PLANNING & ZONING
CITY/COUNTY JOINT
MINUTES

MINUTES OF THE MEETING
OF THE
TAYLORSVILLE-SPENCER COUNTY JOINT
PLANNING AND ZONING COMMISSION

 

The regular meeting of the Taylorsville-Spencer County Joint Planning and Zoning Commission was held September 6, 2018 at 7:00 p.m. in the meeting room, East Main Street, Taylorsville, KY.

Chairman Deapen called the meeting to order.

Present were Lowry Brown, Dwight Clayton, Gordon Deapen, Diana Faue, Marsha Mudd, Teddy Noel, Anthony Travis, and Paula Wheatley. Also present were Administrator Julie Sweazy and Attorney Dudley Dale.

Motion was made by Commissioner Travis and seconded by Commissioner Noel to approve the docket for the meeting. Motion carried with none opposed.

Motion was made by Commissioner Mudd and seconded by Commissioner Clayton to approve the minutes of the August 16, 2018 meeting as written. Motion carried with none opposed.

Committees report:

There were none.

Attorney Dale, as a notary, gave the oath for testimony to those who wished to address the commission at this meeting.

Old Business:

There was none.

New Business:

The application of James R. Peak requesting Ag-1, agricultural to R-1, residential on 2.25 acres located 5684 Little Mount Road was heard. Administrator Sweazy explained that the Comprehensive Plan recommends mixed use. When the property was purchased a few years ago it was done by deed only with no survey plat. It was not brought before the office for approval.

Ruth Hollan representing Mr. Peak explained that he could not be at this meeting. He is trying to bring his property into compliance and do the right thing.

Administrator Sweazy explained that this plat was done just for the purpose of rezoning. No one was present to speak regarding the application.

Motion was made by Commissioner Travis and seconded by Commissioner Mudd to waive the procedures and act upon the application at this meeting since there is no one in opposition. Motion carried.

Motion was made by Commissioner Faue and seconded by Commissioner Noel to recommend the rezoning of James R. Peak from Ag-1, agricultural to R-1, residential based on the following findings of fact: The Comprehensive Plan recommend mix use. The change will be in compliance with the Comprehensive Plan. A Proper Plat needed to be drawn. There was no one present to speak against the request.

Commissioner Clayton noted that the address of 5894 Little Mount Road was incorrect. After discussion it was decided that the part of the property being changed was previously part of the 5894 address.

The motion carried.

The application of David and Linda Koger requesting Ag-1, agricultural to R-1, residential on 1.59 acre located 3170 Bloomfield Road was heard. Administrator Sweazy explained that the Comprehensive Plan recommends medium density residential. The Kogers are requesting to cut the existing frame house off the farm with the 1.59 acres to sell. A zone change will be needed.

Peggy Heckert, daughter-in-law of the Kogers and a realtor, of 2290 Cecil Noel Road represented Ms. Koger. Ms. Koger was present. She explained that they want to sell the house with the acres.

Administrator Sweazy explained that they still have the balance of the property.

The commission noted that there is a flag lot.

Commissioner Clayton questioned if there is an overhead utility easement.

Administrator Sweazy explained that the surveyor is doing research trying to find the easement.

Commissioner Clayton asked if the building with the X is the existing home.

Administrator Sweazy’s reply was yes.

Ms. Heckert explained that the house was built in two phases.

Commissioner Clayton noted that the set back is 50 feet. This house is actually 18 ft. He understood that the commission is dealing with an old house.

Motion was made by Commissioner Travis and seconded by Commissioner Noel to suspend with the procedure since it meets the guidelines and regulations and act upon the application at this meeting. Motion carried with none opposed.

Commissioner Clayton questioned if the home was ever demolished and there is a new building, if it will have to conform to the new regulations.

Administrator Sweazy explained that it would fall in conforming use. If they tear down the home, but place it back within a year, it can be put back in the same foot print. She questioned if the state has a highway there and there is no problem, what the problem would be replacing the home.

Ms. Heckert explained that Mr. Blandford’s home sits behind this home. She questioned if a person was made to go the new setback, what would keep them from infringing upon him. The lot on the right falls off to an old pond. She asked the commission not to put restrictions on the request not unless they had to.

Commissioner Clayton explained that since it is a zone change the commission can look at the regulations which tell what the property should be. If the home keeps the same foundation he can see renovation. If someone does away with the home then there are the new regulations.

Chairman Deapen questioned how much impact would this have on selling the property.

Ms. Heckert explained that it would have to be disclosed to the buyer. It’s not ideal for someone to be told to build a house back it needs to set back a little bit with the pay lake and Mr. Blandford behind it.

It was noted that the actual address to this house is 3146 Bloomfield Road.

Motion was made by Commissioner Clayton and seconded by Commissioner Brown to recommend approval for the application of David & Linda Koger for 3146 Bloomfield Road from Ag-1, agricultural to R-1, residential due to the following findings of fact: The Comprehensive Plan recommends medium density residential. The change would be in compliance with the Comprehensive Plan. This is with the binding element that if ever the house is demolished and any new building be erected with the setback standards. Motion carried.

The application of Joe Abbott requesting Ag-1, agricultural to R-1, residential on 2.08 acres and Ag-1, agricultural to Ag-2, agricultural on 5.13 acres locate the 900 block of Chatman Lane was heard. Administrator Sweazy explained that the Comprehensive Plan recommends medium density residential. He is requesting to create the 2.08 acre tract for his mother in law to build a home. He is also requesting to create the 5.13 acre tract for a friend to build a home.

Joe Abbott was present. He explained that he was trying to build two houses on the property.

Administrator Sweazy explained that Tract 2 I taking acreage out for the right of way. The next two lots have homeowners. Mr. Abbott owns the farm behind the other home owners. He is asking for Ag-2, agriculture since it falls within a mini farm.

Mr. Abbott explained that he has 204 acres left.

Commissioner Travis questioned if a stream runs through these lots.

Mr. Abbott’s reply was yes. The portion that these tracts are on never floods much.

Administrator Sweazy explained that she has already told the builder to go to the Division of Water for any bridges or crossings.

None in the audience had signed to speak regarding this application.

Motion was made by Commissioner Brown and seconded by Commissioner Faue to suspend with the normal procedures and act upon this application at this meeting. Motion carried with none opposed.

Motion was made by Commissioner Faue and seconded by Commissioner Noel to recommend approval on the application of Joe Abbott requesting Ag-1, agricultural to Ag-2, agricultural on 5.13 acres of Tract 1 and Ag-1, agricultural to R-1, residential on 2.08 acres on Tract 2 due to the following findings of fact: The request meets the Comprehensive Plan recommendation of medium density residential. The request would be in compliance. No one was present to speak against the change. Motion carried with none opposed.

The application of Jonathan Lee Hochstrasser requesting Ag-1, agricultural to R-1, residential on 4.40 acres located 20000 block of Hochstrasser Road was heard. Administrator Sweazy explained that the Comprehensive Plan recommends medium density residential. Mr. Hochstrasser acquired this property from his parents several years ago and it was never rezoned. H now owns the balance of the property around it, but prefers to keep it separate. He therefore needs to have the zoning to bring it into compliance. This property is split by the Shelby/Spencer County lines. Since the property is taxed in Spencer, Shelby County has agreed to it being handled in Spencer County.

Mr. Hochstrasser was not present.

Motion was made by Commissioner Faue and seconded by Commissioner Noel to continue this application since no one was present to speak. Motion carried.

General Questions or Discussion:

Commissioner Brown explained that Shelby nor Nelson have no term for grandfather regarding trailers.

Administrator Sweazy explained it is referred to as nonconforming.

Commissioner Clayton recommended that everyone read page 9 regarding binding elements.

Attorney Dale explained non-conforming can fall under the Board of Adjustments.

Motion was made by Commissioner Travis and seconded by Commissioner Brown to adjourn. Motion carried. None opposed.