Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment met on November 22, 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 session while hearing five public comments. Four of the six items were decided during the meeting: three variance requests and one conditional use request were approved, while two items—a variance request from Neptali Diaz and a conditional use request for family child care from Barbara Dale—were postponed for further consideration.

Attendance

The following individuals were present at the meeting on November 22, 2013:

• Barry Stumbo
• Noel White
• Joseph Smith
• Janice Meyer
• James Griggs
• Thomas Glover
• Kathryn Moore
• Casey Kaucher
• Chuck Saylor
• Jim Marx
• Mike Sanner
• Bill Sallee
• Barbara Rackers
• Tammye McMullen

No absences or late arrivals were recorded.

Votes and Decisions

V-2013-72: Variance for Wanda R. Bertram – Rear Yard Deck Setback 1:38

Motion by Noel White, seconded by Joseph Smith. The Board unanimously approved a variance to reduce the rear yard setback from 24 feet to 10 feet for a deck at 735 W. High Street. All seven members voted in favor: Barry Stumbo, Noel White, Joseph Smith, Janice Meyer, James Griggs, Thomas Glover, and Kathryn Moore. The applicant must obtain all necessary permits from the Division of Building Inspection and file an administrative action plat with the Division of Planning.

V-2013-75: Variance for Paul Krestik – Rear Yard Deck Setback 2:48

Motion by Kathryn Moore, seconded by Janice Meyer. The Board unanimously approved a variance to reduce the rear yard setback from 24 feet to 10 feet for a deck at 801 W. High Street. All seven members voted in favor. The applicant must obtain all necessary permits from the Division of Building Inspection and file an administrative action plat with the Division of Planning.

C-2013-73: Conditional Use Permit for Mister Money/First Cash Financial Services 4:21

Motion by James Griggs, seconded by Kathryn Moore. The Board unanimously approved a conditional use permit to expand a pawn shop at 1300 Winchester Road. All seven members voted in favor. Conditions include obtaining a Zoning Compliance Permit and Certificate of Occupancy prior to construction and opening, and ensuring all signage complies with Article 17 of the Zoning Ordinance.

V-2013-77: Variance for Neptali Diaz – Side Yard Reduction 4:54

Motion by Kathryn Moore, seconded by Janice Meyer. The Board unanimously postponed the variance appeal to reduce the side yard from 8 feet to 1.5 feet at 1910 Picadilly Street.

V-2013-76: Variance for The Oaks Condominium Assoc. – Front Yard Fence Height 1:09:12

Motion by Thomas Glover, seconded by Kathryn Moore. The Board approved a variance to increase front yard fence height from 4 feet to 7 feet at 395 Redding Road. Six members voted in favor; Janice Meyer voted against. Conditions include obtaining fence permits from the Division of Building Inspection and submitting an amended development plan identifying the new gate.

C-2013-74: Conditional Use Permit for Barbara Dale – Family Child Care 21:11

Motion by Kathryn Moore, seconded by Noel White. The Board unanimously postponed the conditional use permit for family child care at 4189 Forsythe Drive.

Public Comment

Five speakers addressed the board during the public comment period.

Fence Height Variance Opposition

Joe B. Hall spoke at 36:52 to express concerns about a proposed 7-foot fence to be placed directly in front of his condominium. Mr. Hall argued that the fence would severely impact his property rights, convenience, and privacy. He disputed the association's security claims, stating the fence would not improve security despite their assertions.

Automated Gate System Concerns

Terry McBrayer addressed the board at 28:48 to oppose the new automated gate system and 7-foot fence. Mr. McBrayer argued that these additions would create traffic congestion, inconvenience visitors, and infringe on the individual rights of residents, particularly Mr. Hall.

Traffic Safety Issues

Richard Maloney raised safety concerns at 42:59, warning that the new gate system could cause dangerous traffic backups on Redding Road, especially during large events at the condominium clubhouse.

Joe Gentry, identified as a frequent visitor, spoke at 42:25 about visitor inconvenience. Mr. Gentry stated that the new system would make accessing the condominium complex inconvenient due to multiple gates and call boxes.

Clarification on Previous Matter

Barbara Dale addressed the board at 17:19 regarding response letters to opposition. Ms. Dale clarified that she had closed her previous daycare and that letters from Health and Family Services were related to a different location, not her current situation. She requested time to provide additional documentation to support her position.

Contested Items

The Oaks Condominium Association Fence Variance

A proposal for a 7-foot fence variance at The Oaks Condominium Association generated heated discussion during the meeting. Resident Joe B. Hall led opposition to the variance, arguing that the fence would infringe on privacy, reduce property values, and create traffic issues in the area. Despite these concerns, staff and the applicant presented arguments supporting the variance, claiming the fence would be compatible with the surrounding area and would have only minor impact. The strong resident opposition indicated significant community disagreement over the project's merits and potential effects on the neighborhood.

Barbara Dale's Child Care Conditional Use

Barbara Dale's application for a child care conditional use permit encountered community opposition and administrative delays. The application was held up when multiple letters of opposition arrived suddenly, accompanied by documentation from Health and Family Services. These submissions raised concerns about compliance and safety matters that required further review before the application could proceed. The convergence of community objections and regulatory documentation necessitated additional time to address the raised issues before a decision could be made on the conditional use permit.

Wanda R. Bertram - Variance to reduce setback along Ty Court from 24 feet to 10 feet

Case Number: V-2013-72

Proposal: Wanda R. Bertram requested a variance to reduce the required setback along Ty Court from 24 feet to 10 feet to allow construction of a rear yard deck.

Key Speakers: Wanda Bertram and Bill Sallee presented on this matter 1:01.

Board Decision: The Board approved the variance.

Basis for Approval: The Board cited unique topographic conditions on the property as justification for the reduced setback requirement. The Board also noted that similar decks exist elsewhere in the neighborhood, establishing a precedent for this type of construction with reduced setbacks.

Conditions of Approval: The variance approval was subject to two conditions: - Compliance with permit requirements - Filing of an updated plat

Paul Krestik - Variance to reduce setback from Ty Court from 24 feet to 10 feet

Case Number: V-2013-75

Applicant: Paul Krestik

Request: A variance to reduce the rear yard setback from Ty Court from 24 feet to 10 feet to allow construction of a rear yard deck.

Key Speakers: Paul Krestik and Bill Sallee 2:11

Outcome: The Board approved the variance.

Basis for Approval: The Board determined that the circumstances of this case were similar to a prior case, and the unique configuration of the property supported granting the variance for the reduced setback.

Conditions of Approval: The variance approval included two conditions: - A permit requirement - A plat filing requirement

The Oaks Condominium Assoc. - Variance to increase front yard fence height from 4 feet to 7 feet

Case Number: V-2013-76

Outcome: Approved

The Board considered a variance request from The Oaks Condominium Association to increase the front yard fence height from 4 feet to 7 feet at the front entrance 22:46.

Key Speakers: - Andy Holmes - Bill Sallee - Joe B. Hall - Terry McBrayer

Discussion and Presentation:

The applicant presented the variance request, citing compatibility with existing non-conforming fencing already present at the property and the need for consistent design throughout the front entrance area.

Concerns Raised:

The variance request generated opposition from residents. Concerns raised during the discussion included privacy issues and traffic-related concerns associated with the increased fence height.

Board Decision:

Despite the resident opposition, the Board approved the variance, determining that the increased fence height was compatible with the existing non-conforming fencing conditions at the property and supported the association's design consistency goals for the front entrance.

Neptali Diaz - Variance to reduce side yard from 8 feet to 1.5 feet

Case Number: V-2013-77

Overview: The Board considered a variance request from Neptali Diaz to reduce the required side yard setback from 8 feet to 1.5 feet. 3:20

Key Speakers: - Neptali Diaz (applicant) - Bill Sallee

Staff Recommendation: Staff recommended approval of the variance. The recommendation was based on the presence of a wide existing side yard and the hardship that would result from requiring the relocation of a shed on the property.

Outcome: The Board postponed the variance request to the December 13 meeting. The postponement was granted due to the applicant's inability to attend the November 22 meeting.

Mister Money/First Cash Financial Services - Conditional use to expand pawn shop

The Board considered a conditional use permit application (C-2013-73) for Mister Money/First Cash Financial Services to expand an existing pawn shop operation. 3:51

Key speakers on this item included Dick Murphy and Bill Sallee.

The Board approved the conditional use permit. In its decision, the Board noted that the proposed expansion would not adversely affect surrounding properties. The approval was granted with conditions requiring the applicant to obtain all necessary permits and ensure compliance with signage requirements.

Barbara Dale - Conditional use for family child care

Case Identifier: C-2013-74

Applicant: Barbara Dale

Request: Conditional use for family child care

Outcome: Postponed

5:29

The Board considered a conditional use application from Barbara Dale for family child care. The discussion involved key speakers Barbara Dale and Bill Sallee.

The Board postponed the conditional use application due to newly received opposition letters and documentation from Health and Family Services. These materials required further review before the Board could make a decision on the application. The timing of the submissions—received after the initial application materials had been reviewed—necessitated the postponement to allow adequate consideration of all relevant information and concerns.