Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment met on April 29, 2011, at 1:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Mr. Chair presiding. The board considered eight agenda items, including variance appeals, conditional use permits, and an administrative review. Over the course of the meeting, the board took seven motions and votes and heard three public comments.

The board approved five of the items brought before it: John L. Foley's variance appeal for front setback and landscape buffer; Thoroughbred ATM, LLC's variance appeal for vehicular use area buffer; Classic Cut Lawn's conditional use permit for a plant nursery; Karen Knapp's conditional use permit for a home occupation involving dental appliances; and Clarity Point's conditional use permit for an assisted living and dementia care facility. The board also approved an administrative review of a conditional use permit for Teen Challenge of Kentucky.

One item was postponed: Johnny Temple's variance appeal for sign size and height. Another item, Janice Mueller's conditional use permit application for a banquet facility and dimensional variances, was withdrawn.

Attendance

The following individuals were present at the meeting on April 29, 2011:

• Jason Banks
• Chad Volkert
• Dustin Harrison
• Sally West
• Dick Murphy
• Mark Bilek
• Karen Knapp
• Kevin Frick
• Bill

No absences or late arrivals were recorded.

Votes and Decisions

V-2011-21: John L. Foley Variances [00:08:31] The Board approved variances for John L. Foley to reduce the front setback from 20 feet to 12 feet and eliminate a portion of the landscape buffer on property at 1260 Winchester Road. The motion passed by voice vote. The approval includes five conditions: the site must be developed according to the submitted application and revised site plan dated April 18, 2011; all necessary permits must be obtained from the Division of Building Inspection prior to construction; the final design of the parking lot and access drives must be reviewed and approved by the Division of Traffic Engineering; landscaping between the two access drives must be placed along the pavement edge within the Ashton Drive right-of-way under an encroachment agreement, or alternatively placed at the northwest corner of the lot; and delivery and pick-up of merchandise must use only vehicles able to safely navigate the circular drive without maneuvering within Ashton Drive's right-of-way.

V-2011-27: Johnny Temple Directional Signs [00:05:09] The Board postponed Johnny Temple's variance appeal for directional signs in a Professional Office (P-1) zone by voice vote.

V-2011-28: Thoroughbred ATM, LLC Variances [00:11:47] The Board approved variances for Thoroughbred ATM, LLC to reduce the vehicular use area buffer from 5 feet to 3 feet on the north edge and from 3 feet to 0 feet on the east edge on property at 1760 Harrodsburg Road. The motion passed by voice vote. Eight conditions were imposed, including compliance with the submitted application and site plan, obtaining necessary permits, Division of Traffic Engineering review of access and parking design, transferring required buffer plantings to alternate locations, providing a landscape buffer along the building's back side, preparing a detailed landscaping plan, noting Board action on an amended development plan, and obtaining Kentucky Transportation Cabinet approval for the Harrodsburg Road access.

C-2011-24: Classic Cut Lawn Plant Nursery [00:13:37] The Board approved a conditional use permit for Classic Cut Lawn to establish a plant nursery in the Agricultural Rural (A-R) zone on property at 3897 Winchester Road by voice vote. Five conditions apply: the nursery must comply with the submitted application and site plan; an occupancy permit must be obtained within 60 days; retail or wholesale sales of trees, shrubs, and garden center items are prohibited; no signage may be erected on the property or adjoining areas; and no more than four trucks and eight trailers may be parked on the property.

C-2011-26: Clarity Point Assisted Living Facility [00:15:22] The Board approved a conditional use permit for Clarity Point to establish an assisted living/dementia care facility in a Professional Office (P-1) zone on property at 1744 Alysheba Way by voice vote. Seven conditions were imposed regarding construction compliance, permits, parking lot design and landscaping, traffic engineering review, outdoor lighting standards, stormwater management, and notation of Board action on the development plan.

C-2011-25: Karen Knapp Home Occupation [00:27:48] The Board approved a conditional use permit for Karen Knapp to establish a home occupation fabricating dental appliances in a Single Family Residential (R-1C) zone on property at 429 Cromwell Way by voice vote. Six conditions apply to the operation and sterilization of appliances.

AC-2007-37: Teen Challenge of Kentucky Administrative Review [00:29:23] The Board approved the administrative review of Teen Challenge of Kentucky's conditional use permit for a rehabilitation home in a Single Family Residential (R-1B) zone by voice vote.

Public Comment

Three speakers addressed the board regarding a proposed home occupation for dental appliance fabrication.

Kevin Frick 16:25 raised several concerns about the proposal. He expressed worry about potential decline in property values resulting from the home-based business. Frick also questioned the use of hazardous chemicals in dental product fabrication and noted that the garage structure had already been constructed without prior approval.

Karen Knapp 18:35 responded to the concerns raised. She clarified that the materials used in the dental appliance fabrication process are similar to those found in nail polish and do not constitute hazardous waste. Knapp also explained that the garage remodeling had been completed without prior knowledge of applicable zoning rules.

Bill 20:15 offered a conditional perspective on the matter. He stated that as long as the home occupation remains contained within the home itself, there would be no issue with the operation.

Contested Items

Home Occupation for Dental Appliance Fabrication

A proposal for a home occupation involving dental appliance fabrication generated community opposition. One neighbor raised concerns about the proposed use, citing potential impacts on property values and worries about chemical hazards associated with the work.

The applicant responded to these concerns by clarifying the nature of the materials involved in the dental appliance fabrication process. The applicant explained that the materials used are non-hazardous and are comparable in composition and safety profile to nail polish, addressing the neighbor's chemical hazard concerns.

John L. Foley - Variance Appeal for Front Setback and Landscape Buffer

Identifier: V-2011-21

John L. Foley requested variances for a commercial property in a Highway Service Business (B-3) zone. The applicant sought to reduce the front setback requirement from 20 feet to 12 feet and to eliminate part of the required landscape buffer.

Staff Recommendation and Conditions

Staff recommended approval of the variance appeal contingent upon five conditions. The applicant agreed to comply with all conditions presented by staff.

Outcome

The variance appeal was approved. No opposition to the request was raised during the meeting.

Johnny Temple - Variance Appeal for Sign Size and Height

Case Number: V-2011-27

Overview: Johnny Temple requested a variance to increase sign size and height within a Professional Office (P-1) zoned area. 4:39

Staff Recommendation: Staff recommended postponement of the case, citing the need for additional information and noting potential administrative appeal considerations.

Board Action: The Board voted to postpone the variance appeal to June, allowing time for the necessary information to be gathered and reviewed before proceeding with a final determination.

Key Participants: - Mr. Stout

Thoroughbred ATM, LLC - Variance Appeal for Vehicular Use Area Buffer

Thoroughbred ATM, LLC requested a variance to reduce the vehicular use area buffer on a retail building located in a Neighborhood Business (B-1) zone. 9:34

Presentation and Recommendation

Chad Volkert presented the variance appeal. Staff recommended approval of the request, contingent upon seven conditions. A key requirement among these conditions was obtaining approval from the Kentucky Transportation Cabinet.

Applicant Agreement

The applicant agreed to comply with all seven conditions imposed by staff as part of the approval.

Outcome

The variance appeal was approved.

Janice Mueller - Conditional Use Permit for Banquet Facility and Dimensional Variances

Janice Mueller withdrew her appeal for a conditional use permit for a banquet facility proposed in an Agricultural Rural (A-R) zone. 2:57

The withdrawal was formally acknowledged by the Chair. While the conditional use permit application was withdrawn, dimensional variances associated with the project had been recommended for approval prior to the withdrawal.

Outcome: The appeal was withdrawn.

Classic Cut Lawn - Conditional Use Permit for Plant Nursery

Classic Cut Lawn requested a conditional use permit to establish a plant nursery in an Agricultural Rural (A-R) zone. 12:33

Presentation and Recommendation

Staff presented the application and recommended approval of the conditional use permit subject to five conditions. The proposal was presented by Dustin Harrison and Sally West.

Outcome

The conditional use permit was approved. No opposition to the proposal was raised during the meeting.

Karen Knapp - Conditional Use Permit for Home Occupation (Dental Appliances)

Karen Knapp requested a conditional use permit to operate a home-based business fabricating dental appliances in a Single Family Residential (R-1C) zone 15:54.

Applicant's Proposal

Knapp sought approval to conduct dental appliance fabrication work from her residence. During the discussion, she clarified the nature of materials used in her work, characterizing them as non-hazardous and comparable to nail polish in terms of chemical composition and safety profile.

Concerns Raised

One neighbor opposed the proposed use, citing two primary concerns: potential negative impacts on property values and the presence of chemical hazards associated with the dental appliance fabrication process.

Response and Clarification

Knapp addressed the neighbor's concerns by emphasizing that the materials used in her dental appliance fabrication are non-hazardous. She provided context by comparing the chemical composition and safety characteristics of her materials to common household products like nail polish, suggesting the operation would not pose unusual chemical risks to the neighborhood.

Board Decision

The Board approved the conditional use permit with amended conditions. The approval required that Knapp obtain both building permits and occupancy permits as conditions of the permit. These requirements ensured that the home occupation would comply with applicable building codes and zoning regulations.

Key Speakers

The discussion involved Karen Knapp (applicant), Kevin Frick, and Bill.

Clarity Point - Conditional Use Permit for Assisted Living/Dementia Care Facility

14:11

Clarity Point requested a conditional use permit to establish an assisted living and dementia care facility in a Professional Office (P-1) zoned area. The discussion involved Dick Murphy and Mark Bilek.

Staff recommended approval of the conditional use permit with seven conditions attached to the project. No opposition to the proposal was raised during the meeting.

The conditional use permit was approved.

Teen Challenge of Kentucky - Administrative Review of Conditional Use Permit

28:51

The Board conducted an administrative review of a previously approved conditional use permit for Teen Challenge of Kentucky, a rehabilitation home located in a Single Family Residential (R-1B) zone.

Background

The conditional use permit (identified as AC-2007-37) had been previously granted for this facility. The administrative review process examined whether the operation continued to comply with the conditions originally imposed on the permit.

Board Action

The Board confirmed that Teen Challenge of Kentucky remained in compliance with all conditions of the conditional use permit. Following this confirmation, the Board approved the administrative review.

Outcome

The conditional use permit review was approved, allowing the rehabilitation home to continue operating under its existing conditional use authorization in the R-1B residential zone.