Board of Adjustment Meeting

Summary

Meeting Overview

The Urban County Board of Adjustment Planning Services Section met on December 12, 2014, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky. Barry Stumbo presided over the meeting, which addressed five agenda items involving various conditional use appeals and variance requests. The board took four votes during the session and heard four public comments from attendees.

Of the five matters presented, two conditional use appeals were approved: one for Blue Grass Christian Camp to extend zip line and ropes course facilities from Clark County to Fayette County in an A-R zone, and another for Assia Tounova-Stoenchev to establish a family child care facility for up to 12 children in an R-3 zone. Two items were withdrawn from consideration: an appeal for a variance to reduce the side yard from 3 feet to 0 feet at 766 Maple Avenue, and a conditional use appeal for Club Facilities dba The Signature Club. One matter—a conditional use appeal for Remnant Community Church to establish a church in a B-4 zone—was postponed for further consideration at a future meeting.

Attendance

The following individuals were present at the meeting on December 12, 2014:

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

No absences or late arrivals were recorded.

Votes and Decisions

Approval of Minutes from November 21, 2014 2:10

A motion by Joan Whitman, seconded by Janice Meyer, to approve the minutes from November 21, 2014 passed unanimously.

Postponement of C-2014-75: Remnant Community Church Conditional Use Appeal 5:01

A motion by James Griggs, seconded by Joan Whitman, to postpone case C-2014-75 (Remnant Community Church conditional use appeal) until January 30, 2015 passed unanimously.

C-2014-72: Blue Grass Christian Camp Conditional Use Permit 41:19

A motion by Larry Forester, seconded by Joan Whitman, to approve the conditional use permit for Blue Grass Christian Camp to extend zip line and ropes course facilities from Clark County to Fayette County in an A-R zone passed by roll call vote, 5-2.

Voting in favor: Barry Stumbo, Kathryn Moore, Janice Meyer, Joan Whitman, and Thomas Glover

Voting against: James Griggs and Janice Meyer

The approval includes four conditions: development must follow the approved site plan; all applicable permits including Zoning Compliance Permit and Certificate of Occupancy must be obtained before construction; the applicant must provide documentation of inspection and staff training to the Zoning Enforcement section; and the recreational facilities shall be for sponsored church camp activities only and not offered to the general public.

C-2014-74: Assia Tounova-Stoenchev Family Child Care Conditional Use Permit 47:32

A motion by Kathryn Moore, seconded by Thomas Glover, to approve the conditional use permit for family child care for up to 12 children in an R-3 zone passed by roll call vote, 5-2.

Voting in favor: Barry Stumbo, Kathryn Moore, James Griggs, Joan Whitman, and Thomas Glover

Voting against: Janice Meyer and Larry Forester

The approval includes five conditions: care limited to weekdays between 7:00 AM and 4:30 PM; required permits must be obtained before expanding the use; a fenced outdoor play area of at least 600 square feet must be provided; the driveway must be reserved for parent use during operating hours; and the conditional use becomes void if the applicant no longer resides at the location.

Public Comment

Four speakers addressed the meeting during the public comment period.

Jeff Helener 2:22:24 spoke in support of the applicant and criticized the homeowners association's approach. He expressed frustration that the HOA spent money on legal representation rather than engaging the community in dialogue. Helener emphasized the importance of fairness and safety, and highlighted the positive impact the daycare has had on families.

Susie Nally 2:29:53, a non-resident grandparent, praised the quality of care provided by the applicant. She described the environment as structured, educational, and nurturing, emphasizing the exceptional standard of care. Nally noted the strong emotional bond between the children and the caregiver.

Connie Salin 2:36:35, a neighbor living on the same street, provided observations based on daily experience with the applicant's operations. She reported never observing more than three cars at the residence at any time and affirmed that the applicant maintains a clean, orderly, and low-impact household.

Gustavo Cavalcanti 2:41:01 offered a rebuttal to opposition arguments. He contended that concerns raised by opponents regarding traffic and precedent were unfounded. Cavalcanti argued that in-home daycares are fundamentally different from commercial operations and do not negatively impact property values.

Contested Items

C-2014-74: Family Child Care Permit Appeal

This application faced significant community opposition despite having strong support from other residents. The homeowners association and several neighbors objected to the permit, raising concerns about traffic impacts, safety issues, and potential disruption to the neighborhood's residential character. The disagreement centered on whether the benefits of the family child care service outweighed the concerns about its effects on the surrounding community.

C-2014-72: Blue Grass Christian Camp Zip Line Extension

The board engaged in a detailed and heated discussion regarding this project proposal. The debate focused on three main areas of contention: whether the project would set a problematic precedent given previous denials of similar zip line applications, the appropriate scale for such a facility, and whether the proposed use would constitute an amusement use that is prohibited in A-R (Agricultural-Residential) zones. Board members examined the consistency of their decision-making relative to prior cases and the zoning regulations governing the property.

Appeal for variance to reduce side yard from 3 feet to 0 feet at 766 Maple Avenue

Case Number: V-2014-76

Outcome: Withdrawn

The application for a variance to reduce the side yard setback from 3 feet to 0 feet at 766 Maple Avenue was withdrawn by the applicant prior to the meeting. 3:17

According to the record, the applicant withdrew the application on December 5, 2014, after it was determined that a variance was not needed for the proposed work. A Zoning Compliance Permit had already been issued for the project, making the variance request unnecessary.

Key Speaker: Jimmy Emmons

Conditional use appeal for Blue Grass Christian Camp to extend zip line/ropes from Clark County to Fayette County in A-R zone

5:31

The board considered a conditional use appeal (C-2014-72) for Blue Grass Christian Camp to extend a zip line and ropes course from Clark County into Fayette County within an A-R (Agricultural-Residential) zone.

Key speakers included Michael Fann, James Griggs, Barry Stumbo, and Jimmy Emmons.

Discussion and concerns

The board raised several concerns during deliberation, including questions about safety standards for the zip line and ropes course facilities. Issues regarding the scale of the proposed extension and potential precedent for similar uses in the A-R zone were also discussed.

Conditions of approval

The board approved the conditional use appeal with four specific conditions:

• Compliance with approved site plans
• Compliance with all required permits
• Annual inspections of the facilities
• Restriction of use to sponsored church camp activities only

Outcome

The appeal was approved with these conditions in place.

Conditional use appeal for Club Facilities dba The Signature Club

Case Identifier: C-2014-73

The conditional use appeal for Club Facilities dba The Signature Club was not discussed during this meeting. The application was withdrawn by the applicant on November 25, 2014, prior to legal advertisement, and therefore was not included on the agenda.

Conditional use appeal for Assia Tounova-Stoenchev to establish family child care

52:13

The board considered a conditional use appeal by Assia Tounova-Stoenchev to establish a family child care facility for up to 12 children in an R-3 zone.

Applicant's presentation

Assia Tounova-Stoenchev presented her application, emphasizing her extensive experience in child care and demonstrating community support for the proposed facility.

Board discussion

The board members John Billings, Mark Stringer, Bill Johnson, and Jimmy Emmons participated in the discussion of the application.

Outcome

The board approved the conditional use appeal. The approval included five conditions:

• Restricted operating hours
• Permit requirements
• Fencing specifications
• Driveway use restrictions
• Residency requirement for the applicant

Conditional use appeal for Remnant Community Church to establish a church in B-4

Identifier: C-2014-75

The board considered a conditional use appeal for Remnant Community Church to establish a church in the B-4 zone 4:25. Key speakers on this matter included Josh Brown, James Griggs, and Jimmy Emmons.

Outcome

The board postponed the appeal until January 30, 2015. The applicant requested the postponement.

Concerns Raised

Several unresolved issues prevented the board from moving forward with a decision:

• Parking
• Sanctuary capacity
• Traffic design
• Landscaping