Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment met on February 27, 2015, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Barry Stumbo presiding. The board considered 10 agenda items, including variance appeals, conditional use appeals, and administrative appeals. During the meeting, the board took 11 motions and votes and heard 3 public comments.

Of the 10 items on the agenda, the board approved six appeals: the Variance Appeal for Melville Park, LLC; the Variance Appeal for Hugh & Kim Bloomfield; the Conditional Use Appeal for Transylvania University; the Variance Appeal for Lewis & Cary Davis; the Conditional Use Appeal for Iglesia Evangelica Christiana Espiritual; the Administrative Appeal for Bayou Bluegrass Catering, LLC; and the Conditional Use Appeal for Lexington Universal Academy. The board denied one appeal: the Administrative Appeal for Sintronics. Two items were postponed: the Conditional Use Appeal for DMK Development Group, LLC and the Variance Appeal for Big Blue Rentals, LLC.

Attendance

The following 25 individuals were present at the meeting on February 27, 2015:

• 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
• Grover Hilbert
• Matt Jones
• Dick Murphy
• Lewis Davis
• Carrie Davis
• John DeHart
• Chaz Height
• Seth McNeil
• Tim McNeil
• Matthew Falcone
• Jack Stewart

No absences or late arrivals were recorded.

Votes and Decisions

The Board took the following actions at the February 27, 2015 meeting:

Minutes Approval 2:36 Motion by Barry Stumbo, seconded by Joan Whitman, to approve the minutes of the January 30, 2015 meeting. Passed unanimously.

C-2015-9: DMK Development Group, LLC Conditional Use Permit 3:11 Motion by Kathryn Moore, seconded by Janice Meyer, to postpone the conditional use permit appeal for an assisted living facility in an A-U zone. Postponed unanimously.

V-2015-13: Melville Park, LLC Fence Variance 9:04 Motion by Kathryn Moore, seconded by Thomas Glover, to disapprove the front yard fence height variance and approve the side yard variance. Passed unanimously. Conditions: The applicant must obtain a fence permit from the Division of Building Inspection within 30 days. The front yard fence along Willy Street must be removed or modified to meet the maximum 4-foot height limit within three months.

V-2015-14: Hugh & Kim Bloomfield Parking and Setback Variance 14:53 Motion by Kathryn Moore, seconded by James Griggs, to approve a variance to increase parking spaces from 2 to 8 and decrease setback from 18 inches to 0 inches. Passed unanimously. Conditions: Development must follow the submitted application and site plan as amended. All necessary permits, including a building permit for the garage, must be obtained prior to construction. Further changes to the garage require Board approval.

V-2015-5: Big Blue Rentals, LLC Front Setback Variance 27:03 Motion by Thomas Glover, seconded by Janice Meyer, to continue the variance appeal for a front setback reduction to 5 feet. Postponed unanimously.

C-2015-10: Transylvania University Conditional Use Permit 29:43 Motion by Janice Meyer, seconded by Joan Whitman, to approve the conditional use permit to amend the site plan in an R-2/H-1 zone. Passed unanimously. Conditions include compliance with the approved site plan, obtaining all applicable permits, a three-year exercise period with five additional years for phased construction, installation of a 6-foot solid wood privacy fence adjacent to residential properties, and Board of Architectural Review approval for construction at 331 N. Broadway.

V-2015-15: Lewis & Cary Davis Garage and Parking Variance 1:25:47 Motion by Thomas Glover, seconded by Larry Forrester, to approve a variance to allow garage and off-street parking in an R-4 zone. Passed unanimously. Conditions: Development must follow the submitted application and site plan. The garage and parking area must not interfere with site triangles of parked vehicles.

C-2015-11: Iglesia Evangelica Christiana Espiritual Conditional Use Permit 1:29:04 Motion by Janice Meyer, seconded by Larry Forrester, to approve the conditional use permit to construct a church in an A-R zone. Passed unanimously. Conditions: Construction must comply with zoning regulations, property must be maintained consistent with surrounding agricultural use, no commercial or non-religious activities permitted, and a detailed site plan including landscaping and access must be provided.

A-2015-6: Sintronics Administrative Appeal 2:40:26 Motion by James Griggs, seconded by Janice Meyer, to disapprove the administrative appeal regarding an electronic sign in a B4 zone. Failed unanimously.

A-2015-12: Bayou Bluegrass Catering, LLC Administrative Appeal 3:34:00 Motion by Janice Meyer, seconded by Joan Whitman, to approve the administrative appeal to operate a catering service in a B3 zone. Passed unanimously. The Division of Planning is authorized to issue a zoning compliance permit.

C-2015-8: Lexington Universal Academy Gymnasium Expansion 3:38:18 Motion by Larry Forrester, seconded by Thomas Glover, to approve the conditional use permit for gymnasium expansion in an AU zone. Passed unanimously. Conditions: Expansion must be completed within 12 months, comply with all applicable codes, and include a detailed plan for noise mitigation and traffic management during construction.

Public Comment

Three members of the public provided comments during the meeting.

Amy Clark spoke in opposition to a parking variance for Big Blue Rentals 17:50. She expressed concerns about the proposal to pave residential yards for public parking, citing potential stormwater issues and loss of green space. Clark emphasized that paid parking is not permitted in the R-3 zone.

Tim McNeil spoke in support of an electronic sign appeal 2:00:41. He argued that electronic message display signs in windows are allowed under B4 zone regulations and noted that the city has not consistently enforced this rule, creating confusion among business owners.

Matthew Falcone spoke in support of a catering business appeal 3:13:32. He characterized his catering business as a small, custom operation with minimal impact and pointed out that similar businesses operate in B3 zones, arguing that the denial of his appeal was therefore unfair.

Contested Items

The February 27, 2015 meeting included three items that generated significant disagreement among participants.

Big Blue Rentals Parking Variance

Community opposition arose regarding a parking variance for Big Blue Rentals. Concerns centered on the proposal to pave residential yards for public parking, which raised multiple issues: potential stormwater problems, loss of green space, and questions about enforcement of zoning rules. The opposition focused on the impact to the residential character of the area and environmental considerations.

Electronic Sign in B4 Zone

An intense debate occurred over an electronic sign proposed in a B4 zone. The disagreement centered on how to interpret the zoning ordinance. Applicants argued that the signs should be permitted under existing window sign exemptions in the code. Staff members maintained that electronic signs of this type were prohibited under the zoning regulations. The discussion reflected fundamentally different readings of what the ordinance allowed.

Catering Use in B3 Zone

A split vote resulted from debate over whether a catering use should be permitted in a B3 zone. The core disagreement involved classification: whether catering was substantially similar to a commissary or restaurant use, which would affect its permissibility. Staff opposed the catering use under this interpretation. However, the board ultimately approved the use, determining that it was compatible with the B3 zone and consistent with the zone's intended purpose. The approval reflected the board's judgment that the use aligned with the zone's character despite staff's concerns about its similarity to other food service operations.

Conditional Use Appeal: DMK Development Group, LLC

Item: C-2015-9

DMK Development Group, LLC requested a 30-day postponement for a conditional use permit to construct an assisted living facility in an Agricultural Urban zone. 3:11

Key Speaker: - Mark McIntosh

Outcome: The motion to postpone was carried unanimously. The conditional use appeal was postponed for 30 days.

Variance Appeal: Melville Park, LLC

9:04

Presentation

John Withers presented a variance appeal on behalf of Melville Park, LLC requesting permission to increase fence height from 4 feet to 6 feet in both front and side yard areas.

Staff Recommendation

Staff recommended disapproval of the variance for the front yard while recommending approval for the side yard portion of the request.

Outcome

The motion to approve the variance appeal passed unanimously. The approval included two conditions imposed on the variance.

Variance Appeal: Hugh & Kim Bloomfield

Case Number: V-2015-14

Presentation Time: 14:53

Hugh Bloomfield presented a variance appeal requesting increased parking spaces and a reduced setback for a garage on the property.

Staff reviewed the application and recommended approval of the variance with conditions. The recommendation indicated that the requested modifications could be accommodated while maintaining compliance with applicable standards through the implementation of specific conditions.

The motion to approve the variance passed unanimously. The approval included amended conditions that were incorporated into the final decision.

Outcome: Approved

Variance Appeal: Big Blue Rentals, LLC

Big Blue Rentals, LLC appealed for a front setback reduction to 5 feet for a parking lot 27:03.

Key Speakers

Matt Jones and Amy Clark were the primary speakers on this agenda item.

Presentation and Discussion

The applicant sought approval to reduce the front setback requirement to 5 feet to accommodate a parking lot on their property.

Concerns Raised

Opposition was raised regarding the public parking use associated with the proposed variance. This concern centered on the nature and impact of allowing public parking in the requested location.

Outcome

A motion to continue the variance appeal was made and carried unanimously. The item was postponed, meaning the decision on Big Blue Rentals, LLC's variance request was deferred to a future meeting date.

Conditional Use Appeal: Transylvania University

29:43

Transylvania University appealed to amend a site plan for a dormitory and basement space located in an R-2/H-1 zone. Chris Westover presented the item to the board.

Staff recommended approval of the appeal with five conditions attached to the project.

The motion to approve the conditional use appeal passed unanimously.

Variance Appeal: Lewis & Cary Davis

Case Identifier: V-2015-15

Overview

The board considered a variance appeal by Lewis and Cary Davis regarding the use of a small infill lot for a garage and off-street parking 1:25:47.

Key Participants

• Dick Murphy
• Lewis Davis
• Cary Davis

Presentation and Proposal

The applicants sought approval to construct a garage and off-street parking facility on their property. Staff recommended an open carport design for the project. However, the applicants proposed an alternative design featuring a glass enclosure rather than the open structure staff had suggested.

Outcome

The motion to approve the variance appeal passed. The approval included conditions that the applicants must meet as part of the project authorization.

Conditional Use Appeal: Iglesia Evangelica Christiana Espiritual

Identifier: C-2015-11

Iglesia Evangelica Christiana Espiritual appealed for a conditional use permit to construct a church in an A-R zone. 1:29:04

Key Speakers: - Grover Hilbert - Louis Kostein

Staff Recommendation: Staff recommended approval of the conditional use permit with four conditions.

Outcome: The motion to approve the conditional use permit passed unanimously.

Administrative Appeal: Sintronics

2:40:26

This agenda item addressed an administrative appeal regarding a denied permit for an electronic sign proposed in a B4 zone.

Presenters and Participants

The discussion involved Seth McNeil, Tim McNeil, and Mr. Marks.

Key Issue

The appeal concerned the denial of a permit application for an electronic sign in a B4 zoned area. Staff presented arguments that the proposed sign is not permitted under the applicable zoning regulations for that district.

Outcome

A motion to disapprove the appeal was brought before the body and carried unanimously, resulting in the denial of the permit request.

Administrative Appeal: Bayou Bluegrass Catering, LLC

3:34:00

This agenda item addressed an administrative appeal by Bayou Bluegrass Catering, LLC regarding the denial of a zoning compliance permit for a catering service operation in a B3 zone.

Presentation and Arguments

Staff presented arguments that catering services are not permitted uses within the B3 zoning classification. This position formed the basis for the original permit denial that prompted the appeal.

Key Speakers

Matthew Falcone and Mr. Emmons were the primary speakers on this matter.

Outcome

A motion to approve the appeal was made and carried unanimously. This decision reversed the original permit denial, allowing Bayou Bluegrass Catering, LLC to proceed with its catering service operation in the B3 zone.

Conditional Use Appeal: Lexington Universal Academy

Item C-2015-8

Lexington Universal Academy appealed for a conditional use permit to expand a gymnasium in an AU zone. 3:38:18

Jack Stewart presented the staff recommendation, which supported approval of the conditional use permit subject to three conditions.

The motion to approve the conditional use appeal passed unanimously. Prior to the vote, the board rescinded a previous postponement of this item, allowing the appeal to proceed to a final decision.

Outcome: Approved