Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on July 29, 2011, at 1:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky. Chairman Louis Stout presided over the meeting, which addressed nine agenda items consisting of variance appeals and conditional use appeals. The board took 10 motions and votes during the session and heard 5 public comments.

Of the nine items on the agenda, six were approved, two were postponed, and one outcome was not specified in the records. The approved items included variance appeals for an attached garage (Lex Properties) and a detached garage (Kenny and Regina Holbrook), as well as conditional use appeals for a horse shows facility (Punchestown Stable LLC), parking expansion at First Alliance Church, an airsoft facility (John Strickling), a PetSmart adoption center, and parking expansion at Pleasant Ridge Baptist Church. Two variance appeals were postponed: one for directional signs (Johnny Temple) and one for a carport (Doris Daugherty).

Attendance

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

• Louis Stout
• Barry Stumbo
• Janice Meyer
• Noel White
• James Griggs
• Thomas Glover
• Jim Hume
• Chuck Saylor
• Jim Gallimore
• Rochelle Boland
• Bill Sallee
• Jim Marx
• Wanda Howard
• Steve Perry
• Jason Banks
• Art Davis
• John Strickling
• Michelle Merrick
• Earl Thomas
• Bill Dowden
• Sean Riley
• Sarah Riley
• Han
• Joyce Hahn

No absences or late arrivals were recorded.

Votes and Decisions

Approval of Minutes 2:23 The Board unanimously approved minutes from five previous meetings: October 29, 2010; February 25, 2011; April 29, 2011; May 20, 2011; and June 24, 2011. Motion by Mr. Griggs, seconded by Mr. Stumbo.

V-2011-27: Johnny Temple Directional Signs Variance 3:58 The Board unanimously postponed Johnny Temple's variance appeal for directional signs in a Professional Office (P-1) zone. Motion by Mr. Stumbo, seconded by Ms. White.

V-2011-48: Lex Properties Side Yard Setback Variance 14:25 The Board unanimously approved Lex Properties' variance to reduce side yard setback from 30 feet to 18 feet along Shenandoah Drive in a Single Family Residential (R-1C) zone. Motion by Ms. Meyer, seconded by Ms. White. The approval includes conditions requiring a revised site plan, permits from the Division of Building Inspection, a maximum driveway width of 20 feet, and planting of a minimum of three small to medium-sized trees along Shenandoah Drive.

V-2011-50: Kenny and Regina Holbrook Yard Setback Variance 16:37 The Board unanimously approved Kenny and Regina Holbrook's variance to reduce yard setback from 300 feet to 221 feet along Jacks Creek Pike in an Agricultural Rural (A-R) zone. Motion by Ms. White, seconded by Ms. Meyer. Conditions include construction per the submitted site plan, prohibition of commercial equipment storage, and required permits from the Division of Building Inspection.

C-2011-44: First Alliance Church Parking Lot Expansion 17:47 The Board unanimously approved First Alliance Church's conditional use permit to expand parking lot with grass reinforcement material in an Agricultural Urban (A-U) zone. Motion by Mr. Stumbo, seconded by Mr. Glover. The approval includes extensive conditions regarding design approval by Traffic Engineering, landscaping requirements, erosion monitoring, and a one-year review by the Board.

C-2011-45: John Strickling Airsoft Facility 20:36 The Board unanimously approved John Strickling's conditional use permit to establish an indoor recreational airsoft facility in a Light Industrial (I-1) zone. Motion by Mr. Griggs, seconded by Mr. Stumbo. Conditions include operating hours of 10:00 AM to 10:00 PM, parking requirements, soundproofing, and compliance with all applicable regulations.

C-2011-46: PetSmart Adoption Center Expansion 22:13 The Board unanimously approved PetSmart's conditional use permit to expand the adoption center in a Planned Shopping Center (B-6P) zone. Motion by Ms. Meyer, seconded by Mr. Stumbo. Conditions require soundproofing and prohibit outside pens or kennels.

C-2011-47: Pleasant Ridge Baptist Church Parking Lot Expansion 23:19 The Board unanimously approved Pleasant Ridge Baptist Church's conditional use permit to expand church parking lot in a Single Family Residential (R-1B) zone. Motion by Ms. White, seconded by Mr. Griggs. Conditions include an amended site plan with no additional access drives to Wilderness Road, Traffic Engineering approval, paving and landscaping requirements, and a storm water management plan.

V-2011-49: Doris Daugherty Carport Variance 39:07 The Board unanimously postponed Doris Daugherty's variance appeal to retain a carport in a Single Family Residential (R-1D) zone. Motion by Mr. Chairman, seconded by Mr. Stumbo.

C-2011-43: Punchestown Stable LLC Horse Shows 1:10:01 The Board unanimously approved Punchestown Stable LLC's conditional use permit for seasonal horse shows in an Agricultural Rural (A-R) zone. Motion by Mr. Chairman, seconded by Mr. Stumbo. Conditions limit shows to two weekends per year in the outdoor riding arena only, prohibit outdoor lighting, loud speakers, retail sales, and food service, and require compliance with Fayette County Health Department requirements.

Public Comment

The meeting included five public speakers addressing various property and neighborhood concerns.

Carport Construction Issues

Doris Daugherty spoke at 24:03 about a carport construction problem on her property. She explained that she hired a contractor who misled her into believing a permit was unnecessary, resulting in an improperly constructed carport. Ms. Daugherty emphasized her health issues and inability to shovel snow, and expressed financial hardship regarding the costs of removing trees or rebuilding the structure.

Jim Hume followed at 26:40, noting that Ms. Daugherty was a victim of a dishonest contractor. He indicated that such cases are common and emphasized the need for staff and engineering to work with her to correct the structural issues without imposing undue financial burden.

Punchestown Stable Property Concerns

Bill Dowden spoke at 40:14 about water runoff and land erosion concerns stemming from the Punchestown Stable property. He expressed concern about significant erosion and runoff that impacts his adjacent land and emphasized the need for strict compliance with conditions to prevent further damage.

Neighbor Perspectives on the Stable

Mr. Han, a neighbor, spoke at 56:14 regarding neighbor relations and fairness. While acknowledging minor issues exist, he stated that the overall neighborhood is harmonious. He urged the board to apply common sense and avoid excessive nitpicking, noting that the stable has operated without complaints for years.

Joyce Hahn spoke at 1:01:46 in strong support of Punchestown Stables. She emphasized the stable's positive impact on the community, its role in training riders, and its contribution to the area's character. She expressed concern over the potential failure of the stable.

Contested Items

Doris Daugherty's Carport Variance

The Board addressed a contentious case involving a carport variance for Doris Daugherty, a senior citizen. The applicant had been misled by a contractor regarding the project's requirements. Staff recommended disapproval of the variance request; however, the Board determined that a straightforward denial would not serve the interests of justice in this situation. Rather than rejecting the application outright, the Board voted to postpone the case. This decision allowed staff and engineering to work directly with the applicant to address the structural and safety issues associated with the carport without placing additional financial burden on Daugherty. The postponement provided an opportunity for collaborative problem-solving between the Board's technical resources and the applicant.

Punchestown Stable LLC's Runoff and Noise Concerns

The Board reviewed a permit application for Punchestown Stable LLC, which generated significant community opposition. A neighboring property owner raised substantial concerns about water runoff and erosion originating from the stable operation, citing environmental and property damage issues. Other community members spoke in support of the stable's continued operation. After considering the competing interests, the Board voted to approve the permit for Punchestown Stable LLC. The approval was conditioned on strict requirements designed to ensure the operation's compliance with environmental standards and to protect neighboring properties. These conditions addressed the runoff and erosion concerns raised during the hearing, establishing enforceable measures to mitigate the environmental impact of the stable's activities.

Johnny Temple - Variance Appeal for Directional Signs

Case Number: V-2011-27

Johnny Temple requested a variance to increase sign size, height, and text content on a property zoned Professional Office (P-1). 3:27

Staff Recommendation

Staff recommended postponement of the case due to two outstanding issues:

• The need for an administrative appeal to be completed
• Additional information required regarding sign square footage transfer

Board Action

The Board, with participation from Mr. Marx and Mr. Stumbo, voted to postpone the variance appeal. The case was rescheduled for consideration on September 30, 2011, allowing time for the administrative appeal process and for the applicant to provide the necessary documentation on sign square footage transfer details.

Lex Properties - Variance Appeal for Attached Garage

Case Number: V-2011-48

Lex Properties requested a variance to reduce the required side yard setback from 30 feet to 18 feet for an attached garage in a Single Family Residential (R-1C) zone. 7:18

Presenters and Discussion

The variance appeal was presented by Steve Perry, with participation from board members Mr. Marx and Mr. Hume during the discussion and deliberation.

Staff Recommendation

Staff recommended approval of the variance request, subject to conditions.

Board Action

The Board voted to approve the variance. During deliberation, the Board modified one of the staff-recommended conditions related to tree planting, revising it before granting final approval.

Outcome

The variance was approved with the Board's revised tree planting condition in place.

Doris Daugherty - Variance Appeal for Carport

Case Identifier: V-2011-49

Doris Daugherty appealed for a variance to retain a carport located in a Single Family Residential (R-1D) zone. The carport had been built without a permit and did not comply with applicable code requirements.

Staff Recommendation

Staff recommended disapproval of the variance appeal. The primary concerns were that the carport construction was out of character for the residential zone and that no special circumstances existed to justify granting the variance.

Board Action

The Board, with Chairman Stout presiding, heard from Ms. Daugherty and Mr. Hume during the discussion 24:03. Rather than voting on the appeal immediately, the Board voted to postpone the case. This postponement was intended to allow staff and engineering to work with Ms. Daugherty to explore potential resolutions to the code compliance issues.

Outcome

The variance appeal was postponed pending further coordination between the applicant, staff, and engineering.

Kenny and Regina Holbrook - Variance Appeal for Detached Garage

Kenny and Regina Holbrook requested a variance to reduce the required setback for a detached garage in an Agricultural Rural (A-R) zone. The variance sought to allow construction at 221 feet from the property line, rather than the standard 300-foot setback requirement.

15:32

Jason Banks presented the staff recommendation, which supported approval of the variance. The recommendation was based on the specific characteristics of the Holbrooks' property, including its lot shape and topography. These physical features were determined to justify a reduction in the standard setback requirement.

The Board approved the variance request with conditions. The approval recognized that the lot's unique configuration and terrain made the standard 300-foot setback impractical or unnecessarily restrictive for the proposed detached garage structure.

Punchestown Stable LLC - Conditional Use Appeal for Horse Shows

Punchestown Stable LLC sought a conditional use permit to host seasonal horse shows at their facility. The application was heard as an appeal, with key speakers including Bill Dowden, Sean Riley, and Sarah Riley 39:37.

Concerns Raised

Neighbors expressed concerns about the potential impacts of hosting horse shows, specifically raising issues related to:

• Runoff from the facility
• Noise from events

Board Decision

The Board approved the conditional use permit with specific conditions designed to address neighbor concerns and limit operational impacts:

• No outdoor lighting is permitted
• No loudspeakers are allowed
• The Board emphasized the importance of compliance with all approved conditions

The approval allows Punchestown Stable LLC to proceed with seasonal horse shows while maintaining restrictions intended to minimize effects on surrounding properties.

First Alliance Church - Conditional Use Appeal for Parking Expansion

Case Identifier: C-2011-44

First Alliance Church requested approval for a conditional use permit to expand parking using grass reinforcement material. 17:11

Presentation and Recommendation

Staff recommended approval of the parking expansion project with monitoring and corrective measures to be implemented. The proposal involved using grass reinforcement material to accommodate additional parking capacity at the church facility.

Board Action

The Board approved the conditional use appeal with conditions. The approval included a one-year review requirement to monitor the effectiveness of the grass reinforcement material and ensure compliance with the imposed conditions and corrective measures.

Key Speaker

Art Davis participated in the discussion of this agenda item.

Outcome

The conditional use permit for First Alliance Church's parking expansion was approved with conditions, including the mandatory one-year review period.

John Strickling - Conditional Use Appeal for Airsoft Facility

18:28

John Strickling appealed for a conditional use permit to operate an indoor recreational airsoft facility in a Light Industrial zone. Staff recommended approval of the application with specific operational conditions.

Proposal and Recommendation

The application proposed an indoor airsoft facility for the Light Industrial zone. Staff recommended approval contingent upon operational hours restrictions and soundproofing requirements to address potential impacts on neighboring properties.

Key Speakers

The discussion involved John Strickling, the applicant, and Mr. Marx, who participated in the Board's deliberation.

Board Action

The Board approved the conditional use permit. The approval included modifications to the staff-recommended conditions, specifically extending the operational hours beyond the original staff recommendation and revising other conditions as presented during the meeting.

Outcome

The application was approved with conditions including extended hours of operation and revised operational requirements as determined by the Board.

PetSmart - Conditional Use Appeal for Adoption Center

Case Number: C-2011-46

PetSmart requested approval for a conditional use permit to expand its adoption center within an existing pet store location. 21:37

Staff Recommendation

Staff recommended approval of the expansion with specific conditions. The recommended conditions included requirements for soundproofing and a prohibition on outside pens at the facility.

Key Speakers

Michelle Merrick presented information regarding this agenda item.

Board Action

The Board approved the conditional use appeal with conditions as recommended by staff. The approval included the soundproofing requirement and the restriction on outside pens.

Pleasant Ridge Baptist Church - Conditional Use Appeal for Parking Expansion

Case Number: C-2011-47

Pleasant Ridge Baptist Church requested a conditional use approval to expand its parking lot within a Single Family Residential zone. 22:44

Presentation and Recommendation

Staff recommended approval of the parking expansion with design and stormwater management conditions to be incorporated into the project.

Key Participants

Earl Thomas was a key speaker during the discussion of this agenda item.

Board Action

The Board approved the conditional use appeal for the parking expansion. The approval was granted subject to conditions related to design standards and stormwater management requirements.