ON MONDAY, JULY 7^th, 2008, THE BOARD OF ADJUSTMENT HELD A MEETING IN THE 2ND FLOOR COURTROOM OF THE WOODFORD COUNTY COURTHOUSE TO HEAR THE FOLLOWING APPEALS:

Chairman Sam Dozier III opened the meeting at 6:00 p.m. with those being in attendance as follows:

MEMBERS PRESENT: Sam Dozier, David Prewitt, Frank Stark, Jennifer Steen, and Tim Turney

CONSULTANTS PRESENT: Paul W. Noel, Jr., Building & Zoning Inspector and Petra T. Dotson, Recording Clerk.

MINUTES: Tim Turney moved, as seconded by Frank Stark, to accept the June 2^nd, 2008 minutes as distributed. Motion carried with all members voting ‘aye’.

CONTINUED PUBLIC HEARING:

06-010-2008 DIMENSIONAL VARIANCE: Michael Warren- 234 W. Higgins St. - R-1(C) Zoning District – Section 504.5, 504.2 & 707.6 - Applicant is seeking a 25 ft. frontage setback variance from the required 25 ft. setback for a frontage lot to allow a 6’ privacy fence at the edge of the right-of-way.

Mr. Dosier advised the case is continued from last months’ Board of Adjustment meeting. Chairman Dosier asked Mr. Noel if he would like to comment for which Mr. Noel stated it was not necessary. The audience was then asked for any comments.

Mr. Bill Moore spoke on behalf of Ms. Warfield and her parents, Mr. and Mrs. Sharon. He presented 3 additional photos of the property across from the fence which is owned by Mr. and Mrs. Sharon and were taken from across the street. Mr. Moore stated the Sharon’s property is platted and zoned for two residential lots. As a result, Mr. and Mrs. Sharon will eventually want to sell those lots and they believe the privacy fence on Mr. Warren’s property would lessen the value of these two lots. Mr. Moore stated he did not want to reiterate what was already said at last month’s meeting and he has reviewed the minutes and agreed with the content. He stated he just wanted to add that the fence will lessen the value of the Sharon’s property.

Mr. Dosier then asked if anybody else from the audience had any comments. Mr. Nathan Craig spoke and stated he was the owner of the property next to Mr. Warren whose lot backs up to Cross Street. He stated he would like to put up a 6’ privacy fence as well. He notes he has quite a bit of tree coverage which is within 8 feet of the road. Mr. Craig stated he does not see a difference between the trees or a fence. Mr. Dosier asked Mr. Craig to provide more details as to where he lived. Mr. Craig stated he is directly to the west of Mr. Warren’s property. Mr. Craig stated he owns two large dogs and it is challenging to keep them in the yard. He also stated the other side of his property already has a 6’ foot chain link fence put up by his neighbors on their property. Mr. Craig stated he would eventually like to close in his yard just like Mr. Warren.

Mr. Prewitt asked Mr. Craig for further clarification as to where he lived on the street. Mr. Craig stated he lives in between Mr. Warren and Ms. Warfield.

David Prewitt stated he and Jennifer Steen met with Paul Noel today so they can drive over to the property. Mr. Prewitt requested Mr. Noel comment on their findings. Mr. Noel stated he was driving a Jeep Cherokee when he pulled in to the center of the Warren’s driveway. He stated he backed to approximately 2 feet from the road and he was able to look down the alley and could see to Warfield’s gate approximately 60 or 70 feet. Mr. Noel stated he then moved his car to the right side of the driveway, the furthest west side, and still had the same viewing distance as previous. Mr. Noel stated the purpose for completing this was to determine if the fence obstructed a driver’s view which he stated in his opinion it did not.

Tim Turney asked Mr. Craig what his street address is. Mr. Craig stated his address is 238 Higgins. Mr. Turney was reviewing some of the photos and asked where the two residential lots were on the Sharon’s property and where exactly the barn was located and Mr. Moore pointed to the photos indicating where both the lots and barn were.

Jennifer Steen stated she believed there were no driving safety issues and the issue of the fence lessening the value was a new issue brought up at this meeting. Ms. Steen asked if the fence would prevent a sidewalk from being put in at a later date. It was noted the sidewalk can be put up right to the pavement with a width of about 10-12 feet. Mr. Noel stated it would be unlikely the city would go to that expense of putting in a sidewalk. Mr. Dosier stated that there is enough room for a sidewalk if it was decided to put one in at a later date. Tim Turney stated that this issue is beyond the Board of Adjustment’s review.

Tim Turney moved to approve a 25 ft. frontage setback variance from the required 25 ft. setback for a frontage lot to allow a 6’ privacy fence at the edge of the right-of-way on 234 W. Higgins Street, as seconded by Frank Stark. Motion carried 4-1 in favor.

NEW BUSINESS:

PUBLIC HEARING: CONDITIONAL USE PERMIT: Bruce and Judith

07-103-2008 Helfrich - 94 Hawthorne Ct – A-1 Zoning District – Section 701.4(I) – Applicant is seeking to operate a child care facility of up to 6 children with hours of operation from 7am – 5 pm.

Mr. Dosier opened the hearing and requested Mr. Noel elaborate further. Mr. Noel indicated the day care is certified by the State and would be open from 7am-5pm and have up to 6 children. He further stated the driveway is 2 car widths and there is enough room for 4 parking spots in the driveway. In addition, there is a fenced in play area for the children as satisfied by the State’s requirements. Mr. Noel read a letter sent by Sandra Combs, owner of 97 Hawthorne Court. Ms. Combs wrote in opposition of the day care as they wanted the safety of the children and elderly living on the street to take a priority over the business itself. Mr. Noel stated there has been no other communications regarding this issue.

Tim Turney indicated the State Certification in the applicant’s file will be expired in three weeks. The applicant stated she was aware and was in the process of reapplying. She further stated the State now requires approval of a Conditional Use Permit before she is given her Certification which is something new and that is why she is in front of the Board. The applicant stated she has been running her day care for 10 years and never knew she needed to obtain a Conditional Use Permit. Tim Turney asked the applicant if the Board were to approve the Conditional Use Permit with the condition the Certification needs to be renewed would she be willing to agree for which she said she would. The applicant stated the State requires her to keep a copy of the Conditional Use Permit on file.

Paul Noel stated the applicant has a very large lot. Tim Turney stated that it would be up to the State to regulate the fencing.

Sam Dosier asked the applicant if the child care facility was currently opened for which she responded it has been for 10 years. The applicant stated she never knew she was required to request a Conditional Use Permit until the State brought it to her attention. Mr. Dosier then opened the hearing and requested if anybody in the audience had any comments.

Dean Gosser requested to speak as owner of 99 Hawthorne Ct. He stated he has observed more traffic because of the people picking up and dropping off their children. In addition he has seen the parents speeding down the road, on the cell phone, rolling through the stop signs and on some occasions littering/throwing out debris from their vehicles. Mr. Gosser said another one of his concerns would be if the applicant chose to expand the day care. Both Mr. Prewitt and Ms. Steen explained that if the applicant wished to expand they would be required to submit another application and it would need to be reviewed by the Board of Adjustment. Chairman Dosier indicated this issue cannot be addressed as this is not being requested in the application. Tim Turney stated that if the applicant wanted to expand she would have to go to the State and the Board of Adjustment for approval.

Mr. Gosser stated he never received notification of the hearing. Paul Noel explained that only the adjoining neighbors receive notification. 11 letters did go out and they were sent to all the adjoining neighbors.

Mr. Gosser wanted to know how many parking spaces are available during the operating hours of the facility because he knows the applicant’s children park on the driveway on occasion. Mr. Noel stated that the ordinance does not specify the amount of spaces, it just specifies that space is needed for pick up and drop off.

Mr. Gosser stated his main concern is the traffic in the mornings and afternoons and the speed of the drivers. Mr. Noel advised these issues have nothing to do with the Board and he needs to address these issues with the police department. Frank Stark asked what the speed limit is. Mr. Gosser stated it was 25 mph. Mr. Stark also asked Mr. Gosser if there were other people traveling on that road. Mr. Gosser explained there are approximately 5 homes on the street. He stated most of the homeowners leave for work in the early morning and one of the homeowners is elderly and does not drive. David Prewitt asked Mr. Gosser if his issue was the traffic in the mornings and the afternoons for which he said it was. Dave Prewitt told Mr. Gosser that he needs to address this with the police department as stated by Paul Noel.

Tim Turney asked the applicant if the Board was to approve the Conditional Use Permit would she be willing to send a letter to each client advising them of their responsibility to adhere to all traffic regulations including the speed limit and to avoid throwing debris from the vehicles which the applicant replied yes.

Jennifer Steen explained that Conditional Use Permits are inspected annually. Mr. Noel explained he is the one who completes the inspections and in this case will confirm the state license is still in place and that the amount of children in the day care are adhered to. In addition, because it is a Conditional Use Permit it is inspected annually and that he would be aware of any significant changes. He further stated the State will control the interior of the day care. Mr. Gosser asked that if in the future the applicant wanted to expand their facility would a zone change be required. Mr. Noel explained the applicant would need to submit an application to the Board for review.

David Prewitt moved to approve the Conditional Use Permit to operate a child care facility of up to 6 children with hours of operation from 7am – 5 pm at 94 Hawthorne Court with the condition the owner send each client a letter advising them to adhere to all traffic regulations and refrain from disposing of litter from the vehicles, as seconded by Tim Turney. Motion carried 5-0 in favor.

PUBLIC HEARING: CONDITIONAL USE PERMIT: Prism Holdings, LLC -

07-104-2008 479 Lexington Road – B-4 Zoning District – Section 716.4 – Applicant is seeking to lease to 24/7 Fitness, LLC d/b/a Snap Fitness approximately 3,000 square feet.

The applicant was not present for the hearing. Sam Dosier requested Paul Noel elaborate further and the Board will determine whether the case can be heard without the applicant present. Mr. Noel explained this property was previously known as the Rainbow property. It will be an 8,000 or 9,000 square foot structure. A portion of that will be a 3,000 square foot workout studio which will be located on the east side of the building. The development plan was previously approved by the Planning Commission. The facility will be within the structure and it will require a Conditional Use Permit.

Sam Dosier wanted to know if the facility would be in the cross hatched are and Mr. Noel indicated it would be. Paul Noel stated there will be other businesses within that structure.

Tim Turney moved to hear the case as seconded by David Prewitt.

Sam Dosier then opened the case up for hearing. Since nobody was in the audience no other comments were made. Mr. Noel explained that according to the ordinances the area is zone for fitness centers as a conditional use and it should be allowed on a case by case basis. There is a 6 month grace period for the Conditional Use Permit.

Tim Turney asked if the facility would be open 24 hours a day, 7 days a week for which Mr. Noel explained that he believed it would be. Frank Stark stated that this would then be open to people who have different work schedules.

Jennifer Steen moved to approve the Conditional Use Permit to allow the owner of the facility to lease to 24/7 Fitness, LLC d/b/a Snap Fitness approximately 3,000 square feet as seconded by David Prewitt. Motion carried 5-0 in favor.

Tim Turney moved to adjourn the meeting, as seconded by Frank Stark. Motion carried 5-0. The meeting was adjourned at 6:35 p.m.

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Sam Dozier III, Chairman