# Board of Adjustment Hearing - July 10, 2023 > Auto-transcribed civic record · July 10, 2023 - **Permalink**: https://meetings.lexingtonky.news/meeting/5860 - **Source video**: https://lfucg.granicus.com/player/clip/5860?view_id=14&redirect=true - **Date**: 2023-07-10 - **Last revised**: July 10, 2023 - **Length**: 2,849 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 July 10, 2023, at 1:30 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Raquel Carter presiding as the meeting officer. The board addressed four agenda items during the session, including two development-related matters and two internal board appointments. The board took five votes throughout the meeting and heard one public comment. All four agenda items were approved, including variance appeals for NLWS, LLC, a conditional use permit for CCG VENTURES, LLC, the election of a new Vice-Chair, and the appointment of a new member to the Landscape Review Committee. ## Attendance The following members were present at the meeting on July 10, 2023: • Raquel Carter • Harry Clarke • Chad Walker • Carolyn Plumlee • Linda Tucker All members were in attendance with no absences or late arrivals recorded. ## Votes and Decisions The board took action on five items during the July 10, 2023 meeting, with all motions passing unanimously. **PLN-BOA-23-00046** - The board approved a request for variances by NLWS, LLC. Harry Clarke made the motion, seconded by Carolyn Plumlee. The vote passed unanimously 5-0, with Raquel Carter, Harry Clarke, Chad Walker, Carolyn Plumlee, and Linda Tucker all voting in favor. The approval included conditions requiring construction to be in accordance with submitted application materials and site plan, final design of the parking area to be reviewed and approved by the Division of Traffic Engineering, and all necessary permits and approvals to be obtained prior to construction. **PLN-BOA-23-00047** - The board approved a request for a conditional use permit by CCG VENTURES, LLC. Chad Walker made the motion, seconded by Carolyn Plumlee. The vote passed unanimously 5-0, with all five board members voting in favor. Conditions of approval required the property to be operated in accordance with submitted application materials and site plan, and all necessary permits and approvals to be obtained prior to occupancy. **Officer Elections** - The board elected Harry Clarke as Vice-Chair on a motion by Carolyn Plumlee. The vote was 4-0 with one abstention, as Carter, Walker, Plumlee, and Tucker voted in favor. The board also elected Linda Tucker as Secretary on a motion by Carolyn Plumlee, seconded by Harry Clarke. This vote was also 4-0 with one abstention, with Carter, Clarke, Walker, and Plumlee voting in favor. **Committee Appointment** - The board appointed Joseph Browning to the Landscape Review Committee on a motion by Harry Clarke, seconded by Chad Walker. This vote passed unanimously 5-0, with all board members voting in favor. ## Public Comment One member of the public addressed the meeting during the public comment period. Matthew Dawson spoke regarding a gas-powered generator noise issue. Dawson acknowledged that there has been a noise problem with the generator and outlined his plans to mitigate the issue. He stated that he intends to address the noise concerns by installing a fence and adding landscaping around the generator area to help reduce the sound impact on neighboring properties. No transcript timestamp was available for this public comment portion of the meeting. ## Appointments The meeting included several key appointments to various positions and committees. **Leadership Positions:** • Harry Clarke was appointed to serve as Vice-Chair • Linda Tucker was appointed to serve as Secretary **Committee Appointments:** • Joseph Browning was appointed to the Landscape Review Committee All three appointments were approved during the meeting proceedings. These appointments fill important roles in the organization's governance structure, with the Vice-Chair and Secretary positions providing essential leadership support, while the Landscape Review Committee appointment ensures continued oversight of landscape-related matters. ## Variance Appeals for NLWS, LLC The board considered variance request PLN-BOA-23-00046 submitted by NLWS, LLC for property modifications in a Neighborhood Business zone. The application sought approval to reduce required setbacks and buffer widths to accommodate construction of an addition and additional parking facilities. Key speakers during the discussion included Fred Eastridge and Jody Hranicky, who presented details about the proposed variances and their necessity for the project. The applicant demonstrated that the requested reductions in setback requirements and buffer zone widths were needed to make the planned addition and parking expansion feasible on the existing property. The variance request involved modifications to standard zoning requirements that typically govern the distance structures must maintain from property lines and the width of buffer zones between different land uses. These variances are common when property constraints or existing development patterns make strict adherence to standard setback requirements impractical or unnecessarily restrictive. Following presentation of the application materials and discussion of the proposed changes, the board evaluated whether the variance met the necessary criteria for approval, including consideration of any potential impacts on neighboring properties and compliance with the overall intent of the zoning ordinance. The board ultimately approved the variance request, allowing NLWS, LLC to proceed with their planned addition and parking improvements under the modified setback and buffer requirements. This approval enables the applicant to move forward with development plans that would have been prohibited under standard zoning restrictions. *Note: Specific transcript timestamps are not available for this agenda item.* ## Conditional Use Permit for CCG VENTURES, LLC The board reviewed application PLN-BOA-23-00047, a conditional use permit request from CCG VENTURES, LLC to establish a personal care facility in a Planned Neighborhood Residential zone. Key speakers during the discussion included Matthew Dawson and Liz Koehler, who presented information regarding the proposed facility and its compliance with zoning requirements. The application sought approval to operate a personal care facility within the residential zoning district, which requires a conditional use permit under current zoning regulations. The discussion focused on how the proposed facility would integrate with the existing neighborhood character and meet the specific requirements for personal care facilities in residential areas. Following the presentation and discussion of the application details, the board voted to approve the conditional use permit for CCG VENTURES, LLC. The approval allows the company to proceed with establishing the personal care facility in the Planned Neighborhood Residential zone, subject to any conditions that may have been specified during the approval process. *Note: Specific transcript timestamps are not available for this agenda item.* ## Elect a new Vice-Chair The Board conducted an election to fill the vacant Vice-Chair position during the July 10, 2023 meeting. Raquel Carter led the discussion on this appointment. The Board successfully elected Harry Clarke to serve as the new Vice-Chair. The election was approved by the Board members present. No additional details about the nomination process, other candidates considered, or specific discussion points were available in the meeting materials reviewed. ## Appoint a new member to the Landscape Review Committee The meeting addressed the appointment of a new member to the Landscape Review Committee. Joseph Browning was nominated and appointed to serve on the committee. The appointment was approved during the meeting, adding Browning to the committee's roster. No specific details about the discussion, debate, or any concerns raised during this agenda item were available in the meeting materials. The Landscape Review Committee will now include Joseph Browning as its newest member following this appointment. *Note: Specific transcript timestamps were not available for this agenda item.* --- ## Decisions - **PLN-BOA-23-00046** — passed (5-0): Request for variances by NLWS, LLC - **PLN-BOA-23-00047** — passed (5-0): Request for a conditional use permit by CCG VENTURES, LLC - **Motion** — passed (4-0): Elect Harry Clarke as Vice-Chair - **Motion** — passed (4-0): Elect Linda Tucker as Secretary - **Motion** — passed (5-0): Appoint Joseph Browning to the Landscape Review Committee --- ## Full transcript We're in the Phoenix building, 6th floor where the PVA office is, but we're not actually a city agency. So it's our job to make sure that the state property tax laws are administered fairly. We're not a policy shop. We don't determine what the policies are. The state legislature does that, and they're set out in statute, mostly KRS Chapter 132. We just make sure that they're administered fairly, that everybody gets treated the same, that you're treated exactly the same as your neighbor is. So that's our job in a nutshell, determine what the fair cash value of the property is. We don't collect the taxes. We have no interest whatsoever in whether or not the tax revenues increase or decrease. That's not our job, not our role. And that's also why the PVA office is elected instead of appointed, because we're not answerable to any county judge executives or council or mayor or school board administrators who are looking to increase revenues. We're not subject to any of that pressure whatsoever. We report directly to the taxpayers and the voters. That's wonderful because my office received numerous calls. I'm sure you did. Yeah, I'm sure all 12 of you, those of you who represent districts, stay very busy. A little busy. Just like we do. We're on a tax calendar. We do the same process every year. we shoot for assessment notices to hit mailboxes on April 15th every year. So April 15th, we're all geared up, ready for the phones to start ringing off the hook, and they do, and we know that you all, council members, receive phone calls as well. And so we're all about wanting to make sure you're educated on what it is that we do here so that you can answer some questions, but most of the questions, you should just refer the caller back to our office. And I do. And you do. And I do. So how do you determine the assessed property, or excuse me, the assessed value of a property for taxation purposes? Well, could you walk me through that process? I can, and it's a little bit different depending on the types of properties. So residential property is a little bit different than commercial property and industrial property, but we'll stick to residential since that's what most of your viewers are going to be interested in. And it's based almost entirely on comparable sales. So a comparable sale would be houses that sell preferably in your immediate neighborhood. The closer to your house, the better. But sometimes we do have to go outside the immediate subdivision or neighborhood to find legitimate. Thank you. Thank you. Thank you. ¶¶ ¶¶ Thank you. Good afternoon. We will call the meeting to order. The first item on the agenda is the approval of minutes, but we do not have minutes yet for June the 12th, so we'll move to the next item, and we'll add those to the docket next month. What I'd like to do now is anyone in the audience that wishes to speak today, if you could please stand and be sworn in. Thank you. Yep, raise your, you've done this before, look at you. Your right hand is where to tell the whole truth and nothing but the truth today. You there? Okay. All right. Then what I'll do, we generally sound the agenda, but there are just two items on here today. I have PLNBOA 2346, that's NLWS LLC. Is the applicant present? And if you guys the applicant? Brad, that's you. That's okay. Did you hear me indicate that it was in? No, I can't tell. Are you there for PLNBOA 23? Okay, okay, well I don't need it. I thought you were asking if there's any ejector. No, no, I was just, you're a little ahead. I still got one more, so why don't you take a seat right there. You'll be first. the applicant is present it has been recommended for approval is there anyone here to speak against this particular it item case so we will hear this one first the next one for conditional use appeals peel and be a late twenty three forty seven and that's the cg ventures llc is the applicant present is there anyone to speak uh... in opposition to this particular item okay well in any case you'd still be second because i've got two right all right sir we're at plnboa 2346 that's nlws llc if you stand to the podium state your name for the record please madam chairman members of the board of adjustment i am fred eastridge with vision engineering i prepared the plan and the documentation for the board of adjustment thank you so we do have the plans um the board has had an opportunity to review do we have any questions and i'm sorry steph is this the one no it's the other one that we got okay yes please i was just i had a question i was just wondering how many people do you see at your events coming in that building oh one moment jody ranic the general contractor is here with me uh they're thinking probably no more than 50 in this room uh that we're building on the addition it's more for can you state your name for the record sorry my name is jody ranneke with rannike construction um it's basically just for wedding parties thank you any other questions With that, I'll entertain a motion. Madam Chair, I recommend approval of PLNBOA 23-46 NLWS LLC request for variance to 1, reduce the side street side back for a deep building from 11 feet and 9 inches to 3 feet, inches, two inch, I'm sorry, three feet, reduce the required vehicular use area buffer width along the southwestern property line from eight feet to five feet and six inches, and three, reduce the required vehicular use area buffer width along northeastern property line from eight feet to six feet and six inches. in order to construct an addition and associated parking within the defined infill and redevelopment area in a neighborhood business zone or property located at 573 North Limestone, based on the staff's recommendation and the three conditions as listed. So moved. Thank you. Do we need a short break after that long-winded? Good deal. And Ms. Palmley seconds. That's correct. we'll take the vote there we go thank you very much motion is passed good luck with your project thank you thank you no donuts no donuts in the building y'all come down we'll bring donuts okay thank you guys thank you That was the old North Lawn building, right? Yeah. All right, the next item on the docket is PLNBOA 23-47, that's CCG Ventures, LLC. If the applicant will please take the podium. Okay, I'll swear you in, okay. Thank you, sir. If you don't mind, raise your right hand and swear to tell the whole truth and nothing but the truth today. That's a hard statement for me. I swear to tell the whole truth and nothing but the truth. We trust you. Okay. If you both would state your name for the record. Matthew Dawson. Liz Kohler. Okay. And this has been recommended for approval. you had an opportunity to see the two conditions as listed we have okay you're okay with those conditions as they are yes ma'am take a quick minute i do believe we've received a some citizen comment Okay. Okay. this particular item that we received is regarding a gas powered industrial electric generator near the sidewalk yes yes we're aware of that we have plans to put a fence and landscaping around that so we're addressing that we we've gotten that uh we were made aware of that by the neighbors that it was a little loud so we're addressing that now okay that's all we see here and you just recently acquired that's correct i saw it's been there for a little bit yeah yes do we have any questions from the board i have a question i'm usually dealing with assisted living they have a space for emergency vehicles just because people fall and um i don't know they just kind of require more and so when i was looking at your lot and even when i went around the back my concern was like if you have an ambulance and a fire truck come in there there's really no room for those vehicles so yeah great point so we'll look into that what i will say is the change to this use will actually mean there's a lot more space in the back with assisted living there's not a car for every resident but there are some cars for the personal care home we don't expect to probably have any cars for the residents so all of the space you see in the back should be open and available for that i'm not exactly sure how much you need for a fire truck like you say but it'll be there'll be more room with this use than there was before if if there's more that i should look into let let me know about and would step mind to have the opportunity to learn the distinction between assisted and personal care it might help yes so the difference between the definitions of an assisted living facility and a personal care facility is that assisted living is limited to those above the age of 55 and personal care does not have that age limit so they essentially provide the same services just one has an age limit and one does not Just for information, I have no objections. I'd like to have a little better idea of who these people are that you'll be taking care of, because it's a little different than ones we've looked at in the past. If you could kind of describe your category of the people that you're serving. Sure. So the similarities are just folks who need a little more assistance where they're living, in assisted living and personal care. The distinction, like I said, is the age. So because they're talking about someone maybe in their 40s, the reason why they wouldn't be able to take care of themselves is because they may have some mental illness or something where they're just not quite able to live completely on their own. So that is who it would be. It may be some folks who are older as well who need assistance, but it will also encompass some of those 30 to 40-year-olds who just need more assistance because of just lower IQ or some other mental illness that they just can't quite be on their own. They don't need to be institutionalized, but they need more assistance than just being in an apartment on their own. Thank you. Anything further? If not, I'll entertain a motion. Madam Chair, I recommend approval PLMBOA 23-47 CCG Ventures LLC. Procrest for a conditional use permit to establish a personal care facility within a neighborhood design character overlay zone in a planned neighborhood residential zone on property located at 319 Duke Road. Sorry, subject to the two conditions. Thank you. We have a second. I'll second. Thank you, Mr. Clark. If nothing but further, we will take a vote. Great. Motion is passed. Good luck with your project. Thank you very much. Okay, so now if we can bring out the secret stash of cases that the rest of us know. Okay. I think we are done with the docket. If there's nothing further regarding that, we do have a few items. Because the other Chad left, we do have to elect a new vice chair. And not to say that someone actually sat in the appropriate seat today. I may or may not be nominating. But anyway, we would need a motion to elect or suggest or nominate such a vice chair. And then, yeah, let's do that first. Anyone willing or nominating? I'm ready to nominate somebody. Okay. Madam Chair, I nominate Harry Clark to be the Vice Chair. Well, he's the Secretary. Oh, well, we could do that. We can move him up. We'll shuffle. That's fine. So we do have a motion to nominate Mr. Clark as Vice Chair. Do we have a second? I'll second. Okay. Have you reviewed the conditions there? I have no aspirations. Okay. Good deal. I will serve as elected. Okay. Good deal. So we'll take a vote. That's usually followed by don't, don't, don't. Oops. oops all right we've got a new vice chair okay so now do we need to add to the agenda is that appropriate today so we do still need a secretary so i would like to entertain a motion for our secretary and replacement of mr clark I'll go again. Madam Chair, I nominate Linda Tucker for the secretary. very difficult job to realize very difficult signatures very important stay on the line okay so um miss plumley has a first i mean his motion do do we get a second was it mr clark i don't think we require a second we'll get one we'll be consistent we just did yeah so i'll second all right mr clark seconds and then we'll take a vote so we are vote we are voting on miss tucker not just to add to the agenda correct okay okay there we go you guys are efficient today all in place all in place the next item on the agenda is we are we actually need to appoint or hoping to appoint a new member to the landscape review committee and you receive with your package the resume of mr joseph browning and mr browning would you like to come up and say hey good afternoon my name is joseph browning i'm a lexantonian and a local landscape architect love it love it okay Okay. Does anybody have any questions or any information about Mr. Browning? Joseph, I am on the landscape review committee as a representative of the Board of Adjustment. One question I want to ask is, and I think this is, it should be obvious, I guess, but will you come to meetings? I would be happy to attend the meetings. Because there have been times when I was the only person there. And I'm afraid that some people didn't take it really seriously, but it's better now. So I think we're moving well, and we're glad to have you as part of it. And I should also say that we don't meet very often, so it's not a terrible task. I didn't find out it was four years until after I signed up. but I'm happy to participate. It'll go quickly. When you're having fun, it goes fast. Yes, ma'am? Yes. Could you just enlighten us a little bit what the Landscape Committee does? Right. Yeah. So the Landscape Review Committee is charged with reviewing variance applications to Article 18, which is related to landscaping requirements, Our variance application today actually had some variance requests related to Article 18, and so the Landscape Review Committee met to listen to that appeal and voted as to whether or not they supported their variance requests. So their recommendations incorporated in our staff reports whenever they do meet and is a part of our recommendation to the board. I guess I'll add I believe I'm standing before you because in the last few months I've taken on a position where I meet or am in regular contact with the planning members that oversee those articles 18, 20, 16 open space and landscaped areas and my work with them on a semi-regular basis has led to me being in front of you today Thank you. Any more questions? If not, I will entertain a motion. I move approval of Joseph Browning as a new member of the Landscape Review Committee. Thank you, Mr. Clark. Do we have a second? Second. Thank you, Mr. Walker. and nothing further we'll take a vote deal congratulations i think absolutely you can review your salary request and requirements after the meeting are there any other items from steph no no i almost don't know how to end it so quickly it feels weird wait a minute but we will we have two more months that will be light of people maybe not light of cases we do have a couple of members up and until then we'll make do we'll carry the weight and then we will actually recognize chad needham leaving after we have the full board back in place again we didn't want to short him of his celebration okay should we bring food we should always bring food it'll be after my birthday so we're good we can eat again absolutely okay if there's nothing further our next meeting date is august the 14th at 1 30 right here. Meeting adjourned. We'll be right back.