Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on January 25, 2013, at 1:02 p.m. at 200 East Main Street in Lexington, Kentucky, with Barry Stumbo presiding. The board addressed 10 agenda items during the meeting, including administrative reviews, variance appeals, conditional use appeals, and a revocation hearing. The board took 7 motions and votes and heard 4 public comments.

Of the items considered, two administrative reviews were withdrawn. Four variance and conditional use appeals were approved: the variance appeals for Daryl Ray Slusher and Justin Jones, and the conditional use appeals for Steve Head Builder, LLC; Greg Walker / Trace Investments, LLC; George Gilpin; and Pike Spragans. One conditional use appeal for El Puerto Rio Mexican Bar and Grill was postponed. The revocation hearing for Con Robinson Contracting resulted in a revocation.

Attendance

Present: James Griggs, Thomas Glover, Janice Meyer, Joe Smith, Noel White, Barry Stumbo, Jim Gallimore, Chuck Saylor, Jim Marx, Tracy Jones, Jimmy Emmons, Bill Sallee, and Wanda Howard

Absent: Kathryn Moore

Late: None

Votes and Decisions

V-2013-7: Variance for Security Fencing at Green Valley Court and Bay Cedar Cove 35:49

Motion by Mr. Glover, seconded by Ms. White. The board approved a variance to reduce the required side yard from 3 feet to 0 feet to allow security fencing to remain as constructed in a Planned Neighborhood Residential (R-3) zone at 2716 to 2724 Green Valley Court and 2717 to 2725 Bay Cedar Cove. Roll call vote: 5 ayes, 1 nay. Voting in favor: James Griggs, Thomas Glover, Janice Meyer, Joe Smith, and Noel White. Voting against: Barry Stumbo. The approval is conditioned on the fencing remaining where currently located as depicted in the submitted application and site plan, and provided that all six lots remain in common ownership.

V-2013-8: Variance for Off-Street Parking at Springhurst Drive 44:27

Motion by Ms. White, seconded by Ms. Meyer. The board approved a variance to reduce the required front yard from 30 feet to 12 feet to allow off-street parking in a Single Family Residential (R-1C) zone at 682 Springhurst Drive. Roll call vote: 5 ayes, 1 nay. Voting in favor: James Griggs, Thomas Glover, Janice Meyer, Joe Smith, and Noel White. Voting against: Barry Stumbo. The approval includes multiple conditions regarding permits, parking restrictions, and subdivision requirements.

C-2013-1: Conditional Use Permit for Church Addition at Athens-Boonesboro Road 45:59

Motion by Ms. Meyer, seconded by Mr. Griggs. The board unanimously approved a conditional use permit to expand an existing church (addition to Church of Athens parsonage) in the Agricultural Rural (A-R) zone at 6991 Athens-Boonesboro Road. The approval requires development in accordance with the submitted application and site plan, necessary permits from Planning and Building Inspection, and inspection of the septic system by the Fayette County Board of Health.

C-2013-3: Conditional Use Permit for Pumpkin Farm at Haley Road 1:13:44

Motion by Ms. Weyer, seconded by Mr. Glover. The board approved a conditional use permit to establish an outdoor recreational facility (pumpkin farm activities) in the Agricultural Rural (A-R) zone at 3898-4054 Haley Road. Roll call vote: 5 ayes, 1 nay. Voting in favor: James Griggs, Thomas Glover, Janice Meyer, Joe Smith, and Noel White. Voting against: Barry Stumbo. The approval includes nine conditions limiting operations to fall season, restricting ride types, and requiring buffer zones and staff review.

C-2013-4: Conditional Use Permit for Veterinary Clinic Expansion at Armstrong Mill Road 1:15:24

Motion by Mr. Griggs, seconded by Mr. Glover. The board approved a conditional use permit to expand an existing veterinary clinic in an AU zone at 1230 Armstrong Mill Road. Roll call vote: 5 ayes, 0 nays. All members voted in favor: James Griggs, Thomas Glover, Janice Meyer, Joe Smith, and Noel White. The approval includes conditions regarding operating hours, noise barriers, and a required traffic impact study.

C-2013-5: Conditional Use Permit for Home Tool Customization at Ashmore Drive 1:18:15

Motion by Mr. Griggs, seconded by Mr. Glover. The board approved a conditional use permit for a home occupation to customize hand tools in a Single Family Residential (R-1C) zone at 384 Ashmore Drive. Roll call vote: 5 ayes, 0 nays. All members voted in favor: James Griggs, Thomas Glover, Janice Meyer, Joe Smith, and Noel White. The approval includes conditions limiting space to 200 square feet, restricting noise and vibration, limiting employees to two on-site, and prohibiting public demonstrations.

C-90-45: Revocation of Commercial Composting Facility Permit at Georgetown Road 2:43:09

Motion by Mr. Glover, seconded by Mr. Smith. The board approved revocation of the conditional use permit for a commercial composting facility at 4247 Georgetown Road due to failure to comply with imposed conditions. Roll call vote: 5 ayes, 1 nay. Voting in favor: James Griggs, Thomas Glover, Janice Meyer, Joe Smith, and Noel White. Voting against: Barry Stumbo.

Public Comment

Four speakers addressed the board during the public comment period.

El Puerto Rio Mexican Bar and Grill Conditional Use Permit

Susan Griffin, a resident adjacent to the property, opposed the conditional use permit application 1:21:03. She expressed concerns about noise and potential congregating in the alley, citing disturbance of peace in the quiet neighborhood. Ms. Griffin supported the staff's recommendation to disapprove the application.

Con Robinson's Composting Operation

Three speakers addressed concerns about Con Robinson's composting operation and urged the board to revoke the permit.

Don Todd, representing Rimrock Farm, argued that the operation was a front for illegal quarrying and recycling 2:11:13. He described extensive environmental damage and urged the board to revoke the permit and require reclamation.

Bill Wofford detailed severe environmental and structural damage caused by blasting and excavation 2:26:13. He reported cracks in his house and loss of property value resulting from the operation. Mr. Wofford urged the board to revoke the permit and impose penalties.

Knox Van Ogle spoke on behalf of Fayette Alliance 2:36:02. He emphasized irreversible environmental damage to 550-million-year-old limestone and long-term soil loss. Mr. Van Ogle urged the board to revoke the permit and recommend comprehensive reclamation.

Appointments

The following appointments were made during the meeting:

• Barry Stumbo was appointed Chair
• Kathryn Moore was appointed Vice Chair
• James Griggs was appointed Secretary

Contested Items

The January 25, 2013 meeting included two items that generated significant disagreement among board members and public participants.

Revocation of Con Robinson's Composting Permit

This item prompted heated discussion during the hearing. Neighbors and environmental advocates presented intense testimony raising concerns about environmental damage, illegal quarrying activities, and insufficient enforcement of permit conditions. The applicant provided a defense of their operations, but the board ultimately voted to revoke the permit despite these arguments.

Approval of Pumpkin Farm Conditional Use

The board voted on an appeal regarding a pumpkin farm conditional use permit, resulting in a split decision. One board member opposed the approval, citing concerns about unregulated activities associated with the operation and the potential for future expansion beyond the current scope of the permit.

Administrative Review: Clyde Simmons, Jamie Shier, Amy Clark, Sherrri Human, and Karen Bassetti

Identifier: A-2012-62

Overview

The board considered an administrative review request from Clyde Simmons, Jamie Shier, Amy Clark, Sherrri Human, and Karen Bassetti regarding a paving permit in a Single Family Residential zone. 1:35

Discussion

Jimmy Emmons addressed the board regarding the matter. The applicants submitted an email requesting withdrawal of their appeal for the administrative review. Staff confirmed receipt of this withdrawal request.

Outcome

The board acknowledged the withdrawal of the appeal. No further action was taken on this matter, and the agenda item was closed.

Administrative Review: William Kevin Murphy

1:35

Overview

This agenda item concerned an administrative review request submitted by William Kevin Murphy regarding a deck permit in a Two Family Residential/Historic District Overlay zone.

Presentation and Action

Jimmy Emmons addressed the board regarding this matter. The applicant requested withdrawal of his appeal for the administrative review. Staff confirmed receipt of a letter from the applicant requesting withdrawal of the case.

Outcome

The board acknowledged the withdrawal request and took no further action on the matter. The administrative review was withdrawn without proceeding to a full hearing or decision.

Variance Appeal: Daryl Ray Slusher

6:48

The board discussed a variance request from Daryl Ray Slusher to reduce side yard setbacks from 3 feet to 0 feet to allow security fencing to remain in place.

Staff Recommendation

Staff recommended approval of the variance with two conditions: - The fencing must remain in its current location - All six lots must remain in common ownership

Key Speakers and Discussion

The following individuals participated in the discussion: Daryl Ray Slusher, Jimmy Emmons, Bill Sallee, James Griggs, and Thomas Glover.

Concerns Raised

Board members raised concerns about fire access and the potential precedent that approval might set for future variance requests.

Outcome

The board approved the variance appeal with the recommended conditions in place.

Variance Appeal: Justin Jones

The board considered a variance request from Justin Jones to reduce front yard setbacks from 30 feet to 12 feet to allow for off-street parking 36:20.

Staff Recommendation

Staff recommended approval of the variance with four conditions, including permit requirements and parking restrictions.

Key Speakers and Discussion

The variance appeal was discussed by board members including Jimmy Emmons and James Griggs, along with the applicant Justin Jones.

Concerns Raised

Board members raised concerns about the precedent that approving this variance might set. Additionally, the lack of a permit was noted as an issue during the discussion.

Outcome

The board approved the variance appeal with conditions.

Conditional Use Appeal: Steve Head Builder, LLC

The board considered a conditional use permit application from Steve Head Builder, LLC to expand an existing church located in an Agricultural Rural zone. 44:57

Application Details

The proposal involved expansion of the existing church facility within the Agricultural Rural zoning district.

Staff Recommendation

Staff recommended approval of the conditional use permit with three conditions:

• Development conditions related to the expansion project
• Permit requirements for the work
• Septic system inspection requirements

Discussion and Outcome

Steve Head presented the application to the board. No objections were raised during the discussion of this item.

The board approved the conditional use permit as recommended by staff, with the three conditions attached to the approval.

Conditional Use Appeal: Greg Walker / Trace Investments, LLC

46:36

The board considered a conditional use permit application for a seasonal outdoor recreational facility, commonly referred to as a pumpkin farm, proposed for a property in an Agricultural Rural zone.

Presentation and Recommendation

Staff presented a recommendation for approval of the conditional use permit with nine revised conditions. These conditions addressed operational and site-specific requirements for the facility, including buffer zones to protect adjacent properties, limitations on activities permitted at the site, and specifications regarding the location of any roadside stand associated with the operation.

Key Participants

The discussion involved Dick Murphy, Greg Walker (the applicant representing Trace Investments, LLC), and Jimmy Emmons.

Board Action

The board voted to approve the conditional use permit. The approval included modifications to the staff-recommended conditions, allowing the board to tailor the permit requirements to address specific concerns while permitting the seasonal recreational use on the Agricultural Rural zoned property.

The conditional use permit, as approved, establishes the framework under which the pumpkin farm may operate, with the conditions serving to mitigate potential impacts on neighboring properties and ensure compatibility with the surrounding agricultural character of the zone.

Conditional Use Appeal: George Gilpin

1:14:18

The board considered a conditional use appeal for George Gilpin involving the expansion of an existing veterinary clinic located in an AU zone.

Staff Recommendation

Staff recommended approval of the conditional use permit with five conditions designed to address operational impacts:

• Operating hours restrictions
• Noise control measures
• Traffic management requirements
• Additional conditions related to clinic operations

Discussion

Jack Stewart presented the matter to the board.

Concerns and Objections

No objections were raised during the discussion of this agenda item.

Outcome

The board approved the conditional use permit for the veterinary clinic expansion.

Conditional Use Appeal: Pike Spragans

The board considered a conditional use permit application for Pike Spragans to operate a home occupation customizing hand tools in a Single Family Residential zone 1:16:00.

Staff Recommendation

Staff recommended approval of the conditional use permit with four conditions: - Limitation on the space used for the occupation - Noise restrictions - Employee limits - Additional conditions related to the home occupation operation

Outcome

The board approved the conditional use permit. No objections were raised during the discussion.

Conditional Use Appeal: El Puerto Rio Mexican Bar and Grill

1:18:52

The board considered a conditional use appeal for El Puerto Rio Mexican Bar and Grill (C-2013-6). The appeal was postponed due to the applicant's lack of representation at the meeting.

Staff Recommendation

Staff recommended disapproval of the appeal, citing noise concerns and community opposition as primary reasons for the recommendation.

Public Comment

A resident testified in opposition to the appeal, raising concerns about the establishment.

Board Action

The board agreed to postpone the matter until the next meeting to allow for proper applicant representation and further consideration of the appeal.

Key Participants

• Jimmy Emmons
• Susan Griffin

Revocation Hearing: Con Robinson Contracting

2:42:35

The board conducted a revocation hearing for the commercial composting conditional use permit held by Con Robinson Contracting. Staff recommended revocation of the permit based on non-compliance with permit conditions.

Key Issues Presented

The staff's revocation recommendation cited multiple violations: - Excessive grading beyond permitted levels - Use of unauthorized composting methods - Illegal quarrying activities on the permitted site

Testimony and Participation

The hearing included testimony from several parties: - Jim Marks - Conn Robinson - Don Todd - Bill Wofford - Knox Van Ogle

Neighbors and environmental advocates provided testimony during the proceeding, presenting concerns related to the permit violations and site operations.

Board Action

Following the presentation of evidence and testimony, the board voted to revoke the conditional use permit for Con Robinson Contracting's commercial composting operation.