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2/19/2020 Board of Zoning Appeals Meeting Minutes

CITY OF FRANKFORT
Board of Zoning Appeals
February 19, 2020

 

The Frankfort City Board of Zoning Appeals met at a Special Meeting on February 19, 2020, at 5:30 pm and the following action was taken:

President Kevin Myers was present and called the meeting to order. Upon roll call, the following members were present: Richard Greeno, Don Gilmore, and David Hussey. Staff members present Susan Palmer and Ashlee Bassett.

MINUTES: Minutes of September 11, 2019 meeting were presented. Richard Greeno made a motion to approve minutes as presented. Don Gilmore seconded the motion. Upon roll call, three “ayes” were recorded. David Hussey abstained. Motion carried, minutes approved.

ELECTION OF OFFICERS: President Kevin Myers opened the floor for nominations. Don Gilmore made a motion to nominate Kevin Myers for president. David Hussey seconded the motion. President Myers closed nominations for President. Upon roll call, four “ayes” were recorded. Motion carried. Richard Greeno made a motion to nominate David Hussey for Vice President. Don Gilmore seconded the motion. President Myers closed nominations for Vice President Upon roll call, four “ayes” were recorded. Motion carried.

PUBLIC HEARING: Hometown Cottages of Frankfort LLC requires approval for a Special Exception according to City Ordinance 155.103(A). Specifically, the petitioner asks for a special exception to allow 58 garden apartments with 50 attached garages. President Myers called on Annie Bacon to present the Staff Report. Staff Report and findings of fact were read by Annie. Annie noted that rezoning of the property was done in 2019 (currently D Residential). President Myers called on petitioner to address the Board. Jay Moore, attorney for petitioner, approached the podium. Jay mentioned that representatives of Hometown Cottages are here to answer any questions. He added that he thinks the proposed Special Exception meets our City Comprehensive Plan very well. Noted that this project provides housing not currently available in Frankfort, pertaining to the garage amenity. Jay requests approval of Special Exception, mentioned that this project in any zoning district requires a Special Exception. Jay states that the East State Road 28 Overlay District is treating this project as if it were a commercial business, which doesn’t fit with this residential development. Annie approached Board and stated that our ordinances are currently being revised and if the petitioner had waited, they would not need the Special Exception or Variance because these types of things were addressed in our new proposed ordinances. Jay Moore states the reason for not waiting is because petitioner is eager to get started. He also added that petitioner is happy to answer any questions. President Myers opened Public Hearing for comments from interested parties. Hearing nothing, he closed Public Hearing. President Myers noted that appropriate letters were mailed out to property owners within 100 feet and advertisement was listed in newspaper February 8, 2020. President Myers called for Board Discussion regarding Special Exception, or if none was to be had, he would entertain a motion to accept/ deny Special Exceptions. Richard Greeno made a motion to accept and include the five findings of fact. Don Gilmore seconded the motion. Upon roll call, four “ayes” recorded. Motion passed (BZA 2020-01).

PUBLIC HEARING: President Myers moved on to the Variances from developmental standards. He called on Annie to address the Board. Annie read staff report fully. She noted that the Variances come from both the East State Road 28 Overlay District and the General Standards. She cited Section 155.269 (B)(1) in the East State Road 28 Overlay District to allow siding on exterior. Secondly, Variances from Section 155.269(C)(2A-2D) to waive requirements for planting and seating. She stated that if this were an office building, no Variance would be pursued. Third Variance is from Section 155.269(E) to allow trash to be collected from front of residences. Fourth Variance is from Section 155.103(E) to allow 20 foot front yard setback. Fifth and final Variance is from Section 155.103(J3) to allow off-street parking in front of units. Reiterated that if it were a commercial building, no Variance would be pursued. Annie read the findings of fact entirely. Annie called for questions. Richard Greeno mentioned that there is a mound of dirt located near what will be the access road, he and Sam Payne (Building Inspector) spoke to petitioner about placing bushes there and the petitioner agreed. Jay Moore stated that the mound Richard is talking about is not on the property being discussed today, but since the owners are the same they have no problem doing that. Annie recommended that this issue be taken up separately, since they are separate properties. President Myers asked for comments from interested parties. Hearing nothing, the Public Hearing was closed. President Myers noted that appropriate letters were mailed to property owners within 100 feet and advertisement was listed in newspaper February 8, 2020. President Myers called for a motion to approve/ deny Variances. Richard Greeno called for discussion regarding the vinyl siding. Petitioner stated that the proposed vinyl is a wood- grain textured product and there will be two colors used (blue & red). The petitioner noted that lots of research went into choosing exterior materials, things such as wind, sun, rain, long-term durability, were all taken into account. Don Gilmore made a motion to approve all Variances collectively and to include the findings of fact. David Hussey seconded the motion. No discussion had. Upon roll call, four “ayes” were recorded. Motion passed.

With no further business, Don Gilmore made a motion to adjourn the meeting. Unanimous voice vote. Meeting is adjourned.

 

 

Recording of this meeting by Susan Palmer. Minute’s summary typed by Ashlee Bassett filling in for Susan Palmer.

Respectfully submitted,

Ashlee Bassett

Approved April 15, 2020

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