Bza - Regular Meeting

Margaret Townsley here. Patrick Carney. We do have a quorum. All right. Thank you. We have had the uh minutes of our last meeting provided to us. If anyone doesn't have any changes, if they would like to make a motion. I move that the minutes be accepted. Okay. We have a motion for approval. Do we have a second? Second. There's a motion and a second. All those in favor say I. I. Oppose. Nay. The eyes have it. All right. So when you're ready, Don, we're going to let you call the first item on the agenda.

In accordance with sections 155.085 and 155.105 of the Franklin County Code of Ordinances, Larry and Shauna Hill, care of Brian Hicks, are requesting approval of conditional use permit to allow the operation of a reception assembly hall at 879 Benson Valley, I'm sorry, Ben South Benson Road. The property is more specifically described as PVA map number 02600000014.05.

Good evening board. Um so this is a request for a conditional use permit for a reception/asssembly hall. Um you all have seen a handful of these requests uh come before this board in the past few years. Um to my knowledge none of those have had any reported issues to staff. Um subject property is located in southwestern Franklin County um on a private drive between South Benson Road and Green Wilson. Um under 155105A um staff did list negative finding there. However, um based upon further discussion with the applicant, uh one of the primary concerns that staff had was um sending the proposed number of patrons at this reception venue down a private road um that might have an impact on the adjacent neighbors. Um thinking at that time that the access would be from South Benson. After discussing with the applicant, we uh discovered that they do own land further south along the same private farm road and that the primary intended access point would actually be Green Wilson, which would actually not go by nearly as many residences. Um staff also would recommend that they build a new driveway to serve the use uh to avoid the part of the access easement that overlaps with any neighbors. That way it should reduce that potential for conflict and congestion and traffic and the like. Um so the last sentence there on that 155105A um staff does feel that with all the conditions that we're recommending um that that should help um reduce some of that issue that we were seeing there. Um, also wanted to note there is a typo on page uh I think it's page three one on that same section where it says the distance to uh South Benson Road is

7,725 ft. It should be 4,50 ft which is approximately 0.78 miles. Um, so this barn that they're proposing to use this use is somewhat in the middle between South Benson and Green Wilson Road, but a little bit closer to Green Wilson. Um, throughout the next sections, we have positive findings until you get to 105D. Uh, similar concern with um going down the private road. Um, but again, we think that we can get to that point with all the conditions if they are satisfied. Um, also staff does see that the area is in a large open field. Um, there's a potential for sound to travel. So, if the board deems necessary, um, staff would not be opposed if screening or buffering would be, um, imposed. Um, with that, um, with that, we do have other positive findings. Additional findings staff has in addition to the findings above. Staff finds that the conditional use will not alter the essential character of the general vicinity nor cause a hazard or nuisance to the public provided that the conditions recommended are fulfilled. The uh necessary services to serve the facility are available and that the proposed conditional use should not adversely affect the public health, safety or welfare provided that the conditions again are fulfilled. And with that, we are recommending approval uh with a pretty good length of conditions. There's 18 of them. I'll read them into the record. And one of them um based upon discussion with the applicant, uh we're going to recommend a modification to it. That's number 14. We'll get to that in a moment. Uh condition number one, the conditional use is only permitted at 879 South Benson Road. Two, the conditional use is granted only to Larry and Shauna Hill to allow the use of the property for a reception assembly hall. Three, the conditional use is not transferable. Any change in use will

make their approval null and void. Four, should the applicants no longer own the property along the access easement between subject property and Green Wilson Road uh PVA number 026-00-00-14.10 and 026.0000 00000014.08. Uh the conditional shall become null and void unless an access easement agreement is provided to the planning department. Five, the development a development plan shall be required to be approved prior to the issuance of building permits and the commencement of the use. Uh let's see. Um, six, again, the development plan shall indicate the number and location of parking spaces as well as a dedicated turnaround for fire apparatus and improvements along that easement. Seven, the private drive shall be constructed to support the weight of Franklin County Fire apparatus up to 56,000 pounds. Eight, handicap parking spaces shall be provided in accordance with the Kentucky Building Code. Nine, all Franklin County Health Department requirements are satisfied prior to the use commencing. 10, a Franklin County business license must be obtained prior to the use commencing. The 11, the barn venue must meet the Kentucky building official or sorry, the the Franklin County building officials requirements. 12. The use shall be limited to 300 guests, not including staff personnel. 13. hours of op operation shall be limited to 12 pm noon through 11 pm and 14. Uh based upon discussion with the applicant um they felt that that was a little bit limiting but they might want to have more than one uh per month. Um, so we've landed at uh allowing up to 14 through the whole calendar year, not limiting it on a monthly basis because there might be some wintertime uh months that might not see an event, but there might be a springtime where there might be two in a

month. So, um, staff was comfortable to going up to 14 on that one. Um, number 15, no permanent structures, including pavement or fill shall be installed in the flood zone without obtaining flood permits. 16. No outdoor music live or otherwise shall be permitted after 900 p.m. 17. No fireworks shall be permitted. And 18, the applicant shall contract with a private waste removal company to remove any trash generated with any of the associated events. And with that, I'd like to enter my report into the record, and I'll be happy to take questions. Were you adding in the conditions the new access point?

Yes. I think that would probably be a wise one. It's up to you all. I didn't put that in there, but um we're not opposed to it. Okay. Uh I have a question for you. How are we going to enforce this? Somebody going to be out there counting people and how many I mean, I'm not trying to be, you know, similar to like the fire marshal, you know, this room. We we limit the number of people in in there unless that official is not present. It's kind of hard to enforce, but um you know there are neighbors that are aware of this request and some of them are present in this room and if they would to report to us something to that effect, we could check it out.

Okay. So if if there's more if if this is approved and there's more than 14 a year going on, uh neighbors can report to you all and you can investigate. And if you find that that's the case, what what's the what are the options to prevent that from reoccurring? What's the enforcement mechanism? Part of it relies on you all. So if we as staff get some reports of issues or that any of these conditions listed are in violation, staff will investigate and if we do discover an issue, we can bring it back before you all and you all have the authority to revoke the permit. All right. All right. Good deal.

Do we have any other questions? I I have a couple of questions. Um I realize it's a pretty good sized area, but is the space that would be appropriate for parking for 300 guests? Where's that going to be? And is that an area of this property that um will work out for parking? Is it going to be a suitable area for both?

Yes. So, that's a good question and that's one reason why uh staff is recommending um the approval of a development plan. So, they'll hire a professional to to basically lay out a design of the site, how it will function, and that'll go through a technical review process with the fire department, water, electric, utilities, health department, and our office. And we'll we'll enforce um that plan to be built to however it's approved. My second question is um regarding some sort of buffer or screen that you spoke of earlier. Where would that be and would we want to require that?

Yeah. So again, that's something that we would establish on that development plan and staff would recommend that it would go in a place that would provide the basically most bang for buck. Where where are the neighbors? Do we want to put a row of evergreen trees between this use and the nearest house? You know, those type of details can be sorted out on a development plan. Could we make it a condition that we have that in the development plan? Absolutely. If this board chooses to do so, if you all feel screening is necessary to reduce some of the sound traveling or even the visual aspects of it, um staff is fully on board with with requiring buffering and that's something that would also be then required to be put on that development plan.

Anyone else?

All right, we'll let you sit. We'll let the applicants representative come up and talk about their request. Mr. Hicks, if you give us your name and address for the record, please. Good evening, board. Brian Hicks of Magnamear and Jones, 315 High Street here in Frankfurt. On behalf of Larry and Shauna Hill, Larry, more commonly known as Chad Hill of Hills Electric. Um, we agree totally with staff report accept all conditionals conditions proposed. I will tell you that even though it has an uh South Benson address, this property is mostly accessed from the Green Wilson side, uh they own the property from the event venue all the way to South Benson along which that road travels. They will be constructing a private drive off of that road that runs through their property to the event venue such that they don't have to have guests or uh patrons travel along the shared access. Um, we will be putting in a buffer as recommended by the uh development plan as approved and we have already been discussing the appropriate parking area for that and I believe there uh staff report on parking does specify some of that language in there and I would just point out that we have a considerable amount of public support here tonight. If you're here in support of this, please raise your hand.

That's all I have. I'm open to questions. I just have a question about buffering. Um, you talked about sound and the sound ending outside music ending at 9:00. What kind of buffer does mitigate noise? That's a great question. I'm a lawyer. Um, we'll work with staff to figure that out. Okay. I'll ask them later. Yeah. As far as uh waste facilities, are you all going to have a septic system installed or you just going to have like portaotties and or I've seen these trucks come in with multiple bathroom facilities for a large gathering like this?

The event venue already has uh restroom facilities within it. They initially constructed what was a pole barn to act as a man cave for Chad, which was his permanent RV because he can't go RVing anymore. So, that was the initial intent. Since then, they've decided or had several uh events out there for friends and family and now seeking approval officially to go ahead and do it more often. Any other questions for applicants? M on site that's going to enforce the noise, force the traffic, enforce those things on each of

Yes, sir. Okay. Who will that be? Shauna Hill. All right. I don't think we have any more questions for you right now. We'll let you sit down. If someone would like to come up and speak, uh, do you want to just read off? You want to call the fours first and then do Let's do the fors first and then we can do any against. Yeah. And once again, we're going to have a threem minute time limit. You don't have to go the whole time. If you just change your mind, you don't want to have to speak, you don't have to. Okay. Uh, Peter Rich, I'm gonna murder that. Rich Mi, you can come up, please. This is a different case.

Oh, you're here for a different case, but we'll come back to you. Um, Steve Norman.

Yes, my name is Steve Norman. I live at 118 Farmers Lane. Uh, I do work for Chad and this is beside, but the reason I would like for this to be out there is everybody knows the condition of Green Wilson. Like I said, I live on Farmers Lane. With him having a wedding venue out there, it's more money for the county to upgrade and widen that road, you know, cuz that money is going to turn into taxes for Franklin County. And that's the reason I'm for it, not just because I work for him. It's I live out there and you know we all know the conditions of South Benson. We all know the conditions of Green Wilson. You know, Farmers Lane, you know, it's it's going to bring more money to the community. Saxs Market's going to benefit from this. Anybody that moves out there is going to benefit from this coming in out there. So,

thank you guys. Any questions? All right. Thank you. Shauna Hill.

So, I am Shauna Hill, 11:08 Lane. I am the property owner. Um, Brian Hicks has pretty much said everything that I probably need to say, but um, I will say that we will comply with everything that needs to be complied with as far as what you all recommend or what's been recommended by the planning and zoning. We have already been in contact with the health department planning and zoning trying to iron out the details on what we need to do. Um, and we will uh monitor the situation as far as the guests that are permitted out there and um I do hope you consider it um to approve the situation. Um it's we've had my son's wedding out there and it is a fantastic place and we've had uh several friends and family from that wedding that have requested to have their own weddings out there in the future. So I I just hope that you do approve it. Thank you.

Thank you

Christina Goss. Christine Goss. Hi, Christine Goss 513 Aztec Lane. Um, I got married I was the first person to get married out there. Um, that's my best friend, their daughter Emily Hill. And as an out of the niceness of their heart, they let me get married there for free last October. Um, I had the most amazing day. We all my guests did access it from the Green Wilson. We had no issues. No one came in from South Benson, so no traffic issues there. Um, we had a great day. We did have a few things, but they weren't on our end. There was no issues from us. The hills were great. We didn't have any bathroom issues. We did bring in portaotties by choice um because we did have a large number of guests, but we had no issues otherwise.

Thank you, Greg McGee. I'm gonna skip. That was my daughter, so she kind of said everything else. Okay. Marcel S. That's another issue. Okay. Uh, Andrea McCaffy.

My name is Andrea Mafy. I live at 875 Southbenson, which is right next door. It's uh where the property line uh next to the property being discussed. And these people are some of the nicest people you will ever meet. And so I I trust that they will handle everything appropriately. Um, the only thing I would ask would be to maybe formalize the condition that they come in from the Green Wilson side. It is a very isolated property out there and um, when they're having just friends and family out, no concerns. Um, but to have 300 just random people coming through that side, they can see how isolated we are and how isolated our livestock is. And I just want to protect our property and make sure that like a large number of people don't see how easy it would be to access our property. Everybody don't tell anybody. Um, and then in keeping with that, maybe I don't know if it would be possible to at the exit time to set up maybe a couple of saw horses that would be, you know, temporary and movable, but just to block access to the southben side when it's time to exit so that nobody comes out that way. I don't know if that's reasonable, but um, and the only other thing is we're fine if the music goes till 10:00. It's I mean if you're having a wedding nine seems kind of early but um I'm in support. I think that they're nice people and they will handle it appropriately.

Thank you. Donald Norman. I don't know what I'm Donald Norman 92 Vicky Way. I don't know what can be said that hadn't already been said. Uh, I know the drawings you have in front of you really don't speak justice to the beautifification, how beautiful this property is. Uh, be a great place for a venue. Uh, but that's about all I have to say. Thank you. Thank you. We're moving on to the against uh Matt and Joy Lee.

Good evening. I'm Matt Lee and this is my wife Joy Lee. We're we are actually the property owners at 877 South Benson Road. We are the ones that are heavily affected by this uh this this uh need because we've had problems with them in the past. Uh they actually had four what I would consider illegal venues there. Uh we even talked to the zoning planning board and he knew about it and they of course they made excuses on that it was family, friends. So be it. But nonetheless, uh we've had property damage. We've had uh threats that were made to us because they didn't like the fact that we had a Ecoin venue the same time that they had their venue. Uh they've had well over 400 people at this venue

and we brought pictures of the damage to our property. So we have please do it separately so

Yeah, sure. So we've we do have pictures where they busted our mailbox and busted some some um fencing meaning that their guests have done that. Uh we have threats. We've been threatened. We were threatened by a Harrison Hill during uh Shauna Hill's son's wedding. Basically telling my wife, well, I can't even say what he's going to tell my wife because it's not appropriate to say, but he said that to my wife and son. So, these are the people that I understand everybody's uh saying are good people. Well, maybe they are, but uh you know, they obviously don't want to work with their neighbors. Uh they don't want to control their their own family in order to have these venues. And again, when I'm threatened that my barn is going to be burnt down uh because they didn't like the fact that we had another venue, I think that's going a little extreme. Now, I am glad to hear that there are a bunch of contingencies with this and I do hope that those stand. Um again, where our driveway is is right in contention with where they would drive to their main driveway. So, as long as they have a driveway coming off before it even comes to our driveway, I don't think I have much of my wife and I have much of a problem with it. Uh I do think there needs to be sound buffers. Uh, I do like to see a 10:00 end time, not 11 because the sound where it does, it radiates through the hollow right there and it does come to the house. We just built the house in 2024 moved in. The house is well equipped with insulation, but you can still hear them partying. I would like to make sure that there's no underage drinking, which has been there before. We've seen that. Um, and I would like to again just make sure that they abide by all the rules, uh, which they haven't done. I mean, as a matter of fact, right now, they don't even let garbage trucks come down Green Wilson Road in order to service my barn, my my and my house. But yet, they're going to let these trucks, all, you know, 400, 300 cars come down this driveway in order to go to the venue. Doesn't make a lot of sense, but I I don't have much of a problem with this as long as those things are met. Again, I would like to have a 10:00 in time. Uh definitely want to make sure that there's a sound buffer so it doesn't affect my residents and

also would love to see that there would be uh a different road because uh as Miss Mafy said the road cannot handle any additional traffic. I'm sure you're past your three minutes. I'm sorry I didn't hit the timer but that's what I need to say. Thank you. Thank you.

Joy, would you like to come up? I completely oppose the wedding venue just for the fact the road is too small where our property is. I don't see how it's possible for you to block the noise and every time there's a wedding, we have damage to our fencing. It's a very narrow road and without you visually seeing it. Our property butts up too close. Our property is in the middle line is in the middle of the road. It's next to impossible to keep the noise away from our homes. Uh, so I just don't see how it's going to be manageable. And the weddings they've had have been well over 400. So again, how are you going to manage how many people are there? We have called in the past. We called planning and zoning multiple times. We called the police department because music was 2 and 3:00 in the morning. Nobody was there to monitor these weddings. So I completely oppose this. I don't think it's going to work. It It's just not going to work.

Thank you. Dylan Wilson. Hi, I'm Dylan Wilson. I'm over at uh 873 Southbenson Road. They've pretty much touched on everything that pretty much needs to be said, but I work in law enforcement in Louisville. I work 16 hour shifts and I sort of have concerns with how they're actually going to facilitate and manage this. When they say only one person, Shauna Hill, is going to facilitate all this traffic, facilitate all the security and everything that needs to be put in place. Coming from law enforcement, that's a huge ordeal for a 400 person party to say, "Oh, only one person is going to control that. Everyone makes it to Green Wilson. Everyone's going to follow the rules. There's not going to be no underage drinking, no illegal activities, no crime, no nothing." How can one person facilitate that? So that's sort of where my concern is and especially with other neighbors who are concerned with how isolated we are. How are we supposed to manage that? And then let alone I can't even make it up our own hill on South Bench Road during wintertime because they have the road completely blocked off without a code. So just recently this past winter I had to sit at the bottom of the hill. I actually went to the gas station, slept for four hours, went back to work for a 16 hour shift because they're not willing to work with us on anything. So that's pretty much all I have to say on that. definitely against that venue because there's they're not going to facilitate or manage it correctly at all. They will not they have not in the past illegal standings that they have done on. So that's all I have to say about that.

Thank you Brianna Wilson. Perfect. Um, and then Southford.

And I'll need your full name, please, because you didn't. Melissa. Melissa. Thank you.

Um, so I prepared a statement so I could stay within the time frame. Um, so first I I'd like to say that um I am representing the 40 acre farm that has three residences on it. So, it's 366 Valley Road, 367 Valley Road, and 371 Valley Road. Um, and certainly we all want to support um rural economic development and we always support businesses starting in the area. However, when you're a direct neighbor um and some of the things that have already been said there, there are direct issues. Um, Green Wilson Road is absolutely not designed for high volume or event level traffic. Um, I get that there's been a few there before, but consistent traffic patterns like that is probably going to be um, potentially unsafe. It's a very narrow road um, used daily by families, school buses, and farms. There's large farm equipment that goes back and forth quite often, especially through the spring and the summer. We have a hay farm. So certainly we understand that. Um I can say that when route 151 and 127 is closed off, Green Wilson Road is then all the traffic is redirected on Green Wilson Road. And because of that, we live on Valley Road. Many times we are a dead end. So many times people are trying to get they come down our road, Valley Road, to get to wherever they're going. So, we head them off or as a matter of fact, quite frankly, just the other day, 151 was closed. Um, my neighbors almost got hit and my husband almost got hit himself. Um, again, trying to redirect the traffic off of Green Wilson Road. The surrounding part uh properties are horse, cattle, hay, and beef farms. Um,

they of course need quiet conditions, and of course, we need safe access. So having a commercial event uh venue is doesn't seem to be very compatible for agricultural settings. Um we are very well aware that there have been late night events already. Um because we have heard the activity continue until 11 and later. Um the barn that's over there, we see the traffic that's going back and forth. The barn lights th those lights all shine onto our property into our homes. my neighbors are directly next to the the property with the barn. Um so we're very very concerned. We think you should heavily consider um all of the things that I think those of us that live in that area actually we have those issues. I get that you're supporting a small business and others support the small business, but being in the area directly living adjacent to the farm, um, we request that you res that we respectfully request that you really consider this or deny it. Thank you.

Thank you.

Okay. Um, at this talk time we usually have some discussion between the board members. If we have any additional questions for staff, I think we can do that. Um, so we've we've got some positive findings. We've got some good testimony about there's been some issues in the past. For discussion sake, my big concern is how are we going to ensure that, you know, the noise levels are taken care of, the traffic, etc. Um, one of the people in opposition made a good point about one person being in charge of the entire event that's going on. I don't know that. I mean, it's if there's if you've ever been involved with big events, there's a lot of things that are happening at once and it's there's a problem in multiple areas. It's kind of hard for one person to control everything. I don't know if we can somehow require that we require anything beyond after the fact if there's an issue. Um, let me ask Mr. Logan real quick. Mr. Logan, if I'm just I'm concerned about when things don't go right for the for the neighbors and for the people having the event because that can happen. Is it is there a way that we can in a sense require that the part of the event structure is that they're going to have, you know, a couple of two or three like offduty policemen to help control if somebody gets out of out of sorts.

No, sir. I don't think we can require that. They can volunteer that. We can make any condition, but uh I think that for law enforcement purposes, that's law enforcement. That's not the board zone adjustments. We're getting outside our lane if we try to do that. That's why I'm asking. Uh but you're saying we can make that a condition. We can make a condition that it be supervised and that there be onsite employees. We can't tell them the number and we can't the hours that they're doing it, I guess, while they're going to be open. But I think we're getting into management and we we really don't have that authority.

That's what I wanted to make sure of. Okay. Um but you do think we could do we could require them to have it supervised. Yes. Yes. And is I think we can say that it it be adequately supervised. supervised to the extent that all the conditions that we're placing on them be followed so that someone's going to be responsible if they're not. We can't just say, "Well, I was busy and I didn't see that." I think we need to to make them accountable if something's going to go wrong.

Um, this may be a staff question. I'm a little confused about the, you know, the access because South Vincent and the other roads, they are narrow and small and curvy. Once again, are we saying that they're going to construct the driveway off of the main entry to this is a new driveway off of Green Wilson or we'll let BIM come up?

Uh, no, it wouldn't come off of Green Wilson. It would be off of the private farm drive just further south than where they currently access the current access point to where their the barn is located. You would have to pass um some of the neighboring lots, including some that we've heard from. So, if they brought an access point further south, the only people it would affect would be their other property, but that would still be off of South Benson. The access point to the farm drive would be off of South Benson. Correct. But then it would come off of onto the existing private farm drive and then it'd be a new drive off of that. So there was talk about Green Wilson. Why would people be using Green Wilson? Is it just an act alter?

Sorry, did I say South Benson? I meant Green Wilson. Pardon my words there. Yes. Green Wilson would would be the primary access point from the private farm drive and then a new branch would come off of that. So we're talking on the the southern portion of the entire farm drive between South Benson and Green Wilson. This would be closer to Green Wilson, further south. So in and out basically Green Wilson. Correct. Okay. May I ask a question? You sure? How's that going to be routed for the guests that would be coming? I mean, is there going to are there is there going to be signage? Is there going to be is that the only way they can get in? So currently

you're describing off of Green Wilson, is there another route that they could take because they're familiar with the area and hey, I know how to get there by this other way. And I just want to make sure if that's what the access is going to be, then that it it is going to be that and nothing else. So since it is presently a private drive, uh the hills have actually erected a gate across it that would prevent people from going too far north. So, if this proposed drive were to be south of that gate, it would that gate itself would prevent people from venturing on past and to the neighboring properties.

I disagree that we can only say that's the only way they get in. We can ask them and say that's our entrance. Notify people that that's the entrance to be used. But if we're letting public citizens drive on a public road, we can't tell them they can't go a certain way just because it's a private road. Private private. Yeah, it's a private road. And to your point, Ed, that we might not want to super restrict it to just one access. The fire department want might want to use the other existing entrance for emergency purposes. staff has no issue with, you know, first responders using any access point. I would think too if we're going to have a development plan, these types of potential problems would be addressed during that.

We would certainly want this proposed drive to be shown on any development plan. Correct. Well, staff would want to put buffering requirements and other things on it which we've discussed tonight, but that would be at the development. We have a few conditions drafted that that you all could add just based on the conversations heard tonight. You to hear those, right? That would be great.

Yep. So, these are based upon um the discussion we've had tonight. Um so, staff will offer up some additional uh conditions that you can add if you choose to do so. Um these have all been, you know, loosely touched on tonight. So the first one we have is a 30-foot landscape buffer along the access easement shall be provided where the easement abuts land under a different ownership and along the eastern property line adjacent to the barn and uh the uh area what is it parking area. Um such buffers shall contain a row of evergreen trees planted at um at a 25 foot on uh space 25 foot on center. Uh staff likes evergreen trees as buffers. I know that question was brought up earlier. Um the what type of tree or whatever works best for buffering sound. Evergreens don't lose their leaves if they're spaced properly. They can they're not going to stop 100% of the sound, but it'll definitely buffer or reduce how sound travels. Um a dedicated No, that's one. So the second one we have is uh a dedicated drive shall be established from the access easement to the barn so that the shared portion of the access easement is not utilized for the venue and a gate shall be installed. So, I think that installing a secondary gate might help with what you were talking about a minute, Iris. Um, number three, um, parking lighting and exterior lighting on, um, on the barn shall be shielded, uh, shall be shielded fixtures directed, uh, towards the interior of the property. Uh, somebody mentioned just a moment ago about light coming through. Um, so that should hopefully address that concern. And then um number four to add uh to the list of conditions, all events shall be adequately supervised by staff to ensure that all conditions are met. So those are for you all to decide if you want to impose that or not.

And Mr. Judah, you had mentioned about the like up to 14 for a calendar year on that item number 14. So that was a revision there.

Yes. So that have after the staff report went out, we had some discussions with the applicant about um maybe that what we had initially proposed didn't quite work with what they might want to do and especially considering that if they you know the winter months might be calendar free for them. They might not have any events in the wintertime but they might have two or three in the springtime on a single month. So this will give them a little bit more flexibility without really increasing the total number by a substantial amount. Okay. Um, if you don't mind, we'll have that those notes if we put that in the motion. Any other questions or discussion? Go ahead.

Talked about 14 events a year um so that they could be flexible, but should we limit the number per month so that they can't do four months, four weeks in a row? That's a good point. That's a good point. Your weddings are usually in the summer. Yeah. June graduation. They could do eight, you know, there could be eight weeks in a row. That that wouldn't be fair to the neighbors, it seems, right? Um, I guess we can

we can add that condition if everybody votes in favor of that. Um, I think we want to add we want to have flexibility if we approve this, but we also want to, like you said, protect neighbors so it's not overloaded on on party after party, right? U 14 straight weeks in the summer, right? Is that a reasonable? Would that be a reasonable condition? I live next door to it. Yes, I own the building. No.

All right. Why don't we do this? Let's have the applicant come up and we're in discussion still. If you don't mind, Mr. Hicks, come up and you kind of see where we're coming from. If we have, you know, wedding season and there's event every weekend, it might kind of wear on the neighbors or whatever. We'll limit it to a month. Okay. That seems that we'll limit it to two a month if y'all want to make that a condition. That seems reasonable. Is that I think that's two a month, not C14. Correct.

Two in the calendar month. Doesn't matter the weekends. Yeah, that seems reasonable. Not to exceed 14. Still limited 14 per year. It could be backtoback weeks, but that's what you're just two. But just two for the month, calendar month. And if we hit 14, we'll be pretty impressed. Oh, yeah.

And those other conditions proposed by Ben that you all uh read into the record, we're fine with those as well, right? Okay. And when I said Shauna Hill would be in charge, I meant the buck stops with her. She's not going to be the only one out there with a clipboard and a a counter trying to figure out how many people are out there and, you know, blaring the alarm when it's 11:00. She'll she has support staff. Okay. Any other questions or concerns or discussion? So there is outdoor music.

I think that's all we have for right now. Good deal. Thank you. All right. We have a lot of we've had some good discussion back and forth and uh not had any outburst, which is nice. Um, would someone like to make a motion for or against with all Is there a new condition that requires security? It requires what? Security in a sense. Yes. Well, supervision. Yes. The way it's written in our condition. We've added it. Okay.

So, if you want to make a motion, we can give you the Yeah. We're going to make you can you defer to the clerk to read the conditions that they've added. Oh, you've got them. Okay. Got those so we can get it right. Good luck. We'll give you help. Okay. Behind you all the way. Okay. I think Mr. Keane is going to make a motion. All right. Mr. Chair.

Yes, sir. in accordance with uh sections 155085 and 155105 of the Franklin County Code of Ordinance. Uh, I recommend approval of this request for conditional use permit for Larry and Shauna Hill care of Brian Hicks to have a conditional use permit to allow the operation of a reception/sembly hall at 879 South Benson Road. The property is more specifically described as property valuation administrator map number 026 014.05. Um, and I would like to add that this uh is being recommended because of the positive findings of the staff and to include the uh conditions that have also been developed by the staff and those that are part of this board tonight. Um, those conditions, most of them have already been read to the record, but I think I should read the newer ones that come in addition to the record. And they are a buffer, a 30foot landscape buffer along the access easement shall be provided where the easement abuts land under different ownership and along the eastern property line adjacent to the barn and um

parking

parking area. Thank you. Such buffers shall contain a row of evergreen trees planted at um 25 ft on center. Uh next uh recommendation is a dedicated drive shall be established from the access easement to the barn so that the shared portion of the access easement is not utilized for the venue and a gate shall be installed. Third, parking, lighting and exterior lighting on the barn shall be shielded. Uh fixtures and directed toward the interior of the property. Finally, all events shall be adequately supervised by staff to ensure that all the conditions we've shared are met.

Mr. Also recommend that we add with this that there be no more than two events, wedding events per month. I think that's what the with the total 14 not to exceed 14. Not okay. Final recommendation that there be no more than 14 events uh per year uh and not to exceed two two per month. Okay. All right. We have a motion with conditions. Do we have a second? I'll second that.

A motion and a second. Would you please call the RO? Mr. Miss Skidmore, yes. Mr. King, yes. Mr. Holder, yes. Mr. Buchanan, yes. Mr. Richardson, yes. Miss Townsley, yes. Motion carries. All right, we have your approval with conditions. Good luck to everyone and hope everything works out for you. Um, if if we're going to have you all are welcome to come or go, but we'll wait until you all are out of the room so we'll continue our uh meeting. If you're going to talk, that's great. If you would go out the hall for us and that way we still can continue with our meeting. That would work.

If y'all could make your way out into the hallway. We're still doing our meeting right now. Ed suggested we take a fivem minute recess. Okay. Yes. We're gonna we're going to take a five minute recess. That way you all have time to clear and we'll uh be back in five minutes officially. Thank you. It's going to be a long one cuz there's one in here. Oh yeah, I know. You got that one. I told my wife impressive. It is impressive. I think nobody gets Oh yeah, it was Thank you.

I see. But it's okay.

We're going to call the meeting back to order. Thank you all for your patience. Uh we, if you will recall, we switched the agenda just a little bit. We're going to hear number five next. So if you'll call that item on the agenda

in accordance with sections 155.048,55.085 0855.089 and55.105 of the Franklin County Code of Ordinances. Brian Hicks on behalf of the Hills Properties LLC is requesting approval of a conditional use permit to allow the operation of a short-term rental at 10:15 Devain Lane. The property is more specifically described as PVA map number 051305004.00 and it's a RB zone district. Uh good evening, Mr. Chair and members of the board.

Uh the subject property is located on Deain Lane, a county maintain road, uh County Route 1103J, which is off Old O Lawrenburg Road andor US127. The lot is approximately 0.27 acres in size and contains a 2,654 uh square foot single family dwelling with three bedrooms. The home is located in Bentwood's uh subdivision. Adjoining uh zoning is single family residential suburban density RB district and single family residences. According to GIS data and FEMA MSC, the subject property is not located within the special flood hazard area. While a three-bedroom drilling would be allowed to have up to 10 guests in a short-term rental, the applicant has indicated that they plan to rent the the unit no more than eight guests at a time. So, uh the subject property is large enough to accommodate four vehicles in total. The applicant has agreed uh to only four vehicles at one time on the premise. There are no other short-term rentals within the neighborhood or the general vicinity. Uh staff does recommend that no on street parking be permitted uh for the uh proposed short-term rental, especially since this neighborhood has had previous complaints about on street parking issues, reducing visibility and halting trash pickup and school buses. So staff does have uh all positive findings with three additional findings. uh one in addition to the findings uh staff also finds that the proposed conditional use will not alter the

essential character or uh of the general vicinity nor cause a hazard or nuisance to the public if the conditions are met. The proposed three-bedroom dwelling will be large enough to accommodate the requested number of users of eight and adequate parking will be available for four vehicles in total. This includes a twocar garage at 483 square feet and a 700 square feet park pad that can accommodate two vehicles. All necessary public services and facilities are or will be available. And number three, the proposed conditional use should not adversely affect the public health, safety, or welfare provided that the recommended conditions are met. Staff is recommending approval of this short-term rental uh at the property located at 10:15 to Vain Lane and uh I'd like to submit with conditions and I'd like to submit my uh report into the record and open for any questions.

Any questions? M I have a question. Is is there no condition that uh Oh, never mind. I see it there. Okay, got it. I'm sorry. No problem.

Any other questions? I think we do. Why don't you sit down? We'll have the applicant come up if they have anything to add. Me again, Brian Hicks, McNamear Jones on behalf of the applicant Hills Properties, also owned by Chad and Shauna Hill. Um, great report, Tina. We agree totally, accept all conditions, and open for questions. Any questions from Mr. Hicks? Don't see any. We'll let you sit down.

If we have anyone in the audience who would like to speak on behalf of this item, we'll let you come up at this time. We don't see anyone. Okay, we'll let you all relax here a second. Um, it we'll go into discussion or have a motion. I would just say that we have all positive findings. We don't have anyone in opposition. We've had this type of uh request before us many times. If someone would like to make a motion for or against I think you're getting I'd be glad to except I'm missing this back page unless Yeah. Okay. Thank you.

Sure. I I move uh for approval of in accordance with sections 1554A, 15585 and 155 089 and 155105 of the Franklin County Code of Ordinances um to approve the conditional use permit for Hills Properties LLC uh to allow operation of short-term rental at 1015 Deain Lane. Property more specifically described as PVA map ID 051305004.00 in zone RB. Um and with with all positive findings uh of the staff report uh with the following conditions that have been agreed upon by the applicant and that's uh number one conditional use is only permitted at 1015 Devain Lane. Number two, conditional use is granted only to Hills Properties LLC to allow the use of the property for a short-term rental. Number three, the conditional use is not not transferable and any change in ownership will make this approval null and void. Number four, short-term rental is registered with the county annually and a business license obtained. Number five, the safety inspection of the premise shall be performed before the issuance of the conditional use permit and commencing of operation. Number six, there shall be no on street parking permitted. Number seven, uh the residents must have working smoke alarms that are not more than 10 years old from data manufacturer. Number eight, the residents must have working carbon

monoxide alarms that are not more than 10 years old from data manufacturer if the residence has gas utilities of any kind. Number nine, the occupancy of the short-term rental shall be limited to no more than eight guests and no more than four vehicles at one time on the premises. Number 10, if operations ceased, then notice shall be provided to county planning and building codes office for their records. Number 11, all conditions of 155089. noted special conditions 27 shortterm rental shall be satisfied. And finally, number 12, if the conditional use permit has not been exercised within one year of the board's action, it shall be null and void.

Thank you. We have a motion. Do we have a second? I'll second. We have a second. You call roll call when you're ready. Miss Skidmore, did you call me? Yes. Yes. Mr. King, yes. Mr. Holder, yes. Mr. Buchanan, yes. Mr. Richardson, yes. Miss Townsley, yes. Motion carries. Do you have your approval? Let you read the next the agenda when we're ready.

In accordance with sections 155.232 and 155.085 085 of the Franklin County Code of Ordinances. Peter Rich Mongu uh requests an appeal to change a non one non-confirming use ice manufacturer and distributor to another horse supplement packaging and distribution at 814 Clifton Drive. The property is more specifically described as PVA map number 048-0 2005005.01 01 and this is a um single family rural residential B district.

Good afternoon. The subject property is located in a rural hamlet of Chotville um which is northwest of the intersection of Devil's Hollow Road and P Ridge Road. This lot is just over 9,000 square feet and contains an 1800 square foot metal-sided structure with a garage bay. Um this structure was initially constructed to house um an ice manufacturing facility um for the purpose of manufacturing, storing, bagging and delivering ice. Um so the applicant is now requesting again it is located in a in a single family residential district. So the commercial use is not typically permitted. um they're requesting to change the non-conforming use to a um horse supplement business where they will package and distribute horse supplements. They will not be doing any manufacturing there at this time. So staff does have positive findings regarding the change in non-conforming use um throughout our report. And we also have three additional findings. one that the proposed use of the property for packaging and distribution of horse supplements will be a similar but less intense use than the previous use as an ice manufacturing and distribution facility. The proposed use will likely result in decreased traffic and noise on the subject property. Number two, the proposed use is unlikely to have a negative impact on the surrounding area as the use will be a slightly less intense wholesale activity as compared to the earlier manufacturing use. And number three, the adequate paving exists on the property to accommodate the two required parking spaces. Um, should the board decide to approve the request in accordance with our recommendation, we also recommend the following conditions. One, that the horse supplement packaging and distribution facility shall operate no more than three days per week. Number two, that the use shall be limited to one employee on the premises. Number three, that a business license shall be obtained through the county's occupational tax office. And number four, that any waste products related to the horse supplements be picked up and disposed of offsite um through a solid waste service and they shall not be discharged into drains leading to the sanitary sewer system. I'm happy to answer any questions.

Any questions? I have a question. What What is this supplement that they're packaging? It is a supplement for horses. I'm sure the applicant can probably provide more details on that than I can. For horses, but is it Do you want me to step aside and have the applicant come up now or I I don't have that? I don't have an answer for for that. I think that they can answer that question. Okay. I'm sorry. I have a curiosity I have to ask. Why is staff recommending that this happen only three days per week?

Because that's the um the operational plan that the applicant submitted. They said that that was their intention was to only operate three days per week. And since the goal of changing a non-conforming use is to always become closer to conforming, which in this case would be a lesser intense use to kind of get it closer to that residential character. Um we we recommended that they stay with that three days per week that they were proposing. So, it's relating to maintaining the residential carriage and limiting the impact of traffic and that sort of thing. Okay. Thank you. Will there be more supply trucks coming in with this than there were with the ice manufacturing?

Based on the information that the applicant submitted, and again, they can perhaps speak to what exact numbers of of um trucks that they will be seeing, it will be comparable or less to what was going with the ice. My understanding is that the ice manufacturer had more much more frequent deliveries of the ice that was manufactured on site and going out than this use will and with larger trucks. Okay. You don't know the size of the particular like one delivery of supplement would be because you don't know what it is yet. I mean we don't know. The applicant can probably touch on that. My understanding is that it's it's likely your sort of typical delivery trucks like a UPS type truck and rather than a large

I just wonder if we're talking about like pills or we're talking about large things they eat and Right. My understanding was that it was more along the lines of a smaller object, but I I don't have information beyond what's what's in the staff report. So that that's a great question for the applicant.

Any other questions? See, we'll let you sit. Let the afternoon come up. I believe we have some questions for you. If you could give us your name and address for the record, please. Yes. Uh good evening. My name is Peter Richi. Uh my address is uh uh 205 Ashby Circle in Versailles, Kentucky. Thank you. Um we have a couple of questions from one of our board members. If you want to go into an explanation of basically what it is, you're packaging and number deliveries and such. Sure. I actually have a video if you want to see our largest package of of what we package. Sure. Sure. And and uh so so we basically uh package you when you speak go over to the microphone. Thank you. It's my first time here.

That's all right. I'm kind of nervous. So uh we we we basically uh package uh grains and and dried nuts uh for horses and also uh uh pets as well uh uh dogs. But it's very small. Uh mostly for health uh benefits. Nothing like hay or or anything large bulky. Uh what are the dimensions of your average pack? Our our largest bag is 25 kilograms, which is about 50 50 pounds and and I have a video of uh uh I don't need to see the video necessarily, but yes. What is in this? What is it? Mostly grains and and dry nuts. Okay.

And dried fruit. Nothing ha nothing that would be hazardous to No ma'am. It's it's exactly completely organic. It's and that's that's uh basically the the moto of the company is uh everything's organic and healthy for for for animals. So, so we we've been operating in Frankfurt for about two years and we want to stay in Frankfurt and we have this opportunity to purchase this this uh this uh small warehouse so that we can continue uh our our our growth in in in Frankfurt as well. Um could you address deliveries? you know, are we talking semi-truckss to get your product there or

so? Most of our deliveries are I think we have uh one one delivery every one or three months which is uh a pallet which is in in in in a in a small semi truck. Uh and most of our deliveries are just UPS based small boxes that uh a normal UPS truck uh goes out and and delivers for us. And whenever we do any local uh deliveries, we do it in our old truck. We have a Ram F, you know, a light vehicle truck.

There were four recommended conditions in the staff report. Have you had the opportunity to read those? And if you have, do you agree to those? To tell you the truth, we were asked uh very um you know about about the conditions.

Let's see. or supplement packaging distribution facility shall operate no more than three days per week. You shall be limited to one employee on the premises. A business license shall be attained through county occupational tax office and any waste products related to the horse supplement shall be picked up and disposed of offsite through a solid waste service sh and shall not be discharged into drains leading to the sanitary system. Yeah, we we don't discharge anything because everything is just basically we receive it in bubble and we just repackage it. That's basically the business that we have. And you're in agreement with all of those?

Uh yeah, we we do have two part-time uh persons working, but one of them works uh at a different location and and just delivers to to the site and the other one is part-time and and and he's he's usually at the warehouse when we need him because uh everything we we package everything. We just he doesn't really need to be there. is pretty efficient operation. We have uh basically a mixing machine and a and a uh ceiling machine. That's and they're both electric and small small motors. And it does say one on the premises. It doesn't specify correct how many employees. Yes. Sounds like you. All right. Sounds like you're in agreement with those. Okay. Any further questions of our applicant?

Okay. We'll let you sit down at this time. If there's anyone in the audience who would like to speak on behalf of this for or against don't see anyone. All right. Seems pretty straightforward. Good use of the property, less non-conforming. That's what we want to go for. Um, someone would like to make a motion. I'll do it. All right. I'll let you

in accordance with sections 155.232 232 and 15.085 of the Franklin County Code of Ordinances. We recommend approval of Mr. Rich Magui's request for to appeal um a change to from one non-conforming use ice manufacturer and distribution to another where supplement packaging and distribution at 814 Clifton Drive. The property is more specifically described as property valuation administrator map ID. Uh 048 20005005.01 single family residential suburban density district RV um based on staff recommendations for approval and with the following conditions. The horse supplement packaging and distribution facility shall operate no more than three days per week. The use shall be limited to one employee on the premises at a time. A business license shall be obtained through the county occupational tax office. Any waste products related to the horse supplements shall be picked up and disposed of offsite through a solid waste service and shall not be discharged into the drains leading to the sanitary service system.

All right, we have a motion. Do we have a second? Second. Have a second for Mr. King. You call the role, please. Miss Skidmore, yes. Mr. King, yes. Mr. Holder, yes. Mr. Buchanan, yes. Mr. Richardson, yes. Miss Townsley, yes. Motion carries. We have your approval. Good luck.

Thank you. In accordance with sections 155.050 and 155.048 048 of the Franklin County Code of Ordinances. Mark and Amy Keel. Uh request one, an administrative appeal contesting the planning department's interpretation that they cannot request a conditional use permit for a short-term rental proposed to be located in in an unpermanented accessory dwelling unit. and two, the should the board rule in the applicant's favor, the they request a conditional use permit to operate a short-term rental on the property located at 1564 O Lawrenceburg Road. The property is more specifically described as PVA map number 064002.02.

Good afternoon. This staff report addresses item number one that was just read through and then if if you do act in the applicant's favor, we have a supplemental staff report that we can present or or potentially table to next month. So the f the first item is the administrative appeal contesting the planning department's interpretation. So how we got here, um the applicant submitted an application for a conditional use for a short-term rental back in um September for their property at 1564 Old Lawrenceburg Road. As we started to review that application, we discovered that that while there was a house on the property, that was not what they were asking for the short-term rental for. They were asking to utilize um a 900 foot apartment unit within a pole barn as the short-term rental. Um in the RR zone, that's our single family rural residential zone, you can only have one dwelling unit per lot. We do not currently allow for accessory dwelling units. So, the applicant is seeking administrative relief through this administrative appeal to contest our interpretation. The subject property is located on Old Lawrenburg Road um southwest of the intersection of Old Lawrenburg Road in Nineveh. It's a 10acre lot containing a two-story single family dwelling and then that pole barn with the apartment unit. Um because the property is just over 10 acres, it qualifies for a farmstead exemption to the building code. So that allows for construction without your typical building permit review and building inspections. Um however, zoning regulations still apply. So, whenever um an applicant is seeking that farmstead exemption, they fill out a form with our office um that includes a site plan and and and asks them to say what they're building um and to show us their setbacks basically so that we can verify that it's in the right spot to meet the zoning code. Um so, that farmstead application was approved for a pole barn. So, we were unaware that there was going to be an apartment unit in in the building. So based on that, um, again, one dwelling unit is permitted on the lot, and an accessory dwelling unit, had we known about it,

would not have been permitted. So when the applicant came to us requesting a short-term rental, we told them that we could not process that because it was an illegal unit, an unpermitted unit. Um, we did provide them with several options for moving forward, including, you know, this path that they have taken to come to you all and seek relief. Um, another option is to seek a reasonzoning to an agricultural district. Um, this doesn't really solve their problem though because while in an a district, um, you can have more than one dwelling unit, but you can only have more than one dwelling if it is for a family member or for someone who is engaged in farm work on your your active farm. Um, so they would not be able to utilize it as a short-term rental in that case. Um, the comprehensive plan also um recognizes this particular property as rural residential on the future land use map. So that zone change in and of itself might be um challenging to get through. The second option that we provided for them um was that the RR zone has a minimum lot size of an acre and a half. So again, they have 10 acres. So they do have the potential to subdivide the property into two lots. Um they do have enough room to meet the frontage requirements and setbacks and things like that um in order to have two separate lots each with its own dwelling unit. Um the applicant has indicated that this option is is not good for them because the 10 out the 10acre lot in addition to that farmstead exemption also comes with tax benefits. Um so staff can't take tax benefits into account when we're interpreting our zoning ordinance or making any kind of decision. Um but but we respect that that's where the applicant's coming from. So we feel that the zoning requirements for the R zone are clear that they only allow for one single family dwelling per lot. Um, we highlight the pro I'm sorry, the purpose statement for the AR district which reads that the district is intended to establish and preserve a quiet single family neighborhood free from other uses except those which are convenient to and compatible with the residences of such neighborhood. The district is intended to be of very low density and will be

customarily located in areas where public sewer facilities are not available or planned. Um, we also highlight the definition of short-term rental, um, which states that a short-term rental is a residential dwelling unit that is not owner occupied and is rented, leased, or otherwise assigned for a teny of less than 30 consecutive days um, duration for transient guests. So again, since you have to have a dwelling unit in order to have a short-term rental, our interpretation has historically been that you cannot have that additional dwelling unit. Therefore, you cannot have that short-term rental. Um, we also note in our staff report that staff is generally in favor of policy changes that would allow for accessory dwelling units throughout our county. Um, however, those policy changes have to go through the process. Um, we are working with a consultant now to update our zoning code. Um, and we are looking at accessory dwelling units. However, um, allowing one now would be a circumvention of that legislative process. Um, so today the decision that's before you is to determine whether or not staff has acted in error in our interpretation. Um, should the board rule in favor of the applicant, um, they would be able to move forward with the second part of the application to apply for the conditional use permit for the short-term rental. Um, should the board rule in favor of the planning department and our interpretation, um, the applicant could pursue one of those other options that we outlined. Um if they don't want to do that, they could remove the um components of that 900 foot space that make it a dwelling unit. Um you know, if you remove the kitchen and the bathroom facilities, you don't really have something that functions as a dwelling unit anymore, and you don't have that that issue with the illegal and permitted unit. They still wouldn't be able to use it as a short-term rental. Um but that would solve their zoning issue. So since this is a an appeal of our interpretation, we're not making a recommendation to you all. um that doesn't seem fair. So, we have provided suggested motions and findings um for

both directions. Um and I'm happy to answer any questions. Uh I think your staff report goes into everything really well. Uh I'm especially uh you know interested in on page number three talking about the precedent this was set because if yes if this is allowed then we're getting into this could kind of go any place and why have planning and zoning etc. Y

I think that's something that board should keep in mind, but I think you've done a really good job of laying out and giving them options, too. I that's more of an opinion, I guess. Just don't have any questions beyond that. All right. Does anyone have a questions? Okay. We don't have any questions. We'll let you sit down. We'll let the applicant come up if you would please. Uh, give us your name and address, please, for the record, and we'll let you state your case. Perfect. I'm glad everybody left because I had to borrow my wife's pink glasses. Look good on me.

Yeah, they don't look real good on me, but it's the only way I could read. So, my name is Mark Kadel, and this is my wife, Amy Kel, and we're the owners of the property at 1564 Old Lawrenburg Road. We appreciate the opportunity to uh ask about the conditional use permit. Um she did do a great job uh in her words there, but I have a few things that I'd like to bring up as well. Um so we are the owners of the property and we we uh appreciate the opportunity for this permit. Um it is an existing dwelling on our property. We fully understand and respect the purpose and intent of the rural residential zoning district that was established way back in 1983. So it's very outdated as you can see. Specifically to preserve the quiet, low density and rural character of the community. This does not our request does not increase density and it does not change the character of our area. It simply allows a responsible use of an already existing barn and dwelling and keeps us from subdividing our 10.2 two acres and losing our farm exemption. As for the management of the and protections of the property, um we've put in some stipulations that we will not allow parties or events, no pets, no smoking, very strict noise, parking and occupancy standards, strict guest screening, uh be closely monitored as we are on-site owners as opposed to out of town owners like many other short-term rentals that are in Frankfurt. I also have support letters uh from both of the neighbors that could possibly be affected. However, we feel they would never know a guest is there the way the the land and the barn and the structure is. Um for board consideration, we understand this type of permit may be uncommon in a rural residential zone. However, we respect and ask the board to

consider this request based on its individual merits, the existing infrastructure, and our commitment to a responsible management. We are willing to comply with reasonable conditions as well. Now, before I go into the next area, uh we we found an error in their process and uh please keep in mind, you know, we're just looking for your help for approval uh just so we don't have to subdivide. But you know the the one question uh before you is whether the planning department acted in any error. We respectively submit that based on the record and the department's own process an error did occur not in any intent but in administration and interpretation is applied to our application in early September which she stated. We did submit and complete a completed application seeking a conditional use permit for a short-term rental. The application clearly identified the structure and the nature of the proposed use for approximately two months. No objection, no deficiency notice or interpretation issue was communicated to us until November 4th when she submitted an email. It could have possibly been November 3rd when we spoke. Uh I believe it was still November the 4th. Uh during this time the application was accepted, fees were paid. The application was under active review. No indication was given that the request was not attainable. Uh multiple conversations with multiple staff members were had concerning the form provided for the short-term rental with a checklist of the firearms, the fire extinguishers, etc. Uh this shows you that the planning zoning knew it was new construction and they were instructing me of what needs to be done for actual approval. It was only after this extended period of silence that we were informed after the fact that the staff believed this request could not even be considered. Uh in that two months, we decided to

upgrade many things. Spent tons of money. That's why I'm asking for for your help. Um and we're in a huge bind financially because of this um reliance on the administration process. As a property owner, we must be able to reasonably rep rely on the county's review process. When an application is accepted and allowed to proceed for months without objection, it creates a reasonable expectation that request is is eligible for consideration even if approval is not guaranteed. Had staff informed us that the outset of the request was interpreted as legally impossible, we would have immediately addressed the issue and pursued an alternative path. Again, if two months went by, the zoting ordinance states that only one dwelling unit is permitted per lot in the rural residential district. It does not explicitly state that the board is barred from considering a conditional use request involving existing secondary uh structure under unique circumstances. Nor does it prohibit temporary owner managed use where no increase in density occurs. The department's interpretation goes beyond enforcement and into preemptive denial of board consideration, which we respectfully submit exceeds administrative role. The appeal is not about avoiding compliance or creating a loophole. It is about ensuring fair notice, consistent application process, the opportunity to be heard on all the merits. The remedy we seek is to allow the conditional use request to be evaluated with minor conditions of approval. In closing, uh, on a more personal note, I'd like to provide some brief personal context to this request. The second dwelling on our property was originally constructed as an in-law suite with a long-term intention of accommodating our parents when the need arises. Fortunately, that needs that need is

still sever several years away. During this interim period, as Amy retires from her Franklin County Public School position as a reading writing specialist, we are seeking respons to responsibly utilize the dwelling as a true bed and breakfast style short-term rental. We as the property owners would remain on site for all rental use. Although it is a separate structure, the dwelling is very much an extension of our home. It shares utilities with the primary residence and the yard and outdoor space are common areas. While subdivision of the property is technically an option, we believe it would create unnecessary expense and hardship without advancing a meaningful a meaningful zoning or public interest purpose. We have made substantial investment in construction and allow it and allowing it to operate as a short-term rental would help offset a portion of that cost while ensuring the property remains wellmaintained and fully utilized. I'd like to thank you for your time and your service to the county and happy to answer any questions you have.

I'm I have a quick question. I'm a little confused about the construction because the picture in in the report looks like you your main residence. Were these constructed at the same time or would was your residence already there? So the residence was there in 2019. We built right before co and then the barn last year we built the barn uh as a pole barn originally and that was our thought was just to keep it as a pole barn. Um it was a 30 by 50 barn and we decided to build out the interior of a portion of it.

And so in the staff report I think it goes into because you've got the homestead exemption you're kind of exempt from certain amount of inspections and such. Correct. And so you're you're saying that they should have been aware that they No, they were aware. They were aware that you were building a livable space in there with when we initially applied for the barn to build a pole barn. They were not aware. uh we started building on that and then I submitted in September after starting to build because our thought was we were farm exempt and I didn't need to you know have approval for that.

What did you submit an updated plan or something? Uh submitted the request for the Airbnb. Okay. The conditional use permit request. All right. And at that point uh they knew that it was in the barn in the structure. And what I'm saying is two months went by without any indication. So the problem

we assume or didn't assume but uh that if you're not telling us that it's not allowable um after two months period for where I'm spending you know multiple dollars to get this complete. Um, I know the other option is to break off the land. We got 10.2 acres, like I said, and that's just an issue we don't really want to have to go through.

Mr. Chairman, I would address one thing. A delay two months is there is no case law that supports that as being the basis for taking action. Could have been a backlog, it could have been oversight, could have been whatever. That's not basis for you to make a determination you have to do it on the other aspects he's saying any other questions of the applicant we'll let you all sit down if we have anybody else in the audience who wants to talk about this we'll let you sit down we'll have discussion

oh I'm sorry

hi I'm Amy Amy Kadel 1564 Lawrenceburg Um, do you have pictures of the dwelling? Okay. So, as you can see, this is just steps from our home. Um, and to subdivide that would be I don't know what value that would bring um to the zoning and planning board other than to say that it it it minds the crosses the tees and and dots the eyes. Um, but I am retiring soon and what I want to do is have a true bed and breakfast for the people who come to visit Franklin County. Um, you know, bed and breakfast look different. And today, you know, you can't really trust people to come in your home because you might wake up and not be there anymore. So, to have it somewhere else for them to sleep and then to have breakfast ready for them is is what my what I would like to do. in my retirement. Um, and I hope that you guys see that this is just an extension of our home. You know, it's it's connected. We already had it connected with electricity and and sewage and and water. And even though we are exempt, we have had approval with electricity and with septic. We've we've had those approvals. So, um, I just wanted to let you know that. Can I ask a question? Um, you submitted the application

and then you began the upgrade to the auxiliary dwelling unit. Yes. Before you had any approval? I mean, I I understand that you didn't hear back from them one way or the other. But did they lead you to believe that you were going to be approved? I'm just wondering about you're going on and spending the money before you've gotten I'll let him answer that because I was probably teaching that. Okay. Sorry. Could you repeat the question again? The question is you submitted an application and you I know you said you waited a couple of months but during the time that you were waiting it sounds like you went on ahead and started upgrading the property but you hadn't gotten approval yet.

So it's reasonable to assume that if they did not deny it the day you submit the application that it's most likely going to be approved. Well, except they hadn't had time to review it. I would I'd be interested to know if they had a backlog or but you my point is just you went on and and did the upgrades before you got any approval. Right. I was still trying to complete it. Yes. Okay. Correct. Thank you. Yes. Um we can enter into discussion or somebody could make a motion or what have you.

I don't know of any exceptions for detrimental a claim of detrimental reliance. I don't know that starting a project without a permit you can rely upon. Exactly. Exactly. So I don't think I don't think any of that's relevant that they spent money. I mean that's just on them.

What were you going to say something? I was just going to say that um the staff bringing up the point about the interpretation that interpretation would effectively create a loophole. I don't want to be in the business of creating loopholes, but she also says city and county staff are working with the consultant to develop more modern standards and the staff hopes the updated codes will be adopted by the summer of 2026. Well, it's almost 2026, so that's It sounds like you guys are are in a pickle financially, but it doesn't sound like it's gonna you're gonna have to wait too much longer for the codes to possibly change.

I'd be curious to know more about that now. um just if that's going to be an option for us early summer if that's going to happen so we don't have to go ahead and divide our property if that's your

I think what the probably the process here is we'll we'll make a ruling and then based on that ruling for or against then you can talk with staff about what your options are but I think what Miss Townsley's saying is we rule against you looks like you've got an option that you're wanting It may be a little more time, but you're not like going to have to tear it down and be without that, you know, what you're trying to do, the money, etc. So, I think we have to make a determination first. And I think there are some options because I don't think anybody wants to hurt anybody financially. We have to follow what we've got as far as regulations, etc., etc. So, uh, I think probably the thing to do is let us make a make our ruling and then from there you can speak with staff about what to go forward, etc. Um,

all right. Uh well, just for a brief discussion, I I think everything's been covered really well in the staff report and we've had some good testimony from the applicants, but um I feel like it's pretty cut and dried as far as, you know, an unintended consequence of of moving ahead and not really having the approval. And because of the this kind of a precedent that this can set at this time with our zoning regulations, I think at least for me, I'm going to vote to uphold what the staff has done. Um I I think for board's purposes I think it's important that we put in the record that uh upon consideration of legal counsel's uh what they have shared with us tonight on this case also.

Okay. Well, would someone like to make a motion? Well, I can I don't go ahead for it. Turn off her alarm. Great. It's all right. All right.

Um, in response to the, uh, request for an administrative appeal of Mark and Amy Keel, 1564 Larson Road, Frank, Kentucky. Uh, I move that Mark and Amy Keel's request for the administrative appeal contesting the planning department's interpretation that they cannot request a conditional use permit for a short-term rental proposed to be located in an unpermitted accessory dwelling unit on the basis that the planning department did not act in error and the department's interpretation that the appellant cannot request a conditional use permit for a short-term riddle proposed to be located in an unpermitted accessory dwelling is correct based upon the uh tea testimony we've heard from both the staff and from the applicant. So I've got a motion. Do we have a second?

I'll second that. A motion and a second. If you call the role, please. Miss Gidmore? Yes. Mr. Holder? Yes. Mr. King? Yes. Mr. Buchanan? Yes. Mr. Richardson? Yes. Miss Townsley? Yes. All right. I'm sorry we had to rule in in not in favor of you all, but I think there's an opportunity for things to work out hopefully sooner than later with uh the update to the uh regulations that hopefully will be done pretty quick because Yeah. Anyway, thank you all for your patience and uh wish you good luck. Appreciate it. Thank you. And I think with that, do we have we have one more two more?

Two more. Well, okay. You would call the next item on this in accordance with sections 155.048,55.085,155.089, and55.105 of the Franklin County Code of Ordinances. Nathan Daly is requesting approval of a conditional use permit to the allow the operation of a short-term rental at 259 Big Eddie Road. The property is more specifically described as PVA map number 07610 01 003.00 in a rural residential zone district.

Yes, the subject property is located on Big Eddie Beach Road uh private road uh 1101. The lot is approximately 0.65 acres in size and contains a 1368 ft single family dwelling with two bedrooms. adjoining property zoning is a single family rural residential district and single family residences. Okay. So according to our GIS data and the FEMA MSC uh the subject property is located in a special flood hazard area uh zone AE. Uh, the AE zone is defined as the high-risk special flood hazard area inundated by the 1% annual chance flood, also known as the 100-year flood. Uh, the structure was flooded during the April 2025 flood disaster. However, on October 28th, 2025, a stream construction permit was granted for flood repairs. Uh the subject property is large enough to accommodate the proposed use and parking is available on the property with a 1,768 square ft parking pad which will accommodate eight vehicles in total. Because Big Eddie Beach Road is a narrow private road, staff recommends that on street parking be prohibited for the short-term rental use. There are two existing short-term rental facilities within walking distance from the subject parcel at 0.1 and 0.4 miles respectively. Staff does have concerns that a concentration of short-term rentals may be forming in this neighborhood. However, given that the area is heavily impacted by the uh special flood hazard

area, use of the properties for a more transient use may be appropriate as it allows for the uh continued use of these dwellings while reducing the number of permanent residents who could be impacted or displaced by the flooding. Additionally, staff acknowledges that close proximity to the river may be desirable for short-term rental guests engaging in outdoor uh recreation activities. Uh because guests may not be familiar with the local hazards uh related to the flooding. Uh staff does recommend that additional conditions related to flood hazards be adopted. Uh staff does have all positive findings and with two additional findings in addition to the findings contained in the staff report. Uh 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 two-bedroom dwelling is large enough to accommodate the allowable number of users of eight and adequate parking is available. All necessary public services and facilities are or will be available. Number two, the proposed conditional use should not adversely affect the public health, safety, or welfare, provided that the applicant properly notifies guests of the property's location with the special flood hazard area and post an emergency evacuation plan and route in case of flood. Um, as specified in the staff's recommendations, uh, recommended conditions. I mean, uh, staff does recommend approval of the applicant's request for a conditional use permit to allow short-term rental at the property located at 259 Big Eddie

Road with conditions. And I have I'm open to any questions that you may have at this time. Where's the applicant? Are you the applicant? I did talk with him earlier today. He could not make it. He said that he would send his business partner. I told him, I mean, it's not mandatory that they be here, but it's highly recommended that they come and it's up to the applicant to to come in case you all have questions. So, I did let him know this today. So, do you know if the applicant is in agreement with the conditions on the report? Okay. He should be here to tell us that he's in agreement with the conditions.

Yeah, I agree. Yeah, I can't force people to come unfortunately. But you shared the conditions. I I did share. Yes. I will say that I know Nathan Dailyaly and I've worked with him many times and he's a realtor and I think he understands how things are supposed to work. I don't because if he doesn't I'm since speaking in favor I think he's gonna I'm not him but and I we're just acquaintances but I think he understands he has to abide by this. Well, I I don't know that we want to I don't think I wouldn't be in favor of pushing it off the agenda just because they couldn't make it. But I'm just one vote. So, speaking of my piece,

counselor. Yes, ma'am. No, the applicant does not have to be That's that was my question. I do agree that it sure would be nice to if we have any questions to address him, but Mr. obviously relied on somebody else who didn't make it and I'm sympathetic about that, too. I will say this, uh, if you're uncomfortable enough that you think we should table this item, I'm not opposed to that. If there's a motion and it's approved,

I would table it. I'd like to know why there's such a proliferation of these right there. Probably because it's a flood area. a lot of these flood flooded homes, um I shouldn't say a lot, but I've I'm finding that more and more are selling their flooded homes because they're selling for very cheap. Yeah. Yeah. But there's no And it's a great area. And it's a great area. Yes. Right by the river. And I understand that you found that it won't change the character, but when you have three Airbnbs right in a row or short-term rentals, seems to me that's going to change the character. I think that's already occurred.

Yeah. I mean, to me personally, I think it's already been said short-term rentals better than this thing being demolished just because somebody, you know, took a fe. I totally agree. And can I just make a quick point too that this disaster really changed the character of of Big Eddie and Travis Circle because a lot of these I shouldn't say a lot, but there are some homes through there that are in going to be in that buyout process. So the character to me is changing more so than what it was before the flood. Yeah. Yeah. Yeah. Because a lot of people chose not to come back.

Yeah. And I'm going to add to that, I have an acquaintance who they own property there because of the flooding. They have moved, but they well, they actually have two properties. So, they're turning one of their properties into a short-term rental. They're not going to, you know, live down there anymore because they don't want to deal with it again. But, it seems like that's it. It's more of a transient, like you said, a transient area neighborhood because over the years, so many people that have lived there have gotten flooded out. I think you're correct. that the neighborhood has changed.

It's going to keep changing, too, because there's going to be some probably some demolitions through that buyout process, and that will never be built again there. So, that's an in perpetuity thing. So, the neighborhood is changing. Yeah. Because we approved one in February that that was a complete loss that probably won't be built back that it will be demolished. Yeah. Okay. Uh, any other questions?

I would respond to Iris's comment about his it would be great if he were here to say to agree that he agrees to all these conditions. On the other hand, if we well, of course, if we table it, are we saying that you have to be here? Are we sort of overriding the procedure? The discussion came up last time even though that somebody needs to have some power of attorney to to come accept these for someone. I vote I'm voting no, but I mean I'm just one vote. I think he should be here to accept the conditions. Okay. He should be here and make himself available to questions. I I mean I agree, but if we put conditions on, he's bound by whether he's here or not. That's true. All right.

And staff is telling us that they have shared the conditions and we've done our due part. Staff is saying that they agreed to the conditions. Yeah. And I'd like to point out we have in the past approved applicants or applications when the applicant was not present. Yeah. Yeah. Um I think what here's my take on this. If someone wants to make a motion to table, do that. See if we get it passed. If not, we can vote up or down. Sound fair? Sounds like sounds.

So I guess if you would like to make a motion to table and I understand where you're coming from. I'm not going to make a motion to table it, but I would I will not vote for it unless I hear from the applicant. That's fine. So that will be my vote, but you all can vote for it if you want to. All right. And you make a good point. One thing, too, we may if if as a board we want the staff to tell people they need to be here. Can we make that require? We can make a requirement that everyone has to appear or we remove them from the agend. I think that would be appropriate. Oh yeah. Typically when we send out our staff reports we do say you or someone representing you should attend the meeting. We can strengthen that language to say someone must attend that meeting. That would be

I think it's you know if you keep sometimes there's no problem at all and they can do it but if we're going to say we're going to be wishywashy about I think we either say you be here or we have to while you're done which is well if you all don't mind on behalf of the board looks like we have everybody's in agreement if you could make that a requirement moving forward that way if there's questions or what have you we can have an applicant answer I think that's reasonable we said the board will not hear unless you or an authorized representative with other words I just don't want somebody walk in go well I'm a real I do this

and we've had that a But we did develop form after our conversation last time. I think that you know that's okay. Uh well that being said, you don't want to make a motion to table or anything? No. Okay.

Uh well, why don't we I think we're done with discussion unless we have anyone else want to speak on it. Not hearing any. Uh would someone like to make a motion? Sure. I I'll go ahead and do that. I move that we approve the uh the applicant's request. Uh it's uh in accordance with sections 15548. 1558589 and 155105 of the Franklin County Code of Ordinances 259 Big Eddie Road LLC to move for approval of conditional use permit to allow operation of a short-term rental at the same address 259 Big Eddie Road. um property more specifically described as PVA map ID number 07610001 003.00 00 zone RR and with all positive findings in the staff report and uh let's see I don't believe she read the conditions uh so I probably better read those. That's number one uh conditional use only permitted at 259 Big Eddie Road. Number two, conditional use is granted only to 259 Big Eddie Road LLC to allow use of the property for short-term rental. Uh 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. A safety inspection of the premise shall be performed before the issuance of the uh conditional use permit and commencing of operations. Number six, there shall be no on street parking permit. Number seven, the residents must must have working smoke alarms that are not more than 10 years old from data manufacturer. Number eight, the

residents must have working carbon monoxide alarms that are no more than 10 years old from data manufacturer. If the residence has gas utilities of any kind of the short-term rental shall be limited to to no more than eight. If operation cease, then notice shall be provided to county planning and building codes office for their record. The applicant shall post the following statement on the premises as well as disclose and all advertisements rental listings. Quote, "This property is located within the special flood hazard area which has a 1% annual chance of being inundated by flood waters." End of quote. The applicant shall provide and postmer an emergency evacuation plan and route in case of flood. All conditions of 155089 noted special conditions 27 short-term rentals shall be satisfied. And finally, if a conditional use permit has not been exercised within one year, the board's action, it shall be null and void. We need a motion.

We have a motion. Do we have a second? Second. Second. Let's call a roll. Miss Skidmore? No. Mr. King? Yes. Mr. Holder? Yes. Mr. Buchanan, yes. Mr. Richardson, yes. And Miss Townsley, yes. Motion carries. Things are good discussion.

Let you go ahead and call the next item, the last item. In accordance with sections 155.048,55.105, 105 and 155.11 and as well as 155.136 of the Franklin County Code of Ordinances. Kalin Vaughn is requesting approval of a conditional use permit to allow the operation of a major home occupation homebased bakery at 112 Hogan Drive. The property is more specifically described as PVA map number 095 000033.03 please.

Yes. So in our uh zoning ordinance, any home occupation where customers are coming to the home is treated as a major home occupation and requires an approval of a conditional use permit. Uh home bakers who bake products in their home, deliver or sell offsite are not required to obtain a conditional use permit. So the applicant is here tonight because she she does want customers to come to her home for the goods and to pick them up. Uh so um yes, so she she's uh wanting to set up a front porch farm stand to sell her baked goods. Uh she states that the stand is 74 in tall and 38 in wide and will be rolled into her garage when not in use. Uh she plans to operate only on Saturdays and Sundays between the hours of 9:00 a.m. until dusk. Uh the property is located on Hogan Drive, a county maintained road 1169. Uh access to Hogan Drive is via Leasetown Road. Uh there shall be no on street parking. The driveway is 30 feet in length and the park pad is 576 square feet which could potentially accommodate three to four vehicles at one time. In addition, there is an attached twocar garage at 418 square ft. Staff expects a business type to be uh an in and out quick uh turnaround and expects no issues. Uh the neighborhood is dense and walkable with the potential of serving the neighbors. Uh staff did find all positive findings. Um also the applicant has stated that the home occupation will be conducted in

her kitchen which is 84 square ft. Uh the applicant has stated that the home occupation uh is a proposed farm stand uh which would be located on her front porch. uh parking facilities uh required are provided and customers will be able to utilize the existing driveway and or street parking. Additionally, it is expected that some customers will be residents of the neighborhood and which would visit on foot. So there are two additional findings uh in addition to the findings in the staff report. Uh staff also does find that the proposed conditional use will not adversely affect the public health, safety or welfare. Uh will not alter the essential character of the general vicinity nor cause a hazard or nuisance to the public. The proposed use will have a minimal impact on traffic and the residential character of the property will not be modified to uh modified to allow for the use until all necessary public services and facilities are available and adequate for the proposed use provided that all conditions have been met. A staff does recommend approval uh of the conditional use um request to allow that says gunsmithing. I want to scratch that out. I'm sorry. Oops. A major home occupation uh of the property at 112 Hogan Drive with the following conditions. And I will say Barry today. Number one, that a business license is required from the county. Number two, the conditional use is only permitted at 112 Hogan Drive. Number three, the conditional use is granted only to Kalin Bond to allow the use of the property

for a homebased bakery with customers coming to the property. Number four, the conditional use is not transferable and any change in ownership or use will make this approval null and void. That the business will operate in compliance with all regulations that may apply from any other regulatory agency that may apply. the business shall have no non-resident employees. Number seven, that the home occupation shall operate in compliance with all requirements listed above in subsection 155.111 home occupations contained within the Franklin County zoning ordinance. Otherwise, this permit shall be null and void. Number eight, according to the Franklin County Fire Department, that the applicant shall have a minimum of one six liter class K fire extinguisher rated for grease fires on site and easily accessible. Number nine, according to the Franklin County Fire Department, the residents must have working carbon monoxide alarms that are less than 10 years old if the residence is serviced by any natural gas or propane uh utilities and working smoke alarms that are less than 10 years old. 10. Deliveries associated with the home occupation shall not be made using tractor trailers. No more than two commercial deliveries such as UPS, Federal Express, au uh US Postal Service, Express Mail, and etc. shall be made in any 24-hour period. Number 11, there shall only be two customers allowed on the premise on the premises at one time. Number 12, the sales cart shall not be placed within any rideway or be left outside when not in use. Uh number 13, the applicant shall abide by the Franklin County Sewer Department regulations for a grease trap or

variance. Uh the applicant shall contact uh FSD for details. Number 14, there shall be no on street parking. I'm open for any questions you may have at this time. Thank you. Any questions? I have some. Go for it. You're allowed. I hate to ask all the questions. I don't understand this u the uh porch sales uh concept because it's it sounds to me like that's almost like a per a yard sale on every Saturday and Sunday where you're going to have stuff out

and how do you keep people from parking along the street who want to stop and buy something like they do at every other yard sale in the in the county on Saturdays and Sundays. They park on the street and go up. And so I don't see how you're going to limit it to two persons. I don't see how you're going to keep the cars off the street. And is this the only time there's going to be customers there? Are they going to come when there's not that little cart out there? Will they come in the house to buy the stuff?

So I think that uh I think the last question is definitely an applicant question. Um, as far as I mean, it's it's a hypothetical, you know, in a way. Um, I can't really comment because it's kind of hypothetical like most compliance issues. It would be complaint driven. If neighbors were seeing that there were cars parking in the street and it was creating a problem, they would call our office

and we would give the applicant and and see what we could do. She is, you know, doing her advertising. Perhaps she can say, "You're not allowed to park on the street, park in my driveway." We would work with her in that regard. Um, again, if there are more than two people on on premises, if there were complaints, we would we would do something about that. But you're right, we can't be there 247 to make sure that Yeah,

I can add to that. I'm familiar with that neighborhood. It's like a lot of these neighborhoods, the houses are pretty close together. There's really not much availability on on street parking. And so I think if they can't find a place to park on street, they're going to naturally come into the driveway. Not always, but it's the easiest way to get out of the flow of traffic because they're really tight in there from what I recall. I used to work over there a lot if that helps. We Yeah, it's it's going to be complaint driven like you said. But that's my and when I was working over there, I would have to go into a driveway. I had no place to park.

Yeah. I'm just thinking about approving something that with conditions that aren't really very realistic and causing problems in the neighborhood u that we don't need to do. I mean, you you have every every authority to say you can't have this cart that they have to knock on your door. I mean, that's within your jurisdiction, I guess you could say. Yeah. It seems to me like that's just like a yard sale or a garage sale, but it's all the time and we can hear from the applicant about it.

Yeah. Why don't we let you sit down and let the applicant come up if you would please and answer a few questions if you'd give us your name and address for the record. It's Kaitlin Vaughn, 112 Hogan Drive. We'll let you ask her if Do you mind to answer or ask it again? I'm sorry. Well, I was I was questioning the cart the cart on the front porch. Is that going to be like every weekend?

I plan to do just Saturdays and Sundays. Um but of course like if I have a family emergency and it's not out, I would obviously let my guests know. Um but typically it's just it's a it's an old china cabinet that I turned into I guess a farm stand. Um but it's just right there on my front porch in my driveway area. So customers would come on Saturdays and Sundays if I'm open, but it's there's not a lot of traffic. I know you said that you worked in that area or something. Um I live in the the Duck Ducker's Villis one. Um there's not a house right next to me, so if customers do come up, they're only there for maybe three minutes. Three to five minutes would be tops. Um and I I did it for one weekend because I didn't know how to have all this. And um they I mean customer I have a camera on there that points down at my stand so I can see how long that they're there for. Um they're not there very long. Maybe 3 to 5 minutes tops.

I have a question for you. Are you going to put any signage out on 421 or I haven't done it yet. It was just basically word of mouth on Facebook um and other platforms. Um, I had thought about it, but I don't know if it was necessarily if it was, it wouldn't be any big huge sign. It would be like a like a yard side. I would think just my opinion if you start putting signs out in the rightway. Some people are not happy with that. It can be good for business, but it's not really right. I definitely agree. You want to keep your neighbors happy. My opinion.

Absolutely. Any other questions? Well, one of the conditions is that there shall be no on street parking. Correct. Right. Right. I don't see how that's even reason I don't see how that's possibly reasonable if you've got a like a little farm a little market little farm stand out on your front porch. I have a staff question. Can we just take that off? Absolutely. Okay. I mean, it's not enforceable. I mean, I don't see how it would be. That's why you know, I think it's probably maybe worse having it not having anything. I don't know.

I've was out in the neighborhood while it was being built for Okay. been out there hundred times. People do park on the street. There's only so many spots. There's only so much space. So, does it mine my house is the third one in the neighborhood. And with there not being a house next to me, does that take any like there's nobody there. It's a big open lot. Yeah. And with them only being there for three minutes just to see what I have, get what they want, and go, I don't see it personally being a huge huge thing. I don't think I'm going to have lots of people coming at my house.

It's I have a relative who has problems with people coming and going. It's a daycare situation, which was unpermitted. That's lots of people. I don't I understand your concern, but I don't think it's going to be like a daycare. Yeah. Well, I'm not necessarily in favor of taking off the condition. I mean, I think that they put that on there in good faith for trying to keep this under control. I just don't think it can be important. It's not very realistic, but I guess it's better than not having anything is what I would say maybe. Well, and one thing our applicant can do is put on your information page, please use the driveway tight. Parking is tight, right? For the neighbor's consideration.

Yeah. And that's about all you could do to help try to eliminate that. Seems like I think we leave it on there simply because, as we indicated earlier, if it becomes a problem, neighbors are going to then complain and we're going to have something to enforce. If we take it off, neighbors will complain and we're going to say, "I'm sorry." Okay. They get to do that. We can't win either way. You're right. At least have something there. That's important. Yeah, you're right. Okay. But you can still to preempt that. You could put that on your showing up. Please park in the driveway. Yeah, absolutely.

Any other concerns or questions? Well, and I'd like to point out like uh we've seen from other applications tonight, there were there were quite a few in opposition and for uh that particular item on the agenda, but of course for this uh this lady, there's no one here in opposition or for it. So, I did have a couple people say that they called I I guess you guys I don't know called up there and said that they were fine with it that but I mean if you guys need to reach out to them that's fine too. Well, uh I think at this time we'll go ahead and unless we have any other questions we'll go ahead and do a motion or discussion.

We'll let you sit down. Okay. Thank you. Any more questions? Well, you would like to make a motion or do we want any more discussion or get that she was in agreement here on this? Did she indicate she was in uh Did she agree with Did she agree? I think I Oh, could you mind coming back up for us, please? I think Mr. One point here cover all the bases. Yeah, you're fine. Yeah. Just want to make sure that you are in agreement with there are 14 conditions that were placed on this application. Yeah, the one that she read off.

The only thing I had concern I guess about was the grease trap. Um I'm not carrying too like there's not I'm not a commercial resident and I know that's was one of their requirements. If it was a commercial property, it's considered the cottage food. I think it's covered in there with a variance. If you're not Okay. Or Yeah. Yeah. If there's a variance and you're not required to and it doesn't sound like you're going to be, okay, that the variance will cover you. Oh, perfect. It's a requirement by the Frankfurt Sewer Department. Whenever we receive a conditional use application, we send it out to our technical review partners and the sewer department requested that we include that condition. Okay. Once they talk to you about um the capacity of what you're doing that will determine exactly what you need. Okay. Yeah. Then that's fine. Yeah. So, I was just like I don't want them to see it.

So, we can't really answer that question specifically. Um but I did conversation with them and they said that it would depend on kind of the capacity of what you were doing, right? Okay, that's fine. Yeah, process that works. Y that protects everybody in the neighborhood sewer system as you can understand. Y I think it'll work out for you. I hope so. All right, we'll let you sit. Okay, thank you. Thank you. All right, we've had a lot of good discussion. Would someone like to make a motion? Sure, I can go ahead and do it.

Go ahead. Go for it. Yeah, give me just one moment, please. Get back to the beginning here. Excuse the shuffling. It's a kind of a thick one. All right. I move u in accordance with sections 15548 and 155105 1111 and 155136 of the Franklin County Code of ordinances that we approve Kalin Vaughn's um request for approval of a conditional use permit to allow operation of a major home occupation homebased bakery at 112 Hogan Drive. And this property is more specifically described as PVA administrator map ID number 09500 000033.03 03 zone PR and that's with all positive findings in the staff report and with the uh all of the conditions uh that were read by Miss Peek and agreed upon by the applicant.

We have our motion. Do we have a second? Second. We have a second. You call it real quick. Miss Skidmore. Yes. Mr. Um King, yes. Mr. Holder, yes. Mr. Buchanan, yes. Mr. Richardson, yes. Miss Townsley, carries. All right. You have your approval. Good luck to you. Uh I don't believe we have any other uh items on the agenda, but I would say that several of us were really disappointed when we couldn't go to our planning conference, and we would love for you to reschedle that. Well, now we know we're going to buy baked goods. That's right. And the park in the driveway.

That's right. Um well, need a motion to adjurnn. I'll move to adjourn. Okay, we have a motion and a second. Second. All those in favor say I. Post nay. We are ajourned. Thank you all. Happy holidays everybody.