Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on April 25, 2014, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky. Vice-Chair Kathryn Moore presided over the meeting, which included seven agenda items and resulted in 14 motions and votes. The board approved the minutes from the previous meeting and considered variance appeals and conditional use appeals, both of which were approved. The meeting included nine public comments from members of the public. The board addressed attendance, reviewed any postponements or withdrawals of scheduled business, and noted that there were no discussion items requiring additional consideration before adjourning.

Attendance

Present: Kathryn Moore, Janice Meyer, James Griggs, Thomas Glover, Noel White, Casey Kaucher, Chuck Saylor, Jim Marx, Tracy Jones, Bill Sallee, Jimmy Emmons, and Tammye McMullen

Absent: Barry Stumbo

Late: None

Votes and Decisions

The Board unanimously approved 11 motions and postponed 2 items during this meeting.

Variance Approvals

The Board approved the following variances by unanimous vote (5-0):

• V-2014-19 [00:15:52]: Peter Tate variance to reduce side yard from 18 inches to 6 inches and rear yard from 20 feet to 8 feet. Voted by Kathryn Moore, Janice Meyer, Thomas Glover, and Noel White (4-0).

• V-2014-22 [00:17:49]: Melissa Ball variance to reduce front yard from 300 feet to 140 feet.

• V-2014-24 [00:18:19]: Gary A. Huff variance to reduce front yard from 10 feet to 8 feet for deck construction.

• V-2014-25 [00:20:29]: Suzanne Froelich variance to reduce side yard from 3 feet to 1.5 feet for heat pump placement.

• V-2014-26 [00:21:33]: J & R Construction variance to reduce side yard from 10 feet 3 inches to 5 feet 4 inches for home addition.

• V-2014-27 [00:23:39]: Big Blue Rentals, LLC variance to reduce front yard from 20 feet to 9 feet for two additional parking spaces.

• V-2014-28 [00:28:47]: Djuan White variance to reduce front yard from 30 feet to 4 feet for front porch.

• V-2014-29 [00:32:44]: Patrick B. & Lisa A. Smith variances to reduce front yard from 30 feet to 15 feet for in-ground pool and increase fence height from 4 feet to 6 feet.

• V-2014-18 [00:36:06]: Mitchell Construction Management variance to reduce side yard from 17.5 feet to 10.5 feet and second side yard from 1.5 feet to 0 feet.

Conditional Use Permits

• C-2014-12 [00:34:16]: Fotios Moraitis conditional use permit to operate pawn shop in B-3 zone. Approved 5-0.

• C-2014-14 [02:20:55]: Bill Mead conditional use permit to operate botanical garden in A-R zone. Approved 5-0.

• C-2014-15 [03:13:25]: Tim Huber/Ramsey Development conditional use permit to establish assisted living center in R-3 zone. Approved 5-0.

Postponements

• V-2014-23 [00:38:56]: Solomon Van Meter variance appeal postponed by unanimous vote (5-0).

• C-2014-21 [05:07:03]: Solar Eclipse LLC conditional use permit for parking lot in R3 zone continued by unanimous vote (5-0).

Public Comment

Nine residents provided public comment on the proposed development project.

Privacy and Quality of Life Concerns

Lewis Harrison 4:18:29 expressed concern about losing privacy and quality of life due to the proposed parking lot and detention basin, which would be visible from his backyard and could lead to increased crime and safety issues.

Environmental and Drainage Issues

Tanya Bell 4:22:22 warned that removing green space and trees would cause stormwater to flow into her backyard, potentially flooding her home, based on past experiences with similar developments. Robin Wilkinson 4:31:59 highlighted that removing trees would eliminate the natural buffer against noise from Harrodsburg Road, increasing noise levels in the neighborhood.

Child Safety

Malia Hoard 4:24:30 raised concerns about the safety of children in the neighborhood, noting that the area is a popular gathering spot and that the parking lot could attract criminal activity. Meredith Hall 4:33:06 stressed the importance of preserving green space for children's safety and development, emphasizing that the neighborhood has been a safe haven for families.

Traffic and Legal Concerns

Linda Richardson 4:28:20 questioned the legality of the proposed driveway access on Harrodsburg Road, citing a city ordinance requiring 1,600 feet between access points.

Loss of Green Space

Debbie Snyder 4:30:25 expressed sadness over the loss of green space that has been instrumental in her family's upbringing and the neighborhood's character.

Community Engagement and Development History

Michael Walsh 4:34:15 provided context on the neighborhood's history of active engagement in development decisions and noted that residents of Palomar Trace Drive have consistently supported development that maintains neighborhood character.

Developer Response

Jim Baker 4:41:46 clarified that he had no intention of circumventing neighborhood agreements and had personally contacted affected neighbors, including Mr. Harrison, to discuss the development.

Appointments

Joseph Smith resigned from the Planning Commission.

Contested Items

Three conditional use permits generated significant discussion and disagreement during this meeting.

Conditional Use Permit for Solar Eclipse LLC

Residents of Harrods View and Sally Drive strongly opposed the proposed parking lot and detention basin project. Community members raised concerns about flooding, loss of green space, safety, and traffic impacts. Due to the level of opposition and need for further discussion, the board continued the case rather than voting on approval at this time.

Conditional Use Permit for Bill Mead

The board engaged in a detailed debate over a proposed botanical garden in an agricultural zone. The central disagreement focused on the precedent-setting implications of approving this use. Board members expressed concerns about how approval might affect future requests for recreational uses in agricultural areas and questioned the environmental impact of the project.

Conditional Use Permit for Tim Huber/Ramsey Development

The board was divided on whether to approve an assisted living center proposal. The disagreement centered on conditions related to street connectivity requirements. Despite the split among board members, the permit was ultimately approved with a condition that allows for future changes to be made by the Planning Commission, rather than requiring a new conditional use permit process.

Attendance

7:00

Vice-Chair Kathryn Moore called the meeting to order and noted attendance.

Members Present: - Vice-Chair Kathryn Moore - Janice Meyer - James Griggs - Thomas Glover - Noel White

Members Absent: - Chairman Barry Stumbo

Personnel Changes:

Joseph Smith was recognized for his resignation from the Board of Adjustment to join the Planning Commission.

Approval of Minutes

9:15

A motion to approve the minutes from the February 28, 2014 meeting was presented. Mr. Griggs made the motion, and Mr. Glover seconded it. The motion carried unanimously.

Postponement or Withdrawal of Scheduled Business

Vice-Chair Kathryn Moore announced that any person with an appeal before the Board could request postponement or withdrawal at this time 10:18. No such requests were made during this portion of the meeting.

No Discussion Items

10:50

Vice-Chair Kathryn Moore inquired whether any agenda items required no discussion. No items were identified as requiring no discussion.

Variance Appeals

15:21

The Board reviewed several variance appeals during this agenda item. The appeals included requests to reduce side and rear yards, front yards, and fence heights.

Mr. Emmons and Mr. Sallee were the key speakers during the discussion of these variance requests.

Staff recommended approval for most of the variance appeals under consideration. However, one appeal was postponed due to design concerns that required further review before the Board could move forward with a decision.

The overall outcome of the variance appeals discussion was approval, with the exception of the appeal that was deferred pending resolution of the design issues identified by staff.

Conditional Use Appeals

The Board considered conditional use appeals for four properties during this agenda item. 33:16

Properties Reviewed

The Board addressed conditional use appeals for the following: - A pawn shop - A botanical garden - An assisted living center - A parking lot

Key Speakers

The discussion involved Mr. Emmons, Mr. Sallee, and Ms. Westover.

Outcomes

• Botanical garden: Approved with conditions
• Assisted living center: Approved with conditions
• Parking lot: Continued for further discussion
• Pawn shop: Status not specified in available information

The Board's approval of the botanical garden and assisted living center included specific conditions that applicants must meet. The parking lot appeal was not finalized during this meeting and was scheduled for continued discussion at a future date.

Adjournment

The meeting concluded with a brief discussion led by Mr. Emmons regarding upcoming initiatives 5:08:16. The remarks focused on two informational items: upcoming training and a livable community summit.

No formal debate or concerns were raised during this closing segment. The discussion served an informational purpose, providing attendees with notice of future events before the meeting was adjourned.