Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on February 22, 2013, at 1:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky. Barry Stumbo presided over the meeting, which included five agenda items addressing zoning appeals and administrative matters. The board took four motions and votes during the session and heard one public comment.

Of the three substantive appeals before the board, one was withdrawn and two were approved. The El Potrillo Mexican Bar & Grill's conditional use appeal was withdrawn. The board approved a variance appeal from Ball Homes, LLC and a conditional use appeal from R.F.I. Properties, LLC. The board also approved the consent agenda item for approval of minutes. Additionally, staff presented an informational item regarding House Bill 55 training opportunity.

Attendance

Present: Barry Stumbo, Janice Meyer, James Griggs, Joseph Smith, Kathryn Moore, Thomas Glover, Jim Gallimore, Chuck Saylor, Jim Marx, Mike Sanner, Jimmy Emmons, Bill Sallee, and Wanda Howard.

Absent: Noel White.

Late: None.

Votes and Decisions

Approval of Minutes from October 26, 2012 7:11

Motion by Janice Meyer, seconded by Kathryn Moore. The minutes were approved unanimously with all six members voting in favor: Barry Stumbo, Janice Meyer, James Griggs, Joseph Smith, Kathryn Moore, and Thomas Glover.

Approval of Minutes from July 20, 2012 7:45

Motion by James Griggs, seconded by Janice Meyer. The minutes were approved unanimously with all six members voting in favor: Barry Stumbo, Janice Meyer, James Griggs, Joseph Smith, Kathryn Moore, and Thomas Glover.

V-2013-11: Ball Homes, LLC Variance 4:54

Motion by Kathryn Moore, seconded by Thomas Glover. The variance request to reduce the 25-foot floodplain setback to 13 feet on Castlebridge Lane was approved unanimously with all six members voting in favor: Barry Stumbo, Janice Meyer, James Griggs, Joseph Smith, Kathryn Moore, and Thomas Glover.

The approval is conditioned upon: - Development of the subject property occurring in accordance with the submitted application and site plan, or as amended by the Planning Commission - Obtaining all necessary permits from the Division of Building Inspection and any other applicable Division of the Urban County Government prior to any construction activity on the subject site

C-2013-9: R.F.I. Properties, LLC Conditional Use Permit 6:34

Motion by Janice Meyer, seconded by James Griggs. The conditional use permit for an indoor fitness facility in the Light Industrial (I-1) zone at 2426 Palumbo Drive was approved unanimously with all six members voting in favor: Barry Stumbo, Janice Meyer, James Griggs, Joseph Smith, Kathryn Moore, and Thomas Glover.

The approval is conditioned upon: - The proposed athletic club facility (private gym) being operated in accordance with the submitted application and site plan - The applicant obtaining a Zoning Compliance Permit and Certificate of Occupancy from the Divisions of Planning and Building Inspection prior to operating an athletic club facility at this location

Public Comment

Janice Meyer addressed the meeting regarding training opportunities related to House Bill 55. 9:01 She inquired whether staff training sessions could be accessed through DVD recordings as an alternative to attending sessions in person. She was informed that recordings of the training sessions are available. Barbara Rackers was identified as the contact person for scheduling viewings of these recordings.

El Potrillo Mexican Bar & Grill - Conditional Use Appeal

Agenda Item: C-2013-6

The Board considered an appeal for a conditional use permit that would have allowed El Potrillo Mexican Bar & Grill to offer live entertainment and dancing within a Neighborhood Business (B-1) zoned area.

Outcome

The applicant withdrew the appeal via email on February 2nd. The Board accepted the withdrawal without taking further action on the matter. 2:40

Ball Homes, LLC - Variance Appeal

Identifier: V-2013-11

The Board considered a variance request from Ball Homes, LLC to reduce the required floodplain setback from 25 feet to 13 feet for a duplex project on Castlebridge Lane 3:45.

Presentation and Recommendation

Staff presented the variance request and recommended approval. The recommendation was based on several factors:

• FEMA's Conditional Letter of Map Revision (CLOMR) supporting the proposal
• No identified adverse impact from the reduced setback
• Hardship circumstances created by delayed issuance of the final Letter of Map Revision (LOMR)

Key Speakers

The discussion involved Rena Wiseman, Rory Kahly, and Jimmy Emmons.

Outcome

The Board approved the variance request, allowing Ball Homes, LLC to reduce the floodplain setback to 13 feet for the Castlebridge Lane duplex project. No opposition was raised during the discussion.

R.F.I. Properties, LLC - Conditional Use Appeal

Identifier: C-2013-9

The Board considered a conditional use appeal for R.F.I. Properties, LLC regarding an indoor fitness facility proposed in a Light Industrial (I-1) zone.

Presentation and Recommendation

Staff recommended approval of the conditional use permit, citing minimal anticipated neighborhood impact and appropriate operating hours for the proposed facility. The applicant, represented by key speakers Myke Robbins and Jimmy Emmons, presented the proposal to the Board.

Applicant Position

The applicant agreed to the conditions imposed by staff as part of the conditional use permit approval process.

Public Input

No opposition to the proposal was raised during the meeting.

Outcome

The Board approved the conditional use permit for R.F.I. Properties, LLC to operate an indoor fitness facility in the Light Industrial (I-1) zone. 4:24

Consent Agenda: Approval of Minutes

7:11

The Board unanimously approved the minutes from the July 20, 2012 and October 26, 2012 meetings without discussion. Barry Stumbo presented this item to the Board.

No concerns were raised during the consideration of these minutes, and the approval was completed without debate.

Staff Item: House Bill 55 Training Opportunity

Jimmy Emmons presented information about an upcoming training opportunity related to House Bill 55. 9:33

Training Details

Staff announced an upcoming American Planning Association (APA) lecture scheduled for March 13. The lecture, titled "Environmental Systems, Assessment and Carrying Capacity," will offer 1.5 training credits to attendees.

Recording Availability

Recordings of the training will be available for viewing upon request, allowing staff members who cannot attend the live session to access the content at a later time.

Outcome

This item was presented for informational purposes.