PLANNING & ZONING
BOARD OF ADJUSTMENT
Board of Adjustment
The Taylorsville-Spencer County Board of Adjustment held a meeting on Thursday March 19, 2020 at 4:00 pm in the Fiscal Court meeting room located at 28 East Main Street, Taylorsville, Kentucky.
Chairman Greg Murphy called the meting to order. Present were Annelle Hoene, Doug Goodlett, Greg Murphy, Charlie Ethington. Also present were Administrator Julie Sweazy and Enforcement Officer Jan Kehne.
Approval of the Docket: motion by Mrs. Hoene, second Mr. Curtsinger, discussion, none, all in favor, motion carried.
Mrs. says she will recuse herself from Item No. 2 on the docket.
Approval of the Minutes: Motion to approve the minutes of the February 27, 2020 meeting by Mr. Goodlett, second, Mr. Curtsinger, discussion, none, all in favor, motion carried.
Committee Reports: None.
Administrator Sweazy: performed the Oath of Testimony.
Unfinished Business: None.
Administrator Sweazy: The first applicant is David and Lorie Young and Billie Jo and Patricia Smith on behalf of Martin and Barbie Allgeier. Requesting a Conditional Use Permit to operate a used car lot located at 5598 Mt. Washington Rd. The current owners (Young and Smith) have a contract on the sale of the property located at 5598 Mt. Washington Road. The contract is contingent on approval of Mr. Allgeier to operate a used car lot on the premises. The property is currently zoned B-1, commercial, the zoning does not allow a used car lot. In your binder your will find photographs and plot drawing. Attorney Charles Tichenor is here to represent the property owner. The property had always been R-1 residential and was recently zoned B-1. The owners do not want to take it to B-3 because of the surrounding area. Applying for a Conditional Use was the only route to go. I have some additional photos to hand out.
Mr. Ethington: does the parking go up behind the store or just in the property.
Attorney Tichenor: for the record I am Charles Tichenor. I represent the property owner. I do not represent Mr. Allgeier, he is present and will speak for himself. The property is zoned B-1 and that zoning does not allow for a car lot. As Julie said, the owners did not want to request B-3 zoning because of what all was allowed in that particular zoning classification. There is a plat attached to the application and the property does go behind the buildings. The property is 0.7715 acres.
Administrator Sweazy: this tract of property was zoned B-1 commercial this past year, it was grandfathered, but after the business sat vacant for more than a year it lost his grandfather status and
reverted back to its original zoning of R-1 residential. This is what to be any type of commercial business it had to be rezoned. Because of the B-1 classification, the property owners did not want to take it to B-3 commercial because of some of the other types of businesses could operate in that zoning classification.
Attorney Tichenor: Mr. Allgeier is requesting a Conditional Use for a used car lot, because car lots do not fall into B-1 zoning.
Administrator Sweazy: this is the route that was suggested by our zoning attorney opposed to going to a higher zoning classification, B-1 is more sales and service.
Mr. Curtsinger: will you be doing major mechanical repairs?
Mr. Allgeier: no major repairs, mostly clean-up
Mr. Goodlett: are you going to tear down the old store?
Mr Allgeier: no sir.
Mr. Goodlett: the old building?
Mr. Allgeier: no sir.
Mr. Goodlett: what will make your car lot visible?
Mr. Allgeier: I was hoping to clear out some foliage to make the lot more visible.
Mrs. Hoene: are you going to use the store for an office?
Mr. Allgeier: yes.
Mrs. Hoene: has the Health Department approved this?
Mr. Allgeier: yes I had talked with the Health Department and he said everything was functioning.
Mr. Goodlett: do you have a permit from the Health Department? Do you know where the septic system is located?
Mr. Allgeier: No, they say the system is in the gravel. The records don’t go back that far.
Mr. Goodlett: are you planning on paving the lot?
Mr. Allgeier: no it is already paved.
Mr. Curtsinger: how many cars would you be placing in the lot?
Mr. Allgeier: seven (7) to ten (10) at max.
Administrator Sweazy: they will have to be placed to the right of the building. The state right-of-way is just a few feet in front of the store. I don’t think he can park anything in the front.
Mr. Goodlett: I don’t remember that lot being large enough for that many cars.
Mr. Allgeier: when I got the paperwork from Frankfort, I measured the lot and it was large enough for a lot, I would not have pursued this if it wasn’t.
Mrs. Hoene: what is the blue line on the plat?
Attorney Tichenor: if you look at the next page, that is property that belongs to the store, the house next door does not go to the street, they have an easement to Hwy 44.
Mr. Curtsinger: has the church and the neighbors been notified.
Administrator Sweazy: yes; they have, it was in the paper, letters were sent to adjoining property owners, and it was listed on our Facebook page.
Attorney Tichenor: the church was here at the zoning hearings when the property went to B-1 and the major concern was alcohol and we got that worked out. They were present for the hearings.
Mr. Goodlett: is there residential between the church and the house? It looks like there is commercial next to the Church of Christ. It would have to be B-3 to be a car lot. So we are looking at conditional Use Permit for a B-3 commercial.
Administrator Sweazy: this was at the advice of our attorney because he didn’t feel B-3 would pass. (read definition of B-3 zoning with listed application)
Chairman Murphy: have the gas tanks been removed?
Administrator Sweazy: yes they have
Mr. Goodlett: here are my thoughts, I really don’t like it. A car lot really don’t fit into the area. Houses on both sides, church across the street.
Attorney Tichenor: one thing I will say if it were to reopen as a country store you will have ten (10) to twelve(12) cars there at one time with people shopping. With his testimony its not like he is going to bring fifty(50) cars. Its not going to be a large scale operation. It’s not going to create more of a burden.
Mrs. Hoene: theoretically you could line the front with cars for-sale, with sign and balloons on the cars, a lot of carlots have balloons.
Mr. Allgeier: I won’t say I won’t do that...if that is what it takes to sell cars.
Administrator Sweazy: one thing is...he is applying for a Conditional Use Permit. You can place conditions on the use. Only have a certain number of cars, no balloons, no mechanic work. It’s yours to say what he can and cannot do..they can only be washed and cleaned at this property.
Chairman Murphy: you can’t really park in the front because of the right of way.
Mr. Ethington: so if I were to come in to check out a car, there would be adequate room for me to park?
Mr. Allgeier: yes sir, according to Frankfort you have to have adequate parking for the customers. I had a guy come out and mark the right of way...it’s about ten feet from the front of the store. There is room for customers to park.
Mr. Curtsinger: I rode out and looked at the surrounding properties and both churches. I can’t see a used car lot conforming and being integrated into that community. It strictly religious/ residential community and I do not see a used car lot on that property.
Administrator Sweazy: one thing retail establishments you need one parking space for each four hundred (400) feet of gross retail floor space. Though the state may require this differently. If he gets to do this, he will have to apply for a change of occupancy. He will have to meet building code with inspections.
Mr. Curtsinger: I do not see the granting of this Conditional Use for a car lot. I don’t see it being integrated into the community. I won’t approve it.
Mr. Goodlett: is that your motion?
Mr. Curtsinger: I make a motion NOT to approve the Conditional use. Second by Mrs. Hoene, Discussion.
Mr. Goodlett: I’m still concerned with commercial, something worse can come in...like the place right at the county line. It could be a liquor store.
Attorney Tichenor: a Dollar General is coming by the park.
Mr. Goodlett: that will attract other businesses.
Mr. Curtsinger: I made a motion to deny.
Chairman Murphy: asked each Board member for their vote.
Mr. Curtsinger: deny
Mrs. Hoene: deny
Mr. Ethington: yes
Mr. Goodlett: yes
Chairman Murphy: deny
Administrator Sweazy: count 3-2, motion to deny.
Administrator Sweazy: Plum Creek Baptist Church is requesting a variance on replacing a sign. The current sign at the church has to be manually changed and due to the location of the sign on the hillside it can be tricky to change the message during rainy or snowy weather. They are requesting to replace the sign with one that has a digital reader board that will be changed from a computer or phone electronically. The proposed sign is planned to be placed in the same location as the existing sign with the same creek rock frame remaining in tact.
Per the regulation only 30% of the overall size of the sign can be digital reader board. The applicants are requesting a variance to accommodate at 3 foot X 6 foot reader board area due to the location of the sign, anything smaller would not be able to read from a distance. In your binder you will find photographs of the existing sign along with the new sign, along with a plot plan of the property. Administrator Sweazy passed out some additional paperwork, Dwight Martin is here to represent the church.
Mr. Martin: The current sign is 4 feet by 6 feet and is in need of repairs. The bids to repair the sign have been around three thousand dollars. It is very difficult to change the sign and we thought it might be a good time to change the sign to an LED.
Mr. Curtsinger: do you plan on leaving the sign on all night long?
Mr. Martin: we will do whatever you want us to do. We would like to leave the name of the church lit at night like we do now.
Mr. Curtsinger: I’m going to make a motion to grant the request for the Variance, 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 an unreasonable use of the land or requite an unreasonable hardship on the applicant and the circumstances are the result of actions of the applicant taken subsequent to the adoption of the Zoning Regulations, for which relief is sought, they can dim down the sign and turn off the LED part. Second Mr. Goodlett, discussion none, all in favor, non opposed, motion carried.
Due to the Covid 19 virus, all meetings will be postponed until further notice.