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# Board of Adjustment Meeting - November 21, 2014

> Auto-transcribed civic record · November 21, 2014

- **Permalink**: https://meetings.lexingtonky.news/meeting/3520
- **Source video**: https://lfucg.granicus.com/player/clip/3520?view_id=14&redirect=true
- **Date**: 2014-11-21
- **Last revised**: July 15, 2026
- **Length**: 952 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).

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## Meeting Overview

The Urban County Board of Adjustment met on November 21, 2014, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Barry Stumbo presiding. The board addressed four agenda items during the meeting, including approval of previous minutes, consideration of a conditional use appeal, a committee reappointment, and notification of the next meeting date. The board took two votes during the session and heard no public comments. All substantive matters brought before the board—the approval of minutes, the conditional use appeal for Malibu Jack's, LLC (case C-2014-71), and the Landscape Review Committee reappointment—were approved.

## Attendance

**Present:**
- Barry Stumbo
- Kathryn Moore
- James Griggs
- Janice Meyer
- Joan Whitman

**Absent:**
- Larry Forester
- Thomas Glover

**Late:**
None reported.

## Votes and Decisions

**Conditional Use Permit for Malibu Jack's, LLC (C-2014-71)** [timestamp: 00:04:36]

The Planning Commission voted unanimously to approve a conditional use permit for Malibu Jack's, LLC to add square footage to an indoor recreational facility in a B-4 zone at 3025 Blake James Drive. The motion was made by Kathryn Moore and seconded by Joan Whitman. All five commissioners voted in favor: Barry Stumbo, Kathryn Moore, James Griggs, Janice Meyer, and Joan Whitman.

The approval is subject to five conditions:

- The facility shall be operated and conducted in accordance with the submitted application and site plan, or as amended by the Planning Commission.
- All necessary permits shall be obtained from the Division of Building Inspection prior to any construction or remodeling of the building. Prior to a certificate of occupancy being obtained from the Division of Building Inspection, a zoning compliance permit shall be obtained from the Division of Planning.
- The final design of the parking lot shall be subject to review and approval by the Division of Traffic Engineering.
- The parking lot shall be paved, with spaces delineated, and landscaped/screened in accordance with the requirements of Articles 16 and 18 of the Zoning Ordinance and the approved Final Development Plan.
- A storm water management plan shall be implemented in accordance with the requirements of the adopted Engineering Manuals, subject to acceptance by the Division of Engineering.

**Reappointment of Richard Weber to the Landscape Review Committee** [timestamp: 00:06:10]

The Planning Commission voted unanimously to reappoint Richard Weber to the Landscape Review Committee. The motion was made by Janice Meyer and seconded by James Griggs. All five commissioners voted in favor: Barry Stumbo, Kathryn Moore, James Griggs, Janice Meyer, and Joan Whitman.

## Appointments

Richard Weber was reappointed to the Landscape Review Committee.

## Approval of Minutes

The minutes from the October 31, 2014 meeting were presented for approval [timestamp: 00:02:52].

A motion to approve the minutes was made by Janice Meyer and seconded by James Griggs. The motion was approved unanimously.

## C-2014-71: Malibu Jack's, LLC – Conditional Use Appeal

[timestamp: 00:03:30]

The Board considered a conditional use appeal for Malibu Jack's, LLC to expand an indoor recreational facility located in a B-4 zone.

**Staff Recommendation**

Staff recommended approval of the conditional use appeal based on the following findings:

- No adverse impact on surrounding properties
- Adequate parking availability
- Availability of public services to support the expansion

**Applicant Position**

Terry Hatton, representing Malibu Jack's, LLC, confirmed the applicant's agreement with all five conditions recommended by staff for the conditional use approval.

**Public Comment**

No public comments were made during the hearing.

**Outcome**

The Board approved the conditional use appeal for Malibu Jack's, LLC.

## Landscape Review Committee Reappointment

Staff presented the reappointment of Richard Weber to the Landscape Review Committee for another four-year term. [timestamp: 00:05:40]

The motion to reappoint Weber was made by Janice Meyer and seconded by James Griggs. The reappointment was approved unanimously.

## Next Meeting Date

The Chair, Barry Stumbo, announced that the next meeting would be held on December 12, 2014 [timestamp: 00:06:45]. This date was scheduled two weeks earlier than the usual meeting schedule to accommodate the Christmas holiday.

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## Decisions

- **C-2014-71** — passed: Approval of conditional use permit for Malibu Jack’s, LLC to add square footage to an indoor recreational facility in a B-4 zone at 3025 Blake James Drive
- **Motion** — passed: Reappointment of Richard Weber to the Landscape Review Committee

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## Full transcript

It's so hard to hold back when I'm holding you in my arms. We don't need to rush this. Let's just take it slow. Just a kiss on your lips in the moonlight. Just a touch of the fire burning so bright. No, I don't want to mess this thing up. No, I don't want to push too far. Just a shot in the dark that you just might be the one I've been waiting for my whole life. So maybe I'm alright with just a kiss of mine. I know that if we give this a little time, it'll only bring us closer to... I'd like to go ahead and call the meeting, the November meeting of the Board of Adjustments to order. If you all, just a couple of housecleaning, if you have any cell phones, please turn them off. And if you need to take a call, please do so out in the lobby. Anyone who's going to speak, would you stand and raise your right hand, please? Anyone that's going to speak? If you're the applicant, you're going to speak. Do you agree to tell the truth and nothing but the truth? I do. Thank you. Well, I believe that we had some minutes October mailed to us. Has everybody had an opportunity to take a look at them? Go ahead. This was for October. They were emailed to me. The October minutes were emailed. They were not sent hard copy. But there is a hard copy in your packet. Do you want to wait until the end and see if you look at it? I want you to just move on with it. I'll just put it in there. Do you want to? She has all read them. Okay. We'll just take a minute. I know a couple folks haven't had an opportunity to look at them. If you had an opportunity to look at them, I'd entertain a motion. Mr. Chair, I move that we accept the October 31st, 2014 minutes. Thank you, Ms. Meyer. Is there a second? All seconds. Mr. Gregg, second. All in favor, signify by saying aye. Aye. Any opposed? Very good. Minutes are approved. Well, I don't know if there might be some sort of misprint in the agenda, but I see one agenda item here. In my eight years on this board, I think this is the first time I've seen one agenda item on our board. I'd like to ask Malibu Jack, is the applicant present? Please step forward and state your name for the record. My name is Terry Hatton. Very good. Let me ask you if you've read the staff's report, and they've actually recommended approval. That's correct. Subject to five conditions. Have you agreed to abide by those conditions? We do agree to that. Very good, Mr. Haddon. I'd like to ask the staff or certainly the board if they have any questions of the applicant. If not, the chair will entertain a motion. Excuse me, Mr. Salee. No one in opposition? I should have asked that question. No questions from the board? If not, the chair will entertain a motion. Mr. Chair, I move that C-2014-71 Malibu Jacks LLC's appeal for a conditional use permit to add square footage to an indoor recreational facility in a wholesale and warehouse business B-4 zone at 3025 Blake James Drive be approved for the reasons recommended by the staff and subject to the five conditions recommended by the staff. Thank you, Ms. Moore. Is there a second? Second. Ms. Whitman, second. All in favor, signify by saying aye. Aye. Any opposed? Thank you very much. Good luck. I believe that we have reached the end of our agenda. I know that you've distributed the minutes or the meeting and filing schedule for 2015. You all have that golden copy. I'd like to ask if the staff wish to present any information. I see you've got the Landscape Review Committee listed. Is there anything you'd like to address? Yes, sir. There is. need to reaffirm the membership of the Landscape Review Committee. That's primarily, I believe, Mr. Richard Weber to be reappointed to serve on the Landscape Review Committee. His term expires at the end of this month. He has agreed to serve again. Whose term expires? Mr. Richard Weber. He is a local landscape architect. Very good. And he has to be appointed. We need a motion to that effect then? Yes, sir. I move we reappoint Richard Weber to the Landscape Review Committee. Thank you, Ms. Meyer. Is there a second? Second. Mr. Griggs, second. All in favor signify by saying aye. Aye. Any opposed? Very good. Mr. Weber will continue to serve. And I'd like to note that the next meeting date is a little bit early. It's two weeks earlier because of the Christmas holiday, so it will be on December 12th. Does any of the board have any other issues to come before us? I'd like to, before we adjourn, I would like to ask the board if they would like, if we could go into a work session, If there's anything that, any issue that you might have that you'd like to discuss with the board or with staff, we can certainly do that. And I'll ask the board what's their pleasure. Does anybody have anything that they'd like to share? Unless we talk a little bit about some of the points that we picked up in our seminar with David Pye. Yes. With David Pye. Thank you. Okay. Well, I assume that we adjourn this meeting and go into a very good. This meeting stands adjourned. Is there anything particular? Thank you.
