Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment met on July 20, 2012, at 2:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with the Madam Chair presiding. The board considered 13 agenda items, which included appeals for various zoning variances, conditional use permits, and administrative reviews. During the meeting, the board took 13 votes and heard 5 public comments. Of the items considered, 12 were approved, including variances to reduce required setbacks and side yards, multiple conditional use permits for churches, an arcade and cocktail lounge, a recreational facility, a school expansion, and a fraternity house. One item—an appeal for front yard parking variance in an infill and redevelopment area—was denied.

Attendance

The following individuals were present at the meeting on July 20, 2012:

• Laurel A. Connors
• Charles William Connors
• Don Hamilton
• Brennan Mayhew
• Zeph Maloney
• Derek Coleman
• Morgan Dye
• Nick Nicholson
• Stalkine and Ogden
• Nicholas Hadley
• Kim Hurley
• Jonathan Isaacs
• Jimmy Toney
• Chris Kavitsky
• Pastor Paul Sisk
• Craig Kuchowski
• Mindy Keller
• Bruce Simpson
• Joe Marshall
• Vinny Sandy
• Alice Christ
• Diane Lawless
• Martha Birchfield
• Wayne Waddell
• Clyde Simmons
• Stuart Lowenthal

No absences or late arrivals were recorded.

Votes and Decisions

The Planning Commission voted on twelve motions during this meeting, with eleven passing and one denied.

Variance Appeals (Voice Votes)

V-2012-38 [00:05:47]: An appeal for variance to reduce the required side yard from 8 feet to 5 feet for a residence addition in a Single Family Residential zone at 3288 Carlsbad Court passed. The new 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. Documentation of signed utility encroachment agreements must be submitted before construction begins.

V-2012-39 [00:06:49]: An appeal for variance to reduce the required 25-foot floodplain setback to 10 feet for a building expansion in a Highway Service Business zone at 1504–1508 Colesbury Circle passed. The property must be developed according to the approved site plan, with all necessary permits including Zoning Compliance, Building Permits, and Special Use Permit approval obtained prior to construction.

V-2012-40 [02:54:21]: An appeal for variance to reduce the required front yard from 20 feet to 0 feet for an additional parking space in a Single Family Residential zone at 626 Castle Road was denied. The vote was 4 nays to 3 ayes. Voting against: Ms. Lawless, Mr. Stumbo, Mr. Emmons, and Mr. Singleton. Voting for: Mr. Griggs, Mr. Glover, and Mr. Simpson.

V-2012-41 [00:55:15]: An appeal for variance to reduce the required vehicular use area buffer from 3 feet to 0 feet along the eastern property line at 763 Lane Allen Road passed. Development must comply with the submitted application and site plan, with large species variety trees planted in the front yard and small or medium species variety trees in the rear parking lot landscape island.

Conditional Use Permits (Voice Votes)

CV-2012-35 [00:16:20]: An appeal for conditional use permit to construct a parking lot for Gardenside Baptist Church and variances to reduce front yard setbacks at multiple Alexandria Drive and Traveller Road properties was approved. The applicant must submit revised site plans addressing parking space relocation, vehicular use area screening, and a 105-foot setback from Traveller Road.

CV-2012-42 [00:44:14]: An appeal for conditional use permit to establish an arcade and cocktail lounge with variance to reduce the setback from residential zone from 100 feet to 60 feet at 574 North Limestone Street passed. Outdoor speakers are prohibited, and the use becomes null and void if the applicant ceases operations.

C-2012-28 [00:45:25]: An appeal for conditional use permit for an indoor/outdoor recreational facility in a Light Industrial zone at 709 Miles Point Way passed. The facility must comply with the Old Frankfort Pike Landscape Ordinance, obtain Division of Engineering approval for storm drainage, and meet Traffic Engineer requirements for parking and circulation.

C-2012-32 [00:47:00]: An appeal for conditional use permit to expand a church building with a 16x17 rear addition in a Planned Neighborhood Residential zone at 425 Patchen Drive passed. Combined enrollment for the elementary school and child care shall not exceed fifty children.

C-2012-33 [00:48:20]: An appeal for conditional use permit to establish a church in a Light Industrial zone at 707 Downs Avenue, Suite 150 passed. Tree line gaps along the north perimeter must be replanted, and all parking must be paved and striped.

C-2012-34 [00:49:22]: An appeal for conditional use permit to increase school enrollment in a Planned Neighborhood Residential zone at 3601 Winthrop Drive passed. The school will have no more than 200 students with fourteen classrooms.

C-2012-37 [02:21:38]: An appeal for conditional use permit to occupy an existing building as a fraternity house in a Planned Neighborhood Residential zone at 320 Rose Street passed 4-2. Voting for: Mr. Glover, Tommy, Mr. Simpson, and Mr. Stumbo. Voting against: Mr. Griggs and Ms. Lawless. The applicant must submit documents regarding alcohol policies, comply with University of Kentucky's Code of Conduct, and submit revised landscaping plans. A six-month review will be conducted by zoning enforcement staff.

Administrative Reviews (Voice Votes)

A-2011-81 [00:52:33]: An administrative review of Craig Kuchowski's compliance with conditions from a January hearing passed. The applicant is in compliance based on the zoning enforcement staff report.

A-2012-43 [00:53:39]: An administrative review of Sensibly Chic's appeal to transfer a 15.5 square foot sign from rear to front of building at 2121 Richmond Road, Suite 130 passed. The applicant must ensure the new sign complies with all applicable signage regulations and submit a revised site plan.

Public Comment

Five speakers addressed the board during the public comment period, with concerns focused on two primary issues: a proposed fraternity conditional use and a front yard parking variance.

Fraternity Conditional Use Opposition

Alice Christ 1:32:13 expressed concern that approving fraternities in residential neighborhoods erodes zoning integrity and discourages families from rehabilitating homes. She cited the cumulative impact of multiple conditional uses in the Aylesford neighborhood.

Diane Lawless 1:40:30 argued that the city is losing neighborhood character one property at a time through spot zoning. She urged the board to draw a line to preserve the economic and cultural value of the 3rd District.

Martha Birchfield 1:52:38 shared personal experience with disruptive fraternity behavior and warned that the applicant has a history of circumventing regulations. She urged the board to deny the request.

Front Yard Parking Variance Opposition

Wayne Waddell 2:46:52 emphasized that the neighborhood has consistent setbacks and no front yard parking. He argued that the applicant has viable alternatives and is circumventing the zoning ordinance in the infill and redevelopment area.

Clyde Simmons 2:50:35 accused the applicant of being a poor neighbor, citing past incidents of drunken parties and unauthorized construction. He warned that the applicant operates under the radar to avoid scrutiny.

Contested Items

Fraternity Conditional Use Permit at 320 Rose Street

The application for a fraternity conditional use permit at 320 Rose Street generated significant community opposition. Residents and council members raised concerns that the permit would erode neighborhood character and establish a precedent for additional spot zoning in the area. The debate extended beyond the immediate application to broader questions about enforcement mechanisms, planning oversight, and potential impacts on property values in the neighborhood.

Front Yard Parking Variance at 626 Castle Road

A request for a front yard parking variance at 626 Castle Road prompted heated discussion among council members and residents. The debate centered on competing concerns about neighborhood character, zoning compliance, and the fairness of granting variances. Multiple residents testified in opposition to the variance, citing safety risks and concerns that approval would set a problematic precedent for future similar requests. The contentious nature of the discussion was reflected in a close vote on the matter.

Appeal for variance to reduce required side yard from 8 feet to 5 feet

The Board considered a variance request by C. William and Laurel A. Connors to reduce the required side yard setback from 8 feet to 5 feet for the purpose of constructing a residence addition 4:42.

Staff Recommendation

Staff recommended approval of the variance. The analysis found that strict application of the zoning ordinance would result in a 25% loss of floor area for the proposed addition. Staff determined that the variance would have no adverse impact on public health, safety, or the character of the neighborhood.

Board Action

The Board approved the variance request with conditions.

Appeal for variance to reduce required 25-foot floodplain setback to 10 feet

Identifier: V-2012-39

AutoZone, Inc. requested a variance to reduce the required floodplain setback from 25 feet to 10 feet for a proposed development. 6:18

Presentation and Staff Recommendation

Brennan Mayhew presented the variance request. Staff recommended approval of the variance, noting that the proposed development would be located mostly outside the floodplain area and would not alter the commercial character of the surrounding area.

Outcome

The Board approved the variance with conditions.

Appeal for variance to eliminate vehicular use area buffer along eastern property line

Case Number: V-2012-41

Zeph Maloney requested a variance to eliminate a 3-foot buffer in the vehicular use area along the eastern property line 7:55. The variance was sought due to the existing driveway layout on the property.

Staff Recommendation

Staff recommended approval of the variance request. The analysis found that eliminating the buffer would have no adverse impact on public health or neighborhood character. Additionally, staff noted that the variance would allow for future interconnection of parking lots, providing potential operational benefits.

Board Action

The Board approved the variance after opposition was resolved. The approval allows the applicant to proceed with the elimination of the required 3-foot buffer along the eastern property line.

Conditional use permit for church parking lot and front yard variances

Case Number: CV-2012-35

Applicant: Gardenside Baptist Church

Overview

The Board considered a conditional use permit request from Gardenside Baptist Church for approval of a parking lot and front yard variances. 9:34

Key Speakers

• Derek Coleman
• Morgan Dye

Discussion and Outcome

Staff recommended approval of the request with revised conditions. The recommendation came after the applicant clarified the use of a property that had previously been in question, which resolved concerns and allowed staff to move forward with a favorable recommendation.

The Board approved the conditional use permit request with conditions.

Conditional use permit for arcade and cocktail lounge with setback variance

By the Barrel, LLC. requested approval for a conditional use permit to operate an arcade and cocktail lounge, along with a 60-foot setback variance 17:25.

Application Details

The applicant sought permission to establish the arcade and cocktail lounge business and requested a variance from standard setback requirements of 60 feet.

Key Discussion Points

The applicant, represented by Nick Nicholson and Stalkine and Ogden, opposed a proposed outdoor speaker ban. They argued that the prohibition on outdoor speakers was inconsistent with nearby uses in the area, suggesting that similar businesses in the vicinity operated with outdoor speakers without restriction.

Board Action

The Board approved the conditional use permit application. However, the approval included a condition that prohibited the use of outdoor speakers at the facility. This condition directly addressed the applicant's concerns but was imposed as a requirement of the permit.

Outcome

The application was approved with conditions, allowing By the Barrel, LLC. to proceed with the arcade and cocktail lounge operation and the requested setback variance, subject to the outdoor speaker restriction.

Conditional use permit for indoor/outdoor recreational facility in I-1 zone

Identifier: C-2012-28

Brenda Tullett appealed for a conditional use permit to operate an indoor/outdoor recreational facility in a light industrial (I-1) zone. 44:48

Staff recommended approval of the application subject to conditions addressing landscaping, parking, and stormwater management. These conditions were designed to mitigate potential impacts of the recreational facility on the surrounding industrial zone.

Nicholas Hadley participated as a key speaker during the discussion of this agenda item.

The Board approved the conditional use permit application.

Conditional use permit to expand church building

Good Shepherd Lutheran Church requested a conditional use permit to expand its building. 46:29

Presenters and Discussion

Kim Hurley and Jonathan Isaacs were the key speakers on this agenda item.

Staff Recommendation

Staff recommended approval of the application, subject to specific conditions. The recommended conditions addressed enrollment limits, required permits, and compliance with applicable regulations.

Board Action

The Board approved the conditional use permit application for Good Shepherd Lutheran Church to expand its building.

Conditional use permit to establish church in I-1 zone

Identifier: C-2012-33

The Board considered a conditional use permit application for Lexington Tabernacle to establish a church in a light industrial (I-1) zone. 47:30

Key Speakers: - Jimmy Toney - Chris Kavitsky

Staff Recommendation: Staff recommended approval of the application subject to conditions addressing landscaping, parking, and waste management.

Outcome: The Board approved the conditional use permit application.

Conditional use permit to increase school enrollment

Identifier: C-2012-34

Anchor Baptist Church requested approval for a conditional use permit to increase school enrollment. 48:50

Presentation and Staff Recommendation

Staff reviewed the application and recommended approval. The analysis found that the proposed enrollment increase would not create adverse impacts on the surrounding area. Specifically, staff determined that adequate parking was available to accommodate the increased enrollment.

Key Speaker

Pastor Paul Sisk represented the applicant during the discussion.

Board Action

The Board approved the conditional use permit application.

Administrative review of Craig Kuchowski's compliance

49:55

The Board conducted an administrative review of Craig Kuchowski's compliance with conditions from a prior hearing. Staff presented a report confirming that no violations had been identified and that the applicant was in compliance with all required conditions.

Craig Kuchowski participated in the discussion. Following staff's presentation and review, the Board accepted the compliance report and found the applicant in compliance with the conditions previously imposed.

Outcome: The review was approved.

Administrative review of sign transfer

Sensibly Chic requested approval to transfer a sign from the rear to the front of a building. 53:04

Mindy Keller presented the application to the Board. Staff recommended approval of the sign transfer with conditions.

The Board approved the application.

Conditional use permit for fraternity house

Identifier: C-2012-37

The Board considered a conditional use permit application from Lexington Property Group for a fraternity house 1:05:33.

Application and Staff Recommendation

Staff recommended approval of the conditional use permit with specific conditions. The recommended conditions included a six-month review period and a null-and-void clause.

Key Participants

The discussion involved Bruce Simpson, Joe Marshall, and Vinny Sandy.

Public Opposition

The application generated extensive public opposition during the meeting.

Outcome

The Board approved the conditional use permit application despite the significant public opposition raised during discussion.

Appeal for front yard parking variance in infill and redevelopment area

Case Number: V-2012-40

Stuart Lowenthal requested a variance to permit front yard parking in an infill and redevelopment area. 2:23:54

Staff Recommendation

Staff recommended disapproval of the variance request. The recommendation cited three primary concerns:

• Neighborhood character preservation
• Safety concerns
• Availability of rear parking alternatives

Key Discussion

The appeal was discussed by the Board with participation from Stuart Lowenthal, Wayne Waddell, and Clyde Simmons.

Public Opposition

The request faced opposition during the public comment period, with community members expressing concerns about the proposed front yard parking.

Outcome

The Board denied the variance request.