PLANNING & ZONING
BOARD OF ADJUSTMENT
Board of Adjustment
The Taylorsville-Spencer County Board of Adjustment held a meeting on Thursday October 4, 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 Charlie Ethington, Annelle Hoene, Doug Goodlett, Greg Murphy, Attorney Dudley Dale and Code Enforcement Jan Kehne.
Motion made by Annelle Hoene, second by Charlie Ethington to approve the docket. Motion carried.
Motion made by Annelle Hoene, second by Doug Goodlett to approve the minutes of September 13, 2018. Motion carried.
There were no committee reports.
Enforcement Officer Mrs. Kehne administrated the oath for testimony to those present requesting to speak.
Unfinished Business: There was none.
The applicant Jeff and Kathy Elmore requesting a Variance on a side yard setback from required 50' to be 33' off the right-of-way. Location 463 Goodlett Road. The applicant was notified by office staff of the need for a building permit as well as setback requirements. Staff requested that they stop work until location was rectified. Requesting variance for the location since the building was already under construction and does not meet setback requirements.
Jeff and Cathy Elmore approached the podium.
Mr. Goodlett, how far are you off the right-of-way?
Mr. Elmore, 58 ft
Chairman Murphy, are your utility easements affected?
Mr. Elmore, no
Chairman Murphy, any complaints (directed to Mrs. Kehne)
Mrs. Kehne, no one has called in to complain.
Commissioner Murphy, wasn't there some problems with the roads in this subdivision?
Mr. Goodlett, This subdivision was not built correctly, the roads are still gravel, and probably not built correctly. Goodlett Road is paved but the other roads have not been paved. There was a bond on the roads and when it was cashed the roads should have been paved.
Mr. Elmore we have a survey showing the road to be thirty feet.
Mrs. Hoene, were all of the adjoining property owners notified, even across from them on Baker Court.
Mrs. Kehne, all adjoining property owners were notified, and this is why the setback is so far back, because their property is a corner lot of Goodlett Road and Baker Court.
Mr. Goodlett, I am going 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;
Page 2 of 3
BOA Minutes 10/4/2018
will not allow unreasonable circumvention of the requirements of the Zoning Regulations. There isn't anyone here to oppose this, it does not interfere with any utilities I make a motion to accept the variance.
Commissioner Murphy, motion has been made, a second
Mr. Ethington, second
Commissioner Murphy, any discussion, none, all in favor, aye, opposed, none, motion carried
Mrs. Kehne, Mr & Mrs Elmore, you will need to purchase your building permit and you can start working on your garage after your permit is approved.
Chairman Murphy, next
Mrs. Kehne, Our next applicant is Down & Dirty Lawn & Grading, requesting a variance on the street front-yard setback from the required 50' to be 5' off the right of way. The location is 67 Hunter Road. They are proposing to build the first 10 storage units and later do additional units behind them. Therefore he is requesting to pull this set of units forward to allow turn around space for large campers and boats. You will find a plat drawing by the applicant and photos.
Danny Hardin approached the podium.
Mr. Hardin, so you might understand the situation a little better, there should be a pink highlighted area where the building will be built.
Chairman Murphy, if I understand this correctly, you can't go back on the property any deeper?
Mr. Hardin, no I ran into a problem with the building inspector, because of the fill, to build we need to be off the fill. It falls off to much in the back to build there
Mr. Goodlett, sort of like what happened over at my lot I sold?
Mrs. Hoene, are you planning on building more behind these?
Mr. Hardin, no, in a row, if you look at the plat you will see where the next building will be.
Mrs. Hoene, how many acres?
Mr. Hardin, two acres, I want to put buildings on both sides of the entrance
Chairman Murphy, you have it cleaned up, it looks nice, I see where it drops off in the back
Mrs. Hoene, Is this a business interest for this business?
Debbie Hardin approached the podium
Mr. Hardin, the property is owned by Down & Dirty but will be called Fish Hunters Boat and RV Storage
Commissioner Murphy, thats a county road now and the county has to maintain it?
Mr. Hardin, that is right
Mr. Goodlett, there are boat storages in Settlers Trace, across the street and ½ mile down the road. I want to make a motion, the granting of this variance will not adversely affect the public , health, safety or welfare, will not alter the essentials character of the general vicinity; will not cause a hazard or a nuisance to the public; and wile not allow unreasonable circumvention of the requirements of the requirements of the Zoning Regulations. There are other boat storages and campgrounds in the area and because of the lay of the land he can not build on the back of the property.
Commissioner Murphy, a motion has been made, do I hear a second,
Mr. Ethington, Second
Commissioner Murphy, I have a second, any discussion, none, all in favor Aye, opposed, none, motion passed
Chairman Murphy, Mr. Dale have a question has anyone sent a letter to Mr. Miller about the
Page 3 of 3
BOA Minutes 10-4-2018
Attorney Dale, no I have not , I understand you want to revoke his conditional use permit. Has anyone contacted him regarding this?
Mrs. Kehne, not lately, he has received several notices and has come before the Board of Adjustment several time. Julie sent you the minutes of the prior meetings with Mr. Miller. He came in and purchased his building permit permit but I believe it has now expired.
Mr. Goodlett, I am in the dark on how to proceed
Attorney Dale, I could send him a letter but I'm not sure what you would want me to ask. I do not have the authority to revoke his permit, I would suggest you have him come in and tell you what he is planning on, and if that does not answer your question or satisfy you, then you will need to show just cause for revoking his conditional use permit.
Mrs. Hoene, we don't want to put businesses in Spencer County out of of business but he is just ignoring us
Attorney Dale, they do that sometimes
Mr. Goodlett, if we pull his permit what does that mean?
Attorney Dale, I will send him a letter, explaining why his permit has been revoked, but I still would like to see him show just cause.
Mrs. Hoene, I would like to make a motion that we give him (Mr. Miller) a chance to come to show just cause of why he has not done what he was suppose to do
Chairman Murphy, do I have a second?
Mr. Goodlett, second
Chairman Murphy, I have a second, any discussion, none, all in favor, aye, opposed, none, motion carried.
Mrs. Hoene, so you are going to write him a letter
Attorney Dale, I will do that as soon as I can get a copy of the minutes. I will send Mr. Miller a letter, the minutes do not need to be approved.
Mrs. Hoene, I don't want to give him three months
(much discussion, everyone talking)
Attorney Dale after I get the minutes I will send him a letter and give him thirty days to bring the property into compliance or he will have to come before the board, if that works for you
Mr. Goodlett, Jan would it be a lot of trouble for you send me the minutes of the meeting?
Mrs. Kehne, do you want todays meeting?
Mr. Goodlett, no the prior meetings, so I can update my brain on what has transpired previously.
Chairman Murphy, I would like those minutes also.
Mrs. Hoene, good we need to get this over with
Chairman Murphy, do I hear a motion to adjourn?
Mrs. Hoene, I make a motion to adjourn
Chairman Murphy, do I have a second, Mr. Ethington, second, all in favor aye, opposed, none, this meeting is adjourned