# Board of Adjustment Hearing - February 14, 2022 > Auto-transcribed civic record · February 14, 2022 - **Permalink**: https://meetings.lexingtonky.news/meeting/5522 - **Source video**: https://lfucg.granicus.com/player/clip/5522?view_id=14&redirect=true - **Date**: 2022-02-14 - **Last revised**: February 14, 2022 - **Length**: 2,130 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 Board of Adjustment convened on February 14, 2022, at 1:30 p.m. via video teleconference, with Branden Gross presiding as the meeting officer. The board addressed two agenda items during the session, both involving conditional use matters for local businesses. The meeting resulted in the approval of both applications: a conditional use amendment for Rood & Riddle Partners and a conditional use permit for GME Enterprises. The board conducted two formal votes during the proceedings, with no public comments recorded for either agenda item. ## Attendance **Present:** Branden Gross, Harry Clarke, Raquel Carter, Chad Walker, Joan Whitman **Absent:** Thomas Glover, Chad Needham **Late:** Joan Whitman Five members were present for the February 14, 2022 meeting, with two members absent. Joan Whitman arrived late to the proceedings. ## Votes and Decisions The board took action on two conditional use requests during the February 14, 2022 meeting. **PLN-BOA-22-00001 - Rood & Riddle Partners Amendment** The board voted on a request to amend an existing conditional use for Rood & Riddle Partners. Board member Harry Clarke made the motion, which was seconded by Raquel Carter. The motion passed unanimously with 4 ayes and 0 nays. Voting in favor were Branden Gross, Harry Clarke, Raquel Carter, and Chad Walker. The approval is subject to two conditions as listed in the staff report. **PLN-BOA-22-00002 - GME Enterprises Conditional Use** The board considered a request for a conditional use for GME Enterprises. Raquel Carter made the motion, with Harry Clarke providing the second. This motion also passed unanimously, receiving 5 ayes and 0 nays with no abstentions. All board members present voted in favor: Branden Gross, Harry Clarke, Raquel Carter, Chad Walker, and Joan Whitman. The conditional use approval is subject to three conditions as outlined in the staff report. Both applications received full board support, with no opposition or abstentions recorded for either vote. The specific conditions referenced in each approval can be found in the respective staff reports for each case. ## Rood & Riddle Partners Conditional Use Amendment The board reviewed application PLN-BOA-22-00001, a request from Rood & Riddle Partners to amend an existing conditional use permit for their equine hospital facility. The amendment would allow construction of a new storage building and covered exercise arena on the property. Key speakers during the discussion included Jeff Pearson, Bill Rood, and Alan Ruggles, who presented details about the proposed modifications to the existing conditional use permit. The request involved expanding the current equine hospital operations to include additional infrastructure that would support the facility's veterinary services. The new storage building would provide necessary space for equipment and supplies, while the covered exercise arena would offer protected space for equine rehabilitation and treatment activities. The application was presented as an amendment to modify the existing conditional use rather than a new permit request, indicating the facility already had established operations under previous approvals. Following discussion of the proposal, the board approved the conditional use amendment, allowing Rood & Riddle Partners to proceed with construction of the new storage building and covered exercise arena at their equine hospital facility. *Note: Specific transcript timestamps are not available for this agenda item.* ## GME Enterprises Conditional Use The board reviewed application PLN-BOA-22-00002 for GME Enterprises, a request for conditional use approval to operate a home-based business offering individual physical therapy sessions. Grace Miller presented the application to the board. The proposal involves establishing a physical therapy practice that would provide one-on-one therapy sessions from a residential location. The board discussed the merits of the conditional use request, examining how the proposed home-based physical therapy business would operate within the residential setting and its potential impacts on the surrounding neighborhood. Following their review and discussion of the application, the board approved the conditional use request for GME Enterprises, allowing the home-based physical therapy business to proceed as proposed. *Note: Specific transcript timestamps are not available for this agenda item.* --- ## Decisions - **PLN-BOA-22-00001** — passed (4-0): Request to amend an existing conditional use for Rood & Riddle Partners - **PLN-BOA-22-00002** — passed (5-0): Request for a conditional use for GME Enterprises --- ## Full transcript I'm mysterious, and now it seems I'm falling, falling for her She sees the hand and is he but touching? She reaches in and plants but hold her your heart She sees the hand and is he but touching? It takes control and slowly tears you apart Thank you. You mess up your life. You want her just the same. And now I know. She has the ability to take everything she sees. And now it seems I've fallen, fallen for her. She seems like half an invisible tongue. She reaches in and drops my hold of your heart. She sees the path and a busy ball top down. It takes control and slowly tears. She sees the path and a busy ball top down. Thank you. The TV is on the air. Thank you. Recording in progress. Hello. I'm going to call to order the Board of Adjustment meeting for February 14, 2022. First thing is we're doing this via telephone conference. The media and the public may view the hearing on LexTV Spectrum, 1885, Metronet Channel 3, Windstream Channel 3 and 20, and via live stream via the city's website. All this information has been published for the public to be able to access these items. I don't recall. Did we see the minutes for January? I think we're waiting on the law department to review a portion of them. That works. And then we'll get them out. Okay. So this month we will not be approving the minutes from January 10 due to them not being prepared yet. We'll just do those next month when we do the February meetings. Autumn, do you have anything before I go through the agenda? I do. The third item on your agenda on page 2, PLNBOA 22-0003, Bluegrass Care Navigators, that application was withdrawn this morning via email. Okay. Which means we have two cases today, neither which have opposition to our knowledge so far. So, what I'll do is, since we only have two cases, I'll just swear people in as they come up to speak on their plans. The next item is I'm going to sound the agenda. And going through the agenda, I'll just ask, I think they've already confirmed that the applicants are present, Stephanie and everyone before. But the first case is PLN BOA 22-1, Wood and Riddle Partners, regarding 2150 Georgetown Road. And I believe Dr. Wood was on earlier. Oh, okay. And then so we've got, is anyone in the public want to speak on this particular application today? We do not have any public. Okay. It shows us one or two. That's the staff. Okay. Okay. Nobody is attending so far from the call-in, which is fine. That means it goes faster. So that will be the first case we'll hear. And then the second case is PLNBOA 22-2, GME Enterprises regarding 606 Lane Allen Road. And the applicant was here, and we have still no one in the audience from the public. So if anyone calls in, we can double check while we're going through the cases to make sure they can have an opportunity. Today, we have no variances, no administrative appeals. We will have a couple things to discuss with the board after we get through these hearings. But with that being said, we'll go back up to, I'm on page one, item D1, and this is PLNBOA 22-0001 Wood and Riddle Partners regarding their conditional use at 2150 Georgetown Road. And the applicant is here. Hello, Mr. Pearson. Good afternoon, sir. If you could introduce yourself for the record. I would. Jeff Pearson with Pearson and Peters Architects, 201 Kentucky Avenue, Lexington, Kentucky. Thank you, sir. And the staff has recommended approval of this application. It's subject to the two conditions. Have you and your client reviewed those? Yes, sir, we have, and we agree with those and will abide by those conditions in preparation for our project. Okay, thank you. I guess that's what we swear I meant, even though there's really no testimony other than affirmations. Okay, my staff's saying no, so that solves that. And so if there are any questions, I will swear you in from the members of the board. Do any board members have questions on this application. Okay hearing none the chair will entertain a motion. Mr. Chair I recommend approval of PLN BOA 22-1 Root and Riddle Partners request for to admin an existing conditional use in order to construct a new storage building and covered exercise arena at an equine hospital in an agricultural urban zone on property located at 2150 Georgetown Road, based on staff's recommendation and subject to the two conditions listed. Thank you, Mr. Clark. Do I have a second? I second. We have a second from Raquel Carter. Any discussion? Okay, we'll put it to a vote. and Donna tells me there's a delay with Granicus. So all those in favor, please raise your hand and vote electronically if you're able to. I'm not sure if that works that way. No, it does not. So I show all four board members voting to approve. Thank you, Mr. Pearson. Good luck with the project. Thank you, Mr. Chairman. And thanks to the Board of Adjustment Group as well. We appreciate it. Thank you. So this is going to bring us to our second case, PLMBOA 22-0002 GME Enterprises, request for conditional use at 606 Lane Allen Road. Looks like Grace Miller is with us. Hello. Let's hear, wait, is Ms. Whitman? It looks like Joan and Inga. Give us one second while we bring another board member in. That's okay. and while we're waiting for Ms. Whitman, Ms. Miller, would you go ahead and introduce yourself? Yes, hello. I'm Grace Miller. I'm a physical therapist in Lexington, and I own GME Enterprises, which is just my solo practice. Okay, and at 606 Lane Allen Road, that's your residence? Yes, that's my residence, correct. Well, I'll give her an opportunity to vote, but here she is. Hello, Ms. Whitman. You're muted, Joan. Okay. So we now, Ms. Whitman has joined us. So Ms. Miller, the staff has recommended approval. That's based upon three conditions. Have you seen those conditions? Yes, I did read over them. and you agree to abide by those conditions? I do. Thank you, ma'am. In that case, I'll open it up to the board if any board member has any questions. And seeing no hands raised, if anyone wants to make a motion. Somebody? I move for approval of PLN BOA 22, 2-2 GME Enterprises request for a conditional use for a home-based business, individual physical therapy sessions in a single-family residential zone on property located at 606 Lane Allen Road, based on the staff's recommendations and subject to the three listed conditions. Thank you, Ms. Carter. Do I have a second? I'll second. Harry Clark seconds. Any discussion? Hearing none, if we could raise your hand to votes in favor. The chair sees that everyone is voting in the affirmative. Ms. Biller, congratulations and good luck with your home-based business. Thank you. I'm so very excited. This is wonderful. I appreciate you all. Thank you, ma'am. Can I ask one question? Sure. um so i know i realize on the list of things i need to do zoning compliance permit and certificate of occupancy that does this qualify as a certificate of occupancy or is that something different you will need to apply with the division of building inspection for a certificate of occupancy and that will include a zoning sign off that will serve as your zoning compliance permit okay and that i can find that all online to get that process started for um the division of building inspection. Okay. All right. Thank you so much. Thank you. Good luck. Thank you. Okay. So on board items, I will mention that we neglected to elect officers last month. So I guess since Tommy is not here today, rather than stage a coup, we'll go ahead and plan on electing officers during our March meeting, unless there's any objection to that, and we'll just continue on with the officers as is until then. As everyone knows, Tommy and Chad were both on vacation this week, so I had to step in. So that's the only thing I have. Does anyone else from the board have anything before I invite the staff up? No, I just want to say I apologize for not getting in. I've been trying since a quarter after, and they kept telling me that I was a panelist and I needed to go to another. And I put the same numbers in that I was given after Donna called me, so I don't know what happened there. Well, it's okay, Ms. Whitman. Right now, you know, technology, it doesn't always cooperate. But we're glad you made it. Well, I am too for the very last. Of course, it's a nice short meeting, but I just, I was frustrated. I couldn't figure out what I was doing wrong. And I kept looking at the password and the meeting number and it kept kicking me out. And anyway, anybody else have a problem? Nobody else had the problem. Joan, I think what happened is that we get an early Zoom address, and then sometime later, about a week before this meeting, there's another address that comes out for the general public or applicants. So I think that's maybe what happened to you, because I saw that and I thought, wait a minute, what is this? Then I realized it was not for the board. It was for the general public or applicants. So our agenda was for applicants? Well, the agenda is for the public and not really applicants. So you should receive an email an hour before the meeting that serves as a reminder. And that's the email link you should use to join the meeting. Okay. All right. It says join here or something. I think it references panelists. Like you're a panelist or something of that. Yeah. And then when you join, it tells you you're a panelist. They kept telling me I was a panelist and I could not join. So I kicked out and came back in. And so anyway, after Donna sent me the new one, I'm here. Good. I think so. So for the staff items today, I just wanted to make an announcement for the board. Thankfully, Autumn Gutter-Weiss has been your Board of Adjustment Senior Planner for five plus years. And also, thankfully, she has been promoted within the Division of Planning to be an administrative officer. And so that means her daily duties will be changing or have been changing slowly. We were able to hire a new Senior Planner for the Board of Adjustment, and she will start on Tuesday, President's Day holiday. Her name is Megan Jennings, and she served as both an intern for the Division of Planning as well as a planning technician in the division's section for long-range planning. So she'll be joining us. She spent the last several years up in Indiana getting her master's degree from Ball State. So we'll welcome her next month to the board meeting. But in the meantime, Autumn is still in the Division of Planning. So if you do have questions or comments or concerns about anything, she's still here and can, of course, help you. But you'll start to receive emails perhaps from Megan instead of Anna. So we're happy that she's going to be joining us next week. In addition to that change, I would just note that our agenda today says we're going to be meeting again via Zoom next month. And that's what our plan is at this point. The council is, it sounds like going back to in-person meetings, but since we send out notice letters and we've already received all the notice letters via filing last week for March, I think our intention is to plan to remain on Zoom for the month of March for both Planning Commission and the Board of Adjustment and then it's a to be back in the council chambers. I just wanted to make sure everybody was aware of our schedule to return back to in-person meetings. Is it for me? Thank you. Thank you. Happy Valentine's Day. I was going to say, yeah, I hope everyone has a great Valentine's Day. I feel like my gift to the board is that we'll be done at 147 today. Unless there's any more business, I'm going to go ahead and call the meeting adjourned. Thank you very much. Thank you. Bye. Thanks, everybody. See you. Daniel wrote