Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment met on January 30, 2015, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Barry Stumbo presiding. The board considered seven agenda items involving variances, conditional use permits, and an administrative appeal. The meeting included eight motions and votes and eight instances of public comment.

Of the seven cases presented, the board approved five conditional use permits and one variance. These approvals included permits for Remnant Community Church, the Sikh Association of Bluegrass, Inc., Turning Point Church, and the Islamic Center of Lexington, as well as a variance for DB Homes, LLC. One case—an administrative appeal by Olympic Construction, LLC regarding non-conforming uses in an A-R zone—was denied. The board postponed consideration of a variance request from Big Blue Rentals, LLC to reduce front setback requirements in an R-3 zone.

Attendance

The following individuals were present at the meeting on January 30, 2015:

• Barry Stumbo
• Kathryn Moore
• James Griggs
• Janice Meyer
• Joan Whitman
• Larry Forester
• Thomas Glover

No absences or late arrivals were recorded.

Votes and Decisions

A-2015-6: Signtronic Signage Violation Administrative Appeal 4:24 Motion by Thomas Glover, seconded by Joan Whitman, to postpone the administrative appeal by Signtronic regarding a signage violation in the B-4 zone. The motion passed by roll call vote, 6-1. Voting in favor: Barry Stumbo, Kathryn Moore, James Griggs, Janice Meyer, Joan Whitman, and Thomas Glover. Voting against: Larry Forester.

V-2015-5: Big Blue Rentals Variance Appeal 5:58 Motion by James Griggs, seconded by Larry Forester, to postpone the variance appeal by Big Blue Rentals for front setback reduction in the R-3 zone. The motion passed unanimously, 7-0.

V-2015-7: DB Homes Side Yard Variance 9:42 Motion by Kathryn Moore, seconded by Joan Whitman, to approve a variance for DB Homes to reduce the side yard from 25 to 22 feet in the A-R zone. The motion passed unanimously, 7-0. The approval is conditioned on obtaining all necessary permits from the Division of Building Inspection and Fayette County Health Department, and constructing the residence in accordance with the submitted application and site plan.

CV-2014-75: Remnant Community Church Conditional Use Permit 11:18 Motion by Janice Meyer, seconded by Larry Forester, to approve a conditional use permit and landscape variance for Remnant Community Church in the B-4 zone. The motion passed unanimously, 7-0. Conditions include development according to the approved site plan, obtaining required permits, and submitting an executed parking agreement meeting the minimum requirement of 18 parking spaces.

C-2015-3: Sikh Association of Bluegrass Conditional Use Permit 12:20 Motion by Kathryn Moore, seconded by James Griggs, to approve a conditional use permit for Sikh Association of Bluegrass in R-1B and A-R zones. The motion passed unanimously, 7-0. Seven conditions were imposed, including septic system approval, no parking on Swigert Avenue, outdoor lighting restrictions, and signage compliance.

C-2015-4: Church Expansion Conditional Use Permit 13:24 Motion by Thomas Glover, seconded by Janice Meyer, to approve a conditional use permit to expand an existing church use in the I-1 zone. The motion passed unanimously, 7-0. The church must operate according to the submitted application and site plan, and church activities must not overlap with other building occupants' business hours.

C-2015-2: Islamic Center of Lexington Conditional Use Permit 1:49:48 Motion by Thomas Glover, seconded by James Griggs, to approve a conditional use permit for Islamic Center of Lexington to construct a place of worship in the A-U zone. The motion passed by roll call vote, 6-1. Voting in favor: Barry Stumbo, Kathryn Moore, James Griggs, Joan Whitman, Larry Forester, and Thomas Glover. Voting against: Janice Meyer. Ten conditions were imposed, including site plan modifications, lighting and landscaping requirements, and signage compliance.

A-2015-1: Olympic Construction Administrative Appeal 2:43:04 Motion by James Griggs, seconded by Kathryn Moore, to disapprove the administrative appeal by Olympic Construction to change non-conforming uses in the A-R zone. The motion passed unanimously, 7-0.

Public Comment

Eight speakers provided public comment on the proposed development at the January 30, 2015 meeting.

Opposition to the Project

Mark Jeffers 47:02 raised traffic and safety concerns at the Armstrong Mill intersection, citing poor sight lines, high traffic volume, and potential accidents related to the proposed church entrance. He referenced a recent study documenting frequent speeding in the area.

Kasha Miller 56:19 argued that the proposed church does not align with the 2013 Comprehensive Plan or the ongoing Armstrong Mill West Small Area Plan, characterizing it as out of scale and inappropriate for the residential neighborhood.

Charles Payne 1:06:15 presented a petition with 279 signatures opposing the development. He cited historical zoning intent and stated that insufficient time had passed for the Small Area Plan to guide development in the area.

Brian Schlifke 1:46:07 provided traffic count data showing 9,517 vehicles per day on Armstrong Mill Road, an increase from 8,613 vehicles in 2012, supporting congestion concerns.

Charles Martin 2:28:19 raised environmental concerns about potential groundwater contamination from fuel and battery leakage due to a sinkhole on the property and its proximity to a spring-fed water source.

Mary Diane Hannah 2:36:53 submitted documentation showing the grocery store ceased operations in 2007 and the property reverted to agricultural use, arguing that current uses are not legally non-conforming.

Support for the Project

Jamie Schrader 1:08:56 testified that the property has attracted interest only for religious use, with no viable market for residential or retail development. He cited existing churches in the area as precedent for the proposed use.

Timothy Gregg 1:15:34 shared his personal history of growing up on the property and expressed support for the church as a way to honor his parents' wishes and preserve the land.

Contested Items

### Islamic Center of Lexington Conditional Use Permit

The proposal for a conditional use permit for the Islamic Center of Lexington generated significant community opposition during the meeting. Neighborhood associations raised multiple concerns about the project's impact on the surrounding area, including traffic congestion, public safety, drainage issues, and overall neighborhood compatibility. Multiple speakers presented data and detailed concerns throughout a contentious hearing process. The disagreement centered on whether the proposed use was appropriate for the location and whether adequate measures could address the neighbors' documented concerns. The vote on this item was close, reflecting the divided sentiment among decision-makers regarding the proposal.

### Olympic Construction Administrative Appeal

An administrative appeal related to Olympic Construction was decided during the meeting. The appeal was denied unanimously by the decision-making body. However, the case involved a contested factual record that divided the parties involved. The core disagreement centered on the continuity of non-conforming uses and associated environmental risks. Conflicting testimony was presented by both neighbors and the applicant regarding these key factual issues. Despite the unanimous denial of the appeal, the underlying dispute about the facts of the case—particularly regarding whether non-conforming uses had been continuous and what environmental risks were present—remained contested between the opposing parties.

Big Blue Rentals, LLC – Variance to reduce front setback from 20 to 5 feet in R-3 zone

5:27

The Board considered a variance request from Big Blue Rentals, LLC to reduce the front setback requirement from 20 feet to 5 feet in an R-3 zone.

Key Speaker

Abbie Jones presented on this agenda item.

Outcome

The Board postponed the appeal for 30 days. This postponement was granted to allow the applicant time to redesign the parking layout. The delay was necessary in response to staff concerns regarding the functionality of the proposed parking arrangement and its potential traffic impact.

DB Homes, LLC – Variance to reduce side yard from 25 to 22 feet in A-R zone

Case Number: V-2015-7

Outcome: Approved

The Board considered a variance request from DB Homes, LLC to reduce the required side yard setback from 25 feet to 22 feet for a property in the A-R (Agricultural-Residential) zone. 9:09

Drew Brester presented the case to the Board. The applicant's primary justification for the variance centered on the need to construct a wheelchair-accessible home on the property. The Board noted that the unique characteristics of the lot—which created the constraint necessitating the variance—were not the result of actions taken by the applicant.

The Board approved the variance based on the staff recommendation. The decision reflected consideration of both the applicant's accessibility needs and the determination that the lot's particular circumstances were beyond the applicant's control, making the three-foot reduction in side yard setback a reasonable accommodation.

Remnant Community Church – Conditional use permit and landscape variance in B-4

Case Number: CV-2014-75

Overview

The Board considered a conditional use permit and landscape variance for Remnant Community Church in the B-4 zone. 10:48

Presentation and Discussion

Josh Brown presented the matter to the Board.

Key Findings

The Board noted two primary factors in its decision:

• No adverse impact on surrounding properties: The Board found that the proposed conditional use permit would not create negative effects for neighboring properties.
• Hardship justification: The Board recognized a hardship in requiring landscaping on the property, given the presence of existing service areas that would make landscaping requirements impractical.

Outcome

The Board approved both the conditional use permit and the landscape variance for Remnant Community Church.

Sikh Association of Bluegrass, Inc. – Conditional use permit in R-1B and A-R zones

Agenda Item: C-2015-3

The Board considered a conditional use permit application for the Sikh Association of Bluegrass, Inc. for religious use in R-1B and A-R zoning districts. 11:50

Presentation and Discussion

John Rompf presented the application to the Board. The discussion focused on the existing facilities and the applicant's compliance with applicable zoning requirements for the proposed religious use.

Outcome

The Board approved the conditional use permit. The approval included conditions requiring:

• Septic system approval
• Parking restrictions

The Board noted that the existing facilities met the requirements for the conditional use permit in the specified zoning districts.

Turning Point Church – Conditional use permit to expand existing church use in I-1 zone

12:53

The Board considered a conditional use permit application (C-2015-4) for Turning Point Church to expand its existing church use within an I-1 zoned area.

Presentation and Discussion

Will Johnson presented the expansion proposal to the Board. The discussion focused on the feasibility and impact of the church's expansion plans within the industrial zone.

Key Considerations

The Board noted that the expansion would have adequate parking available to support the increased use. Additionally, the Board determined that the expansion would result in minimal disruption to the surrounding businesses in the industrial area.

Outcome

The Board approved the conditional use permit. The approval included conditions regarding scheduling of church activities and a requirement that any future expansion plans would need to obtain additional Board approval before proceeding.

Islamic Center of Lexington – Conditional use permit to construct place of worship in A-U zone

The Board considered a conditional use permit application (C-2015-2) from the Islamic Center of Lexington to construct a place of worship in an A-U zone. The discussion, which took approximately one hour and 49 minutes, included presentations from staff and the applicant, as well as extensive public testimony.

Key Speakers and Presentations

The agenda item involved remarks from Chris McCoy, Mark Jeffers, Kasha Miller, Charles Payne, Jamie Schrader, and Timothy Gregg.

Issues Raised

The public hearing revealed significant opposition to the proposal. Concerns centered on three main areas:

• Traffic impacts and capacity on surrounding roads
• Safety considerations for the facility and surrounding area
• Whether the proposed use fit appropriately within the existing neighborhood character

Staff and Applicant Position

Despite the public opposition, the application received support from Board staff and the applicant's representatives, who addressed the concerns raised during the hearing.

Outcome

The Board approved the conditional use permit following the lengthy public hearing. The approval came after weighing the community concerns against the staff recommendation and other factors relevant to the conditional use permit criteria.

Olympic Construction, LLC – Administrative appeal to change non-conforming uses

Olympic Construction, LLC requested an administrative appeal to change non-conforming uses in an A-R zone. The proposal involved converting a grocery store and auto repair garage into an animal rescue facility and truck terminal. 2:43:04

Key Speakers

The discussion involved Victor Kunica, James England, Lisa Algram, Charles Martin, and Mary Diane Hannah.

Issues Presented and Debated

The primary focus of the Board's review centered on whether the applicant had adequately documented the historical non-conforming use of the existing structures. The Board found insufficient documentation establishing a clear history of non-conforming use at the site, which is a critical requirement for such appeals.

Concerns Raised

Beyond the documentation issue, the Board identified significant environmental concerns that weighed against approval. Specifically, the presence of a sinkhole on or near the property presented a potential environmental risk that the Board determined was problematic for the proposed uses, particularly given the nature of the animal rescue and truck terminal operations being proposed.

Outcome

The Board denied the appeal. The decision was based on two primary factors: the lack of documented history establishing the non-conforming use of the existing structures, and the environmental risks posed by the sinkhole that made the proposed change of uses inadvisable.