Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on October 31, 2014, at 1:30 p.m. in the Council Chambers at 200 East Main Street, Lexington, Kentucky, with Barry Stumbo presiding. The board considered six agenda items, including five conditional use permit applications and approval of the 2015 meeting and filing schedule. All six items were approved, with the board taking eight motions and votes throughout the meeting. Three members of the public provided comments during the session.

The conditional use permits addressed a range of land uses across different zoning districts. These included a home occupation permit for handicrafts in an R-1D zone, a pawn shop in a B-3 zone, a new ticket office for Keeneland Association in an A-R zone, additional parking for Bharatiya Temple & Cultural Center in an A-R zone, and an expansion of a maintenance building at Idle Hour Country Club in an R-1B zone.

Attendance

The following individuals were present at the meeting on October 31, 2014:

• Barry Stumbo
• Thomas Glover
• Kathryn Moore
• James Griggs
• Larry Forester
• Janice Meyer
• Joan Whitman
• Casey Kaucher
• Chuck Saylor
• Jim Marx
• Tracy Jones
• Andrea Brown
• Chris King
• Jimmy Emmons
• Tammye McMullen

No absences or late arrivals were recorded.

Votes and Decisions

Approval of Minutes from August 22, 2014 3:13 Motion by Thomas Glover, seconded by Janice Meyer. Passed unanimously with no abstentions.

Approval of Minutes from September 26, 2014 3:45 Motion by Larry Forester, seconded by Joan Whitman. Passed unanimously with no abstentions.

C-2014-66: Conditional Use Permit for Home Occupation (Handicrafts) in R-1D Zone at 1085 Chinoe Road 5:25 Motion by Kathryn Moore, seconded by Janice Meyer. Passed unanimously with no abstentions. The permit is conditioned on operation in accordance with the submitted application and site plan, obtaining all necessary permits including a Zoning Compliance Permit and Certificate of Occupancy, compliance with Article 1-11 of the Zoning Ordinance regarding home occupations, and becoming null and void should the appellant no longer reside at the location.

C-2014-67: Conditional Use Permit for Pawn Shop in B-3 Zone at 212 E. New Circle Road 22:29 Motion by James Griggs, seconded by Larry Forester. Passed with 7 votes in favor and 1 abstention. Those voting in favor were Barry Stumbo, Thomas Glover, Kathryn Moore, James Griggs, Larry Forester, Janice Meyer, and Joan Whitman. The permit requires establishment per the submitted application and revised site plan showing at least 18 off-street parking spaces with required landscaping, obtaining necessary permits before construction and reopening, providing landscape buffers along New Circle Road and the northern parking lot edge, ensuring signage compliance with removal of message boards and temporary banners from the existing sign, and becoming null and void should the appellant no longer own the property.

C-2014-68: Conditional Use Permit to Construct New Ticket Office in A-R Zone at 4251 Versailles Road 23:38 Motion by Janice Meyer, seconded by Thomas Glover. Passed unanimously with no abstentions. The permit requires development per the approved site plan and application with possible modifications during permitting, and obtaining all applicable permits including Building Permit, Zoning Compliance Permit, and Certificate of Occupancy.

C-2014-69: Conditional Use Permit to Construct Additional Parking for Religious Center in A-R Zone at 3050 N. Cleveland Pike 37:39 Motion by Janice Meyer, seconded by James Griggs. Passed unanimously with no abstentions. The permit includes ten conditions addressing site plan compliance, permits, traffic engineering approval, parking design, storm water management, landscaping maintenance and specifications, lighting requirements, septic system compliance, and minimum setback requirements.

C-2014-70: Conditional Use Permit to Expand Maintenance Building for Golf Course/Country Club in R-1B Zone at 1815 Richmond Road 39:16 Motion by Kathryn Moore, seconded by Larry Forester. Passed unanimously with no abstentions. The permit requires construction per the corollary site plan and submitted application, and obtaining necessary permits before constructing the second story.

Approval of 2015 Meeting & Filing Schedule 40:20 Motion by Larry Forester, seconded by Thomas Glover. Passed unanimously with no abstentions.

Public Comment

Three members of the public provided comments during the meeting.

Janice Meyer 26:16 addressed concerns about the visibility of the proposed parking lot from North Cleveland Pike. She requested that the parking lot be screened with evergreen trees and set back at least 25 feet from the road to preserve the rural character of the area.

James Griggs 31:50 offered specific suggestions regarding parking lot design and screening. He proposed cutting off the corner of the parking lot to ensure compliance with a 25-foot setback requirement from the road and recommended using evergreen trees as a visual barrier to minimize the impact on the surrounding area.

Thomas Glover 17:09 raised questions about Condition 5 on the Merriman Investment Co. case. He questioned the restrictiveness of the original condition and expressed concerns about the precedent and legal implications of allowing the conditional use to run with the land.

Contested Items

The Board addressed two contested matters during this meeting.

Condition 5 on Merriman Investment Co. Case

The Board debated the fifth condition attached to the Merriman Investment Co. case, which would have nullified approval if the appellant no longer owned or operated the property. Board members raised concerns about the condition's impact on corporate governance flexibility and the precedent it would establish. Rather than remove the condition entirely, the Board chose to modify it by removing the "operate" clause, keeping only the ownership requirement. This modification resulted in unanimous approval of the case, with one abstention.

Landscaping and Setback for Bharatiya Temple Parking Lot

The proposed parking lot for Bharatiya Temple generated heated discussion among Board members, who expressed strong concerns about the visibility of the parking area from North Cleveland Pike. The Board determined that the proposed design would not adequately preserve the rural character of the area. To address these concerns, the Board added a new condition requiring a 25-foot setback from North Cleveland Pike and evergreen screening around the parking lot. This additional requirement was intended to minimize the visual impact of the parking facility on the surrounding landscape.

Lori Koerper – Conditional Use Permit for Home Occupation (Handicrafts) in R-1D

4:54

The applicant sought approval for a conditional use permit to operate a home occupation involving handmade handicrafts in a single-family residential zone (R-1D).

Presentation and Staff Recommendation

Staff recommended approval of the permit based on the following findings:

• The home occupation would have minimal impact on the surrounding neighborhood
• No additional parking would be required for the operation
• Adequate public services are available to support the use

Applicant Position

Philip Koerper represented the application and agreed to accept the recommended conditions for the permit.

Outcome

The conditional use permit was approved. The applicant's acceptance of the staff-recommended conditions facilitated the approval process.

Merryman Investment Co. XIV, LLC – Conditional Use Permit for Pawn Shop in B-3 Z

Merryman Investment Co. XIV, LLC requested approval for a conditional use permit to operate a pawn shop in a B-3 (highway service business) zone 5:55.

Staff Recommendation and Conditions

Staff recommended approval of the permit with five conditions:

• Parking requirements
• Landscaping requirements
• Signage requirements
• Two additional conditions
• A fifth condition restricting transfer of ownership or operation

Key Discussion Points

The primary point of contention during the Board discussion centered on the fifth condition, which restricted both the transfer of ownership and operation of the business. Nick Nicholson and Jimmy Emmons were key speakers during the discussion of this agenda item.

Board Action

The Board determined that the restriction on transfer of ownership and operation was too restrictive. The Board modified the fifth condition by removing the "operate" clause, allowing for transfer of operation while maintaining other restrictions. With this modification, the Board approved the conditional use permit for Merryman Investment Co. XIV, LLC to operate the pawn shop in the B-3 zone.

Keeneland Association, Inc. – Conditional Use Permit for New Ticket Office in A-R Zone

Keeneland Association, Inc. requested approval for a conditional use permit to construct a new ticket office on its existing agricultural rural property. 23:01

Presentation and Recommendation

Bruce Simpson presented the application. Staff recommended approval of the permit, citing the site's long-standing use and the minimal impact the new ticket office would have on the surrounding area.

Conditions

The applicant agreed to two conditions as part of the approval:

• Compliance with the approved site plan
• Acquisition of all necessary permits

Outcome

The conditional use permit was approved.

Bharatiya Temple & Cultural Center – Conditional Use Permit for Additional Parking in A-R Zone

The Board considered a conditional use permit application (C-2014-69) for the Bharatiya Temple & Cultural Center to expand parking facilities in an A-R Zone 24:12.

Presentation and Recommendation

Staff presented the application and recommended approval subject to nine conditions. These conditions addressed stormwater management, landscaping requirements, and access approval for the additional parking expansion.

Key Speakers

John Kingston and Jimmy Emmons participated in the discussion of this agenda item.

Board Action

The Board approved the conditional use permit with modifications. In addition to the nine staff-recommended conditions, the Board added a new condition requiring a 25-foot setback and evergreen screening along North Cleveland Pike to address screening and buffering concerns for the expanded parking area.

Outcome

The application was approved with the enhanced conditions in place.

Idle Hour Country Club – Conditional Use Permit to Expand Maintenance Building in R-1B Zone

Case Number: C-2014-70

Idle Hour Country Club requested conditional use permit approval to expand its maintenance building located in an R-1B single-family residential zone. 38:41

Presentation and Recommendation

Rory Kahly presented the staff analysis and recommendation for approval. Staff determined that the expansion would have minimal impact on the surrounding neighborhood and that adequate infrastructure existed to support the project.

Outcome

The conditional use permit was approved. The applicant agreed to two conditions as part of the approval:

• Construction requirements
• Permit acquisition requirements

2015 Meeting & Filing Schedule

Jimmy Emmons presented the draft 2015 meeting and filing schedule for Board adoption 40:20. The presentation covered the proposed schedule of meetings and filing deadlines for the upcoming year.

The Board unanimously approved the 2015 meeting and filing schedule without discussion.