PLANNING & ZONING
MINUTES OF THE MEETING
TAYLORSVILLE-SPENCER COUNTY JOINT
PLANNING AND ZONING COMMISSION
The joint Taylorsville-Spencer County Planning Zoning Commission held a meeting April 18, 2019 at 7:00 p.m. in the Fiscal Court Room at 28 East Main Street, Taylorsville, KY.
Chairman Deapen called the meeting to order:
Present were Paula Wheatley, Dwight Clayton, Anthony Travis, Gordon Deapen, Marsha Mudd, Diana Faue, Teddy Noel, Attorney Dale, Administrator Julie Sweazy and Code Enforcement Jan Kehne. Absent were Lowery Brown.
Motion made by Commissioner Wheatley and seconded by Commissioner Noel to approve the minutes of the April 4, 2019 meeting. After roll call vote, motion carried with none opposed.
Committee reports: it was suggested that this be moved to the end of the meeting, all approved.
Attorney Dale administrated the oath for testimony to those wishing to speak to the Commission.
Old Business: None.
The first applicant is Steve and Connie Bowman requesting Ag-1, Agricultural to AG-2, Agricultural on a 5.001 acre tract located on Little Mount Church Rd. The Comprehensive Plan recommended land use map indicates the area should be Medium Density Residential. The applicants are requesting the zoning change to deed the five (5) acre tract from their farm tract to their son and his finance for the construction of their home. Adjoining property owners were notified. We received one phone call and after we explained that is was not going to be a subdivision, they said they did not have a problem.
Mr. Bowman’s son Michael was present.
Mr. Bowman approached the podium. My name is Michael Bowman, I reside at 1290 Little Mount Church Road. We are wanting to change the Ag-1 to Ag-2 so I can build my house.
Chairman Deapen: so that is driving this is that they are separating this tract from the farm.
Administrator Sweazy: yes the 5.001 acre tract. The Bowman will have a little over 70 acres after the sell-off
Chairman Deapen: are there any questions for Michael?
Silence for a brief moment
Chairman Deapen: do we have anyone signed up to speak?
Administrator Sweazy; no one.
Commissioner Travis: I make a motion to suspend our regular procedure and act on this application tonight. There was no one here to speak against it. Second by Commissioner Noel, after roll call vote, motion carried with none opposed.
Motion made by Commissioner Faue to approve the zoning application of Steve and Connie Bowman on a 5.001 acre tract from AG-1 Agricultural to AG-2 Agricultural for a 5.001 acre tract on Little Mount Church Road. The meets the recommended land use of medium density, the property will be used to construct a home, no one is opposed to it. Second by Commissioner Wheatley. Discussion.None. After roll call vote, all in favor, motion carried.
Administrator Sweazy: our second applicant is Michael Monroe, requesting Ag-2 Agricultural to R-3 Residential on a 3.378 acre tract located at 535 Grays Run Road, Highway 1392. The Comprehensive Plan recommended land use map indicates the area should be Medium Density residential. In summary the applicant is requesting the zoning of the 3.378 acre tract to allow Mr. Monroe to deed the balance of the property to his grandson to build a house. There is an existing mobile home on the 3.378 acre tract. Mr. Monroe is present. Adjoining property owners were notified and we did not receive any calls and no one has signed up to speak. This is a little different. There is a mobile home on the property and the reason he is tracking this off is there will be a ten acre tract behind the 3.378 tract with the mobile home and the grandson wants to have a home on it. So the ten acres will remain agricultural so we need to bring the 3.378 tract into a residential classification.
Mr. Monroe approached the podium
Mr. Monroe: my grandson wants the ground behind it, that trailer has been there for twenty something year.
Chairman Deapen: question form the commission?
Administrator Sweazy: if you look at the zoning map you will see several placed with brown, look at arrow, showing there are other R-3 zoning in the area.
Chairman Deapen: questions?
Mr. Clayton: is there an easement down the property line?
Administrator Sweazy: yes, there is
Commissioner Clayton: is there a driveway?
Administrator Sweazy: yes there is
Commissioner Clayton: what is the minimum acreage for R-3 zoning?
Administrator Sweazy: one acre
Chairman Deapen: I think that is all of the question we have right now.
Comment from Commissioners having a difficult time seeing the lines on the plat.
Administrator Sweazy: do you care if when we have a large plat that I just make a copy the portion of the plat that covers the zoning application or do you want the certifications to show on your copy?
Chairman Deapen: my initial thought is the copy is fine and have the larger plat available. There have been situations where we have needed to consult the certifications.
Discussion at the table
Chairman Deapen: I believe every one is in agreement that that our paper work shows just the property of zoning request and have the larger plat available to the Commissioners.
Administrator Sweazy: For an answer to your question I will say they did create a twenty-five (25) access easement to the back tract, but there was a driveway already there.
Commissioner Travis; it’s been there for years.
Chairman Deapen: do we have anyone signed up to speak?
Administrator Sweazy: no we don’t
Commissioner Travis: Mr. Chairman I move that we suspend the normal proceeding and take action on this matter tonight. Second by Commissioner Noel. Discussion
Commissioner Clayton: a little bit, we have addressed this before. What my question is this produces a flag lot where the access does not abut a right of way. I understand they are creating an easement, it’s a
little against my grain of experience in other counties. They always insisted that apiece of the property would be a part of the access easement. I really don’t care that much, so I’m not going to make an issue of it.
Administrator Sweazy: I will say this, everything looks flat on paper. Where the access easement is, is probably the flatter area of the property, before it starts falling off into the holler.
Commissioner Clayton: do we have a minimum access easement?
Administrator Sweazy: we don’t have anything in our regs at the moment.
Commissioner Clayton: so they could make it ten foot instead of twenty five.
Talking between Attorney Dale and Commissioner Clayton
Commissioner Clayton: I believe we need to something to be more specific regarding these situations.
Chairman Deapen: on the actual motion to waive our normal procedures, we have a motion and discussion, but did not vote.
Administrator Sweazy: we have a motion, a second and discussion but you did not vote.
Chairman Deapen: please proceed with the roll call.
After roll call all were in favor, none opposed, motion carried
Chairman Deapen: do we have a motion on the request.
Motion made by Commissioner Faue, to approve the zone application of Michael Monroe from AG-2 Agricultural to R-2 Residential on 3.378 acres located at 535 Grays Run Road, the Comprehensive Plan states Medium Density Residential and no was here to speak against this application, Second Commissioner Noel.
Chairman Deapen: any discussion?
Commissioner Clayton: I think we have already set a precedence with a similar situation. Not loving it, because it is creating a lot that does not abut a right-of-way, after today the remainder will not abut a right of-way, but we have already set a precedence. Access easement has been granted and it is twenty-five feet and with that said I never want to decline or hold someone back from doing something unless it is in our policy and set in stone. I really recommend this is something to consider, but I’m good with this because it currently applies.
Chairman Deapen: I agree this is a valid argument and something to consider at a later time. We have a motion and a second, any further discussion? None. Roll call, all in favor, none opposed, motion carried.
Committees: Fee Schedules
Chairman Deapen: as discussed in our last meeting we were going to form a committee to discuss our fees. Diana, Julie and I met yesterday and we are working on the fee schedule. Commissioner Faue gave a summary of how they are reviewing fee schedules in other counties, looking at revenue vs. expenses and the need to generate more revenue to cover cost. Right now we are sinking into a hole. The fees were last adjusted in 2001. The committee will will bring more specific information at the next meeting.
Chairman Deapen: next we have Article II, Section 204 (14) pertaining to location of accessory structures on agricultural property.
Administrator Sweazy: handing out paper work, this is our question at hand, which comes up all the time. Accessory structures which are not part of the main building and are separated from the main building shall be located in the rear yard or side yard so long as it does not project into the front yard than the main structure. Does this apply to agricultural, it is in our zoning regulations and has been for years? That is the question at hand. Somebody has their house built, they have seventy-five acres and
the property owner wants to build a pole barn in the front yard. Can they build the structure out in front of the house?
Commissioner Travis: in the city we have had this problem.
Administrator Sweazy: it’s everywhere, we tell people if they are building a carport, storage building, any structure, it has to be even with the house or to the rear of the house.
After much conversation it was agreed that Attorney Dale research this and deliver a legal opinion on this matter at our next meeting.
Commissioner Travis made a motion to adjourn, second Commissioner Noel.Motion carried.