Bza - Regular Meeting

Everyone's time. Before we start, just by that table. I'll make a motion that we staff and Second.

Yes. Mr. Mr. Item number is requesting a waiver modification of standards of section 1556 to allow an inter11 road. The property is more specifically described as PDA map number 051. 042.

Good evening, Mr. Chair and board.

Yes. The existing use of the property is banking, lending, and financial institution. It is sits on 2.36 acres. Uh the surrounding land use and zoning classifications are as follows. To the north, you have zone PO, which is professional office and office uses. Uh to the south is zoned IG which is diecast warehouse and showroom. To the east is zone RR and also CL which uh for churches. Uh to the west is zone IG um US 127 South Retail. So, the subject property is located in the southwest quadrant of Franklin County and situated between Lawrenburg Road and US 127 South. The property was reszoned from uh general industrial IG to highway commercial CH following a recommendation by the planning commission on February the 8th, 2024 with final approval by the Franklin County Fiscal Court on April 10th of 2024. The applicant requests a modification of standards to subsection 155.375 B2 signs in PO, CL, CG, and CH zones. Permitted signs to allow both a polemounted sign and a ground groundmounted monument sign on a single parcel within the CH zoning district. Section 155.375B2 permits one freestanding sign per parcel, either a post sign on a monument sign or a monument sign and expressly

prohibits both sign types on the same property. However, the zoning regulations do not provide specific criteria for distinguishing when multiple freestanding signs should be appropriate. Therefore, in crafting a recommendation to the board, staff is charged with determining whether the spirit and intent of the regulations are being met and whether those could be negative impacts to the public health, safety, or welfare. In this case, given that the applicant does not plan to utilize their full signage allowance, staff believes that it is reasonable to recommend approval of a second groundmounted sign in lie of other additional signage. The applicant is proposing just under 100 square feet of signage in total out of a potential allowable 1,000 square foot. So staff does recommend approval of the applicant's request for a waiver modification of standards of section uh subsection 155.366B2 to allow an interstate business sign in the CH highway commercial zoning district on the property located at 2311 Lawrenburg Road for the following reasons. A the proposed waiver will not result in an increase in the number of permitted signs allow it uh allow a type of sign not specifically permitted in the subject zone. Nor will it increase the maximum total permitted sign area on a single lot or building provided that the applicant foregoes any building mounted signage. The request is within the spirit and intent of the signage regulations. B. The proposed waiver should not negatively impact the public

interest, safety, or welfare. The subject has two significant street furnages with no access from the higher classification roadway. The second groundmounted sign will not impede traffic, but will provide additional visibility along US 127 South. This recommendation of approval is made subject to the following conditions. Number one, the proposed pull sign shall be installed in accordance with the submitted application materials and site plan. Two, no build building mounted signage shall be permitted. Number three, a sign permit shall be obtained prior to the installation of the sign. And I'm open for any questions if you may have some.

You sit down for now. Thank you.

Robert Pelosi, 214 West Main Street, Bringford, Kentucky. You've seen the staff reporting and such. Is there anything you feel you need to add? I do not. I've worked through through this with staff and agree with their recommendations and and accept their conditions. Questions you sit down.

Cool. I'd like to make a motion to approve request credit. Allow business located more specific number 02 based on conditions.

Yes, Mr. M. sometimes the engineering standard of spirit and intenses. John is requesting rental number337. The lot where the proposed short-term rental is situated approximately 18 acres in size and contains a newly built 1400 square foot single family dwelling with three bedrooms. The applicant also owns the adjoining tract bringing the total acreage to 32. The applicant utilizes the land as a farm growing soybe soybeans and corn and would like to rent the house on a short-term basis. Adjoining nearby zoning categories include uh rural residential RR and planned residential PR to the north and RR rural residential to the east, south, and west. According to the GIS data and the FEMA uh MSC, the subject property is located in a special flood hazard area AE zone. The AE zone is defined as a high-risk special flood hazard area inundated by the 1% chance of flood. The

property is located on FEMA map 210073C 0133D effective June 18th, 2013. The dwelling is accessed via an easement through a joining property under separate ownership off of an unnamed private road coming off of South Scrugs Lane. The use is not anticipated to have a significant impact on traffic. There is a 3,000 square foot parking area which will accommodate more than 10 vehicles. The proposed use should have no adverse effect on the adjacent or surrounding properties. The subject property is large enough to accommodate the proposed use and more than adequate parking is available on the property. While the occupancy calculation for a short-term rental allows for up to 10 guests with a three-bedroom dwelling, the applicant has indicated that the plan that they plan to host six to eight guests at a time. Therefore, staff recommends a cap of eight guests. Staff has found all positive findings um and uh has additional findings as follows. Number one, in addition to the findings contained in this report, staff also finds that the proposed conditional use will not alter the essential character of the general vicinity, nor cause a hazard or a nuisance to the public. The proposed three-bedroom dwelling will be large enough to accommodate the proposed number of eight users and adequate parking will be available. All necessary public services and facilities are or will be available. Number two, the proposed conditional use shall not adversely affect the public health, safety, or welfare provided that

the recommended conditions are met. Staff does recommend approval of the applicant's request for a conditional use permit to allow a short-term rental at the property located at 525 South Skuggs Lane with the following conditions. Number one, the conditional use is only permitted at 525 South Skuggs Lane. Number two, the conditional use is granted only to John Dailyaly to allow the use of the property for a short-term rental. Number three, the conditional use is not transferable and any change in ownership will make this approval null and void. Number four, the short-term rental is registered with the county annually and a business license attained. Number five, a safety inspection of the premise shall be performed before the issuance of the conditional use permit and commencing of operations. Number six, the residents must have a working smoke alarms that are not more than 10 years old from the date of manufacturer. Number seven, the residents must have working carbon monoxide alarms that are not more than 10 years old from the date of manufacturer if the residence has gas utilities of any kind. Number eight, occupancy of the short-term rental shall be limited to no more than eight. Number nine, if the operation cease, the notice shall be provided to the county planning and and building codes office for their records. Number 10, all conditions of subsection 155.089 noted special conditions 27, short-term rental shall be satisfied. Number 11, the short-term rental shall be operated in accordance with the submitted application materials. Number 12, the Franklin County Health Department has stated that there shall be no more than three bedrooms. Number 13, if the conditional use permit has not been exercised with one within one year of the board's action, it shall be null and

void. Number 14, the applicant shall post the following statement on the premises as well as disclosure as well as disclose in all advertisements rental listings. This property is located within the special flood hazard area which has a 1% annual chance of being inundated by flood waters. Number 15. Applicant shall submit a copy of the norise certification from his certified engineer to planning and zoning office before the commencement of operations. And finally, number 16. All necessary approvals and/or permits shall be issued by the local flood plane administrator prior to the commencement of use. I'm open for any questions you may have.

Thank you. Thank you. Okay. Okay.

Carla Carol. I live at 625 South Scrugs Lane. Um, my actually my mom got a letter that she was the adjacent property, but she lives across the street. So, I wasn't sure if it was addressed to her or if it was addressed to me cuz I'm I'm the one at the top of the hill where the bottom is. Um, and I'm the one that has the easement. So, I was I Okay. I was just needing clarification that it wasn't behind her house, but it was the bottom that's behind my house. Does that make sense?

Because your property is what you're saying. Yeah. Yeah.

Okay. Okay. I was Okay. Because I was very confused. I thought it was something to do with something behind her house which is across the street. If you have any concerns or comments or questions. So with the with the is that the rental the I guess if you rent it it's the people that are going to live in the house that are going to work the soy and all that. It's a short-term rental like Airbnb. Oh, okay.

People come in under a set number of rules laid out in the report. They can only be this many people. There's rules as far as that. Okay. So, as I had a question on the easement that because that comes up to

Well, do you What's your question? I was just curious if if Well, I guess with the Airbnb being rented by no more than eight people, I just I didn't really I didn't want a whole lot of traffic going up and down like onto my property because there is there's an entrance on the other side to go up and down the hill. I would make the ass often rent it, but it's going to be probably less than a full. Okay.

Okay. Okay. Because it's actually not real cleared. It's not cleared out, I don't think, totally. So, I I just didn't want an unexpected vehicle running up my running up my other driveway into my yard. So, I was That's a nice question.

No. No.

Okay. Okay. Okay. That's all you have. Yeah. Okay. Okay.

I didn't hear you. speaks tonight again. Is that correct? Uh if you close the public hearing, she cannot speak again. If you simply table it like we did the first item and you're going to hear things, yes, you can. Okay. So it sounds like

I certainly am asking these folks that required to be here. Yes. And we also send out the legal ad notices to them. We send out our staff report to them. We can't force them to be here. But yes, we we tell them it's in your best interest to not hearing the case will give them a message about being here in the future. And the reason I think we should do that is she did have a question about traffic and it's a legitimate question and we can't answer it. So that need to be the I'm not trying to cause trouble.

You're not We'll cause the trouble. You don't need question. Mr. Mr.

And I I would note for the record that the hearing set 5:30 it's now 6:00 and they still haven't appeared. So they've had time to arrive at the intended. And I would think too, they can always send a representative sit.

They need to be have they need to have at least an affidavit or some kind of authorization of waiver or something. It doesn't look like there's any other items. audience.

Apparently item apparently item one which was I don't know understand requested to be last minute. So when there's a technical problem or They didn't realize they need to pull it back. We're request a notice also be sent out to the next. Okay.

Exactly. Does that go from my my question to I'll get another notice in the mail? Yes, ma'am. Well, hopefully it's you and not your mother, right?

I had another question. I mean, I submitted some written statements. Do I need to resubmit all that or do I need on the table. Are we reinitiating the process or we're just delaying the same process? We're continuing the process. But I'm not looking for a modified report or anything like that. The report might be modified. So we have to contact your office to get that. If you want another Yes. If you want another copy of the report, you can contact. So something they didn't like. Can they that they're I'm confused why they're not uh going forward and requesting an appeal

because because they have a right to withdraw their application. They did tonight and it was granted. Okay. But they don't have to reapply. No, they t that means the application may be modified but it hasn't evidence hasn't been taken which means that your submission and writing has not been taken either. Correct. But that was based on the report the initial report that I received. So you may want to do another report. So how many reports can you do?

Well, I would think it process time and money. I mean I don't want I don't want to be here. I just have some questions about the agenda. Do you end up emailing people? Okay.

So, do I have a shar? Nothing that I submitted was shared with the applicant or

No, they haven't. But my only my only my only path to submit something to us is through Mr. Judah or someone we could present it tonight or at the meeting. But what I'm asking is, you know, if he's talking to them, it's like, oh, this is in this is an argument made in writing. If you made an if you made an argument submitted, it's subject to open record. So, if you're trying to keep it secret, that is not going to No, I'm not trying to keep it secret. I'm just saying to give them the chance to read my argument, then withdraw, then resubmit their application. Well, if they answered all your questions, I would think that'd be beneficial to That's fine. Yeah. No, I'm just I'm just trying to understand. Make sure that we have enough time.

I'm not involved. I'm not involved with all this process so much. So, I'm just, you know, this is a I'm just trying to

any letter I received was received after the packets went out. So, when do packets go out? A week prior to the meeting. Oh, that's helpful to know. Okay. But I only received the report seven days prior to that's when you know we want everybody to have their chance to speak. Correct.

How would I get that to you in advance? those comments and they'll package. I sent it today. That's too late to to forward an email. But you could I know seven days on paper, but it's there's weekends, so it's only business days. Correct. Four business days. Five business days. for some reason. Just trying to understand