Breaking through Goodbye. Just like it did right from the start Each time I see that quality That never starts attracting me He's so shy He's so unloving He's so shy He's really got me going That sweet little boy who caught my eye He's so shy I'm so glad I got to know him He's so shy Cause he's the one in a million And I'll love him till the day I die Oh, yes I do He's so shy He's so shy I know he's loving me crazy That sweet little boy He caught my eye I said he's so shy It took a long time to know him He's so shy And I'm so glad I got to show him That I loved him till the day after Oh yeah, and he's so shy Oh yeah ¶¶ Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. so um patience please today this is my first time as chair but we'll uh we'll be orderly and move everything as expediently and organized as possible as soon as we get our bearings and We're going to get our technology working, so. But what we'll do first is we have the agenda here, and the first item on the agenda is the approval of the minutes. Do we have those? Okay. So the second item on the agenda will actually be the swearing of the witnesses. So if you plan to speak today, if you could stand at this time. I'd also like to make sure that everyone signed in. We'll do that as well, so. This will be my first oath. So if you raise your right hand. And do you swear to tell the whole truth and nothing but the truth? Okay, thank you. And then what I'll do next is sound the agenda. And what we do at this portion is I'll go down the list of cases that we have here, make sure that our applicants are present, see if the staff has anything related to it. If we have an approval and no opposition, those will be heard first. If there is a disapproval or opposition, those will go at the end of the docket. I think the staff may have an update on PLN BOA 22-22, Harper Woods. Yes, Ms. Chair. The applicant has elected to withdraw this request, so it is not being heard at this time. Thank you. So the next one on the docket is PLN BOA 22-24. Rich Maines is the applicant present. Okay, this has been recommended for approval. Do we have any opposition? Okay, so Mr. Maines, we'll hear yours first. The next item on the docket is PLN BOA 22-29 Heidi Frazier. Is the applicant present? Okay, now this one has been recommended for disapproval, so that one will be heard at the end of the docket. Is there anyone else here to speak on this case? No? Okay. All right. And then we have a conditional use appeal, PLN VOA 22-28, that's Keeneland Association as the applicant present. Okay. That's been recommended for approval. Do we have any opposition? Okay. You will be heard second. And then lastly, we have PLN BOA 22-30 Central Baptist Church. It's been recommended for approval. Is the applicant present? Do we have any opposition? Okay, so you will be heard third. All right, y'all are good. We're moving right on. Do I need to do something else? No, but I would ask, I think there are a number of members in the audience who just make sure they know what case they're here on okay you know just because it was bernie wants to know why you guys here now just joking so yes so we do have some other folks and is there any particular case you want to speak on her okay absolutely you're welcome welcome Anything else? All righty. I'm the representative of the seminary that's involved in the central matters case, and I'm just here in case it is. Okay, great. Well, welcome. One more time, Mr. Chair. I don't want to overstep my bounds, but it may be beneficial if the applicant and the citizens maybe step out in the hallway to chit-chat, because they may answer their questions. Okay. A suggestion. Okay, sounds good. So what Mr. Gross has said, if you'd like to go out with the applicant for a moment, if you have any specific questions, be happy to answer it. Okay. Thank you. Team effort, Brandon. Team effort, appreciate it. All righty. So here we go, PLN BOA 2224 Rich Maines. It's request for variance to increase the allowable floor ratio from 0.35 to 0.55 on a property located in the infill and redevelopment area in a historic overlay in a two family residential zone on property located at 625. And are you the applicant? I am, I'm Rich Maines. Okay, Rich Maines. And this has been recommended for approval. Have you looked over the conditions? I have. All right. And are you okay with those conditions? They're fine. Does anyone on the board have any questions or comment? You guys get it? Okay. I'll entertain a motion if anyone's so inclined. Madam Chair, I move approval of PLNBOA 22-24. for Rich Maines, request for a variance to increase the allowable floor area ratio from .35 to .55 on property located in the infill and redevelopment area, and a historic district overlay in a two-family residential zone on property located at 625 Sarah Avenue, based upon the staff's case report and subject to the conditions set forth therein. Do I have a second? Second. Okay, we'll take a vote. All in favor? If there's no discussion, any discussion? All in favor? Okay, looks like you've been approved. Thank you, appreciate it. All right, our next one is PLN VOA 22-28, Kingland Association, the applicant. Good afternoon, I'm John DeHart, representing the owner of the Thoroughblog Club. Okay, thank you. And have you guys had a chance to look at the conditions listed by the staff? We have. And are we okay with those? Yes. Any questions from the board? I have a question. All right, look how quickly we move with me. Well, I will entertain a motion. I have a question. Oh, you have one. Okay. Okay, we're talking about Keeneland, right? We are, yes, ma'am. Okay. My question is, this is 10,200 square feet right now with what you're adding. And then the outdoor space is like 7,000? Yes, ma'am. And I'm just wondering how all that fits in with the ag tourism. them? There's, just to clarify, there's, the existing facility is around 9,000 square feet, just under 9,000. We're adding 1,300 square feet of interior space, which is not any new occupants. It's restrooms, a service corridor, and janitor closets, some amenities they need. And then the The outside patios are about 7,000 square feet to expand their opportunities for outside events. The predominant part of that square footage is for an event space. So if they have a special event, they can put a tent up. But it does expand so that they have outdoor seating for the bar area. What I'm concerned about would be the conditions. And I would like, if we should approve this, to have legal write a third condition. Whereas if Kingland no longer owns this property, this conditional use will be null and void. You know, I don't think I can respond to that. I have to get an answer from Keeneland on that. I wouldn't have the legal authority to make that judgment. But since they own the property, I can't see Keeneland selling the property. So I can't imagine they would have a problem with it. but that's not something I think that we could answer. That's not really the point. The point is it exceeds, like in the AR zone for ag tourism, 10,000 square feet is a limit. And it seems to be appropriate for what Keeneland is using it for now, but the next owner, it may not be appropriate. So if this is approved, I would really believe we should add that third condition. Well, Madam Chair, maybe we should see where we are. I was going to ask for clarity from staff. So with the conditional use approval, does it run, we've talked about this a couple of times, does it run with the property or it runs with the owner of the property? So as proposed, you could limit it to void it on either the change of the property or the change of the operator of the use, whichever you saw fit. We've seen both of those before in specific instances. With no addition of the condition, it runs with the property? Yes. I would oppose that additional condition. Are there any more questions of the applicant? I have one. if you're going to increase your restrooms and stuff, how do you intend on, are you going to ask the health department for, like, help with a septic tank or? There's septic existing. So we are putting in a new tank. We're replacing the ones there with a new tank, but it's currently septic system as well at this site. Most of Keeneland is not, but this site is. Thank you. But yes, we're filling out permits with them. It's in for review right now. And Ms. Tucker, just for clarity, we'll have staff clarify that that second condition of necessary permits and approvals from divisions of planning, building, inspection, and engineering would address those concerns for her? Yes, they would. Okay. Okay. I have a question also about the parking. Will this increase the need for parking? With staff, we discuss that, and they're not increasing the membership of their club. It's just providing better facilities for the existing members. So they have ample parking now that exceeds the zoning requirements, and then we don't have a need to expand the parking. And what about employee parking? Same with employee. Even though you will have more employees? I don't know that they're going to. Are you going to have more employees? there will be more employees but not enough to make an impact on the parking ma'am if you could come up to the speaker and put tell us your name on the record laura gardner i'm the general manager of the thoroughbred club and it would increase the amount of employees but only by a few maybe three or four full-time employees a seasonal our staff is usually larger because of the keeneland live meet but parking is not an issue as we have a lot of overflow space and i don't see that being an issue with this new outdoor space as well as a lot of our members are already occupying this space it's just not finished the way that we're hoping to do with this project thank you anything else from the board do we have the gentleman want to speak or no i was just coming just my name is jordan metford i'm with metford contracting the contractor okay so i would entertain a motion if someone's so inclined Madam Chair, I move approval of PLN VOA 22-28. Cleanland's Association's request to amend an existing conditional use for a horse race track with accessory facilities in order to expand dining facilities at the Thorbred Club in the agricultural rural zone on property located at 355 Rice Road. based upon the case report presented by staff and subject to the two conditions set forth in the report. Thank you. Do we have a second? I'll second. Thank you. Any more discussion? Okay. All in favor? We'll take a vote. Okay, thank you. The motion has passed. Thank you very much. Good luck with your project. Okay, our next item on the docket is PLNBOA 22-30 Central Baptist Church. the applicant please state state your name i will thank you chair carter and board my name is mark johnson i'm the minister at central baptist church lexington 110 wilson downing road across the street from fayette mall and we are appearing today to seek a conditional use permit for the use of our facility for a seminary which is the baptist seminary of kentucky a seminary that's been in operation for about 20 years. It's an ATS accredited school with a national and international profile but a small footprint. They have an enrollment of probably 50 or so students who are mostly distant learners. We in preparing before you before in the construction of the church in 2004 as for a conditional use permit for a child care which involved as many as 120 children and 40 employees and because of COVID we have shut the child care down and do not have plans to reopen the child care which gave us a lot of space in our building. The seminary had been shopping for a Lexington place for many of the administrative employees and faculty members are residents of Lexington and so we engaged a conversation with them about the potential to use our space. There will be no footprint change. Their whole operation will be within our building. They will have three administrative offices and four faculty offices. All other usage would be shared between the church and the seminary, like with a classroom or a sanctuary space for a chapel. Currently, their chapel services are also online. So we anticipate no more than 10 or so folks per week on average on our property in the use of the seminary with us. They are a multi-campus seminary. They also have a presence at Simmons College, an HBCU in Louisville, Kentucky. And so they're very flexible and a very nimble seminary that needed a place to park files and faculty and staff. The plan for this year for the seminary is to do a lot of the teaching through the faculty office and they have put in some television screens and other ways to bring their classroom to the office of the faculty member without needing a student to travel to the location for education. And just for clarity, there's a current conditional use in place for the daycare, but we will no longer be using that. Instead, we're using this, which sounds like a lesson. That's correct, and I don't know if we need to terminate that conditional use or not. I'm not sure the procedure on that, but there's no plans to have the child care be back in our building. Okay, thank you. Also with me is Dr. Daylin Jackson, the academic dean of the seminary. Yes, sir. Do we have any questions from the board? Go ahead here. Okay, we'll entertain a motion. Thank you, Madam Chair. I recommend approval of PLNBOA 22-30 Central Baptist Church request for conditional use to establish a school for academic instruction seminary in conjunction with an existing place of religious assembly in a planned neighborhood residential zone on property located at 110 Wilson Downing Road based on the staff's recommendation and the three conditions as listed so move. Do I have a second? Second. And just for discussion I should have I think I I forgot to ask you if you were okay with the conditions that were listed. Have you reviewed them? Yes, I have, and I am okay with them. Thank you. Okay, thank you. Thank you. All right, I'll take a vote. Here we go. Motion has passed. Good luck with your project. Thank you, Chairperson Carter. Thank you, Board. Madam Chair, I'll be recusing from the Heidi Frazier case. Okay. But since we're going to be celebrating Ms. Whitman, I will stick around. Please do so. Until after that case. Thanks. Thank you. Okay, so we'll call the last case. It is PLN BOA 22-29 Heidi Frazier. Ms. Frazier, since the staff has recommended disapproval, we'll allow them to present first, and then we'll allow you to state your case. Thank you. All right. Good afternoon, everyone. Daniel Crum, planning staff. The next item on the agenda is BOA 2229. 2229, and this is a request in order to increase the height of an allowable fence in the front yard of the subject property at 143 East Lowry Lane from 4 feet to 6 feet. Here we have a view of the subject property shown. It's outlined in blue. It is located on East Lowry Lane at the intersection with Delwood here. Here we have Nicholasville Road adjoining to the west, along with some commercial development west of the subject property with a pharmacy and a gym. Everything to the east, north, and south of the subject property is residential. Here we have a little bit closer view of the lot. It's approximately 0.26 acres in size, and it fronts to the south here on Lowry. The front door is located here. Here is a view of the subject property. This is a little bit of an older view from 2015, but it shows the frontage of the house on Lowry. And then an existing previous fence that ran along the front portion of the property. It was chain link, approximately four feet in height. The applicant purchased the property and demolished this fence with the intent of installing a six-foot-high wooden fence in order to afford her some privacy. The applicant cites some issues with trespassing in the past and wanted a higher fence in order to kind of address those concerns. The applicant hired a contractor who began work without a permit, and so portions of this fence were installed. However, they were alerted and given a notice of violation by building inspection and let them know that they needed to obtain permits. During the permitting process, they came to us to request a variance because the portions of the fence that lie in front of the front wall plane of the house, so this is the front of the house here, any portion of the fence in front of this line between the house and the street has a maximum height of four feet. And so the constructed fence, the portions that were in front of this line, did not meet ordinance requirements and thus required a variance. So the applicant is here today. Essentially, she replaced the existing footprint of where that chain link fence, that four-foot fence was. She essentially has replaced it with this wooden six-foot tall fence and is requesting a variance in order to do so. Staff is recommending disapproval in this instance for several reasons. The first is that there's not any special circumstances that apply to the subject property. This prohibition against any fences higher than four feet tall in the front yard is typical across residential zones, and the board has consistently kind of kept that same standard. The second is that there hasn't been sufficient information given that determines that enforcement of the zoning ordinance will restrict their ability to use the property. Any portion of the fence that was in line with the home or further back could be built at the six-foot high height, or a four-foot tall wooden fence could be replaced in that same footprint and provide many of the same benefits as a deterrence against trespassing, etc. And the third and final reason is the approval of this requested variance could have a negative impact on the walkability of the area. This home is directly adjacent to some of the commercial amenities that neighborhood residents may want to walk to or access. And having that six foot tall front fence may deter pedestrians and kind of negatively impact pedestrian facilities. So with that, staff is recommending disapproval of this request. And I'd be happy to entertain any questions you have of staff at this time. Do any board members have questions of the staff? I would ask only if there are precedents in the neighborhood of six-foot fences in the front of the houses. I didn't see any, but I'd... Yeah, so it appears that this would be the only six-foot-tall fence in the front. If you look down Lowry, it is characterized by open lawns, generally wide open field. And so this would be, due to its orientation, would be sort of the first substantial fence in that area. Thank you. Thank you, Madam Chair. Excuse me. I have a question about this, her front yard kind of seems like a side yard. Mm-hm. And so if she were to with maybe wiggle through the ordinance on 15, 15, 4B, something like that, whereas she could make this her side yard officially and let Della be the front yard. So essentially the way that this property as it exists and as it's before you today, the side on Lowry here is the primary wall face. You are correct that if, I'll bring up the aerial here, if in fact the subject property was developed with this portion to the east, so this portion here, If that had been the primary access point and had it been addressed and had a Delwood address, then she could in fact build the six-foot fence up to three feet of the property line here. However, historically, the way that this property has been utilized, how it's been addressed, is with that existing address. And so what we have before you is an address on Lowry Lane here. And yes. So she doesn't have that option? To my knowledge, I don't believe so. I don't know if she does or not. It's a question for her later. No, ma'am. She does not. Any other questions of staff? We'll allow the applicant to speak. Thank you, Daniel. Hi. Good afternoon. Please state your name. I'm Heidi Frazier. I'm the property owner at 143 East Lowry Lane. Okay. If you'd like to tell us a little bit about your project. So as Daniel stated, I am requesting a variance for a six-foot privacy fence in the exact lines of where the previous four-foot fence was. I did hire a contractor that I thought had gotten the appropriate approvals. So I apologize that I'm going a little backwards on this request. But I have had there is a section of 8 to 10 feet between Planet Fitness. I'm sorry, I don't have a picture of the house up anymore. Put the picture back up. We'll help you. Thank you. the street view of the aerial there that's perfect um so between the side yard and the planet fitness commercial property where that begins um there is about eight to ten feet of loosely landscaped area that belongs to the commercial property there have been homeless people trespassers that hang out in that area and some have been in my yard and so my thought was with a six-foot fence that I would increase the privacy and safety of my property replacing it with a four-foot fence in the first part according to the current zoning ordinance would not provide any further safety or privacy than the four-foot chain-link fence had in that respect. I feel like this property is unique in that because the address is Lowry Lane because that is where it's front facing whereas if it was Delwood it would not require a variance and all the other corner lots in the area are facing the side street where in that case the backyard or the side yard could have a six foot fence at 2064 2069 heatherway which is one block down um it is facing heatherway with the side yard on larry lane and there is a six foot privacy fence there um i don't know what else to say does the board have any questions comments for the applicant. Ms. Frazier, why did you remove the link fence that was there? It was just because you were planning to build the new fence. Is that correct? Yes, and for the additional privacy and security because of the trespassers in my yard. If I put the six-foot fence back along the front line along the front line of the actual house in the side yard it makes it a there's a lot of unusable yard if you will which i was just trying to make the side yard more of the backyard since the orientation of the lot is very unique well i understand that and i and i i understand the The problem that you have, the problem we have, is the way the law is situated. And if we would agree to this, it would set a fairly difficult precedent for us. So we've done this a lot. Sure. And I don't think we've made exceptions. I don't remember exceptions. Maybe there has been. And we've also found in several examples, I think we have felt like the four-foot fence, well-constructed, pretty well keeps people out of the yard. I mean, four-foot fence is not easily jumped or climbed, depending on the materials, of course. But I think that's our problem. and i do think if if you had a four foot fence it would it would certainly help your situation i wanted to also want to ask how much of the six foot fence has been built already so the all but two uh what are four to six foot portions in that front part have been built um the The side part along the driveway has also been constructed, and the back part that lines up with Planet Fitness. Okay, thank you. And I am not doing this because it's already been constructed. Again, I was completely unaware that the proper permit had not been secured. We understand that. Thank you. Any other questions from the board? Yes, Ms. Plumlee. Thank you, Madam Chair. I believe that it's better to ask for permission instead of begging for forgiveness, but I also share much empathy with the applicant in that behind this lot is an intensive use of parking lot for a fitness center. and also being a corner lot I'm willing to say yeah this might not be such a bad idea because we really want people our citizens to use green space and by having a six foot fence instead of a four foot fence I think she would have a much more usable green space in her backyard So again, I'm sorry for the situation. Anything else? Okay, if anyone wants to make a motion. I'm used to making them when no one else makes them, just for the record. We miss you in that role. Yeah, I will just add that to what Harry says. It is unfortunate as well, but it is something that comes before us commonly. This side yard, front yard thing can be a challenging thing to navigate, which is why the permits are required ahead of time. So I've learned a lot. Madam Chair, I would like to make a motion to agree with the staff's recommendation of disapproval for PLNBOA 22-29. Heidi Fraser's request for a variance to increase the reliable height of a fence in the front yard from four feet to six feet in a single-family residential zone or property located at 143 East Lowry Lane, based on the staff's report. Do I have a second? I'll second. Any more discussion before we take a vote? Okay, we'll take a vote. Okay, looks like the disapproval for the staff has held up. Thank you. Thank you. This time we'll give Mr. Gross an opportunity to come back in. There you go. And do we have any other staff items before our presentation? No? Okay. Let's have some fun. Let's have a presentation. We would like to take an opportunity to present Ms. Joan Whitman with the resolution. If you guys will join me down here, we will do so. Is that how we'll do it? No. Yeah. Okay. Thank you. Oh, wow. together and we still have more work to do in other spaces so you're not rid of me but in the meantime we would like to read this resolution on your behalf. Joan Whitman, whereas we the members of the Lexington Fayette Urban County Board of Adjustment and staff acknowledge the conclusion of Ms. Joan Whitman's term of service to the Board of Adjustment and whereas we wish to take this opportunity to recognize Ms. Whitman for her valuable service to the Board of Adjustment having served on the board from July 2014 to July 2022, whereas the Board of Adjustment members and staff feel that the service given by Ms. Whitman will be greatly missed. Now, therefore, be it resolved. We, the members of the Board of Adjustment and the staff, express our deep gratitude to Ms. Whitman for her service to the board and to the citizens of the Lexington and Fayette County, and we the Lexington Fayette County Urban Fayette Urban County Board of Adjustment and Staff do hereby wish for Ms. Whitman much happiness and continued success and ask that she continue to give valuable guidance to members of the board. Be it further resolved that a copy of this resolution be presented to Ms. Whitman and also spread upon the minute book of this body dated at Lexington, Kentucky this 11th day of July 2022. Thank you. I always want to say something. I just said to Linda what an opportunity this is, and it has been. This is actually 16 years between the Loaning Committee, the Planning Commission, and this, what an education I have about our community that I would not have had I not served. I mean, it's been great. Staff, you all have been wonderful. I've watched some of you all come up through the ranks, which has been fun. And gosh, commissioners, it's been fun. I'm going to miss you all. But if you could have all your meetings like this, I might have. Well, anyway. And best wishes to the new members, the two new members. and to your new chair. And I, again, I say I have gained much from this experience. So thank all of you. A small token of our appreciation. Look, you switch arms and you have muscles on each side, right? Thank you. Thank you, guys. Okay, good deal. I think we have to do the next one. I've got to make sure it's fine. . . I know it's going to be fun. Drop the mic. Oh, yeah. That's not worth it. Set the tone. . Although, the yesterday didn't go. No. Okay. Is there anything else? Well, we may want to have Ms. Tucker or Ms. Plumlee introduce themselves to the public. Yeah, I was looking, I didn't see that on the agenda. I didn't either, but. You want me to fight them over here? They left you off the agenda. I think it's just we weren't sure if you guys would be here just in time, right? So great, if Ms. Carolyn Plumlee, would you like to say anything for us? Like Joan, I won't pass up an opportunity, but first I want to say it's really an honor to be here with you folks on this board. And I'm looking forward to working with everyone. And I hope that my decisions can be filled with wisdom and discretion. And most of all, they'll be legally defensible. So thank you much. Thank you. Welcome. We're excited to have you. And Ms. Linda Tucker, welcome. Thank you so much. I'm honored to be here. Absolutely. We're welcome. We're pleased to have you. I think we all get along. We haven't had any fist fights yet. So we don't anticipate doing that, but we welcome you, definitely. All right. So if there's nothing else, we'll adjourn the meeting because I'm trying to set a record here. Meeting adjourned.