Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment met on November 21, 2014, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Barry Stumbo presiding. The board addressed four agenda items during the meeting, including approval of previous minutes, consideration of a conditional use appeal, a committee reappointment, and notification of the next meeting date. The board took two votes during the session and heard no public comments. All substantive matters brought before the board—the approval of minutes, the conditional use appeal for Malibu Jack's, LLC (case C-2014-71), and the Landscape Review Committee reappointment—were approved.

Attendance

Present: - Barry Stumbo - Kathryn Moore - James Griggs - Janice Meyer - Joan Whitman

Absent: - Larry Forester - Thomas Glover

Late: None reported.

Votes and Decisions

Conditional Use Permit for Malibu Jack's, LLC (C-2014-71) 4:36

The Planning Commission voted unanimously to approve a conditional use permit for Malibu Jack's, LLC to add square footage to an indoor recreational facility in a B-4 zone at 3025 Blake James Drive. The motion was made by Kathryn Moore and seconded by Joan Whitman. All five commissioners voted in favor: Barry Stumbo, Kathryn Moore, James Griggs, Janice Meyer, and Joan Whitman.

The approval is subject to five conditions:

• The facility shall be operated and conducted in accordance with the submitted application and site plan, or as amended by the Planning Commission.
• All necessary permits shall be obtained from the Division of Building Inspection prior to any construction or remodeling of the building. Prior to a certificate of occupancy being obtained from the Division of Building Inspection, a zoning compliance permit shall be obtained from the Division of Planning.
• The final design of the parking lot shall be subject to review and approval by the Division of Traffic Engineering.
• The parking lot shall be paved, with spaces delineated, and landscaped/screened in accordance with the requirements of Articles 16 and 18 of the Zoning Ordinance and the approved Final Development Plan.
• A storm water management plan shall be implemented in accordance with the requirements of the adopted Engineering Manuals, subject to acceptance by the Division of Engineering.

Reappointment of Richard Weber to the Landscape Review Committee 6:10

The Planning Commission voted unanimously to reappoint Richard Weber to the Landscape Review Committee. The motion was made by Janice Meyer and seconded by James Griggs. All five commissioners voted in favor: Barry Stumbo, Kathryn Moore, James Griggs, Janice Meyer, and Joan Whitman.

Appointments

Richard Weber was reappointed to the Landscape Review Committee.

Approval of Minutes

The minutes from the October 31, 2014 meeting were presented for approval 2:52.

A motion to approve the minutes was made by Janice Meyer and seconded by James Griggs. The motion was approved unanimously.

C-2014-71: Malibu Jack's, LLC – Conditional Use Appeal

3:30

The Board considered a conditional use appeal for Malibu Jack's, LLC to expand an indoor recreational facility located in a B-4 zone.

Staff Recommendation

Staff recommended approval of the conditional use appeal based on the following findings:

• No adverse impact on surrounding properties
• Adequate parking availability
• Availability of public services to support the expansion

Applicant Position

Terry Hatton, representing Malibu Jack's, LLC, confirmed the applicant's agreement with all five conditions recommended by staff for the conditional use approval.

Public Comment

No public comments were made during the hearing.

Outcome

The Board approved the conditional use appeal for Malibu Jack's, LLC.

Landscape Review Committee Reappointment

Staff presented the reappointment of Richard Weber to the Landscape Review Committee for another four-year term. 5:40

The motion to reappoint Weber was made by Janice Meyer and seconded by James Griggs. The reappointment was approved unanimously.

Next Meeting Date

The Chair, Barry Stumbo, announced that the next meeting would be held on December 12, 2014 6:45. This date was scheduled two weeks earlier than the usual meeting schedule to accommodate the Christmas holiday.