Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment met on April 24, 2015, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Chairman Barry Stumbo presiding. The board considered eight agenda items, taking ten motions and votes throughout the meeting while hearing three public comments. The board approved four requests: a variance for Happy Home KY, LLC to reduce required parking for a triplex; a variance for South Elkhorn Village, LLC to reduce floodplain setback to zero feet; a conditional use for Ideal Exchange to relocate and expand a pawnshop; a conditional use for Shiloh Baptist Church to enclose a building for an elevator shaft; and a conditional use for Lexington Cemetery for additional mausoleum buildings. Three items were postponed: a variance request from Invictus, LLC/DBA Noodles & Co. to reduce front setback for a patio; a variance request from Windswept Ventures, LLC to reduce distance from residential zone and front setback; and a conditional use request from Central Kentucky Garden Shop, LLC for a garden center.

Attendance

Present: Barry Stumbo, James Griggs, Janice Meyer, Joan Whitman, Thomas Glover, Kathryn Moore, Casey Kaucher, Chuck Saylor, Jim Marx, Tracy Jones, Barbara Rackers, Jimmy Emmons, and Tammye McMullen.

Absent: Larry Forester.

Late: None.

Votes and Decisions

The meeting included ten votes, all conducted by voice vote with unanimous approval or postponement.

Approval of Previous Meeting Minutes

The minutes from the February 27, 2015 meeting were approved on a motion by James Griggs, seconded by Joan Whitman, with all six members voting in favor 5:38. The minutes from the March 27, 2015 meeting were approved on a motion by Janice Meyer, seconded by Joan Whitman, also with unanimous approval 6:10.

Postponements

Three matters were postponed: - V-2015-27: Windswept Ventures LLC variance appeal was postponed for 30 days on a motion by Kathryn Moore, seconded by Thomas Glover, with unanimous approval 7:41. - C-2015-15: Central Kentucky Garden Shop conditional use appeal was postponed for 90 days on a motion by Janice Meyer, seconded by Thomas Glover, with unanimous approval 8:48. - V-2015-25: Invictus LLC variance appeal was continued for 30 days on a motion by Thomas Glover, seconded by Janice Meyer, with unanimous approval 1:01:08.

Approved Variances

• V-2015-26: South Elkhorn Village LLC variance to reduce floodplain setback to 0 feet was approved on a motion by Kathryn Moore, seconded by Janice Meyer, with all six members voting in favor 11:46. The approval included three conditions regarding site construction, compliance with zoning ordinance requirements, and necessary permits.
• V-2015-24: Happy Home KY, LLC variance to reduce parking from 5 to 4 spaces was approved on a motion by Thomas Glover, seconded by Joan Whitman, with unanimous approval 2:01:07. Four conditions were attached regarding site plan compliance, permits including Certificate of Appropriateness, parking area development standards, and outdoor lighting requirements.

Approved Conditional Use Permits

• C-2015-21: Ideal Exchange conditional use permit to relocate and expand a pawnshop was approved on a motion by James Griggs, seconded by Thomas Glover, with all six members voting in favor 12:46. Five conditions were imposed, including restrictions on outdoor merchandise display and firearms sales without amended approval.
• C-2015-22: Shiloh Baptist Church conditional use permit to enclose a building for an elevator shaft was approved on a motion by Janice Meyer, seconded by Joan Whitman, with unanimous approval 14:22. Two conditions required compliance with submitted plans and necessary permits.
• C-2015-23: Lexington Cemetery conditional use permit for additional mausoleum buildings was approved on a motion by Thomas Glover, seconded by Joan Whitman, with all six members voting in favor 15:27. Three conditions were attached, including provisions allowing the approval to be exercised over an extended period.

Public Comment

Three speakers addressed the board during the public comment period.

Amy Clark – Opposition to Happy Home KY Variance 1:14:20

Ms. Clark opposed the proposed variance for Happy Home KY, arguing that the project pushes the limits of zoning constraints. She raised concerns about the accuracy of the site plan data and stated that the project would exceed permitted lot coverage and open space requirements. Ms. Clark urged the board to continue the case until a complete and accurate plan could be submitted for review.

Chad Colony – Support for Noodles & Company Patio Variance 1:31:54

Mr. Colony spoke in favor of his revised patio plan for Noodles & Company. He argued that the revised design improves safety by eliminating two hazardous parking spots and lowers the wall to enhance visibility. Mr. Colony emphasized the community benefits of the project and requested board approval, noting that delaying the decision could result in loss of summer business.

Jack Stewart – Concerns about Noodles & Company Patio Design 1:49:55

Mr. Stewart, representing Pazzo's, expressed concerns about the proposed Noodles & Company patio. He raised issues regarding the patio's proximity to the adjacent business, the presence of combustible materials near the property line, and the potential for the structure to be visually and structurally invasive to the neighboring property.

Contested Items

Happy Home KY Variance

Community opposition arose regarding a variance request for Happy Home KY, with concerns centered on lot coverage, open space, and plan accuracy. The applicant countered these objections by presenting arguments of financial hardship and an inability to secure financing without the requested variance. The disagreement reflected competing priorities between community concerns about site design and the applicant's financial constraints.

Noodles & Company Patio Variance

A heated discussion took place regarding a patio variance for Noodles & Company. The board debated the safety implications of reduced sight distance resulting from the proposed patio expansion. A key point of contention was whether eliminating all four parking spaces would represent a better alternative solution to the variance request. The applicant responded to the board's concerns by offering revised plans. However, rather than reaching a resolution, the board postponed the case, indicating that further consideration and potentially additional revisions would be needed before a final decision could be made.

Happy Home KY, LLC – Variance to reduce required parking for triplex

Happy Home KY, LLC requested a variance to reduce the required off-street parking for a triplex from 5 spaces to 4 spaces, representing a 20% reduction. The property is located in a Historic District Overlay zone.

Staff Recommendation and Rationale

Staff recommended approval of the variance based on several factors: the walkability of the location, the reduced parking need due to fewer bedrooms in the units, and the project's compatibility with H-1 design guidelines.

Key Speakers

The discussion involved Kyle Holscher, Amy Clark, and Jimmy Emmons.

Opposition and Concerns

Opposition to the variance was raised, with concerns focused on: - Lot coverage issues - Inadequate open space - Accuracy of the submitted plan

Outcome

The variance was approved 1:01:46.

Invictus, LLC/DBA Noodles & Co. – Variance to reduce front setback for patio

Case Number: V-2015-25

Request: The applicant requested a variance to reduce the front setback from 10 feet to 0 feet to construct a covered patio.

Key Speakers: Chad Colony, Jimmy Emmons, and Casey Kaucher

Staff Recommendation and Concerns:

Staff recommended disapproval of the variance, citing safety concerns related to reduced sight distance for remaining parking spaces. The reduced setback would compromise visibility and create potential safety hazards for vehicles using the parking area.

Applicant Response:

In response to staff concerns, the applicant proposed revised plans that included modifications to address the safety issues. The revised design featured lower walls and removed columns, which were intended to improve sight lines and mitigate the visibility concerns raised by staff.

Outcome:

The board postponed the case for 30 days, allowing time for further review of the revised plans and additional consideration of the proposal.

1:01:46

South Elkhorn Village, LLC – Variance to reduce floodplain setback to 0 feet

Identifier: V-2015-26

South Elkhorn Village, LLC requested a variance to construct a commercial addition with a 0-foot setback from the floodplain 11:46.

Presentation and Recommendation

Staff recommended approval of the variance, citing unique site conditions at the property that justified the reduced setback requirement. The applicant's proposal was reviewed as part of the Special Use Permit process, which provided an additional layer of review and compliance verification. Staff determined that the 0-foot floodplain setback would not result in adverse impacts to public health or safety.

Key Speakers

• Rory Kahly
• Jimmy Emmons

Outcome

The variance was approved.

Windswept Ventures, LLC – Variance to reduce distance from residential zone and front setback

Case Number: V-2015-27

Applicant Request: Windswept Ventures, LLC sought two variances for an office/warehouse building project. The variances would reduce the required distance from a residential zone and adjust the front setback requirements.

Staff Recommendation: Staff recommended postponement of the case due to two significant issues: inadequate notice to affected parties and technical errors in the base map submitted with the application.

Key Speaker: Jimmy Emmons

Outcome: The board voted to postpone the case for 30 days 7:41, allowing time for the applicant to address the notice and technical map deficiencies identified by staff before the matter could be properly considered.

Central Kentucky Garden Shop, LLC – Conditional use for garden center

Case Number: C-2015-15

Request: Central Kentucky Garden Shop, LLC applied for a conditional use permit to operate a garden center with mulch sales.

Action Taken: 8:48 The board postponed consideration of this case. Staff noted that the applicant had requested a postponement, and the board agreed to reschedule the matter to July 31, 2015.

Key Participant: Jimmy Emmons

Ideal Exchange – Conditional use to relocate and expand pawnshop

Case Number: C-2015-21

Proposal: The applicant sought approval for a conditional use permit to relocate and expand a pawnshop within an existing shopping center.

Key Speakers: Rich Coppersmith and Jimmy Emmons

Staff Recommendation: Staff recommended approval of the conditional use permit, determining that the proposed relocation and expansion would have no adverse impact on the surrounding area and that adequate public services were available to support the use.

Board Action: The board approved the conditional use permit with five conditions imposed on the approval.

Outcome: Approved

12:46

Shiloh Baptist Church – Conditional use to enclose building for elevator shaft

Case Number: C-2015-22

Request: The applicant sought a conditional use permit to enclose part of the church building for an elevator shaft.

Staff Recommendation: Staff recommended approval of the conditional use permit, citing the minor nature of the expansion and the adequacy of public facilities to serve the project.

Key Speakers: Ed Holmes and Jimmy Emmons participated in the discussion of this agenda item. 14:22

Outcome: The board approved the conditional use permit with two conditions imposed on the approval.

Lexington Cemetery – Conditional use for additional mausoleum buildings

Case Number: C-2015-23

Lexington Cemetery sought a conditional use permit to construct additional mausoleum buildings on its property. 15:27

Key Speakers: - Cliff Ashburner - Jimmy Emmons

Staff Recommendation and Rationale:

Staff recommended approval of the conditional use permit. The recommendation was based on the isolated location of the cemetery and the availability of adequate services to support the proposed mausoleum buildings.

Board Action:

The board approved the conditional use permit with three conditions attached to the approval.

Outcome: Approved