Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment met on March 25, 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 10 agenda items, including variances for setback and landscape buffer reductions, conditional use permits for various commercial and institutional uses, and reviews of existing conditional use permits. The board took 10 motions and votes during the meeting and heard 3 public comments. Of the items considered, 9 were approved and 1 was postponed. The approved items included variances for residential and commercial properties, conditional use permits for a pavilion, historic house museum, golf driving range, medical clinic, children's entertainment center, and pawnshop, as well as reviews of several existing conditional use permits.

Attendance

The following individuals and organizations were present at the meeting on March 25, 2011:

Present: - John Thompson - Linda Thompson - Belinda Doty - C.L. Redmond - Dick Murphy - Craig Harden - Chas Hyde - George Crowley - John Hadlock - Sherry Redmond - Chris Redmond - Catherine Redmond - Seth Tuska - Ray Van Metre - Kelly Van Metre - Derek Vaughan - Rochelle - Lewis - Jay - Mr. Stout - Mr. Hume - Ms. Boland

Organizations represented: - S&M Pawnshop Inc. - Mission Lexington - Monkey Joes

No attendees were recorded as absent or late.

Votes and Decisions

The Board took action on ten items during this meeting, all decided by voice vote.

Variance V-2011-20 9:41 to reduce the front setback from 30 feet to 25.5 feet for a room addition on 2293 Shannawood Drive in the R-1C zone passed. The addition must be constructed in accordance with the submitted application and site plan, and all necessary permits must be obtained from the Division of Building Inspection prior to construction.

Variance V-2011-21 5:14 to reduce the front setback from 20 feet to 12 feet and eliminate part of the landscape buffer for a commercial building at 1260 Winchester Road was postponed.

Variance V-2011-22 12:20 to reduce the perimeter landscape buffer from 15 feet to 10 feet and alter plantings for a retail shop at 2011 Rainbow Road in the B-1 zone passed. The property must be landscaped in accordance with the submitted application and revised site plan, with continuous plantings of at least 3 feet in height along the southwesterly edge of the parking lot and at least one small tree or cluster of shrubs at the easterly end of the front open space. A detailed landscaping plan must be approved by the Division of Building Inspection and implemented prior to obtaining a final occupancy permit. The variance does not pertain to any signage proposed for the property.

Conditional Use Permit CV-2011-18 14:26 to add a pavilion to an existing garden center and reduce the 300-foot setback to 180 feet on 4432 Old Nicholasville Road in the A-U zone passed, with the pavilion to be constructed in accordance with the submitted application and site plan.

Conditional Use Permit C-2011-16 16:39 to establish an historic house museum at 147 Old Park Avenue in the R-3/H-1 zone passed, with detailed conditions regarding parking management and compliance with the Division of Historic Preservation.

Conditional Use Permit C-2011-17 19:49 to allow continued operation of a golf driving range under new management at 4400/4440 Athens-Boonesboro Road in the A-R zone passed, subject to eight conditions including daylight-only operation, a maximum of 40 tee boxes, and restrictions on signage and retail sales.

Three conditional use permit reviews passed: C-2007-101 for a medical clinic at 1321 Trent Boulevard 22:01, C-2009-49 for a children's entertainment center at 1850 Bryant Road 22:33, and C-2010-85 for a pawnshop at 285 E. New Circle Road 23:43.

Variance V-2011-23 1:03:27 to increase the floor area ratio from 0.35 to 0.50 for conversion of a multi-family building into a duplex at 331 Aylesford Place in the R-3/H-1 zone passed, with the proposed addition limited to a maximum of 3,708 square feet and the basement restricted to mechanical, storage, or recreational use only.

Public Comment

Three speakers addressed the board during the public comment period.

Mr. Stout 55:34 raised safety concerns regarding the current multi-unit structure. He expressed that the existing building with multiple units poses greater fire safety risks compared to the proposed two-unit configuration. Mr. Stout emphasized that the proposed renovation would improve egress and overall safety for students.

Mr. Hume 59:27 disclosed a personal connection to Craig Harden, owner of Lexington Land Company. He made this disclosure to ensure transparency during the discussion of the variance request.

Mr. Murphy 1:06:44 provided clarification on two technical matters. He clarified that the 3,708 square feet referenced in the proposal refers to floor area ratio calculation and does not include decks. He also confirmed that the basement will not be used for bedrooms due to egress issues.

Contested Items

Safety and Unit Configuration for 331 Aylesford Place

A heated discussion arose regarding the proposed two-unit configuration for 331 Aylesford Place and its safety implications compared to the existing multi-unit setup. The central disagreement focused on whether reducing the number of units would improve building safety, particularly regarding egress and fire safety standards.

One board member argued that the proposed two-unit configuration would enhance safety by improving egress conditions and fire safety compared to the current multi-unit arrangement. This position conflicted with staff's initial recommendation to postpone action on the matter, suggesting staff had concerns about proceeding with the proposal at that time.

The debate reflected differing assessments of how unit configuration directly affects occupant safety and emergency evacuation capabilities. The board member's argument centered on the premise that fewer units would create better emergency access and reduce fire risk, while staff's recommendation to delay indicated reservations about approving the configuration change without further consideration.

Variance to reduce front setback from 30 feet to 25.5 feet for a room addition on 2293 Shannawood Drive

John and Linda Thompson requested a variance to reduce the front setback requirement from 30 feet to 25.5 feet for a room addition at 2293 Shannawood Drive 8:33. The property is located in a Single Family Residential (R-1C) zone.

Presentation and Rationale

Staff recommended approval of the variance based on several factors:

• The proposed reduction would have minimal impact on the surrounding area
• Special circumstances existed due to irregular building alignment on the property
• The room addition was needed to provide "aging in place" accommodations for the homeowners

Board Action

The Board approved the variance request. The approval included two conditions that the applicants must satisfy.

Case Identifier: V-2011-20

Variance to reduce front setback and eliminate part of landscape buffer for commercial building at 1260 Winchester Road

4:43

Proposal

John L. Foley requested two variances for a commercial building at 1260 Winchester Road located in a B-3 zone. The variances sought to reduce the front setback from 20 feet to 12 feet and to eliminate part of the landscape buffer.

Key Issues and Concerns

Staff raised several concerns about the proposal that led to a recommendation for postponement:

• Truck maneuverability issues related to the reduced setback
• Potential traffic impact from the proposed changes
• Need for more detailed information about the intended use of the commercial building

Outcome

The Board postponed the matter, allowing for additional review and clarification of the concerns raised by staff before proceeding with a decision on the variance request.

Variance to reduce landscape buffer and alter plantings for retail shop at 2011 Rainbow Road

11:18

Belinda Doty requested a variance to modify landscape requirements for a retail shop located at 2011 Rainbow Road in a B-1 zone. The variance sought to reduce the perimeter landscape buffer from 15 feet to 10 feet and to alter the plantings for the property.

Staff recommended approval of the variance. The recommendation was based on two primary factors: the need to preserve neighborhood character and the existence of special circumstances arising from the property's prior residential use.

The Board of Appeals approved the variance request. The approval was granted subject to three conditions that were imposed to ensure compliance with local standards and protect the surrounding area.

Outcome: Approved with conditions

Variance to increase floor area ratio for duplex conversion at 331 Aylesford Place

Lexington Land Company LLC requested a variance to increase the floor area ratio from 0.35 to 0.50 for the conversion of a multi-family building into a duplex located at 331 Aylesford Place in a historic district 23:43.

Initial Staff Position

Staff initially recommended postponement of the variance request, citing insufficient information regarding bedroom count and occupancy details needed for proper evaluation.

Presentation and Discussion

Following staff's preliminary recommendation, the applicant provided a detailed presentation to address the concerns raised. Key speakers in the discussion included Dick Murphy, Craig Harden, Mr. Hume, and the Board Chair, along with staff members.

Board Decision

The Board approved the variance request. The approval included five conditions imposed to ensure the project's compliance with applicable regulations and safety standards. These conditions specifically addressed safety requirements and compliance with fire code provisions.

Outcome

The variance to increase the floor area ratio for the duplex conversion at 331 Aylesford Place was approved with conditions.

Conditional use permit to add pavilion and variance for setback reduction at 4432 Old Nicholasville Road

13:21

C.L. Redmond requested a conditional use permit to add a pavilion to an existing garden center located at 4432 Old Nicholasville Road. The request also included a variance to reduce the required 300-foot setback to 180 feet in an A-U zone.

Staff recommended approval of both the conditional use permit and the variance. The recommendation was based on findings that the proposed pavilion would have minimal impact on the surrounding area and that special circumstances supported the variance request.

The Board approved the conditional use permit and variance with two conditions attached to the approval.

Conditional use permit for historic house museum at 147 Old Park Avenue

15:32

Seth D. Tuska requested a conditional use permit to establish a historic house museum at 147 Old Park Avenue, located in a Planned Neighborhood Residential/Historic District Overlay zone.

Staff recommended approval of the permit, citing the public benefit of the proposed museum and the importance of preserving the significant historic structure. The Board found merit in these arguments and voted to approve the conditional use permit.

The approval was granted with three conditions attached to the permit. These conditions were designed to ensure the project's compatibility with the surrounding neighborhood and historic district requirements.

Outcome: Approved with conditions

Conditional use permit for golf driving range under new management at 4400/4440 Athens-Boonesboro Road

Identifier: C-2011-17

George P. Crowley requested a conditional use permit to continue operating a golf driving range under new management at 4400/4440 Athens-Boonesboro Road in an A-R zone 17:19.

Staff recommended approval of the permit with eight conditions. The Board reviewed the application and considered the staff recommendation along with input from the key speakers, including George Crowley, John Hadlock, and staff representatives.

The Board approved the conditional use permit with all eight conditions imposed by staff. The conditions were designed to ensure the golf driving range would operate appropriately within the A-R zoning district while addressing any potential impacts or concerns related to the change in management.

Outcome: Approved with conditions

Review of medical clinic conditional use permit at 1321 Trent Boulevard

20:20

The Board reviewed the conditional use permit for Mission Lexington's medical clinic located at 1321 Trent Boulevard. This review examined compliance with the conditions established for the facility's operation.

Permit Conditions

The conditional use permit included specific requirements for the medical clinic's operation:

• Parking monitoring requirements
• On-site parking use restrictions

Board Review

Staff presented the compliance findings to the Board, with Mr. Chair presiding over the discussion. The Board examined whether Mission Lexington's medical clinic had maintained compliance with all established permit conditions.

Findings and Outcome

The Board found no issues with the clinic's compliance. The facility had met all requirements of the conditional use permit, including the parking monitoring and on-site parking use conditions.

The Board approved the review.

Review of children's entertainment center conditional use permit at 1850 Bryant

22:33

The Board reviewed the conditional use permit for Monkey Joes, a children's entertainment center located at 1850 Bryant Road, identified as agenda item C-2009-49.

Key Findings

Staff presented findings confirming that the facility maintains adequate on-site parking and operates in compliance with permit conditions. The Board examined these compliance matters as part of the required permit review process.

Outcome

The Board approved the conditional use permit review.

Review of pawnshop conditional use permit at 285 E. New Circle Road

23:43

The Board reviewed the conditional use permit for S&M Pawnshop located at 285 E. New Circle Road, identified as case C-2010-85.

Permit Compliance

Staff presented findings confirming that the pawnshop had complied with the conditions of its conditional use permit. The key compliance items verified included:

• Closure of access points
• Installation of landscape buffer

Board Action

The Board approved the review of the conditional use permit, finding that S&M Pawnshop had met the required conditions for continued operation under the permit.