# Board of Adjustment Meeting Part #2 - December 16, 2011 > Auto-transcribed civic record · December 16, 2011 - **Permalink**: https://meetings.lexingtonky.news/meeting/2294 - **Source video**: https://lfucg.granicus.com/player/clip/2294?view_id=14&redirect=true - **Date**: 2011-12-16 - **Last revised**: July 17, 2026 - **Length**: 2,143 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Board of Adjustment met on December 16, 2011, at 1:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky. The board considered six agenda items during the meeting, including variance requests, conditional use permits, and administrative reviews for various properties and businesses throughout the city. The board took one motion and vote during the session and heard three public comments. Of the six items presented, two were approved with conditions, two were denied, one was approved with conditions, and one was postponed to a future meeting. ## Votes and Decisions **Motion A-2011-81: Administrative Review of Taxi Business Operations at 1084 Wellington Way** The Board voted on an administrative review to determine if dispatch and vehicle use associated with a taxi business is permitted in a Professional Office (P-1) zone at 1084 Wellington Way. [timestamp: 0:16:25] The motion, presented by Mr. Chair, passed by voice vote. The Board approved the use subject to the following conditions: - Any storage of cabs is prohibited in the P-1 zone. - No more than three taxis shall be parked on the property at any one time, each for no more than one hour. - Taxis used by employees working in the office must be identified to Building Inspection and are not counted toward the three-vehicle limit. - Building Inspection shall report back to the Board of Adjustment in June regarding compliance. - Any more intense use by taxis shall be considered storage and in violation of the zoning ordinance. ## Public Comment Three speakers addressed the meeting regarding taxi business operations in the P-1 zone. **Greg Kujowski** [timestamp: 0:02:44] explained the taxi business's operational practices, noting that only one to three taxis are present at any time. He stated that vehicles are stored off-site and used primarily for dispatch and accounting purposes. Kujowski emphasized the business's commitment to being a good neighbor and expressed willingness to comply with conditions. **Mr. Todd** [timestamp: 0:01:05] raised concerns about taxi storage and enforcement. He noted the continued presence of taxis despite a cease and desist order, suggesting the business was not complying with regulations. Mr. Todd expressed concern that enforcement would be difficult without proper oversight. **Michelle Sjogren** [timestamp: 0:04:58] provided clarification on vehicle presence at the site. She explained that the Honda Accord visible in photographs was the driver manager's vehicle, used for after-hours business purposes. Sjogren stated that the business had been operating with minimal vehicles on-site. ## Contested Items **Taxi Operations in P-1 Zone** A heated discussion arose regarding taxi operations in the P-1 zone. The primary concern centered on non-compliance with a previously issued cease and desist order. The appearance of a taxi fleet in the zone prompted significant debate among meeting participants about enforcement challenges and the ability to ensure adherence to prior directives. The discussion was contentious, with strong concerns raised about the violation of the existing cease and desist order. Participants grappled with the practical difficulties of enforcing compliance and preventing unauthorized taxi operations in the designated zone. Following the heated debate, the matter was resolved through a conditional approval, indicating that taxi operations in the P-1 zone would be permitted subject to specific conditions designed to address the enforcement and compliance concerns that had been raised during the discussion. ## Hallmark Student Development Co., LLC - Variance to reduce front yard from 20 to 5 feet **Case Number:** V-2011-82 The Board considered a variance request submitted by Hallmark Student Development Co., LLC to reduce the front yard setback requirement from 20 feet to 5 feet. The variance was proposed for a property designated for wholesale and warehouse use located in a B-4 and A-U zone. **Staff Recommendation** Staff recommended postponement of the variance request. The primary reason for this recommendation was that the property had not yet been rezoned to R-5, which was a necessary prerequisite for the variance to proceed. **Outcome** The Board postponed consideration of this variance request. ## Boone Creek Adventures, LLC - Conditional use permit for agricultural market and outdoor recreational facility **Item Identifier:** C-2011-70 **Type:** Conditional use permit discussion **Overview** The Board considered a conditional use permit application from Boone Creek Adventures, LLC for two components: an agricultural market and an outdoor recreational facility. **Staff Recommendation and Board Action** Staff recommended approval of the outdoor recreational facility portion with conditions. However, staff recommended that the agricultural market portion be postponed indefinitely to allow for further planning and consideration. The Board approved the conditional use permit with conditions for the outdoor recreational facility. The agricultural market component was postponed indefinitely as recommended by staff. **Outcome** The conditional use permit was approved with conditions for the outdoor recreational facility portion. The agricultural market portion was not approved at this time and was postponed indefinitely pending further planning. ## Bethsida Baptist Church - Conditional use permit to expand church in R-2/R-3 zone The board considered a conditional use permit application (C-2011-79) for Bethsida Baptist Church to expand its facilities in an R-2/R-3 residential zone. Staff recommended approval of the church expansion, subject to several conditions designed to address impacts on the surrounding residential area: * Landscaping requirements * Parking design specifications * Storm water management measures * Emergency response planning The board approved the conditional use permit with these conditions in place. ## Ball and Wright Capital Holdings - Administrative review for third wall sign in P-1 zone **Item:** A-2011-71 **Overview** This agenda item addressed an administrative review request from Ball and Wright Capital Holdings for a third wall sign in a P-1 zone. **Staff Recommendation** Staff recommended disapproval of the request. The recommendation was based on two primary grounds: - The zoning ordinance contains limits on the number of wall signs permitted in the P-1 zone - Prior Board conditions established restrictions that would not permit an additional sign Staff noted that they lacked authority to increase sign allowances beyond what the zoning ordinance specifies. **Outcome** The request was denied. ## Crestwood Christian Church - Administrative review for four directional signs in R-1C zone **Item:** A-2011-80 **Proposal:** Crestwood Christian Church requested an administrative review for four directional signs to be located in an R-1C residential zone. **Staff Recommendation:** Staff recommended disapproval of the request. The basis for this recommendation was that directional signs are not permitted uses in R-1C zones according to zoning regulations. Staff noted that the Board lacks the authority to override existing zoning regulations to approve this request. **Outcome:** The request was denied. ## Greg Kujowski - Administrative review for taxi dispatch and vehicle use in P-1 z [timestamp: 0:16:25] The Board heard arguments regarding whether taxi dispatch operations and limited vehicle presence were permissible in a P-1 zone. Key speakers in the discussion included Greg Kujowski, Mr. Todd, and Michelle Sjogren. The central question before the Board was whether the proposed taxi dispatch and vehicle use activities could be conducted within the zoning restrictions of the P-1 zone. The discussion involved examining the permissibility of these operations under existing zoning regulations and considering what conditions might be necessary to allow the use while protecting the character of the zone. After hearing arguments and discussing the matter, the Board approved the appeal with strict conditions. These conditions were designed to prevent storage of vehicles in the P-1 zone and to limit the presence of vehicles associated with the taxi dispatch operation. The conditions imposed reflected the Board's intent to allow the requested use while maintaining controls to ensure it would not expand beyond the approved scope or create impacts inconsistent with the zone's intended purpose. **Outcome:** Approved with conditions --- ## Decisions - **A-2011-81** — passed: Administrative review to determine if dispatch and vehicle use associated with a taxi business is permitted in a Professional Office (P-1) zone at 1084 Wellington Way --- ## Full transcript to him, I'll work it out. I will handle it. I said, okay. So my communication was with Jerry, and I honestly have to say, if Ms. Sjogren ever came to my office, I was not aware of it. I have never seen Ms. Sjogren before until today. So I just wanted to clarify that. I also wanted to clarify that Jerry Krogl, to my knowledge, has never been president. He was a treasurer at one time, but one owner didn't really have the authority to give this. But I can understand and they may have misconstrued that he was the president because he did have meetings at his office. My other thing I was going to say, I was going to point out the very pictures that Ms. Meyer had pointed out, that the vehicles were there all day long and even to the next day. I just wanted to clarify that. Thank you. Thank you so much. Mr. Todd. Two points. I want to ask you a question and ask you to consider this. Now, they've got 50 or 60 cabs in their business, and they just said they have a storage facility. Didn't tell you the address, didn't tell you who's there, what's there, what goes on there. Why do you have to have storage facilities here when you've got one? Secondly, a cease and desist order was issued by building inspection. Subsequent to that, after that, they still park calves in the lot. Now, what does that tell you? I mean, in the face of a cease and desist order, they continue to park calves. The problem here is they're not going to listen to anybody. They do what they want. and they've been to two previous places and this has been a problem there and I understand they got kicked out of their last one. So this is a problem that's going to be ongoing and I think if they want to run a P1 office and have computer access, that's fine. But the cabs are the deal. They're bringing the cabs in because they get access to the airport, they get access to residential areas, they're in a cheaper location, they'll have to pay and they've got an advantage over their competitors. And where do you get nine people in an office complex, 90 percent except for one, who come down in unison in a business environment and say this is not right? I mean, that tells you something. And these are all good people. They're not going to spend the whole day down here listening to another case if they weren't telling you what was absolutely the truth. Hi. If I could say in regards to this. Tell us who you are, sir. I'm sorry? Tell us who you are. I'm sorry, Greg Kajowski. If I could say in response to that, the best indicator of this is a third party that came and took pictures, not somebody that came and picked pictures. And I am sure picked and choosed the times they took pictures. Because I'm sure right now, for the last two months, if they were to come and take pictures on a regular basis, they would find anywhere from zero to three vehicles there. I know we have one vehicle there right now. And I did mention in our application that we did have one to three vehicles there. possibly as far as when they said when mr. Todd said something about where's our storage place all of our repairs are done at powers transmission except for tires brakes we go to SNS tire they have a storage facility around the back of the building any vehicles that we have that are not operational or damaged are kept back there any vehicles that we're not currently using are kept back there. And the idea that a P1 zone is cheaper than some of the more industrial sites is just not true. A lot of the other areas are, in fact, cheaper to operate than where we're located right now. And I believe that's all I have. Thank you, sir. I just heard you say in the last two months there's only been one to three cars there at the most. And here's a picture at night with five. So how can we, why would you say No, no, no, no. I guess if I could say this in response to that, what we're talking about is not vehicles that are there for maybe five to ten minutes that are coming and going. There's a lot of time periods where, like, I'm sure if there's a nicer, newer Honda van on there, that's our driver manager. If one of those vehicles is probably my vehicle because I'm there later at night. And during those time periods, that's what I'm talking about. And those vehicles won't be there all the time, and they're not. Well, I guess. I mean, how do I influence what the. . . My opinion is even if there's only one to three and occasionally five, it's not working. It's just not working. For the last two months, you say you've all been smoothed out, but it's not working. So there's got to have to be some changes. and but even with the one to three and the amount of staff we have we're still far way below what we could have as the amount of vehicles for this size facility thank you thank you tell us who you are please Michelle Sjogren just in reference to that I just got a brief glimpse of it when you lifted it up the Honda Accord is our driver manager and as I said he's often there after hours doing whatever business management type things he needs to do there. I don't think there's a Honda Accord here. These are all full-size cars. I believe on the end, the vans, those vans are by our driver managers. Okay? But I want to say that we are willing to do what you ask us to do. We are a business that is operating. We have about 45 drivers who depend on us. We have a staff of about, not all at the same time there in our building, but staff of about 10 who depend on us for a living. We are willing to abide by what you ask us to abide by. We just need to be able to allow our drivers to come there and pay. We want to be good neighbors. We would love to talk with them and work something out. We want to work this out. We don't want to be a bad neighbor. I think that's a change. important not that they're going to be coming five all the time well i mean i you know i think that i don't have a problem I'll let you check on that. But how can they enforce that? That's what I'm saying. If they don't have any, how do you enforce it? If they don't have any, how are you going to enforce that too? You know that means building inspection is going to have to be over there. Thank you. is The Thank you. so so Thank you. Thank you. killed to I'm going to be able to do this before. Thank you. Thank you. Thank you. Thank you. you jackson I think we have heard both sides of this particular issue and concern and before Before I ask for a motion, I wanted to say something to both parties here. I think all of this could probably have been rectified in the very beginning, from the very day you moved in there with your business. If the communication had been properly presented to your neighbors, I think it could have been solved and rectified. and if there had been complaints, I think they would have been more willing for you to come and sit down with them and discuss it. And whether you tried or whether you didn't is irrelevant at this point in time. They have been disturbed. And I can understand that. it's hard for us sometimes to sit here and try to separate the concerns of the business people and also of those folks who are business people but are neighbors to you. It's very difficult sometimes. So we're going to ask for a call. I'm going to call for a motion regarding this particular case, please. Mr. Chair, I recommend that we approve building, sorry, the staff's, right, excuse me, that we approve this administrative appeal 2011-81, Greg Kujowski's administrative review, to determine the dispatch of and vehicle use associated with a taxi business is permitted in the professional office P1 zone on property located at 1084 Wellington Way. But it's going to be subject to five very strict conditions, and I'll read those. Any storage, so these are findings of facts. Any storage of cabs is prohibited in the professional office P1 zone. Number two, the dispatch and accounting functions of this office are appropriate for the P1 zone, but storing any of the fleet of taxis on the site is in violation of the zoning ordinance. In accordance with Mr. Taxi's submitted documentation, No more than three taxis shall be parked on the property at any one time, each for no more than one hour. Any more intense use by taxis shall be considered too intense for this location in a P1 zone, showing more characteristic of storage. Number four, Mr. Taxi shall identify any vehicle in use by employees working in the office to building inspection, and those shall not be counted toward the maximum of three vehicles. Building inspections shall report back to the Board of Adjustment in June, which is six months. And we'd want to report if there are complaints that show that these conditions are not being met. We've had a motion. Do I have a second? I second. All in favor signify by saying aye. Aye. Any opposed? Now, you all have got a job to do, and these are very strict, and they're going to be upheld by building. And if you come back before us, you're going to be looking for another place to open your business. I don't think she wants to clarify. No, no, no. I have a question to make sure that we're doing it right. All right. Okay, so number one, how will we identify our vehicles of other employees? What I was saying, if you will give him your license plate because you said your vehicle has the Mr. Taxi logo, and I had the impression that your office manager regularly used a company vehicle, so it's going to have the taxi logo on it? Right. I mean, you're going to have to come up probably with one that he would drive that would stay there when he was going to be at work so that you can reasonably have two vehicles or employee vehicles with the company logo that your employees at that facility can have there. We're only talking about the ones with company logo on them. Yeah, I mean, if they're just personal vehicles, I mean, we're not going to keep track. But the problem has been, from what we've heard, there are lines of taxis out there. So we're worried about the appearance of looking like there's a taxi fleet there. Okay, and one more clarification to whom should I address. So the three vehicles that we can have there at one time, is that also during the time where they're coming in to pay? We're not allowed to have one? At any one time that come there, you've got one hour for them to be there and to leave any taxis. You only want three there at one time? Any three at any one time, and they'll be there within one hour. Thank you. Thank you. Does Harry want to try to describe it or something? I'll try to write those notes down. Yeah, I will give it to staff, and you can get them from staff. Staff, would you hold on to these, please? It's a tough day, man. I think that was probably the best solution. Are you happy with that? It had to be. Where are you going? Did you? Why was the change come back? Well, we're going to miss you. We're going to miss you. The whole crew? Who did that to Mayor? Who did that to Mayor? Council don't believe it on I hate to hear it But it's been a joy anyway It's been a joy You have We're going to have a motion here very quickly Do we have a motion to adjourn? So made All in favor say aye Motion passes Thank you. Thank you.