Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment Planning Services Section met on May 29, 2015, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky. Barry Stumbo presided over the meeting, which addressed nine agenda items including variance appeals, conditional use appeals, and administrative appeals. The board took 10 motions and votes during the session and heard 9 public comments from attendees.

Of the nine appeals considered, seven were approved and two were disapproved. The approved items included four variance appeals (Invictus, LLC & Spartan Pastabilities, LLC; Pine Knoll Farm/Gillian Vallis; Emerge Development; and Greer Land Company), three conditional use appeals (First Alliance Church; Tates Creek Presbyterian Church; and Sumya Elgumati), and one combined conditional use and dimensional variance appeal that was disapproved (Windswept Ventures, LLC). The board also heard an administrative appeal from Brenda Mack, which was disapproved.

Attendance

The following individuals were present at the meeting on May 29, 2015:

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

No absences or late arrivals were recorded.

Votes and Decisions

The Board of Adjustment approved nine items during this meeting, with all votes passing unanimously.

V-2015-31 4:03: Approval of variance to reduce required setback from right-of-way from 30 feet to 25 feet to partially enclose an existing riding arena in A-R zone at 1101 N. Yarnallton Pike. Motion by Janice Meyer, seconded by Larry Forester. Passed unanimously with all seven members voting in favor: Barry Stumbo, James Griggs, Janice Meyer, Joan Whitman, Kathryn Moore, Thomas Glover, and Larry Forester. Conditions included development according to submitted site plan and obtaining encroachment agreements from LFUCG and utility companies prior to enclosure.

V-2015-34 4:34: Approval of variance to reduce required side yards from 5 feet to 3 feet to construct apartment buildings on three lots in R-3 zone at 412, 422, and 424 East Third Street. Motion by Janice Meyer, seconded by Joan Whitman. Passed unanimously. Conditions required Zoning Compliance and Building Permits prior to construction, and specified that the variance applied only to side yards between the three new buildings, with exterior yards required to meet the 5-foot setback.

V-2015-35 5:39: Approval of variance to reduce required project exterior yard from 20 feet to 5 feet to build an addition to an apartment building in R-4 zone at 858 Malabu Drive. Motion by Kathryn Moore, seconded by James Griggs. Passed unanimously.

C-2015-28 6:48: Approval of conditional use permit to expand and pave an existing grass parking lot in A-U zone at 2201 Old Higbee Mill Road. Motion by Thomas Glover, seconded by Larry Forester. Passed unanimously. Conditions included obtaining necessary permits and compliance with Engineering Manual requirements for paving, detention facilities, and landscaping.

C-2015-29 10:05: Approval of conditional use permit to construct a building addition to an existing church (nursery expansion) in A-U zone at 3900 Rapid Run. Motion by James Griggs, seconded by Janice Meyer. Passed unanimously. Conditions included obtaining necessary permits, paving and landscaping parking areas, implementing storm water management, and preserving existing tree lines and fencing.

C-2015-30 11:11: Approval of conditional use permit to operate a community outreach center in R-4 zone at 572 Georgetown Street. Motion by Janice Meyer, seconded by Joan Whitman. Passed unanimously. Conditions required parking lot re-striping within three months and documentation of extended parking agreements.

V-2015-25 52:11: Approval of variance to reduce required front setback from 10 feet to 0 feet to construct an outdoor patio in B-1 zone at 395 South Limestone. Motion by Janice Meyer, seconded by Larry Forester. Passed unanimously.

CV-2015-27 1:37:14: Disapproval of conditional use permit to extend I-1 zone regulations 25 feet into R-3 zone at 729 Bellaire Avenue. Motion by Janice Meyer, seconded by Joan Whitman. Passed unanimously.

CV-2015-27 1:38:26: Approval of dimensional variance to reduce required 100-foot distance from residential zone to 2 feet in I-1 zone at 729 Bellaire Avenue. Motion by Janice Meyer, seconded by Joan Whitman. Passed unanimously.

AV-2015-32 2:30:20: Disapproval of administrative appeal to change non-conforming use from beauty salon to cocktail lounge/bar and parking variance in R-3 zone at 400 Chestnut Street. Motion by Thomas Glover, seconded by James Griggs. Passed unanimously.

Public Comment

The meeting included public comments on two primary topics: the proposed Windswept Ventures driveway and Brenda Mack's bar application.

Windswept Ventures Driveway

Three residents spoke in opposition to the proposed driveway:

• Sarah Williams 1:00:00 expressed concern about the safety of children and pets, noting that the proposed driveway would be only 10 feet from a residence. She cited a dog already killed by traffic and raised concerns about increased risk from 20-30 employees.

• Seward F. Taylor 1:10:18 shared personal experience of neighborhood changes and expressed concern about increased traffic and safety hazards from the new driveway, particularly given the proximity to the Legacy Trail.

• April Taylor 1:14:57 appealed to the board to consider the human impact of gentrification and requested that the driveway be relocated to the far end of the property.

Brenda Mack's Bar Application

Four residents spoke in opposition to the bar application, citing safety concerns:

• Theodore Berry 2:04:49 highlighted violent crime in the area, including shootings at the intersection, and emphasized the danger of adding a bar to a neighborhood already affected by drug activity.

• John Williams Jr. 2:09:44 stated that the area is dangerous and that a bar would bring more crime, violence, and drunken people to the neighborhood.

• Odell Moss 2:11:28 shared personal fears of violence and expressed determination to stay in the neighborhood despite dangers, emphasizing the need to protect residents.

• William Bond 2:18:52 stated that the neighborhood has become dangerous and that a bar would worsen the situation, citing the need for safety and peace.

Two speakers addressed the bar application in support or defense:

• Andre Regard 2:20:30 argued that the use is in the same classification as a conditional use in B1 zone and that the applicant is willing to accept conditions to ensure responsible operation.

• Brenda Mack 2:24:13 stated she is from the neighborhood and wants to open a private, limited bar with controlled hours and drink limits to avoid contributing to neighborhood problems.

Contested Items

The meeting included three items that generated significant community concern and board discussion.

Windswept Ventures Driveway and Conditional Use

Residents strongly opposed the proposed driveway for Windswept Ventures, citing safety concerns for children and pets. Community members pointed to a history of traffic incidents in the area and referenced a dog that had been killed by a vehicle, arguing that the driveway would exacerbate existing hazards.

Brenda Mack's Bar Application

The application generated deep concern from residents about the potential impacts on neighborhood safety and quality of life. Community members expressed worry about increased crime, violence, and traffic, noting that the neighborhood was already experiencing drug activity and shootings.

Invictus Noodles & Spartan Pastabilities Patio Variance

The Board engaged in heated discussion regarding the proposed patio variance for this establishment. The primary disagreement centered on the extent of the proposed patio coverage. Board members and community participants raised concerns about pedestrian safety and the potential for the decision to set a precedent for future design requests in the area.

Variance Appeal: Invictus, LLC & Spartan Pastabilities, LLC

12:32

The Board considered a variance request submitted by Invictus, LLC and Spartan Pastabilities, LLC for property located at 395 South Limestone. The applicant sought approval to reduce the front setback requirement from 10 feet to 0 feet to construct a covered patio.

Presentation and Revisions

The applicant presented an initial plan that was subsequently revised during the review process. In response to Board feedback, the applicant eliminated four non-compliant parking spaces from the original proposal and modified the structure design to feature a pergola-style construction rather than the initially proposed design.

Key Discussion

The variance request was discussed by Board members including Jimmy Emmons, Chad Colony, and Jack Stewart. The discussion centered on the setback reduction and the feasibility of the revised site plan with the reduced parking configuration.

Public Opposition

Public comment was received during the meeting, with opposition expressed regarding the variance request.

Conditions and Approval

Despite the public opposition, the Board approved the variance request. The approval included conditions designed to address safety and site management concerns. Notably, the Board required the installation of suitable barriers to prevent vehicles from entering the sidewalk area, ensuring that the reduction in setback would not create hazards for pedestrians.

Outcome: Approved with conditions

Variance Appeal: Pine Knoll Farm/Gillian Vallis

Identifier: V-2015-31

Outcome: Approved

The Board considered a variance request for Pine Knoll Farm, submitted by Gillian Vallis, to reduce the setback requirement from the right-of-way from 30 feet to 25 feet. The variance would allow for the partial enclosure of an existing riding arena located in an A-R (Agricultural-Residential) zone. 3:09

Lynn Pedigo presented the item to the Board. The applicant agreed to accept the recommended conditions associated with the variance approval. No opposition to the request was raised during the meeting.

The Board approved the variance as presented.

Variance Appeal: Emerge Development

Case Number: V-2015-34

Outcome: Approved

Benjamin Clements presented the variance appeal for Emerge Development 4:34. The Board considered a request to reduce required side yards from 5 feet to 3 feet to permit the construction of apartment buildings on three lots located in the R-3 zone.

The applicant agreed to the conditions imposed by the Board. No opposition to the variance was raised during the meeting.

The Board approved the variance as requested.

Variance Appeal: Greer Land Company

Case Number: V-2015-35

Outcome: Approved

The Board considered a variance request from Greer Land Company to reduce the required exterior yard setback from 20 feet to 5 feet for the construction of an addition to an apartment building located in the R-4 zone. 5:39

Matt Carter presented the variance application to the Board. The applicant agreed to accept the conditions associated with the variance approval. No opposition to the request was raised during the meeting.

The Board approved the variance as requested.

Conditional Use Appeal: First Alliance Church

The Board considered a conditional use permit application (C-2015-28) for First Alliance Church to expand and pave an existing grass parking lot located in the A-U zone 6:48.

Presentation and Discussion

Homer Strader presented the application to the Board. The proposal involved improvements to the church's parking facilities through expansion and paving of an existing grass lot.

Outcome

The Board approved the conditional use permit. The applicant agreed to accept all conditions associated with the permit, and no opposition to the proposal was raised during the meeting.

Conditional Use Appeal: Tates Creek Presbyterian Church

The Board considered a conditional use permit application for Tates Creek Presbyterian Church to construct a building addition for nursery expansion to an existing church located in an A-U zone 10:05.

Presentation and Key Speaker

Jeremy Kelly presented the application to the Board.

Application Details

The proposal involved constructing a building addition to expand the church's nursery facilities. The church is situated in an A-U zoned area.

Board Action

The Board approved the conditional use permit. The applicant agreed to accept the conditions imposed by the Board as part of the approval.

Public Input

No opposition to the application was raised during the meeting.

Outcome

The conditional use permit was approved.

Conditional Use Appeal: Sumya Elgumati

Identifier: C-2015-30

Overview

The Board considered a conditional use permit application by Sumya Elgumati to operate a community outreach center in the R-4 zone 11:11.

Presentation and Discussion

Sumya Elgumati presented the application for the conditional use permit. The applicant agreed to the conditions associated with the permit.

Outcome

The Board approved the conditional use permit. No opposition was raised during the consideration of this item.

Conditional Use and Dimensional Variance Appeal: Windswept Ventures, LLC

Case Number: CV-2015-27

Outcome: The Board disapproved the conditional use permit but approved the dimensional variance with conditions.

Overview

The Board considered a conditional use permit and dimensional variance appeal submitted by Windswept Ventures, LLC. The conditional use permit sought to extend I-1 zone regulations into an R-3 zone, while the dimensional variance addressed operable windows in the southern portion of the building.

Key Participants

The following individuals participated in the discussion: Ross Steintorf, Sarah Williams, Seward F. Taylor, April Taylor, Aaron Baker, Theodore Berry, John Williams Jr., Odell Moss, William Bond, and Andre Regard.

Conditional Use Permit Decision

The Board disapproved the conditional use permit to extend I-1 zone regulations into the R-3 zone. Safety concerns regarding a proposed driveway near residences were the primary basis for disapproval. The Board determined that the proposed use posed unacceptable risks to the residential area.

Dimensional Variance Decision

The Board approved the dimensional variance for operable windows in the southern portion of the building. This approval was granted subject to specific conditions that the applicant must satisfy.

Transcript Location

Relevant discussion of this agenda item begins at approximately 1:37:14.

Administrative Appeal: Brenda Mack

The Board considered an administrative appeal by Brenda Mack to change a non-conforming use from a beauty salon to a cocktail lounge/bar, along with an associated parking variance request. 2:30:20

Key Participants

The discussion involved Board members Jimmy Emmons, Billy Mallory, Aaron Baker, Theodore Berry, John Williams Jr., Odell Moss, William Bond, and Andre Regard, along with appellant Brenda Mack.

Board Decision

The Board disapproved the administrative appeal and denied the parking variance.

Rationale

The Board's decision was based on two primary concerns:

• Increased intensity of use: The proposed change from a beauty salon to a cocktail lounge/bar represented a significant increase in the intensity of the non-conforming use at the location.

• Neighborhood opposition: The Board cited overwhelming opposition from the neighborhood regarding the proposed use change.

The combination of these factors—the more intensive nature of the proposed cocktail lounge/bar operation compared to the existing beauty salon, coupled with substantial community objection—led the Board to deny both the use change and the parking variance necessary to support it.