Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment met on December 10, 2010, at 1:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Mr. Chairman presiding. The board considered nine agenda items involving variances, conditional use permits, and administrative reviews. During the meeting, the board took nine motions and votes, heard six public comments, and addressed requests from applicants seeking relief from zoning regulations or approval for conditional uses.

The board approved five of the nine items under consideration. These included a variance for Ken and Lindsay Donworth to reduce yard setback requirements from 35 feet to 20 feet; a variance for Tates Creek South Shell Ltd. Partnership for car wash mechanical rooms; a conditional use permit for Triology Health Services to operate an assisted living facility; a conditional use permit for LWC, LLC (Mr. Money USA) to operate a pawn shop; an amendment to the conditional use permit for Imani Family Life Center's child care center; and an administrative review for Randall Peterson regarding a second kitchen.

Two items were deferred for further consideration: Total Grace Baptist Church's request for a conditional use permit for parking expansion and associated variances, and Vulcan Construction Materials' request for a conditional use permit for underground mining. One application was denied: B & S Restaurant Management's request for a conditional use permit for live entertainment and an associated variance.

Attendance

The following individuals were present at the meeting on December 10, 2010:

• Mr. Chairman
• Mr. Murphy
• Mr. Briggs
• Lewis
• Kathy
• Rochelle
• Dick
• Ken and Lindsay Donworth
• Charlotte
• Patrick
• Pat Sullivan
• Lynn Pettigo
• Chaz Height
• Brutus Clay
• Ben Campbell
• Bob Cornett
• Matt Will
• John Carman
• Reverend Willis Polk
• Leo Witt
• Deborah Tatum
• Marie Copeland
• Joe Putnam
• Molly Jamison
• William S. Chapman
• Randall Peterson
• Don Todd
• Richard Hopgood

No absences or late arrivals were recorded.

Votes and Decisions

The Board took nine votes on December 10, 2010. All votes were conducted by voice vote, with a consistent voting pattern across all items: four members voting in favor and one member voting against.

V-2010-108 17:27 — Approval of variance to reduce required perimeter setback from 21 feet to 15 feet and residential zone setback from 20 feet to 15 feet for construction of car wash mechanical rooms in a B-6P zone on property at 4201 Saron Drive. Passed 4-1. Voting for: Mr. Chairman, Mr. Murphy, Lewis, Kathy. Voting against: Dick.

CV-2010-98 19:10 — Disapproval of conditional use permit for live entertainment and dancing at a restaurant/bar and variance to reduce 100-foot residential setback to 0 feet in a B-1 zone on property at 120 W. Maxwell Street. Passed 4-1. Voting for: Mr. Chairman, Mr. Murphy, Lewis, Kathy. Voting against: Dick.

CV-2010-100 20:13 — Postponement of conditional use permit to expand parking and variances to reduce front yard setbacks to 0 feet in R-1C and R-3 zones on properties at 1313 and 1317 N. Limestone Street. Postponed 4-1. Voting for: Mr. Chairman, Mr. Murphy, Lewis, Kathy. Voting against: Dick.

C-2010-88 24:10 — Approval of conditional use permit for assisted living facility and nursing home in R-3 zone on property at 2599 Old Rosebud Road. Passed 4-1. Voting for: Mr. Chairman, Mr. Murphy, Lewis, Kathy. Voting against: Dick.

C-2010-107 25:45 — Approval of conditional use permit for pawn shop in B-3 zone on property at 407 W. New Circle Road. Passed 4-1. Voting for: Mr. Chairman, Mr. Murphy, Lewis, Kathy. Voting against: Dick.

C-2010-109 28:37 — Approval of amendment to conditional use permit to eliminate outdoor play area requirement for after-school program in R-3 zone on property at 1555 Georgetown Road. Passed 4-1. Voting for: Mr. Chairman, Mr. Murphy, Lewis, Kathy. Voting against: Dick.

A-2010-103 34:26 — Approval of administrative review to allow second kitchen facilities in single-family residence in R-1B zone on property at 1535/1545 Lakewood Drive. Passed 4-1. Voting for: Mr. Chairman, Mr. Murphy, Lewis, Kathy. Voting against: Dick.

C-2010-110 37:53 — Postponement of conditional use permit for underground mining in A-R and B-1 zones on properties at 7200, 7210, and 7230 Turner Station Road. Postponed 4-1. Voting for: Mr. Chairman, Mr. Murphy, Lewis, Kathy. Voting against: Dick.

V-2010-105 1:40:43 — Approval of variance to reduce required yard along Montclair Drive from 35 feet to 20 feet for detached garage in R-1C zone on property at 1251 Eldemere Road. Passed 4-1. Voting for: Mr. Chairman, Mr. Murphy, Lewis, Kathy. Voting against: Dick.

Public Comment

The meeting included public comments on two primary matters: a proposed variance and a mining case.

ND1 Zoning Process and Variance Concerns

Deborah Tatum 39:31 clarified that the Montclair neighborhood is undergoing a second hearing on ND1 zoning due to three verbiage changes. She emphasized that the current appeal should not undermine the credibility of the upcoming council vote.

Marie Copeland 41:41 expressed concern that approving the variance would undermine the credibility of the ND1 zoning process, which took three years to develop and was supported by 80% of neighborhood respondents.

Support for the Proposed Variance

Brutus Clay 24:26 stated that the proposed garage would be a positive addition to the neighborhood, improve property values, and support the family's investment in the home.

Ben Campbell 26:36, speaking as a residential appraiser, affirmed that the proposed design would be appropriate and improve the neighborhood, and recommended approval.

Lynn Pettigo 1:27:42 explained the design rationale, noting that the garage was designed to enhance safety, privacy, and usability of the backyard, and to align with modern lifestyle needs and neighborhood character.

Mining Case Postponement Request

Don Todd 3:37, representing neighborhood associations, requested postponement of the Vulcan mining case to allow time for review of documents and discussion of concerns.

Appointments

The following appointments to the Board of Adjustment were made:

• Lewis was appointed to the Board of Adjustment
• Kathy was reappointed to the Board of Adjustment
• Mr. Griggs was appointed to the Board of Adjustment

Contested Items

ND1 Zoning and Donworth Variance

A heated discussion emerged regarding whether approval of the Donworth variance would establish a problematic precedent for the upcoming ND1 zoning vote. Speakers disagreed on the relationship between these two matters. Some participants argued that the variance should be evaluated independently of the ND1 zoning process and decided on its own merits, without consideration of how it might influence the broader zoning initiative. Others expressed concern that approving the variance could undermine the credibility of the ND1 zoning vote or set an unwanted precedent that would complicate future zoning decisions. The debate reflected tension between treating individual applications on a case-by-case basis versus considering their cumulative impact on broader planning goals.

Vulcan Mining Proposal

Community opposition to the Vulcan mining case centered on neighborhood associations' concerns about the proposed mining operation. Residents raised objections to the proposal, citing the need for additional time to review relevant documents and conduct community discussion before proceeding. In response to this community input, a request was made to postpone consideration of the mining case, allowing stakeholders adequate opportunity to examine the proposal's details and implications before the matter moved forward for decision.

Ken and Lindsay Donworth - Variance to reduce yard setback from 35 feet to 20 feet

The Board considered a variance request from Ken and Lindsay Donworth to reduce the required side yard setback from 35 feet to 20 feet for a detached garage on a corner lot located in a single-family residential zone 38:53.

Presentation and Evidence

The applicants presented design plans for the proposed garage and provided evidence supporting their request. They demonstrated that the lot's unique configuration created practical constraints for meeting the standard 35-foot setback requirement. The applicants also presented documentation of historical variance patterns in the neighborhood, suggesting that similar relief had been granted to other properties in the area.

Support

The applicants presented evidence of neighbor support for the variance request, indicating community acceptance of the proposed reduction.

Board Discussion

The Board members involved in the discussion included Pat Sullivan, Lynn Pettigo, Chaz Height, Brutus Clay, Ben Campbell, Deborah Tatum, and Marie Copeland.

Outcome

The Board approved the variance request. The approval was granted with conditions, though the specific conditions are not detailed in the available information.

Tates Creek South Shell Ltd. Partnership - Variance for car wash mechanical room

Identifier: V-2010-108

The Board reviewed a variance request submitted by Tates Creek South Shell Ltd. Partnership to reduce perimeter and residential zone setbacks for mechanical rooms at a car wash facility located in a planned shopping center zone. 13:14

Presentation and Recommendation

Staff presented the variance request and recommended approval. The recommendation was based on several factors, including the minimal impact of the proposed variance, the existing use context, and the availability of screening for the mechanical rooms.

Board Action

The Board approved the variance request with conditions. Key speakers in the discussion included Bob Cornett and the Board Chairman.

B & S Restaurant Management - Conditional use for live entertainment and variance

Case Number: CV-2010-98

Request: The Board considered a conditional use permit for live entertainment and a variance to eliminate a 100-foot residential setback for B & S Restaurant Management.

Staff Recommendation: Staff recommended postponement of the matter due to insufficient information being provided.

Key Participants: Mr. Chairman and Mr. Murphy participated in the discussion.

Board Action: The Board disapproved the application due to lack of information.

Transcript Location: 6:27

Total Grace Baptist Church - Conditional use for parking expansion and variances

Case Number: CV-2010-100

Request: The Board considered a conditional use permit for Total Grace Baptist Church to expand parking and reduce front yard setbacks in residential zones.

Staff Recommendation: Staff recommended postponement of the case due to incomplete information and design concerns.

Key Participants: Mr. Chairman and Mr. Murphy were the primary speakers during discussion of this item.

Outcome: The Board voted to defer the case for one month, postponing further consideration pending receipt of additional information and resolution of design issues identified by staff.

Triology Health Services - Conditional use for assisted living facility

The Board reviewed a conditional use permit application (C-2010-88) for Triology Health Services to operate an assisted living facility and nursing home in a planned neighborhood residential zone. 21:56

Presentation and Recommendation

Staff recommended approval of the conditional use permit subject to seven conditions. The applicant, represented by Glenn Hoskins, presented the application to the Board.

Key Development

A significant aspect of the review was the applicant's presentation of a resolution with the Hamburg Homeowners Association, indicating coordination between the project developer and the neighboring residential community.

Board Action

The Board approved the conditional use permit with conditions. The approval was contingent upon the applicant's compliance with the seven conditions outlined by staff, which were designed to address land use compatibility and operational standards for the facility within the residential zone.

LWC, LLC (Mr. Money USA) - Conditional use for pawn shop

The Board considered a conditional use permit application (C-2010-107) for LWC, LLC to operate a pawn shop in a highway service business zone.

Presentation and Recommendation

Staff presented the application and recommended approval of the conditional use permit, subject to four conditions. Matt Will and the Board Chairman were key participants in the discussion.

Applicant Response

The applicant confirmed compliance with the proposed conditions for the permit.

Board Action

The Board approved the conditional use permit with conditions 24:40.

Imani Family Life Center - Amendment to child care center conditional use

Case Number: C-2010-109

Overview

The Board considered an amendment to the conditional use permit for Imani Family Life Center's child care center. The proposed amendment sought to eliminate the outdoor play area requirement for after-school programs. 26:19

Staff Recommendation and Applicant Response

Staff recommended approval of the amendment with two conditions. The applicant, represented by John Carman, confirmed compliance with the recommended conditions.

Board Action

The Board approved the amendment with conditions.

Vulcan Construction Materials - Conditional use for underground mining

The Board considered a conditional use permit for Vulcan Construction Materials to conduct underground limestone mining in agricultural and neighborhood business zones 36:44.

Staff Recommendation

Staff recommended approval of the conditional use permit with conditions.

Key Speakers and Positions

The following individuals participated in the discussion: - Don Todd - Richard Hopgood - Mr. Chairman

Concerns Raised

A neighborhood representative requested that the Board postpone consideration of the case, indicating community concerns about the proposed mining operation.

Outcome

The Board voted to defer the case, postponing it for one month to allow for further consideration and community input.

Randall Peterson - Administrative review for second kitchen

30:49

The Board reviewed an administrative appeal submitted by Randall Peterson requesting permission to install a second kitchen in a single-family residence.

Initial Staff Position and Change

Staff initially recommended disapproval of the appeal. However, after reviewing detailed floor plans submitted by the applicant, staff revised their recommendation to approval.

Key Participants

The discussion involved Randall Peterson, Mr. Chairman, and Mr. Murphy.

Outcome

The Board approved the administrative appeal, allowing the second kitchen in the single-family residence.