Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on September 30, 2011, at 1:00 p.m. at 200 East Main Street in Lexington, Kentucky, with Chairman Louis Stout presiding. The board considered 14 agenda items, which included variance requests, conditional use permits, and administrative appeals. During the meeting, the board took 15 motions and votes and heard 4 public comments.

Of the 14 cases presented, 12 were approved, 1 was postponed, and 1 was denied. The approved cases included variance requests to reduce setbacks for residential and commercial properties, such as requests from Donald and Debra Corn for side yard reduction, Jennifer V. Berryman for sign setback elimination, and Speedway Superamerica LLC for perimeter setback reduction. The board also approved conditional use permits for Masjid Bilal to expand a worship center, John C. Reynolds for a bar operation, and The 6 Friends Café for live music. Additionally, the board granted administrative appeals for UPS regarding a temporary graveled parking lot, SIS, LLC for business signage, and David S. Kern for sign size and height. The case of James Hickey, who requested a variance to reduce side and rear yard setbacks, was postponed. The only denied request was from Johnny Temple for a variance to allow directional signs.

Attendance

The following individuals were present at the meeting on September 30, 2011:

• Louis Stout
• Noel White
• James Griggs
• Janice Meyer
• Thomas Glover
• Barry Stumbo
• Kathryn Moore

Kathryn Moore arrived late to the meeting.

No attendees were absent.

Votes and Decisions

The board took 15 votes during this meeting, with 14 passing and one failing.

Variance and Conditional Use Approvals

The board unanimously approved seven variance requests:

• V-2011-62 [00:17:48]: Donald and Debra Corn's variance to reduce side yard from 8' to 2' for reconstruction in R-1C zone passed 6-0.

• V-2011-63 [00:19:22]: Jennifer V. Berryman's variance to reduce sign setback from 20' to 0' in R-3 zone passed 6-0.

• V-2011-64 [00:20:35]: Speedway Superamerica LLC's variance to reduce perimeter setback along Nicholasville Road and eastern property line in B-6P zone passed 6-0.

• V-2011-65 [00:21:39]: Dr. Richard Lozano's variance to increase porch projection into front yard from 8' to 10' in R-1C zone passed 6-0.

• V-2011-66 [00:22:56]: Phillip and Jennifer Dobbs' variances to reduce side yards from 25' to 10' for two residences in A-R zone passed 6-0.

• V-2011-67 [00:24:34]: BFD Properties, LLC's variance to reduce sign setback from 10' to 4' in P-1 zone passed 6-0.

• V-2011-58 [00:09:36]: Postponement of James Hickey's variance appeal for one month passed 6-0.

Conditional Use Permits

• CV-2011-57 [00:35:00]: John C. Reynolds' conditional use permit for a bar and variance to reduce setback from 100' to 70' and 50' passed 6-1 on a roll call vote. Thomas Glover moved and Noel White seconded. Kathryn Moore voted against; Louis Stout, Noel White, James Griggs, Janice Meyer, Barry Stumbo, and Thomas Glover voted in favor.

• C-2011-56 [00:42:31]: Masjid Bilal's conditional use permit to expand worship center in A-U zone passed 6-0.

• CV-2011-55 [01:42:20]: The 6 Friends Café's conditional use permit for live music and variance to reduce 100' setback to 60' passed 6-0.

Administrative Appeals

• AV-2011-59 [00:43:45]: David S. Kern's administrative appeal for sign size and height variance in P-1 zone passed 6-0.

• A-2011-60 [00:45:24]: UPS's administrative appeal for temporary graveled parking lot for trailers in I-1 zone passed 6-0.

• A-2011-61 [00:46:59]: SIS, LLC's administrative appeal for business signage on brick wall exceeding 40 sq. ft. in downtown business zone passed 6-0.

Other Actions

• V-2011-27 [01:44:26]: Johnny Temple's variance appeal for directional signs in P-1 zone was denied 6-0.

• V-2011-58 [01:45:30]: Reappointment of Catherine as Vice Chair passed 6-0.

Public Comment

Four speakers addressed the board regarding The 6 Friends Café's conditional use permit application.

Opposition

Lionel Hawes 49:26 objected to the café's proposed live music, citing concerns about noise, lack of soundproofing, and inadequate parking. He stated that the live music would violate zoning and noise ordinances.

Support

Deirdre Cain 57:41, representing the café, defended her business as a community hub and emphasized its compliance with zoning requirements. She requested a six-month trial period during which music would be performed indoors only.

Kay Garner 1:32:27 expressed strong support for the café as a community builder. She criticized the opposition and urged the board to allow music on the porch.

Alexis Mortakis 1:38:21 defended Deirdre Cain's efforts and expressed concern that denying the permit would be detrimental to the community and local musicians.

Appointments

Catherine was reappointed to the position of Vice Chair.

Contested Items

The 6 Friends Café Conditional Use Permit

A conditional use permit for the 6 Friends Café generated significant community opposition during the meeting. The primary concerns raised by neighbors and the neighborhood association centered on three issues: noise, parking, and music operations.

The appeal process resulted in a heated public hearing, with multiple speakers presenting arguments on both sides of the matter. Neighbors and the neighborhood association voiced their objections to the permit, while supporters of the café also participated in the discussion.

The contested permit reflected broader tensions between the café's operations and the surrounding residential community's quality of life concerns.

James Hickey - Variance to reduce side and rear yard setbacks

Case Number: V-2011-58

Outcome: Postponed

The Board considered a variance request from James Hickey to reduce side and rear yard setbacks 9:05. Richard Murphy addressed the Board regarding this matter.

The Board determined that additional information and documentation were necessary before proceeding with a decision on the variance. Specifically, the Board postponed the appeal for one month to allow time for the following:

• The appellant to obtain a letter of permission from the adjacent property owner
• The appellant to provide notice to surrounding property owners

The postponement was intended to ensure that all affected parties had an opportunity to be informed of the variance request and that the necessary documentation from adjacent property owners could be obtained before the Board reconvened to consider the application.

Donald and Debra Corn - Variance to reduce side yard for reconstruction

Case Number: V-2011-62

Applicant: Donald and Debra Corn

Request: Variance to reduce the side yard setback from 8 feet to 2 feet for reconstruction

16:40

Outcome: Approved

The Board approved the variance request to reduce the required side yard setback. The approval was based on the special circumstances presented regarding the property, specifically the narrow lot configuration that would otherwise impose unreasonably restrictive design constraints on the reconstruction project.

Donald Corn presented the application to the Board. The variance was granted recognizing that the lot's narrow dimensions created genuine hardship in meeting standard setback requirements while still allowing for reasonable reconstruction of the property.

Jennifer V. Berryman - Variance to eliminate sign setback

Case Number: V-2011-63

Outcome: Approved

Overview: The Board considered a variance request from Jennifer V. Berryman to eliminate the sign setback requirement, reducing it from 20 feet to 0 feet. 18:50

Basis for Variance: The variance was approved due to site constraints that made compliance with the standard setback requirement impractical. The applicant's property is affected by flood hazard areas and utility easements, which limited available space for sign placement. The need to maintain adequate visibility for the sign also supported the variance request.

Board Action: The Board approved the variance to allow the sign setback to be reduced from 20 feet to 0 feet.

Speedway Superamerica LLC - Variance to reduce perimeter setback

Case Number: V-2011-64

Outcome: Approved

Nick Nicholson presented the variance request for Speedway Superamerica LLC 20:10. The applicant sought approval to reduce perimeter setback requirements along Nicholasville Road and the eastern property line.

The Board approved the variance, citing the small lot size as a key factor supporting the request. The Board determined that the reduced setbacks were necessary to accommodate improved traffic flow and better site design given the constraints of the property. The variance allowed the project to proceed with modifications to the standard setback requirements that would otherwise have applied to the perimeter of the development.

Dr. Richard Lozano - Variance to increase porch projection

Case Number: V-2011-65

Outcome: Approved

The Board considered a variance request to increase porch projection from 8 feet to 10 feet for Dr. Richard Lozano's property 21:39.

Presentation and Rationale

William Crawford presented the variance request. The proposed increase in porch projection was intended to match the existing streetscape and ensure the design would not appear out of scale with surrounding properties.

Board Decision

The Board approved the variance to increase the porch projection to 10 feet, accepting the rationale that this modification would maintain consistency with the neighborhood's existing streetscape character and result in a more appropriately scaled design.

Phillip and Jennifer Dobbs - Variance to reduce side yards in A-R zone

Case Number: V-2011-66

Outcome: Approved

The Board considered a variance request by Phillip and Jennifer Dobbs to reduce side yard requirements in the A-R (Agricultural-Residential) zone 22:56. The variance sought to reduce the required side yards from 25 feet to 10 feet.

Presentation

Justin Drury presented the variance request to the Board.

Basis for Approval

The Board approved the variance based on two primary factors:

• The unique lot configuration of the subject property, which presented constraints that made compliance with standard setback requirements impractical
• The goal of stabilizing housing in historic rural settlements, which the variance would support

The approval recognized that the reduced side yard requirement would allow for appropriate development while accommodating the property's distinctive characteristics and contributing to the preservation and stability of the rural settlement area.

BFD Properties, LLC - Variance to reduce sign setback

Identifier: V-2011-67

Outcome: Approved

The Board considered a variance request from BFD Properties, LLC to reduce the required sign setback from 10 feet to 4 feet. 24:34

Elizabeth Pitchford presented the variance request. The primary justification for the reduced setback was that the steep slope of the property would render the sign invisible if placed at the standard 10-foot setback requirement. By reducing the setback to 4 feet, the sign would be positioned to remain visible despite the topographical constraints of the site.

The Board approved the variance request.

John C. Reynolds - Conditional use permit for bar and variance

Case Number: CV-2011-57

Outcome: Approved by a 6-1 vote

The Board considered a conditional use permit for a bar and a variance to reduce setbacks for applicant John C. Reynolds. 25:42

Key Speakers: - John C. Reynolds - Kathy Bolton

Discussion:

The Board engaged in extensive discussion regarding the application. Key topics addressed during deliberation included:

• Noise concerns
• Parking impacts
• Community impact

Decision:

The Board approved both the conditional use permit for the bar and the variance to reduce setbacks by a vote of 6-1.

Masjid Bilal - Conditional use permit to expand worship center

Identifier: C-2011-56

Outcome: Approved

Chris McCoy presented the conditional use permit application for Masjid Bilal's worship center expansion 36:11. The Board reviewed revised site plans that addressed previous concerns regarding stormwater management and parking requirements.

The revised plans incorporated modifications to resolve stormwater and parking issues that had been raised during the review process. These changes were designed to ensure the expansion met applicable code requirements and addressed neighborhood impact considerations.

The Board approved the conditional use permit, allowing the mosque to proceed with its expansion project based on the revised site plans.

David S. Kern - Administrative appeal for sign size and height

Case Identifier: AV-2011-59

Outcome: Approved

David S. Kern presented an administrative appeal regarding sign size and height regulations 43:10. The appeal sought approval to transfer unused sign square footage and increase sign height for a property.

The Board considered site-specific constraints and visibility concerns in evaluating the request. The applicant's proposal to reallocate existing sign square footage while increasing the height of signage was presented as a solution to address visibility limitations particular to the location.

The Board approved the administrative appeal, determining that the requested modifications to sign size and height were justified based on the specific conditions of the site and the visibility requirements for the property.

UPS - Administrative appeal for temporary graveled parking lot

Overview

The Board considered an administrative appeal regarding temporary use of a graveled parking lot for trailers. 45:24

Key Speaker

Gary Willis presented on this matter.

Outcome

The Board approved the temporary use of the graveled parking lot, with conditions requiring eventual paving of the surface.

SIS, LLC - Administrative appeal for business signage

46:59

The Board considered an administrative appeal by SIS, LLC regarding business signage regulations. Karen Smallwood presented the matter to the Board.

The appeal sought approval for signage larger than the standard 40 square foot limit, with the proposed signage to be installed on a brick wall.

The Board approved the appeal, allowing the larger signage with conditions imposed to ensure ongoing compliance with applicable regulations.

The 6 Friends Café - Conditional use permit for live music and variance

The Board considered conditional use permit CV-2011-55 for The 6 Friends Café, which sought approval for live music operations and a variance 48:12.

Key Speakers and Presentation

Deirdre Cain and Lionel Hawes were the primary speakers during this agenda item.

Outcome

The Board approved the conditional use permit with conditions. The approval included the following requirements:

• Live music must be limited to indoor-only performances
• A six-month review period was established

Process Notes

The hearing was characterized as contentious, with strong community input presented during the discussion. The conditional approval with specific conditions reflects the Board's effort to balance the applicant's request with community concerns raised during the public hearing process.

Johnny Temple - Variance for directional signs

Case Number: V-2011-27

Outcome: Denied

The Board considered a variance request for directional signs submitted by Johnny Temple. 10:56

The variance was denied due to several factors. The Board cited the applicant's lack of presence at the meeting as a significant issue in their decision-making process. Additionally, the Board noted that the applicant failed to transfer unused sign square footage, which was a requirement in the variance process. The Board also determined that insufficient justification was provided for the requested height increases for the directional signs.