Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment Planning Services Section met on July 25, 2014, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Chairman Barry Stumbo presiding. The board addressed 13 agenda items, including procedural matters, conditional use and appeal applications, and business from various applicants. During the meeting, the board took 10 motions and votes and heard 10 public comments.

The board approved three applications: C-2012-70 for Sims Entertainment Group, LLC (with conditions), A-2014-49 for Cramer Cottage, and A-2014-51 for Antonio Borquez-Perez. Two applications were denied: C-2014-43 for Eric Moberly and C-2014-52 for La Cueva Bar & Grill, LLC. Three items were postponed: C-2014-21 for Solar Eclipse, LLC, C-2014-35 for Keeneland Association, and A-2014-50 for Cornette Integrated Marketing Solutions. One application, A-2014-44 for Rosa Plage, was withdrawn. The board also approved the minutes from the previous meeting and noted that one item of scheduled business was postponed or withdrawn.

Attendance

Present: Barry Stumbo, Thomas Glover, Janice Meyer, Joan Whitman, James Griggs, Casey Kaucher, Chuck Saylor, Jim Marx, Tracy Jones, Mike Sanner, Barbara Rackers, Jimmy Emmons, and Stephanie Cunningham.

Absent: Kathryn Moore and Larry Forester.

Late: None.

Votes and Decisions

All votes taken during the July 25, 2014 meeting passed unanimously with support from Barry Stumbo, Thomas Glover, Janice Meyer, Joan Whitman, and James Griggs.

Minutes Approval 11:45 The board approved the minutes of the April 25, 2014 meeting with a correction on page 15. Janice Meyer moved and Thomas Glover seconded the motion.

Postponements Three items were postponed: - A-2014-50: Cornette Integrated Marketing Solutions was postponed for 30 days 13:15. James Griggs moved and Janice Meyer seconded. - C-2014-21: Solar Eclipse, LLC was postponed for 30 days 14:24. Janice Meyer moved and Thomas Glover seconded. - C-2014-35: Keeneland Association was postponed for 60 days 15:27. James Griggs moved and Thomas Glover seconded.

Withdrawal Acknowledgment 18:44 The board acknowledged the withdrawal of A-2014-44: Rosa Plage. Thomas Glover moved and James Griggs seconded.

Disapprovals Two conditional use permit appeals were disapproved: - C-2014-43: Eric Moberly's conditional use permit appeal 34:43. James Griggs moved and Thomas Glover seconded. - C-2014-52: La Cueva Bar & Grill's conditional use permit appeal 2:35:48. James Griggs moved and Janice Meyer seconded.

Approvals with Conditions - A-2014-49: Cramer Cottage administrative appeal was approved with four conditions 31:32. Thomas Glover moved and Janice Meyer seconded. Conditions required compliance with the Board of Architectural Review, obtaining necessary permits, adherence to historic preservation requirements, and re-striping of the commercial parking lot off Cramer Avenue.

• A-2014-51: Antonio Borquez-Perez administrative appeal (second portion) was approved, finding a banquet facility substantially similar to permitted uses in the B3 zone 3:07:03. Thomas Glover moved and Janice Meyer seconded. The board authorized the Division of Planning to issue a zoning compliance permit for the banquet facility use.

Conditional Use Permit Modification 1:57:07 Sims Entertainment's hours of operation were changed from 8:30 PM to 2:30 AM to 8:30 PM to 1:00 AM, with a revocation hearing scheduled for September 26, 2014, and another six-month review scheduled. Janice Meyer moved and Thomas Glover seconded.

Public Comment

Ten speakers addressed the council during public comment, focusing primarily on concerns about two establishments: Sims Entertainment and La Cueva Bar & Grill.

Sims Entertainment

Sally Warfield presented a police report documenting 25 incidents at Sims Entertainment over six months, an increase from 15 previously, citing violations of the conditional use permit including underage patrons and disorderly conduct. She requested hours be reduced to 1 a.m. and a revocation hearing be scheduled [01:53:27].

Commander Melissa Sedlicek testified that the club consistently draws large crowds and disorders, requiring disproportionate police resources. She stated it is a public nuisance and the only location in her sector causing such issues [01:57:42].

Janie Fergus shared photos showing trash, urine, and disturbances in her front yard. She reported being woken by fights and yelling and expressed safety concerns for herself and elderly neighbors [01:22:17].

Peter Eckebert testified that the bar is out of control, with patrons fighting, urinating in public, and reckless driving. He cited a recent shooting and called for hours to be reduced to 1 a.m. [01:27:14].

Lee Thomas noted that while the club's success draws large crowds creating a nuisance, the owner cannot control external impacts, and supported the opposition [01:31:10].

John Sensenig shared that his staff, mostly women, must clean up trash and condoms from the parking lot. He expressed sympathy for the owner but believed the club is a bad fit for the neighborhood [01:33:18].

Amy Clark argued that the conditional use has had tremendous adverse impact on the neighborhood despite the 100-foot distance requirement and requested a revocation hearing to assess compliance with all conditions [01:34:20].

La Cueva Bar & Grill

Richard Domek presented a petition signed by neighbors opposing the bar due to noise, late-night crowds, and potential for disruptive behavior, citing a past shooting in the area [02:19:34].

Peggy Henson expressed support for staff's recommendation, noting the neighborhood is family-oriented and already has a nightclub (Camelot), and opposed adding another establishment with live entertainment and alcohol [02:25:21].

Susan Griffin shared that she and elderly neighbors are disturbed by people in the alley at night. She cited a murder in the parking lot and expressed concern about the neighborhood's deteriorating character [02:27:27].

Appointments

Joan Whitman was appointed to the Board of Adjustment.

Contested Items

The July 25, 2014 meeting included three significant areas of disagreement among board members and with the public.

Sims Entertainment Hours and Operation

This item generated heated discussion between the board and neighboring residents. Neighbors raised concerns about noise, trash, and public safety issues associated with the business. The applicant requested a six-month review period to address these concerns. However, the board did not grant this request. Instead, the board voted to reduce the operating hours and scheduled a revocation hearing to address the ongoing issues.

La Cueva Bar & Grill Zoning Appeal

The board was divided on this appeal, which centered on whether a banquet facility operating in a B3 zone constituted a use substantially similar to those already permitted in that zone. The split vote reflected disagreement among board members about the appropriate interpretation of zoning regulations. Ultimately, the board approved the appeal. The decision was based on the facility's unique location, which was surrounded by B1 zones, distinguishing it from typical B3 zone uses.

C-2014-51: Antonio Borquez-Perez

This item involved a procedural dispute regarding how to interpret zoning definitions. The board debated whether the definition of a banquet facility should be applied strictly according to code language, or whether the use should be considered substantially similar to other permitted uses within the B3 zone. This definitional disagreement reflected broader questions about how flexibly zoning regulations should be interpreted when evaluating new or modified uses.

Attendance

The meeting was called to order at 1:30 p.m. by Chair Barry Stumbo.

Members Present: - Barry Stumbo - Thomas Glover - Janice Meyer - Joan Whitman - James Griggs

Members Absent: - Kathryn Moore - Larry Forester

Approval of Minutes

The minutes from the April 25, 2014 meeting were presented for approval 11:45.

A correction was made to page 15 of the minutes regarding a statement by Thomas Glover. Following this correction, the minutes were approved unanimously.

Key Participants: - Janice Meyer - Thomas Glover

Outcome: Approved unanimously

Postponement or Withdrawal of Scheduled Business

12:15

The board considered requests for postponement of scheduled business from three entities during this agenda item.

Requests Presented

The board heard postponement requests from: - Cornette Integrated Marketing Solutions - Solar Eclipse, LLC - Keeneland Association

Key Speakers

Emmy Hartley, Dick Murphy, and Chapman Hopkins participated in the discussion of these postponement requests.

Board Action

The board unanimously approved postponements for all three entities: - Cornette Integrated Marketing Solutions: 30-day postponement - Solar Eclipse, LLC: 30-day postponement - Keeneland Association: 60-day postponement

No Discussion Items

No items were identified for immediate action without discussion during this portion of the meeting 18:00.

C-2012-70: Sims Entertainment Group, LLC

The board conducted a six-month review of a conditional use permit for Sims Entertainment Group, LLC, a nightclub operation 35:24.

Speakers and Presentations

The discussion included testimony from Gerald Mack, Sally Warfield, Commander Melissa Sedlicek, Janie Fergus, and Peter Eckebert. Staff presented findings, the applicant provided their perspective, and multiple neighbors offered testimony regarding the operation.

Key Issues and Concerns

The review examined the nightclub's compliance with permit conditions during its first six months of operation. Neighbor testimony indicated concerns significant enough to warrant board action, though specific complaints were not detailed in the summary.

Board Action

The board approved the permit with modified conditions. Operating hours were reduced to 1 a.m. closing time. Additionally, the board scheduled a revocation hearing, indicating the board's intent to further evaluate the conditional use permit at a future date.

C-2014-21: Solar Eclipse, LLC

Discussion Type: Conditional Use Permit Appeal

Key Speakers: Dick Murphy, Chapman Hopkins

Outcome: Postponed

The board discussed a conditional use permit appeal for C-2014-21: Solar Eclipse, LLC regarding a kindergarten/nursery school proposal. 13:51

The board determined that unresolved issues and lack of agreement on key terms prevented moving forward with a decision at this time. Rather than proceeding to a vote, the board chose to postpone the matter to allow for further resolution of outstanding concerns.

C-2014-35: Keeneland Association

14:55

The board discussed a conditional use permit appeal for an events center proposed by Keeneland Association. Chapman Hopkins presented the item to the board.

The board determined that the conditional use permit appeal required postponement due to pending changes related to the Breeders' Cup and the need for further review of the proposal. No additional details regarding specific concerns or debate points were documented in the available materials.

Outcome: The board postponed action on this agenda item.

C-2014-43: Eric Moberly

32:08

The board considered a conditional use permit appeal for Eric Moberly regarding an athletic facility. The discussion involved board members Jimmy Emmons and Gerald Mack.

Outcome

The board disapproved the conditional use permit appeal.

Reasons for Denial

The board cited three primary deficiencies in the application:

• Lack of applicant representation at the meeting
• Missing information regarding the competition scale of the proposed athletic facility
• Failure to provide required data necessary for board review

The absence of the applicant or their representative prevented the board from obtaining clarification on the scope and nature of the athletic facility operations, which was identified as a critical gap in the application materials.

A-2014-44: Rosa Plage

18:44

The board acknowledged the withdrawal of an administrative appeal regarding a non-conforming use at Rosa Plage. The appeal had sought to change the property's use from an upholstery shop to a beauty salon.

Jimmy Emmons addressed the board on this matter. The administrative appeal was withdrawn, and no further action was taken on the proposed use change.

A-2014-49: Cramer Cottage

19:14

The board discussed and approved an administrative appeal regarding a property use change at Cramer Cottage. The appeal sought to convert a barbershop to a home goods store.

Key Speakers

Dick Murphy and Jimmy Emmons were the primary speakers on this agenda item.

Outcome

The board approved the administrative appeal with conditions. The approval requires:

• Parking re-striping at the property
• Compliance with historic preservation rules

The decision was made to allow the change of use from barbershop to home goods store, contingent upon the applicant meeting these specified requirements.

A-2014-50: Cornette Integrated Marketing Solutions

12:15

The board discussed an administrative appeal regarding Cornette Integrated Marketing Solutions. Emmy Hartley presented on this matter.

The appeal concerned a projecting sign. The board identified disagreement regarding both the placement and design of the sign as a key issue preventing resolution.

Due to the lack of agreement on these critical elements, the board voted to postpone the administrative appeal rather than proceed to a decision at this time.

A-2014-51: Antonio Borquez-Perez

2:36:20

The board discussed and approved the second part of an administrative appeal regarding Antonio Borquez-Perez. The key speakers on this matter were John Campbell and Jimmy Emmons.

The central issue involved determining whether a banquet facility constitutes a use substantially similar to those permitted in the B3 zone. Despite the specific language of the zoning definition, the board found that the banquet facility is substantially similar to permitted uses in the B3 zone.

The board approved the administrative appeal.

C-2014-52: La Cueva Bar & Grill, LLC

2:04:43

The board discussed a conditional use permit appeal for La Cueva Bar & Grill, LLC, a restaurant with live entertainment.

Key Speakers

The discussion involved Angela Marquez-Roses, Richard Domek, Peggy Henson, and Susan Griffin.

Outcome

The board disapproved the conditional use permit appeal.

Basis for Denial

The primary concerns cited for the denial centered on the location of the proposed establishment relative to residential areas. The board determined that the proximity to residential neighborhoods presented potential issues regarding noise and disruption that could negatively impact nearby residents. These proximity and impact concerns were the deciding factors in the board's decision to deny the appeal.