# Board of Adjustment Meeting - February 22, 2013 > Auto-transcribed civic record · February 22, 2013 - **Permalink**: https://meetings.lexingtonky.news/meeting/2888 - **Source video**: https://lfucg.granicus.com/player/clip/2888?view_id=14&redirect=true - **Date**: 2013-02-22 - **Last revised**: July 16, 2026 - **Length**: 1,334 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 Urban County Board of Adjustment met on February 22, 2013, at 1:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky. Barry Stumbo presided over the meeting, which included five agenda items addressing zoning appeals and administrative matters. The board took four motions and votes during the session and heard one public comment. Of the three substantive appeals before the board, one was withdrawn and two were approved. The El Potrillo Mexican Bar & Grill's conditional use appeal was withdrawn. The board approved a variance appeal from Ball Homes, LLC and a conditional use appeal from R.F.I. Properties, LLC. The board also approved the consent agenda item for approval of minutes. Additionally, staff presented an informational item regarding House Bill 55 training opportunity. ## Attendance **Present:** Barry Stumbo, Janice Meyer, James Griggs, Joseph Smith, Kathryn Moore, Thomas Glover, Jim Gallimore, Chuck Saylor, Jim Marx, Mike Sanner, Jimmy Emmons, Bill Sallee, and Wanda Howard. **Absent:** Noel White. **Late:** None. ## Votes and Decisions **Approval of Minutes from October 26, 2012** [timestamp: 00:07:11] Motion by Janice Meyer, seconded by Kathryn Moore. The minutes were approved unanimously with all six members voting in favor: Barry Stumbo, Janice Meyer, James Griggs, Joseph Smith, Kathryn Moore, and Thomas Glover. **Approval of Minutes from July 20, 2012** [timestamp: 00:07:45] Motion by James Griggs, seconded by Janice Meyer. The minutes were approved unanimously with all six members voting in favor: Barry Stumbo, Janice Meyer, James Griggs, Joseph Smith, Kathryn Moore, and Thomas Glover. **V-2013-11: Ball Homes, LLC Variance** [timestamp: 00:04:54] Motion by Kathryn Moore, seconded by Thomas Glover. The variance request to reduce the 25-foot floodplain setback to 13 feet on Castlebridge Lane was approved unanimously with all six members voting in favor: Barry Stumbo, Janice Meyer, James Griggs, Joseph Smith, Kathryn Moore, and Thomas Glover. The approval is conditioned upon: - Development of the subject property occurring in accordance with the submitted application and site plan, or as amended by the Planning Commission - Obtaining all necessary permits from the Division of Building Inspection and any other applicable Division of the Urban County Government prior to any construction activity on the subject site **C-2013-9: R.F.I. Properties, LLC Conditional Use Permit** [timestamp: 00:06:34] Motion by Janice Meyer, seconded by James Griggs. The conditional use permit for an indoor fitness facility in the Light Industrial (I-1) zone at 2426 Palumbo Drive was approved unanimously with all six members voting in favor: Barry Stumbo, Janice Meyer, James Griggs, Joseph Smith, Kathryn Moore, and Thomas Glover. The approval is conditioned upon: - The proposed athletic club facility (private gym) being operated in accordance with the submitted application and site plan - The applicant obtaining a Zoning Compliance Permit and Certificate of Occupancy from the Divisions of Planning and Building Inspection prior to operating an athletic club facility at this location ## Public Comment Janice Meyer addressed the meeting regarding training opportunities related to House Bill 55. [timestamp: 00:09:01] She inquired whether staff training sessions could be accessed through DVD recordings as an alternative to attending sessions in person. She was informed that recordings of the training sessions are available. Barbara Rackers was identified as the contact person for scheduling viewings of these recordings. ## El Potrillo Mexican Bar & Grill - Conditional Use Appeal **Agenda Item:** C-2013-6 The Board considered an appeal for a conditional use permit that would have allowed El Potrillo Mexican Bar & Grill to offer live entertainment and dancing within a Neighborhood Business (B-1) zoned area. **Outcome** The applicant withdrew the appeal via email on February 2nd. The Board accepted the withdrawal without taking further action on the matter. [timestamp: 0:02:40] ## Ball Homes, LLC - Variance Appeal **Identifier:** V-2013-11 The Board considered a variance request from Ball Homes, LLC to reduce the required floodplain setback from 25 feet to 13 feet for a duplex project on Castlebridge Lane [timestamp: 0:03:45]. **Presentation and Recommendation** Staff presented the variance request and recommended approval. The recommendation was based on several factors: - FEMA's Conditional Letter of Map Revision (CLOMR) supporting the proposal - No identified adverse impact from the reduced setback - Hardship circumstances created by delayed issuance of the final Letter of Map Revision (LOMR) **Key Speakers** The discussion involved Rena Wiseman, Rory Kahly, and Jimmy Emmons. **Outcome** The Board approved the variance request, allowing Ball Homes, LLC to reduce the floodplain setback to 13 feet for the Castlebridge Lane duplex project. No opposition was raised during the discussion. ## R.F.I. Properties, LLC - Conditional Use Appeal **Identifier:** C-2013-9 The Board considered a conditional use appeal for R.F.I. Properties, LLC regarding an indoor fitness facility proposed in a Light Industrial (I-1) zone. **Presentation and Recommendation** Staff recommended approval of the conditional use permit, citing minimal anticipated neighborhood impact and appropriate operating hours for the proposed facility. The applicant, represented by key speakers Myke Robbins and Jimmy Emmons, presented the proposal to the Board. **Applicant Position** The applicant agreed to the conditions imposed by staff as part of the conditional use permit approval process. **Public Input** No opposition to the proposal was raised during the meeting. **Outcome** The Board approved the conditional use permit for R.F.I. Properties, LLC to operate an indoor fitness facility in the Light Industrial (I-1) zone. [timestamp: 0:04:24] ## Consent Agenda: Approval of Minutes [timestamp: 00:07:11] The Board unanimously approved the minutes from the July 20, 2012 and October 26, 2012 meetings without discussion. Barry Stumbo presented this item to the Board. No concerns were raised during the consideration of these minutes, and the approval was completed without debate. ## Staff Item: House Bill 55 Training Opportunity Jimmy Emmons presented information about an upcoming training opportunity related to House Bill 55. [timestamp: 09:33] **Training Details** Staff announced an upcoming American Planning Association (APA) lecture scheduled for March 13. The lecture, titled "Environmental Systems, Assessment and Carrying Capacity," will offer 1.5 training credits to attendees. **Recording Availability** Recordings of the training will be available for viewing upon request, allowing staff members who cannot attend the live session to access the content at a later time. **Outcome** This item was presented for informational purposes. --- ## Decisions - **Motion** — passed (0-0): Approval of minutes from October 26, 2012 - **Motion** — passed (0-0): Approval of minutes from July 20, 2012 - **V-2013-11** — passed (0-0): Ball Homes, LLC variance to reduce 25-foot floodplain setback to 13 feet on Castlebridge Lane - **C-2013-9** — passed (0-0): R.F.I. Properties, LLC conditional use permit for indoor fitness facility in Light Industrial (I-1) zone at 2426 Palumbo Drive --- ## Full transcript Music Thank you. Good afternoon. I'd like to call the February Board of Adjustment meeting to order. Just a couple of housekeeping notes, if you would. Please turn off all cell phones, and if you need to take a call, please do so outside. Anyone that is going to speak, would you please stand? Do you agree to tell the truth, the whole truth? I do. Thank you. We're going to go ahead and read the agenda, and I'm going to ask if the applicants are present, and if no opposition, we're going to hear those first. If opposition, please step into the hall and try to resolve, and those cases, again, with no opposition will be heard first, and if staff has recommended disapproval, we'll hear those cases as well. Are there any withdrawals, Mr. Emmons? Yes, sir. If you'll notice on page 2 of your agenda, item C, 2013-6, Alpa Tree, Yo Mexican Bar and Grill. This is an item that was continued from last month on to this month. On February 7th, the staff received an email from the applicant withdrawing this application, and the board just needs to accept that withdrawal and not need to act on this application anymore. We did notify the council member in that area that had some constituents that were concerned about that particular application. Very good. Do we need a motion to accept this, or can the chair just make it? I don't believe you need a motion. I believe you can just say that this has been withdrawn, note the withdrawal, and note that you will not act on it today. Very good. Thank you. So noted. First case is Ball Homes. Appeals for a variance to reduce the required 25-foot distance from a floodplain to 13 feet in order to construct a duplex in an expansion area residential zone on a property located at 3865 and 3869 Castle Bridge Lane. Is the applicant here? Okay. Is there any opposition? Is there any opposition to item B, 2013-11? No opposition. The other case we have is case C, 2013-9 RFI properties, appeals for conditional use permit to establish an indoor fitness facility and light industrial zone located at 2426 Palombo. Is the applicant here? Is there any opposition to this item? Very well, then. I'd like to go ahead and call item B, 2013, 11, Ball Homes. Thank you, Mr. Chair, members of the board. I'm Rena Wiseman. I'm here for Ball Homes today. We've reviewed the staff report and the conditions. I think Ms. Drummond has done a good job explaining the Clomer-Lomar situation out here, and we do agree with the conditions and ask that you approve this. Very good. I'd be happy to answer any questions. Very good. Thank you, Ms. Wiseman. Any questions from the board? No questions from the board? Well, if that's the case, the Chair will entertain a motion. Mr. Chair, I move that V2013-11 Ball Homes LLC's appeal for variance to reduce the required 24-25-foot distance from the floodplain to 13 feet in order to construct a duplex and expansionary residential zone on property located at 3865 and 3869 Castle Bridge Lane be approved for the reasons recommended by the staff and subject to the conditions recommended by the staff. Very good. A second? Second. Thank you, Mr. Glover. All in favor signify by saying aye. Aye. Aye. Any opposed? Thank you, Ms. Wiseman. Thank you very much. I'd like to go ahead and call C2013-9 RFI Properties. The applicant will please come forward and state their name. My name is Mike Robbins. Mr. Chairman, members of the board, members of the staff, I'm here representing Foster Rowland Incorporated and our client, RFI Properties LLC. I have read the case report of the staff. We're in complete agreement with that. And at this time, I'd like to request a motion for approval. Very good. So you agree to the two conditions as recommended? Absolutely. Very good. Any questions from the board? Mr. Chairman, just for the record, this property did require a notice sign. The staff did place that sign on the property. and just wanted to note that for the record. Very good. Thank you, Mr. Emmons. No questions? I'll entertain a motion. Mr. Chair, I move to approve C-2013-9 RFI's properties, LLC's appeal for a conditional use permit to establish an indoor fitness facility in a light industrial I-1 zone at 2426 Palundo Drive as recommended by staff and subject to the two conditions outlined by staff. Thank you, Ms. Myers. Is there a second? All second. Mr. Greggs. All in favor, signify by saying aye. Aye. Any opposed? Thank you. Good luck. I'm very good. I want to take a step back for a second. We do have some minutes that need to be approved. I don't think that there's any other business items. We do have the October 26, 2012 minutes. I think the board has had a chance to review them. Are there any questions regarding the minutes from October 26th? If none, we'll hear a motion to approve. So moved. A second? Second. All in favor? Second. Any opposed? Thank you. We also received from Mr. Salee the minutes from the July 20th meeting a few days ago. Has the board had an opportunity to take a look at those? Very good. Are there any questions? If not, we'll entertain a motion to approve the minutes for July 20th. So moved. Second? Second. All in favor, signify by saying aye. Aye. Any opposed? Thank you. The minutes pass. I have a request. We have a situation that I think. Ms. Myers has a request to discuss a zip line and wanted to know if we could go off record to do that. How do we do that, Mr. Evans? She had a question for her. No? No. Okay. Never mind. Well, I think that we have actually read the agenda. Are there any other board items? Are there any staff items? The staff would just like to inform the board of a training opportunity. On March 13th from 4 o'clock to 5.30, there will be an APA training in the Division of Planning Office. And the title, Environmental Systems Assessment and Carrying Capacity. It will be good for one and a half hours of training. If you want to come, feel free to let anyone in the Division of Planning know, and we'll be happy to save a seat for you. Thank you very much. Can any of those training cassettes be checked out for training purposes, or do we have to physically attend the session down here? We do have recordings of most, if not all, of our training facilities, not facilities, the training programs that we have done. Barbara Rackers would be the best person to talk to. Just call the office, and we'll see about setting you up as best we can. And when I go back to the office, I'll mention it to her and let her know that you have an interest in that. So could I possibly do my training that way? Yeah. I think other board members have done that from time to time. Okay, sure. Very good. I'd like to note that at the next Board of Adjustment meeting on March 29th, I am not going to be here. My vacation has been planned for several months. I've asked Ms. Moore if she might be available, and she may have a conflict with the conference. So she's going to take a look at that. So I just wanted to make that a matter of record. She'd probably be the only one that I'll have to miss. With that said, if there's no other business before the board, do I hear a motion to adjourn? Very good. All in favor? Aye. Let it know it's 109. Thank you all very much. I'm a sugar, just like a young girl, yeah Thank you.