Board of Adjustment Meeting

Summary

Meeting Overview

The Board of Adjustment met on June 28, 2013, at 1:30 p.m. in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Barry Stumbo presiding. The board considered seven agenda items and took eight votes during the meeting. The board heard four public comments and approved all seven matters brought before it.

The approved items included five variance requests: Michael D. Childers' request to reduce a side yard from 8 feet to 2.1 feet; Anna Deer Thakur's variances to reduce front and side yards for a replacement residence; Lexington Habitat for Humanity's variance to allow front yard parking; Churchill McGee's variance to reduce front yard for two buildings; and Anderson Communities' variance to lower wall sign height. The board also approved a conditional use permit for Baker Iron and Metal to operate an automobile wrecking facility and approved enforcement of a Notice of Violation at 8291 Old Richmond Road.

Attendance

Present: Barry Stumbo, Noel White, Kathryn Moore, Joseph Smith, James Griggs, Thomas Glover, Chuck Saylor, Jeff Neal, Jim Marx, Tracy Jones, Mike Sanner, Jimmy Emmons, Bill Sallee, Denice Bullock, Michael D. Childers, Anna Deer Thakur, Rachael Smith Childress, John McClelland, Sharon Woorum, Andrew Moore, and John Walters.

Absent: Janice Meyer.

Late: None.

Votes and Decisions

The Board of Adjustment held eight votes during this meeting, all of which passed unanimously with no opposing votes or abstentions.

Variance Approvals

V-2013-31: Approval of a variance to reduce the required side yard from 8 feet to 2.1 feet for a detached garage at 435 Henry Clay Boulevard. Motion by Kathryn Moore, seconded by Thomas Glover. All six board members voted in favor: Barry Stumbo, Noel White, Kathryn Moore, Joseph Smith, James Griggs, and Thomas Glover. A building permit from the Division of Building Inspection must be obtained prior to construction. 7:54

V-2013-37: Approval of variances to reduce the front yard from 20 feet to 8.4 feet and side yards from 4.1 feet to 3 feet for a replacement residence at 146 Colfax Street. Motion by James Griggs, seconded by Thomas Glover. All six members voted in favor. The dwelling must be constructed according to the submitted application and site plan, with demolition and building permits obtained prior to construction. 9:00

V-2013-38: Approval of a variance to reduce the required front yard from 20 feet to 0 feet to allow front yard parking at 631 Breckenridge Street. Motion by Noel White, seconded by Thomas Glover. All six members voted in favor. Conditions include obtaining applicable permits, constructing the driveway from durable and dustless material, ensuring vehicles do not obstruct the public sidewalk, and obtaining approval of an administrative action minor subdivision plat from the Division of Planning. 14:04

V-2013-39: Approval of a variance to reduce the required front yard from 20 feet to 10 feet for two buildings at 1317 & 1325 West Main Street. Motion by Noel White, seconded by James Griggs. All six members voted in favor. Development must comply with the submitted site plan and application, with zoning compliance and building permits obtained prior to construction. 15:42

V-2013-40: Approval of a variance to allow a wall sign at 18 feet instead of the required 50 feet at 120 East Main Street. Motion by Kathryn Moore, seconded by Thomas Glover. All six members voted in favor. The sign must be installed per the submitted application and building elevation, with a sign permit obtained prior to installation. Further structural changes require approval from the Courthouse Area Design Review Board. 18:57

Conditional Use Permit

C-2013-36: Approval of a conditional use permit for an automobile wrecking facility at 1550–1558 Old Frankfort Pike. Motion by Thomas Glover, seconded by Noel White. All six members voted in favor. The facility may dismantle and crush cars but cannot include a car shredder without an amended application approval. 22:11

Administrative Actions

A motion to direct the Division of Planning not to accept a conditional use application for property at 8291 Old Richmond Road and to direct the Department of Law not to agree to an advance of a 2012 Board of Adjustment decision appeal passed unanimously. Motion by Thomas Glover, seconded by James Griggs. 1:16:49

A motion to authorize legal counsel to pursue an injunction against Boone Creek Properties, LLC, to enforce a notice of violation passed unanimously. Motion by James Griggs, seconded by Noel White. 1:56:03

Public Comment

Four speakers provided comments during the meeting:

Mr. Hamilton 10:11 submitted a letter opposing a variance for Lexington Habitat for Humanity. He initially referenced 631 Jackson Street but clarified his concern was actually regarding 631 Breckenridge Street. Staff confirmed the correct address and noted that the concern was resolved.

Mr. Griggs 11:50 raised questions about the driveway requirements for the Lexington Habitat for Humanity project. He asked whether the driveway could be non-permanent or constructed using stone pavers. Staff clarified that the apron must be permanent and concrete, though the surface could be pavers if approved.

Andrew Moore 16:45 sought clarification regarding signage for Anderson Communities. He requested confirmation that the sign's wording could be changed as long as the lettering size remained within ordinance limits. Staff confirmed there was no restriction on the sign's verbiage.

Mr. Griggs 1:42:06 also addressed concerns about enforcement of a violation at 8291 Old Richmond Road. He asked whether a revocation hearing should be considered given the long history of violations at the property. Staff noted a lack of documented adverse impacts compared to past cases.

Contested Items

Enforcement of Violation at 8291 Old Richmond Road

The Board engaged in heated discussion regarding enforcement action at 8291 Old Richmond Road. The central disagreement concerned which enforcement approach to pursue: an injunction, revocation, or holding the matter in abeyance. Board members debated whether documented adverse impacts at the property were sufficient to justify revocation. Staff noted that the available evidence was lacking compared to similar cases handled in the past, which complicated the Board's decision-making process regarding the appropriate level of enforcement action.

Driveway Permanence and Surface for Lexington Habitat for Humanity

A split vote occurred over driveway specifications for a Lexington Habitat for Humanity project. A Board member questioned whether the driveway could be constructed as non-permanent or utilize stone pavers as the surface material. Staff clarified the requirements, explaining that while the apron must be permanent and concrete, the surface itself could be constructed with pavers if approved by the Board. This distinction between the structural base and surface material was central to resolving the disagreement.

Michael D. Childers - Variance to reduce side yard from 8 feet to 2.1 feet

Case Number: V-2013-31

Request: Michael D. Childers sought a variance to reduce the required side yard setback from 8 feet to 2.1 feet in order to construct a detached garage on a single-family residential property. 7:22

Staff Recommendation: Staff recommended approval of the variance. The recommendation was based on several factors, including the historical development patterns of the area, compatibility with the surrounding neighborhood, and the determination that no willful violation had occurred.

Outcome: The variance was approved.

Public Opposition: No opposition was raised during the hearing.

Anna Deer Thakur - Variances to reduce front and side yards for replacement resi

Case Number: V-2013-37

Applicant: Anna Deer Thakur

Request: Variances to reduce front and side yard setbacks for a replacement single-family residence on a narrow infill lot.

Discussion: 8:30

Anna Deer Thakur requested approval for variances that would allow reduced setbacks from the standard requirements for front and side yards. The proposal involved replacing an existing single-family residence on a lot characterized as narrow and located within an infill area.

Staff analysis supported the variance request based on several factors:

• The lot size constraints made strict compliance with standard setback requirements impractical
• An existing non-conforming structure was already present on the property
• The applicant would not face undue hardship from strict compliance with setback regulations

Outcome: Approved

The variance request was approved, allowing the applicant to proceed with the replacement residence using the reduced setback dimensions.

Lexington Habitat for Humanity - Variance to allow front yard parking

Identifier: V-2013-38

Lexington Habitat for Humanity requested a variance to allow front yard parking for a handicapped individual. 9:36

Staff Recommendation and Rationale

Staff recommended approval of the variance based on several factors: the wide right-of-way in the area, safety concerns, and the hardship that would result from removing a temporary driveway currently in use.

Key Discussion Points

The discussion between Rachael Smith Childress and John McClelland included consideration of the driveway material and the permanence of the proposed parking arrangement. These details were examined as part of the variance review process.

Outcome

The variance was approved.

Churchill McGee - Variance to reduce front yard for two buildings

Case Number: V-2013-39

Outcome: Approved

Sharon Woorum presented this variance request, which sought to reduce the front yard setback for two buildings in a strip center to align with adjacent structures 15:12.

Project Details

The applicant requested a variance to reduce front yard requirements for two buildings within a strip center development. The proposal aimed to align the front yards of these buildings with existing adjacent buildings in the center.

Staff Recommendation

Staff recommended approval of the variance based on two key factors:

• The unique parking layout of the strip center created a hardship that made strict adherence to standard setback requirements impractical
• The reduced setback would create visual and functional consistency with adjacent buildings already established in the center

Approval

The variance was approved as presented.

Anderson Communities - Variance to lower wall sign height

Identifier: V-2013-40

Request: Anderson Communities requested a variance to lower the wall sign height to improve architectural compatibility with an adjacent building.

Presentation: Andrew Moore presented this agenda item 16:13.

Staff Recommendation: Staff recommended approval of the variance. The recommendation was based on two key factors: the unique building design of the project and the potential for light pollution issues that could result from strict compliance with standard sign height requirements.

Outcome: The variance was approved.

Baker Iron and Metal - Conditional use permit for automobile wrecking facility

Agenda Item: C-2013-36

Baker Iron and Metal requested a conditional use permit to operate an automobile wrecking facility in a heavy industrial zone. 19:38

Presentation and Recommendation

John Walters presented the proposal to the board. Staff recommended approval of the conditional use permit based on two primary factors: the proposed facility's distance from residential areas and the availability of public services to support the operation.

Outcome

The conditional use permit was approved.

Enforcement of Notice of Violation at 8291 Old Richmond Road

1:18:13

The Board discussed enforcement options following its decision to uphold a notice of violation at 8291 Old Richmond Road. The discussion involved Tracy Jones, Jimmy Emmons, Chris King, James Griggs, and Thomas Glover.

The Board considered multiple enforcement approaches:

• Civil penalties
• Referral to the county attorney
• Pursuit of an injunction
• Revocation of conditional use
• Holding the matter in abeyance

After deliberating on these options, the Board authorized legal counsel to pursue an injunction as the enforcement mechanism for the violation.

The outcome was approved.