Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment met on October 25, 2013, at 1:36 p.m. at 200 East Main Street in Lexington, Kentucky, with Barry Stumbo presiding. The board considered 12 agenda items, including eight variance requests and four conditional use applications spanning various zoning districts across the county. One motion was voted on during the meeting, and one public comment was heard. Notably, all variance and conditional use applications were postponed, including requests to modify driveway widths, reduce setbacks for garage construction, increase fence heights, and establish uses such as a cocktail lounge, church, veterinary clinic, and indoor recreational facility. The board also postponed consideration of the 2014 Meeting and Filing Schedule and received informational material regarding House Bill 55 Training Opportunities.

Attendance

The following individuals were present at the meeting on October 25, 2013:

• Barry Stumbo
• Joseph Smith
• James Griggs

No attendees were recorded as absent or late.

Votes and Decisions

The meeting included one motion regarding the 2014 Meeting and Filing Schedule. 0:00

2014 Meeting and Filing Schedule

A voice vote was held on the approval of the 2014 Meeting and Filing Schedule. The motion was postponed rather than approved or rejected at this time.

Public Comment

0:00

Chairman Barry Stumbo addressed the meeting regarding a quorum issue. He apologized for the lack of quorum, noting that one board member did not attend despite having previously indicated they would be present. Due to the absence of a quorum, Chairman Stumbo announced that the meeting would be postponed to the next available date.

Contested Items

Lack of Quorum

A procedural dispute arose regarding the absence of a quorum at the meeting. Despite prior indication that a board member would attend, insufficient members were present to proceed with the scheduled agenda items. The Chair apologized for the situation and postponed all agenda items as a result of this procedural requirement not being met.

John Kelly - Variance to increase driveway width from 24 to 34 feet in EAR-1 zon

Case Number: V-2013-63

Request: The applicant sought a variance to increase driveway width from 24 feet to 34 feet in an EAR-1 zoned residential area.

Staff Recommendation: Staff recommended disapproval of the variance request. The recommendation was based on findings that there were no special circumstances present and no hardship resulting from strict compliance with zoning requirements.

Outcome: The matter was postponed.

Green Development, LLC - Variance to eliminate zone-to-zone screening in P-1 zone

Case Number: V-2013-69

Request: Green Development, LLC requested a landscape variance to eliminate zone-to-zone screening requirements in the P-1 zone.

Staff Recommendation: Staff recommended disapproval of the variance request. The staff analysis determined that the applicant had not demonstrated unique physical characteristics of the property that would justify granting the variance. Additionally, staff found that no hardship existed that would warrant removal of the screening requirements.

Outcome: The item was postponed and did not receive a final decision at this meeting.

Jack H. Ballard - Variances to reduce setbacks and side yards for garage in R-2/H-1 zone

Case Number: V-2013-70

Request: The applicant sought variances to eliminate setbacks and side yards for a garage in a property located in an R-2/H-1 (residential with historic district) zone.

Staff Recommendation: Staff recommended approval of the variances based on unique lot conditions and hardship circumstances specific to the property. The recommendation included four conditions to be attached to any approval.

Outcome: The item was postponed and did not receive a final decision at this meeting.

Jerry Hahn - Variance to increase fence height from 8 to 10 feet in R-1C zone

Case Number: V-2013-71

Request: Jerry Hahn requested a variance to increase fence height from 8 feet to 10 feet in an R-1C zoning district.

Staff Recommendation: Staff recommended approval of the variance. The recommendation was based on topographic conditions at the property and the need for effective screening, particularly given the fence's location adjacent to a major road. One condition was attached to the staff recommendation.

Outcome: The item was postponed.

K. Wesley Farley - Conditional use for retail sale of antiques in I-1 zone

Case Number: C-2013-62

Request: The applicant sought a conditional use permit to operate a retail antique store in an I-1 (Industrial) zone.

Staff Recommendation: Staff recommended postponement of this application. The recommendation was based on concerns regarding the clarity of how the proposed antique retail use would be compatible with existing uses in the I-1 zone, as well as incomplete application materials. Specifically, the applicant had not submitted required stormwater management plans and landscaping plans necessary for full review of the proposal.

Outcome: The application was postponed.

Nancy Pauley - Conditional use for cocktail lounge with artist studio in B-6P zone

Case Number: C-2013-64

Request: Nancy Pauley requested a conditional use permit for a cocktail lounge paired with an artist studio in a B-6P zoned area.

Staff Recommendation: Staff recommended approval of the conditional use permit, citing minimal impact on the surrounding area and adequate distance from residential zones. The recommendation included four conditions for the permit.

Outcome: The item was postponed.

Nathaniel Missionary Society, Inc. - Conditional use for church in B-4 zone

Case Number: C-2013-65

Request: The Nathaniel Missionary Society, Inc. sought conditional use approval to operate a church in a B-4 zone, which is designated for wholesale and warehouse uses.

Staff Recommendation: Staff recommended approval of the conditional use request. The recommendation was based on findings that the proposed church would have minimal impact on the surrounding area and would be adequately buffered from residential neighborhoods.

Conditions: Three conditions were attached to the staff recommendation for approval.

Outcome: The item was postponed.

L. Roberts Properties, Inc. - Conditional use for vehicle storage yard in I-1 zone

Case Number: C-2013-66

Request: L. Roberts Properties, Inc. applied for a conditional use permit to operate a vehicle storage yard in an I-1 (Light Industrial) zone.

Staff Recommendation: Staff recommended approval of the conditional use permit, finding the site suitable for the proposed use and compatible with surrounding uses. The recommendation included four conditions to be attached to any approval.

Outcome: The item was postponed and did not receive a final decision at this meeting.

Dr. Joseph G. Yocum, DVM, PLLC - Conditional use for veterinary clinic in B-1 zone

Case Number: C-2013-67

Request: The applicant sought approval for a conditional use permit to operate a veterinary clinic in a B-1 zoned area.

Staff Recommendation: Staff recommended approval of the conditional use permit. The recommendation was based on several factors supporting the proposal:

• The veterinary clinic would operate indoors
• Soundproofing measures would be implemented
• Adequate parking would be provided for the facility

Conditions: Staff attached four conditions to the recommended approval.

Outcome: The agenda item was postponed.

Central KY United, Inc. - Conditional use for indoor recreational facility in I-2 zone

Central KY United, Inc. requested a conditional use permit to operate an indoor recreational facility in an I-2 (Industrial) zone.

Staff recommended postponement of the application due to incomplete documentation and unresolved questions about the proposed use. Specifically, staff cited missing deed documentation and expressed uncertainty regarding whether the recreational facility would be compatible with other industrial uses in the zone.

The application was postponed.

2014 Meeting and Filing Schedule

Barry Stumbo presented the 2014 meeting and filing schedule for Board review and adoption as part of the Board's bylaw duties. 0:00

The Board was unable to proceed with this agenda item due to lack of quorum. As a result, the item was postponed and will require review and action at a future meeting when a quorum is present.

House Bill 55 Training Opportunities

Staff announced an upcoming training opportunity for House Bill 55 compliance. An APA audio conference is scheduled for November 6 from 4:00–5:30 p.m. to provide required training on House Bill 55.

This was an informational item with no debate or concerns raised during the meeting.