Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on June 8, 2012, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Chairman Louis Stout presiding. The board addressed three agenda items during the meeting, approving all items that came before it. The board took one motion and vote during the session and heard 18 public comments from attendees. All three matters—approval of the previous meeting's minutes, a conditional use appeal for Inner City Breakthrough Ministries (C-2010-20), and a change to the official meeting and filing schedule for 2012—were approved.

Attendance

Present: - Louis Stout - Janice Meyer - James Griggs - Noel White - Thomas Glover - Rochelle Boland - Jim Marx - Jimmy Emmons - Barbara Rackers - Wanda Howard

Absent: - Kathy Moore - Barry Stumbo

Late: - Thomas Glover

Votes and Decisions

Revocation of Conditional Use Permit for Inner City Breakthrough Ministries

The board voted to revoke the conditional use permit C-2010-20 for Inner City Breakthrough Ministries due to failure to comply with imposed conditions. 2:27:34

Chairman Louis Stout moved the motion, which was seconded by James Griggs. The motion passed by voice vote with no recorded opposition.

All five board members voted in favor of the revocation: - Louis Stout - Janice Meyer - James Griggs - Noel White - Thomas Glover

No board members voted against the motion, and there were no abstentions.

As part of the decision, a six-month relocation window was provided for the current occupants to find a suitable alternative site compliant with zoning regulations.

Public Comment

The meeting included extensive public comment on a proposal regarding a homeless shelter's conditional use permit. Speakers presented two distinct perspectives on the facility's continued operation.

Concerns About Neighborhood Safety

Several residents expressed concerns about safety and property conditions. Mark Spears [0:43:29] described increased incidents of trespassing, vandalism, defecation, and public intoxication on church property and surrounding streets, citing concerns for children and neighborhood safety. Carol Clemons [0:50:09] shared personal concerns about her grandchildren being frightened by homeless individuals and witnessing inappropriate behavior. Ed Clark [0:52:15] testified that the facility was originally approved as a church but has operated as a homeless shelter without proper notice, requesting permit revocation due to zoning violations. Lena Cornett [2:04:49] expressed fear for her grandchildren's safety and questioned whether sex offenders are properly vetted before admission.

B.W. Blanton, Jr. [0:46:14] expressed support for revoking the conditional use and volunteered to help find a suitable new location. Bill Farmer [0:55:07] supported the revocation petition, emphasizing fairness to the neighborhood.

Support for the Shelter's Continued Operation

Speakers supporting the shelter emphasized legal compliance and moral obligation. Jenny Ramsey [1:26:05] stated that the shelter was approved through proper channels with all permits obtained. Ed Dove [0:58:31] argued that the city was aware of the shelter's intent since January 2011 and that the church's mission should not be overridden by zoning regulations.

Multiple speakers appealed to religious and humanitarian values. Ron Davis [1:42:03] affirmed the shelter is doing God's work. Tana Fogle [1:45:11] urged the board to find a way to keep the shelter open. Pastor Everett Hobson [1:50:50] stressed that churches must serve all people in obedience to God's mandate. Rick Foster [1:57:39], a homeless veteran, warned that closing the shelter would leave vulnerable people exposed to extreme weather and danger. Chief [2:00:15] testified that the Community Inn is a safe, well-run facility. Marshall Garland [2:05:20] warned that economic collapse could increase homelessness, making closure disastrous. David Christensen [1:38:45] urged the board to ensure a replacement facility is in place before closure.

Contested Items

Revocation of Conditional Use Permit for 824 Winchester Road

A heated discussion arose regarding the revocation of a conditional use permit for the property at 824 Winchester Road. The hearing generated intense debate between two opposing groups with fundamentally different concerns about the site's use.

Community members expressing safety and property value concerns opposed the continued operation at the location. Conversely, supporters argued that the facility served a vital humanitarian mission and should be permitted to continue its operations.

The core disagreement centered on a fundamental zoning question: whether local zoning regulations should take precedence over religious and social service missions. Both sides presented strong emotional appeals in support of their positions, reflecting the deeply felt nature of the dispute and its significance to those involved.

Approval of Minutes

The meeting included approval of minutes from two previous sessions. 1:34

Minutes Reviewed - December 16, 2011 meeting minutes - January 27, 2012 meeting minutes

Key Speakers - Janice Meyer - James Griggs

Outcome Both sets of minutes were approved unanimously by voice vote with no objections raised.

Conditional Use Appeal: C-2010-20 - Inner City Breakthrough Ministries

5:21

The Board held a public hearing regarding the revocation of a conditional use permit for a property located at 824 Winchester Road. The permit had originally been issued for a church but was subsequently used as a homeless shelter.

Staff Presentation and Findings

Staff presented evidence documenting noncompliance with five conditions of the original permit. The violations included:

• Use of the property beyond the scope approved in the conditional use permit
• Lack of a required parking agreement
• Zoning violations related to the shelter operation

Community Opposition

Multiple community members testified in opposition to the continued use of the property as a shelter. Their concerns centered on safety issues and disruption to the neighborhood.

Supporters' Arguments

Speakers in support of Inner City Breakthrough Ministries argued that the shelter served a vital community mission. Supporters also contended that the city had previously approved the use of the property.

Key Speakers

The following individuals participated in the discussion: Jim Marx, Mark Spears, Jenny Ramsey, Ed Dove, and David Christensen.

Outcome

The Board voted to approve the revocation of the conditional use permit. The decision included a six-month relocation window, providing time for the organization to transition its operations from the Winchester Road location.

Change to the Official Meeting & Filing Schedule for 2012

The Board considered and approved changes to the 2012 meeting and filing schedule during this agenda item.

Action Taken

The Board approved a rescheduling of the June 29, 2012 meeting due to lack of quorum. Chairman Louis Stout made the motion, which was seconded by Ms. Janice Meyer. The motion carried unanimously.

Outcome

The proposed change to the official meeting and filing schedule for 2012 was approved.