Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on January 28, 2011, at 1:03 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky. Vice-Chair Kathryn Moore presided over the meeting, which included eight agenda items, four public comments, and eight motions and votes.

The board considered six conditional use permits and two administrative reviews. Of these items, five were approved: Jerry Barnette, Jr.'s conditional use permit for a bed and breakfast facility; Diane S. Gibson's conditional use permit for family child care; Angela and Brian Spiers' conditional use permit for a horse riding facility; Steve Mitchell's administrative review for a temporary mobile home; and Michael D. Childers' administrative review for a second kitchen. Two conditional use permits were denied: Total Grace Baptist Church's request to expand parking and Embrace Church's request to establish a church. One item was postponed: Vulcan Construction Materials' conditional use permit for underground mining.

Attendance

Present: Kathryn Moore, James Griggs, Barry Stumbo, Janice Meyer, Noel White, Thomas Glover, Jim Hume, George Dillon, Mark Newberg, Chuck Saylor, Jim Gallimore, Rochelle Boland, Bill Sallee, Jim Marx, Barbara Rackers, and Wanda Howard.

Absent: Louis Stout.

Late: Thomas Glover.

Votes and Decisions

C-2011-1: Jerry Barnette, Jr. - Bed and Breakfast Conditional Use Permit 16:13

Motion by Mr. Griggs, seconded by Mr. Stumbo. The board unanimously approved a conditional use permit for a four-room bed and breakfast in an A-R zone. The approval includes five conditions: the facility must operate according to the submitted application and site plan; an occupancy permit must be obtained from the Division of Building Inspection before opening; sewage treatment must comply with Fayette County Board of Health requirements; the facility must comply with Article 1-11 of the Zoning Ordinance for bed and breakfast facilities; and the approval becomes null and void if the appellant no longer resides at the location.

C-2011-3: Diane S. Gibson - Family Child Care Conditional Use Permit 22:38

Motion by Ms. Meyer, seconded by Ms. White. The board unanimously approved a conditional use permit for family child care in an R-1E zone. Eight conditions were imposed, including: care limited to Monday through Friday for no more than 12 children; a certificate of occupancy required before enrollment exceeds six children; no more than six children after 6:00 PM; specific driveway parking requirements; parent notification regarding limited on-street parking; outdoor play area of over 5,000 square feet to be fenced; approval becomes null and void if the appellant no longer resides at the location; and the board will review the use six months after occupancy certificate issuance.

C-2011-4: Angela and Brian Spiers - Commercial Outdoor Recreational/Horse Riding Facility 24:14

Motion by Ms. White, seconded by Mr. Griggs. The board unanimously approved a conditional use permit for a commercial outdoor recreational and horse riding facility in an A-R zone, subject to four conditions: construction and operation according to the submitted application and site plan; all necessary permits from the Division of Building Inspection; the outdoor riding ring shall not be lighted and shall be used for private riding and training only, with no public events; and sewage treatment must comply with Department of Health requirements.

A-2011-7: Steve Mitchell - Temporary Mobile Home During Construction 25:39

Motion by Mr. Stumbo, seconded by Ms. Meyer. The board unanimously approved an administrative review to allow a temporary mobile home during construction in an A-R zone, with four conditions regarding placement, permits, removal timeline, and prohibition of commercial structures.

A-2011-8: Michael D. Childers - Second Kitchen in Detached Garage/Pool House 26:55

Motion by Mr. Griggs, seconded by Ms. Meyer. The board unanimously approved an administrative review to allow a second kitchen in a detached garage/pool house in an EAR-1 zone.

C-2010-100: Total Grace Baptist Church - Parking Expansion and Variances 34:23

Motion by Ms. Boland, seconded by Ms. Meyer. The board unanimously disapproved a conditional use permit for parking expansion and variances in R-1C and R-3 zones.

C-2011-5: Embrace Church - Church Establishment 39:06

Motion by Ms. Meyer, seconded by Mr. Sallee. The board unanimously disapproved a conditional use permit to establish a church in an R-4 zone.

C-2010-110: Vulcan Construction Materials - Underground Mining 27:59

Motion by Mr. Hopgood, seconded by Mr. Glover. The board voted by voice to postpone consideration of a conditional use permit for underground mining in A-R and B-1 zones.

Public Comment

Four speakers addressed the Board during the public comment period, raising concerns about mining ordinance compliance, regulatory oversight, and environmental and historic impacts.

Mining Ordinance Compliance

Mary Diane Hanna presented evidence of record-keeping failures by LFUCG departments 10:54. She documented that required records for Vulcan Materials—including inspection reports, permits, and environmental data—were not maintained in compliance with the mining ordinance.

Ownership and Permit History

Lori Lawrence provided a detailed historical timeline of Vulcan's ownership and lease agreements dating back to 1957 24:30. Lawrence highlighted multiple transfers of ownership and noted that permit updates were not properly completed following these changes, raising concerns about regulatory oversight.

Historic District Proximity

Gwen Meeker addressed the proximity of the proposed mining expansion to the Boone Creek Rural Historic District, a National Register site 33:12. Meeker emphasized the environmental and historic significance of the area and urged the Board to consider these factors in its decision.

Environmental and Scenic Concerns

Jessica Brown argued that the quarry expansion would negatively impact the environmentally sensitive AN zone, damage scenic byways, and disrupt wildlife corridors 40:29. Brown contended that the expansion contradicts the 2007 Comprehensive Plan.

Appointments

Kathryn Moore was appointed to the Board of Adjustment.

Contested Items

The January 28, 2011 meeting included two highly contested matters:

Vulcan Construction Materials Mining Expansion

This proposal generated significant community opposition. The hearing included extensive public testimony from neighbors, environmental advocates, and historic preservationists. Opponents raised concerns about environmental impacts, scenic degradation, and historic preservation issues related to the proposed expansion.

Embrace Church Conditional Use Permit

This matter prompted intense debate regarding the church's effects on the surrounding neighborhood. Multiple residents expressed concerns about traffic congestion, parking availability, and increased homeless activity associated with the church's operations.

Jerry Barnette, Jr. - Conditional Use Permit for Bed and Breakfast Facility

14:40

The Board considered a conditional use permit application from Jerry Barnette for a bed and breakfast facility on a rural property. The applicant presented the proposal for a four-room bed and breakfast operation.

The Board approved the conditional use permit, subject to five conditions:

• Occupancy permits must be obtained
• Compliance with zoning regulations is required
• Additional conditions as specified in the permit approval

The approval allows the bed and breakfast facility to operate on the rural property in accordance with the conditional use permit framework and the specified conditions.

Diane S. Gibson - Conditional Use Permit for Family Child Care

17:14

The Board considered a conditional use permit application from Diane S. Gibson for family child care operations in a residential zone.

Outcome

The Board approved the conditional use permit with an additional condition requiring a six-month review after issuance of a certificate of occupancy.

Angela and Brian Spiers - Conditional Use Permit for Horse Riding Facility

23:40

The Board considered a conditional use permit application from Angela and Brian Spiers for a commercial outdoor recreational horse riding facility to be located in an agricultural zone.

Presentation

Brian Spiers presented the proposal for the horse riding facility. The application sought approval for commercial outdoor recreational use of the property within an agricultural zoning district.

Board Action

The Board approved the conditional use permit for the horse riding facility.

Conditions of Approval

The approval included the following conditions:

• Restrictions on lighting at the facility
• Limitations on the use and scope of operations
• Requirements regarding sewage management and disposal

Steve Mitchell - Administrative Review for Temporary Mobile Home

24:55

Steve Mitchell presented an administrative review request for a temporary mobile home during construction. The Board reviewed the proposal and approved the administrative review, allowing for the placement of a temporary mobile home with specific conditions governing its removal and use.

The approval included conditions that addressed the temporary nature of the installation and established requirements for eventual removal of the mobile home once construction activities were completed.

Outcome: Approved

Michael D. Childers - Administrative Review for Second Kitchen

26:21

The Board considered an administrative review request from Michael D. Childers regarding approval for a second kitchen in a detached garage/pool house on his property.

Presentation and Rationale

Michael Childers presented the request for the second kitchen installation. The Board's approval was based on the property's large size and the accessory nature of the structure in question. The detached garage/pool house was determined to be an appropriate location for this secondary kitchen facility given these circumstances.

Outcome

The Board approved the administrative review, allowing Michael D. Childers to proceed with installing a second kitchen in the detached garage/pool house.

Total Grace Baptist Church - Conditional Use Permit to Expand Parking

Identifier: C-2010-100

Outcome: The Board denied the conditional use permit.

Discussion Summary

The Board considered a conditional use permit application for Total Grace Baptist Church to expand parking 32:13. Don Todd presented on this matter.

Despite a staff recommendation in favor of the permit, the Board ultimately denied the application. The denial was primarily attributed to two factors:

• Lack of Applicant Presence: The applicant did not appear at the meeting to present or respond to questions about the proposal.

• Unaddressed Concerns: The Board noted that concerns regarding parking and design had not been adequately addressed. The absence of the applicant meant these issues could not be discussed or resolved during the meeting.

The staff recommendation did not persuade the Board to approve the permit in the applicant's absence, particularly given the outstanding concerns about the project's parking and design elements.

Embrace Church - Conditional Use Permit to Establish Church

36:47

The Board considered a conditional use permit application for Embrace Church to establish a church in a high-density apartment zone. The application was presented to the Board for decision.

Key Speakers

The following individuals participated in the discussion: Rebecca Young, Jim McKeegan, Farzin Seder, Bill Johnston, Joe Childers, Tim Mellon, Twyla Martins, Ben Gallagher, Seth Brewer, Karen Dupre, Keith Clark, David Dupamis, and Dan Atkinson.

Staff Recommendation

Staff recommended approval of the conditional use permit for the church.

Board Decision

Despite the staff recommendation, the Board voted to deny the conditional use permit application.

Concerns Raised

The Board's decision to deny the permit was based on concerns regarding:

• Parking impacts
• Traffic impacts
• Overall impact on the neighborhood

These concerns were significant enough that the Board determined the conditional use permit should not be granted, even with staff's recommendation for approval.

Outcome

The conditional use permit for Embrace Church to establish a church in the high-density apartment zone was denied.

Vulcan Construction Materials - Conditional Use Permit for Underground Mining

Case Identifier: C-2010-110

The Board addressed Vulcan Construction Materials' request for a conditional use permit to expand underground mining operations 27:59. Key participants in the discussion included Richard Hopgood, Don Todd, Mary Diane Hanna, Lori Lawrence, Gwen Meeker, and Jessica Brown.

The Board identified concerns regarding the completeness of the record and quorum requirements that prevented proceeding with a full hearing on the matter at this time. Rather than move forward with the presentation and deliberation, the Board determined that additional time was needed to ensure all necessary procedures and documentation were properly in place.

A motion was made to adjourn the hearing and continue the matter to the following month, allowing for proper preparation and ensuring that all Board members could participate in the decision-making process. This approach ensured that Vulcan's request would receive full consideration with a complete record and adequate Board representation.

Outcome: The hearing was postponed, with the matter scheduled to be revisited at a subsequent Board meeting.