Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment Planning Services Section convened on June 27, 2014, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Thomas Glover presiding as the meeting officer. The board addressed five agenda items, all consisting of variance and conditional use appeals from various applicants including individuals and organizations seeking approval for their proposed projects or modifications. During the session, the board conducted nine motions and votes while hearing no public comments from attendees. All five appeals brought before the board were ultimately approved, demonstrating a productive meeting where each applicant successfully obtained the necessary approvals for their respective variance or conditional use requests.

Attendance

The following members were present at the meeting on June 27, 2014:

• Thomas Glover
• Larry Forester
• Janice Meyer
• James Griggs

The following members were absent:

• Barry Stumbo
• Noel White
• Kathryn Moore

Jimmy Emmons arrived late to the meeting.

Votes and Decisions

The board took action on nine items during the June 27, 2014 meeting, with four members present: Thomas Glover, Larry Forester, Janice Meyer, and James Griggs.

Meeting Minutes Approval Thomas Glover motioned to approve the minutes from the May 30, 2014 meeting, seconded by Janice Meyer. The motion passed unanimously 4-0.

Postponements Three items were postponed by unanimous votes: • C-2014-21: Solar Eclipse, LLC's appeal for a conditional use permit was postponed on a motion by James Griggs, seconded by Janice Meyer (4-0). • C-2014-10: Lexington Friends Meeting's appeal for a conditional use permit was postponed on a motion by Janice Meyer, seconded by James Griggs. This vote was 3-0 with one abstention. • C-2014-43: Eric Moberly's appeal for a conditional use permit for an athletic facility was postponed on a motion by James Griggs, seconded by Larry Forester (4-0).

Approvals Five applications were approved unanimously: • V-2014-48: Bill & Amy Coleman's variance to reduce side yard requirements for fence installation was approved on a motion by Janice Meyer, seconded by Larry Forester (4-0), subject to five staff-recommended conditions. • C-2014-36: South Elkhorn Christian's conditional use permit to operate a child care facility was approved on a motion by James Griggs, seconded by Larry Forester (4-0), subject to four recommended conditions. • C-2014-38: Tina Moore's conditional use permit for family child care was approved on a motion by Janice Meyer, seconded by James Griggs (4-0), subject to four staff conditions. • C-2014-41: First Bracktown, Inc.'s conditional use permit to increase child care enrollment was approved on a motion by Larry Forester, seconded by Janice Meyer (4-0), subject to three conditions. • C-2014-45: L'Escalade Fitness, Inc.'s conditional use permits were approved on a motion by James Griggs, seconded by Larry Forester (4-0), subject to conditions with a revision to condition #9.

Contested Items

The meeting featured one contested item that generated community opposition and scheduling disagreements.

Veteran's Lounge Conditional Use Permit

A dispute arose over the timing of a conditional use permit application for a Veteran's Lounge. The Meadowthorpe Neighborhood Association requested that the case be postponed to allow additional time for discussion with the applicants regarding their proposal. However, the applicants opposed any delay, citing pressing deadlines that required the case to proceed as scheduled.

The disagreement centered on balancing community input processes against the applicants' time constraints. The neighborhood association sought more opportunity for dialogue and review of the proposed veteran's facility, while the applicants maintained that postponement would jeopardize their project timeline and potentially compromise their ability to move forward with the development.

This conflict highlighted the ongoing tension between ensuring adequate community engagement in land use decisions and accommodating applicants' business and regulatory deadlines. The outcome of this scheduling dispute and whether the case proceeded or was postponed was not specified in the available meeting materials.

Variance Appeal by Bill & Amy Coleman

The board considered variance appeal V-2014-48 submitted by Bill & Amy Coleman, seeking permission to reduce the required side yard setback from 3 feet to 0 feet for fence installation on their property located in a Planned Neighborhood Residential (R-3) zone.

Paul Saburn served as the key speaker presenting information regarding this variance request. The Colemans were requesting relief from standard zoning requirements that mandate a minimum 3-foot side yard setback for structures, including fences, in R-3 zoned areas.

The specific variance would allow the property owners to install a fence directly on their property line with zero setback from the side yard boundary. This type of variance is typically requested when property owners face practical difficulties in meeting standard setback requirements due to lot configuration, existing structures, or other site-specific constraints.

Following the presentation and any discussion of the merits of the variance request, the board voted to approve V-2014-48. The approval grants the Colemans permission to proceed with their fence installation at the reduced setback, allowing them to place the fence at the property line rather than maintaining the standard 3-foot buffer required by zoning regulations.

The successful variance appeal enables the property owners to move forward with their fencing project while providing an exception to the standard residential zoning requirements for their specific circumstances.

Conditional Use Appeal by South Elkhorn Christian

The council considered agenda item C-2014-36, an appeal by South Elkhorn Christian for a conditional use permit to operate a child care facility in conjunction with their church in an Agricultural Urban (A-U) zone.

Kimberly Skidmore served as a key speaker during the discussion of this conditional use appeal.

The proposal involved allowing South Elkhorn Christian to establish and operate a child care facility as part of their existing church operations within the Agricultural Urban zoning district. This type of conditional use requires special approval as child care facilities are not automatically permitted uses in A-U zones, even when associated with religious institutions.

The council ultimately approved the conditional use appeal, granting South Elkhorn Christian permission to move forward with their child care facility plans. This approval allows the church to expand their community services by providing child care in addition to their regular religious activities, while operating within the parameters of the Agricultural Urban zoning requirements.

The approval of this conditional use permit enables the church to serve families in their community through expanded programming while maintaining compliance with local zoning regulations that govern land use in agricultural urban areas.

Conditional Use Appeal by Tina Moore

The council considered agenda item C-2014-38, an appeal by Tina Moore for a conditional use permit to operate a family child care facility for up to 12 children in a Single Family Residential (R-1D) zone.

William Moore spoke on behalf of the application during the proceedings. The appeal sought permission to provide family child care services that would exceed the typical residential use allowed in the R-1D zoning district.

The conditional use permit would allow the Moore family to care for up to 12 children in their residential property, which requires special approval due to the increased activity and potential impacts on the surrounding neighborhood that such a business operation might generate in a single-family residential area.

After consideration of the application and any public input, the council approved the conditional use appeal, granting Tina Moore the permit to operate the family child care facility for up to 12 children at the specified location.

*Note: Specific transcript timestamps are not available for this agenda item.*

Conditional Use Appeal by First Bracktown, Inc.

The City Council considered Ordinance C-2014-41, an appeal by First Bracktown, Inc. for a conditional use permit to expand their child care facility operations. The request sought to increase the allowable number of children at the facility from 199 to 225 children in a Single Family Residential (R-1C) zoning district.

Beth Morton served as a key speaker during the discussion of this agenda item. The appeal represented a request to modify the existing conditional use permit parameters for the child care facility to accommodate additional enrollment capacity.

The proposed increase of 26 additional children would bring the total permitted capacity to 225 children at the facility located in the R-1C zone. Child care facilities in residential zones typically require conditional use permits to ensure compatibility with surrounding single-family residential uses and to address potential impacts such as traffic, parking, and noise.

The City Council approved the conditional use appeal, allowing First Bracktown, Inc. to proceed with the expanded capacity at their child care facility. This approval grants the organization permission to serve up to 225 children under the modified conditional use permit terms.

The successful appeal enables the child care provider to meet increased demand for services while operating within the regulatory framework established for such facilities in residential zoning districts. The approval indicates the Council found the proposed expansion to be compatible with the surrounding R-1C zoned area and consistent with applicable land use standards.

Conditional Use Appeal by L'Escalade Fitness, Inc.

The council considered ordinance C-2014-45, an appeal by L'Escalade Fitness, Inc. for conditional use permits to extend B-1 zone regulations and construct an indoor recreational facility in a B-4 zone.

Deborah Balisky served as a key speaker during the discussion of this agenda item. The appeal sought to allow the fitness company to operate under modified zoning regulations that would permit the construction of their proposed indoor recreational facility in an area zoned for B-4 commercial use by applying certain B-1 zone standards.

The council ultimately approved the conditional use appeal, allowing L'Escalade Fitness, Inc. to proceed with their plans for the indoor recreational facility under the requested zoning modifications.

*Note: Specific transcript timestamps are not available for this agenda item.*