Board of Adjustment Meeting Part I

Summary

Meeting Overview

The Board of Adjustment met on October 26, 2012, at 1:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with the Madam Chair presiding. The board considered five agenda items involving variance appeals and conditional use requests, taking 11 votes throughout the meeting and hearing 6 public comments. The board approved four of the five items under consideration: a parking reduction variance for a boutique hotel and art museum project by 21C Lexington, LLC; a conditional use revocation hearing for live entertainment at Southside Pub; a conditional use appeal for an extended-stay hotel by Cohen Realty, Inc.; and a conditional use appeal for nightclub hours by Sims Entertainment Group, LLC. The board denied one conditional use appeal for a rehabilitation home submitted by Stanley Gross.

Attendance

The following individuals were present at the meeting on October 26, 2012:

• Craig Greenberg
• Juan Castro
• Tony Hodges
• Wendy Ritchie
• James Laird
• Dick Murphy
• Gene Coppinger
• Bruce Simpson
• Chris Westover
• Jeff Stidham
• John Talbot
• Stanley Gross
• Jim Thomerson
• Dr. Larry Kopsik
• Ben Hoffman
• Bill Farmer
• Diane Lullis
• Bob Sessom
• Amy Clark
• Robert Putt
• Mr. Marks

Stanley Gross arrived late to the meeting. No attendees were recorded as absent.

Votes and Decisions

The Board approved ten motions during this meeting, with one denial.

V-2012-75 [0:19:55]: Approval of a variance to reduce parking spaces from 90 to 45 for a boutique hotel/art museum in the Lexington Center Business (B-2B)/Courthouse Area Overlay (CHA) zone passed by voice vote. The applicant must provide documentation of a renewable parking agreement for at least 45 parking spaces prior to issuance of a Zoning Compliance Permit, and obtain all necessary permits from Planning and Building Inspection before hotel operation.

C-2012-67 [0:24:45]: Approval of a conditional use permit to operate a restaurant with live entertainment in a Neighborhood Business (B-1) zone passed by voice vote. Conditions include obtaining required permits, prohibiting outdoor live entertainment and outdoor speakers, limiting hours to Friday and Saturday nights ending no later than 1:00 am, and sound-proofing to prevent nuisance to surrounding neighborhoods.

C-2012-68 [0:27:29]: Approval of a conditional use permit to operate a nightclub/bar with live entertainment and dancing in a Neighborhood Business (B-1) zone passed by voice vote. Similar conditions apply, with live entertainment limited to Monday through Saturday nights ending no later than 2:00 am.

C-2012-69 [0:28:39]: Approval of a conditional use permit to provide family child care for up to 12 children in a Single Family Residential (R-1D) zone passed by voice vote. The facility must comply with Kentucky Cabinet for Health and Family Services regulations and obtain occupancy certification before caring for more than six children.

C-2012-71 [0:29:12]: Approval of a conditional use permit to establish an athletic club/indoor recreational facility in a Wholesale and Warehouse Business (B-4) zone passed by voice vote. The applicant must stripe the existing rear parking area within 30 days and obtain necessary permits before commencing operations.

C-2012-72 [0:45:02]: Approval of a conditional use permit to amend a previously approved site plan for a golf course in the Agricultural Rural (A-R) zone passed by voice vote. The proposed UK team facility is limited to 11,628 square feet, and the septic system must be re-evaluated by the Fayette County Board of Health.

A-2012-73 [0:48:13]: Approval of an administrative review for a second kitchen in the Agricultural Rural (A-R) zone passed by voice vote.

C-2010-53 [0:56:23]: Continuation of a conditional use permit for Southside Pub with indoor-only live entertainment passed by voice vote, maintaining the original seven conditions including no entertainment on Sundays.

C-2012-60 [3:01:56]: Approval of a conditional use permit to construct an extended-stay hotel with accessory parking in Professional Office (P-1) and High Density Apartment (R-4) zones passed by voice vote, with extensive conditions regarding parking, landscaping, stormwater management, and deed restrictions.

C-2012-70 [4:42:20]: Approval of a conditional use permit to extend nightclub closing time from 1:00 a.m. to 2:30 a.m. passed by voice vote, with conditions limiting occupancy to 275 patrons and restricting operations to Wednesday through Saturday, 8:30 pm to 2:30 am.

C-2012-55 [4:16:25]: Denial of a conditional use permit to operate a rehabilitation home in a Neighborhood Business (B-1) zone failed by voice vote.

Public Comment

Six members of the public addressed the meeting with concerns about two primary issues: a proposed rehabilitation home in the Georgetown Street neighborhood and operating hours for a nightclub.

Rehabilitation Home Concerns

Tom Blues spoke at 3:28:40 about the Georgetown Street neighborhood, expressing concern that the proposed rehabilitation home would undermine long-term neighborhood revitalization efforts and harm property values. He emphasized the need to preserve a stable, family-friendly residential environment.

Linda Godfrey addressed long-term zoning consequences at 3:33:25, warning that approving the rehabilitation home would set a precedent that could negatively impact future redevelopment and stability in the Georgetown Street neighborhood.

Adrienne Takur spoke at 3:40:32 about precedent and neighborhood character, arguing that the large occupancy dwelling contradicts the neighborhood's revitalization goals and would be inappropriate for the area, despite acknowledging the need for rehabilitation services.

Nightclub Operating Hours

Bill Farmer spoke at 4:28:21 about the need for proof of good neighborliness, requesting a two-month postponement to allow the nightclub to demonstrate improved behavior and prove it can be a good neighbor before extending operating hours.

Diane Lullis agreed with the postponement request at 4:32:06, citing ongoing safety issues and the need for the business to show meaningful changes before being allowed to stay open later.

Robert Putt shared personal experience at 4:48:47, describing being repeatedly woken by noise from the nightclub during the summer. He emphasized the need for accountability and trust-building before extending hours.

Appointments

The following appointments were made during this meeting:

• Kathryn Moore was reappointed to the Board of Adjustment
• Jim Griggs was reappointed to the Board of Adjustment

Contested Items

The October 26, 2012 meeting included three items that generated significant community debate and Board discussion.

C-2012-60 - Extended-Stay Hotel

Neighbors raised substantial concerns about the proposed extended-stay hotel, citing stormwater management, traffic impacts, privacy, and noise as primary issues. In response to this community opposition, the applicant submitted revised plans that included an 8-foot fence and stormwater mitigation measures. These modifications led to a compromise resolution. The Board approved the project with 12 conditions and established a six-month review period to monitor compliance and impacts.

C-2012-55 - Rehabilitation Home

This proposal generated heated discussion among Board members and the community. The central disagreement centered on neighborhood stability, safety concerns, and the appropriate definition and use of a rehabilitation home. Neighbors expressed opposition based on concerns about transient occupancy patterns and potential negative effects on neighborhood revitalization efforts. The intensity of the debate reflected fundamental disagreements about the proposal's compatibility with the area. The Board ultimately denied the application.

C-2012-70 - Nightclub Hours

The proposed change to nightclub operating hours resulted in a split vote among Board members. The applicant characterized the modification as a correction of a legal error in the existing approval. However, neighbors took a more skeptical stance, demanding evidence of improved operational behavior before supporting extended hours. The Board approved the request with conditions attached and scheduled a six-month review period. This outcome reflected an attempt to balance the business's operational needs with community accountability and oversight.

Variance Appeal: 21C Lexington, LLC - Parking Reduction for Boutique Hotel/Art Museum

The Board considered variance request V-2012-75 from 21C Lexington, LLC to reduce required parking from 90 to 45 spaces for a boutique hotel and art museum project in downtown Lexington 13:46.

Presentation and Recommendation

Staff presented the variance request and recommended approval. The recommendation was based on several factors: the urban downtown setting of the proposed development, the availability of existing parking options in the surrounding area, and precedent established by similar properties in the downtown district.

Applicant Position

Craig Greenberg, representing the applicant, affirmed that 21C Lexington, LLC would comply with the conditions attached to the variance approval.

Board Action

The Board approved the variance request. The approval included two conditions that the applicant must satisfy.

The variance allows the boutique hotel and art museum to proceed with 45 parking spaces rather than the standard requirement of 90 spaces, reflecting the Board's determination that the downtown location and available alternative parking resources make the reduced number appropriate for this use.

Conditional Use Revocation Hearing: Southside Pub - Live Entertainment

The Board held a revocation hearing for Southside Pub's conditional use permit related to live entertainment 48:45. The hearing addressed violations of the establishment's permit conditions, including unauthorized outdoor entertainment and Sunday operations.

Key Participants

The hearing included testimony from Bruce Simpson, Rhonda Tiefert, and the Board chair, among others.

Presentation and Evidence

The applicant presented evidence demonstrating compliance with permit requirements and addressed the violations that had prompted the revocation hearing. The applicant also offered an apology for past issues related to permit violations.

Board Decision

The Board voted to approve continuation of the conditional use permit for Southside Pub. Rather than revoking the permit, the Board decided to maintain the permit with conditions in place to ensure future compliance with the established requirements.

Conditional Use Appeal: Cohen Realty, Inc. - Extended-Stay Hotel

The Board reviewed a conditional use permit application (C-2012-60) for an extended-stay hotel with accessory parking 56:57.

Presentation and Concerns

The applicant presented revised plans addressing neighbor concerns. Key issues raised during the review included:

• Stormwater management and drainage
• Traffic impacts and circulation
• Privacy concerns for adjacent properties
• Noise generation

Applicant Response

Cohen Realty, Inc. submitted enhanced plans that included:

• Improved landscaping
• Additional fencing
• Stormwater mitigation measures

Board Discussion

Key speakers in the discussion included Chris Westover, Jeff Stidham, Dave Leonard, Mr. Gallimore, and the Board Chair. The Board carefully considered the revised plans and neighbor feedback before reaching a decision.

Outcome

The Board approved the conditional use permit with 12 conditions attached to the approval. The conditions included a requirement for a six-month review period to monitor the project's performance and ensure compliance with the approval terms.

Conditional Use Appeal: Stanley Gross - Rehabilitation Home

3:12:05

The Board considered a conditional use permit application (C-2012-55) for a sober living rehabilitation facility proposed by Stanley Gross.

Application and Presentation

The applicant presented the facility's role in recovery services and identified a qualified supervisor for the operation.

Concerns Raised

Neighbors expressed multiple concerns about the proposed facility:

• Safety issues
• Parking impacts
• Effects on neighborhood stability

Board Decision

The Board denied the application. The denial was based on concerns regarding:

• Adequacy of supervision at the facility
• Overall impact on the neighborhood

Conditional Use Appeal: Sims Entertainment Group, LLC - Nightclub Hours

The Board reviewed a conditional use appeal from Sims Entertainment Group, LLC requesting an extension of nightclub closing hours from 1:00 a.m. to 2:30 a.m. 4:17:58

Key Speakers and Presentations

The discussion involved Jim Thomerson, Dr. Larry Kopsik, Robert Putt, and the Board Chair. The applicant explained that the requested change in hours resulted from a legal error rather than a functional operational shift at the establishment.

Concerns Raised

Neighbors expressed concerns about the proposed extension, citing potential impacts related to noise and safety issues associated with extended nightclub operations.

Board Decision

The Board approved the conditional use appeal with conditions. The approval included:

• A noise mitigation clause to address neighbor concerns
• A six-month review period to evaluate the impact of the extended hours

The conditional approval allows the Board to reassess the arrangement after six months of operation under the new schedule.