Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on September 26, 2014, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Chairman Barry Stumbo presiding. The board considered five agenda items during the meeting, taking seven votes and hearing eight public comments. The board approved three conditional use permits—for Davorka Klaric's home occupation clothing alteration business, Providence Community Church's establishment in a B-3 zone, and Jeannie O'Daniel's tent structure over an outdoor patio. The board denied a revocation hearing request from Sims Entertainment Group, LLC regarding their conditional use permit. Additionally, the Keeneland Association withdrew its appeal of a conditional use permit decision.

Attendance

Present: Barry Stumbo, Thomas Glover, Kathryn Moore, James Griggs, Larry Forester, Casey Kaucher, Chuck Saylor, Jim Marx, Tracy Jones, Bill Sallee, Jimmy Emmons, and Tammye McMullen.

Absent: Janice Meyer and Joan Whitman.

Late: None reported.

Votes and Decisions

Approval of Minutes from June 27, 2014 5:16 Motion by James Griggs, seconded by Larry Forester. Passed unanimously 5-0. All members voted in favor: Barry Stumbo, Thomas Glover, Kathryn Moore, James Griggs, and Larry Forester.

Approval of Minutes from July 25, 2014 5:47 Motion by James Griggs, seconded by Larry Forester. Passed unanimously 5-0. All members voted in favor: Barry Stumbo, Thomas Glover, Kathryn Moore, James Griggs, and Larry Forester.

Denial of Postponement Request for C-2012-70: Sims Entertainment Group, LLC 4:13 Motion by James Griggs, seconded by Thomas Glover. Passed unanimously 5-0. All members voted in favor: Barry Stumbo, Thomas Glover, Kathryn Moore, James Griggs, and Larry Forester.

C-2014-64: Conditional Use Permit for Providence Community Church, LLC 8:12 Motion by Kathryn Moore, seconded by Thomas Glover. Approved unanimously 5-0 to establish a church in a Highway Service Business (B-3) zone at 2628 Wilhite Court. All members voted in favor. Conditions include: establishment in accordance with submitted application and site plan; obtaining all necessary permits including Zoning Compliance Permit and Certificate of Occupancy prior to commencement; and Board of Adjustment approval required for any future expansion.

C-2014-65: Conditional Use Permit for Jeannie O'Daniel 9:17 Motion by Thomas Glover, seconded by Larry Forester. Approved unanimously 5-0 to erect a tent over an outdoor patio as part of a winery in the Agricultural Rural (A-R) zone at 6825 Old Richmond Road. All members voted in favor. Condition: temporary structure to be installed over patio according to submitted application and site plan for a maximum of 180 days in any calendar year.

C-2014-63: Conditional Use Permit for Davorka Klaric 16:57 Motion by Kathryn Moore, seconded by Larry Forester. Approved unanimously 5-0 for a home occupation (clothing alteration) in a Single Family Residential (R-1D) zone at 833 Laurel Hill Road. All members voted in favor. Conditions include: operation in accordance with submitted application and site plan; obtaining necessary permits prior to continuation; compliance with Article 1-11 of the Zoning Ordinance; and permit becomes null and void if appellant no longer resides at location.

C-2012-70: Revocation of Conditional Use Permit for Sims Entertainment Group, LLC 51:15 Motion by James Griggs, seconded by Thomas Glover. Passed unanimously 5-0 to revoke the conditional use permit to operate a bar/nightclub with live entertainment and dancing in a Neighborhood Business (B-1) zone at 815 Euclid Avenue. All members voted in favor: Barry Stumbo, Thomas Glover, Kathryn Moore, James Griggs, and Larry Forester.

Public Comment

The meeting included public comment on two primary matters: a home occupation permit and the conditional use permit for Sims Entertainment.

Home Occupation Permit

Jeff Brown spoke in opposition to a home occupation permit for Davorka Klaric 12:02. Mr. Brown stated that Ms. Klaric had targeted him and called city officials to harass him. He accused her of bigotry and claimed she wanted him to move out.

Sims Entertainment Conditional Use Permit

Multiple speakers addressed the conditional use permit for Sims Entertainment, located at 815 Euclid Avenue, with the majority supporting revocation.

David Jaquith, representing the Ashland Park Neighborhood Association, stated that residents have experienced ongoing disruptions due to the bar's violations of its conditional use permit and strongly supported revocation 34:02.

Councilman Bill Farmer supported revoking the permit, urging the Board to wipe the slate clean and allow a new, more compatible business to take over the property 35:18.

Sally Warfield emphasized that Sims Entertainment has a long history of violations, including repeated late hours and disorderly conduct, and argued the business is incompatible with the neighborhood 37:02.

Patty Abell, representing the Louisiana Neighborhood Association, stated the bar has been a persistent nuisance and that its late hours are deliberate, not accidental 39:14.

Sergeant Jason Parks reported 12 documented instances of the bar remaining open past 1:00 a.m. since the July 25 hearing, with five related arrests and two ABC administrative charges for selling alcohol to minors 40:16.

Peter Ecabert, president of the Chevy Chase Plaza Condo Association, argued the nightclub is incompatible with the neighborhood and that the owners could shut it down by revoking the liquor license 44:10.

Janie Fergus, a long-time resident, stated she had previously spoken with the owner about issues, which were never resolved, and reiterated her support for revocation 46:52.

Contested Items

Personal Conflict in C-2014-63 Appeal

A neighbor opposed a home occupation permit, basing the objection on a personal dispute that included racial allegations and harassment claims. The Board determined that these personal matters fell outside its jurisdiction and were not relevant to the permit decision.

Revocation of Sims Entertainment's Conditional Use Permit

The revocation of Sims Entertainment's conditional use permit generated significant community opposition. Multiple residents and officials testified during the hearing regarding ongoing violations and adverse impacts associated with the business operation. The Board voted unanimously to revoke the permit.

Keeneland Association - Withdrawal of conditional use permit appeal

Item: C-2014-35

Keeneland Association withdrew its application for a conditional use permit to expand operations at 3801-4081 Versailles Road. 2:26

Jimmy Emmons addressed the Board regarding the withdrawal. The Board acknowledged the applicant's withdrawal of the conditional use permit appeal without taking further action on the matter.

Outcome: The application was withdrawn.

Sims Entertainment Group, LLC - Revocation hearing of conditional use permit

17:59

The Board held a revocation hearing for Sims Entertainment Group, LLC's conditional use permit for a nightclub. The hearing reviewed evidence of repeated violations of the permit's operating conditions.

Key Participants

The hearing included testimony and presentations from Jimmy Emmons, Krista Hollingsworth, David Jaquith, Bill Farmer, Sally Warfield, Patty Abell, Sergeant Jason Parks, and Peter Ecabert.

Violations Reviewed

The Board examined evidence of noncompliance with multiple conditions of the conditional use permit, specifically:

• Condition 2
• Condition 3
• Condition 10

The violations centered on repeated breaches of operating hours and noise restrictions established as requirements for the nightclub's operation.

Outcome

The Board revoked the conditional use permit for Sims Entertainment Group, LLC due to the documented noncompliance with the specified conditions. The permit denial was based on the establishment's failure to comply with the operating restrictions imposed as conditions of the permit.

Davorka Klaric - Conditional use permit for home occupation (clothing alteration)

10:25

The Board considered a conditional use permit application from Davorka Klaric for a home occupation involving clothing alteration in a residential zone.

Key Speakers

The discussion involved Jimmy Emmons, Davorka Klaric, and Jeff Brown.

Application and Discussion

Davorka Klaric requested approval to operate a clothing alteration business from her residence. The application required a conditional use permit to allow this commercial activity within a residential zoning district.

Concerns Raised

A neighbor opposed the permit application and raised personal grievances during the hearing. However, the Board determined that these personal disputes fell outside its jurisdiction and were not relevant to the conditional use permit decision.

Outcome

The Board approved the conditional use permit for Davorka Klaric's home occupation clothing alteration business. The approval proceeded despite the neighbor's opposition, as the Board's focus remained on whether the proposed use met the applicable zoning and conditional use permit criteria rather than on personal conflicts between neighbors.

Providence Community Church, LLC - Conditional use permit for church in B-3 zone

Case Number: C-2014-64

Overview

The Board considered a conditional use permit application for Providence Community Church, LLC to operate a church in a B-3 commercial zone. 7:33

Key Speakers

• Gary Thompson
• Paul Valentine

Discussion and Outcome

The Board approved the conditional use permit for the church property located in the commercial zone. The approval included conditions requiring the applicant to comply with approved site plans and to meet specific requirements related to any future expansion of the facility.

The conditional use permit allows the church to operate in the B-3 zone, which is designated for commercial use, through the conditional use process that permits certain uses not otherwise allowed in that zoning classification.

Jeannie O'Daniel - Conditional use permit to erect a tent over outdoor patio

Identifier: C-2014-65

The Board considered a conditional use permit request from Jeannie O'Daniel to erect a tent structure over an outdoor patio at a winery. 8:43

Key Speakers: - Preston Worley - Jeannie O'Daniel

Discussion and Outcome:

The Board approved the temporary tent structure based on staff recommendations. The approval included a condition limiting the tent's use to 180 days per calendar year. No opposition to the request was raised during the meeting.