Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment met on July 26, 2013, at 1:30 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky. Barry Stumbo presided over the meeting. The board considered four agenda items and took five votes during the session. One public comment was heard during the meeting.

All four items on the agenda were approved. These included a variance request from Mike Kerwin Homes to reduce the required side yard from 7 feet to 5 feet; a conditional use permit application from Toni E. Schuck to expand a golf driving range; a six-month review of a conditional use permit for live entertainment submitted by David Romero; and a conditional use permit application from Trinity Christian Academy to continue preschool operations.

Attendance

Present: Barry Stumbo, Noel White, Joseph Smith, Janice Meyer, James Griggs, Thomas Glover, Chuck Saylor, Jeff Neal, Jim Marx, Tracy Jones, Jimmy Emmons, Stephanie Cunningham, Robert C. Jones, Toni Schuck, David Romero, Shella Schwartz-Franklin, and Gayle Terry.

Absent: Kathryn Moore.

Late: None.

Votes and Decisions

The board took five votes during this meeting, all of which passed unanimously.

Variance for Residential Addition at 26 Mentelle Park (V-2013-44) 38:54

The board approved a variance to reduce the required side yard from 7 feet to 5 feet for a residential addition. James Griggs moved the approval, seconded by Noel White. All six board members voted in favor: Barry Stumbo, Noel White, Joseph Smith, Janice Meyer, James Griggs, and Thomas Glover. The approval includes conditions requiring the addition to be built according to the submitted site plan, all necessary building permits to be obtained prior to construction, and the structure's use to be limited to no more than 4 bedrooms.

Conditional Use Permit for Golf Driving Range at 4440 Athens-Boonesboro Road (C-2013-42) 40:05

The board approved a conditional use permit to expand a golf driving range with accessory storage buildings. Janice Meyer moved the approval, seconded by Joseph Smith. All six board members voted in favor. The approval includes eight conditions, including requirements that the facility operate only during daylight hours without lighting on the driving range, be limited to no more than 40 tee boxes unless additional parking is documented, comply with storm water and sewage requirements, and restrict the pro shop to incidental retail sales and rentals.

Six-Month Review of Conditional Use Permit for Live Entertainment (C-2012-48) 42:13

The board approved a six-month review of a conditional use permit for live entertainment at a restaurant on Old Harrodsburg Road. Noel White moved the approval, seconded by Janice Meyer. All six board members voted in favor. The approval requires soundproofing to the maximum extent feasible, documentation of sufficient parking, and a board review six months after issuance of a Certificate of Occupancy.

Conditional Use Permit for Preschool at 3900 Rapid Run Drive (C-2013-43) 56:58

The board approved a conditional use permit to continue operation of a preschool accessory to a church. Janice Meyer moved the approval, seconded by Joseph Smith. All six board members voted in favor. The approval requires permits within one month, paved and delineated parking areas, specific lighting design, traffic engineering approval, and preservation of existing tree lines and fencing.

Closed Session Motion 58:37

The board voted unanimously to enter closed session to discuss pending litigation regarding Boone Creek. James Griggs moved the motion, seconded by Noel White. All six board members voted in favor.

Public Comment

45:29

Gayle Terry addressed the meeting with safety concerns regarding the boundary between his residential property and an adjacent church. Mr. Terry reported that the removal of a physical barrier between the two properties has resulted in increased vandalism and security risks. He described specific incidents, including an assault involving a student and instances of objects being thrown over the fence onto his property. In response to these concerns, Mr. Terry requested that permanent fencing be installed to improve security and prevent further incidents along the property line.

Contested Items

Fencing and Safety Concerns at Trinity Christian Academy Property

A resident raised concerns about safety and vandalism issues stemming from the removal of a physical barrier between his property and Trinity Christian Academy church property. The resident reported increased incidents of vandalism and safety risks following the barrier's removal. Specific incidents cited included a student assault and objects being thrown over the fence onto his property.

The resident requested that permanent fencing be installed to restore the physical separation between the two properties and address the safety concerns. This represented a point of contention regarding property boundaries, liability, and the responsibility of the academy to maintain adequate barriers between its facility and adjacent residential properties.

The outcome of this contested item is not specified in the available meeting records.

Mike Kerwin Homes - Variance to reduce required side yard from 7 feet to 5 feet

Case Number: V-2013-44

Type: Variance Appeal

Outcome: Approved

The applicant, Mike Kerwin Homes, requested a variance to reduce the required side yard setback from 7 feet to 5 feet to allow completion of a residential addition 38:23.

Presentation and Discussion

Robert C. Jones and Jimmy Emmons presented the case. Staff recommended approval of the variance based on the identification of special circumstances and hardship that justified the reduction. The analysis indicated that the proposed 2-foot reduction would not result in adverse impacts to neighboring properties or the surrounding area.

Outcome

The variance was approved. No opposition to the request was raised during the meeting.

Toni E. Schuck - Conditional use permit to expand golf driving range

Case Number: C-2013-42

Request: The applicant requested conditional use permit approval to expand an existing golf driving range with the addition of accessory storage buildings.

Staff Recommendation: Staff recommended approval of the expansion. The recommendation was based on findings that the proposed expansion would have no adverse impacts on the surrounding area, that the storage buildings were operationally necessary for the driving range, and that the proposal complied with existing land use controls.

Key Speakers: Toni Schuck and Jimmy Emmons presented on this matter. 39:28

Opposition: No opposition was raised during the hearing.

Outcome: The conditional use permit was approved.

David Romero - 6-month review of conditional use permit for live entertainment

Case Number: C-2012-48

Overview

David Romero requested a 6-month review of a previously approved conditional use permit for live entertainment at a restaurant. 41:10

Key Speakers

• David Romero
• Jimmy Emmons

Staff Report and Recommendation

Staff reported that no complaints had been received regarding the conditional use permit during the review period. Based on this finding, staff recommended that the permit be continued under an annual review schedule rather than the more frequent 6-month review cycle.

Public Input

No opposition was raised during the review process.

Outcome

The conditional use permit for live entertainment was approved, with the review schedule adjusted to annual reviews going forward.

Trinity Christian Academy - Conditional use permit to continue preschool operation

This agenda item (C-2013-43) addressed a conditional use permit application to formalize the operation of a preschool accessory to Trinity Christian Academy church. 43:20

Background and Staff Recommendation

The preschool had operated for approximately 25 years without a formal permit. Staff recommended approval of the conditional use permit to "clean up paperwork" and bring the long-standing operation into compliance with current regulations.

Key Speakers and Positions

The discussion involved several speakers:

• Shella Schwartz-Franklin
• Jimmy Emmons
• Gayle Terry

Concerns Raised

Opposition to the permit was voiced regarding specific operational concerns:

• Safety issues related to preschool operations
• Fencing concerns

Outcome

The conditional use permit was approved, allowing Trinity Christian Academy to continue its preschool operation with formal authorization.