Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment met on November 19, 2010, at 1:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with the Chair presiding. The board addressed 19 agenda items during the meeting, including variance appeals, conditional use appeals, administrative reviews, and board business matters. The board took 6 motions and votes and heard 3 public comments. Among the major actions, the board approved variance appeals for Bruce Barnett (V-2010-104) and Manchester Development (V-2010-106), approved a conditional use appeal for Evergreen Missionary Baptist Church (C-2010-102), and approved the Landscape Review Committee Reappointment. Several items were postponed, including the variance appeal for Ken and Lindsay Donworth (V-2010-105), conditional use appeals for B&S Restaurant Management (CV-2010-98) and Total Grace Baptist Church (CV-2010-100), and an administrative review for Randall Peterson (A-2010-103). Two cases were withdrawn: the conditional use revocation for Broadway Christian Church (C-2009-9) and the administrative review for NCJPM Properties (A-2010-90). The board also received informational updates on HB 55 training opportunities and conducted routine business including approval of attendance and minutes.

Attendance

The following individuals were present at the meeting on November 19, 2010:

• Richard Edwins
• Barry McNeese
• Dorothy Porter
• Lyndon Platt
• Rochelle
• Ms. Bowman
• Mr. Weber
• Karen Angelucci

No absences or late arrivals were recorded.

Votes and Decisions

V-2010-104: Bruce Barnett Variance 12:23 The board unanimously approved a variance for Bruce Barnett to reduce the front yard setback from 30 to 20 feet on property at 1421 Richmond Road. The approval includes four conditions: the detached garage must be constructed according to the submitted application and site plan; all necessary permits must be obtained from the Division of Building Inspection prior to construction; the existing driveway must be removed and replaced with grass or landscaping, with the curb cut restored per Division of Traffic Engineering requirements; and the detached garage cannot include a kitchen or be used as an additional dwelling unit.

V-2010-106: Manchester Development Variance 14:04 The board unanimously approved a variance for Manchester Development to eliminate the landscape buffer for a portion of a vehicular use area in a B-4 zone. Three conditions were imposed: the parking lot shall be landscaped per the submitted application and site plan or as amended to comply with Division of Building Inspection requirements; all necessary permits must be obtained prior to construction; and five triangular-shaped areas created by parking space tire stops and the sidewalk edge along Pine Street shall have individual plantings at grade or in planter boxes.

CV-2010-98: B&S Restaurant Management Request 16:39 A motion to deny B&S Restaurant Management's conditional use and variance request due to lack of applicant response was postponed. The applicant will be notified that failure to appear at the next meeting will result in disapproval, which would bar reapplication for one year.

CV-2010-100: Total Grace Baptist Church Request 17:12 The board postponed Total Grace Baptist Church's conditional use and variance request until December 10, 2010.

C-2010-102: Evergreen Missionary Baptist Church Conditional Use 25:45 The board unanimously approved a conditional use permit for Evergreen Missionary Baptist Church to construct a Sunday school and literacy center with two second-floor apartments. Eight conditions were attached, including requirements for permits, parking lot design and landscaping, storm water management, lighting specifications, community parking availability, and filing a consolidation plat.

A-2010-103: Randall Peterson Administrative Review 31:44 The board postponed the administrative review for Randall Peterson's second kitchen request until December 10, 2010.

Public Comment

Three speakers addressed the board during the public comment period.

Richard Edwins 10:03 expressed concern about Bruce Barnett's proposed two-story garage. Edwins, identified as a neighbor, noted that the garage's location was unusual and that it would be taller than the adjacent house. He clarified that he was not objecting to the variance request.

Lyndon Platt 30:08, representing Eagle Engineering, sought clarification regarding the proposed second kitchen in the basement. Platt questioned the kitchen's location and noted that the site plan did not indicate where it would be placed.

Staff 36:57 informed the board that a lengthy technical document related to Vulcan Materials' mine expansion application was available for review. Staff offered to provide physical copies or discs of the document to board members.

Appointments

The following appointments were made during this meeting:

• Richard Weber was reappointed to the Landscape Review Committee.

• Karen Angelucci was appointed to the Landscape Review Committee.

Contested Items

Side Yard Compliance for Evergreen Missionary Baptist Church

A procedural dispute arose regarding a discrepancy between the submitted site plan and the actual side yard requirements for Evergreen Missionary Baptist Church. The board discussed whether the conditions imposed on the project should be made more specific to ensure full compliance. The disagreement centered on how to address the gap between what was proposed and what was required, with consideration given to strengthening the language of conditions to prevent future non-compliance issues.

Second Kitchen Request by Randall Peterson

The board faced a split vote on a request for a second kitchen submitted by applicant Randall Peterson. The applicant was absent from the meeting, which complicated the board's ability to discuss the request directly with the applicant and obtain additional information needed for a decision. The board debated two options: denying the request outright or postponing it to allow time for further information to be gathered. The board ultimately chose to postpone the request rather than deny it, providing an opportunity for additional materials or clarification to be submitted before a final determination would be made.

Attendance

The Chair called the meeting to order at 1:00 p.m. in the Council Chambers 0:00. Attendance was confirmed at this time.

Approval of Minutes

The minutes from the April 30 and September 24, 2010 meetings were presented for approval 1:00. The Chair oversaw this agenda item.

The minutes were approved by voice vote without dissent.

Sounding the Agenda

During the sounding of the agenda, the Chair reviewed items for any postponements and withdrawals 2:39.

Actions Taken:

• The appeal for A-2010-90 was withdrawn after compliance was confirmed.
• V-2010-105 was postponed to December 10, 2010.

Key Participants:

The Chair and Lynn Pettigo were involved in this procedural item.

Transcript or Witnesses

2:08

The Chair provided an informational announcement regarding the rights of applicants and objectors in the proceeding. Specifically, the Chair announced that applicants and objectors have the right to have a transcript prepared at their expense and to have witnesses sworn.

This agenda item was presented as informational in nature, with no debate or discussion recorded.

V-2010-104: Bruce Barnett Variance Appeal

9:02

The Board considered a variance request from Bruce Barnett to reduce the front yard setback requirement from 30 feet to 20 feet.

Bruce Barnett presented the variance request. Richard Edwins also participated in the discussion.

A neighbor raised concerns regarding the proposed garage, specifically about its height and proximity to the property line.

The Board approved the variance request with conditions. The approval included requirements related to construction, landscaping, and use of the property.

V-2010-105: Ken and Lindsay Donworth Variance Appeal

Overview

The variance appeal for Ken and Lindsay Donworth (V-2010-105) was presented as agenda item III.C.2. 3:39

Key Speaker

Lynn Pettigo addressed this agenda item.

Staff Recommendation

The staff recommended disapproval of the variance appeal.

Outcome

The appeal was postponed to December 10, 2010. The postponement was granted due to the applicants' illness and their lack of representation at the meeting.

V-2010-106: Manchester Development Variance Appeal

Overview

The Board considered a variance appeal for Manchester Development regarding the elimination of a landscape buffer for a parking lot located in a B-4 zone.

Key Speaker

Barry McNeese presented on this matter.

Outcome

The Board approved the variance with conditions. The approval included requirements related to landscaping and permitting for the project.

Transcript Location

The discussion of this agenda item begins at 13:02.

CV-2010-98: B&S Restaurant Management Conditional Use Appeal

Discussion

Rochelle presented this conditional use appeal item to the body. The appeal was discussed in the context of incomplete application materials and lack of response from the applicant.

Key Issues

The primary concern was the absence of required documentation and the applicant's failure to respond to requests for information. Staff indicated that without a response from the applicant, a recommendation for denial would be appropriate.

Outcome

The item was postponed to allow additional time for the applicant to provide the necessary documentation and response. 14:34

CV-2010-100: Total Grace Baptist Church Conditional Use Appeal

The board considered an appeal regarding a conditional use request for Total Grace Baptist Church. 17:12

Pastor Robinson participated in the discussion on behalf of the church.

The appeal addressed parking and design concerns that had been raised regarding the church's conditional use application. Rather than proceeding with a decision at this meeting, the church agreed to meet with staff to work through these outstanding issues.

Outcome: The appeal was postponed to December 10, 2010, to allow time for the church and staff to address the parking and design concerns collaboratively before the matter returns to the board for further consideration.

C-2009-9: Broadway Christian Church Conditional Use Revocation

8:01

The revocation hearing for Broadway Christian Church's conditional use permit was withdrawn from the agenda after the church demonstrated compliance with all required conditions. The Chair announced the withdrawal, and the case was removed from further consideration.

Outcome: The matter was withdrawn, eliminating the need for a revocation hearing to proceed.

C-2010-102: Evergreen Missionary Baptist Church Conditional Use Appeal

The Board considered a conditional use appeal for Evergreen Missionary Baptist Church regarding a proposed Sunday school and literacy center. 17:48

Key Speakers

Dorothy Porter and the Board Chair were the primary participants in this discussion.

Proposal and Conditions

The Board approved the conditional use permit for the Sunday school and literacy center with several conditions. The approval included requirements related to:

• Parking arrangements
• Site plan revisions
• Landscaping improvements

Concerns Raised

During the discussion, a concern was raised regarding side yard compliance. This issue was addressed during the Board's deliberation on the application.

Outcome

The Board approved the conditional use permit for Evergreen Missionary Baptist Church's Sunday school and literacy center.

A-2010-90: NCJPM Properties Administrative Review

The Chair addressed this agenda item and announced that it was being removed from the meeting agenda 5:15. The appeal had been included in error and was determined not to be a valid case for consideration at this meeting.

Outcome: The item was withdrawn from the agenda.

A-2010-103: Randall Peterson Administrative Review

Item Identifier: III.E.2

Discussion Type: Administrative Review

Key Speaker: Lyndon Platt

Transcript Location: 26:55

### Summary

The administrative review for A-2010-103 concerning Randall Peterson was postponed during this meeting. The appeal pertained to a request for a second kitchen in a single-family residence.

### Outcome

The matter was postponed to December 10, 2010. The postponement was necessitated by two factors:

• Lack of applicant presence at the meeting
• Incomplete information in the application materials

No further discussion or action was taken on this item at this time.

Board Items

No board members presented items during this segment of the meeting.

Landscape Review Committee Reappointment

33:49

The committee approved changes to the Landscape Review Committee membership. Richard Weber was reappointed to the committee for another four-year term. Additionally, Karen Angelucci was appointed as a new member, replacing Melissa Stephan.

The outcome of this agenda item was approved.

HB 55 Training Opportunity

35:23

Staff announced a training opportunity related to HB 55. An American Planning Association (APA) audio conference titled "Staying Out of Court by Avoiding Pitfalls" was scheduled for December 8, 2010, at 4:00 p.m. in the Phoenix Building.

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

Holiday Wishes

During this agenda item, staff extended holiday wishes to the board and their families for a safe and happy Thanksgiving holiday.

Next Meeting Date

The next meeting was scheduled for December 10, 2010. This date was selected to accommodate the Christmas holiday.

Adjournment

The meeting was adjourned by the Chair at approximately 00:38:38 after all agenda items had been addressed.