Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on November 18, 2011, at 1:01 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky. Louis Stout presided over the meeting, which included 12 agenda items addressing various zoning and land use matters. The board took 9 motions and votes during the session and heard 10 public comments from members of the community.

The meeting covered a range of business including approval of previous meeting minutes, consideration of variance appeals, and review of conditional use appeals. The board also approved the 2012 Meeting and Filing Schedule and took action on matters related to the Landscape Review Committee. One item on the agenda, the Administrative Review, was deferred to a future meeting, and the Sounding the Agenda item was also deferred. The meeting concluded with notification of the next scheduled meeting date.

Attendance

Present: Louis Stout, Barry Stumbo, Kathryn Moore, Janice Meyer, James Griggs, Jim Hume, Chuck Saylor, Jim Gallimore, Rochelle Boland, Jim Marx, Jimmy Emmons, Wanda Howard, Bruce Simpson, Elizabeth Pitchford, James M. Ludka, T. J. Manges, Richard Murphy, Craig Hardin, Joe Hoffman, Timothy Zeff Maloney, Lisa Cox, Chris Hoff, Case Davis, Mark Naylor, Jim McKeegan, Bill Johnston, William Findlay, Ellery Findlay, Foster Pettit, Linda Carroll, Phil Poynties, Bill Barr

Absent: Noel White, Thomas Glover

Votes and Decisions

All votes taken during this meeting passed unanimously with no dissenting votes or abstentions.

Approval of October 28, 2011 Meeting Minutes 4:08 Motion by Barry Stumbo, seconded by Janice Meyer. Passed unanimously with votes from Louis Stout, Barry Stumbo, Kathryn Moore, Janice Meyer, and James Griggs.

Postponement of C-2011-70: Boone Creek Adventures, LLC 5:15 Motion by James Griggs, seconded by Barry Stumbo, to postpone until December 16, 2011. Passed unanimously.

Postponement of A-2011-76: David Bennett / Lexington Green 8:45 Motion by Barry Stumbo, seconded by Kathryn Moore, to postpone until January 27, 2012. Passed unanimously.

Approval of V-2011-72: James M. Ludka – Variance to Reduce Side Yard from 3' to 0' 15:10 Motion by Barry Stumbo, seconded by Janice Meyer. Passed unanimously. Conditions approved include: fencing may remain as depicted in the submitted application subject to compliance with sight distance triangle requirements; a Certificate of Appropriateness or applicable permit from the Division of Historic Preservation may be required for fence location and design within the Northside Historic District; and a fence permit must be obtained from the Division of Building Inspection within 30 days.

Approval of V-2011-78: Lexington Land Company, LLC – Variance to Increase Floor Area Ratio from .35 to .5 25:07 Motion by James Griggs, seconded by Kathryn Moore. Passed unanimously. Conditions include: duplex establishment per submitted application and site plan, subject to the Board of Architectural Review's Certificate of Appropriateness from March 10, 2011; all necessary permits from Building Inspection required prior to conversion; and occupancy must comply with Article 1-11 of the Zoning Ordinance.

Approval of C-2011-75: Gary Clark, DVM, PLLC – Conditional Use Permit for Animal Clinic 26:12 Motion by Janice Meyer, seconded by Kathryn Moore. Passed unanimously. Conditions include: establishment per submitted application and site plan; occupancy permit required from Building Inspection; exterior wall soundproofing as determined feasible by Building Inspection; and all pens located inside the suite.

Denial of V-2011-77: Sable Holdings – Multiple Variance Reductions 2:57:18 Motion by James Griggs, seconded by Kathryn Moore, to deny variances for lot frontage, front yard, side and rear yards, usable open space, parking, and accessory building setbacks. Passed unanimously.

Approval of 2012 Meeting and Filing Schedule 2:58:49 Motion by Jim Marx, seconded by James Griggs. Passed unanimously.

Reappointment of Karen Angelucci to the Landscape Review Committee 2:59:20 Motion by James Griggs, seconded by Kathryn Moore. Passed unanimously.

Public Comment

Ten speakers addressed the Board during public comment, all expressing opposition to the proposed Sable Holdings subdivision and variances.

Zoning and Legal Concerns

Bruce Simpson argued that the subdivision and variances would perpetuate a nonconforming use and contradict zoning policy, encouraging a commercial business to survive in a historic residential area 44:43. Bill Barr stated that the Board must apply the law as written, which prohibits encouraging nonconforming uses, and that the proposed variances would violate this principle 2:02:54.

Neighborhood Character and Historic Preservation

Bill Johnston shared the history of Western Suburbs' transformation from a neglected area to a revitalized historic neighborhood, emphasizing the importance of preserving its character and rejecting the proposed subdivision 1:29:05. Phil Poynties expressed strong support for the neighborhood's opposition, stating that the proposed subdivision would permanently alter the character of the historic block 2:01:45. Linda Carroll stated that the subdivision was approved without public notice and urged the Board to reject the variances to protect the neighborhood's integrity 2:00:22. Ellery Findlay shared personal investment in the neighborhood and expressed outrage that the Board might allow a commercial building to remain in a historic residential area 2:12:07.

Property and Practical Concerns

Mark Naylor expressed concerns about reduced parking, potential need for firewalls, and the impact of a new property line on historic windows and building code compliance 1:11:26. Jim McKeegan testified that subdividing the property would likely diminish the value of the historic house and make it harder to sell for residential use 1:24:14. Foster Pettit warned that the proposed subdivision would make it harder to sell the historic house and could lead to a permanent commercial presence next door 1:56:31.

Financial Concerns

William Findlay expressed concern that the subdivision would allow a speculator to profit while jeopardizing the future of the neighborhood and the value of nearby homes 2:06:27.

Appointments

Karen Angelucci was reappointed to the Landscape Review Committee.

Contested Items

V-2011-77: Sable Holdings – Subdivision and Variances

The primary contested matter before the Board involved a subdivision and variance request from Sable Holdings. The proposal generated significant community opposition, with the Western Suburbs Neighborhood Association, Bluegrass Trust, and multiple residents voicing concerns. Opponents argued that the proposal would perpetuate a nonconforming use and harm the historic character of the neighborhood.

A procedural dispute also emerged regarding the approval process. Opponents contended that the Planning Commission had approved the subdivision without adequate public input. They further argued that the Board should not approve variances that would allow a nonconforming use to continue, raising questions about whether the proper procedures had been followed in advancing the proposal.

The Board faced conflicting recommendations on the matter. While staff recommended approval of the variances, the Board ultimately decided to deny them. The Board's decision was based on concerns about encouraging nonconforming uses and the determination that the applicant had not demonstrated sufficient hardship to justify the requested variances. This outcome reflected the Board's prioritization of preventing the continuation of uses that did not conform to current zoning standards and its requirement that applicants demonstrate genuine hardship before variances would be granted.

Attendance

Chairman Louis Stout called the meeting to order at 1:01 p.m. in the Council Chambers. 0:00

Members Present: - Louis Stout - Barry Stumbo - Kathryn Moore - Janice Meyer - James Griggs

Members Absent: - Noel White - Thomas Glover

Staff and other attendees were also present at the meeting.

Approval of Minutes

The minutes from the October 28, 2011 meeting were presented for approval. 4:08

Barry Stumbo moved to approve the minutes, and Janice Meyer seconded the motion. The minutes were approved unanimously.

Sounding the Agenda

During this portion of the meeting, the Chair, Louis Stout, sounded the agenda to identify any postponements, withdrawals, and items designated for no discussion 4:41.

Several cases were addressed during this agenda-setting discussion:

• Case C-2011-70 was postponed
• Case A-2011-76 was withdrawn

The outcome of this agenda item was that these matters were deferred, allowing the meeting to proceed with the remaining scheduled items.

Transcript or Witnesses

2:00

The Chair, Louis Stout, provided an informational announcement regarding the procedural rights available to applicants and objectors during the meeting. Stout announced that both applicants and objectors have the right to have a transcript prepared of the proceedings and to have witnesses sworn in.

This announcement served to inform all parties present of their available procedural options as the meeting proceeded.

Variance Appeals

The Board considered three variance appeals during this agenda item. 9:49

Cases Reviewed:

• V-2011-72 (Ludka) — Approved with conditions
• V-2011-77 (Sable Holdings) — Denied
• V-2011-78 (Lexington Land Company) — Approved with conditions

Key Participants:

The discussion involved Board members and applicants including Louis Stout, James M. Ludka, Timothy Zeff Maloney, Lisa Cox, Richard Murphy, and Craig Hardin.

Outcome:

Two of the three variance appeals were approved subject to specified conditions, while one appeal was denied. The Board's overall action on variance appeals was approved.

Conditional Use Appeals

The Board considered two conditional use appeals during this agenda item.

Case C-2011-70 (Boone Creek Adventures)

This appeal was postponed and did not proceed to a decision at this meeting.

Case C-2011-75 (Gary Clark)

This conditional use appeal was approved with conditions. Key speakers on this matter included Bruce Simpson, Joe Hoffman, and Lisa Cox.

The Board's action resulted in approval of the appeal, subject to specified conditions that were imposed as part of the decision.

Administrative Review

The Board considered case A-2011-76 involving David Bennett and Lexington Green during this agenda item 8:45. Key speakers on this matter included Elizabeth Pitchford and Jim Marx.

The Board decided to postpone consideration of this case to January 27, 2012. The postponement was necessitated by legal and procedural uncertainties that required additional time to resolve before the Board could proceed with a decision.

Outcome: The matter was deferred to the January 27, 2012 meeting.

Board Items

No board items were presented during this portion of the meeting.

2012 Meeting and Filing Schedule

The staff presented a draft 2012 Meeting and Filing Schedule for review and approval. Jim Marx led this presentation 2:58:49.

The schedule was approved unanimously by the body.

Landscape Review Committee

The committee considered the reappointment of Karen Angelucci to the Landscape Review Committee for a four-year term 2:59:20. James Griggs presented this agenda item.

The reappointment was approved unanimously.

Next Meeting Date

Louis Stout announced that the next meeting was scheduled for December 16, 2011. This date was selected to accommodate the Christmas holiday.

Adjournment

The meeting was adjourned by Louis Stout after all business had been completed.