# Board of Adjustment - December 13, 2013 > Auto-transcribed civic record · December 13, 2013 - **Permalink**: https://meetings.lexingtonky.news/meeting/3187 - **Source video**: https://lfucg.granicus.com/player/clip/3187?view_id=14&redirect=true - **Date**: 2013-12-13 - **Last revised**: July 15, 2026 - **Length**: 2,268 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 December 13, 2013, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky. Barry Stumbo presided over the meeting, which included 10 agenda items addressing routine administrative matters and substantive appeals. The board took 6 votes during the session and heard 5 public comments from members of the community. The meeting covered standard procedural items including attendance, approval of previous minutes, and scheduling matters. The board approved minutes from the prior meeting and postponed or withdrew certain scheduled business items. Two substantive categories of appeals were addressed: the board approved Variance Appeals and Conditional Use Appeals. The agenda also included informational items related to board business, staff updates, and notification of the next scheduled meeting date before the board adjourned. ## Attendance The following individuals were present at the meeting: * Barry Stumbo * Joseph Smith * Janice Meyer * James Griggs * Noel White * Thomas Glover * Kathryn Moore Neptali Diaz arrived late to the meeting. No members were absent. ## Votes and Decisions **Approval of November 15, 2013 Meeting Minutes** [timestamp: 00:03:35] Motion by Thomas Glover, seconded by Janice Meyer. The minutes from the November 15, 2013 meeting were approved unanimously. All seven members voted in favor: Barry Stumbo, Joseph Smith, Janice Meyer, James Griggs, Noel White, Thomas Glover, and Kathryn Moore. **Case C-2013-62: Postponement of K. Wesley Farley's Conditional Use Permit Appeal** [timestamp: 00:01:01] Motion by Kathryn Moore, seconded by Noel White. The postponement of K. Wesley Farley's conditional use permit appeal for retail sale of antiques and home furnishings in the I-1 zone at 573–575 Maryland Avenue was approved unanimously by all seven members. **Case C-2013-74: Barbara Dale's Family Child Care Conditional Use Permit** [timestamp: 00:08:37] Motion by Janice Meyer, seconded by Kathryn Moore. Approval of Barbara Dale's conditional use permit for family child care for up to 12 children in the R-1C zone at 4189 Forsythe Drive passed unanimously. Seven conditions were imposed, including operation hours of 6:00 am to 6:00 pm Monday through Friday, requirements for necessary permits and fencing outside the floodplain, compliance with Kentucky Cabinet for Health and Family Services regulations, and a requirement that the conditional use become null and void if the applicant no longer resides at the location. **Case C-2013-78: Elna Marie Phillips' Family Child Care Conditional Use Permit** [timestamp: 00:10:49] Motion by Kathryn Moore, seconded by Joseph Smith. Approval of Elna Marie Phillips' conditional use permit for family child care for up to 12 children in the M-1P zone at 423 Fairdale Drive passed unanimously. Four conditions were imposed regarding compliance with the submitted application, obtaining necessary permits prior to serving more than six children, compliance with state regulations, and nullification if the applicant no longer resides at the location. **Case C-2013-79: Center Point Church's Conditional Use Permit** [timestamp: 00:12:01] Motion by Noel White, seconded by Thomas Glover. Approval of Center Point Church's conditional use permit to establish a church in the B-3 zone at 1300 E. New Circle Road passed unanimously. Three conditions were imposed regarding compliance with the submitted application, obtaining necessary permits, and requiring Board approval for any future expansion. **Case V-2013-77: Neptali Diaz's Variance Appeal** [timestamp: 00:14:15] Motion by Thomas Glover, seconded by James Griggs. Approval of Neptali Diaz's variance appeal to reduce the required side yard from 8 feet to 1.5 feet in the R-1C zone at 1910 Picadilly Street passed unanimously. Two conditions were imposed requiring building permits with utility company encroachment agreements and completion of all permits within four months. ## Public Comment **K. Wesley Farley** [timestamp: 00:01:01] Mr. Farley requested a postponement of his conditional use permit appeal. He indicated the need for additional time to amend his application to include a variance and to better prepare his supporting materials. **Mr. Emmons** [timestamp: 00:02:01] Mr. Emmons informed the board that the appeal for Central KY United, Inc. had been withdrawn by the applicant, requiring no further board action. **Mr. Emmons** [timestamp: 00:07:34] Mr. Emmons provided a staff update regarding Barbara Dale's submission, clarifying that no new letters had been received since the November meeting. He noted that the only new submission was Ms. Dale's response to the prior packet. **Mr. Emmons** [timestamp: 00:10:17] Mr. Emmons clarified a zoning designation matter, explaining that "Mobile Home Park" is the legal title of the M-1P zone and not a stylistic emphasis. **Mr. Emmons** [timestamp: 00:14:51] Mr. Emmons concluded the public comment period by thanking the board for their service and extending holiday greetings, wishing them a Merry Christmas and Happy Holidays. ## Attendance The meeting was called to order at 1:30 p.m. in the Council Chambers [timestamp: 00:00:00]. All listed members were present, with the exception of Neptali Diaz, who arrived late. ## Approval of Minutes The minutes from the November 15, 2013 meeting were presented for approval. [timestamp: 00:03:35] Thomas Glover moved to approve the minutes, and Janice Meyer seconded the motion. The minutes were approved unanimously. ## Postponement or Withdrawal of Scheduled Business Items [timestamp: 00:01:01] Two items were addressed during this portion of the meeting regarding postponement and withdrawal of scheduled business. K. Wesley Farley requested a postponement of his conditional use application. The board unanimously approved the postponement, with the matter rescheduled for January 31, 2014. Additionally, Central KY United, Inc. was noted as having withdrawn their appeal from the scheduled business items. ## No Discussion Items [timestamp: 00:02:32] The board confirmed that there were no items designated as requiring no discussion. All cases under consideration were subject to review or had objections raised, meaning each item required full board attention and deliberation. ## Variance Appeals The board heard a variance appeal from Neptali Diaz requesting a reduction in side yard requirements from 8 feet to 1.5 feet. [timestamp: 00:12:31] Key speakers on this matter included Neptali Diaz, James Griggs, and Thomas Glover. The board approved Diaz's variance appeal, subject to two conditions: - An encroachment agreement must be obtained - Permit timelines must be met as specified The approval allows the applicant to proceed with the reduced side yard setback of 1.5 feet rather than the standard 8-foot requirement. ## Conditional Use Appeals The board considered and approved three conditional use appeals during this agenda item. **Applicants and Approvals:** The board approved conditional use appeals for the following: - **Barbara Dale** — family child care in an R-1C zone - **Elna Marie Phillips** — family child care in an M-1P zone - **Center Point Church** — church use in a B-3 zone Each approval was granted subject to specific conditions established by the board. **Key Participants:** The discussion involved applicants Barbara Dale and Elna Marie Phillips, as well as board members Jeff DeMoss, Janice Meyer, Kathryn Moore, Noel White, Thomas Glover, and James Griggs. **Outcome:** All three conditional use appeals were approved by the board. [timestamp: 00:04:09] ## Board Items No board members presented any items for discussion during this agenda item. [timestamp: 00:14:51] ## Staff Items [timestamp: 00:14:51] No staff items were presented for discussion during this portion of the meeting. Mr. Emmons offered holiday greetings to the board, concluding this agenda item. ## Next Meeting Date The next meeting was announced to be held on January 31, 2014. [timestamp: 00:15:25] Thomas Glover provided this announcement to the body. ## Adjournment The meeting was adjourned at 1:54 p.m. following the completion of all business on the agenda. [timestamp: 00:15:25] --- ## Decisions - **Motion** — passed: Approval of minutes from November 15, 2013 meeting - **C-2013-62** — postponed: Postponement of K. Wesley Farley's conditional use permit appeal for retail sale of antiques and home furnishings in I-1 zone at 573–575 Maryland Avenue - **C-2013-74** — passed: Approval of Barbara Dale's conditional use permit for family child care for up to 12 children in R-1C zone at 4189 Forsythe Drive - **C-2013-78** — passed: Approval of Elna Marie Phillips' conditional use permit for family child care for up to 12 children in M-1P zone at 423 Fairdale Drive - **C-2013-79** — passed: Approval of Center Point Church's conditional use permit to establish a church in B-3 zone at 1300 E. New Circle Road - **V-2013-77** — passed: Approval of Neptali Diaz's variance appeal to reduce required side yard from 8 feet to 1.5 feet in R-1C zone at 1910 Picadilly Street --- ## Full transcript Ladies and gentlemen, if I could have your attention, we'll go ahead and get started with the December Board of Adjustment meeting. Before we begin, I would ask that everybody please turn off all cell phones, and if you need to take a call, please do so outside. Anybody that is planning on speaking today, would you please stand up and raise your right hand? Do you agree to tell the truth and nothing but the truth? Thank you. Before I read the agenda, Mr. Emmons, do we have any withdrawals, postponements? Oh, there is a postponement request from someone in the audience. I'll let them go first. Yes. You want to take the mic and please state your name for the record. Okay. My name is Kay Wesley Farley for the Ugly Duckling LLC. I'd like to request a postponement. I've amended my conditional use application to include a variance, and so I'd like to postpone it to get everything ready for that. Mr. Farley, how long do you need? 30 days? Can you come back in January? January will be fine. Very good. Do we have a motion to postpone this request until January meeting? Thank you, Ms. Moore. Do we have a second? Second. Second. All in favor signify by saying aye. Aye. Thank you. We'll see you in January. Mr. Chairman, if there are no other postponements or withdrawals from the audience, the staff would like to direct your attention on page two to the item just under that, Central Kentucky United, Inc., a.k.a. United Talent, located at 1709 Jaggy Fox Way. The board last month did postpone it to this meeting. And subsequent to that action, the applicant on November 26th withdrew this request, as it's noted on your agenda. This does not require any action of the board. Just note that it has been withdrawn by the applicant and will not be heard today. Very good. Thank you, Mr. Emmons. I'm going to go ahead and read the agenda. And if there's no opposition, we'll hear those cases first. First, if there is opposition, then we ask you to step in the hall and try to resolve those cases that staff has recommended disapproval, which is actually not the case today. But I'd like to ask item V, 2013-77, Naptali Diaz. Is the applicant here? I do not see him in the audience. I did talk to him on the phone yesterday, and he said he was planning on being here. I would suggest that we just kind of wait and take it later in the agenda. Thank you, Mr. Simmons. We'll call that one a little later. The next item I have is Barbara Dale. Is the applicant here? Thank you. Is there any opposition? Is there any opposition to Ms. Day? All righty. Eleanor Marie Phillips, is the applicant here? Is there anyone in opposition to Ms. Phillips? Okay. Centerpoint Church, the applicant is here. Is there any opposition to Centerpoint Church? Very well. We'll take a look at Mr. Diaz later. I do think before we get started, we have some minutes for the Board of Adjustment special meeting. November 15th, as the Board had an opportunity to look those over. If there are no changes, I'd like to ask for a motion to approve. Mr. Chairman, I move to approve the minutes of November 15th. Thank you, Mr. Glover. Do we have a second? Second. Thank you, Ms. Meyer. All in favor, signify by saying aye. Aye. Any opposed? Very good. Well, the first case on our agenda, item C-2013-74, Barbara Dale. Hello. Would you state your name for the record, please? Barbara Dale. Ms. Dale, the staff has recommended approval subject to seven conditions. Have you read those seven conditions and agreed to abide by them? I do. Very good. I'd like to ask the board if they have any questions of Ms. Dale. Ms. Dale. Yes, ma'am. So as to the number of children in your household, your letter that came earlier this month to the Board of Adjustment, do you have children in your household right now living with you? No, ma'am. They moved out. Okay. They moved out in November 22nd that day. I had five children, which were my grandchildren and my daughter, and they were living in the basement, but I needed that space for the daycare, so no, ma'am, they moved. So this is strictly, you know, you're going to have strictly daycare children? Yes, ma'am. Okay. And I have a question for Steph. So I noticed in the letter that she said she plans to hire two employees. Is there any problem with that, with the conditional use permit? Are there restrictions? There's not. It's the staff's understanding that that is a state law requirement for licensing of family child care and that there are minimum ratios that have to be met depending on the age of the children. Generally for family child care for up to 12, it's usually two or three persons, and one is presumed to be the resident, which under the ordinance has to be one of the caregivers. And it doesn't affect the parking requirements? No, the parking requirement is for one additional space besides the one required for the dwelling. This is for staff also. If you're going to have 12 children, 12 paying customer children, and you have a large number of grandchildren, are the grandchildren allowed to be there while they have 12 paying customers? No. I'm not sure about for as many as 12 children. My understanding of the state regulations before, for many years ago, were that for family child care of up to six children, which is an accessory use in our residential zones, that it did, that number did include any children that were residing in the dwelling. I'm not sure if that's the case for up to 12 children or not. Did you have any? I mean, if there is grandchildren, they are counted in that 12. So you should never have more than 12 children there under your care or your employees' care? No, never. Thank you. Does any other board member have any questions for Ms. Dale? Mr. Emmons? Mr. Chairman, if I can point out for the record, the staff has not received any new letters since the packet of information and letters that were passed out at your last meeting in November. I can circulate those letters. The only thing new that was submitted was the information that Ms. Dale submitted in response to the packet that was submitted at your November hearing. And I've placed some copies for the board, paper copies. It is the same information that we had in the PDF that we emailed out to you last week. If you would like me to re-pass out any of those letters, and I've got at least one extra copy, a paper copy, of Ms. Dale's packet, if the board has. Thank you, Mr. Sanders. I have my copy. Does anybody need to take a look at a copy? No. Very good. Is there any other questions of the applicant? If there's no other question for the applicant, the chair will entertain a motion. Mr. Chair, I move we approve C-2013-74, Barbara Dale's appeal for a conditional use permit to provide family child care for up to 12 children in a single-family residential R1C zone at 4189 Forsyth Drive, as recommended by staff and subject to the seven conditions outlined by staff. Thank you, Ms. Meyer. Is there a second? Second. Second by Ms. Moore. All in favor of C-5 are saying aye. Aye. Any opposed? Your motion carries. Thank you. Good luck. The next case, Eleanor Marie Phillips is the applicant. Please come forward and state your name for the record. My name is Eleanor Phillips. Ms. Phillips, the staff has recommended approval for your appeals for a conditional use permit subject to four conditions. Have you read those four conditions? Yes, sir, I have. You agreed to abide by them? Yes, sir. Very good. Does any member of the board have any questions for Ms. Phillips? Hearing none, it's your own. I'll take a motion. I'm sorry, Mr. Clever. Ms. Phillips, the only thing I noticed really, and the only thing that separates you from the one we had just before you, is the fact that this is in a mobile home park, and the mobile home park is all caps. I don't know what that means. I don't either, sir. I've lived there for 15, actually my oldest daughter is 21, so we've been there 20 years. And this is something he's actually asked me to do for the last 10. Yeah. I'm just getting to it. Okay. Are the regulations by the Kentucky Cabinet for Health and Family Services any different for? No, sir. All right. I don't have any other questions. Thanks. To answer why Mobile Home Park is capitalized, that is the legal title of the M1P zone. It's the Mobile Home Park zone. It's a zoning category much like a single-family residential R1C zone. Okay. It wasn't not for any emphasis. It's the legal title of the zone. Okay. Fair enough. Thanks. Thank you, Mr. Emons. Are there any other questions for Ms. Phillips? If not, the chair will entertain a motion. Mr. Chair, I move that C-201378 L. Marie Phillips appeal for a conditional use permit to provide family child care for up to 12 children in a mobile home park M1P zone at 423 Fairdale Drive, Council District 1, be approved for the reasons recommended by the staff and subject to the four conditions recommended by the staff. Thank you, Ms. Moore. Is there a second? Second. Mr. Smith, seconds. All in favor signify by saying aye. Aye. Any opposed? Motion carries. Thank you. Good luck. Centerpoint Church, would the applicant please step forward and state your name for the record, please? Jeff DeMoss with Centerpoint Church. Mr. DeMoss, the staff has recommended approval for your conditional use permit to establish a church at 1300 East New Circle Road subject to three conditions. Have you read those conditions? Yes, we have. And you agree to abide by them? Yes. Does anybody on the board have a question? If not, the Chair will entertain a motion. Mr. Chair, I move to approve C-2013-79 Centerpoint Church's appeal for a conditional use permit to establish a church in a highway service business B-3 zone at 1300 New Circle Road, East New Circle Road. as recommended by staff and subject to the three conditions as recommended by staff. Thank you, Ms. White. Do we have a second? Second. Mr. Glover, thank you. All in favor signify by saying aye. Aye. Any opposed? You've got it. Thanks. Good luck. Is the gentleman that walked in a little bit late, is that Mr. Diaz? Mr. Diaz, why don't you come forward and state your name for the record, please? My name is Neftali Diaz. Very good. Mr. Diaz, the staff has recommended approval subject to two conditions. Have you read those conditions? Yes, sir. And agreed to abide by those conditions? Yes, sir. Very good. Does the board have any questions for Mr. Diaz? Mr. Griggs? Did you build this shed yourself? Yes, sir. Do you have construction experience? Yes. My brother has, but not a whole lot. I was wondering how you decided how far to put it away from the property line, and how you decided what size roof framing members used. I'm sorry. I based it off a Home Depot model. I went to Home Depot, and I based it off of that. and then my neighbor has one that's a little bit smaller than mine, which is a little bit closer to my line. And that's how I thought it wasn't going to be required a permit, but I guess it is. Thank you. I have some sympathy for you, Mr. Diaz. I did almost exactly the same thing about 25 years ago in my side yard. But don't tell anybody. We will not hold that against you, Mr. Glover. Does anybody else have any questions for Mr. Diaz? If not, the chair will entertain a motion. Mr. Chair, I move that we approve the 2013-77 Naptale-Diaz appeal for a variance to reduce the required side yard from 8 feet to 1 1⁄2 feet in order to retain a detached storage shed in a single-family residential zone at 1910 Piccadilly Street for the reasons stated by staff and subject to the two conditions stated by staff. Thank you, Mr. Glover. Is there a second? I'll second. Mr. Griggs, second. All in favor signify by saying aye. Aye. Any opposed? Congratulations. Thank you, sir. Thank you. I'll ask if any board member has anything to present or to be heard at this time. Staff, do you have anything? Mr. Chairman, nothing other than to thank the board for their service this year and to wish you all a very, very Merry Christmas and Happy Holidays. Thank you. Well, Mr. Salee, we wish you the same. We will see you next year. And it looks like we've got almost a record Board of Adjustment meeting today, so there's plenty of time for shopping for everyone. Thank you all so much, and this will conclude. We're adjourned. The date of our next meeting, Mr. Glover, is January 31st. Yeah, but it's six weeks away. I'll be here. Very good. I look forward to seeing you. Thank you.