Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment met on December 13, 2013, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky. Barry Stumbo presided over the meeting, which included 10 agenda items addressing routine administrative matters and substantive appeals. The board took 6 votes during the session and heard 5 public comments from members of the community.

The meeting covered standard procedural items including attendance, approval of previous minutes, and scheduling matters. The board approved minutes from the prior meeting and postponed or withdrew certain scheduled business items. Two substantive categories of appeals were addressed: the board approved Variance Appeals and Conditional Use Appeals. The agenda also included informational items related to board business, staff updates, and notification of the next scheduled meeting date before the board adjourned.

Attendance

The following individuals were present at the meeting:

• Barry Stumbo
• Joseph Smith
• Janice Meyer
• James Griggs
• Noel White
• Thomas Glover
• Kathryn Moore

Neptali Diaz arrived late to the meeting.

No members were absent.

Votes and Decisions

Approval of November 15, 2013 Meeting Minutes 3:35

Motion by Thomas Glover, seconded by Janice Meyer. The minutes from the November 15, 2013 meeting were approved unanimously. All seven members voted in favor: Barry Stumbo, Joseph Smith, Janice Meyer, James Griggs, Noel White, Thomas Glover, and Kathryn Moore.

Case C-2013-62: Postponement of K. Wesley Farley's Conditional Use Permit Appeal 1:01

Motion by Kathryn Moore, seconded by Noel White. The postponement of K. Wesley Farley's conditional use permit appeal for retail sale of antiques and home furnishings in the I-1 zone at 573–575 Maryland Avenue was approved unanimously by all seven members.

Case C-2013-74: Barbara Dale's Family Child Care Conditional Use Permit 8:37

Motion by Janice Meyer, seconded by Kathryn Moore. Approval of Barbara Dale's conditional use permit for family child care for up to 12 children in the R-1C zone at 4189 Forsythe Drive passed unanimously. Seven conditions were imposed, including operation hours of 6:00 am to 6:00 pm Monday through Friday, requirements for necessary permits and fencing outside the floodplain, compliance with Kentucky Cabinet for Health and Family Services regulations, and a requirement that the conditional use become null and void if the applicant no longer resides at the location.

Case C-2013-78: Elna Marie Phillips' Family Child Care Conditional Use Permit 10:49

Motion by Kathryn Moore, seconded by Joseph Smith. Approval of Elna Marie Phillips' conditional use permit for family child care for up to 12 children in the M-1P zone at 423 Fairdale Drive passed unanimously. Four conditions were imposed regarding compliance with the submitted application, obtaining necessary permits prior to serving more than six children, compliance with state regulations, and nullification if the applicant no longer resides at the location.

Case C-2013-79: Center Point Church's Conditional Use Permit 12:01

Motion by Noel White, seconded by Thomas Glover. Approval of Center Point Church's conditional use permit to establish a church in the B-3 zone at 1300 E. New Circle Road passed unanimously. Three conditions were imposed regarding compliance with the submitted application, obtaining necessary permits, and requiring Board approval for any future expansion.

Case V-2013-77: Neptali Diaz's Variance Appeal 14:15

Motion by Thomas Glover, seconded by James Griggs. Approval of Neptali Diaz's variance appeal to reduce the required side yard from 8 feet to 1.5 feet in the R-1C zone at 1910 Picadilly Street passed unanimously. Two conditions were imposed requiring building permits with utility company encroachment agreements and completion of all permits within four months.

Public Comment

K. Wesley Farley 1:01 Mr. Farley requested a postponement of his conditional use permit appeal. He indicated the need for additional time to amend his application to include a variance and to better prepare his supporting materials.

Mr. Emmons 2:01 Mr. Emmons informed the board that the appeal for Central KY United, Inc. had been withdrawn by the applicant, requiring no further board action.

Mr. Emmons 7:34 Mr. Emmons provided a staff update regarding Barbara Dale's submission, clarifying that no new letters had been received since the November meeting. He noted that the only new submission was Ms. Dale's response to the prior packet.

Mr. Emmons 10:17 Mr. Emmons clarified a zoning designation matter, explaining that "Mobile Home Park" is the legal title of the M-1P zone and not a stylistic emphasis.

Mr. Emmons 14:51 Mr. Emmons concluded the public comment period by thanking the board for their service and extending holiday greetings, wishing them a Merry Christmas and Happy Holidays.

Attendance

The meeting was called to order at 1:30 p.m. in the Council Chambers 0:00. All listed members were present, with the exception of Neptali Diaz, who arrived late.

Approval of Minutes

The minutes from the November 15, 2013 meeting were presented for approval. 3:35

Thomas Glover moved to approve the minutes, and Janice Meyer seconded the motion. The minutes were approved unanimously.

Postponement or Withdrawal of Scheduled Business Items

1:01

Two items were addressed during this portion of the meeting regarding postponement and withdrawal of scheduled business.

K. Wesley Farley requested a postponement of his conditional use application. The board unanimously approved the postponement, with the matter rescheduled for January 31, 2014.

Additionally, Central KY United, Inc. was noted as having withdrawn their appeal from the scheduled business items.

No Discussion Items

2:32

The board confirmed that there were no items designated as requiring no discussion. All cases under consideration were subject to review or had objections raised, meaning each item required full board attention and deliberation.

Variance Appeals

The board heard a variance appeal from Neptali Diaz requesting a reduction in side yard requirements from 8 feet to 1.5 feet. 12:31

Key speakers on this matter included Neptali Diaz, James Griggs, and Thomas Glover.

The board approved Diaz's variance appeal, subject to two conditions:

• An encroachment agreement must be obtained
• Permit timelines must be met as specified

The approval allows the applicant to proceed with the reduced side yard setback of 1.5 feet rather than the standard 8-foot requirement.

Conditional Use Appeals

The board considered and approved three conditional use appeals during this agenda item.

Applicants and Approvals:

The board approved conditional use appeals for the following:

• Barbara Dale — family child care in an R-1C zone
• Elna Marie Phillips — family child care in an M-1P zone
• Center Point Church — church use in a B-3 zone

Each approval was granted subject to specific conditions established by the board.

Key Participants:

The discussion involved applicants Barbara Dale and Elna Marie Phillips, as well as board members Jeff DeMoss, Janice Meyer, Kathryn Moore, Noel White, Thomas Glover, and James Griggs.

Outcome:

All three conditional use appeals were approved by the board.

4:09

Board Items

No board members presented any items for discussion during this agenda item. 14:51

Staff Items

14:51

No staff items were presented for discussion during this portion of the meeting. Mr. Emmons offered holiday greetings to the board, concluding this agenda item.

Next Meeting Date

The next meeting was announced to be held on January 31, 2014. 15:25

Thomas Glover provided this announcement to the body.

Adjournment

The meeting was adjourned at 1:54 p.m. following the completion of all business on the agenda. 15:25