Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on October 30, 2009, at 1:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Chairman Peter Brown presiding. The board considered 12 agenda items, including administrative reviews, revocation hearings, and multiple conditional use requests. The meeting resulted in 10 motions and votes, with the board approving five conditional use applications, denying two others, postponing two revocation hearings, and withdrawing one revocation hearing. Additionally, the board approved the 2010 meeting and filing schedule and received informational updates regarding an APA training conference. Five members of the public provided comments during the meeting.

Attendance

Present: Peter Brown, Louis Stout, James Griggs, Carolyn Edwards, Kathryn Moore, Jan Meyer, Jim Hume, Jim Gallimore, Chuck Saylor, Capt. Charles Bowen, Rochelle Boland, Bill Sallee, Jim Marx, Wanda Howard, Glenn Abbott, Dick Murphy, Earl Thomas, Gloria Thompson, Armando Torres, Tony Barrett, and Wayne Moore.

Absent: Barry Stumbo.

Late: None.

Votes and Decisions

Approval of Minutes 2:35 The board unanimously approved minutes from the August 28, 2009 and September 25, 2009 meetings. Motion by Carolyn Edwards, seconded by Louis Stout. Vote: 6-0.

Postponement of A-2009-60: RBHV Lexington Signage Appeal 3:41 The board unanimously postponed the appeal by RBHV Lexington, LLC / RBHV Lexington Retail, LLC for administrative review to transfer signage. Motion by Louis Stout, seconded by Carolyn Edwards. Vote: 6-0.

Removal of C-2005-53: Fender Funeral Directors 12:33 The board unanimously removed the Fender Funeral Directors revocation hearing from the docket due to compliance with conditions. Motion by Kathryn Moore, seconded by Louis Stout. Vote: 6-0.

Approval of C-2009-63: Pleasant Ridge Baptist Church 14:38 The board unanimously approved the appeal by Pleasant Ridge Baptist Church to amend the rental restriction for the parish house. Motion by Jan Meyer, seconded by James Griggs. Vote: 6-0. The approval includes conditions that the original conditions from C-2001-25 remain in effect except for the rental restriction, the parish house may be used for rental purposes per the submitted application, and the rental dwelling unit may not be expanded.

Approval of C-2009-65: Gloria Thompson Home Occupation 16:41 The board unanimously approved Gloria Thompson's home occupation for candle, soap, and lotion production. Motion by Kathryn Moore, seconded by Carolyn Edwards. Vote: 6-0. Conditions include work confined to the kitchen area not exceeding 300 square feet, compliance with zoning ordinance provisions, and obtaining a Certificate of Occupancy.

Approval of C-2009-66: Armando Torres Live Entertainment 20:16 The board unanimously approved live entertainment (karaoke and serenades) at Armando Torres's restaurant. Motion by Louis Stout, seconded by Carolyn Edwards. Vote: 6-0. Conditions include limiting entertainment to karaoke and serenading with no dancing, restricting entertainment to 1858 Oxford Circle, soundproofing requirements, and keeping doors closed during entertainment.

Approval of C-2009-67: Robert Milward Funeral Home Site Plan 24:21 The board approved the funeral home site plan amendment. Motion by Carolyn Edwards, seconded by James Griggs. Vote: 5-0-1 (one abstention). Conditions include construction per submitted plans, obtaining permits, paved and landscaped parking areas, traffic engineering approval, storm water management, and downward-directed pole lighting.

Postponement of C-2002-2: Episcopal Diocese of Lexington 31:35 The board unanimously postponed the Episcopal Diocese of Lexington revocation hearing. Motion by Louis Stout, seconded by Jan Meyer. Vote: 6-0.

Disapproval of C-2009-50: Robert H. Douglas Bed and Breakfast 55:22 The board unanimously disapproved the conditional use permit for Robert H. Douglas's bed and breakfast. Motion by Kathryn Moore, seconded by James Griggs. Vote: 6-0.

Claysomale Baptist Church Revocation Hearing 49:58 The board unanimously voted to hold a revocation hearing for Claysomale Baptist Church in November 2009. Motion by Louis Stout, seconded by James Griggs. Vote: 6-0.

Public Comment

Five speakers addressed the Board during the public comment period, discussing three separate projects and their progress.

Episcopal Diocese Project

Glenn Abbott presented an update on the Episcopal Diocese project 9:23, providing pay requests and photographs to demonstrate that 57% of the project was complete. Abbott emphasized that much of the completed work involved underground construction not visible to the public and attributed project delays to heavy rainfall.

Wayne Moore followed with additional details on the Episcopal Diocese project timeline 30:01. Moore confirmed that asphalt and landscaping work would begin the following Monday and stated the project would be substantially complete within two weeks, despite earlier delays caused by contractor acquisition issues and weather conditions.

Fender Funeral Directors

Dick Murphy reported on Fender Funeral Directors 11:32, noting that paving and landscaping work had been completed. Murphy thanked the Board for their patience and highlighted the challenges small businesses face in securing funding.

Tony Barrett addressed parking plans for the funeral home 21:54, explaining that only 60 of the 80 planned parking spaces would be constructed initially, with the remaining 20 spaces to be added at a later date without requiring the project to return to the Board for approval.

Child Care Facility Proposal

James Brewer presented a child care facility proposal 41:02. Brewer explained his plan to transport children to and from school to minimize traffic impacts. He stated that he would need 12 children enrolled to make the business financially viable, despite concerns raised about the intensity of existing child care services in the area.

Contested Items

The Board addressed two contentious matters during this meeting:

C-2009-64: James Brewer Child Care Facility

The Board faced a difficult decision regarding approval of a child care facility proposed for a residential area that already contained an existing high-intensity facility nearby. The application presented a close vote, reflecting the Board's struggle to balance competing considerations. The applicant demonstrated compelling financial need, which weighed in favor of the proposal. However, the proximity to an existing similar facility and the residential character of the area created significant concerns among Board members. The split vote outcome indicates the Board remained divided on whether approval was appropriate given these circumstances.

C-2002-2: Episcopal Diocese Revocation Hearing

The Board engaged in heated discussion regarding whether to revoke a conditional use permit held by the Episcopal Diocese. The permit had been issued conditionally seven years prior, and the Board examined the applicant's compliance record. Staff presented evidence of minimal progress toward meeting the permit's conditions over the seven-year period. The Diocese representatives countered that delays resulted from weather-related complications and the complexity of securing funding for their project. This disagreement centered on whether the Diocese's explanations for non-compliance were sufficient to warrant continued permission to operate under the conditional permit, or whether the extended period of minimal progress justified revocation. The heated nature of the discussion reflects the Board's difficulty in reconciling staff concerns about non-compliance against the applicant's assertions about external obstacles beyond their control.

Administrative Review: Signage Transfer from R-3 to B-3 Zone

Identifier: A-2009-60

The Board discussed an administrative review concerning the transfer of 32 square feet of unused signage from a Planned Neighborhood Residential (R-3) zone to a Highway Service Business (B-3) zone. 3:09

Key Speakers

The discussion involved Ryan Daugherty and Jim Marx.

Concerns Raised

The Board identified several concerns that prevented approval of the transfer:

• Administrative burden — The process of transferring signage between zones presented administrative challenges
• Lack of visual connection — The Board noted that the two properties lacked a visual connection to one another
• Uncertainty about sign area limits — Questions remained unresolved regarding the applicable sign area limits for the transfer

Outcome

The Board postponed the appeal rather than approving or denying it at this time. This postponement allowed for further consideration of the issues raised and additional information to be gathered before a final decision.

Revocation Hearing: Episcopal Diocese of Lexington Church Project

8:19

The Board considered a revocation hearing for the Episcopal Diocese of Lexington Church Project (C-2002-2), a conditional use permit matter.

Project Status

The Board heard that the project had made progress on construction activities, including work on underground utilities and paving of sub-surface elements. The contractor reported an expectation of completing these current phases within two weeks.

Board Discussion

Key speakers Glenn Abbott, Jim Hume, and Wayne Moore participated in the discussion. The Board acknowledged that the project had experienced a significant delay in its timeline.

Outcome

Rather than proceeding with the revocation hearing, the Board voted to postpone the hearing. The Board granted a 30-day extension to allow additional time for the project to continue its construction progress.

Revocation Hearing: Fender Funeral Directors

Case Identifier: C-2005-53

Overview

The Board considered a revocation hearing for Fender Funeral Directors' conditional use permit. 11:32

Key Speakers

• Dick Murphy
• Jim Hume

Outcome

The Board removed the revocation hearing from the docket. Staff confirmed that Fender Funeral Directors had completed all required conditions of the original permit, specifically paving and landscaping work. With these conditions satisfied, the revocation hearing was withdrawn and the matter was resolved.

Conditional Use: Robert H. Douglas Bed and Breakfast

Case Identifier: C-2009-50

Outcome: Denied

The Board considered a conditional use application for the Robert H. Douglas Bed and Breakfast 32:45. Key speakers on this matter included Jim Marx and Bill Sallee.

The Board disapproved the appeal based on the applicant's failure to provide necessary documentation required for the conditional use review. Specifically, the applicant did not submit ownership verification and did not demonstrate site plan compliance with applicable regulations.

Additionally, the Board noted a lack of response to multiple outreach attempts made to the applicant during the review process. This failure to engage with the Board's requests and inquiries contributed to the denial of the conditional use application.

Conditional Use: Pleasant Ridge Baptist Church Rental of Parish House

Case Number: C-2009-63

Overview

The Board considered a conditional use request from Pleasant Ridge Baptist Church to allow rental of its parish house. 13:35

Key Presenter

Earl Thomas presented information regarding the church's request.

Decision

The Board approved the conditional use request, allowing the church to proceed with rental of the parish house. The approval was granted subject to three conditions.

Supporting Factors

The Board noted that a building addition to the church had been completed, and that rental of the parish house would support the church's long-term mission.

Conditional Use: James Brewer Family Child Care

Case Number: C-2009-64

Outcome: Denied

The Board considered a conditional use request for James Brewer Family Child Care 35:29. Key speakers on this matter included James Brewer and Jim Marx.

Concerns Raised

The Board identified several factors that led to disapproval of the request:

• Existing child care intensity: The Board noted there was already a high intensity of child care use in the neighborhood, which contributed to concerns about cumulative impacts.

• Lack of natural buffers: The proposed location lacked adequate natural buffers to mitigate potential impacts on surrounding properties.

• Traffic and noise concerns: The Board expressed concerns about traffic and noise impacts, particularly given that the property was located on a cul-de-sac, which could amplify these effects.

Applicant's Proposal

The applicant presented a plan that included transportation of children, which was intended to address some of the anticipated impacts on the neighborhood.

Board Decision

Despite the applicant's mitigation efforts through the transportation plan, the Board determined that the cumulative effect of existing child care uses in the neighborhood, combined with the site's physical constraints and location characteristics, warranted denial of the conditional use request.

Conditional Use: Gloria Thompson Home Occupation

Case Number: C-2009-65

Outcome: Approved

The Board considered a conditional use application for a home occupation involving the production of candles, soaps, and lotions 16:10.

Applicant: Gloria Thompson

Conditions of Approval:

The Board approved the home occupation subject to four conditions:

• Work must be confined to the kitchen
• Compliance with all applicable zoning rules and regulations
• Obtaining a Certificate of Occupancy
• Additional operational requirements as specified by the Board

The approval allows Ms. Thompson to operate her candle, soap, and lotion production business from her residence, provided she adheres to these restrictions and requirements designed to ensure the home-based business operates in compliance with local zoning standards and does not negatively impact the residential character of the neighborhood.

Conditional Use: Armando Torres Live Entertainment

17:26

The Board considered a conditional use request (C-2009-66) for karaoke and serenades at a restaurant operated by Armando Torres.

Outcome

The Board approved the conditional use request, subject to six conditions designed to manage the impact of live entertainment at the location.

Conditions of Approval

The approval included the following requirements:

• Soundproofing measures must be implemented
• Dancing is not permitted
• Operating hours are restricted
• A Certificate of Occupancy must be maintained
• Two additional conditions (not specified in available materials)

The conditional use approval allows the restaurant to offer karaoke and serenade entertainment while maintaining controls to address potential neighborhood impacts related to noise and activity levels.

Conditional Use: Robert Milward Funeral Home Site Plan Amendment

Case Number: C-2009-67

Outcome: Approved

Tony Barrett presented the site plan amendment for the Robert Milward Funeral Home 21:19. The proposal involved an amendment to the conditional use to allow for phased construction of parking facilities.

Key Proposal Details:

The amendment authorized the addition of 20–25 parking spaces to be constructed in a later phase without requiring a new application to the Board.

Conditions of Approval:

The Board approved the amendment subject to six conditions, which included:

• Stormwater management requirements
• Traffic engineering approval

Summary:

The phased approach to parking construction allowed the funeral home to proceed with initial development while deferring the addition of parking spaces to a future phase, contingent upon meeting specified conditions related to stormwater management and traffic engineering standards.

Board Item: Claysomale Baptist Church Revocation Hearing

48:56

A motion was made to schedule a revocation hearing for Claysomale Baptist Church. The hearing was requested due to violations of site plan conditions at the property.

Violations Cited

The church was cited for the following violations:

• Removal of landscaping and fencing
• Unauthorized parking on adjacent property

Outcome

The motion to schedule the revocation hearing was approved.

Staff Item: 2010 Meeting and Filing Schedule

The Board discussed adjustments to the 2010 meeting schedule 51:06.

Key Speakers

Bill Sallee and Jim Marx led the discussion on this item.

Discussion

The Board considered modifications to the 2010 meeting calendar to address scheduling conflicts. Two primary adjustments were discussed:

• Moving the May meeting back one week to avoid a conflict with Memorial Day
• Considering December 10th as the date for the December meeting

Outcome

The 2010 meeting and filing schedule was approved.

Staff Item: APA Training Conference

53:14

Bill Sallee informed the Board of an upcoming APA audio conference scheduled for November 11, 2009, titled "Planning with Large Institutions." The conference counts toward required training hours for staff members.

This was presented as an informational item with no action required from the Board.