Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on September 9, 2011, at 2:02 p.m. in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Louis Stout presiding. The board considered six agenda items, taking six votes and hearing one public comment during the session. The board approved the previous meeting minutes and ruled on five substantive matters: one conditional use appeal was postponed, two variance and administrative review appeals were approved, one administrative review was approved, and one administrative review was withdrawn.

Attendance

Present: Louis Stout, Barry Stumbo, James Griggs, Thomas Glover, Kathryn Moore, Mark Newberg, Chuck Saylor, Jim Gallimore, Rochelle Boland, Bill Sallee, Jim Marx, Barbara Rackers, and Wanda Howard.

Absent: Noel White and Jan Meyer.

Late: None reported.

Votes and Decisions

C-2011-29: Conditional Use Permit Appeal — Stephen Howard 1:56

Motion by Barry Stumbo, seconded by Kathryn Moore, to indefinitely postpone Stephen Howard's conditional use permit appeal for a special event facility accessory to a small farm winery in the Agricultural-Rural (A-R) zone on property at 3497 North Cleveland Road. The motion passed unanimously with all five board members voting in favor: Louis Stout, Barry Stumbo, James Griggs, Thomas Glover, and Kathryn Moore. The matter was postponed.

V-2011-54: Variance — S.F. Dawahare Ltd. Partnership 9:33

Motion by James Griggs, seconded by Thomas Glover, to approve S.F. Dawahare Ltd. Partnership's variance to reduce front setback from 20 feet to 8 feet for temporary outside tenants in a shopping center parking lot in a Neighborhood Business (B-1) zone on property at 1801 Alexandria Drive. The motion passed unanimously. The approval is conditioned on: the tented area being established in accordance with the submitted application and site plan; an occupancy permit being obtained from the Division of Building Inspection within 30 days of Board action; and cones or other highly visible comparable materials being used to block the traffic aisle in the immediate vicinity of the tented area, in accordance with Division of Traffic Engineering recommendations.

A-2011-51: Administrative Review — Dr. Gary B. Knapp / Monticule, LLC 11:51

Motion by Barry Stumbo, seconded by James Griggs, to approve Dr. Gary B. Knapp / Monticule, LLC's administrative review to allow more than one kitchen in a single-family dwelling in the Agricultural-Rural (A-R) zone on property at 977 Harp Innis Road. The motion passed unanimously.

A-2011-52: Administrative Review — Dr. Stan Ferguson 13:55

Motion by Thomas Glover, seconded by Barry Stumbo, to approve Dr. Stan Ferguson's administrative review to allow signage on a building wall with no street frontage in a Professional Office (P-1) zone on property at 2517 Sir Barton Way. The motion passed unanimously. The approval is conditioned on a wall sign not exceeding 5% of the wall area being placed on the southerly building wall, and a sign permit being obtained from the Division of Building Inspection prior to placement.

A-2011-53: Administrative Review Appeal — Manuel Hernandez 37:54

Manuel Hernandez's administrative review appeal to allow a banquet facility in a building not currently or formerly used as a residence in a Neighborhood Business (B-1) zone on property at 1449 Alexandria Drive was withdrawn.

Meeting Minutes 38:26

Motion by James Griggs, seconded by Barry Stumbo, to approve the minutes from the July 25, 2008; July 29, 2011; and August 26, 2011 meetings. The motion passed unanimously.

Public Comment

31:52 Todd Strecker, President of the Lexington-Versailles Corridor Coalition, spoke in support of Manuel Hernandez's banquet facility appeal. Strecker praised Hernandez's neighborhood improvements and noted that the applicant is seeking to establish a non-alcoholic, non-entertainment venue for community gatherings. According to Strecker, the facility would serve the Hispanic community and is compatible with the neighborhood.

Contested Items

Banquet Facility Definition in B-1 Zone

The Board engaged in a heated discussion regarding the zoning ordinance's requirement that banquet facilities in B-1 zones be located in buildings formerly or currently used as residences. Several Board members expressed confusion and disagreement with the logic of this restriction. Members suggested that the rule should be re-evaluated through a text amendment rather than maintained in its current form.

Multiple Kitchens in Single-Family Homes

Board members raised concerns about the approval process for multiple kitchens in single-family homes, characterizing it as arbitrary. Members noted that decisions on these approvals appeared to favor affluence and building size rather than being guided by clear and consistent zoning criteria. The Board recommended a review of the relevant definitions to establish more objective standards for evaluating such requests.

Conditional Use Appeal: Stephen Howard - Special Event Facility Accessory to Small Farm Winery

1:56

The Board considered Stephen Howard's appeal for a conditional use permit to establish a special event facility accessory to a small farm winery in the Agricultural-Rural zone.

Key Speakers

The discussion involved Board members Richard Murphy, Barry Stumbo, and Bill Sallee.

Outcome

The Board unanimously approved an indefinite postponement of the appeal. This postponement was requested to allow time for a city-appointed task force studying winery issues to complete its work before the Board proceeded with a decision on Howard's application.

Variance Appeal: S.F. Dawahare Ltd. Partnership - Front Setback Reduction

5:42

The Board considered a variance request from S.F. Dawahare Ltd. Partnership to reduce the front setback requirement from 20 feet to 8 feet for temporary outside tenants in a shopping center parking lot located in a Neighborhood Business zone.

Presenters and Discussion

Key speakers on this item included Joe Dawahare, Jim Marx, and Jim Gallimore. The proposal involved allowing temporary outdoor retail or service operations in the parking area with a reduced front setback distance.

Outcome

The Board unanimously approved the variance request. The approval was made subject to three conditions:

• Site layout requirements
• Permit requirements
• Traffic safety measures via cone placement

The conditions were designed to ensure the temporary use would not create safety hazards or operational conflicts in the shopping center parking lot.

Administrative Review: Dr. Gary B. Knapp / Monticule, LLC - Multiple Kitchens in Single-Family Dwelling

Agenda Item: A-2011-51

Overview

The Board considered an administrative review request from Dr. Gary B. Knapp / Monticule, LLC regarding permission to include more than one kitchen in a single-family dwelling located in the Agricultural-Rural zone. 10:46

Key Speakers

• Jeremy Clements
• Jim Marx

Presentation and Discussion

Staff recommended approval of the administrative review based on their determination that the structure was designed as a single dwelling unit with no intent to create multiple living units. This finding was central to the staff's recommendation that the multiple kitchens would not violate zoning regulations.

Outcome

The Board unanimously approved the administrative review, allowing Dr. Gary B. Knapp / Monticule, LLC to proceed with the multiple kitchens in the single-family dwelling in the Agricultural-Rural zone.

Administrative Review: Dr. Stan Ferguson - Signage on Building Wall with No Street Frontage

Agenda Item A-2011-52

The Board considered Dr. Stan Ferguson's request to place a sign on a building wall with no street frontage located in a Professional Office zone 12:52.

Key Participants

The discussion involved Dr. Stan Ferguson and Jim Marx.

Decision

The Board unanimously approved Dr. Ferguson's request, subject to two conditions:

• The sign size must be limited to a specified dimension
• A prior permit from the Division of Building Inspection must be obtained before installation

This approval allows Dr. Ferguson to proceed with placing signage on the building wall despite the lack of street frontage, provided these conditions are met.

Administrative Review: Manuel Hernandez - Banquet Facility in Non-Residential Building

Identifier: A-2011-53

Overview

The Board considered an appeal by Manuel Hernandez to operate a banquet facility in a non-residential building located in a Neighborhood Business zone. 14:32

Key Participants

The discussion involved Manuel Hernandez (applicant), Jim Marx, Rochelle Boland, James Griggs, and Todd Strecker.

Issue

The central issue concerned zoning ordinance requirements for banquet facilities. The zoning code specifies that such facilities must be located in buildings that are currently or formerly used as residences. The applicant's proposed location in a non-residential building did not meet this requirement.

Board Recommendation

The Board recommended disapproval of the appeal based on the zoning ordinance's explicit requirement that banquet facilities be housed in residential or formerly residential buildings. The non-residential nature of the proposed building created a conflict with applicable zoning regulations.

Outcome

Following the Board's recommendation for disapproval, Manuel Hernandez withdrew the appeal. The matter was not pursued further.

Approval of Previous Meeting Minutes

38:26

The Board considered approval of minutes from three previous meetings: July 25, 2008; July 29, 2011; and August 26, 2011.

James Griggs and Barry Stumbo participated in this agenda item. The Board unanimously approved all three sets of minutes with no objections raised.

Outcome: The minutes were approved.