Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment met on December 11, 2009, at 1:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky. Chairman Peter Brown presided over the meeting, which addressed ten agenda items including variance requests and conditional use permit applications. The Board took eight motions and votes and heard four public comments during the session.

Of the ten items on the agenda, two were withdrawn: a variance request by Jitander Dudee to reduce landscape buffer width and a variance request by Anderson Homes for Rent to reduce sign setback. The Board approved six conditional use permit applications, including permits for a family child care facility (Carla Jackson-Stovall), an indoor recreational facility (Sam Dick), a personal training studio (Sheila Kalas), an expansion of a preschool at Immanuel Baptist Early Childhood Education Center, an expansion of an athletic complex at Lexington Catholic High School, and a helicopter refueling station for Airvac EMS Inc. The Board also approved a variance request by Troy Lee Turner to reduce side street side yard requirements. One administrative review request by Larry Morton regarding a Building Inspection refusal was denied.

Attendance

Present: Peter Brown, Barry Stumbo, Kathryn Moore, Jan Meyer, James Griggs, Carolyn Edwards, Jim Hume, Chuck Saylor, Jim Gallimore, Rochelle Boland, Jim Marx, Bill Sallee, and Wanda Howard.

Absent: Louis Stout.

Late: Carolyn Edwards.

Votes and Decisions

The Board took action on eight items during this meeting, with all motions passing.

V-2009-87: Variance for Troy Lee Turner 16:35 The Board unanimously approved a variance to reduce the side street side yard from 30 to 21 feet to enclose an existing porch. Motion by Barry Stumbo, seconded by Jan Meyer. The porch may be enclosed in accordance with the submitted application and site plan, contingent upon obtaining all necessary permits from the Division of Building Inspection prior to construction.

C-2009-81: Conditional Use Permit for Carla Jackson-Stovall 20:22 The Board unanimously approved a conditional use permit to provide family child care for up to 12 children. Motion by Carolyn Edwards, seconded by Barry Stumbo. Care may be provided Monday through Saturday from 6:00 AM to 6:00 PM, with extended hours until 9:00 PM limited to six children. A fenced back yard play area and all necessary permits are required prior to opening.

C-2009-82: Conditional Use Permit for Sam Dick 23:08 The Board unanimously approved a conditional use permit to establish an indoor recreational facility for tri-athlete training. Motion by Barry Stumbo, seconded by Carolyn Edwards. The applicant must obtain all necessary permits and secure a minimum of eight off-street parking spaces at 309/333 North Ashland through lease or binding agreement.

C-2009-83: Conditional Use Permit for Sheila Kalas 24:45 The Board approved a conditional use permit to establish a personal training studio by roll call vote, 5-1. Motion by James Griggs, seconded by Carolyn Edwards. Voting in favor: Kathryn Moore, Jan Meyer, Barry Stumbo, Carolyn Edwards, and James Griggs. Voting against: Peter Brown. A Certificate of Occupancy must be obtained within 30 days, and a minimum of six off-street parking spaces must be provided on site.

C-2009-80: Conditional Use Permit for Immanuel Baptist Early Childhood Education Center 37:06 The Board unanimously approved expansion of preschool capacity from 75 to 108 students. Motion by Jan Meyer, seconded by James Griggs. Maximum enrollment is limited to 108 children ages three to five, with hours Monday through Friday from 7:00 AM to 6:00 PM.

A-2009-85: Administrative Review 53:19 The Board unanimously approved an administrative review of Building Inspection's refusal to allow a child care center in an R2 zone. Motion by Barry Stumbo, seconded by Kathryn Moore.

C-2009-84: Conditional Use Permit for Lexington Catholic High School 1:02:55 The Board approved expansion of athletic complex facilities by roll call vote, 5-1. Motion by Kathryn Moore, seconded by Barry Stumbo. Voting in favor: Kathryn Moore, Barry Stumbo, Jan Meyer, James Griggs, and Carolyn Edwards. Voting against: Peter Brown. The backstop height will increase from 30 to 50 feet, and lighting must comply with recommendations from a specialized athletic field lighting company.

C-2009-69: Conditional Use Permit for AirVac EMS Inc. 1:26:09 The Board unanimously approved construction and operation of a helicopter refueling station. Motion by Jan Meyer, seconded by James Griggs. The applicant must obtain FAA permits, conduct a noise impact study, provide a traffic management plan, and maintain a flight log.

Public Comment

Four members of the public addressed the meeting with concerns regarding preschool operations and helicopter safety.

Preschool Expansion and Traffic

Kelly Hale spoke at 27:02 regarding the proposed preschool expansion. Ms. Hale explained that the preschool would operate from 7:00 AM to 6:00 PM, with the majority of children arriving at 9:00 AM and departing at 12:00 PM. She noted that these hours would avoid peak traffic times. Ms. Hale also indicated that parents would be encouraged to use the Tates Creek entrance to reduce congestion on Old Mt. Tabor Road.

Shirley DeBoor commented at 29:48 on traffic and safety concerns on Old Mt. Tabor Road. Ms. DeBoor described the road as functioning like an "expressway" due to through traffic and expressed concern about speeding. She stated her support for the agreement to limit the preschool to 108 students and to utilize the Tates Creek entrance as a means of addressing these traffic concerns.

Helicopter Operations Safety

Kevin Mims raised safety concerns at 1:11:55 regarding the proposed helicopter refueling station. Mr. Mims cited the 37-foot rotor diameter of helicopters and noted that only 50 feet of clearance would exist between the refueling station and the existing helipad. He argued that this proximity could result in mid-air collisions or accidents.

Kelly Shaw spoke at 1:11:22 about safety and communication issues related to helicopter traffic. Mr. Shaw emphasized the lack of communication with the FAA and highlighted the potential for mid-air collisions, particularly given the uncontrolled airspace and high volume of helicopter traffic in the area.

Appointments

Carolyn Edwards resigned from her position with the Kentucky Housing Corporation.

Contested Items

Helicopter Refueling Station Safety

Community neighbors raised significant safety concerns about a proposed helicopter refueling station located in proximity to an existing helipad. The primary issues centered on rotor diameter, limited clearance between the facilities, and the lack of communication with the Federal Aviation Administration (FAA) regarding the project. These concerns prompted a heated discussion during the meeting, reflecting the community's worry about potential hazards associated with the close proximity of refueling operations to active helicopter operations.

Preschool Expansion and Traffic

Objectors to a preschool expansion expressed concern about increased traffic impacts on Old Mt. Tabor Road, which they characterized as a dangerous "expressway" of through traffic. The community opposition focused on the road's existing traffic conditions and the potential for the expansion to exacerbate safety issues. This dispute was ultimately resolved through an agreement that limited enrollment at the preschool and included provisions to redirect traffic, addressing the neighbors' concerns about road safety and congestion.

Child Care Center in R2 Zone

A procedural dispute arose regarding the approval of a child care center proposed for a residential R2 zone. The applicant requested a hardship exception to zoning restrictions, arguing for an exception to standard zoning requirements. However, the Board upheld the existing zoning ordinance, which permits child care centers in R2 zones only when they are accessory to a church, school, or private club. The Board's decision maintained the zoning code's restrictions and denied the applicant's request for an exception based on hardship grounds.

JITANDER DUDEE - Variance to reduce landscape buffer width

Case Number: V-2009-76

Outcome: Withdrawn

The applicant withdrew their appeal for a variance to reduce the required landscape buffer width from 5 feet to 1.5 feet in a Professional Office (P-1) zone. 8:41

Staff Recommendation

Staff recommended disapproval of the variance request, citing public safety concerns and the absence of unique circumstances that would justify a reduction in the required buffer width.

Key Speaker

Jim Marx addressed the matter during the meeting.

ANDERSON HOMES FOR RENT - Variance to reduce sign setback

Case Number: V-2009-86

Applicant Request: Anderson Homes for Rent requested a variance to reduce the required sign setback from 20 feet to 10 feet in a Planned Neighborhood Residential (R-3) zone.

Outcome: The applicant withdrew the appeal. 8:41

Background: The case was included on the meeting agenda due to prior public advertisement, despite the applicant's decision to withdraw the variance request.

Key Participant: Jim Marx

TROY LEE TURNER - Variance to reduce side street side yard

Case Number: V-2009-87

Outcome: Approved

The Board considered a variance request by Troy Lee Turner to reduce the required side street side yard setback from 30 feet to 21 feet to enclose an existing porch on his property. 12:43

Key Speakers: - Troy Turner - Barry Stumbo - Kathryn Moore

Staff Recommendation:

Staff recommended approval of the variance based on two primary factors: the unique alignment of the 1939 dwelling on the property and the hardship that would result from being unable to enclose the porch without the variance.

Board Action:

The Board approved the variance request as presented.

CARLA JACKSON-STOVALL - Conditional use permit for family child care

17:25

The Board considered a conditional use permit application (C-2009-81) from Carla Jackson-Stovall for a family child care operation.

Applicant and Speakers

Carla Jackson-Stovall presented her application, with Barry Stumbo also participating in the discussion.

Permit Details

The conditional use permit would authorize family child care services for up to 12 children, with extended operating hours permitted for up to six children.

Conditions

The applicant agreed to comply with five conditions governing the operation, including permit requirements and specified operational hours.

Outcome

The Board approved the conditional use permit for family child care.

SAM DICK - Conditional use permit for indoor recreational facility

Identifier: C-2009-82

Outcome: Approved

The Board considered a conditional use permit application for an indoor tri-athlete training facility in a B-4 zone 21:29.

Key Speakers: - Sam Dick (applicant) - Barry Stumbo

Conditions of Approval:

The Board approved the conditional use permit subject to three conditions:

• Obtaining all necessary permits
• Securing off-street parking

Action Taken:

The Board granted the conditional use permit for the indoor recreational facility, with the applicant agreeing to comply with the specified conditions.

SHEILA KALAS - Conditional use permit for personal training studio

Case Number: C-2009-83

Applicant: Sheila Kalas requested a conditional use permit for a personal training studio in a B-4 zone 23:40.

Key Speakers: Sheila Kalas and James Griggs

Background: The applicant had been operating the personal training studio business for over five years without obtaining the required conditional use permit.

Conditions of Approval: The Board approved the conditional use permit with three conditions:

• Obtaining a Certificate of Occupancy
• Two additional conditions (specific details not provided in available materials)

Outcome: The Board approved the conditional use permit for the personal training studio.

IMMANUEL BAPTIST EARLY CHILDHOOD EDUCATION CENTER - Conditional use permit to expand preschool

27:02

The Board considered a conditional use permit application (C-2009-80) for Immanuel Baptist Early Childhood Education Center to expand its preschool program.

Applicant and Presentation

Kelly Hale and Shirley DeBoor presented the expansion proposal to the Board.

Proposal Details

The applicant requested approval to expand the preschool from 75 to 108 students, representing an increase of 33 students.

Concerns and Negotiations

The application generated objections from community members. Rather than proceeding to a contested hearing, the applicant worked with objectors to reach an agreement that addressed their concerns.

Conditions of Approval

As part of the resolution, the applicant agreed to:

• Limit enrollment to the proposed 108 students
• Encourage parents to use the Tates Creek entrance to reduce traffic impacts on Old Mt. Tabor Road

These conditions were designed to mitigate traffic concerns raised by objectors in the surrounding area.

Outcome

The Board approved the conditional use permit for the preschool expansion with the agreed-upon conditions in place.

LARRY MORTON - Administrative review of Building Inspection refusal

38:11

The Board considered an administrative review of a Building Inspection refusal regarding a proposed child care center. The key speakers on this matter were Larry Morton and Barry Stumbo.

Background

The appeal concerned a child care center proposed in an R2 zone. The staff had recommended denying the appeal based on zoning ordinance provisions.

Outcome

The Board upheld the staff's recommendation and denied the appeal. The decision was based on the zoning ordinance's restrictions on child care center uses in R2 zones. Specifically, the ordinance does not permit child care centers in this zone unless they are accessory to a church, school, or private club. Since the proposed facility did not meet this requirement, the Board found no basis to overturn the Building Inspection's refusal.

LEXINGTON CATHOLIC HIGH SCHOOL - Conditional use permit to expand athletic complex

Case Number: C-2009-84

Outcome: Approved

The Board considered a conditional use permit for Lexington Catholic High School to expand its athletic complex 53:55. The proposal included conditions addressing stormwater management and the installation of a 50-foot backstop.

Key Speakers and Discussion

Rena Wiseman and Thelma Jo McAtee were the primary speakers on this agenda item. Thelma Jo McAtee had initially filed an objection to the expansion project. However, after the concerns were addressed during the Board's review, McAtee withdrew her objection.

Conditions Approved

The Board's approval included specific conditions for the project: - Stormwater management requirements - Installation of a 50-foot backstop

Resolution

The conditional use permit was approved by the Board. The withdrawal of the objection by the initial opponent indicated that the conditions imposed satisfied the concerns that had been raised about the athletic complex expansion.

AIRVAC EMS INC. - Conditional use permit for helicopter refueling station

The Board considered a conditional use permit application (C-2009-69) from AIRVAC EMS INC. for a helicopter refueling station to be located in a light industrial zone. 1:26:09

Key speakers during the discussion included Mike Kelly, Kevin Mims, and Kelly Shaw.

The applicant agreed to comply with seven conditions as part of the permit approval. These conditions included Federal Aviation Administration (FAA) compliance and noise mitigation measures to address potential impacts on surrounding areas.

The Board approved the conditional use permit.