Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment met on August 24, 2012, at 1:01 p.m. in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Vice-Chair Kathryn Moore presiding. The board considered 10 agenda items, taking 12 motions and votes throughout the meeting while hearing 4 public comments. Of the items presented, two were postponed—the Cherokee Park Neighborhood Association's administrative review of a zoning compliance permit for a Mobile MRI Facility and the Efren and Vladimera Alami administrative review of a drive-through facility in an R-3 zone. The remaining eight items were approved, including variances and conditional uses for a range of projects: a freestanding sign variance for Lexington Granite Company in an I-1 zone, a conditional use and landscape variance for Transylvania University's athletic facility, church expansions for Boone's Creek Baptist Church and Vineyard Community Church, an assisted living facility for Independent Healthcare Properties, LLC, a pawn shop expansion for RLG Investments, LLC, a home occupation tutoring business for Nadia Ali Benali, and live entertainment at a restaurant for David Romero.

Attendance

Present: Kathryn Moore, James Griggs, Noel White, Thomas Glover, Jim Gallimore, Chuck Saylor, Jim Marx, Tracy Jones, Jimmy Emmons, Bill Sallee, Wanda Howard, Richard Murphy, Bob Carter, Mark Matthews, Peter Fischer, John Davidson, Tony Barrett, Jay Million, Jason Banks, Ashley Deshawn, Ashraf, David Romero, Kay Swain, Dr. Octavio Hermida, Beth O'Donnell, and Jenny Stringer.

Absent: Louis Stout, Janice Meyer, and Barry Stumbo.

Late: None reported.

Votes and Decisions

Approval of Minutes

The board unanimously approved minutes from February 24, 2012, on a motion by Mr. Griggs, seconded by Mr. Glover 2:31. The board also unanimously approved minutes from May 18, 2012, on the same motion and second 2:31.

Postponements

The board unanimously postponed case A-2012-45, the Cherokee Park Neighborhood Association's appeal for administrative review of a mobile MRI facility permit, on a motion by Mr. Griggs, seconded by Ms. White 4:11.

The board unanimously postponed case A-2012-53, Efren and Vladimera Alami's appeal for administrative review of a drive-through facility in an R-3 zone, on a motion by Ms. White, seconded by Mr. Glover 4:44.

Variances and Conditional Use Permits

The board unanimously approved variance V-2012-54 for Lexington Granite Company to reduce a 10-foot right-of-way setback to 0 feet for a freestanding sign in an I-1 zone, on a motion by Mr. Glover, seconded by Ms. White 9:38. The sign must be constructed according to the submitted application and site plan, with all necessary permits obtained from the Division of Building Inspection.

The board unanimously approved conditional use permit and landscape variance CV-2012-52 for Transylvania University to build an outdoor athletic facility and eliminate buffer along Coolavin Park, on a motion by Mr. Griggs, seconded by Mr. Glover 13:59. Conditions include maintaining existing trees, directing lighting away from residential zones and the Florence Crittenden Home, and obtaining necessary permits.

The board unanimously approved conditional use permits for: - C-2012-46: Boone's Creek Baptist Church gymnasium and education building expansion in an A-R zone, on a motion by Ms. White, seconded by Mr. Griggs 16:12 - C-2012-49: Independent Healthcare Properties, LLC assisted living facility in a P-1 zone, on a motion by Mr. Glover, seconded by Mr. Griggs 31:16 - C-2012-50: Vineyard Community Church worship center and parking expansion in an R-1D zone, on a motion by Ms. White, seconded by Mr. Glover 32:19 - C-2012-51: RLG Investments, LLC pawn shop expansion in a B-3 zone, on a motion by Madam Chair, seconded by Second 34:34 - C-2012-47: Nadia Ali Benali's home occupation tutoring in a high-density apartment zone, on a motion by Madam Chair, seconded by Second 51:48

Roll Call Vote

Case C-2012-48, David Romero's live entertainment at a restaurant in a neighborhood business zone, passed on a roll call vote with 3 ayes and 1 nay 1:51:35. Voting in favor were Kathryn Moore, James Griggs, and Noel White. Thomas Glover voted against the motion, which was made by Madam Chair and seconded by Second.

Public Comment

Four community members provided public comment during the meeting, raising concerns about noise, parking, neighborhood character, and the decision-making process.

Kay Swain 1:05:58 expressed concern about loud music and dancing at night, parking issues, and potential safety risks from patrons speeding through the neighborhood. She also noted that the fire gate is sometimes opened by unauthorized individuals.

Dr. Octavio Hermida 1:09:48 stated that the neighborhood was assured during development that no loud entertainment would occur. He expressed concern about noise and music, as well as the type of patrons that would be attracted, especially during late hours.

Beth O'Donnell 1:14:12 argued that the proposed use represents a significant shift from the quiet, family-oriented character of the neighborhood. She raised concerns about property values, parking, and the potential for increased noise and unsafe behavior.

Jenny Stringer 1:23:31 requested that the board delay the decision and re-notice the hearing to allow for broader community input. She cited legitimate concerns from neighbors and the need to understand the full impact of the proposed use.

The primary themes across all comments were noise and entertainment concerns, parking and traffic safety issues, and the potential impact on the neighborhood's established character and property values.

Contested Items

Live Entertainment at Restaurant in Residentially Adjacent Zone

Residents raised significant concerns about a proposal to allow live entertainment at a restaurant located in a zone adjacent to residential areas. Community members expressed strong opposition focused on multiple impacts to neighborhood quality of life, including noise, parking congestion, safety issues, and changes to the character of the neighborhood. Multiple speakers emphasized that the proposed use represented a substantial shift from the previous quiet use of the property. Residents called for a six-month review period and broader notice requirements before any approval, citing the need for adequate time to assess the proposal's effects on the community.

Generator Placement for Assisted Living Facility

A disagreement arose regarding the placement of a generator for an assisted living facility. The board was divided on whether the proposed location was acceptable. One board member raised concerns about noise impacts and convenience related to the generator's placement. Although the applicant agreed to relocate the generator to address these concerns, the split vote reflected ongoing uncertainty about the suitability of the location. The board ultimately imposed a condition requiring the generator to be relocated, making the relocation a mandatory requirement rather than a voluntary concession.

Cherokee Park Neighborhood Association - Administrative Review of Zoning Compliance Permit for Mobile MRI Facility

Agenda Item: A-2012-45

The Cherokee Park Neighborhood Association presented an administrative review of a zoning compliance permit for a Mobile MRI Facility. 3:07

Key Speakers: - Richard Murphy - Jimmy Emmons

Action Taken:

The appeal was postponed to the September 28, 2012 meeting. The postponement was requested by both the property owner and the neighborhood association, and proceeded without opposition from any parties present.

Administrative Notes:

Staff confirmed that the postponement request was received after the legal advertisement period had concluded.

Efren and Vladimera Alami - Administrative Review of Drive-Through Facility in R-3 Zone

Case Identifier: A-2012-53

Overview

This agenda item concerned an administrative review of a proposed drive-through facility in an R-3 zone for applicants Efren and Vladimera Alami.

Discussion

Jimmy Emmons addressed the item 4:44. The applicants requested a postponement of the appeal to allow for additional time before the next hearing.

Outcome

The appeal was postponed to the September 28, 2012 meeting at the request of the applicants. The postponement proceeded with no opposition from other parties. Staff confirmed that the postponement request was received after the legal advertisement had been issued.

Lexington Granite Company - Variance for Freestanding Sign in I-1 Zone

Case Number: V-2012-54

Outcome: Approved unanimously

8:32

Lexington Granite Company requested a variance to allow a freestanding sign in an I-1 (Industrial) zoning district.

Key Speakers: - Bob Carter - Jimmy Emmons

Staff Recommendation and Rationale:

Staff recommended approval of the variance based on several factors: - The wide right-of-way in the location - Lack of adverse impact on the surrounding area - The need to improve visibility for the business

Applicant Agreement:

The applicant agreed to two conditions imposed as part of the approval.

The variance was approved unanimously by the board.

Transylvania University - Conditional Use and Landscape Variance for Athletic Facility

Case Number: CV-2012-52

Outcome: Approved

The board considered a conditional use permit and landscape variance request for Transylvania University's athletic facility project 10:10. Key speakers included Richard Murphy, Mark Matthews, Peter Fischer, and Jimmy Emmons.

Discussion and Clarifications

The applicant provided clarifications on two significant aspects of the project. First, they addressed plans related to fencing for the athletic facility. Second, they clarified the location and routing of the sewer line to ensure proper infrastructure coordination.

Modified Condition

The board approved the conditional use and variance with a modification to the conditions. The modification expanded the paved area allowance to include the track as part of the permitted paved surface calculation. This adjustment reflected the functional requirements of the athletic facility while maintaining compliance with zoning standards.

Staff Confirmation

Staff confirmed that the modified conditions were acceptable and that the applicant's clarifications on the fence and sewer line plans addressed the necessary technical requirements for the project.

Boone's Creek Baptist Church - Conditional Use for Church Expansion in A-R Zone

Case Number: C-2012-46

Outcome: Approved unanimously

Overview

The board considered a conditional use application for Boone's Creek Baptist Church to expand its facilities within an A-R (Agricultural-Residential) zone. 14:31

Key Presenters

John Davidson and Jimmy Emmons presented information regarding the church expansion proposal.

Staff Recommendations

Staff recommended approval of the conditional use with five conditions:

• Construction-related requirements
• Septic system specifications
• Cemetery protection measures
• Additional conditions related to site development

Applicant Confirmation

The applicant confirmed that the proposed addition does not cross existing property lines, addressing a key consideration for the expansion within the zoned area.

Board Action

The conditional use permit was approved unanimously by the board, with all recommended conditions accepted as part of the approval.

Independent Healthcare Properties, LLC - Conditional Use for Assisted Living Facility

17:54

The board considered a conditional use application from Independent Healthcare Properties, LLC for an assisted living facility in a P-1 zone, identified as agenda item C-2012-49.

Presentation and Key Speakers

Tony Barrett and Jimmy Emmons presented on this matter.

Staff Recommendation

Staff recommended approval of the conditional use with five conditions. These conditions addressed noise mitigation and parking requirements for the facility.

Applicant Agreement

During the discussion, the applicant agreed to relocate the generator to the dumpster area, addressing a concern that had been raised regarding the project.

Outcome

The conditional use was approved unanimously by the board.

Vineyard Community Church - Conditional Use for Church Expansion in R-1D Zone

Case Number: C-2012-50

Outcome: The conditional use permit was approved unanimously.

Key Speaker: Jay Million

Summary

The board considered a conditional use permit application for Vineyard Community Church to expand operations in an R-1D residential zone. 31:49

The applicant agreed to preserve mature trees on the property as part of the development plan. Additionally, the applicant accepted two conditions related to site development and parking requirements.

The conditional use permit was approved by unanimous vote of the board.

RLG Investments, LLC - Conditional Use for Pawn Shop Expansion in B-3 Zone

33:26

RLG Investments, LLC requested a conditional use permit for a pawn shop expansion in a B-3 zone. The applicant submitted a revised site plan that addressed closure of access points and landscape buffer requirements in response to staff feedback.

Staff recommended four conditions for approval of the conditional use permit.

Jason Banks spoke during the discussion of this agenda item.

The conditional use permit was approved unanimously by the board.

Nadia Ali Benali - Conditional Use for Home Occupation Tutoring in High-Density Apartment Zone

Case Number: C-2012-47

Overview

The meeting addressed a conditional use application for Nadia Ali Benali to operate a home occupation tutoring business in a high-density apartment zone. 35:09

Key Speakers

The discussion involved Ashley Deshawn, Ashraf, and Jimmy Emmons.

Staff Recommendation

Staff recommended five conditions for approval of the conditional use permit.

Issues and Resolution

Traffic and parking concerns were raised regarding the proposed tutoring operation in the high-density residential area. Rather than proceeding through formal dispute resolution, the applicant and the neighborhood association reached an agreement addressing these concerns, which helped facilitate the approval process.

Outcome

The conditional use was approved. The approval included a six-month review condition, which will allow the city to assess the actual impact of the home occupation tutoring business on the neighborhood and ensure compliance with the agreed-upon terms regarding traffic and parking.

David Romero - Conditional Use for Live Entertainment at Restaurant in Neighborhood Business Zone

1:00:03

Overview

The board considered a conditional use request (C-2012-48) from David Romero to permit live entertainment at a restaurant located in a Neighborhood Business Zone.

Key Participants

The discussion involved David Romero, the applicant, along with board members and staff including Jimmy Emmons, Kay Swain, Dr. Octavio Hermida, Beth O'Donnell, and Jenny Stringer.

Outcome

The conditional use was approved by a vote of 3-1. The approval included eight conditions designed to address potential impacts on the surrounding neighborhood:

• Soundproofing requirements
• Parking documentation
• A six-month review period
• A null-and-void clause that would terminate the conditional use upon transfer of ownership

Conditions of Approval

The eight conditions attached to the approval established specific operational and physical requirements for the live entertainment use. The six-month review provision allowed the board to assess the actual impact of the entertainment activity on the neighborhood before the conditional use became permanent. The null-and-void clause upon ownership transfer ensured that any future owner would need to reapply for the conditional use rather than automatically inheriting the approval.