Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment Planning Services Section met on May 18, 2012, at 1:00 p.m. at 200 East Main Street in Lexington, Kentucky. Louis Stout presided over the meeting, which addressed six agenda items involving variance appeals and conditional use permit requests. The board took eight motions and votes during the session and heard five public comments.

Of the six cases presented, four were approved: Ball Homes, LLC's Floodplain Variance Appeal; William Mercer's Front Setback Variance Appeal; Jeff Spencer's Car Wash Conditional Use Appeal; and Campus Rental Properties' Sign Setback Variance Appeal. Two cases were postponed: the revocation hearing request for Inner City Breakthrough Ministries and the Conditional Use Permit Appeal for Brenda Tollett/BVC Holding, LLC.

Attendance

Present: Louis Stout, Jim Griggs, Barry Stumbo, Kathryn Moore, Jan Meyer, Thomas Glover, Chuck Saylor, Jim Gallimore, Rochelle Boland, Jim Marx, Wanda Howard, Jimmy Emmons, Bill Sallee, Ed Dove, Hart Terrell, Rena Wiseman, James Griffith, Kevin, John Strom, Diane Lawless, and Chris King.

Absent: Noel White.

Late: None.

Votes and Decisions

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

Minutes Approval 1:28:40 The Planning Commission approved the minutes from the December 16, 2011 and April 27, 2012 meetings. Motion by Barry Stumbo, seconded by Jan Meyer.

Postponements and Scheduling

A motion to postpone C-2010-20: INNER CITY BREAKTHROUGH MINISTRIES for 30 days or to a special meeting passed unanimously 8:17. Motion by Thomas Glover, seconded by Barry Stumbo.

A special meeting for C-2010-27: INNER CITY BREAKTHROUGH MINISTRIES was scheduled for June 8 at 1:30 PM 17:41. Motion by Jan Meyer, seconded by Thomas Glover.

C-2012-28: BRENDA TOLLETT / BVC HOLDING, LLC was postponed to the June 29 meeting 43:59. Motion by Jan Meyer, seconded by Thomas Glover.

Variance Approvals

V-2012-27: Ball Homes, LLC received approval to reduce floodplain setback from 25 feet to 12.5 feet 31:04. Motion by Barry Stumbo, seconded by Kathryn Moore. Conditions include compliance with the submitted site plan and obtaining all necessary permits from the Division of Building Inspection.

V-2012-30: William Mercer received approval to reduce front setback from 20 feet to 3 feet for additional parking 42:19. Motion by Jim Griggs, seconded by Thomas Glover. Conditions include constructing additional driveway pavement no more than 9 feet in width beginning at least 3 feet behind the property line, planting at least one small ornamental tree between the new pavement and the adjacent property line, and submitting an Administrative Action Plat for approval prior to permit issuance.

V-2012-31: Campus Rental Properties received approval to reduce sign setback from 20 feet to 12 feet in an R3 zone 1:27:34. Motion by Thomas Glover, seconded by Jan Meyer. Conditions limit the sign to 40 square feet maximum area and require it to include the property address and be maintained in clean and safe condition.

Conditional Use Approval

AC-2012-29: Jeff Spencer received approval for a conditional use permit to operate a full-service car wash in a B1 zone 1:06:06. Conditions require compliance with stormwater and drainage regulations, prevention of excessive noise or traffic congestion, and maintenance of the surrounding area in clean and orderly condition.

Public Comment

The meeting included five public speakers addressing various zoning and development matters.

Ed Dove 1:32 requested a postponement for the Inner City Breakthrough Ministries church appeal. He cited the need for additional preparation time, dialogue with planning staff, and resolution of a potential fair housing complaint, emphasizing the case's significance and complexity.

Jeff Spencer 44:39 spoke in support of his full-service car wash operation in the B1 zone. He characterized the business as a community service, stating it causes no noise or traffic issues and has received no complaints. He requested approval based on its minimal impact and community benefit.

James Griffith 52:10 testified in support of Spencer's car wash, noting that the business has improved the cleanliness of the parking lot and has caused no disturbances. He characterized it as a positive addition to the neighborhood.

Diane Lawless 1:07:09 expressed concern about unsightly, permanent rental signs advertising multiple properties across residential areas. She called these signs a blight on neighborhoods and requested a postponement of the variance approval until the council addresses zoning regulations for rental signage.

John Strom 1:14:03 explained that the proposed sign is a replacement for an existing one that has been in place since 1976. He noted that the new sign is smaller in face area and is intended to improve visibility for emergency services and residents.

Contested Items

The May 18, 2012 meeting included three items that generated significant disagreement among board members and community stakeholders.

Variance for William Mercer's driveway

Board members engaged in heated discussion over a variance request for paving a front yard driveway on a Y-shaped cul-de-sac. The primary concern centered on the precedent such approval could establish. One board member estimated that up to 400 similar properties on comparable Y-shaped cul-de-sacs could potentially seek similar variances if approved. Staff recommended a compromise approach designed to preserve green space while addressing the applicant's request.

Car wash in B1 zone

The Board was divided on a proposal for a full-service car wash in a B1 zoning district. The central disagreement involved whether the full-service operation qualified as a self-service use under existing zoning regulations. After debate, board members reached a compromise that approved the use contingent upon specific conditions.

Rental signage in residential areas

A council member raised strong objections to permanent rental signs proposed for residential neighborhoods, citing concerns about visual impact. Rather than proceeding with a vote, the council member requested postponement of the decision to allow time for the council to address the broader zoning issues underlying the signage question.

INNER CITY BREAKTHROUGH MINISTRIES - Revocation Hearing Request

1:32

The Board considered a revocation hearing request for Inner City Breakthrough Ministries, a church operating in a B-4 zone that was not in compliance with its operating conditions.

Key Speakers: - Ed Dove - Louis Stout - Jim Griggs - Thomas Glover - Jan Meyer

Discussion: The applicant's attorney requested a postponement of the revocation hearing, citing the need for additional time to prepare for the proceedings and to engage in dialogue regarding the non-compliance issues.

Outcome: The Board voted unanimously to postpone the revocation hearing. The matter was rescheduled for a special meeting on June 8.

BRENDA TOLLETT / BVC HOLDING, LLC - Conditional Use Permit Appeal

Case Number: C-2012-28

The Board considered a conditional use permit appeal for an indoor/outdoor recreational facility 20:21. The matter involved speakers Bill Sallee, Jan Meyer, and Thomas Glover.

Staff Recommendation

Staff recommended approval of the appeal subject to conditions.

Board Action

The Board postponed consideration of the appeal due to the absence of the applicant. The matter was deferred to the June 29 meeting for further consideration.

BALL HOMES, LLC - Floodplain Variance Appeal

Identifier: V-2012-27

The Board considered a floodplain variance appeal by Ball Homes, LLC 21:54. The request sought to reduce the floodplain setback requirement from 25 feet to 12.5 feet.

Key Speakers

The discussion involved Rena Wiseman, Jim Marx, and Hart Terrell.

Decision

The Board unanimously approved the variance. In making this determination, the Board found that:

• The structure is located outside the regulatory floodplain
• Strict application of the setback requirement would cause unnecessary hardship

Outcome

The variance was approved, allowing Ball Homes, LLC to proceed with a reduced floodplain setback of 12.5 feet rather than the standard 25-foot requirement.

WILLIAM MERCER - Front Setback Variance Appeal

Identifier: V-2012-30

The Board considered a front setback variance appeal for William Mercer's property 32:11. The request sought to reduce the required front setback from 20 feet to 3 feet to accommodate additional parking on the lot.

Key Speakers

The discussion involved Hart Terrell, Jim Sallee, and Jim Griggs.

Presentation and Rationale

The variance was justified based on the unique shape of the lot and the absence of available on-street parking in the area. These factors were cited as creating a practical need for the reduced setback to enable parking on the property.

Staff Recommendation

Staff recommended a modified version of the variance proposal. This alternative approach was intended to preserve green space on the property while still addressing the parking needs.

Outcome

The Board approved the variance to reduce the front setback to 3 feet, allowing the additional parking as requested.

JEFF SPENCER - Car Wash Conditional Use Appeal

Identifier: AC-2012-29

The Board considered a conditional use appeal for a full-service car wash operation proposed in a B1 zone 44:39. Key speakers included Jeff Spencer, James Griffith, and Rochelle Boland.

The discussion centered on whether to approve the conditional use permit for the car wash operation. The Board weighed concerns about potential nuisance impacts and the precedent that approval might set for similar uses in the B1 zone against the applicant's proposal.

Through discussion, a compromise was reached that addressed the Board's primary concerns. The compromise involved establishing specific conditions under which the car wash operation would be permitted to proceed.

Outcome: The Board approved the conditional use permit for the full-service car wash, contingent upon the applicant's compliance with the negotiated conditions designed to mitigate nuisance concerns and limit precedent-setting implications for future similar applications in the zone.

CAMPUS RENTAL PROPERTIES - Sign Setback Variance Appeal

Case Number: V-2012-31

Overview

The Board considered a sign setback variance appeal for Campus Rental Properties 1:07:09. The applicant requested approval to reduce the required sign setback from 20 feet to 12 feet for a replacement sign.

Key Speakers

• John Strom
• Diane Lawless

Discussion and Findings

The Board noted that this request involved a replacement sign rather than a new sign installation. The variance was characterized as a minor structural upgrade to existing signage on the property. This distinction was significant in the Board's evaluation of the request, as it differentiated the proposal from a new sign that would require full compliance with current setback standards.

Decision

The Board approved the variance request. The approval included conditions to ensure ongoing compliance with applicable signage regulations. These conditions were designed to address setback requirements while accommodating the replacement of the existing sign structure.