Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment met on June 24, 2011, at 1:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Mr. Chairman presiding. The board considered 11 agenda items, taking 9 motions and votes throughout the meeting while hearing 3 public comments. Of the items presented, 8 were approved, 1 was postponed, and 1 was withdrawn. The approved items included five setback variance requests from Castine Properties, Lynn Pedigo, RML Construction, and Mike Kerwin Homes, as well as a wall height variance for Rich Nordling/CY of Lexington, Inc. The board also approved conditional use and variance requests for Shiloh Baptist Church's parking lot, SRG Properties' drive-through facility, and Fellowship Church of Lexington's use of an existing building for church purposes. Additionally, the board approved an administrative review and variances for East Hickman Baptist Church. The Stephen Howard special event facility conditional use request was postponed, and the Jacqueline Allen home occupation administrative review was withdrawn from consideration.

Attendance

The following individuals were present at the meeting on June 24, 2011:

• Jeff Duncan
• David Thompson
• Lynn Pettigo
• Rich Nordling
• Rory Kaley
• Robert Jones
• Nick Nicholson
• David Barber
• Mike Buffen
• Robert Baldwin
• Charles Edwards-Challa
• Rachel Carpenter
• Charles Carpenter

No absences or late arrivals were recorded.

Votes and Decisions

The meeting included nine votes on variances, conditional use permits, and administrative reviews. All votes passed by voice vote.

V-2011-38 [0:20:28]: Approval of variance to reduce setback from 60 feet to 56 feet for overhead door in Light Industrial (I-1) zone at 981 Contract Street. The storage building must be constructed per the submitted application and site plan, with all necessary permits obtained from the Division of Building Inspection. The Division of Traffic Engineering must review and approve the final design of the parking layout and circulation. A 7-foot tall berm/retaining wall and tree plantings along the rear property line must provide a full perimeter landscape buffer complying with Article 18-3(a)(1)3 of the Zoning Ordinance, with a minimum of six trees planted at approximately 25-foot intervals along the rear property line.

V-2011-39 [0:22:08]: Approval of variance to reduce rear setback from 10 feet to 5 feet for garage addition in Single Family Residential (R-1C) zone at 1182 Indian Mound Road. The addition must be constructed per the submitted application and site plan with all necessary permits from the Division of Building Inspection.

V-2011-40 [0:24:17]: Approval of variance to increase wall height from 8 feet to 9 feet in Highway Service Business (B-3) zone at 3100 Wall Street. The retaining wall must be constructed per the submitted application and site plan, with all necessary permits obtained and required landscaping materials installed per Article 18 of the Zoning Ordinance.

V-2011-41 [0:25:48]: Approval of variance to reduce front setback from 20 feet to 5 feet for off-street parking in Planned Neighborhood Residential (R-3) zone at 4161 Victoria Way. The property must be developed per the submitted application and site plan, with a full landscape buffer provided for all parking spaces along Victoria Way frontage and a note reflecting the Board's action placed on the Final Development Plan.

V-2011-42 [0:28:29]: Approval of variance to reduce side setback from 8 feet to 3.5 feet for home addition in Single Family Residential (R-1C) zone at 256 Shady Lane. The addition must include augmented landscaping along the 32-foot section closest to the side property line, with planting details subject to Division of Building Inspection approval.

CV-2011-35 [0:30:17]: Approval of conditional use permit for drive-through facility and variances to eliminate landscape screening in Professional Office (P-1) zone at 858 Malabu Drive. Conditions include Division of Traffic Engineering review, storm water management compliance, tree preservation along Tates Creek, and planting of five additional American sycamore trees between the retaining wall and Tates Creek Road.

C-2011-33 [0:32:56]: Approval of conditional use permit for church in existing building in Highway Service Business (B-3) zone at 2551 Richmond Road. An occupancy permit must be obtained from the Division of Building Inspection prior to beginning church activities.

ACV-2011-37 [0:33:58]: Approval of administrative review for East Hickman Baptist Church to construct 2,400 square foot multi-purpose building and variances to reduce rear and side setbacks in Agricultural Rural (A-R) zone at 6418 Tates Creek Road. A storm water management plan and sewage disposal compliance with Fayette County Health Department requirements are required.

CV-2011-34 [0:55:46]: Approval of conditional use permit for additional parking lot and variance to reduce front setback from 20 feet to 10 feet in Planned Neighborhood Residential (R-3) zone at 227 & 233 East Fifth Street. The revised site plan must eliminate at least three parking spaces closest to East Fifth Street, with all spaces maintaining a minimum 10-foot setback. Parking must be paved, landscaped per Articles 16 and 18 of the Zoning Ordinance, and include shoebox-style pole lighting with downward-directed shields.

Public Comment

Three speakers addressed the meeting regarding parking lot and development plans.

Rachel Carpenter 35:02 raised objections to the Shiloh Baptist Church parking lot expansion. Concerns included increased water runoff, loss of green space, and the visual impact of cars adjacent to sidewalks. She noted a lack of prior communication with the neighborhood association and requested that the project include a 10-foot setback and landscape buffer.

Robert Baldwin 48:03 spoke in support of the Shiloh Baptist Church expansion. The applicant acknowledged the community's concerns about water runoff and visual impact, and confirmed that the proposed 10-foot setback and landscaping buffer would address these issues.

Charles Edwards-Challa 52:57 discussed future plans for a Lifeway Center to be built on the same property. The applicant noted that this development would require additional parking and emphasized the importance of keeping the current parking lot confined to existing property lines.

Appointments

Jimmy Griggs was reappointed to the Board of Adjustment.

Contested Items

Shiloh Baptist Church Parking Lot Expansion

The proposed expansion of the Shiloh Baptist Church parking lot generated community opposition during the meeting. Neighbors raised three primary concerns about the project: water runoff from the expanded lot, the visual impact on the surrounding area, and the lack of prior communication with residents before the proposal was presented.

The Board addressed these concerns by implementing specific requirements for the project. The expansion was approved contingent upon a 10-foot setback from the property line and the installation of a landscape buffer. These modifications satisfied the objecting neighbors, resolving the dispute and allowing the project to move forward.

Castine Properties – Variance to reduce setback from 60 to 56 feet

Identifier: V-2011-38

Outcome: Approved

The Board considered a variance request from Castine Properties to reduce the required setback from 60 to 56 feet for an overhead door in a Light Industrial zone. 13:21

Presentation and Arguments

Key speakers Jeff Duncan and David Thompson presented the application. The applicant argued that alternative door configurations would create significant practical and financial obstacles. Specifically, flipping the door layout to comply with the standard 60-foot setback requirement would increase construction costs and necessitate disruption to existing plumbing and electrical systems.

Board Decision

The Board approved the variance request. The approval was based on the staff recommendation and included five conditions that the applicant must satisfy.

Lynn Pedigo – Variance to reduce rear setback from 10 to 5 feet

Case Number: V-2011-39

Outcome: Approved

The Board considered a variance request from Lynn Pedigo to reduce the rear setback requirement from 10 feet to 5 feet for a garage addition in a Single Family Residential zone 21:37.

Request and Justification

The applicant sought permission to construct a garage addition that would not meet the standard rear setback requirement. Pedigo cited the existing garage location as a special circumstance supporting the variance request.

Board Action

The Board approved the variance, accepting the staff recommendation. The approval included two conditions that the applicant must satisfy.

Rich Nordling / CY of Lexington, Inc. – Variance to increase wall height to 9 feet

Case Number: V-2011-40

Outcome: Approved

The Board considered a variance request to increase the retaining wall height from 8 to 9 feet in a Highway Service Business zone 23:10. Rich Nordling and Rory Kaley presented the application on behalf of CY of Lexington, Inc.

Presentation

The applicant cited topographic challenges as the primary justification for the height increase. Additionally, the request was supported by ADA (Americans with Disabilities Act) compliance requirements that necessitated the additional wall height.

Board Action

The Board accepted the staff recommendation and approved the variance. The approval included three conditions that the applicant must satisfy.

RML Construction – Variance to reduce front setback from 20 to 5 feet

25:48

The Board considered a variance request (V-2011-41) from RML Construction to reduce the front setback from 20 to 5 feet for off-street parking in a Planned Neighborhood Residential zone.

Rory Kaley presented the application on behalf of the applicant. The request cited two primary justifications: the shape of the property and traffic concerns related to the proposed parking configuration.

The Board accepted the staff recommendation and approved the variance. The approval was granted subject to four conditions that the applicant must satisfy.

Outcome: Approved with conditions

Mike Kerwin Homes – Variance to reduce side setback from 8 to 3.5 feet

Case Number: V-2011-42

Request: The Board considered a variance to reduce the side setback requirement from 8 feet to 3.5 feet for a home addition in a Single Family Residential zone.

Discussion: Robert Jones presented the variance request to the Board 26:50. A letter of opposition was received regarding the proposal.

Outcome: The Board approved the variance. The approval was based on staff recommendation and included three conditions for the project.

Shiloh Baptist Church – Conditional use and variance for parking lot

35:02

The Board considered a conditional use permit and variance request for Shiloh Baptist Church to construct an additional parking lot. The applicant sought approval for a variance to reduce the front setback requirement from 20 feet to 10 feet.

Key Speakers and Presentations

Robert Baldwin, Charles Edwards-Challa, and Rachel Carpenter participated in the discussion of this agenda item.

Concerns Raised

Objectors to the proposal raised several concerns:

• Water runoff impacts from the parking lot
• Visual impact of the parking lot on the surrounding area
• Lack of communication from the church with neighboring properties or the community

Board Decision

The Board approved the conditional use permit for the additional parking lot and granted the variance to reduce the front setback to 10 feet. The approval was contingent on six conditions, including:

• A 10-foot setback requirement
• A landscaping buffer

The Board accepted the staff recommendation in approving this request.

SRG Properties – Conditional use and variances for drive-through

Case Number: CV-2011-35

Outcome: Approved

The Board considered a conditional use permit and variances for SRG Properties to construct a drive-through facility in a Professional Office zone. 29:12

Proposal Details

The applicant requested approval for a drive-through facility and variances to eliminate landscape screening requirements in the Professional Office zone. The applicant, represented by Nick Nicholson, cited site constraints and traffic flow considerations as justification for the requested variances.

Board Action

The Board approved the conditional use permit and variances, accepting the staff recommendation. The approval was granted subject to nine conditions imposed by the Board to address planning and operational concerns.

Fellowship Church of Lexington – Conditional use for church in existing building

Case Number: C-2011-33

Overview

The Board considered a conditional use permit application for Fellowship Church of Lexington to operate a church in an existing office suite located in a Highway Service Business zone. 31:22

Presentation and Discussion

David Barber presented the application to the Board. The applicant clarified that the church would utilize existing office space for its operations, rather than requiring new construction or significant modifications to the building.

Board Action

The Board approved the conditional use permit, accepting the staff recommendation. The approval included two conditions that the applicant must satisfy.

Outcome

The conditional use permit was approved for Fellowship Church of Lexington to operate in the existing building.

East Hickman Baptist Church – Administrative review and variances

Case Number: ACV-2011-37

Outcome: Approved

The Board reviewed an administrative review and variance request for East Hickman Baptist Church 33:26. The application sought approval for a 2,400 square foot multi-purpose building and variances to reduce rear and side setbacks on property located in an Agricultural Rural zone.

Presentation

Mike Buffen presented the case to the Board. The applicant cited historical use of the site and site constraints as justification for the requested variances to setback requirements.

Board Action

The Board approved the administrative review and granted the requested variances. The approval was based on acceptance of the staff recommendation and included four conditions that the applicant must satisfy.

Stephen Howard – Conditional use for special event facility

Case Number: C-2011-29

Applicant: Steven Howard

Request: Conditional use for a special event facility

Location: Farm winery

Outcome: Postponed

7:11

The Board considered a conditional use application from Steven Howard for a special event facility at a farm winery. The application was postponed due to insufficient project revisions and the need for additional review before the Board could proceed with consideration.

The Board advised the applicant to meet with staff to revise the proposal. No further details regarding specific concerns or required modifications were documented in the available materials.

Jacqueline Allen – Administrative review for home occupation

8:57

The Board considered an administrative review for a home occupation permit requested by Jacqueline Allen (AC-2011-36).

Staff Recommendation

Staff recommended disapproval of the conditional use portion of the application due to proposed external alterations to the dwelling.

Outcome

The Board accepted the withdrawal of the appeal. Jacqueline Allen withdrew her application for the home occupation permit.