Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on March 30, 2012, at 1:00 p.m. at 200 East Main Street in Lexington, Kentucky, with Chairman Louis Stout presiding. The board considered 11 agenda items, taking 9 motions and votes during the session while hearing 3 public comments. The meeting addressed a range of zoning requests, including seven variance approvals for property setback reductions and screening modifications, one variance denial, one withdrawn request, and two conditional use approvals. Notable approvals included variances for James P. Arnold's front yard setback reduction, Mary Margaret Bell's side yard variance for a detached garage, Anderson Campus Rental Properties' side setback variance, and Steve Perry's variances for an infill redevelopment project. The board also approved conditional use permits for Lorleeta Mundy's family child care operation and the Baptist Church at Andover's education center expansion. One item—Townes Entertainment, LLC's request for conditional use and variances for a restaurant—was postponed. The Gary and Stephanie Maybrier variance request for side setback reduction was denied, and Thoroughbred Homes, LLC withdrew its variance request to reduce front yard setback.

Attendance

The following individuals were present at the meeting on March 30, 2012:

• Louis Stout
• James Griggs
• Barry Stumbo
• Kathryn Moore
• Jan Meyer
• Noel White
• Thomas Glover
• Chuck Saylor
• Jim Gallimore
• Rochelle Boland
• Jimmy Emmons
• Bill Sallee
• Jim Marx
• Wanda Howard

No absences or late arrivals were recorded.

Votes and Decisions

The meeting included nine votes on variances and conditional use requests, all conducted by voice vote. The following decisions were made:

Variances Approved:

V-2012-15: James P. Arnold variance to reduce setback from 50 to 35 feet in A-R zone passed 15:36. The residence must be constructed according to the submitted application and site plan, with all necessary permits obtained from the Division of Building Inspection prior to construction.

V-2012-16: Mary Margaret Bell variance to reduce side yard from 8 to 1.5 feet passed 20:54. The detached garage must be constructed per the submitted plans with a minimum 3-foot distance from the property line. A gutter system must be installed to direct stormwater runoff away from adjoining properties, subject to Division of Engineering approval.

V-2012-17: Anderson Campus Rental Properties variance to reduce side setback from 18 to 3 feet passed 22:36. A 10-foot wide driveway and one to two parking spaces must be installed at the rear of the property off Edward Avenue, with design reviewed and approved by the Division of Traffic Engineering.

V-2012-18: Setzer Investments No. 5, LLC variance to eliminate screening around outdoor storage area passed 31:24. Mesh panels must be installed on the fence and gate near the Industry Road entrance to meet Zoning Ordinance opacity requirements.

V-2012-20: Mike Schmeling variance to reduce alley setback from 7.5 to 2.5 feet passed 32:57. The detached garage must be constructed per submitted plans and obtain a Certificate of Appropriateness from the Division of Historic Preservation.

V-2012-19: Steve Perry variance to reduce exterior yard, open space, and increase parking passed 1:39:28. The townhouse project must be constructed according to the submitted application and site plan.

Conditional Uses Approved:

C-2012-10: Lorleeta Mundy conditional use for family child care passed 37:33. Care for up to 12 children is limited to 6:00 AM to 6:00 PM; care for up to 6 children is allowed 6:00 PM to Midnight. The outdoor play area must be fully enclosed with suitable fencing.

C-2012-12: Baptist Church at Andover conditional use to expand education center passed 38:47. Tree line gaps must be replanted, and vehicular use screening of the parking lot must be installed prior to issuance of an Occupancy Permit.

Variance Disapproved:

V-2012-13: Gary and Stephanie Maybrier variance to reduce side setback from 40 to 19 feet was disapproved 58:27.

Public Comment

Three speakers addressed the meeting regarding traffic, safety, and park replacement concerns related to a proposed development.

David May – Traffic and Safety Concerns 1:00:03

David May expressed concerns about increased traffic and safety impacts from the development on the neighborhood. He specifically raised issues regarding safety for children and the effect of the project on traffic patterns along Burley and Francis Avenues. He also addressed concerns about the proposed park replacement.

Jerry Hancock – Park Replacement and Community Benefits 1:13:07

Jerry Hancock, Director of Parks and Recreation, provided information about the park swap arrangement. He explained that the developer is funding a new park to be built across the street from the existing one. According to Hancock, the new park will be larger and better equipped than the current park. He noted that the neighborhood has overwhelmingly supported the park replacement arrangement.

Mr. May – Park Contamination and Safety 1:30:15

Mr. May returned to address additional safety concerns. He raised the issue of potential asbestos contamination in the property that is scheduled to be demolished. He emphasized the need for appropriate safety measures, including signage to alert the public to hazards. Mr. May also stressed the importance of implementing traffic calming measures for children who will use the new park.

Contested Items

Steve Perry Development and Park Replacement

Community residents raised significant concerns about a proposed development project, focusing on potential negative impacts to the neighborhood. The primary issues of contention included traffic congestion, public safety considerations, and the adequacy of park replacement plans. Residents expressed particular concern about traffic patterns on Burley and Francis Avenues and how the development would affect these routes. The proposed park replacement was also a point of disagreement, with community members questioning whether the replacement would adequately serve neighborhood needs.

Gary and Stephanie Maybrier Carport Variance

A heated discussion occurred regarding a carport variance request from Gary and Stephanie Maybrier. The applicants argued that the carport would be unobtrusive and would provide a beneficial addition to their property. However, the board took a different position, emphasizing that the application lacked special circumstances that would justify granting the variance. The board also raised concerns about how the carport would affect neighborhood character. This disagreement centered on whether the proposed structure met the criteria for variance approval and whether its design and placement were compatible with the surrounding area's established character.

Thoroughbred Homes, LLC - Variance to reduce front yard setback

Identifier: V-2012-8

Request: Thoroughbred Homes, LLC sought a variance to reduce the front yard setback from 30 feet to 22 feet on Fincastle Road.

Staff Recommendation: Staff recommended disapproval of the variance request, citing concerns about neighborhood character and the absence of special circumstances that would justify the reduction.

Outcome: The applicant withdrew the variance request. 5:21

Gary and Stephanie Maybrier - Variance to reduce side setback

Case Number: V-2012-13

Outcome: Denied

The board considered a variance request from Gary and Stephanie Maybrier to reduce the side setback requirement on Nakomi Drive from 40 feet to 19 feet. 9:06

Key Speakers and Presentation:

The discussion involved Mr. Emmons, Stephanie Maybrier, and David May. Stephanie Maybrier presented the appeal on behalf of the applicants.

Staff Recommendation:

Staff recommended disapproval of the variance request. The recommendation was based on the finding that the applicants had not demonstrated special circumstances that would justify the reduction. Additionally, staff noted that granting the variance would negatively impact the character of the neighborhood.

Board Decision:

The board denied the appeal for the side setback reduction. The denial upheld the staff recommendation that the lack of special circumstances and potential neighborhood character impacts did not support approval of the requested variance.

James P. Arnold - Variance to reduce front yard setbacks

Identifier: V-2012-15

Request: James P. Arnold requested a variance to reduce front yard setbacks from 50 feet to 35 feet on properties located on Athens-Boonesboro and McCalls Mill Roads.

Discussion: 13:01

Earl Cooper presented information regarding this variance request.

Outcome: The variance was approved with conditions. The approval was based on special circumstances related to the lot configuration and the applicant's demonstrated effort to preserve existing structures on the property.

Mary Margaret Bell - Variance to reduce side yard for detached garage

Case Number: V-2012-16

Outcome: Approved

Greg Padgett presented this variance request, which sought to reduce the required side yard setback from 8 feet to 1.5 feet for a detached garage on Colony Boulevard. 20:19

The variance was approved with a modification to the proposed conditions. Rather than allowing a gutter as originally proposed, the approval included a requirement for a stormwater drainage system to be installed. This modification addressed drainage considerations for the reduced setback area.

Anderson Campus Rental Properties - Variance to reduce side setback

Identifier: V-2012-17

Outcome: Approved

John Strom presented this variance request to reduce the side setback requirement from 18 feet to 3 feet on American Avenue. 22:03

The variance was approved with conditions. The approval included requirements for a rear driveway and a traffic engineering review to address concerns related to the property's site plan and access.

Setzer Investments No. 5, LLC - Variance to eliminate screening for outdoor storage

Case Number: V-2012-18

Outcome: Approved

Jason Banks presented a variance request to eliminate screening requirements for an outdoor storage area located in an industrial zone. 31:24

The variance was approved with conditions. The applicant must comply with the approved site plan and meet fence opacity requirements as part of the approval.

Steve Perry - Variances for infill redevelopment project

Case Identifier: V-2012-19

Overview

The board considered an appeal for variances related to an infill redevelopment project. The variances sought to reduce exterior yard requirements, reduce open space requirements, and increase parking provisions for the project.

Key Speakers

• Rory Cayley
• Jerry Hancock
• David May

Discussion and Considerations

The board evaluated the variance request with attention to neighborhood compatibility and the project's relationship to existing park space. The discussion centered on whether the proposed modifications to standard requirements were appropriate given the infill development context and surrounding neighborhood character.

Outcome

The appeal for variances was approved with conditions. The approval was based on findings that the project demonstrated adequate neighborhood compatibility and that the development would result in the replacement of an existing park, which supported the variance request.

1:00:03

Mike Schmeling - Variance to reduce alley setback

Identifier: V-2012-20

Outcome: Approved

Lynn Pettigale presented this variance request to reduce the alley setback requirement from 7.5 feet to 2.5 feet for Mike Schmeling's property 32:27.

The variance was approved with conditions. A Certificate of Appropriateness from the Historic Preservation Division was required as part of the approval.

Townes Entertainment, LLC - Conditional use and variances for restaurant

Identifier: CV-2012-11

Type: Conditional use and variances for restaurant

Outcome: Postponed to April 27, 2012

7:00

The conditional use appeal for Townes Entertainment, LLC to operate a restaurant with live entertainment was postponed during this meeting. Mr. Emmons presented on the matter.

The postponement was necessitated by incomplete documentation and neighborhood concerns that required additional time to address. The applicant and staff were directed to resolve these issues before the matter could proceed to a final decision.

The hearing is scheduled to resume on April 27, 2012.

Lorleeta Mundy - Conditional use for family child care

34:06

A conditional use permit for family child care was presented for consideration. Alita Mundy spoke regarding the application.

The conditional use permit was approved with the following conditions:

• Hours of operation requirements
• Fencing specifications
• Compliance with state regulations

The permit allows for the operation of a family child care facility subject to these conditions.

Baptist Church at Andover - Conditional use to expand education center

Identifier: C-2012-12

Type: Conditional Use Permit

Outcome: Approved

The conditional use permit for the Baptist Church at Andover to expand its education center was presented and approved by the board. 38:13

Tom Lambden addressed the board regarding this agenda item. The approval included specific conditions that the applicant must satisfy, including compliance with the submitted site plan and requirements for tree replanting as part of the project.

The conditional use permit allows the church to proceed with the expansion of its education center subject to these conditions.