# Board of Adjustment Meeting - February 28, 2014 > Auto-transcribed civic record · Board · February 28, 2014 - **Permalink**: https://meetings.lexingtonky.news/meeting/3267 - **Source video**: https://lfucg.granicus.com/player/clip/3267?view_id=14&redirect=true - **Date**: 2014-02-28 - **Body**: Board - **Last revised**: February 19, 2026 - **Length**: 1,741 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed by OpenAI Whisper-1. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Speaker labels and 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 convened on February 28, 2014, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Kathryn Moore presiding as the meeting officer. The board addressed two agenda items during the session, focusing on conditional use permit matters affecting local institutions. The meeting included one public comment period, allowing community input on the matters under consideration. The board took two formal votes during the proceedings, resulting in one item being postponed and another receiving approval. Overall, the session dealt with zoning and land use issues for religious and educational institutions within the urban county jurisdiction. ## Attendance The following Board members were present at the February 28, 2014 meeting: • Kathryn Moore • Joseph Smith • Janice Meyer • James Griggs • Noel White The following Board members were absent: • Barry Stumbo • Thomas Glover No Board members arrived late to the meeting. ## Votes and Decisions The Board of Adjustment considered two conditional use permit applications during the February 28, 2014 meeting. **Case C-2014-10 - Lexington Friends Meeting Amendment** [timestamp: 02:00] James Griggs made a motion to postpone the request to amend an existing conditional use permit for Lexington Friends Meeting, seconded by Noel White. The motion to postpone passed unanimously with all five board members voting in favor: Kathryn Moore, Joseph Smith, Janice Meyer, James Griggs, and Noel White. No members voted against or abstained from the decision. **Case C-2014-9 - Transylvania University Dormitories** [timestamp: 10:00] James Griggs moved to approve the request for a conditional use permit for Transylvania University to construct dormitories and parking, with Janice Meyer providing the second. The motion passed unanimously 5-0, with all board members voting in favor: Kathryn Moore, Joseph Smith, Janice Meyer, James Griggs, and Noel White. No members voted against or abstained. The approval for Transylvania University came with five conditions attached, including a requirement for a typo correction and a change in the number of years allowed for the project build-out phase. The specific details of all five conditions were incorporated into the final approval. Both votes demonstrated unanimous support from the five-member board, with no dissenting votes or abstentions recorded on either matter. The postponement of the Lexington Friends Meeting case suggests the board required additional information or time to properly consider that application before making a final determination. ## Public Comment During the public comment period, one community member addressed the Board regarding ongoing development concerns in the area. **Patti Scott** spoke to the Board about issues related to Transylvania University dormitory construction [timestamp: 15:00]. Scott raised multiple concerns about the project's impact on neighboring properties, including: • The height of the proposed buildings and their proximity to her property • Potential issues with outdoor lighting from the development • Construction hours and their effect on the surrounding neighborhood Scott's comments highlighted community concerns about how the university's expansion plans might affect adjacent residential areas, particularly regarding building scale, lighting impacts, and construction scheduling. ## Contested Items The February 28, 2014 Board meeting featured one contested item regarding Transylvania University's dormitory construction project. **Transylvania University Dormitory Construction** Community member Patti Scott raised concerns about the university's dormitory construction project and its impact on neighboring properties. Scott specifically cited issues with construction noise and the proximity of the new dormitory to her property as primary concerns affecting residents in the area. The nature of Scott's opposition centered on the direct effects the construction was having on nearby homeowners, suggesting that the building project was creating disruptions for the surrounding community. Her testimony represented broader community concerns about how the university's expansion plans were affecting residential neighbors. The meeting records do not indicate a specific resolution or outcome regarding Scott's concerns about the dormitory construction project during this particular Board session. ## Lexington Friends Meeting Conditional Use Permit Amendment [timestamp: 02:00] The Board considered agenda item C-2014-10, a request to amend an existing conditional use permit for the Lexington Friends Meeting. The proposed amendment would allow childcare services for 80 or fewer children and include the addition of a play area and a handicap accessible entry to the facility. Chris Westover served as the key speaker presenting this conditional use permit amendment request to the Board. The item was scheduled for discussion during the meeting, indicating the Board intended to review the details of the proposed changes to the existing permit conditions. The amendment represents modifications to the current approved uses at the Lexington Friends Meeting location. However, the Board ultimately decided to postpone consideration of this agenda item. No details were provided in the available materials regarding the specific reasons for the postponement or when the item might be rescheduled for future consideration. The conditional use permit amendment would have allowed the religious organization to expand their services to include structured childcare operations while also improving accessibility and outdoor recreational facilities for children. The postponement means these proposed changes will need to be reviewed at a subsequent Board meeting before any decision can be made on the permit modification request. ## Transylvania University Conditional Use Permit [timestamp: 10:00] The Board considered agenda item C-2014-9, a request for a conditional use permit to allow Transylvania University to construct dormitories and parking facilities accessory to a school for academic instruction. Key speakers during the discussion included Chris Westover and Patti Scott, who presented details about the proposed development project. The conditional use permit would enable the university to expand its residential facilities to accommodate students and provide necessary parking infrastructure to support the academic campus. The request involved construction of new dormitory buildings that would serve as student housing, along with associated parking areas. As an educational institution, Transylvania University required the conditional use permit to proceed with these facilities that are considered accessory uses to the primary academic instruction function of the school. Following discussion of the proposal, the Board approved the conditional use permit request, allowing Transylvania University to move forward with their plans for the dormitory and parking construction project. --- ## Decisions - **C-2014-10** — postponed (5-0): Request to amend an existing conditional use permit for Lexington Friends Meeting - **C-2014-9** — passed (5-0): Request for a conditional use permit for Transylvania University to construct dormitories and parking --- ## Full transcript Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia, una poca de gracia Para bailar la bamba, para bailar la bamba necesito una poca de gracia Para bailar la bamba necesito una poca de gracia And first I'd like to ask anybody who plans to testify, please stand And raise your right hand. Do you affirm that you will tell the truth? Thank you, and if you have a cell phone, please turn it down. Okay, so we'll begin by sounding the agenda First case is C-2014-9 Transylvania Park. It's the applicant here Okay, is there anyone here in opposition? C-2014-10 Lexington Friends Meeting, it's the applicant here. Okay, is anyone here in opposition? Okay, we're talking. Do you want to continue to talk or should we go ahead with the first one? Hi, good afternoon. I'm Chris Westover. I represent the Lexington Friends Meeting. And I'm here actually to request a three-month postponement. The friends have been meeting with the neighbors and very much want to work things out And it will take more time, so we respectfully request a three-month postponement. That would be to your May 30th meeting. Okay, and do you object? No. Okay, does anyone object? Do we need a motion or can we just? Okay. So moved. All those in favor, say aye. Aye. Opposed? Thank you. Okay, so we'll now call C-2014-9 Transylvania University's request for a conditional use permit to construct dormitories and parking accessory to a school for academic instruction in a high-density apartment R4 zone at 333 and 334 North Broadway and 456 West 4th Street in a high-density apartment R4 historic district overlay zone at 331 North Broadway. The applicant, please come forward. You're representing them as well? Yes. Do you want to come forward? Good afternoon. I'm Chris Westover, representing Transylvania University. And with me today is Mark Matthews, who is the Vice President for Finance and Business, the Chief Financial Officer for Transylvania University, and John Carman, who is the designer for the project. We have read the staff report. And we agreed to abide by all the conditions. One slight change, I've discussed this with the planning staff, is the timing. And in the one condition, it says to exercise the permit within three years and have a full build-out in five years. We would request to have full build-out in five years. We would request to have full build-out after the three years for seven years. In other words, we would have ten years from start to finish. And I've spoken with the staff. And I believe that the staff is agreeable to that as well. Mr. Sullivan? We spoke earlier in the week, or late last week, with the staff. The staff have recommended that we have five additional years after exercising the permit. We do not see a material difference, except in the time additional two years, as they have requested. Thank you. So does anyone on the board have any questions? I'm okay. Okay. No questions? Staff, no additional comments? The only other comment I would have is just about that additional one typo. It is on the second to last line. Anyone like to bring a motion? I'll make a motion. Do I push this button here? Request to please? You can just make the motion. How do you make it? I mean, I need a microphone on, right? Oh, never mind. I've got it. I want to just confirm if the audience wishes to speak. Did anyone in the audience wish to speak? Can I just do it from here? Please come to the microphone. And state your name for the record. I'm sorry. I thought you... I don't understand. My name is Patty Scott. My husband and I live at 325 North Broadway in a house that his great-grandfather built in 1885, and his family has always been there. We've been there for 40 years. We've been involved in many Transylvania construction projects with mixed results. We are not opposed to the dorms at all, but we do have some concerns based on our previous experience and Mark has been kind enough to go over these with me. We were concerned about the height of the buildings, how close to our property line, and I think they're going to be about 50 feet from our garage, which is very close to our backyard as well. The outdoor lighting, he has already addressed for me today, and the construction hours. When the Beck Center across Broadway was being built, the workers started sometimes before daylight and worked until after dark. One time they started at 3 a.m. So this is kind of a concern of ours, since it's going to be so close to our backyard. Very close. We would like some restrictions on the work hours and maybe weekends free. He's told me about the chain link fence and another concern, which I forgot to mention Mark, is the cooling and heating system for this. There is a cooling tower, which you will see on your prints, that is 50 feet from our backyard. We've had a noise problem with this since 1989 when it was put in. I did forget to ask you about the heating and cooling, Mark, for the new dorms. So, that's it. Are you requesting that there be changes in the conditions? No, those are just our concerns that we would like for everyone to be aware of, and I think Trancy is aware of them. So do you feel comfortable then if we approve this as it's proposed with the changes? With these concerns noted. Thank you. Ms. Westover, do you have any comments? Yes, thank you. The heating and cooling towers are not going to be changed in this application, and this application does not in any way affect those towers. In terms of the construction noise, there is a noise ordinance, and there are limits on that sort of activity, and certainly Transylvania University would follow the noise ordinance. And any time the neighbors have any kind of a question or a problem about this, the university has been, over the last several years, very good at responding to citizen concerns. So I think that there will be means in place to provide those kinds of protections. Ms. Westover, right here. Just out of curiosity, was there much reach out to the neighborhood when this was in the initial planning stages? Had you contacted this neighbor and let them know that these dorms were being considered before the architect was too far along, in other words? There have been meetings. There have been, I believe, at least two Northside Neighborhood Association meetings and there has been a reach out. Certainly there's the notice, but there has been a dialogue with the neighbors about this. And I believe that the Scots and Transylvania are frequently in touch and communicate on a regular basis. So that this building being five stories shouldn't have been a surprise that she just discovered in the last couple weeks since the notification of this hearing? Everyone understood it was going to be five stories, right? Or four stories, excuse me. Okay, well thank you. You ready for a motion? We have a motion. Do you want to make it clear that you're moving with it? I move that we approve C-2014-9 Transylvania University's request for a conditional use permit to construct the dormitories and parking accessory to a school for academic instruction in the high-density apartment zone at 333 and 345 North Broadway and 456 West 4th Street in the high-density apartment, our four-zone historic district overlay H1 zone at 331 North Broadway based on the staff's recommendations of approval and subject to the five conditions noting that there's a small typo in condition one and the change in the number of years as posted in this meeting that was which condition? Condition three, excuse me. Is there a second? Second. All those in favor, please say aye. Aye. Opposed? Motion passes. Okay. Are there any items a board member wishes to present at this time? Okay. Anything that's not on the agenda? Okay. Anything the staff wishes to present? All right. Thank you, and our next meeting will be on March 28, 2014. If there's no further business, we're now adjourned. Thank you.