Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on January 31, 2014, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Chairman Barry Stumbo presiding. The board considered 12 agenda items, taking 14 motions and votes throughout the session while hearing 4 public comments. The meeting resulted in 10 approvals, 2 withdrawals, and addressed a range of zoning matters including variances for side yard reductions, parking increases, conditional use permits for commercial and religious purposes, and administrative appeals.

Attendance

Present: Barry Stumbo, Joseph Smith, Janice Meyer, James Griggs, Thomas Glover, Casey Kaucher, Chuck Saylor, Jim Marx, Tracy Jones, Barbara Rackers, Jimmy Emmons, Tammye McMullen, and Chris King.

Absent: Noel White and Kathryn Moore.

Late: None.

Votes and Decisions

Approval of Minutes

The Board approved minutes from two previous meetings by unanimous vote. Minutes from November 22, 2013 were approved on motion by Mr. Griggs, seconded by Mr. Smith 8:06. Minutes from December 13, 2013 were approved on motion by Ms. Meyer, seconded by Mr. Glover 8:37.

Variance Approvals

V-2014-5: Approval of variance for Stephen Leachman to reduce side yard on north and south property lines from 25 ft to 9'5" and 24 ft respectively passed unanimously on motion by Ms. Meyer, seconded by Mr. Griggs 18:48. Six conditions were imposed, including that the property be developed no closer to the northern property line than 9 feet 5 inches, and that a building permit be applied for within three months of approval.

V-2014-6: Approval of variance for Dale Torok to reduce required side street side yard from 20 ft to 5 ft to rebuild and expand detached garage passed unanimously on motion by Mr. Griggs, seconded by Mr. Glover 20:12. Two conditions were imposed regarding site plan compliance and permit requirements.

V-2014-7: Approval of variance for Zahra Tavakoli/Eric Ostertag to increase maximum allowable parking from 3 to 4 spaces in Infill and Redevelopment Area passed unanimously on motion by Ms. Meyer, seconded by Mr. Glover 21:51. One condition required obtaining a building permit prior to garage construction.

V-2014-8: Approval of multiple variances for Chingchun Chang to construct apartment building in Infill and Redevelopment Area in High Rise Apartment (R-5) zone passed on roll call vote with 4 ayes and 1 nay 32:33. Voting in favor were Barry Stumbo, Joseph Smith, Janice Meyer, and Thomas Glover. James Griggs voted against. Motion was by Mr. Glover, seconded by Mr. Smith. Three conditions were imposed regarding site plan compliance, permits, and administrative action record plat submission.

Conditional Use Permits and Administrative Appeals

CV-2013-62: Approval of conditional use permit for K. Wesley Farley to operate retail sale of antiques and home furnishings in Light Industrial (I-1) zone, and variance to reduce required parking from 5 to 3 spaces passed unanimously on motion by Mr. Griggs, seconded by Mr. Glover 34:52. Four conditions were imposed.

C-2014-2: Approval of conditional use permit for Maxwell Street Presbyterian Church to operate coffee house as part of existing church use in High Density Apartment (R-4) zone passed unanimously on motion by Mr. Glover, seconded by Ms. Meyer 36:00. Four conditions were imposed, including operation limited to 7:00 AM to 11:30 PM daily on the first floor only.

C-2014-3: Approval of request to modify conditions from previously approved conditional use for Elizabeth Epperson to extend hours and operate jukebox during business hours in Neighborhood Business (B-1) zone passed unanimously on motion by Mr. Griggs, seconded by Ms. Meyer 37:05. Four conditions were imposed, including extended hours until 3:00 AM and soundproofing requirements.

A-2013-80 and A-2013-81: Two administrative appeals were withdrawn [timestamps: 00:10:53 and 00:11:25].

C-2012-70: Approval of six-month review of conditional use permit for Sims Entertainment Group, LLC passed unanimously on motion by Mr. Griggs, seconded by Mr. Smith 1:59:04. Two new conditions were added: no one under 21 allowed on premises, and another six-month review.

C-2014-1: Approval of conditional use permit for Living Arts & Science Center to expand facility in Planned Neighborhood Residential (R-3) and High Density Apartment (R-4) zone passed unanimously on motion by Mr. Griggs, seconded by Mr. Smith 2:56:42. Three conditions were imposed, including added landscaping on the southeast side.

A-2014-4: Approval of administrative appeal for Quest Community Church to place church entrance sign on separate property in Light Industrial (I-1) and Professional Office (P-1) zone passed unanimously on motion by Mr. Glover, seconded by Mr. Griggs 1:42:35. Three conditions were noted regarding sign classification and public safety benefits.

Public Comment

Four speakers addressed the board on January 31, 2014, raising concerns about two separate matters.

Living Arts & Science Center Expansion

Mick Jeffries, a direct neighbor, spoke at 2:02:08 to oppose the proposed 30-foot-tall addition to the Living Arts & Science Center. He expressed concern that the addition would be positioned too close to his home, blocking natural light and views. Jeffries also stated that the expansion would disrupt the historic character of the residential neighborhood and requested either a design change or relocation of the building.

Tom Kahn, another neighbor, commented at 2:18:26 with similar objections. He characterized the proposed addition as a "giant building" that would be incompatible with the historic neighborhood and would ruin the area's character. Kahn referenced past issues with the center and questioned whether the design was appropriate for the location.

Boone Creek Outdoors and Boone Creek Anglers Club

Mr. Todd spoke at 3:05:15 to request a revocation hearing for Boone Creek Anglers Club. He cited ongoing violations of the 2000 conditional use permit, including unauthorized advertising and operations that exceeded the permitted scope. Todd argued that the board should proceed with a revocation hearing despite an existing court injunction.

Dick Murphy, representing Boone Creek Outdoors, responded at 3:15:40. He stated that the property is operating under the 2000 conditional use permit and is in compliance with the court's injunction. Murphy opposed holding a revocation hearing, arguing that doing so would be procedurally improper and outside the board's jurisdiction.

Contested Items

Living Arts & Science Center Expansion

Neighbors Mick Jeffries and Tom Kahn strongly opposed the proposed expansion of the Living Arts & Science Center. Their concerns centered on the design of the project, its proximity to existing homes, potential loss of light, and the impact on the historic character of the neighborhood. Despite this community opposition, the Board ultimately approved the expansion, but added a landscaping condition to the approval.

Boone Creek Anglers Club Revocation Hearing

A procedural dispute emerged regarding the Board's authority to hold a revocation hearing for the Boone Creek Anglers Club while a court injunction was pending. Staff and legal counsel contended that the revocation process required a report from the administrative official before the Board could proceed. The applicant countered that the Board possessed the authority to act independently. The Board declined to hold the hearing, effectively siding with the procedural requirements raised by staff and legal counsel.

Quest Community Church Sign Appeal

The Board engaged in an extensive and heated discussion over a sign located on a property separate from Quest Community Church. The central disagreement concerned whether the sign should be classified as an advertising sign or an identification sign—a distinction with regulatory implications. After presenting evidence and conducting thorough debate, the Board granted the appeal. The Board's decision was based on the existence of an access easement and public safety considerations related to the sign's placement and function.

Stephen Leachman - Variance to Reduce Side Yard

14:53

Stephen Leachman requested a variance to reduce side yard requirements on both the north and south sides of his property located in the Agricultural Rural (A-R) zone. The variance was necessary to allow him to rebuild a residence on the property.

Staff recommended approval of the variance based on several factors: special circumstances affecting the property, the lack of adverse impact from the proposed reduction, and the property's unique size and location. These circumstances were deemed sufficient to justify a departure from standard side yard setback requirements.

The Board of Adjustment approved the variance request. The approval was granted subject to six conditions that would govern the implementation of the variance and ensure compliance with other applicable regulations and protections.

Outcome: Approved with six conditions

Dale Torok - Variance to Reduce Side Street Side Yard

Case Number: V-2014-6

Dale Torok requested a variance to reduce the required side street side yard setback from 20 feet to 5 feet in order to expand his detached garage. The property is located in a Planned Neighborhood Residential (R-3) zone. 19:36

Presentation and Staff Recommendation

Staff recommended approval of the variance. The recommendation was based on the garage's alignment with existing features on the property and the unique constraints that the property presented. These factors were deemed sufficient to justify the reduction in the required setback distance.

Key Speakers

The discussion involved Dale Torok, the applicant, and Jimmy Emmons, who participated in the Board's deliberation.

Outcome

The Board approved the variance request. The approval was granted with two conditions attached to the decision.

Zahra Tavakoli/Eric Ostertag - Variance to Increase Parking

Zahra Tavakoli and Eric Ostertag requested a variance to increase the allowable number of parking spaces from 3 to 4 spaces on their property located in a Two-Family Residential (R-2) zone. 20:45

Staff Recommendation

Staff recommended approval of the variance based on special circumstances present at the property. The recommendation noted that the applicants had rear alley access and an adjacent 4-car garage, factors that staff determined warranted the increase in allowable parking spaces.

Board Action

The Board approved the variance request. The approval included one condition that the applicants were required to meet.

Variance Details

• Identifier: V-2014-7
• Current allowable parking: 3 spaces
• Requested parking: 4 spaces
• Zoning: Two-Family Residential (R-2)

Chingchun Chang - Multiple Variances for Apartment Building

22:23

Chingchun Chang requested six variances to construct a 6-plex apartment building in a High Rise Apartment (R-5) zone on a narrow lot.

Staff Recommendation

Staff recommended approval of the variances, citing the lot's unique size constraints and the financial hardship that would result from prohibiting development on the property.

Board Action

The Board approved the request by a 4-1 vote. The approval included three conditions on the project.

Key Participants

• Kim Bragg
• Jimmy Emmons

K. Wesley Farley - Conditional Use and Parking Variance

33:42

K. Wesley Farley requested a conditional use permit to operate a retail antique store in a Light Industrial (I-1) zoned area, along with a parking variance to reduce required parking from 5 spaces to 3 spaces.

Staff recommended approval of both requests, noting that the proposed use would have minimal impact on the surrounding area and would make efficient use of the existing space. The Board found the application acceptable and approved both the conditional use permit and the parking variance.

The approval was granted subject to four conditions imposed by the Board.

Sims Entertainment Group, LLC - Six-Month Review

1:46:37

The Board reviewed the conditional use permit for Sims Entertainment Group, LLC, a nightclub with live entertainment that had been approved in 2012 with a mandatory six-month review condition.

Key Speakers

Al Grash and Sally Warfield participated in the discussion of this agenda item.

Board Action

The Board approved the conditional use permit with modifications. Two new conditions were added to the permit:

• No underage parties
• A follow-up review scheduled for six months

Context

The original conditional use permit for the nightclub had been granted in 2012 with the requirement that it be reviewed after six months of operation. This review represented the Board's evaluation of how the business had operated under its conditional approval and whether any adjustments to the permit conditions were necessary.

Living Arts & Science Center - Conditional Use Expansion

The Living Arts & Science Center requested a conditional use permit to expand its facility located in areas zoned as Planned Neighborhood Residential (R-3) and High Density Apartment (R-4). 2:00:11

Key Speakers and Presentation

The discussion involved Chris Howard, Heather Lyons, and Martin Primer.

Concerns Raised

Neighbors opposed the expansion, raising concerns about the design of the proposed facility and its proximity to residential areas.

Board Decision

The Board approved the conditional use permit with three conditions. The approval included a requirement for added landscaping as part of the expansion project.

Maxwell Street Presbyterian Church - Conditional Use for Coffee House

Maxwell Street Presbyterian Church requested a conditional use permit to operate a coffee house as part of its existing operations in a High Density Apartment (R-4) zone 35:25.

Staff Recommendation

Staff recommended approval of the conditional use permit, finding that the proposed coffee house would have minimal impact on the surrounding area and was compatible with the neighborhood character.

Board Action

The Board approved the conditional use permit with four conditions attached to the approval.

Key Participants

Nick Nicholson was a key speaker during the discussion of this agenda item.

Elizabeth Epperson - Modify Conditional Use Conditions

36:33

Elizabeth Epperson requested approval to modify the conditions of her previously approved conditional use permit. The modification sought to extend operating hours and add a jukebox to her business operations.

Staff reviewed the request and recommended approval, finding that the proposed changes would have minimal adverse impact on the surrounding area.

The Board considered the staff recommendation and approved the request. The approval included four conditions that Epperson must meet as part of the modified conditional use permit.

Outcome: Approved with four conditions

Steve Perry - Administrative Appeal Withdrawal

10:53

Steve Perry withdrew his administrative appeal regarding a note on a record plat for property located in a High Density Apartment (R-4) zone. Staff confirmed the withdrawal, noting that the matter did not require Board action to proceed.

Steven F. House - Administrative Appeal Withdrawal

Case Number: A-2013-81

Overview

Steven F. House withdrew his administrative appeal regarding a garage/barn structure on his property in a Single Family Residential (R-1B) zone. The structure exceeded the allowable square footage limits for the zoning designation.

Key Speaker

Steven F. House presented the withdrawal.

Outcome

The appeal was withdrawn. Mr. House stated that he planned to tear down the garage/barn structure.

Transcript Location

11:25

Quest Community Church - Administrative Appeal for Sign

Quest Community Church appealed a determination that a church entrance sign located on a separate property constitutes an off-premise sign. 1:40:03

Key Speakers and Presentation

The discussion involved Tony Barrett, Jimmy Emmons, Roger Holland, and Pastor Dave Griffin.

Debate and Issues

The Board engaged in debate regarding zoning interpretation and precedent related to the sign's classification. The central question was whether the sign should be classified as an off-premise sign, which would have different regulatory implications than an identification sign.

Outcome

The Board granted the appeal. The Board found that the sign was more appropriately characterized as an identification sign rather than an advertising sign, thereby allowing the church to maintain the sign on the separate property.