# Board of Adjustment - September 25, 2015 > Auto-transcribed civic record · September 25, 2015 - **Permalink**: https://meetings.lexingtonky.news/meeting/3780 - **Source video**: https://lfucg.granicus.com/player/clip/3780?view_id=14&redirect=true - **Date**: 2015-09-25 - **Last revised**: September 25, 2015 - **Length**: 1 words > ⚠️ **Auto-generated content.** The transcript on this page is the Granicus stenographer's live closed-captioning track, captured at the time of broadcast (typos and broken sentences common). Speaker labels come from the same track. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Verbatim wording and speaker attribution may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The County Board of Adjustment Planning Services Section convened on September 25, 2015, at 1:30 p.m. in the Council Chambers at 200 East Main Street, Lexington, KY. The board addressed eight agenda items consisting of variance appeals, conditional use appeals, and administrative reviews from various applicants including property owners, businesses, and organizations. During the meeting, the board took eight votes on the presented cases. The majority of applications were approved, with six cases receiving favorable decisions and two being denied. The denied applications were LEX PROPERTIES, LLC's variance appeal and STARSTONE, LLC's administrative review. Approved cases included variance appeals from LEWIS WARDEN, conditional use appeals from ST. JOHN'S LUTHERAN CHURCH, INC., ELIZABETH SLONE, MEREDITH EASTBURN, and DR. ANDREW P. & CHARLSEY Y. SHROYER, as well as an administrative review for ANDOVER CONSTRUCTION. No public comments were recorded during this meeting, indicating the session focused primarily on the board's deliberation and decision-making on the scheduled agenda items. The meeting demonstrated the board's role in reviewing and ruling on various zoning and land use matters within the county's jurisdiction. ## Votes and Decisions The meeting addressed eight appeals and applications, with six approvals and two denials. **Approved Items:** • **V-2015-59**: LEWIS WARDEN's variance appeal to reduce the required side yard for a detached garage was approved. The approval included conditions that the garage shall be constructed in accordance with the submitted application and site plan, and all necessary permits must be obtained. • **C-2015-51**: ST. JOHN'S LUTHERAN CHURCH, INC.'s conditional use permit for church expansion and child care facility increase was approved. The approval came with specific conditions regarding expansion in accordance with the submitted application and site plan, including requirements for landscaping, lighting, and property consolidation. • **C-2015-54**: ELIZABETH SLONE's conditional use permit to operate a home occupation for licensed massage therapy was approved. Conditions included operation in accordance with the submitted application and site plan, with requirements for proper licensure and compliance with zoning ordinance. • **C-2015-55**: MEREDITH EASTBURN's conditional use permit to operate a home occupation for handicrafts was approved. The approval included conditions for operation in accordance with the submitted application and site plan, with requirements for permits and zoning ordinance compliance. • **C-2015-57**: DR. ANDREW P. & CHARLSEY Y. SHROYER's conditional use permit to operate a veterinary office/animal hospital was approved. Conditions included operation in accordance with the submitted application and site plan, with requirements for permits and a restriction that no overnight boarding would be permitted except for medical purposes. • **A-2015-56**: ANDOVER CONSTRUCTION's administrative appeal to construct a second kitchen in a single family residence was approved, with the condition that the second kitchen does not constitute an independent dwelling unit. **Denied Items:** • **V-2015-52**: LEX PROPERTIES, LLC's variance appeals related to setbacks and parking requirements failed. • **A-2015-58**: STARSTONE, LLC.'s administrative appeal of the Division of Planning's Notice of Violation failed. Specific vote counts and individual board member votes were not recorded in the available data. ## LEX PROPERTIES, LLC - Variance Appeals The board considered variance appeals from Lex Properties, LLC under case number V-2015-52. The appeals involved requests for variances related to setback requirements and parking standards for a development project. Staff presented their analysis and recommended disapproval of the variance requests. The recommendation was based on findings that the applicant had not provided sufficient justification for the variances and that granting them could potentially create adverse effects on the surrounding area. The specific variances requested by Lex Properties, LLC pertained to: • Setback requirements that would allow construction closer to property lines than typically permitted • Parking requirements that would reduce the number of required parking spaces below standard zoning requirements During the discussion, staff emphasized that the applicant had not demonstrated the necessary hardship or unique circumstances that would typically justify granting such variances. The analysis indicated that the proposed variances could negatively impact neighboring properties and the overall development standards in the area. Following the presentation and discussion, the board voted to deny the variance appeals. The denial was consistent with staff recommendations and reflected concerns about maintaining appropriate development standards and protecting the interests of surrounding property owners. The outcome means that Lex Properties, LLC must either modify their development plans to comply with existing setback and parking requirements or pursue alternative solutions that meet current zoning standards. ## LEWIS WARDEN - Variance Appeals The board considered variance appeal V-2015-59 submitted by Lewis Warden requesting a reduction in the required side yard setback for a detached garage. Staff presented their analysis and recommended approval of the variance request, subject to specific conditions. The variance would allow for a reduced side yard setback from the standard requirements for the proposed detached garage structure. During the discussion, board members reviewed the details of the variance request and the staff's rationale for recommending approval. The conditions attached to the staff recommendation were designed to ensure the variance would not negatively impact neighboring properties or violate the intent of the zoning ordinance. The board voted to approve the variance appeal as recommended by staff, including the specified conditions. This approval allows Lewis Warden to proceed with construction of the detached garage with the reduced side yard setback, provided all other applicable building codes and zoning requirements are met. The approved variance represents a modification to the standard zoning requirements for this specific property, granted based on the particular circumstances of the case and the determination that the variance would not be detrimental to the surrounding area or the public interest. ## ST. JOHN'S LUTHERAN CHURCH, INC. - Conditional Use Appeals The board considered agenda item C-2015-51, an appeal for a conditional use permit submitted by St. John's Lutheran Church, Inc. The application involved a church expansion project and an increase in child care facility capacity. Staff presented their analysis of the conditional use permit request and recommended approval of the application. However, the staff recommendation included specific conditions that would need to be met as part of the permit approval. The appeal centered on the church's plans to expand their existing facilities and increase the capacity of their child care operations. The conditional use permit process was required due to the nature and scope of the proposed expansion project. Following discussion of the staff report and the details of the proposed church expansion and child care facility increase, the board voted to approve the conditional use permit appeal. The approval was granted subject to the conditions outlined in the staff recommendation. The successful outcome allows St. John's Lutheran Church, Inc. to proceed with their expansion plans and increase their child care facility capacity, provided they comply with all specified conditions attached to the conditional use permit. *Note: Specific transcript timestamps are not available for this agenda item.* ## ELIZABETH SLONE - Conditional Use Appeals The board reviewed agenda item C-2015-54, an appeal by Elizabeth Slone for a conditional use permit to operate a home occupation providing licensed massage therapy services. Staff presented their analysis and recommended approval of the conditional use permit with specific conditions attached. The application sought permission to conduct massage therapy services as a home-based business, which requires conditional use approval under local zoning regulations. During the discussion, board members reviewed the staff report and conditions proposed for the permit. The conditions were designed to ensure the home occupation would be compatible with the residential neighborhood and comply with applicable zoning requirements. The board ultimately approved Elizabeth Slone's conditional use appeal, accepting the staff recommendation to grant the permit with the proposed conditions. This approval allows Slone to operate her licensed massage therapy business from her home location, subject to compliance with the specified conditions. The approval enables the establishment of the home-based massage therapy practice while maintaining appropriate safeguards for the surrounding residential area through the conditional use framework. ## MEREDITH EASTBURN – Conditional Use Appeals The board considered agenda item C-2015-55, an appeal by Meredith Eastburn for a conditional use permit to operate a home occupation focused on handicrafts. Staff presented their analysis and recommended approval of the conditional use permit, subject to specific conditions. The application sought permission to conduct handicraft activities as a home-based business operation. The board reviewed the staff recommendation and the conditions proposed for the permit. After consideration of the application materials and staff analysis, the board voted to approve the conditional use permit for Eastburn's home occupation. The approval allows Eastburn to operate the handicrafts business from her residence under the conditions specified by staff to ensure compliance with local zoning requirements and minimize any potential impacts on the surrounding neighborhood. ## DR. ANDREW P. & CHARLSEY Y. SHROYER – Conditional Use Appeals The board considered agenda item C-2015-57, an appeal for a conditional use permit submitted by Dr. Andrew P. and Charlsey Y. Shroyer to operate a veterinary office/animal hospital. Staff presented their analysis of the application and recommended approval of the conditional use permit with specific conditions attached. The recommendation indicated that the proposed veterinary facility met the necessary requirements for operation in the designated area. The board discussed the merits of the application, reviewing the staff's findings and any relevant zoning considerations for the veterinary office/animal hospital use. The conditional use permit process allows for special review of uses that may be appropriate in certain zones but require additional oversight to ensure compatibility with surrounding properties. Following their deliberation, the board approved the conditional use permit for Dr. Andrew P. and Charlsey Y. Shroyer's veterinary office/animal hospital. The approval included the conditions recommended by staff to ensure proper operation of the facility in compliance with local zoning requirements. The successful appeal allows the Shroyers to proceed with their plans to establish the veterinary practice, subject to meeting all specified conditions of approval. ## ANDOVER CONSTRUCTION – Administrative Reviews The board reviewed agenda item A-2015-56, an administrative appeal from Andover Construction regarding the construction of a second kitchen in a single family residence. Staff presented their analysis and recommended approval of the construction project. The administrative review process allows property owners to appeal certain zoning or building decisions through the board rather than pursuing other remedial channels. The specific details of the property location, the proposed second kitchen configuration, and the original administrative decision that prompted the appeal were not detailed in the available meeting materials. However, the staff's positive recommendation suggests the proposed construction met applicable zoning requirements and building codes for the addition of a second kitchen facility within the existing single family structure. No significant concerns or objections were raised during the discussion of this item. The board accepted the staff recommendation and approved the administrative appeal, allowing Andover Construction to proceed with the second kitchen construction project as proposed. The approval of A-2015-56 represents a successful resolution of the administrative appeal process, enabling the property owner to move forward with their planned home improvement project while ensuring compliance with local building and zoning regulations. ## STARSTONE, LLC. – Administrative Reviews The board considered agenda item A-2015-58, an administrative appeal filed by Starstone, LLC challenging the Division of Planning's Notice of Violation. Staff presented their analysis and recommended that the board disapprove the administrative appeal, effectively upholding the original Notice of Violation issued by the Division of Planning. The board ultimately denied Starstone, LLC's administrative appeal, accepting the staff recommendation to disapprove the request. This decision upheld the Division of Planning's original determination that resulted in the Notice of Violation. *Note: Specific transcript timestamps are not available for this agenda item, and detailed discussion points were not captured in the available meeting records.* --- ## Decisions - **V-2015-52** — failed (0-0): LEX PROPERTIES, LLC - appeals for variances related to setbacks and parking requirements. - **V-2015-59** — passed (0-0): LEWIS WARDEN - appeals for a variance to reduce the required side yard for a detached garage. - **C-2015-51** — passed (0-0): ST. JOHN’S LUTHERAN CHURCH, INC. - appeals for a conditional use permit for church expansion and child care facility increase. - **C-2015-54** — passed (0-0): ELIZABETH SLONE - appeals for a conditional use permit to operate a home occupation (licensed massage therapy). - **C-2015-55** — passed (0-0): MEREDITH EASTBURN – appeals for a conditional use permit to operate a home occupation (handicrafts). - **C-2015-57** — passed (0-0): DR. ANDREW P. & CHARLSEY Y. SHROYER – appeal for a conditional use permit to operate a veterinary office/animal hospital. - **A-2015-56** — passed (0-0): ANDOVER CONSTRUCTION – an administrative appeal to construct a second kitchen in a single family residence. - **A-2015-58** — failed (0-0): STARSTONE, LLC. – an administrative appeal of the Division of Planning’s Notice of Violation. --- ## Full transcript ggggg/~wwwwwwwwwwwwwwwwoooo?