            Dean Curtsinger felt looking at the regulations that it is pretty clear cut that they are not allowed to be exposed however I have a suggestion and that would be to take the hoop cover and completely cover these containers.  If the containers are covered and not outside, it doesn’t stipulate what kind of material they have to be covered with but I am assuming this Tough Cover would be adequate. This would probably meet the criteria of they cannot be exposed.

            Mr. Miller I understand.

            Administrator Sweazy that is one thing we talked about in the office when he came in. The diagrams show the hoops going to the inside edge of the containers, we said to take them all the way to the outside of the containers. I realize that will eat away some of his space in the middle but that will get them completely under cover so that does away with the outside storage wording of the regulations.

            Dean Curtsinger ask if he has the hoops in place.

            Mr. Miller no.

            Dean Curtsinger good, you are going to have to conform to the regulations you will have to purchase the hoops big enough to enclose the containers.

            Mr. Miller so the outside facing Hwy. 155 can still be an outside wall?

            Dean Curtsinger no it says the containers can’t be outside, you are going to have to enclose those somehow. Looking at this diagram it looks like that will be the easiest way to do this.

            Mr. Miller questioned the sidewall.

            Dean Curtsinger you can have another wall of some type as long it is concealing the containers. He felt the regulations were saying no containers exposed. So if you paint it, it is still going to be exposed. I’m suggesting you buy hoops large enough to cover the outside of the containers.

            Mr. Miller can I put another wall on the outside of that.

            Dean Curtsinger sure.

            Vice Chairman Goodlett noted he could put them side by side and put a roof over them.  Frame the sides and put a roof over them.

            Mr. Miller the idea was for them the be the wall inside and outside and with the hoops he currently has that would only leave him about 12 feet in the middle instead of 30 feet.

            Vice Chairman Goodlett so you are going to be loosing workable space.

            Mr. Miller yes, its going to cut it in half.

             Vice Chairman Goodlett you’ve got yourself a good business out there. You are in the biggest pristine area in Spencer County. This biggest and nicest house, the richest people and this is kinda ugly.

            Mr. Miller agreed but the way they look is not the way he intends to leave them. We stopped as soon as we heard there were issues. I didn’t know and the average person doesn’t have knowledge that they aren’t allowed.

             Vice Chairman Goodlett you are asking for us to pass something that is against regulations.

            Dean Curtsinger everybody hear has seen your business, you are good edition to the economy of Spencer County, you employ people all you have to do is bring a few things into compliance. Looking at the regulations that say the sides cannot be open, you will have to determine a way to conceal these within a structure of some type. Hoops or build something else. I don’t think anyone is going to object to you keeping the ends of them open so you can access the materials you have stored. If you can figure that out, we want you to prosper.

            Mr. Miller so if I go with the bigger hoops to still give me the center space would that be okay.

            Dean Curtsinger sure.

            Mr. Miller I don’t want it any bigger than that. He didn’t feel it would be any problem to cover the side, paint or covered with metal.

            Dean Curtsinger noted that these are over seas containers and felt they had some kind of coating to prevent oxidation of the steel. You can paint them if you want but they have to be covered.  I’m sure you could figure out a way to screen them on the side. Other than that I have no objections.

            Administrator Sweazy felt they had covered the containers and requested he continue with his plan.

            Mr. Miller – Exhibit 5, the office, – he talked with the building inspector because there is so much fill there on the left side to be economical he went with the storage shed because he may need something bigger ten years down the road and also more affordable. He was told to put it on a slab, as you see in the picture it is already there but would like to put a lean 2 on the side to cover mulch materials about eight feet.  

             Vice Chairman Goodlett questioned the camper.

            Mr. Miller that is my camper stored there.

             Vice Chairman Goodlett how tall is the building you want to put the lean 2 on ?

            Mr. Miller its a 12x30 with a 7x10 door so its probably 10 tall. Would also like to put a green house behind it connected to it so you can walk through. That would be our working greenhouse for the person that is there manning the nursery that day also a place to work during slow months. Referenced Exhibit 7 for the layout it shows the office and the greenhouse behind it. Right now the only permanent structure besides the sign and office is the shade house (Exhibit 6) that he would like to convert from a shade house to a full season greenhouse. He also has a temporary shade house 24x30, they put it up in the spring and take down in the fall. It is for annual plants, they have had a lot of issues with wind there.  He has tried to layout stuff to reduce the wind on his materials. The plant beds shown are all there, so basically we moved it back and smaller than what originally planned. The other type shade house restricted the use of their loaders and don’t have to worry about snow loads.

            Vice Chairman Goodlett noted that they talked about not exposing the containers, what about the concrete storage bins?

            Mr. Miller if I go with metal on the storage containers they back against that. I couldn’t afford to build a concrete back wall.

             Vice Chairman Goodlett questioned the distance the bins would be from the road.

            Mr. Miller approximately 140 feet from the road.

            Dean Curtsinger it pretty much conceals where you are putting the mulch…it’s down hill.

            Mr. Miller not really it is pretty flat, I just want to get that display up that way. People stop and don’t realize what we have before going over the ridge.  We would like to contain all the retail sales to this area, want to use the lower end to grow.

            Administrator Sweazy questioned the drawing (Exhibit 7) as to how long are the containers.

            Mr. Miller 40 feet.

            Administrator Sweazy so right now you have two setting end to end.

            Mr. Miller 80 feet.

            Administrator Sweazy are you planning on moving one of those to make the other side or you talking about…

            Mr. Miller bringing in 2 more.

            Administrator Sweazy so you are going to end up with four containers instead of two.

            Mr. Miller that's correct.

            Dean Curtsinger mentioned a retaining wall.

            Mr. Miller said he would not need a retaining as he will be able to enter it from each end. So it will be open on each end.

            Administrator Sweazy so right now you have the two containers…

            Mr. Miller right and behind that is a hill of dirt that will be removed to set the other two.

            Administrator Sweazy so they will be further back from the road.

            Mr. Miller right the two there now will be the closest to the road. 

             Vice Chairman Goodlett I have a question for Julie. We don’t like the containers, I don't’ really like the lean 2 but that’s my personal preference. Does he have to come back?

            Administrator Sweazy to do the other two…

            Vice Chairman Goodlett with a complete new drawing showing this…

            Administrator Sweazy I don’t think so because its on this drawing, that’s why I questioned him, it shows 80 feet. This way you know in advance that he is planning on bringing two more of those in.  He is showing them parallel so he can put the hoop over them.

            Vice Chairman Goodlett so they set parallel with Hwy. 155, correct?

            Mr. Miller yes.

            Dean Curtsinger I think the issue with the containers is pretty much cut and dry by the regulations that they are going to have to be concealed. They are going to have to be covered regardless of wither there are two end to end or side to side they are still going to have to be covered. You are going to have to agree that you are going to conceal those, the ends can be open so you can access the product. That takes care of that issue, the other issue is...

            Vice Chairman Goodlett I don’t like the lean 2, with 7 feet you get no fall to it and if you go flat it won’t hold up to snow. Just don’t like a lean 2 on a 7 foot high building but that’s my personal preference not every bodies.

            Administrator Sweazy questioned would he not store that in there once its situated.

            Mr. Miller no that is mulch that people load into their cars. I don’t have to put the lean 2 on, it’s not there now I was just trying to make it nicer for the customer. There would be probably a foot fall from the building to the lean 2.

             Vice Chairman Goodlett are you going to cover it to cut down on the west winds.

            Mr. Miller was more concerned with straight down heavy rains. It is mulch so it won’t hurt to get a little wet. No big deal but has had people complain about wet mulch and wet top soil in the bags.

            Dean Curtsinger so this is packaged material that you are stacking next to the office. I don’t have a problem with a lean 2 to cover that.

            Mr. Miller noted that it is on pallets already so its pretty easy to get it in and out of.

            Dean Curtsinger how big is the storage shed we are talking about putting the lean 2 on.

            Mr. Miller 30 feet long and 8 foot lean 2.

            Administrator Sweazy commented that the building is 12 feet wide with the lean 2 it will be 20 feet. So it will be a 20’ x 30’.

            Dean Curtsinger didn’t have a problem with it.

             Vice Chairman Goodlett noted that the height is what he didn’t like. He noted that it would start much taller then him and then need to fall.

            Dean Curtsinger estimated a ½ inch fall to every foot. I don’t have a problem with the lean 2 on the office that takes care of issue number two. It will have to be constructed to hold the weight of the snow.

            Administrator Sweazy noted that he building inspector will look at it. He will have to get a building permit for all these buildings.

            Mr. Miller commented that he has a permit for the office.

            Administrator Sweazy pointed out that if he does an addition to it a permit is needed. She also felt that the hoop buildings would need a permit because it’s commercial.

            Dean Curtsinger questioned what else is needed.

            Administrator Sweazy explained that he is also there because his layout changed from the original Conditional Use Permit.

            Dean Curtsinger is there anything that conflicts with the current regulations.

            Administrator Sweazy no, other than the containers but if agreement is made we are good.

            Dean Curtsinger felt either fence style is adequate.

            Administrator Sweazy all that is up to you all.  You can approve the new or hold him to what he originally agreed to as far as the fence or office building. Only request is when making a motion be sure to include every little detail in the motion.

            Dean Curtsinger felt if he did the split rail he would still need the woven wire behind it for protection.

             Vice Chairman Goodlett could understand his reasoning for changing the fence type. He requested to go back and visit the issue of painting the storage containers.

            Mr. Miller it would probably be painted metal that I put on the sides.

            Vice Chairman Goodlett what about the doors on the ends with all the stickers.

            Mr. Miller yes and I’ll probably paint the inside of them too.

            Administrator Sweazy you also need to let him know about the containers, if he can get the others or if two is his limit or can he have the four. Even by his drawing he has shown as future to possibly have four more.

             Vice Chairman Goodlett so you have to put two for the other side which won’t be visible.

            Mr. Miller right, other than maybe the back side. They will be parallel with Hwy. 155

            Vice Chairman Goodlett and you are going to put them completely inside the building.

            Mr. Miller right, that sounds like its the only way its going to work. I will have to price those, I only have hoops that are 30 feet right now if I use those then I don’t have much footage left in the middle. I will see if I can get some wider hoops to give the storage inside that he needs.  

            Administrator Sweazy questioned if he put the hoops on top of the containers what would the overall height be. I am trying to make sure you don’t exceed the maximum height requirement.

            Mr. Miller 19 feet maybe 20 feet.

            Administrator Sweazy so no taller than a two story house.

            Mr. Miller knows the height of what he has now will have to check on the larger ones.

            Administrator Sweazy will get the height maximum to him. She also noted that she had only heard from two individuals concerning the application.  One gentleman that did not provide a name had concern over the metal on the barn roof on Wilsonville Road needed to be tacked down. I received a letter (Exhibit 8) from Lawrence and Joyce Mialback offering support of the business.

             Vice Chairman Goodlett if there is no more discussion, he was ready for a motion.

            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.

            There were no general questions or discussion on the docket.

Motion was made by Charlie Ethington, Second by Greg Murphy to adjourn the meeting. Motion carried.  

(4:53:23 pm)

Minutes Approved 4/13/17