Board of Adjustment meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on May 30, 2014, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Chair Barry Stumbo presiding. The board considered 10 agenda items, taking 12 motions and votes throughout the meeting while hearing 4 public comments. The agenda included six variance appeals and four conditional use permit matters. Of the variance appeals, four were approved—for Solomon Van Meter (setbacks and driveway), Paul Schwartz (front yard reduction), SCW Newtown, LLC (fence height), and Jimmy Brashear & Gay Kanai (I-1 zone)—while one was denied for Diane Wilson (front yard fence height). On conditional use permits, the board approved amendments for Commonwealth Baptist College and Cohen Realty Investments, approved a temporary structure permit for IAMAW, District 27, and postponed matters for both Lexington Friends Meeting and Keeneland Association.

Attendance

The following individuals were present at the meeting on May 30, 2014:

• Barry Stumbo
• Janice Meyer
• Thomas Glover
• James Griggs
• Noel White
• Larry Forrester
• Kathryn Moore
• Casey Kaucher
• Chuck Saylor
• Jim Marx
• Tracy Jones
• Bill Sallee
• Jimmy Emmons
• Stephanie Cunningham

No absences or late arrivals were recorded.

Votes and Decisions

The Board took the following actions on May 30, 2014:

Minutes Approvals

• Approval of minutes from January 31, 2014, moved by Mr. Griggs and seconded by Mr. Glover, passed unanimously 19:31
• Approval of minutes from March 28, 2014, moved by Ms. Meyer and seconded by Mr. Griggs, passed unanimously 20:02

Postponements

• Case C-2014-35 (Keeneland Association conditional use permit appeal), moved by Ms. White and seconded by Ms. Moore, postponed unanimously 17:48
• Case C-2014-10 (Lexington Friends Meeting conditional use permit appeal), moved by Ms. Moore and seconded by Ms. Meyer, postponed unanimously 18:55

Variances Approved

• Case V-2014-32 (Paul Schwartz front yard variance from 30 ft to 0 ft for off-street parking), moved by Mr. Griggs and seconded by Ms. Meyer, passed unanimously 26:37
• Case V-2014-37 (SCW Newtown, LLC front yard fence height variance from 4 ft to 6 ft), moved by Ms. White and seconded by Mr. Glover, passed unanimously 27:39
• Case V-2014-23 (Solomon Van Meter setback variances approved; driveway width variance disapproved), moved by Mr. Glover and seconded by Ms. Moore, passed unanimously 1:11:07
• Case V-2014-39 (Jimmy Brashear and Gay Kanai variances to reduce front yard, side yard, and parking in I-1 zone), moved by Mr. Griggs and seconded by Mr. Glover, passed unanimously 2:24:26

Variance Disapproved

• Case V-2014-30 (Diane Wilson front yard fence height variance from 4 ft to 8 ft), moved by Ms. Moore and seconded by Ms. Meyer, disapproved unanimously 1:34:16

Conditional Use Permits Approved

• Case C-2014-33 (Commonwealth Baptist College conditional use permit amendment for parking and basketball courts), moved by Ms. Meyer and seconded by Ms. Moore, passed unanimously 28:42
• Case C-2014-34 (Cohen Realty Investments conditional use permit amendment), moved by Ms. Moore and seconded by Mr. Glover, passed unanimously 29:59
• Case C-2014-31 (IAMAW, District 27 conditional use permit for temporary structure in B-1 zone), moved by Ms. Meyer and seconded by Mr. Glover, passed unanimously 2:26:38

Public Comment

Four members of the public provided comments on two proposed projects during the meeting.

Diane Wilson's Fence Variance

Patrick Schneider 1:25:20 expressed strong opposition to the proposed fence, stating it would set a bad precedent and be unsightly. He emphasized the importance of neighborhood harmony and aesthetics.

Amy Clark 1:28:03 also opposed the fence variance, supporting the zoning ordinance's 4-foot fence limit. She argued that the limit preserves neighborhood character and civility, and expressed concern about the potential for conflict over property boundaries.

Jimmy Brashear's Development

Stephen Vickroy 1:36:02 raised concerns about the proposed building's compliance with regulations. He argued that the building would violate sight triangle regulations and pose safety risks to both pedestrians and vehicles. He also questioned the zoning compliance of the proposed mixed-use structure.

Doug Ball 2:11:00 focused on safety concerns related to the building's proximity to the intersection. He claimed the structure would obstruct sight lines for emergency vehicles and large trucks, and argued that it was out of character for the area.

Appointments

Larry Forrester was appointed to the Urban County Board of Adjustment.

Contested Items

The meeting on May 30, 2014 included two significant contested items that generated substantial community opposition.

Jimmy Brashear's Development

This proposal sparked heated discussion among attendees. Multiple neighbors and property owners presented detailed arguments against the project, raising concerns about safety, sight line obstruction, and zoning compliance. The opposition was substantial enough to be characterized as significant, with several speakers voicing their objections during the meeting.

Diane Wilson's Fence Variance

The fence variance request generated community opposition from multiple neighbors. Opponents cited concerns about neighborhood character and aesthetics, and raised questions about the precedent the approval might set. Despite the applicant's claims regarding neighbor disputes as justification for the variance, the community members present expressed their objections to the proposal.

Solomon Van Meter - Variance Appeal for Setbacks and Driveway

1:10:00

Solomon Van Meter requested variances to modify setback requirements and driveway width for a property where he planned to replace an existing duplex with a single-family home. The variance application (V-2014-23) sought reductions to front, rear, and side yard setbacks, as well as an increase to the driveway width.

Staff Recommendation

Staff recommended approval of the setback variances but recommended disapproval of the driveway variance. Safety concerns were cited as the basis for recommending against the driveway width increase.

Board Action

The Board approved the setback variances as recommended by staff. However, the Board upheld staff's recommendation and disapproved the driveway variance due to the safety concerns that had been raised.

Key Speakers

• Solomon Van Meter (applicant)
• Jimmy Emmons

The outcome of this variance appeal was partially approved, with the setback modifications granted to allow the single-family home construction while the driveway expansion was denied.

Diane Wilson - Variance Appeal for Front Yard Fence Height

Case Number: V-2014-30

Diane Wilson requested a variance to increase the height of her front yard fence from 4 feet to 8 feet. According to the applicant, the variance was needed due to ongoing neighbor disputes. 1:12:15

Staff Recommendation

Staff recommended disapproval of the variance request. The recommendation was based on the determination that the applicant had not demonstrated special circumstances warranting the variance, and that an 8-foot front yard fence would be out of character with the surrounding neighborhood.

Board Decision

The Board unanimously denied the variance appeal for the front yard fence height increase.

Paul Schwartz - Variance Appeal for Front Yard Reduction

Identifier: V-2014-32

Paul Schwartz requested a variance to reduce the front yard setback from 30 feet to 0 feet to accommodate off-street parking. 23:11

Presentation and Recommendation

Staff recommended approval of the variance with two conditions. The applicant and Jimmy Emmons were the key speakers during the discussion of this item.

Board Action

The Board approved the variance request with the conditions recommended by staff.

SCW Newtown, LLC - Variance Appeal for Fence Height

Case Number: V-2014-37

Overview

SCW Newtown, LLC requested a variance to increase the height of a front yard fence from 4 feet to 6 feet for security purposes. 27:08

Key Speakers

• William R. Sutherland
• Jimmy Emmons

Staff Recommendation

Staff recommended approval of the variance with six conditions.

Board Action

The Board approved the variance request with the six conditions as recommended by staff.

Commonwealth Baptist College - Conditional Use Permit Amendment

Identifier: C-2014-33

Commonwealth Baptist College sought to amend its conditional use permit to include parking and basketball courts. 28:42

Key Speakers: - Leon M. Dunn - Jimmy Emmons

Staff Recommendation: Staff recommended approval of the amendment with seven conditions.

Board Action: The Board approved the conditional use permit amendment with the seven recommended conditions.

Outcome: Approved

Cohen Realty Investments - Conditional Use Permit Amendment

Identifier: C-2014-34

Overview

The Board considered an amendment to a conditional use permit for Cohen Realty Investments involving modifications to a site plan and conditions for an extended-stay hotel. 29:59

Key Speakers

• Jason Morgan
• Jimmy Emmons

Staff Recommendation

Staff recommended approval of the amendment subject to twelve conditions.

Board Action

The Board approved the conditional use permit amendment with the twelve conditions as recommended by staff.

Outcome

Approved

IAMAW, District 27 - Conditional Use Permit for Temporary Structure

Agenda Item: C-2014-31

The Board considered a conditional use permit application from IAMAW, District 27 for a temporary office trailer 2:26:02.

Application and Staff Recommendation

The applicant sought approval for a temporary structure in the form of an office trailer. Staff reviewed the application and recommended approval of the conditional use permit, subject to three conditions.

Key Speakers

The discussion involved Matt Lynch and Jimmy Emmons.

Board Action

The Board approved the conditional use permit with the three conditions recommended by staff.

Lexington Friends Meeting - Conditional Use Permit Amendment

Item C-2014-10

The Board considered a conditional use permit amendment for Lexington Friends Meeting to expand church operations to include childcare services and a play area. 18:22

Presentation and Recommendation

Staff recommended approval of the amendment with conditions. The applicant sought to add childcare and recreational facilities to the existing church use.

Key Participants

Bruce Simpson and Jimmy Emmons were the primary speakers during discussion of this item.

Outcome

The Board postponed the item for 30 days, deferring a final decision on the conditional use permit amendment.

Keeneland Association - Conditional Use Permit Expansion

Identifier: C-2014-35

Keeneland Association requested approval for a conditional use permit expansion involving a new structure and parking facilities. 16:46

Presentation and Discussion

Bruce Simpson and Jimmy Emmons were the key speakers during consideration of this agenda item. Staff reviewed the expansion proposal and recommended approval subject to specified conditions.

Outcome

The Board postponed the item for 60 days rather than voting on the application at this meeting.

Jimmy Brashear & Gay Kanai - Variance Appeal for I-1 Zone

1:35:26

The Board considered variance request V-2014-39 from Jimmy Brashear and Gay Kanai for a light industrial (I-1) zone property. The applicants sought variances to reduce front and side yard setbacks and to reduce parking requirements on the property.

Staff presented a recommendation for approval of the requested variances, subject to two conditions. James Brashear and Jimmy Emmons were the key speakers during the discussion of this item.

The Board voted to approve the variances as recommended by staff, with the two conditions attached to the approval.