ON MONDAY, DECEMBER 7, 2015, THE BOARD OF ADJUSTMENT HELD A MEETING IN THE 2 ND FLOOR COURTROOM OF THE WOODFORD COUNTY COURTHOUSE AT 6:00 P.M.

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1 ON MONDAY, DECEMBER 7, 2015, THE BOARD OF ADJUSTMENT HELD A MEETING IN THE 2 ND FLOOR COURTROOM OF THE WOODFORD COUNTY COURTHOUSE AT 6:00 P.M. PLEDGE OF ALLEGIANCE MEMBERS PRESENT: Marjorie Evans, Frank Stark, Al Schooler, David Prewitt, Tim Turney MINUTES: A motion was made by Ms. Evans, as seconded by Mr. Stark, to approve the October 5, 2015 minutes, as submitted. The motion carried with five aye votes. Application # Conditional Use Permit Linda Mosley, owner and Kathy Burgess, buyer Troy Pike A-1 District - Section (H) - Applicants are seeking a Conditional Use Permit for a dog kennel for a business that breeds dogs and also offers research/education opportunities, grooming, and minimal boarding and retail sales primarily servicing the Comfort Retrievers produced at the facility. Chairman Turney called the hearing open and called upon Mrs. Wilson, Planning Director for comments. Mrs. Wilson noted that Conditional Use Permits do not run with the land, so the current property owner is co-applying with the CUP applicant so if approved upon transfer of the property, the current owner will no longer have involvement or responsibility of the CUP; the applicant Kathy Burgess will at that time. This property has been before the Board three other occasions; it is agriculturally zoned and is a 31.5 acre tract and is south of the small community of Troy on the west side of the highway. The three different case that have been reviewed were CUP as well. The first was requesting an animal training and conditioning and operating a pet resort/kennel facility which was approved. The second one was modifying the first request for pet training and boarding kennel. The third time was to expand it to add a couple of buildings to the property. The kennel ceased operation December 2012, so that is when the CUP ceased. Mrs. Wilson provided the Board the legal sections of the zoning ordinance that enabled them to apply for the request which is under sportsman s farms and kennels and provided the definition of a kennel, which the applicant meets with their proposed statement. All public notices were met as required and in addition the applicant held their own open house on the property, inviting adjoining neighbors. The property appears to be of sufficient size to accommodate the proposed use. Mrs. Wilson included a map in the packet of the site plan to the application to show the facility. The request for this CUP appears to meet all of the necessary criteria listed and within the associated Ordinances. Mrs. Wilson also highlighted the some of the conditions that are recommended for the Board and listed the ones that are more specific to the kennel; #4 the CUP shall be personal with Kathy Burgess and become null and void upon sale, rent or lease of the property to any other party; #5 the applicant shall return to the Board prior to any changes of the approved conditions; #6 the applicant will live on the premises; #7 addresses fecal matter being disposed of in a proper fashion, it will either be disposed of in a septic system approved by the Health Department or via a private waste management company; #8 the building shall be kept clean so there is no odor and shall be managed so that any barking or nuisance dogs are removed from outside runs and exercise pens; #9 the kenneling, training and related dog activities and business parking shall not be conducted forward of the line running from the residence, which is now called a managers house, to the boundaries of the property, so everything has to be behind that line. The applicant is proposing to have three full-time employees, two part-time and an occasional contractor that could be bookkeeper or photographer and may hire an additional person for

2 Page 2 maintenance. The proposed business hours are Monday thru Friday 9-6, Saturdays and may have extended hours to accommodate visitors. The CUP shall not allow the applicant to engage in any activity that should be detrimental to the rural character of the area nor will be a nuisance or interfere with the quiet use or enjoyment of the adjoining property owners. The CUP will be reviewed annually for compliance with all conditions or as necessary to ensure compliance with all conditions. The conditions for the permit if the Board approves are as follows: 1. This property is subject to all requirements of the Versailles-Midway-Woodford County Zoning Ordinance. 2. The applicant shall comply with all other federal, state and local regulatory entities and shall provide copies to the Planning Commission office of any and all permits issued on behalf of the Owner as a result of the approval of the CUP. 3. The applicant shall obtain all necessary permits, if any, from the Versailles-Midway- Woodford County Building Inspector and the Woodford County Health Department prior to operation of the kennel. 4. The Conditional Use Permit shall be personal with Kathy Burgess and shall become null and void upon the sale, rent or lease of the property to any other party. 5. The applicant shall return to the Board prior to ANY changes to the approved conditions. 6. The applicant will live on the premises. 7. All fecal matter from the kennel shall be disposed of in one of the following ways: a. Disposed of in the septic system that has been designed or approved by the local health department, or in a manner approved by the health department for use in a kennel situation. b. Disposed of by removing from the property via waste management company such as Rumpke. 8. The buildings shall be kept clean so there is no odor and shall be managed so any barking or nuisance dogs are removed from outside runs/exercise pens. 9. No dog kenneling, dog training, related dog activity or business parking shall be conducted forward of a line running from the residence located on the front of the property, which is now called the manager s house, to the boundaries of the property as per the attached Site Plan. 10. There are 3 full time employees, 2 part time employees and an occasional contractor (photographer, accountant, etc.). An additional person may be hired for maintenance purposes. 11. Visitor hours are M-F 9-6 and Saturday Extended hours will occasionally be offered to accommodate visitors. 12. The conditional use permit shall not allow the applicant to engage in any activity which shall be detrimental to the rural character of the area nor will be a nuisance nor interfere with the quiet use and enjoyment of adjoining property owners. 13. This conditional use permit shall be reviewed annually for compliance with all conditions, and then when necessary by the board, to ensure compliance with these conditions.

3 Page 3 Mr. Hank Graddy was present on behalf of the owner/applicant for discussion. Mr. Graddy discussed the letter which was distributed to the Board in their packet which identifies specific reasons to justify the permit. Mr. Graddy mentioned a neighbor that appears in the minutes of the February 2007, Mr. Featherstone. In 1983, Mr. Featherstone and his wife were clients of Mr. Graddy and were worried about a kennel at this location and the BOA process and parties were willing to talk to each other and hammered out a long list of very specific requirements that everybody agreed too. Because of that discussion and terms, the application was approved without opposition from The Featherstones, and that is where the line across the middle of the property at the manager s house came from. Mr. Featherstone stated to Mr. Graddy that he has been there for fifteen years and the kennel has not caused a problem and has met with the prospective new owners and he is confident that it will not cause a problem. Mr. Graddy noted that the current owners have stopped the operation years ago and Mrs. Mosley lives in Mississippi and the property is for sale and his client Ms. Burgess desires to purchase the property to repurpose to put it back to the use that was approved on two or three other occasions. Mr. Graddy and his client believe that the history or action of the property indicates that a kennel has been successfully integrated into the agricultural district at this location and are asking the Board to approve the request for a CUP. Ms. Kathy Burgess was present and gave an overview of her business. Ms. Burgess noted that she is the founder and creator of the Comfort Retriever which is a smaller bred of the Golden Retriever. There are people that fly in from all over the world to buy the dogs and they are shipped out as well. Ms. Burgess stated that her mission statement is to seek to improve the lives of individuals and families one dog at a time. There are three goals and one is health and longevity and to produce the healthiest breed that exist; next is to produce the perfect family pet and believes that she has a really good temperament and does a lot of health testing and have a good program with strong staff that supports in doing this; lastly to be used as service dogs because she has wants to support people with disabilities and people that need service dogs. Ms. Burgess noted that only 17% of the dogs are sold in Kentucky. Ms. Burgess presented pictures of the Comfort Retrievers. Mr. Graddy stated that Ms. Burgess is currently conducting business in Jessamine County on a five acre tract and has determined that she needs more space and this is a thirty acre tract, even though the front part of it would not be used, and this provides her with additional space. Ms. Burgess noted that she would like to have a facility that supports her operation and feels that this would serve her until she retires or someone takes over the operation. Mr. Graddy addressed one of the conditions regarding the employees. Ms. Burgess employee situation describes her current employees and her intention to hire and Mr. Graddy would like to request to remove that condition or pick larger numbers. Chairman Turney asked what would be an adequate number if they chose to adjust it. Ms. Burgess noted that she would like to hire a trainer to offer support and a maintenance man and the kennels do not have drains and wants everything to be clean and nice so she can t come up with a number; she wants to be able to support the operation smoothly. Mr. Stark asked Mrs. Wilson what the reasoning was for putting the number in the conditions. Mrs. Wilson stated that she took it out of the applicant s information and was not aware that they wanted to expand more than the maintenance position. Ms. Evans asked how many dogs are in the facility at one time. Ms. Burgess stated that she has developed a guardian home and the dogs are sold and live with

4 Page 4 the owner but she retains the breeding rights to them. So they come in to be bred and the owner has the option to have the puppies at their house or leave them with Ms. Burgess so the numbers change all the time. Ms. Burgess estimated that there are approximately twenty adult dogs at one time. Ms. Evans asked about barking. Ms. Burgess noted that the mothers are with their babies and don t tend to be big barkers but she believes the dogs that are exercised and are happy bark less. If there is a dog outside and is barking it is brought inside. Mr. Graddy noted that invitations were mailed out for an open house on November 19 th and no one attended. Mr. Stark asked if the zoning office has received any letters from anyone, Mrs. Wilson responded no. With there being no further questions, Chairman Turney closed the hearing and called for a motion to approve or deny the Conditional Use Permit. A motion was made by Mr. Stark, as seconded by Mr. Schooler, to approve Application # Conditional Use Permit Linda Mosley, owner and Kathy Burgess, buyer Troy Pike A-1 District - Section (H) - Applicants are seeking a Conditional Use Permit for a dog kennel for a business that breeds dogs and also offers research/education opportunities, grooming, and minimal boarding and retail sales primarily servicing the Comfort Retrievers produced at the facility, with the conditions 1-13 as previously stated and with the omission of condition #10. The motion carried with five aye votes. Application # Conditional Use Permit Duncan Lloyd, owner & Dee Dee Lloyd, applicant 241 High St R-3 District - Sections 507, 709.4, and 705.4(H) Are seeking a Conditional Use Permit for a 3 room Bed and Breakfast/Inn Establishment. Chairman Turney called the hearing open and called upon Mr. Isaac Hughes, Building Inspector for comments. Mr. Hughes stated that Mr. & Mrs. Lloyd (Applicants) are requesting a Conditional Use Permit (CUP) to allow the operation of a three room Bed & Breakfast/Inn. The subject property is approximately acres and is currently zoned R-3 (Medium Density Residential). The property is located on the northwest side of High Street, southwest of Wooldridge Lane. There are no previous Board of Adjustment cases involving this portion of this property. The principal use of the property is the Applicant s home as well as an existing horse farm operation. The B&B/Inn will be an accessory use and will be limited to the existing house providing up to 3 guest rooms (suites). Therefore a total of 3 guest accommodations are being requested with this application. No events will be offered or held in conjunction with this CUP request. Mr. Hughes noted that the ordinance states Bed & Breakfast/Inns are allowed in the R-3 zone as a conditional use (Article VII Section via via H which refers to Article V, Section 507).- All are attached to CUP Application. The definition states Bed and Breakfast/Inn Establishment as: An establishment in a dwelling or structure located on land which is occupied and operated by the owner, lessee or owner s agent, that supplies temporary accommodations to overnight guests for a fee. Mr. Hughes noted that the findings state the applicant s property appears to be of sufficient size to accommodate the proposed use. The Site Plan shows that there is adequate space to accommodate offstreet parking. The request for the CUP appears to meet all of the necessary criteria listed above and within the associated Ordinances. The condition for the permit if the board approves are as follows:

5 Page 5 1. This property is subject to all requirements of the Versailles-Midway-Woodford County Zoning Ordinance. 2. The Applicants shall comply with all other federal, state and local regulatory entities and shall provide copies to the Planning Commission office of any and all permits issued on behalf of the Applicant as a result of the approval of the CUP. 3. The Applicants shall obtain all necessary permits from the Versailles-Midway- Woodford County Building Inspector and the Woodford County Health Department prior to operation of the B&B/Inn. 4. The Conditional Use Permit shall become null and void upon the sale or transfer of the property. 5. The Applicants shall return to the Board prior to ANY changes to the approved conditions. 6. The Applicants will operate no more than three (3) rooms located within the main house. 7. B&B/Inn Conditions A-R Section 507 will all be met. Mrs. Dee Dee Lloyd was present to answer questions. Mrs. Lloyd noted that the house was built in 1850 by the owner s great-grandfather, she and her husband reside in one small portion of the house and the rest of the house is really nice and no one uses it so she thought it would be fun to offer a B&B. No events to be held. Mrs. Lloyd would like to include a fourth bedroom in this permit if possible. Mrs. Wilson stated that Mrs. Lloyd would need to come back because this permit has been advertised based on the application submitted. Mr. Buddy Britton addressed the Board and stated that he owns a piece of property down from Mrs. Lloyd s house. Mr. Britton asked if the people who stayed in the house are going to have run of the farm or just around the house, Mrs. Lloyd stated that they will only be at the house. With there being no further questions, Chairman Turney closed the hearing and called for a motion to approve or deny the Conditional Use Permit. A motion was made by Mrs. Evans, as seconded by Mr. Stark, to approve Application # Conditional Use Permit Duncan Lloyd, owner & Dee Dee Lloyd, applicant 241 High St R-3 District - Sections 507, 709.4, and 705.4(H) Are seeking a Conditional Use Permit for a 3 room Bed and Breakfast/Inn Establishment with listed conditions (1-7 above). The motion carried with five aye votes. Application # Dimensional Variance Edward & Sandra Humston 240 N. Main St B-1 District - Section Owners are seeking a 15 variance from the required setback of 20 in order to place a free-standing sign 15 in front of the wall of the building (5 behind the back of the sidewalk along North Main St and 26 from the back of the sidewalk along Broadway), instead of having a wall sign. Chairman Turney called the hearing open and called upon Mrs. Wilson for comments. Mrs. Wilson noted that the Humstons recently purchased the property and will be relocating their existing insurance

6 Page 6 business to this location, in order to promote that business they would like to place a free-standing sign in the front yard. They are seeking a 15 variance from the required setback of 20 to have the sign 5 behind the sidewalk on Main Street and it would be 26 from the sidewalk along Broadway, that s measuring from the side of the sidewalk closest to the building referred to as, the back of the wall. The property was rezoned in 1990 from Low Density Multiple Family Residential R-2 to B-1, which is Neighborhood Business. The structure was the rectory for St. Leo Church until that time, at that point a dentist purchased the property upon rezoning and it has been used for a dental office for the past twenty to twenty-five years. There is onsite parking to the side and the rear of the structure. The proposed project is for the free-standing sign to improve visibility of their insurance business office. There are four criteria, all of which must be met. Mrs. Wilson noted that with regard to the uniqueness of the applicant s land that don t exist on other land, the structure was originally used for residential purposes and was the only such corner structure in this vicinity. It also has a grass front yard making it unique. The strict application would limit the applicant s ability to make their business visible. The location is adjacent to 238 North Main Street (former St. Leo Church) which sits at the sidewalk and blocks the view as you drive north on Main Street. Other conditions and circumstances are not the result of actions of the applicant; the structure has existed in the fashion prior to the adoption of the zoning ordinance. Another item to note is there is a large signal box that is in front of the property that controls the five point intersection; that creates a visibility issue also. It will not affect the public safety and welfare, and will not alter the essential character of the neighborhood. The proposed sign will not block any site distances (see Site Plan). It will improve visibility of the business reducing the need for customers to have to turn around and come back to the property. The sign will not alter the essential character of the area. All legal notices have been provided as necessary and the request does meet all four criteria and Mrs. Wilson provided some variance conditions that the property should be subject to if the variance are granted. The conditions are as follows: 1. This property is subject to all requirements of the Versailles-Midway-Woodford County Zoning Ordinance. 2. The owner shall comply with all other federal, state and local regulatory entities and shall provide copies to the Planning Commission office of any and all permits issued on behalf of the Applicant as a result of the approval of the Variance. 3. The approved variance is granted only for the construction of the proposed free standing sign as attached to the application in the location as establish with the variance. 4. Any future structures or additions shall conform to the standards of the Zoning Ordinance. 5. The owner shall obtain all necessary permits from the Versailles-Midway- Woodford County Building Inspector for the construction of this structure. Mrs. Wilson clarified the picture that was distributed in the Board packet showing the sign, the alternate sign that is X through would show if you placed the sign next to the wall, how far back it would have to be and that is not what the applicant is requesting. Mr. Ed Humston was present to answer any questions.

7 Page 7 With there being no further questions, Chairman Turney closed the hearing and called for a motion to approve or deny the Dimensional Variance. A motion was made by Mr. Stark, as seconded by Ms. Evans, to approve Application # Dimensional Variance Edward & Sandra Humston 240 N. Main St B-1 District - Section Owners are seeking a 15 variance from the required setback of 20 in order to place a free-standing sign 15 in front of the wall of the building (5 behind the back of the sidewalk along North Main St and 26 from the back of the sidewalk along Broadway), instead of having a wall sign, as presented with noted conditions. The motion carried with five aye votes. Application # Conditional Use Permit Jocelyn Roper 432 Davistown Rd R-2 District - Sections 708.4, 705.4(A) & 260(I-9) - Owner is seeking a Conditional Use Permit for a Home Occupation to operate a one person beauty salon in an attached sunroom, by appointment only, one client at a time. Chairman Turney called the hearing open and called upon Mrs. Wilson for comments. Mrs. Wilson noted that Ms. Roper recently acquired the property in Davistown which is off of Leestown Road. Ms. Roper is a beautician and would like to operate the one person beauty salon in the home, specifically in the sunroom and will only be by appointment and only one client there at a time. The property is zoned R-2 which is low density multiple family residential and is about ½ acre, there are no previous BOA cases of record involving this specific property. The principle use of the property will be the owner s home and she will be the operator and will have no other employees. With Home Occupation the ordinance oes stipulate the nine conditions that have to be met and Ms. Roper has agreed that she will be able to meet all of those conditions. Mrs. Wilson noted that all required public notices have been met. The property appears to be of sufficient size to accommodate the proposed use. A map of the site plan is attached to the application as well as a copy of a recorded plat. The driveway is of sufficient length to accommodate customer parking. The request for this CUP appears to meet all of the necessary criteria listed above and within the associated Ordinances. If the Board approves this application, it is recommended that the following conditions be required: 1. This property is subject to all requirements of the Versailles-Midway-Woodford County Zoning Ordinance. 2. The Owner shall comply with all other federal, state and local regulatory entities and shall provide copies to the Planning Commission office of any and all permits issued on behalf of the Owner as a result of the approval of the CUP. 3. The Owner shall obtain all necessary permits from the Versailles-Midway- Woodford County Building Inspector and the Woodford County Health Department prior to operation of the Beauty Salon. 4. The Conditional Use Permit shall become null and void upon the sale or transfer of the property. 5. The Owner shall return to the Board prior to ANY changes to the approved conditions.

8 Page 8 6. The Owner will operate no more than one station in the existing attached sunroom, by appointment only, one client at a time. 7. All conditions for Home Occupation definition #260 (1-9) shall be adhered to. 8. All client/customer parking shall be in the existing driveway on the west side of the dwelling. Ms. Jocelyn Roper was present to answer questions. Ms. Evans asked if the office had heard from any property owners. Mrs. Wilson stated no. With there being no further questions, Chairman Turney closed the hearing and called for a motion to approve or deny the Conditional Use Permit. A motion was made by Mr. Prewitt, as seconded by Ms. Evans, to approve with conditions 1-8 as stated above - Application # Conditional Use Permit Jocelyn Roper 432 Davistown Rd R-2 District - Sections 708.4, 705.4(A) & 260(I-9) - A Conditional Use Permit for a Home Occupation to operate a one person beauty salon in an attached sunroom, by appointment only, one client at a time. The motion carried with five aye votes. Mrs. Wilson asked the Board if they would be willing to change the future meeting time to 6:30, so that all Boards convene at the same time; beginning in All members agreed. A motion was made by Mr. Stark, as seconded by Mr. Prewitt, to adjourn at 6:43. The motion carried with five aye votes. Tim Turney, Chairman