Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on February 24, 2012, at 1:00 p.m. at 200 East Main Street in Lexington, Kentucky, with Chairman Louis Stout presiding. The board considered eight agenda items, heard four public comments, and took nine votes during the session. Seven of the eight items were approved, including variances and conditional use permits for residential and commercial projects, as well as requests from religious and civic organizations. One item—a variance request from Thoroughbred Homes, LLC to reduce front yard setback—was postponed.

The approved items included a variance for Justin Weekley to reduce rear setback for a carport, a conditional use permit for Jehovah's Witnesses Trustees to expand their church, and a conditional use permit for Brenda Tollett's indoor recreational facility. The board also approved a conditional use permit for Steve Snowden to extend B-1 zoning into an R-1C zone, a conditional use permit for the Kentucky Mansions Preservation Foundation to operate a historic house museum, a conditional use permit for New Hope IPC, Inc. to construct a church with accessory parking, and a variance for Village Green Builders to increase driveway width.

Attendance

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

Absent: - Noel White

Late: - Kathryn Moore

Votes and Decisions

Approval of Minutes from November 18, 2011 1:06 Motion by Mr. Stumbo, seconded by Mr. Griggs. Passed unanimously with all six members voting in favor: Louis Stout, Barry Stumbo, Janice Meyer, James Griggs, Thomas Glover, and Kathryn Moore.

V-2012-7: Variances for Carport at 3974 Weber Way 10:34 Motion by Mr. Stumbo, seconded by Ms. Meyer. Passed unanimously. The variance reduces the rear setback from 16.6 feet to 6 inches for a carport. All six members voted in favor. Conditions include compliance with the submitted site plan, obtaining necessary permits from the Division of Building Inspection, ensuring no part of the carport crosses the property line, and installing guttering to direct stormwater away from the neighboring property.

C-2012-2: Conditional Use Permit for Church Expansion at 400 Kingston Road 11:38 Motion by Ms. Meyer, seconded by Ms. Moore. Passed unanimously. The permit allows expansion of the church structure, increased parking, and addition of sidewalks. All six members voted in favor. Conditions require construction in accordance with the submitted application and site plan, and obtaining all necessary permits from the Divisions of Planning and Building Inspection.

C-2012-3: Conditional Use Permit for Indoor Recreational Facility at 741 Miles Point Way 12:40 Motion by Ms. Moore, seconded by Mr. Griggs. Passed unanimously. The permit establishes an indoor recreational facility. All six members voted in favor. Conditions include compliance with the submitted site plan, obtaining necessary permits, and ensuring any food service remains accessory in nature and subject to Fayette County Board of Health approval.

C-2012-4: Conditional Use Permit for Bakery at 1616 Liberty Road & 720 Henry Clay Boulevard 15:58 Motion by Ms. Moore, seconded by Mr. Glover. Passed unanimously. The permit extends B-1 zone regulations into R-1C zone. All six members voted in favor. Conditions require development in accordance with the submitted site plan and obtaining necessary permits prior to occupancy.

C-2012-6: Conditional Use Permit for Historic House Museum at 2650 Bowman Mill Road 43:24 Motion by Mr. Chairman, seconded. Passed unanimously. All six members voted in favor. Conditions require compliance with the submitted application and site plan, adherence to Board of Architectural Review requirements, and compliance with the Conservation Easement and Purchase of Development Rights program restrictions.

C-2012-5: Conditional Use Permit for Church with Accessory Parking at 3021 Tates Creek Road 1:28:47 Motion by Mr. Chairman, seconded. Passed unanimously. All six members voted in favor. Conditions include no dumpster service requirement, implementation of a one-way traffic system with designated entrance and exit, and installation of a drainage system to direct stormwater appropriately.

V-2012-9: Variances for Driveway Width at 373 Preston Ave 1:43:17 Motion by Mr. Chair, seconded. Passed unanimously. The variance increases driveway width from 10 feet to 17 feet. All six members voted in favor. Conditions include obtaining a Certificate of Zoning Compliance, installing decorative areas or grass strips in the driveway, and installing a drainage system to direct stormwater appropriately.

V-2012-8: Variances for Front Yard Setback at 1203 Fincastle Road 2:06:12 Motion by Mr. Chairman, seconded. Postponed unanimously. The variance would reduce front yard setback from 30 feet to 22 feet.

Public Comment

Four speakers provided public comment during the meeting.

Opposition to New Hope IPC Conditional Use Permit

Clarissa Spahn, representing the Glendover Neighborhood Association, requested a postponement of the New Hope IPC conditional use permit decision 1:40. Spahn cited insufficient time to review the proposal and lack of adequate notification to the neighborhood. She raised concerns about traffic impacts, solid waste disposal, and stormwater runoff associated with the development.

Joseph Martin-Olich also opposed the New Hope IPC church development 45:35. He expressed concerns about increased traffic congestion and potential negative impacts on the surrounding neighborhood, specifically noting the intersection of Rebecca and Tates Creek Road as an area of concern.

Opposition to Village Green Builders Driveway Variance

William Jefferson, a neighboring property owner, opposed the Village Green Builders driveway variance 1:29:50. Jefferson raised concerns about increased stormwater runoff from the wider driveway and potential flooding of his basement, citing the low elevation of his property as a contributing factor to his concerns.

Support for Thoroughbred Homes Variance

William Wood spoke in support of the Thoroughbred Homes variance 1:44:25. Wood presented a revised design intended to address neighborhood concerns. He emphasized the importance of preserving green space and the historic character of the area, and explained that the design improvements were necessary without altering the front setback of the property.

Contested Items

The February 24, 2012 meeting included three items that generated significant disagreement among board members, staff, and the public.

Kentucky Mansions Preservation Foundation Conditional Use Permit

A heated discussion arose over the conditions attached to the conditional use permit for the Kentucky Mansions Preservation Foundation. The central dispute concerned whether the conditional use permit should be tied to the entire 150-acre conservation easement. A key concern involved liability—specifically, the applicant's potential exposure to liability for actions occurring on leased land. Legal counsel and staff worked to revise the permit conditions to strike a balance: protecting the applicant from undue liability while ensuring the project maintained compliance with applicable requirements.

New Hope IPC Conditional Use Permit

Community opposition shaped the discussion of the New Hope IPC conditional use permit. Neighbors raised multiple concerns about the project, including traffic impacts, drainage issues, and inadequate notification of affected parties. These objections prompted a prolonged discussion that extended beyond staff recommendations. Despite staff recommending approval, the board added new conditions to the permit in response to the community concerns raised during the meeting.

Thoroughbred Homes Variance Request

A procedural dispute delayed resolution of the Thoroughbred Homes variance request. The disagreement centered on whether the applicant should have engaged the Ashland Park Historical Society at an earlier stage in the process. This exchange became heated enough that the board postponed the case. Notably, the property in question was not located within a historic district, which added to the contention over whether such engagement was necessary or appropriate.

Justin Weekley - Variance to reduce rear setback for carport

Case Number: V-2012-7

Property: 3974 Weber Way

Request: The Board considered a variance request to reduce the rear setback requirement from 16.6 feet to 6 inches for a carport.

Outcome: The Board approved the variance with conditions related to stormwater management and construction compliance. 9:56

Conditions of Approval: - Stormwater management requirements must be met - Construction must comply with applicable standards

Jehovah's Witnesses Trustees - Conditional use to expand church

Overview

The Board considered a conditional use permit application for the Jehovah's Witnesses Trustees to expand their church facility located at 400 Kingston Road. 11:05

Key Speaker

Cathy Kono presented on this agenda item.

Outcome

The Board approved the conditional use permit for the church expansion. The approval included conditions related to construction requirements and permit compliance that the applicant must satisfy.

Brenda Tollett - Conditional use for indoor recreational facility

12:08

The Board considered a conditional use permit application from Brenda Tollett for an indoor volleyball facility located at 741 Miles Point Way.

Outcome

The Board approved the conditional use permit. The approval included conditions requiring permits and imposing limitations on food service operations at the facility.

Steve Snowden - Conditional use to extend B-1 zone into R-1C

15:27

The Board considered a conditional use permit application from Steve Snowden to extend B-1 zoning into an R-1C zone to allow for a bakery and retail sales operation at two locations: 1616 Liberty Road and 720 Henry Clay Boulevard.

The Board approved the conditional use permit with conditions requiring compliance with the site plan and acquisition of all necessary permits before operation could commence.

Kentucky Mansions Preservation Foundation - Conditional use for historic house museum

Item Identifier: C-2012-6

The Board considered a conditional use permit application from the Kentucky Mansions Preservation Foundation for a historic house museum at 2650 Bowman Mill Road 16:31.

Key Participants

The discussion involved Richard Murphy, Billy Van Pelt, and Rochelle Boland.

Outcome

The Board approved the conditional use permit. The approval included revised conditions that addressed two specific areas: compliance with conservation easement requirements and site-specific use parameters for the historic house museum operation.

New Hope IPC, Inc. - Conditional use for church with accessory parking

The Board considered a conditional use permit application for New Hope IPC, Inc. to operate a church with accessory parking at 3021 Tates Creek Road. 43:54

Key Speakers and Presentations

Dick Murphy, Clarissa Spahn, and Joseph Martin-Olich participated in the discussion of this agenda item.

Issues Addressed

During the hearing, the Board addressed several concerns related to the proposed church use:

• Traffic impacts and management
• Drainage considerations
• Notification requirements and procedures

Outcome

The Board approved the conditional use permit. As part of the approval process, new conditions were added to the permit during the hearing to address the concerns raised by Board members and ensure appropriate safeguards for the site and surrounding area.

Village Green Builders - Variance to increase driveway width

Identifier: V-2012-9

The Board considered a variance request from Village Green Builders to increase driveway width from 10 to 17 feet at 373 Preston Ave. 1:29:19

Key Speakers: - Drew Bresker - William Jefferson

Outcome: The Board approved the variance with conditions for landscaping and stormwater management.

Thoroughbred Homes, LLC - Variance to reduce front yard setback

Identifier: V-2012-8

The Board considered a variance request from Thoroughbred Homes, LLC to reduce the front yard setback at 1203 Fincastle Road. 1:44:25

William Wood presented on this matter. The Board determined that further discussion and coordination were necessary before proceeding with a decision on the variance request. Specifically, the Board sought additional engagement with the Ashland Park Historical Society and requested refinement of the proposed design.

Outcome: The Board postponed the variance request to allow time for these discussions and design modifications to be completed.