Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on March 29, 2013, at 1:02 p.m. in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Vice-Chair Kathryn Moore presiding. The board considered eight agenda items, including variance appeals and conditional use requests from property owners and businesses throughout the Lexington area. The board took 10 motions and votes during the meeting and heard 5 public comments. Seven of the eight agenda items were approved, while one item—a conditional use appeal for a garden center and plant nursery at 3280 Clays Mill Road—was postponed. The approved items included variance requests to reduce setback requirements for residential properties, a parking variance for a commercial property, a conditional use review for a home tutoring business, an assisted living facility proposal with a floodplain setback variance, a pawn shop conditional use request, and a home occupation approval for hedgehog breeding.

Attendance

Present: Kathryn Moore, Noel White, Joseph Smith, Janice Meyer, James Griggs, Thomas Glover, Chuck Saylor, Jeff Neal, Jim Marx, Tracy Jones, Mike Sanner, Jimmy Emmons, Bill Sallee, and Wanda Howard

Absent: Barry Stumbo

Late: None

Votes and Decisions

Approval of Minutes 6:08 The Board unanimously approved minutes from the January 25, 2013 and February 22, 2013 meetings. Motion by Mr. Griggs, seconded by Ms. White.

C-2013-13: Postponement of Conditional Use Permit Appeal 7:48 The Board unanimously postponed Chad Dickin's appeal for a conditional use permit to establish a garden center at 3280 Clays Mill Road. Motion by Ms. Meyer, seconded by Mr. Glover.

V-2013-16: Variance for Side Yard Setback 11:36 The Board unanimously approved a variance for James J. & Sara S. Maggard to reduce the side yard setback from 8 feet to 1.5 feet at 114 Barberry Lane. Motion by Ms. White, seconded by Ms. Meyer. The approval requires all applicable permits, including a Certificate of Appropriateness from the Historic Preservation office and a Building Permit, to be obtained prior to construction.

V-2013-17: Parking Variances 12:43 The Board unanimously approved variances for Xincai Dong to reduce parking spaces by 50% and increase parking distance to 1,100 feet at 289 South Limestone. Motion by Ms. Meyer, seconded by Mr. Glover. The applicant must provide documentation of a renewable parking agreement for at least 8 parking spaces and obtain a Zoning Compliance Permit and Certificate of Occupancy prior to restaurant operation.

V-2013-18: Pool Setback Variance 14:16 The Board unanimously approved a variance for Amina Shalash to reduce the setback for an in-ground pool from 30 feet to 20 feet at 1929 Long Pond Walk. Motion by Ms. White, seconded by Mr. Glover. Construction must comply with the submitted application and site plan, with all necessary permits obtained from the Division of Building Inspection and Fayette County Health Department.

C-2012-47: Home Occupation Review 16:17 The Board unanimously approved the 6-month review for Nadia Ali Benali's home occupation tutoring conditional use permit at 368 Shoreside Drive. Motion by Mr. Griggs, seconded by Mr. Glover.

CV-2013-15: Assisted Living Facility 24:01 The Board unanimously approved a conditional use permit for an assisted living facility and a variance to reduce floodplain setback from 25 feet to 10 feet at 2141 Executive Drive. Motion by Mr. Glover, seconded by Ms. White. Multiple conditions apply, including final development plan approval, parking lot requirements, and storm water management compliance.

C-2013-14: Pawn Shop Conditional Use Permit 29:02 The Board unanimously approved a conditional use permit for a pawn shop at 1206 East New Circle Road with modified conditions prohibiting vehicle storage and pawning on site. Motion by Mr. Griggs, seconded by Mr. Glover.

AC-2013-12: Hedgehog Breeding Home Occupation 1:04:25 The Board unanimously approved an administrative review and conditional use permit for breeding and raising hedgehogs as a home occupation at 1589 Springfield Drive. Motion by Madam Chair, seconded by Mr. Glover. Conditions include compliance with the federal Animal Welfare Act and USDA certification requirements.

Fayette Circuit Court Case Authorization 2:32:11 The Board approved authorization for the Department of Law to enter into an agreed order in Fayette Circuit Court Case No. 12, CI-3113 to extend the revocation date of a conditional use permit at 824 Winchester Road by 120 days. Motion by Madam Chair, seconded by Mr. Glover. Vote by roll call: 4 ayes, 2 nays. Voting in favor: Kathryn Moore, Noel White, Joseph Smith, and Janice Meyer. Voting against: James Griggs and Thomas Glover.

Public Comment

Five speakers addressed the board during the public comment period on March 29, 2013.

Assisted Living Facility Operation

Mr. Tom Hatfield, representing Universal Homes, spoke at 18:33 regarding an assisted living facility. He confirmed that the 15-unit facility would operate with a maximum of two employees during the day, which he stated is sufficient for the operation. Mr. Hatfield noted that the facility is regulated by the state and subject to biannual inspections.

Pawn Shop Vehicle Storage

Mr. Brian Crowder addressed the board at 25:05 regarding vehicle storage for a pawn shop operation. He requested permission to store pawned vehicles off-site with customer consent. This request was accommodated through an amendment to the conditions that prohibits on-site storage.

Hedgehog Breeding Operation

Ms. Susan Richie spoke at 30:13 about her hedgehog breeding operation. She explained that the operation is conducted indoors in clean conditions and is regulated by the USDA. Ms. Richie stated that the operation produces no odor or noise concerns and noted that hedgehogs are hypoallergenic and cannot survive outdoors.

Mr. Gary Ritchie addressed the board at 56:05, emphasizing that his family is committed to compliance with all regulations. He described the operation as clean and well-managed, and noted strong support from the USDA.

Precedent and Evaluation Standards

Staff commentary at 37:36, attributed to Mr. Jimmy Emmons, clarified that the hedgehog operation is distinct from commercial kennels due to its indoor, quiet, and small-scale characteristics. Staff noted that future applications for similar operations would be evaluated on a case-by-case basis rather than establishing a blanket precedent.

Contested Items

Hedgehog Breeding as Home Occupation

The Board engaged in a heated discussion regarding an application to permit hedgehog breeding as a home occupation. The primary concern centered on whether approving this application would establish a precedent for other animal breeding operations in the community.

Board members raised several objections during the debate:

• Potential precedent-setting implications for future animal breeding applications
• Animal welfare considerations
• Community impact concerns

Despite the contentious nature of the discussion, the Board ultimately approved the application. However, the approval was conditional, with the Board imposing strong conditions on the operation to address the raised concerns and limit the scope of the approval.

Variance Appeal: James J. & Sara S. Maggard - Reduce side yard setback from 8 ft

Case Number: V-2013-16

Property: 114 Barberry Lane

Request: The Board considered a variance application to reduce the required side yard setback from 8 feet to 1.5 feet to allow expansion of an existing garage.

Key Speaker: James Maggard

Staff Recommendation: Staff recommended approval of the variance. The recommendation was based on several factors: the garage's long-standing presence on the property, the historical layout of the structure, and the hardship that would result from requiring relocation of the existing garage.

Applicant Agreement: James Maggard agreed to a condition requiring that all necessary permits be obtained before construction could begin.

Board Action: The Board approved the variance request 11:04.

The approval allows the Maggards to proceed with their garage expansion project while maintaining compliance with the permitting process through the condition imposed by the Board.

Variance Appeal: Xincai Dong - Reduce parking spaces by 50% and increase parking distance to 1,100 ft at 289 South Limestone

12:43

The Board considered a variance request for a downtown restaurant located at 289 South Limestone. The applicant, Xincai Dong, sought approval to reduce parking space requirements by 50% and increase the allowable distance to parking facilities to 1,100 feet.

Staff Presentation and Rationale

Staff supported the variance request, citing several factors that justified the reduced parking requirements:

• High foot traffic in the downtown location
• Pedestrian-friendly environment of the area
• Existing access to parking facilities within the expanded distance

Applicant Commitments

As part of the approval, Xincai Dong agreed to:

• Provide a renewable parking agreement
• Obtain all necessary permits

Outcome

The Board approved the variance request, allowing the restaurant to proceed with the reduced parking space requirement and the increased distance to parking of 1,100 feet.

Variance Appeal: Amina Shalash - Reduce 30-ft setback to 20 ft for in-ground pool

14:16

The Board considered a variance request from Amina Shalash to reduce the required setback from 30 feet to 20 feet for an in-ground pool at 1929 Long Pond Walk (Case V-2013-18).

Presentation and Staff Analysis

Staff reviewed the proposal and found no adverse impact to the surrounding area. The analysis noted that screening and the small size of the rear yard supported approval of the reduced setback requirement.

Applicant Agreement

Amina Shalash agreed to obtain the necessary permits and to file an administrative action plat as conditions of the variance approval.

Board Decision

The Board approved the variance request, allowing the in-ground pool to be constructed with a 20-foot setback instead of the standard 30-foot requirement.

Conditional Use Appeal: Nadia Ali Benali - 6-month review of home occupation (tutoring)

Case Number: C-2012-47

Property: 368 Shoreside Drive

Overview

The Board reviewed a conditional use permit for a home occupation involving tutoring services at 368 Shoreside Drive. This was a 6-month review of the previously approved home occupation.

Key Findings

Staff confirmed compliance with the conditional use permit conditions. No complaints had been received regarding the tutoring operation during the review period.

Applicant Status

The applicant, Nadia Ali Benali, was absent from the meeting due to vacation.

Board Action

The Board approved the continuation of the home occupation conditional use permit 15:23. Jimmy Emmons was the key speaker on this agenda item.

Outcome

The conditional use permit for the home tutoring occupation was approved to continue.

Conditional Use & Variance Appeal: Universal Homes of KY - Assisted living facility

Project Details

The Board considered a conditional use permit and variance appeal for Universal Homes of Kentucky to develop an assisted living facility at 2141 Executive Drive. The application included a request to reduce the floodplain setback requirement from 25 feet to 10 feet.

Key Speakers and Presentation

Tom Hatfield and David Denham presented information regarding the project 18:00.

Staff Analysis

Staff cited the facility's appropriate location for the proposed use and noted that floodplain improvements had been completed on the site.

Applicant Commitments

The applicant agreed to all conditions imposed by the Board, including: - Stormwater management requirements - Final development plan approval

Outcome

The Board approved both the conditional use permit for the assisted living facility and the variance to reduce the floodplain setback from 25 feet to 10 feet.

Conditional Use Appeal: Brian K. Crowder - Pawn shop at 1206 East New Circle Road

24:31

The Board considered a conditional use permit application for a pawn shop to be located at 1206 East New Circle Road, submitted by applicant Brian Crowder.

Key Presentation

Staff confirmed that adequate parking was available for the proposed use and that the application would have no adverse neighborhood impact.

Applicant Request

Brian Crowder requested a modification to the conditional use permit conditions. Specifically, he requested permission for off-site storage of pawned vehicles rather than storing them on the property itself.

Board Action

The Board approved the conditional use permit with a modified condition that prohibits the storage of pawned vehicles on-site. The applicant's request for off-site vehicle storage was accommodated as part of the approval.

Outcome

The application was approved.

Administrative Review & Conditional Use Appeal: Susan Richie - Breeding hedgehogs

30:13

The Board considered an administrative review and conditional use permit application for Susan Richie to operate a hedgehog breeding business as a home occupation at 1589 Springfield Drive.

Application Details

The staff analysis determined that the proposed hedgehog breeding operation was distinct from commercial kennels due to its indoor, quiet, and small-scale nature. This distinction was central to the staff's recommendation and the Board's consideration of the application.

Key Speakers

Susan Richie and Gary Ritchie presented on behalf of the application.

Conditions and Compliance

The applicant agreed to all conditions imposed by the Board, including:

• USDA compliance requirements
• Veterinary care standards

Outcome

The Board approved the administrative review and conditional use permit for breeding hedgehogs as a home occupation at the Springfield Drive location.

Conditional Use Appeal: Chad Dicken - Garden center and plant nursery at 3280 Clays Mill Road

Case Number: C-2013-13

Applicant: Chad Dicken

Proposal: Garden center and plant nursery at 3280 Clays Mill Road

Outcome: The appeal was postponed to April 26, 2013.

Key Issues:

Staff recommended disapproval of the conditional use application based on the applicant's failure to meet three requirements:

• Size requirements
• Parking requirements
• Co-location requirements

Discussion:

The applicant, Chad Dicken, was present during the discussion. The postponement was granted to allow the applicant additional time to address concerns raised by the neighborhood association and staff regarding the proposed project.

Next Steps:

The appeal will be reconsidered at the April 26, 2013 meeting, at which time the applicant is expected to present responses to the identified deficiencies in the application.