Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on April 26, 2013, at 1:00 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky. Chairman Barry Stumbo presided over the meeting, which included nine agenda items addressing various variance requests, conditional use permits, and administrative matters. The board took eight motions and votes during the session and heard four public comments from attendees.

The meeting addressed a range of land use requests. The board approved variances for Ball Homes, LLC to reduce floodplain setback requirements, for Lexington Habitat for Humanity to reduce street setback, and for Christina K. Razavi to reduce side yard requirements for a fence. The board also approved conditional use permits for Steve Millerd's home occupation, STH Enterprises, LLC's indoor recreational facility, and Holston Gases, Inc.'s propane storage operation. An administrative review for New Republic, LLC's use change was approved. One conditional use request from Chad Dickin for a garden center was withdrawn. Additionally, the board approved an amendment to the meeting start time.

Attendance

The following individuals were present at the meeting on April 26, 2013:

• Barry Stumbo
• Noel White
• Joseph Smith
• Thomas Glover
• James Griggs
• Janice Meyer
• Kathryn Moore
• Chuck Saylor
• Jeff Neal
• Jim Marx
• Tracy Jones
• Jimmy Emmons
• Bill Sallee
• Wanda Howard

No absences or late arrivals were recorded.

Votes and Decisions

The Planning Commission voted unanimously on all matters presented at the April 26, 2013 meeting.

Variance Approvals

V-2013-23: Approval of variance for Ball Homes, LLC to reduce the 25-foot floodplain setback in the EAR-1 zone at 501 Lorenzo Place. Motion by Ms. White, seconded by Ms. Moore. Passed unanimously with all seven members voting in favor: Barry Stumbo, Noel White, Joseph Smith, Thomas Glover, James Griggs, Janice Meyer, and Kathryn Moore. 7:42 The approval requires development to proceed according to the submitted application and site plan, and mandates that all necessary permits be obtained from the Division of Building Inspection before construction.

V-2013-24: Approval of variance for Lexington Habitat for Humanity to reduce the 30-foot street setback to 10 feet in the R-1D zone at 969 Valley Avenue. Motion by Ms. Meyer, seconded by Mr. Glover. Passed unanimously. 12:11 Conditions include obtaining a building permit and establishing a public passageway easement for sidewalk improvements.

V-2013-25: Approval of variance for Christina K. Razavi to reduce the 3-foot side yard to 0 feet for a privacy fence in the R-3 zone at 316 Loblolly Court. Motion by Mr. Griggs, seconded by Mr. Glover. Passed unanimously. 13:47 A fencing permit from the Division of Building Inspection is required prior to construction.

Conditional Use Permits

C-2013-19: Approval of conditional use permit for Steve Millerd to establish a home occupation (leatherworking) in the R-1D zone at 4264 Forsythe Drive. Motion by Mr. Glover, seconded by Ms. Meyer. Passed unanimously. 15:57 The permit limits the operation to the residence, restricts traffic to infrequent deliveries (3-4 times monthly), and prohibits signage.

C-2013-21: Approval of conditional use permit for STH Enterprises, LLC to establish an indoor recreational facility in the B-4 zone at 3025 Blake James Drive. Motion by Ms. Moore, seconded by Mr. Griggs. Passed unanimously. 17:42 Conditions include parking lot design approval by Traffic Engineering and implementation of a stormwater management plan.

C-2013-22: Approval of conditional use permit for Holston Gases, Inc. to store and sell propane gas in the I-1 zone at 600 Blue Sky Parkway. Motion by Mr. Glover, seconded by Ms. White. Passed unanimously. 25:11 The permit limits storage to two tanks and requires security lighting and recording cameras.

Administrative Review

A-2013-20: Approval of administrative review for New Republic, LLC to change nonconforming use from major auto repair to microbrewery in the B-1 zone at 266 Jefferson Street. Motion by Mr. Glover, seconded by Ms. White. Passed unanimously. 1:56:17 Conditions prohibit outdoor storage, bottling or canning on premises, and deliveries on Miller Street, and require security lighting and cameras.

Meeting Schedule Amendment

The Commission voted unanimously to amend the 2013 Meeting and Filing Schedule, moving the meeting start time from 1:00 PM to 1:30 PM beginning with the June meeting. Motion by Mr. Garner, seconded by Mr. Glover. 2:05:44

Public Comment

Four members of the public provided comments on the proposed project.

Steve Bale 1:16:02 asked whether the grain silo remained part of the plan. He noted that the staff report referenced it and requested that it be included in the conditions.

Barbara Hausman-Smith 1:17:03 expressed opposition to the microbrewery use. She raised concerns that the proposed use was not a brew pub and questioned procedural matters regarding the major auto repair use, noting that it was currently only being used for storing cars.

Hank Jones 1:19:51 spoke in support of the project. He shared personal experience with the applicants, praised their operation, and stated that the project would be a positive addition to the revitalized Jefferson Street corridor.

Sam Matheny 1:21:32 raised safety and noise concerns. He expressed worry about noise and safety impacts due to the proximity of the proposed use to residential properties and the narrow alley used for deliveries.

Appointments

The following appointment action was taken during this meeting:

• Wanda Howard resigned from the Urban County Board of Adjustment.

Contested Items

Change of Nonconforming Use from Auto Repair to Microbrewery

A proposal to change a nonconforming use from auto repair to microbrewery generated heated discussion during the meeting. The central disagreement centered on whether the microbrewery operation would constitute a more intense use of the property than the existing auto repair business.

Staff recommended disapproval of the proposal. The applicant, however, offered several concessions in an attempt to address the concerns raised. These concessions specifically targeted three operational areas: outdoor storage, canning operations, and delivery activities. By proposing modifications to how these functions would be managed, the applicant sought to mitigate the intensity concerns that had prompted staff's initial recommendation against the change.

Ball Homes, LLC - Variance to Reduce Floodplain Setback

Identifier: V-2013-23

Overview

The Board considered a variance request from Ball Homes, LLC to reduce the required 25-foot setback from the floodplain to allow construction of a duplex in an EAR-1 zone. 7:42

Key Presentation

Rena Wiseman presented the variance request to the Board.

Staff Recommendation

Staff recommended approval of the variance based on the following factors:

• FEMA's Conditional Letter of Map Revision (CLOMR) supported the request
• The proposal would not create adverse impacts
• The applicant demonstrated hardship due to delayed approval of the Letter of Map Revision (LOMR)

Outcome

The Board approved the variance for Ball Homes, LLC to reduce the floodplain setback requirement, allowing the duplex construction to proceed in the EAR-1 zone.

Lexington Habitat for Humanity - Variance to Reduce Street Setback

Case Number: V-2013-24

Outcome: Approved

12:11

The Board considered a variance request to reduce the required 30-foot side yard setback to 10 feet for a single-family residence in an R-1D zone being developed by Lexington Habitat for Humanity.

Presentation

Kevin Phillips presented the variance request to the Board. Staff recommended approval of the variance based on several factors:

• Lot width constraints that made the standard 30-foot setback impractical
• Compatibility with existing neighborhood patterns
• Absence of willful violation in the request

Board Action

The Board approved the variance as recommended by staff, allowing the reduced 10-foot side yard setback for the proposed single-family residence.

Christina K. Razavi - Variance to Reduce Side Yard for Fence

Identifier: V-2013-25

Request: Christina K. Razavi requested a variance to reduce the required side yard setback from 3 feet to 0 feet for a privacy fence located in an R-3 zone.

Staff Recommendation: Staff recommended approval of the variance, citing the unique lot configuration and minimal impact on neighboring properties as justification for the reduction.

Outcome: The Board approved the variance 13:47.

Chad Dickin - Conditional Use for Garden Center

Identifier: C-2013-13

Applicant: Chad Dickin

Request: Conditional use for a garden center

Outcome: Withdrawn

5:32

Chad Dickin voluntarily withdrew his appeal for a conditional use permit to operate a garden center. The withdrawal was based on the applicant's determination that the proposed project did not comply with applicable zoning requirements.

Compliance Issues:

The application failed to meet the following standards:

• Lot size requirements
• Parking standards

No formal vote was taken on this matter, as the applicant chose to withdraw the request prior to a decision by the board.

Steve Millerd - Conditional Use for Home Occupation

Case Number: C-2013-19

Applicant: Steve Millerd

Request: Conditional use permit for a home occupation (leatherworking) in an R-1D zone

Staff Recommendation: Approval

Board Decision: Approved

15:57

Staff recommended approval of the conditional use permit based on the minimal impact of the proposed home occupation. The leatherworking business was determined to comply with home occupation regulations and would generate low traffic to the residential property. The nature of the work—leatherworking conducted on-site—was assessed as compatible with the R-1D zoning designation and would not create significant disruption to the surrounding neighborhood.

The Board approved the conditional use permit for Steve Millerd's home-based leatherworking operation.

STH Enterprises, LLC - Conditional Use for Indoor Recreational Facility

Case Number: C-2013-21

Proposal: The Board considered a conditional use permit application for an indoor recreational facility to be located in a B-4 zone.

Presentation: Steve Hatton presented on this agenda item 17:42.

Staff Recommendation: Staff recommended approval of the conditional use permit, citing compatible surrounding uses and adequate infrastructure to support the proposed facility.

Board Action: The Board approved the conditional use permit for STH Enterprises, LLC to operate an indoor recreational facility in the B-4 zone.

Holston Gases, Inc. - Conditional Use for Propane Storage

Case Number: C-2013-22

The Board considered a conditional use permit application for propane storage operations by Holston Gases, Inc. in an I-1 industrial zone 18:14.

Presentation and Recommendation

Staff recommended approval of the conditional use permit, citing the safe location of the proposed facility and its compliance with applicable fire safety standards. The recommendation was based on the applicant's ability to meet zoning requirements for propane storage in an industrial district.

Key Conditions

The approval included conditions requiring the applicant to implement: - Security lighting - Security cameras

These conditions were added to ensure ongoing safety and monitoring of the propane storage facility.

Outcome

The Board approved the conditional use permit for Holston Gases, Inc. to operate propane storage in the I-1 zone, subject to the specified conditions regarding security lighting and cameras.

New Republic, LLC - Administrative Review for Use Change

The Board reviewed an administrative request from New Republic, LLC to change a nonconforming use in a B-1 zone from major auto repair to a microbrewery 1:56:17.

Key Speaker Dick Murphy presented on this matter.

Proposal and Concessions The applicant sought approval to convert the existing use from major auto repair operations to a microbrewery. To address potential concerns, the applicant agreed to the following concessions:

• Eliminate outdoor storage
• Eliminate canning operations
• Eliminate deliveries via Miller Street

Board Action The Board approved the administrative review. The Board accepted the applicant's concessions as conditions of the approval, which addressed the use change within the B-1 zoning district.

Amend Meeting Start Time

The Board considered a motion to amend the meeting schedule to accommodate scheduling needs. Mr. Garner presented this agenda item, which proposed changing the meeting start time to 1:30 PM beginning with the June meeting 2:05:44.

The Board approved the motion to implement this change to the meeting start time.