Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment met on March 27, 2015, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Barry Stumbo presiding. The board considered six agenda items involving variances, conditional uses, and an administrative appeal. The meeting included three public comments and resulted in six motions and votes.

Of the six cases presented, the board approved five and denied one. The board denied a variance request from Big Blue Rentals, LLC to reduce the front setback from 20 feet to 5 feet. The board approved a variance request from Sidney Van Ness to reduce the side setback from 8 feet to 1 foot, as well as variances for Marrillia Commercial Properties for a warehouse and office facility at 794 Manchester Street. The board also approved a conditional use request from DMK Development Group, LLC for a nursing home and assisted living facility, a conditional use request from Mount Olivet Baptist Church for a building addition, and an administrative appeal from Elvis Lee Simmons regarding a pool hall in an R-3 zone.

Attendance

Present: Barry Stumbo, James Griggs, Janice Meyer, Joan Whitman, Larry Forester, Casey Kaucher, Chuck Saylor, Jim Marx, Tracy Jones, Andrea Brown, Bill Sallee, Jimmy Emmons, Tammye McMullen, Abbie Jones, Matt Jones, Chris Westover, Billie Motsch, Raven Mars, Nick Nicholson, Jack Stewart, Andre Regard, Brenda Mack, William Clay, and Mr. Clay.

Absent: Kathryn Moore and Thomas Glover.

Late: None reported.

Votes and Decisions

V-2015-5: Variance for Parking Lot at 178 Leader Avenue 28:23

A motion to approve a variance to reduce the front setback from 20 feet to 5 feet for a parking lot at 178 Leader Avenue failed unanimously. The motion was made by James Griggs and seconded by Larry Forester. All five board members voted against the variance: Barry Stumbo, James Griggs, Janice Meyer, Joan Whitman, and Larry Forester.

V-2015-19: Variance for Garage at 225 Chenault Road 29:34

A motion to approve a variance to reduce the side setback from 8 feet to 1 foot for garage construction at 225 Chenault Road passed unanimously. The motion was made by Janice Meyer and seconded by Larry Forester. All five board members voted in favor: Barry Stumbo, James Griggs, Janice Meyer, Joan Whitman, and Larry Forester. The approval is conditioned on the garage being built according to the submitted application and site plan, obtaining encroachment easements from utility agencies prior to construction, and obtaining all appropriate building permits including a review of ND-1 design standards.

V-2015-20: Variances for Warehouse/Office at 794 Manchester Street 32:02

A motion to approve variances to reduce the side street side yard setback from 20 feet to 6 feet and overhead door distance from 100 feet to 20 feet for a warehouse/office at 794 Manchester Street passed unanimously. The motion was made by James Griggs and seconded by Joan Whitman. All five board members voted in favor: Barry Stumbo, James Griggs, Janice Meyer, Joan Whitman, and Larry Forester. The approval requires the building to be constructed according to the submitted application and site plan, with minor adjustments permitted if required by Building Inspection, Traffic Engineering, or Engineering during permitting, and requires obtaining a Zoning Compliance Permit and Building Permit prior to construction.

C-2015-9: Conditional Use Permit for Nursing Home at 4210 Nicholasville Road 39:50

A motion to approve a conditional use permit for a nursing home and assisted living facility at 4210 Nicholasville Road passed unanimously. The motion was made by Janice Meyer and seconded by Larry Forester. All five board members voted in favor: Barry Stumbo, James Griggs, Janice Meyer, Joan Whitman, and Larry Forester. The approval is conditioned on construction and operation according to the submitted application for 253 beds and site plan, installation of landscaping along the southern property line equivalent to R-3 to R-1 zone screening, and obtaining all appropriate permits prior to construction.

C-2015-18: Conditional Use Permit for Church Addition at 1008 Delaware Avenue 40:58

A motion to approve a conditional use permit for a church building addition at 1008 Delaware Avenue passed unanimously. The motion was made by Janice Meyer and seconded by Joan Whitman. All five board members voted in favor: Barry Stumbo, James Griggs, Janice Meyer, Joan Whitman, and Larry Forester. The approval requires the expansion to comply with a revised site plan providing no less than 50 parking spaces for up to 250 sanctuary seats, obtaining necessary permits prior to construction, and implementing a storm water management plan in accordance with adopted Engineering Manuals.

A-2015-17: Administrative Appeal for Pool Hall at 400 Chestnut Street 1:42:15

A motion to approve an administrative appeal for a pool hall in an R-3 zone at 400 Chestnut Street passed unanimously. The motion was made by James Griggs and seconded by Jim Marks. All five board members voted in favor: Barry Stumbo, James Griggs, Janice Meyer, Joan Whitman, and Larry Forester.

Public Comment

Three members of the public provided comments during the meeting.

Amy Clark 5:01 opposed the proposed parking expansion for Big Blue Rentals. She objected to the enlargement of the parking lot, arguing that it would render the lot non-conforming with respect to open space and side yard requirements. Clark also questioned whether additional parking was necessary, noting that existing capacity appeared sufficient.

Brenda Mack 1:07:33 spoke in support of a proposed pool hall use at 400 Chestnut Street. She testified that the pool hall would serve as a positive community gathering space for youth and residents. Mack indicated that the proposal had strong neighborhood support and that no complaints had been raised about it.

William Clay 1:33:14 also expressed support for the proposed community use of 400 Chestnut Street. He stated that the use would uplift the neighborhood and provide positive activities for youth. Clay noted that the proposal had police support for safety and community engagement.

Contested Items

The March 27, 2015 meeting included two significant areas of disagreement among board members.

Big Blue Rentals Parking Expansion

The board engaged in heated discussion regarding a variance request for Big Blue Rentals' parking expansion. Despite a staff recommendation in favor of the variance, board members expressed substantial concerns about the proposal. The primary objections centered on three issues: potential traffic impacts, increased density, and nonconformity with existing regulations. The motion to approve the variance was ultimately defeated by unanimous vote, meaning all board members voted against the proposal.

Elvis Lee Simmons Pool Hall Appeal

A procedural dispute emerged regarding the Elvis Lee Simmons pool hall appeal, centered on a complex legal question: whether the nonconforming use had been abandoned. The board debated the applicable legal standards and evidence related to abandonment status. Rather than directly approving the use, the board declined to do so but took an alternative action. Based on findings that the nonconforming use had not been abandoned, the board authorized the applicant to pursue a follow-up application process, establishing a pathway forward for reconsideration of the request.

Big Blue Rentals, LLC – Variance to reduce front setback from 20 feet to 5 feet

3:50

Big Blue Rentals, LLC requested a variance to reduce the front setback requirement from 20 feet to 5 feet for a parking lot expansion in a Planned Neighborhood Residential zone.

Staff Recommendation

Staff recommended approval of the variance, citing special circumstances and noting the lack of hardship. Staff also indicated that the proposal was compatible with surrounding properties.

Key Speakers and Discussion

The following individuals participated in the discussion: Abbie Jones, Matt Jones, Amy Clark, Jimmy Emmons, and Barry Stumbo.

Concerns Raised

An objector raised concerns about open space and questioned whether the proposal met side yard compliance requirements.

Outcome

The board denied the variance request.

Sidney Van Ness – Variance to reduce side setback from 8 feet to 1 foot

Identifier: V-2015-19

The applicant requested a variance to reduce the required side setback from 8 feet to 1 foot to construct a garage on the footprint of an existing carport 29:34.

Presentation and Rationale

The applicant cited utility easements as a constraint on the property and indicated that the variance was necessary to preserve rear yard functionality while accommodating the garage construction.

Board Action

Staff recommended approval of the variance with conditions. The board, including speakers Chris Westover and Jimmy Emmons, unanimously approved the variance request.

Outcome

The variance was approved.

Marrillia Commercial Properties – Variances for warehouse/office at 794 Manchester Street

Case Number: V-2015-20

Outcome: Approved unanimously

Marrillia Commercial Properties requested variances for a warehouse/office development at 794 Manchester Street. The applicant sought relief from setback requirements and overhead door distance standards due to the unique shape and topography of the lot.

Key Participants: - Billie Motsch - Raven Mars - Jimmy Emmons

Staff reviewed the variance request and recommended approval subject to conditions. The board considered the applicant's justification based on the lot's distinctive characteristics, including its irregular shape and challenging topography, which created constraints for standard compliance.

The board unanimously approved both variances requested by the applicant, accepting staff's recommendation for conditional approval.

32:02

DMK Development Group, LLC – Conditional use for nursing home and assisted living facility

39:50

DMK Development Group, LLC applied for a conditional use permit to develop a nursing home and assisted living facility in an Agricultural Urban zone.

Presentation and Recommendation

Staff recommended approval of the conditional use permit with conditions. The application was presented by key speakers Nick Nicholson and Jimmy Emmons.

Board Action

The board unanimously approved the conditional use permit with an amendment. The approval included authorization for 253 beds at the facility.

Outcome

The conditional use permit was approved as amended.

Mount Olivet Baptist Church – Conditional use for building addition

Case Number: C-2015-18

Mount Olivet Baptist Church requested a conditional use permit for a minor building addition. 40:58

Presentation and Discussion

Jack Stewart and Jimmy Emmons were the key speakers on this agenda item. Staff recommended approval of the conditional use permit with conditions.

Outcome

The board unanimously approved the conditional use permit for the building addition.

Elvis Lee Simmons – Administrative appeal for pool hall in R-3 zone

Elvis Lee Simmons appealed the denial of a zoning compliance permit for a pool hall located in a Planned Neighborhood Residential (R-3) zone. 1:42:15

Key Issue

The central question before the board was whether the pool hall's nonconforming use status had been lost or abandoned. Staff argued that the nonconforming use had been abandoned, which would have prevented the applicant from continuing operations. The applicant contested this determination.

Key Speakers

The discussion involved board members and staff including Andre Regard, Brenda Mack, William Clay, Jimmy Emmons, and Barry Stumbo.

Board Decision

The board found that the use had not been abandoned. Based on this determination, the board directed staff to accept a conditional use application for further review of the pool hall operation.

Outcome

The appeal was approved. Rather than upholding the denial of the zoning compliance permit, the board's decision allowed the matter to proceed to the next stage through a conditional use application process, which would provide an opportunity for comprehensive review of the proposed pool hall use in the R-3 zone.