Special Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on November 15, 2013, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Chairman Barry Stumbo presiding. The board considered ten agenda items consisting of variance appeals and conditional use appeals. During the meeting, the board took 13 motions and votes and heard 2 public comments.

Of the ten cases reviewed, the board approved six appeals, denied one appeal, and postponed two appeals. The approved cases included a variance for Jack H. Ballard's setback and side yard reduction, a variance for Jerry Hahn's fence height increase, a variance for Green Development, LLC's zone-to-zone screening, and four conditional use approvals for Nancy Pauley's cocktail lounge with artist studio, Nathaniel Missionary Society, Inc.'s church in a B-4 zone, L. Roberts Properties, Inc.'s vehicle storage yard, and Dr. Joseph G. Yocum, DVM, PLLC's veterinary clinic. The board denied John Kelly's variance appeal for a driveway width increase. Two cases were postponed: K. Wesley Farley's conditional use appeal for retail sale of antiques and Central KY United, Inc.'s conditional use appeal for an indoor recreational facility.

Attendance

The following individuals were present at the meeting on November 15, 2013:

• Barry Stumbo
• Joseph Smith
• Janice Meyer
• James Griggs
• Noel White
• Thomas Glover
• Kathryn Moore
• Casey Kaucher
• Chuck Saylor
• Jim Marx
• Tracy Jones
• Barbara Rackers
• Jimmy Emmons
• Tammye McMullen

No absences or late arrivals were recorded.

Votes and Decisions

The Board took the following actions on November 15, 2013:

Postponements

• C-2013-62 [00:08:17]: Conditional use permit for retail sale of antiques and home furnishings in a Light Industrial (I-1) zone at 573-575 Maryland Avenue. Motion by Noel White, seconded by Kathryn Moore. Postponed unanimously.

• C-2013-68 [00:11:58]: Conditional use permit to establish an indoor recreational facility in a Heavy Industrial (I-2) zone at 1709 Jaggie Fox Way. Motion by Janice Meyer, seconded by Thomas Glover. Postponed unanimously.

Variances Approved

• V-2013-70 [00:13:45]: Variance to reduce required setback along Plunkett Street from 8 feet to 0 feet and side yards from 1'6" to 0 feet for a detached garage in a Two Family Residential/Historic District Overlay (R-2/H-1) zone at 513 S. Mill Street. Motion by Janice Meyer, seconded by Thomas Glover. Passed unanimously. Conditions included compliance with submitted plans, obtaining necessary permits from Building Inspection, compliance with Board of Architectural Review conditions, and maintaining pedestrian access to the rear of 316 Pine Street.

• V-2013-71 [00:14:46]: Variance to increase maximum allowable height of a rear yard fence from 8 feet to 10 feet in a Single Family Residential (R-1C) zone at 855 Glendover Road. Motion by James Griggs, seconded by Noel White. Passed unanimously. Condition: applicant must obtain a fencing permit from Building Inspection prior to construction.

• V-2013-69 [01:20:14]: Variance to eliminate a portion of required zone-to-zone screening in a Professional Office (P-1) zone at 2429 Members Way. Motion by Thomas Glover, seconded by Janice Meyer. Passed unanimously. Condition: trees shall be placed every 15 linear feet and shall be dense evergreen trees.

Variance Denied

• V-2013-63 [00:52:42]: Variance to increase maximum allowable driveway width from 24 feet to 34 feet in an Expansion Area Residential (EAR-1) zone at 460 Weston Park. Motion by James Griggs, seconded by Janice Meyer. Disapproved unanimously.

Conditional Use Permits Approved

• C-2013-64 [00:19:30]: Cocktail lounge in conjunction with an artist studio in a Planned Shopping Center (B-6P) zone at 3851 Mall Road. Motion by Noel White, seconded by Joseph Smith. Passed unanimously.

• C-2013-65 [00:20:48]: Church in an existing building in a Wholesale and Warehouse Business (B-4) zone at 1109 Versailles Road, Ste. 400. Motion by Thomas Glover, seconded by James Griggs. Passed unanimously.

• C-2013-66 [00:22:02]: Vehicle storage yard in a Light Industrial (I-1) zone at 2285 Maggard Drive. Motion by Kathryn Moore, seconded by Janice Meyer. Passed unanimously.

• C-2013-67 [00:23:48]: Veterinary clinic in a Neighborhood Business (B-1) zone at 4371-4379 Old Harrodsburg Road. Motion by Noel White, seconded by Thomas Glover. Passed unanimously.

Administrative Actions

• Minutes 09/27/13 [01:21:52]: Approved unanimously. Motion by Thomas Glover, seconded by Noel White.

• Minutes 10/25/13 [01:22:22]: Approved unanimously. Motion by James Griggs, seconded by Joseph Smith.

• 2014 Meeting Schedule [01:23:23]: Adopted unanimously. Motion by Noel White, seconded by James Griggs.

Public Comment

Two speakers addressed the board during the public comment period.

Driveway Variance Appeal 37:56

Steve Taylor spoke on behalf of John Kelly regarding a driveway variance appeal. Taylor expressed regret for not being aware of the applicable zoning rules. He highlighted that the property has undergone improvements totaling over $100,000 and argued that the driveway extension enhances the neighborhood rather than detracting from it. Taylor contended that the extension does not constitute a negative feature for the area.

Landscape Variance Appeal 1:08:31

Timothy Morris addressed a landscape variance appeal. Morris noted that neighbors had opposed a fence but preferred trees as an alternative. He characterized the building as a sustainable, high-performance project and urged the board to approve the variance to preserve the aesthetics of the property and maintain community harmony.

Contested Items

Driveway Variance Appeal (V-2013-63)

This item generated heated discussion among board members. The applicant had requested a variance for their driveway, and while they provided explanation for their request and had made property improvements, the board expressed strong concern about the implications of approval. The central tension centered on whether granting the variance would set a problematic precedent for non-compliance. Board members debated the physical layout of the property and discussed the enforcement implications that could result from their decision. Despite the applicant's efforts to justify the request, the board's focus remained on the broader consequences of approving a variance that deviated from established standards.

Landscape Variance Appeal (V-2013-69)

This variance request resulted in a split vote among board members, indicating disagreement about the appropriate course of action. Staff had recommended disapproval of the landscape variance. However, the board identified unique circumstances that warranted reconsideration, particularly noting that neighboring property owners had expressed preferences that supported approval. The board ultimately approved the variance, but with a condition attached: the applicant must increase tree density on the property as part of the approval. This conditional approval represented a compromise position that allowed the variance while imposing requirements intended to address potential concerns about the landscape design.

Variance Appeal: John Kelly - Driveway Width Increase

Case Number: V-2013-63

The board considered a variance request from John Kelly to increase driveway width from 24 to 34 feet in an EAR-1 zone 24:20.

Staff Recommendation

Staff recommended disapproval of the variance request, finding that the applicant had not demonstrated special circumstances or hardship that would justify an exception to the standard driveway width requirement.

Applicant's Position

The applicant argued that the driveway width increase was a necessary improvement for the property.

Board Discussion

Key speakers Steve Taylor and Jimmy Emmons participated in the board's deliberation. The board expressed concern that approving the variance would set a dangerous precedent for future similar requests in the zone.

Outcome

The board voted to deny the variance appeal. The decision reflected the board's determination that the request lacked sufficient justification and that approval would establish an undesirable precedent for driveway width exceptions in EAR-1 zones.

Variance Appeal: Green Development, LLC - Zone-to-Zone Screening

The board considered variance application V-2013-69, which sought approval to eliminate a required fence in a P-1 zone. 54:28

Applicant's Position

Green Development, LLC requested relief from the zone-to-zone screening requirement, citing neighbor support and space constraints as justification for the variance.

Staff Recommendation

Staff recommended disapproval of the variance application.

Board Discussion

Key speakers Timothy Morris and Jimmy Emmons participated in the board's deliberation. The board examined the circumstances presented and determined that unique conditions existed that warranted consideration of the variance request. Notably, the board gave significant weight to the expressed preferences of neighboring property owners who supported the elimination of the required fence.

Outcome

The board approved the variance application. As a condition of approval, the board required dense tree planting to serve as an alternative screening method between the zones. This condition ensured that appropriate visual separation would be maintained despite the elimination of the fence requirement.

Conditional Use Appeal: K. Wesley Farley - Retail Sale of Antiques

Case Identifier: C-2013-62

The board considered a conditional use appeal from K. Wesley Farley regarding retail sale of antiques 7:42.

Outcome

The board postponed the appeal. The applicant agreed to resubmit the application with additional information addressing the board's concerns.

Key Issues

The board identified three primary areas of concern that prevented approval:

• Parking: Unresolved questions about adequate parking for the proposed retail use
• Stormwater: Outstanding stormwater management issues
• Compatibility: Concerns about compatibility with existing uses in the area

Next Steps

K. Wesley Farley is expected to provide supplemental materials that address these concerns before the appeal can be reconsidered by the board.

Conditional Use Appeal: Central KY United, Inc. - Indoor Recreational Facility

Case Number: C-2013-68

Overview

The board considered a conditional use appeal submitted by Central KY United, Inc. for an indoor recreational facility. 11:58

Key Participants

Jimmy Emmons addressed the board regarding this matter.

Board Action

The board postponed the appeal to allow additional time for the applicant to address outstanding issues and submit required documentation.

Issues Requiring Resolution

The postponement was granted to permit the applicant to:

• Submit a revised deed
• Clarify the land use designation
• Resolve parking concerns
• Address compatibility concerns

Outcome

The appeal was postponed pending the applicant's submission of revised materials and clarification on the identified issues.

Variance Appeal: Jack H. Ballard - Setback and Side Yard Reduction

Case Number: V-2013-70

Outcome: Approved

The board considered a variance request from Jack H. Ballard to reduce setbacks and side yards for a garage project located in a historic district. 13:07

Key Speakers: - Jack H. Ballard (applicant) - Jimmy Emmons

Decision Rationale:

The board approved the variance, finding that the proposed reduction was consistent with the character of the surrounding neighborhood. The approval was based on specific hardship circumstances related to the property itself. The board determined that the lot's narrow dimensions created a genuine constraint that justified the variance request, and that the reduced setbacks and side yards would not be inconsistent with how similar properties in the historic district were developed.

The variance allows the garage to be constructed in a manner that accommodates the physical limitations of the lot while maintaining compatibility with the historic district's established character.

Variance Appeal: Jerry Hahn - Fence Height Increase

Case Number: V-2013-71

Outcome: Approved

The board considered a variance request from Jerry Hahn to increase fence height from 8 to 10 feet 14:15. The primary justification for the height increase was based on topographic conditions affecting the property and the need for effective screening from a major intersection.

Key Speakers: - Jerry Hahn (applicant) - Jimmy Emmons

The board approved the variance, finding that the topographic conditions of the property and screening requirements from the adjacent major intersection provided sufficient grounds to permit the fence height increase beyond standard regulations.

Conditional Use Appeal: Nancy Pauley - Cocktail Lounge with Artist Studio

Case Number: C-2013-64

The board considered a conditional use permit application for a cocktail lounge to be operated in conjunction with an artist studio. 15:20

Key Speakers: - Nancy Pauley - Jimmy Emmons

Discussion and Findings:

The board reviewed the proposed use and its compatibility with the surrounding area. A significant factor in the board's evaluation was the location of the proposed establishment relative to residential neighborhoods. The board noted that the site is distant from residential areas, which was a key consideration in assessing potential impacts on nearby residents.

Outcome:

The board approved the conditional use permit. In reaching this decision, the board determined that the cocktail lounge with artist studio was unlikely to cause disturbances to the surrounding community, given its distance from residential zones.

Conditional Use Appeal: Nathaniel Missionary Society, Inc. - Church in B-4 Zone

Case Number: C-2013-65

The board considered a conditional use appeal for Nathaniel Missionary Society, Inc. to operate a church in a B-4 (wholesale) zone. 20:01

Presentation and Discussion

Todd Ott presented the matter to the board. The discussion focused on the appropriateness of allowing a church use in a wholesale zoning district, which does not typically permit such uses without conditional approval.

Key Findings

The board noted that the proposed church use would have minimal impact on surrounding properties. The location also benefits from adequate buffer distance from residential areas, reducing potential conflicts between the church operations and nearby residential neighborhoods.

Outcome

The board approved the conditional use appeal, allowing Nathaniel Missionary Society, Inc. to establish a church in the B-4 zone.

Conditional Use Appeal: L. Roberts Properties, Inc. - Vehicle Storage Yard

Item Identifier: C-2013-66

Overview

The board considered a conditional use appeal for L. Roberts Properties, Inc. regarding a proposed vehicle storage yard. 21:18

Key Speaker

Dick Murphy presented on this matter.

Board Decision

The board approved the conditional use permit for the vehicle storage yard.

Rationale

The board's approval was based on the following findings:

• The vehicle storage yard was determined to be compatible with surrounding uses in the light industrial zone
• The property had adequate infrastructure to support the proposed use

Outcome

The conditional use appeal was approved.

Conditional Use Appeal: Dr. Joseph G. Yocum, DVM, PLLC - Veterinary Clinic

Identifier: C-2013-67

The board considered a conditional use appeal for Dr. Joseph G. Yocum, DVM, PLLC to operate a veterinary clinic in a neighborhood business zone 22:39.

Key Speaker: Dick Murphy

Discussion and Outcome:

The board approved the veterinary clinic conditional use application. In evaluating the proposal, the board noted that specific operational conditions would mitigate potential neighborhood impacts. The approval was contingent upon two key requirements:

• Soundproofing measures to minimize noise from the clinic operations
• No overnight boarding of animals at the facility

The board determined that these conditions would prevent the clinic from becoming a nuisance to the surrounding neighborhood. By prohibiting overnight boarding and requiring soundproofing, the clinic's operational footprint would be limited to standard daytime veterinary services without the extended animal care activities that could generate ongoing noise or disturbance.

Result: Approved