Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on June 26, 2009, at 1:00 p.m. at 200 East Main Street in Lexington, Kentucky, with Peter Brown presiding. The board considered four agenda items during the meeting, taking four votes and hearing four public comments. Of the matters brought before the board, two applications were approved, one was denied, and one was deferred for further consideration. The approved items included a Conditional Use Permit for an indoor recreational facility proposed by Natalie Handshoe and an Administrative Review for a sign modification at Liberty Worship Center. The board denied Garrett LLC's request for an Administrative Review regarding a fence waiver. The revocation hearing for Fender Funeral Directors' Conditional Use Permit was deferred.

Attendance

The following individuals were present at the meeting on June 26, 2009:

• Peter Brown
• Louis Stout
• James Griggs
• Carolyn Edwards
• Barry Stumbo
• Kathryn Moore
• Jan Meyer
• Jim Hume
• Barry Brock
• Jim Gallimore
• Capt. Charles Bowen
• Rochelle Boland
• Bill Sallee
• Jim Marx
• Wanda Howard
• Richard Murphy
• Sara Tuttle
• Glinden Ashcraft
• Cory Heitz

Cory Heitz arrived late to the meeting. No attendees were absent.

Votes and Decisions

C-2005-53: Fender Funeral Directors Conditional Use Permit Revocation Hearing 7:57

A motion by Louis Stout, seconded by Jan Meyer, to continue the revocation hearing for Fender Funeral Directors' conditional use permit was postponed by unanimous vote.

C-2009-34: Natalie Handshoe Indoor Recreational Facility Conditional Use Permit 11:39

A motion by Mr. Stumbo, seconded by Mr. Stout, to approve a conditional use permit for Natalie Handshoe's indoor recreational facility passed unanimously. The facility shall be established in accordance with the submitted application and site plan, with operating hours on Monday through Friday from 8:00 AM to 9:00 PM.

A-2009-32: Liberty Worship Center Sign Modification Administrative Review 14:28

A motion by Louis Stout, seconded by James Griggs, to approve an administrative review for Liberty Worship Center sign modification passed by roll call vote with 6 ayes and 1 nay.

Voting in favor: Carolyn Edwards, James Griggs, Jan Meyer, Kathryn Moore, Louis Stout, and Barry Stumbo

Voting against: Peter Brown

The approval includes the following conditions: An identification sign of 96 square feet (8' by 12') may be placed on a single pole of the existing structure with a resulting total height of no more than 50', as depicted in the revised elevation drawing submitted on June 10, 2009. The balance of the existing 50' by 20' sign support structure shall be removed either prior to or concurrent with the installation of the new sign. All work shall be done in accordance with a permit issued by the Division of Building Inspection, with the appellant to provide reasonable documentation that the single pole support that is to remain is structurally sound and suitable for the proposed sign. No additional wall signs are allowed on this building.

A-2009-35: Garrett LLC Solid Fence Requirement Waiver Request 40:17

A motion by Louis Stout, seconded by Kathryn Moore, to disapprove an administrative review request by Garrett LLC to waive the solid fence requirement passed unanimously.

Public Comment

Four speakers addressed the Garrett LLC fence appeal during the public comment period.

Cory Heitz 29:50 apologized for arriving late and explained that he had understood the staff recommendation to be a final decision. He argued that existing trees and topography on the property prevent visibility of the storage area from the street, and requested relief from the fence requirement on the front side of the property.

James Griggs 32:27 expressed concern about the precedent the case might establish. He noted that deciduous trees would not provide year-round screening and recommended strict adherence to the zoning ordinance.

Louis Stout 34:07 asked staff about available mechanisms to grant relief for the front view, acknowledging that the fence might not be visible from the street. However, he ultimately supported the staff's disapproval of the appeal, citing the ordinance's absolute language.

Kathryn Moore 36:55 asked whether the fence requirement could be waived based on the absence of neighbor objections. She was informed that while objections are considered during the review process, they are not determinative in making a final decision.

Contested Items

Garrett LLC Fence Waiver Request

The Board addressed a fence waiver request from Garrett LLC, which generated discussion among members regarding precedent and potential future implications. While the Board ultimately reached unanimity in disapproving the appeal, the path to that decision revealed underlying concerns among several members.

The primary points of contention centered on two issues: the risk of setting a precedent through the waiver decision, and concerns about visibility impacts, particularly from a nearby cemetery. Additionally, members considered the implications of a rezoning request for adjacent land and how the fence waiver decision might interact with that separate matter.

Despite these reservations, the Board voted unanimously to disapprove Garrett LLC's fence waiver request. The unanimous outcome suggests that while members had concerns about the broader implications of granting the waiver, they were aligned in their conclusion that disapproval was the appropriate course of action.

Fender Funeral Directors - Revocation Hearing for Conditional Use Permit

4:09

The Board heard a request to continue the revocation hearing for Fender Funeral Directors' conditional use permit in an Agricultural Urban zone. The hearing addressed ongoing compliance issues with the funeral home's operations.

Presentation and Updates

The applicant presented updated plans addressing previously identified deficiencies:

• Reconfigured parking with 90-degree parking spaces
• Stormwater compliance measures
• Landscaping improvements
• Paving contracts

Key Participants

The discussion involved Board members and staff including Richard Murphy, Jim Hume, Jim Gallimore, and Barry Brock.

Board Decision

The Board agreed to continue the revocation hearing rather than proceed with an immediate decision. The continuation was scheduled for July 31, 2009, to allow time for verification that the proposed improvements and compliance measures had been completed as presented.

Outcome

The hearing was deferred pending completion of the submitted plans and compliance work.

Natalie Handshoe - Conditional Use Permit for Indoor Recreational Facility

Identifier: C-2009-34

Natalie Handshoe requested approval for a conditional use permit to operate a personal fitness training facility in a Light Industrial zone. 8:28

Staff Recommendation and Applicant Request

Staff recommended approval of the permit with operating hours limited to 5–9 PM. However, the applicant requested extended hours beyond the staff recommendation to better serve her clientele.

Board Decision

The Board approved the conditional use permit with modified operating hours of 8 AM to 9 PM, which extended beyond the staff recommendation but fell short of the applicant's full request.

Rationale

The Board cited two primary factors in supporting approval:

• Minimal impact on the surrounding area
• Sufficient parking availability

Outcome

The permit was approved with the Board-modified hours of 8 AM to 9 PM.

Liberty Worship Center - Administrative Review for Sign Modification

Liberty Worship Center requested administrative review approval to modify its signage by replacing a large existing sign with a smaller 96 square foot sign mounted on a single pole. 12:12

Proposal Details

The modification aimed to reduce the visual impact of the church's signage through downsizing and consolidation of the sign structure from a dual-pole configuration to a single pole installation.

Staff Recommendation

Staff recommended approval of the sign modification with conditions. The conditions included: - Removal of the existing dual-pole structure - Structural verification of the proposed installation

Board Action

The Board approved the administrative review by a vote of 6-1.

Key Participants

Glinden Ashcraft and Jim Marx were the key speakers during discussion of this agenda item.

Garrett LLC - Administrative Review for Fence Waiver

24:52

Applicant Request

Garrett LLC requested an exemption from the requirement to install a 6-foot solid fence around an outdoor storage area located in a Heavy Industrial zone. The applicant cited existing trees on the property and the absence of objections from neighboring properties as justification for the waiver.

Staff Recommendation

Staff recommended disapproval of the fence waiver request. The primary basis for this recommendation was that the ordinance contains an absolute requirement for the fence installation, which staff determined should not be waived in this case. Staff also noted concerns about potential future changes to the property that could affect the adequacy of the existing tree coverage as a substitute for the required fencing.

Key Speakers

The discussion involved Cory Heitz, Jim Marx, and Rochelle Boland.

Board Action

The Board voted unanimously to disapprove the fence waiver request for Garrett LLC. This decision upheld the staff recommendation and maintained the requirement that the applicant install a 6-foot solid fence around the outdoor storage area in accordance with ordinance provisions.