Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment Planning Services Section met on August 23, 2013, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Chairman Barry Stumbo presiding. The board considered six agenda items, taking six motions and votes during the meeting while hearing three public comments.

The board approved four of the six items under consideration. These included a variance appeal for Charles Pope, two conditional use appeals for the YMCA of Central Kentucky, and two administrative reviews for Steven Fount House and Mary Beth Thompson. The board denied one conditional use appeal for Trailblazer. The meeting addressed a mix of variance requests, conditional use permits, and administrative reviews related to zoning and land use matters in the Urban County area.

Attendance

The following individuals were present at the meeting on August 23, 2013:

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

No absences or late arrivals were recorded.

Votes and Decisions

V-2013-50: Variance for Charles Pope Property 8:48 The Board approved two variances for Charles Pope to reduce the front yard from 50 feet to 26 feet and the side yard from 25 feet to 0 feet in the A-R zone at 290 Carterbrook Lane. Motion by Ms. White, seconded by Mr. Glover. The vote was unanimous with all seven board members voting in favor: Barry Stumbo, Noel White, Joseph Smith, Janice Meyer, James Griggs, Thomas Glover, and Kathryn Moore. The approval includes conditions that the property be developed according to the submitted site plan and application, and that a building permit be obtained from the Division of Building Inspection prior to construction.

C-2013-49: YMCA Conditional Use Permit at Garden Springs Drive 14:35 The Board approved a conditional use permit for YMCA of Central Kentucky to operate an after-school program for up to 48 students in an existing church in the R-1D zone at 2185 Garden Springs Drive. Motion by Ms. Moore, seconded by Mr. Glover. The vote was unanimous with all seven board members voting in favor. The approval requires a revised site plan, all necessary permits within 30 days, and continued implementation of parking, screening, and storm water management requirements.

AV-2013-45: Administrative Review for Steven Fount House 16:48 The Board approved an administrative review to increase accessory garage/barn size and fence height variance for Steven Fount House in the R-1B zone at 229 Eastin Road. Motion by Ms. Meyer, seconded by Ms. White. The vote was unanimous with all seven board members voting in favor. Conditions include that the total of three accessory buildings cannot exceed the principal residence square footage, all permits must be obtained, no additional accessory structures are permitted, and no commercial use is allowed.

AC-2013-46: Home Occupation Pilates Training 25:10 The Board approved an administrative review and conditional use permit for Mary Beth Thompson to conduct one-on-one Pilates training as a home occupation in the R-1D zone at 902 Charwood Drive. Motion by Mr. Griggs, seconded by Ms. White. The vote was 6-1, with Joseph Smith voting against. Those voting in favor were Barry Stumbo, Noel White, Janice Meyer, James Griggs, Thomas Glover, and Kathryn Moore. The approval requires compliance with the submitted application, necessary permits, and Zoning Ordinance provisions for home occupations.

C-2013-48: YMCA Conditional Use Permit at Todds Road 40:15 The Board approved a conditional use permit for YMCA of Central Kentucky to operate an after-school program in an existing church in the A-R zone at 4131 Todds Road. Motion by Mr. Glover, seconded by Mr. Griggs. The vote was unanimous with all seven board members voting in favor. The approval includes requirements for a revised site plan, permits within 60 days, installation of outdoor play area, shoebox-design lighting, and coordination with Traffic Engineering regarding street access.

CV-2013-47: Trailblazer Auto Detailing Denial 1:26:52 The Board denied a conditional use permit and variance for Trailblazer to operate an auto detailing tent for more than 60 days and reduce front setback from 20 feet to 0 feet in the B-3 zone at 2015 Family Circle. Motion by Mr. Griggs, seconded by Ms. Moore. The vote was 6-1, with Joseph Smith voting against the denial. Those voting to deny were Barry Stumbo, Noel White, Janice Meyer, James Griggs, Thomas Glover, and Kathryn Moore.

Public Comment

Three members of the public addressed the board during this meeting.

Everett Taylor 29:02 expressed safety concerns regarding the YMCA after-school program. Mr. Taylor reported that children from the program were running into his driveway and requested installation of a 200–250 foot four-board plank fence along the property line to prevent this issue. He also raised concerns about a dumpster located near his property line.

Ron Turner 47:29 opposed the placement of an auto detailing tent by Trailblazer. Mr. Turner cited the tent's unsightly appearance as a concern and worried that approving its placement could set a precedent for other businesses to install permanent tents in the area. He additionally raised concerns about potential chemical runoff and traffic safety issues related to the tent's location.

Jason Widmer 55:35 supported Mr. Turner's concerns. Mr. Widmer, who sold the tent to Trailblazer, noted that tents become eyesores over time and cautioned that approving this installation could encourage other businesses to erect similar structures. He expressed concern that such developments could undermine efforts to maintain the aesthetic quality of New Circle Road.

Appointments

Tammy McMullen was appointed to the position of Administrative Specialist.

Contested Items

Three significant disputes emerged during the August 23, 2013 meeting:

Deed Restrictions and Home Occupation Approval

A heated discussion centered on whether the Board's approval of a home occupation could override private deed restrictions on the property. Legal staff intervened to clarify that deed restrictions are private contractual matters and cannot be enforced by the Board. However, they noted that the applicant could face legal consequences from other property owners if the restrictions were violated despite Board approval.

YMCA After-School Program Fencing and Safety

Community opposition arose regarding safety concerns at the YMCA after-school program. Neighbor Everett Taylor raised concerns that children from the program were crossing into his driveway and requested that a fence be installed to address the issue. The applicant acknowledged the safety concern but stated that the issue had not been considered during the initial review process. The applicant also indicated that installing a fence would be cost-prohibitive, leaving the matter unresolved.

Trailblazer's Auto Detailing Tent

The Board was divided on whether to approve permanent placement of an auto detailing tent with a reduced setback. Some Board members supported the business proposal, citing the visibility and commercial benefits it would provide. Other members opposed the approval, arguing that the tent would be an eyesore and that approving it would set a problematic precedent for future similar requests. The split vote reflected fundamental disagreement about balancing business interests against aesthetic and zoning concerns.

Variance Appeal: Charles Pope

Charles Pope requested two variances to reduce front and side yard setbacks in an A-R zone to allow construction of a carport and covered porch. 4:54

Request Details

Mr. Pope sought relief from standard setback requirements for his property in the A-R zoning district to accommodate the proposed structures.

Staff Recommendation

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

• Unique lot size characteristics that create practical difficulty
• Hardship related to the septic system location on the property
• No evidence of willful violation by the applicant

Board Action

The Board approved the variance appeal unanimously. The approval included two conditions that Mr. Pope must satisfy.

Key Participants

The discussion involved Charles Pope, Mr. Emmons, and Mr. Griggs.

Conditional Use Appeal: Trailblazer

Case Number: CV-2013-47

Trailblazer requested a conditional use permit and variance to operate an auto detailing business using a tent in a B-3 zone. The request included two specific modifications: permission to keep the tent beyond the standard 60-day limit and a reduction of the front setback requirement to 0 feet.

Key Speakers and Presentation 40:47

The discussion involved Barry Sanders, Fred Price, Ron Turner, and Jason Widmer. Staff recommended approval of the request despite concerns that would later emerge during public comment.

Opposition and Concerns

Opposition to the proposal centered on two main issues:

• Aesthetic concerns: Opponents objected to the appearance of a tent structure in the B-3 zone
• Precedent concerns: There was concern that approving this request would set a precedent for similar requests in the future

Outcome

The Board denied the conditional use appeal by a vote of 6-1, rejecting both the request to extend the tent duration beyond 60 days and the front setback variance to 0 feet.

Conditional Use Appeal: YMCA of Central Kentucky

Case Number: C-2013-48

The YMCA of Central Kentucky requested a conditional use permit to operate an after-school program in an existing church building located in an A-R (Agricultural-Residential) zone. 39:14

Staff Recommendation and Conditions

Staff recommended approval of the conditional use permit with six conditions. These conditions included requirements for a fenced play area and permit requirements for the operation of the program.

Key Speakers and Discussion

The following individuals participated in the discussion: - Ms. Kelly Estin - Mr. Emmons - Mr. Taylor - Mr. Nelson

Concerns Addressed

During the meeting, board members raised and addressed concerns regarding: - Fencing requirements for the play area - Dumpster placement

Outcome

The Board approved the conditional use permit unanimously. The approval was granted with the six conditions recommended by staff, which addressed the operational and site-specific requirements for the after-school program at the church facility.

Conditional Use Appeal: YMCA of Central Kentucky

Case Number: C-2013-49

The Board considered a conditional use permit request from the YMCA of Central Kentucky for an after-school program to be operated in an existing church building located in an R-1D residential zone. 9:19

Staff Recommendation

Staff recommended approval of the conditional use permit with three conditions: - Submission of a revised site plan - Compliance with permit requirements - Additional conditions as specified in the staff report

Discussion

Ms. Kelly Estin and Mr. Emmons presented information regarding the proposal. During the discussion, Chairman Stumbo sought clarification on the scope of the project, specifically confirming that no new construction was planned for the property. This clarification was important to the Board's understanding of the request, as the proposal involved utilizing an existing structure rather than expanding or modifying the building.

Outcome

The Board approved the conditional use permit unanimously. The approval was contingent upon the applicant meeting the three conditions outlined in the staff recommendation, including submission of the revised site plan and compliance with all permit requirements.

Administrative Review: Steven Fount House

Steven Fount House requested an administrative review to increase accessory building size and obtain a fence height variance in an R-1B zone 15:07.

Request Details

The applicant sought approval to expand an accessory building beyond standard size limits and to increase fence height in the residential zone.

Staff Recommendation

Staff recommended approval of the request, citing the applicant's large lot size and documented hardship as supporting factors for the variance.

Key Speakers

The discussion involved Steve House and Mr. Emmons.

Board Action

The Board approved the administrative review unanimously. The approval included four conditions that the applicant must satisfy.

Outcome

The request was approved as recommended.

Administrative Review: Mary Beth Thompson

Mary Beth Thompson requested an administrative review to determine whether Pilates training qualifies as a home occupation and to obtain a conditional use permit. 17:56

Staff Recommendation

Staff recommended approval of the request with four conditions.

Key Speakers and Discussion

The review involved discussion among Mary Beth Thompson, Mr. Emmons, Mr. Sallee, and Ms. Jones. During the proceedings, the Board discussed deed restrictions and their legal implications as they related to the proposed home occupation.

Outcome

The Board approved the administrative review by a vote of 6-1. The approval was granted with the four conditions recommended by staff.