Bza - Regular Meeting

are requesting a condition approval of a variance to the building setbacks for the property located at 98 C Michael Davenport Boulevard. The property may be more specifically identified as PVA map number 050000000001.13. And this is a city item.

Uh good evening. Uh George Miller, City of Frankfurt, um planning and zoning. So we've got a lot here on C. Michael Davenport, its own professional office. It's a pediatric dentist office currently. What they're wanting to do is extend the expand the existing uh parking lot. Um the typical setback variance for a parking lot in this zone is six feet. Um but they're wanting to make it about a foot and a half away from the property line. So they need about a 4 and a half foot variance. Currently there's an existing parking lot there as I mentioned and they're just going to continue continue that line AC along the property line east u so it's not getting any closer than what the existing parking already is. Um in article 18 section 18.05 105 we talk about dimensional variances in the city of Frankfurt zoning regulations. Staff had all positive findings for those four requirements. Um and therefore we are recommending approval with a couple of conditions as listed on page two of your staff report. Technical review team has reviewed this and they didn't have any concerns or comments um that would negatively impact this request.

Does anyone on the board have any questions, Mr. Miller? Not hearing any. We'll let you sit down. Uh if the applicant is here, they're welcome to come up and give us additional information. If you would give us your name and address for the record, please. Lisa Coloulston. My address is 615 Lucas Lane here in Frankfurt, Kentucky. Um I'm one of the owners. My husband's here with me as well. We own the property at 98, Michael Davenport, and we agree with the staff's report and recommendation. But if you have questions specifically for us, we're happy to help.

Any questions? Don't see any. Thank you very much. Um, I don't think there's really much discussion. If someone would like to make a motion for or against the request.

Sure. I'll I'll make a motion uh that we approve the request in accordance with articles 4 and 18 of the city of Frankfurt zoning ordinance for the for Jeremy and Lisa Coloulston uh DBA Larson Kentucky Properties LLC to approve the variance to the building setbacks for the property located at 98 C Michael Davenport Boulevard and uh That's more specifically identifies PVA map ID number 050000000001.13 and that's uh with all positive findings in the staff report and also with the three conditions and I'll read those as well. So, number one, the variance only applies to building setbacks in the rear yard for an expanded parking lot. Number two, the variance runs with the land and is transferable. Number three, the applicant shall submit a building permit application before construction of the parking lot commences. And that's

We have a motion. Do we have a second? Second. We have a second. All right, the call roll, please. Miss Skidmore, yes. Mr. King, yes. Mr. Carney, yes. Mr. Holder, yes. Mr. Buchanan, yes. Mr. Richardson, yes. Motion carries. You have your Thank you all. You ready for me to read that? Yeah, go ahead.

In accordance with sections 155.232 and55.085 of the Franklin County Code of ordinances, Peter Richimagi uh requests appeal an appeal to modify conditions of approval related to the change of one non-conforming use ice manufacturer and distribution to another horse supplement packaging and distribution at 8:14 Clifton Drive. The property is more specifically described as PVA map number 048-20-05-00005.1. This is a single family uh suburban RB density and it's a county item.

Good afternoon. This item will be quite familiar. Uh we had some discussion about this one last month. Um and the board voted to approve with um four conditions. Um the applicant then came back to our office and and said that there had been sort of a miscommunication with what their intent was and that they were I think a little bit um you know unfamiliar with the process and didn't really feel comfortable having um go that back and forth in the previous meeting. So they accepted those conditions but they really felt like those were not going to work for their business operation. So, they did go ahead and submit this application again um providing a more detailed email um that's in your packet about sort of how their operation works um and the amount of um days of operation and number of employees in particular that they plan to have as part of their operation. Um so staff reviewed this um we still found that um the proposed use would be no more intense than the previous use as an ice manufacturing business. Um so very similar findings throughout our staff report. Um I just distributed a late um submission from the sewer department. They had the exact same notes this month as they they did last month. So nothing new there. Um but wanted to make sure you had a copy of it. Um so we are recommending approval um with the requested changes to the conditions. So um on page five of your packet um condition number one um previously stated that the facility would operate no more than three days per week. They have requested that they be able to operate up to five days per week. Um and we are agreeable to that. So um this recommends five days per week. Condition number two that the use shall be limited to no more than four employees on the premise at any given time. Um that was previously approved at one employee. Um number three and number four remain the same. a business license shall be obtained through the county's occupational tax office and that any waste products related to the horse supplements be picked up and disposed of offsite using a solid waste service and shall not be discharged into drains

leading into the sanitary sewer system. And then we did go ahead and add a fifth condition um based on comments from the fire department and comments that we heard during this meeting last month um that there be no on street parking on Clifton Drive in association with this use. So, with that increase in employees, um they do still have adequate um paving on the property to accommodate up to four vehicles, um probably more than that and including um allowing for circulation around the building by pickup or delivery trucks. Um I'm happy to answer any questions. The applicant is here and can probably touch on some of the operational things a little bit better than I can. You have any questions? Don't see any. We'll let you sit down. Thank you. We'll have the applicant or their representative come up if you would.

Good afternoon again. Thank you for Yes. Just give us your name and and address for the record, please. Um uh Peter Rich Mongi in and u what was the your address? Oh, the the address of of the building is 4 uh 41 Clifton uh Drive, Cranford. So, uh, we've had a couple of changes as you've requested and the staff is saying that they they're in agreement with that. It's still within all the, uh, the requirements we need to do. And, uh, have you gone through these? Well, I'll just let you talk about the changes if you would.

Yeah. So, um, in in our last meeting, uh, we explained that our business is growing. We just added a a pet supplement uh business as well. And right now we only have uh one employee that's tempor a temporary employee that goes up there uh every every now and then and another one that helps with with shipping. Uh but as we expand, we hope to expand uh with this pet supplement business. We're going to have to hire maybe two or three uh employees more. Uh the pet supplement business is not doesn't have as much bulk as the horse business, but it does have entails a little bit more packaging, uh more workforce.

So, uh you know, we're expecting to to grow it by two or three more employees. Again, uh they probably won't be uh full-time anyway. And uh the the the uh the property does have enough parking to have any employee or anybody else that goes up there inside our property and not bothering anybody in the streets. Um there was uh I I remember in last uh meeting there was a lot of questions regarding uh uh you know regarding garbage and stuff like that. We really only uh throw away most mostly uh packaging because we don't have anything like we don't have any residual um um any residual um leftovers. We try to use everything that we can. It's basically just you know uh seeds and and and and uh dried fruit basically. And if we throw that away, we're losing money. So, we try not to do and and if we do, we will have uh a big a large uh uh trash can anyway for because we do receive uh some uh bulk materials and we throw a lot of cardboard boxes, mostly recyclable stuff.

Um any questions about Do you specifically agree that there won't be any on street parking? You said there's plenty of parking, I think, but you agree to that condition. Oh, yeah. Yes. Yes. Yes. For sure. And and and and uh I wouldn't like to park it there anyway because the the streets uh you know we don't like to bother neighbors, but most of all is because uh just safety reasons. We don't want to park anybody. We won't want to allow anybody to park in the street anyway. We have enough parking in the back and and on the sides as well. Thank you. I don't know if you you can see in the pictures

you're in agreement with all of the new conditions that they placed upon. Yes. Actually, it's part of of what we we uh send out by email. So, any other questions? We'll let you sit down. Thank you. If we have anyone in the audience who wants to speak on behalf of this one way or another, you're welcome to come up. Don't see anyone. So, uh we can enter into discussion. Um, seems pretty reasonable to me. The staff agrees, the applicant agrees. If anyone wants to add anything or just wants to go ahead and give a motion either way. Do a motion here.

Um, in accordance with sections 155.232 and 155.085 085 of the Franklin County Code of Ordinances. I move to approve uh Peter Mui's request of an appeal to modify conditions of approval related to a change from one non-conforming use uh to another at 814 Clifton Drive. The property is more specifically described as property valuation administrator map ID number 04820005005.01. um based on uh staff findings, all um approval and the recommendations that we listed out that you also agree to.

Okay, we have a motion. Do we have a second? Second. Second. All right. You call Miss Skidmore? Yes. Mr. King? Yes. Mr. Carney? Yes. Mr. Holder? Yes. Mr. Buchanan? Yes. Mr. Richardson? Yes. Motion carries. All right. Thank you. Would you call the next item when you're ready?

In accordance with sections 155.146 and55.085 of the Franklin County Code of Ordinances, Tyler Herod is requesting approval of a conditional use permit to allow for the operation of a multifamily facility at 106 St. James Court. The property is more specifically described as PBA map number 051000048.08.

Good evening board. Um the subject property is located south of the interstate along St. James Court which is uh in the 127 corridor. Um uh we have seen similar cases. There is precedent for this uh type of request coming before you all which leads me to the first point I'd like to draw to your attention. uh the there's a conflict in the zoning code section 155.08 08 which is the table of permitted uses identifies in the limited commercial zone uh multif family as a conditional use but then if you go to that the section for CL which is 155146B it it identifies as a permitted use uh with the table of permitted uses being more exhaustive and more detailed uh staff is going with that as the uh correct version um and with me saying as president before we've seen this for Twilight Trail and a few other locations. Uh the present structure is a three-story building uh with three office suites. The applicants proposing to convert uh the top floors into uh multif family units. Um the technical review team reviewed the request. Uh the building official had uh some requirements which would be put we will require uh in the um required conditions section. Uh the fire department same they want a pre-plan and inspection of it as well. Um no other issues were brought up during the technical review team. Uh the parking on site is sufficient for 10 spaces although it's not very well marked at the moment but based upon the size of it should accommodate 10 parking spaces. Uh parking requirements for apartments is one space per unit plus a half space per bedroom. The applicant is proposing um two apartments with three bedrooms. So with that calculation would be seven spaces required. Um staff is has all positive findings through the remainder sections of 155 105A through H. Uh with

the additional findings uh staff finds that uh the proposed conditional use will not adversely affect the public health, safety or welfare will not alter the essential character in the general vicinity nor cause a hazard or nuisance to the public. and B uh all necessary public services and facilities are or will be available to uh adequately serve the proposed use. Um and we have seven conditions that we're recommending for this one. The first being uh the conditional use is only permitted at 106 St. James Court. Two, the conditional use is only granted to uh Tyler Hair to allow the use of the property for multifamily facility. Three, the conditional use is not transferable with neglect to use, location, or person. Four, the conditional use is not transferable, and any change in use, person, or ownership will make the conditional use permit uh null and void. Five, the applicant shall consult the Franklin County building official for building permit requirements, including but not limited to fire rated walls. Six, a building permit shall be received in order to implement the office to apartment conversion. Seven. All fire department requirements shall be met complete uh including completing a fire pre-planned and a fire inspection prior to the building being occupied. With that, I'd like to enter my report into the record and I'd be happy to take questions. Do

we have any questions for Mr. Judith? I guess I have the only question I have is building inspector or the fire department will confirm presence of fire rated walls in the attic between the units and would there be also additional fire rated ceilings from first floor? Uh so my discussion with the building official uh he cited a specific section that would apply and um that would was specific to whether or not fire rated walls would would be met. So, he's going to require um engineered stamps on his plans for building permits. Good deal. Main thing is safety. Yeah, correct. Sounds like you've got it covered.

Any other questions? We don't see any. We'll let you sit down. We'll let the applicant come up. If you'd like, please, you give us your name and address for the record, please. Tyler Herd, 125 Logus Hill in Frankfurt. Yes. Yes, sir. Okay. Uh so, you've heard the staff report. We have all positive findings. Um, my biggest concern was, you know, since you got occupation, fire rating, and all that. Sounds like it's all covered in in the report. I've also met Greg Owens at the at the property and and we're going to get the plan together with him if we proceed with it. Do you have anything you feel the need to add? I don't know if we have questions yet, but it seems like it's pretty

um as as it's situated now, I just felt that it would be better suited for multif family versus a dorm and office. It's currently constructed. There's kitchen, bath, uh multiple rooms on on each of the floors, it's not going to take much to convert it. And with the development on 127 and newly constructed uh multif family town homes across the street, we just felt that this could be put to a lot better use than it currently is. Right. Okay. Do we have any other questions? Mr. Har, there are seven conditions in the staff report placed on this request. Are you in agreement? Oh, yes. Yes. I was I was aware of Yes. Thank you.

Any other questions? I don't think we have any more for you. We'll let you sit. If there's anyone else in the audience who would like to speak on behalf of this uh application, I'm not familiar with the procedure, but if you would please just come on up to the microphone, give us your name and address for the Yes. My name is Nancy Lovevet and I am um owner of the adjacent property to the rear of the building. My daughter and son-in-law currently live there as in a residence. Is it a single family or a single family? Uh actually Bentwood's farm was my grandfather's uh Brenwood subdivision, my grandfather's farm

way back in the Nash property. And um I grew up in this house that my daughter's now living in. and we just uh had some concerns about currently it's all surrounded by businesses. Hers is the only house there and uh everything shuts down at 4:30 and there's privacy and no noise and anything like that. So just a concern about uh the number of apartments which he answered that two threebedroom apartments. Is that correct? At at maximum.

Okay. and um the property, you know, butts, right? They have a big yard and everything and just concern about children maybe being in the area because there's no yard and and this office building currently for, you know, any kind of outside activity. Um, so I just was a little bit shocked that this was going to happen, but I was notified and I did not request a staff report. So, I don't know all the particulars, but I just wanted to address my concern about I guess the tenants and and I met him and talked with him as well.

Yes, he said that you did. So, I figured it was pretty much a done deal. And I really don't have any basis for objection, just concerns more or less. itself. If this may help any, I've already got If you would come on up to the microphone so we can get it on the record, Tom, if this if this may help how you feel any, I've already got cameras up on the outside and my office would be on the ground level. So, if there's any kind of nuisances at all, I'd likely cut ties with those residents pretty quickly if they're if they're defaulting in any way.

Okay. When when would this possibly be available for renters? um mostly dependent on the conditions um that we need to the requirements that we need to meet first. It probably be several months from now. Okay. Okay. I do have one question that may affect your concerns. Parking right now is it is it the side of the building and my concern is uh lighting at night. uh make sure that we have down lighting for the parking lot, not shining out to the neighbors since you have a residence behind you. Do are you do you know what the lighting I

I do and it's kind of difficult to describe as there is more office spaces parallel to it that the lighting for both of them kind of meet each other. They're shine more towards each other versus versus the house that's in front of it. You don't have any plans to we're located where her property is yours to basically have more lighting that way to go that way. No. Okay. All right. So, the existing lighting that that you're seeing, you your family seeing at night now, I would assume would stay the same. Yeah. I'm not usually out there at night, so I don't know, but um they have no complaints currently about the lighting. So, good. All right. Okay. Um well, thank you for your comments and concerns. You have any other thing, anything else you want to add?

No. Uh my daughter said that they did meet with Mr. Herod and he assured them that there'd be no riff raff there. But uh anyway, they're they just are used to shutting down and just being just them, you know, after 4:30. So it's going to be a little bit different. So understand, ma'am. Yeah. Okay. Okay. But progress progress goes so you know. All right. All right. Thank you. Thank you. Thank you, Tom.

Um no other questions, anyone? We'll go ahead and uh if if anyone has need for discussion, happy to have discussion. I think we everything seems to be taken care of well by the staff. And what I especially like is that the applicant has talked with concerned neighbors and there's some communication there. That's always helpful. Uh that being said, was someone I'd like to make a motion. You want to do this?

Oh, okay. Um, in accordance with sections 155.146 and 155.085 of the Franklin County Code of Ordinances, T um I um am moving for approval of Tyler Herod's request for a conditional use permit to allow the operation of a multifamily facility at 106 St. James Court. The property is more specifically described as property valuation administrator map ID number 051 000048.08 limited commercial district and um with the following conditions. The number one the conditional use is only permitted at 106 St. James Court. Number two, the conditional use is granted to only Tyler Herod to allow the use of the property for a multi-family facility. Number three, the conditional use is not transferable with neglect to use, location or person. Number four, the conditional use is not transferable and any change in use, person or ownership will make this conditional use permit approval null and void. Number five, the applicant shall consult the Franklin County building official for building permit requirements, including but not limited to fire rated walls. Number six, a building permit shall be received in order to implement the office to apartment conversion. And number seven, all fire department requirements are met, including completing a fire pre-plan and a fire inspection prior to the approve to prior to the building

being occupied. All right, we have a motion. We have a second. So move. All right, second from Mr. King. Miss Skidmore? Yes. Mr. King? Yes. Mr. Carney? Yes. Mr. Holder? Yes. Mr. Buchanan? Yes. Mr. Richardson? Yes. Motion carries. All right, you have your approval. Good luck to you all. Uh, looks like we have no other new business. Anything else from staff? Uh, no. I believe the official calendar is expected to be adopted by the planning commission this Thursday. So, your meeting dates will officially be set. I think you've all received that draft calendar. I don't think we expect unless you have

Do you have an update on when you might want to redo the training you talked about? We were looking at maybe sometime towards the end of February to get back in the new year. Um but I think probably Friday morning a good time for most folks. Um so we are going to look at getting that res. Okay. Thank you. I don't believe there's anything else is do we have a motion to adjurnn? So move. All right. Second. Second. All right. All those in favor say I. Oppose. Nay. The eyes have it. We are. Thank you all. I don't know. We had daughter. It didn't meet the record, did it? Well, have a good time.