Bza - Regular Meeting

Tuesday, November 4, 2025
Transcript
Video
Agenda

About this meeting

Government Body
Bza
Meeting Type
Bza
Location
Frankfort, KY
Meeting Date
November 4, 2025

Transcript

53 sections (from 289 segments)

0:00 – 0:450

Mitch Buchanan here. We do have a quorum. Thank you. Um, we have had minutes uh provided to us by the staff. If there aren't any changes, would someone like to make a motion? Um, Mr. Chair, I do have one recommended change on that uh first page down there where it starts at second paragraph on the bottom. It says about the 1% annual. I think that's supposed to say chance blood and not change flood because I saw a reference to that later in the minutes and it it does say chance there. Okay. And we'll let the record show that Miss Tsley has come in and she is part of the meeting.

0:43 – 1:280

And [snorts] thank you. And I do not have CO. I've tested but I have a cold and I want to share it with any of you. That's all right. I hope you feel better. Thanks. All right. Okay. At this time before we get started with the agenda, if anyone is going to testify, would you please raise your right hand and I'll swear you in. Do you promise to tell the truth, the whole truth, and nothing but the truth? So, help you got Thank you. We still didn't approve. We didn't actually. Oh, we didn't. I'm sorry. It's okay. We didn't approve the minutes. [laughter] We didn't We did a change. All right. So, uh, we had our change to the minutes from last month. Would anyone like to make a motion? So, move. All right. We have a second. Second. We have a second. All those in favor say I. I. Oppose. Nay. The eyes have it.

1:26 – 1:390

All right. Now we can move on. Thank you. Yeah. You're welcome. When you're ready.

1:36 – 2:140

In accordance with sections 155.232 and 155.085 of the Franklin County Code of Ordinances. Brian C. Hicks on behalf of Benson Valley Distributors LLC is requesting an appeal to change one non-conforming use single family dwelling to another short-term rental as well as a waiver of occupancy rate for the short-term rental at 1501 Vincent Valley Road. The property is more specifically described as PDA map number 071009.01 and it's the general industrial zone.

2:12 – 4:060

Good evening, Mr. chair and members of the board. Uh the applicant is uh withdrawing the waiver uh for this uh [clears throat] application. Um we do consider an an additional space uh uh that they could use it for a bedroom. Um so they can have 14 occupants with the number of bedrooms that they do have. So they are withdrawing that waiver. Um so moving on to the uh approval of a lesser non-conforming use. Um, under subsection 155.232, uh, the previous non-conforming use is a of a residential dwelling is not permitted in the IG zone. Um the proposed use uh short-term rental is considered less non-conforming because of the transient occupancy. Uh fewer daily impacts than full-time residents. Uh compatible with adjacent industrial use such as a distillery. Uh non structural changes uh which means which maintains that historical footprint. Um so the structure is an historic uh residential building. Uh it is zoned as the general industrial uh district originally part of the KBEC distillery in the 1930s. Uh the residential use has been continuous since construction. Uh the property was subdivided in 1981. Uh the current owner uh bought the property in 2020 and has renovated the property and he's here today uh to propose a short-term rental use of that uh particular residential structure.

4:08 – 6:070

So the applicable regulations 155.232 232 uh changes to other uses. The short-term rental does align with less non-conforming use criteria. Um the lower intensity than uh the permanent residential use in industrial context. There's minimal impact on surrounding industrial properties. Uh the historic preservation is maintained. There is adequate off- streetet parking uh which is provided which would be two spaces in a with a residential dwelling. Uh residential use uh temporarily ceased during renovations in 2020 but it did not permanently just continue it. So the additional findings uh short-term rental use uh preserves character of the property and complements industrial surroundings. [clears throat and snorts] Uh it will not alter the essential character of area or create hazard or nuisance. Um and like I said the parking is adequate. Uh staff recommends approval uh for lesser non-conforming use with the conditions with the following conditions. The change in use is only permitted at 1501 Benson Valley Road. The short-term rental is registered with the county annually and a business license obtained. A safety inspection of the premise shall be performed before the commencing of operations. The residents must have working smoke alarms that are not more than 10 years old from date of manufacture. Uh the residents must have working carbon monoxide alarms that are not more than 10 years old from the date of manufacturer. if the resident has gas utilities of any kind. Number six, occupancy of the short-term rental shall be limited to no more than 14

6:03 – 6:480

uh yes, 14 individuals. Uh number seven, if the operation cease, then notice shall be provided to county planning and building codes office for their records. All conditions of subsection 155.089 089 notice special conditions 27 short-term rental shall be satisfied number nine the short-term rental shall be operated in accordance with the sub submitted application materials including the submitted operations and management narrative I would like to submit my report to the record and open for any questions at this time any questions for M um go back to number six

6:46 – 7:300

limit limited to no more than you said 14 persons. That's correct. Um my original report I said 12 and that's because I thought we were doing a waiver tonight which I would be denying that. However, it's come to my attention today. That one room does have a partitioned wall which could accommodate another additional bedroom. It does have egress and ingress and that does satisfy our uh safety regul or safety inspection of a short-term rental. So that did give them an additional bedroom which would make that 14 occupants. Yes. Thank you. You're welcome.

7:28 – 7:390

Any other questions? Not seeing. We'll let you sit and we'll let the applicant or the representative come up if they like to. [clears throat]

7:42 – 8:160

Let you give your name uh and address for the record, please. Good evening, chair, board. Uh my name is Brian Hicks, the Macaron Jones on behalf of Benson Valley Distributors, the applicant. We uh agree in total with staff's report and have no new additions or comments here to answer any questions. Any questions, Mr. Six. Not hearing it. It's pretty easy knife. Yes, sir. I like it like that. Yeah. What you said?

8:14 – 8:400

All right. Do we have anyone in the audience who would like to speak on behalf of this application? Not seeing any. We'll go ahead and uh we can have some discussion, but I think we have all positive findings. If someone would like to make the motion for or yes, sure, I'll be glad to make the motion on that. If there is no discussion,

8:36 – 9:480

uh, in accordance with sections 155.232 and 155.085 085 at Franklin County Code or Ordinances. is I move that we approve uh this uh request uh from Brian Hicks on behalf of Benson Valley Distributors LLC uh the to approve the appeal to change uh one nonconforming use of the single family dwelling uh to another use short-term rental um and which would be less nonconforming uh property more spec specifically described as PVA map ID 071-00-00-9.01 and actually as u with all of the uh the staff report positive findings and the conditions as agreed upon by the applicant and is read by staff. We have a motion. We [clears throat] have a second.

9:47 – 10:150

A second. We have a second. Mr. King, you call the role, please. Miss Gitmore? Yes. Mr. Kane? Yes. Mr. Holder? Yes. Mr. Buchanan? Yes. Mr. Richardson? Yes. Miss Poundsley? Yes. Motion carries. Thank you all. Good luck. You call the next item, please.

10:13 – 10:510

In accordance with sections 15, excuse me, 155.047 and 155.049 of the Franklin County Code of Ordinances, No. Al Olivez is requesting approval of a variance of section 155.136D to reduce the front yard setback from 35 ft to 27 ft for the property located at 10203 Owington Road. The property is more specifically described as PVA map number 0704001001.00 and this is a rural residential district. Mr. J, if you would please.

10:49 – 11:330

Good evening board. Um, as Don stated, this is a variance request for to reduce the front yard setback from 35 ft to 27 ft. Uh, a little background on the subject property. There was a house on the property that burned down uh in 2016. um after which a manufactured home was put on site um administratively because staff determined that it was less the setback in that case was lesser non-conforming than what the house had previously been. Um that house has since been removed from the property and based upon our non-conforming regulations in 155.233 um that use has ceased for more than six months. So anything new must come into conformity.

11:320

[clears throat]

11:33 – 13:130

um strict application of the setback would only allow for approximately 10 ft wide strip uh for a house uh which is rather constrictive. So hence the need for the variance in order to allow any structure of any reasonable size to be put on this particular site. Um based upon the applicant's site plan, uh the reduction is requested to be applied to the Herman Smither side of the frontage, not the Owington Road side. So it'll still be kind of set far enough or adequately enough off of that side. Um so it's really only one uh reduction of the setback, not two. Um based upon the staff report, uh we have all positive findings. Um as I mentioned, uh approximately the approximate width of the lot where the house will be set is 80 ft. Once you apply the 235 ft setbacks, it leaves 10 ft for the house. Um we are recommending approval. Um, we did have some conditions in there regarding uh the health department. They needed to do an existing system inspection which I received um paperwork on that today. I have copies available if you would like them. Uh but the health department has indicated that the system uh is functioning properly. Um so we can still keep that condition in there. Um and the second one is that all necessary permits and approvals shall be obtained prior to the installation of the home. So, uh, regardless of if this is approved tonight, they'll still need to get a manufactured home permit prior to installing the home on site. Um, with that, I'd like to enter my report into the record and I'll be happy to take questions.

13:10 – 13:420

Any questions, Mr. Judy? Seeing, we'll let you sit down. Thank you. [clears throat] Um, we have the applicant here. If you've got all positive findings in your report, if you want to add anything, you certainly can come up and speak. Um the I guess you want to add the only thing do they agree? Yeah. Do you have the conditions? I don't have them in my packet. Uh I need it.

13:40 – 14:120

If you would Well, we'll just ask you from there. Do you agree with the two conditions in the staff report? Right. Okay. So, the two conditions read into the staff report that the health department must approve the waist system which they've said that it does and that you all will take get all necessary permits and you'll agree to that. It's kind of hidden.

14:13 – 14:500

We do. Okay. All right. Uh, so that's really the the main thing we wanted to find out. Unless you have anything to add, you don't have to come up. Um, is there anyone else in the audience who would like to speak on behalf of this request? Not seeing any. We'll uh go ahead and have discussion or go ahead and have a motion. Anyone would like to make a motion. Iris, did you get what you needed? Yes. Thank you. I just didn't see it. It was Okay. Yeah. Okay, I'll make a motion. All right, thank you,

14:47 – 15:510

Mr. Chair. In accordance with sections 155047 and 155.049 of the Franklin County Code of Ordinances, [clears throat] Noah Oliverz is requesting approval of a variant section. Uh, I recommend approval to reduce the front se set setback from 35 feet to 27 feet for property located at 10203 Ointington Road. The property more specifically is described in property valuation administrator map [clears throat] item number 0704001.00 000. Uh based on the staff report of all positive findings, uh we recommend approval and uh including the conditions that were set by staff that have already been read into the record.

15:49 – 16:190

All right, we have a motion. Do we have a second? A second. We have a second. Any discussion? No discussion. Let you read after the roll. When you're ready, Miss Skidmore. Yes. Mr. King, yes. Mr. Holder, yes. Mr. Buchanan, yes. [clears throat] Mr. Richardson, yes. Miss Townsley, yes. Motion carries. All right, you have your approval. When you're ready, we'll let you read the next item on the agenda.

16:15 – 18:130

In accordance with sections 155.008 008 of the Franklin County Code of Ordinances. Bill Fowler is requesting approval of a waiver to section 155.331, table of required parking to wave the parking requirements for the property at 1425 Letown Road. The property is more specifically IDed as PVA map number 0950063.01 and this is a general industrial zone. So, this request is uh based upon an addition to an existing warehouse. It's uh an approximately uh 30,000 foot square foot addition to 150,000 square foot warehouse. Um based upon 30,000 square foot addition or 30 I think it's get my numbers right. It's 30,228 ft addition. It would require uh based upon the one space per 10,000 growth square feet as stated in the parking table uh would result in the need for 31 spaces to be required. Um based upon discussions with the applicant, the end user of this facility is the state and they've indicated that they are only going to need three additional employees to staff uh this addition and they're proposing five additional spaces. Um given the space constraints on site uh due to the basin um staff is in support of this request. Um based upon um those space constraints and the concern that additional pvious parking based upon the pvious space from the parking uh would generate additional runoff that we don't really want to see in this area because it's in close proximity to Slickway Branch. uh there's a lot of development pressure on that stream and uh anything we can do to mitigate runoff to go to

18:10 – 18:530

that site is a positive in our view. Um so less parking is less pvious we viewed as a positive thing and therefore uh we are in support of this request. Um I do have positive findings and I'm recommending approval and I'll be happy to take questions. Any questions for Mr. Judy? We'll let you sit down. Thank you. I have There's no conditions, right? There's no conditions on this one. That's correct. Okay. Our applicant, if you want to come up, if you have anything to add. Is our applicant here? May not be. Okay. Over here.

18:50 – 19:340

All right. Um, there are no, like you said, there's no conditions. So, um, we've got positive findings. If you want to add anything, you can come up if you don't have to. We're in a good position. [laughter] It's It's fine. Um, do we have any questions of our applicant? We don't. So, we'll let you sit there and it's been sort of an easy night for the these items. Okay. So, uh we have uh do we have anyone else in the audience that wants to speak on behalf of this? Don't see any. So go ahead [clears throat] and if someone would like to make a motion.

19:32 – 20:240

Sure. I'll I'll go ahead and take a stab at it. I move that we approve the waiver of section 155.331 uh in accordance with the sections of 155.008 of Franklin County code of ordinances uh for Mr. Bill Fowler to approve this waiver. And this is uh a table of required parking to weigh the parking requirements for the property at 1425 Letown Road. And the property is more specifically described as PVA administrator map ID 095-0000-00-63.01 and with the all positive findings and the staff report.

20:23 – 20:470

All right, we have a motion. Do [clears throat] we have a second? A second. We have a second. Call the roll, please. Miss Gidmore? Yes. Mr. King? Yes. Mr. Holder? Yes. Mr. Buchanan? Yes. Mr. Richardson? Yes. Miss Townsley? Yes. Motion carries. We have your approval. Thank you. You like to call the next item zero

20:46 – 21:200

in accordance with section 155.048,55.085.089 089 and 155.01105 of the Franklin County Code of Ordinances. Michael Michael Tablang is requesting approval of a conditional use permit to allow the operation of a short-term rental at 103 Peaks Mill Road. The property is more specifically described as PVA map number 0730028.03 and the zone is agricultural.

21:18 – 23:180

Yes. The subject property is located on Peaks Mill Road just outside the city limits. Uh the lot is approximately 2.85 acres in size and contains a 5,740 ft single family dwelling with five bedrooms. Uh however, the applicant is requesting a sixbedroom uh contingent upon uh inspection. uh adjoining [clears throat] a nearby land uses and zoning categories include Peaks Mill uh Elementary School which is directly across the street. Uh it is a special government SG district and uh AG agricultural districts to the north, west, and east uh primarily containing uh single family uses. The surrounding neighborhood also includes rural residential and agricultural as well as the rural residential B district. The applicant plans to list a property on platforms such as Airbnb and Verbbo. According to GIS data and FEMA MSSE, the subject property is not located within the special flood hazard area. Um, this will be the applicant's second short-term rental in Franklin County. He did receive approval to operate at 210 Fairway Drive in in January 14th of 2025. Um, [clears throat] following that approval, the applicant decided to construct an additional bedroom and received approval from the board uh to increase the occupancy at their June 10th, 2025 meeting. Uh that short-term rental is currently operational and staff has not received any complaints related to that use. Uh staff discovered all positive findings for this uh application. Um we also have two additional findings.

23:15 – 25:130

Uh in addition to the findings, uh staff also finds that the proposed conditional use will not alter the essential character or the general vicinity nor cause a hazard or a nuisance to the public. The proposed six-bedroom dwelling will be large enough to accommodate the allowable number of users to 16 and adequate parking will be available. All necessary public services and facilities are or will be available. The proposed conditional use should not affect adversely affect the public health, safety or welfare provided that the recommended conditions recommended conditions are met. Uh [clears throat] uh staff does recommend approval of the applicant's request with the following conditions. The conditional use is only permitted at 103 Peaks Mill Road. The conditional use is granted only to Michael Tabling to allow the use of the property for a short-term rental. The conditional use is not transferable and any change in ownership will make this approval null and void. The short-term rental is registered with the county annually and a business license obtained. The safe a safety inspection of the premise shall be performed before the issuance of a conditional use permit and commencing of operations. Number six, the residents must have working smoke alarms that are not more than 10 years old from date of manufacturer. 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 14 unless the sixbedroom is constructed, in which case the occupancy shall be limited to no more than 16 individuals. If operation cease, the notice shall be provided to county planning and building codes office for the records. Number 10,

25:09 – 26:070

all conditions of subsection 155.089, 089 noted special conditions 27 short-term rentals shall be satisfied. If an additional bedroom is added on in the future to increase occupancy to 16 guests, then another safety inspection shall be performed. Number 12, the short-term rental shall be operated in accordance with the submitted application materials, including some the submitted operations and management narrative. Number 13, if the conditional use permit has not been exercised within one year of the board's action, it shall be null and void. Number [clears throat] 14, all necessary permits and approval shall be attained, including a building permit. All approval of the u the septic system prior to construction and occupancy of the proposed sixbedroom. I would like to submit my report into the record and open for any questions.

26:05 – 26:470

Any questions, M. Can I get a copy of page two when you're done? It wasn't in my Oh, never mind. Got it. Thank you. Yes. I have a quick question for you. This an existing operation right now. Do you know if a six bedroom will require an additional lateral line or something for the septic system? Has that been uh I would have to see. I don't know that it was what the TRT said. Let me go back. So, John Cambron did say uh he's from the Franklin County Health Department. Right. Right.

26:44 – 27:290

That he spoke to the property owner and told him the requirements of the septic system and he will need to provide us [clears throat] with the number of bedrooms he is proposing to advertise as well as have a permit pool to revise the septic to meet those needs. So, he would have to get some type of Yes. Okay. Some type of at least test on it. That's correct. We just don't want to cause a problem in the area. That's right. Absolutely. Yes. I have a couple of questions. Could you address the parking since this is I can see the map. It's across the the road from the school that Sure. So, plenty of parking on the property.

27:26 – 28:110

So, according to our regulations, a single family dwelling only needs two parking spaces. according to our regulations. But in my opinion, I believe they do have enough parking for six for 14 people, 16 people. Yes. Because the lot size is 2.85 acres in size. And also I I guess I'm not completely comfortable approving a bedroom that's not constructed and allowing 16 people based on a bedroom that hasn't been constructed even though there's a condition here that you've dealt with it in the condition. But I don't see why we wouldn't make them just come back and ask for

28:09 – 28:540

Yes. I see what change. I I don't Do y'all think that's a problem? I Maybe we should talk about it when we finish. We'll just do a discussion. Yeah. Yeah. Thank you. You're welcome. We can talk [clears throat] with the applicant's representative too. Sure. Yeah. That's good. Good. Any other questions? Okay. We'll let you sit down. Thank you. If the applicant or the representative would come up and give us your name and address for the record and we'll probably have a couple of questions for you. Hi, good evening. My name is Liz Davis. I live at 11704 River Beauty Loop, Prospect, Kentucky. And I am the real estate agent and representative for the applicant. U we have a couple if you want to go ahead and ask.

28:51 – 29:300

I have my first question is do you have some sort of limited power of attorney to bind the the applicant for these conditions that we're going to impose on this if we approve it? We have not signed a limited power of attorney for this. So I I don't feel comfortable with that as well. I think we need to have when we have somebody who's gonna agree to conditions, they need to have some sort of limited power of attorney or attorney in fact or something that binds them to that binds the applicant to this person's saying that they will agree to these conditions. Mr. But I would like for Ed Logan too.

29:28 – 30:120

I I absolutely agree with Iris. We used to do an affidavit when someone came in if they were not the attorney representing them or they were not an owner or they were not a stockholder if there something that would bind the company. Uh and I don't mean to be disparaging but a real estate agent has a contract but unless they've got an affidavit that says you can bind me to these conditions the owner can can basically say no I'm not going to do it and then that leaves us going to the realtor to try to enforce it. I don't think she wants to be in that position either. I have a question for you from a administrative standpoint. Uh if and that's a valid, you know, point.

30:09 – 30:520

If we decide to do an approval on the condition that we get that affidavit and then it would be enforced. Is that something that you're comfortable with as the attorney? If you make that a condition of approval, she could provide have the the owner provide it and we're fine. And that way they don't have to come back again. Actually, the owner could provide an affidavit himself saying, "I have read the conditions and I abide by those that submit in the record." And she wouldn't need to do it at all. Right. Right. But that's not the case tonight. So, and that's something in the future. Uh perhaps staff can let the We talked about it earlier, Mr. Chair. Okay. Then you had another Did you have another concern? Um I think you were talking about parking also.

30:50 – 31:200

Well, the bedroom issue. Mhm. I I don't understand why you're asking for 16 when we don't have that many bedrooms. I think he was asking for it to be contingent upon inspection. If he decides to add it, then he'd like approval or added on. But of course, if you all want him to come back and resubmit to get that approved, that's up to your discretion.

31:18 – 32:010

Question for Mr. Logan. uh in our findings if we modify our recommendation that we're only doing 14 until and and except and [clears throat] it's sort of in here already if another bedroom is to constructed and inspected and and all other conditions are met. Are are you comfortable with that or should we basically make the applicant come back to protect? I'm comfortable because we advertised this 14. Okay. And we've looked at it for that. I don't think that at just at the hearing boosting another two irrespective of the commitment is appropriate. Okay. No, we didn't advertise it based on 14.

31:59 – 32:420

That was part of the original request was that they have 16. I retract that that I thought she said in her report she had 14. It would be moved contingent upon the approval. That's in order to allow him to to operate for now. In the meantime, if he were to operate with the Well, he can still Well, he can still operate with if we keep it at 14, he can still operate now if he gets here. So, and then if he adds the bedroom, we included conditions that allow for him to do that without having to return to the court. Which is typical in my opinion for conditional uses. We see conditional uses all the time that are completely unconstructed and someone is coming and asking for use permit.

32:40 – 33:250

Um, so I think waiting for that bedroom to be constructed is not necessarily necessary. Okay. But that's a specific But it is seems to me this is a specific regulation regarding the number of bedrooms you have and the number of occupants you can have based on that. That's how I see it. Another question for Mr. Logan. We can the board can alter our recommendations to 14 and then if the applicant does do the construction of this last bedroom, they can simply come back. It may be inconvenient, but they can now operate if you know with the approval of 14 It sounds like [clears throat] we've got there's some concerns here and and I would assume that's

33:23 – 34:060

you can do you can do that either way. You can approve the 14. You can also make it condition contingent upon meeting all the applications for the other two if the board so chooses. Okay. I just think that in the past uh we have have done a lot of things that we've allied on the contingency and you have have some authority for doing that if you wish. Okay. I guess in a sense if we are comfortable with that or not, we'll to do it during discussion. I defer to our council. Okay. Uh parking. Did you want to bring that up again? I can speak to I believe that the staff thought there was adequate space in the two acres.

34:04 – 34:370

My question is and I don't know if well you know the property since you're your real estate person. Is there [clears throat] is it gravel? Is it concrete? Is it I mean we're talking probably eight cars. Oh, it's a very long driveway. There's two garages up front and then you drive around to the back. There's two additional garages at the back. There's also like a barn structure that's technically a sixcar garage size, but there's tons of driveway space. We're covered on the parking lot. Okay. Any other questions? Thank you. Okay.

34:36 – 35:200

I think that's all we have. If you'd like to sit, there's no one else in the audience to ask anything. So, uh, for discussion's sake, uh, h how how does the board feel? Do we feel comfortable with the way the staff report's written with the contingencies for the six bedroom or do we have more than one person that's concerned about it? Uh, because we have the ability to reduce it to 14 or allow the 16. Our our our attorney has told us we can do either way. What's your all's I'll just poll everybody. Do you How about you? Do you feel comfortable with it? Um it be [clears throat]

35:19 – 35:550

I mean how big of an addition would it be? I mean well it affects it affects occupancy and then the septic system. But if we've got it covered, my my take is we've got it covered with the contingencies, but I want to hear every we if we've got more than one or two people really concerned, we can reduce it to the 14. I'm just trying to get a an idea. I think 14's a lot of people. Um I don't know that we need to I mean I probably will vote no.

35:52 – 36:370

Okay. But you all I mean certainly I defer and I I agree that we can do it that way. It's just putting a contingency on a contingency that he also gives us an affidavit that he right right is going to agree to these things. I think that's a lot of contingencies and and really could be done more okay tightly maybe. Any other feelings in either way? I don't have a problem with the contingency. Okay. Yeah, I feel the same way. I do think it is important though we cover all the legal bases like Mr. Logan said with the the affidavit and all that. Make sure we've got that covered in in those conditions.

36:34 – 37:070

Okay. I I I feel comfortable with the [clears throat] affidavit being part of conditions and I also feel comfortable with it's covered in here the additional two people the contingencies. So, well, maybe staff could let people know in the future that they need to be here, right? Or they need to have some paper, right? We I [clears throat] think we made that request to Yeah. And I appreciate your concern. Thank you. Okay. Would anyone like to make a motion?

37:08 – 38:070

I can. I I will. Okay. I'm going to go ahead and and uh make a motion for approval for the request by Michael Tavlang and Christine Ule uh for the uh request to approve a conditional use permit to allow the operation of short-term rental at 103 Peaks Mill Road. More specifically prescribed as property valuation administration map ID 07300 000028.03 03. Um, based upon the uh positive findings and facts and testimony from the staff as well as uh some further information provided by the uh realtor, Miss Davis, with the following conditions. Where is it? Didn't have this page. We didn't have

38:04 – 40:040

That's it. Yeah. All right. Thank you. uh recommend approval uh based upon the following conditions. Number one, the conditional use is only permitted to 103 Peaks Mill Road. Number two, the conditional use is granted only to Michael Toblain to allow for the use of the property as a short-term rental. 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 is obtained. Number five, a safety inspection of the apprentice shall be performed before the issuance of the conditional use permit and commencing of operation. Number six, the residents must have working smoke alarms that are no more than 10 years old from the date of manufacturer. Number seven, the residents must have working carbonox alarms that are no more than 10 years old from the date of manufacturer. If the residence has gas, utilities of any kind, uh, occupancy of the short-term rental shall be limited to more to no more than 14 unless A6 bedroom is constructed, in which case the occupancy shall be limited to no more than 16 individuals. If the operation ceased, the notice shall be provided to county planning and building codes office for their records. All conditions of subsection 155.089 089 noted special conditions 27 short-term rentals shall be satisfied. If an additional number 11, if an additional bedroom is added on in the future to increase occupancy to 16 guests, then another safety inspection shall be performed. Number 12, the short-term rental shall be operated in accordance with the submitted submitted application materials included in submitted operations and management narrative. Number 13. If the condition conditional use permit has not been exercised within one year of the board's actions, it shall be null and void. Number 14. All necessary permits [clears throat] and approvals shall be obtained, including

40:01 – 40:460

[snorts] a building permit. All approval of the septic system prior to construction and occupancy of the proposed sixbedroom. And number 15, we would like uh the applicant to submit an affidavit stating that they agree with all conditions before this uh approval or request for conditional use shall be uh approved. So those are the 15 conditions I have read. Do we have a second? I'll second. All right. Do we have any discussion? Maybe we already have that. All right. If you would please uh call the role. Miss Skidmore. Yes. Mr. Keaton.

40:45 – 41:280

Yes. Mr. Holder? Yes. Mr. Buchanan? Yes. Mr. Richardson? Yes. And Miss Towns? Motion. Motion carries. All right. You've got your approval. If you would let the applicant know they need that. Appreciate that. Yeah. Thank you. Thank you for patience. Uh I don't believe we have any other business. So, and we do have a meeting uh December I got about 16th. Yeah. Okay. So, everybody's 16th 16th 16th. We're not having the first one. It's just one meeting. Are we having the Is that right? Only one or two in December. There's only one only one on the 16th. There's typically not a December. That's right.

41:27 – 41:570

Since we did have several requests for an application, we asked that you all consider having a special meeting and it seemed like the 16th worked. Sounds like we most everybody's already agreed they can be here. So, all right. Um, uh, a motion for adjournment. So, move. Second. Second. I have a second. All those in favor say I. [clears throat] The meeting is adjourned. Thank you all. Thank you. I apologize for being late. So scary.

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