ON MONDAY, NOVEMBER 5, 2007, 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 Mary K. Woodrum, Recording Clerk.

CONSULTANTS ABSENT: Tim Butler, Legal Counsel

MINUTES: Mr. Turney moved, as seconded by Mrs. Steen, to accept the October 1,2007 minutes as distributed. Motion carried with all members voting 'aye'.

NEW BUSINESS:

PUBLIC HEARING: DIMENSIONAL VARIANCE :Ricky Vaught - 103 Deerhaven- Residual

11-020-2007 Farmland Zoning District - Section 703.11 (A)(3) & 701.7 (A) - Applicant is seeking a 55 foot variance from the required 80 foot front yard setback in order to build a 40' foot by 50' foot wood barn 25 feet from Deerhaven Road right-of-way.

This hearing was withdrawn.

PUBLIC HEARING: DIMENSIONAL VARIANCE : Dan Gililland - 1002 West Binderton Place - 11-021-2007 R-1B Zoning District - Section 504.2 - Applicant is seeking a 5 foot variance from the 30 foot front yard setback requirement in order to leave an existing fence 25 feet 10 inches from Woodburn Hall Drive.

Mr. Noel stated this is a typical corner lot request for a fence. He explained that there is an open lot behind Mr. Gililland's property. It belongs to the church and runs along Huntertown Road. When Mr. Gililand built the fence, he was under the impression that the setback was 30 feet from the street, not the sidewalk. The fence builder was unaware that a permit was required. The fence sits around 26 feet from the edge of the right-of-way and Mr. Noel explained that it sits back far enough to not interfere with traffic.

Mr. Dozier asked if there were any questions from the Board members? Mr. Prewitt asked if there were any comments from any of the neighbors? Mr. Noel stated there were none.

With no other comments, Mr. Dozier then closed the hearing and asked for a motion?

Mr. Stark moved, as seconded by Mr. Prewitt to grant Dan Gililland of 1002 West

Binderton Place, a 5 foot variance from the 30 foot front yard setback requirement in order to leave an existing fence 25 feet 10 inches from Woodburn Hall Drive. Motion carried 5-0 in favor.

PUBLIC HEARING: DIMENSIONAL VARIANCE: John P. Fox - 440 Shotwell Lane - A-1 Zoning 11-022-2007 District - Section 504.4 (A) &701.6 - Applicant is seeking a variance to allow construction of a detached garage in side yard and a 35 foot variance from the required 80 foot front yard setback requirement in order to build it 45 feet from Shotwell Lane.

Mr. Noel stated this is a situation where this is a private road with an easement access to other properties. Mr. Noel explained that this is the road that the setbacks have to adhere to. Primarily, this request is for an accessory structure to be built in the side yard as opposed to the requirement of being in the rear.

Mr. Noel stated the terrain slopes to ravines and lots of trees. The location where structures can be built are limited. He went on to explain the only other available location for a garage would require construction of some 600 linear feet of driveway cut into a hillside or the destruction of woods, and place the garage at some distance from the house. Mr. Fox felt that this garage would not adversely effect anything and would not be a safety hazard.

At this point, the members were asked to look at the pictures provided to them in their packet. Mr. Dozier explained that he had gone to this property and there were two gates leading into this property on Shotwell Lane. He noted that the area in question is after the first gate, but before the second gate. Mr. Fox agreed stating the first gate is the beginning of the private road and the second one is onto private property owned by one of the five people who use that road.

Mrs. Steen asked if there were any comments from any of the neighbors? Mr. Noel stated no, there were none.

At this point, Mr. Dozier asked if there were any other comments or concerns? With none, Mr. Dozier closed the hearing and asked for a motion?

Mr. Turney moved, as second by Mr. Prewitt, to grant John P. Fox of 440 Shotwell Lane, a variance to allow construction of a detached garage in side yard and a 35 foot variance from the required 80 foot front yard setback requirement in order to build it 45 feet from Shotwell Lane. Motion carried 5-0 in favor.

Mr. Dozier asked for a motion to adjourn?

Mr. Stark moved, as seconded by Mr. Turney, to adjourn at 6:20 p.m. Motion carried 5-0 in favor.

Sam Dozier, III, Chairman